11-21-1989 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
TUESDAY, NOVEMBER 21, 1989
The Regular Councll Meeting of the Miami Shores Village
Council was held on Tuesday, November 21, 1989 at Village
Hall commencing at 7:35 wlth the following members present:
Mayor Courtney
Herb Spahn
Spero Canton
Stephen Loffredo
Also present:
Ms. Macdonald
William Fann
Absent: Marty Stofik
Dr. Harold A. Davenport from the Miami Shores Community
Church gave the Invocation which was followed by the Pledge
of Allegiance.
ITEM *1 MINUTES
Mayor Courtney acknowledged acceptance of the minutes from
the following meetings:
Country Club Advisory Board 10/25/89
Fine Arts Commission 11/7/89
ITEM *2 REQUEST FOR APPROVAL OF PLANS FOR BARRY UNIVERSITY
DORMITORY. Mr. Richard Fernandez was prepared to present the
agenda Item. Mr. Fann stated that If the applicant is not
present then the Item should not be heard. Mayor Courtney
stated that the Council will dlfer this Item.
ITEM *3 FINE ARTS COMMISSION.
Although neither applicant was present Ms. Macdonald stated
that both applicants were notified. Mayor Courtney stated
that the Council will difer this Item due to both applicants
not being present.
ITEM *4 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
MIAMI SHORES IN FAVOR OF INSTITUTING CHANGES IN THE
METROPOLITAN DADE COUNTY HOME RULE CHARTER PROVIDING FOR BOTH AT
LARGE ELECTION OF THE MAYOR AND COMMISSIONERS, AND COMMISSIONERS
TO BE ELECTED FROM DISTRICTS, PROVIDING THAT NO DISTRICT SHALL
TRAVERSE MUNICIPAL BOUNDARIES. Mayor Courtney read the
preamble of the resolution. Mr. Canton stated that the
resolution was passed down from the Florida League of Cities.
Mayor Courtney stated that this resolution Is an attempt to get
representation from each part of the County. Mr. Canton moved to
adopt the resolution on First Reading. Mr. Spahn seconded the
motion and the vote was unanimous In favor.
ITEM *5 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
MIAMI SHORES OPPOSING ANY PROPOSED CHARTER AMENDMENT BY
METROPOLITAN DADE COUNTY REQUIRING THAT ALL POLICE DEPARTMENTS
OPERATING WITHIN DADE COUNTY SHALL BE MERGED INTO A SINGLE
UNIFIED DADE COUNTY PUBLIC SAFETY DEPARTMENT PROVIDING ALL
POLICE SERVICES THROUGHOUT THE INCORPORATED AND UNINCORPORATED
AREAS OF THE COUNTY. Mayor Courtney read the preamble of the
resolution. Mr. Canton explained the background behind the
resolution and moved to adopt the resolution. Mr. Spahn
seconded the motion and the vote was unanimous In favor.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING RESPONSE OF
RESIDENTS AT NW 95TH STREET AT 2ND PLACE AND 2ND CT.
Ms. Macdonald explained the agenda Item. She said that she
received 2 responses. One stated that the wall would be In
harmony and the other was that the wall will Invite graffiti.
Mr. Spahn stated that the administration should proceed.
Mr. Loffredo arrived at the meeting at this point In the
discussion.
Mr. Canton moved to have Council go ahead and accept staff
recommendations as to constructing a wall. Mr. Spahn seconded
the motion. Mr. Loffredo asked that the wall be recessed so a
hedge can be planted. The vote was unanimous In favor.
ITEM *7 DISCUSSION REGARDING FURTHER PLANNING FOR SEWER
CONSTRUCTION DOWNTOWN. Mr. Spahn stated that per the consensus
of Council at the workshop on Sewers he moved that the Council
turn the sewer protect over to P&Z for analysis with
particular attention to possible relaxation of height with
retail at street level on NE 2nd Avenue, to address parking and
amending the master plan In the process to clear up confused
wording on sewers on 2nd Avenue. Mr. Loffredo stated that due
to concurrency turning the protect over to P&Z Is Incorrect. He
said that there should be two motions. One turning the protect
over to Metro Dade and number two, a motion similar to Mr.
Spahn's. Mr. Canton stated that he supports Mr Loffredo's
motion. He said that it Is not a P&Z Issue rather a County
Issue. Mr. Spahn said that Miami Shores should relax zoning and
that he would like to have public hearings. Mr. Loffredo stated
that the Council does not have to amend the Comprehensive Plan
to proceed with the sewer protect. Mr. Fann stated that In his
opinion the Comprehensive Plan does need to be amended. Mr.
