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09-25-1991 Special MeetingMIAMI SHORES VILLAGE SPECIAL COUNCIL MEETING SEPTEMBER 25, 1991 The Special meeting of the Mlaml Shores Village Council was held on Wednesday, September 25 1991, at the Miami Shores Village Hall commencing at 7:34 p.m. with the following members present: Henry T. Courtney Robert Cook Herb Spahn Stephen Loffredo Also present: Tom Benton William F. Fann Absent: Mayor Johnson Gall Macdonald Mr. Cook was Acting Mayor in Mayor Johnson's absence. Dade County Commissioner Mary Collins presented a framed poster to the Council for Miami Shores participation in the Welcome Home Troops parade. SECTION l: FINAL PUBLIC HEARING ON FISCAL YEAR 1992 BUDGET Mr. Cook read into the minutes the following statement: IN ACCORDANCE WITH FLORIDA STATUTE 200.065, THE FIRST SUBSTANTIVE ISSUE TO BE DISCUSSED TONIGHT SHALL BE THE PERCENTAGE INCREASE IN MILLAGE OVER THE ROLLED -BACK RATE. THE CITY COUNCIL HAS TENTATIVELY ADOPTED A BUDGET OF $7,150,054 SUPPORTED BY A MILLAGE OF 7.99 WHICH IS 3.43% INCREASE OVER THE ROLL -BACK RATE. AT THIS TIME, I WILL ENTERTAIN DISCUSSION FIRST FROM THE VILLAGE COUNCIL AND THEN FROM THE PUBLIC REGARDING THE TENTATIVE MILLAGE RATE AND/OR THE PROPOSED GENERAL FUND BUDGET. There were no Council comments regarding the budget at this time. ITEM *1 PUBLIC DISCUSSION OF BUDGET Mr. Brian Smith: Spoke about cross walk Ms. Pauline Averitte: pavers. Spoke about the Fine Arts Commission. Mr. Jim Condlt: Spoke about borrowing money for cross walk pavers. Mr. Scott Henderson: Spoke about the pool hours and a decline In the Recreation Department. Mr. John Davies: Spoke about funding for the the benefit of the pavers and Ms. James Abdella: paver program. Spoke about the safety of the pavers. Ms. Betty Zern: Council should be cautious with the Village's funds and the Council should not borrow funds for the paver project. Mr. Bob Blum: Ms. Betty Jensen: Mr. Mark Piper: Ms. Victoria Smith: Ms. Barbara Witte maintenance free. Mr. Don Clippinger: Mr. Don Alton: Mr. Brian Gart: Mr. Jerry Lance: Ms. Jean Blum: Spoke about the decision of the paver protect. Spoke about elimination of Village positions and borrowing of funds for cross walk pavers. Spoke about the decision to fund the cross walk project. Asked about the maintenance of the cross walk pavers. stated that the pavers last 25 years and are Mr. Spahn spoke about the cross walk pavers. have a better positive Spoke about tearing up the pavers to put In sewers on Second AVenue. In favor of the paver protect. Miami Shores Is moving forward to look better. Spoke about the maintenance of pavers. In favor of the paver project, will raise property values of the downtown area. the long term cost of borrowing funds for Mr. Courtney stated that the Shores must Image. ITEM *2 A RESOLUTION FIXING THE FINAL MILLAGE RATE FOR 1992 TAX LEVY OF MIAMI SHORES VILLAGE. Mr. Courtney moved to adopt the resolution fixing the final miltage rate for the 1992 tax levy of Miami Shores Village as contained In the resolution on the agenda. Mr. Loffredo seconded the motion. Mr. Cook stated that he was not opposed to the crosswalk pavers; however, he was opposed to borrowing funds for the protect. The vote was as follows: Courtney - Yes Loffredo - Yes Spahn - Yes Cook - No ITEM *3 AN ORDINANCE ADOPTING THE MIAMI SHORES VILLAGE ANNUAL BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1991. Final Reading Mr. Benton read the caption and the body of the ordinance. Mr. Courtney moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. SECTION II: ITEM *1 DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI SHORES PERFORMING ARTS THEATER REQUEST FOR MATCHING FUNDS. Mr. Benton Introduced the Item and stated that It Is Ms. Macdonald's recommendation to approve the grant. Mr. Spahn reviewed the history of the grant request and moved to approve the grant as previously agreed with the County In the amount of $14,819.50; however, when the check Is cut to reduce $2139.97 from that number to pay the garbage fees owed to the Village. Mr. Loffredo seconded the motion and stated that It Is prudent finance to get funds owed to the village. Pat Dahne: Grant Is for construction and asked that the grant be made In the full