Loading...
01-05-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JANUARY 5, 1993 The regular meeting of the Miami Shores Village Council was held on January 5, 1993, at the Miami Shores Village Hall commencing at 7:35 p.m. with the following members present: Mayor Steven Johnson Henry T. Courtney Herb Spahn Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann Mayor Johnson presented Certificates of Award to the following winners of the Holiday Home Decorating Contest: John Arthur Nancy Gonzalez Patrick Heffernan Robert Sweisberger Family Archie Thornton ITEM *1 MINUTES Mr. Loffredo moved approval of the minutes from the Regular Council meeting of 12/15/92. Mr. Spahn seconded the motion. Mr. Cook asked that item *6 be amended to reflect that he was concerned with the problems Incurred by raising the millage rate. The vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meeting: Recreation Advisory Board 12/14/92 ITEM * 2 REQUEST FOR AUTHORIZATION TO AWARD BID FOR POOL HEATER. Ms. Macdonald stated that $6,160 was budgeted for the project and that the low bid was $5,600 from Beach -O -Rama. She recommended awarding the bid to the low bidder. Mr. Loffredo moved to adopt the low bid submitted by Beach -O -Rama for $5,600 for the pool heaters. Mr. Spahn seconded the motion and the vote was unanimous in favor. Mr. Cook left the meeting at this time. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI SHORES PERFORMING ARTS THEATER MATCHING GRANT. Ms. Macdonald reviewed the background. Mr. Spahn moved to table the Item until the next meeting to review the January Budget Review. Mr. Steve Kirkland, General Manager of the Theater, stated construction will be completed by the first of February. Mr. Spahn withdrew his motion. Mr. Courtney arrived at this time. Mr. Loffredo moved to award the matching grant for the Shores Performing Arts Theater in the amount of $5,000. Mr. Spahn seconded the motion and the vote was unanimous In favor. Mayor Johnson called for a recess at 8:46 p.m. The meeting reconvened at 8:48 p.m. with Mr. Cook in attendance. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING COUNTY ACTION ON FIRE STATION WITHOUT ANY FORMAL NOTICE TO THE VILLAGE. Mayor Johnson passed the gavel to Mr. Cook. Mayor Johnson reviewed the background and stated that he supports the need for a new station; however, he objects to the proposed location. He stated that he is concerned with the way the County handled this protect with regard to formal notice to the Village. He asked that the Council formally protest that action based simply upon the Village not receiving formal notice either through resolution or by directing the VIIIage Manager to draft a letter. Mr. Loffredo stated that he understood that the Council approved the request by the County Fire Department to purchase the land at a previous meeting. He stated that It was his understanding that the Council left the County with the impression that they had the Council's direction and authority to purchase the land. Mr. Spahn stated that he has the same recollection as Mr. Loffredo and that the Council should not make It difficult to get what the residents of Miami Shores need, a new fire station. Mayor Johnson stated that the minutes reflect that no formal action was taken. Mr. Courtney stated that he has the same recollection as Mr. Loffredo and Mr. Spahn and that he was concerned with delaying County action on the project. Mr. Cook suggested a polite letter be sent to the County that Miami Shores is Interested in the Fire Station and that the Village be kept Informed of the progress. Mr. Courtney suggested Council should not send a letter; however, Mr. Johnson can send a letter as a private citizen. Mayor Johnson stated that the Council Is missing the point that the County took significant action and the Village was not notified in advance. Mr. Cook passed the gavel back to Mayor Johnson. ITEM *5 REQUEST TO AMEND MINUTES OF THE 9/1/92 REGULAR COUNCIL MEETING. Ms. Macdonald reviewed the background and requested to amend the minutes to reflect the conversation regarding the Manager's notification to the Council about the Village employing outside contractors to help with the Hurricane clean up. Mr. Courtney so moved. Mr. Spahn seconded the motion . Mr. Loffredo stated that he had strongly recommended to the Village Manager to reset trees knocked over so that they did not have to be disposed of. The vote was unanimous In favor. ITEM *6 DISCUSSION REGARDING PROPOSED REOCCUPANCY ORDINANCE. Ms. Macdonald reviewed the background and recommended the N. Miami fee schedule be adopted, $50 for inspection and $25 for reinspection. She stated that legal questions have arisen regarding If the Inspectors see other violations in the home can the owners be cited. Mr. Fann indicated that inspectors should cite the homeowners if a violation of Village Codes Is seen. He also stated that the validity of the Ordinance has not been tested. Mr. Loffredo stated that the Village may be sued regarding the definition of Family In our. Codes. He stated that the ordinance will address conversions of properties from single use to multifamily use. He also stated that the Village neeas enrorcemenL "cool* ina are reasonable. wrr. %.vvx szazea that at the Code Enforcement Workshop the Council liked the Idea of a reoccupancy ordinance with an educational program to prevent violations. Mr. Fann stated that the ordinance Is not a cure all; however. It will be a tool. Mayor Johnson stated that questions arise whether the Village will be able to enforce the ordinance and will it help solve the problem of