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09-21-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL September 21, 1982 The regular meeting of the Miami Shores Village Council was held on September 21, 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, Village Attorney The meeting was opened with an invocation given by Rev. Timothy Croft of the Miami Shores Presbyterian Church, followed by the Pledge of Allegiance. PRESENTATION: Mayor Lodge presented 20 year plaques to Edward Walker and Joseph Etheridge of the Public Works Department. MINUTES: (a) Regular Council meeting of September 7, 1982, (b) Budget Hearing of September 7, 1982, and (c) Budget Hearing of September 15, 1982 - all approved as written by motion made by Mr. Spahn, seconded by Mrs. Jensen and carried. (d) Historic Preservation Board 9/2/81 - receipt acknowledge. (e) Code Enforcement Board 9/8/82 - (f) Workshop Council/Planning Board 9/9/82 - PLANNING BOARD RECOMMENDATIONS OR DENIALS: (a) Appeal of Frank Rubio, 1107 N. E. 104th St., on Planning Board denial of approval of a chickee hut as constructed without a permit in rear setback. Mr. Fann, Village Attorney, reviewed the facts of the case: that the building is in the setback, constructed of non- conforming materials and without a permit; that the Planning Board had deemed it an accessory building, that a permit is required, to be of masonry construction and the encroachment on the setback would require a variance. Mr. Bryson, attorney for Mr. Rubio, argued that it was not an accessory building and that a chickee hut could not be built with a tile roof. In addition, Mr. Bryson submitted a petition from neighboring owners who do not object to this chickee. Further, Mr. Bryson presented pictures of other structures existing on the canal and contended that different rules should apply to waterfront property. 9/21/82 -2- Mr. Spahn moved that this be tabled for 90 days subject to the Planning Board reviewing this structure insofar as water front property is concerned. The motion was seconded by Mr. McIntosh and passed unanimously. (b) Appeal of Dr. Lebowitz, 1285 N. E. 102nd St. Inasmuch as Mr. Lebowitz was not present, Mr. McIntosh moved that the Council take no action on this item until the next regular meeting and have the applicant notified. The motion was seconded by Mr. Spahn and passed unanimously. (c) Approval of revised site plans of Archdiocese. This was approved by the Planning Board as well as requiring Council approval. After a review of the plan Mr. McIntosh moved that it be approved. The motion was seconded by Mr. Spahn and passed unanimously. RESOLUTIONS: (a) Co -Sponsoring Biscayne Bay Appreciation Week - approved by motion made by Mr. Spahn, seconded by Mr. McIntosh and passed unanimously, same being: RESOLUTION NO. 741-82 A RESOLUTION ESTABLISHING "BISCAYNE BAY APPRECIATION WEEK" (b) Adopting Federal Revenue Sharing Budget - approved by motion made by Mr. McIntosh, seconded by Mr. Sphan and passed unanimously, same being: RESOLUTION NO. 742-82 A RESOLUTION FOR ADOPTING A BUDGET FOR FY 83 FEDERAL REVENUE SHARING ENTITLE- MENT FUNDS (c) Authorizing Finance Director to invest and transfer Village funds - Mr. McIntosh suggested that "the Finance Director be authorized to invest and transfer Village funds .... as authorized by the Village Manager" and moved that this be incorporated in the resolution. The motion was seconded by Mr. Spahn. Mrs. Jensen added that a monthly report be submitted to Council. The resolution was then passed unanimously, same being: RESOLUTION NO. 743-82 AUTHORIZING THE FINANCE DIRECTOR TO INVEST AND TRANSFER VILLAGE FUNDS 9/21/82 -3- (d) Authorizing Finance Director to invest and withdraw funds in the Local Government Surplus Funds Trust Fund Mr. McIntosh wanted this resolution tied in with the previous resolution and moved approval on that basis. The motion was seconded by Mrs. Jensen and passed unanimously, same being: RESOLUTION NO. 744-82 A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO INVEST AND WITHDRAW FUNDS IN THE LOCAL GOVERNMENT SURPLUS FUNDS TRUST FUND ORDINANCES: (a) Game Machines - final reading. Mr. Spahn moved that the ordinance be approved. The motion was seconded by Mrs. Jensen and passed 3/1 with Mr. McIntosh dissenting as he felt there was no need for this ordinance and that it would create more problems for the Village. This ordinance is entitled: ORDINANCE NO. 443-82 AN ORDINANCE AMENDING SECTION 501 (c), APPENDIX A (ZONING), MIAMI SHORES VILLAGE CODE OF ORDINANCES; RESTRICTING NUMBER OF AUTHORIZED MECHANICAL AND ELECTRONIC GAMES IN PUBLIC PLACES. (b) L,icense fee for Game Machines - final reading. Upon motion made by Mr. Spahn and seconded by Mrs. Jensen this ordinance was passed 3/1 with Mr. McIntosh dissent- ing, same being: ORDINANCE NO. 444-82 AN ORDINANCE AMENDING SECTION 13-19 (A), MIAMI SHORES VILLAGE CODE OF ORDINANCES, ESTABLISHING A LICENSE TAX FOR GAME MACHINES. (c) Creating Recreation Advisory Committee - first reading. This ordinance was proposed by the Village Manager and recommended by the Recreation Director. In discussing the Committee members it was thought that there should be a "teen-age member", instead of a teen-age representative. Mr. McIntosh moved approval of the ordinance on first reading. The motion was seconded by Mr. Spahn and passed unanimously. The Council requested that future ordinances and resolutions be approved by the Village Attorney. 