12-01-1987 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
DECEMBER 1, 1987
The regular meeting of the Miami Shores Village Council
was held on Tuesday, December 1, 1987, at Village Hall
commencing at 7:30 p.m. with the following members present:
Mayor Spero Canton
Stephen Loffredo
Robert S. Butler, Jr.
Karen Kirby
Marty Stofik
Also Present Elly F. Johnson, Village Manager
William F. Fann, Jr., Village Attorney
The meeting began with Reverend Douglas White, Miami
Shores Baptist Church, giving the Invocation followed by the
Pledge of Allegiance.
MINUTES
a. Regular Council Meeting 11/17/87. Mr. Loffredo made
a motion to approve the minutes as written. Dr. Butler
second the motion and it passed unanimously.
Receipt Acknowledged:
b. Planning and Zoning Board (Completed Minutes)
11/12/87.
c. Fine Arts Commission 10/5/87.
d. Pension Board 11/17/87.
PLANNING AND ZONING BOARD ITEM
a. Approval of Existing Above Ground Pool and Deck, Item
3, Minutes of 11/12/87.
Mr. Frank LuBien, Director of Building and Zoning,
explained the above ground pool was a non -conforming
structure and violated the setback requirements. Permits
were not requested for the pool or deck.
Mrs. Kirby made a motion to uphold the decision of the
Planning and Zoning Board which was to deny the request.
Dr. Butler second the motion.
Mr. John Laveiriere, resident, stated he was not aware
permits were required. Due to the Initial expense of the
pool and costs for Its removal, he requested a yearly
inspection of the site and if it was deemed not properly
maintained he would then remove it.
Mr. Loffredo stated a violation still existed and
thought the Code Enforcement Board or Mr. LuBien might grant
some leeway due the expense. Mrs. Kirby stated that until
above ground pools were specifically addressed in the Code,
they presently were violations. Both Mrs. Kirby and Mayor
Canton explained hardships were not a basis for non compli-
ance. Mayor Canton stated strict code enforcement would be
seen.
The motion passed unanimously.
PARTICIPATION AS AMICUS CURIAE IN APPEAL OF CiTY OF ORLANDO,
ETAL, V. STATE OF FLORIDA ETAL
Mr. Johnson presented the Pension Board's request that
the Village participate as an Amlcus Curiae in the appeal of
a law sult filed against the Department of Insurance pursuant
to the 1986 amendments of Chapter 185 of the Florida
Statutes. The judgement of the Department of Insurance would
possibly mean no Council representation on the Pension Board
and the loss of the option of declining state Insurance
montes in order to avoid compliance with existing statutes.
The Board requested the Council approve $1250 to support
participation In the litigation.
Mrs. Stofik made a motion to support the recommendation
of the Manager and the request from the Pension Board; to
appropriate $1250; and to loin the City of Orlando in the
litigation. Mr. Loffredo second the motion and it passed
unanimously.
APPROVAL TO PLACE PENSION PLAN AMENDMENT ON MARCH 1988 BALLOT
Mr. Johnson stated Village contributions to the Pension
Plan, as provided In the Charter, could not exceed one mill
without a referendum. Recent labor concessions could not be
negotiated without exceeding that amount. He recommended the
VIIIage Attorney prepare the necessary Ordinance to have this
item placed on the March 1988 ballot.
Mrs. Kirby made a motion to put an amendment on the
March 1988 ballot allowing the Village Council to exceed the
one mill cap contribution to the pension fund. Mr. Fann
recommended wording the motion to eliminate any restriction
on contribution to the pension fund. Mrs. Kirby withdrew her
motion for further clarification.
•Dr. Butler made a motion to put an amendment on the
March 1988 ballot that would remove any reference to an
upside limit of one mill for pension contributions. Mr.
Loffredo second the motion and it passed unanimously.
RESOLUTION TO RENAME THE COMMUNITY HOUSE AFTER C. LAWTON
MCCALL
After reading by title, Dr. Butler made a motion to
adopt the Resolution. Mr. Loffredo second the motion. Mrs.
Stofik made an amendment to substitute the name Center for
House as it was the more commonly,referred name. Mrs. Kirby
second the amendment and it passed unanimously. The motion
as amended passed unanimously. The Resolution being
entitled:
RESOLUTION NO. 825-87
A RESOLUTION CHANGING THE DESIGNATION OF THE MIAMI
SHORES VILLAGE COMMUNITY CENTER SO THAT SAME SHALL
HEREAFTER BE KNOWN AS THE C. LAWTON MCCALL COMMUNITY
CENTER.
Mrs. Stofik encouraged active use of the name In bro-
chures and newsletters. Mrs. Kirby recommended an official
ceremony at the beginning of the year. Dr. Butler suggested
planning be coordinated through the Recreation Advisory
Committee.
Mr. Johnson requested an award of bid be placed on the
agenda. Mr. Loffredo made a motion to place the emergency
item on the agenda. Dr. Butler second the motion and It
passed unanimously. Mr. Johnson explained three quotations
were received for the purchase of the chemical, Nemacur,
which would be used on the golf course. The lowest, In the
amount of $3,020, was received from Woodbury Chemical
Company. Mr. Loffredo made a motion to award the bid to
Woodbury Chemical Company. Dr. Butler second the motion and
it passed unanimously.
ANNOUNCEMENTS
As noted on the Agenda.
COUNCIL COMMENTS
Mrs. Stofik announced the 1987 Holiday Candlelight Open
House Tour and Showcase of the Arts sponsored by the Fine
Arts Commission and the Shores Heritage Council on
December 10.
Dr. Butler encouraged residents to decorate their homes
for the holidays.
Mr. Loffredo commended the Public Works Department, The
Chamber of Commerce and the Downtown Revitalization Board for
the festive and colorful business district. He advised that
the theater protect Is still being formulated and recommended
a Council workshop to further the theater effort.
Mayor Canton recognized Mayor George Eckert of El
Portal and emphasized the positive side effects of holiday
decorating.
PUBLIC COMMENTS
Ms. Alice Rodgers expressed concern about the status of
Mr. Seth Bramson's employment and the future of the Club
should he leave.
Mayor Canton stated Mr. Bramson resigned effective
January 10 and the Charter removed Council from participation
in personnel matters. Mrs. Kirby stated although she recog-
nized the Council is not purview.to personnel decisions, she
requested more information and a resolution to the problem
preferring that Mr. Bramson's resignation be rescinded.
Mr. Daniel McMahon, 1700 N.E. 105th Street, asked why
Mr. Bramson resigned.
Mr. Fann recommended discontinuing discussion of this
topic as this was not an agenda Item.
Mrs. Rose Stevens, 6 N.W. 106th Street, requested code
enforcement assistance In her area due poor upkeep of proper-
ties.
Mrs. Carol Griffin, 1576 N.E. 104th Street, asked when
Mr. Bramson's status would be an agenda Item.
Mr. Loffredo stated the proper procedure should be for
either the Council or the Country Club Advisory Board to
request the Item be placed on the agenda.
The meeting adjourned at 8:25 p.m.
pero Can
Mayor
ATTEST: Elly F. Johnson
Village Manger
B Y :
Aria Clayton
Deputy Village Clerk