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03-21-2000 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Miami Shores Village Council took place on Tuesday, March 21, 2000 at the Village Hall, commencing at 7:40 p.m. with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Mary Ross Agosta ABSENT: Steve Loffredo ALSO PRESENT: Tom Benton, Village Manager Scott Davis, Acting Village Clerk Richard Sarafan, Village Attorney • CONSIDERATIONS • 1. CONSENT AGENDA Council Consensus was to address items A and B separately. A) APPROVAL OF THE MARCH 7, 2000 REGULAR COUNCIL MEETING MINUTES. Mr. Davis moved approval of the March 7, 2000 Council Meeting Minutes. Mr. Blum seconded the motion and the vote was unanimous in favor. B) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA AUTHORIZING AND DIRECTING THE VILLAGE MANAGER AND FINANCE DIRECTOR TO NEGOTIATE AND EXECUTE AN AGREEMENT BETWEEN VALIC, A SUBSIDIARY OF AMERICAN GENERAL FINANCIAL GROUP, TO OFFER A SECONDARY DEFERRED COMPENSATION PLAN UNDER IRS RULE 457 AS A VOLUNTARY SUPPLEMENTAL PENSION PROGRAM. Ms. Agosta stated that the second line should read " The Village Manager and his designee instead of the Village Manager and the Finance Director." Ms. Agosta moved approval as amended. Mr. Blum seconded the motion and the vote was unanimous in favor. • • • 2) VILLAGE CLERK A) AN APPEAL OF A DECISION BY THE HISTORIC PRESERVATION BOARD DENYING A CERTIFICATE OF APPROPRIATENESS FOR REPLACEMENT WINDOWS FOR THE PROPERTY LOCATED AT 557 N.E. 96' STREET Mr. Sarafan stated that the item was on the table from the last Council meeting. Mr. Davis moved to take the item off the table. Ms. Agosta seconded the motion and the vote was unanimous in favor. Mr. Sarafan swore in all individuals expecting to provide testimony on Item 2A. Mr. Sarafan clarified that the appeal in on behalf of the property owner, Dr. Fabian. Mr. Mineo, representing Superior Remodeling, provided the Council with information regarding the proposed window replacement, including his opinion that the current windows are not secure and constitute safety and building integrity hazards. Council discussion centered around safety issues of the current windows versus the proposed windows, the historic designation criteria, whether the current windows could be repaired, and appearance of the windows. Mr. Warren Bittner, Chairman of the Miami Shores Village Historical Board, distributed pictures of the existing windows and reviewed the background of the case. Mr. Sarafan swore in Mr. Bittner. Mr. Bittner reviewed the historical background of the home, and read to the Council pertinent information contained within the Secretary of the Interior's Standard for Rehabilitation: Guidelines for Rehabilitating Historical Buildings. Mr. Bittner disputed the concerns raised by Mr. Mineo. Mr. Blum moved that the application for appeal be denied and the decision of the Historic Preservation Board upheld. Mr. Davis seconded the motion. Mayor Ulmer stated that safety should take priority and that the guidelines followed by the Historic Preservation Board were developed in 1977. He stated that windows cannot be repaired to meet current wind load requirements. The vote was taken and the motion passed, with the following results: Mr. Blum Yes Mr. Davis Yes Ms. Agosta Yes Mayor Ulmer No B) AN ORDINANCE AMENDING MIAMI SHORES VILLAGE CODE OF ORDINANCES, ZONING ORDINANCE NO. 270, SECTION 301, ZONING MAP OF MIAMI SHORES VILLAGE, BY CHANGING THE ZONING CLASSIFICATION OF A PORTION OF THE PARKING LOT PROPERTY LOCATED AT 9050 BISCAYNE BOULEVARD FROM A-1, MULTI -FAMILY, TO B-2, TRANSIENT BUSINESS, REPEALING ANY AND ALL CONFLICTING ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Ordinance and Mr. Sarafan swore in the witnesses. Mr. Al Berg, the Planning and Zoning Director explained the Ordinance and showed a map of the area in question. He stated that the staff recommends approval. Mayor Ulmer suggested that the second Whereas in the body of the Ordinance be amended to read as follows: Whereas, the proposed re- zoning to B-2 is consistent with the Village's adopted Future Land Use Plan for the property, Page 2 • • • designated therein for Commercial Use. Mr. John Griffith, representing Publix Supermarkets was in attendance and reviewed the proposed amendment. Mr. Davis moved approval of the Ordinance, as amended, to re -zone the property at 9050 Biscayne Boulevard from Al to B2 on seconded reading Ms. Agosta seconded the motion. Mayor Ulmer opened the floor for public comment. Hearing none, the vote was called and was unanimous in favor. 3) FINANCE DEPARTMENT A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING AND DIRECTING THE VILLAGE MANAGER AND HIS DESIGNEE TO BEGIN NEGOTIATIONS FOR THE POTENTIAL ACQUISITION AND TRANSFER OF OWNERSHIP AND OPERATION OF THE STORM WATER UTILITY SYSTEM IN THE VILLAGE FROM MIAMI-DADE COUNTY TO MIAMI SHORES VILLAGE. Mr. Benton and Mr. Malatak reviewed the item, outlining the information contained within the whereas clauses of the Resolution. Mr. Malatak expressed his opinion that the Village should collect the fees and manage maintenance, and explained the transfer process. In response to questions raised by various Council Members, Mr. Benton and Mr. Malatak stated that the Village already is responsible for any liability risks, that no new employees, nor immediate equipment purchases will be necessary to effect the transfer, and that the County has expressed their willingness to have the Village to take over the management of the system. Mr. Malatak confirmed that the