Loading...
08-16-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING AUGUST 16, 1988 The regular meeting of the Miami Shores Village Council was held on Tuesday, August 16, 1988, at Village Hall, commencing at 7:32 p.m. with the following members present: Mayor Spero Canton Stephen Loffredo Robert Butler, Jr. Karen Kirby Marty Stofik Also present: Elly F. Johnson William F. Fann Rev. Morrell S. Robinson of Rader Memorial United Metho- dist Church gave the invocation and Mayor Canton led the Council In the Pledge of Allegiance. MINUTES Mr. Loffredo stated that the minutes of the Regular Council meeting on 8/2/88 were not accurate in certain places also the Budget Workshop minutes from 7/18, 7/20 and 7/21 were not specific enough. Ms. Stofik made a motion to table approval of minutes a -d on the agenda until the next meeting. Dr. Butler seconded the motion and it passed unanimously. PLANNING AND ZONING BOARD ITEM *2 Mr. Lu Bien explained the details of the appeal. He stated that 15 feet were needed between buildings. If the variance Is granted the buildings would be 5-6 feet apart. Ms. Kirby asked If this was a Miami Shores code or If it was a South Florida code. Mr. Lu Bien stated that it was a Miami Shores code. John Qulrino of Quirino Construction Company spoke for Mr. Viscount. He explained what Mr. Viscount wanted to do and why he felt the construction would be an improve- ment to the existing structure. Mr. Viscount discussed what a hardship Is, and how the existing kitchen Impacts on his family. Mr. Rossi of Planning and Zoning stated that the board was sympathetic with the roof line problem. He also stated that the board was sympathetic with the addition. The only problem was the existing ordinance he said. Mr. Fann stated that If the variance is granted without a hardship, then it becomes a precedent. Mr. Loffredo stated that the ordinance was made to prevent the building of new accessory buildings, not to pre- vent the improvement of existing buildings. Ms. Kirby made a motion to grant the variance with the addition having a tile roof. Ms. Stofik seconded. The vote was 4 to 1 in favor of the motion with Dr. Butler voting no. LANDLORD ORDINANCE Mr. Rossi stated that any business should have a license including the business of being a landlord. He sta- ted that the license should not come from building and zoning, and suggested that it should be an occupational license Item. Dr. Butler stated that we should be sure that the Council can use the license to enforce regulations. Ms. Stofik made a motion to instruct the Village Attorney, based on the Gainesville, Florida ordinance, to draft an amendment to chapter 14 of the occupational license and business regulation ordinance to Implement the measures as previously discussed. The motion was seconded by Dr. Butler and passed unanimously. ITEM *3 Ms. Brum presented a petition form for the Council's approval. Mr. Fann brought up the Landscape Ordinance that Building and Zoning Is working on. He asked that the Council waives the letter that fines residents, until the Landscape Ordinance Is finished. Mayor Canton stated that the hedge height ordinance went to a vote of the residents and the Council acted on what the residents wanted. Mr. Johnson asked the Council to delay enforcement. Mr. Loffredo made a motion to delay enforcement on the height of hedges. Ms. Kirby seconded the motion. The motion was withdrawn. Mr. Fann stated that the petition was not In the correct form. Ms. Stofik suggested that Ms. Brum wait until the landscape ordinance is completed. Mayor Canton stated that the petition would be better received If walls and fences were removed from the petition. Ms. Kirby made a motion to add, delay of enforcement of the hedge height regulation, to the agenda. Dr. Butler seconded the motion. The vote was unanimous In favor of the motion. ITEM *4 MAYOR ECKERT OF EL PORTAL Mayor Eckert asked the Council to defer placing barriers between the common borders. He stated that they would imply prohibition or restriction of El Portal residents. This could Jeopardize public agreement between the two cities. Mr. Macintosh, a Miami Shores resident, agreed with Mayor Eckert. He also stated that fire trucks and ambulances will have a problem If barricades are Implemented. Admiral Condit, a Miami Shores resident was