09-15-1981 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
September 15, 1981
A regular meeting of the Miami Shores Village Council was held on
September 15, 1981, 7:30 p.m., at the Village Hall, with the following Council
members present:
Mayor Robert J. Lodge
Herbert Spahn, Jr.
Donald W. McIntosh
Henry A. Everett
Mrs. Elspeth Jensen
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 Father Seamus Doyle
of St. Rose of Lima Church, followed by the Pledge of Allegiance.
Concerning the minutes of 9/1/81, Mrs. Jensen requested that they reflect
on Page 2. that the American flag be put up on Saturdays, Sundays and holidays
(by the Police Department) and pointed out an incorrect name on Page 3. Mrs.
Jensen then moved that the minutes be approved as corrected. The motion was
seconded by Mr. McIntosh and carried.
PLANNING BOARD MINUTES - 9/9/81.
(a) Approval was granted by the Board for a Waiver of Plat of Lots
6 & 7, Block 77, Miami Shores Section #3, owner - William Cox, 948 N. E. 97th St.
The Waiver was proposed to create two building sites, each having a 75 ft. frontage
with a minimum of 7500 sq. ft. in area. Mr. Spahn moved that the Waiver of Plat
be approved as presented. The motion was seconded by Mr. Everett and passed by
four affirmative votes. Mr. McIntosh abstained because of a conflict of interest.
(b) The Board approved permit for alteration of the office at 153 N. E.
97th Street to be made a part of the marine insurance office at 9700 N. E. 2nd Ave.
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with the provision that the maximum amount of parking spaces be provided.
After discussion Mr. Spahn moved approval of the plans for store alterations at
153 N. E. 97th Street, subject to providing parking as stipulated by the Planning
Board. The motion was seconded by Mrs. Jensen. An amendment was requested that
the paving be done in accordance with Building Dept. specifications. This was
accepted and the amended motion was carried unanimously.
APPEAL OF PLANNING BOARD DECISION - John Prendergast
On August 13, 1981, the Planning Board denied a variance for a wood frame
addition to the house located at 712 N. E. 95th Street. Mr. Prendergast's attorney,
Allen Jacobi, was present to appeal the decision, highlighting the reasons for
wood construction vs. masonry. The Village Attorney confirmed that there is no
basis on which to grant a variance. Mrs. Jensen moved that the Council uphold
the decision of the Planning & Zoning Board. The motion was seconded by Mr. Spahn
and carried by four affirmative votes. Mr. McIntosh did not vote because of a
conflict of interest.
LIABILITY INSURANCE PLACEMENT.
Mr. Ackley presented Council with a report and recommendation on liability
insurance placement for the next fiscal year, and requested that action be
deferred until Council has a chance to read this report and discuss it. Mr.
McIntosh asked for information on the new Federal law (Motor Carrier Act of 1980)
and how it would affect our coverage.
A special Council meeting was scheduled for Tuesday, September 29, 1981,
7:30 p.m., to make a decision on placement of this insurance.
BID RECOMMENDATIONS:
(a) Membership cards - Country Club. The following bids were
opened on September 9, 1981:
CONTINENTAL PLASTIC CARD CO.
P. 0. Box 8408
Coral Springs, Fla. 33065
$1,340.50
-3-
(a) Membership cards (contd.)
ADDRESSING PRODUCTS OF AMERICA
14715 W. Dixie Highway
Miami, Fla. 33181
AWARD MAKER, INC.
800 N. E. 125th St.
North Miami, Fla. 33161
$1,522.50
$2,205.00
9/15/81
Mr. Spahn suggested that cardboard cards be used to save money,
since the card is no longer used for charging. Mr. Spahn then
moved that the bids on plastic cards be rejected. The motion
was seconded by Mr. McIntosh and carried unanimously.
(b) Water heater - Country Club.
The following bids were opened on September 10, 1981:
MANVAL ENTERPRISES, INC.
273 Carlisle Drive
Miami Springs, Fla. 33166
SAM L. HAMILTON, INC.
3800 N. W. 22nd Ave.
Miami, Fla. 33142
$8,242.00
10,031.00
Mr. Ackley reported that following a check into the references
of these companies, the Manval company is being disqualified because
they are not licensed in Dade County. Since this is an emergency
purchase Mr. Ackley recommended acceptance of the Hamilton bid of
$10,031.00. This money is not budgeted and will have to come out
of reserve or contingency funds. Mrs. Jensen moved that the bid of
Sam Hamilton be accepted. The motion was seconded by Mr. Spahn
and carried unanimously. Mr. Ackley stated that if they could not
provide guarantees, etc. he would come back to Council to repid.
