12-17-1985 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
December 17, 1985
The regular meeting of the Miami Shores Village Council
was held on December 17, 1985 at Village Hall, commencing at
7:30p.m., with the following members present:
Mayor Karen Kirby
Robert S. Butler, Jr.
Kevin P. O'Connor
Elspeth Jensen
Marty Stofik
Also Present: L.R. Forney, Jr., Village Manager
William F. Fann, Jr., Village Attorney
The meeting was opened with an invocation given by
Reverend David Snyder of Miami Shores Christian Church, followed
by the Pledge of Allegiance.
MINUTES.
(a) Council Meeting of December 3, 1985 -Mrs. Stofik moved to
approve the minutes as written, seconded by Mr. O'Connor
and passed unanimously.
Receipt acknowledged:
(b) Planning & Zoning Board 12/12/85.
(c) Recreation Advisory Committee 12/9/85.
(d) Code Enforcement Board 12/5/85.
(e) Downtown Revitalization Board 12/12/85, 12/5/85, and 11/4/85.
Mayor Kirby requested that the last paragraph of the addendum
to the minutes of the 11/4/85 be deleted.
(f) Pension Board 11/19/85.
(g) Fine Arts Commission 11/11/85.
PLANNING & ZONING BOARD APPROVALS/DENIALS.
(a) Gordon request for approval of plans for retail
store building, Item 2, 12/12/85.
Mr. Frank LuBien, Director of Building & Zoning, explained
that the site plans for Mr. Gordon's new building had been reviewed
again by the Planning & Zoning Board per Council's request at the
last meeting. The plans were approved by the Board in compliance
with Section 225 of the Miami Shores Village Code of Ordinances.
Mr. Gordon resubmitted revised plans and no variance was required
for application of wood trim to the building.
Dr. Butler moved to uphold the decision of the Planning &
Zoning Board, seconded by Mrs. Stofik and passed unanimously.
(b) Gaspard request for approval of land without a plat,
Item 4, 12/12/85.
Mr. LuBien reported that in order to comply with County
requirements an official division of land (waiver of plat) must be
approved by Council. The Planning & Zoning Board approved the
request.
Mr. O'Connor moved to approve Mr. Gaspard's request
regarding the division of land without a plat, seconded by
Mrs. Stofik and passed unanimously.
(c) Milo Corporation request for approval of plans for
a retail store, Item 6, 12/12/85.
Mr. LuBien explained this request required Council
approval concerning a change of use in a B-2 zone and approval
of a sign. The request establishes use in a B-2 zone for the
sale of beauty, barber supplies and equipment to licensed
professionals.
A motion was made by Mrs. Stofik to uphold the decision
of the Planning & Zoning Board approving Milo Corporation's request,
seconded by Mr. O'Connor and passed unanimously.
(d) Eisenberg request for approval of plans for
T.V. Sales & Service, Item 7, 12/12/85.
Mr. LuBien explained that the request was for approval
of plans to establish use for T.V. Sales & Service in a B-2 zone.
Mr. O'Connor moved to approve the Eisenberg request,
seconded by Mrs. Stofik and passed unanimously.
(e) Abdella request for approval of plans for
flat roof addition, Item 10, 12/12/85.
Mayor Kirby explained that this request involved granting
a variance which had been approved by the Planning & Zoning Board.
The request was for a flat roof addition to an existing flat roof
area.
A motion was made by Mr. O'Connor to uphold the Planning
and Zoning Board decision granting the variance, seconded by
Dr. Butler.
Mr. LuBien reported that the variance was for an additional
68 square feet beyond what the Code allowed. This would permit a
beam to be placed at the side of a sliding glass door rather than in
the middle of it.
After discussion, Council unanimously approved the motion.
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RESOLUTION EXTENDING THE LIFE OF THE REVENUE COMMITTEE.
Mayor Kirby stated the Revenue Committee was scheduled
to go out of existence on January 2, 1986. The purpose of the
Committee over the past six months had been to study alternative
revenue sources for Miami Shores. At a joint Council -Revenue
Committee Workshop held on November 25, 1985, Council reached
a consensus to continue this Committee.
Mrs. Stofik moved to adopt a resolution extending the
life of the Revenue Committee from January 2, 1986 to January 2,
1987. The motion was seconded by Dr. Butler.
Dr. Butler requested that Council direct the Revenue
Committee to narrow down the alternatives presented to Council
at the Workshop meeting. The Council reached a general agree-
ment to have a meeting with the Committee in January, 1986.
