07-07-1992 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
JULY 7, 1992
The regular meeting of the Miami Shores Village Council
was held on July 7, 1992, at the Miami Shores Village Hall
commencing at 7:35 p.m. with the following members present:
Mayor Steven Johnson
Herb Spahn
Stephen Loffredo
Robert Cook
Also present: Gall Macdonald
William F. Fann
Absent: Henry T. Courtney
Mayor Johnson presented "NATIONAL NIGHT OUT" proclamation to
Crime Watch Coordinator Candy Larson.
Mayor Johnson presented Certificate Of Appreciation to Mr. Tom
Beck for his restoration work at Bayfront Park.
ITEM *1 MINUTES
Mr. Cook moved approval of the minutes from the 6/16/92 Regular
Council meeting. Mr. Spahn seconded the motion and the vote was
unanimous In favor. Mayor Johnson acknowledged receipt of the
minutes from the following meeting:
Planning and Zoning Board 6/11/92
ITEM *2 PLANNING AND ZONING ITEM:
a. Request for variance continuance by Dade County School
Board.
Mr. Lubien Introduced the Item and stated that the P&Z Board
dented the request. Ms. Carol Cortez made a presentation
regarding the request for a continuance of the variance. She also
discussed the opening of State School V. Mr. Loffredo asked how
many students are at Miami Shores Elementary. Ms. Cortez
responded that there are 290 at Barry and 1300 at the main site.
Mr. Spahn asked what would happen If the variance was not
continued. Ms. Cortez replied that the kids would go to
neighboring schools. She stated that there Is no room at the main
site for 290 more students. Mr. Spahn moved to extend the
expiration date of the existing variance until August 21, 1993.
Mr. Loffredo seconded the motion. Mr. Cook stated that he was
not in favor of displacing students and proposed not continuing
the variance and forego enforcement until August 1993. Mr. Fann
recommended that the Council act on the request for a variance and
not get Involved In not enforcing Miami Shores laws. Mayor
Johnson stated that for the record Barry University Is requesting
the variance and was In attendance at the meeting. The vote was
taken and was unanimous In favor.
ITEM *3 APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES.
Ms. Macdonald Introduced the Item and stated that there Is one 5
year term and two applicants. Ms. Johnson spoke on her own
behalf. Mr. Tlrreli spoke on behalf of his wife Ms. Norris-
Tlrreil. The vote was taken by paper ballot and was unanimous In
favor of Ms. Norris-Tlrreli with Mr. Loffredo abstaining due to
his business relationship with the Tirrells.
ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING DONATION OF
SURPLUS POLICE VEHICLE TO THE POLICE ACADEMY. Ms. Macdonald
Introduced the Item and recommended that the Council support the
Chief's request for the donation. Mr. Cook moved approval. Mr.
Loffredo seconded the motion and the vote was unanimous In favor.
ITEM *5 REQUEST FOR APPROVAL FOR SERVICE STATION AID TO PERFORM
COST CONTAINMENT ASSESSMENT REPORTS ON POLICE DEPARTMENT AND
PUBLIC WORKS FUEL TANK SITES. Ms. Macdonald Introduced the Item
and recommended that the Council authorize appropriating the
following funding:
$15,119 from the Police Forfeiture Fund for the
Police Department site.
$3,000 interest earnings from the Capital Improvement
Fund for the Public Works site.
Mr. Spahn suggested waiting until the end of the month to see If
funds are available from other sources and not use the capital
Improvement fund. Mr. Loffredo and Mr. Cook agreed with Mr.
Spahn not to use the Capital Improvement Fund. Mr. Spahn moved to
authorize the waver of bid procedures and approve the engagement
of Service Station Aid to commence work on both the Miami Shores
Police Department and Public Works sites. Mr. Loffredo seconded
the motion and the vote was unanimous In favor. Mr. Spahn moved
to authorize the appropriation of $15,119 from the Police
Forfeiture Fund in order to pay for the first containment
assessment report. Mr. Loffredo seconded the motion and the vote
was unanimous in favor. Mr. Spahn suggested delaying until the
first meeting In August the appropriation of the additional $3500.
ITEM *8 REQUEST BY RESIDENTS TO APPROVE AS TO FORM PETITION
QUESTIONS. Ms. Macdonald Introduced the Item and Mr. Cook asked
Mr. Fann if the petition questions are In the proper form. Mr.
Fann replied that they were in the proper form.
a. REQUEST BY SAM GRIFFITH:
AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES
OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION
OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET
CLOSURE DEVICES ALONG THE EAST SIDE OF N.E. 2 AVENUE, ON
EACH STREET SOUTH OF N.E. 95 STREET, ARE DECLARED NECESSARY,
REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF
MIAMI SHORES VILLAGE; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND EFFECTIVE DATE.
Mr. Griffith described his petition question. Mr. Loffredo moved
to approve agenda Item 6.A as to form. Mr. Spahn seconded the
motion and the vote was unanimous In favor.
b. REQUEST BY PATRICIA GISPERT
AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES
OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION
OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT A STREET
CLOSURE DEVICE LOCATED ON THE EAST SIDE OF N.E. 2 AVENUE (SET
BACK TO THE EAST SIDE OF THE ADJACENT NORTH/SOUTH ALLEY), ON
N.E. 100 STREET, IS DECLARED NECESSARY, REASONABLE, AND IN
THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE.
