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02-05-1985 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL February 5, 1985 The regular meeting of the Miami Shores Village Council was held on February 5, 1985, 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., Village Attorney Between 50-60 residents, petitioners and press. The meeting was opened with an invocation given by Dr. Harold Davenport of the Miami Shores Community Church, followed by the Pledge of Allegiance. MINUTES. (a) Council meeting of 1/15/85 - Mr. Lodge moved that the minutes be approved. The motion was seconded by Mr. Cuson. Mrs. Jensen asked that the statement she made on Page 5. concerning the Main Street Program be clarified to indicate that it was made on behalf of Maj. Bundy whose allotted time had elapsed. The minutes were then passed with this notation. Receipt acknowledged: (b) Recreation Advisory Committee 1/14/85. (c) Pension Board 1/16/85 and 1/23/85. (d) Beautification Committee 1/23/85. (e) Planning & Zoning Board 1/24/85. (f) Advisory Board on Handicapped Services 1/29/85. APPOINTMENT TO COUNTRY CLUB ADVISORY BOARD. Mr. Lodge wanted to consider this item after moving on the ordinanceincreasing the number of members on the board and moved to take this up after Item 4(c). The motion was seconded by Mr. Cuson and passed 3/2. ORDINANCE CREATING SEVEN MEMBER COUNTRY CLUB ADVISORY BOARD, first reading. The amendment to the Code was read and approved on first reading by motion made by Mr. Lodge, seconded by Mr. Cuson and passed unanimously. It was agreed to add the new members following final adoption of the ordinance and fill only the current vacancy at this time. 2/5/85 -2- APPOINTMENT TO COUNTRY CLUB ADVISORY BOARD. The following Club members applied to fill the current vacancy on the Club Advisory Board: Charles E. Leeds Peter W. Bellows James H. Meyer Frank Woodruff Jack J. Rengstl On a ballot vote Mr. Charles Leeds received the appointment with three affirmative votes. ORDINANCE CREATING A DOWNTOWN REVITALIZATION BOARD - second reading. Mr. Cuson moved that the ordinance be approved on second reading. The motion was seconded by Mr. Lodge. Mrs. Jensen presented petitions from Maj. Bundy bearing signa- tures of 251 persons objecting to the ordinance. Mr. Forney reported that as a result of a meeting with the Mayor and concerned citizens some rewording had been made to the ordinance after first reading which was done for clarifica- tion without causing substantive change to the ordinance. The changes in the ordinance were reviewed. Mrs. Jensen moved to add the word "advisory" to the board. The motion failed for lack of a second. Mrs. Jensen stated under Section 3 a. that the members should have qualifications. No action was taken on this suggestion. Under Section 3 c. Mrs. Jensen moved that minutes of the meetings shall be duly recorded and presented to the Council. This motion was seconded by Mr. Cuson and passed unanimously. Under Section 4 b.(5) as to landscaping, Mrs. Jensen moved that this be deleted and the responsibility continued under the Beautification Committee. The motion was seconded by Mr. Lodge. After discussion as to who should have the final word on landscaping the motion was withdrawn with no change made. Concerning Section 4 d. on review of building permits, variances and land use changes, Mrs. Jensen moved to eliminate this paragraph because, she stated, the board is not qualified to do this. The motion was seconded by Mr. Cuson but failed on a 1/4 vote. Mr. Cuson moved to accept the amended ordinance as proposed. The motion was seconded by Mr. Lodge. Mayor O'Connor reported on the meeting with the individuals 2/5/85 -3- who were concerned with this issue. He stated this is a compromise and everyone is reasonably satisfied. Mrs. Jensen asked why the revisions weren't considered until the people went around getting petitions. Mr. Spahn agreed that time was wasted on the report and probably it had not been presented properly. Mr. Harrigan, 260 N. E. 99th St., spoke against the ordinance for reasons previously voiced. He referred to the possible loss of $44,000.00 in Federal Revenue Sharing; that we have already spent $7,000.00 on