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12-15-1981 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL December 15, 1981 A regular meeting of the Miami Shores Village Council was held on December 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 (arrived late) 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 Mr. James Stuart, followed by the Pledge of Allegiance. Recognition of service to 0. Sam Ackley, resigning Village Manager, was deferred until Councilman McIntosh arrived. MINUTES - 11/17/81 and 12/1/81 Mrs. Jensen requested that the minutes of 11/17/81 reflect her dissenting vote on the first reading of the ordinance changing the north 150 ft. of Tract A to B-1 zoning (Page 3.) The minutes of both meetings were then approved as amended by motion made by Mr. Spahn, seconded by Mrs. Jensen and carried unanimously. BID RECOMMENDATIONS: (a) Hot water heater & steam cleaner - One bid was received as follows: With trade-in JIM PROSSER ENTERPRISES, INC. Net Price & Sandblaster Miami, Fla. 33166 $3075.00 $2744.00 The Village Manager recommended acceptance of this bid and the bid of Prosser Enterprises was approved by motion made by Mrs. Jensen, seconded by Mr. Spahn and passed unanimously. 12/15/81 -2- BID RECOMMENDATIONS: (b) 20 yd. Garbage Packer & Chassis - Mr. Ackley reported that he had originally recommended the next low bid for a Ford cab and chassis with a Leach Packer body. He subsequently discovered that one of the bid tabulations was in error and one of the bids did not meet specifications, with a final recommendation that these bids be thrown out and the item be rebid,as time was no problem. Mr. Earl Yeadicker, submitting the Ford bid with the Heil packer, argued that he had the lowest qualified bid and that standardization of equipment shuts out bidding. Mr. Tom Benton wanted the Ford with a Leach Packer to standardize with two other identical units he has had since May of 1980 with excellent results. Mr. Spahn reiterated his motion that these bids be thrown out and rebid, as recommended by the Manager. The motion was seconded by Mrs. Jensen and carried unanimously. REQUEST FOR STREET LIGHT. A request was made for a street light by the residents on N. E. 91st Street between Miami Avenue and N. E. 1st Avenue. Following a survey of the area,the Police Department recommended this light. The light was approved as requested by motion made by Mrs. Jensen, seconded by Mr. Spahn and passed unanimously. Mr. J. C. Brown, 50 N. E. 91st St., one of the petitioners requested that the overhead line be placed between 40 N. E. 91st St. and 50 N. E. 91st St. RESOLUTION APPROVING A ONE CENT STATEWIDE INCREASE IN SALES TAX. A proposed resolution was received from the Florida League of Cities urging support for a one cent Statewide increase in sales tax. Mrs. Jensen moved the adoption of the resolution after approval by the Village Attorney. 12/15/81 -3- The motion was seconded by Mr. Spahn and passed unanimously, said resolution being entitled: RESOLUTION NO. 721-81 A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE APPROVING THE EFFORTS OF THE FLORIDA LEAGUE OF CITIES TO SECURE PROPERTY TAX RELIEF FOR THE PEOPLE OF FLORIDA AND AN ALTERNATE, GROWING SOURCE OF REVENUE FOR LOCAL GOVERNMENTS THROUGH A 14 STATE- WIDE INCREASE IN THE SALES TAX AND URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION EMBODYING THE PROPERTY TAX RELIEF AND LOCAL GOVERNMENT ASSIST- ANCE PROGRAM OF THE FLORIDA LEAGUE OF CITIES. RESOLUTION FROM MIAMI BEACH RE FLORIDA POWER & LIGHT FRANCHISE. A resolution was received from the City of Miami Beach which requests Metropolitan Dade County Commission to either rescind its franchise with Florida Power & Light Co., or waive the provisions of that franchise for a minimum of two years for any municipality within Dade County which is negotiating a new franchise agreement. The Village Manager recommended that a similar resolution be prepared for Miami Shores. Mrs. Jensen moved that the City Attorney prepare a resolution. The motion was seconded by Mr. Spahn and passed unanimously. PLANNING BOARD MINUTES - 12/10/81 No action required by Council. STREET LIGHT COSTS ON COUNTY STREETS. (Mr. McIntosh arrived.) The Village Manager reported that Dade County had agreed to assume street light costs on County arterial streets as of July 5, 1979. However, they did not start paying for this street lighting until September 1, 1981, and now the County maintains they cannot pick up the costs prior to September, 1981. The cost involved