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10-05-1995 Rescheduled MeetingMIAMI SHORES VILLAGE COUNCIL MEETING OCTOBER 5, 1995 The rescheduled meeting of the Miami Shores Village Council was held on Thursday, October 5, 1995, commencing at 7:30 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Couzzo, Jr. William Fann Barbara Fugazzi PRESENTATIONS: Mayor Imburgia presented Mr. Don Brandt a Certificate of Appreciation for his generous donation of recovering two pool tables in addition to his donation of a new pool table for the recreation department. Tom Benton, Assistant Village Manager/Public Works Director, introduced Mr. Joe Abel, the new Assistant Director for Operations - Recreation Department. Joe Abel and Tom VanNote, Athletic Supervisor, presented the Council with plaques in appreciation of the Council's support of the Baseball Teams and the Athletic programs. CONSIDERATIONS: ITEM #1 CONSENT AGENDA A. MINUTES B. APPROPRIATION OF FORFEITURE FUNDS Mr. Heffernan moved approval of the Consent Agenda. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #2 A. REQUEST FOR COUNCIL RATIFICATION OF THE PBA CONTRACT. Mr. COJlz70 explained that the PBA members had voted to ratify the contract on Friday, September 29, 1995. Mr. Heffernan asked for clarification of the Agenda Item regarding approval of contract versus authorization to execute. Mr. Couzzo stated that he is looking for authorization to execute the contract. Mr. Heffernan moved to authorize the Village Manager to execute the PBA Contract containing language as discussed in the Executive Sessions. Mr. Boyle seconded the motion and the vote was unanimous in favor. B. DISCUSSION AND POSSIBLE ACTION REGARDING THE VILLAGE MANAGER EVALUATION. Mr. Heffernan stated that in his opinion, Mr. Couzzo is doing a fine job, working hard for the betterment of the Village. He stated that he would like to propose that two items be addressed at this time, 1) a contract extension of three (3) years; and 2) a bonus for Mr. Couzzo, equal to 5% of his salary. Mr. Heffernan indicated that Mr. Conz7o's current contract expires November 1, 1996 and that if Mr. Conz7o is agreeable, Mr. Heffernan would propose extending the contract through November 1, 1999. Mr. Couzzo stated his intention of remaining with the Village through December 31, 1999. General discussion regarding amending the existing contract ensued. It was the consensus of the Council to have the contract period extended to December 31, 1999. Mr. Heffernan moved to award Mr. Couzzo, for outstanding performance, a 5% bonus immediately, using contingency funds. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #3 DISCUSSION AND POSSIBLE ACTION REGARDING THE SELECTION OF A NEW VILLAGE ATTORNEY. A paper ballot was taken for the election of a new Village Attorney, final candidates being: Mark Ulmer, Richard Doody (Tucker & Tighe), and Gil Pastoriza (Weiss, Serota & Helfman). Mr. Heffernan expressed his thoughts regarding the candidates and thanking all the applicants for their interest. The vote tally was as follows: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta Mark Ulmer Mark Ulmer Mark Ulmer Mark Ulmer Mark Ulmer Mr. Ulmer was named the new Village Attorney. A recess was called from 8:05 P.M. through 8:15 P.M. Page 2 ITEM #4 APPOINTMENTS TO THE MIAMI SHORES VILLAGE BOARDS AND COMMITTEES A. PLANNING & ZONING BOARD Mr. Ulmer stated that he was resigning his position on the Planning & Zoning Board subsequent to being named the new Village Attorney. The Clerk indicated that there would be four (4) vacancies on the Planning & Zoning Board. Misters Bob Blum, John Bolton, Tom Caldwell, Les Forney, Walter Latimer, Michael Maxwell, Charles Smith, and Cliff Walters were present and spoke on their own behalf. A paper ballot was taken with the vote as follows: Ballot 1 Mary Ross Agosta Cesar Sastre Mayor Imburgia William Heffernan Michael Boyle Walters, Blum, Smith, Latimer Walters, Forney, Caldwell, Bolton Walters, Forney, Blum, Maxwell Walters, Forney, Blum, Caldwell Walters, Blum, Smith, Maxwell After the first Ballot, Misters Blum, Forney and Walters were appointed to the Planning & Zoning Board. A second Ballot was taken for the one remaining vacancy, with John Bolton, by the elimination process, being removed from the list of candidates. Results were: Ballot 2 Mary Ross Agosta Smith Cesar Sastre Caldwell Mayor Imburgia Maxwell William Heffernan Caldwell Michael Boyle Smith As a majority was not reached, a third Ballot