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03-02-1996 Workshop MeetingMIAMI SHORES VILLAGE COUNCIL WORKSHOP MEETING MARCH 2, 1996 The Miami Shores Village Council held a Council Workshop on Saturday, March 2, 1996 at the C. Lawton McCall Community Center, commencing at 9:05 A.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Couzzo, Jr. Patricia Varney Barbara Fugaz7i Elizabeth Esper Mark Ulmer William Nelson Tom Benton Mildred Ramos Michael Zoovas Scott Davis Cliff Walters Bob Blum Les Forney Frank Hegedus Mr. Couzzo briefly outlined the purpose of the Workshop, indicating that he was seeking direction from the Council regarding a variety of topics, as listed on the Agenda. Mayor Imburgia stated that the Council should prioritize the listed topics, as the particular order on the Agenda need not be followed. Mr. Heffernan suggested that the Council speak first regarding Education. Mr. Heffernan stated that Patrick Heffernan was in attendance and could speak regarding Charter Schools. Mr. Heffernan further stated that he had thought the principal from Horace Mann Middle School, Enid Weisman, would be present. Mr. Couzzo stated that Ms. Weisman had not been invited to attend, as it was his intent to obtain general direction from the Council, rather than speak about specifics at this Workshop. Mr. Heffernan introduced Patrick Heffernan. Mr. Patrick Heffernan explained the concept of Charter Schools, indicating that the intent of a Charter School is to reduce the amount of government interference within the system. Mr. Patrick Heffernan stated that Charter Schools contract with an entity (University, Church, private organizations, etc.) to be accountable for operations of the school. Mr. Patrick Heffernan indicated that currently, the State of Florida does not allow for Charter Schools, however, he believes the Florida State Legislature will shortly adopt a bill which will permit Charter Schools. Mrs. Ross Agosta inquired if Nova, West Lab, etc. are considered Charter Schools. Mr. Patrick Heffernan stated those mentioned were Magnet Schools. Mr. Bill Heffernan explained the difference between Magnet Schools and Charter Schools, stating that Magnet Schools were operated as mini -private schools within an existing public school, with emphasis on certain programs. Mrs. Ross Agosta asked what the pros and cons are with Charter Schools. Mr. Patrick Heffernan stated that in his opinion, Charter Schools are a stepping stone towards a voucher system of education. The voucher system would provide funds to parents to send their children to a school of their choice, whether it was private, public or parochial. Mayor Imburgia asked how school boundaries would be determined with Charter Schools. Misters Bill and Patrick Heffernan stated that if an existing school was to become a Charter School, the boundaries would remain the same. However, if a new school were to be constructed, the boundaries would be bid on by the entity looking to operate the school. Mr. Boyle asked about setting up a new, limited, school district. Mr. Boyle gave an example of Indian Hills, Ohio, where the municipality created an independent school system in order to have control of the schools. In this instance, Mr. Boyle explained, the resident's education taxes stayed within the community, rather than going to an outside school board. Mr. Boyle stated that perhaps more rural areas were not interested in vouchers because there was no choice (due to distance constraints) for parents. Additionally, more rural areas historically do not have the type of problems that inner-city schools do, i.e. gangs, violence, weapons, etc. Mr. Boyle asked how Charter Schools would benefit Miami Shores Village. Mr. Bill Heffernan stated that as far as the Village administration had been able to determine, only a handful of Village students attend the public schools. Perhaps if Horace Mann were to become a Charter School, more Village students would attend. Mrs. Ross Agosta stated that although today's dialogue was helpful, additional information should be obtained. Mr. Bill Heffernan stated that the Village needs to keep informed and be ready to take advantage of legislative rulings. Mr. Heffernan indicated that the Council needs to look at whatever alternatives will give the Village more control. Mr. Couzzo stated that the existing population is not well represented in the designated public schools. Residents leave Miami Shores Village because there is no viable public middle or high school. Mr. Cot»7o suggested perhaps using local vouchers for use by Village residents. Mr. Bill Heffernan asked the Village Attorney, Mark Ulmer, what the Village's rights are in relation to the education taxes going to Dade County. Mr. Ulmer stated that because of the Home Rule, the Village Council can enact any law which is not pre-empted by Federal, State or County laws. Mr. Ulmer stated he would begin to look at case law regarding these circumstances. Mr. Bill Heffernan stated that in the near future, the Council should assign a Council member to become the education expert with the ultimate goal of exercising more control over the schools. Mayor Imburgia recessed the meeting at 10:15 A.M. Page 2 Mayor Imburgia reconvened the meeting at 10:25 A.M. It was the consensus of the Council to discuss Sidewalk Repairs as the next topic. Mr. Couzzo outlined the background, stating that a survey had been conducted last year assessing the condition of all sidewalks in the Village. The survey indicated that there are approximately 23 linear miles worth of sidewalk flags which need repair and/or replacement. Mr. Coi»7o stated that the condition of the sidewalks are becoming a liability and that there are a few options available for funding the project. Mr. Couzzo indicated that the options are: 1) Special Taxing District 2) Issue Code Violations to the homeowners (as the Village Code indicates the sidewalks are the responsibility of the homeowners). 3) Use the $60,000 presently budgeted for sidewalk repairs to figure out a time line and cost to do the project in-house. 4) Special Assessment Mr. Benton stated that to do the project in-house, additional manpower must be allocated to the Public Works Department. Mr. Boyle stated that from a policy standpoint, he views the sidewalks as a community amenity which he believes benefits all residents. He stated the administration needs to have a repair, replacement, and funding policy which is paid for by the entire community. Mrs. Varney, Finance Director, stated that there is currently pending legislature in the Florida Senate which would provide additional funding for work such as sidewalk repairs. Mayor Imburgia asked about money from the County to be returned because of the impact fees paid to Dade County. Mr. Cliff Walters stated there were provisions in the County Code for sharing the revenue. Mayor Imburgia asked that Mrs. Varney investigate this possibility. Further discussion regarding the particulars of funding the repairs and the criteria used in the survey, ensued. Mr. Couz7o suggested, and the Council concurred, that work begin on the sidewalks, utilizing the budgeted $60,000 and Public Works staff. At the FY 97 Budget Workshops, Mr. Couzzo will advise the Council and request additional funding. Mr. Heffernan stated that he wants assurances that Code Enforcement will follow-up with homeowners after the initial repairs are completed and that an easy mechanism be put in place for homeowners to repair their flags. Mr. Benton stated that the survey covered only sidewalks which are the responsibility of the Village. Mr. Brian Smith stated that the Village should encourage residents to practice "preventative maintenance" when moving vans or roofmg trucks are on properties. Mr. Heffernan stated that the Village Code of Ordinances presently requires a surety bond payable to the Village be obtained from a contractor when any construction work may encumber the streets, sidewalks or property. Mr. Heffernan would like this Ordinance enforced. Mr. Prospero Herrera stated that Village trees have caused some of the damage on the sidewalks. Mrs. Ross Agosta stated that the Village should communicate the issue of responsibility through the Village Newsletter, the Chamber of Commerce and the local realtors. Page 3 The Council next chose to discuss the topic of Annexation. Mr. Couz7o indicated that Village Administration is awaiting a response from residents of Bel Mar regarding the possibility of annexation. A comprehensive study was completed and presented to representatives of Bel Mar in the fall of 1994. Mr. Cliff Walters stated that there will be a straw ballot held on March 12, 1996 for people of Unincorporated Dade to indicate their views on annexation and/or incorporation. Mr. Walters further stated that the head of the Dade County Planning Department believes that the outcome will be skewed because the election is a republican presidential primary vote. Mr. Heffernan stated that if the Village is going to be pro -active, the Council needs to decide the funds which will be allocated for pursuing annexation. Additionally, he stated that the Village should have a formula for annexation and put a program together, outlining the Council's goals. Mrs. Ross Agosta stated that she would like to hear what the Miami Shores Village residents think about annexation. Mayor Imburgia indicated that the current zoning code is not sophisticated enough and does not address annexation. Mr. Sastre stated that he would like to see Miami Shores annex the Bel Mar area, as well as look at the Kmart/Tutti's corner, Miami Country Day School, and possibly the enclave just north of Quayside, east of Biscayne Boulevard. Mr. Walters cautioned the Council not to make annexation decisions based solely on economical issues, but to look at the impact the areas would have on the current Code of Ordinances. Mr. Walters further pointed out that although the area west of Miami Shores (to I-95) would not meet the Village Code, if another municipality were to annex the area, Miami Shores would have no control over the area. If the Village were to annex this enclave, the Village would have control. Mr. Boyle indicated that he would be in favor of annexing Bel Mar because they are primarily a single family community, similar to Miami Shores Village. Mr. Boyle stated that annexing Miami Country Day would have psychological value but no economical value. Mrs. Ross Agosta stated that she would be in favor of annexing Bel Mar and Davis Harbor, if she had assurances that the "original" resident's services did not suffer. Mrs. Ross Agosta stated that she would like to see a Council member appointed as a liaison to the County's Boundaries