Spahn asked for a ruling from Mr. Fann on how to proceed. Mr.
Fann responded saying that the Council can commence the
proceedings by resolution and by resolution the Council can
terminate them also. He said that the Comprehensive Plan should
be amended to accommodate sewers before the contracts are let or
the Council Is Irrevocably down the road. Mr. Canton stated
that In the past there have been problems with restaurants going
In downtown because of a lack of sewers. Mayor Courtney stated
that there Is a 5 step process for the County:
Evaluation of cost
Public Hearings
Input from property owners
Whether there are voluntary property owners
or Involuntary property owners
A decision from the County
He said that he is In favor of the resolution to ask the County
to proceed with the process of Investigating the sewers and
holding hearings with the property owners and to ask the P&Z
Board to look at the relaxation of height and parking problem.
Mr. Canton seconded the motion from Mr. Loffredo.
Ms. Macdonald stated that DERM may not accept a verbal
resolution from the Council. Mr. Spahn asked Ms. Macdonald If
the Council petitions DERM can the Council stop the process
later. Ms. Macdonald replied that the process cannot be stopped
unless there Is a large outcry at the County Commission meeting
to stop the process. Mr. Fann stated that the County will not
accept anything unless It Is In writing and he said that he Is
not sure If it is reversible. Mr. Spahn stated that the Council
should defeat the motion then the project can go to P&Z and get
the proper wording for a resolution to be sent to the County.
Mr. Loffredo withdrew his motion. Mr. Spahn stated that the P&Z
Board should get started on reviewing the sewer protect and he
restated his original motion. Mr. Canton stated that the
Council members have a difference of opinion on what to send to
the P&Z Board. There was no second forthcoming. Mayor Courtney
stated that the Council will difer this Issue until the next
Council Meeting, at which time Mr. Fann would report whether a
referral to DERM would be reversible.
ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENT OF
COMMITTEE TO STUDY SCHOOL ISSUE. Mr. Canton explained the
background behind the agenda Item. He said that the school
Issue Is not a racial Issue. He proposed to establish a
committee, made up of principals from feeder schools and parents
to look at Issues regarding the school problem. Mr. Craig
Sturgen, Principal of Edison High School, spoke about the feeder
schools and attracting students to go to Edison. He said he
would like to work with the Council and assist them In any way
he can regarding this Issue. Mr. Canton stated that
alternatives were discussed due to the frustrations on the part
of the Council. He said the Council should look at the reasons
parents are not sending their children to the public schools and
find solutions to the problems. Mr. Loffredo stated that the
elementary schools locally are well supported by the parents.
Mr. Canton stated that he would like to bring before the Council
at the December 5th meeting a list of proposed members of the
committee. Mayor Courtney stated he has been to the local
public schools and was impressed with what was happening there.
He said perception Is very Important and a lot of public
relations work needs to be done.
ITEM *9 FINAL APPROVAL OF FY 89 ADVANCE FROM GENERAL FUND TO
COUNTRY CLUB. Ms. Macdonald stated that the actual figure of
the transfer Is $687,369.91. Mr. Spahn moved to approve the
figure as the final transfer figure. Mr. Canton seconded the
motion. Mr. Loffredo stated that In the past many of the
transfers were made without the Council's knowledge. He said
that cutbacks should be made before further advances are made In
the future. The vote was unanimous in favor.
ITEM *10 VILLAGE MANAGER'S REPORT.
Ms. Macdonald spoke about the workshop that will occur on
December 4th and reviewed the figures on the report. She said
that the Club has lost $21,000 In October of this year and
traditionally has lost money In August, September and October
and makes up the revenue the rest of the year.
ITEM *11 Council COMMENTS
Mr. Spahn spoke about the sewer Issue and wished everyone a
happy Thanksgiving.
Mr. Loffredo spoke about the public school Issue.
Mayor Courtney read a thank you note from Richard Clifford, the
man who tried to open a yogurt shop in the Shores. He also
spoke about the sewer Issue.
ITEM *12 PUBLIC COMMENTS
Mr. Henry Everett spoke about sending the sewer Issue to the P&Z
board.
Mr. Edgar Bundy spoke about the sewer Issue and transfers at the
Country Club.
Mr. Ed Harrigan spoke about the P&Z Board.
ITEM *13 ANNOUNCEMENTS
Mayor Courtney read the announcements.
ITEM *14 ADJOURNMENT
The meeting was adjourned at 9:28 pm.
Attest: Gall Macdonald
VI I Ia1Qe Clerk
By:
Scott W. Davis
Deputy Village Clerk