Loading...
05-17-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MAY 17, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, May 17, 1988, 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 Pastor John Hirst, Redeemer Lutheran Church, giving the invocation followed by the Pledge of Allegiance. Mayor Canton and J.D. Varney, Recreation Director, accepted an $800 donation for the Recreation Department from Pat Cocchi, Middle Eastern Dance Instructor. Mayor Canton presented a Proclamation to Dr. Butler proclaiming May as Correct Posture Month. Mayor Canton commended Miami Country Day and Miami Shores Elementary School for winning the Department of Education's Excellence In Education Award. MINUTES a. Pre -Council Workshop 5/3/88. Mrs. Stofik moved to approve the minutes as written. Dr. Butler second the motion and It passed unanimously. b. Regular Council Meeting 5/3/88. Mr. Loffredo stated Mrs. Stofik's motion on page 6 regarding the Cart Barn was misleading. Mrs. Stofik agreed the word "before" should be substituted by the words "rather than". She moved to approve the minutes as corrected. Dr. Butler second the motion and It passed unanimously. c. Council Workshop 5/12/88. Minutes were not avail- able for approval. Receipt Acknowledged: d. Fine Arts Commission 4/4/88 e. Pension 4/19/88 f. Recreation Advisory Committee 4/11/88. Mrs. Stofik requested a resolution to the conflict between the Pool Manager and a Swim Coach. Mr. Johnson stated he and the Recreation Director were working on the matter. g. Code Enforcement Board 5/5/88. Mrs. Stofik questioned the length of time required in resolving the removal of a junk boat. COUNTRY CLUB GREENS REBUILDING PROJECT Mitchel Klug, Country Club General Manager, advised the Council of his plans for resodding and sprigging greens scheduled for reconstruction. Prior to resodding, the soil would be properly worked. He stated his plan was supported by the Greens Committee and the Advisory Board. In addition to the economic savings, down time would be reduced from 8 weeks to 5 weeks. With the proposed continuing maintenance program, the resodded greens should be smooth within a short period of time. Dr. Butler made a motion to endorse Mr. Klug's proposal as presented. Mrs. Stoflk second the motion. Mr. Klug advised that In 45-60 days the course should be In good condition. Greens scheduled for resodding are 1, 2, 4, and 6. Total cost for resodding Is an estimated $1,243 for sod and $1,500 per green for labor and sand. Work will be done In-house. Mr. Johnson advised If there were remaining funds other greens would be resodded. Mr. Loffredo suggested rather than voting on the motion to let the Club Manager proceed with his proposal. As the proposal was not what was originally approved by Council the new motion might be Interpreted as lnconsistancy on the part of the Council. Dr. Butler called the question. The motion passed unanimously. Mr. Loffredo stated although he voted for the motion, he did not want his vote considered as abandonment of his concern for the course. REPORT FROM CODE ENFORCEMENT COMMITTEE Mrs. Stoflk presented the report of the committee. Robert Rossi, Chairman of the Planning and Zoning Board, reviewed the committee's 3 sets of recommendation: (1) Implementation of a strong code enforcement program, (2) Immediate action to strengthen the program, and (3) Areas of concern for review by a professional planner. Upon the recommendation of Dr. Butler, the 6 proposals under Recommendation I, Implementation of a strong code enforcement program, were individually reviewed. Proposal *1: Action should be taken Immediately to collect all outstanding administrative fees and fines levied by the Code Enforcement Board, and appropriate changes be made to ensure future timely payment. Dr. Butler made a motion to approve. Mr. Loffredo second the motion and it passed unanimously. Proposal *2: The Village Manager and staff with assistance of committee immediately streamline notification procedures similar to the Miami system Including adoption of specific procedures manual. Dr. Butler made a motion to approve and advised that the specifics would need to be brought to the Council at a later time. Mrs. Stofik second the motion. Mrs. Kirby requested Information on procedures used In Cooper City. The motion passed unanimously. Proposal *3: Develop specific policies and procedures manual to direct building and zoning and code enforcement Including priorities for code enforcement officers and aggressive fine, lien and litigation policies. Mrs. Stofik stated this proposal did not require a vote but only the consensus of Council to Implement.