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09-15-1987 Regular MeetingREGULAR MEETING MIAMi SHORES VILLAGE COUNCIL SEPTEMBER 15, 1987 The regular meeting of the Miami Shores Village Council was held on Tuesday, September 15, 1987, at the Community Center commencing at 7:30 p.m. with the following members present: Mayor Spero Canton Karen Kirby Robert S. Butler, Jr. Stephen Loffredo Marty Stofik Also present: Elly F. Johnson, Village Manager William F. Fann, Jr., Village Attorney The meeting began with Rev. Douglas White, Miami Shores Baptist Church, giving the .InvocatIon followed by the Pledge of Allegiance. Mr. Jim Condit, Chairman of the Constitution Bicentennial Commission, assisted by Miss Ann Vigneron and Mrs. Elspeth Jensen presented a "This Is my Constitution - I'm putting my name on the line" for the Mayor and Council to sign to symbolically commemorate the signing of the original U.S. Constitution. Mayor Canton and Lela Jacobson, Coordinator of Miami Shores Mobile Crime Watch, presented hour awards to the Mobile Patrollers. MINUTES a. Regular Council Meeting 9/1/87. Mrs. Stofik moved to approve the minutes as written. Dr. Butler seconded and the motion to approve passed unanimously. Mrs. Stofik requested that Planning and Zoning Board item (a) regarding the vacation of the entire alley running contiguous to the northern property line of lots 11 through 16, Block 6, Tract "Cu of Miami Shores Bay Park Estates be brought before the Planning and Zoning Board. Mr. Frank LuBien, Director of Building and Zoning, responded that it would be presented at their next meeting. b. Public Hearing 9/8/87. Mrs. Stofik moved to approve as written. Dr. Butler seconded and the motion passed unanimously. Receipt Acknowledged: c. Planning and Zoning Board (Completed Minutes) 8/27/87. d. Recreation Advisory Committee 8/10/87. e. Code Enforcement Board 9/3/87. f. Downtown Revitalization Board 9/2/87. g. Planning and Zoning Board 9/9/87. PLANNING AND ZONING BOARD ITEM. a. Approval of exterior color, Item 3, Minutes of 8/27/87. Mrs. Philip Greco explained she was planning to repaint the house as color is brighter than orginally expected and was not aware at the time that a permit was required. She requested the Council approve an extension as repainting now would be a hardship due to her husband's hospitalization. Mrs. Kirby made a motion to uphold the decision of the Planning and Zoning Board which was to deny the request to keep the color. Dr. Butler seconded. As Mrs. Greco agreed to repaint the house, Mr. LuBlen explained that once a hardship is determined and an offer Is made to correct with a specific date, an extension could be made within a reasonable period of time without having to go through the Code Enforcement Board. Council members expressed their empathy In this circumstance and recommended Mrs. Greco work with the Building and Zoning Department and then if matter is not resolved through appropriate procedure to appeal to the Council. The motion to uphold the decision of the Planning and Zoning Board passed unanimously. APPOINTMENT TO BOARDS/COMMITTEES Mrs. Stofik requested more time be given In notifying applicants seeking reappointment as letters of notification were only recently received by many which did not provide much time for a response. PENSION BOARD Applicants Included William Heffernan, Wililam Walker, Edward Hoiden. Voting was as follows: Mr. Loffredo - Mr. Heffernan and Mr. Holden Mrs. Kirby - Mr. Hoiden and Mr. Walker Dr. Butler - Mr. Heffernan and Mr. Walker Mrs. Stoflk - Mr. Heffernan and Mr. Walker Mayor Canton - Mr. Heffernan and Mr. Walker Mr. Heffernan and Mr. Walker were reappointed to two year terms. APPOINTMENT OF EMPLOYEE TO THE PENSION BOARD Applicants for the one term included Norwood Nelson and Patricia Varney. Mr. Nelson spoke before the Council. Voting was as follows: Mrs. Stofik - Mrs. Varney Mr. Loffredo - Mr. Nelson Mrs. Kirby - Mr. Nelson Dr. Butler - Mrs. Varney Mayor Canton - Mrs. Varney Mrs. Varney was appolnted'to the two year term. PLANNING AND ZONING BOARD Applicants for the three terms included Charles Custln, Larry T. McClure, Richard M. Fernandez, and Marcus Ambrose. Applicants spoke before the Council. Mr. Ronald Tempkin advised the Council that he did not hear his name read as an applicant for this Board and had sent his application. Mrs. Kirby requested more time to review the