Loading...
08-07-1984 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 7, 1984 The regular meeting of the Miami Shores Village Council was held on August 7, 1984, at the Village Hall, commencing at 7:30 p.m., with the following Council members present: Elspeth Jensen Robert J. Lodge Herbert Spahn, Jr. Terry Cuson Absent: Mayor Kevin O'Connor Also present: L. R. Forney, Jr., Village Manager William F. Fann, Village Attorney In the absence of Mayor O'Connor, Councilwoman Elspeth Jensen officiated. The meeting was opened with an invocation given by Rev. Grady Perryman of the Miami Shores Presbyterian Church, followed by the Pledge of Allegiance. MINUTES: (a) Council meeting 7/17/84 - approved the minutes as written by motion made by Mr. Cuson, seconded by Mr. Spahn and carried unanimously. (b) Special Council meeting 7/24/84 - approved as written by motion made by Mr. Lodge, seconded by Mr. Cuson and carried unanimously. Receipt acknowledged of the following: (c) Pension Board meeting 7/6/84. (d) Recreation Advisory Committee 7/9/84. (e) Fine Arts Commission 7/9/84. (f) Country Club Advisory Board 7/17/84. (g) Code Enforcement Board 7/19/84. (h) Planning & Zoning Board 7/26/84. PLANNING BOARD APPROVALS/ DENIALS: (a) Meeting of 7/12/84 - appeal of Anthony Pazienza, 30 N. E. 96th Street. At the Planning Board meeting of 7/12/84, Mr. Pazienza requested approval of alterations made without permit to a non-conforming/illegal structure that is and has been prior to his purchase of the property, in the 10 ft. side setback at 30 N. E. 96th Street. Mr. Pazienza contended that the structure had been there when he bought the property and that he had simply made improvements to the screened patio including the addition of an aluminum roof which is not an approved roofing material. The Planning Board denied 8/7/84 -2- approval of the request. Mr. Pazienza filed an appeal with the Village Council. After discussion Mr. Lodge moved to uphold the decision of the Planning & Zoning Board. The motion was seconded by Mr. Spahn and passed unanimously. (b) Meeting of 7/26/84 - Item 2., approval of Circle K sign (free standing) for 575 N. E. 87th Street, replacing the Utotem sign. The sign is 222 ft. high. The Council discussed heights of signs and Mr. LuBien reported that the maximum on Biscayne Boulevard has been maintained at 25 ft. and 20 ft. for N. E. 2nd Avenue, by precedent. The Council felt that the height limits on signs should be made a part of the zoning regulations. Mr. Spahn moved to uphold the decision of the Planning Board. The motion was seconded by Mr. Lodge and passed unanimously. Item 3., approval of non -conforming roof for. Russel Carter, 285 N. E. 105th Street. At the Planning Board meeting of 7/26/84 the request to reroof a detached garage with a non -tile material was approved based on an engineering report that the wood frame structure would not support a cement or clay tile roof. Mr. Lodge moved that the decision of the Planning & Zoning Board be upheld. The motion was seconded by Mr. Spahn and passed unanimously. ORDINANCE REGULATING CATS - 1st reading. A report was made to Council by Village Manager Forney on neighbor- hood problems being created by the harboring and feeding of cats in large numbers. Following the reading of the ordinance Mr. Lodge moved for approval. The motion was seconded by Mr. Spahn for discussion. The discussion that followed concerned health hazard, how the cats would be picked up and the problem of prohibiting the feeding of stray cats. It was suggested that the unlawful "feeding of stray cats" be eliminated from the ordinance. The original motion to approve and its second were withdrawn. Mr. Spahn then moved to accept the ordinance on first reading, striking the words "to feed stray cats". The motion was seconded by Mr. Cuson and passed 3/1 with Mrs. Jensen dissenting who stated that she approved the ordinance as originally worded. ORDINANCE INCREASING UTILITY TAX - 1st reading. After reading the ordinance by title it was further explained how the tax will be changed: Present tax - 9% on the first $100, 5% on the next $100 and 2% on any sum in excess of $200. Proposed - 10% on the total amount of bill. Mr. Lodge moved that the ordinance be approved on first reading. In order to get a second to the motion Mrs. Jensen passed the 8/7/84 -3- gavel to Mr. Cuson and seconded the motion. Mr. Spahn argued against the ordinance as he didn't think we needed it and that the rate was excessive. He suggested a smaller spread with the use of cash carryover. Mr. Lodge pointed out that this tax is designed to hit the big users. Mr. Cuson moved to table the ordinance which died for lack of a second. The original motion'passed:3/1 with Mr. Spahn dissenting. ORDINANCE AMENDING SCHEDULE OF WASTE COLLECTION AND DISPOSAL FEES.