04-01-1980 Regular Meeting REGULAR MEETING
MIAMI. SNORES VILLAGE COUNCIL
April 1, 1980
The regular meeting of the Miami Shores Village Council was held on
April 1, 1980, 7:30 p.m. , at the Village Hall , following a work shop on the
minimum standards ordinance.. The following Councilmen were present:
Mayor Henry A. Everett
Donald W. McIntosh
Ralph E. Bowen
Herbert Spahn, Jr.
Robert J. Lodge
Absent: None
Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr, ,
Village Attorney, were also present,
The meeting was opened with an invocation given by Dr. Harold Davenport,
of the Miami Shores Community Church, followed by the pledge of allegiance.
A proclamation proposed by the Beautification Committee was read
in which April was declared SPRING CLEANING MONTH IN MIAMI SHORES, urging the
citizens to clean up, fix up and beautify.
Minutes of the meeting of March 18, 1980, were approved as written
by motion made by Mr, Lodge, seconded by Mr. Spahn and passed unanimously.
Planning Board minutes - March 27, 1980.
Appeal of Mr. James W. Walker, 68 N. W. 95th St. , to be taken up at
the next meeting.
Bid opening:
(a) Landscaping at Village Hall and Library.
Bids were opened and recorded as follows:
MELROSE NURSERY, INC. Village Hall Library Total
2741 N. W. 27th Ave.
Miami , Fla. $4,190.00 $1,060.00 $5,250.00
BERT NEWCOMB
2902 N. W. 32 Ave. 4,275.00 1,599.50 5,874.50
Miami , Fla.
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(b) Lawn service at Community Center and pool .
Bids were opened as follows:
Community
ENTERPRISE LAWN SERVICE Center Pool Total
Miami , Fla. $3,800.00 yr. With discount for
using Rec. Dept.
equipment
$3,000.00
Mr. Ackley stated that the bids would be reviewed and a recommendation
made at the next meeting.
Referring back to the Planning Board minutes Mr. Bowen asked
questions about the house at 215 Grand Concourse which Mr. Ackley reported has
illegally been converted 'i'nto an office building. Discussion followed as to
what kind of permit was issued for this work and how better control can be
exercized over permits in the future.
MICA - service agreement amendment.
The Village Manager asked the Council to extend the MICA agreement
by six months for completion of the FICA program. Extension of the agreement
was approved by motion made by Mr. Lodge, seconded by Mr. Spahn and passed
unanimously.
Use of underground storage tanks at 10855 N. E. 6th Ave.
A letter was received from the Miami Country Day School approving
the Village's requested use of underground storage tanks at 10855 N. E. 6th
Ave. It was proposed that these tanks be used for storage of emergency fuel
for Village vehicles. The school 's approval was granted with certain pro-
visions for police patrol and purchase of gasoline. After some discussion
Mr. McIntosh moved that this be studied by the Village Manager and Village
Attorney and come back to Council with a recommendation, and that the Manager
look into utilizing this facility not on a temporary basis but on a full use
basis. The motion was seconded by Mr. Lodge and passed unanimously.
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Barry College sanitation- bill .
Mr. Ackley submitted a report on the waste collection service at
Barry College, with comments on service at Biscayne Dog Track and Tropical
Chevrolet, all of which have probably been undercharged in the prior years.
The recommendation was for Barry to pay their sanitation bill as invoiced,
the only alternative being to pro-rate cost on an actual use basis which
would require amending the ordinance. The Village Attorney stated he has been
working with the Manager to see if they could come up with a more equitable
formula, as establishing a minimum charge with so much per container over this
amount. Mr. McIntosh moved, that - any action on Barry College's request be
tabled until the Village Attorney and Village Manager come back with answers
on this billing. The motion was seconded by Mr. Spahn and passed 3/2 with
Councilmen Bowen and Lodge dissenting.
Improvement of parkway for school bus stop.
A letter was received from the Assistant Principal of the Miami Shores
Elementary School , asking the Village to make improvements to the parkway on
N. E. 105th Street, to facilitate use by the school buses. The Village Manager
did not recommend this as a policy matter of improving parkways for the abutting
property owners. It was decided that Mr. Ackley would meet with the Assistant
Principal , to work something out.
