05-01-1984 Regular MeetingREGULAR MEETINQ
MIAMI SHORES VILLAGE COUNCIL
May 1, 1984
The regular meeting of the Miami: Shores Village Council was held
on May 1, 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 Dr. Harold
A. Davenport of the Miami. Shores Community Church, followed by the Pledge
of Allegiance.
MINUTES.
(a) Council meeting 4/17/84 a approved as written by motion
made by Mr. Lodge, seconded by Mr. Cuson and passed
unanimously.
Receipt acknowledged of the following:
(b) Fine Arts Commission meeting 4/9/84.
(c) Fire Arts Commission meeting 4/16/84.
(d) Historic Preservation Board meeting 4/23/84.
(e) Planning & Zoning Board meeting 4/26/84.
REQUEST BY POLICE BENEVOLENT ASSOCIATION.
Sgt. Tim Dearden, PBA representative for the Miami Shores
Police Department, addressed the Council in regard to the
salary increase that was granted them for 5% October 1 and
3% July 1, which he contended should be for 3% compounded.
He further contended that the Council agreed to follow the
County with the 5 and 3 and that the County compounds the
second increment.
Mr. Spahn stated that the Council wanted to give 8% but if
there is a question of interpretation or if that was not clearly
indicated then we should reconsider it. Following further
discussion Mr. Spahn moved that the Council accept the PBA
interpretation and give them the 8.15%, ie. the 3% is to
be compounded on the 5%, july 1. The motion was seconded by
Mr. Lodge.
Mayor O'Connor stated it had not been his intention to compound
5/1/84
-2-
the 3% on the 5% and he felt a deal had been struck at
that time for an 8% raise, not an 8.15%. Mr. Cuson also
stated that he thought the agreement had been for 8%.
Mrs. Jensen recalled that the Village Manager had estimated
what an 8% raise would cost the Village.
On a roll call vote Mr. Spahn's motion to approve the PBA
request was passed 4/1 with Mayor O'Connor dissenting.
PLANNING BOARD APPROVALS/DENIALS - Meeting of 4/26/84, Item 4.
The Planning Board approved the request for permit by Mr.
Charles Orlandi, d/b/a Miami Shores Chevron Station, 9601
N. E. 2nd Avenue,to convert a 160 sq. ft. area from a
service station office into a Mini -Mart for grocery sales
with no alcoholic beverages to be sold. This use is permitted
in the B-1 zoning.
Mrs. Jensen asked if this would affect the revitalization of
N. E. 2nd Avenue. Mayor O'Connor stated that this is precisely
the situation and the reason the Board asked for a moratorium.
Mr. Cuson asked Mr. Orlandi if he would go along with a new
facade, etc. if this was in the plan which was agreed to by
Mr. Orlandi. The sale of alcoholic beverages was not requested
by Mr. Orlandi nor he stated, allowed by the Chevron Company.
Mr. Spahn through the Village Attorney emphasized that this was
not a request for a variance, - it was before the Council for
site plan approval.
Mr. Cuson stated that in view of Mr. Orlandi's willingness to
alter his station if recommended by the Revitalization Board,
he moved that the Council approve the site plan as requested.
The motion passed 3/2 with Mrs. Jensen and Mayor O'Connor
dissenting.
HISTORIC PRESERVATION BOARD RECOMMENDATIONS.
The Board recommended the following home for Landmark Designation:
120 N. E. 91st Street, owner - Robert A. Frech
Mrs. Marty Stofik, Chairman of the Preservation Board, reviewed
the background of this home and the Landmark Designation was
approved by motion made by Mr. Cuson, seconded by Mr. Spahn
and passed unanimously.
Board recommendation for historic site:
Miami Shores Golf Course property, 10000 Biscayne Blvd.
Because of the history of the land on which the golf course
was built, that is, an F.E.C. station near 103rd Street and
possible Indian mounds, the Board recommended the course be
5/1/84
-3-
designated an historic site. Mr. Cuson moved approval
of this designation for the golf course. The motion was
seconded by Mr. Lodge and passed 3/2 with Mr. Spahn and
Mrs. Jensen dissenting.
Board recommendation for historic object:
Gumbo Limbo tree at 54 N. E. 103rd Street.
It was reported that this is the largest and oldest Gumbo
Limbo on record in the U.S. and the owner of the property,
Mrs. Colleen Fix, brought this to the attention of the Board
in an effort to preserve the tree. In the discussion that
followed it was pointed out that this involves the right of
the adjoining property owner to cut that part of the tree
extending over his property. Mr. Spahn wanted this property
owner to be advised of the proposal. He then moved that action
be tabled on this recommendation until we get an O.K. and
an understanding from the neighbor to avoid future problems.
The motion was seconded by Mrs. Jensen and passed 3/2 with
Mr. Lodge and Mayor O'Connor dissenting. This will be
brought back at the next meeting.
