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10-01-1991 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING OCTOBER 1, 1991 The regular meeting of the Miami Shores Village Council was held on Tuesday, October 1, 1991, at the Miami Shores Village Hall commencing at 7:34 p.m. with the following members present: Also present: Absent: Mayor Johnson Robert Cook Herb Spahn Stephen Loffredo Gall Macdonald William F. Fann Henry T. Courtney The invocation was delivered by Reverend Clifford Horvath from The Episcopal Church Of The Resurrection. ITEM *1 PRESENTATION OF NATIONAL NIGHT OUT AWARD Ms. Candy Larson presented the award to Chief Zoovas for an outstanding National Night Out In Miami Shores. ITEM *2 PRESENTATION OF MUNICIPAL CLERK CERTIFICATION TO DEPUTY VILLAGE CLERK, SCOTT DAVIS. certification. Mayor Johnson presented the ITEM *3 PRESENTATION OF SLIDE SHOW OF DOWNTOWN PROJECTS. Ms. Barbara Witte and Ms. Katie Salow presented the slide show. ITEM *4 PRESENTATION OF CERTIFICATES OF APPRECIATION TO FORMER DOWNTOWN REVITALIZATION BOARD MEMBERS AND STAFF. Mayor Johnson presented the certificates. ITEM *5 MINUTES Mr. Spahn moved approval of the minutes from the Regular Council Meeting of 8/20/91 and Mr. Loffredo seconded the motion. Mr. Cook asked that the main paragraph be changed to reflect that he raised the Issue to Council whether the street closure program be brought back to the public for a vote. The vote was unanimous In favor. Mr. Loffredo moved approval of the minutes from the 9/3/91 Regular Council meeting. Mr. Spahn seconded the motion and the vote was unanimous In favor. ed approval of the minutes from the Special MCouncilr. fMeetingredo ovof 9/11/91. Mr. Cook seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Committee 8/12/91 Country Club Advisory Board 8/28/91 Historic Preservation Board 8/19/91, 9/16/91 Code Enforcement Board 9/6/91 Planning and Zoning Board 8/8/91 ITEM *6 MIAMI SHORES VILLAGE APPOINTMENTS. Ms. Macdonald a. Advisory Board on Handicapped Services (2) This item was deferred to a later meeting due BOARD, COMMISSION AND COMMITTEE to a lack of applicants. b. Beautification Advisory Committee (3) Mr. Loffredo moved to defer this item until further applicants can be sought. Mr. Cook seconded the motion and the vote was unanimous in favor. c. Code Enforcement Board (2) Applicants spoke on their own behalf and Ms. Margaret Burch and Mr. John Patnick were appointed by paper ballot. d. Country Club Advisory Board (3) Applicants spoke on their own behalf and Mr. Joseph Schwartz, Ms. Agnes Aspinall and Mr. Richard Thorton were appointed by paper ballot. e. Fine Arts Commission (3) Applicants spoke on their own behalf and Ms. Donna Baxter, Ms. Susie Lawson and Ms. Lillian Walls were appointed by paper ballot. f. Historic Preservation Board (2) Mr. Loffredo moved to appoint Mr. Warren von Bittner and Ms. Margarita Courtney to the Historic Preservation Board. Mr. Cook seconded the motion and the vote was unanimous In favor. g. Pension Board (2) Mr. Joseph Charles spoke on his own behalf. Mr. Loffredo moved to defer the appointment until more applicants can be obtained for the appointments to the Pension Board at a later meeting. Mr. Cook seconded the motion and the vote was unanimous In favor. h. Planning and Zoning Board (2) Applicants spoke on their own behalf. Mr. Cook asked each applicant, who was not an Incumbent, how many P&Z meetings they have attended; how long they have been a resident and their experience In reading blue prints and specifications. Mr. Richard Fernandez, Mr. Larry McClure and Mr. Cliff Walters were appointed by paper ballot. 1. Recreation Advisory Board (3) Mr. Gary Pappas spoke on his own behalf and Mr. Brian Gart spoke for his wife Robin. By paper ballot Mr. Joseph Frechette and Mr. Gary Pappas were appointed to the board. Mr. Loffredo moved to defer the final appointment. Mr. Spahn seconded the motion and the the vote was unanimous In favor. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI SHORES PERFORMING ARTS THEATER REQUEST FOR MATCHING FUNDS. Mr. Loffredo Introduced the Item and reviewed the background. Mr. Cook asked Mayor Johnson to vote on the item. Mayor Johnson explained his past abstentions. He hi position In the theater and stated that heowas iandavidssuppt porer of the theater and that he would vote so the grant would not be lost. Mr. Loffredo moved to approve the request for the grant for the Performing Arts Theater matching funds. Mr. Spahn seconded the motion and the vote was as follows: Loffredo - Yes Spahn - Yes Johnson - Yes Cook - No The motion carried. ITEM *8 A RESOLUTION PROVIDING FOR THE ACQUISITION OF EQUIPMENT AND CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS TO BE UTILIZED BY MIAMI SHORES VILLAGE, FLORIDA; AUTHORIZING THE ISSUANCE BY THE VILLAGE OF NOT EXCEEDING $443,782 CAPITAL IMPROVEMENT REVENUE BONDS TO FINANCE THE COST THEREOF; PLEDGING TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS A PORTION OF CERTAIN PUBLIC SERVICE TAX REVENUES; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; DESIGNATING THE BONDS FOR QUALIFION PURSUANT TO SECTION 265 (b) (3) OF THE INTERNAL REVENUEICATCODE; AND PROVIDING AN EFFECTIVE DATE. Mayor