07-06-1982 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
July 6, 1982
The regular meeting of the Miami Shores Village Council was held on
July 6, 1982, 7:30 p.m., at the Village Hall, with the following Council
members present:
Mayor Robert J. Lodge
Herbert Spahn, Jr.
Elspeth Jensen
Absent: Donald W. McIntosh
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 Rev. Matthew
Kerestes of the Advent Lutheran Church. The untimely death of businessman
Bernie Jackson was acknowledged, and the pledge of allegiance followed
the expression of sympathy.
PRESENTATIONS:
(a) The plaque for the Manager of Publix Market will be taken
to him as he was not present.
MINUTES:
(a) Regular Council meeting of June 15, 1982. Upon motion made
by Mrs. Jensen and seconded by Mr. Spahn, the minutes of
the meeting of June 15, 1982, were approved as written.
(b) Planning Board meeting of June 24, 1982. It was noted that
the variance request passed by a 2/1 vote had to go back to
the Board for a proper vote. Mayor Lodge asked that a special
meeting be held by Council prior to the workshop of next
Tuesday, to expedite the variance request. No action was
taken on the special meeting.
Concerning the request of Pizza King, Mr. Spahn asked that
no board take action on any request of this restaurant
until the delinquent garbage fees are paid.
(c) Code Enforcement Board meeting of July 1, 1982.
Receipt acknowledged.
7/6/82
-2-
PLANNING BOARD RECOMMENDATIONS OR DENIALS:
(a) Appeal of Frank Rubio, 1107 N. E. 104 St., deferment requested
by petitioner.
(b) Appeal of Attila Bese, 440 N. E. 91st St., non -conforming roof.
A code violation had been cited on a non -conforming roof and
a fine levied against the property at 440 N. E. 91 St., prior
to Mr. Bese's ownership of the property. After appearing before
the Code Enforcement Board Mr. Bese went before the Planning
Board for a variance to keep the roof, which was denied. On a
rehearing before the CEB the fine was reconfirmed pending re-
roofing by Mr. Bese.
Mr. Bese was present to appeal the Planning Board's denial of
a variance to permit a fiberglass shingle roof. In the discussion
that followed Mr. Bese's attorney stated that he thought they
could work out the question of the roof but wanted to resolve
the fine in regard to any immediate foreclosure which he con-
tended could not be carried out until October, 1982. Mr. Spahn
suggested that the Village Attorney be directed to recheck the
statute to see at what point we are allowed to file foreclosure
proceedings, and that Mr. Bese go back to the CEB and get an
agreement from them that will satisfy him on relief of the fine.
Village Attorney Fann recommended that the Council refer this
(the question of fine) back to the CEB with its feelings.
Mr. Spahn moved that the request for a roof variance be denied.
The motion was seconded by Mrs. Jensen and passed unanimously.
ORDINANCES:
(a) Parking of trucks or vans in residential districts, final
reading.
This ordinance would permit the parking of trucks and vans in
the rear yard only.
A report on this subject was submitted by the Village Manager
in which he recommended that the ordinance not be passed.
Mr. Spahn argued that we will have no protection from the
unsightly vans and trucks.
Mrs. Jensen thought we should have a full Council for passage
of this ordinance and moved to defer action. The motion died
for lack of a second. Mrs. Jensen then moved for approval of the
ordinance which motion also died for lack of a second.
Mr. Clement Allen, Pres. of the Diamond Apartment Assoc. on
105th St., stated that vans are not the same as pick-up trucks;
vans can be licensed as a passenger type car. He also
pointed out that with town houses and condos vans can't be
parked in rear yards and that this would be unfair to owners
of vans in these buildings.
7/6/82
-3-
Mr. Spahn moved that the Council send this ordinance
back to the Planning & Zoning Board and ask them to
consider some of the Village Manager's suggestions as
to redefining non-commercial vehicles and that they
consider number of vehicles and appearance. The motion
was seconded by Mrs. Jensen and passed unanimously.
