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06-07-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 7, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, June 7, 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 Father Edward Brown, St. Martha's Catholic Church, giving the invocation followed by the Pledge of Allegiance. Mayor Canton and Lela Jacobson, Mobile Crime Watch Coor- dinator, presented awards to Mobile Crime Watch Patrollers. MINUTES a. Regular Council Meeting 5/17/88. Mrs. Stofik cor- rected the word "Implement" on page 3, under Proposal *3, to read "proceed". She made a motion to approve the minutes as corrected. Mr. Loffredo second the motion and It passed unanimously. b. Special Council Meeting 5/24/88. Mrs. Stofik made a motion to approve the minutes as written. Dr. Butler second the motion and it passed unanimously. Receipt Acknowledged: c. Historic Preservation Board 5/16/88. Mr. Loffredo Inquired about the commitment of the owners of 310 N.E. 99th St. Mr. Johnson advised he would report back to the Council. d. Downtown Revitalization Board 5/4/88, 5/18/88, 5/24/88 e. Planning and Zoning Board 5/19/88 PLANNING AND ZONING BOARD ITEM a. Approval of Hedge In Excess of Height Limitation, Item *4, Minutes of 5/19/88 Frank LuBlen, Director of Building and Zoning, stated Andrew Kraft was appealing the decision of the Planning and Zoning Board on the basis of a hardship. The decision of the Board was to deny his request for his hedge to remain in excess of the 5 ft. height limitation. Mr. Kraft explained he would cut his hedge if the Council directed although he did not think it was fair. He stated his hedge had been in excess of 5 ft. since he bought the home over 25 years ago. The Council had received copies of letters from his neighbors to this effect. He requested the Council uniformly enforce violations of hedge heights throughout the Village and requested a letter be sent to violators by July 1 advising them hedges had to be cut within 30 days. He had a list of violators and would provide it If requested. Although she supported higher heights, Mrs. Kirby stated the Issue had already been decided by voters. She made a motion to uphold the decision of the Planning and Zoning Board and deny the hardship. Mr. Loffredo second the motion. Mr. Fann advised the only basis for granting a variance Is a hardship and there was no hardship Indicated in this situation. Mr. Loffredo requested action be taken against all violators. Mrs. Stofik commented, If the residence were an historic landmark, the shrubbery would be protected. Although the home was not an historic landmark, she felt this was an unusual circumstance. The motion passed by a 4/1 vote with Mrs. Stofik dis- senting. Mr. Loffredo made a motion to give Mr. Kraft 30 days to bring his hedge Into compliance. Mrs. Kirby second the motion and It passed unanimously. Mr. Johnson advised he would begin a process to notify violators that hedge heights must be In compliance within 30 days. Mrs. Kirby requested the date of the referendum on increasing height limitations as she Is Interested In revisiting the Issue. Willie Pollock, a neighbor, asked the Council what trimming he could do on his side of Mr. Kraft's hedge. Mr. Fann advised him that the Council could not give legal advise and suggested he speak with his own attorney. Mayor Canton stated a request had been Frederick Von Langen to place the Miami Shores emergency Item on the agenda. Mr. Von Langen the Council stating he would be willing to pay received from Theater as an had written to $15,000 to the Village In order to purchase the theater option. Mr. Loffredo made a motion to place the Item on the agenda as an emergency since Mr. Von Langen would need time to put together some financing and marketing. Dr. Butler second the motion stating Mr. Von Langen needed a commitment from the Council before he could proceed with financing. The motion passed unanimously. Mr. Fann requested the Council express a willingness that If MainStreet, Inc. reimburses the Village $15,000 that It be removed from the assignment. This would enable Mr. Von Langen to work directly with the corporation. Mrs. Kirby made a motion that upon receipt of $15,000 from Miami Shores Mainstreet, Inc. that the corporation may remove from the purchase option the assignment to Miami Shores Village. Dr. Butler second the motion. Mr. Von Langen stated he wished to pick up the option within the extension period and purchase the entire property. He plans to remodel the existing theater for the purpose of using it for legitimate theater presentations. The motion passed unanimously. ACCOUNTING FOR MIAMI SHORES COUNTRY CLUB FOUNDATION Mr. Johnson advised that the Finance Department needed further authorization from the Council to continue handling accounting for the Foundation until it received Its federal tax exempt status. Dr. Butler stated there was no current short term fund raising scheduled. The Foundation was ready to spend funds for carpeting and present carpeting and Installation to the Club. Dr. Butler made a motion to continue the current status of accounting until further notice. Mr. Loffredo second the motion. Mrs. Stoflk requested an amendment to give a time frame of 90 days Instead of until further notice. Dr. Butler and Mr. Loffredo agreed to the amendment. The motion passed unanimously. PENSION ORDINANCE First Reading Mr. Johnson read the ordinance by title: An ordinance of Miami Shores Village, Florida, amending various provisions of the Miami Shores Pension Pian; amending Section 18-38, Miami Shores Village Code, "Definitions", to delete the minimum age requirement for participation In the Miami Shores Pension Plan; amending Section 18-41, Miami Shores Village Code, "Same - Legal Advisor", to provide that the pension board may, at Its discre- tion, elect to employ legal counsel other than the attorney for the village; amending Section 18-43, Miami Shores Village Code, "Special Fund for Police Officers and Firefighters", to delete references to "fireman" and fire Insurance; amending Section 18-45, Miami Shores Village Code, "False State- ments; Falsifying Records," to prohibit the wilful! falsification of pension -related documents and making wilfully false statements In an effort to obtain benefits under the Miami Shores Pension Plan; amending Section 18-46, Miami Shores Village Code, "Penalties for Violation", to provide penal- ties for any member who Is determined to have wil- fully