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08-02-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING AUGUST 2, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, August 2, 1988, at Village Hall commencing at 7:31 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 Dottie Yates, Crime Watch Coordinator Doctor Harold Davenport of the Miami Shores Community Church gave the Invocation and Mayor Canton led the Council In the Pledge of Allegiance. Mayor Canton presented a Proclamation for "National Night Out" to Dottie Yates, Crime Watch Coordinator. Mrs. Yates thanked Mayor Canton and all those who have participated In the cause. MINUTES a. Regular Council Meeting 7/19/88, passed unanimously. Receipt Acknowledged: b. Council Budget Workshop 7/25/88, passed unanimous- Iy c. Country Club Advisory Board 6/15/87, Mr. Loffredo questioned whether these were correct minutes for 1988. Mr. Johnson replied that they were not and that the correct ones will be sent to Council by the next meeting. d. Planning and Zoning Board 7/14/88. In regards to the Planning and Zoning Meeting, Mr. Loffredo asked Mr. Johnson If Item 2 is going to come back to us on the Historic Preservation Ordinance. Mr. Johnson said that Mr. Rossi and Mr. Laubenthal will talk to the Council when we get to Item 10. Mr. Loffredo asked If this would come up as a Historic Preserva- tion hardship type of situation. Marty Stofik said that she thinks that It's their intention to wait until we act on the change of the ordinance and come In under the first request for the ordinance. Mayor Canton asked Mr. Rossi and Mr. Laubenthal to approach the Council and speak on Item 10 of this Meetings Agenda, titled: Ordinance To Include Designation As "Historic Landmark" As A Considera- t ion In Determining an Application for Variance. Mr. Rossi spoke on the Landscape Ordinance making reference to the fact that the Downtown Revitaliza- t ion Board a few months ago sent to them a rough draft of a Landscape Ordinance which entailed ordinances, regulations and rules for the Downtown Revitalization District, (the N.E. 2 Avenue d istrict). The Planning and Zoning Board looked at this and felt that it was well done. Miami Shores Is one of the few municipalities that doesn't have an overall landscape ordinance for the whole Village. Mr. Laubenthal, discussed a proposal Land Ordinance which he has put together. Mr. Rossi said it should be located In the Schedule of Regulations, the fold out section In the Code Book, showing zoning requirements for landscaping. Ordinance shows a raising of the hedge height from 5 feet to 7 feet. (Only hedges, not fences.) Mr. Rossi and Mr. Laubenthal will send the Ordinance to the Village Attorney for him to put Into Ordinance form and It will then go to Planning and Zoning and a Public Hearing will be set. Mr. Loffredo asked why the change to 7 feet hedges. Tom Laubenthal explained that when S.518 In the Code was formulated that hedges were "lumped In" with walls and fences and that since then a 5 foot hedge hasn't been responsive to community needs. Mr. Laubenthal continued discussion on proposed ordinance. Dr. Butler asked if other communities have land- scape ordinances. Mr. Laubenthal said most do, especially If growth minded and that 61 and 62 Districts have potential for evolution with the Main Street Program and he feels the landscape code needs to be carried through to all districts. Dr. Butler makes reference to questions In the past about what the reference of height Is for hedges and permanant structures and asked If the Ordinance tells what the reference of height will be. Mr. Laubenthal answered that It's always the same criterea for walls and fences. Karen Kirby asked Mr. Laubenthal why there was a d ifference In fences and hedges; and why not fences and landscaping 7 feet high. Mr. Laubenthal ex- plains the difference and that the finished side of a fence always faces the adjacent property. Mayor Canton asks Mr. Laubenthal how they arrived at a height of 7 feet. Mr. Laubenthal responded that 7 feet Is a good height. Mr. Loffredo disagreed, saying that because of crime, that 7 feet Is a perfect shield for persons who want to hide. He said to wait and see what the public has to say. Mr. Rossi said that Mr. Johnson's letter on Hedges brought a great deal of response and that the results of the public hearing will determine alot. Marty Stofik asked where the area on controlling the trees In right of way can be found In the Ordinance. Mr. Laubenthal responded to look In Definitions - Landscape Maintenance. Mr. Laubenthal discussed tree removal from private property right of way. Mayor Canton asked when there will be a public hearing? Mr. Laubenthal responded that when an Ordinance comes back from Village Attorney. Marty Stofik congratulated Mr. Rossi, Laubenthal and Planning and Zoning on this Issue. Mr. Rossi added that the graphics they supplied covers everything. Mayor Canton expressed how beneficial it Is to have an experienced person such as Mr. Laubenthal In our community. He thankeMr. Rossl and Mr. Laubenthal. e. Downtown Revitalization Board 7/20/88. Mr. Loffredo has some comments