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11-16-1999 Regular Meeting1 • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council was held on Tuesday, November 16, 1999, at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Mark Ulmer Bob Blum Al Davis Steve Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney PRESENTATIONS Mr. Fred Damianos was scheduled to make a presentation regarding the Charter School, however, he asked that he be placed on the December 7, 1999 Council Meeting Agenda. • CONSIDERATIONS • 1. MINUTES A) APPROVAL OF THE NOVEMBER 2, 1999 REGULAR COUNCIL MEETING MINUTES. Mr. Blum moved approval of the November 2, 1999 Council Meeting Minutes. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 2. PLANNING & ZONING Frank LuBien A) AN APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD DENYING ALLOWANCE FOR AN ABOVE THE GROUND SWIMMING POOL. Mr. LuBien outlined the item, indicating that Code Enforcement had written a violation for the pool and that when the property owner applied for a permit, he would not issue one. The Planning & Zoning Board concurred with his decision. The property owner, Ms. Diane Stewart- Muniz, was present and spoke on her own behalf. Ms. Stewart-Muni7 provided information to the Council regarding the 12' x 24' above ground pool, including signatures of neighbors stating they had no objection to the pool. 1 Mr. Sarafan confirmed that the issue before the Council is an appeal, not a request for a variance, and that the Code does not set forth parameters by which the Council can make a decision. Mr. Loffredo stated that Ms. Stewart-Muniz had contacted him and that he had recommended she request information from Village staff regarding the appeal process. Mayor Ulmer stated that another resident had spoken to him on behalf of Ms. Stewart-Muniz. Discussion centered around the fact that Ms. Stewart-Muniz did not originally have a permit for installing the pool and some of the reasons why an above ground swimming pool is not permitted in Miami Shores. Mr. Sarafan confirmed that Ms. Stewart-Muniz could apply for a hardship variance but that the criteria would be difficult to meet. Mayor Ulmer opened the floor for public comment. No one from the audience wished to speak on the issue. Mr. Loffredo expressed his concern regarding the size of the pool structure and stated that perhaps the Village could think about issuing temporary permits for above ground pools during the summer months. Mr. Blum moved to deny the appeal, affirming the decision of the Planning & Zoning Board. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 3. VILLAGE COUNCIL Steve Loffredo A) REQUEST FOR SUNNY SHORES HOMEOWNERS ASSOCIATION TO BE HEARD ON THE ISSUE OF A SPECIAL TAXING DISTRICT FOR A SECURITY PATROL. Mr. Loffredo offered background information on this item, stating that he had told representatives from the Sunny Shores Homeowner's Association that he would sponsor the item. Mr. Loffredo further stated that he hoped the Association was proposing a new idea. Ms. Agosta asked if there was any additional back-up for the item. Mr. Loffredo stated that he had not received any materials from the Association. Mayor Ulmer expressed his concerns regarding the item being on the agenda and asked Mr. Loffredo if he was prepared to make a motion. Mr. Loffredo stated that he was not going to make a motion because he is not aware of what the Association is seeking. A discussion regarding the procedure for residents to be heard by the Council ensued. Mayor Ulmer indicated that failing a motion being made, he will allow the issue to be raised during the Public Comment portion of the meeting, and may lift the 5 minute time allowance. 4. FINANCE DEPARTMENT Mark A. Malatak A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING OPENING A NEW, SEGREGATED BANK ACCOUNT FOR THE DEPOSIT OF RECEIPTS FOR THE LIBRARY BUILDING EXPANSION FUND. The Clerk read the caption of the Resolution. Mr. Malatak explained the item and confirmed that . a segregated account was necessary to enable contributors to take a tax -deduction. Page 2 • Mr. Malatak further confirmed that there is no time limit established for the fund raising efforts and that funds will be used solely for Library projects if the contributions fall short. Mr. Davis moved to adopt the Resolution. Ms. Agosta seconded the motion and the vote was unanimous in favor. 5. VILLAGE MANAGER Tom Benton A) REQUEST APPROVAL TO ACCEPT BID OF $35,000 FOR VILLAGE OWNED PROPERTY LOCATED AT 969 N.E. 92'"D STREET. Mr. Benton offered information regarding the history of this property, and the current prospect of selling the land. Ms. Agosta moved to authorize the Village Manager to consummate the sale of the vacant lot at 969 N.E. 92nd Street for a price not less than $35,000. Mr. Davis seconded the motion and the vote was unanimous in favor. 6. ANNOUNCEMENTS The Clerk read the announcements. 7. PUBLIC COMMENTS Bob Williamson Mr. Williamson read a prepared statement on behalf of the Sunny Shores • Homeowner's Association, requesting that the Council approve a Resolution which would indicated their support of a future ordinance creating a special taxing district for additional police patrols. Alice Burch Robert Duke Leon Newman Andy Stewart Dick Blum Richard Caccamise Dottie Yates • Ms. Burch spoke of the need for the special taxing district as it is not feasible to fund the patrols on a volunteer basis. Mr. Duke stated that the Council should allow the homeowners to tax themselves so that they are protected. Mr. Newman spoke about the lack of Sunny Shores residents in the Mobile Crime Watch program. Mr. Stewart spoke about a recent crime at his home. Mr. Blum indicated that he is against the issue and his belief that there is a "the sky is falling" mentality. Mr. Caccamise spoke about the crime problems in the neighborhood. Mrs. Yates spoke about her discussions with Council members. Page 3 • 8. COUNCIL COMMENTS Mary Ross Agosta Ms. Agosta wished everyone a Happy Thanksgiving and spoke about the upcoming Artist on View showing. Steve Loffredo Bob Blum Al Davis Mayor Ulmer Mr. Loffredo thanked the staff for Halloween Howl and wished everyone a Happy Thanksgiving. He also spoke about the area east of Biscayne Boulevard and indicated that the Village should hire 2 additional police officers. Mr. Blum spoke about the Charter School swim team and the costs associated with hiring additional officers. He stated that the Village should address crime problems on a community wide basis. Mr. Davis wished everyone a Happy Thanksgiving. Mayor Ulmer spoke about upcoming events and the Village Literacy Link program. 9. ADJOURNMENT • The November 16, 1999 Council Meeting was adjourned at 8:43 PM. Barbara A. Fugazzi, CMC - Village Clerk • Page 4 Mark S. Ulmer, Mayor