is $4,106.00. Mr. Spahn offered to contact Merritt Stierheim in this regard. Mrs. Jensen moved that Mr. Spahn as a committee of one see Mr. Stierheim. The motion was seconded by Mr. Spahn and carried. Mr. McIntosh did not vote. 12/15/81 -4- RECOGNITION OF SERVICE OF 0. SAM ACKLEY, resigning Village Manager. Mayor Lodge,on behalf of the Village Council, commended 0. Sam Ackley for the outstanding job he has done for Miami Shores and presented Mr. Ackley with a plaque in recognition of his four years of professional management. APPOINTMENT TO THE CODE ENFORCEMENT BOARD. The following citizens were interviewed: Martha Sue Fox 1060 N. E. 105th Street Thomas McDermott 948 N. E. 92nd Street Following a ballot vote Mr. McIntosh moved that Mrs. Fox be named to the Code Enforcement Board. The motion was seconded by Mrs. Jensen and passed unanimously. PLANNING BOARD MINUTES - Public Hearing of 11/19/81. Application of Barry College for permit to sell beer & wine: At the conclusion of the Public Hearing the Planning Board moved that Section 501 of the Zoning Ordinance be amended to include the S-1 District (college property), permitting the sale of alcoholic beverages for consumption on the premises, with the intention that it apply only to the improved college property. Mayor Lodge outlined the procedure to be followed at this hearing: 1. The Council will be presented with the request. 2. The Planning Board will state their recommendation to Council. 3. The Council will question Barry, the Village Attorney and any other pertinent parties. 4. Public for Barry request will be heard. 5. The public against the Barry request will be heard. 6. Once all sides have been heard the Chair will entertain a motion, followed by a second. 7. Further discussion will be followed by a roll call vote. Mrs. Jensen stated that she had signed a Conflict of Interest form (living in the area involved) and suggested that if any other member of the 12/15/81 -5- Council has a conflict they should do the same. Mr. Tim Czerniec, Vice -President for Business Affairs at Barry College, outlined their request for this use/permit to provide a social outlet for students. The proposed rathskellar would be located within Thompson Hall. Mr. Robert Stobs, Chairman of the Planning & Zoning Board, read the motion made by the Board and the prohibited uses now existing in the Zoning Ordinance. Mrs. Jensen asked why the license was not put in the County across the street. Mr. Czerniec stated that that was a residence hall and it might create problems. Concerning disturbances on the college grounds Mrs. Jensen stated that she has never seen a squad car on the grounds. Mrs. Jensen further reported that the Beverage_Dept. would not issue a permit for drinking if there is a church within 2500 ft'. of the bar. Mr. McIntosh asked about the proposed area of 2200 sq. ft. with a capacity of 100, if this could be legally defined and if the license could be issued to Barry College, Inc. Mr. Spahn stated he felt it was a controlled situation, that the only issue was opening the zoning,creating a problem to controVhr(iquor license requests within Miami Shores. Attorney Fann stated that the area should be defined and the Council should consider if they want to change that specific area by rezoning. The Council can regulate the hours as it presently does but they cannot regulate in-house operation. Mr. McIntosh proposed that some kind of motion bemade to give the Village Attorney guidance to draft something to allow this request. He suggested that the beer and wine consumption on the premises request be given consider- ation with the following restrictions: 12/15/81 -6- (1) That this use should be granted to a specific area; (2) that a specific area be designated for the location of the rathskeller by a legal description so that it can only be operated within the 2200 sq. ft. on the entire campus; (3) tie the hours of operation into it and if they need adjustment they would have to come back and apply for it; (4) also suggest that this be done on an annual renewable basis until Barry and the Village can see how it works, so if there are any real problems they can be aired and maybe after a certain period of time it would become automatic. (5) for beer and wine only. Village Attorney Fann advised that under Chapter 166 of the Fla. Statutes, this type of ordinance would require 30 day advertising. Those speaking in favor of Barry's request: Mr. Edward P. Swan, 1099 N. E. 99th St., spoke as a citizen of Miami Shores and a friend