08-02-1983 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
August 2, 1983
The regular meeting of the Miami Shores Village Council was held
on August 2, 1983, at the Village Hall, commencing at 7:30 p.m., with the
following Council members present:
Mayor Kevin O'Connor
Elspeth Jensen
Herbert Spahn, Jr.
Terry Cuson
Absent: Robert J. Lodge
Also present:
L. R. Forney, Jr., Village Manager
William F. Fann, Jr., Village Attorney
50 to 60 resident and non-resident citizens
The meeting was opened with an invocation given by Rev. Deacon Sean
Hyland of St. Rose of Lima Catholic Church, followed by the Pledge of
Allegiance.
PRESENTATION: Marty Mennes and Cara Lee Santos, participants in
the Jump-Rope-a-Thon held at the Community Center, presented Mayor
O'Connor with contributions collected by the teams for the Miami
Heart Association, amounting to $801.76.
MINUTES:
(a) Council meeting 7/19/83 - after correcting a printing error
the minutes were approved by motion made by Mr. Cuson,
seconded by Mrs. Jensen and passed unanimously.
(b) Computer Bid Opening 7/19/83, receipt acknowledged.
(c) Budget Workshops 7/14, 7/18, 7/19, 7/20 "
(d) Beautification Committee 7/12/83
Committee member Laubenthal explained the reference
to the old landscape plan as applied to present conditions.
Mr. Cuson thanked the Committee for preserving the Oak
trees on N. E. 2nd Ave.
(e) Historic Preservation Board, 7/15/83, receipt acknowledged.
(f) Recreation Advisory Committee, 7/18/83,
(g) Planning & Zoning Board, 7/28/83,
PLANNING BOARD APPROVALS/DENIALS:
(a) Minutes 7/14/83 - Senior Center, 9900 N. E. 2nd Ave.,
pending.
After hearing reports from the Planning & Zoning Board,
the Building Official and the Village Manager, Mr. Cuson
moved that before Council comments and discussion, that
we suspend the rules and allow the people to be heard
prior to a motion. The motion was seconded by Mr. Spahn
and passed 3/1 in favor of suspending the rules. Mayor
O'Connor cast the dissenting vote.
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8/2/83
Mr. Ken Cutchens, President of the Property Owners Assoc., contended
that this use should be considered as a church and require church
zoning; that it was a land use change.
Mr. Walter Simon of the Property Owners Assoc., stated that the
association wanted a delay on this item.
Several participants at this center, residents and non-residents,
spoke with great feeling on the benefits of the center, currently
housed on Biscayne Blvd. where St. Martha's Church was located.
Mr. Fann advised that this was before the Council for site plan
approval, not use; that there is nothing to indicate that this is
not an applicable use.
Other speakers on behalf of the center were: Ms. Viola Riesen,
Pres. of the Center Council, Ms. Marge Donahue, Public Information
for the Archdiocese, who stated on inquiry, that the new pastoral
center on Biscayne Blvd. did not have room for this group;
Mr. Pete O'Connor, administrator of the Center, and Ms. Carmen
Portela, attorney representing the Archdiocese, who presented
many signatures supporting the center of the elderly population
in this area, as well as most of the merchants on N. E. 2nd Ave.
Mr. Spahn moved that the Council support the Planning & Zoning
Board and approve the site plan as presented. The motion was seconded
by Mr. Cuson and a roll call vote was taken as follows:
Mr. Cuson Yes
Mrs. Jensen Yes
Mr. Spahn Yes
Mayor O'Connor Yes
The motion passed unanimously.
PLANNING BOARD APPROVALS/DENIALS - contd.
(b) Minutes 7/28/83 - Item 2. The request by Ms. Patricia Mull,
1343 N. E. 104th St., for a flat roof addition that exceeded
the permitted area by 194 sq. ft. was denied by the Board.
This was before the Council on an appeal filed by Ms. Mull.
The case was reviewed by the Council with the advice from
Mr. Fann, Village Attorney, that a hardship was not shown.
that would justify a variance.