applications. Dr. Butler requested, after legal consultation with Mr. Fann, that current Board members continue to serve until a successor could be elected at the next regular Council meeting on October 6. He made a motion to postpone appointment to this Board until that time. Mr. Loffredo seconded and the motion passed unanimously. Mayor Canton expressed the Council's appreciation to the applicants. Mrs. Kirby invited applicants to phone her to discuss their views concerning the future of Miami Shores. CODE ENFORCEMENT BOARD Applicants for the three terms Included John L. Stokesberry, Robert F. Williamson and Owen Henderson. Mr. Loffredo made a motion to postpone appointment to this Board until October 6 due misunderstanding of Mr. Sottliare's resignation from the board and the submission of a new Letter of appointment from Mr. Henderson. -Mrs. Kirby seconded and the motion passed by a 3/2 vote with Dr. Butler and Mayor Canton dissenting. Mr. Stokesberry and Mr. Williamson spoke before the Council. HISTORIC PRESERVATION BOARD Applicants for the three, two year terms Included Henry T. Courtney, Vivian D. Rodriquez and Marty Kern. Mrs. Stofik made a motion to waive normal voting procedures and appoint the three applicants. Mr. Loffredo seconded and the motion passed unanimously. RECREATION ADVISORY COMMITTEE Applicants for the three terms Included Charles Sammons, Dan Brady, Ed Abdella and Patricia R. Hannum. Voting was as follows: Mr. Mrs. Kirby Mrs. Stofik Mr. Loffredo Dr. Butler Mayor Canton Mr. Mr. Mr. Mr. Mr. Sammons, Sammons, Sammons, Sammons, Sammons, Mr. Mr. Mr. Mr. Mr. Brady and Mrs. Hannum Abdella and Mrs. Hannum Abdella and Mrs. Hannum Brady and Mr. Abdella Brady and Mr. Abdella A runoff vote was required as a tie existed between votes Brady and Mrs. Hannum. Voting was as follows: Dr. Butler Mr. Loffredo Mrs. Kirby Mrs. Stofik Mayor Canton Mr. Brady Mrs. Hannum Mrs. Hannum Mr. Brady Mr. Brady for Mr. Sammons, Mr. Abdella and Mr. Brady were reappointed to two year terms. COUNTRY CLUB ADVISORY BOARD Applicants for the three, two year terms included Jim Meyer, Charles E. Leeds and Richard J. Thornton. Mr. Loffredo made a motion to waive ballot procedures and appoint the three applicants to the terms. Mrs. Stofik seconded and the motion passed unanimously. BEAUTIFICATION ADVISORY COMMITTEE Applicants for the three terms Included Patricia Lodge, Edna Clifford, Charles N. Head and Elaine Rheney Fischer. Mr. Head spoke before the Council and suggested Job descriptions be prepared for vacancies. Mrs. Stofik and Mrs. Kirby recommended this Information be included In the Village Hall News at the time announcement of vacancies. Voting was as follows: Dr. Butler Mrs. Stofik Mrs. Kirby Mr. Loffredo Mayor Canton Mrs. Mrs. Mrs. Mrs. Mrs. Lodge, Mrs. Clifford and Ms. Fischer Clifford, Mrs. Lodge and Ms. Fischer Lodge, Mrs. Clifford and Ms. Fischer Lodge, Mrs. Fischer and Mr. Head Lodge, Mrs. Clifford and Mr. Head Mrs. Lodge, Mrs. Clifford and Ms. Fischer two year terms. were appointed to ADVISORY BOARD ON HANDICAPPED SERVICES Applicants for the two, two year terms Included Linda Head and Charles N. Head. Mrs. Stofik made a motion to waive balloting and nominate Mrs. Head and Mr. Head for the terms. Dr. Butler seconded and the motion passed unanimously. FINE ARTS COMMISSION Applicants for the one, three year term Included Thomas M. Beck and Phyllis G. Blanco. Mr. Beck spoke before the Council. Ballot voting was unanimous for Mr., Beck. DOWNTOWN REVITALIZATION BOARD One application had been received for the term to expire In March 1988. Mr. Todd Wms. Johnson spoke before the Council. Dr. Butler moved to forego the voting procedure and appoint Mr. Johnson. Mrs. Kirby requested protocol on abstaining from voting and was advised that a form would need to be filed with the State. Mrs. Kirby asked for Mr. Johnson's view of the property owner's participation in revitalization. Mr. Johnson responded that he agreed with the Intent of the Board as explained in the Code of Ordinances and would be willing to assist with development of a policy to share responsibilities. Mrs. Stofik seconded the motion to appoint Mr. Johnson and the motion passed unanimously. The meeting adjourned at 9:00 p.m. for a 15 minute recess and reconvened at 9:15 p.m. Mr. Franklin Grau, Chairman of the Downtown Revitalization Board, presented Mayor Canton with a $10,000 check from the