of Barry. Mr. Charles Cassini, 9301 N. E. 4th Ave., a professor at Barry, spoke for the College. Those speaking against Barry's request: Mr. Oswaldo Mena, 124 N. E. 111th St., was strongly opposed to it, claiming there is no control over the students now. Dr. Thad Doggett, 10728 N. W. 2nd Ave., presented a petition signed by over 300 Village residents, opposing sale of alcoholic beverages on Barry College property. Mr. Charles Leonard, 48 N. E. 111th St., wanted a statement from the Police Dept., that they will honor calls concerning disturbances on the campus. Dr. Koreck, 13 N. E. 108th St., stated there is no room for this on campus, that there are 600 residents against it. Mildred Sayers, 150 N. E. 106th St., stated that the students need discipline. Mr. Martin Leahy, 88 N. W. 111th St., stated that the Property Owners are oppossed to this. Mr. Leahy referred to the zoning ordinance which was passed to preserve a certain quality of life in the community which we are 12/15/81 -7- trying to preserve here and petitioned the Council not to undermine our zoning; in conclusion, asked if spot zoning is legal? Mr. Ron VonWedel, 1665 N. E. 106th St., felt this would open a Pandora's box as to justification for this request but not others; he thought they were making a big mistake and that Barry would be wise to withdraw their application. Mr. Nick Dallis, President of the Miami Shores Property Owners, stated he has nothing against social drinking or Barry College, but thought it incredible that the Council could consider changing our ordinance on a special interest basis and we are leaving ourselves open to law suits; that there would be 2000 students coming and going to drink. Andres Amoedo, 112 N. E. 111th St., voiced opposition. Ms. Virginia Russo, 168 N. W. 111th St., discussed their use of street right-of-way. Ms. Mary Paulfus, 11040 N. W. 2nd Ave., was against any rezoning. At the conclusion of the discussion Mr. McIntosh asked the Village Attorney if there is any legal impropriety in considering this. Mr. Fann advised that it can be done legally. Mr. Spahn moved that the application be denied. The motion was seconded by Mrs. Jensen and it was discussed. Mrs. Jensen then asked that the question be called. This was seconded by Mr. Spahn and passed unanimously. A roll call vote was taken on the motion with the following result: Mr. McIntosh No Mr. Spahn Yes Mrs. Jensen Yes Mayor Lodge No The motion failed on a tie vote. 12/15/81 -8- Mr. McIntosh then moved thathe item not be tabled but continued at the next regular Council meeting of January 5th in the hopes that we will have a five member Council plus some legal specifics by Mr. Fann at that time. Mayor Lodge passed the gavel to Mr. Spahn and seconded the motion. A roll call vote was taken with the following results: Mr. McIntosh Yes Mr. Spahn No Mrs. Jensen No Mayor Lodge Yes The motion failed on a tie vote. RAISING OF FOOD COSTS FROM 40% to 45%. Mr. Ackley reported that food costs are running above the 40% figure provided for in the budget. The Club Manager asked that the Council allow raising food costs to 45% while maintaining the qualify of food and not raise prices at this time. The Advisory Committee had approved this proposal. Budget adjustments will have to be made which should be handled at the second meeting in January. After discussion of 44 or 45%, Mr. Spahn moved that the Council go along with the Advisory Committee recommendation for a 45% food cost for one month. The motion was seconded by Mrs. Jensen and passed 3/1 with Mr. McIntosh dissenting. CLOSING OF N.E. 98th St. FOR ONE DAY. The 50th Anniversary Committee, in their plans for a Family Day at the Recreation Center, have requested that N. E. 98th St. from Park Dr. to N. E. 6th Ave. be closed for one day on Jaunary 2, 1982. Mr. Ackley stated that the residents will be notified, and the time will be from 9 a.m. to 5 p.m. Mrs. Jensen moved that the street be closed for that period of time and that the residents be notified. The motion was seconded by Mr. Spahn and passed unanimously. WAIVING INSURANCE REQUIREMENTS FOR CHILDREN AT CENTER ON 1/2/82 The 50th Anniversary Committee requested that Council waive the 12/15/81 -9- insurance requirements for children participating in organized play at the Community Center for one day, January 2, 1982, in order to allow all children in the Village to participate in planned sports activities at the Field House, without their own medical pay policy. Mr. McIntosh moved that the insurance requirement be waived