06-15-1982 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
June 15, 1982
The regular meeting of the Miami Shores Village Council was held on
June 15, 1982, 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
Also present: L. R. Forney, Jr., Village Manager
William F. Fann, Jr., Village Attorney
The meeting was opened with an invocation given by Father John
McLaughlin of St. Martha's Catholic Church, followed by the Pledge of Allegiance.
PRESENTATIONS:
(a) A plaque was presented by Mayor Lodge to Mrs. Pan Miller,
retiring member of the Brockway Library Board, in
recognition of her 12 years' service on the Board.
(b) A plaque for Bruno Sozio, deferred until he can be present.
MINUTES:
(a) Regular Council meeting of June 1, 1982. Upon motion made
by Mrs. Jensen and seconded by Mr. McIntosh, the minutes
of the meeting of June 1, 1982 were approved as written.
(b) Council workshop of June 1, 1982, approved by motion made by
Mrs. Jensen, seconded by Mr. McIntosh and carried. On
inquiry Mr. McIntosh was assured that a racquet ball court
would be included in the Capital Improvement Program.
(c) Planning & Zoning Board meeting of May 27, 1982.
(d) Code Enforcement Board meeting of June 3, 1982.
(e) Planning & Zoning Board meeting of June 10, 1982.
Mayor Lodge acknowedged receipt of minutes listed in
(c), (d), and (e).
PLANNING BOARD RECOMMENDATIONS OR DENIALS:
. Meeting of June 10, 1982, Item 3. - Elinor Kemmerer, 89 N. E. 105th St.
The Board denied approval of an aluminum porch roof. Mrs. Kemmerer
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filed a request for appeal before the Council. The aluminum roof
was proposed to roof over an existing patio/porch and would be
attached to the house, which type of roof is prohibited by the
Zoning Ordinance as to roofing material.
After discussion with the interested parties, Mr. McIntosh moved
to table action until he can look into it further. The motion
was seconded by Mrs. Jensen and carried 3/1 with Mr. Spahn dissenting.
PLANNING BOARD contd., Item 10. - Barry Asmus, 515 N. E. 101 St.
The Board approved a setback variance for a pool at 515 N. E. 101 St.,
to allow 11 ft. from the east property line instead of 12'6", and
a setback variance on the screen enclosure which will have a side
setback of 7 ft. instead of the required 10 ft., based on hardship
as listed in Section 702 of the Zoning Ordinance.
After discussion Mr. McIntosh moved that a variance be granted of
one foot, 6 inches to the pool water line from the east property
line and a 3 ft. variance from the same east property line to the
deck and screen enclosure, based on a legal hardship as cited in
the Planning Board minutes. The motion was seconded by Mr. Spahn
and carried unanimously.
ANNUAL REPORT OF LIBRARY BOARD.
It was announced that Mr. James Stuart, President of the Board of
Trustees, could not be present to review the report with Council. Mr.
McIntosh moved that the report be accepted as written and that the Library
Board be commended on their good work. The motion was seconded by Mr. Sphan
and passed unanimously.
LIBRARY BOARD APPOINTMENT.
The Library Board of Trustees recommended the appointment of:
Mrs. Anne M. Paulk
9906 N. E. 4th Ave. Rd.
for the regular five-year term. Upon motion made by Mrs. Jensen,
and seconded by Mr. Spahn, this appointment was unanimously
approved.
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ORDINANCES:
(a) HISTORICAL PRESERVATION - second and final reading by title
only.
Mrs. Jensen moved adoption of the ordinance which was seconded
by Mr. Spahn.
A letter from Mrs. Marty Stofik, 35 N. E. 91st St., had been
received by Council in which she argued against allowing
owner's consent (to designate property as an historical
landmark). Receipt of this letter was acknowledged by Council.
Mr. Seth Branson, 330 N. E. 96th St., was present in support
of the ordinance except for Section 4. calling for length of
residency in the Village to serve on the Historical Preserva-
tion Board, and asked that this be deleted as it is biased
and prejudical.
Mr. McIntosh reconsidered residency requirement of 5 years,
and moved that Section 4. B be amended to read .... "Each
member of the Board must be a resident of Miami Shores Village
during his term of appointment." The amendment was seconded
by Mr. Spahn and passed unanimously.
Mrs. Jensen amended her motion to approve the ordinance as
amended. The motion was seconded by Mr. Spahn and the
ordinance was unanimously passed and adopted, same being
entitled:
ORDINANCE NO. 439-82
AN ORDINANCE PROVIDING GUIDANCE STANDARDS AND
REVIEW PROCEDURES FOR THE PRESERVATION OF
SIGNIFICANT BUILDINGS, STRUCTURES, SITES AND
ARTIFACTS WITHIN MIAMI SHORES VILLAGE, FLORIDA,
ESTABLISHING AN HISTORIC PRESERVATION BOARD,
PROVIDING AN APPROVAL SYSTEM FOR ALTERING OR
DEMOLISHING HISTORIC LANDMARKS, SETTING UP AN
APPEAL PROCEDURE, PROVIDING SEVERABILITY AND
AN EFFECTIVE DATE.
