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06-02-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 2, 1992 The regular meeting of the Miami Shores Village Council was held on June 2, 1992, at the Miami Shores Village Hall commencing at 7:35 p.m. with the following members present: Herb Spahn Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann Absent: Henry T. Courtney Mayor Johnson Mr. Cook was acting Mayor due to Mayor Johnson's absence. Mr. Cook presented a Certificate of Appreciation to Mrs. Myriene Macera for her volunteer services of translating the Code Enforcement Brochure from English to both Spanish and French. Mr. Cook presented "National Garden Week" proclamation to Ann Vigneron of the Miami Shores Garden Club. ITEM *1 MINUTES Mr. Loffredo moved approval of the minutes from the 5/19/92 Regular Council meeting. Mr. Spahn seconded the motion and the vote was unanimous in favor. Mr. Spahn moved approval of the minutes from the 5/21/92 Special Council meeting. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Mr. Cook acknowledged receipt of the minutes from the following meetings: Pension Board 4/14/92. Historic Preservation Board 5/18/92. Planning and Zoning Board 4/23/92 ITEM *2 REQUEST BY RESIDENTS TO APPROVE AS TO FORM PETITION QUESTIONS. Ms. Macdonald explained that the Issue before the Council at tonight's meeting Is simply the form of proposed petitions. She stated that the petition questions are not in proper form to initiate a referendum because they do not propose the passage or repeal of an ordinance and for that reason they cannot be approved by the Council; however, she also stated that if the petitions are Intended for any other purpose they do not require Council approval. Mr. Spahn spoke about the decision process regarding street closings at previous meetings. Mr. Fann explained that the vote on the question on the 1989 ballot regarding funding for barricades was not mandatory. He also stated that If the petitioner wants it to be mandatory the form has to be In language indicating the precise language to be Included In an ordinancethat does not exist today or amends part of an ordinance that does exist. Mr. Loffredo stated that If the form Is not changed the ballot would be a straw ballot that the Council could Ignore. He stated that the form should be changed so that it would be a binding vote. Mr. Warren von Bittner presented his views on petition questions and stated that it would be appropriate for the Council to approve the wording of the question tonight. Mr. Loffredo told Mr. von Bittner that the ballot question was not binding on the Council. Mr. Fann stated that the questions can be approved In their present form but the Council is not bound by them. He stated that If it Is put In ordinance form Council has no discretion in the matter. Mr. Chris Master asked if the language can be amended on the spot so that it will be binding. Mr. Fann replied that it could If the petitioner can produce the proper language. Mr. Cook reviewed the 1989 ballot question regarding taxes and how it relates to the petitioner's questions. Mr. Spahn suggested that the petitioners take the time to perfect the language and wait to have 5 Councllpersons present. Mr. von Bittner amended his petition question to read as follows SUBJECT TO DADE COUNTY APPROVAL, SHALL AN ORDINANCE BE ENACTED WHICH PROVIDES FOR STREET CLOSURE DEVICES TO BE ERECTED WITHIN THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE ALONG THE EAST SIDE OF NORTH MIAMI AVENUE ON EACH STREET EXCEPT N.E. 95 STREET, N.E. 103 STREET, N.E. 110 STREET, AND N.E. 111 STREET? Mr. Fann stated that the language Is not adequate. Mr. Spahn moved approval of Mr. von Bittner's document as presented. There was no second for the motion and the motion died. Mr. Robert Bell amended his petition question as follows: SUBJECT TO DADE COUNTY APPROVAL, SHALL AN ORDINANCE BE ENACTED WHICH PROVIDES FOR A STREET CLOSURE DEVICE TO BE ERECTED ON THE NORTH AND SOUTH SIDES OF N.E. 103 STREET AT N.E. 1 AVENUE? Mr. Fann stated that the question doesn't meet the language of the charter. Mr. Spahn moved for approval. There was no second for the motion and the motion died. Ms. Trudy Lange amended her petition question as follows: SUBJECT TO DADE COUNTY APPROVAL, SHALL AN ORDINANCE BE ENACTED WHICH PROVIDES FOR A STREET CLOSURE DEVICE TO BE ERECTED ON THE SOUTH SIDE OF N.E. 95 STREET AT N.E. 1 AVENUE? Mr. von Bittner reviewed the language of the Miami Shores Charter. Mr. Spahn moved for approval. There was no second for the motion and the motion died. Ms. Janet Silvagni asked that her petition question be approved as to form not content as amended: SHALL AN ORDINANCE BE ENACTED WHICH PROVIDES FOR ALL STREET CLOSURE DEVICES, WHICH ARE NOT ERECTED ALONG THE BOUNDARIES OF THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE, AS THOSE BOUNDARIES ARE DEFINED IN ART. I, SEC. 3, OF THE MIAMI SHORES VILLAGE CHARTER, BE REMOVED? Mr. Loffredo reviewed the barricades that would need to be removed if the Council complies with this petition. Ms. Sherry Gershman: Stated that the petitioners were not looking for approval of the subject only the form so the petitioners can go out and get signatures. Mr. Bob Martin: Spoke about the straw vote to raise taxes and what barricades would be Installed. Mr. Mike Maguire: Spoke about the Illegality of all barricades. Ms. Noreen Morelli: Stated that the interior barricades were not done fairly. Mr. Cook asked for a motion on the petition and there was none forthcoming. ITEM *3 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE MIAMI SHORES PENSION PLAN; CREATING A NEW SECTION 18-505, MIAMI SHORES VILLAGE CODE, "DISABILITY BENEFITS FOR POLICE OFFICERS"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Ms. Macdonald read the caption of the ordinance and explalned the background. She stated that the penslon contribution will Increase $8,000 per year; however, the Village Is currently paying $8,000 for disability Insurance premium which will be discontinued when the ordinance Is enacted. She recommended approval. Mr. Spahn moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *4 ANNOUNCEMENTS Mr. Cook read the announcements. ITEM *5 COUNCIL COMMENTS Mr. Loffredo spoke about the original petitions for barricades for Phase II. ITEM *6 PUBLIC COMMENTS Mr. Jim Condit: Mr. Mike Maguire: Ms. Lisa Ford: Mr. Mark Sell: Spoke about narrowing 96th Street and the cost of the protect. Spoke about the 3 minute time limit on public comments. Spoke about residents of 96th Street plan for that street. Stated that the agenda wasn't posted over the weekend. ITEM *7 ADJOURNMENT The meeting was adjourned at 8:45 p.m. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk ber E. Cook, Vice Mayor