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01-02-1996 Regular MeetingMIAMI SHORES VILLAGE COUNCIL MEETING JANUARY 2, 1996 The regularly scheduled Miami Shores Village Council Meeting was held on Tuesday, January 2, 1996 at the Village Hall, commencing at 7:32 P.M. with the following members present: PRESENT: Mayor Imburgia (Arrived at 7:37 P.M.) Cesar Sastre Michael Boyle William Heffernan (Arrived at 7:40 P.M.) Mary Ross Agosta ALSO PRESENT: Michael R. Covz7o, Jr. Mark Ulmer Barbara A. Fugazzi PRESENTATIONS: Marketing Director, Mildred Ramos, explained the Miami Shores Ambassadors program, stating that the first recipients of the designation were individuals who acted as hosts for the NCAA Women's Volleyball Tournament, held at Barry University. Vice Mayor Sastre presented certificates to Gary Pappas, Lew Soli, Joe Abel, and Howard Tripp. Angela Dorney and Spero Canton were not present. Vice Mayor Sastre was also designated a Miami Shores Ambassador. Mayor Imburgia, followed by William Heffernan, arrived at the Meeting. Tom Benton, staff liaison to the Beautification Committee, highlighted the Annual Holiday Lighting Contest information. Mayor Imburgia presented awards to the winning families, George and Peachie Bergen, Edward DiGiacomo, Minnett DelJuanco & Manuel Tabrane, the Dorsal family and the Alper family. CONSIDERATIONS: ITEM #1 CONSENT AGENDA A. MINUTES B. REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE PURCHASE OF JULY 4TH FIREWORKS DISPLAY. Mr. Boyle requested that Item 1B be removed from the Consent Agenda. Mr. Heffernan moved approval of the remainder of the Consent Agenda (Minutes). Mr. Sastre seconded the motion and the vote was unanimous in favor. Mr. Boyle asked for clarification on the reason for waiving bid procedure. Tom Benton indicated that by waiving the bid procedure and contracting with Zambelli, a 10% discount would be realized and additional fireworks purchased. Mr. Boyle moved approval to waive bid procedure. Mr. Heffernan seconded the motion and the vote was unanimous in favor. ITEM #2 PLANNING & ZONING A. DISCUSSION AND POSSIBLE ACTION REGARDING AN APPEAL BY DOLORES GODWIN, OWNER OF PROPERTY AT 150 N.W. 101st STREET, TO A PLANNING & ZONING BOARD DECISION. Mr. Ulmer detailed the process by which the applicant, Dolores Godwin was before the Council. He explained that the Planning & Zoning Board, acting as "judge & jury" had upheld the Building Official's decision to deny a permit to Ms. Godwin for painting her home its present color. Mr. Ulmer further explained that the Council would be acting as the "appellate" court, basing their decision on the applicable Planning & Zoning minutes, Ms. Godwin's letter and their opinion if the Planning & Zoning Board had been reasonable in denying the permit. Mr. Boyle asked about the need for the applicant to have a transcript of the Planning & Zoning Meeting. Mr. Ulmer stated that a transcript was not necessary. Mr. Sastre moved to affirm the findings of the Planning & Zoning Board and to deny the applicant's appeal. Mr. Heffernan seconded the motion and the vote was unanimous in favor. ITEM #3 VILLAGE COUNCIL Mary Ross Agosta A. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDING SECTION 4.4 OF THE VILLAGE CODE OF ORDINANCES, RELATING TO HOURS OF SALE OF ALCOHOLIC BEVERAGES. Mrs. Ross Agosta explained that she had sponsored the item for discussion and to solicit the Council member's opinion on expanding the allowable hours to sell alcoholic beverages. She further explained that the item was before the Council at the request of Walgreens. Misters Roy Ripeck, Fred Mueller and Mike White were present on behalf of Walgreens. Mr. Ripeck outlined the request for expanded hours, stating that Walgreens would like to be able to sell alcohol on Sundays. He indicated that other municipalities allow the sale of alcohol during normal store hours (10:00 P.M. closing). Mr. Boyle inquired if Walgreens had investigated the current Ordinance prior to designing the store. Mr. Ripeck was unable to answer. Mr. Boyle