Loading...
09-03-1991 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING SEPTEMBER 3, 1991 The regular meeting of the Miami Shores Village Council was held on Tuesday, September 3, 1991, at the Miami Shores Village Hall commencing at 7:34 p.m. with the following members present: Mayor Johnson Henry T. Courtney Robert Cook Herb Spahn Stephen Loffredo Also present: Gall Macdonald William F. Fann The Invocation was delivered by Reverend Mark Porizky from the Miami Shores Presbyterian Church. ITEM *1 MINUTES Mr. Spahn moved approval of the minutes for the attachment to the 7/24/91 Budget Hearing. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mayor Johnson acknowledged receipt of the minutes from the Downtown Revitalization Board meeting of 8/14/91. ITEM *2 PRESENTATION OF COUNTRY CLUB ANNUAL REPORT. Mr. Hart delivered the annual report reviewing the protects undertaken by the Club. He reviewed the progress on the reconstruction of the golf course and also stated that the North five acres will be used for cricket for the duration of the winter. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI SHORES PERFORMING ARTS THEATER REQUEST FOR MATCHING FUNDS. Ms. Macdonald reviewed the background stating that the theater received a grant of $59,278 and the Village's matching grant of 25% equals $14,820. She recommended approval. Mayor Johnson stated that he was on the board of Directors of SPATS and would abstain from voting on the Issue. He stated that the money would be used for renovation of the theater and not for operations. Mr. Loffredo moved approval to grant the theater the grant with the provision that they provide the Council within 7 or 8 days the theater's proposed expenditures. Mr. Spahn seconded the motion. Mr. Cook stated that he likes the idea of supporting the theater; however, government should not be in the entertainment business. Mr. Loffredo suggested requesting the theater send representatives to give a report to the Council at the next meeting. Mr. Spahn stated that he doesn't think that the Council should be In the entertainment business; however, government does support the arts with a limited amount of dollars. Mr. Cook stated that it would be best to hold off and give the theater a chance to report to the Council. Mr. Spahn moved to table on the basis of presenting an operational statement for the coming year. Mr. Cook seconded the motion. Mr. Loffredo stated that he was concerned with sending a negative signal with regard to the theater. The vote to table was as follows: Spahn - Yes Cook - Yes Loffredo - Yes Courtney - Abstain Johnson - Abstain Mr. Courtney stated that he abstained because he may have a conflict based on the fact that he was the president of the theater board and has donated money to the theater. Ms. Macdonald suggested that the money be appropriated; however, do not disperse the funds until questions are answered. Mr. Loffredo suggested appropriating the funds at the September 25th Council meeting. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING POOL STUDY ENGINEERING FEES. Ms. Macdonald explained the background. She stated that there are 4 procedures (tasks) that the Council wanted to accomplish: 1. Determine the usable life span of the existing facility if no repair work Is Initiated. 2. Determine what repairs are required to continue use of the facility up to 10 years; when the repairs would be necessary and what would be the cost. 3. Determine the cost to effect the needed repairs with the existing facility with no changes merely renovate it as Is and modify it to accommodate handicapped access. 4. Determine the cost of needed repairs by filling In under the deck area and constructing restrooms on the deck and modifying the facility to accommodate handicapped access. Ms. Macdonald explained the bid procedure for engineering services and recommended that the Council authorize the Village Manager to negotiate with HJ Ross to perform task number 1 and 2. Mr. Spahn suggested filling in under the deck and constructing restrooms on the deck. Mr. Cook stated that he agreed with the Village Manager regarding performing task number 1 and 2. Mr. Loffredo stated that he was concerned with the amount of money already spent on engineering fees and the expenditure of additional funds. Mr. Douglas Wood, President, HJ Ross and Associates, discussed the cost for different types of studies on the pool facility. He also stated that the structure problem was not only with the deck. Mr. Courtney asked Mr. Wood about building on previous engineering