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01-05-1999 Regular Meeting• • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Village Council took place on Tuesday, January 5, 1999 at the C. Lawton McCall Community Center, commencing at 7:30 PM with the following members present: PRESENT: Mayor Agosta Michael Boyle Louis Imburgia Stephen Loffredo Cesar Sastre ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney PRESENTATIONS: Mayor Agosta announced the winners of the Annual Holiday Lighting Contest, presenting certificates to those in attendance. Mr. Fred Damianos provided an "information update" regarding the Charter School, indicating that 51% of the enrolled students are Miami Shores Village residents. Additionally, Mr. Damianos addressed the School's proposal to Barry University for a 2 1/2 acre parcel of land in order to house the expanding facility. CONSIDERATIONS 1. CONSENT AGENDA A. APPROVAL OF THE DECEMBER 1, 1998 REGULAR COUNCIL MEETING MINUTES. B. AWARD OF BID IN THE AMOUNT OF $112,112.00 TO PALMETTO FORD TRUCK SALES, INC. FOR TWO (2) 1999 DIESEL POWERED CAB OVER TRASH TRUCKS. Mr.. Sastre moved to approve the Consent Agenda, items 1A and 1B. Mr. Imburgia seconded the motion and the vote was unanimous in favor. • 2. VILLAGE COUNCIL Michael Boyle A. DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE MIAMI SHORES VILLAGE CHARTER PERTAINING TO GUARD GATES, AND THE PLACING OF SUCH A PROPOSED CHARTER CHANGE ON THE APRIL, 1999 BALLOT FOR ALL QUAL.W.LhD VILLAGE RESIDENTS TO EITHER PASS OR REJECT. Mr. Boyle provided background information regarding his proposed Charter Amendment, detailing the previous occasions when the issue of erecting a guardgate was discussed. Mr. Boyle indicated that although the present Council had stated their non -supportive opinions as to the construction of a guardgate, residents of the Sunny Shores area have been moving forward. Mr. Boyle stated that he had compromised when not pushing for a Village wide ballot question at the November election when the pool bond issue was voted upon, and is happy that the bond issue passed. Mr. Boyle read his proposed Charter Amendment, indicating that it is his purpose to allow for all residents to vote on this type of issue (creating a special taxing district for a guardgate or police protection services), rather than just some residents. He gave past examples when of all the residents voting on issues such as the barricades, the Shores Performing Arts Theater, and the Bond for the new aquatic facility. Mr. Boyle moved that Miami Shores Village place on the April, 1999 election ballot a proposal to 1111 amend the Village Charter as outlined. Mr. Imburgia seconded the motion. Mayor Agosta opened the floor for Public Comment with a one hour total allotment of time, providing each speaker with three (3) minutes to comment. Gary Goodenow In favor of Charter Amendment. He expressed his concerns regarding future property appraisals if appraisers cannot compare the value of homes between those within the gated area and those outside the gated area. Anthony Martin Mr. Martin stated that he believes gate should be around complete Village in order for the Village not to be separated. Ivor Hegedus Mr. Hegedus stated that if only those individuals within the guardgate area are taxed, he doesn't think he has a problem. Francois Maclellan Mr. Maclellan stated that he is opposed to the Charter Amendment, stating that the east side residents are not trying to separate themselves from the Village. He indicated that the gate would reduce traffic. Jesse Diner • Mr. Diner introduced himself as an attorney who is representing some individuals from the Sunny Shores area. He expressed his opinion that there were legal difficulties with Mr. Boyle's proposed amendment and spoke of the Florida Constitution and the Miami -Dade Charter. Mr. Boyle asked if Mr. Diner was a municipal lawyer. Mr. Diner indicated that he is a commercial litigator with experience in land use issues. Page 2 Christian • Bartholomew Sam Michels Mr. Bartholomew stated that it is not a legal question but a political judgement. Mr. Michels likened this issue to the barricade issue, in that everyone was angry about the possibility of barricades but now, years later, people are pleased. He offered the possibility that opinions may change. David Averill Mr. Averill reserved his comments for the next item. Leon Newman Mr. Newman stated that he was in favor of the amendment, indicating that he hoped that all residents would have the opportunity to vote on the issue. Mr. Newman stated his belief that the gate issue attempts to segregate the Village. He stated that the area east of N.E. 1e Avenue does not belong to the residents of that area, but to the entire Village. Teresa Brasac Ms. Brasac spoke about the unfairness of requiring a 415th's vote of the Council. Melody Elliott Ms. Elliott stated her opinion that an issue such as a guardgate should be voted upon by the entire Village. Arthur Rice Mr. Rice stated his opinion that the proposed Charter Amendment would take away the right of the people to form a special taxing district and the stipulations set forth in the Statutes. Dion Sena Mr. Sena offered that the people have a right to self-imposed taxes. Dick Blum Mr. Blum asked why residents would want to pay higher taxes. Jim McCoy Jr. Mr. McCoy voiced his support of Mr. Boyle's proposal. He stated that just because someone has a legal right to do something it does not mean that it is the right thing to do. Ed Harrigan Mr. Harrigan stated that if people want something and are willing to pay for it, let them have it. Annabella Antonacci Ms. Antonacci stated that the residents should not have choice taken away from them regarding their protection. Julie Williamson Ms. Williamson stated that the proposed Amendment restricts the freedom of the residents. Mark Ulmer Mr. Ulmer stated his opinion that a guardgate is an issue for the entire Village and that there are other measures that can be taken besides a guardgate. Page 3 • Gunter Rabini (sp?) Mr. Rabini stated that it is his understanding that what is proposed is against State law. Did everyone in North Miami get to vote regarding Keystone? Attorney Sarafan outlined the basic steps in establishing a special taxing district. Brian