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07-19-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JULY 19, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, July 19, 1988, at C. Lawton McCall Community Center commencing at 7:40 p.m. with the following members present: Also present Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr. Karen Kirby Marty Stofik Elly F. Johnson, VIllage Manager William F. Fann, Jr., Village Attorney Tom Benton, Public Works Director Mayor Canton gave the invocation and led the Council In the Pledge of Allegiance. As there were a number of residents who wished to speak on the barricade Items on the agenda, Mayor Canton stated the regular business of the Council would be conducted first. MINUTES a. Regular Council Meeting 7/19/88. Mrs. Stoflk made a motion to approve the minutes as written. Dr. Butler second the motion and It passed unanimously. Receipt b. c. d. e. f. g. Acknowledged: Planning and Zoning Board 6/30/88 Code Enforcement Board 7/7/88 Pension Board 6/7/88 Country Club Advisory Board 6/29/88 Recreation Advisory Committee 6/13/88 Downtown Revitalization Board 7/6/88 APPOINTMENT TO THE CODE ENFORCEMENT BOARD Mr. Johnson stated there were four applicants for the unexpired term: Santos F. Rivero, Royal D. LaBarre, Richard A. Colangelo, and J. Leslie Wiesen. Mr. Rlvero and Mr. Colangelo spoke before the Council. Voting by ballot was as follows: Mr. Loffredo - Dr. Butler - Mrs. Stoflk - Mayor Canton - Mr. Colangelo In September 1989. Mr. Mr. Mr. Mr. Rlvero Colangelo Colangelo Colangelo was appointed to the term which expires AWARD OF BID FOR TRASH GRABBER Mr. Johnson stated two bids were received. recommended the bld be awarded to Peterson Industrial He Machines with the lowest bid of $44,364. Mr. Benton advised that the shortfall of $1,364 would be covered by a budget transfer from the waste disposal account. Mrs. Stofik made a motion to award the bid to Peterson Industrial Machines In the amount of $44,364 including a budget transfer from waste disposal to cover the shortfall. Dr. Butler second the motion and it passed unanimously. TELECOMMUNICATIONS UTILITY TAX ORDINANCE. First Reading Mr. Johnson read the Ordinance by title: AN ORDINANCE AMENDING SECTIONS 21-31 AND 21-33 OF CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; DEFINING TELECOMMUNICATION SERVICES AND LEVYING 7% TAX ON CHARGES THEREFOR; PROVIDING EFFECTIVE DATE. Gail Macdonald, Finance Director, reported the tele- communications definition expanded the tax to include such services as answering services, pagers, and beepers. Dr. Butler made a motion to adopt the Ordinance on first reading. Mrs. Stofik second the motion and it passed unani- mously. DISCUSSION TO REDUCE SPEED LIMIT ON 103RD STREET Mr. Johnson Introduced John Meyerholz who presented a request to change the speed limit on 103rd Street from 40 mph to 30 mph. He explained his concern about the potential danger to residents and to students attending the local school. Mr. Benton advised as this was a State road a request would need to be made to the State. He would discuss with them In the morning. Mrs. Stofik made a motion to endorse Mr. Meyerholz's request through whatever appropriate language would be needed. Mr. Loffredo second the motion Mrs. Kirby arrived at the meeting at 8:00 p.m. Mr. Loffredo recommended reducing the speed limit to 30 mph on every major thoroughfare and 103rd Street was a good place to start. The motion passed unanimously. DISCUSSION ON PUBLIC RELATIONS BID Mayor Canton requested Input from the Council on pro- ceeding with a public relations program through a Public Relations Board of resident volunteers. Matching public donations for a program had not been received as anticipated and the contract with Susan Neumann, Inc. was subsequently cancelled. He will put together a proposal If the Council is Interested In pursuing the concept. Mrs. Stofik stated she would be willing to carry forward the $7,500 allocated in this year's budget for the program Into next year's budget. Mr. Loffredo stated possible cuts in the proposed budget might provide additional funds to pursue. He is In support of a program. Mrs. Kirby commented