subject to the Village securing a rider to cover the exposure. The motion was seconded by Mr. Spahn and passed unanimously. APPOINTMENT OF ACTING VILLAGE MANAGER. Mr. Spahn moved that John Fletcher be appointed as Acting Manager and that he appoint an Acting Police Chief. The motion was seconded by Mrs. Jensen and passed unanimously. BANK RESOLUTIONS. Mr. Spahn moved that the appropriate bank resolutions covering the Acting Manager's signature be approved. The motion was seconded by Mr. McIntosh and passed unanimously, said resolutions being: RESOLUTION NO. 723-81 -- First State Bank RESOLUTION NO. 724-81 -- Amerifirst Federal Savings & Loan RESOLUTION NO. 725-81 -- Chase Federal Savings & Loan RESOLUTION NO. 726-81 -- Peoples 1st Natl. Bank of Miami Shores REPORT FROM LIBRARY BOARD REGARDING LIBRARY ADDITION. A letter was received from James Stuart, President of the Library Board of Trustees, concerning a proposed expenditure of $10,000.00 for con- struction of an addition to the library building to display, house and file historical data on Miami Shores Village. Mr. Stuart reported that the Board felt that $10,000 would be inadequate for a building addition and that it would be more appropriate to use the money for display cases, storage files, etc., at this time. Mr. Spahn moved that the Council accept the Library Board's recommendation and invite them to return to Council for the display equipment, 12/15/81 -10- working with the Historical Committee. The motion was seconded by Mrs. Jensen and passed unanimously. AUTHORIZATION FOR POLICE CHIEF TO DEVELOP POLICE DEPT. RENOVATION. Mr. Ackley reported on the present status of the Village Hall renovation plans with the recommendation made at the last work shop that the Chief be given a budget figure of $200,000.00 within which to develop the reconstructed Police Department. Further, Mr. Ackley asked the Council to take action on this proposal. Mrs. Jensen moved that the proposal as presented by the Village Manager be approved. The motion was seconded by Mr. McIntosh and it was further stipulated that a plan be completed by March, following which the motion was passed unanimously. VILLAGE MANAGER'S REPORT. (a) Investment report - Mr. McIntosh stated he would discuss this report with the Finance Director. (b) Report from Storer Cable Communications - Currently 1414 customers in Miami Shores with only a small area that is not active which will be turned on and sold before the end of the year. (c) Country Club membership report. (d) Community Center roof - Mr. Ackley reported that he had received a letter from the Moran contractors disclaiming responsibility for the areas that are leaking, and that our Building Dept. is checking into this. (e) New boiler system at the Country Club - presented pictures of its installation. Potter street light installation - pending. Police car report - pending. (f) (g) ANNOUNCEMENTS: (a) Sat., Jan. 2, 1982 - 50th Anniversary, Family Day at the Community Center. (b) 50th Anniversary banquet - January 23, 1982. (c) New Year's Eve at the Club & Valentine's Day Feb. 12th with Sammy Kaye orchestra. 12/15/81 -11- COUNCIL COMMENTS: The Council wished everyone Happy Holidays. Mayor Lodge reported that one of the applicants for the position of Village Manager will be here from Michigan on Friday if the Council wishes to interview him. After some discussion Mr. McIntosh moved that the Council defer screening until after January 4th. The motion was seconded by Mrs. Jensen but failed to carry with Mr. Spahn and Mayor Lodge dissenting. Mr. McIntosh then moved that this applicant be brought here and interviewed after one p.m. on Friday. The motion was seconded by Mr. Spahn and carried. A workshop will be called for 2:00 p.m. Friday, Dec. 18th, and all Council members will be notified. Mayor Lodge pointed out an incorrect statement that appeared in an article in the NEIGHBORS last Sunday. PUBLIC COMMENT. Mr. Richard Gonzalez, 490 N. E. 94th Street, presented a letter to the Council and appeared at this meeting to complain about the way the trees are being cut on 5th Avenue. Mr. Ackley stated that they are being cut properly as evidenced by a letter from the Fla. Cooperative Extension Service of the University of Fla. Mrs. Jensen stated that she would like to see a resolution passed to protect the native oak trees in this community and didn't think any resident should be allowed to cut the parkway trees. No conclusions were made. The meeting adjourned at 11:15 p.m. Village Clerk APPROVED: Mayor