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06-21-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 21, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, June 21, 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 Reverend Harold A. Davenport, Miami Shores Community Church, giving the Invocation followed by the Pledge of Allegiance. MINUTES a. Regular Council Meeting 6/7/88. Mrs. Stofik made a motion to approve the minutes as written. Mr. Loffredo second the motion and It passed unanimously. b. Special Council Meeting 6/8/88. Mrs. Stofik made a motion to approve the minutes as written. Mr. Loffredo suggested the minutes (page 4, paragraph 8) read that Mrs. North Burton recommended a progressive program of first put- ting up temporaries and, If funding Is available, to proceed with permanent closings. He second the motion and it passed unanimously. Receipt Acknowledged: c. Recreation Advisory Committee 5/9/88. Mrs. Kirby requested attention be given to the Tot Lot. The straw needs to be replaced and the water fountain does not always work. d. Pension Board 5/10/88. Mr. Loffredo stated an ordinance should be written to eliminate retirement before normal retirement age. Mr. Johnson said he would bring It up at the next Pension Board meeting. e. Fine Arts Commission 5/2/88 f. Code Enforcement Board 6/2/88. Mr. Loffredo requested more information on the various violations under Item *2, Leon Rolle, 590 N.E. 96th Street. Mr. Johnson stated he would forward a report to the Council on these violations. Mrs. Stofik requested the "Village Hall News" highlight an element of code enforcement each month. She recommended the next Issue focus on boats. g. Downtown Revitalization Board 6/1/88 & 6/15/88. Mrs. Stofik stated she had a desk If the Board should need It for their new office. h. Planning and Zoning Board 6/9/88. Mrs. Stofik inquired If barricade proposals were Implemented did they need to be reflected in the Comprehensive Plan. Robert Rossi, Chairman, advised not putting barricades in the Comprehensive Plan at the present time but submit it as an amendment to the Plan at a later date. He stated he would clarify what changes could be made to the Pian between the first draft submission date of August 1 and the final submis- sion date. Mr. Loffredo Inquired If 111th Street between N.W. 2nd Ave. and N.E. 2nd Ave. was a village, county, or state road. Mr. Rossi will investigate. Upon Inquiry from Mayor Canton, Mr. Rossi will also investigate the 1980 traffic studies referred to In the Plan as this Information would be helpful with barricade Implementation. Mrs. Stoflk requested raw data on N.E. 95th Street traffic be available at the Public Hearing. PLANNING AND ZONING BOARD ITEM a. Approval of Wood Deck In Side Yard, Item *4, Minutes of 6/9/88. Mr. Rossi presented Suzan Hardwicke's request for vari- ance. He explained this was an unusual case as it Is a 50 ft. lot and the property butts against a parking zone. As the proposed structure Is In the setback, It requires a vari- ance. Mrs. Stofik made a motion to uphold the recommendation of the Planning and Zoning Board, which was to approve the request, and approve the variance. Mr. Loffredo second the motion and it passed unanimously. Mrs. Stofik suggested the Board address 8 ft. hedges*for property next to parking lots which Is already approved for property next to commercial lots. AWARD OF BID FOR IRRIGATION PROJECT - RECREATION DEPARTMENT Mr. Johnson recommended the bid be awarded to the low bidder, Sutter Water Systems, with a bid of $15,885. He explained $19,000 was budgeted for the project. Dr. Butler made a motion to award the bid to Sutter Water Systems in the amount of $15,885. Mr. Loffredo second the motion and it passed unanimously. APPOINTMENT TO LIBRARY BOARD OF TRUSTEES Mr. Johnson reported 3 applicants applied for the vacancy: Jim Condit, requesting reappointment; Carolyn Dorn; and Kathleen M. Mantin. Mrs. Dorn spoke before the Council. Voting by ballot was as follows: Mr. Loffredo - Mrs. Dorn Mrs. Stofik - Mrs. Dorn Mrs. Kirby - Mrs. Dorn Dr. Butler - Mr. Condit Mayor Canton - Mrs. Dorn Mrs. Dorn was appointed to the 5 year term. LIBRARY BOARD OF TRUSTEES ANNUAL REPORT Ann Vigneron, member of the Board and representing Chairman James Stuart, presented the Board's Annual Report. 