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10-03-1996 Special MeetingMIAMI SHORES VILLAGE SPECIAL COUNCIL MEETING OCTOBER 3, 1996 A special meeting of the Village Council was held on Thursday, October 3, 1996 at the Miami Shores Country Club, commencing at 7:18 P.M, with the following members present: PRESENT Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT Michael R. Comm, Jr. Barbara A. Fugazzi Mark S. Ulmer STAFF PRESENT Tom Benton Frank LuBien William Nelson Mildred Ramos Patricia Varney Michael Zoovas Mayor Imburgia read a statement into the record regarding the protocol for the public hearing portion of the meeting. He indicated that there was a speaker sign-up sheet in order for people to sign in if they wish to speak during the public comment portion of the meeting. He stated that people would be called upon to speak in the order which they signed up and there would be a time limit of 5 minutes per speaker. Mayor Imburgia then introduced the Council. Mayor Imburgia asked if there was anyone present representing the property owners or to speak regarding the commercial area on Biscayne Boulevard. A resident from the Bel Mar subdivision asked repeatedly if the residents of Bel Mar would be allowed to vote on whether or not to be annexed into Miami Shores Village. After Mayor Imburgia and Mr. Conz7o reminded the resident that there is a protocol for the meeting, Mr. Co»z7o stated that the residents would have an opportunity to vote on the issue when, and if, the County chooses to allow the annexation to move forward. Mr. Heffernan asked that the Village Clerk read the caption of the Resolution in reference to the commercial area into the record. The Clerk read the caption of the Resolution as follows: A Resolution of the Miami Shores Village Council approving the initiation of a proposed municipal boundary change pursuant to Section 20-3, Metropolitan Dade County Code, for a commercial area located to the west of Biscayne Boulevard, east of N.E. 12th Avenue, South of N.E. 108th Street, and north of N.E. 105th Street. Mr. Heffernan moved to adopt the Resolution. Mr. Sastre seconded the motion. Mayor Imburgia invited the public to speak in reference to the proposed annexation of the commercial area. No one responded. Mr. Heffernan explained that the Council has received a study regarding the commercial area and as there are no property owners present representing the affected area, he believes that the application can be forwarded to the County Commission per the Resolution. Mr. Boyle further clarified that there are two issues before the Council, one being the Kmart corner and the other being Bel Mar. The area being discussed at the present time is the Kmart corner. Mr. Boyle stated that all property owners had been notified of the public hearing, but none were present. The vote was taken and was unanimous in favor. A woman from the audience indicated that she had misunderstood the Mayor's call for public comment and wished to speak regarding the commercial area. Mayor Imburgia again invited the public to speak in reference to the proposed annexation of the commercial area. Elizabeth Zern Questioned the fact that no additional costs were involved to the police department or the code enforcement department in reference to annexing the commercial area. T. F. Chambers Mr. Chambers indicated that the Miami Shores Police Department needs to pass by the affected area on their way to calls in the area behind Kmart so there would be no new costs. Kathy Emery Ms. Emery spoke about the Community Councils that are being formed. Mr. Couzzo stated that due a mutual aid agreement with Metro Dade, the Village currently responds to police calls in the commercial area. Additionally, he indicated that the Village's code enforcement department, in cooperation with Team Metro, works on code enforcement issues. Mr. Heffernan spoke about the Community Councils and indicated that the Miami Shores Village Council would move to submit the annexation application to the County, as there were no affected property owners in attendance to indicate they opposed the annexation. Mr. Couz7o introduced the Village staff, and reiterated to the audience that the public hearing was the beginning of a very long process, involving numerous Dade County Departmental reviews and public hearings, and ultimately, a special election. Mr. Couz7o advised that the Marketing Director, Mildred Ramos, would be making the formal presentation to the Council and those in attendance. Page 2 Mildred Ramos gave a brief summary of the information contained within the presentation packages. She indicated that there were copies of the presentation information available for the public located at the rear of the room. Ms. Ramos clarified for the audience, two major points which were contained within the information mailed to the affected area of Bel Mar. One is the issue of street closures (barricades). Ms. Ramos advised that Dade County has adopted new regulations with regards to street closures and the County makes the ultimate decision as to whether a street may be closed. Secondly, Ms. Ramos stated that it was not the Village's intent to imply that Dade County would abandon the Unincorporated areas of Dade County with regard to providing services to them. In the information which was mailed to all affected residents in and around Bel Mar, there was an area which addresses Bel Mar's options if they choose not to be annexed by Miami Shores Village. It was stated that Bel Mar residents could remain as an Unincorporated area and continue to receive the same level of service. The information went on to say that the length of time the services will continue is uncertain. Ms. Ramos again stated that the County will not be abandoning services in the Unincorporated enclaves. Mr. Couz7o repeated the protocol for the public comment, stating that individuals will be called according to the sign-up sheet and that answers to any questions would be provided at the conclusion of the public comment portion of the meeting. Mayor Imburgia opened the floor for public comment. Mike Brescher Mr. Brescher indicated he was against annexation due to the higher tax rates. He also stated that the Metro police provides better response times than those listed in the statistical information. Darry Swartz Mr. Swartz stated he is against annexation and questioned the mill rate provided in the presentation package. Norman Pascarella Mr. Pascarella is opposed to annexation. Ross Milloway Mr. Milloway is opposed to annexation. Archie Hernandez Mr. Hernandez stated that he is opposed to annexation as he has heard that code enforcement officers enter your home to assess code violations. Jack Garabedian Mr. Garabedian stated he is opposed to annexation as he does not want Miami Shores Village telling him what color to paint his house. John Stubbs Mr. Stubbs stated he is opposed to annexation. Virginia Pascarella Mrs. Pascarella stated she is opposed to annexation. She stated that she feels very safe in Bel Mar and alerted the Village to a real estate sign that does not meet the size requirements according to the Village's Code. Mary Kay Troske Ms. Troske indicated she is opposed to annexation and feels very safe in Bel Mar. She stated that her home is hers. Page 3 Manuel Fente Julie Garcia-Ferinos Betty Zern Harvey Kaplin John Scheve Robert Oxsalida Tom Harrington Kathy Emery Walter Baggesen Chuck Katan Dawn Halliday John Van Leer Anthony Gold Diane Gomez Carol Cord Joel Levy Mr. Fente stated he is in favor of annexation. Ms. Garcia-Ferinos indicated she is opposed to annexation. Ms. Zern (Miami Shores Village resident) asked about the impact on existing Village residents, specifically the police response times. Mr. Kaplin stated that he is undecided and spoke of the police response and back-up. Mr. Scheve stated he was opposed to annexation due to higher tax rates. Mr. Oxsalida stated he is in favor of annexation. Mr. Harrington indicated he was in favor of annexation. Ms. Emery stated she was opposed to annexation and called attention to a Miami Shores Village neighbor whose property is overgrown. Ms. Emery also asked whether the Village is "cherry picking" with the Bel Mar Estates. Mr. Baggesen stated he is opposed to annexation and cited numerous specific code scenarios as examples for why he is opposed. Additionally, Mr. Baggesen stated there has been an increase in metro police presence. Mr. Katan stated he is undecided regarding annexation. He inquired if there had been a previous annexation by the Village. Ms. Halliday stated she is in favor of annexation. Mr. Van Leer stated he is undecided regarding annexation. Stated that a guard house should be investigated versus barricades. Mr. Gold stated he is opposed to the annexation. Ms. Gomez stated she is in favor of annexation and is concerned regarding her safety. Mrs. Cord stated she was attacked in Bel Mar and that her neighbors responded and assisted her. She is opposed to annexation, stating the Village police could not have helped her. Mr. Levy stated he is against annexation and questioned the meeting notice requirements. Page 4 Annabelle Delgado Ms. Delgado indicated she is in favor of annexation. Ken Lipner Mr. Lipner stated he is undecided. He questioned grandfathering the codes and spoke of rental properties and the difference in tax rates. Ed Harrigan Mr. Harrigan (Miami Shores Village resident) spoke of the utility taxes which Dade County retains. Mark Harrington Mr. Harrington stated he is in favor of annexation. Frank Rodriquez Mr. Rodriquez stated he is in favor of annexation. Ronald Eefting Mr. Eefting is opposed to annexation. Eilene Otero Mrs. Otero stated that she is in favor of annexation and indicated that the increased metro police patrols are due to the constant efforts of a few Bel Mar residents to get increased protection. Mike Blanco Mr. Blanco stated that he is in favor of annexation, indicating that Bel Mar has gone downhill over the last number of years. Nina Boniski Ms. Boniski stated she is in favor of annexation. Carol Griffin Ms. Griffin (Miami Shores Village resident) stated that the neighbors in Miami Shores Village are as responsive as those in Bel Mar. Robert Ingria Mr. Ingria stated he is in favor of annexation and asked about the use of revenue which is not offset by expenses. Eugene Colson Mr. Colson (Miami Shores Village resident) stated that until he was cited by Code Enforcement, he had thought his property was well maintained. He went on to say however, that because he saw the property every day, he was not aware of its deterioration until he took care of the violations. Arthur Cord Mr. Cord stated he is opposed to annexation. Alice Kellogg Ms. Kellogg lives in Davis Harbor and is a real estate agent. She stated that homes in the Bel Mar area are difficult to sell and that property values are definitely higher in Miami Shores Village. Tom Bergone Mr. Bergone stated he lives just outside Bel Mar but is in favor of Bel Mar being annexed by Miami Shores Village. Inga Garcia Ms. Garcia stated she is in favor of annexation. Page 5 John Rendzia Mr. Rendzia stated he is in favor of annexation but questions whether an additional police officer to the existing force will be enough. Mayor Imburgia closed public comment as there were no additional individuals who wished to speak. Mayor Imburgia called a recess in order for the Village administration to collate questions to be answered. Mayor Imburgia reconvened the meeting at 10:10 P.M. At the conclusion of the recess, Mr. Couz7o responded to the questions raised during the public comment portion of the meeting. 1) To clarify the mill rate quoted in the information mailed to Bel Mar and the surrounding area, Mr. Couz7o stated that the difference between Miami Shores Village mill rate and what residents of Bel Mar are paying is 6.124 mills. The current Miami Shores Village mill rate is 8.74. 2) Code Enforcement officers do not enter residences or private property to assess violations. 3) The County discourages "cherry picking" and the Village expects to be required to look at the areas both south and west of the Bel Mar Estates Subdivision for possible annexation. 4) Mr. Couz7o indicated that he is not prepared to respond to the "grandfathering" issue this evening as this is a question which the Council will need to address in the future. Specifics from the audience were asked, i.e. flat roof/shingle roof versus tile roof requirements. 5) The Village Clerk responded regarding the meeting notice, stating that an ad had appeared in the 9/26/96 Miami Herald and that notices had been mailed in accordance to the Dade County Metropolitan Code. 6) Regarding the question of "excess" revenues, Mr. Couz7o stated that through the budget and millage rate evaluation process, the Council votes on how to expend all revenues. 7) There had been a question raised regarding school district changes. Mr. Couz7o stated that he was unable to respond to the question without further research. 8) In reference to the police services, Mr. Couzzo asked Chief Michael Zoovas to explain the rational for one additional officer. Chief Zoovas indicated factors such as the mutual aid agreement, existing manpower, and shift coverage to assure the residents that optimum levels of service will be maintained and provided. 9) Regarding canal cleaning, Mr. Coi»7o stated that additional research would need to be done, and ultimately the Council would choose, during the budget process, whether to provide this service. Page 6 10) Clarification was once again provided regarding Bel Mar's options if they vote not to be annexed by Miami Shores Village. As stated earlier, Mr. Couz7o reiterated that the County is obligated to provide services to all Unincorporated areas and has no intention of discontinuing any services. 11) In reference to the possibility of barricading certain streets, this alternative can be looked at, however, the ultimate decision now lies with Dade County per new regulations. 12) The Miami Shores Village annual rate for residential garbage pick-up is $420.00. Mr. Conz7o asked Tom Benton to tell the audience the level of service provided. Mr. Benton indicated that the annual fee provides for twice weekly garbage pick-up, once weekly recycling pick-up for glass, plastics and newspapers, and approximately twice monthly bulk trash pick-up. 13) In response to the question regarding a previous annexation, Mr. Couzzo stated that according to the Clerk, an annexation has not been completed in the recent past. Mr. Heffernan addressed the issue of grandfathering of codes and subsequent to dialogue between the Council and those in attendance, the process of building code compliance was confirmed regarding variance requests to allow for non -conforming residences, i.e. flat or shingle roofs. Mayor Imburgia expressed the fact that Dade County is actively looking, as reported by the Miami Herald, for building violations such as performing work without permits. County personnel have been citing residents in the Kendall and Coral Gables area and are reportedly covering the County sector by sector. Mr. Boyle spoke of the Miami Shores Police Department services, stating that the current level of metro coverage is unusual and probably will not continue on a regular basis. Mr. Boyle also spoke of the County's revenue sharing proposal. Mrs. Ross Agosta stated that a Village department which had not been mentioned during the course of the evening was the outstanding Recreation Department. Mrs. Ross Agosta named several important events which the Recreation Department coordinates, including Halloween Howl. She invited Bel Mar residents to attend. Mrs. Ross Agosta mentioned that a number of residents spoke of their neighbors in Bel Mar. She reminded the audience that it only takes one new neighbor to move in to change the entire neighborhood, i.e. commercial vehicles, operating a repair shop in a garage, painting a house a neon color, etc. Mrs. Ross Agosta emphasized that the Village's Codes help to alleviate these potential problems. Mr. Sastre stressed the importance of being informed and looking at long term issues. Mr. Sastre stated that he has spoken to a number of Bel Mar residents who are in favor of annexation and he believes it to be a positive move to submit the application to the County. Page 7 Mayor Imburgia stated that the public hearing this evening is the first step in a long process. He stated that if the Council elects to submit the application, it does not guarantee that annexation will eventually follow. Mr. Heffernan, in reference to additional revenues which would be collected should Miami Shores Village be successful in annexing Bel Mar, stated that the revenues would benefit everyone in the community. Mr. Heffernan stated that he has confidence in the services and personnel of Miami Shores Village. Mr. Heffernan asked the Village Clerk read into the record the proposed Resolution regarding Bel Mar. The Village Clerk read the caption of the Resolution as follows: A Resolution of the Miami Shores Village Council approving the initiation of a proposed municipal boundary change pursuant to Section 20-3, Metropolitan Dade County Code, for Bel Mar Estates Subdivision. Mr. Boyle moved adoption of the Resolution. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. The special meeting of the Miami Shores Village Council was adjourned at 11:15 P.M. cma Barbara A. Fugazzi, Vi k Page 8 Louis S. Imburgia, r., Mayor