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