studies from another firm. Mr. Wood replied that if his firm is responsible for the study then his firm must generate the information for the study. Mr. Courtney stated that he supports the Village Manager's recommendations. Mr. Courtney moved to adopt the Village Manager's recommendations to ask HJ Ross and Associates to do Items A&B from their letter. Mr. Loffredo seconded the motion. Mr. Spahn asked for the time frame on the study. Mr. Woods replied 4 weeks. The vote was unanimous In favor. ITEM *5 REQUEST FOR APPROVAL OF CONTRACT WITH CHAMBER OF COMMERCE TO PREPARE NEWSLETTER. Ms. Macdonald reviewed the background and spoke about Items to be stricken from the contract. She stated that the Chamber will start with the November newsletter and recommended approval with the changes. Mr. Courtney moved to table the Item. Mr. Spahn seconded the motion. Mayor Johnson declared a possible conflict because he Is on the Board of Directors of the Chamber. The Vote to table was unanimous In favor with Mayor Johnson abstaining due to his stated conflict. ITEM *6 AWARD OF BID FOR RADIO TOWER. Ms. Macdonald reviewed the background and stated that the bids substantially exceeded the amount budgeted. She recommended refecting the bids. She also stated that there is a resident willing to donate a radio tower and that the Village only has to pay for transportation and Installation costs. Mr. Spahn moved to reject the bids. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *7 AWARD OF BID FOR STREET SWEEPER. Ms. Macdonald reviewed the background. She stated that the bids received did not meet the specifications required. Mr. Courtney moved to reject all of the bids and authorize the Village Manager to negotiate directly with Systems Services and Equipment Co. Mr. Spahn seconded the motion. Mr. Ray Hanousek, from Grassey Equipment Co., stated that he was lodging a formal protest. Mr. Benton explained the specifications for the street sweeper. He stated that he tested all of the equipment that he received bids on. The vote was unanimous in favor. ITEM *8 DISCUSSION REGARDING BEAUTIFICATION OF MIAMI SHORES. Ms. Robin Gart, representing FOCUS made a presentation regarding beautification of Miami Shores focusing on the crosswalk pavers for downtown. Mr. Spahn explained how the budget process works and that the Council has to cut $700,000 from the budget. He stated that the Chamber could take over part of the function of The Downtown Revitalization Board (DRB). Mr. Loffredo stated that the Council Is divided on the paver issue and revenues are down for the Village. He stated that the project is on hold due to finances. He stated that taxes could be raised to fund the project; however, there was no support on the Council to raise taxes. Mr. Spahn spoke about approaching the 10 mill cap. Mr. Courtney spoke about community activism to support downtown. He stated that the Council has tough decisions to make. Mr. Bob Blum: Ms. Jean Blum: Mr. Doug Jacobs: Mr. Loffredo stated that the do the paver project If they Mr. John Davies: Ms. Georgia Cook: Spoke about project being brought back to council at a later time. The issue Is a beautification Issue. Suggested getting rid of street sweeper to fund the paver project. Council could borrow the funds to so desire. FOCUS is not a one Issue group. Spoke about dividing the resources available to the Village. Improving Miami Shores will make more demand for the Shores and assessments will rise. Mr. Brian Gart: The aim of FOCUS is to bring to light the views of Miami Shores In the outside world. Mayor Johnson reviewed the points of Ms. Robin Gart's presentation. Mr. Loffredo spoke about the setting of the mitlage rate. He stated that there Is an additional source of Income using the money from the Country Club. Mr. Spahn moved that Item *15 on the agenda be moved up to the next Item. Mr. Cook seconded the motion and the vote was unanimous in favor. ITEM *15 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, REPEALING SECTIONS 19-61 THROUGH 19-64 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; ABOLISHING THE DOWNTOWN REVITALIZATION BOARD HERETOFORE ESTABLISHED BY ORDINANCE NO. 473-85; PROVIDING EFFECTIVE DATE. Second Reading. Mayor Johnson read the caption of the ordinance. Mr. Spahn moved approval. Mr. Cook seconded the motion. Mr. Spahn stated that the work of the board will be performed In a more contemporary way. Jean Blum: Concerned with the board being sunset before a new committee is formed to replace it. Mayor Johnson stated that he doesn't want the DRB members