she would support an advisory board of volunteers and did not support hiring a public relations firm. Mayor Canton reported he would present a proposal at a future time. REQUEST FOR PROPOSAL FOR LEGAL COUNSEL TO ASSIST THE PLANNING AND ZONING BOARD AND CODE ENFORCEMENT BOARD Mrs. Stofik reported the Code Enforcement Task Force requested the Council explore the possibility of obtaining legal assistance for the Planning and Zoning Board and the Code Enforcement Board. The recommended Request for Proposal would assist the Council in determining what legal services were available should the Council want to consider this in the future. Mrs. Stofik made a motion to Instruct the Village Mana- ger to send out the Request for Proposal as presented. Mrs. Kirby second the motion. The motion passed by a 3/2 vote with Mrs. Kirby and Dr. Butler dissenting. Mr. Loffredo stated although he voted for the motion he cautioned the Council about Its decision and wanted further discussion when the proposals were received. He did not think the Village needed such legal assistance. REQUEST FOR PROPOSAL FOR PROFESSIONAL VILLAGE PLANNER Mrs. Stofik presented a request from the Code Enforce- ment Task Force to issue a Request for Proposal to professional planners to provide services to the Village. She made a motion to request the Village Manager Issue Requests for Proposals to professional planners as submitted. Dr. Butler second the motion. There was much discussion on this Issue. Mrs. Stofik recommended the Council review the responsibilities of the planner as presented in the memorandum from the Task Force. She made a motion to table this Item until the next meeting. Dr. Butler second the motion and it passed unanimously. RESOLUTION TO REQUEST THE NATIONAL LEAGUE OF CITIES HOLD ITS 1993 CONVENTION IN MIAMI BEACH Dr. Butler made a motion to adopt the Resolution. Mrs. Stofik second the motion and It passed unanimously. The Resolution being entitled: RESOLUTION NO. 835-88 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES, FLORIDA, URGING THE NATIONAL LEAGUE OF CITIES TO HOLD ITS 1993 ANNUAL CONVENTION IN THE CITY OF MIAMI BEACH, FLORIDA. DISCUSSION OF BARRICADE IMPLEMENTATION Mrs. Stofik summarized the street closure recommenda- tions. This Included a plan for a test program and a perman- ent closure program. Mr. Benton reported that the barricades located along Biscayne Blvd. from 97th to 104th Streets and N. E. 6th Ave. from 93rd to 95 Streets are on State right of way and require a permit. He has been advised by the State that the barrels currently used are not an approved form of barricade. He plans to have more information In a few weeks. Dr. Jay Stein, 1360 N.E. 103rd Street, presented an Implementation proposal from the Mayor's Task Force. Elspeth Jensen, 2 N.W. 111th Street, stated Increased traffic flow was ruining the parkway area by her home. Mrs. KIImkevich, 573 N.E. 102nd Street, expressed concern that barricades would Impede emergency response to residents. Frank Nowlan, 7 N.E. 91st Street, Is concerned about the southern boundaries and their need for barricades. Dee Carter, 1151 N.E. 101st Street, is opposed to the barricades. Dr. Breakstone, 9909 Biscayne Blvd., stated minutes count when responding to emergencies and barricades would delay responses. Sandy Winters, 229 N.E. 101st Street, Is concerned about the petition process as residents have been advised If they didn't sign petitions they would be left out of the process. Judy Bachay, 9328 N.E. 9th Ave., supports proposal and feels her neighborhood meets the criteria for barricades. Barbara North Burton, Chairman of the Mayor's Task Force, stated meetings were conducted with emergency services. Their response has been that emergency vehicles use main thoroughfares. She recommended a neighborhood by neighborhood workshop after temporary barricades are placed. She did not support a referendum on barricades. Lt. Bill Peoples, 550 N.E. 94th Street, stated emergency vehicles use main thoroughfares to respond to residents. Alice Burch, 1440 N.E. 101st Street, requested the selection process not be based solely on the residents who attend a particular meeting. Betty Zern, 1065 