* Minutes corrected Meeting of 6/7 to change the word implement to proceed. Proposal *4: Actively pursue adoption of a recertifi- cation of occupancy ordinance. Mrs. Stofik made a motion to refer this proposal to the Planning and Zoning Board to investigate Its feasibility and legality and make recommendations to the Council. Dr. Butler second the motion and recommended any budget assistance for legal counsel be brought to the Council. The motion passed unanimously. Proposal *5: Restructure the Building and Zoning Department as follows: a. Create an additional position of Code Enforcement Officer to be filled by an aggressive individual. b. Fully utilize services of planner hired under com- prehensive plan contract and, following expiration of that contract, continue funding of a part-time professional plan- ner c. Secretarial staff would remain at 1 1/2, with the 1/2 position approved in the 1987-88 budget sharing equal time with the Village Manager's office. Mrs. Stoflk stated this proposal would provide direction to the Village Manager for the 1988-1989 budget. Mr. Loffredo made a motion to adopt the proposal. Mrs. Stofik second the motion. Dr. Butler requested an amendment to part (b) to reread as: Fully utilize services of planner hired under comprehensive plan contract and, following expiration of that contract to consider during next budgetary session continuing funding of a part-time professional planner. Mr. Loffredo and Mrs. Stoflk accepted the amendment. The motion passed unanimously. Proposal *6: Provide legal counsel to the Planning and Zoning Board and the Code Enforcement Board on a regular basis that Is experienced In planning law, code enforcement law, zoning law, and aggressive Litigation. Mrs. Stoflk stated additional expert counsel was needed. Dr. Butler made a motion to defer action to the Village Manager to come back to the Council with cost estimates on a contractual arrange- ment for legal counsel. Mrs. Kirby questioned the need for additional counsel. Mr. Loffredo second the motion and recommended some of the work done by the Village's labor attorney could be done by the Village attorney and thus reduce fees In the labor attorney's budget. Mrs. Kirby requested the Village attorney be consulted in this process. The motion passed unanimously. Mrs. Stoflk requested the Village Manager proposals listed In Recommendation II: review 1. Develop a timetable for implementing the Section I recommendations. 2. Bring computer system on line to assist Building and Zoning and Code Enforcement. 3. Provide an update to village Council and Planning and Zoning Board on current status of ordinances recommended by the Planning and Zoning Board and Downtown Revitalization Board which have not yet come to Council for action. 4. Instruct the Code Enforcement staff to focus atten- tion on the following Items In both residential and commer- ical areas, proceeding section by section for consistent enforcement: a. Strong building permit enforcement b. Yard and swale maintenance c. Repair and general maintenance Including roofs, mildew and peeling paint d. Trucks and vans In front yards e. Derelict and abandoned vehicles and boats, including back yards f. Commercial signs. Dr. Butler made a motion to request the Village Manager come back to the Council the second meeting of the next month with his review and provide a time table for implementation. Mrs. Stoflk second the motion and it passed unanimously. Mr. Loffredo recommended waiting until after Mr. Johnson's review of proposals in Recommendation II before proceeding with proposals In Recommendation III which required review by a professional planner. ORDINANCE ON DEFINITION OF FAMILY. Second and Final Reading Mr. Loffredo made a motion to pass and adopt the Ordinance on second reading. Dr. Butler second the motion. Mayor Canton inquired If the words guardian and ward should be plural. Mr. Fann advised this would not make a dif- ference. The motion passed unanimously. The Village Manager read the Ordinance by title. The Ordinance was entitled: ORDINANCE NO. 510-88 AN ORDINANCE AMENDING SECTION 216(a) OF MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270; CHANGING THE DEFINITION OF THE WORD "FAMILY" AS SET FORTH IN SAID ORDINANCE; PROVIDING EFFECTIVE DATE. The meeting recessed for 5 minutes and reconvened at 9:00 p.m. DISCUSSION AND POSSIBLE ACTION ON MIAMI SHORES THEATER Mr. Loffredo thanked the members of the theater advisory group for their work and their report at a recent Council Workshop. The report summarized that private Investment was not likely due to the lack of sewers and it was not economically profitable for the Village to operate. He stated the theater situation should be viewed as a policy decision not as an economic decision and that stricter code enforcement would not eliminate the problem. He and Mrs. Kirby expressed concern about the future of property values In this area. Mrs. Kirby requested an advisory