stated that he specifically remembered asking, during the site plan approval phase, whether there was to be a liquor store at the location and the response had been negative. It was the consensus of the Council to leave Section 4.4 of the Code of Ordinances as it is presently written. Walgreens' representatives indicated that they may survey Shore's customers for a response. The Council thanked Walgreens for their service to the community and stated that they would be available for further consideration if warranted. Page 2 ITEM #4 PUBLIC WORKS Tom Benton A. REQUEST TO APPROPRIATE CAPITAL PROJECT FUNDS IN THE TOTAL AMOUNT OF $18,600. Tom Benton explained the request, stated unanticipated expenses regarding the renovation of public works, and the need for new bus and park benches. Mr. Heffernan moved approval of the outlined appropriation. Mr. Sastre seconded the motion and the vote was unanimous in favor. Tl'EM #5 VILLAGE MANAGER Michael R. Couzzo, Jr. A. DISCUSSION AND POSSIBLE ACTION REGARDING RETAINING CITY PLANNERS. This item was deferred to the January 16, 1996 Council Meeting. Mr. Ulmer indicated that at that time, consideration would be given to engaging a city planner to research the Biscayne Kennel Club proposed zoning change, as well as to look at the existing Code of Ordinances. B. DISCUSSION AND POSSIBLE ACTION REGARDING DADE COUNTY SOLID WASTE INTERLOCAL AGREEMENT. Mr. Couz7o and Tom Benton explained the County's response to the Village's concerns, i.e. waiting times, closed dump sites, etc. Mr. Boyle moved to authorize the Village Manager to execute the Interlocal Agreement. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #6 VILLAGE CLERK Barbara A. Fugazzi A. AN ORDINANCE AMENDING SECTION 18-49 (C) OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; ESTABLISHING BENEFITS FOR POLICE OFFICERS WHO RETIRE BETWEEN OCTOBER 1st, 1995 AND SEPTEMBER 30th, 1996, PROVIDING FOR AN INCREASE IN PENSION BENEFITS FOR RETIRED POLICE OFFICERS; PROVIDING FOR EFFECTIVE DATE. Second and Final Reading. The Clerk read the caption of the Ordinance. Mr. Heffernan asked if the Ordinance amendment was in response to a collective bargaining agreement requirement. Mr. Couzzo responded that the amendment is a requirement. Mr. Heffernan moved to adopt the Ordinance as amended. Mr. Boyle seconded the motion and the vote was unanimous in favor. Page 3 B. AN ORDINANCE AMENDING SECTION 18-40 (7) OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, ELIMINATING THE OBLIGATION OF THE VILLAGE TO PAY ACTUARIAL AND OTHER EXPENSES OF THE MIAMI SHORES PENSION PLAN; PROVIDING FOR EFFECTIVE DATE AND RETROACTIVE APPLICATION. First Reading The Village Clerk read the caption of the Ordinance. Mr. Ulmer explained that the proposed amendment is in response to a request by the Pension Board to shift the responsibility for payment of Pension related expenses to the Pension Board. Mr. Heffernan moved to approve the first reading of the Ordinance. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. ITEM #7 ANNOUNCEMENTS The Clerk read the announcements. ITEM #8 PUBLIC COMMENT Loretta Olsen Mrs. Olsen spoke about the flowers and the senior field trip to the Metro Zoo. Prospero Herrera Mr. Herrera spoke about the need for a traffic light at the intersection of N.W. 2nd Avenue and 103rd Street. Andrew Agosta Mr. Agosta spoke about the Caroling event and expressed his thanks to the recreation department. ITEM #9 COUNCIL COMMENT Mary Ross Agosta Mrs. Ross Agosta spoke of the many holiday activities she enjoyed. Cesar Sastre Mr. Sastre spoke of the upcoming Mayor's Ball. William Heffernan Mr. Heffernan urged the public to attend the next Council Workshop and Meeting to discuss the Police Department building. Michael Boyle Mr. Boyle spoke of his recent experience helping the Leukemia Foundation. Mayor Imburgia Mayor Imburgia talked about the Village's holiday festivities. Page 4 ITEM #10 ADJOURNMENT The January 2, 1996 Council Meeting was adjourned at 8:40 P.M. Baca 6, Barbara A. Fugazzi, Villa e Page 5 s S. Imburgia, Mayor