(b) BURGLAR ALARMS - second and final reading by title only.
Mr. Forney recommended three amendments to the ordinance,
with concurrence of the Chief of Police and the Village
Attorney. The first two amendments had to do with
violation penalties , making them correspond to penalties
established for similar ordinances of the Village and the
third amendment gave consideration to "owner installation"
systems.
Mr. Spahn moved adoption of the amendments proposed in
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Mr. Forney's Report to Council. The motion was seconded by
Mrs. Jensen and carried unanimously. The ordinance as amended
was then passed and adopted unanimously upon motion made by
Mr. Spahn and seconded by Mrs. Jensen; said ordinance is
entitled:
ORDINANCE NO. 440-82
AN ORDINANCE ESTABLISHING REGULATIONS FOR THE
USE OF BURGLARY AND ROBBERY ALARM SYSTEMS; PRO-
VIDING DEFINITION; ESTABLISHING ALARM SYSTEM
REQUIREMENTS; ESTABLISHING POLICE DEPARTMENT
RESPONSE GUIDELINES; PROVIDING FOR APPEALS;
ESTABLISHING FEE ASSESSMENTS; PROHIBITING
AUTOMATIC TELEPHONE DIALING ALARM SYSTEMS;
AND PROVIDING PENALTY FOR ILLEGAL INSTALLATION
THEREOF; REVOKING SECTIONS 14-19.1 AND 14-44
OF THE CODE OF ORDINANCES, MIAMI SHORES VILLAGE;
REQUIRING INSTALLATION AND MAINTENANCE OF SOME
ALARM SYSTEMS BY AN ALARM BUSINESS; PROVIDING
EFFECTIVE DATE.
(c) PARKING OF PICK-UP TRUCKS, VANS IN RESIDENTIAL DISTRICTS -
first reading. This ordinance requires parking of the
permitted vehicles in the rear only.
Questions were asked as to situations with a corner lot
or where there is no entry to the rear yard. Planning Board
member Kevin O'Connor, stated these could be handled by
variance.
The following residents, owners of truck or vans, spoke in
opposition to the ordinance:
Charles Mickens
69 N. E. 102nd St.
John Filer
439 N. E. 92nd St.
Mike Connelly
369 N. E. 97th St.
Mrs. Jensen moved adoption on first reading of the ordinance
on parking of commercial vehicles. The motion was seconded
by Mr. Spahn and carried as follows:
Mrs. Jensen Yes
Mr. McIntosh No
Mr. Spahn Yes
Mayor Lodge Yes
Final reading of this ordinance will be on July 6th.
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NON-RESIDENT PARTICIPATION IN ORGANIZED SPORTS AT RECREATION CENTER.
In a report to Council the Village Manager recommended accepting
non-resident participation in organized sports under certain
specific conditions and with the payment of a fee.
Mr. Forney assured the Council that all addresses are verified and
that residents will be first choice on teams. It was also stipu-
lated by Council that the non-residents should never exceed the
number of residents on a team.
Mr. Spahn moved that the policy be approved as outlined by the
Village Manager. The motion was seconded by Mr. McIntosh and passed
unanimously.
PURCHASE OF COLLATOR FOR I.B.M. COPIER.
Mr. Forney recommended the purchase of a collator for the Village
office IBM copier, to save time and manpower in assembling large
document copies. The cost of the collator is $2,086.00, to be paid
out of CIF, if it is delivered prior to the new budget year.
Mr. McIntosh moved approval to purchase the collator as recommended
by the Village Manager. The motion was seconded by Mr. Spahn and
passed unanimously.
DADE LEAGUE OF CITIES BANQUET - June 26, 1982, at Doral Country Club.
The Clerk is to be notified of those who will attend.
VILLAGE MANAGER'S REPORT.
(a) Presentation of proposed budget for 1982-83. Copies of
the budget were given to Council.
Workshops were scheduled as follows:
Tuesday, July 13 - 7:30 p.m. Village budget
Wed. July 14 n
Tues. July 20
Wed. July 21 "
Tues. July 27 Country Club
Wed. July 28 "
(b) Country Club membership report - 5/31/82
(c) Submitted a report on Sales Tax revenue anticipated.
ANNOUNCEMENTS:
(a) June 19, Hal Petrey Appreciation Night - Country Club.
APPROV
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ANNOUNCEMENTS contd.
(b) June 25 - Cabaret Night at Country Club, dinner & show.
(c) July 4th at Club - cookout noon to 3, games at pool,
barbecue dinner 4:30 - 8:30, band, spectacular FIREWORKS.
COUNCIL COMMENTS.
Mrs. Jensen reported on Dade League of Cities activities.
PUBLIC COMMENTS.
None.
ADJOURNMENT - 9:10 p.m.
Robert J. Lo;-"ge, May
Village Clerk