04-17-1984 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
April 17, 1984
The regular meeting of the Miami Shores Village Council was held
on April 17, 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 Father John
Murphy of St. Rose of Lima Catholic Church, followed by the Pledge of
Allegiance.
RECOGNITION.
MINUTES.
Mayor O'Connor presented certificates to the Championship
Soccer Teams from the Recreation Dept., the Girls Team
as runner-up in the State, and the Boys Team as Dade
County Champion.
On behalf of the Mayor's Task Force, Mayor O'Connor
recognized the following winning entries in the Miami
Shores Circus Day Parade:
Borman Tropical Chevrolet, Sunshine Skateway,
Barry University, Junior Orange Bowl Committee,
Brownsille Junior High School, Horace Mann Junior
High School, Miami Shores Karate Team, Kids
on the Move and the Von Wedel -Gardiner School.
(a) Council meeting 4/3/84 - Minutes approved as
written by motion made by Mrs. Jensen, seconded
by Mr. Lodge and passed unanimously.
(b) Historic Preservation Board 3/19/84 - Mr. Cuson
called attention to an abstaining vote as being
improper.
(c) Fine Arts Commission 4/2/84 - received.
(d) Code Enforcement Board 4/5/84 - received.
(e) Planning & Zoning Board 4/12/84 -
(f) Downtown Revitalization Board 4/12/84 - received.
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PLANNING BOARD APPROVALS/DENIALS - Meeting 4/12/84, Item 4.
The Planning Board approved the use of fiberglass shingles
in reroofing the home of Leonard Bryant, 9025 N. E. 4th
Avenue, as a variance based on an engineering report that
the roof was not designed for the weight of tile.
Mr. Lodge moved that the decision of the Planning &
Zoning Board be upheld. The motion was seconded by
Mr. Cuson and passed 4/1 with Mr. Spahn dissenting.
HISTORIC BOARD RECOMMENDATIONS.
The following homes were recommended for Landmark Designation
by the Historic Preservation Board:
(a) 9760 N. E. 5th Ave. Road, home of Mr. and Mrs. Richard
Colangelo - approved for Landmark Designation by motion
made by Mr. Cuson, seconded by Mrs. Jensen and passed
unanimously.
(b) 310 N. E. 99th Street, home of Mr. Richard Carl -
approved for Landmark Designation by motion made by
Mr. Cuson, seconded by Mrs. Jensen and passed unanimously.
(c) 1291 N. E. 96th Street, home of Oscar Dooly, Jr. -
Approved for Landmark Designation by motion made by Mr.
Cuson, seconded by Mrs. Jensen and passed unanimously.
(d) 257 N. E. 91st Street, home of Mrs. 0. B. Simmons, Jr. -
approved for Landmark Designation by motion made by Mr.
Cuson, seconded by Mrs. Jensen and passed unanimously.
Mr. Cuson asked if we are getting the owner's permission in
writing. Mrs. Stofik stated that the ordinance requires that if
the owner does not accept the designation he must state this
in writing.
Mrs. Stofik announced Dade Heritage Days, April 20 to May 20,
1984, sponsoring tours and open houses of historic significance;
April 28 - Miami Shores Heritage Run and Walkathon, evening
of same day from 6 to 9 p.m. open house at Phillips residence
in Davis Harbor; April 29, 5-8 p.m., open house and art show
at the Country Club.
PUBLIC HEARING - 5.42 acres north of Country Club.
In order to comply with the requirements for amending the
Future Land Use Map in the Comprehensive Plan a public hearing
was called to consider returning the 5.42 acres north of the
Country Club to "Parks and Recreation" use. This had the
concurrence of the Planning Board.
Mr. Cuson moved that the 5.42 acres north of the County, which
is owned by the Village, be classified on the Future Land Use
Map of the Comprehensive Plan as "Parks and Recreation Use".
The motion was seconded by Mrs. Jensen. Discussion followed
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on future uses of this land, ie. a par three course, a
Vita course and parking. The motion passed 4/1 with Mr.
Lodge dissenting.
APPOINTMENT TO LIBRARY BOARD.
The following citizens filed letters of application for
appointment to the Library Board:
Mr. James W. Condit
1036 N. E. 96th Street
Mrs. Bette McCoy
435 N. E. 101st Street
Votes were cast as follows:
Mr. Spahn for Mr. Condit
Mr. Lodge for Mr. Condit
Mrs. Jenden for Mr. Condit
Mr. Cuson for Mrs. McCoy
Mayor O'Connor for Mrs. McCoy
Mr. Condit was named as member of the Board of Trustees of
the Brockway Memorial Library .to fill an unexpired term ending in 1988.
DISCUSSION OF SCREENING OF APPLICANTS TO BOARDS.
Mr. Spahn stated he was concerned about openings being created
on appointed boards by resignation or other circumstances and
that the Council is not fully aware of the qualifications of
the applicants, in which case he suggested that the names be
turned over to the particular board involved to do the screening
for the qualifications beneficial to that board.
