09-19-1989 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
SEPTEMBER 19, 1989
The Regular meeting of the Miami Shores Council was held
on Tuesday, September 19, 1989 at Village Hall commencing at
7:30 with the following members present:
Mayor Courtney.
Herb Spahn
Spero Canton
Stephen Loffredo
Marty Stoflk
Also present: Gail Macdonald
William F. Fann
The invocation was delivered. by Dr. Harold A. Davenport
from the Miami Shores Community.Church followed by the Pledge
of Allegiance.
Mayor Courtney presented a proclamation to Admiral Jim Condit
for Constitution Week.
Mayor Courtney presented an Award of Appreciation to Ms.
Florence Hill for her long time employment at the Library..
Mayor Courtney received a collage of royal poinciana trees
made up by the Fine Arts Commission.
ITEM *1 MINUTES
Ms. Stofik moved approval of the minutes from the Special
Council Meeting of 8/29/89 and the Regular Council Meeting of
9/5/89. Mr. Canton seconded the motions and the votes were
unanimous In favor. Mayor Courtney acknowledged receipt of
the minutes from, the Recreation Advisory Committee of
9/11/89.
ITEM e2 APPOINTMENTS TO MIAMI SHORES BOARDS, COMMISSIONS AND
COMMITTEES.
1. Advisory Board on Handicapped Services:
Ms. Stoflk: Ellis,- Fitzpatrick and Head.
Mr. Loffredo: Head, Fitzpatrick and Ryon.
Mr. Spahn: Fitzpatrick and Head.
Mr. Canton: Ellis, Fitzpatrickandand Messana.
Mayor Courtney: Fitzpatrick, Messana and Head.
Mr. Canton moved to appoint Ms. Anita Ellis, Ms. Fitzpatrick.
and Ms. Linda Head. Mr. Loffredo seconded themotionand the
vote was unanimous In favor.
2. Beautification Advisory Committee:.
Ms Stoflk: Beck, Fischer and Segala.
Mr. Canton: Beck, Fischer and Venn.
Mr. Spahn: Beck and Fischer.
Mr. Loffredo: Beck, Fischer and Venn.
Mayor Courtney: Beck, Fischer °_and Venn.
Ms. Stofik moved to appoint Mr. Thomas Beck, Ms. Elaine
Fischer. and Mr. Robert Venn. Mr. Canton seconded the motion
and the vote was "unanimous in favor.
3. Code Enforcement Board:
Ms. Stoflk: Asmus and Colangelo
Mr. Loffredo: Colangelo and Johnson
Mr. Spahn: Asmus and Colangelo
Mr. Canton: Asmus and Colangelo
Mayor Courtney Colangelo and Johnson.
Ms. Stoflk moved to appoint Mr. Richard Colangelo and Mr.
Barry Asmus. Mr. Canton seconded the motion and the vote was
unanimous In favor.
4.Country Club Advisory Board:
Mr. Canton: Meyer, Schwartz. and Thornton.
Ms. Stoflk: Meyer, Schwartz and Thornton.
Mr. Spahn: Meyer, Schwartz and Thornton.
Mr. Loffredo: Herrera, Meyer and Schwartz.
Mayor Courtney: Meyer, Schwartz and Thornton.
Ms. Stoflk moved to appoint Mr. Jim Meyer, Mr. Joseph
Schwartz and Mr. Richard Thornton. Mr. Canton seconded the
motion and the vote was unanimous In favor.
5. Fine Arts Commission:
Ms. Stoflk moved to appoint Ms. Martha Wright and Ms. Anne
Peterson to the Fine Arts Commission and advertise for the
other two vacancies. Mr. Canton seconded the motion and the
vote was unanimous.
8. Historic Preservation Board.
Mayor Courtney stated that his wife was one of the candidates
for this board and he offered not to vote. Mr. Fenn advised
the Mayor that no conflict would occur If he did vote.
Mr. Canton: Acosta, Courtney and Kern.
Mr. Spahn: Courtney, Kern and Acosta.
Ms. Stoflk: Acosta, Courtney and Venn.
Loffredo: Courtney, Kern and Acosta.
Mayor Courtney: Courtney Kern and Segala.
Mr. Canton moved to appoint Mr. Pedro Acosta, Ms. Margarita
Courtney and Ms. Martha Kern. Mr. Spahn seconded the motion
and the vote was unanimous In favor.
7. Pension Board
Mr. Canton moved to appoint Ms. Patricia Varney as employee
representative on• the Pension Board and Mr. William Walker
and advertise for the second vacancy. Ms. Stoflk seconded
the motion. Mr. Loffredo suggested appointing Mr. Steve
Johnson. Ms. Macdonald stated that Ms. Varney had to step
down from her position on the Board because as Finance
Director she Is the Pian Administrator. Her position as
Finance Director will be finalized when the Village Manager
position Is finalized. Ms. Macdonald asked that the employee
appointment to the Board be deffered until the first meeting
In November.