7/5/88 to read fences 4- 0 rn C CLI CU X • -0 N N 0 CI ▪ '0 5-- S- 0 4- U 0 G., CO +-I+3 C 0 •r- i 'E •1 The report Included statistical and functional operations of the library. She reported that the library had one of the highest number of books per capita In the state of Florida. Mr. Loffredo expressed appreciation for the balloon launching event. He inquired about the reduction of hours of operation. Ms. Vigneron responded that a survey was taken last year which showed participation between 8:00 p.m. and 9:00 p.m. was not enough to continue closing at 9:00 p.m. Mayor Canton commended the Board for Its commitment to adding a special quality to Miami Shores. RECOMMENDATION FOR HISTORIC LANDMARK DESIGNATION 352 N.E. 98th Street Margo Newton, Chairman of the Historic Preservation Board, reported the residence was approved by the Board for recommendation to the Council for designation as an historic landmark. The home Is a good example of Mediterranean Revival architecture, was built In 1926, and has not been altered. The owners, Thomas and Sandra Chaille, have requested this designation. Mrs. Stofik made a motion to accept the recommendation of the Historic Preservation Board and designate 352 N.E. 98th Street as an historic landmark. Mr. Loffredo second the motion and It passed unanimously. Agenda Item *7, ORDINANCE ON METHOD OF SEEKING VARI- ANCES FOR STRUCTURES DESIGNATED AS HISTORIC LANDMARKS, and Item *8, APPROVAL OF CONTRACT FOR DOWNTOWN REVITALIZATION PROJECT MANAGER were removed from the Agenda. RESOLUTION AUTHORIZING VILLAGE MANAGER TO SIGN FLORIDA MAIN STREET AGREEMENT After reading by title by Mr. Johnson, Dr. Butler noted that by approving the signing of the agreement, the Council was approving the terms of the contract without going through the Board's budget for the next fiscal year. Mr. Johnson responded the contract could be terminated by Florida Main Street and balance of funds would need to be refunded If Council did not continue budgeting for the program. He reported that the new Protect Manager, Tony West, had signed an employment contract which would expire In September. Mrs. Kirby stated the Village and Board were not commlting themselves to encouraging new businesses. She wants the Board to become Involved in the next 2 months with the Shores Theater protect and requested It host a meeting to acquaint the community with Mr. Von Langen and his plans for the theater. Mr. Loffredo expressed concerns about lack of implementation of protects by the Board. Dr. Butler made a motion to authorize the Village Manager to sign the contract with the Florida Main Street Agreement. Mrs. Stofik second the motion and the motion passed unanimously. The Resolution being entitled: RESOLUTION NO. 832-88 RESOLUTION AUTHORIZING VILLAGE MANAGER TO SIGN FLORIDA MAIN STREET AGREEMENT ON BEHALF OF MIAMI SHORES VILLAGE. TIMETABLE FOR IMPLEMENTATION OF RECOMMENDATIONS FROM CODE ENFORCEMENT COMMITTEE Mr. Johnson reported a letter was In the process of being mailed to residents regarding hedge heights, since the change In office structure In the Building and Zoning Depart- ment the number of citations has Increased, specific areas of concentration for the Department have been Identified, and a letter has been malted to those with outstanding administra- tive fees. He advised that a request for proposal for legal counsel to assist the Planning and Zoning Board and Code Enforcement Board would be presented at the next Council meeting. Mr. Loffredo expressed concern about the expense for legal counsel for the proposed 20 hours a month. REQUEST FOR FUNDING FOR BANQUET CHAIRS Mr. Johnson requested the Council appropriate $15,000 from loan montes to purchase additional chairs through the bid process. This amount would come from the unused funds allocated for the fence and security system. Mrs. Kirby requested if money was still remaining that it be used for a tape deck. Mr. Johnson advised that the cassette tape deck