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09-19-2000 Regular Meeting• • • .19 MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Miami Shores Village Council was held on Tuesday, September 19, 2000, at the Village Hall commencing at 7:27 PM with the following members present: PRESENT: ALSO PRESENT: CONSIDERATIONS Mayor Ulmer Bob Blum Al Davis Steve Loffredo Mary Ross Agosta Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney 1) CONSENT AGENDA A) APPROVAL OF THE SEPTEMBER 5, 2000 BUDGET HEARING MEETING MINUTES AND REGULAR COUNCIL MEETING MINUTES. B) REQUEST APPROVAL FOR ALLOCATION AND EXPENDITURE OF FORFEITURE FUNDS IN THE AMOUNT OF $7,250 TO FUND THE POLICE DEPARTMENT'S PARTICIPATION IN THE ANNUAL HALLOWEEN HOWL EVENT AND TO REIMBURSE THE LOCAL SCOUT TROOPS FOR THEIR DONATION TOWARDS THE PURCHASE OF A DIGITAL CAMERA. The Clerk read the captioned items contained within the Consent Agenda. Mr. Davis moved to approve the Consent Agenda. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 2) VILLAGE CLERK Barbara A. Fugazzi A) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING PARAGRAPHS (d), (e), (f), (g), and (h) OF SECTION 6.7 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES; INCREASING PERMIT FEES, PROVIDING EFFECTIVE DATE. The Clerk read the caption of the ordinance. Mr. Davis moved adoption of the ordinance on second reading. Ms. Agosta seconded the motion. Mayor Ulmer opened the floor for the public hearing. No one in attendance wished to speak on the issue and the public hearing was subsequently closed. The vote was called with a unanimous result. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 1 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, BY ADDING A SECTION TO BE NUMBERED 1.2.1, SETTING FORTH THE REQUIREMENT THAT CERTAIN BOARD/COMMITTEE MEMBERS APPOINTED BY THE VILLAGE COUNCIL BE MIAMI SHORES VILLAGE RESIDENTS, PROVIDING FOR CONFLICT, PROVIDING FOR AN EFFECTIVE DATE. • E) APPROVAL TO MOVE THE TUESDAY, OCTOBER 3, 2000 COUNCIL MEETING TO WEDNESDAY, OCTOBER 4, 2000 AT 7:30 PM. • • The Clerk reminded the Council that it had been the concensus of the Council to move the first meeting in October from Tuesday, October 3' to Wednesday, October 4th. Mr. Loffredo moved to hold the first meeting in October on Wednesday, October 4th at 7:30 PM. Mr. Davis seconded the motion and the vote was unanimous in favor. 3) VILLAGE COUNCIL Bob Blum A) ANNUAL REPORT ON THE MIAMI SHORES/BARRY UNIVERSITY CHARTER SCHOOL. Mr. Blum introduced the principal of the Charter School, Mr. Fred Damianos. Mr. Damianos provided the Council with a status report and highlights of the Charter School, including student ratings and building progress. B) DISCUSSION AND POSSIBLE ACTION REGARDING PASSING A RESOLUTION TO CONTINUE PRIVATE FUNDING INITIATIVE FOR PUBLIC SCHOOLS, INCLUDING THE CHARTER SCHOOL. Mr. Blum provided background information and moved to adopt the proposed Resolution. Mr. Loffredo seconded the motion. Mayor Ulmer opened the floor for public comment. Leon Newman Mr. Newman spoke about the duplication of taxes when monies are donated to the Charter School and his opposition to continuing the funding. He stated his opinion that it is unfair to have two council members whose children attend the Charter School vote on whether or not to provide funding. T.F. Chambers Mr. Chambers stated his opinion that the school is an asset to the community. Michael Hettlich Mr. Hettlich stated that he has a daughter at the Charter School and his son had gone to Horace Mann. He said he is glad that the Charter School was an option. Cesar Sastre Mr. Sastre spoke about the Council appointed Board members and whether or not the Chamber of Commerce provides any funds for the operation of the School. Mr. Sastre further questioned whether this would be the last year for subsidizing the operations. Bekky Leonard Ms. Leonard agreed with Mr. Newman and stated that not all Village children who want to attend the Charter School have the opportunity. Robin Pyke Ms. Pyke spoke about her children's experiences at the public schools. Gregg Totten Mr. Totten empathized with Mr. Newman's opinion but feels it is important to continue with the Charter School. Mayor Ulmer closed public comment. Page 3 • • • Mr. Blum stated that he does not view the Resolution as a Charter School issue but an issue about education and passage of the Resolution