Commission. Mr. Heffernan stated that the Village should look at annexation as an enhancement to the Village, not a problem solver. He further stated that the Village needs to devote time and resources to court the residents of Bel Mar. Mr. Couz7o stated that if the Council wants to actively pursue Bel Mar, staff will go door to door within the area to determine their position. Mr. Ulmer stated that per the County Code, if there are less than 250 homes in the Bel Mar area, the Village Council can petition the County Commission directly, without Bel Mar's input. It was the consensus of the Council to have the Village administration send letters to all Bel Mar residents advising them that there will be a Town Meeting to discuss annexation. Mayor Imburgia recessed the meeting at 11:40 A.M. Page 4 Mayor Imburgia reconvened the meeting at 11:55 A.M. Due to the fact that the Workshop will be adjourned at 1:00 P.M., Mayor Imburgia suggested that the Council address the Professional Planners topic at this point. Mr. Cou7zo outlined the background information, indicating that it was Mr. Heffernan's request that the Council meet with the Planning & Zoning Board members to discuss the necessity of professional planners. Mr. Walters, Chairman of the Planning & Zoning Board, stated that the discussions of the Council during the Workshop have underscored the need for professional planners. Mr. Walters stated that although the Code is a great document and has made the Village what it is today, the Code will not do what the Village needs it to do in the future. Mr. Walters believes that as a "single family residential community", the Village needs to effectively define what a "single family" is. Mr. Walters feels that the Village needs to address the definition of single family from a health and safety point of view, i.e. persons per household as they relate to the size of the septic tank. Mr. Walters stated that the Village needs to have the tools to protect the community. Mr. Heffernan pointed out the experience with Walgren's as an example of the need for a formal site plan review process involving a professional planner. Mr. Heffernan asked for the opinions of the other members of the Planning & Zoning Board. Mr. Forney stated that he is in agreement with Mr. Walters regarding the need for professional planners. Mr. Forney stated that the Village does not have the staff to provide the Planning & Zoning Board with the required expertise. Mr. Forney further stated that there are large portions of the Code which need to be reviewed and provisions added. Mr. Couz7o agreed with Mr. Forney regarding not having available staff. Mr. Couzzo stated that contracting a consultant would be more cost effective and that site plan review costs are born by the applicant. Mr. Sastre asked whether or not the new Assistant Director for Building and Zoning could accept the responsibility. Mr. Couz7o stated that it was not his intent to have the new Assistant Director act as a planner. Mr. Boyle asked if there were really two issues for the planners to work on. One being a review of the Code of Ordinances, and number two being to review site plans. Mr. Blum agreed with Mr. Boyle, indicating that the Village does not have a landscaping template. Mr. Blum stated that he would like to ensure defensibility on the part of the Code. Mr. Hegedus suggested that a "user friendly" approach be taken with the Code and applicable regulations. He suggested that a checklist of "to do" items be available at the Building Department so that residents and contractors have all the information necessary to obtain a permit, whether it is for painting, re -roofing, or other renovations. Additionally, a step-by-step, simplified procedural handout would be beneficial in walking an individual through the permitting process. Page 5 Mrs. Ross Agosta stated her concern that information be forwarded to the residents, indicating that the Village is not attempting to dilute the Code, but to tighten it. The ultimate goal is to maintain the quality of the properties. Mr. Heffernan expressed his opinion that in some instances, vagueness is good. Discussions regarding general areas of the Code that should be reviewed ensued. Mayor Imburgia summarized the discussion, indicating that the Council is in agreement regarding the need for professional planners. He suggested that the Village Manager and the Planning & Zoning Board develop a strategy. Mr. Couzzo stated that the Planning & Zoning Board should choose a planner that they will feel comfortable working with. Mr. Heffernan suggested that the Planning & Zoning Board, as well as the Code Enforcement Board, determine areas of the Code which need review and/or additions. These recommendations should be forwarded to Mr. Couzzo and brought before the Council for appropriating the funds. Mayor Imburgia stated that if funds were available within the existing budget, Mr. Conz7o should contract for a review of the Code. The Council expressed their thanks to staff, Board members and residents in attendance. An additional Council Workshop Meeting was tentatively scheduled for Saturday, April 13, 1996 at 9:00 A.M. to discuss topics which were not covered during this Workshop session. The Saturday, March 2, 1996 Council Workshop was adjourned at 1:05 P.M. it a,h a Barbara A. Fugazzi, Village Clerk Page 6