09-21-1999 Regular Meeting•
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MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly scheduled Meeting of the Village Council was held on Tuesday, September 21,
1999 at the Village Hall commencing at 6:45 PM with the following members present:
PRESENT:
Mayor Ulmer
Bob Blum
Al Davis
Steve Loffredo
Mary Ross Agosta
ALSO PRESENT: Tom Benton, Village Manager
Barbara Fugazzi, Village Clerk
Richard Sarafan, Village Attorney
CONSIDERATIONS
1. CONSENT AGENDA
A. APPROVAL OF THE JULY 15, 1999 SPECIAL COUNCIL MEETING
MINUTES, THE SEPTEMBER 7, 1999 REGULAR COUNCIL MEETING
MINUTES AND THE SEPTEMBER 9, 1999 BUDGET PUBLIC HEARING
MEETING MINUTES.
B. REQUEST APPROVAL OF APPROPRIATION OF FORFEITURE FUNDS IN
THE AMOUNT OF $28,000.
Mr. Loffredo asked that Item 1B be pulled from the Consent Agenda and discussed separately.
Mr. Davis moved to approve Item lA - Minutes. Mr. Loffredo seconded the motion and the vote
was unanimous in favor.
Mr. Benton introduced Chief Masten who would offer information and answer any questions
regarding the request to appropriate Forfeiture Funds. Chief Masten explained the nature of the
requested expenditures, indicating that per State Statute, the Village is required to expend 15% of
the Forfeiture Funds received within the fiscal year on crime prevention programming The
requested appropriation brings the Village to the 15% threshold. Chief Masten briefly synopsized
the individual programs earmarked to receive the appropriated funds, if approved. The Council
members asked for clarification on certain aspects of the programs, the appropriateness of the
funding, and gun safety/awareness programs. Mr. Loffredo moved to approve the appropriation
of $28,000 in Forfeiture Funds as outlined in Chief Masten's memo. Ms. Agosta seconded the
motion and the vote was unanimous in favor.
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2. VILLAGE CLERK Barbara Fugazzi
A. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI
SHORES, FLORIDA, REPEALING IN PART THE CURRENT MIAMI
SHORES VILLAGE COMPREHENSIVE PLAN AND ADOPTING A NEW
MIAMI SHORES VILLAGE COMPREHENSIVE PLAN TO BE KNOWN AS
THE "MIAMI SHORES VILLAGE 2010 COMPREHENSIVE PLAN";
PROVIDING THAT THE GOALS, OBJECTIVES AND POLICIES ARE
ADOPTED; PROVIDING THAT THE DATA AND ANALYSIS ARE NOT
ADOPTED; SUBMIT THE MIAMI SHORES VILLAGE 2010
COMPREHENSIVE PLAN TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS; DIRECTING THE VILLAGE MANAGER TO
PUBLISH COPIES OF THE MIAMI SHORES VILLAGE 2010
COMPREHENSIVE PLAN ; PROVIDING FOR REPEALER; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EF'F'ECTIVE DATE.
The Clerk read the Caption of the Ordinance, indicating that the proposed Ordinance was
properly noticed for the Public Hearing. Mr. Benton introduced Mr. Robert Swarthout, the
planning consultant who developed the amendments to the Comprehensive Plan. Mr. Swarthout
offered background information regarding the process of adopting the amended comprehensive
plan. He indicated that subsequent to the Planning & Zoning Board's review and the first reading
of the Ordinance which took place in February, the Department of Community Affairs had issued
their comments and recommendations. Mr. Swarthout stated that he has addressed the majority
of DCA's comments within the amended Comp Plan, many of which have minimal impact on the
community, and recommends that his memo dated 8/25/99 regarding Policy 3.2 of the
Transportation Element and Policy 1.6 of the Intergovernmental Coordination Element, be
adopted along with the Plan. Mr. Swarthout explained that there are two recommendations that
DCA had made which he considered inappropriate for this community. One is in reference to
increasing the density along the FEC railroad corridor and the other issue is in reference to a post -
disaster plan. Mr. Swarthout offered background information on both issues, explaining that the
issues are contradictory in their concepts. Mr. Swarthout stated that it is up to the Council to
decide whether or not to accept his recommendations regarding those DCA comments.
The discussions between Council members, including questions asked of Mr. Swarthout and Mr.
Sarafan, centered around clarifications regarding the designations listed on the Future Land Use
Map, and the binding effect of the Proposed Capital Expenditure Plan. Mr. Swarthout explained,
and Mr. Sarafan reiterated, that the Mixed Use Residential/Institutional designation allows for,
but does not require, re -zoning of the effected area to either Residential or Institutional, or a
combination of both uses. It was confirmed by both Mr. Swarthout and Mr. Sarafan that the
Future Land Use Map does not change the Village's current zoning designations, but if the proper
procedural steps are taken, the Village could re -zone the area without having to amend the Comp
Plan. Mr. Sarafan stated that the amendment to the Future Land Use Map is not detrimental to
the Village with regards to the current Administrative Appeal to a previous Comp Plan
Amendment. In response to a question posed by Mr. Loffredo, Mr. Swarthout stated that the
renovations being considered by the Publix Supermarket are not hindered by the proposed
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Comprehensive Plan 2010. He went on to say that he is not sure whether our Code of Ordinances
would allow for a multi-level store with parking either above or below the store, but the plans
would not be effected by the Comp Plan.