Florida Main Street Program. Mayor Canton thanked Mr. Grau; members of the Board; Mr. Loffredo, former Chairman of the Board; and Dr. Butler ,who made the Maln Street presentation. DISCUSSION ON DENSITY OF SINGLE FAMILY RESIDENTS Mayor Canton requested Mr. Fann Investigate Village codes and those in South Florida in order to regulate and enforce the number of families living in single family homes. Mr. Fann explained the difficulty In obtaining witnesses to prove violations and in the definition of the term family. Mr. Loffredo suggested contacting Boca Raton, Palm Beach or any area with a court tested ordinance. Mr. Fann requested the Council establish limitations to the broad Interpretation of the family as now stated in the ordinance. Council members discussed the difficulty and individual circumstances In defining the term. Mr. Fann will proceed with Mayor Canton's request. Under public comments, Mr. Paul Buechele recommended a limit be established according to the number of bathrooms and bedrooms. Mr. Edward Harrigan suggested a review of "The Neighbors" to identify evidence of abuse on rentals. Mr. Franklin Grau suggested getting guidelines from the Federal Government Housing Authority. RESOLUTION ON PUBLIC RELATIONS BOARD After reading by title, Mayor Canton explained that the establishment of such a Board would provide direction to the Public Relations firm to be employed by the Village. Dr. Butler stated the Public Relations firm is already composed of residents and, as discussed in the Budget Hearings, wanted funds to be overseen by the Village Manager and policies and direction to be funneled through the Council. Mr. Loffredo made a motion to table the Item. Mrs. Stofik explained the Importance of clear communication between the firm and the Council and to establish a board between them would not be effective. Mr. Loffredo withdrew his motion to table. There was no motion to approve the Resolution. VILLAGE MANAGER'S REPORT COUNTRY CLUB FINANCIAL REPORT Mr. Johnson advised that there was a net loss of $25,000 for the month of August. Year to date, the Club Is ahead $23,056. Income for the month is $95,482. COUNTRY CLUB MEMBERSHIP REPORT Membership at the end of August is 1,659. INVESTMENT REPORT Village has been averaging between 6% and 6 1/2% ANNOUNCEMENTS. As noted on the agenda. COUNCIL COMMENTS. Dr. Butler commended Mr. Condit and the work of the Bicentennial Commission. . Mr. Loffredo commended all board applicants and those who have served on these boards Mayor Canton commended the Village Manager and the Chief of Police for their assistance In making the Pope's visit a safe one. PUBLIC COMMENTS. Mr. William Schroeder presented a petition to the Council signed by residents concerned about the Impact of traffic on 99th and 100th Street when the fence at the Country Club is completed. He requested action be suspended until there Is public input and further study. There was much discussion by the public concerning the potential for more traffic accidents, Toss of property values, and lack of public Input before decision was made for rerouting traffic In and out of the Club. Mr. Paul Buechele spoke of trash left by home owners Immediately after their trash is picked up. He requested some type of enforcement to prevent this abuse especially on 104th Street. Mr. Loffredo stated when the.decision was Initially made for fence construction at the Club it was subject to modification. Mrs. Stoflk stated the public concerns that were expressed were also the concerns of the Council at the time the decision was made. She suggested that a traffic diverting program which is sponsored through the Mayor's Task Force and one which the Village has budgeted $12,000 might Include limited access from 99th and 100th Street to Club Drive. Mr. Loffredo made a motion to conduct a public hearing and in the meantime to keep the gates unlocked. Mr. Johnson advised that the contract had been signed and underground wiring was to begin the next week. Mr. Loffredo then amended his motion to direct the Village Manager to cease with the guard house until the matter Is resolved. Mrs. Kirby seconded. The motion passed unanimously. The Public Hearing Is scheduled for Tuesday, September 22, 1987, at 7:00 p.m. at the Community Center. The meeting adjourned at 11:05 p.m. ATTEST: Elly F. Johnson Village Clerk BY: Aria Clayton Deputy Village Clerk pero Ca on Mayor