Johnson read the caption of the resolution. Ms. Macdonald explained the background and recommended passage of the resolution. Mr. Loffredo moved approval. Mr. Spahn seconded the motion. Mr. Cook asked If the bond issue has to go before the voters. Ms. Macdonald replied no. The vote was as follows: Loffredo - Yes Spahn - Yes Johnson - Yes Cook - No The motion carried. ITEM *9 DISCUSSION REGARDING PROPOSED BURGLAR ALARM ORDINANCE Ms. Macdonald explained the background and recommended that the permit fee system with a new schedule of penalties be as follows: 4th Alarm $50 5th Alarm $60 6th Alarm $7O 7th Alarm $80 8th Alarm $100 9th Alarm $150 10th Alarm $200 11th Alarm $750 Mr. Spahn stated that the proposed ordinance puts an undue burden on commercial establishments. Mr. Loffredo suggested a 2 phase ordinance, one for residential and one for commercial. Mr. Cook spoke about a clear definition of a false alarm and suggested a clearer definition In the new ordinance. Mr. Spahn described the Village's present system of defining a false alarm. Mr. Mike Boyle spoke about government at it's grass roots. He also spoke about the unfairness of homes with alarms paying for the cost of false alarms and spoke In favor of the proposed ordinance. Mayor Johnson suggested proceeding with the proposed ordinance and having P&Z look at the definition of a false alarm at a later time. Mr. Joe Charles: Suggested banning cheap alarm systems from the Village Mr. Cliff Walters: Asked Council to grant discretion to the Code Enforcement Board regarding multiple false alarms In a 24 hour period. Mr. Spahn stated that the definition Issue should be sent to P&Z at a later time. ITEM *10 DISCUSSION REGARDING PROPOSED B1 USAGES ORDINANCE Ms. Macdonald reviewed the background. Mr. Fernandez reviewed the approved and prohibited uses in the B1 district. Mr. Spahn inquired as to why the theater Is not Included In the approved uses. Mr. Fernandez replied that the present theater was grandfathered in. Ms. Barbara Witte stated that gas stations are prohibited because of County regulations regarding waste water discharge. Mr. Brian Gart: Spoke about book stores definition being overly broad. He stated that there are many fine book stores that would be an asset to the Shores. Mr. Tom Laubenthal spoke aboutwhybookstores are prohibi in the B1 district. Mr. Cook stated that the issue hasbeenewith the P&Z Board for a long time and the decisions have been well thought out. Ms. Betrice Shandler: Asked about the prohibition of Video Stores. Mr. Fernandez responded that the issue Is similar to the book store Issue In that the material in the store cannot be controlled. Mr. Prospero Herrera Inquired about bible book stores. He was told they would not be allowed. There was a consensus of Council to remove guns and ammunition from approved uses. There was also a consensus to remove vending from the prohibited uses. Mayor Johnson suggested a tentative ordinance be drafted and reviewed by P&Z before It comes before Council. ITEM *11 AN ORDINANCE AMENDING SECTIONS 18-16 AND 18-18 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; ESTABLISHING TERMS CERTAIN FOR MEMBERS OF THE PERSONNEL APPEALS BOARD; LIMITING MEMBERS TO ONE REAPPOINTMENT; REDUCING QUORUM TO THREE MEMBERS; PROVIDING EFFECTIVE DATE. First reading, Mayor Johnson read the caption of the ordinance and Ms. Macdonald explained the background and recommended approval. Mr. Spahn suggested as an amendment to the ordinance: No Tess than once per fiscal year the board should meet In a training session to discuss recent legislation regarding personnel Issues. Mr. Cook moved to adopt the ordinance as amended. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *12 AN ORDINANCE AMENDING SUB-SECTION (b) OF SECTION 18-47 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; PROVIDING OPTION TO VILLAGE MANAGER, VILLAGE CLERK, AND VILLAGE ATTORNEY TO EXCLUDE THEMSELVES FROM MEMBERSHIP OF THE MIAMI SHORES VILLAGE PENSION PLAN; PROVIDING EFFECTIVE DATE. Mayor Johnson read the caption of the ordinance and Ms. Macdonald reviewed the background. She stated that the Item is on the agenda to correct an error that occurred In the past and recommended approval. Mr. Spahn moved approval. Mr. Loffredo seconded the motion and the vote was unanimous in favor. ITEM *13 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *14 COUNCIL COMMENTS Mr. Spahn spoke about the bond Issue regarding the theater on the past ballot and the current grant for the theater Mr. Cook spoke about President Bush and Jeb Bush at the Beacon Council meeting and the Team Miami concept. Mr. Loffredo stated that he was impressed with the qualifications of the board applicants. Mayor Johnson also commented on the quality of the applicants. ITEM *15 PUBLIC COMMENTS Mr. Prospero Herrera: Spoke about painting of walls on 95th Street. Mr. Brian Gart: Spoke about the Mayor voting on the Mr. Pat Duffy: theater Issue. Spoke about some of the functions of the DRB being taken over by the Chamber of Commerce and a committee developed by the Chamber and the Village. ITEM *16 ADJOURNMENT The meeting was adjourned at 10:57 pm. Steven nson Mayor Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk