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10-05-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL October 5, 1982 The regular meeting of the Miami Shores Village Council was held on October 5, 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 Henry A. Everett Elspeth Jensen (arrived late) Also present: L. R. Forney, Jr., Village Manager William F. Fann, Village Attorney The meeting was opened with an invocation given by Mr. James Stuart, Manager of the Chamber of Commerce, followed by the Pledge of Allegiance. Mayor Lodge acknowledged with sadness the death of one of our long-time residents, Carl Orleman, who had faithfully attended Council meetings. MINUTES: (a) Regular Council meeting of September 21, 1982. Mr. Spahn moved that the minutes be approved. The motion was seconded by Mr. McIntosh with a correction to be noted on Page 6 that it was Mr. Spahn who had supported the name of "Main St." because of the Mayor's Task Force. The minutes were then approved with this correction. PLANNING BOARD RECOMMENDATIONS OR DENIALS: (a) Appeal of Dr. Lebowitz, 1285 N. E. 102nd Street. As no one was present to discuss this request Mr. McIntosh moved for the last time that this item be tabled, that Dr. Lebowitz or architect be present at the next meeting and that the item will be acted upon with or without anyone present. The motion was seconded by Mr. Spahn and passed unanimously. BID RECOMMENDATIONS: (a) Fertilizer for the golf course - A recommendation was made for acceptance of the low bid of Atlantic Fertilizer & Chemical Co. for 15 tons of fertilizer in the amount of $2,729.55. This was approved by motion made by Mr. Spahn, seconded by Mr. McIntosh and carried unanimously. (b) Golf course mowers - to be awarded at next meeting. Mr. McIntosh moved that consideration of this bid be postponed until next meeting. The motion was seconded 10/5/82 -2- by Mr. Spahn and passed unanimously. Some comments were made on what information is desired by Council for the bid packet. It was generally agreed that the packet could be abreviated without eliminating pertinent information. ORDINANCES: (a) Creating a Recreation Advisory Committee - final reading. Upon motion made by Mr. Spahn and seconded by Mr. Everett the ordinance was unanimously passed and adopted, same being entitled: ORDINANCE NO. 445-82 AN ORDINANCE CREATING A RECREATION ADVISORY COMMITTEE, ESTABLISHING ITS MEMBERSHIP AND FIXING ITS DUTIES AND RESPONSIBILITIES. (b) Re-establishing Country Club Advisory Board - first reading. The proposed newly drawn sections of the Code pertain- ingto the re-establishing of a Country Club Advisory Board were read. Mr. Spahn moved approval on first reading. Mr. McIntosh seconded the motion but requested that Section 2. indicate what portions are actually repealed and what portions are being amended. The Village Attorney will reword the ordinance to cover this question. The motion to approve was then passed unanimously. RESOLUTIONS: (a) Creating Junior Golf and Tennis Memberships. Following the reading of this resolution Mr. Spahn moved that it be approved. Mr. McIntosh seconded the motion but wanted it spelled out as to when the juniors are allowed to play. The Golf Pro stated that he had established rules covering this question. Section 4. was amended to read: "That golf play for Junior Golf members and tennis play for Junior Tennis members will be in accordance with rules set down by the respective Pro's." The resolution was then passed unanimously, same being: RESOLUTION NO. 745-82 A RESOLUTION AMENDING RESOLUTION NO. 738-82 PERTAINING TO COUNTRY CLUB FEES AND USE REGULATIONS AND ESTABLISHING A JUNIOR GOLF AND A JUNIOR TENNIS MEMBERSHIP. 10/5/82 -3- COUNCIL APPOINTMENTS: (a) Personnel Appeals Board Mr. McIntosh moved that ROBERT DAVIS be re -appointed. The motion was seconded by Mr. Spahn and passed unanimously. Mr. Spahn moved that CARL PAXTON be re -appointed. The motion was seconded by Mr. McIntosh and passed unanimously. Mr. McIntosh moved that WILLIAM WALKER be re- appointed. The motion was seconded by Mr. Spahn and passed unanimously. Mr. Everett moved the re -appointment of TIM DAKIN. Motion was seconded by Mr. Spahn and passed unanimously. Mr. Spahn moved that DR. J.P. KORECK be named as a new member to the Board. The motion was seconded by Mr. McIntosh and passed unanimously. (b) Recreation Advisory Committee Appointments to be made volunteers are, solicited. APPROVAL TO PARTICIPATE IN THE CANCER SOCIETY GOLF CARD PROGRAM: The Village Manager recommended acceptance of a Golf Card Program offered by the American Cancer Society to stimulate golf play during the summer months of 1983. Mr. Spahn moved that the Council accept the Village Manager's recommendation and enter the Cancer Society Program for next year. Mr. McIntosh seconded the motion but warned that this is setting a precedent and that we are getting away from the restricted private membership concept. Upon vote the motion passed 3/1 with the McIntosh dissenting. CHAMBER OF COMMERCE REQUEST TO COVER PARKING METERS FROM 11/26/82 to 1/2/83: Mr. Everett moved that the request be approved. The motion was seconded by Mr. Spahn and passed unanimously. CODE RE -CODIFICATION: Mr. Forney made a report to Council on re -codification of the Village Code with a recommendation that the Village Charter be brought up to date and rewritten along the lines of the "model charter" developed by the State. He further suggested that a Charter Revision Committee be named to consider these changes. Mr. McIntosh suggested that those individuals who served on the Charter Committee in 1976 and 79 be considered along with our Village Attorney, Mr. Fann. Mr. Forney will research the files on the previous Charter revisions. 10/5/82 -4- Mrs. Jensen arrived at this point in the meeting. RE -CONSIDERATION OF DR. LEBOWITZ APPEAL: Dr. Lebowitz appeared, responding to an earlier call from Mr. LuBien. Mr. McIntosh moved that this item be re -considered. The motion was seconded by Mr. Spahn and carried. Mayor Lodge reviewed the case and Mr. McIntosh repeated what the Council had intended by its motion to defer action, and what Dr-. Lebowitz' architect should have done. Dr. Lebowitz stated that his architect had advised him there was no other feasible way to do the construction. It was suggested that Dr. Lebowitz have his architect contact Mr. LuBien if he wishes to make a new application. REPORT BY THE VILLAGE ATTORNEY ON NIGHT CLOSING ORDINANCE: Mr. Fann gave the Council a copy of the Final Judgment in the Case U-TOTE'M OF MIAMI, INC. vs. Miami Shores Village concerning 24-hour operation, which in effect declared the Village ordinance unconstitutional and invalid. Mr. Fann advised that our ordinance could possibly be rewritten for next meeting. VILLAGE MANAGER'S REPORT: (a) Mr. Forney reported that he had received a letter from the State Historic Officer who had recommended against our ordin- ance Certification because of the owner consent require- ment. He advised that nothing be done until we hear from the National Register. (b) Reported on progress of Police Department renovation, contractor will begin this Thursday. ANNOUNCEMENTS: (a) October 15 - Oktoberfest at Country Club. (b) October 30 - Halloween Party at Country Club. COUNCIL COMMENTS: Mrs. Jensen called attention to voter apathy at Precinct 250 (where she was Clerk) in that only 110 votes were cast in the run-off election. Mr. McIntosh - (a) Commended Committee on Mayor's Ball and Club Manager on the success of the First Annual Mayor's Ball. (b) Registered a complaint against Animal Control for refusing to pick-up raccoons. hn also coau!i.-nded Mr. Robinette and the chef on the Ma vim' s ball. Village Clerk