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08-15-1989 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING AUGUST 15, 1989 The regular meeting of the Miami Shores Village Council was held on Tuesday, August 15, 1989, at Village Hall commencing at 7:30 p.m. with the following members present: Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Marty Stofik Also present: Gall Macdonald .Wiiilam Fann The invocation was delivered by Reverend Clifford Horvath from the Episcopal Church of the Resurrection followed by the Pledge of Allegiance. ITEM *1 MINUTES -Mr. Loffredo moved approval of the minutes from the Budget Workshop of 7124/89. Mr. Canton seconded the motion and the vote was unanimous In favor. Ms. Stofik moved approval of the minutes from the Regular Council meeting of 8/1/89, the Budget Workshop of 8/3/89 and the Special Council meeting of 8/4/89. Mr. Canton seconded the Motions and the votes were unanimous in favor. Mayor Courtney acknowledged receipt of the following minutes: Country Club Advisory Board 7/26/89 Recreation Advisory Board 7/27/89 Fine Arts Commission 8/7/89 Code Enforcement Workshop 7/11/89 Code Enforcement Board- 8/3/89 Planning and Zoning Board 7/27/89 Planning and -Zoning Board 8/10/89 ITEM *2 APPEAL OF PLANNING -AND ZONING BOARD DECISION REGARDING BASKETBALL GOAL IN FRONT YARD, Mr. LuBien Introduced the item. -Ms. Stofik asked how this case Is different from a previous case where the basketball goal was permitted. Mr. LuBien replied that the previous case involved an asthmatic child that had to remain close to the home and that these facts made the previous case a unique situation. Mr. Cantonasked what Is the policy of P&Z on 25 foot setback. -Mr. LuBien replied that anything past the front of the house is- considered front yard. 11th. Fann 'stated that Mr. Drody Is not seeking a variance but a decision by .the Council that our ordinances allow basketball nets In the front yard and If the Council decides that they are ok then all residences In the Shores will be permitted to erect basketball nets In the front yard. Mr LuBien stated that no place in our ordinances does It make_a provision for structures in the front yard. Mayor Courtney asked If basketball nets Are ok In the back yard. Mr. LuBien replied yes.: Mr. Eugene Drody gave his reasons why his basketball net should be allowed. He said the laws should state what' Is not allowed, not Ilst what Is allowed. Mr. Loffredo stated that If there Is addl-tlonal cases they should all be heard at one time. Ms. Stofik and Mr. Loffredo stated that they did not feel this case was a violation of Miami Shores' ordinances. Mr. Fernandez from the P&Z Board explained how the Board reached Its decision. Mr. Spahn suggested letting the basketball hoop remain until the P&Z Board reviews the situation and brings the Item back to Council. Ms. Stofik moved to defer action on Item *2 until the Council hears from P&Z as to their proposals regarding this type of activity and Instruct staff not to pursue violations of basketball goals. Mr. Spahn seconded the motion. Mr. Canton stated that the Council can make a determination on this case and recommended that the Council approve this matter. Mayor Courtney stated that he was In favor of tabling the matter. The vote was as follows: Stofik, Loffredo, Courtney and Spahn yes, Canton - No. The motion passed. ITEM *3 DISCUSSION REGARDING GARAGE ENCLOSURES. Ms. Macdonald explained why the second reading of the ordinance will not occur at this meeting. .Mr. Canton moved to table the Item until the next meeting. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *4 AN ORDINANCE AMENDING PARAGRAPH (b) OF SECTION 14-33 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; REQUIRING OCCUPATIONAL LICENSES FOR THE RENTAL OF ALL DWELLING UNITS SITUATED IN MIAMI SHORES VILLAGE IN ADDITION TO THOSE ALREADY REQUIRED; ESTABLISHING THE COST OF SAID LICENSE TAX; PROVIDING EFFECTIVE DATE. Mayor Courtney read the title of the ordinance. Ms. Macdonald explained the background behind the ordinance. Mr. Fann asked Mr. Fernandez If P&Z has reviewed the ordinance. Mr. Fernandez replied yes. Ms. Stofik moved approval of the ordinance on the first reading. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM 4.5 DISCUSSION AND POSSIBLE ACTION REGARDING USE OF RECREATION FACILITIES. Mr. Canton moved to add to the agenda as an emergency Item: Discussion and possible action regarding use of recreation facilities on Sundays. Ms. Stofik seconded the motion and the vote was unanimous In favor. Mr. Canton stated that he has gotten complaints about use of recreation facilities on Sundays. He said that the Council has to take action to ensure that facilities are used by residents only 7 days a week. Mayor Courtney stated that he has gotten complaints about the use of the facilities. Mr. JD Varney stated that the Recreation Advisory Board addressed these issues. They recommended an ordinance prohibiting the use of the recreation facilities by non-residents, and to discontinue designation of only the main field as off limits and limit all fields. He said the regulations stated that the main field Is for organized play only. Ms. Macdonald stated that It was inappropriate to ask the police to enforce the rules because there Is no ordinance regulating use of