falsified pension -related documents or wil- fully made false statements in an effort to obtain benefits under the Miami Shores Pension Plan; amending Section 18-47, Miami Shores Village Code, "Membership", to delete the minimum age requirement for participation In the Miami Shores Pension Plan upon the effective date of this ordinance; amending Section 18-49, Miami Shores Village code, "Service Retirement Allowance", to delete references to "fireman" and to provide a benefit Increase for police officers who retire or terminate employment on or after July 1, 1989; amending Section 18-50, Miami Shores Village Code, "Reversionary Annuity", to provide for the designation of a beneficiary or beneficiaries by members of the Miami Shores Pen- sion Plan, and to permit a member to change his/her designated beneficiary (or beneficiaries) up to two times after retirement; amending Section 18-53, Miami Shores Village Code, "Contributions by Mem- bers", to provide for an Increase In the contribu- tion made by members who are police officers; amending Section 18-54, Miami Shores Village Code, "Contributions by State and Village", to provide that the total annual contribution by the Village to the Miami Shores Pension Plan shall not exceed the amount of one (1) mill on all taxable property In the Village unless a greater contribution Is required by operation of state law; providing an effective date. Mr. Johnson stated the Pension Board recommended it be adopted. Reference the provision that the Village contribute more than 1 mIll when required by state law, Ms. Gall Macdonald, Finance Director and Pension Plan Administrator, advised that the current year contribution determined by the actuary Is In excess of $300,000. This Is required to fund the current benefit level for general and police employees. The equivalent of 1 mill this year Is approximately $265,000. The current ordinance says the Village may not contribute more than the equivalent of 1 mill which creates a conflict as state law says cities must fund what the actuary states. Dr. Butler made a motion to approve the ordinance change as presented by the Pension Board. He stated the ordinance does not remove the 1 mill cap but only compiles to state requirements If it supercedes this. Mr. Loffredo second the motion also commenting that state law would supercede. James Condit, 1036 N.E. 96th Street, questioned what provisions were in place for the future to control pension spending over the 10 mill cap. He requested Information be provided residents as voters did not agree In a recent refer- endum to contribute more than 1 mill. The motion to approve the ordinance on first reading passed unanimously. DISCUSSION ON PROPOSAL FOR NEW SNACK SHACK BUILDING ADJOINING THE POOL Mr. Loffredo requested Council's Input on when to begin construction of the Snack Shack near the pool. He requested the Village Manager obtain cost estimates on building a new structure and tearing down the existing structure and advise when it would be feasible to begin these plans. This could be done at the same time the Manager reviews the expenses for refurbishing the swimming pool. The Club Advisory Board did approve the plan but did not want expenses coming from golf course funds. Dr. Butler felt the Council would need to watt until after the beginning of the new membership year In order to evaluate what funds would be available. He commented it could be presented as an option during budget process If funds were available. Mr. Loffredo explained that the new structure costs could be borne by the pool rebuilding protect and may be within the capital loan for the Club and Recreation Depart- ment. Without some figures, it would be difficult to Judge. Mr. Johnson advised he would consult with Mr. Loffredo and present costs and suggestions. Mr. Loffredo stated he would present figures at next Council meeting. Mrs. Stofik advised If there Is a sharing of construc- tion costs between the Club and Recreation Department there may be a sharing of revenue from the Snack Shack. ANNOUNCEMENTS As noted on the agenda. COUNCIL COMMENTS Mrs. Stofik announced that the State National Register Review Committee unanimously endorsed the Village's nomina- tion of 26 historic homes to the National Register of Histor- ic Places. She commended the Historic Preservation Board for Its work. She commented on the misleading article in "Neighbors" regarding Shores parents refecting Edison High School. Dr. Butler thanked Dr. Bob Knight, guest speaker, at the Memorial Day ceremony and all those who contributed to the program. He further commended the two residents who wrote letters to the "Neighbors" on Miami Shores Pride and those who worked on the Miami Shores Pride evening. Mr. Loffredo expressed his disappointment with two reporters on the article about Edison High School. He also commended the two residents who wrote letters to the "Neigh- bors". Mrs. Kirby commended Mr. Von Langen for his plans for the theater and Lori Grau and Jill Henderson for their work on Miami Shores Pride. She commented on the Improvement In her neighborhood due to the barricades. Mayor Canton commended those working on Miami Shores Pride. He expressed concern about the news media Ignoring the positive spirit of Miami Shores with Its lack of coverage on this community protect. PUBLIC COMMENTS Seth Bramson presented the Council with a 1926 Shoreland Company map and a bili In the amount of $20 for Its framing. He requested the map be hung In the lobby. James Condit stated barricades created bad public rela- tions. Dick Bezdek, 28 N.W. 104th Street, recounted an Incident with the Police Department. Mrs. Kirby requested Crime Watch be advised when a major Incident occurs in an area. Mr. Johnson stated he would discuss with the Police Department. Seon Moore requested the Council provide incentives or subsidize costs In order to recruit volunteers for Mobile Crime Watch. Mrs. Kirby inquired about the use of police cars for volunteers. Mr. Johnson said he would investigate. Mrs. MacNamara, 105th Street, requested enforcement of fence heights for all violators. She recounted an incident with the Building and Zoning Department In which she was advised to walk across the street when she complained about a slippery sidewalk. Mr. Johnson requested the address of the home with the slippery sidewalk and stated he would follow-up. The meeting adjourned at 9:20 p.m. ATTEST: Elly F. Johnson Village Manager BY: Aria Clayton Deputy Village Clerk