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10-02-1984 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL October 2, 1984 The regular meeting of the Miami Shores Village Council was held on October 2, 1984, at the Village Hall, commencing at 7:30 p.m., with the following Council members present: Also present: Mayor Kevin O'Connor Elspeth Jensen (arrived late) Robert J. Lodge Herbert Spahn, Jr. Terry Cuson L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Rev. Tim Croft of the Miami Shores Presbyterian Church, followed by the Pledge of Allegiance. MINUTES: (a) Regular Council meeting 9/18/84 - approved as submitted by motion made by Mr. Cuson, seconded by Mr. Lodge and carried. Receipt acknowledged: (b) Pension Board 9/17/84. (c) Historic Preservation Board 9/17/84. (d) Recreation Advisory Committee 9/10/84. (e) Fine Arts Commission 9/4/84. (f) Country Club Advisory Board 9/12/84, 9/21/84. (g) Planning & Zoning Board 9/27/84. ORDINANCE ON FISHING BAN - 2nd and final reading. Because of Mrs. Jensen's absence Mr. Cuson moved to table this item until later in the meeting. The motion was seconded by Mr. Lodge and passed unanimously. PLANNING BOARD APPROVALS/DENIALS - Minutes 9/27/84, Item 3. At the meeting of September 27, 1984, the Planning Board recommended approval of a variance in side setback to construct an addition in line with the present nonconforming setback at the home of James M. Yates, 553 N.E. 101st Street. The Board cited it as a hardship variance based on Section 702 (A), (B) & (D) of the zoning ordinance. Mr. Lodge moved that the action of the Planning Board be upheld and the variance granted. The motion was seconded by Mr. Cuson and passed unanimously. HISTORIC PRESERVATION BOARD RECOMMENDATIONS. The following homes were recommended for Landmark -2 - designation: 10/2/84 (a) 361 N. E. 97th Street - Blackwell residence. Mr. Cuson moved that this home be approved as an Historic Landmark. The motion was seconded by Mr. Lodge and passed unanimously. (b) 273 N. E. 98th Street - Mr. Cuson moved approval for Landmark designation. The motion was seconded by Mr. Spahn and passed unanimously. (c) 29 N. E. 91st Street - Approved for Landmark designation by motion made by Mr. Cuson, seconded by Mr. Lodge and passed unanimously. RESIGNATION OF THOMAS NOVOTNY FROM DOWNTOWN REVITALIZATION BOARD. The resignation of Mr. Novotny from the Revitalization Board was presented to the Council and was accepted with appreciation for his service on that Board. Mr. Lodge moved that Ms. Marty Stofik be appointed to the unexpired term of Mr. Novotny. The motion was seconded by Mr. Spahn. Mr. Cuson was of the opinion that this opening should be publicized as has been done on all the other boards. The motion passed 3/1 with Mr. Cuson dissenting. REQUEST BY PALM BAY CLUB FOR CORPORATE MEMBERSHIP TO THE COUNTRY CLUB. In a report to Council Mr. Forney stated that the Palm Bay Club had requested a Corporate Membership in the Miami Shores Country Club, principally to handle their banquet business. Mr. Cuson moved approval of a Corporate Membership for the Palm Bay Club. The motion was seconded by Mr. Lodge and passed unanimously. ORDINANCE GRANTING FRANCHISE TO PEOPLES GAS SYSTEM - 1st reading. Mr. Forney reported that our gas franchise had not been renewed at its expiration in 1976 because the company had not been willing to make extensions of service within the Village. He felt this position only served to deny ourselves franchise revenue. However, he added, that since two of the street closings being considered have gas lines he recommended it be tabled at this time. Mr. Lodge moved that the franchise ordinance be tabled until such time as the gas line question can be clarified. The motion was seconded by Mr. Spahn and passed unanimously. TELEPHONE EQUIPMENT PURCHASE. Mr. Forney reported on securing bids for the purchase of our own 10/2/84 -3- telephone equipment. Nine different firms were contacted with three submitting proposals: Telecom Plus, Jarvis Corporation and AT&T, with the best proposal made by AT&T in the amount of $16,453.00. Mr. Forney recommended that we enter into a lease -purchase contract with AT&T over a four year period. Mr. Cuson moved that the. Council accept the Manager's recommendation. The motion was seconded by Mr. Spahn and passed unanimously. CONTRACTING GARBAGE AND TRASH. Mr. Forney requested that the Council authorize him to initiate spec's and seek proposals for contracting the garbage and trash service, due to the problems we are experiencing in the new routing. Mr. Lodge moved that the request of the Manager be approved. The motion was seconded by Mr. Spahn and passed unanimously. VILLAGE PAY AND CLASSIFICATION PLAN. In a report to Council Mr. Forney called attendion to an inequity in the pay and classification plan in regard to the Police Chief and the two Lieutenants. These positions have always received the same increase given to the PBA members but the pay plan has a maximum on the positions which eventually results in the lower officers reaching and exceeding the salary of a Lieutenant or Chief. It was Mr. Forney's