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02-15-1994 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 15, 1994 The regular meeting of the Miami Shores Village Council was held on February 15, 1994, at the Miami Shores Community Center commencing at 7:30 p.m. with the following members present: Present: Mayor Heffernan Richard Fernandez Michael Boyle Steven J. Johnson Robert Cook Also present: Michael R. Couzzo, Jr. Scott W. Davis CONSIDERATIONS: ITEM *1 VILLAGE CLERK: MINUTES Mr. Scott Davis Mr. Cook asked that the minutes from the Regular Council Meeting of 2/1/94 be amended In two areas: Item *2a paragraph 2, Mr. Cook stated that the applicant has not answered the 4 questions as stated In Section 702 of the Codes. Item 2b, Mr. Cook stated that wood shingles is a generic definition and cedar shake is a refinement of that definition. Mr. Cook moved approval of the minutes from the Regular Council Meeting of 2/1/94 as amended. Mr. Johnson seconded the motion and the vote was unanimous In favor. The Village Clerk presented the minutes from the following meetings and the Council acknowledged receipt: Fine Arts Commission 1/11/94 Recreation Advisory Committee 1/10/94 Planning and Zoning 1/27/94' Equity Study Committee 2/7/94 B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL TO REQUEST THE DADE COUNTY COMMISSION TO AMEND THE SOUTH FLORIDA BUILDING CODE TO EXEMPT HISTORIC CUBAN TILE FROM THE TESTING AND PRODUCT CONTROL REQUIREMENTS OF THE CODE AND TO ENCOURAGE ITS SALVAGE AND REAPPLICATION. The Village Clerk read the caption of the resolution. Mr. Warren Bittner made a presentation regarding the resolution. He presented a Miami Daily News and Miami Herald article about roof tile. Mr. Cook discussed road blocks that may present themselves In getting the ordinance passed In Dade County. Mr. Boyle asked how authorities would know If a truck load of tile Is what it is supposed to be. Mr. Bittner replied that the tile would have an embossed seal or It would be left up to the Judgement of the Historic Preservation Board In the Jurisdiction. Mr. Bittner stated that the ordinance would only apply to salvage and reapplication of tile not new truck loads of tile. Mr. Fernandez stated that he shares Mr. Boyle's concerns as to the source identity of tiles. Mr. Johnson stated that new tiles on his home were damaged in the hurricane and that old tile had no damage. Mayor Heffernan thanked Mr. Bittner for his presentation. Mr. Cook moved approval of the resolution. Mr. Johnson seconded the motion and the vote was unanimous In favor. C. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING PARAGRAPH 2 OF RESOLUTION 767-84, AS AMENDED, INCREASING THE MEMBERSHIP OF THE FINE ARTS COMMISSION FROM SEVEN TO NINE IN NUMBER. The Village Clerk read the caption of the resolution. Mr. Cook so moved. Mr. Johnson seconded the motion and the vote was unanimous in favor. D. ORDINANCE AMENDING SECTION 16-21 (a); INCREASING NUMBER OF MEMBERS ON RECREATION ADVISORY COMMITTEE FROM SEVEN (7) TO NINE (9) IN NUMBER; PROVIDING THAT VACANCIES SHALL BE FILLED IN SUCH A MANNER AS TO CREATE FIVE VACANCIES IN ALTERNATE YEARS. PROVIDING EFFECTIVE DATE. The Village Clerk read the caption of the ordinance. Mr. Fernandez moved approval on first reading. Mr. Johnson seconded the motion and Mr. Cook reviewed the history of the Item. The vote was unanimous in favor. E. ORDINANCE AMENDING PARAGRAPH (d) (10) OF SECTION 6 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; INCREASING PERMIT FEES FOR EACH 100 SQ. FEET OR FRACTIONAL PART OF AREA FROM $1.00 TO $6.50; PROVIDING EFFECTIVE DATE. Mr. Cook asked Mr. Fann If he had a conflict of Interest with this matter. Mr. Fann replied that Mr. Cook had no significant conflict on this Item. The Village Clerk read the caption of the ordinance and reviewed the background. Mr. Fernandez stated that It would be a 650% Increase In fees and that it might have a chilling effect on residents who might want to Improve their property. Mr. Cook asked what was the cost to the Village to do each Inspection. He suggested that the fees reflect the actual cost. Mr. Fernandez stated that he doesn't think that there Is any additional cost to do the roofing Inspections. Mr. Boyle asked where the $6.50 figure came from. Mr. Couzzo responded. Mr. Boyle stated that the