F.E.C. AGREEMENT ON PRIVATE CROSSING - N. E. 107th St.
Mr. Ackley recommended that when the new railroad bridge is
completed the crossing at N. E. 107th St. will no longer be needed, that
9/15/81
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we communicate this to F.E.C. and request that the agreement be deferred
until such time as their new bridge is completed. This recommendation was
approved by motion made by Mr. Spahn, seconded by Mr. Everett and unanimously
carried.
LETTER FROM STATE DOT ON BRIDGE INSPECTIONS.
For information only.
REPORT ON AD HOC COMMITTEE MEETING - Mayor Lodge.
Mayor Lodge reported on having attended a meeting in North Miami
concerning a sportscomplex being proposed for the Interama Tract with an
accompanying need for two million dollars.
FOUR-FIFTHS VOTE TO REVERSE PLANNING BOARD - Councilman McIntosh.
Mr. McIntosh referred to the Village Code concerning the vote of
Council to override the Planning Board, and suggested that the sections on
the vote be revised to a 70% vote when there are only four members present.
Also, that the Code be amended to require a unanimous vote when there are
only three Board members present, on the same basis as the Council vote
when a simple majority is present. Mr. McIntosh then moved that the sections
in the Code that deal with a four-fifths' vote be changed to 70%, and that
section 18.3 concerning a quorum of the Planning Board be changed to require
a unanimous vote when there are only three members present. The motion was
seconded by Mr. Sphan and passed unanimously.
A 5 minute recess was called at this point.
PARKING ORDINANCE.
Mr. McIntosh stated that this was out of order inasmuch as it was
added to an amended agenda without notice.
Mayor Lodge quoted from "Robert's Rules of Order" wherein the
introduction of this item was handled properly.
9/15/81
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The proposed parking ordinance was read. Because the new parking
requirements would affect all business property, Mr. McIntosh stated he thought
it would be a conflict of interest for him to vote on it as he owns business
property. The Village Attorney advised that a member of Council can vote if
he files a conflict of interest form. Mr. Everett stated that he has filed a
conflict of interest form and he has been advised by the Village Attorney and
other attorneys that he can vote. Mr. McIntosh left the meeting at this point.
Mr. Spahn moved that the ordinance be approved on first reading.
The motion was seconded by Mr. Everett.
In the discussion that followed it was requested that the "change of
use" definition be put back in as proposed by the Planning Board. Arguments
for and against a "grandfather" clause were voiced, with the doctors owning
professional offices who can't meet the new requirements being for it and
the Property Owners Association being against it.
When the vote was called the motion to approve the ordinance on
first reading was passed 3/1 with Mrs. Jensen dissenting as she stated previously
that she was not prepared to vote on an ordinance that she had not seen before
tonight.
It was announced that this ordinance would be on the agenda of
October 6th with revisions as proposed at this meeting.
VILLAGE MANAGER'S REPORT:
(a) Building Dept. permits - August, information.
(b) Letter re Cuban/Haitian Security program. Received notice
of a grant of $18,000.00 to combat crime in this area.
(c) Railroad and bridge construction - completion within 3 months.
(d) Country Club membership report 8/31/81, information.
Information: inspection station - to be converted to mechanics area.
Resolution from Florida City asking Dade County for
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an accounting of its tax dollar. Mrs. Jensen reported
that the Dade League did not take action to join this
move.
ANNOUNCEMENTS:
(a) Mr. Ackley reported that plans for a bridge over
Biscayne Canal on 107th Street have been moved up
to 1983, and he suggested that residents begin now
to lobby this. The Village could pass a resolution.
(b) Public hearing on budget adoption - 9/22/81, at
Community Center.
COUNCIL COMMENTS:
id
Mrs. Jensen asked if the County had everathe bill for the use
of the inspection station. Mr. Ackley stated it was promised.
PUBLIC COMMENTS:
Mr. Nick Dallis stated that the Property Owners do not agree
with a "grandfather clause" (in the parking ordinance).
The meeting adjourned at 10:10 p.m.
FORM 4
MEMORANDUM OF VOTING CONFLICT
DATE ON WHICH VOTE OCCURRED:
JE A4F3ErL 1S- ,1981
PART A
Name:
Address
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C.!-NTITS 14- Th64.2 LU • Telephone. 3eS 750e14y
(LAST) (FIRST (MIDDLE) (A/C) (NUMBER)
S13 NF f VJ! (_ hioui 5.14.62eS 33138 lxpe.
(STREET)
(CITY) (ZIP CODE) (COUNTY)
PART B
Agency is a unit of [check one] : ( ) State of Florida; (I/' County, City or other Political Subdivision
M14:44-44.... S ees vtLC- A6E
Name of Agency.