amount. Mr. Loffredo stated that the garbage bill must be paid and offered the following amendment: No funds shall garbage bill is paid. Mr. Spahn accepted Mr. Lloyd Smith: Asked about a fl theater. Spoke about a fund raiser musical at the theater. Urged Council to pass the grant. Spoke about SPATS group and urged the Council to keep the grant Intact. Stated that the theater needs public and private funds. Spoke about SPATS fund raisers. Asked where the grant matching funds are coming from. Spoke about past referendum regarding the theater. Urged support of the grant. The bond Issue on the referendum was very different from the Issue before the Council tonight. Spoke about preventing the Council from borrowing funds. Mr. Jerry Lance: Spoke about the revitalization of downtown. Mr. Spahn stated that the Council should help the theater because It will help Miami Shores. Mr. Loffredo stated that the theater Is a community effort. Mr. Courtney stated that he will abstain from voting because he has donated money in the past to the theater. Mr. Cook stated that government.should not be In the entertainment business. The vote for the motion on the floor was as follows: Loffredo - Yes Spahn - Yes Cook - No Courtney - Abstention The motion failed due to the lack of 3 affirmative votes. Ms. Candy Rengstl: Mr. TF Chambers: Ms. Ann Piper: Mr. Bill Heffernan: Ms. Julie Pettigrew: Mr. Jim Condit: Mr. Ed Harrigan: Ms. Mary Ivy: Ms. Carol Griffin: Ms. Lillian Walls: be released until the the motion. nancial report from the ITEM *2 AWARD OF TUB CHIPPER BID Mr. Benton introduced the Item and recommended approval of granting the bid to the low bidder, Municipal Sales and Leasing In the amount of $74,197. Mr. Loffredo moved approval. Mr. Courtney seconded the motion and the vote was unanimous In favor. ITEM *3 REQUEST FOR APPROVAL OF CONTRACT WITH CHAMBER OF COMMERCE TO PREPARE NEWSLETTER. Mr. Benton stated that due to changes in the contract the item Is not ready to be presented to the council and asked that the item be tabled until a later meeting. ITEM *4 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. Second and final reading. Mr. Benton read the caption of the ordinance and stated that staff recommends approval. Mr. Spahn moved approval and Mr. Loffredo seconded the motion. Ms. Lillian Walls: Spoke In opposition to the ordinance. The vote was unanimous In favor. ITEM *5 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. Second and final reading. Mr. Benton read the caption of the ordinance and stated that staff recommends approval. Mr. Spahn moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *6 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. Second and final reading, Mr. Benton read the caption of the ordinance and stated that staff recommends approval. Mr. Loffredo moved approval and Mr. Spahn seconded the motion. Mr. TF Chambers: Asked for figures on consultant fees. Mr. Benton responded. The vote was taken and was unanimous In favor. ITEM *7 ADJOURNMENT The meeting was adjourned at 8:53 pm. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Steven J son Mayor FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME—MIDDLE NAIE 4k UNG ADDRESS / Co ®c✓,�jL,,J/ f DATE ON WHICH VOTE OCCURRED COUNTY ®4J THE BOARD. COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE ISA UNIT OF: leeHI/ITY 0 COUNTY 0 OTHER LOCAL AGENCY 0 STATE 'W BOARD. COUNCIL, COMMISSION, AUTHORITY, �RITY, OR COMMITTEE . -2,17 /A717/ f404," U /40,c_ GvV/IJGe( NAME OF POLITICAL SUBDIVISION OR STATE AGENCY '711 / A },, i 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 2L',19:9�- • I abstained fromvo ing on a matter which (check e): �y i0yy • 409E--<, C� /are xi -3' .//v Use. / e�i Ta J" d'Ar•-t, /�.2) V +t?/ems itfured to my special private gain; or U inured to the special gain of , by whom I am retained. CE FORM 4 - REV. 1484 PAGE 1 (b) The measure on which 1 abstained and the nature /of my interest in the measure is as follows-: 02-S 7i Date Filed 7/e Signatu 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 I 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.112.317 (1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY- BE AYBE 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 55,000. CE FORM 4 - REV. 10-84 PAGE2