would indicate that the community supports the schools. He further stated that the initiative encourages parents to get behind fund raising efforts. Mr. Loffredo expressed his dismay at having his integrity questioned and spoke about the importance of having positive alternatives to the regular public schools. He stated his opinion that the funding is not a question of double taxation but rather he sees it as an investment in the community. Mr. Loffredo further stated that he agreed with Mr. Sastre's comments in reference to the Charter School's Board Members and term limits. Ms. Agosta spoke about the fact that the Council does not hear from the Charter School as an entity until they appear before the Council requesting funding. She questioned whether the Chamber of Commerce or local realtors donate funds for the School. Ms. Agosta spoke about the lack of any long range plans and her opinion that the Village needs to support all of the local public schools, not just the Charter School. Mr. Davis reiterated his campaign promise in reference to no new taxes. He stated that no one is against good education but he believes that providing funding for the Charter School constitutes double taxation. Mr. Davis offered his opinion that if the School was not located within the Village limits, the Council would not be entertaining the funding request. Mr. Davis praised the job Fred Damianos and the School has done but stated that he cannot support the Resolution because not all Villager's benefit. Mayor Ulmer echoed Mr. Davis' comments regarding the great job the School has done in educating the children. He stated that technically, the funding is double taxation but that it is allowable under the law due to the benefit to the Village. However, Mayor Ulmer stated that he sees the issue as one of financial need - does the School need the funding. Mayor Ulmer read information from the financial reports which indicate that there is an excess of funds of between $70,000 and $100,000 between revenues and expenses. He stated that he does not believe there is a financial need at this point in time and that if and when a future funding need arises, he will consider it. Further discussed amongst the Council ensued, with alternative proposals being offered. Ms. Agosta proposed that the Village match any funds raised to a maximum of $10,000 for each school, resulting in a lower exposure for the Village. Mr. Blum suggested keeping the matching funds at the same levels but the funding be provided at a $1 to $3 match rather than a $1 to $2 match. Subsequent to further input from the individual Council Members, and Mr. Sarafan and Mr. Malatak regarding the budgetary impact, Mr. Blum restated his motion to adopt the proposed Resolution up to and including Section 2., capping the Village's $1 to $2 matching funds at $10,000 each for the Miami Shores Elementary School, Horace Mann Middle School, and the Barry University/Miami Shores Village Charter School. Mr. Loffredo accepted the restatement of the motion. It was confirmed that Sections 3 and 4 as contained within the Resolution provided would not be included in the final version. Mayor Ulmer called for the vote, the result of which was as follows: Bob Blum, Steve Loffredo, Mary Ross Agosta (Aye) and Al Davis and Mayor Ulmer (Nay). The motion passed by a 3 - 2 margin. 4) ANNOUNCEMENTS The Clerk read the announcements. Page 4 • 5) PUBLIC COMMENTS • Cesar Sastre Mr. Sastre reiterated his earlier comments regarding education and liquor sales, and introduced Mr. Reggie Thompson, candidate for State Representative. Reggie Thompson Mr. Thompson spoke about his campaign for State Representative for House District 108. Jane Dentico Ms. Dentico asked about the Biscayne Boulevard Improvement Project. Bekky Leonard Ms. Leonard thanked the Council regarding the Windstorm Resolution and announced that the Property Owner's Association would be having their general meeting on Monday, September 25, 2000 at 7:00 PM. T. F. Chambers Mr. Chambers stated that he was proud of the Council. 6) COUNCIL COMMENTS Ms. Agosta reminded everyone that October is Breast Cancer Awareness Month. No other Council member had any comments. 7) ADJOURNMENT The September 19, 2000 Council Meeting was adjourned at 9:40 PM. Mark S. Ulmer, Mayor Barbara A. Fugazzi, CMC Village Clerk 0 Page 5 • • • 4 - The Clerk read the caption of the ordinance. Mr. