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11-19-1996 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING TUESDAY , NOVEMBER 19, 1996 The regularly scheduled Miami Shores Village Council Meeting was held on Tuesday, November 19, 1996, commencing at 7:30 P.M. with the following members present: PRESENT: Louis S. Imburgia, Jr., Mayor Cesar Sastre, Vice Mayor Mary Ross Agosta William Heffernan Michael Boyle ALSO PRESENT: Michael R. Couz7o, Jr. Mark Ulmer Lisa Kroboth CONSIDERATIONS 1. CONSENT AGENDA A. MINUTES Mrs. Ross Agosta noted that on the Code Enforcement Board minutes of 10/4/96, under new cases, the addresses reflected in the minutes for case 5081 and 5082 were different although the owner appeared to be the same. The clerk noted the address would be checked and corrected. Mr. Sastre asked that in the Council Meeting minutes of 11/5/96, on page 3, Item #3, an addition regarding term limits be made. Specifically, before the motion to adopt the ordinance, the following be added: "It was agreed that the issue of term limits would be discussed at a future workshop." Mr. Heffernan commended the Code Enforcement Board and Mr. Ulmer on the job they are doing. Mr. Heffernan moved to approve the Consent Agenda as amended. Mrs. Ross Agosta seconded the motion. The vote was unanimous in favor. Council Meeting November 19, 1996 Page 2 2. BUILDING & ZONING Frank LuBien/Mark Ulmer A. ACTION ON PLANNING BOARD RECOMMENDATION/VARIANCE AND APPROVAL OF VARIANCE CONDITION REGARDING GARAGE ENCLOSURE. Applicant: Angela Jacobs Property: 25 N.E. 108th Street Mr. Ulmer explained that the application came before the Planning & Zoning Board as a request for a variance which was subsequently granted upon the condition that the proposed egress be relocated to the side of the garage. Upon reviewing the matter, Mr. Ulmer referred to Section 523 of the Code of Ordinances which states that the Planning & Zoning Board is to merely make a recommendation to the Village Council who will then determine whether the application may be approved. Ms. Angela Jacobs was present on her own behalf. She stated that the condition imposed by the Planning & Zoning Board is not feasible for the reasons stated in her letter of appeal. Mr. Sastre noted that the enclosure is in the rear of the property which should not have any impact on the harmony of the neighborhood. Mr. Sastre stated that he would support the enclosure as submitted by the applicant with the deck extended to the rear of the enclosure and with the landscape buffer. Mr. Boyle arrived at this time. Mrs. Ross Agosta inquired if the applicant had alluded to the possible enclosure when purchasing the home. Ms. Jacobs stated that the home was previously owned by HUD and was bought as is. Mrs. Ross Agosta asked the Village Attorney if the Council was to act only on the Planning & Zoning Board's recommendation. Mr. Ulmer explained that the Board acted in an advisory capacity on this application and the Council is not bound to follow that recommendation. Mr. Sastre asked if there would be any precedent set if the application was approved. Mr. Ulmer explained that the Planning & Zoning Board has three major concerns when addressing garage enclosures: off street parking, aesthetics and conversion capability into a rental unit. He noted that the Board is currently drafting an ordinance related to garage enclosures. Mr. Boyle asked the applicant if anyone currently resides at the home. Ms. Jacobs stated there was not. He asked if the applicant intended to reside at the home rather than fix it up for resale. Ms. Jacobs stated she intended to stay for a while. Mr. Heffernan requested the Village Attorney propose language for a motion to approve the application. Mr. Ulmer recommended that the motion be to find the submittal from the applicant in harmony and to direct the Building Official to issue the appropriate permit. Mr. Sastre so moved. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Council Meeting November 19, 1996 Page 3 3. MAYOR IMBURGIA A. DISCUSSION AND POSSIBLE ACTION REGARDING RECESSING THE DECEMBER 17, 1996 COUNCIL MEETING. Mayor Imburgia passed the gavel to Vice Mayor Sastre in order to present this item. Mayor Imburgia stated that due to the hectic holiday season, it may be appropriate to recess the December 17, 1996 meeting. Mayor Imburgia moved that the December 17, 1996 regularly scheduled Council meeting be recessed until the first regularly scheduled Council meeting of 1997. Mr. Heffernan seconded the motion. Mr. Couz7o recommended that the Council consider setting an annual calendar for the year to address such recesses as summer and holidays. The vote was unanimous in favor. The gavel was passed back to the Mayor. 4. VILLAGE CLERK Barbara 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 1, 1996 AND SEPTEMBER 30, 1997, PROVIDING FOR AN INCREASE IN PENSION BENEFITS FOR RETIRED POLICE OFFICERS; PROVIDING FOR AN EFFECTIVE DATE. First Reading The Mayor called for public comment at this time. As there was none, Council discussion ensued. Mr. Heffernan noted that the ordinance was part of the PBA negotiations. He informed the Council that although he is not opposed to a defined benefit plan, there is a growing trend towards defined contribution plans. Mr. Heffernan expressed some concern regarding the future cost effects to the Village. Mr. Boyle agreed with Mr. Heffernan in so far as the Council should be more educated on the Pension plan and the effects of contract negotiations on it. Mr. Couz7o noted that the current Pension plan is actuarially sound, but it is a good practice to review the plan. Mr. Heffernan moved to approve Item #4A. Mrs. Ross Agosta seconded the motion. The vote was unanimous in favor. Council Meeting November 19, 1996 Page 4 B. AN EMERGENCY ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, PROVIDING FOR AND IMPOSING A SIX MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WIRELESS TRANSMISSION AND TOWER FACILITIES WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE; PROVIDING FINDINGS OF FACT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND, PROVIDING FOR AN EFFECTIVE DATE. Mr. Ulmer explained that the issue relates to federal legislation that was passed this year regarding antennas. The Village Code does not specifically address relative issues regarding antennae. This ordinance would impose a six month moratorium on the issuance of permits to allow the Village to study of the impact of the antennae. Mr. Sastre moved for approval of Item #4B. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Discussion regarding Code revision ensued. It was the recommendation of the Village Attorney to use the Village planning consultants to review the effects of the antennae. Mr. Heffernan asked that a list be complied as to the progress of the Code revisions. Mr. Ulmer noted that the agenda Item #2 reflects the incorrect address of the applicant. The record should reflect the correct address to avoid the issuance of a permit to the incorrect address. It should be 25 N.W. 108 Street. 5. ANNOUNCEMENTS: The Recording Secretary read the announcements. 6. PUBLIC COMMENTS Prospero Herrera Mr. Herrera spoke of the Neighbors article of 11/14/96 regarding the Biscayne Kennel Club. 7. COUNCIL COMMENTS Mary Ross Agosta Mrs. Ross Agosta congratulated Mrs. Leon Newman on the article describing her dedication as a volunteer work as described in the Neighbors. She commended the Police Department on the Halloween Howl haunted ride. Mrs. Ross Agosta thanked TCI cable for obtaining the SportsChannel. Council Meeting Cesar Sastre William Heffernan Michael Boyle November 19, 1996 Page 5 Mr. Sastre spoke about the upcoming Thanksgiving Service to take place on November 27, 1996 at St. Rose of Lima at 7:00 P.M. Mr. Heffernan inquired as to the status of the annexation applications submitted by the Village to the County. Mr. Boyle spoke of the Revenue Sharing which was rejected during the last election. He also spoke of residential concern regarding the service received at Publix. All Council members wished everyone a Happy Thanksgiving. 8. ADJOURNMENT The Council Meeting of November 19, 1996 was adjourned at 8:40 P.M. Eliza , eth A. Kroboth, Recording Secretary