Mr. Canton withdrew his motion and Mr. Loffredo moved to
appoint Mr. William Walker and Mr. Steve Johnson to the
Pension Board. Mr. Canton seconded the motion and the vote
was unanimous in favor,
8. Pension Board (employee seat)
The employee seat was deffered until the first meeting In
November.
9. Planning and Zoning Board:
Mr. Spahn: Chambers, Fernandez and Herrera.
Ms. Stoflk: McClure, Chambers and Pappas.
Mr. Canton: Fernandez, McClure and Lasch.
Mr. Loffredo: Chambers, Fernandez and McClure.
Mayor Courtney Chambers, Fernandez and McClure.
Mr. Canton moved to appoint Mr. Terrell Chambers, Mr. Richard
Fernandez and Mr. Larry McClure. Mr. Spahn seconded the
motion and the vote was unanimous in favor.
10. Recreation Advisory Committee:
Ms. Stofik: Kelly, Pappas and Sammons.
Mr. Canton: Kelly, Pappas and Sammons.
Mr. Spahn: Kelly and Sammons.
Mr. Loffredo: Sammons and Pappas.
Mayor Courtney: Kelly, Sammons and Pappas.
Ms. Stofik moved to appoint Mr. R. Pierce Kelly, Mr. Gary
Pappas and Mr. Charles Sammons. Mr. Canton seconded the
motion and the vote was unanimous In favor.
ITEM *3 REQUEST FOR APPROVAL TO WAIVE BID PROCEDURES FOR HIRE
OF A CUSTODIAL SERVICE FOR COUNTRY CLUB. Ms. Macdonald
explained the background behind the request. She stated that
there would be added security with a custodial crew in the
building at night and that there would also be cost savings
In contracting this service out. Ms. Stofik asked If the
proposed firm Is located In Dade County. Mr. Hart, the
Country Club General Manager, replied that It was a Broward
County firm. Ms. Stofik asked if the custodial firm would be
given keys to the Club and If they were bonded. Mr. Hart
replied yes. Mr. Loffredo asked about the length of service
of the employees being displaced. Mr. Hart replied 4, 6 and
7 years. He said that the employees would be relocated In
other positions In the Country Club area. Mr. Loffredo asked
about the contract and the clauses In terms of performance
and the Village's obligations In case they change their
minds. Mr. Hart replied that there Is a 30 day cancellation
clause. Mr. Canton moved to approve the request and hire the
custodial crew to work at the Country Club. Mr. Spahn
seconded the motion and the vote Is as follows: Spahn,
Canton and Courtney - Yes, Loffredo and Stofik - No. The
motion passed.
ITEM *4 A RESOLUTION AMENDING RESOLUTION NO. 854-89 REGARDING
COUNTRY CLUB FEES AND USE REGULATIONS; RE-ESTABLISHING MIAMI
SHORES COUNTRY CLUB ANNUAL MEMBERSHIP FEES; DAILY GOLF AND
TENNIS FEE: DEFINING MEMBERSHIPS AND REGULATING PLAY. Ms.
Macdonald read the caption of the resolution and reviewed the
changes In the resolution. Ms. Stofik moved approval and Mr.
Canton seconded the motion. The vote was unanimous In favor.
ITEM *5 REQUEST FOR APPROVAL TO USE FORFEITURE FUND FOR
PURCHASE OF AMMUNITION FOR TRAINING ON 9mm AUTOMATIC PISTOLS.
Ms. Macdonald explained the background behind the request.
Ms. Stofik asked If the funds were In addition to the money
set aside for ammunition In the budget. Chief Zoovas replied
yes that this ammunition Is for training and Is a different
type of ammunition. Ms. Stofik asked when the weapons would
arrive. Chief Zoovas replied In 60 days. Mr. Canton moved
approval of the request. Mr. Loffredo seconded the motion
and the vote was unanimous In favor.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING CODE
ENFORCEMENT TASK FORCE. Ms. Macdonald explained the
background behind why the Item Is on the agenda. She stated
that the reasons that the committee was formed have been
realized and she Is looking for guidance as to the status of
the committee whether it Is temporary or permanent. Ms.