had already been ordered. Dr. Butler made a motion to appropriate $15,000 for purchase of banquet chairs. Mr. Loffredo second the motion and It passed unanimously. Mrs. Kirby questioned If the Club could pay Its portion of the capital loan. Mr. Johnson advised he would report back to the Council on how much Is remaining on the loan. There was brief discussion, initiated by Mayor Canton, on whether Village and Club business should be separated Into 2 distinct meetings. The general consensus of the Council was to proceed as usual. PENSION ORDINANCE - Second and Final Reading After reading by title by Mr. Johnson, Dr. Butler made a motion to approve and adopt the Ordinance on second reading. Mrs. Stoflk second the motion and It passed unanimously. The Ordinance being entitled: ORDINANCE NO. 511-88 An ordinance of Miami Shores Village, Florida, amending var- ious provisions of the Miami Shores Pension Plan; 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 discretion, elect to employ legal counsel other than the attorney for the village; amend - Ing 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 Statements; Falsifying Records," to prohibit the wilful1 falsification of pension - related documents and making wilfully false statements In an effort to obtain benefits under the Miami Shores Pension P lan; amending Section 18-46, Miami Shores Village Code, "Penalties for Violation", to provide penalties for any mem- ber who Is determined to have wilfully falsified pension -re- lated documents or wilfully made false statements in an ef- fort to obtain benefits under the Miami Shores Pension Plan; amending Section 18-47, Miami Shores Village Code, "Member- ship", to delete the minimum age requirement for participa- t ion In the Miami Shores Pension Plan upon the effective date of this ordinance; amending Section 18-49, Miami Shores Vil- lage Code, "Service Retirement Allowance", to delete refer- ences 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 Pension 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 Members", to provide for an Increase In the contribution 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. DISCUSSION OF LANDLORD REGISTRATION AND PERMIT PLAN Mayor Canton presented an ordinance used In the city of Gainsviile which basically required a permit for home owners wishing to rent their home. The home owner Is responsible for any violations and the city has the option of rescinding the permit. Mr. Fann advised he would consult with the Gainesville city attorney to investigate their experience with the ordinance. Mrs. Stofik made a motion to refer the presented ordinance to the Planning and Zoning Board for their consid- eration. Mr. Loffredo second the motion. Mrs. Kirby requested a deadline for the Board to report back to the Council. Mrs. Stofik amended her motion to Include a 45 day deadline to report to the Council. Mr. Fann stated If the Board were not able to provide the Information within the deadline, It could present a request for more t ime. Mr. Loffredo agreed to the amendment to the motion and the motion passed unanimously. ORDINANCE ON STORER CABLE TV - First Reading Mr. Johnson read the Ordinance by title: AN ORDINANCE AMENDING MIAMI SHORES VILLAGE ORDINANCE NO. 407-78; REDUCING TERM OF CABLE TELEVISION FRANCHISE FROM TEN TO FIVE YEAR; INCREASING FRANCHISE PAYMENTS FROM 3% TO 4% OF ANNUAL GROSS REVENUE; PROVID- ING FOR EFFECTIVE DATE. Mr. Loffredo made a motion to pass the Ordinance on first reading. Dr. Butler second the motion. Jeff Carlson, Operations Manager for Storer Cable, reported that the existing franchise expires In 1989. The length of time has been reduced to 5 years which would thus bring all the cities In his operation Into a uniform renewal franchise. His other cities have 15 year franchises. He explained the Increased franchise fees paid to the city would bring the city to its maximum under the FCC guidelines. The effective date of the Ordinance Is March 21, 1989. The motion passed unanimously. VILLAGE MANAGER'S REPORT Country Club Financial Report Mr. Johnson reported the total operating revenues for month to date for May 