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09-04-1984 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL September 4, 1984 The regular meeting of the Miami Shores Village Council was held on September 4, 1984, at the Village Hall, commencing at 7:30 p.m., with the following Council members present: Mayor Kevin O'Connor Elspeth Jensen (arrived late) Robert J. Lodge Herbert Spahn, Jr. Terry Cuson Also present: L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened by Mayor O'Connor who called for a moment of silence in observance of the death of a former Mayor, Don Nicholson, which was followed by the Pledge of Allegiance. MINUTES: —tea) Council meeting 8/21/84 - approved by motion made by Mr. Cuson, seconded by Mr. Lodge and carried. Receipt was acknowledge of the following: (b) Pension Board meeting 8/24/84. (c) Planning & Zoning Board 8/23/84. (d) Recreation Advisory Committee 8/13/84. ORDINANCE FOR UTILITY TAX INCREASE - 2nd and final reading. Mr. Cuson moved that the ordinance be adopted. The motion was seconded by Mr. Lodge. Mr. Forney explained that the change that was approved at the last meeting establishes the tax at 10% on the first $100.00 and 5% on everything over $100.00. Upon vote the ordinance was passed by a 3/1 vote with Mayor O'Connor dissenting and Mrs. Jensen absent. Mayor O'Connor explained that he did not think the increase was great enough. Mayor O'Connor reported that Mrs. Jensen is not present as she is working at the polls. The utility tax ordinance is entitled: ORDINANCE NO. 469-84 AN ORDINANCE AMENDING SECTION 20-20, ARTICLE II, MIAMI SHORES VILLAGE CODE OF ORDINANCES; INCREASING THE UTILITY TAX RATE; PROVIDING EFFECTIVE DATE. 9/4/84 -2- ORDINANCE ON FISHING AT BAYFRONT PARK - 1st reading. The effect of the ordinance was to prohibit fishing from sunset to sunrise. Mr. Cuson moved approval of the ordinance. Mr. Spahn seconded the motion for discussion. Mr. Lodge stated that the neighbors were disturbed about the fishing and were afraid of the people who are coming into the area for security reasons, that he is against the ordinance. Mr. Lodge also called attention to the petition that was received in opposition to the fishing. Mr. Cuson stated that he didn't think the fishing was the issue, that he could support closing the park at 10 p.m., allowing only children under 16 to fish but he did not want to deny children the right to fish there. Mr. Douglas Cutchens, who circulated the petition, thought that the fishing for children was out -weighed by the negative aspects of the security problem. Various area residents spoke about the questionable people in and around the park, the noise, profanity, drinking, etc. that detract from the amenities of the community. Mr. Cuson stated that because of the great public concern he would offer an amendment to the ordinance to close the park at 10 p.m. and prohibit consumption of alcoholic beverages on any portion of the park. Mayor O'Connor stated that because of the overwhelming majority being against the fishing he would support a total ban. After unsuccessful amended motions closing the park at 10 p.m., no alcoholic beverages and no parking after 10 p.m., Mr. Lodge moved that fishing not be permitted at any time in the park, that alcoholic beverages not be permitted at any time and that parking not be permitted after the park is closed at 10 p.m. Mayor O'Connor passed the gavel to Mr. Cuson and seconded the motion. The vote was called with the following results: Mr. Spahn Yes Mr. Lodge Yes Mr. O'Connor Yes Mr. Cuson No The motion passed approving on first reading an ordinance banning fishing and use of the park as stipulated with the second and final reading postponed until the first meeting in October, at the request of Mr. Lodge. 9/4/84 -3- RESOLUTION APPROVING HISTORIC PRESERVATION GRANT In a report to Council Mr. Forney advised that a $1500.00 grant can be secured from the State to assist in the inventory of our historic preservation properties. He recommended adoption of the resolution approving the Grant Award Agreement. The resolution was unanimously approved by motion made by Mr. Lodge and seconded by Mr. Spahn; said resolution is entitled: RESOLUTION NO. 772-84 A RESOLUTION APPROVING THE HISTORIC PRESERVATION GRANT AWARD AGREEMENT. Mrs. Jensen arrived at this time. CORPORATE CLUB MEMBERSHIP FOR THE JOCKEY CLUB. Mr. Forney recommended approval of a corporate membership in the Country Club requested by the Jockey Club for use by their transient guests. Mr. Lodge moved approval of the membership. The motion was seconded by Mr. Cuson. At the suggestion of Mr. Spahn Mr. Lodge moved to amend the golf agreement to include Item 7. to exclude residents from this membership. The motion was seconded by Mr. Cuson and passed unanimously. Mr. Spahn asked if we will keep separate records on these guests and Mr. Forney said yes. The corporate membership agreement as amended was then approved unanimously. REPORT OF DOWNTOWN REVITALIZATION BOARD. Mr. Franklin Grau, Chairman of the Downtown Board, presented the Council with a copy of the Board's ideas for creating a special taxing district on N. E. 2nd Avenue, increasing the business area by re -zoning, increasing height of buildings, permitting liquor licenses, creating a permanent board with its own development manager and other suggestions. Mr. Lodge recommended that a special workshop be set up with the Planning & Zoning Board and the Downtown Revitaliza- tion Board. The Village Manager will set this up and give notice to the public. APPROV 9/4/84 -4- VILLAGE MANAGER'S REPORT. (a) Extension of liability insurance coverage for another year. Mr. Forney recommended continuing another year with our current carriers and consider a Risk Management study next year. Mr. Cuson moved approval of another year with our current carriers. The motion was seconded by Mr. Spahn and passed unanimously. (b) Medical insurance plan - Mr. Forney reported that he is receiving proposals on other types of medical coverage to offer the employees along with the present HMO policy. ANNOUNCEMENTS. (a) Public hearings on the budget - Thursday, September 6 & Wednesday, September 12, 7:30 p.m., at the Community Center. Copies of the budget are available at the Village Hall. COUNCIL COMMENTS. Mr. Lodge stated he is not against fishing as evidenced by a recent fishing trip with the Mayor. Mrs. Jensen commented on the small turnout at her voting precinct. Mr. Cuson commended the Downtown Redevelopment Board on their report and added that he was disappointed in the fishing outcome. Mayor O'Connor commended the Downtown Board for their participation in the Executive Relocation program. ADJOURNMENT: 9:20 p.m. evin O'Connor Mayor Vi lage Clerk