- 1st reading. Mr. Forney reported that this ordinance will increase the fees by 20%, with the residential fee going from $125.00 to $150.00 a year. Following a reading by title Mr. Lodge moved that it be approved on first reading. The motion was seconded by Mr. Spahn. Mr. Cuson argued that with this rate we will be making money, that the revenue will be greater than the cost to provide the service. Mr. Forney pointed out that the additional money would be used for capital expenditures. The motion was passed 3/1 with Mr. Cuson dissenting. ORDINANCE RE STORAGE OF INOPERABLE VEHICLES - 2nd and final reading. Upon motion made by Mr. Lodge and seconded by Mr. Cuson this ordinance was unanimously passed and adopted, same being entitled: ORDINANCE NO. 466-84 AN ORDINANCE AMENDING PARAGRAPH (a), SECTION 14-43 OF CHAPTER 14, MIAMI SHORES VILLAGE CODE OF ORDINANCES, IN REGARD TO STORAGE OF INOPERABLE MOTOR VEHICLES. AWARD OF PAVING CONTRACT. The following bids were received for repaving streets in the Village listed under first priority: The Brewer Company of Fla. $77,700.00 Weekly Asphalt Paving, Inc. 83,100.00 Pan American Construction Co. 72,780.00 Williams Paving Co., Inc. 86,400.00 General Asphalt Co., Inc. 69,000.00 In a report to Council Mr. Forney recommended acceptance of the low bid of General Asphalt Company. He further reported that the amount in this year's budget for the paving is $100,000.00 and he requested that the amount remaining from the bid ($31,000.00) be added to next year's appropriation of $57,750.00 for a continuation of the paving project with this contractor. This will provide a paving 8/7/84 - 4 - program of $160,000.00. The consulting engineers, Ludovici & Orange, had reported that the low bid was a good price. Mr. Lodge moved that the paving contract be awarded to General Asphalt Company in the amount of $69,000.00. The motion was seconded by Mr. Cuson. Mr. Spahn asked about penalties, bonding and time. Mr. Forney stated we will have to increase the bid time, the other considerations are covered. The motion then passed unanimously. Mr. Lodge moved that the Village Manager be authorized to negotiate with General Asphalt for a further contract up to the sum of $88,750.00. The motion was seconded by Mr. Cuson and passed 3/1 with Mrs. Jensen dissenting as she felt that we might get a better price in six months. AWARD BID ON PURCHASE OF BLUE LIGHTS FOR POLICE VEHICLES. Bid estimates were received from three vendors for the purchase of seven light bars for the police vehicles with the low bid being $4,012.89 from Oaks Gun Shop. The Village Manager recommended acceptance of this bid. Mr. Cuson moved that the Manager's recommendation be accepted for bid of Oaks Gun Shop, in the amount of $4,012.89. The motion was seconded by Mr. Lodge and passed unanimously. VILLAGE ATTORNEY REPORT ON FORFEITURES. Mr. Fann reported that of the 17 vehicles he has had seven have been disposed of by judgment and that the remainder should be completed within 30 days. VILLAGE MANAGER'S REPORT - Third Quarter Budget Execution In a report to Council Mr. Forney reviewed the budget figures with actual experience in both expenses and revenues. Because of a shortfall in the Waste Department and a surplus in the Street Department he requested authority to transfer $14,000 from the Street Department to the Waste budget for the completion of this year. This transfer was approved by motion made by Mr. Cuson, seconded by Mr. Spahn and passed unanimously. He further projected that at the end of the year there will be a surplus in the budget due to revenues that came in high and low expenses, of about $224,000.00, minus 30 to 40 thousand dollar overrun on the library addition. REVIEW COUNTRY CLUB BUDGET - Set dues structure. The Club budget had been sent to the Council with a report from the Village Manager on the estimated revenue and expenses and his proposal for maintaining the present membership dues structure but increasing cart fees from $15.00 to $16.00, increasing green fees, establishing a handicap fee and a Capital Improvement 8/7/84 -5 - charge assessed on each round of golf in the amount of $2.00 which can be redeemed in the bar or restaurant. Mr. Forney pointed out that the total budget stands at $2,245,445.00, with unfunded capital improvements in the amount of $128,525.00. In the budget review the following items were discussed: supervision in the pro shop, more money for security, provide person and vehicle, establish a foundation to receive con- tributions for new greens (to be referred to the Advisory Board) and the proposal for guaranteed wages for waiters and waitresses of $25.00 minimum for lunch and $40.00 minimum for the evening meal. Concerning the $2.00 redeemable fee on golf play Mr. Cuson moved that the Council accept this charge as proposed. The motion was seconded by Mr. Spahn who added that it apply to all persons over the age of 18, and passed unanimously. Mr. Spahn moved that the dues structure be accepted as presented to be followed by a resolution, so that the dues bills may be sent out. The motion was seconded by Mr. Lodge and passed 3/1 with Mr. Cuson dissenting. ANNOUNCEMENTS: (a) Budgets will be available on August 28, at the Village Hall. COUNCIL COMMENTS. None PUBLIC COMMENTS. None ADJOURNMENT - 11:10 p.m. Village Clerk APPROVE?: Kevin O'Connor, Mayor