board be established to assist potential Investors. Dr. Butler stated he did not want to Invest addltlonal funds unless there was a plan of action. Mrs. Stofik advised she was willing to allocate funds to extend the lease option In order to provide addltlonal time to make something happen and to find funding. Any negotiation on entending the lease option should Include a deduction of the extension amount from the purchase price. Mr. Johnson requested guidelines to request a lease option extension. Mrs. Kirby made a motion to request the Village Manager negotiate a 90 day extension on the lease option and report back to the Council before the expiration of the lease. That date being May 25. Mr. Loffredo second the motion with an amendment to request the Village Manager use his discretion as to what cost in his discussion with Mr. Knohl and then to come back to the Council. Mrs. Kirby did not agree with the amendment. Mr. Loffredo withdrew his amendment. Paul Buecheie stated he did not want the city to get Involved In private enterprise. Theresa Haines, 186 N.E. 107th Street, commented It would be costly to put the theater In operation and did not encourage future funding of the protect. Mrs. Stofik proposed an amendment to the motion to negotiate a 120 day extension instead of a 90 day extension. Mrs. Kirby and Mr. Loffredo agreed to the amendment. The motion passed by a 4/1 vote with Dr. Butler dissenting. Mr. Loffredo advised that he would be on vacation until May 30, however, when the workshop was scheduled during his absence he felt the Council understood his position on the Issue. ESTABLISHMENT OF CRITERIA FOR BARRICADE IMPLEMENTATION Mrs. Stofik requested a policy on reviewing requests for barricades, establishment of criteria to base decisions for approval, and establishment of a vehicle for public Imput. She stated funds were available through the Safe Neighborhoods Act. Mr. Rossi commented that temporary barricades did not need to be addressed In the Comprehensive Plan however permanent barricades did. A Master Plan was required even If Implementation would take years. He recommended not pro- ceeding In a piecemeal manner. As the Master Plan was scheduled for presentation in December a barricade plan would need to be submitted before then. Two changes per year could be submitted on the Plan. Mrs. Stofik requested the Planning and Zoning Board and Mr. Swarthout, Comprehensive Planner, advise the Council of format for plan. Mr. Loffredo suggested the priorities for approval of temporary barricades be (1) perimeter areas, (2) volume of traffic, and (3) crime. He requested a date for a workshop be scheduled for the next meeting. Dr. Butler stated a workshop date could be set by the Village Manager and agenda Items from Council could be presented to Manager. Barbara North Burton, Chairman of the Task Force, expressed concern that a master plan would be expected In December when the Task Force would not have had enough time to evaluate the temporary barricades before making any permanent proposals. Mr. Fann advised that the basis for determining per- manent barricades should be coming from staff to the Council. Dee Carter, 1151 N.E. 101st Street, does not support barricades and wants the Issue brought to the voters. Edward Harrigan, 260 N.E. 99th Street, supports the Idea of a workshop. REQUEST FROM DADE LEAGUE OF CITIES FOR $1,000 REWARD FUND FOR INFORMATION ON POLICE OFFICER SHOOTINGS Mayor Canton stated the Dade League of Cities requested Its participating cities donate $1,000 toward a reward fund for information leading to the arrest of someone shooting a police officer. Every city has been requested to donate the same amount. Mr. Loffredo made a motion to approve the request. Mrs. Stoflk second the motion and it passed unanimously. VILLAGE MANAGER'S REPORT Country Club Financial Report Mr. Johnson advised the net Income month to date for April was a loss of $32,365 compared to a loss of $11,087 last year. Net Income year to date was $7,292 in the red compared to $51,176 In the black last year. Country Club Membership Report Mr. Johnson advised total membership was 1,495 compared to 1,515 last year. Thirty new memberships were received In the last week. Investment Report Interest picked up to 6.80%. The weighted average rate of return was 6.23%. ANNOUNCEMENTS As noted on the agenda. COUNCIL COMMENTS Dr. Butler stated he hopes Miami Shores Pride will become an annual event. He encouraged residents to attend Memorial Day Services. Mayor Canton commended Jill Henderson and Lori Grau on their work for Miami Shores Pride. PUBLIC COMMENTS Paul Buechel requested a non -emergency police phone number. The meeting adjourned at 10:45 p.m. pero Canto Mayo ATTEST: Elly F. Johnson Village Manager BY: / Aria Clayton Deputy Village CI ' -r