the project and now $40,000.00... which should be transferred to the Police Dept., as well as, the garbage and trash service which has been tampered with. Mayor O'Connor stated we are only discussing creation, of the Board at this time. Mr. Harrigan answered that he is concerned where the money will be needed the most. He added that certain citizens who were opposing this ordinance have now received notices of violations. Mr. Forney refuted the implication. Assuming the previous motions had been lost Mr. Cuson moved that the amendments to the Downtown ordinance be approved. The motion was seconded by Mr. Lodge and passed 4/1 with Mrs. Jensen dissenting. Mr. Cuson then moved that the amended ordinance be approved on second reading. The motion was seconded by Mr. Lodge and passed and adopted by a 4/1 vote with Mrs. Jensen dissenting. Said ordinance is entitled: ORDINANCE NO. 473-85 AN ORDINANCE ESTABLISHING A DOWNTOWN REVITAL- IZATION BOARD, SETTING ITS ORGANIZATION, POWERS AND DUTIES, SETTING FUNDING PROCEDURES, PROVID- ING SEVERABILITY AND AN EFFECTIVE DATE. ORDINANCE REGULATING DISH ANTENNAS, second reading. Mr. Lodge moved that the ordinance be approved on second reading. The motion was seconded by Mr. Lodge. In the discussion that followed it was stated that these regulations would not effect temporary antennas and that the landscaping required should not affect transmission. The ordinance was then unanimously passed and adopted, being entitled: ORDINANCE NO. 474-85 AN ORDINANCE AMENDING PARAGRAPH (c) OF SECTION 516 OF MIAMI SHORES VILLAGE ORDINANCE NO. 270; DEFINING AND AUTHORIZING DISH ANTENNAS; LIMITING NUMBER, SIZE AND LOCATION THEREOF; REQUIRING SCREENING, MAINTENANCE AND PERMIT; EXCEPTING CERTAIN DISH ANTENNAS; PROVIDING SEVERABILITY CLAUSE AND EFFECTIVE DATE. 2/5/85 -4- A recess was called and the meeting reconvened at 8:45 p.m. ORDINANCE REMOVING PROHIBITION ON ISSUANCE OF PERMITS FOR CONSUMPTION ON PREMISES OF ALCOHOLIC BEVERAGES, first reading. This ordinance was proposed to permit the sale of beer and wine for consumption on the premises at Barry University, as approved by the Planning & Zoning Board. The ordinance was read by title and Mr. Lodge moved that it be approved on first reading. The motion was seconded by Mr. Spahn. Mr. Cuson stated he had a "conflict of interest" in the matter because he is employed by the petitioner, Barry University. Mrs. Jensen called attention to the fact that no one was sent notification of the hearing and asked why they were not notified as was done in the past. Mr. Forney answered that in his judgment it did not require notices. The following are comments made by the immediate neighbors and/or proponents: Mr. Oswaldo Mena, 124 N.E. 111th St., stated that Barry does not care about the well being of the Shores or neighbors. There is no security on campus. If they are unable to enforce anything on campus, how can they enforce rules on drinking? Mr. George A. Kelley, 138 N.E. 111th St., stated that four nights a week they are disturbed by loud noise, that they cannot enjoy peace and quiet and that their property values have been hurt. Barry doesn't seem to care or try to control the students. Mr. Tom Brugger, 160 N. E. 111th St., stated that during the last two years they (his family) have became more apprehensive because of what is going on at Barry. He referred to the new dorm, 50 yeards from his property, which, he stated, is a degradation to the community. He felt this was inviting trouble and that we will have other requests for licenses up and down,2nd Avenue. Barbara Burton and Mr. Edward Harrigan spoke in favor of a rathskeller at Barry. Sr. Jeanne O'Laughlin, President of Barry University, assured the public that she is concerned about the neighbors and concerned about discipline on campus. The President of the Student Government stated that this would enhance the security of the students who have been going out to the Country Club where they could have more problems. 