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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