10-03-1989 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
OCTOBER 3, 1989
The regular meeting of the Miami Shores Village Council was
held on Tuesday, October 3, 1989 at Village Hall commencing at
7:35 p.m. with the following members present:
Mayor Courtney
Herb Spahn
Spero Canton
Stephen Loffredo
Marty Stofik
Also Present: Gall Macdonald
William F. Fann
The Invocation was delivered by Dr. Gene Ray from the Miami
Shores Baptist Church followed by the Pledge of Allegiance.
Mayor Courtney presented an Award of Appreciation to Mr. Ed
Abdella for dedicated service on the Recreation Advisory
Committee.
Mayor Courtney presented a Proclamation to Barry University,
proclaiming October 4, 1989 as "The Opening of Barry
University's Golden Jubilee Year".
Mayor Courtney presented a proclamation to Miami Shores
Elementary School Principal, Mrs Della Zaher, proclaiming last
September 21st as "Della Zaher Day" In Miami Shores.
Mayor Courtney presented to former Mayor and Council members,
payment of one dollar for service to Miami Shores during
1988-89.
ITEM *1 MINUTES
Ms. Stofik moved approval of the minutes from the Special
Council Meeting of 9/12/89. Mr. Canton seconded the motion and
the vote was unanimous In favor. Mr. Loffredo moved approval of
the minutes from the Council Workshop on Insurance of 9/18/89.
Mr. Canton seconded the motion and the vote was unanimous In
favor. Mr. Canton moved approval of the minutes from the
Regular Council Meeting of 9/19/89. Ms. Stofik seconded the
motion and the vote was unanimous In favor. Ms. Stofik moved
approval of the minutes from the Special Council Meeting of
9/20/ 89. Mr. Loffredo seconded the motion and the vote was
unanimous In favor. Mayor Courtney acknowledged receipt of the
following minutes:
Mayor's Task Force on Country Club 8/17, 8/24 and 9/7
Downtown Revitalization Board 9/6/89
Mayor's Ad-hoc Task Force on Sewers 9/14/89
Advisory Board on Handicapped Services 9/26/89
Planning and Zoning Board 9/14/89
ITEM *2 REQUEST FOR APPROVAL FOR FREE STANDING SIGN.
Mr. LuBlen explained the background behind the request, and
explained In detail the location of the proposed sign. Mr.
Canton stated that there will be three signs in one block. Mr.
LuBien replied that the Planning Board found the situation
acceptable. Mr. Fernandez from the P&Z Board stated that the
density of the signs is no problem. Mr. Spahn moved approval of
the free standing sign. Mr. Canton seconded the motion and the
vote was unanimous In favor.
ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING FP&L STREET
L IGHT TESTING. Ms. Macdonald explained the background behind
the Item and recommended asking FP&L to remove the new street
lights from that area. Mr. Bob Holstein from FP&L reviewed the
h istory of the test program. He stated customers In the test
area have enjoyed the addition to their streets. Mr. Holstein
said FP&L can Install lights over a number of years and the
program can be guided by the budget. He said the protect will
help the citizens of Miami Shores. Mr. Spahn asked If the
Village can cut back the trees to help light the streets and
leave the test lights In. Ms. Macdonald stated that Public
Works could do the work required to cut the trees. Mr. Loffredo
stated that he would like the Village to pursue the program and
proposed maintaining the test area through the fiscal year and
expand North to similar streets next year.
All comments In this section are by Miami Shores residents.
Donald Rodgers stated that he lives In the test area and the new
lights are a great enhancement and a deterrent to crime. He
recommended proceeding and expanding the program.
Nigel Macdonald suggested that the Village wait awhile before
they end the program.
Alan Rodgers stated that he Is Impressed with the Council
because they are doing something to fight crime and he hopes
that the program will continue.
Dottie Yates stated that crime happens during the day not at
n ight. She suggested keeping house lights on at night. She
also suggested not going Into heavy expense at this time because
of other protects.
Mr. Canton stated that compared to the rest of the County Miami
Shores Is underllt. He suggested continuing the protect. Mr.