Mrs. Jensen stated that that is the way the Library Board had
done this and it should be continued. Mr. Spahn pointed out
that we should advertise for anyone who is interested, as we
do for other board appointments. Mr. Cuson didn't think the
screening by boards was a good idea and that it was the
Council's responsibility to select the people. Mayor O'Connor
was against screening by two boards. It was Mr. Lodge's
opinion that we should continue to advertise but let the Council
make the final decision.
It was the consensus of Council to leave the system as it is
with advertisement of the openings.
ORDINANCE FOR ASSESSMENT OF ADMINISTRATIVE COSTS BY THE CODE ENFORCEMENT
BOARD - first reading.
Mr. Forney made a report on the background of this ordinance and
the need for imposing administrative costs on violators who
evade fines by last-minute compliance; he recommended approval.
Mr. Lodge moved approval on first reading. The motion was
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seconded by Mr. Spahn and passed by four affirmative votes
as Mr. Cuson had temporarily left the room.
INVESTMENT POLICY.
Mr. Forney submitted a proposed investment policy for the
investment of surplus municipal funds which is set within
guidelines of Florida law.
The policy as presented was approved by motion made by Mr. Cuson,
seconded by Mr. Spahn and passed unanimously.
DISCUSSION OF DOWNTOWN REVITALIZATION.
Mrs. Barbara North Burton, on half of the Downtown Revitaliza-
tion Board, petitioned the Council to receive the Board's
recommendations directly from the Board and that the Council
then direct the recommendations back to the various departments.
As pointed out in Mr. Forney's report to Council, the
resolution establishing the Board directs that the Revitaliza-
tion Plan be submitted to the Village Council through the
Local Planning Agency (Planning Board). Discussion followed
on changing the resolution.
Mr. Cuson moved that Resolution No. 765-83 be changed as
follows: That paragraph 2 be deleted and that the following
be substituted therefor: "The Board shall prepare a Downtown
Revitalization Plan and submit it to the Village Council."
The motion was seconded by Mrs. Jensen and passed unanimously.
In another request Mr. Tom Novotny stated that the recommendations
would affect properties that might be leased and the Board
wanted them kept within the existing code by establishing a
moratorium on N. E. 2nd Avenue until June 1st.
Discussion followed concerning the length of the moratorium,
the scope, ie. variances or all permits, and on what basis
does an emergency exist. Mr. Fann advised that to call a
moratorium there must be an apparent emergency, with the nature
and character of the emergency clearly established.
In conclusion Mr. Forney was directed to come back to Council
with facts supporting an emergency moratorium for considera-
tion at the next Council meeting.
VILLAGE MANAGER'S REPORT.
(a) Membership report - Country Club.
(b) Financial reports - Country Club.
(c) Investment report.
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VILLAGE MANAGER'S REPORT. (contd.)
(d) The engineers are working on the paving program and
we should be going out to bid within the next two
weeks to begin work in May.
(e) The computer system is up and running and should be
operational in the next couple of months.
(f) Our Acting Mayor Jensen threw out the first pitch of
the baseball season at the Community Center fields.
ANNOUNCEMENTS.
(a) Easter Bunny to visit the Recreation Center, 4/21.
(b) Special Easter Sunday Brunch, and Buffet dinner at Club, 4/22.
(c) Police Appreciation Day 4/29 at pool, 6:30 to 10 p.m.
COUNCIL COMMENTS.
Mr. Cuson: (a) Wanted to consider fence heights at 6 ft.,
(b) would like to have an agenda item on expanding the
Library Board to get more citizens involved, (c) asked about
the Club curtains, (d) wished Happy Birthday to Friends of
the Library.
Mrs. Jensen wished everyone a happy holiday.
Mr. Lodge and Mr. Spahn reiterated Mrs. Jensen's wish.
Mayor O'Connor mentioned the legislation on the sale of beer
and wine promoted by the Florida League of Cities which will
give the cities the power to control beer and wine sales.
He asked the public to contact our Legislators to support this
bill. Mr. Spahn asked Mr. Forney to write to Mr. Harrigan in
this regard.
PUBLIC COMMENTS.
Mr. Ed Abdella announced that he would like to organize a
band and is looking for retired musicians for our own Miami
Shores band.
Mr. Mel Roberts stated that the golfing members are complaining
about the number of times the course is closed to them because
of tournaments and he wanted to know who says the course will be
closed. Mr. Spahn stated that we should have some kind of
administrative policy on tournaments.
Mr. Van Conoley, 68 N. W. 92nd St., addressed the Council
citing, thru a metaphorical situation, criticism of any
appointed or elected official speaking on a political issue
which is not pertinent to his position with Miami Shores
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ADJOURNMENT - 9:45 p.m.
APPROV D:
Kevin O'Connor
Mayor
4/17/84