N.E. 96th Street, requested the Council consider the needs of all residents who did not have barri- cades. Candace Larson, 474 N.E. 95th Street, requested information on when barricades would be placed. Ed Swing, 1323 N.E. 104th Street, Is against barricades and requested the Item be placed on a ballot. Clifford Leander, 525 N.E. 90th Street, states the location of the barricades has left his home out of the Shores. Carl Commissiong, N.W. 11th Terrace, presented a peti- tion for barricades from his neighborhood. Barricades were requested for N.W. 111th Street and 5th Ave. Steve Fairweather, N.W. 111th Terrace, was In favor of barricades. Ron Pelham, 125 N.E. 98th Street, supported barricades and feels property values will Improve. Dennis Persaude, 1120 N.E. 101st Street, asked why his street was left open. He supports barricades. Leona Duval, 46 N.E. 101st Street, asked If barricades would be placed on 101st Street. She supports barricades and Inquired about a plan for use of the alleys. Chris Master, 80 N.E. 97th Street, stated neighborhoods are getting together to save themselves. Jerry Grimes, 161 N.E. 92nd Street, feels the Issue should be left up to the Council. The meeting recessed for 15 minutes and reconvened at 9:45 p.m. Dr. Butler stated the Council needed to address the availability of traffic counters, a definition of temporary barr°Icade placement and a plan If there was no funding when temporaries were removed. Mrs. Stofik recommended six months for temporary barri- cades and to wait until permenant barricades could be funded before removing the temporaries. She supported a referendum but did not think there was enough time to place it on the November ballot. Mayor Canton stated he wanted residents to decide on placement of barricades not the Council. He wants to extend the number of temporary barricades and recommended funding $15,000 In the Non -Departmental proposed budget for this purpose. He feels the Increase In property values will offset the expense. Mrs. Kirby recommended proceeding with temporaries. She wants the Issue placed on a referendum and stated the program needed to be defined for a ballot question. She suggested placing a model permanent barricade on the west side of 101st Street. Mr. Loffredo stated there was no funding In the proposed budget for permanent barricades. He summarized alternate funding options: Ad valorem taxes, Village wide special taxing districts, general obligation bonds, special assessments, and Village reserve funds. He Is concerned that no further barricades would be placed until a referendum In April and suggested a mechanism of special taxing districts. Mrs. Stofik made a motion to adopt Step 1 as proposed. This completes the test program that was approved, establishes a system for residents to communicate any necessary changes, requires compilation of statistics, and establishes public hearings in the test areas following the 6 month test period or until funds are available for permanent barricades. Dr. Butler second the motion. Mrs. Stoflk stated she would reword her motion to include those temporary barricades that have been approved by the Council. The motion as reworded passed unanimously. Mrs. Stofik made a motion to adopt Step 2 with the following change: In *1 add the sentence, Install additional temporaries as funding becomes available In conformity with an overall plan approved by the Council. She explained Step 2 includes the development of a plan, the establishment of cost estimates to determine funding and placement of the Issue on a referendum. Mrs. Kirby second the motion. Mr. Loffedo stated as a binding resolution he would not support the motion but suggested it be considered a statement of policy. Mrs. Stoflk responded this was the Intent of the motion. Dr. Butler made a motion to amend the motion to delete the second sentence In *6 which reads: If referendum falls, provide neighborhoods with information on creating their own special districts to pay for installing closures In their neighborhood only. Mrs. Stofik second the motion and it passed by a 4/1 vote with Mr. Loffredo dissenting. Mrs. Stofik suggested having a workshop In August to work out the