1988 were $150,728 compared to $175,706 In 1987. The net Income Is minus $6,530 compared to $33,238 last year. Year to date operating revenue Is $1,790,313 compared to $1,686,606 last year. Country Club Membership Report Membership as of June 15 Is 1,527 compared to 1,589 last year. He advised that revisions In membership fees and structure were being reviewed and would be presented to the Club Advisory Board and then to the Council. Investment Report The weighted average rate of return Is 6.91%. ANNOUNCEMENTS As noted on the agenda. COUNCIL COMMENTS Mrs. Stofik commended the Fine Arts Commission for Its participation In the Royal Poinciana Festival. Mr. Loffredo reported that the Manager has presented a proposed estimate of $45,000 on the new Snack Shack facility. He stated It would be prudent to have a workshop on the barricade Implementation before the next Council meeting. Mrs. Kirby requested that the Item be put on the agenda of the next Council meeting for discussion on whether to put barricades In a referendum. It was the general consensus of the Council to schedule a workshop on barricades for July 27 at 7:30 p.m. at Village Hall. Mrs. Kirby thanked the reporter for the recent "Neighbors" article on the change In management at the Club. Mayor Canton requested the Council consider naming the Field House for resident, Ed Abdella. He commended Mr. MIIltana for the renovation of his business area on Biscayne Blvd. and requested the Village Manager Investigate the area west of Pubiix to provide some deterrent to parking on Club and 6th Avenue. He recommended some type of beautification for this area. He advised there Is a test study underway with Florida Power & Light to determine If more street lights are needed in tl"- west area. The Mayors from North Dade are scheduled to me with county code enforcement to discuss enforcement In ..:rounding areas. PUBLIC COMMENTS Paul Bueschele, N.E. 103rd Street, Inquired If the proposed landlord ordinance included permits for renters of a room In their home and what action would be taken if residents of N.E. 103rd Street between Miami Avenue and N.E. 2nd Avenue voted for barricades. Dick Bezdek, 104th Street, requested the landlord ordinance Include plumbing, termite, painting, roof, and electrical Inspections and expressed concern about Increase In traffic on his street. He requested the speed limit be reduced to 30 m.p.h. Mrs. Kirby requested the police department monitor the speed limit for a week on 104th Street from North Miami Ave. to N.W. 2nd Avenue. J.C. Brown, 50 N.E. 91st Street, expressed disappoint- ment In the barricade meeting he attended. He requested the Council Workshop be scheduled at the Community Center. He stated residents in his neighborhood had signed a petition to not put up barricades. Frank Nowlan, 91st Street, recommended a southern peri- meter be considered in the barricade plan. He presented a copy of a petition for barricades from residents in his neighborhood. Ann Vigneron inquired If there would be a rate increase with the new Increase In franchise payments. Mrs. Ortigoza, 90 N.E. 98th Street, expressed concern about lack of police control around the Shores theater In the evening., She feels complaints to the Police Department are not taken seriously. Mr. Johnson stated he would discuss with Police Department. Dr. Butler recommended residents In the area become involved In Mr. Von Langen's theater proposal. Ed Harrgan, 260 N.E. 99th Street, requested an explana- tion of the $6,000 budget for the Fine Arts Commission. T.F. Chamipers, 10642 N.E. 11th Ct., commenced Miami Shores Plumbing for its civic concern when it loaned one of Its vans for use In a drug bust. Mrs. Kirby Inquired If pending violations against the Best Value Inn could result In Its being closed down. Mr. Johnson advised the Hotel and Motel Association could be notified. He would investigate. Jacquelyn Scott, 726 N.E. 92nd St., requested action be taken concerning the Hacienda de Ferdinand Motel which Is dangerous to the area. The meeting adjourned at 10:05 p.m. ATTEST: Elly F. Johnson Village Clerk BY: a Aria Clayton /2 Deputy Village Clerk