to feel that their efforts were not appreciated. He stated that their efforts will be continued. Mr. Loffredo spoke about the history of the DRB. He also spoke about the current safe atmosphere downtown. The vote was unanimous in favor. Mayor Johnson called for a recess at 9:24 pm. The meeting was reconvened at 9:35 pm. ORDINANCES - FIRST READING ITEM *9 AN ORDINANCE AMENDING SECTION 516 OF MIAMI SHORES ZONING ORDINANCE NUMBER 270 BY ADDING THERETO A BASKETBALL GOAL AS AN ACCESSORY BUILDING; DEFINING BASKETBALL GOALS AND HEIGHTS THEREOF; LIMITING NUMBER, LOCATION, DIMENSIONS, COMPOSITION AND COLOR THEREOF; REQUIRING ANCHORAGE THEREOF; REQUIRING PERMIT FOR CONSTRUCTION AND MAINTENANCE THEREOF; AMORTIZING NON -CONFORMING STRUCTURES; EXEMPTING BASKETBALL GOALS FROM REGULATION OF ACCESSORY BUILDINGS AS SET FORTH IN SCHEDULE OF REGULATIONS BEING A PART OF ARTICLE IV OF SAID ORDINANCE NUMBER 270; PROVIDING EFFECTIVE DATE. First Reading. Mayor Johnson read the caption of the ordinance and Ms Macdonald reviewed the background and recommended approval. Mr. Spahn moved approval and Mr. Loffredo seconded the motion. Mr. Doug Jacobs: In favor of ordinance and urged passage. Mayor Johnson Inquired about location of basketball Mr. Fernandez replied. The vote was unanimous in favor. oais and ITEM *10 AN ORDINANCE AMENDING SECTION 225 OF MIAMI SHORES VILLAGE ZONING ORDINANCE NUMBER 270 EXPANDING LIST OF PERMITTED ROOFING MATERIALS; REQUIRING PLANNING AND ZONING BOARD APPROVAL FOR CHANGE FROM EXISTING ROOFING MATERIALS; PROVIDING EFFECTIVE DATE. First Reading. Mayor Johnson read the caption of the ordinance. Ms. Macdonald reviewed the background and recommended approval. Mr. Spahn so moved. Mr. Cook seconded the motion and Mayor Johnson explained the ordinance. The vote was unanimous in favor. ITEM *11 AN ORDINANCE AMENDING SECTION 6-7(d) (1) OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; REQUIRING APPLICATION AND DEPOSIT TO COVER COST OF CONSULTANT WHEN CONCURRENCY REVIEW REQUIRED BY THE PROVISIONS OF SECTION 906, MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270; REQUIRING ADDITIONAL PAYMENT IN THE EVENT INITIAL DEPOSIT IS INADEQUATE; PROVIDING EFFECTIVE DATE. First Reading. Mayor Johnson read the caption of the ordinance. Ms. Macdonald explained the ordinance and recommended approval. Mr. Courtney moved approval and Mr. Spahn seconded the motion. Mr. Terre) Chambers: Spoke about the fee to do a concurrency study. The vote was unanimous In favor. ORDINANCES - SECOND READING ITEM *12 AN ORDINANCE AMENDING SECTION 21-31 OF THE CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA BY IMPOSING UTILITY TAX UPON METERED AND BOTTLED WATER; PROVIDING EFFECTIVE DATE. Second Reading. Mayor Johnson read the caption of the ordinance. Ms. Macdonald reviewed the background and spoke about taxing bottled water. She recommended striking bottled water from the ordinance and recommended approval. Mr. Courtney moved that the Council adopt the ordinance as read and strike the word bottled water from the language of the ordinance. Mr. Cook seconded the motion and the vote was unanimous in favor. ITEM *13 AN ORDINANCE AMENDING SECTION 3-17, SECTION 3-19 AND SECTION 3-22 OF ARTICLE II, CHAPTER 3 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; REDEFINING ALARM BUSINESS; ADDING DEFINITION OF ALARM PERMIT; PROHIBITING ALARM SYSTEMS WITHOUT PERMIT; ESTABLISHING ALARM PERMIT FEE; PROVIDING MEANS FOR REVOCATION OF ALARM SYSTEM PERMIT; ESTABLISHING EFFECTIVE DATE. Second Reading. Mayor Johnson read the caption and Ms. Macdonald reviewed the background of the ordinance. She also stated that response of the police to alarms Is not tied to the permit process. Mr. Spahn moved approval and Mr. Cook seconded the motion. Mr. Loffredo spoke about the number of false alarms that the police have to deal with. Mr. Mike Boyle suggested having a fine for all false alarms. Mr. Courtney suggested charging $20.00 for every false alarm. Mr. Loffredo stated that many alarms go off due to faulty installation. Mr. Spahn stated that to answer alarms Is an extra service and that the ordinance is fair. Mr. Fernandez spoke about what constitutes a false alarm. Ms. Macdonald stated that it is Important to register alarms so the police know who to contact. Mr. Cook spoke about what is fair in trying to recoup expenses to serve the community. Mr. Ed Harrigan spoke about the police getting acqualnted with the residents. Mr. Courtney suggested having the Village Manager Investigate charging $20.00 per call that Is invalid. He stated that the charge might cut down on false alarms. Mayor Johnson stated that a person with an alarm Is getting additional services. He said that fining people for false alarms Is more equitable. Mr. Loffredo moved to table the Issue until staff has a chance to report back after further study. