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12-20-1988 Regular MeetingMIAMI SHORES REGULAR COUNCIL MEETING DECEMBER 20, 1988 The regular meeting of the Miami Shores VIIIage Council was held on Tuesday, December 20, 1988, at Village Hall commencing at 7:31 PM with the following members present: Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr. Karen Kirby Marty Stofik Also present: Elly F. Johnson William F. Fann, Jr. The Invocation was delivered by Reverend John Rice of the Miami shores Presbyterian Church and the Pledge of Allegiance was led by Mayor Canton. ITEM *1 MINUTES Ms. Stofik moved to approve the minutes from the Regular Council Meeting of 12/6/88. Dr. Butler seconded the motion and it passed unanimously. Mr. Loffredo stated he wanted to clarify the minutes from the Comprehensive Plan Workshop. On page one of the minutes Mr. Loffredo said he wanted to clarify that It would serve no useful function for the State to widen the Boulevard through the Shores because there Is a long narrow business district south of the Shores which would restrict traffic. For the flow to be better the State would have to widen the Boulevard south of the Shores also. This would Involve condeming and destroying the commercial area south of the Shores he said. Mr. Loffredo move to approve the minutes from the Comprehensive Plan Workshop of 12/13/88. Dr. Butler seconded the motion and it passed unanimously. Mayor Canton acknowledged receipt of the following minutes: Recreation Advisory Committee 11/14/88 Country Club Advisory Board 11/30/88 Planning and Zoning Board 12/8/88 ITEM *2 AN ORDINANCE ADOPTING MIAMI SHORES COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE LAWS OF THE STATE OF FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING EFFECTIVE DATE. Mr. Johnson read the title of the ordinance. Dr. Butler asked Mr. Fann If any specific ordinance would be superseded by this ordinance. Mr. Fann replied techanically any ordinance In conflict would be repealed. Ms. Stofik asked Mr. Stephen Pitkin of Robert K. Swarthout Inc. what commitment does the current plan make on the Council to adopt additional ordinances that are reflected In the plan. Mr. Pitkin replied that the Council has the ability to amend the Pian twice a year and any ordinance specified could be deleted. Dr. Butler made a motion to adopt the ordinance. Mr. Loffredo seconded the motion and it passed unanimously. ITEM *3 DISCUSSION AND POSSIBLE ACTION ON PROPOSAL FOR LEGAL COUNSEL TO THE PLANNING AND ZONING BOARD AND THE CODE ENFORCEMENT BOARD. Mayor Canton explained about the bids that were requested In September 1988. Dr. Butler asked if Planning and Zoning gets Into litigation cases. Mr. Rossi replied no litigation would probably come to Code enforcement. Mr. rossi went on to say that the only reason Planning and Zoning would need an attorney would be to advise them on the writing of the ordinances. Dr. Butler stated that the Village Attorney does that. Dr. Butler asked Mr. Fann or Mr. Johnson how many cases has the Village had to go to court on Code Enforcement In the last 12 months. Mr. Fann replied that the Village has not had any. He went on to say that for the past 13 years the arrangement has been that the chairman of the planning board would consult him any time they needed legal advice and If there Is something that he could not handle, after discussion with the Village Manager, steps would be taken to get outside help. Ms. Stoflk stated the need arose for two reasons: First, aggressive litigation toward code violations, and second for Planning and Zoning to have access to a specialist who would have a quicker response to Items that came up and also to help In developing new ordinances. Dr. Butler stated he would like to see the need created before the money Is budgeted for attorney fees. Mr. Loffredo stated that there are no suites pending and asked if there were any suites the Village was looking to bring. Mayor Canton replied that there are things going on In the Village that the Board could pursue. He gave the example of multi families living In a single family residents. Ms. Kirby asked Mr. Fann If there has ever been a time when he has been asked to litigate that he has refused to do it. Mr. Fann replied no. Mr. David Pena and Mr. Douglas Broeker from the law offices of Fowler White spoke to the Council. Mr. Pena stated that by retaining his law firm they would provide a multi faceted service. Mr. Broeker stated he would provide litigation service. Mr. Fann stated that If the Council will allocate the funds he will get an injunction to stop any code infractions. Ms. Kirby asked Mr. Broeker If Fowler White would be willing to work with the Village on a case by case basis. Mr. Broeker replied certainly as long as there Is no previous conflict of Interest. Mayor Canton stated for the record that there was a consensus of the Council that If the Council sought outside counsel Fowler White would be the firm they would use. ITEM *4 PRESENTATION OF AUDITORS REPORT. Mr. Michael Burrls and Cindy Yeager from the accounting firm of Touche Ross presented the auditors report. Mr. Burris stated that the general financial stability of the Village Is relatively strong. He also said Internal controls are strong within the Village. Mr. Johnson stated that there should not be any discussion about the pro shop because the situation that occured there Is under investigation. ITEM *5 AWARD OF BID FOR THE BACKSTOP AT THE RECREATION DEPARTMENT'S ATHLETIC FIELD. Mr. Johnson stated he recommends Murray Fence Company as they were the low bidder, and they met all specifications. Dr. Butler moved to award the bid to Murray Fence Company. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *6 FINE ARTS COMMISSION ACTIVITIES. Mr. Michael W. Beck from the Fine Arts commission gave an overview of what the Commission will be doing In the coming year. Ms. Stofik asked if the tours the commission conducts are fund raisers. Mr. Beck replied most of them will be. Dr. Butler stated the emphasis should be put on cost offsetting in the financial plans of the commission. Mr. Loffredo stated that he Is pleased that the Commission Is bringing a program into the Performing Arts Theater. ITEM *7 APPOINTMENTS TO THE FINE ARTS COMMISSION AND THE ADVISORY BOARD ON HANDICAPPED SERVICES. Mr. Johnson advised the Council Ms. Anne Peterson was seeking appointment to the Fine Arts Commission. Dr. Butler moved approval. Ms. Stofik seconded the motion and the vote was unanimous In favor. Mr. Johnson advised the Council that Mr. Robert P. Kelly, Jr. was seeking appointment to the Advisory Board On Handicapped Services. Dr. Butler moved approval. Ms. Stofik seconded the motion and the vote was unanimous in favor. Mayor Canton called for a 5 minute recess. ITEM *8 INTERVIEW AND DISCUSSION ON PROPOSED TRAFFIC STUDY. Mr. Johnson advised the Council that three firms were Interested In conducting the traffic study for the Village, but 2 of the firms have withdrawn. The remaining firm, David Plumber & Associates made a presentation to the Council. Mr. David S. Plumber and Mr. Ramon Alverez spoke for the firm stating they now refer to street closures as adjustments In street patterns. Dr. Butler moved to employ Mr. Plumber and his firm as traffic engineers for this protect and for them to come back to the Council with an Idea of the extent of the protect and the cost factor. Mr. Loffredo seconded the motion and the vote was unanimous in favor. ITEM *9 DISCUSSION ON COUNTRY CLUB Mr. Loffredo stated he has been getting complaints about the Club and that he has some concerns about the Club. He asked Mr. Klug, the Country Club Manager, what are the current membership figures. Mr. Klug replied 1,305 members last year and 1,220 this year. Mr. Klug spoke about problems the Club Is experiencing. He said that after the problems are rectified he doesn't anticipate a financial deficit in the future. Ms. Kirby stated she Is also concerned about the ambiance at the Club and the $19,000 loss at the height of the season. Ms. Stofik stated the problems are very old at the Country Club. She Inquired about the Country club Comprehensive Plan and when It would be completed. Mr. Klug stated It would be ready the first of next month. Mr. Loffredo asked about cutting back expenses during the summer. Mr. Klug replied there would be a 30 to 40 percent cutback for the summer but not In the kitchen. Ms. Kirby asked what would happen at the end of the year If there Is no profit. Mr. Johnson replied capital Items that were planed to be purchased won't be. Ms. Kirby stated that the Council needs to have a meeting of the general membership In January. Mr. Loffredo asked Mr. Burris of Touche Ross to review the Country Club Comprehensive Pian. Mr. Burris replied he would be happy to review the plan at no additional cost. Mr. Seth Bramson a Miami Shores resident stated that many of the statements mide by Mr. Klug are nonsense. Mayor Canton responded saying Mr. Klug should be given a chance. ITEM *10 VILLAGE MANAGER'S REPORT Mr. Johnson stated the report was discussed In Item *9 and he had nothing further to add. ITEM *11 ANNOUNCEMENTS Mayor Canton read the announcements and wished everybody a happy holiday. ITEM *12 COUNCIL COMMENTS ITEM *13 PUBLIC COMMENTS ITEM 14 ADJOURNMENT The meeting was adjourned at 10:45 PM. ATTEST: EIIy F. Johnson By: Scott W. Davis Deputy Village Clerk