the facilities. She said that she needs more staff discussion before she can give any recommendations. Chief Zoovas stated if an ordinance Is passed his department will enforce It. If the offenders don't comply they will be arrested. Mayor Courtney stated that the Council must take firm action to stop the situation. Mr. Spahn suggested that the matter be sent back to staff for discussion and have them come back to Council with recommendations. Mr. Fenn told the Council to be aware of what they want to prohibit on Sundays, total use of the facilities or the type of use. Mr. Canton moved to ask staff to come back within 2 weeks with a proposed solution. Mr. Spahn seconded the motion. Mayor Courtney stated that he was Interested in 5 things: Non- resident use of facilities,hours of play, tearing up of the field, littering and the use of alcoholic beverages. The vote was unanimous In favor Mayor Courtney called for a 5. minute break. ITEM *5 REQUEST FOR VARIANCE FROM RECREATION COMPREHENSIVE PLAN "KIDS ON THE MOVE". Mr. Loffredo explained the background of the request. Mr. Varney explained what Kids On The Move Is and how It Is administered. Mr. Canton asked how much is the difference In revenue between the 85/16 and 75/25 split and the rental fee for the use ofthe van. Ms. Macdonald stated that Kids on the Move grossed approximately $80,000 last year. at 15% the Village would receive $12,000 and at 25% the figure would be $20,000 plus the van rental. Mr. Varney stated that the van rental is approximately $3000 per year. Mayor Courtney asked how many children are In the program. Ms. Michaele Shapiro replied 14 In the pre school and 60 In the after school program. Ms. Shapiro and Ms. Lori Astrove explained what there group pays for In the Village. They stated that fees have been set and protections have been made before the new fee .structure was explained to them. They said that they will lose substantial Income because they feel they must keep the fees to the parents the same. Ms. Macdonald stated that she cannot recommend treating the Instructors from one program different than any other. Mr. Loffredo stated that his children use the KOTM program. Ms. Stoflk suggested $12.00 per day for van rental with an 80/20 split anddeduct the rental fee from the gross before the spilt. Mayor Courtney asked for the recommendations of the staff. Ms. Macdonald recommended treating all instructors and classes In the same manner. Mr. Loffredo stated that he has a. problem comparing quality day care to a Karate class. Mr. Canton stated that he agrees with Mr. Loffredo and that there is a special nature to this program and moved to have Mr. Varney, Ms. Macdonald and the KOTM administrators meet to reach a compromise solution and present that solution back to Council. Mr. Spahn seconded the motion. Ms. Stoflk stated that she is very concerned with protecting the KOTM program. Ms. Shapiro suggested a late fee for parents that pick up children late. She said that that would increase revenues. Ali comments were made by Miami Shores residents In this section. Ms. Joan Edwards stated that KOTM is the only class being charged for the use of equipment. Ms. Denise Jenkins stated that KOTM should -pass on Increases to their customers. She said they provide an excellent service. Mr. Tom Sanderhoff stated that the Village does not provide this service and It Is needed in the Village. He said It should not be compared to other classes and to cover a shortfall money should be trimmed from the Recreation budget. Ms. Kathy Waters stated that the program means alot to her and an Increase In the fees will hurt. Ms. Stofik asked Mr. Varney why KOTM cannot charge a late fee. Mr. Varney replied that fees are set, In advance, and he felt that late fees were not appropriate. The vote was taken for the motion on the floor and was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLEACTIONREGARDING INFORMATIONAL COMMUNITY SIGN. Ms. Macdonald explained the background behind the Item. Mr. Canton suggested reconsidering the original selected location. Ms. Stoflk stated that she prefers the 96th Street and Grand Concourse location. Mr. Joe Dugoni from the Mayor's Task Force Marquee. Committee prefers the 96th and Grand Concourse location. Mr. Loffredo stated that he prefers 96th and 6th or by the Community Center. Ms. Stofik suggested 4th and 96th to avoid houses being effected by the sign. Mr. Spahn moved to put the sign as the Task Force originally selected at 4th Avenue and 96th Street. Ms. Stofik seconded the motion. The vote Is as follows. Stofik, Canton and Spahn - yes, Mayor Courtney and Loffredo - no. The motion passed. ITEM *7 PRESENTATION OF RECYCLING VIDEO Due to the late hour this Item was deferred to the next meeting on September 6. ITEM *8 AN ORDINANCE AMENDING SECTION 9-42 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, MIAMISHORES VILLAGE, FLORIDA; INCREASING WASTE FEES; PROVIDING EFFECTIVE DATE. Mayor Courtney read the title of the ordinance. Ms. Macdonald explained that due to the redoing of the budget and the timing factor that this ordinance Is presented as an emergency ordinance with only one reading. She said that the ordinance will Implement the funding for the recycling program and will raise the rates from $298 to $320 per year on a residential basis and. Increase the Village's commercial rates by 7.38%. Mr. Canton moved to approve the Village Managers recommendations. Mr. Loffredo seconded the motion. The vote was unanimous In favor. Ms. Stoflk was absent at the time of the vote. ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING PRO SHOP LOSSES. Mr. Loffredo stated that he has met with the Auditors and he reviewed for the Council the situation that led to the pro shop losses. He said the losses amount to approximately $60,000 and that It was a theft In his opinion. Mr. Loffredo suggested the following: To review records to better ascertain, who is responsible and what Items specifically are involved, take the Information to the insurance company to file a.claim and pursue civil action. Mr. Loffredo moved that the Council refer the item to Ms. Macdonald for a more detail audit or a recommendation If necessary to hire an Independent contractor to conduct the audit so that the Council can accurately trace the Tosses sufficient to put forth a detailed insurance claim. Mr. Canton seconded the motion. Mr. Spahn stated that It Is worth taking a look at. The vote was unanimous In favor. ITEM *10 DISCUSSION AND POSSIBLE ACTION REGARDING COUNTRY CLUB DUES. ITEM *11 DISCUSSION AND POSSIBLE ACTION REGARDING THE SCHEDULING OF A SPECIAL COUNCIL MEETING ON TUESDAY, AUGUST 22 AT 7:30 P.M. TO REVIEW THE COUNTRY CLUB BUDGET AND TO ESTABLISH MEMBERSHIP DUES. Ms. Macdonald asked that the Council consider Item *10 and *11 at the same time. She recommended scheduling a Special Council meeting on Tuesday, August 29, at 7:30 p.m. at Village Hall to discuss and possibly act on the proposed Country Club budget and to set Country Club dues for the coming year. Mayor Courtney accepted Ms. Macdonald's recommendation and stated that the meeting would be at the recommended time. ITEM *12 REQUEST FOR APPROVAL OF FINANCING FOR 800 MHZ RADIO SYSTEM. Ms. Macdonald stated that the radios are ready to be delivered and Barnett Leasing has given the Village a fixed Interest rate of 7.15% and recommended that the Council authorize her to precede with the documentation. Mr. Canton so moved. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *13 APPOINTMENT OF INTERIM VILLAGE CLERK. Ms. Stofik stated that no Village Clerk was appointed when Mr. Johnson resigned. Ms. Stofik moved to appoint Ms. Macdonald Interim Village Clerk for the same 90 day period that she is Interim Village Manager. Mr. Spahn seconded the motion. Mr. Canton asked to have at the next election a charter revision and have the City Clerk report to the Village Manager and not the Council. Mr. Fann stated that alot of thought should be given to changing the charter with reference to the Clerk position. Mr. Spahn asked could previous problems have been prevented If there was more than one person appointed by the Council. Ms. Macdonald stated that she would like to think about the answer. The motion was withdrawn. Ms. Stofik moved to remove Mr. Johnson as Village Clerk and appoint Ms. Macdonald as Interim Village Clerk concurrent with her term as Interim Village Manager. Mr. Loffredo seconded the motion. The vote was unanimous In favor. ITEM *14 DISCUSSION AND POSSIBLE ACTION REGARDING THE FORMATION OF A BUSINESS DEVELOPMENT COMMITTEE. Ms. Stofik explained why the Item Is on the agenda. She suggested a 90 day committee to review ordinances and procedures relating to opening a business In Mlaml Shores. Mr. Canton moved to allow a 90 day business development committee to be formed with one representative from the Chamber of Commerce, Council, DRB, P&Z, one business owner from downtown and one business owner from Biscayne Boulevard commercial. area. Mr. Fann stated that the Council should name the members of the Committee and not Just appoint categories of members. Mr. Loffredo offered an amendment to the motion, that Ms. Stofik report back to Council with a Ilst of potential members of the committee at the next Council meeting and the Council would thereupon act upon her recommendations and name and appoint the members to the committee. Mr. Canton and Mr. Spahn accepted the amendment. The vote was unanimous In favor. ITEM *15 A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL RECOGNIZING THE DISCOVERY OF AMERICA QUINCENTENNIAL COMMITTEE, INC. AS THE COORDINATING BODY OF THE SERIES OF SPECIAL EVENTS, FESTIVALS, CULTURAL AND HISTORICAL ACTIVITIES TO BE HELD IN THE GREATER MIAMI AREA TO COMMEMORATE THE 500TH ANNIVERSARY OF THE DISCOVERY OF AMERICA IN A YEAR-LONG JUBILEE FROM OCTOBER 12, 1991 UNTIL OCTOBER 12, 1992. Mayor Courtney read the title of t•he resolution. Ms. Stoflk moved approval of the resolution and Mr. Canton seconded the motion. The vote was unanimous in favor. ITEM *16 VILLAGE MANAGER'S REPORT Ms. Macdonald reviewed the Country Club cash position and reported to the Council that she hired an executive chef. ITEM .*17 -ANNOUNCEMENTS Due to the late hour Mayor Courtney did not read the announcements. ITEM *18 COUNCIL COMMENTS Mr. Canton spoke about schools in Miami Shores. Mr. Spahr) spoke about the length of the agenda. Mr. Loffredo spoke about membership fees at the Club. ITEM *18 PUBLIC COMMENTS There were no public comments. ITEM *19 ADJOURNMENT The meeting was adjourned at 10:56 p.m.. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk