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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