about the minutes but wants to discuss when Council gets to Item 3 on agenda. It concerns the Theatre. Mayor Canton aknowledges receipt of the Downtown Revitalization Board Minutes for 7/20/88. PRESENTATION OF PETITION FORM FOR COUNCIL APPROVAL - Mrs. Cherri Brum Mr. Johnson stated that Mrs. Brum has submitted a form for petition. Mayor Canton asked Mrs. Brum to read petition, which she did. Mr. Loffredo questioned whether there was a specific reason for the protect? Mrs. Brum explained her reason. Karen Kirby asked Mr. Fann If the petition form Is correct. Mr. Fann responded, "yes". Karen Kirby asked If Council could amend Ordinance. Mr. Fann responded "yes". Karen Kirby said that she would be glad to make a motion that the fence height ordinance be changed, the fence height being 6 feet and hedges 7 feet. Dr. Butler speaks in regard to the fact that Planning & Zoning is going to have a public hearing to propose a change covering this Issue and asks If the petition Is completed and brought back to Council If we are by law mandated to put it on the referendum. Mr. Fann responded that the law can be adopted. Dr. Butler asked If the petitioner has the right to withdraw it, prior to election date and, If Planning & Zoning came back with one proposal and it goes on ballot and If there's a conflict between the two are we legally bound to the results of a referendum. Mr. Fann responded "yes, that If the results of the referendum is contrary to the Ordinance." Dr. Butler asks if Planning & Zoning comes up with some- thing before would It be superceded by referendum to bring heights down again. Mr. Fann responded It would. Dr. Butler asks If the petitioners see that something's been done to their satisfaction, how can they withdraw pro- posal. Mr. Fann responded that there Is no existing withdrawal mechanism. Mr. Fann stated we unfortunately have no control over the referendum. Mrs. Brum said she would be willing to amend her peti- tion to read "Hedges Only" Instead of directing it to walls and permanent structures. Dr. Butler called to Mrs. Brum's attention that the format being presented to Council tonight Is for Council approval, and that now Is not the time to amend the change. Mrs. Brum said she could do It at next meeting. She said she would bring It back at another time and she thanked the Council. DOWNTOWN REVITALIZATION BOARD REQUEST TO EXECUTE A ONE YEAR CONTRACT WITH PROJECT MANAGER Mr. Johnson called Pat Dahne to microphone. She dis- cussed the standardizing of a one year contract with the Protect Manager for the new fiscal year, so it wouldn't be necessary to keep coming back for extensions and also so Mr. West would know that he had a Job for more than 3 months. Dr. Butler requested that the Council authorize the execution of a one year contract for the Downtown Revitaliza- tion Board Protect Manager. Mr. Loffredo seconded the motion. The motion passed unanimously. Mr. Loffredo brought up question about minutes and what's happening with the Theatre. He noticed that there seems to be 2 separate efforts In place about doing something about The Shores Theatre. He asked Pat Dahne to give the Council some background on what's going on. Pat Dahne stated that Downtown Revitalization Board and Historic Preservation had had many meetings and also Fine Arts, meeting with Mr. Von Langen to discuss his proposal. From that discussion the Idea emerged of having a foundation that was a group of community members composed of business people, making it possible to be eligible for certain charitable donations and that the group has gone ahead with plans for a fund raiser that would hopefully generate enough money to purchase the lease or at least work out terms to purchase the lease. Mr. Loffredo asked why this foundation Is a good thing and feels that It's going to undermind Mr. Von Langen's ef- fort. Mr. Loffredo asked Mr. Johnson when the City's option on the lease expires. Mr. Johnson responded that the lease expires on September 22, 1988 at Midnight. Extensive discussion continued on the Issue with Mr. Von Langen being called upon to speak. Dr. Butler suggested this Issue be Included officially as an agenda Item. Mayor Canton agreed. Mr. Loffredo made a motion that Discussion of Progress on Theatre Lease be an agenda Item. Marty Stofik second the motion. The motion passed unanimously. Dr. Butler suggested other agenda Items need to be taken care of. Mayor Canton suggested that the Item be added to this agenda as Item 11a. AWARD OF BID FOR DINING ROOM CHAIRS Staff recommendation was to award to Henry Lee Co. In amount of $30,622.50 for 45 arm chairs and 125 side chairs. Dr. Butler moved approval as recommended. Mr. Loffredo second. Discussion that funds were budgeted by City Council. Mr Loffredo asked about cost being higher than expected. Mr. Johnson stated that we had to purchase fewer chairs because of it. Mr. Loffredo asked how Advisory Board and Country Club Manager felt about it. Are they happy? Mr. Johnson responded with "yes" and that the chairs can be ordered In the future If we decide to add at a later date. Mr. Loffredo noted from the minutes, the resignations, and