9/21/82 - 4 - ACCEPTANCE OF BID ON POLICE DEPARTMENT ADDITION. The Village Manager recommended acceptance of the low bid of Castella Construction company in the total amount of $224,915.00, which includes a new roof for Village Hall. Mr. Spahn moved that the low bid of Castella Construction be accepted. The motion was seconded by Mrs. Jensen and passed unanimously. The contractor stated he would start as soon as the Village is ready. The contract calls for completion within 200 days. ACCEPTANCE OF BID ON INSURANCE PLACEMENT. In a report to Council the Village Manager stated that the Village had advertised for bids on insurance coverage and sent out in- vitations to 13 firms, only two bids were submitted: Stembler- Adams & Sweet and Boulton Agency. The proposals were as follows: Stembler-Adams & Sweet Aetna Renewal Utica Mutual Boulton Agency $70,617.00 59,593.00 67,180.00 Mr. Forney recommended that the Village continue insurance coverage with Stembler-Adams & Sweet with their Utica proposal in the amount of $59,593.00. Mr. McIntosh moved that the Council accept the Village Manager's recommendation for acceptance of the Utica Mutual proposal. The motion was seconded by Mr. Spahn. Mr. Bob Philpot of Travelers, discussed the bid process and pointed out the limited time that was allowed to make a proposal. Mr. McIntosh agreed that the time frame was too short and it was requested in the future that two months be allowed for insurance bidding. The motion was then passed unanimously. PROPOSAL FOR COUNTRY CLUB MEN'S LOCKERROOM RENOVATION. The Village Manager reported to Council that the architectural firm of Consultants Collaborative Inc. had submitted a proposal for renovation of the men's locker room within the budgeted amount of $36,000.00. Public concern was voiced over having the lockerroom torn up all during the coming season. Mr. Spahn proposed doing the showers first and as soon as possible. Mr. McIntosh moved authorization to hire architectural Consultants Collaborative to do these improvements predicated on three phases, project #1 bring the bath and shower area to commence as soon as possible. The motion was seconded by Mr. Spahn and passed unanimously. 9/21/82 -5 - APPOINTMENT TO VILLAGE BOARDS. PLANNING & ZONING BOARD Mr. Spahn moved that Kevin O'Connor be re -appointed to serve another term on this Board. The motion was seconded by Mr. McIntosh and passed unanimously. Mrs. Jensen moved that Mr. Cutchens be re -appointed to this Board. The motion died for lack of a second. Mr. McIntosh moved that Mr. Robert J. Rossi, contractor, be named to the Planning & Zoning Board. The motion was seconded by Mr. Spahn and passed 3/1 with Mrs. Jensen dissenting. CODE ENFORCEMENT BOARD Mr. McIntosh moved that Kenneth Cutchens be considered for the Code Enforcement Board in place of W. Al Davis (who does not wish to continue on the Board). The motion was seconded by Mr. Spahn and passed unanimously. (3 yr. term) Mr. Spahn moved that Mr. Santos Rivero be named to the CEB (new vacancy, 2 yr. term). The motion was seconded by Mr. McIntosh and passed unanimously. Mr. McIntosh moved that Mr. Franklin Grau be re -appointed to the CEB. The motion was seconded by Mr. Spahn and passed unanimously. (3 yr. term) PERSONNEL APPEALS BOARD Members of the Board are to be notified to find out if they with to serve. Mr. McIntosh moved to postpone appointments to the Personnel Appeals Board. The motion was seconded by Mr. Spahn and passed unanimously. Mr. McIntosh asked that a letter of appreciation be sent to the applicants who had not received appointments. RECOMMENDATION FROM THE VILLAGE MANAGER ON COST OF LIVING PAY INCREASES. The Village Manager recommended that all employees not covered by a collective bargaining agreement be given a 6t cost -of -living pay increase effective the first pay in October. This was approved by motion made by Mr. McIntosh, seconded by Mr. Spahn and passed unanimously. 9/21/82 - 6 - ATTENDANCE AT FLORIDA LEAGUE OF CITIES CONVENTION, October 28-30, Miami Convention Center. Mr. Spahn moved that Mrs. Jensen be named as the voting delegate. The motion was seconded by Mr. McIntosh and carried. REPORT ON N. E. 2 AVE. NAME CHANGE. The Public Opinion poll conducted in the last Village Hall News resulted in the following comments: Those in favor of MAIN STREET .. 12 Keep it as is 112 Mr. Spahn moved to rescind the previous resolution approving the name of "Main Street". The motion was seconded by Mr. McIntosh who stated that he had supported this because of the Mayor's Task Force. The motion was then passed unanimously. VILLAGE MANAGER'S REPORT. (a) Capital Expenditures FY 83 - itemized list submitted to Council. ANNOUNCEMENTS: (a) Mayor's Ball, Sept. 25th - report given by Terry Cuson. COUNCIL COMMENTS: Concerning the case on 24 -hr. operation of businesses, Mr. Spahn suggested that the Village Attorney be directed to re -write the ordinance to protect ourselves in the future. The Village Attorney was asked to make a report on the Judge's ruling on this case at the next meeting. PUBLIC COMMENTS: Mr. Charlie Leeds petitioned the Council to open the golf course on Mondays in October as had been done in the past. The Village Manager thought this could be done. Mr. Spahn suggested that next year a work program be established to indicate what is being planned. ADJOURNM . - 9:25 p.m. APPROVED: Rober J. Lodge, a7Z't-PE2-tiz-e--e)uJ Village Clerk