was taken for the remaining vacancy, with Michael Maxwell, by the elimination process, being removed from the list of candidates. Results were: Ballot 3 Mary Ross Agosta Smith Cesar Sastre Caldwell Mayor Imburgia Caldwell William Heffernan Caldwell Michael Boyle - Smith Mr. Tom Caldwell was appointed to the Planning & Zoning Board, filling the vacancy left by Mr. Ulmer's resignation. Mr. Caldwell's term will expire 9/96. Page 3 B. CODE ENFORCEMENT BOARD Mr. Tom Caldwell resigned his position on the Code Enforcement Board subsequent to his being appointed to the Planning & Zoning Board. The Village Clerk indicated that there would be three (3) vacancies on the Code Enforcement Board. Misters Barry Asmus, John Etienne, Prospero Herrera and John Patnik spoke on their own behalf. Mr. Doug Garber was unable to attend the meeting due to a conflict in scheduling. The Clerk read highlights from his application. A paper ballot was taken and the results as follows: Ballot 1 Mary Ross Agosta Cesar Sastre Mayor Imburgia Michael Boyle William Heffernan Asmus, Herrera, Garber Asmus, Herrera, Patnik Asmus, Herrera, Garber Asmus, Herrera, Etienne Asmus, Herrera, Patnik After the first Ballot, Misters Asmus and Herrera were appointed to the Code Enforcement Board. A second Ballot was taken for the one remaining vacancy, with Mr. Etienne, by the elimination process, being removed from the list of candidates. Results were: Ballot 2 Mary Ross Agosta Garber Cesar Sastre Patnik Mayor Imburgia Garber William Heffernan Garber Michael Boyle Garber Mr. Doug Garber was appointed to the Code Enforcement Board filling the vacancy left by Mr. Caldwell's resignation. Mr. Garber's term of appointment will expire 9/96. C. HISTORIC PRESERVATION BOARD Ms. Maria Temkin spoke on her own behalf. The Clerk indicated that Mr. Bittner was unavailable due to a previous speaking engagement. Mr. Heffernan moved appointment of Mr. Bittner and Ms. Temkin to the Historic Preservation Board. Mr. Boyle seconded the motion and the vote was unanimous in favor. D. PENSION BOARD Misters Joseph Charles and Walter Latimer spoke on their own behalf. The Clerk indicated that Mr. Spahn and Mr. Trumble were unable to attend the meeting. The Clerk further stated that although there are three (3) vacancies on the Pension Board, it is required that one of the vacancies be filled by an at -large employee of the Village. Mr. Tremble is the only employee applying for the vacancy. Therefore, all Council members must vote for two candidates plus vote for Mr. Tremble. A paper ballot was taken and the results as follows: Page 4 Mary Ross Agosta Cesar Sastre Mayor Imburgia William Heffernan Michael Boyle Charles, Latimer, Trumble Charles, Latimer, Trumble Charles, Latimer, Trumble Charles, Latimer, Trumble Charles, Latimer, Trumble Misters Charles, Latimer and Trumble were appointed to the Pension Board. E. FINE ARTS COMMISSION Mr. Heffernan moved to appoint Ms. Toni Coveley and Ms. Collette Jimenez to the Fine Arts Commission. Mr. Sastre seconded the motion and the vote was unanimous in favor. A recess was called from 9:00 P.M. through 9:15 P.M. ITEM #5 VICE MAYOR CESAR SASTRE A. DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI COUNTRY DAY SCHOOL AND THE 5.2 ACRES NORTH OF THE COUNTRY CLUB. Mr. Sastre outlined the background regarding the Agenda item. He indicated that Miami Country Day School approached him regarding the possibility of using the parcel for athletic fields for both the School and the Village. Mr. Sastre stated that he is requesting that the Village Manager thoroughly research the issues, including impact on neighbors on 104th Street. Mr. Knapp, Headmaster of Miami Country Day and Osmond Howe were present and spoke on behalf of Miami Country Day School. Mrs. Ross Agosta questioned the current zoning designation. Mr. Conz7o indicated that the parcel is currently zoned as a park. Mrs. Ross Agosta asked if athletic field use would still be considered a park. Mr. Couz7o stated that he believed so, but would need to research the issue more thoroughly to give a definitive answer. Mr. Heffernan stated that as a Council, they have directed the Manager to seek alternative revenue sources. He believes that athletic fields would be an appropriate use of the land and concurs with Mr. Sastre's request to have the Manager research the issue. Mr. Boyle stated that as the parcel in question is the last undeveloped land in Miami Shores Village, he would like to see the best return on