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
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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
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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
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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