details of the two steps. The motion as amended passed unanimously. TASK FORCE CLOSURE COMMITTEE REPORT AND REQUEST FOR ADDI- TIONAL CLOSURES Mrs. Burton reported $8,100 had been received in pledges for additional temporaries. She requested the Council approve the petitions as presented even If funding Is not available. Jack Bailey, 102 N.W. 97th Street, representing Area *2, presented a petition signed by 75% of the residents which requested barricades to make the area a 270 degree closure. His area requested barricades at N.W. 1st Ave. at both 95th Street and 103rd Street; N.W. 1st Court at 95th Street and N.W. Miami Court at 103rd Street. Virginia Johnson, 874 N.E. 99th Street, representing Area *13 presented petition for barricades at the end of 97th, 98th, and 99th Streets and 10th Avenue. Mrs. Burton presented a petition for closure of 101st Street. Her request Included the area between Biscayne Blvd. and 12th Avenue. Pledges of $3,100 have been received from this neighborhood with the stipulation that 101st Street be closed. This area requested that funds set aside for this already approved area be used for additional temporaries In other areas. She stated $5,000 would be donated to the Village by the Mayor's Task Force providing a test area be selected In an Interior enclave. Michele Maruri, 61 N.E. 96th Street, presented a peti- tion for Area *5. She thinks her neighborhood would be will - Ing to assist with funding. Joe Dugoni, 66 N.E. 92nd Street, presented a petition for Area *6. Brian Scott, 120 N.E. 91st Street, requested barricades for Area *6. Sam Michaels, 1070 N.E. 92nd Street, representing Area *16, presented a petition which followed the Task Force's outline except for one southern exit at 91st Terrace. Mary Goodenow, 341 N.E. 104th Street, representing Area *7 presented a petition. Michael Comcowlch,.749 N.E. 95th Street, representing Area *14 presented a petition requesting barricades as out- lined by the Task Force. He stated his petition was not complete and he would submit it In the next few weeks. Mike Dracy stated Area *8 is now 8A and 8B and presented a petition. He explained the area from 4th Ave. to Biscayne Blvd. would be presented In the future. Don Larson, 474 N.E. 95th Street, representing Area *9 added a request to close Grand Concourse at 2nd Ave. to the petition previously submitted to the Council. He stated he would present a revised map to the Council. Mrs. Kirby left the meeting at 11:15 p.m. Todd Johnson representing Area *13 requested the Council consider the area as soon as possible. Mary Jo Fenio, 1201 N.E. 101st Street, requested a bar- ricade for 101st Street. Elaine Fischer, 101st Street, also requested a barricade for 101st Street. Bill Perry, 1175 N.E. 101st Street, requested a barri- cade for 101st Street. Patricia Hamilton, 1156 N.E. 101st Street, stated several residents from 101st Street were present and requested barricades for 101st Street. Ruth Persaud, 1120 N.E. 101st Street, requested a barri- cade for 101st Street. Richard Howard, 101st Street, states he has lived in a closed community In St. Louts and barricades Increased property values In that area. Mr. Loffredo proposed the Council Instruct the Village Manager discuss the time frame of availability of funds for more temporary barricades with Mrs. Burton. He made a motion to add 101st Street east of the Blvd. to the temporary closures with the program already approved. Mrs. Stoflk second the motion and It passed by a 4/1 vote with Dr. Butler dissenting. Dr. Butler stated he was opposed to leaving only one entrance and exit open In a barricaded area as this motion would create. Mrs. Zern requested the Council look at cause and effect in areas where rerouting of traffic had created Increased traffic. Mrs. Stofik made a motion to delete the previously approved barricade at 5th Ave and 91st Street at the southern perimeter. Dr. Butler second the motion and it passed unani- mously. Due to the lateness of the hour, the Village Manager's report which had been provided to the Council was not discussed. The meeting adjourned at 11:45 p.m. ATTEST: Elly F. Johnson Village Clerk BY: It e4--) Aria Clayton Deputy Village Clerk