the land possible. He further stated that the return may not be financial, however, he would like to see if there were a possibility for Miami Country Day School to lower their tuition fees for Shores students. Mayor Imburgia stated that he agrees that the Manager should review the situation. It was the consensus of the Council to have Mr. Conzzo research the issue, including speaking to residents on 104th Street. Mayor Imburgia called for public comment on the item. Resident, Tom September of N.E. 104th Street, asked that the Manager look into the possibility of annexing the School. He further spoke of the County Charter, designating the parcel as park. Mr. Couz7o stated that the issue will involve extensive research in order to address the questions of both the Council and residents. Page 5 B. DISCUSSION AND POSSIBLE ACTION REGARDING DADE COUNTY COMMISSION PUBLIC HEARING REGARDING PROPERTY AT 819 N.E. 89TH STREET. Mr. Sastre explained the agenda item, indicating that there is a petition before the County Commission to build a housing development on 89th Street. Mr. Couzzo stated that obvious concerns for Miami Shores Village include the impact on our infrastructure and the future boundaries of the Village, which may include this section of Unincorporated Dade, due to the County forming a Boundaries Committee. Mr. Couzzo suggested that a joint letter from the Mayor and himself, addressed to the County Commission would be appropriate. It was the consensus of the Council to have a letter sent to the Commission enumerating the Village's concerns. ITEM #6 VILLAGE CLERK Barbara Fugazzi A. The Clerk indicated that this item was tabled to the October 17, 1995 due to the rescheduling of the Council Meeting and advertising requirements. B. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, AMENDING ZONING ORDINANCE NO. 270, ARTICLE IV "ESTABLISHMENT OF REGULATIONS", SCHEDULE OF REGULATIONS, PROVIDING FOR VIDEO RENTALS AND SALES ESTABLISHMENTS AS A PERMITTED USE IN B-2 DISTRICT, PROVIDING FOR DEVELOPMENT STANDARDS THAT MUST BE MET AS PART OF THE SITE PLAN IN ORDER FOR THE USE OF VIDEO RENTALS AND SALES TO BE ALLOWED; REQUIRING FINDINGS AT A HEARING BEFORE THE VILLAGE COUNCIL PRIOR TO ALLOWANCE OF SAID USE; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mr. Couzzo indicated that per Council directive, he had, in conjunction with a number of individuals, drafted an Ordinance Amendment. He further stated that the original Ordinance Amendment did not contain language addressing "adult" videos. However, the advisors whom he consulted with regarding the amendment, proposed language which specified restrictions 011 video sales/rentals in reference to sexually explicit materials. This additional language was added as subsection k), as amended. Mr. Boyle proposed deleting the text regarding sexually explicit material and substituting language referring to the Florida State Statute. Mr. Heffernan inquired if by referring to the Statute, the Ordinance would protect the Village. Mr. William Kelly, a Shores resident and one of the gentlemen advising on the Ordinance, stated that the proposed substitute language would protect the Village as much as the previously worded text. Mr. Boyle further proposed to eliminate the text from subsection g) within the proposed Ordinance. Discussion regarding the reasons for including g) in the text and exact wording for subsection k), ensued. It was the consensus of the Council to delete subsection g) and amend subsection k) as follows: Page 6 No video rental or sales establishment shall display, rent, or sell video tapes which depict "sexual conduct" as defined in Florida State Statute 847.001 (11) (1993). Mr. Heffernan moved to adopt the proposed Ordinance Amendment with the above changes. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #7 ANNOUNCEMENTS The Clerk read the announcements. ITEM #8 PUBLIC COMMENT No residents came forward to speak. ITEM #9 COUNCIL COMMENT William Heffernan Expressed his appreciation for everyone's condolences on the death of his father. Michael Boyle Mary Ross Agosta Cesar Sastre Mayor Imburgia No Comment Spoke about the Fire Station opening and the wonderful turn -out. Spoke about the recent Property Owner's Association meeting and the Fire Station opening. Expressed his thanks to the residents for their support of the Council. ITEM #10 ADJOURNMENT The Meeting was adjourned at 10:10 P.M. eaaAa (tf/°' Barbara A. Fugaz7i, Villa e CIe Page 7 T. Louis S. Imbur_' a, Jr., Mayo