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08-17-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 17, 1982 The regular meeting of the Miami Shores Village Council was held on August 17, 1982, 7:40 p.m., at the Village Hall, following a Council workshop on Country Club dues for the coming year. The following Council members were present: Mayor Robert J. Lodge Herbert Spahn, Jr. Donald W. McIntosh Henry A. Everett Elspeth Jensen Absent: None Also present: L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Dr. Harold Davenport of the Miami Shores Community Church, followed by the Pledge of Allegiance. MINUTES: (a) Regular Council meeting of August 3, 1982 - approved by motion made by Mr. Spahn, seconded by Mrs. Jensen and passed unanimously. (b) Historic Preservation Board meeting of August 2, 1981 - receipt acknowledged. (c) Code Enforcement Board meeting of August 5, 1982 - receipt acknowledged. (d) Planning Board meeting of August 12, 1982 - receipt acknowledged. PLANNING BOARD RECOMMENDATIONS OR DENIALS: (a) Appeal of Frank Rubio - postponed at petitioner's request until 8/17/82. On June 10, 1982 the Planning Board denied Mr. Frank Rubio, 1107 N. E. 104th Street, a variance to allow a chickee hut as an accessory building and a variance to permit this structure in the rear setback, which was constructed without permit. Planning Board member Ken Cutchens explained that the structure is in the setback and the material it is made of does not meet standards of the code. Mr. McIntosh stated that his office had prepared a survey on 8/17/82 -2- Mr. Rubio's property, that he intended to discuss the matter and will file a Conflict of Interest form. Mr. Rodney Bryson, attorney, for Mr. Rubio, asked what were the itemized objections to the chickee, which Mr. Cutchens listed: setback violation, no permit, no architectural plans and type of construction. After some argument as to whether or not it was an accessory building, how much encroachment into the setback, etc., Mr. Fann pointed out that the petitioner is appealing the decision of the Planning Board and that is the only question before the Council. Mr. Spahn moved that the Council table action on this request pending receipt of a legal opinion from the Village Attorney, for the next meeting. The motion was seconded by Mrs. Jensen and passed unanimously. (b) Appeal of Dr. M. Lebowitz, 1285 N. E. 102nd St., for permit to construct a second floor addition of wood frame with brick facing. This request was denied by the Planning Board on August 12, 1982, based on non-conformance with the code. Attorney Howard Ulman argued that it was the better way to construct a second story and from a visual standpoint it would appear to be brick. Mr. McIntosh suggested that the ordinance (on approved construction materials) needs clarification, and moved that the request be tabled until further study can be made as to definition of masonry construction and to allow the petitioner to get some further input from an architect or engineer. The motion was seconded by Mrs. Jensen and passed 4/1 with Mr. Spahn dissenting. (c) Approval of Barnett Bank plans - 9190 Biscayne Blvd. At the Planning Board meeting of August 12, 1982 approval was given on the plans for outside teller booths and interior remodeling. Council approval is also required. Mr. McIntosh moved that the Council uphold the action of the Planning Board on plans for the Barnett Bank. The motion was seconded by Mr. Spahn and passed unanimously. ORDINANCES: The following ordinances were advertised for first reading: (a) Game machines - This ordinance would permit a maximum of two electronic or mechanical game machines in any business establish- ment. Mr. McIntosh felt these machines were not desirable for the Village and saw no need for them at the Country Club or any where in Miami Shores. He then moved that the ordinance 8/17/82 - 3 - be defeated on first reading. The motion was seconded by Mr. Everett but failed to carry on a 2/3 vote. Mr. Spahn then moved that the ordinance be approved on first reading. The motion was seconded by Mrs. Jensen, providing, she stated, this does not include mechanical bulls, and