multi family use of a single family home. Ms. Susie Lawson Has not yet seen a home with two kitchens and has seen many homes In the Shores. Mr. Terrell Chambers: Suggested using a search warrant Instead of passing the ordinance. Ms. Betty Lasch: We don't have a problem In the Shores. Realtors must now let buyer know If home has a zoning problem. Mr. Charlie Smith: There are homes near his residence being used for multi families. Ordinance will not solve the problem. Mr. Fann stated that brokers may be In opposition to the ordinance because they may be liable if they do not disclose that there is a law against multifamily use of a single family home. Mr. Spahn stated that there are other problems in homes other than multi kitchens and the ordinance will address the problems. Mr. Loffredo stated that the ordinance Is the direction that the Council needs to go In. Mayor Johnson stated that the Council Is not ready to advertise the ordinance for the next Council meeting. Mr. Cook stated that he would like to continue to pursue the ordinance. He reviewed the Code Enforcement process and stated that Code Enforcement Officers cannot enter homes to do interior inspections. Mr. Mike Boyle: Spoke about realtors outside the Shores promoting the homes In the Shores for illegal uses. Mr. Richard Fernandez: Asked about legal Issues inside of properties. Mr. Spahn suggested sending the ordinance to P&Z to have a hearing. Mr. Loffredo stated that he was In favor of sending the ordinance to P&Z. The consensus of Council was to send the ordinance to P&Z for their review and to have it come back to Council as soon as possible. ITEM *7 REQUEST TO AMEND COUNTRY CLUB LEASE IN ORDER TO PROPERLY REFLECT LEGAL DESCRIPTION OF DEMISED PROPERTY AND RECAPTURED FIVE ACRES. Ms. Macdonald reviewed the background and stated that the language In the agreement Is the language from the original lease. She recommended that the Council authorize the Village Manager to execute the agreement. The following Is the proposed language. 3. Use of Additional Parcel by Landlord. Landlord reaffirms Its covenants In Section 23.02 of the Lease not to use the Additional Parcel, In whole or in part, as a golf course or tennis club, or for any other use that materially adversely affects the operation of or Income from the Demised Premises. Landlord, as provided in Section 23.02 of the Lease, makes the following RESTRICTIVE COVENANTS CONCERNING THE USE OF THE ADDITIONAL PARCEL: DURING THE LEASE TERM, AS SAME MAY BE EXTENDED UNTIL FEBRUARY 28, 2015, THE ADDITIONAL PARCEL MAY NOT BE USED OR IMPROVED, IN WHOLE OR IN PART, AS A GOLF COURSE, TENNIS CLUB OR FOR ANY OTHER USE THAT WOULD MATERIALLY ADVERSELY AFFECT THE OPERATION OF OR INCOME FROM THE MIAMI SHORES COUNTRY CLUB. Mayor Johnson reviewed how he wanted the language to read. He suggested deleting everything after the word premises In line 6. The new language would read. 3. Use of Additional Parcel by Landlord. Landlord reaffirms Its covenants In Section 23.02 of the Lease not to use the Additional Parcel, in whole or In part, as a golf course or tennis club, or for any other use that materially adversely affects the operation of or Income from the Demised Premises. Mr. Fann stated that the language was not deleted because Mr. Stone, attorney for PCM, will not agree. He stated that the language is redundant and that he has no objection to the language. Mr. Loffredo stated that the language broadens the restrictions on the property. Mr. Spahn moved to pass the second amendment to the agreement with the following language for section *3: 3. Use of Additional Parcel by Landlord. Landlord reaffirms Its covenants In Section 23.02 of the Lease not to use the Additional Parcel, In whole or in part, as a golf course or tennis club, or for any other use that materially adversely affects the operation of or Income from the Demised Premises. Mr. Loffredo seconded the motion. Mr. Cook stated that he was concerned with the words "adversely affects the operation of or income from the demised premises." The motion carried unanimously. ITEM *8 APPOINTMENT OF VILLAGE CLERK. Mr. Fann reviewed the background and stated that he had recommended to the Village Manager to resign as Village Clerk and for the Council to appoint a successor. Ms. Macdonald submitted her resignation and suggested the Deputy Clerk, Scott Davis, fill the position. Mr. Spahn stated that Mr. Davis will report directly to the Council on Clerk Issues and to the Village Manager on personnel matters. Mr. Spahn moved to accept Ms. Macdonald's resignation as Village Clerk and to appoint Mr. Scott Davis as Village Clerk reporting directly to the Village Council and to have him retain his duties as Personnel Director and to report to Ms. Macdonald In that capacity. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *9 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *10 PUBLIC COMMENTS Mr. Ed Harrigan: Mr. Terrell Chambers: Mr. Brian Smith: Spoke about not putting any more funds Into the theater and the use of forfeiture funds. Spoke about the police presence at the Theater. Concerned with the Village's financial position and expending funds at the theater and not having it discussed at the budget hearings. ITEM *11 COUNCIL COMMENTS Mr. Spahn spoke about painting of the barricade barrels and the financial situation at the Club. Mr. Courtney stated that he was pleased that the Council Is supporting the Arts. Mayor Johnson spoke about government support of the arts. ITEM *12 ADJOURNMENT The meeting was adjourned at 9:40 p.m. Steven J•,'nson, Mayor Scott W. Davis Village Clerk