03-05-1985 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
March 5, 1985
The regular meeting of the Miami Shores Village Council was held
on March 5, 1985, at the Village Hall, commencing at 7:30 p.m., with the
following Council members present:
Mayor Kevin O'Con.nor
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.
PRESENTATIONS.
(a) A proclamation was issued by Mayor O'Connor and presented
to Mrs. Jan Spahn, President of the Miami Shores Garden Club,
on behalf of the Metropolitan Miami Flower Show to be held
March 22-24, 1985.
(b) Certificates were presented by the Mayor to Rolf and Britten
Remus commending them on their performance in the Pitch,
Putt, and Drive Finals at the Doral Eastern Open.
MINUTES.
(a) Council meeting of 2/19/85 - approved as written by motion
made by Mr. Cuson, seconded by Mrs. Jensen and carried
unanimously.
Receipt acknowledged:
(b) Pension Board meeting -2/15/85.
(c) Recreation Advisory Board meeting 2/12/85.
(d) Historic Preservation Board meeting 2/25/85.
ORDINANCE - second reading.
Increasing maximum height of fences to 6 ft.
Mr. Cuson moved approval on second reading. The motion was
seconded by Mr. Lodge.
In the public discussion that followed Ms. Dottie Yates,
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Crime Watch Coordinator, stressed the importance of not
permitting an increase in the height of walls and fences
as this would seriously impede neighborhood surveillance.
Ms. Yates reviewed Crime Watch efforts in educating the
people to the dangers of high shrubs/walls and petitioned
the Council to further consider this ordinance in light
of crime watch.
After further arguments for and against a roll call vote
was taken as follows:
Mr. Spahn No
Mr. Lodge Yes
Mrs. Jensen No
Mr. Cuson No
Mayor O'Connor Yes
The second reading on the fence ordinance failed to pass on
a 2/3 vote.
ORDINANCES - first reading.
(a) Granting gas franchise to Peoples Gas Co. - tabled at
the meeting of 2/19/85.
Mr. Lodge moved that it be removed from the table. The
motion was seconded by Mr. Cuson and passed unanimously.
Mr. Forney reported that the interest rate written in the
ordinance had been re -negotiated to 18% and recommended
approval on first reading. Mr. Cuson moved approval on
first reading. The motion was seconded by Mr. Lodge
and passed unanimously.
(b) Regulating commercial filming.
In a report to Council Mr. Forney reviewed the background
of the film industry in Dade County as it affects Miami
Shores and he stated that the filming in a certain neighbor-
hood has gotten out of control. They are conducting a
commercial business in a residential area. To re-
establish Village control over this activity an ordinance
was written for Council consideration which would limit
and restrict the business.
Mr. Barry Asmus, Chairman of the Code Enforcement Board,
stated that if we allow commercial use of residences
we will have to maintain control over it. He pointed out
the burden of the CEF Board in dealing with this commercial
use.
Ms. Irene Berman, member of the Florida Motion Picture
Assoc., commented briefly on the ordinance and stated
that she did not think $100.00 a day too much.
Mr. Edward Harrigan, 260 N. E. 99th St., remarked that
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having a license to film does not permit blocking
streets, creating disturbance, noise, etc. It does
not give them the right to violate other laws.
Ms. Adrienne Kutner, 1284 N. E. 94th St., stated that this
has been going on now for a very long time; it is an
infraction on their private lives and is out of control.
Mr. Howard Neu of North Miami, stated that he has worked to
promote the filming industry in this area and that this
is a lack of responsibility on the part of the people
involved. He urged modification of the ordinance.
Ms. Gigi Gray, 9300 N. Bayshore Dr., stated we should have
an ordinance to protect the neighbors from noise and
operations beginning at 6:00 a.m.
Mr. John Johnson, 9880 N. E. 8th Ave., suggested having a
committee to study this and amend the ordinance to something
that is workable.
Ms. Julie Williamson, thought the ordinance was too strong.
Mr. Jim Stuart, 9280 N. E. 12th Ave., stated that this is not
just one house, there are others and they are going on all
hours.
Mr. Walter Simon, pointed out that this .is a residential
community and the filmjpeople want to turn it into a
commercial community.
Mr. John Mayo, 1275 N. E. 93rd St., stated he is not opposed
to the filming industry for Miami but he added if the area
is a very photogenic area someone should buy the neighborhood.
He felt the ordinance should not be modified.
Mr. Mike McCarthy, spokesman for union and non-union film
people, stated he would like an opportunity to meet with a
committee; objected to 2. a., b., & c. of the ordinance.
Ms. Karen Kirby didn't think we need more committees in Miami
Shores and thought we could work this out.
Village Attorney Fann advised that this commercial enterprise is
not a permitted use in Miami Shores. It is not an author-
ized activity at present.
Ms. Mary Lee Landers, Dade County Film Coordinator, pointed out
that the County does not have authority to override the
authority of the Village in this business.
The ordinance was tabled by a motion made by Mr. Lodge, seconded
by Mr. Cuson and passed unanimously.
The Village Manager was requested to report back at the next meeting
concerning: other municipalitites that have an ordinance relating
to filming, time, days, limiting number of permits per year, setting
a public hearing, and make a recommendation.
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(c) Amendment to Historic Preservation ordinance.
In a report to Council Mr. Forney advised that we have
not yet implemented the provisions of the Historic
Preservation ordinance with regard to filing a
covenant on the property. The Board wanted the
ordinance changed and the designations be recorded
without detail.