2/5/85 -5- After further discussion the motion passed 3/1, with the following votes cast: Mrs. Jensen No Mr. Lodge Yes Mr. Spahn Yes Mayor O'Connor Yes Mr. Cuson did not vote because of a conflict of interest. ORDINANCE PERMITTING THE SALE OF BEER & WINE FOR CONSUMPTION ON THE PREMISES IN THE S-1 (College) ZONE, first reading. Following a reading by title only Mr. Lodge moved that the ordinance be approved on first reading. The motion was seconded by Mr. Spahn and a roll call vote was taken with the following results: Mrs. Jensen No Mr. Lodge Yes Mr. Spahn Yes Mayor O'Connor Yes Mr. Cuson (no vote) The ordinance passed on first reading 3/1. MID -YEAR GENERAL MEMBERSHIP DINNER MEETING OF DADE LEAGUE OF CITIES - February 23, 1985, at the Sheraton River House. Mr. Cuson will attend in the absence of the Mayor. VILLAGE MANAGER'S REPORT. (a) January Budget Execution Review - In a report to Council Mr. Forney stated that with the exception of the Solid Waste Department all departments appear to be running on line. However, the Workmen's Compensation costs have increased substantially over the estimates made last year, necessitating a transfer of $57,977.00 from the fund balance in the General Fund and $6,831.00 from the Country Club Contingency Fund. Mr. Spahn moved that an appropriation of $57,977.00 be made from the General Fund. The motion was seconded by Mr. Lodge and passed unanimously. The rise in insurance costs was discussed with emphasis being made on looking into the Florida League self-insurance programs. The transfer of $6,831.00 from the Country Club Contingency was approved by motion made by Mr. Cuson, seconded by Mr. Spahn and passed unanimously. -6 - ANNOUNCEMENTS. (a) Mobile Crime Watch - started in January, additional volunteers needed. (b) Mayor's Task Force Ball - Feb. 16. (c) Open House and Art Exhibit - Feb. 17. (d) Art Auction at Country - Feb. 10. (e) Art Tour to North Miami Museum - Feb. 19. Mayor O'Connor announced that the Village Manager has been nominated President of the Dade County City Managers' Assoc. 2/5/85 COUNCIL COMMENTS. Mr. Spahn stated that Mr. Harrigan made allegations concerning selective code enforcement and asked the Village Manager to look into this. He also stated that there is a serious problem on 111th Street and asked that police patroling be stepped up between 10:00 p.m. and 2 a.m. to see if this will solve some of the problem. Mrs. Jensen felt the residents in the area should have been notified (in regard to Barry's petition). Mrs. Jensen also pointed out the lack of screening in front of the new dormitories. Mayor'0'Connor refuted the comments that our citizens are not informed. PUBLIC COMMENTS. Ms. Lillian Meyer, 910 N. E. 91st Terrace, petitioned the Council for assistance in closing off an easement that runs along the west side of her property which provides provides an undesirable egress into the area from the County. Ms. Meyer requested a street light and/or a fence. Mr. Forney was asked to look into the situation and report back to the Council. Mr. Cuson stated that County Commissioner Sherman Winn will be at Miami Shores on March 20 between 5 and 7 p.m. to hear concerns of our citizens and attention could be called to the condition of the County area abutting Miami Shores. Mr. Lodge suggested working with FPL to provide more light. ADJOURNMENT - 9:55 p.m. Village Clerk FORM 4 MEMORANDUM OF VOTING CONFLICT 51111 j J ED OF P pfT RECORDING MINUTIA L N —F7STT win N(i ADDR _ „ 9/ N$IDDLE N 1 l 'I l Ektizt 3313 r riar E OF AGENCY 'v Miami Shores Village AGENCY is unit of: ❑STATE COUNTY MUNICIPALITY DOTHER DATE ON SPECIFY PERSON 7.7ING MINUTES MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: • 2. Description of the personal, private, or professional interest you the spec vate gain of any principal by whom you are retained* / 17/4-e/e— ce///1//eq have in the above matter which inures to your special private gain or j 3. Perso or principal to wh i i the special gain described above will inure: ourse ( b. E Principal by whom ybu are retained* Sr. Jeanne O'Laughlin, President (NAME) SIGNAlUR / . DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE OR RE ORDING MINUTES OF THE MEETING AT WHICH THE V TE OCC RED: FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person ponsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be d merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 93,000. CE FORM 4 - REV. 12-79