suggested, for the record, that the Foundation not let It's board or representation get too narrow as it will cause trouble down the line. The motion passed unanimously. RESOLUTION ON COUNTRY CLUB MEMBERSHIP FEES Dr. Butler makes a motion. Marty Stofik seconds and discusses her negative feeling about Section 4. Mr. Johnson responded about it being adopted annually. Mr. Loffredo asked Mrs. Stofik If the fee schedule Is consistant with the proposal she had worked on with the Vil- lage Manager and was she happy with It. Mrs. Stofik responded that the only difference In this and what had been presented to Advisory Board was that this Included the 5% and that, which was originally presented, did not. She stated that everything else is "in line". Mr. Loffredo directed a discussion to Mrs. Stofik about the Increase In Intermediate Golf. Mrs. Stofik, stated that the Increase Is about $150.00. Mr. Loffredo indicated his opposition to this Increase. Mrs. Stofik stated that the two Intermediate Golfers on the Advisory Board said that they support the increase and that It's In line with other clubs. Mr. Loffredo said he knows the two Intermediate Golfers and that their political, financial standing Is much greater than that of the average members In that category. General Membership Fee was discussed In conjunction with golf. Mayor Canton discussed his feelings of the, "more than fare" cost to be a member of the Country Club In comparison to other clubs. Mr. Loffredo indicated his concern that we might lose members In the Intermediate Golf category with this Increase. He went on to say that relating to certain clubs, Country Club prices are a bargain but relating to others, It's not. He stated that the course Is there for residents first, and that he thinks these are significant Increases in one particular category. Mr. Loffredo discussed Section 3g. of the Resolution setting forth that all golfers be assigned a locker. The mandatory charge for the use of a locker In the Club being $52 per year. Mr. Loffredo made a motion to amend the Resolution to delete Section 3g. Motion died because of lack of a second. Mr. Johnson called on Ms. Gall Macdonald to discuss the procedures. She at that time stated that it Is always passed at this particular meeting so that the bilis can be sent out. Mrs. Stofik discusses her feelings that the Country Club members don't really know what's going on at tonight's Council Meeting. Mr. Johnson brought up fact that If the Resolution Is not adopted tonight there will be a problem with revenue. Mayor Canton discusses improving communications with Country Club members. Mr. Johnson discusses that budget can be changed until It's adopted. Previous Motion - moved and seconded Motion passes - Mayor Canton, Dr. Butler, Marty Stofik - Yes Karen Kirby, Mr. Loffredo - Oppose TELECOMMUNICATIONS UTILITY TAX ORDINANCE, Second and Final Reading Mr. Loffredo moved adoption on second reading. Passed unanimously. RESULTS OF BUDGET EXECUTION REVIEW Mr. Loffredo asked why the accounts on Travel and Pro- motion were over spent. Gail Macdonald said she would supply breakdown. Mr. Johnson discusses 7,505 carry over with Marty Stofik and Mr. Loffredo. Ms. Macdonald discussed overexpenditure of $500.00 (Travel). Karen Kirby requested to see breakdown of travel expenses. Mr. Loffredo makes motion to accept Budget Execution Review. Dr. Butler seconds. Mayor Canton, Mr. Loffredo, Dr. Butler, Marty Stofik-Yes Karen Kirby - Opposes. Motion passes. ORDINANCE ESTABLISHING WASTE FEES, First Reading Marty Stofik moves adoption. Dr. Butler seconds. Mr. Johnson said that it came down a little. It Is now $298.00. Mr. Loffredo discussed his concern of ever Increasing Increases In garbage fees. He thinks for next year something should be done In terms of this amount such as changing de- livery habits; maybe going to 3 times every 2 weeks. He Is concerned about hitting a resistance level at some point. Dr. Butler asked Ms. Macdonald If a capital expenditure of $30,000. were eliminated, how would it effect each Indivi- dual household. Ms. Macdonald said It would be a $5.00 difference. Mr. Johnson discussed what the State is doing with the solid waste laws and the effects It will have on The Village. Mr. Loffredo said this Is why he's brought this up and that we could be looking at a $100 a year Increase next year, which Is a lot, that doesn't really have anything to do with us. Mayor Canton asked Ms. Macdonald If other communities are covering their waste fees. Ms. Macdonald said we are covering our waste costs fully. Mayor Canton asked If there was a motion. Marty Stoflk Indicated "yes". Dr. Butler seconded. Motion passed unanimously. ORDINANCE TO ESTABLISH A WASTE FRANCHISE FEE, First Reading Motion and Second Mr. Johnson discussed the fact that it will give us something to help towards next year. First reading passed unanimously. ORDINANCE TO INCLUDE DESIGNATION AS "HISTORIC LANDMARK" AS A CONSIDERATION IN DETERMINING AN APPLICATION FOR VARIANCE, First Reading Mr. Johnson read Ordinance and read attached memo that said that the Planning & Zoning Board voted to approve the amended Ordinance unanimously. Mr. Loffredo