Policy regarding utility tax.
Mr. Ackley reported that the Phone Company has been exempting certain
users from the utility tax without approval of the Village, or in compliance
with the State Law which provides that utility service furnished to church
property used exclusively for church purposes is exempt from utility tax.
Mr. Ackley interpreted this to mean that "any ongoing business activity con-
ducted on church premises, such as, schools, day cares, kindergartens, summer
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camps, or similar activities for which fees are charged and which are open to
the public, would eliminate the church exemption from utility tax."
Mr. McIntosh moved that based on the Village Manager's recommendation,
any ongoing business activity conducted on church premises, such as schools,
day cares, kindergartens, summer camps, or similar activities for which fees
are charged and which are open to the public, shall not be exempted from the
utility tax. The motion was seconded by Mr. Spahn and passed 4/1 with Mr.
Bowen dissenting.
Resolution on train whistles.
A proposed legislative bill was received from Ron Silver of the Dade
Delegation to effect a law prohibiting train whistles during certain hours if
crossings are protected by other devices. Mr. Bowen moved that the Village
Council endorse this bill in the most effective way possible, notifying the
Dade League of Cities, the Legislative Committee and Mr. Ron Silver. The
motion was seconded by Mr. Lodge and passed unanimously.
Village Manager's report.
(a) Progress report from Recreation Dept. - self explanatory.
In discussing the Recreation Dept. and the proposed contract
for lawn service Mr. Bowen asked if this would eliminate
personnel who are now used to pick up litter. Mr. Ackley
stated it would not. Mr. Bowen suggested eliminating soft
drinks (since there is a new water fountain) in an effort
to solving the problem of littering.
(b) Tennis Club news - information only.
(c) Publix parking lot - Mr. Ackley reported that the store manager
is requesting authorization to hire a security officer.
(d) Budget schedule - The Council was requested to furnish dates
they can meet, reserving Thursdays in July for additional
work shops.
Minimum Standards ordinance.
Work shop called for April 15th, 6;00 p.m. , to continue review of
the ordinance.
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Ordinance on flat roof additions, second reading.
Following the second and final reading Mr. Lodge moved approval
of the ordinance. The motion was seconded by Mr. Spahn. Mr. Bowen argued
that the ordinance is still too restrictive and does not apply equally to all
owners. Upon vote the ordinance was passed 3/2 with Councilmen McIntosh and
Bowen dissenting. Said ordinance is entitled:
ORDINANCE NO. 417-80
AN ORDINANCE AMENDING SECTION 255, ARTICLE II,
OF MIAMI SHORES VILLAGE ORDINANCE NO. 270;
EXPANDING RESTRICTION ON FLAT ROOF ADDITIONS
TO EXISTING PITCHED-ROOF STRUCTURES TO ALLOW A
MAXIMUM OF 300 SQUARE FEET, OR 15%, WHICHEVER
IS GREATER.
Council comments.
Mr. Lodge, referring to the letter from the Chamber of Comemrce,
asked about the vacancies on the police force. Mr. Ackley reported that we
have currently two vacancies of sworn personnel , one secretary and one dispatcher.
Mr. Bowen reported on the Crime Watch meeting and stated that it
was the concensus of the taxpayers present that they are inclined to accept an
increase in taxes for ptllite services.
Mr. McIntosh suggested a meeting with the Chamber of Commerce but
Mr. Ackley stated he planned to meet with the Chamber Board on April 22nd.
Mr. McIntosh discussed the letter he had received from Harbour Club
Villas concerning their suit against Quayside and thought they should be
commended for staying in there and carrying their law suit to its finality.
Mr. Lodge commended Dottie Yates and Chad Chumbley for their work
on establishing the Crime Watch
Concerning Quayside, Mr. Daniel McMahon, explained that the new
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Board of Directors of the Shores Condominium at 1700 N. E. 105Th Street,
had dropped the suit against Quayside, to the disappointment of those who
had worked to maintain the suit.
Mr. McIntosh asked that the Council go on record with Harbour Club
Villas as endorsing their position. Mr. McIntosh asked that this be put on
the agenda for April 15, 1980.
The meeting adjourned at 9:15 p.m.
Village Clerk
APPROVED:
Mayor s—