09-02-1980 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
September 2, 1980
The regular meeting of the Miami Shores Village Council was held on
September 2, 1980, 7:30 p.m., at the Village Hall, with the following Council-
men 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 a Villager, Mr.
Mike Khoury, followed by the Pledge of Allegiance.
MINUTES - August 19, 1980.
Minutes of the Council meeting of August 19, 1980, were approved as
written by motion made by Mr. Lodge, seconded by Mr. Bowen and carried.
PLANNING BOARD MINUTES - August 28, 1980.
A request for a cedar trellis on the front facade of the Wiener
residence at 10166 N. E. 12th Avenue, was approved as a variance by the Planning
Board, pending their recommended trellis ordinance. Mr. Bowen's motion for
approval of the Planning Board action was withdrawn on advice of the Village
Attorney that this should not be approved as a variance under the conditions of
the Zoning Ordinance. Mr. McIntosh stated that based on the Village Attorney's
presentation that this was an improper action on the part of the Planning Board
with no legal basis, he moved to override the Planning Board and deny the
request. The motion was seconded by Mr. Spahn. A call vote was taken with the
following results:
9/2/80
-2-
Mr. Lodge Yes
Mr. Spahn Yes
Mr. McIntosh Yes
Mr. Bowen Yes
Mayor Everett Yes
The Village Manager was instructed to contact the applicant and
explain the action taken by the Council.
On 8/28/80 the Planning Board also approved, as a variance, application
to build on Lot 12, Block 76, Miami Shores Section #3, by Homes America Corpor-
ation. This is a non -conforming lot of 7182 sq. ft. A Waiver of Plat was
approved by Council on October 4, 1974 relocating lot lines on this Pit and
on Lot 13.
Lot 13, to create a building site Mr. McIntosh moved that a variance of 318 sq. ft.
in lot area be granted to this applicant due to the fact that he cannot obtain
any more land to increase the size of the lot, with approval based on submitting
a Waiver of Plat in conformance with law. The motion was seconded by Mr. Lodge
and passed unanimously.
The agenda item on Southern Bell Telephone was taken next to accommodate
Mr. John Wolf's time schedule. Mr. Wolf, the telephone company representative,
reported that the Village's contract with Southern Bell had been approved on a
ten year basis, and that they were in line with the proposal made in 1977. He
proposed to have someone from Southern Bell come in and look over the system.
Discussion followed concerning the great increased cost of phone service, partly
due to cost per mile between facilities, and why a direct line phone can't be
put back at the Country Club.
FRED ASTAIRE SCHOOL OF DANCE - License to operate.
The cafeteria building on N. E. 2nd Avenue at 99th Street had been
permitted to be altered by the Building Inspector. Because the Zoning Ordinance
prohibits "Dance Halls" and schools in a B -zone, the license had been denied.
Mr. William Wolfson, operator of the dance studio, filed an appeal for a license.
9/2/80
-3-
Mr.Wolfson contended that he had spent over $50,000 on remodeling and
furnishings for the building, and that it was not a 'dance hall". Mr.
Ackley reported that neither schools nor dance studios are listed in the
Zoning Ordinance. Mr. Lodge moved that the Council approve the application
for occupational license of Fred Astaire Dance Studio for a period of one
year, to be renewed yearly. The motion was seconded by Mr. Spahn and
passed 4/1 with Mr. McIntosh dissenting.
BID RECOMMENDATIONS.
(a) Fertilizer - A recommendation was made to accept the low bid
of Atlantic Fertilizer at a net price of $2838.00, which was
approved by motion made by Mr. Lodge, seconded by Mr. Bowen and
passed unanimously.
(b) Air Compresser - The low bid of Blanchard Machinery was
recommended in the amount of $6293.00, with Options 1 and 2.
Mr. Lodge moved that this be removed from the table. The motion
was seconded by Mr. McIntosh and carried. Mr. Bowen moved that
the low bid of Blanchard Machinery in the amount of $6293.00 be
approved with the condition that Option #2 be purchased from Sullair
Corporation if possible, to save $200.00 on this item. The motion
was seconded by Mr. Spahn and passed unanimously.
ORDINANCES.
(a) 24 Hour Business operation - 2nd reading.