Position held in Agency. 0.0-1N1C t—totA A t1/4-1
PART C
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 112.3143 (19751]
If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to
your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest
below.
1. Description of the matter upon which you voted in your official capacity
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2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or
the special private gain of any principal by whom you are retained.
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3. Person or principal to whom the special gain described above will inure:
a. ( ) Yourself b. (✓)Principal by whom you are retained•
PART D
1/Ovv... CA%
4
(NAME)
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be
filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
SIGNATURE OF PERSON DISCLOSING
d >�- /f J,'
DATE SIGNED
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE
OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 4- EFF. 1/1/77
FORM 4A, DISCLOSURE OF BUSINESS TRANSACTION,
RELATIONSHIP, OR INTEREST
PART A
Name: Telephone'
(LAST) (FIRST) (MIDDLE) (A/C) (NUMBER
Address*
(STREET) (CITY) (ZIP CODE) (COUNTY)
PART B
Filing as a: ( ) Public Officer; ( ) Public Employee; ( ) Advisory Board Member
Agency is a unit of [check one]: ( ) State of Florida; ( ) County, City or other Political Subdivision
Name of Agency:
Position held in agency:
Date on which term of office or employment began.
PART C DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER
[Required by §112.313(12), Florida Statutes (1977) l
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7), Florida Statutes, prohibit certain business relationships on the part of public officers and employees, including persons serving on
advisory boards. See Part III, Chapter 112, Florida Statutes and/or the brochure entitled "A Guide to the Sunshine Amendment and Code of Ethics for Public Officers,
Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1977) permits the appointing official or body to
waive these requirements in a particular instance provided: (a) waiver by the appointing body must be upon a two-thirds affirmative vote of that body; or (b) waiver by
the appointing person may be effected after a public hearing; and (c) in either case the advisory board member must fully disclose the transaction or relationship which
would otherwise be prohibited by Subsections (3) or (7) of Section 112.313, Florida Statutes. This Part of Form 4A has been prescribed by the Commission on Ethics for
such disclosure, if and when applicable to an advisory board member.
Please complete the following only if required to do so in light of the above:
1. The partnership, directorship, proprietorship, ownership of a material interest, position of officer, employment, or contractual relationship which would otherwise
violate Subsection (3) or (7) of Section 112.313, Florida Statutes is held by: ( ) The reporting person; Pursuant to Section 112.313(3), Florida Statutes:
( ) Spouse of reporting person whose name is or ( ) Child of the reporting person whose name is
2. The particular transaction for which this waiver is to be granted involves:
a. Supplying the following realty, goods and/or services.
b. The following business entity will supply these commodities:
c. The relationship of the undersigned advisory board member or spouse or child of such advisory board member to the person or business entity transacting this
business is [check applicable spaces]: •
( ) Officer; ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proptietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or
capital stock in such business entity; ( ) Public Officer or employee holding•a contractual relationship with such business entity; ( ) Other, please describe:
PART D DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY
[Required by §112.313(12}(e), Florida Statutes .(1977) ]
WHO MUST COMPLETE THIS PART
Sections 112.313(3) and 112.313(7), Florida Statutes prohibit certain business relationships on the part of public officers and employees. See Part III, Chapter 112,
Florida Statutes and/or the brochure entitled "A Guide to. the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details
on these prohibitions. However, Section 112.313(12)(e), Florida Statutes (1977) provides an exemption from the above-mentioned restrictions in the event that the
business entity involved is the only source, of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest in the
business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for
such disclosure. if and when applicable.
Please complete the following only if required to do so in light of the above:
1. The goods or services being supplied by a business entity with which the undersigned public officer or employee or spouse or child of such officer or employee is
involved include(s)
2. The business entity which is the only source of supply of the above goods or services within the political subdivision is:
(NAME OF ENTITY) (ADDRESS)
3 The interest of the undersigned public officer or employee or spouse or child of such officer or employee in the business entity named in Item 2 above is [check
applicable spaces]:
( ) Officer; ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or
capital stock in such business entity; ( ) Public Officer or Employee holding a contractual relationship with such business entity; ( ) Other, please describe:
PARTE SIGNATURE
SIGNATURE OF PUBLIC OFFICER OR EMPLOYEE DATE SIGNED
PART F FILING INSTRUCTIONS
Part C of this Form must be filed, if applicable, with the appointing body or person waiving the restrictions of Section 112.313(3) or (7), Florida Statutes prior to such
waiver. Part D must be filed, if applicable, with the governing body of the political subdivision in which the reporting person is serving. It is suggested that this
disclosure be made prior to the subject transaction.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317(1977), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORT 40' -..EFF. 2/25/79