Loading...
08-21-1990 Regular Meeting MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING AUGUST 21 , 1990 The regular meeting of the Miami Shores Village Council was held on Tuesday, August 21 , 1990 at Village Hall commencing at 7:30 p.m. with the following members present : Mayor Courtney Herb Spahn Spero Canton Marty Stofik Also present : Gail Macdonald William F. Fann. Absent : Stephen Loffredo ITEM *1 MINUTES Ms. Stofik moved approval of the minutes from the Budget Workshop of 7/24/90. Mr . Spahn seconded the motion and the vote was unanimous in favor . Mr . Spahn moved approval of the minutes of the Budget Workshop of 7/25/90 and the Regular Council Meeting of 8/7/90. Ms. Stofik seconded the motion and the vote was unanimous in favor for both motions. Mayor Courtney acknowledged receipt of the minutes from the following meetings: Recreation Advisory Committee 7/16/90 Country Club Advisory Board 7/25/90 ITEM *3 REQUEST TO APPROPRIATE FUNDS FOR THE PURCHASE OF BUILDING AND ZONING VEHICLE . Ms. Macdonald reviewed the background. She stated that Building and Zoning has selected a Ford on State contract for $12,764 and recommended appropriating the money from Fund Balance. Ms. Stofik moved approval . Mr . Spahn suggested that all vehicle bids Include the mites per gallon figures. Ms. Macdonald stated that the Ford gets 13 MPG city and 19 MPG highway. Mr . Canton seconded the motion and the vote was unanimous in favor . ITEM *2 PLANNING AND ZONING A. REQUEST FOR PARKING VARIANCE BY PUBLIX SUPERMARKET Mr . LuBlen explained the background and Mr . Fernandez explained the P&Z Boards determination. He said that Publix was out of parking compliance to begin with and the addition would make them more out of compliance. Mr . Canton asked about parking for Publix and for the shopping center . Mr . LuBlen reviewed the Code of Ordinance. Mr . Fann stated that the appeal is untimely although the Council can waive the timeliness Issue. He also stated that the variance should be granted only in the case of a hardship. Mr . Canton moved to waive time expiration date on the appeal from P&Z Board. Mr . Spahn seconded the motion and the vote was unanimous in favor . Mr . Tom O'Connor of Publix, Introduced Mr . C.L. Newsome. Mr . Newsome explained that the Publix store in Miami Shores Is Inadequate. He said Publix has budgeted $1 ,795,000 for renovation of the Shores store and if the variance is not granted that Publix would have to question Investing in this store. Mr . Newsome stated that the parking was adequate and that it will still be with the addition . Mr . Spahn stated that people will loose Interest in the store without Improvement and the clientele will go down. Mayor Courtney stated that he was in favor of granting the variance. He said that the store has gone way down and the employees are sub quality. Mr . Canton moved to grant a variance for Publlx to construct a 1200 foot vestibule based on hardship. Mr . Spahn seconded the motion and the vote was unanimous in favor . B. REQUEST FOR APPROVAL OF TEMPORARY GRADE SCHOOL. Mr . LUBien explained the background stating that the project was turned down because of the construction materials. Ms. Della Hatch, Sr . Site Planner for Dade County Schools, explained where the classrooms would be placed . She asked for a maximum of 3 years to place 10 relocatabie classrooms at the site. Ms. Hatch said that masonry construction would be permanent and this site Is temporary. Mr . Spahn asked Mr . Fann what is temporary. Mr . Fann replied that their request should be a request for a variance from Barry University based on hardship. Mr . Spahn stated that there is overcrowding at Miami Shores Elementary and that that Is a hardship. Ms. Stofik asked what the portables will be used for . Ms. Hatch replied Kindergarten classes and that the portables would be hooked up to sewer lines. Ms. Stofik asked about traffic in the proposed area. Ms. Hatch explained the layout and how traffic would be affected . Ms. Stofik spoke about the current cap on students at Miami Shores Elementary . Ms. Carol Cortez stated that the cap will be removed this year . She spoke about the numbers of students at different schools and she spoke about State School "V" . Mr . Tim Czernlec, from Barry University stated that there is definitely a cap of 3 years for a lease to Dade County Public Schools. He said that It is proposed to be 10 temporary structures. Mr . Fann stated that the request must come from Barry University and the variance be requested because construction does not meet Miami Shores- Code. Ms. Cortez stated that If the request is denied then 1 ,500 students will have to be housed at Miami Shores Elementary. Mr . Canton spoke about overcrowding in Dade County Schools. Ms. Della Zaher spoke about how good her school Is and that the overcrowding situation must be relieved . Ms. Brenda Hatch stated that she was concerned with the numbers of students and something must be done. Ms. Terry Howard spoke about boundary changes and the availability of portables. Mayor Courtney stated that Dade County School Board is working with the Council and there is a spirit of cooperation . He said the Portables will relieve overcrowding . Ms. Stofik stated that she supports a motion for a 1 year variance. Mr . Canton stated that he supports a motion for a 2 year variance. He said he would like to see a long range plan presented next year . Mr . Spahn stated that this is a chance to help relieve the problem In the short term. Mr . Canton moved to grant Barry University a 2 year variance to erect 10 portables for 2 years. Mr . Fann stated that all of the proceedings are Irregular . Mr . Spahn seconded the motion. Mr . Fernandez spoke about the definition of a temporary structure and the problems that may occur in the future. Mr . Canton added to his motion that Barry University and the School Board will report back to the Council on the progress of the school overcrowding Issue. The vote was unanimous in favor . ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING LIGHTING OF THE COUNTRY CLUB TENNIS COURTS. Ms. Macdonald reviewed the background . Mr . Chuck Hart stated that lighting is necessary at the tennis courts and it will Increase memberships and playing time. Mr . Canton asked about hours of operation. Mr . Hart stated that the courts will be used at times until 10 pm. Rod Mandelstam, of Dimensional Tennis Systems, spoke about building tennis courts and the lighting of tennis courts. He also spoke about light spillage on to adjacent properties. Mr . Gordon Holmes spoke about the construction of the lights. Mr . Joe Schwartz, President of the Tennis Club, stated that he was in favor of lighting of the tennis courts. Mr . Fred Massie spoke about the noise from the courts and objected strongly to lighting the courts. Mr . Frank Miller stated that he was against the noise pollution and light pollution. He spoke about crime in the area. Mr . Vince Shaftmelster spoke about lights shining in his window and noise pollution . He read a statement In opposition to the lights. Ms. Stofik stated that she would like to see what the lights look like at night but the noise is the problem. Mr . Spahn suggested a cut off time of 8 pm. Mr . Spahn moved to table for 2 weeks and ask Mr . Hart to arrange an opportunity to see the lights In operation. Mr . Canton seconded the motion and the vote was unanimous in favor . ITEM *5 APPOINTMENTS TO THE FINE ARTS COMMISSION This Item was deferred until the next Regular Council meeting. ITEM *8 DISCUSSION REGARDING GRANT FOR THE PERFORMING ARTS THEATER. Mr . Arnold Mercado requested a formal resolution from the Council that the Village will pledge up to $25,000 in matching funds with the final determination being made by Dade County Cultural Affairs Council . Ms. Stofik so moved with all of the same restrictions with regards to copies of grant applications and other performance data that was required in last years motion. Mr . Spahn seconded the motion . The vote was unanimous with Mayor Courtney abstaining due to a conflict of Interest . Ms. Stofik left the meeting at this time. ITEM #7 REQUEST FOR AWARD OF BID FOR RE-ROOFING OF THE COMMUNITY CENTER PATIO. Ms. Macdonald explained the background and recommended approval . Mr . Canton so moved . Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING PICTURE IDs FOR USE OF RECREATIONAL FACILITIES. This Item was deferred until the next Regular Council Meeting . ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING IMPLEMENTATION OF PROPOSED PAY PLAN. This Item was deferred until the next Regular Council Meeting . ITEM *10 RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL EXPRESSING SUPPORT FOR FULL PARTICIPATION OF AMERICAN INDUSTRY IN THE PROVISION OF TELECOMMUNICATIONS, EQUIPMENT AND SERVICES. Mayor Courtney read the caption of the resolution . Mr . Gus Alphonso, from Southern Bell , explained the resolution . Mr . Canton moved to pass the resolution . Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *11 AN ORDINANCE AMENDING SECTION 9-42 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCE, MIAMI SHORES VILLAGE, FLORIDA; INCREASING WASTE FEES; PROVIDING EFFECTIVE DATE. Mayor Courtney read the caption of the ordinance. Ms. Macdonald stated that a similar ordinance is passed each year on an emergency basis setting forth garbage fees. Mr . Canton so moved . Mr . Spahn seconded the motion and the vote was unanimous in favor . ITEM *12 ANNOUNCEMENTS Mayor Courtney read the announcements. ITEM *13 PUBLIC COMMENTS Mr . Condit spoke about Dean Claussen passing away and his accomplishments in the Village. He also spoke about barricades and traffic on 96th Street . ITEM *14 COUNCIL COMMENTS There were no Council comments. ITEM *15 ADJOURNMENT The meeting was adjourned at 10:24 pm. 4ornrr . ourt Attest : Gail Macdonald *Illage Clerk By: Scott W. Davis FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME—MIDDLE N ME CUU��i1! ge- THE BOARD, COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON WHICH I SERVE 1S A UNIT OF. ILING ADDRESS /1/ CrrY O COUNTY O OTHER LOCAL AGENCY O STATE • CO NTY NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE / f a �,s I� C_buivS`@./ WHO MUST FILE FORM 4 This form is for use by any person'serving on either an appointed or elected'board,council,commission,authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are facid with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided into two parts:PART A is for use by persons serving on local boards municipal,county,special tax districts,etc.),while PART B is Prescribed for all other boards,i.e.,those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2),Florida Statutes)by whom he is retained. In any such case a local public officer must disclose the conflict: (:.', P:lOr T-1 HE V O T E BEING TAKEN by publiciy stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) ' WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp.1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such-cases,however,the oral and written disclosure of this part must be made. 1,the undersigned local public officer,hereby disclose that on I abstained from voting on a matter which(check one): inured to my special private gain;or inured to the special gain of ,by whom l am retained. j C- 'vc e71- I 7Cde CE FORM 4-REV.1044 ��,� B� /r�r° 4 4-6' /'{Z i./� �` -Aj PAGE (b)The measure on which/1 abstained and the natuJre of my interest in the measure is as follows:� fl� c aAo("? Da Filed Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2),Florida Statutes(Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter.However,any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in F?hrf B below within 15 days after the vote occurs. I,the undersigned officer of a state agency,hereby disclose that on ' 19-: (a)I voted on a matter which(check one): inured to my special private gain;or inured to the special gain of ,by whom I am retain (b)The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(13)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES$112.317(1993).A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION,REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED 53.000. CE FORM 4-REV.1044 PAGE 2