Loading...
02-02-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 2, 1993 The regular meeting of the Miami Shores Village Council was held on February 2, 1993, at the Miami Shores Village Hall commencing at 7:30 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 ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the Regular Council meeting of 1/19/93. Mr. Loffredo seconded the motion and the vote was unanimous in favor. Mayor Johnson acknowledged receipt of the minutes from the following meeting: Pension Board 1/12/93 ITEM *2 PLANNING AND ZONING ITEM: a. Request for approval of variance to enclose open porch. Alonso Mumford Mr. Lubien introduced the Item and stated that the P&Z Board denied the request. Ms. Bobble Mumford discussed the reasons for her appeal. Mr. Tom Laubenthal spoke about the history of the building and stated that the builder was told that the room could not be enclosed with the configurktion of the proposed plans and that the builder went ahead and built the building as It is now. Mr. Loffredo stated that the owner now Is not the builder and that they are trying to improve their property. Mr. Spahn moved In support of Planning and Zoning that the Council deny the variance requested. Mr. Cook seconded the motion and the vote was unanimous in favor. ITEM *3 REQUEST TO APPROPRIATE FORFEITURE FUNDS FOR PURCHASE OF POLICE VEHICLE REPAIR EQUIPMENT. Ms. Macdonald Introduced the Item and stated that the low bid for the wheel balancer was $4425 and for the Car Lift was $3995 for a total of $8,420. She recommended that the funds be appropriated from the police forfeiture funds. Mr. Courtney moved approval. Mr. Cook seconded the motion and explained the use and source of forfeiture funds. The vote was unanimous In favor. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST BY PCM FOR COUNTRY CLUB RENT ABATEMENT. Ms. Macdonald explained the background. She stated that PCM has requested a 3 month rent abatement for three years totaling $43,185 per year. Mr. Spahn spoke about the financial situation at the Club. He stated that it would be in the best interest of the residents of Miami Shores to help PCM this year to help them get back on track. Mayor Johnson stated that the Council should not get Involved In micro management of the Club and that he was willing to renegotiate the entire lease If PCM feels that things have changed and that they cannot make the business advantageous. Mr. Johnnie Lopinzina stated that the hurricane has had a drastic effect on country clubs in South Florida. He stated that the Club is one of the best in Dade County; however, revenues are down very low this year and that the position of PCM Is not to walk away from the lease but to make it work. He also stated that the hurricane Is becoming a financial disaster that PCM may not be able to overcome. Mr. Cook stated that the Village has partaken in some of the post hurricane costs. He also read portions of the lease agreement. Mr. Fann stated that PCM has no right to insist that the Village give them relief, they are only asking for it. Mr. Cook stated that the Village should live by the lease. Mr. Loffredo spoke about the perception of the public to a landlord who Insisted on taking the rent for a hurricane damaged property. He stated that he has a problem sticking to the terms of the lease. Mr. Cook stated that he Is not trying to drive PCM out. Mr. Courtney stated that he was not in favor of a rent abatement for this year, 93 or 94. He moved to direct the Village Manager to collect the $43,185 which is outstanding deferred rent over a 9 month period beginning March 1, 1993 at a rate of 9 equal Installments. He recommended that no additional Interest or expense be collected on the $43,185. Mr. Cook seconded the motion. Mr. Loffredo suggested that if the Council wants to recapture the $43,185 that the first payment be due 10/1/93 and collect it over the next 9 months. Mr. Laponzina stated that he was shocked and disappointed by the lack of support of the Council. Mr. Spahn stated that the Issue is what is best for the residents of Miami Shores. He reviewed the history of the Club. The vote was taken for the motion on the floor and was as follows: Courtney - Yes Cook - Yes Johnson - Yes Loffredo - No Spahn - No The motion carried. ITEM *5 REQUEST FOR APPROVAL TO RETAIN RACHLIN AND COHEN TO PERFORM COUNTRY CLUB AUDIT. Ms. Macdonald Introduced the item and recommended that the Council authorize the Village Manager to accept the proposal from Rachlin and Cohen on behalf of the Village. Ms. Maria Prez, from Rachlin and Cohen, in reply to a question stated that the fee for the audit will be $2,400. Mayor Johnson stated that