Loading...
09-20-1983 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL September 20, 1983 The regular meeting of the Miami Shores Village Council was held on September 20, 1983, 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. Approximately 60 Village residents The meeting was opened with an invocation given by Rev. Elwood Lodge of the Miami Shores Baptist Church, in the absence of a representative of the Presbyterian Church. This was followed by the Pledge of Allegiance. MINUTES: (a) Council meeting 9/6/83 - approved by motion made by Mr. Lodge, seconded by Mr. Cuson and passed unanimously. (b) Budget Hearing 9/8/83 - approved by motion made by Mr. Cuson, seconded by Mrs. Jensen and passed unanimously. (c) Budget Hearing 9/14/83 - approved by motion made by Mr. Cuson, seconded by Mrs. Jensen and passed unanimously. PRESENTATION OF CITIZENS PETITION CONCERNING MR. GROCER. Mayor O'Connor explained how this matter came to the Council and reviewed the chronology of events concerning a; proposeduse of the property at 9899 N. E. 2nd Avenue by Mr. Grocer (new owner) for a convenience store with the sale of gasoline. Mr. Edward Harrigan, 260 N. E. 99th Street, who had requested that this item be put on the agenda for presentation of a citizens petition asking that the Council reconsider its approval of this use, yielded the floor to Attorney Henry T. Courtney, 438 Grand Concourse. Mr. Courtney stated that he had been asked to appear by concerned citizens and made the following points in their behalf: (1) Very few residents knew of the proposal prior to its discussion. (2) If they had known they would have objected. (3) There is a Miami Shores ordinance in effect that pro- hibits the sale of alcoholic beverages at the same location as the sale of gasoline. (4) The establishment of such a store in Miami Shores 9/20/83 -2- would not be conducive to the property in Miami Shores, with loitering and sale of beer to minors. (5) That it would set a bad precedent for the Shores and thoughtthe ordinance should be enforced. (6) Over 775 residents have signed the petition that was circulated by a few people within 4 weeks' time. Mr. Donald McIntosh, as an opponent of this use, discussed Village ordinances dealing with distance between places of business selling alcoholic beverages, pointing out the proximity of the Village Liquor Store to the Provider Grocery Store, as well as other restrictions in the Village Code. After further discussion by interested parties Mr. Lodge moved that the Council overturn the previous decision and that the permitted use be denied. This motion was seconded by Mr. Cuson but withdrawn after advice from Village Attorney Fann that the Council not take action on this agenda item as presented. Mr. Lodge's motion to put this on the next agenda was ruled out of order by the Chair, and the Council accepted Mr. Spahn's suggestion that the administration advise the Council on the status of our ordinances prior to any further action. Following the above item of business Mayor O'Connor called an intermission and the meeting re -convened at 8:50 p.m. RATIFICATION OF A NEW CONTRACT WITH THE FEDERATION OF PUBLIC EMPLOYEES. Mr. Forney reported that the union had rejected the proposed contract and therefore this item should be removed from the agenda. COUNCIL APPOINTMENTS: Planning & Zoning Board - 3 members The following nominations were made: J. Leslie Wiesen Pat Duffy Arthur Taylor Robert Stobs Gaggstatter As the result of a ballot vote the following were appointed to a twos -year term on the Planning & Zoning Board: Mr. Robert Stobs Mr. Leslie Wiesen Mr. Patrick Duffy Pension Board - 3 members The following nominations were made: William H. Walker Antoinette Vigneron Sam Michels Joseph Gionfriddo 9/20/83 -3- PENSION BOARD (contd.) On a ballot vote the following were appointed to a two-year term on the Pension Board: Mr. William H. Walker Mr. Sam Michels Ms. Antoinette Vigneron CODE ENFORCEMENT BOARD - two members The following nominations were made: Arthur Taylor H. D. Gaggstatter Barry K. Asmus Eugene Fabian On a ballot vote the following were appointed to a two-year term on the Code Enforcement Board: Mr. Arthur Taylor Mr. Barry K. Asmus HISTORIC PRESERVATION BOARD - three members The following nominations were made: Marty Stofik Ralph Renick Richard Johnson H. D. Gaggstatter On a ballot vote the following were appointed to a two-year term on the Historic Preservation Board: Ms. Marty Stofik Mr. Ralph Renick Mr. H. D. Gaggstatter, Jr. RECREATION ADVISORY COMMITTEE - three members The following nominations were made: Marty Mennes Charles Sammons Ed Abdella The three persons nominated were appointed by acclamation. COUNTRY CLUB ADVISORY BOARD - two members The following nominations were made: Betty Phoenix Marilyn Charles Stanley Palmer On a ballot vote the following were appointed to a two-year term on the Country Club Advisory Board: Mrs. Marilyn Charles Mr. Stanley Palmer PERSONNEL APPEALS BOARD - 5 members The following persons were nominated and appointed for a one year term by acclamation: Mr. T. M. Dakin Mr. Robert H. Wiggins Mr. Robert H. Davis, Jr. Dr. J. P. Koreck, Jr. Mr. Carl Paxton, Jr. 9/20/83 - 4 - PROPOSAL FOR LANDSCAPE CONSULTING SERVICES. In a report to Council Mr. Forney recommended acceptance of a proposal from Stresau Smith and Stresau to update our street