concerned that the Council was acting on impressions rather than facts such as traffic surveys. He stated that N. Miami fire rescue will have to change their routes to respond to Miami Shores fires, and response time will be longer. He felt it would be an Insult to our neighbors(EI Portal) and would be financially irresponsible to spend money on barricades. Ms. Solvony, a Miami Shores resident, was at first against barricades, but now that some of them are In place, Is now in favor of barricades. She suggested that we might work together with El Portal to have a barricades program. Ms. Larson a Miami Shores resident stated that bar- ricades are not an Insult. She stated that if El Portal wants to Join us In our barricade program she supports It. Ms. Larson stated that El Portal would only profit from the resulting reduction In crime. Discussion arose as to whether Miami Shores could legally put up barricades. Mr. Loffredo stated that the Council has the legal right to control our streets. Mayor Canton stated that discussions were cordial with Mayor Eckert on the barricade matter. He went on to say that this was only a pilot program, Implemented only to reduce the number of cars coming through Miami Shores. He stated that by no means are we trying to convey negative things to our neighbors. Only to reduce crime. ITEM *5 FINE ARTS COMMISSION Fine vote There were two Arts Commission, was as follows: Ms. Stofik Dr. Butler Ms. Kirby Mr. Loffredo Mayor Canton Ms Ms Ms Ms Ms applicants for the Ms. Commissiong and . Quiroga . Quiroga . Commissiong . Commissiong . Quiroga appointment to the Ms. Quiroga. The Ms. Quiroga was appointed to the Fine Arts Commission. ITEM *7 FLORIDA LEAGUE OF CITIES VOTING DELEGATE Dr. Butler moved to have Mayor Canton be the voting delegate. Ms. Stofik seconded the motion and the vote was unanimous In favor. Mr. Loffredo made a motion to have Ms. Kirby be the alternate. Dr. Butler seconded the motion and the vote was unanimous in favor. ITEM *8 ORDINANCE ESTABLISHING WASTE FEES. AN ORDINANCE AMENDING SECTION 9-42 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; INCREASING WASTE FEES; PROVIDING EFFECTIVE DATE. Mr. Johnson read the ordinance. Mr. Loffredo moved to approve the ordinance, Dr. Butler seconded the motion and the vote was unanimous In favor of the motion. ITEM *9 ORDINANCE TO ESTABLISH A WASTE FRANCHISE FEE AN ORDINANCE AMENDING SECTION 9-21 OF ARTICLE II OF CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; LEVYING SIX PERCENT GROSS RECEIPTS LICENSE FEE ON SOLID WASTE COLLECTORS; DEFINING "GROSS RECEIPTS"; REQUIRING LICENSEES TO PROVIDE DOCUMENTATION OF CHARGES MADE FOR SOLID WASTE COLLECTION; AUTHORIZING INSPECTION OF RECORDS OF LICENSEES; AUTHORIZING COLLECTION PROCEDURES BY MIAMI SHORES VILLAGE; REQUIRING IDENTIFICATION ON GARBAGE DUMPSTERS; PROVIDING EFFECTIVE DATE. Mr. Johnson read the ordlnance. ®RD o NAlig&,.L Mr. Loffredo made a motion to approve the Ms. Stofik seconded the motion and the vote was unanimous in favor of the motion. ITEM *10 AWARD OF BID FOR COMMUNITY CENTER ADDITION Mr. Johnson recommended awarding the bid to Mr. Garey his bid was the lowest, coming In at $8,193. Mr. Loffredo moved to award the bid according to staff recommendations. Ms. Stofik seconded the motion and the vote was unanimous in favor. ITEM *10A DELAY OF ENFORCEMENT OF HEDGE HEIGHT REQUIREMENT. Ms. Kirby made a motion to delay enforcement of the hedge height ordinance until the landscape ordinance Is re- solved. Mr. Loffredo seconded the motion. Ms. Stofik stated that a law Is a law and should be enforced. She mentioned other laws that have been changed In the past, and said that compliance was enforced until the law was changed. Mayor Canton stated that we should be consis- tent with what the Council has done in the past year and continue to enforce the law. Dr. Butler stated that the Council should wait until Building and Zoning finalizes their decision on the landscape ordlnance. Mr. Loffredo stated that the Council should go through public hearings before they enforce the hedge ordinance. Mr. Johnson stated that It was his Job to uphold the law of the Village. He told the Councll that it would take 3 months to Inspect the hedges across the Village. He went on to say that if there was a possibility of change in the ordinance, he