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06-20-1989 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 20, 1989 The regular meeting of the Miami Shores Village Council was held on Tuesday, June 20, 1989 at Village Hall commencing at 7:30 p.m. with the following members present: Mayor Henry T. Courtney Herb Spahn Spero Canton Stephen Loffredo Marty Stofik Also present: Elly F. Johnson William F. Fann Pastor John Hirst from the Redeemer Lutheran Church gave the invocation and Mayor Courtney led the Pledge of Allegiance. ITEM *1 MINUTES Ms. Stofik moved approval of the minutes from the Regular Council meeting of 6/6/89. Mr. Canton seconded the motion and the vote was unanimous In favor. Mr. Loffredo asked that " The reason that the Duffy group came to the Council Is because of the perceived effect that they felt Phase 1 would have on them" be added to the minutes from the Barricade Workshop of 5/30/89. Ms. Stofik moved approval of the minutes from the Barricade Workshop with the changes mentioned by Mr. Loffredo. Mr. Canton seconded the motion and the vote was unanimous In favor. Mayor Courtney acknowledged receipt of the following minutes: Ad -Hoc Task Force on Sewers 5/25/89 Country Club Advisory Board 5/31/89 Code Enforcement Board 6/1/89 Planning And Zoning Board 6/8/89 ITEM *2 APPOINTMENT TO THE DOWNTOWN REVITALIZATION BOARD AND THE HISTORIC PRESERVATION BOARD. Mr. Johnson explained the procedure for filling a board position. Mr. Alfred J. Tirella gave his reasons for seeking a position on the Downtown Revitalization Board. Mr. Spahn suggested delaying the selection for 30 days to review the mix of board members. Ms. Pat Dahne stated that the board currently has no attorneys as board members. Mr. Spahn withdrew his suggestion. Mr. Spahn moved to appoint Mr. Tirella to the Downtown Revitalization Board. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mayor Courtney turned the meeting over to Mr. Spahn and left the room because his wife was a candidate for the vacant position on the Historic Preservation Board. Mr. Loffredo moved to appoint Ms. Margarita R. Courtney to the Historic Preservation Board. Mr. Canton seconded the motion and the vote was as follows: Mr. Spahn Yes Mr. Loffredo Yes Mr. Canton Yes Ms. Stofik No Ms. Courtney's appointment passed. ITEM *3 RESOLUTION AMENDING THE RESOLUTION ESTABLISHING CURRENT COUNTRY CLUB FEE AND USE REGULATIONS, BEING RESOLUTION NO. 820-87; AUTHORIZING NON RESIDENT COUNTRY CLUB MEMBERS TO USE VILLAGE SWIMMING POOL UPON PAYMENT OF DAILY USER FEE. Mayor Courtney read the title of the resolution. Mr. Spahn asked about Section 2(a). Mr. Fann stated that the Council should voice their opinion at the meeting and he would make any changes the Council desires. Ms. Stofik moved approval of the resolution with the following change to section 2(a): All memberships Include Clubhouse privileges and also include swimming pool privileges upon the payment of the daily guest rate user fee. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *4 LIBRARY ANNUAL REPORT. Mr. James Stuart, President of the Board of Trustees for the Brockway Memorial Library, reviewed the 41st annual report. Mr. Canton stated the board and staff have done an outstanding Job at the library. Mr. Loffredo complimented Mr. Stuart on the new non-fiction selection. Mr. Stuart replied that Ms. Esper the Librarian does a terrific Job In selecting those books. ITEM *5 AWARD OF BID FOR STREET PAVING. Mr. Johnson recommended Pan American Construction Company do the paving In the budgeted amount of $137,400. Mr. Spahn asked for an updated list of which streets are to be paved. Mr. Tom Benton distributed a list of streets to be paved In this project. Mr. Benton stated he personally surveys the streets and alleys In Miami Shores and makes up the paving list from his observations. Mr. Loffredo inquired why there Is a difference this year compared to last time In the amount budgeted for paving. Mr. Benton replied that funds are carried forward each year In order to pave every other year and get a better price because of larger protects. Mr. Benton stated that Pan American has done alot of paving for Miami Shores In the past. In reference to discussion of who controls Miami Shores roads Mr. Fann stated the County maintained roads are designated by ordinance but that the County has control over all roads as far as traffic control. Ms. Stofik Inquired If a road Is maintained by Miami Shores can the Council determine the width of the road. Mr. Johnson stated that before any roads are narrowed the Council should wait until the traffic study Is complete. Mr. Spahn moved to award the bid to Pan American Construction Company In the amount of $137,400. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION ON COMMUNITY SIGN. Mr. Johnson reviewed the situation with the community sign, stating that the only comment came from Chief Zoovas. Mr. Loffredo stated that the sign was out of place at Its present location. He said 6th and 96th Is a more appropriate location. Mr. Spahn stated he would prefer that the sign be In front of Village Hall. He said It would be out of place In a residential area. Ms. Stofik disagreed with putting the sign In front of Village Hall. She said traffic on 2nd Avenue Is not Village traffic and If a new location Is decided on she would prefer the Recreation Center area. Mayor Courtney stated that the sign seemed out of place and was too big for the present location. He said that the Village Hall or the Recreation Center Is ok with him. Mr. Canton moved that the Council go back to the selection committee for the community sign to revisit the location of the sign because it appears that the majority of the Council recommends that it not be at the location at 96th and 4th Avenue. Ms. Stofik seconded the motion. Mr. Loffredo asked for 2 or 3 suggestions from the committee for alternate locations. The vote was taken for the motion on the floor and was unanimous In favor. ITEM *7 REPORT ON LANDSCAPE ORDINANCE. Mr. Fann stated he and Mr. Laubenthal met the week before the meeting and it was determined that additional Information was needed. He said that they need to meet again and that the ordinance Is very intricate. Ms. Stofik asked If the current code prevents a resident from having a dead patch of weeds for a front lawn. Mr. Fann stated that he didn't know if there Is anything to that effect, but that the new ordinance would address the subject of dead trees and plants. Mr. Canton asked whether the new ordinance Is too intricate to be enforced. Mr. Fann replied that what he Is doing Is reviewing the ordinance to see If It Is redundant or too complicated. ITEM *8 AN ORDINANCE AMENDING SECTION 504(b)(2) OF MIAMI SHORES VILLAGE ZONING ORDINANCE 270, AS AMENDED; REQUIRING PERMIT FOR DISPLAY OF SIGN ADVERTISING RENTAL, LEASING OR SALE OF LAND; ESTABLISHING FEE FOR SIGN PERMIT; PROVIDING EFFECTIVE DATE. Mayor Courtney read the title of the ordinance. Mr. Fann stated that the ordinance still needs to go to the Planning Board and be advertised. Ms. Stofik suggested a bond per broker rather than a permit per sign. She also asked if a penalty for non compliance could be automatic. Mr. Fann stated yes after a determination from Code Enforcement. Mr. Canton stated each offense could have a different penalty. Mr. Spahn asked what would happen If a person put up their own sign. Mr. Fann stated that this ordinance would be used to control the use of a piece of property by someone who doesn't own It. He went on to say that a bond requires court action for non-compliance. Ms. Stofik suggested an annual permit fee per entity not per sign. Mr. Fann stated that it could be done. Mr. Canton asked If the new ordinance will address "open" signs. Mr. Fann stated that he could put It In and If they violate the code Mr. Johnson could deny a permit. Ms. Stofik suggested for violations the following plan: 1st violation - a small fine 2nd violation - 30 day revocation of permit 3rd violation - 60 day revocation of permit Mayor Courtney asked Mr. Fann to Include a clause for penalties. Mr. Fann suggested a higher charge for the next permit If a permit Is revoked. Ms. Stofik suggested the amount of $50 per year per broker. Mr. Spahn stated that $50 is too much for a for sale by owner sign and suggested $10. Mr. Canton suggested: $10 per year for the permit $25 after the first revocation $100 after the second revocation and 30 days wait $300 after the third revocation and a 90 day waiting period. Mr. Spahn stated that the penalty was too high. He said It was way out of line and suggested: $10 per year for the permit $50 for the second permit $100 for the third permit Mr. Loffredo stated that quick and certain enforcement was Important. By consensus of the Council the ordinance was sent to the Planning and Zoning Board for review. ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING RESETTING OF THE VILLAGE COUNCIL MEETING SCHEDULED FOR TUESDAY, JULY 4TH, 1989 AT 7:30 P.M. AT MIAMI SHORES VILLAGE HALL, RESETTING THE DATE TO WEDNESDAY, JULY 5TH, 1989, AT 7:30 P.M., AT MIAMI SHORES VILLAGE HALL AS A SPECIAL COUNCIL MEETING. Mr. Spahn moved to reset the meeting to July 5. Mr. Canton seconded the motion and the vote was as follows: Mayor Courtney NO Ms. Stofik NO Mr. Spahn Yes Mr. Loffredo Yes Mr. Canton Yes The motion passed. Mr. Loffredo suggested that the meeting be held on the 5th If there Is business to deal with. Mr. Canton stated that a month Is too long to wait between meetings. Mayor Courtney asked the Council to contact Mr. Johnson by the first of July If they will attend the meeting on July 5th. ITEM *10 VILLAGE MANAGER'S REPORT. Mr. Johnson reviewed the report for the Council. ITEM *11 ANNOUNCEMENTS. Mayor Courtney read the announcements. ITEM *12 COUNCIL COMMENTS. Ms. Stofik thanked Mr. Robert Rossi for his service to Miami Shores. Mr. Canton spoke about group homes and a stop sign In front of the Community Center. Mr. Spahn asked when the budget will be distributed. Ms. Gall Macdonald replied June 30. Mr. Loffredo spoke about the pro shop Toss. Mayor Courtney complimented Mr. Ed Harrigan on the recent Miami Herald article about him. He also spoke about recycling and code enforcement. ITEM *13 PUBLIC COMMENTS All comments were made by Miami Shores residents. Mr. Carl Commissiong spoke about barricades, the community sign and code enforcement. Mr. Terrell Chambers spoke about real estate signs. ITEM *14 ADJOURNMENT The meeting was adjourned at 9:35 p.m.. Attest: Elly F. Johnson Village Clerk By: Scott W. Davis Deputy Village Clerk enr; T. Courtn Ma r