recommendation that the Council authorize the removal of the Police Lieutenants and Chief from the Village Pay Plan with the understanding that their pay will be adjusted in accordance with the agreements reached with the PBA each year. Mr. Cuson moved that the Council approve the removal of the Chief and two Lieutenants from the Pay and Classification Plan. The motion was seconded by Mr. Lodge and passed unanimously. APPOINTMENTS TO RECREATION ADVISORY BOARD & COUNTRY CLUB ADVISORY BOARD. Mr. Spahn moved that this be tabled until Mrs. Jensen arrives. The motion was seconded by Mr. Lodge and passed unanimously. RECOMMENDATION ON BRIDGE FEES. Mrs. Jensen arrived during this discussion. A recommendation was made by the Recreation Director and confirmed by the Village Manager that the bridge groups at the Community Center be charged as listed under Option 2 of Mr. Varney's memo which establishes a fee of $2.00 a table for informal bridge groups and $3.00 a table for formal groups. Mr. Spahn moved approval of Option 2. The motion was 10/2/84 -4- seconded by Mr. Lodge and passed by four affirmative votes with Mrs. Jensen abstaining as she had not heard all the discussion. APPOINTMENTS - Recreation ^Advisory =Boards& Country C1 ub Advisory Board. Mr. Cuson moved that this be removed from the table. The motion was seconded by Mr. Spahn and passed unanimously. RECREATION ADVISORY BOARD - Nominations were made for Tom O'Connor and Jere Lehman, with Mr. O'Connor receiving a majority vote for the appointment. COUNTRY CLUB ADVISORY BOARD - Nominations were made for Eddie Swan and Charlie Leeds. Mr. Swan received a majority vote for the appointment. ORDINANCE ON FISHING BAN - 2nd and final reading. Mr. Cuson moved that it be removed from the table. The motion was seconded by Mr. Lodge and passed unanimously. Mr. Lodge moved that the the ordinance be passed as written. The motion was seconded by Mr. Spahn. Mrs. Jensen offered an amendment to the ordinance to allow young people under age 15 to fish. Mr. Cuson seconded the amendment. Discussion followed as to the legality of age limits on fishing and ownership of the land. The dedication on the plat was checked and the yi_1la;ge:Attdr'_►ey reported that the park was dedicated to the public the same as the streets and we do not have a proprietary interest in it. However, it was brought out that the Village has jurisdiction over the park area and through its Police powers can regulate use of the park. Mr. Fann added that the restrictions must be reasonable and cannot be arbitrary. In conclusion Mr. Fann advised that fishing restriction on certain people was not constitutional or enforceable. Mrs. Jensen declined to withdraw her amendment to the ordinance and upon vote it failed with four negative votes. The motion to adopt the ordinance was then discussed. Among those opposing the ordinance was Ms. Julie Williamson who presented a petition of 60 signatures who were against the ban on fishing and/or closing the park at 10:00 p.m. to pedestrians and cars. The residents in favor of the ban pointed out the nuisances and/or the hazards of fishing, of the parked cars, the fear of crime, the litter problem, the drinking and promiscuous behavior of the visitors to the park, etc. 10/2/84 -5- Mr. Cuson suggested a compromise to allow minors to fish during certain hours :but, finally accepted the ordinance if an effort is made to establish a fishing program for the children at the Recreation Center. A roll call vote was taken with the following results: Mr. Cuson Yes Mrs. Jensen No Mr. Lodge Yes Mr. Spahn Yes Mr. O'Connor No The ordinance was passed and adopted to become effective within 15 days and is entitled: ORDINANCE NO. 471-84 AN ORDINANCE AMENDING SECTION 14-34, CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORDA; RESTRICTING USE OF LAND DEDICATED TO THE PUBLIC LYING EAST OF NORTH BAYSHORE DRIVE AND NORTH OF NORTHEAST 94TH STREET; PRO- HIBITING FISHING THEREFROM AND POSSESSION OF ALCOHOLIC BEVERAGES THEREON; PROVIDING EFFEC- TIVE DATE. VILLAGE MANAGER'S REPORT. (a) Reported that the employees of the FPE were offered a 4% raise but they are demanding 8% and other benefits. (b) The paving program began today. (c) We have received another petition on closing of streets, ANNOUNCEMENTS. (a) Oct. 8, Columbus Day holiday, Village Hall closed. (b) Oct. 9, Community Center, 7:30, review of Downtown Revitalization report. (c) Unity Day, Oct. 20. (d) Optimist Barbecue, Oct. 24. COUNCIL COMMENTS. Mr. Cuson commended the Country Club on fast and efficient lunch service. Also announced that the Fine Arts will furnish a singer at the Club on Friday. Mrs. Jensen announced the Woman's Club Monte Carlo night at the Club on Nov. 3. PUBLIC COMMENTS. Mr. Vince Schafmeister reported that as a result of a letter sent by the Chamber of Commerce to Mr. Forney regarding traffic conditions on N. E. 2nd Avenue, ie. traffic lights and speeds, 10/2/84 -6- some changes have been made in the N. E. 2nd Ave. & 96th Street light as well as the light at 96th Street and 6th Avenue. ADJOURNMENT: 10:15 p.m. Kevin O'Connor Mayor Village Clerk