Ms. Gispert described her petition question. Mr. Loffredo moved
to approve agenda item 6.b as to form. Mr. Spahn seconded the
motion and the vote was unanimous In favor.
c. REQUEST BY JANET OETTING
AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES
OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION
OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT A STREET
CLOSURE DEVICE LOCATED ON THE EAST SIDE OF N.E. 2 AVENUE AT
N.E. 105 STREET IS DECLARED NECESSARY, REASONABLE, AND IN THE
BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE.
Ms Oetting described her petition question. Mr. Spahn moved to
approve agenda Item 6.c as to form. Mr. Cook seconded the motion
and the vote was unanimous In favor.
d. REQUEST BY JANET OETTING
AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF
A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET
CLOSURE DEVICES ALONG THE EAST SIDE OF N.E. 6 AVENUE, ON EACH
STREET OR AVENUE ROAD SOUTH OF N.E. 103 STREET AND NORTH OF
N.E. 96 STREET, EXCEPT GRAND CONCOURSE, ARE DECLARED
NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE
RESIDENTS OF MIAMI SHORES VILLAGE.
Ms. Oetting described her second petition question. Mr. Loffredo
moved to approve agenda Item 6.d as to form. Mr. Spahn seconded
the motion and the vote was unanimous In favor.
Mr. Cook moved to place an emergency Item on the agenda:
A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE,
FLORIDA OPPOSING THE ENACTMENT OF A DADE COUNTY ORDINANCE REDUCING
THE VILLAGE SHARE OF CABLE TELEVISION FRANCHISE FEES. Mr. Spahn
seconded the motion and the vote was unanimous In favor. Ms.
Macdonald described the resolution and explained the background.
Mr. Cook moved to pass the resolution of the Village Council of
Miami Shores Village, Florida opposing the enactment of a Dade
County ordlnance reducing the Village share of cable television
franchise fees. Mr. Loffredo seconded the motion and the vote was
unanimous In favor.
Item number 8 was considered next.
ITEM *8 REQUEST FOR APPROVAL TO RETAIN MANAGEMENT ADVANTAGE
CORPORATION TO CONDUCT A COMPLIANCE AUDIT OF FRANCHISE FEE AND
MUNICIPAL PUBLIC SERVICE TAX PAYMENTS. Ms. Macdonald explained the
background and stated that the audits would Include FP&L, Southern
Bell and Storer Cable. She recommended that the Council authorize
the Village Manager to engage Management Advantage Corporation in
order to conduct compliance audits of the specified utility
providers. Mr. Loffredo stated that with the way the contract Is
written the Village may have to pay for the service before the
Village receives any revenue. Ms. Macdonald stated that it was
her understanding that no fees will be paid until the Village
receives the funds. Mr. Fann stated that the contract should be
rewritten to make It clear. Mr. Cook moved to allow the Village
Manager to go forward with the request as long as the contract
language Is cleared up and the points that Mr. Loffredo brought
up are clarified. Mr. Loffredo seconded the motion and the vote
was unanimous In favor.
ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING THE REQUEST FROM
RESIDENTS FOR TRAFFIC REMEDIATION TO 96TH STREET WEST OF 6TH
AVENUE. Ms. Macdonald Introduced the Item and stated that the
beautification package proposed would cost $45,000. She stated
that she Is not In favor of spending $45,000 without a traffic
engineering study at a cost of $8,500. Mayor Johnson suggested
performing a comprehensive traffic study on the main thoroughfares
in the Village. Mr. Ford stated that the suggestions proposed
from his group are without the benefit of professional guidance.
Mr. Cook suggested going back to David Plummer and Assoc. to get a
different price quote for a study. He described a solution to a
traffic problem In Keystone Heights. Mr. Spahn stated that the
Village should know what it wants to accomplish before a study Is
commissioned. Mr. Loffredo stated that he was in favor of going
back to Plummer and Assoc. or having them come to report to the
Council. Mr. Loffredo suggested eliminating truck traffic on 96th
Street per Item *2 on Mr. Benton's memo to Gall Macdonald dated
June 25th. Discussion also ensued regarding *8 on Mr. Benton's
memo concerning changing the name of 96th Street to Shoreland
Boulevard. Ms. Macdonald suggested deferring any action for 3
more Council meetings when the petitions will be back and the
Council will know what areas must be studied. Mr. Mike Weston
spoke about the budget workshops and appropriating of funds for
the study. Mr. Cook explained that the funds are from the street
closure funds and that the funds are available. Mr. Cook moved to
proceed with Item numbers 2 and 8 on Mr. Benton's memo *823, to
Gall Macdonald, dated June 25 1992, Subject: 96th Street West
Traffic Remediation. Mr. Loffredo seconded the motion and the
vote was unanimous In favor.
ITEM *9 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *10 PUBLIC COMMENTS
Thirteen residents spoke about the street closure program.
ITEM *11 COUNCIL COMMENTS
Mr. Spahn spoke about street closures, the reduction In crime and
the budget hearings.
Mr. Cook spoke about mini buses and the fire station.
Mr. Loffredo spoke about little league and the condition in other
areas of the County.
Mayor Johnson apologized for losing his temper at tonights meeting
and about working on the Council.
ITEM *12 ADJOURNMENT
The meeting was adjourned at 10:04 p.m.
Steven Jo sotai, Mayor
Attest: Gall Macdonald
Village Clerk
By: —
Scott W. Davis
Deputy Village Clerk