it was passed 3/2 with Messrs. McIntosh and Everett dissenting. (b) License fee for game machines. Mechanical and electronic game machines to be licensed at $30.00 each per year. Mr. Spahn moved that the ordinance be approved on first reading. The motion was seconded by Mrs. Jensen and passed 3/2 with Messrs. McIntosh and Everett dissenting. (c) Amendment to Burglar Alarm Ordinance, emergency passage. An amendment to the Burglar Alarm Ordinance was presented for emergency passage on first reading, to provide sufficient time to schedule current and future appeals before the Code Enforcement Board. Upon motion made by Mr. McIntosh and seconded by Mrs. Jensen, this ordinance was unanimously passed on first reading, to be known as: ORDINANCE NO. 441-82 AN ORDINANCE AMENDING SECTION 6., ORDINANCE NO. 440-82 ESTABLISHING REGULATIONS FOR THE USE OF BURGLARY AND ROBBERY ALARM SYSTEMS. TRAIN WHISTLE REPORT - Village Attorney Fann Mr. Fann reported that the Railroad had applied for an injunction which has been denied by the Court and the County ordinance is in effect. He added, however, that the Railroad plans to file an appeal. VILLAGE MANAGER'S REPORT: Mr. Forney reported that the Police are recording whistle violations. Hiring labor negotiator - In a report to Council Mr. Forney recommended hiring Mr. Leonard Carson, a labor attorney, for negotiating with the P.B.A. The estimated cost would be $90.00 an hour for approximately 40 hours. Mr. Spahn moved that the Village Manager be authorized to hire this person for labor negotiations. The motion was seconded by Mr. Everett and passed unanimously. Country Club financial reports - submitted. 8/17/82 -4- ANNOUNCEMENTS: (a) Poolside Discos Sat. nights during August. (b) Labor Day weekend at the Club. (c) Budget hearings - Sept. 7, 8:00 p.m. at Club, Sept. 15, 7:30 at Community Center. (d) Property Owners Town Hall Forum, Sept. 1, 1982 to hear political candidates. COUNCIL COMMENTS: Mrs. Jensen commented on the landscape award that had been given to the home of Charles Del Vecchio, 1330 N. E. 103rd St. PUBLIC COMMENTS: None The meeting recessed at 9:00 p.m. and reconvened as a Council Work session at 9:10 p.m. COUNCIL WORK SESSION - All members of the Council were present. This session was called to continue discussion of the resolution establishing new fees at the Country Club. Mr. Mel Roberts argued that the single golf members were not being treated fairly inasmuch as they had received the greatest increase. A $30.00 decrease was made in the single golf membership with the difference to be made up in Family and Intermediate. The principal discussion was over the establishment of the new Intermediate membership category, to be offered at a lower fee to persons under 36 years of age. Mr. Wyatt Griffin, 334 N. E. 100th St., stated that this was discriminatory as to age. Mr. Fann stated he was of the opinion that it was illegal and that he could not defend it. Mr. Spahn stated he would approve the Intermediate category on a trial basis. Mrs. Jensen stated that she was against it for non-residents. Mr. Everett would approve it on a one-year trial basis. Mr. McIntosh stated that he was not against the category but felt it would be futile. A consensus approval was given by Council for the Intermediate Membership category to be offered to residents only. -5 - The Council Work Session adjourned at 10:20 p.m. to reconvene in regular Council meeting. The resolution to increase dues, establish the Intermediate Category, provide non-resident Business & Professional, and daily fees, with amendments made in the Work Session was considered. Mr. McIntosh moved that the resolution as amended be approved. The motion was seconded by Mr. Spahn and the resolution was unanimously passed and adopted, same being entitled: RESOLUTION NO. 738-82 A RESOLUTION REPEALING RESOLUTION NO. 718-81 WHICH RESOLUTION PERTAINS TO COUNTRY CLUB FEES AND USE REGULATIONS; RE-ESTABLISHING MIAMI SHORES COUNTRY CLUB ANNUAL MEMBERSHIP FEES, DAILY GOLF AND TENNIS FEES, DEFINING MEMBERSHIPS AND REGULATING PLAY. ADJOURNMENT: 10:45 p.m. APPROVED: Robe Lodge, .yor 8/17/82 2�� il�l!v.64;2- - -Geo✓22E ate' Village Clerk