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.
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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
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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
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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
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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