Following the second and final reading of the ordtn.ance to restrict
business operations between the hours of one a.m. and 6 a.m., Mr. Lodge
moved it be approved as read. The motion was seconded by Mr. McIntosh.
Attorney Robert Roth, representing Utotem, argued that there has not been a
sufficient showing for a need for this ordinance and that his client would
9/2/80
-4-
be irreparably damaged by it.
The following Villagers spoke in favor of the closing hours:
Mr. Nick Dallis, 186 N. W. 108th St.
Mr. Ed Abdella, 9304 N. E. 9th P1., President of the Miami Shores
Property Owners Assoc.
Mr. Joe Lodge, 390 N. E. 102nd St.
Mr. Ken Greenblat, 9357 N. E. 9th P1.
The Mayor asked if anyone in the room used these establishments after
1 a.m. and noo answered in the affirmative.
The motion was then voted on and passed 4/1 with Mr. Spahn dissenting,
said ordinance being:
ORDINANCE NO. 419-80
AN ORDINANCE AMENDING CHAPTER 13, ARTICLE I,
SECTION 1, OF THE CODE OF ORDINANCES, MIAMI
SHORES VILLAGE, FLORIDA; FINDING NEED FOR
ORDINANCE LIMITING HOURS OF RETAIL SALES OF
CONSUMER GOODS; ESTABLISHING LIMITED HOURS FOR
RETAIL SALE OF CONSUMER GOODS; PROVIDING
EFFECTIVE DATE.
(b) Pension Plan amendment, first reading.
A proposed ordinance was read for the first time, to amend the Pension
Plan to provide a one time maximum increase of 10% to Miami Shores Village
retirees. Mr. McIntosh moved approval on first reading. The motion was
seconded by Mr. Bowen and passed unanimously.
(c) License fees, first reading.
As provided by recent law increased license fees were proposed for
the fiscal year beginning October 1, 1980. The ordinance was approved on
first reading by motion made by Mr, McIntosh, seconded by Mr, Bowen and
passed unanimously,
id) Code Enforcement Board, first reading,
The ordinance to create a Code Enforcement Board of six members was
approved on first reading by motion made by Mr. Bowen, seconded by Mr. Spahn
9/2/80
-5-
and passed unanimously.
INSURANCE BINDER.
The Village Manager recommended binding our insurance coverage from
September 9th, at current levels, for public liability and that Assault &
Battery be included. After discussion of the legal limits, the primary coverage
of our present insurance and the Umbrella Coverage, Mr. McIntosh moved that
the Council approve extending the existing primary policies to October 1, 1980.
The motion was seconded by Mr. Bowen and passed unanimously.
RESOLUTION TO BORROW MONEY ON TAX ANTICIPATION.
Mr. Ackley reported that due to the TRIM bill we will probably not
receive our tax money from Dade County until after January, and he recommended
borrowing $600,000.00 at 6% interest as offered by Peoples First National Bank
of Miami Shores. Mr. McIntosh moved that a resolution be drafted by the
Village Attorney for the proposed loan offered by Peoples First National Bank.
The motion was seconded by Mr. Bowen and passed unanimously.
VILLAGE MANAGER'S REPORT.
(a) Purchase of power sprayer - required to maintain parks against
Chinch bugs. Funds available in Capital Outlay Account of the
Parks Dept.
(b) Auction receipts - net profit $5,868.00, to be divided between
the Village and Club.
(c) Coopers & Lybrand letter - re next year's audit at cost of
$15,000.00.
(d) Council appointments - to be made before October 1st.
(e) Letter from So. Fla. Employment & Training Consortium - information.
(f) Letter from County Manager regarding community development -
Mr. Ackley recommended that the Village not opt out of the urban
county classification. Mr. McIntosh moved that the Council
approve the Manager's recommendatior9'larban county classification.
The motion was seconded by Mr. Bowen and passed unanimously.
(g) Authorization to advertise for architect/engineer - approved
by motion made by Mr. Lodge, seconded by Mr. Bowen and passed
unanimously.
The other items on the Manager's report had been taken up earlier in
the meeting.
-6-
Mr. Bowen asked Mr. Ackley if the Special Recreation Committee
had forwarded their recommendations to him and Mr. Ackley said yes and
he will be coming back to Council with these recommendations.
Mr. Lodge asked again about outside lights at the Country Club.
The meeting adjourned at 10:30 p.m.
9/2/80