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06-01-1999 Regular MeetingMIAMI SHORES VILLAGE • REGULAR COUNCIL MEETING • The regular meeting of the Miami Shores Village Council was held on Tuesday, June 1, 1999 at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Vice Mayor Blum Al Davis Steve Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney ABSENT: Mayor Mark Ulmer CONSIDERATIONS 1. VILLAGE CLERK Barbara Fugazzi A. APPROVAL OF THE MAY 18, 1999 REGULAR COUNCIL MEETING MINUTES AND THE MAY 24, 1999 COUNCIL WORKSHOP MEETING MINUTES. Mr. Loffredo moved approval of the submitted Minutes. Mr. Davis seconded the motion. Vice Mayor Blum asked for an amendment to the May 18, 1999 Minutes, page 4, paragraph 1 as follows: Mr. Blum agreed with Mr. Loffredo's suggestion except he felt we should be requiring more. The Village should seek funding for many Village projects as the County will be receiving over $100 million in excess funds if the additional sales tax is successful. The vote to approve the Minutes as amended was unanimous in favor. B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, CREATING A CITIZEN ADVISORY TASK FORCE TO CONSIDER REDEVELOPMENT PROPOSALS INCLUDING THE DESIGN CHARRETTE, PROVIDING FOR APPOINTMENT THERETO AND A CHAIRMAN THEREOF AND ESTABLISHING A DEADLINE FOR THE TASK FORCE REPORT TO THE COUNCIL. The Clerk read the Caption of the Resolution. Ms. Agosta moved approval of the Resolution. Mr. Loffredo seconded the motion. Vice Mayor Blum asked for Public Comment and hearing none, closed Public Comment. Mr. Loffredo confirmed that the appointments will be made during the June 15, 1999 Council Meeting, and suggested a process for the appointments. It was the consensus of the Council to have each Council Member appoint one individual at a time, according to the roll. The Village Manager will either appoint his nominees first or last. The vote was taken and was unanimous in favor of approval. • C. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE FISCAL YEAR 1999-2000 STORMWATER UTILITY BUDGET. The Clerk read the Caption of the Resolution, explaining that the Resolution is a requirement of the Interlocal Agreement that the Village has with the County. Mr. Davis moved approval. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 2. VILLAGE COUNCIL Councilwoman Agosta A. DISCUSSION AND POSSIBLE ACTION REGARDING THE RE - OCCUPANCY ORDINANCE. Ms. Agosta explained her reason for placing this item on the agenda, and offered a brief history of the certificate requirements and the frustrations felt by local realtors. She requested that Mr. Sarafan state his opinion on the Ordinance. Adhering to Robert's Rules, Ms. Agosta moved that the Re -Occupancy Ordinance, as it exists, remain in effect. Mr. Davis seconded the motion. Mr. Sarafan explained the intent of the Ordinance, both from his point of view and of Mayor Ulmer's, who was the Village Attorney when the Ordinance was drafted and adopted. Mr. Sarafan stated that the purpose of the Ordinance is to give the Village a mechanism to help ensure that single family residences remain as single family residences and that there are no health/safety threats at • the properties. Mr. Sarafan further stated that the Ordinance requires obtaining the certificate prior to re -occupancy taking place, and that the matter of who pays the fee for the inspection should be a negotiated issue between the buyer and seller. Mr. Sarafan explained that the Village should not stipulate who should pay the fee, which is why the Ordinance was drafted and adopted with the present language. Mr. Davis asked for the Village Manager's opinion. Mr. Benton stated that it is a very difficult task to determine whether residences have been illegally converted and that the Ordinance represents a tool for the Village to protect the single family residence zoning codes. Ms. Agosta stated that she had been led to believe that the North Miami Ordinance stipulated that the seller pay the inspection fee but that this is not the case. The Council Members expressed their opinions on who should pay the fee and the reasons for their opinions. Discussion also centered around publicizing the Re -Occupancy certificate requirement and the mechanisms by which the Village is notified regarding a change in occupancy. Vice Mayor Blum asked for Public Comment on this issue. Susie Lawson Ms. Lawson indicated that there is a need for a "standard" to be cited and the verbiage needs to be more explicit. She stated her opinion that the Ordinance should require the seller to pay for the inspection fee and spoke about the "tripping mechanism" which alerts the Village. • Page 2 • Abbie Salt • • Ms. Salt stated that she is happy that this has come back before the Council and that the realtors need some direction in order to avoid confusion on the payment issue. Ms. Salt suggested placing a notice in the Attorney's Title Insurance Newsletter. Vice Mayor Blum closed Public Comment. Mr. Sarafan stated that administratively, the Village Staff can notify the various title companies when they call requesting a lien search. Ms. Agosta asked if there was an objection to substituting the same language contained within the North Miami Ordinance, with respect to the responsibility for payment, into our Ordinance. Mr. Sarafan stated that our Ordinance intends not to have the Village enter into the negotiations regarding payment of the inspection fee. The vote was called and was unanimous in favor of the motion to have the Ordinance as it exists, remain in effect. 3. ANNOUNCEMENTS The Clerk read the announcements. 4. PUBLIC COMMENTS Leon Newman Mr. Newman spoke about the Charter School and requested that advance notice be given to the residents if and when the subject of future contributions comes back before the Council. He further stated his opinion that Council Members that either currently have or may have children attend the school should recuse themselves from voting on the issue. Terence Waldron Mr. Waldron spoke about the Memorial Day ceremonies and becoming involved in activities associated with the military. Arthur Rice Mr. Rice stated that he was speaking on behalf of the members of the Sunny Shores Homeowner's Association and requested that a Council Member sponsor an item on the next agenda to approve a special taxing district for the purpose of collecting taxes to fund a roving security patrol. He distributed a copy of a proposed ordinance for review. Kay Doxy Ms. Doxy inquired why the Sunny Shores Homeowner's Association doesn't take funds from the association's dues. Phil Sydow, Sr. Mr. Sydow spoke of the Sunny Shores members. Dick Blum Mr. Blum stated his opinion that the residents and Council have already addressed the issue - at the polls. He stated that not all people who live east of the Boulevard belong to the Sunny Shores Homeowner's Association and not everyone wants to be taxed. Page 3 • r • Alice Burch Ms. Burch spoke of the reasons why people want to set up the special taxing district and that the homeowner's association is not the mechanism to pay for the roving patrol. 5. COUNCIL COMMENTS Al Davis No Comment Mary Ross Agosta Ms. Agosta spoke of her disappointment with the Governor's vetoing of the Village's request for funding. Steve Loffredo Bob Blum Mr. Loffredo spoke about the recent actions of the Planning & Zoning Board as they relate to exterior home colors and that the current trend of darker/deeper colors is not good for property values. Mr. Loffredo also announced that former Mayor, Sonny Jones, passed away on Saturday. Mr. Blum spoke about the Memorial Day ceremonies and the reason that Mayor Ulmer is not in attendance. Mr. Blum asked that the Village Attorney provide the Council with his opinion regarding specific Council members abstaining from voting if funding for the Charter School is brought back to the Council. 6. ADJOURNMENT The June 1, 1999 Council Meeting was adjourned at 8:35 PM. Barbara A. Fugazzi, CMC Village Clerk Page 4 Robert C. Blum, Vice Mayor