The motion adopting the resolution passed unanimously.
The resolution reads:
RESOLUTION NO. 796-85
A RESOLUTION EXTENDING THE LIFE OF THE COMMITTEE
TO REVIEW AND IDENTIFY THE DEVELOPMENT AND
EXPANSION OF REVENUE SOURCES AND CHANGING ITS
COMPOSITION.
RESOLUTION SUPPORTING MAIN STREET PROGRAM.
In a report to Council, Mr. Forney outlined a request
by the Downtown Revitalization Board for a resolution indicating
continued Council support of the Main Street Program for an
additional two-year period. The resolution is intended to show
Council's commitment to financial support of the Main Street
Program. This resolution would be incorporated into the
application for the Main Street Program.
Mrs. Stofik moved to adopt the resolution, seconded
by Dr. Butler.
In the discussion that followed, Mrs. Jensen stated
she was opposed to supporting the resolution based on the
financial commitment involved in paying a project manager.
Mayor Kirby was opposed to committing the Council to
public funding of the Main Street Program.
The following citizens voiced their opinions opposing
the resolution: Mr. Mel Roberts, Mr. Edgar Bundy, Mr. Joe Lodge,
Mrs. Betty Phoenix, Mr. Arthur Taylor, Mr. Edgar Harringon and
Mr. John Kirby.
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Mr. Franklin Grau, Chairman of Downtown Revitalization
Board, and Mrs. Barbara North -Burton, a member of the Board,
elaborated on the importance of Council supporting this
resolution.
Mr. O'Connor supported the resolution because he
believed Council had a responsibility to take the lead in
endorsing the Downtown Revitalization effort.
Dr. Butler was in favor of the resolution since it
reinforced Council support for the Main Street Program.
Mrs. Stofik favored the resolution because it showed
Council support for the Downtown Revitalization Board's effort
to encourage downtown development.
Mr. O'Connor, Dr. Butler, and Mrs. Stofik emphasized
that the resolution did not lock Council into any long term
financial commitment.
On a roll call vote of 3/2, the resolution passed
with Mayor Kirby and Mrs. Jensen dissenting.
The resolution is entitled:
RESOLUTION NO. 797-85
A RESOLUTION AFFIRMING MIAMI SHORES VILLAGE
COUNCIL SUPPORT OF THE MAIN STREET PROGRAM
FOR AN ADDITIONAL TWO-YEAR PERIOD.
A five minute recess was taken at 9:10p.m.
APPROVAL TO PURCHASE VILLAGE HALL COPY MACHINE.
Mr. Forney explained that the reliability of the old
copier machine had deteriorated to the point it was no longer
economical to operate. The best price available through the
state bid was for a copier at $9,650.00 with the trade-in of
the old copier machine from A. Leon Business Machines, Inc.
Mr. Forney requested Council authorize to expend $9,650.00
from the Federal Revenue Sharing Budget to purchase the copy
machine from A. Leon Business Machines, Inc.
Mrs. Stofik moved to approve the bid for the copy
machine purchase, seconded by Dr. Butler and passed unanimously.
AWARD OF BID FOR TENNIS COURT RESURFACING.
Mr. Forney emphasized the importance of resurfacing
the six clay courts at the Country Club. Bids were solicited
from five vendors. Two vendors submitted bids that met speci-
fications. It was recommended that Council approve the low
bid of $8,294.50 received by Tennis Supply.
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Mr. O'Connor moved to award the bid of $8,294.50
to Tennis Supply, seconded by Mrs. Stofik and passed unani-
mously.
AWARD OF GRAND CONCOURSE DRAIN CONTRACT.
In a report to Council, Mr. Forney explained the
critical condition of the drains located on Grand Concourse.
On the advice of engineers, no work was performed on the
drains last year in order to have a bigger package done at
one time, The package recommended would mean completing
repairs on the worst seven of the seventeen drains. Bids
were received from three vendors. Alfred Lloyd & Sons had
the lowest bid, but failed to meet specs. Mr. Forney
recommended awarding the bid to Rose Septic Tank Company
in the amount of $55,025.00.
