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