RESOLUTIONS:
(a) Renaming N. E. 2nd Avenue as Main Street.
A proposal was made by the Mayor's Task Force
to rename N. E. 2nd Avenue from 91st Street
to 115th Street as Main Street.
Following the reading of this resolution Mr.
Spahn moved that it be approved. The motion
was seconded by Mrs. Jensen who added that the
present addresses be left as is. The resolution
was then unanimously passed and adopted, same
being:
RESOLUTION NO. 735-82
A RESOLUTION NAMING A MAIN STREET IN
MIAMI SHORES VILLAGE
BID RECOMMENDATIONS:
(a) Irrigation system expansion at Recreation Center.
Sealed bids were opened and recorded on 6/29/82.
The Village Manager recommended acceptance of the
Department Head's recommendation for the low bid of
RESEARCH IRRIGATION in the amount of $2,750.00 to
expand the irrigation system of Block 107, a part
of the recreation fields.
Upon motion made by Mr. Spahn and seconded by Mrs.
Jensen, acceptance of the bid of Research Irrigation
was unanimously approved.
Mr. James Varney, the new Recreation Director, was intro-
duced to Council.
(b) Wood Chipper.
Sealed bids were opened and recorded on 6/29/82.
The Village Manager concurred in the recommendation
of the Department Head, Mr. Benton, for acceptance
of the second low bid of Asplundh Manufacturing
Division in the amount of $10,346.83, based on use
and maintenance experience with this type of equipment.
approval
Mrs. Jensen moved of this bid for a replacement chipper.
The motion was seconded by Mr. Spahn and passed unanimously.
7/6/82
- 4 -
NEW STREET LIGHT AGREEMENT.
A resolution was presented for the execution of a new
street light agreement with Florida Power & Light Company
to convert to high pressure sodium lighting. Upon motion
made by Mr. Spahn and seconded by Mrs. Jensen, the
resolution was unanimously passed and adopted, same being:
RESOLUTION NO. 736-82
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A CONVERSION STREET LIGHTING
AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY
TO CONVERT THE STREET LIGHTS IN MIAMI SHORES
VILLAGE TO HIGH PRESSURE SODIUM LIGHTING; AND
THE EXECUTION OF A GOVERNMENTAL STREET LIGHTING
AGREEMENT WHICH RELEASES AND BRINGS UP TO DATE
THE 1936 AGREEMENT.
AD FOR FLORIDA MUNICIPAL RECORD.
A proposal was submitted by the Florida League of Cities
for the purchase of an ad in the Convention Issue of the
Municipal Record. An 1/8 page ad had been purchased in
the past, present cost $62.00. Mr. Spahn moved this be
approved as in the past and suggested that this cost be
budgeted in the future. The motion was seconded by Mrs.
Jensen and passed unanimously.
VILLAGE MANAGER'S REPORT.
Mr. Forney stated that he is late in getting out the Country
Club budget but that it will be completed for distribution
within the next two weeks.
Also, that he was evaluating budget performance as of the
end of June.
ANNOUNCEMENTS.
(a) July 12, M. S. Property Owner's Association meeting,
7:30 p.m. at Community Center.
(b) July 12, Beautification Committee meeting, same
time, same place.
(c) July 13 and 14 - Budget workshops, 7:30 p.m. at Village
Hall.
Chief Fletcher was elected to the Board of Directorsof the
Florida Police Chiefs Association.
COUNCIL COMMENTS.
PUBLIC.
-5-
Mrs. Jensen, in reporting on Dade League business, stated
that Homestead was protesting the County's increased waste
fees and wanted support from other cities. Mr. Spahn
asked that we get all the facts on this before considering
Homestead's request.
Kevin O'Connor announced that Mr. Forney would speak at
the Property Owners meeting.
ADJOURNMENT - 9:00 p.m.
APPROVED:
Robert J. Lodge, yor
illage Clerk
7/6/82