Spahn moved to leave 20 test lights In place, that the Council
hold off any further action for the rest of this fiscal year and
that the Council Instruct Mr. Benton to gradually cut the
foliage back for additional lighting and make a Judgement a year
from now. Mr. Canton seconded the motion and added an
amendment: that the Council Include the project In next years
budget and that It be brought up again at budget time for
discussion and possible action. Mr. Spahn accepted the
amendment. Ms. Stoflk stated that she Is In accord with leaving
the lights In the test area but that she has a problem with
cutting the trees back any more. Mr. Tom Benton stated that
poor past nursery practices have gotten the Village Into the
problems that they are now In. He said that trees have been
planted right under the lights. Mr. Loffredo asked If it was
possible to have the lights lower In areas where the trees
Interfere. Mr. Holstein stated that it could be done but it Is
not cost effective. Mr. Canton asked If the Ilghts can be
moved. Mr. Holstein replied that the lights can be moved but it
Is costly. Mr. Spahn withdrew his motion and moved to leave the
test area In, that the Council go ahead and keep the 20 poles
and take another look next year as to whether to proceed with
the protect. Ms. Stofik seconded the motion. The vote was
unanimous In favor.
ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING DESIGN OF
BARRICADES, TEST SITE AND IMPLEMENTATION OF PROGRAM. Ms.
Macdonald announced that the Village received a letter from Dade
County that they have accepted our program without changes. She
stated that the consensus of the Council Is curbing small
flowering trees and hedging. Mr. Canton stated that Mr.
Laubenthal Is looking for additional confirmation before he
proceeds. Mr. Loffredo stated that he would not like to see
curbing In the barricades unless curbs are already In place.
Mayor Courtney stated that It Is clear from the minutes what the
Council desires and Mr. Laubenthal has an Idea of what the
Council wants. Mr. Canton stated that the program could be
phased in In 2-3 years or the Council could put all the
barricades In at one time and pay off the program on a yearly
basis. He said the Council should look at putting all of the
barricades In at once to save money. Mr. Loffredo moved to
approve the proposal submitted to the Council by Mr. Laubenthal
and his company, to do the design and supervise the
implementation of the first permanent barricade for a price of
$1,400. Mr. Spahn seconded the motion. Mayor Courtney asked
Ms. Macdonald If Mr. Laubenthal Is going to do a prototype
before he proceeds. Ms. Macdonald replied yes. The vote was
unanimous In favor. Mr. Canton suggested again doing the whole
protect at once. Mr. Spahn suggested that the Council wait
until the group meeting before proceeding, then get cost
estimates. Mr. Loffredo stated that he was concerned with going
all at once even If It Is more cost effective. He said that the
success of the current program Is because the temporary
barricades have been up for a long time and it gives time to
study the program. Mr. Canton stated that the temporaries be up
In areas for 1 or 2 months. It will give people In those areas
time to evaluate the program. Ms. Candy Larson suggested
spending the allocated money to put all of the temporary
barricades up before putting up any permanent barricades so that
the whole program can be evaluated. She said that it Is
Impossible to evaluate the traffic patterns unless all of the
barricades are In place.
Mayor Courtney called for a recess at 8:55 p.m..
The meeting was re -convened at 9:12 p.m..
ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING THE REQUEST FOR
PLANNING AND ZONING BOARD TO ASSIST THE AD-HOC TASK FORCE -SEWERS
IN THE PLANNING PART OF THE FUNCTION. Ms. Macdonald stated that
a special election Is not necessary to place sewers In a
commercial area. Mr. Spahn proposed to bring In the P&Z board
to do a total feasibility study downtown with regards to sewers.
Mr. Loffredo suggested that the Council take a look at what The
Department of Environment Resource Management (DERM) has to say
before they proceed. Mr. Canton stated that expansion of
downtown hinges on sewers. Mr. Spahn stated that the P&Z Board
would be Included In planning for downtown not for re -zoning.
Mr. Loffredo stated that the Council will not accept high rises
and parking garages on 2nd Avenue. Ms. Stoflk stated that the
concept of sewers was Included In the Comprehensive Plan. She
said that the planning phase has been completed. Mr. Canton
stated that the Council doesn't even know what the cost of
putting sewers In would be. Ms. Stofik stated that there have
been people Interested in putting In a restaurant, but they
could not proceed because of lack of sewers. Mr. Canton moved
to draw up a resolution for approval at next meeting to have
DERM come in and take a look at the downtown Miami Shores area
and tell the Council about the feasibility of sewers. Ms.
Stofik seconded the motion. Mr. Henry Everett spoke about
sewers increasing the tax base. He said that will Involve
re -zoning. Mr. Richard Fernandez spoke about his
with Mr. Zerniack regarding the installation of the
Barry Collage. He suggested getting someone local
Miami Shores' situation. Ms. Pat Dahne, Chairman
Revitalization Board, stated that Miami Shores needs
what the costs are. She suggested going to the
getting real numbers. Mr. Everett spoke about
discussion
sewers from
to evaluate
of Downtown
to find out
County and
the lack of
notice of the Ad-hoc committee meetings. Mr. Ed Harrigan stated
that business owners should be Involved In the Ad-hoc committee.