Mr. Spahn moved that the Council uphold the Planning & Zoning
Board in denying this petition. The motion was seconded by
Mrs. Jensen and passed unanimously.
Minutes 7/28/83 - Item 3. The request made by Mr. Bill Sanders,
250 N. E. 105th St., to enclose the garage without providing
off-street parking was denied by the Board. Mr. Sanders had
requested an appeal of this decision but was not present.
Mr. Cuson moved that this be tabled until the next meeting.
The motion was seconded by Mr. Spahn and passed unanimously.
8/2/83
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DISCUSSION OF REQUEST BY COUNCILMAN CUSON.
A letter was received from Councilman Cuson requesting that
the Council meet with the Code Enforcement Board and interested
community members, for extension of code enforcement through
a task force committee.
Mr. Spahn stated that he felt the Code Board should work through
the administration and that the Council should take no part in
their business. Mr. Fann stated that the CEB is a quasi-judicial
board and he did not feel there would be anything beneficial in
this type of meeting. Mr. Cuson, in furthering his request,
stated there are citizens willing to get involved in maintaining
this community and that we should encourage this participation.
Mrs. Jensen mentioned an incident where neighborhood assistance
was given after a fire but questioned whether or not we would be
incurring a liability. Mr. Fann advised using the professionals
for this or you can incur liability.
Mayor O'Connor suggested that citizens interested in helping
should contact the Mayor's Task Force and asked the Village
Manager to provide the Council with parameters for discussion.
Mr. James Dickey, 504 N. E. 101st St., wanted more vigorous
enforcement of Minimum Housing regulations and thought a
meeting would be helpful. Mr. Don Bednar, Chariman of the CEB,
explained the function of the Board. It was suggested that the
Village Manager and Mr. Fann get together to set up a public
hearing or other avenues of dialogue.
BUDGET EXECUTION REVIEW.
In a report to Council Mr. Forney advised, in regard to the
Village budget,that two departments require authoriziation
for transfer of funds in order to complete the year in the
black. The Finance Dept. is projecting a shortage of $1900.00
as the result of a pay -out on termination of a long-time
employee and the Public Works Dept. will require $4,455.00,
also as the result of a pay -out. Mr. Spahn moved approval for
the Village Manager to make these transfers from the Parks
Dept. which has a surplus. The motion was seconded by Mr.
Cuson and passed unanimously.
The Budget Execution Review in regard to the Country Club
indicates that there will be a net shortage of revenue over
expenses of $90,000.00, mostly due to the shortfall in golf
dues.
VILLAGE MANAGER'S REPORT:
(a) Police Dept. addition completion - it is expected that
the Police will be operating from the new quarters on
Friday of this week.
(b) Mr. Forney reported that he will be absent from the office
on Wednesday, 8/10/83.
8/2/83
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ANNOUNCEMENTS:
(a) Workshops on Country Club budget - 8/2/83, 8/3, 8/8, 8/9, 8/11.
(b) Public Hearing 8/16/83 on 5.42 acres.
(c) 8/6/83 - 4 p.m. Miami Shores J.C.'s will hold 1st
annual softball game vs. Miami Shores Police Dept.
(d) 8/6/83 - Mexican Fiesta Night at C.C.
(e) 8/11/83 - Bon Voyage party at C.C., Sea Escape Cruise 8/12.
(f) 8/13/83 - Bus & refreshments to Dolphin game.
(g) Recreation Dept. - registration open for football and
cheerleading. Mr. Varney reported that he has hired an
Athletic Director - Nelson Pardo.
COUNCIL COMMENTS.
Mr. Cuson appreciated the cushion he had been furnished;
also commended the Mayor on conducting a very excellent meeting.
Mrs. Jensen, commenting on Federal grant programs, stated
that there are many benefits available when you reach age 60.
PUBLIC COMMENT.
Mr. Robert Swan, 770 N. E. 98th St., wanted to know how to
get a subject before the Council and was advised to write
a letter to the Village Manager.
ADJOURNMENT - 10:10 p.m.
Village Clerk
Kevin O'Connor, Mayor