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10-20-1981 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL October 20, 1981 A regular meeting of the Miami Shores Village Council was held on October 20, 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 Elspeth Jensen Absent: Henry A. Everett 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 John McLaughlin of St. Martha's Catholic Church, followed by the Pledge of Allegiance. Minutes of the regular meeting of October 6, 1981, and a special meeting of September 29, 1981, were approved as written by motion made by Mr. Spahn, seconded by Mrs. Jensen and carried. PLANNING BOARD MINUTES - 10/8/81 - no action required. RESOLUTION ON TRAIN WHISTLES. Mr. Ackley reported on the action taken to date on the Train Whistle Ordinance and the delays taking place in processing the crossings by the Train Whistle Committee. A resolution was read urging more response be given by the Seaboard Coast Line Railroad, and the State and County Departments of Transporta- tion, and that the County Commission assign a high priority as regards the Dept. of Environmental Resources Management budget. Upon motion made by Mr. McIntosh and seconded by Mr. Spahn, this resolution was unanimously passed and adopted, same being entitled: RESOLUTION NO. 720-81 A RESOLUTION URGING HIGHER PRIORITY ON REVIEW OF TRAIN CROSSINGS WITHIN MIAMI SHORES VILLAGE. -2- 10/20/81 ORDINANCES - final reading: (a) Trellises - following a second reading by title Mr. McIntosh moved that it be adopted. The motion was seconded by Mrs. Jensen and passed unanimously, same being entitled: ORDINANCE NO. 433-81 AN ORDINANCE AMENDING SECTION 225 AS AMENDED BY ORDINANCE NO. 403-79, AND SECTION 516, AS AMENDED BY ORDINANCE 409-79, OF ORDINANCE NO. 270, THE ZONING ORDINANCE OF MIAMI SHORES VILLAGE, TO ESTABLISH NEW REGULATIONS FOR TRELLISES, ARBORS AND PERGOLAS. (b) Planning Board/Council voting - Following second reading by title of an ordinance requiring three affirmative votes to approve action of the Planning Board and reducing the number of Council votes to overrule the Planning Board, Mr. McIntosh moved that the ordinance be adopted. The motion was seconded by Mr. Spahn and carried 3/1 with Mrs. Jensen dissenting. The ordinance is entitled: ORDINANCE NO. 434-81 AN ORDINANCE AMENDING SECTIONS 18-3, 18-10, 18-11, 18-12, 18-15 and 18-16 OF CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; REQUIRING THREE AFFIRMATIVE VOTES TO APPROVE ACTION OF PLANNING BOARD; REDUCING THE NUMBER OF COUNCIL VOTES REQUIRED TO REVISE, MODIFY, OR OVERRULE PLANNING BOARD FROM FOUR-FIFTHS TO A 70% AFFIRMATIVE VOTE; PROVIDING EFFECTIVE DATE. PARKING ORDINANCE - Mayor Lodge reported that the parking ordinance is set for final reading at the first meeting in December. Mr. McIntosh stated there are questions that have not been satisfied as to the grandfather clause and asked the Village Attorney to discuss the wording of the clause he (Mr. McIntosh) had proposed. Mr. Fann stated he was not prepared to discuss this as it was not an agendaed item. Mr. McIntosh moved to have the subject discussion submitted to Council for action to amend the ordinance as typewritten, for discussion at the next regular Council meeting. The motion was seconded by Mr. Spahn and carried unanimously. 10/20/81 -3- LETTER REQUESTING FUNDS FOR 50th ANNIVERSARY ACTIVITIES. A letter was received from Walter Chinn concerning activities his committee is proposing to celebrate the 50th Anniversary of the Village. Mr. Chinn was present to discuss these plans which included a "Family Day" on January 2, 1982, tennis and golf tournaments, a swim meet and a joint banquet with the Chamber of Commerce on January 23, 1982. A request was made for $7500.00 to fund these activities. Mr. Spahn moved that a line item be created from the Contingency Fund setting up $16,500 to include printing of a book, Historical Committee expense and $7500.00 as an outside figure to be used for social activities subject to a budget pre -submitted to the Village Manager and then to Council. The motion was seconded by Mr. McIntosh and passed unanimously. APPROVAL OF SPECIAL FUNDS. (a) Historical Committee - included in above action. (b) Crime Watch - Mr. McIntosh moved that $7500.00 be put under a separate line item for Crime Watch. The motion was seconded by Mr. Spahn and passed unanimously. LETTER FROM OPTIMIST CLUB RE SALE OF XMAS TREES. Approval was recommended by Mr. Ackley with the clean-up bond being reduced from $1000 to $500. Mr. Spahn moved approval of this request contingent upon posting of a $500 cash bond. The motion was seconded by Mr. McIntosh and carried unanimously. BUDGET TRANSFER - Court Reporter. Mr. Ackley reported that it is necessary to provide a court reporter for the Code Enforcement Board for cases involving litigation. This budget transfer was approved by motion made by Mr. McIntosh, seconded by Mr. Spahn and carried unanimously. Mr. McIntosh asked for an accounting of the contingency fund balance. 10/20/81 -4- Mayor Lodge brought up a memorandum written by the Village Manager concerning the use of private vehicles or commandeered vehicles in the line of duty, and felt this was a policy matter for Council. Mr. Spahn moved as a policy we will follow the Village Manager's recommendation as stated in his memorandum of 10/15/81, No. 895, and on an interim basis cover the vehicles on an aministrative basis. The motion was seconded by Mr. McIntosh and passed unanimously. VILLAGE MANAGER'S REPORT: (a) Purchasing study by MICA - Mr. Ackley reviewed the summary of this study (Page i), pointing out the recommendations that have already been implemented. He estimated a savings of $15,000 in following the entire procedure. (b) Food & beverage sales report. Mr. Spahn asked for a food cost percentage report. (c) Progress report on Country Club banquet hall - rejected both plans and asked them to come in under budget. Mayor Lodge estimated that it would take about $2500.00 to complete the entire package. Mr. Spahn wanted the project to remain within the budgeted figure of $22,000.00, and he also asked that the Advisory Committee review it when they are on October 29th. This was agreed to by Mrs. Jensen, Mr. Spahn and Mr. McIntosh. Mayor Lodge stated that the Chair opposed this course of action. (d) Letter re Housing & Community Development - Village Manager recommended no action. (e) Capital Improvement Plan - requested that Council set a work shop. Council requested copies of the list of improvements prior to setting date for work shop. ANNOUNCEMENTS: Congressman Lehman's community brunch, Miami Shores Country Club, 10/24/81. Halloween party - Country Club 10/30/81. COUNCIL COMMENTS: Mrs. Jensen asked about the drainage on 104th St. Tom Benton reported that he is aware of this problem, and recently cleaned out the drains. 10/20/81 -5- PUBLIC COMMENT: Fran Farina reported that she will attend the Train Whistle Committee meeting on October 28th and report back to Council. Terry Cuson announced the next meeting of the Property Owners Association to be held on November 2, 1981, at the Community Center, and that they are collecting petitions against the bridge over the canal on 107th Street. Nick Dallis, on behalf of the Property Owners Association, also petitioned the Mayor, Council and Village Manager to see what can be done about posting alley signs to limit use to residents and authorized people. The meeting adjourned at 9:00 p.m. APPROVED: Rober . Lodge Mayor Village Clerk