Mr. Spahn pointed out our ordinance requires owner consent
and the rights of the owner should be protected with
the terms of the convenant spelled out. Mr. Spahn then
moved that the Council approve the Village Attorney's
original convenent and set 120 days limit to get the
owner's signature, or de -designate the property.
Ms. Marty Stofik, Chairman of the Historic Preservation
Board, went into the background of the issue and
argued for the new convenant.
The motion to approve the original convenant was then
passed unanimously.
RESOLUTION TO PERMIT WIRE TRANSFERS OF FUNDS.
This resolution requested by Sun Bank for authority to make wire
transfers of funds as requested by Village employees was
approved by motion made by Mr. Lodge, seconded by Mr. Cuson
and passed unanimously, same being entitled:
RESOLUTION NO. 782-85.
APPOINTMENT OF POLL WORKERS.
The following list of qualified poll workers was presented for
approval by the Council:
Dorothy Nunge
Ada Durham
Ethel Landis
Loretta Jones
Vivian Hanes
Marjorie Pearson
Robert Ahrendt
Sidney Lion
Thomas Little, Jr.
Olga Schwartz
Lloyd Lady
169 N. W. 104th St.
175 N. W. 100th St.
246 N. E. 100th St.
1287 N. E. 96th St.
810 N. E. 91st Terr.
6 N. E. 105th St.
134 N. E. 100th St.
308 N. E. 96th St.
426 N. E. 102nd St.
49 N. E. 110th St.
864 N. E. 91st Terr.
Upon motion made by Mr. Lodge, seconded by Mr. Spahn and passed
unanimously the above listed poll workers were approved for the
Council election of April 9, 1985.
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PURCHASE OF COMPUTER ITEMS.
In a report prepared by the Finance Director, it was
recommended that the computer hardware presently needed be
purchased from Standard Computer Systems at a cost of $7474.20
plus installation and shipping charges. Mr. Forney concurred
in this recommendation with the waiving of formal bid
procedures.
Mr. Cuson moved that formal bid procedures be waived.
The motion was seconded by Mr. Spahn and passed unanimously.
Mrs. Jensen moved approval to purchase hardware from Standard
Computer Systems for $7474.20 plus installation and shipping.
The motion was seconded by Mr. Cuson and passed 4/1 with
Mr. Lodge dissenting.
HANDICAPPED ADVISORY REPORT RECOMMENDATIONS.
The Advisory Board on Handicapped Services pointed out areas
lacking proper facilities for the handicapped at or within
our public buildings. The Village Manager reviewed the
recommendations; suggested that the ramp to. the Village Hall
be deferred until budget time. Concerning a wheel chair at
the Club, it was later determined that there is one available.
Mr. Forney stated that no action was required on the recommenda-
tions at this time.
FIREWORKS PURCHASE.
For the July 4, 1985 fireworks program it was requested that
the normal bid procedure be waived and that the fireworks be
purchased from Southern International Fireworks who has
furnished the fireworks for the past three years. The proposal
is in the amount of $3,500.00, which is the amount budgeted.
Mr. Lodge moved to waive bid procedures. The motion was
seconded by Mr. Cuson and passed unanimously.
Mr. Lodge moved to approve the bid of Southern International
in the amount of $3,500.00. The motion was seconded by Mr.
Spahn and passed unanimously.
VILLAGE MANAGER'S REPORT.
(a) Retirement festivities for Ms. Vigneron - In a report to
Council Mr. Forney recommended that the Village host a
wine and cheese reception at the Country Club for Ms.
Vigneron on April 4 from 5 until 7 p.m., with the
following gifts: (1) a lifetime complimentary general
membership in the Miami Shores Country Club, (2) a small
portable radio tape deck and (3) a Tababuia tree.
Mr. Lodge moved approval of this proposal. The motion
was seconded by Mr. Cuson and passed unanimously.
(b) Introduction of Mr. Randy Nutter, the new Personnel
Director/Deputy Clerk.
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(c) Reported on assistance given to Ms. Lillian Meyer,
910 N. E. 91st Terrace, in providing a fence across
an unpaved right-of-way, with the installation of a
street light.
(d) Gave a progress report on the Mobile Crime Watch.
ANNOUNCEMENTS.
(a) Irish Buffet 3/15/85 at the Club.
(b) "Songs of Broadway" at the Club on 3/17/85.
(c) Dade County Commissioner Sherman Winn will be at the
Village Hall on March 20, 1985, from 5-7 p.m.
(d) Circus Day in Miami Shores 3/23/85.
COUNCIL COMMENTS.
Mrs. Jensen proposed a school crossing/guard.at 111th Street
and Miami Avenue for students coming from Gratigny.
Mr. Cuson reported that the Police are doing a good job on
6th Avenue in slowing of traffic.
Mayor O'Connor reported some improvement in the school situation
but asked the public to continue to send letters, make phone
calls on the issue of boundaries and student transfer policy.
The next meeting will be held on March 20.
Congratulations were voiced over the success of the Mayor's
Task Force Ball.
PUBLIC COMMENTS.
Mr. Mel Roberts mentioned the dangers to pedestrians on
N. E. 2nd Avenue when cars turn on a red light, that the
timing of the lights is too fast.
ADJOURNMENT. 9:50 p.m.
APPROVE
•
Vi lage Clerk
Kevin O'Connor
Mayor