Masters Brian Smith Mr. Masters stated his opinion that within the district, maybe people had the right to tax themselves, but individuals have a choice - if they want to live in a gated community, they can move into a gated community. Mr. Smith asked people to think of the effect of residents who live just outside of the guardgate and believes that is why everyone should have the right to vote on the issue. Mayor Agosta closed Public Comment on the issue. Mr. Boyle responded to some of the comments made and clarified his intent with the proposed Charter Amendment (that one area cannot decide to tax another area). Mr. Boyle also commented on Mr. Diner's statements. He indicated that he had both the Village Attorney and another municipal attorney review the proposed Charter Amendment. He believes that his proposal would ensure that the entity which elected the Council would continue and that walls or gates would promote a siege mentality within the area. • Mr. Sastre stated his believe that Mr. Boyle's proposal is unconstitutional and that a Charter Amendment is bad public policy. Mr. Sastre stated that there are other important issues to be dealt with and is concerned with requiring a 4/5th's vote for items before the Council. He stated that he will not support the proposed Amendment Mr. Imburgia indicated that the Village already has a taxing district for protection and it is called the Miami Shores Police Department. He asked people that are actively pursuing the issue to come to the plate and run for election in April. Mr. Loffredo indicated that there are other areas of the Village which are in need of assistance, namely the "Odelle" section of the Village. He stated that he heard a lot of fear in the audience this evening and he cannot support Mr. Boyle's proposal. Mr. Loffredo stated that he does not believe that a special taxing district (guardgate proposal) belongs in the "Form of Government" section of the Village Charter. He stated that a guardgate will greatly impact those properties immediately surrounding where the gate would be constructed. The areas of crime, traffic and parks need to be addressed. A Charter Amendment would tie the hands of future Councils and he does not believe this should be done. Mr. Boyle again clarified that the proposed Amendment would not eliminate the possibility of either a special taxing district for police protection, but would require a 4/5th's vote to authorize. a Page 4 • • Mayor Agosta stated her unease with tinkering with the Charter. She stated that it has worked well for over 60 years and will not support Mr. Boyle's proposed Amendment. A roll call vote was taken with the following results: Councilman Loffredo Opposed Councilman Sastre Opposed Councilman Imburgia In Favor Vice Mayor Boyle In Favor Mayor Agosta Opposed The motion did not pass. Mayor Agosta called for a short recess at 9:10 PM and the meeting reconvened at 9:45 PM. 3) VILLAGE CLERK Barbara Fugs77,i A. AN ORDINANCE APPROVING CREATION OF SPECIAL TAXING DISTRICT BY MIAMI-DADE COUNTY A PORTION OF THE VILLAGE OF MIAMI SHORES, FLORIDA, FOR PURPOSE OF PROVIDING TWENTY- FOUR (24) HOUR STATIONARY SECURITY GUARD SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE MIAMI-DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF GUARDHOUSE FACILITY AND OPERATION OF TRAFFIC CONTROL DEVICES; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN VILLAGE AND METROPOLITAN MIAMI-DADE COUNTY, PROVIDING EFFECTIVE DATE AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. This item has been placed on the Agenda at the request of Councilman Sastre. Mr. Sastre asked that Attorney Jesse Diner be allowed to speak prior to the Clerk reading the Caption of the Ordinance. Mr. Diner indicated that individuals from the Sunny Shores Association have taken to heart the comments made by Mr. Loffredo and the other Council - members. He requested that the issue be tabled for further study on possible alternatives and that the group will be back at a later date. Mr. Sastre moved to table the item. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 4. ANNOUNCEMENTS Page 5 • • • 5. PUBLIC COMMENTS Bob Williamson Mr. Williamson stated that he and Mr. Boyle are in agreement on one item - the right of citizens to vote. Betty Lasch Ms. Lasch complimented the Council on the decision to hear both sides of the issue. Theresa Brasac Ms. Brasac spoke about the problems at the Park which need to be addressed. T.F. Chambers Mr. Chambers suggested the possibility- of a wall and gate similar to what is on 105th Street. Spero Canton Mr. Canton stated that the issue is emotional, just as the barricade issue had been, and commended the Council on the way it was handled. Bekky Leonard Ms. Leonard announced that there would be a Property Owner's Meeting on January 18, 1999 at 7:00 PM. 6. COUNCIL COMMENTS Steve Loffredo Mr. Loffredo thanked Mr. Boyle for taking the time and effort to bring this item before the Council for discussion. He also thanked Mr. Sastre for his statesmanship and Mr. Imburgia and the Mayor for their comments. He thanked the audience for the cooperative demeanor and efforts. Cesar Sastre Mr. Sastre praised everyone present as it is an emotional issue but everyone was professional. He reiterated the need to deal with the problems and questioned the Mayor regarding procedure for addressing these concerns in the future. Louis Imburgia Mr. Imburgia stated his belief that the Village is loaded with heart and that we need to look at alternatives to a guardgate. Michael Boyle Mr. Boyle stated that due to the vote this evening, he will not bring the issue back before the Council, but he expressed his belief that the Council is spinning its wheels on the gate issue. Mr. Boyle then read into the record a letter addressed to the Village Clerk, announcing his resignation for the Council effective the close of business 1/18/99. Mayor Agosta Mayor Agosta expressed her thanks for Mr. Boyle's dedication and service to the Village and to the Council. Mayor Agosta made announcements pertaining to upcoming Mayor's Task Force sponsored events and wished everyone a Happy New Year. Page 6 • • • 7. ADJOURNMENT The January 5, 1999 Council Meeting was adjourned at 10:00 PM. Barbara A. Fugazzi, CMC Village Clerk Page 7 Mary Ross Agosta, Mayor