made motion. Marty Stoflk second. Dr. Butler and Marty Stoflk discussed the Historic Land- mark designation, established through The Secretary of In- terior. These standards are used throughout the Country for determining whether property can be designated as a "land- mark". Dr. Butler and Mr. Rossi discussed Code confliction. Mr. Fann discussed hardship inflicted on property owners and specific guidelines approved by the State. Marty Stofik discussed Interpretation of hardship Variance conflict of Planning & Zoning and historic preserva- t ion. First reading passed unanimously. DISCUSSION ON PUBLIC RELATIONS PROGRAM, By Mayor Spero Canton Mayor Canton calls a 5 minute recess. He then recog- n ized Judge Swanko who came to the podium. He Is running for Judgeship. Mayor Canton spoke on: his momo to Council re: 2 Public Relation options: (1) Appropriating money for a professional public rela- tions agency or (2) Creating a Public Relation Board consisting of a committee of volunteers from the community which Include Public Relation Specialists who would volunteer their time toward a working Public Rela- tions Program. Dr. Butler discussed that option (2) seems more appro- priate. Mayor Canton discussed that after we "bid out" that, we found out that there were a lot of little extra fees that the Public Relation firms added that we hadn't counted on. Mr. Loffredo agreed about failure of approach to *(1). He feels that the formation of another board Is not the way to go. Marty Stofik felt that *(2) option is appropriate and d iscussed what had been done with The Executive Relocation Program, and that a "short term" volunteer group of specialists with specific program with specific Ideas for donations would be good. Karen Kirby felt *(1) option Is best and that press releases should go out. Also, she feels that we should go ahead and spend what we now have. Mayor Canton responded that option *(1) would be best because he thinks a Public Relation group committee to the Shores would be In the Village's best Interest. Karen Kirby suggested that Mayor Canton appoint persons to pick people who live in this community and have Interest In this community who want to work as part of a Public Rela- t ion group and that we don't need to appoint a board. Dr. Butler suggested Mayor exercise his perrogative to use the money we have and for next year. If it Is used, he advised that the donors be told what their money would be used for. Mr. Loffredo made motion that the Council authorize Mayor Canton to appoint a committee for the purpose of Imple- menting a Public Relation Program with the funds already budgeted for that purpose with approval of expenditures by normal City procedures. Karen Kirby asked if part of motion would be that at any time that funds reach a point where they are useful, that they be matched with the city funds at that time. Karen asked that when "built up funds" occur that they be used. Mr. Loffredo had previously made motion. Motion passed unanimously. DISCUSSION OF PROGRESS ON THEATRE LEASE (Mr. Loffredo's previously passed motion earlier In meeting to make theatre discussion Item 11a) Mayor recognizes Mr. Von Langen for dlscusslon on theatre Issue. After a very lengthy dlscusslon with Mr. Von Langen, Tony West, Pat Dahne and Council Members, regarding the following topics: what Mr. Von Langen had done to further progress of the theatre, the meeting hosted by Mr. Keller, the September 17th extravaganza, Mr. Astor's nonsupport of Mr. Von Langen, Tony West's statement regarding discovery that the two other partners of Mr. Von Langen are Barbara North Burton and Franklin Grau, Mr. Von Langen's response to Mayor's questioning him as to whether he has a corporation, including response of "Yes, I am sole person In corporation." The discussion continued and then came to a close with Mayor Canton's statement that he does not want to see progress Impeded. A discussion on Country Club Manager's memo of August 2, 1988, with subject, Resodding of Greens Numbers 11, 12, 13, 14, 15, 16 and 17 advising of the stripping and dragging of the greens on August 10, 1988. The completion of the sodding program will be August 28, 1988, weather permitting. The total cost will be $9,134.80. (Sod will be purchased from Nutri Turf). Mr. Klug's memo stated that all specifications were met. Mr. Loffredo commented on how good the greens look. Karen Kirby discussed fact that there's a "store front church" on east side of Biscayne Boulevard. Mayor Canton asked that Council give him some "feedback" on taking in Code Enforcement and Zoning and asking the County to extend It to the enclave areas. Mayor Canton wants to pursue the enclave areas Issue and would like to have It put on the Dade County agenda. Mayor Canton asked that It not be "counted out". Dr. Butler sald the Miami Shores Budget can stand It. Karen Kirby said our values will go up. Resident Ed Harrigan asked If the Country Club pays for their trash pickup. Mr. Johnson responded "yes". Mayor Canton gave Council Meeting "Announcements". Adjournment was at 10:46 PM. ATTEST: BY: Elly F. Johnson Village Manager Elly F. Johnson Village Manager