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04-19-1983 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 19, 1983 The regular meeting of the Miami Shores Village Council was held on April 19, 1983, 7:30 p.m., at the Miami Shores Village Hall, with the following Council members 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 Newly elected Council members, family and friends The meeting was opened with an invocation given by Dr. Harold Davenport of the Miami Shores Community Church, followed by the Pledge of Allegiance. Certificates of Merit were presented by Mayor Lodge to the following "All -County Soccer Team" members: Tara Connolly, Lynn Marinello, Shannon Reese, Deette Feurtado, Michele Marinello, John Requardt, David May, Billy Gallagher, Ian Maley, Robert Reynold, Steven Goetz. MINUTES: (a) Council meeting of April 5, 1983 - approved as written by motion made by Mrs. Jensen, seconded by Mr. Spahn and passed unanimously. (b) Code Enforcement Board meeting 4/7/83 - received. (c) Planning & Zoning Board meeting 4/14/83 - received. PLANNING & ZONING BOARD RECOMMENDATIONS/DENIALS: (a) Meeting of 4/14/83 - Items 4., 5., and 6. Item 4. The Archdiocese of Miami, 9401 Biscayne Blvd., requested a variance for two signs which exceeded the area limitation, to be placed facing Biscayne Blvd., with a setback of less than 10 ft. from the property line; these signs to read "Pastoral Center" and "St. Martha's". The Planning Board approved the signs as presented. It was Mr. McIntosh's opinion that there was no hardship Planning Board Minutes of 4/14/83 4/19/83 -2- involved as this is an identification sign to advertise the Pastoral Center and he moved that the Council override the Planning Board on the variance request for both setback and size of signs. The motion was seconded by Mrs. Jensen and a roll call vote was taken with the following results: Mrs. Jensen Yes Mr. Everett No Mr. McIntosh Yes Mr. Spahn No Mayor Lodge No The motion failed on a 2/3 vote. Mr. Spahn then moved to approve the variances required for two signs facing Biscayne Blvd. as requested, with a setback of less than 10 feet. Mrs. Jensen offered an amendment that the signs be moved back 5 ft. This was accepted and Mrs. Jensen seconded the amended motion. Mr. McIntosh asked that the record show that the Chief of Police was not contacted on the traffic safety involved. A roll call vote resulted as follows: Mrs. Jensen Yes Mr. Everett Yes Mr. McIntosh No Mr. Spahn Yes Mayor Lodge Yes The motion carried 4/1. Item 5. The request for variance to add to the residence of Graciela R Gonzalez, 100 N. E. 104th St. by connect- ing the house with the garage was denied by the Planning Board because of setback problems. This was before the Council on an appeal filed by Ms. Gonzalez. The architect for the owner explained that this was the best possible and most attractive way to add to the house and the attorney continued that the connection with the garage would provide a functional use as well as desired safety. The Village Attorney advised that there appeared to be no basis for a variance and Mr. McIntosh moved that the action of the Planning & Zoning Board be upheld. The motion was seconded by Mr. Jensen and passed unanimously. 4/19/83 -3- Item 6. Request for variance to permit fiberglass shingle roof, 882 N. E. 97th St., owner Allen Kelley. The Planning Board approved a variance for re -roofing the above residence contingent upon receipt of verification from an architect or engineer that the structure will not support a tile roof, which was received. Mr. Spahn moved that the variance be approved as requested. The motion was seconded by Mr. Everett and passed unanimously. (b) Planning Board meeting of 3/24/83 - Item 4. Item 4. Approval of Exterior Elevation Alterations, Jerry Barrows, 360 N. E. 105th Street. After several proposals on type of wood trim for the above home Mr. Barrows decided on rough sawn cedar as previously approved by the Planning Board. Mr. McIntosh moved that the recommendation of the Planning Board on rough sawn cedar trim be approved. The motion was seconded by Mrs. Jensen and passed unanimously. ACCEPT RESIGNATIONS FROM PLANNING BOARD AND RECREATION ADVISORY COMMITTEE. A letter of resignation was received from Kevin O'Connor resigning as a member of the Planning Board, dated April 19, 1983. A similar letter of resignation was received from Terry Cuson resigning from the Recreation Advisory Committee as of this date. The resignations were required prior to acceptance as a member of Council. Mr. McIntosh moved that the resignations be accepted. The motion was seconded by Mrs. Jensen and passed unanimously. RESOLUTION DECLARING THE RESULTS OF THE COUNCIL ELECTION OF 4/12/83. A resolution was read canvassing the returns of the Council Election of April 12, 1983 which recorded the following vote: Terry Cuson 960 Kenneth Cutchens 750 Elspeth Jensen 1003 Kevin O'Connor 1320 Jeanne Swan 494 Leslie Weisen 185 This resolution was approved by motion made by Mr. McIntosh, seconded by Mr. Spahn and passed unanimously, same being entitled: RESOLUTION NO. 749-83 A RESOLUTION DECLARING THE RESULTS OF THE COUNCIL ELECTION HELD ON APRIL 12, 1983. 