fee should be tied to the cost of the inspections. Mr. Fernandez asked Mr. Couzzo to come back with recommendations as to what the fee should be. Mr. Couzzo offered to do a full analysis of the fee structure. Mr. Fernandez moved that the matter be studied and brought back to Council. Mr. Boyle seconded the motion and the vote was unanimous In favor. Mr. Ed Harrigan: Asked about roof Inspections and at which stage of the construction do they occur. Mr. Boyle asked what the dollar Impact of changing the ordinance. Mayor Heffernan asked that flat roof vs tile roof be addressed in the analysis. F. DISCUSSION AND POSSIBLE ACTION REGARDING THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING CHAPTER 11 1/2 OF THE CODE OF ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW SECTION 11 1/2-14, TO AUTHORIZE TAX EXEMPTIONS FOR HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PROCEDURES; DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON APPLICATIONS; ESTABLISHING PENALTIES; SEVERABILITY; INCLUSION IN THE CODE; AND AN EFFECTIVE DATE. The Village Clerk read the caption of the proposed ordinance. Mr. Bittner reviewed the history of the Item. He stated that other municipalities have passed similar ordinances. He explained how the ordinance will affect tax exemption for homeowners of historic buildings. Mr. Bittner stated that the VIIIage would be able to grant ad valorem tax exemptions on the value of the Improvements of historic buildings If the Council wishes to do so. Mr. Fernandez asked how will the value of the Improvement be measured. Mr. Bittner responded that the Dade County Tax assessor will make the determination of what the change In value will be. Mr. Fernandez stated that he was concerned with the possibility of unequal treatment with regard to owners of historic homes and owners of non historic homes. He also stated that the tax base cannot stand any erosion. In response to a question by Mr. Boyle. Mr. Bittner discussed the benefits of owning property designated as an historic landmark. Mr. Fann urged that no action be taken tonight due to the degree of complication of the ordinance and his not having studied the ordinance In detail. Mr. Cook stated that restoration of historic property should be a labor of love not for a tax exemption. He also stated that he is not generally in favor of taking property off the tax rolls though he stated that he did vote In favor of the fire station. Mr. Bittner stated that he would encourage the Council to approve the ordinance for commercial properties. Mr. Johnson stated that he has reviewed his personnel situation with the Village Attorney and he can vote on the Issue. He urged the Village Attorney and the Village Manager to review the ordinance and bring it back to Council. He stated that he supports the Issue. Mr. Fernandez stated that the number of homes that could qualify for historic designation Is large in Miami Shores. Mayor Heffernan stated that the economic Impact Is Important and should be studied. Mr. Fann stated that he will report back at a future meeting. G. Discussion and possible action regarding a Resolution from the Town Council of the Town of Bay Harbour Opposing bilis pertaining to the National Flood Insurance Reform Act of 1993. The Village Clerk presented the Item and Mr. Fernandez stated that the Council should support it. Mayor Heffernan agreed with Mr. Fernandez. Mr. Fernandez moved to have the Village Attorney draw up a similar resolution for Council approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *2 REQUEST FOR APPROVAL OF PROPOSED WASTE DISPOSAL AGREEMENT WITH WHEELABRATOR. Mr. Couzzo presented the Item and recommended approval. Mr. Fernandez moved approval of the contract. Mr. Boyle seconded the motion and the vote was unanimous In favor. ITEM *3 ANNOUNCEMENTS The Village Clerk read the announcements. ITEM *4 PUBLIC COMMENTS There were no public comments. ITEM *5 COUNCIL COMMENTS Mr. Cook spoke about a resident being accepted at Annapolis and West Point. Mr. Boyle spoke about the Mayor's Ball and the Miami Shores Video. Mayor Heffernan spoke about Della Zaher announcing her retirement at the end of the school year. He also spoke about the Mayor's Ball. ITEM *6 ADJOURNMENT The meeting was adjourned at 8:53 p.m. WI l I iam J. Me / nan Mayor Scott W. Davis Village Clerk