Village would control the user fees in the future. Mr. Davis moved that the Resolution be approved. Mr. Blum seconded the motion and the vote was unanimous in favor. B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ADOPTING IRS SECTION 401(a) MONEY PURCHASE RETIREMENT PLAN AND TRUST, APPOINTING THE VILLAGE AS TRUSTEE UNDER THE PLAN; APPOINTING THE VILLAGE MANAGER, AND THE FINANCE DIRECTOR AS COORDINATORS FOR THE PLAN; PROVIDING FOR AN EFFECTIVE DATE. Mr. Benton reviewed the item. Mr. Malatak stated that the request is to establish a defined contribution plan, 401 (a), which is similar to a 401 (k), and explained the difference between a defmed contribution plan and the current plan, which is a defmed benefit plan. He stated that the plan would not cost the Village any additional monies. Mr. Malatak reviewed the limits of contributions for the plan and confirmed that a Village match for employee contributions was not being requested. Ms. Agosta stated that the resolution should read "THE VILLAGE MANAGER AND HIS DESIGNEE" instead of "THE VILLAGE MANAGER AND THE FINANCE DIRECTOR". Mr. Benton stated that the Village is behind the times regarding pension benefits and stressed the need to make some changes in order to stay competitive in the labor market. Mr. Davis moved that the Resolution, as amended, be approved. Ms. Agosta seconded the motion and the vote was unanimous in favor. Page 3 • • • C) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 18 OF THE VILLAGE CODE OF ORDINANCES BY ADDING A SECTION BEGINNING WITH SECTION NUMBER 18-62, MIAMI SHORES VILLAGE POLICE OFFICERS' RETIREMENT SYSTEM, CREATING A NEW, SEPARATE PENSION PLAN FOR POLICE OFFICERS, REPEALING CERTAIN SECTIONS/PARAGRAPHS, REFERRING TO POLICE OFFICER BENEFITS CONTAINED IN SECTIONS 18-36, THROUGH 18-61, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. Mr. Benton stated that the item was on the agenda for information purposes only. He stated that tonight was not the first reading of the Ordinance. He reviewed the item and stated that it would be coming back to the Council at a later time. 4) VILLAGE COUNCIL A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, OPPOSING ANY DECREASE IN THE COUNTY'S CURRENT GASOLINE TAX RATE. Mayor Ulmer reviewed the history of the item and offered his opinion that it would be wrong for the County to reduce the tax on gasoline. He stated that it is a user fee for the use of the roads. He stated that there is no mechanism for the savings to be passed on to the consumer. Owners of gas stations could raise prices to make up for the reduction in the tax. Mayor Ulmer said that the Council should send a message to the County in opposition to the reduction of the gas tax. Ms. Agosta moved passage of the Resolution and Mr. Davis seconded the motion and the vote was unanimous in favor. B) DISCUSSION REGARDING BIKE PATHS Mr. Davis moved to dispense with Roberts Rules of Order. Ms. Agosta seconded the motion and the vote was unanimous in favor. Mr. Rich Freeman explained the item. He spoke about bike paths, foot paths, urban landscaping and enhancement of existing green space. Ms. Agosta stated that efforts need to be coordinated in all of the areas mentioned. Mayor Ulmer asked about future costs of the projects. Mr. Freeman spoke about grant funding for bike paths in the future after the plan is developed. Mayor Ulmer stated that the Village's sidewalk system was a pedestrian walkway and bike path. He spoke about the accessability of the new Aquatics Center and future pedestrian walkways and bike paths. Mr. Freeman described a grant presentation that he attended, presented by FDOT for bike paths. Ms. Agosta spoke about striping on the current roads to designate bike pathways. Mr. Benton stated that the Village would have to check the design standards for bike paths. He stated that the Village may have to add a 4-5 foot asphalt strip. Mr. Davis spoke about going through the Country Club property to get to the new Aquatics Center. Page 4 • He also spoke about the problems with going around the property. He said that the Village needs to start looking at a bike path along Biscayne Blvd. to get the kids to the Center. Ms. Agosta spoke about Grand Concourse, the County striping the road and the problems that have developed. Mr. Blum spoke about kids crossing busy streets. Mr. Benton stated that the staff will look into the problem of getting people to the new Aquatics Center. The Mayor opened the floor to public comments. Resident, Max Sturman, stated that getting to the new Aquatics Center was important to adults also not just kids. He spoke about coordination of efforts with other traffic calming efforts. 5) ANNOUNCEMENTS The Clerk read the announcements. 6) PUBLIC COMMENTS Max Sturman Mr. Sturman spoke about a radio program with the Mayor of Hollywood and the success of Hollywood's downtown revitalization. 7) COUNCIL COMMENTS Bob Blum Mr. Blum spoke about the noise on the street at the group home at shift change. • Al Davis Mr. Davis wished everybody a good evening. Mary Ross Agosta Ms. Agosta spoke about the Charrette Committee and that the Chamber is looking at marketing efforts to bring in business on 2°d and 6th Avenues. Mayor Ulmer Mayor Ulmer spoke about the basketball program at the Recreation Center and congratulated the staff, the kids and parents regarding the program. He encouraged people to get involved in the Recreation Program. 8) ADJOURNMENT The March 21, 2000 Council Meeting was adjourned at 9:45 p.m. Scott W. Davis, CMC • Acting Village Clerk Page 5 Mark S. Ulmer, Mayor