Loading...
07-05-1989 Special MeetingMIAMI SHORES VILLAGE SPECIAL COUNCIL MEETING JULY 5, 1989 The special meeting of the Miami Shores Village Council was held on Wednesday, July 5, 1989, at Village Hall commencing at 7:30 p.m. with the following members present: Mayor Courtney Spero Canton Stephen Loffredo Marty Stofik Also present: Elly F. Johnson William F. Fann Absent: Herb Spahn The invocation was delivered by Reverend John McLaughlin from Saint Martha's Catholic Church, and Mayor Courtney led the Pledge of Allegiance. Mayor Courtney presented a plaque to Mr. Robert Rossi for 7 years of service on the Planning And Zoning Board. Mayor Courtney also presented a proclamation to Mr. Edward Harrigan. *1 MINUTES Mr. Loffredo moved approval of the minutes from the Regular Council meeting of 6/20/89. Ms. Stofik seconded the motion and stated that a statement should be added to Item *8 that the ordinance was to be sent to Planning and Zoning for review. The motion passed unanimously. Mr. Loffredo moved approval of the minutes from the Council Downtown Revitalization Workshop of 6/27/89. Mr. Canton seconded the motion and the vote was unanimous in favor. Mayor Courtney acknowledged the receipt of the following minutes: Recreation Advisory Committee 6/12/89 Downtown Revitalization Board 6/7/89 Downtown Revitalization Board 6/21/89 Planning and Zoning Board 6/22/89 Mr. Loffredo and Mayor Courtney both stated that they are concerned that non-residents are using the Basketball -Courts to the exclusion of residents. Mr. Johnson stated that the problem with enforcement Is a lack of funds for extra security. ITEM *2 DISCUSSION REGARDING GARAGE ENCLOSURE POLICY Ms. Stofik suggested that Planning and Zoning look at a more specific ordinance dealing with garage enclosures. She suggested a moratorium on garage enclosures until a new policy is developed. Mr. Canton stated that he agrees with Ms. Stofik and that the Council needs to take action before the situation gets out of hand. Mr. Richard Fernandez, from the Planning and Zoning Board, stated that any garage enclosure requests must go before the P&Z Board. Mr. Loffredo stated garage enclosures are often times used to make single family homes Into multi- family residences. Ms. Stofik asked Mr. Fann If the Council can place a moratorium on garage enclosures. Mr. Fann replied yes. Ms. Stofik moved to request the Village Attorney to prepare a resolution asking the Planning and Zoning Board to review the Village's policy with regard to garage enclosures with the Intent of restricting said activities and to Include within the resolution a 6 month moratorium on garage enclosures while the P&Z Board does said review. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *3 REQUEST FOR APPROVAL TO USE FORFEITURE FUNDS FOR PURCHASE OF 9mm AUTOMATIC PISTOLS. Mr. Johnson reviewed the request and recommended to the Council to approve the purchase of the pistols. Mr. Loffredo asked if the weapons will be mandatory for all officers. Chief Zoovas replied yes. Mr. Loffredo asked If the new pistols will hold more bullets. Chief Zoovas replied yes. Chief Zoovas stated that he feels more comfortable with the 9mm automatic than the currently used revolvers. Mr. Loffredo moved approval of the staff recommendation that the purchase be made. Mr. Canton seconded the motion. Ms. Stofik asked If the officers will receive special training. Chief Zoovas replied that they will receive extensive training. The vote was unanimous In favor. ITEM *4 REQUEST FOR APPROVAL OF USE OF MEMORIAL PARK. Mr. Johnson reviewed the request and recommended that the Council approve the request. Mr. James Gregory, the Junior Deacon at the Village Lodge 315, stated that the hours for the event would be 10:00 a.m. to 5:00 p.m. Saturday and Sunday. Mr. Johnson stated that the Lodge Is providing Insurance coverage. Mr. Canton moved approval of the festival to be held at Memorial Park on October 14th and 15th. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *5 APPOINTMENT OF VOTING DELEGATE AND ALTERNATE TO THE FLORIDA LEAGUE OF CITIES. Mr. Johnson explained the necessity for the appointments. By Council consensus Mr. Canton was appointed as the delegate and Ms. Stofik as the alternate. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING PURCHASE OF MIAMI SHORES FLAG. Mayor Courtney reviewed the request to purchase Miami Shores flags. He said the total cost would be $382. Mr. Loffredo moved approval for the purchase of the flags. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING FUNDING OF MAYOR'S TASK FORCE BREAKFASTS. Mayor Courtney explained the background behind the discussion. Ms. Stofik stated that she didn't know that the Village was paying for the breakfasts. She said that she thought the Task Force was paying for the breakfasts themselves. Mr. Johnson stated that from the beginning the Club has always billed the Village for the meals. Mr. Fann stated that If It is In the budget then payment for the breakfasts has been approved. Mr. Loffredo stated that the Task Force Is private with regards to the Sunshine Law and asked If the Council wants to extend the subsidy given the fact that the group Is private. Mayor Courtney stated that the Task Force should pay for their own breakfasts. Mr. Canton moved that the Task Force pick up the cost for the Mayor's Task Force Breakfasts on a monthly basis. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING PLACING STOP SIGN IN FRONT OF THE FIELD HOUSE. Mr. Canton explained the background behind the request and requested that the Council ask the County to place a stop sign at the Corner of Park Drive and 98th. Ms. Stofik suggested rumble strips which she said are legal on County roads. Mr. Johnson stated that County approval for a stop sign or rumble strips Is necessary but he said he didn't anticipate any difficulty in getting permission for a stop sign In that location. Mr. A.J. Duhe and Mr. Sam Bamman, both Miami Shores residents, spoke In favor of devices to reduce speed on Park Drive. Ms. Stofik requested that the Council request from the County permission to Install rumble strips and a stop sign on Park Drive. Mr. Loffredo moved that the Council request the County to Install a 3 way stop sign at Park Drive and 98th Street. Mr. Canton seconded the motion. Ms. Stofik offered the addition of also requesting County approval to place rumble strips along Park Drive north and south of 98th Street and north of 5th Avenue Road as an amendment. Mr. Loffredo and Mr. Canton accepted the amendment. Mr. Johnson suggested asking for the sign or the rumble strips but not both because the County will not grant approval for the request. The motion passed unanimously. Mr. Johnson suggested that a request be made of the County that before any decision Is made to meet with the Village. Mayor Courtney called for a recess at 8:30. The meeting reconvened at 8:40. Mr. Canton made a motion to place DISCUSSION AND POSSIBLE ACTION REGARDING MATCHING FUNDS FOR SHORES PERFORMING ARTS THEATER GRANT as an emergency Item on the agenda In position 8A. Ms. Stofik seconded the motion and the vote was unanimous In favor. Mr. Bruce Keller, Vice Chairman of the Executive Committee of the Board of Directors for the Shores Performing Arts Theater, explained the request. He said the Village should be proactive. Mr. Keller stated the total grant Is made up as follows: 25% National Endowment For The Arts 25% Dade County 25% Private funds 25% Miami Shores Village Mr. Keller said the matching funds could be up to $25,000, but not less than $5,000 If the grant Is awarded to the theater. Ms. Stofik stated that community support Is present and the Council should endorse the request. Mr. Loffredo moved to approve the request from the Shores Performing Arts Theater. Mr. Canton seconded the motion. Mr. Canton stated that the request Is for a letter from the Council committing to match funds up to $25,000. Mr. J.C. Brown, a Miami Shores resident, asked what Is the total amount of the grant. Mayor Courtney replied up to $100,000. Admiral Condit asked how much Is the whole Theater protect. Mr. Keller talked about the monthly costs for the theater and also said the renovation on the stage end of the theater Is approximately $100,000. The motion passed unanimously with Mayor Courtney abstaining. Mr. Fann stated that the Mayor should declare his reason for abstaining. Mayor Courtney stated that he Is the President of the Board of the Shores Performing Arts Theater Inc. and it would be a conflict for him to vote on this Item. ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING PRO SHOP LOSSES. Mr. Loffredo deferred discussion on the Item until the July 18, 1989 meeting when Mr. Spahn will be present. ITEM *10 DISCUSSION AND POSSIBLE ACTION REGARDING LONG TERM CAPITAL PLAN. Mr. Loffredo again deferred part of the discussion until the July 18, 1989 meeting. He did say that there is no provision for recycling in the long term capital plan. Mr. Loffredo reviewed his memo to Mayor Courtney on recycling that was distributed to the Council at this meeting. Mr. Johnson stated that he would have costs on curb side pick up at the July 18th meeting. Mayor Courtney stated that the Igloo plan has been replaced by a recycling pilot program in one portion of the Village. He went on to say that individuals In the Village who went through recycling during the war years could help In devising a recycling plan for Miami Shores. Mr. Loffredo asked that the staff bring proposals back to the Council for their review. ITEM *11 DISCUSSION AND REQUEST FOR APPROVAL OF AGREEMENT WITH ROBERT K. SWARTHOUT INC. FOR VILLAGE DEVELOPMENT CODE. Mr. Johnson explained the request and recommended that the Council approve the agreement. Mr. Canton so moved. Mr. Fann stated that he does not understand the contract. He suggested the Council approve a resolution authorizing the Village