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05-21-1996 Regular MeetingMIAMI SHORES VILLAGE COUNCIL MEETING MAY 21, 1996 The regularly scheduled Village Council Meeting was held on Tuesday, May 21, 1996 at the Village Hall, commencing at 7:35 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Couz7o, Jr. Barbara Fugazzi Mark Ulmer PRESENTATIONS: The Village Clerk distributed the Council member's pay for the past year. Judge Taylor presented the Mayor with two American Flags which have flown over the Capital in Washington, D.C. CONSIDERATIONS: ITEM #1 CONSENT AGENDA A. MINUTES Mrs. Ross Agosta asked for clarification regarding acceptance of minutes pending approval from the Planning & Zotung Board Meeting of May 9, 1996. The Village Clerk indicated that according to the Sunshine Laws, minutes of meetings do not need approval, but are considered the record of the meeting as soon as completed. Mr. Sastre stated that he would like to add the following to the April 16, 1996 Council Meeting Minutes: Page 2, Item 3 - Mr. Sastre asked why the Legislature is proposing the change, as he indicated that he is uncomfortable opposing or supporting any legislation that he had not had the opportunity to review and research. Mr. Heffernan moved approval of the Consent Agenda as amended. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #2 PLANNING & ZONING Mike Sprovero A. REQUEST FOR APPROVAL OF REMODELING & EXTERIOR RENOVATIONS. Angelo P. Thrower, M.D. 180 N.E. 99th Street Mr. Sprovero explained the item, indicating that the proposed renovations had been approved by the Planning & Zoning Board on May 9, 1996. Mr. Heffernan asked if the Council had not previously considered this item. It was determined that the proposed renovations had not been presented previously. Mr. Heffernan asked for clarification as to why this item was before the Council. Mr. Ulmer stated that because the property is in the Downtown, B-1 District, all exterior renovations must be approved by the Council. Mr. Sprovero outlined the proposed changes, primarily, the enclosure of two existing doorways. Mayor Imburgia asked if the new plans met the life safety standards. Mr. Sprovero stated that the plans had been through the approval process with Dade County Fire, HRS, etc. Mr. Sastre moved approval of the proposed remodeling and exterior renovations. Mr. Heffernan seconded the motion and the vote was unanimous in favor. ITEM #3 VILLAGE MANAGER Michael R. COnz70, Jr. A. DISCUSSION AND POSSIBLE ACTION REGARDING FUNDING THE POLICE DEPARTMENT BUILDING RENOVATIONS. Mr. Couzzo related the history involved in financing the proposed renovations. Mrs. Varney outlined the differences between the proposals submitted from various lending institutions. Mrs. Varney stated that she recommends that the Council obtain the necessary financing from Barnett Bank. Mayor Imburgia stated that the interest rate of 4.99% is excellent. Mr. Heffernan stated that because the financing is tax free, the bank can discount the interest rate. Discussion regarding clarification of the proposed terms ensued. Mrs. Varney stated that if approved, a formal resolution will be brought before the Council at the next Council Meeting. Mr. Heffernan moved to accept the terms which Barnett Bank has proposed and directed the Village Manager to go forward with the documentation of the loan and to bring back a resolution for formal approval. Mrs. Ross Agosta seconded the motion. Mrs. Ross Agosta requested that the Village obtain guaranties from Barnett Bank that the proposed terms will not alter prior to closing. Mr. Heffernan concurred with Mrs. Ross Agosta and stated that in order to protect the Village, Mrs. Varney should get a commitment from Barnett Bank in writing. The vote was called and was unanimous in favor. Page 2 ITEM #4 VILLAGE CLERK Barbara Fugazzi A. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ACCEPTING THE RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD TO DESIGNATE THE PROPERTY AT 145 N.E. 94TH STREET A MIAMI SHORES HISTORIC LANDMARK AND INSTRUCTING THE VILLAGE CLERK TO RECORD THE HISTORICAL LANDMARK COVENANT IN THE PUBLIC RECORDS OF METROPOLITAN DADE COUNTY. The Clerk read the caption of the Resolution. Mr. Warren Bittner was present as Chairman of the Historic Preservation Board. The homeowner, Mrs. Myrlene Macera was present on her own behalf. Mr. Bittner explained the background of the home and the historical significance, stating that the home was designed by the first registered woman architect in Dade County. Mrs. Macera spoke briefly regarding her home. Mr. Sastre moved to adopt the Resolution to designate the property at 145 N.E. 94th Street an Historic Landmark. Mr. Heffernan seconded the motion and the vote was unanimous in favor. B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ACCEPTING THE DONATION OF $200.00 IN PRIVATE FUNDS, RAISED BY THE HISTORIC PRESERVATION BOARD, TO BE USED FOR THE ERECTION OF A "SHORELAND BOULEVARD" CO -DESIGNATION STREET SIGN, AND INSTRUCTING THE VILLAGE MANAGER TO FORWARD SAID FUNDS TO METROPOLITAN DADE COUNTY, DEPARTMENT OF PUBLIC WORKS, FOR THE FABRICATION AND ERECTION OF SMD SIGN AT THE INTERSECTION OF N.E. SIXTH AVENUE AND 96TH STREET. The Clerk read the Resolution. Mr. Warren Bittner was present and spoke on behalf of the Historic Preservation Board. Mr. Heffernan moved to adopt the Resolution. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. C. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING ZONING ORDINANCE NO. 270, ARTICLE IV, SCHEDULE OF REGULATIONS; PROVIDING FOR BOOKSTORES AS A PERMITTED USE IN THE B-2 DISTRICT; PROHIBITING SALES AND DISPLAY OF CERTAIN DEPICTIONS OF SEXUAL CONDUCT IN THE B-2 DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Page 3 The Clerk read the caption of the Ordinance. Mrs. Ross Agosta asked if the contents of the Ordinance contained the same guidelines as the recently passed video store Ordinance or if the Ordinance needs to be more specific. Mr. Ulmer responded that the guidelines were similar and that the language ties the prohibition of sexual conduct to the State Statute. Mr. Ulmer further stated that he has written into the proposed Ordinances a severability clause which makes it a stronger Ordinance than the video store Ordinance. This means that if the definition of "obscenity" is found to be unconstitutional, the Miami Shores Village Ordinance would be void. Mr. Heffernan asked if the proposed amendment includes the downtown (Second Avenue) area. Mr. Couz7o stated that B-2 does not include downtown area. Mr. Heffernan asked if there was a reason that the B-1 District was excluded and wondered if B-1 could be added to the proposed amendment. Mr. Ulmer stated that he was asked to draft an Ordinance to allow for bookstores. The issue of the procedures for bringing proposed Ordinances before the Council was discussed among the Council. Clarification regarding the purpose of a First Reading of an Ordinance was offered by Mr. Conz7o, Mr. Ulmer and the Village Clerk. Mayor Imburgia stated that the request to amend the Ordinance was made by him, indicating that the possibility exists for a major bookstore chain to be interested in coming to Miami Shores. Mr. Sastre stated that he had received some telephone calls regarding this Ordinance subsequent to the advertising and reiterated the awkwardness of the situation. Mrs. Ross Agosta stated that with the video store Ordinance, the "cart was before the horse", as Blockbuster had stated their definite wish to locate in the Village. She stated that the Village is allowing for a time buffer in this instance. Mr. Heffernan stated that he wanted to clarify for the residents that he is neither for nor against a bookstore, but wants to ensure that the Village is protected against smut. Mr. Couz7o advised the Council that there is no requirement regarding when the second reading of the Ordinance needs to be heard by the Council. Mr. Heffernan and Mayor Imburgia both stated that Mr. Ulmer has enough information to amend the proposed Ordinance and that input from the Marketing Director should be obtained. Mr. Couzzo stated that a staff analysis will be conducted. Public Comment was invited at this time. Mr. Johnny Wayne spoke about the procedures of adopting an Ordinance. Mr. Boyle moved approval of the Ordinance on the first reading. Mr. Sastre seconded the motion. Mr. Heffernan asked for clarification on approving the Ordinance. Mr. Couz7o stated that changes which were discussed at this evening's meeting will be incorporated into the Ordinance for the second reading. The vote was taken and was unanimous in favor. Page 4 D. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 9-42 (3) AND (5), OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PROVIDING CHARGES FOR A ONCE WEEKLY GARBAGE PICK-UP RATE FOR A ONE -YARD AND/OR TWO - YARD CONTAINER, PROVIDING FOR AN EFFECTIVE DATE. To Be Passed On An Emergency Basis The Clerk read the caption of the Ordinance. Mr. Coi»zo explained the reason for the proposed amendment which allows for an additional level of service to commercial accounts. Mr. Heffernan stated that in his opinion, the back-up information provided for this item was the best he has seen. He expressed his thanks to Michael Conz7o, Tom Benton and Dave Traill.. Mr. Heffernan gave a brief history of the background in relation to the Council's directive to enforce the existing ordinance and bring back accounts which were using private waste haulers. Mrs. Ross Agosta asked for clarification regarding "commercial". Mr. Couzzo stated that the new level of service will be offered to apartments, condos and co-ops, as well as commercial business establishments. The new service does not apply to residential units. Mr. Ulmer stated that the Council needs to accept the memo provided as back-up, as well as the rate study into the record. Mr. Sastre indicated that he believed the decision to enforce the Ordinance was a fair one. Mr. Boyle stated his belief that the decision was long -overdue. Mr. Heffernan moved to adopt the Ordinance on an emergency basis. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. E. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 9-43 (a)(b) OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO WAIVING OF DELINQUENT FEES FOR NEW HOMEOWNERS, PROVIDING FOR AN EFFECTIVE DATE. First Reading The Clerk read the caption of the Ordinance. Mr. Couzzo stated that he is requesting authority to waive delinquent fees for new homeowners who, due to delays in receiving their garbage bills, accrue delinquent charges. Mr. Heffernan asked if only the Village Manager would have authority to waive the fees. Mr. Couzzo stated that per the proposed Ordinance, only the Village Manager would have authority. Mr. Sastre moved to adopt the Ordinance on the first reading. Mr. Boyle seconded the motion and the vote was unanimous in favor. F. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, VACATING THE ALLEY LYING BETWEEN LOT 6 AND LOTS 1 AND 2, BLOCK 16, PLAT OF MIAMI SHORES COMPANY SECTION NO. 1, PLAT BOOK 10, PAGE 36, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. First Reading Page 5 The Clerk read the caption of the Ordinance. Mr. Couzzo explained that the alley to be vacated provides for a larger parcel of land for the police department facilities. Mr. Ulmer detailed the legalities of the vacation, which involves a quit claim deed from the homeowner to the west of the alley and the need to grant FPL a license to continue to use the alley for its power lines. Discussion regarding the placement of a CBS wall ensued. Mr. Heffernan moved to adopt the Ordinance on the first reading. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. G. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 14-32 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO THE ISSUANCE OF OCCUPATIONAL LICENSES; PROVIDING FOR EFFECTIVE DA'Z'E. Second and Final Reading The Clerk read the caption of the Ordinance. The Mayor invited public comment. No one from the public wished to speak on the proposed amendment. Mr. Heffernan moved adoption of the Ordinance. Mr. Boyle seconded the motion and the vote was unanimous in favor. H. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE PORTION OF SECTION 7-2 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO THE NUMBER OF PERSONS APPOINTED BY THE VILLAGE COUNCIL TO THE ELECTION BOARD, PROVIDING FOR AN EFFECTIVE DATE. Second and Final Reading The Clerk read the caption of the Ordinance. Mr. Boyle asked for clarification regarding the proposed amendment. Mrs. Fugazzi stated that as Dade County advises the Village as to the number of necessary pollworkers (election board members) , based on the number of registered voters, the amendment to the Ordinance will adhere to Dade County's direction. Mayor Imburgia called for public comment. No one from the public wished to speak on the issue. Mr. Boyle moved adoption of the Ordinance. Mr. Sastre seconded the motion and the vote was unanimous in favor. I. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, PROVIDING FOR THE ADDITION OF SECTION 17.2.1 CHARGING A FEE FOR PEDDLERS AND SOLICITORS PERMITS, AND AMENDING SECTION 17-4 (a)(b)(c) OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO THE INVESTIGATION OF PEDDLER/SOLICITOR PERMITS, PROVIDING FOR AN EFFECTIVE DATE. Second and Final Reading. Page 6 The Clerk read the caption of the Ordinance. Mayor Imburgia called for public comment. Mrs. Gloria Morrongiello asked if the amendment would prohibit people from soliciting on Sunday mornings, specifically, church groups. Mrs. Fugazzi stated that church groups are exempt from the requirements to obtain a permit. Mrs. Ross Agosta moved to adopt the Ordinance. Mr. Heffernan seconded the motion and the vote was unanimous in favor. ITEM #5 ANNOUNCEMENTS The Clerk read the announcements. ITEM #6 PUBLIC COMMENT Loretta Olson Mrs. Olson spoke of Mike's Place. Ed Harrigan Mr. Harrigan spoke about the amended garbage pick-up Ordinance. Jorge Garcia Mr. Garcia spoke about the problem at the Bay with debris collecting and no mechanism for its removal. He requested that funds be set aside during the budget process in order to facilitate clean-up on a regular basis. A lengthy discussion followed between the Council members and Mr. Garcia, Mr. Couz7o and Mr. Benton, regarding the cause of the problem, possible solutions, the prohibitive costs involved in alternative methods of clean-up, etc. Ricardo Roman Mr. Roman spoke about his property on the bay. Johnny Wayne Mr. Wayne spoke about the problem of the debris at the bay and the possibility of having EPA involvement. Barry Perl Mr. Perl spoke about the mobil patrol coordinator position funded through the police department. ITEM #7 COUNCIL COMMENT Mary Ross Agosta Mrs. Ross Agosta spoke about the recent Read -A -Loud Program and the Shores Performing Arts Theater. Cesar Sastre No Comment Michael Boyle Mr. Boyle invited the individuals who were present regarding the bay clean-up to attend the budget workshop. He also spoke about the garbage Ordinance. William Heffernan No Comment Mayor Imburgia No Comment Page 7 ITEM #8 ADJOURNMENT The Council Meeting of May 21, 1996 was adjourned at 9:45 P.M. Barbara A. Fugazzi, Vi1 age erk Page 8 Louis S. Imburgia, Jr., Mayor