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *14 AN ORDINANCE AMENDING SUB -PARAGRAPHS (e)(1), (f)(1), and (g)(1) OF SECTION 6-7, OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, PERTAINING TO FEES FOR PLUMBING, ELECTRICAL AND MECHANICAL PERMITS, RESPECTIVELY, BY INCREASING SAME; ADDING THERETO PARAGRAPH (1) TO SAID SECTION ESTABLISHING CHARGE FOR NOTARY SERVICE; PROVIDING FOR EFFECTIVE DATE. Second Reading. Mayor Johnson read the caption of the ordinance. Ms. Macdonald reviewed the background and recommended approval. Mr. Courtney moved for approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *16 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *17 COUNCIL COMMENTS Mr. Cook spoke about voting In today's election. Mayor Johnson thanked FOCUS for their efforts. ITEM *18 PUBLIC COMMENTS Mr. Ed Harrigan: Mr. Tom Wyman: Mr. Richard Fernandez: Mr. Bob Blum: Mr. Doug Jacobs: Spoke about supplying funds for the theater. Protested the recent Council action regarding street closures. Spoke about ordinance books for the P&Z Board. Spoke about the grant for the theater. Spoke about welcome signs at the borders of Miami Shores. ITEM *19 ADJOURNMENT. The meeting was adjourned at 10:45 pm. Attest: Gall Macdonald Village Clerk 6y: Scott W. Davis Deputy Village Clerk Steven Jo on Mayor PAbz, FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME—MIDDLE NAME _ / !AILING ADDRESS / 5S .2 Ces c do/2j ¢" 7- 'TY/ COUNTY %-i/.4 -777/ 6`i •2C.S .04 THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: IaCITY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE DATE ON WHICH VOTE OCCURRED S� 7` 3 /9 �/ NAME OF BOARIY, COUNCIL, CO4MISSION, AUTHORITY, OR COMMITTEE 7."0"7 ///f/ �O�NSC/ NAME OF POLITICAL SUBDIVISION OR STATE AGENCY �i i -O � , �Sh � � � _r 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 faced 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: (a) PRIOR TO THE VOTE BEING TAKEN by publicly 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. I, the undersigned local public officer, hereby disclose that on �74`l0 , 19 L ) 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 1 am retained. CE FORM 4- REV. 1084 PAGE 1 (b) The measure on which I abstained and the nature of my interest in the measure is as follows: 0 474- 3 /7 Date File 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 Part 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 1 am retaine (b) The measure on which 1 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 (15) 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 if 112.317 (1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 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 U.000. CE FORM 4- REV. 10-84 PAGE 2 FORM 4 MEMORANDUM OF VOTING CONFLICT LAST -NAME—FIRST NAME—MIDDLE NAME LUNG ADDRESS M l'ot i S i�1� O c' cis42 04e; COUNTY THE BOARD. COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON WHICH I SERVE ISA UNIT OF: CITY O COUNTY 0 OTHER LOCAL AGENCY 0 STATE DATE ON WHICH VOTE OCCURRED /3/�d "fi BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE V'1 l l ad° e- Co ut v' c ; NAME OF POLITICAL SUBDIVISION OR STATE AGENCY c<io Ps V 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 faced 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 r 'ficial 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: (a) PRIOR TO THE VOTE BEING TAKEN by publicly 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. I, the undersigned local public officer, hereby disclose that on --52/19 r;� e ` ' 19 41 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 1 am retained. 91V - CE FORM 4- REV. 1084 PAGE (b) The measure on which I abstained and the nature of my interest in the measure is as follows; clevrAs oz-zirtaliael. 7e- oe--6-7t& ,yam / -vrtza.1,77- /at 1/4 -vie( Date Filed Signature Please see PART C for instructions on when and where to file this form. PART 13 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 Part 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 1 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 (15) 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 1112.317(19831 A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 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 85.000. CE FORM 4- REV. 10-84 PAGE2