could have Mr. Lu Bien concentrate In other areas. Ms. Kirby withdrew the motion that was on the floor. Mr. Loffredo moved to direct the Village Manager to postpone Inspections of the Village for hedge violations. Dr. Butler seconded the motion and the vote was unanimous In favor of the motion. ITEM *6 DISCUSSION OF IMPLEMENTATION OF TEMPORARY BARRICADES Mr. Johnson stated that Mr. Benton of Public Works recommends the use of type 3 barricades Instead of plastic barrels. Mr. Johnson noted that the type 3 barricades are anchored to the ground so nobody can move them into the middle of the street. The cost to finish the protect for the barricades is $12,977 for the plastic barrels and $15,892 for the type 3 barricades. Mayor Canton inquired of Mr. Johnson if the Village has applied for grant money. Mr. Johnson stated that we haven't because we don't have the required master plan that Is necessary to receive a grant. Mayor Canton Instructed Mr. Johnson to seek grants from the Safe Neighborhood Act. Mr. Johnson replied that they haven't any funds left to distribute. Dr. Butler stated that the barricades have not reduced crime In the areas blocked by the barricades. Ms. Kirby stated that using the same statistics that Dr. Butler used, she can show the barricades have reduced crime. Mayor Canton stated that Dotti Yates, the Citizen Crime Watch Chairperson, has donated her salary of $1,000 to the barricade program. Dr. Butler stated that In implementing the barricade program the council should deal with facts not with Impressions. Mr. Loffredo stated that It's not a question of the Council not doing their homework, but that the situation has changed since the beginning of the protect. Ms. Kirby stated that the temporary barricades are up until money Is appropriated for permanent barricades. Ms. Kirby made a motion to appropriate the funds In the amount of $16,000 to finish the barricade protect with the purchase and implementation of an additional 18 barricades, and to accept any contributions that may be offered. Mr Loffredo seconded the motion. Admiral Condit restated that the Council is not acting on facts, rather on impressions. He gave the examples of crime and traffic. Mayor Canton stated that more residents are for the barricades than against. Ms. Carter a Miami Shores resident asked If we can have the chief of police come to a Council meeting and give his comments. An unidentified resident suggested, as they did In a small town in Georgia, that we arm our residents and educate them in the use of firearms and police procedures. Mr. Fernandez a Miami Shores resident stated that his neighbors say, not how much Is it going to cost for the barricades, but rather, how fast they can be put up. He also suggested that the Council use a management technique called Management by Objectives and to also apply a time frame to the protect. The vote on Ms. Kirby's motion was 4 to 1 in favor of the motion with Dr. Butler voting against the motion. Mayor Canton asked Mr. Johnson to have Mr. Benton look at the problem of people speeding In the alleys and to suggest a solution. Mr. Fernandez suggested putting up no trespassing signs on the alleys Mr. Fann stated that enforcement would be almost Impossible. ITEM *11 VILLAGE MANAGERS REPORT Mr. Klug, the manager of the Country Club, stated that the Club Is running a Targe deficit because of the cost of the commitment to finish Improvements on the golf course, the weather and the fact that only 9 holes of the golf course are In operation. He also reported that dinner business Is up 30 to 40 percent over last year. Mayor Canton stated that Mr. Klug has done a masterful Job of turning the Country Club around. Mr. Loffredo asked Mr. Klug If because of slack time, Is he going to cut down on personnel. Mr. Klug replied that he can't, because now that he Is in operation 7 days and with the repairs on the golf course he required more people than usual. Dr. Butler stated that he would like to commend Mr. Loffredo for his work for Miami Shores as was previously stated by Janet Reno, Florida State Attorney. Mayor Canton announced that Lt. Michael Zoovas has been selected to be the new Chief of Police to replace Chief Fletcher. The meeting was adjourned at 11:36 pm. ATTEST: Elly F. Johnson By: Scott W. Davis Deputy Village Clerk %/ero Ca. ~• Mayor