Rachlin and Cohen are already the Village's auditors. Mr. Spahn moved approval. Mr. Courtney seconded the motion and the vote was unanimous in favor. ITEM *6 AN ORDINANCE AMENDING SCHEDULE OF REGULATIONS, BEING A PART OF ARTICLE V. OF THE MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270; EXPANDING STATED PERMITTED USES IN B-1 AND B-2 DISTRICTS; ADDING LIST OF USES NOT DEEMED TO BE INCLUDED IN STATED PERMITTED USES; AUTHORIZING ESTABLISHMENTS FOR MINOR MOTOR VEHICLE REPAIRS AND, BY DEFINITION, LIMITING SAME; ESTABLISHING EFFECTIVE DATE. First Reading. Mayor Johnson read the caption of the ordinance and Ms. Macdonald reviewed the background and read the list of permitted uses. Mr. Cook asked about mechanical repair shops. Mr. Fernandez in response to questions described how the P&Z Board arrived at the current ordinance. Mr. Loffredo stated that he was concerned that once you allow the use of a certain business, that the Council cannot restrict the number of those businesses In that area. Mr. Fernandez stated that In the future the ordinance can be changed If there Is a problem. Mr. Courtney stated that he was concerned that a legitimate bookstore could not open In the Shores because of the restrictions. Mr. Boris Moror: Spoke about the exclusion of certain uses and the definition of a granfathered-in business. Mr. Tom Laubenthal: Spoke about how the ordinance was developed. Mr. Al Fuentes: Spoke about extending the business district on 2nd Avenue up to 103rd Street. Mr. Bryan Gart: Spoke about other areas that have book stores and the restriction of book stores In Miami Shores. Mr. Loffredo moved to approve the ordinance on first reading. Mr. Cook seconded the motion and the vote was unanimous in favor. Mayor Johnson called for a recess at 9:50 p.m. Mayor Johnson reconvened the meeting at 9:58 p.m. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING REMOVAL OF RICHARD FERNANDEZ FROM PLANNING AND ZONING BOARD. Mr. Spahn introduced the item and stated that there Is no question that Mr. Fernandez does an outstanding Job when It comes to Zoning and chairing the P&Z Board; however, there Is a deeper issue at hand. Mr. Spahn stated that Mr. Fann in writing to all members of the Council and the P&Z Board stated that discussions between the two boards Is not permitted and that it is also improper for members of the P&Z Board to lobby the Council or make public comments on any Issue which might appear before the P&Z Board. He stated that It Is a quasi -Judicial board on which Mr. Fernandez serves as an Impartial Judge of agenda Items brought before the board. Mr. Spahn reviewed some of the public Comments made by Mr. Fernandez regarding the Country Club and other community Issues. He stated that Mr. Fernandez has become an activist In the community, Is no longer Impartial, and that Mr. Fernandez should be removed from the P&Z Board for cause. Mr. Spahn moved on the basis of the Village Attorney's recommendation to both boards where he states that individual Council members should avoid any contact with P&Z or vice versa to avoid any problems with ethics considerations that Mr. Fernandez be removed for cause from the P&Z Board. Mr. Loffredo seconded the motion. Mr. Fernandez spoke on his own behalf. In his presentation he stated that he did not violate the rules as set forth In the Jennings Case. Mr. Loffredo stated that Mr. Fernandez as Chairman of the P&Z Board should carry out Village policy as it is handed down, not maneuver it or lobby it. Mayor Johnson stated that Mr. Spahn is taking the Jennings Case and construing it too narrowly. The vote was taken and was as follows: Loffredo - Yes Spahn - Yes Courtney - No Cook - No Johnson - No The motion failed. ITEM *8 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *9 PUBLIC COMMENTS Mr. Jim Condit: Mr. Terrell Chambers: Mr. Mike Boyle: Mr. Mark Sell: Ms. Donna Baxter: Mr. Brian Smith: Spoke about Special Benefit Districts. Spoke about the reoccupancy ordinance. Spoke about Mr. Spahn lobbying for PCM and the chilling effect of the Mayor's leadership. Spoke about accusations of a violation of the election law. Spoke about an art exhibit at the Library. Spoke about the divisiveness in the Village. ITEM *10 COUNCIL COMMENTS Mr. Cook spoke about his vote regarding resignation and put on the next agenda committee for the Manager's position. Mr. Courtney spoke about an article In Shores resident. Mr. Loffredo spoke Mayor Johnson also the Village Manager's to create a search the paper regarding a about his position on tonight's issues. spoke about a search committee. ITEM *11 ADJOURNMENT The meeting was adjourned at 11:14 p.m. Steven Mayor Scott W. Davis Village Clerk