Macdonald stated that If It Is a permanent committee then It
might be a violation of the sunshine law if two Council -
members are on the same committee. Ms. Stofik reviewed the
history of the committee and stated that there is one task on
the committee's agenda left which Is to make recommendations
to Council regarding policies and procedures. She asked to
be allowed to finish the task. Mr. Loffredo stated that most
of the work of the original committee has been completed. He
said the Dade County Deputy Code Enforcement program has not
been completed yet. Mr. Canton stated that the program Is
hung up In Dade County. Ms. Stofik stated that the protect
of County enforcement was not through the committee in
question. Ms. Stofik suggested that after the final protect
Is completed the committee could be disbanded. Mr. Larry
McClure suggested letting the committee sunset after the
Council gets Its report on the final protect. Mr. Spahn
suggested 60 days and If longer than 60 days then one Council
member should resign from the committee. Mr. Fann stated
that the Code Enforcement Board is a quasi Judicial board and
he said he has trouble with the Board meeting with a
committee made up of Councilmembers. Mr. Loffredo suggested
a short date and have the committee have a final meeting to
render a recommendation on procedures. Mr. Canton stated
that they are still faced with a tremendous undertaking which
will take more than 60 days. Mr. Spahn moved that the
committee have one more meeting, set out the things that they
feel that the administration should pursue through those
boards and sunset it at that moment In time. Mr. Loffredo
seconded the motion. Ms. Stofik stated that there is no way
that the committee can do the final Job at one meeting.
Mayor Courtney asked when the last meeting occurred. Ms.
Stofik replied about 6 weeks ago. Mr. Fann stated that there
was no quorum at that meeting. Mayor Courtney asked what Is
the last protect that the committee has to complete. Ms
Stofik replied that the last protect Involves reviewing
material regarding regulations, policies and procedures that
the committee received from other communities. Mayor
Courtney suggested that the committee have one more meeting
and If the task Is not complete, come before the Council with
a detailed report asking for more time. Mr. Loffredo
suggested an amendment to the motion that the committee
report back to Council and the Council would make a decision
whether to sunset It or not. Mr. Spahn accepted the
amendment. The vote was unanimous In favor.
ITEM *7 AN ORDINANCE AMENDING SECTION 16-19 OF THE CODE OF
ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; PROHIBITING THE
USE OR POSSESSION OF ALCOHOLIC BEVERAGES ON THE RECREATIONAL
FACILITIES OF MIAMI SHORES VILLAGE WITHOUT WRITTEN
AUTHORIZATION FROM THE VILLAGE MANAGER; LIMITING THE USE OF
SAID FACILITIES BY NON-RESIDENTS; PROHIBITING THE USE OF
RECREATIONAL FACILITIES PRIOR TO 12:01 P.M. ON SUNDAYS;
PROVIDING EFFECTIVE DATE. Ms. Macdonald read the caption of
the ordinance and explained the background behind the
ordinance. She suggested Targe signs be posted stating the
restrictions. Mr. Canton stated that he was concerned that 3
or 4 residents could have a huge football game and the field
would be torn up. He suggested no team play, only individual
play without permission from the recreation department. Mr.
JD Varney stated that it Is very hard to define team play.
Mr. Loffredo stated that the ordinance gives police arrest
powers with regards to enforcement of recreation rules and
that the ordinance is reasonable. Mayor Courtney stated that
he Is concerned with the situation at the recreation area,
but he does not want to shut down the facilities. He
suggested limiting the number of guests to 1 or 2 Instead of
5. Mr. Loffredo stated that 1 or 2 guests Is not enough.
Mr. Canton suggested 3 guests. Ms. Stofik asked how this
ordinance would prevent the incident that prompted this
action. Mr. Varney stated that the fields have never looked
better and that there Is not a problem with people tearing up
the fields. Mr. Spahn stated that the problem is lack of
enforcement and with the ordinance the police will be able to
enforce the rules. Mr. Spahn moved to go ahead with the
ordinance amending section 16-19 of the Code of Ordinances of
Miami Shores Village with 2 changes: substituting "all" for
"only" In both cases and not to exceed 3 guests. Ms. Stofik
seconded the motion. Ms. Macdonald stated that the intent of
the ordinance was not to restrict the tennis courts only the
fields. Mr. Spahn added to his motion to remove reference to
the courts from the ordinance. The vote was unanimous In
favor.
ITEM *8 VILLAGE MANAGER'S REPORT
Ms. Macdonald reviewed the figures on the report and stated
that she is encouraged by the figures.
ITEM *9 ANNOUNCEMENTS
Mayor Courtney read the announcements.
ITEM *10 COUNCIL COMMENTS
Mr. Canton spoke about schools, sewers and the Dade County
Charter change with regards to the police.
Mr. Spahn spoke about the Budget Hearing and the Foundation
Ball at the Country Club.
Mr. Loffredo spoke about the hurricane, the County Charter
and schools.
Mayor Courtney spoke about Junior Golf at the Club, the
theater and the Grand Concourse street party.
ITEM *11 PUBLIC COMMENTS
Mr. Ed Harrigan spoke about
Admiral Condit spoke about
traffic study.
Mr. Richard Fernandez spoke
Shores officers and thanked
the department.
Mr. Jay Lenoard stated that he has been a resident for
and asked for guidance In handling a zoning violation.
the newsletter.
the Country Club deficit and the
about the response time of Miami
the Chief for the good work of
ITEM *12 ADJOURNMENT
The meeting was adjourned at 9:48 p.m..
2 days
Attest: Gail Macdonald
Scott W. Davis
Deputy Village Clerk