02-07-1984 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
February 7, 1984
The regular meeting of the Miami Shores Village Council was held
on February 7, 1984, at the Village Hall, commencing at 7:30 p.m., with
the following Council members present:
Mayor Kevin O'Connor
Elspeth Jensen
Robert J. Lodge
Herbert Spahn, Jr.
Terry Cuson
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 Rev. Paul
Moehlman of the Miami Shores Presbyterian Church, followed by the Pledge
of Allegiance.
PRESENTATION: Mayor O'Connor presented a trophy to the Community
Center Women's Tennis Team, the winning team in a
tournament with the County Club women tennis players.
Team captain Terry Caudle, accepted for the team.
MINUTES: (a) Regular Council meeting of 1/17/84 - approved as
written by motion made by Mr. Lodge, seconded by
Mr. Spahn and passed unanimously.
(b) Pension Board meeting of 1/24/84 - accepted.
(c) Downtown Revitalization Board, 1/12/84 and
1/19/84 - accepted.
(d) Historic Preservation Board meeting of 1/23/84, accepted.
(e) Planning & Zoning Board meeting of 1/26/84, accepted.
PLANNING BOARD APPROVALS/DENIALS:
At the Planning Board meeting of January 26, 1984, a variance
was granted for an addition to the office building of Dr.
G. L. Richards, Jr., 9111 Park Drive, based on a section of
the flat roof being visible from the street and enlarging a
non -conforming building. In the discussion that followed it
was noted that the roof section will be shielded from the
street and the original building plan was approved with
non-conformance on the front setback. Mr. Lodge moved to
uphold the decision of the Planning & Zoning Board with
regard to Dr. Richards' building. The motion was seconded
by Mr. Cuson and passed unanimously.
HISTORIC PRESERVATION BOARD RECOMMENDATIONS:
At the meeting of the Historic Preservation Board of January
1, 1984, the home of Mr. & Mrs. Dean Miller, 940 N. E. 95th St.,
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was cited for Historic Landmark designation. Mrs. Marty
Stofik, Chairman of the Board, reviewed the features of
the home and it was noted that the Board's action had
approval of the owners. Mr. Cuson moved approval of
Historic Landmark designation for the Miller home at
940 N. E. 95th Street. The motion was seconded by Mrs.
Jensen and passed unanimously.
In discussing this subject it was the consensus of Council
that only those properties having owners' approval should be
brought before Council for action.
RESOLUTION CREATING FINE ARTS COMMISSION.
A proposed resolution creating a Fine Arts Commission was
forwarded to Council by the Village Manager, for the purpose
of stimulating and initiating interest in art shows, concerts
and similar activities in Miami Shores.
Councilman Lodge was of the opinion that this should be
handled by the private sector, or more effectively handled
under the Mayor's Task Force. Mrs. Jensen didn't think
there was any need for this commission as these activities
were being held now. Mayor O'Connor explained the background
of the idea and that he felt there were many citizens who
would like to serve on this commission.
Mr. Lodge moved that this be tabled until we can get with the
Task Force and with heads of clubs for input. The motion was
seconded by Mrs. Jensen but failed to carry on a 2/3 vote.
Mr. Cuson then moved that this resolution. be approved. The
motion was seconded by Mr. Spahn and passed 3/2 with Mrs.
Jensen and Mr. Lodge dissenting. This resolution is entitled:
RESOLUTION NO. 767-84
A RESOLUTION OF MIAMI SHORES VILLAGE CREATING
A FINE ARTS COMMISSION, SETTING ITS RESPONSIBILITY,
METHOD OF APPOINTMENT AND TERMS OF SERVICE.
RESOLUTION SUPPORTING LEGISLATION FOR MUNICIPAL ZONING ON SALE OF
MALT BEVERAGES.
A resolution was proposed requesting Dade County to support
State legislation to permit municipalities to control the
sale of malt beverages through zoning laws.
Upon motion made by Mr. Lodge and seconded by Mrs. Jensen
this resolution was unanimously passed and adopted, same
being entitled:
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RESOLUTION NO. 768-84
A RESOLUTION OF THE COUNCIL OF MIAMI SHORES
VILLAGE SEEKING THE SUPPORT OF DADE COUNTY
FOR LEGISLATION ALLOWING MUNICIPALITIES TO
REGULATE THE SALE OF MALT BEVERAGES THROUGH
THE PROVISIONS OF ZONING ORDINANCES.
RESOLUTION CREATING A HANDICAPPED COMMITTEE.
A resolution was proposed to create an Advisory Board on
handicapped services, in accordance with Section 504 of the
Rehabilitation Act of 1973. This Board will replace the
one named in Resolution No. 593.
Upon motion made by Mr. Cuson and seconded by Mr. Spahn
this resolution was unanimously passed and adopted, same
being entitled:
RESOLUTION NO. 769-84
A RESOLUTION CREATING AN ADVISORY BOARD ON
HANDICAPPED SERVICES, ESTABLISHING ITS MEMBER-
SHIP AND FIXING ITS DUTIES AND RESPONSIBILITIES.
ORDINANCE ON DISPOSAL OF SURPLUS PROPERTIES - first reading.
In a report to Council Mr. Forney stated that at the present
time there are no provisions in our Code of Ordinances for
the disposal of surplus property, and he recommended adoption
of this ordinance.
Approval was given on first reading by motion made by Mr. Spahn,
seconded by Mr. Lodge and passed unanimously.
FUNDING FOR REVITALIVATION TASK FORCE SURVEY.
Mr. Forney reported that a sum of $1681.25 had been requested
by the Revitalization Task Force for the purpose of circulating
a questionnaire to all residents of the Village and businesses
concerning the N. E. 2nd Avenue business area. It was pro-
posed that the money be taken from the Contingency Fund and
that it be included in the amount of $2500.00 to be transferred
in the Budget Execution Review.
Approval was granted for the survey expense of $1681.25 to be
taken from the Contingency Fund by motion made by Mr. Cuson,
seconded by Mr. Lodge and passed unanimously.
CHARTER UPDATE.
In a report to Council Mr. Forney reviewed the necessity
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and procedure for updating the Village Charter by removing
those sections which are unnecessary or which have been
superseded by other legislation. It is proposed that this
work would be done by the Municipal Code Corporation in
conjunction with the Village Attorney at a cost of approxi-
mately $1500.00, which amount should be transferred from
the Contingency Fund.
Mr. Lodge moved that we proceed with the work that has to be
done on the Charter by contracting with Municipal Code
Corporation at a cost of approximately $1500.00, with the
money to be transferred from the Contingency Fund. The
motion was seconded by Mr. Spahn and passed unanimously.
BUDGET EXECUTION REVIEW.
A first quarter budget executive review was prepared by
Mr. Forney in which he requested transfer of $12,500.00
from the Contingency Fund to cover unbudgeted items or
additional expenses incurred since the budget was prepared,
as outlined in his memorandum to Council of 2/7/84.
The transfer of $12,500.00 from the Contingency Fund was
approved by motion made by Mr. Cuson, seconded by Mr. Spahn
and passed unanimously.
VILLAGE MANAGER'S REPORT.
(a) Biscayne Canal - concerning possibility of making the canal
some type of wildlife preserve to protect the manatees.
Mr. Forney stated that the latest information he had secured
from the Fla. Marine Patrol was that it may be possible to
do something in this regard. A further report will be made.
(b) 5.42 acres in re Comprehensive Plan - Mr. Forney did not
recommend that the Comprehensive Plan be amended to return
this property to a recreational use classification.
Following some active discussion on this proposal Mayor O'Connor
stated that it would be placed on the next agenda and that
it be debated at that time.
(c) Report on garbage fee collection - receipts up, two -years
overdue bills have been placed in the hands of a collection
agency and we have received 30% of the overdue bills.
(d) Set date for the PBA hearing - February 21, next regular meeting,
location at Community Center to be confirmed.
ANNOUNCEMENTS:
(a) Valentine dinner dance, Feb. 10, at Country Club, $14.95.
(b) Miami Shores Day at Hialeah, Feb. 22, $15.00.
(c) Kiwanis Barbecue, Feb. 16, $4.00.
(d) Geo. Washington Birthday party, Feb. 24, at Country Club,
$12.95 per person.
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COUNCIL COMMENTS:
Mr. Cuson commended the Revitalization Committee for
their work and strongly supported the establishment of
a Fine Arts Commission.
Mrs. Jensen mentioned her granddaughter's volleyball honors.
Mayor O'Connor reported on the resignation of our Athletic
Director, Mr. Pardo, with commendation on the work he has done.
PUBLIC COMMENTS:
None
ADJOURNEMENT: 8:50 p.m.
A
PROVE
Kevin O'Connor
Mayor
Vi lage Clerk