He spoke about water table levels and hurricane's effect on
sewers. Mr. Richard Colangelo spoke about contacting property
owners and that he told them that the petition was only for a
study. Mayor Courtney stated that he Is In favor of finding out
about the cost of putting sewers downtown on 2nd Avenue. Mr.
Spahn asked Ms. Macdonald If DERM would conduct a study without
a contract to put In sewers. Ms. Macdonald replied that she
didn't have an answer at that time. The vote was taken for the
motion on the floor. the vote was as follows: Stofik-yes,
Canton -yes, Loffredo-yes, Mayor Courtney -yes, Spahn-no. The
motion carried.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING SITUATION WITH
PUBLIC SCHOOLS Mr. Canton explained the background behind the
Item. He said Miami Shores does not have a High School and the
Shores Is bound by the School Board's quotas for each school.
Ms. Macdonald explained about the meeting set up by the Governor
where the Village can voice their opinion on schools for Miami
Shores. Mr. Canton stated that people are moving out of Miami
Shores because of the school system. Ms. Stofik stated that the
Dade County school system Is not an equal opportunity system.
She said that Integration has failed at every vote of the Board.
Mr. Canton stated he would like to see the Council possibly
take legal action to get the education our citizens are paying
for. Mr. Loffredo suggested that the Council speak to Miami
Country Day to see If some arrangement can be made with them at
a legal level. Ms. Stofik spoke about a program where the
school board Is looking for help running the schools. Mr.
Canton asked to be put on the agenda for the next meeting with a
list of things to do In order to get action. Mr. Fann stated
that political pressure would be more prudent than legal action
with regards to the school board.
ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING ANNEXATION
STUDY. Ms. Macdonald reviewed the background behind the agenda
Item. She said the study will Include the Davis Harbor,
Quayside and West Shores area and that Mr. Swarthout and Mr.
Larue both submitted proposals. Both proposals were In the
amount of $8,500 Ms. Macdonald said. Mayor Courtney suggested
that the Council choose Robert Swarthout to do the study. Mr.
Canton moved to ask Robert K. Swarthout to do an annexation
study for Miami Shores looking at the proposed locations with a
$8,500 cap. He also asked that Ms. Macdonald negotlate with Mr.
Swarthout on the additional area to be studied that would border
between NE 2nd Avenue and the Biscayne Canal from 107th Street
to 115th Street. Mr. Spahn seconded the motion and the vote was
unanimous In favor. Mr. Canton moved to use the money brought
forward for a planner for this protect. Mr. Spahn seconded the
motion and the vote was unanimous In favor.
ITEM *8 AN ORDINANCE AMENDING SECTION 904(a) OF MIAMI SHORES
VILLAGE ZONING ORDINANCE 270, AS AMENDED; REQUIRING PLANS
PREPARED BY REGISTERED ARCHITECT OR A REGISTERED ENGINEER FOR
ISSUANCE OF BUILDING PERMIT FOR GARAGE, CARPORT AND OPEN PORCH
ENCLOSURES; PROVIDING EFFECTIVE DATE. Ms. Macdonald read the
caption of the ordinance. Mr. Spahn moved for adoption. Ms.
Stofik seconded the motion and the vote was unanimous In favor.
ITEM *9 REQUEST FOR APPROVAL OF AUCTION OF SURPLUS PROPERTY.
Mr. Canton moved approval for the request for auction of surplus
property by the Village of Miami Shores. Mr. Loffredo seconded
the motion and the vote was unanimous In favor.
ITEM as 10 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. Ms. Stofik
moved adoption of the ordinance. Mr. Canton seconded the motion
and the vote was unanimous In favor.
ITEM *11 ANNOUNCEMENTS
Mayor Courtney read the announcements.
ITEM *12 COUNCIL COMMENTS
Ms. Stofik spoke about Miami Shores Kiwanis Field day and Miami
Country Day School.
Mr. Canton asked P&Z to look at signs In Miami Shores and come
up with a sign ordinance.
ITEM *13 PUBLIC COMMENTS
Carl Commissiong spoke about barricades and lack of visibility
of police. He also spoke about side walks on 111th Terrace.
ITEM *14 ADJOURNMENT
The meeting was adjourned at 10:48 p.m.
Attest: Gall Macdonald
Village Clerk
By:
Scott W. Davis
Deputy Village Clerk
my Courtney
Mayor