03-19-1985 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
March 19, 1985
The regular meeting of the Miami Shores Village Council was held
on March 19, 1985, 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 Rev. Frank
Stevens of the Miami Shores Christian Church, followed by the Pledge of
Allegiance.
MINUTES.
(a) Council meeting of 3/5/85 - approved as written by motion
made by Mr. Cuson, seconded by Mrs. Jensen and carried
unanimously.
Receipt acknowledged:
(b) Fine Arts Commission 2/25/85.
(c) Code Enforcement Board 3/7/85.
(d) Planning & Zoning Board 3/13/85.
PLANNING BOARD APPROVALS/DENIALS, meeting of 3/13/85, Items 2 & 3.
Item 2. - The Planning Board denied the request made by
Margherita Branciforte, 436 N. E. 94th St., to make an
addition to her home using the existing non -conforming
west side yard setback which is less than 10 ft. This
house is on a 50 ft. lot built before the incorporation of
the Village with a setback permitted at that time. The
denial was based on code regulations concerning increasing
a non -conforming building.
An appeal was filed by Ms. Branciforte citing the unusual
circumstances of the home and that it is not feasible to
make the addition with a different setback along the west
side.
After discussion Mr. Lodge moved that the Council overturn
the decision of the Planning Board based on a hardship
variance as defined in Section 702(a),(0 &(c) of the Zoning
Ordinance, concerning unusual' conditions_ 'of the ,property,
reasonable use and harmony. The motion was seconded by
Mrs. Jensen and passed 4/1 with Mr. Spahn dissenting based
on the Planning Board's decision.
3/19/85
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Item 3. Approval of non -tile re -roofing.
The Planning Board approved the request of
Edith Carpenter, 10531 N. E. 2nd Place, to re -roof her
home with fiberglass shingles as her previous roof was not
tile and the structure could not support tile as certified
by an engineer. Mr. Lodge moved to uphold the decision
of the Planning & Zoning Board. The motion was seconded
by Mr. Spahn and passed unanimously.
In order to accommodate the PTA Mr. Cuson moved that Item 7. be taken
out of order and put next on the agenda. The motion was seconded by
Mr. Spahn and passed unanimously.
REQUEST FROM MIAMI SHORES ELEMENTARY PTA FOR ASSISTANCE ON DRAINAGE.
In a report to Council Mr. Forney explained that the Miami
Shores Elementary PTA had raised money to pave an area
on the school compound on the south side of 105th St., an
area which is a drop off for school children.
Because our Building Department would not permit the
paving without providing adequate drainage the cost of
the project has gone up and the PTA is requesting assist-
ance from the Village to complete the project. The
estimated additional cost is $2500.00. Mr. Forney recommended
that this amount be appropriated from the contingency fund
to improve the area for the school use and the adjoining
residents.
Mr. Cuson stated that the School Board has indicated that
they will pay for this improvement and he moved that the
Council approve Mr. Forney's request for $2500.00 from the
contingency fund and that we simultaneously pursue refund
from the School Board. The motion was seconded by Mr. Lodge.
In the discussion that followed Mrs. Della Zaher, principal
of the elementary school, stated that we could not count
on reimbursement as she was also trying to get the School
Board to pave an area in front of the school. The motion
was passed unanimously.
ORDINANCE GRANTING GAS FRANCHISE TO PEOPLES GAS CO., second reading.
Following second reading by title Mr. Cuson moved that
it be approved. The motion was seconded by Mr. Lodge
and the ordinance was unanimously passed and adopted,
same being entitled:
ORDINANCE NO. 478-85
AN ORDINANCE GRANTING TO PEOPLES GAS SYSTEM, INC.
A FLORIDA CORPORATION, ITS SUCCESSORS AND ASSIGNS
A FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO
CONSTRUCT, OPERATE AND MAINTAIN A GAS UTILITY
SYSTEM IN MIAMI SHORES VILLAGE, FLORIDA, AND
PRESCRIBING THE TERMS AND CONDITIONS OF SUCH FRAN-
CHISE AND FOR REVOCATION THEREOF.
3/19/85
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ORDINANCE REGULATING TELEVISION & FILMING ACTIVITY, first
reading.
Following a reading by title Mrs. Jensen moved for
approval. The motion was seconded by Mr. Spahn.
A discussion ensued concerning the benefits of the
filming industry to the area vs. the peace and quiet
of the neighborhoods, as well as the question of
doing commercial business in a residential zone.
The original motion was withdrawn and Mr. Lodge moved
that the subject be held for a workshop. The motion
was seconded by Mr. Cuson, and passed unanimously.
APPOINTMENTS TO THE DOWNTOWN REVITALIZATION BOARD.
A list of 13 applicants for the Downtown Revitalization
Board was presented to the Council. By ballot voting
the following persons received appointments to the Board
with terms as listed:
Mr. Franklin Grau 4 years
Mrs. Fran Everett 3 "
Mr. Vince Schafineister 3
Ms. Barbara Burton 2
Mr. Mark Ulmer 2
Mr. John Knezevich 1 year
Ms. Nikki Baron 1 "
RESOLUTION ON WIRE TRANSFERS.
A resolution was presented authorizing the Florida Depart-
ment of Revenue to designate a bank and make wire transfers
of State funds on behalf of Miami Shores Village.
Mr. Cuson moved to waive the reading by title and approve
the resolution. The motion was seconded by Mr. Spahn
and passed unanimously, said resolution is entitled:
RESOLUTION NO. 783-85
A RESOLUTION APPROVING AND AUTHORIZING THE FLORIDA
DEPARTMENT OF REVENUE IN ACCORDANCE WITH RULE
12-10.09 (F.A.C.) TO DESIGNATE A BANK TO RECEIVE
THE LOCAL GOVERNMENT HALF -CENT SALES TAX STATE
WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO
WIRE TRANSFER SAID LOCAL GOVERNMENT HALF -CENT SALES
TAX TO A BANK DESIGNATED BY MIAMI SHORES VILLAGE TO
RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE
BANK DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE
TO DEDUCT THE COST OF THE WIRE TRANSFER FROM THE
AMOUNT RECEIVED FOR TRANSFER.
VILLAGE MANAGER'S REPORT.
(a) Country Club Membership.
(b) Country Club Financial reports.
(c)
(d)
ANNOUNCEMENTS.
(a)
(b)
(c)
(d)
(e)
3/19/85
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Investment report.
Reported that we are putting medical insurance on
our fiscal year basis and have received an increase in
the premium for independent coverage from IMC which
will have an impact on those carrying dependent coverage
but not on the city.
Dade Co. Commissioner Winn will be at the Village Hall
on 3/20/85, 5:30 to 7 p.m.
Circus Day in Miami Shores 3/23/85.
M. S. Women's Club fashion show 3/26/85.
Public Forum to meet the candidates 4/3/85.
Council election 4/9/85.
COUNCIL COMMENTS.
Mr. Spahn asked that the new Downtown Revitalization Board get
public input and thenget something on paper; also take up
the issue of the $40,000.
Mr. Lodge agreed with this and added that the $40,000 is
intended for the good of all the community.
Mrs. Jensen wanted to set the record straight on a rumor she
had heard concerning her endorsement of one of the Council
candidates.
Mr. Cuson concurred that there are many rumors and asked people
to call him if they wanted to know what is going on.
PUBLIC COMMENT. None
ADJOURNMENT, 9:00 p.m.
A PROVE
Kevin O'Connor
Mayor
Village Clerk