4/19/83 - 4 - INSTALLATION OF NEWLY ELECTED COUNCIL - Judge Joseph Farina. Retiring Mayor Robert Lodge expressed his appreciation to all members of the Council and staff on their individual contributions to the Village business during the past two years. Circuit Court Judge and past Mayor of Miami Shores Village, Joseph P. Farina,administered the oath of office to the newly elected Council members, Kevin P. O'Connor, Elspeth Jensen and Terry Cuson. ORGANIZATION OF NEW COUNCIL Upon formation of the new Council Mr. Spahn moved to elect Kevin O'Connor, who received the greatest number of votes, to the office of Mayor for the next two years. The motion was seconded by Mrs. Jensen and carried. Mr. Spahn moved that Mrs. Jensen be named Acting Mayor in the absence of the Mayor. The motion was seconded by Mr. Cuson and passed. Mayor O'Connor thanked Robert Lodge for the service he rendered to the community during his term as Mayor and presented him with a plaque from the Village in appreciation of this service. BANK RESOLUTIONS FOR NEW MAYOR'S SIGNATURE. Two corporate resolutions were required for Sun Bank of Bal Harbour, one for the Deposit Account and one for Facsimile Signatures. The standard corporate resolution was approved by motion made by Mr. Lodge, seconded by Mrs. Jensen and passed unanimously, same being: RESOLUTION NO.750-83 The resolution for fascimile signatures was approved by motion made by Mr. Lodge, seconded by Mr. Cuson and passed unanimously, same being: RESOLUTION NO. 751-83 Four resolutions were required for Pan American Bank to cover banking business until the accounts are transferred to Sun Bank. These were approved by motion made by Mr. Cuson, seconded by Mr. Lodge and passed unanimously, same being: RESOLUTION NO. 752-83 Miami Shores Village General Account RESOLUTION NO. 753-83 Miami Shores Village Payroll Account RESOLUTION NO. 754-83 Miami Shores Country Club RESOLUTION NO. 755-83 Brockway Memorial Library 4/19/83 -5- APPOINTMENT OF COUNCIL MEMBER TO PENSION BOARD. As the Mayor is an ex -officio member of the Board Mr. Lodge moved that Mrs. Jensen be the Council member. The motion was seconded by Mr. Spahn and carried. APPOINTMENT OF COUNCIL MEMBER TO THE DADE LEAGUE BOARD. Mr. Lodge moved that Mayor O'Connor be named to the Dade League Board. Mrs. Jensen seconded the motion with the stipulation that Mr. Cuson be the alternate. This was accepted and the motion passed. VILLAGE MANAGER'S REPORT: The following reports were submitted with the agenda: (a) Country Club financial reports. (b) Country Club membership report. (c) Investment report. COUNCIL COMMENTS: Mrs. Jensen called attention to a computer seminar at FIU on May 19th. Also the Dade League is having a Day at the Races. Mr. Cuson thanked the Recreation Dept. for having served on their committee and commended them for the outstanding Health Fair Day last Friday. ANNOUNCEMENTS: (a) Police Appreciation Day, Sun., 4/24, at pool. (b) Flower Show at Country Club, Fri., 4/22, 10-2 p.m. (c) Arbor Day dinner dance, Country Club, 4/23. ADJOURNMENT. 8:45 p.m. APPRO E Kevin P. O'Connor Mayor Village Clerk STATE OF FLORIDA ) MIAMI SHORES VILLAGE) I, KEVIN P. O'CONNOR, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilman. So help me God. Kevin P. O'Connor SUBSCRIBED AND SWORN to before me this 19th day of April, A. D., 1983. Joseph/P. `Eari na County Court -Judge In and For Dade County, Florida STATE OF FLORIDA ) MIAMI SHORES VILLAGE ) I, ELSPETH JENSEN, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilwoman. So help me God. Elspeth Jensen SUBSCRIBED AND SWORN to before me this 19th day of April, A.D., 1983. Jose ai na Cokinty Court Judge In and For Dade County, Florida STATE OF FLORIDA ) MIAMI SHORES VILLAGE) I, R. TERRY CUSON, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilman. So help me God. R. Terr, Cuson SUBSCRIBED AND SWORN to before me this 19th day of April, A.D., 1938. J o s e p P. a.r'i bra County Court Judge In and For Dade County, Florida