Manager to accept the contract on the condition that payment for the contract will be made solely from funds granted by the State of Florida to Miami Shores. Mr. Loffredo stated he would second the motion if Mr. Canton accepts Mr. Fann's suggestion. Mr. Canton stated that he accepted Mr. Fann's suggestion. Mr. Johnson stated that money has been budgeted for planning work that Is required to be done by state law. Ms. Stofik stated that the motion should be worded: not to exceed the amount currently budgeted plus the grant funds because part of the cost should come out of budgeted funds. Mr. Johnson stated that If there is a conflict the agreement will be brought back to the Council, and If not then he will proceed. The motion passed unanimously. ITEM *12 REQUEST FOR PERMISSION TO SIGN PETITION. Mr. Johnson explained the request is to authorize the Village Manager to sign the preliminary petition to proceed with the sewer study for downtown Miami Shores. Mr. Canton moved to authorize the Village Manager to sign the petition. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *13 DISCUSSION AND POSSIBLE ACTION REGARDING ANNEXATION. Mr. Canton explained the background behind the discussion. He suggested a study to look at surrounding areas for possible annexation. Mr. Johnson stated that N. Miami Just signed a contract to do an annexation study. Ms. Stofik stated that the Council should have plans to discuss annexation with the residents of the surrounding areas. Mr. Johnson stated he would have a report for the Council with prices for an annexation study. Mr. Canton suggested that Mr. Johnson pursue the matter and asked that a speaker come to the July 18th meeting to discuss an annexation study. ITEM *14 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *15 COUNCIL COMMENTS Ms. Stofik spoke about the playground equipment at the tot lot and lead In the water In the water coolers. Mr. Canton spoke about downtown Miami Shores and the survey being developed by the Downtown Revitalization Board. Mr. Loffredo spoke about the 4th of July celebration at the Country Club. Mayor Courtney thanked his fellow Council members for their hard work and dedication. Mr. Johnson spoke about his Job offer as City Manager of Edgewater, Florida. ITEM *16 PUBLIC COMMENTS There were no public comments at this point in the meeting. ITEM *17 ADJOURNMENT The meeting was adjourned at 10:05 p.m.. Attest: Elly F. Johnson By: Scott W. Davis Deputy Village Clerk FORM 4 MEMORANDUM OF VOTIhui CONFLICT LAST AME -FIRST NIkME�-_�NI1IDIENAME C URTNEY , HENRY TT LING AGrand Concourse. zi ami Shores Dade uNTY THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: 5 CITY D COUNTY D OTHER LOCAL AGENCY 0 STATE DASEuTIWH!H V07 QCCURRED NAME OF BOARD, couNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Miami Shores Village Council NAME OF POLITICAL SUBDIVISION OR STATE AGENCY Miami Shores Village WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected booad,_council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies_ who are faced with a voting conflict of interest. As a voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided int two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e.; those at the state level. PAT C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agent' as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In aiy such case a local public officer must disclose the conflict: (a) (b) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NO Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Flo ri 1a Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from votiI In such•cases, however, the oral and written disclosure of this part must be made. July 5 ,19 3I the undersigned local public officer,h hereby disclose that on bstained from voting on a matter which (check one): X inured to my special private gain; or inured to the special gain. of , by whom 1 am retained. CE FORM - REV. 10-84 PAGE (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: The measure was fordiscussion and possible action regarding matching funds for Shores Performing Arts Theater grant. The nature of my interest in the measure is that I was president of Miami Shes Performing Arts Theater, Inc.,. la non-profit corpo ation. Date Iled Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [ReqUired by Section 112.3143(2), Florida Statutes (Supp. 1984).] ' Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs,. I, the undersigned officer of a state agency, hereby disclose that on , 19 • (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retain (b) The measure on which i voted and the nature of my interest in the measure is as follows:, Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meetingduring which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a- voting conflict. NOTICE UNDER PROVISIONS OF FLORIDA STATUTESI112.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. CE FORM 4- REV. 10-84 PAGE 2