A discussion regarding whether or not the issue of impact fees should be addressed in the Comp
Plan amendments ensued. The consensus of the Council was that they did not wish the Plan to
preclude the possibility of adopting impact fees in the future. Mr. Swarthout stated that impact
fees are common in other municipalities, but not necessarily in the comprehensive plans. Mr.
Swarthout offered his opinion that it would not be harmful to the Village if impact fees are not
specifically addressed in the Comp Plan. He stated that nothing in the Plan prohibited impact fees
and that the Village could prepare an Ordinance adopting impact fees and add the information to
the Comprehensive Plan at a later date if desired.
Mr. Davis moved to adopt the Miami Shores Village Comprehensive Plan 2010 inclusive of the
amendments to the Transportation Element Policy 3.2 and the Intergovernmental Coordination
Element Policy 1.6 (as recommended in Robert Swarthout's Letter of August 25, 1999), as
reflected in the Ordinance. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor
for Public Comment. No residents in attendance wished to speak on the issue of the
Comprehensive Plan 2010. Mayor Ulmer called for a vote of the Village Council. The results of
the vote were unanimous in favor of adopting the Miami Shores Village Comprehensive Plan
2010.
B. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
CERTAIN SECTIONS OF THE CODE OF ORDINANCES PERTAINING TO
BUILDING PERMIT AND LIEN SEARCH FEE STRUCTURES.
The Village Clerk read the Caption of the Ordinance, indicating that the proposed Ordinance was
properly noticed for a public hearing. Ms. Agosta moved adoption of the Ordinance and Mr.
Blum seconded the motion. Mayor Ulmer requested Public Comment on the proposed adoption.
No one from the audience wished to speak regarding the proposed Code amendments A vote of
the Village Council was taken, the results of which were unanimous in favor.
C. A PROPOSAL TO MOVE THE TUESDAY, OCTOBER 5th COUNCIL
MEETING TO WEDNESDAY, OCTOBER 6th TO FACILITATE COUNCIL'S
PARTICIPATION OF NATIONAL NIGHT OUT ACTIVITIES.
The Village Clerk offered background information based on discussions during the last Council
Meeting. Mr. Davis made a motion to move the October 5th Council Meeting to Wednesday,
October 6th at 7:30 PM. Mr. Loffredo seconded the motion and the vote was unanimous in favor.
3. VILLAGE COUNCIL
A. DISCUSSION AND POSSIBLE ACTION REGARDING THE VILLAGE
NEWSLETTER. Mary Ross Agosta
Ms. Agosta stated her purpose for placing the item on the agenda, indicating that she would like
to see a more enhanced Village Newsletter. She stated that as the Newsletter represents the only
communication that reaches all of the Village residents, it is very important that it be informative.
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Mr. Loffredo asked about the cost differentials between publishing the present Newsletter and
what the public relations contractor had proposed. Mr. Benton outlined the costs associated with
the various proposals. Mayor Ulmer asked Ms. Agosta if she would like to make a motion. Ms.
Agosta then moved to put out a Request For Proposal to develop the monthly Newsletter, at a
cost not to exceed $8,400. Mr. Loffredo seconded the motion.
Mr. Loffredo stated that he is glad the item has come before the Council, as he doesn't believe
that staffhas the time to devote to the Newsletter. He additionally stated that he is unsure
whether $8,400 is enough to spend on enhancing the Newsletter, as it should be looked at as an
investment.
Mr. Davis stated that he is not in favor of spending any additional funds on the Newsletter at this
time. He stated that when and if the Newsletter got to be too much for the staff to develop, then
the Administration and Council could review the matter. He stated that he had not heard any
residents complain that they were not receiving enough information in the current Newsletter.
Mr. Blum stated that as outlined, the proposal which costs the Village an additional $8,400 a year
still places the bulk of the work on the staff. He stated that if the Council chooses to hire an
outside contractor to develop the Newsletter, it should mean less work for the Village and it
should be worthwhile enough for the Village to have to pay an outside contractor for the service.
Mayor Ulmer indicated that the current Newsletter is good but that doesn't mean that it can't be
better. He stated that communication is the key and many people depend upon the Newsletter to
know what is going on in the Village. He stated that he would like to see additional proposals
and rather than voting on the item with an attached budget, let's see what we get back from the
request for proposals.
Mr. Loffredo moved to amend the motion, moving to instruct the Village Manager to have a
request for proposals sent out to advertising firms or other service providers for subcontracting
the Newsletter, along the general outlines of proposal B. Mr. Blum seconded the motion to
amend and the vote was 4-1 in favor, with Mr. Davis opposing.
Mayor Ulmer asked for Public Comment. Resident Larry Sonenshein, stated that people do look
for the Newsletter and that it is an important communication tool.
The results of the vote on the motion as amended was also 4-1 in favor, with Mr. Davis opposing.
4. ANNOUNCEMENTS
The Village Clerk read the announcements.
5. PUBLIC COMMENTS
There was no one wishing to speak.
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6. COUNCIL COMMENTS
Mary Ross Agosta Ms. Agosta reminded everyone about the Mayor's Ball.
Bob Blum Mr. Blum advised everyone that September 22nd was his wedding
anniversary.
Mayor Ulmer Mayor Ulmer advised the public that September 18 - 26th is U.S.
Constitution Week.
7. ADJOURNMENT
The September 21, 1999 Regular Council Meeting was adjourned at 8:00 PM.
• Barbara A. Fugazzi, CMC
Village Clerk
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Mark S. Ulmer, Mayor