tree master plan, at a cost of $3,230.00. Mr. Lodge moved that $3,230.00 be appropriated, as requested, from Federal Revenue Sharing money, for the services of Stresau Smith & Stresau. The motion was seconded by Mr. Cuson and passed unanimously. CONSIDERATION OF MEMBERSHIP IN GREATER MIAMI CHAMBER OF COMMERCE. Mr. Lodge moved that the Council appropriate whatever funds are necessary up to $2,000 for the membership. Mayor O'Connor turned the gavel over to Mrs. Jensen and seconded the motion. Both Mr. Cuson and Mr. Spahn felt that the realtors and business people should participate in the membership. Ms. Joan Hall, 372 N. E. 98th St., wanted to promote the membership in the Greater Miami Chamber, thought the money should be provided immediately and offered to contact businesses in the Shores for contributions to the membership. It was reported that $350.00 had already been pledged. Mr. Cuson suggested that the Village allocate $1,000 of matching money. Mr. Lodge amended his motion to appropriate sufficient funds to join the Greater Miami Chamber of Commerce and to defray back to $1,000 this expense as additional funds are solicited. Mayor O'Connor seconded this amended motion. In the discussion that followed Mr. Spahn moved to table the item for two weeks to try to raise matching funds. The motion was seconded by Mrs. Jensen but failed to carry by a 2/3 vote with Messrs. Cuson, Lodge and O'Connor dissenting. offered an amendment to the original motion Mrs. Jensen/\ that the Village be limited to an expenditure of $1,000.00 for the membership. This was not accepted and a vote was called on Mr. Lodge's amended motion with the following results: Mr. Cuson No Mrs. Jensen No Mr. Lodge Yes Mr. Spahn No Mayor O'Connor Yes The motion failed 2/3. Mrs. Jensen then moved that the Village contribute $1,000.00 for membership in the Greater Miami Chamber of Commerce. The motion was seconded by Mr. Cuson and passed 4/1 with Mayor O'Connor dissenting. 9/20/83 -5- CONSIDERATION OF AGREEMENT WITH SHERATON BAL HARBOUR. Mr. Forney presented the Club Manager's outline of the agreement with the Sheraton Bal Harbour for golfing privileges, and recommended its approval. It was further reported that the Country Club Advisory Board had approved this agreement. Mr. Cuson moved for approval of the agreement as presented. Mr. Spahn seconded the motion with the stipula- tion that the Village Attorney review the agreement and that the corporate membership be provided by ordinance. The motion was then passed unanimously. RESOLUTION RE-ESTABLISHING A BEAUTIFICATION ADVISORY COMMITTEE WITH PROVISION FOR REMOVAL OF MEMBERS. Mr. Lodge moved approval of this resolution. The motion was seconded by Mr. Cuson and passed 4/1 with Mrs. Jensen dissent- ing. The resolution is entitled: RESOLUTION NO. 768-83 A RESOLUTION RE-ESTABLISHING A BEAUTIFICA- TION ADVISORY COMMITTEE, PROVIDING FOR REMOVAL OF MEMBERS, AND REPEALING RESOLU- TION NO. 748-83. ORDINANCE AMENDING CODE FOR REMOVAL OF PLANNING BOARD MEMBERS. Following a first reading of the ordinance by title only Mr. Lodge moved that it be approved on first reading. The motion was seconded by Mr. Cuson and passed 4/1 with Mrs. Jensen dissenting. ORDINANCE AMENDING CODE FOR REMOVAL OF PENSION BOARD MEMBERS. Following first reading of the ordinance by title only Mr. Cuson moved that it be approved. The motion was seconded by Mr. Lodge and passed 4/1 with Mrs. Jensen dissenting. ORDINANCE AMENDING CODE FOR REMOVAL OF PERSONNEL APPEALS BOARD MEMBERS. Following first reading by title only Mr. Cuson moved approval of the ordinance on first reading. The motion was seconded by Mr. Spahn and passed 4/1 with Mrs. Jensen dissenting. ORDINANCE AMENDING CODE FOR REMOVAL OF COUNTRY CLUB ADVISORY BOARD MEMBERS. Mr. Cuson moved approval on first reading. The motion was seconded by Mr. Spahn and passed 4/1 with Mrs. Jensen dissenting. 9/20/83 - 6 - ORDINANCE AMENDING CODE FOR REMOVAL OF RECREATION ADVISORY COMMITTEE MEMBERS. Mr. Spahn moved approval on first reading. The motion was seconded by Mr. Cuson and passed 4/1 with Mrs. Jensen dissenting. ORDINANCE AMENDING CODE FOR REMOVAL OF HISTORIC PRESERVATION BOARD MEMBERS. Mr. Lodge moved approval of the ordinance on first reading. The motion was seconded by Mr. Cuson and passed 4/1 with Mrs. Jensen dissenting. ORDINANCE AMENDING CODE FOR REMOVAL OF LIBRARY BOARD DIRECTORS. Mr. Cuson moved approval of the ordinance on first reading. The motion was seconded by Mr. Lodge and passed 4/1 with Mrs. Jensen dissenting. VILLAGE MANAGER'S REPORT. (a) Investment report - presented. (b) Country Club financial reports - presented. In referring to the delay on the ratification of the FPE contract Mr. Forney requested that the workshop on the new pay plan be deferred until October 11, 1983. ANNOUNCEMENTS: (a) UNITY DAY, 9/24/83, beginning at 10 a.m. (b) OPEN HOUSE, 9/24/83, at Police Station 12 -3 -p.m. (c) Beginning Oct 3, KIDS ON THE MOVE - report by Recreation Director. COUNCIL COMMENTS: Mr. Cuson complimented the citizens who showed up for the meeting tonight. Mrs. Jensen warned those who serve on Village boards/committees that they can be fired. PUBLIC COMMENT: Mrs. Marty Stofik, Chairman of the Historic Preservation Board, had on display one of the new bronze historic landmark plaques. ADJOURNEMENT: 10:15 p.m. APP.'OVED: Ke i n O'Connor Mayor Village Clerk