A motion was made by Mrs. Jensen to appropriate
$55,025.00 to Rose Septic Tank Company for the drainage
system on Grand Concourse, seconded by Dr. Butler and passed
unanimously.
DISCUSSION OF REQUIREMENTS FOR RESIDENT MEMBERSHIPS
IN THE COUNTRY CLUB.
Mayor Kirby stated her concern over the fact that
non-residents who own property in Miami Shores are not per-
mitted to become resident members at the Country Club.
Mr. Fann explained that by Council decision some
nine to ten years ago resident memberships are restricted to
those persons who actually reside in Miami Shores.
Dr. Butler and Mrs. Stofik discussed the possibility
of having to create a new membership category in order to per-
mit non-resident property owners of Miami Shores to become
resident members at the Country Club.
After discussion, Council reached a consensus to
refer the issue of determining whether non-resident property
owners should qualify for resident memberships at the Country
Club to the Country Club Advisory Board for a recommendation.
VILLAGE MANAGER'S REPORT.
(a) Club Financial Report.
Mr. Forney reviewed his memorandum to Council
regarding the Country Club statement of revenue expenses.
For year-to-date ending November 30, 1985, the Club showed
a net loss of $57,310 compared to a loss of $14,833 last year.
The loss was attributed to a decrease in membership coupled
with an increase in dining room costs, personnel, insurance,
maintenance and administrative costs. A favorable aspect of
the report was dining room sales were up by 22% over the same
period last year.
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Mayor Kirby asked to review a breakdown of the
actual expenses incurred at the Country Club and the income
tax report filed quarterly (Form 941) for the period July to
September, 1985.
Mrs. Stofik requested the Finance Director to provide
Council with a listing of the total amount of the $200 minimum
dining room fees that had been used by members to date.
(b) Country Club Membership Report.
(c) Investment Report.
(d) Waiver granted for commercial film license.
Mr. Forney explained that a waiver had been granted
to Ms. Suzanne Spear of 9325 N. Bayshore Drive in accordance
with Section 19, Chapter 13, Paragraph (G) 6, Code of Ordinances
concerning licensing commercial film production.
The waiver was from the requirement of thirty (30)
days inactivity between film occurrences at a.given location.
The ten (10) day waiver was granted at the request Mrs. Mary
Lee Lander of the Dade County Film Coordination office as
being in the best interest of the County and Village.
(e) Mr. Forney announced that there was a vacancy on the
Beautification Committee due to the resignation of
Mrs. Julia Richards.
(f) Mr. Forney outlined a letter and petition from Mr. Frank
Wolland, the attorney for Mr. Thomas Porter, requesting
Council to place the item on the agenda.
Mr. O'Connor moved to place on the agenda as an
emergency item Mr. Porter's request for approval of a petition
as to form, seconded by Dr. Butler and passed unanimously.
Mr. O'Connor moved to approve the petition as to
form in conformance to the Village Attorney's approval,
seconded by Dr. Butler and passed unanimously. The request
for approval as to form of the petition was presented under
the Charter provisions relating to initiative. The petition
requests a change in the zoning ordinance to increase side
and backyard fence heights from five to six feet.
ANNOUNCEMENTS.
(a) Christmas tree lighting, Wednesday, December 18th,
at 6:30p.m. at the Community Center, 9617 Park Drive.
(b) Village Hall offices will be closed Wednesday,
December 25th and January 1st to observe Christmas
Day and New Year's Day.
(c) New Year's Eve party at the Country Club on
December 31st at 7:OOp.m.
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COUNCIL COMMENTS.
Mrs. Stofik announced that the Library would hold
its annual open house on December 23rd from 10:OOa.m.-4:OOp.m.
Mr. O'Connor expressed appreciation to the entire
community for their support of his family during the trying
time that has followed the recent accident that involved his
two brothers.
Mayor Kirby wished everyone a Merry Christmas and
Happy New Year.
Dr. Butler offered condolences to the family of
Mr. James Reeder who served as a judge for the community
from 1941-1951.
Mrs. Jensen wished everyone a Happy holiday.
PUBLIC COMMENTS.
Mr. Bundy commented on the Council taking a serious
look at the options suggested by the Revenue Committee con-
cerning the Country Club operations.
ADJOURNMENT. 10:10p.m.
ATTEST: L.R. Forney, Jr.
Village Clerk
BY:
Randy L. Nutter
eput h Village Clerk
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Karen irby
Mayor