Mrs. Stofik announced the Dade Heritage Days and tours being conducted
throughout the County from April 20th to May 20, 1984, with local
historic displays at the Brockway Library and the Miami Shores Country
Club.
REPORT FROM CHAIRMAN OF THE FINE ARTS COMMISSION.
Mr. Ron Marrocco reported on planned activities of the Fine
Arts Commission, with particular regard to a major art show
to be held in November on N. E. 2nd Avenue. This show will
include live entertainment at the Miami Shores Theatre, arts
and crafts, food vendors and Library Book Week events, to
open Friday evening, Nov. 9th and run thru Sunday, Nov. 11, 1984.
Another event to be sponsored by the Fine Arts Commission is
a field trip to Lowe Gallery, May 22, 1984, with a bus to
leave from the Community Center at 9:15 a.m.
APPOINTMENT TO DADE LEAGUE,BOARD.
Request was made by the Dade League of Municipalities for
appointment of a Council representative to serve on the
Dade League Board, as appointed each year. Last year
Mayor O'Connor was named as delegate with Mr. Terry Cuson
as alternate. Mr. Lodge moved that the Mayor be re -appointed
with Terry Cuson as alternate. The motion was seconded by
Mr. Spahn and passed unanimously.
5/1/84
-4-
APPROVAL OF CHARTER EDITORIAL CHANGES.
The Council received copies of the Municipal Code Corpor-
ation's draft of editorial changes to be made in the Village
Charter to eliminate invalid and unnecessary portions of
the Charter. Mr. Forney recommended approval to direct the
Code Corporation to prepare these changes in final form.
Following this action, he stated, we will begin the
recodification of the entire code, the cost of which has
been provided in the current budget.
Mr. Cuson moved that the updating of the Charter by
editorial changes be approved. The motion was seconded
by Mr. Lodge and passed unanimously.
BUDGET TRANSFER FOR WORKMEN'S COMPENSATION.
In a report to Council Mr. Forney explained that our
Workmen's Compensation bill with Dade County has increased
$52,345.00 over what was budgeted. To meet this liability
Mr. Forney requested authority to transfer $39,112.00 from the
Village contingency fund and $13,233.00 from the Country
Club contingency fund. Mr. Cuson moved approval of the
transfers as requested. The motion was seconded by Mr.
Spahn and passed unanimously.
ORDINANCE FOR ASSESSMENT OF ADMINISTRATIVE COSTS BY CODE ENFORCEMENT
BOARD - 2nd and final reading.
Upon motion made by Mr. Cuson and seconded by Mr. Lodge
the ordinance was unanimously passed and adopted on second
reading, same being entitled:
ORDINANCE NO. 465-84
AN ORDINANCE CONFIRMING THE POWERS OF THE
CODE ENFORCEMENT BOARD TO IMPOSE ADMINISTRATIVE
COSTS; FOR THE VILLAGE TO RECOVER ATTORNEY'S
FEES AND COURT COSTS IN CODE ENFORCEMENT PRO-
CEEDINGS; PROVIDING AN EFFECTIVE DATE.
BUDGET WORKSHOP DATES.
A proposed budget hearing schedule for the upcoming budget
was given :to the Council for discussion as to conflicts or
preference of meeting days. Mr. Lodge asked if the meetings
with the department heads could be held during the day and
Mr. Forney was directed to check into this. Mr. Spahn
suggested Wednesday for all day meetings.
APPR
5/1/84
-5-
VILLAGE MANAGER'S REPORT.
(a) Golf Tournaments - in a report to Council Mr. Forney
reviewed the ten tournaments that had been
scheduled between March 12 and May 11, and con-
cluded that at least 7 of them were directly
connected with members of the Club.
Mrs. Jensen suggested that the course be open
early in the morning on tournament days for members,
and that there should be a minimum guarantee on the
number of tournament players.
(b) Course maintenance program - report submitted by
Lee Fullmer, Golf Course Superintendent.
Mr. Spahn asked if he was sure that the program
will get us through two years without calling
in an agronomist. He also asked that this be
posted so every member can see it.
ANNOUNCEMENTS.
(a) Miami Shores blood drive, Tues., May 8, 1:30 p.m.
at Community Center.
(b) Health Fair Day, May 4, 10-4 p.m. at Community Center.
(c) Mother's Day, May 13, at Country Club.
(d) Memorial Day Observance May 28, Memorial Park,
10:00 a.m.
COUNCIL. COMMENTS.
Mr. Cuson had high praise for the Tot Lot, and
congratulated Marty Leahy on being elected Pres. of
the Miami Shores Property Owners Assoc.
Mrs. Jensen asked that the dumpster on Barry Field
be removed as people are dumping garbage in it.
PUBLIC COMMENTS.
None.
ADJOURNMENT: 9:15 p.m.
Kevin O'Connor
Mayor
ir
Village Clerk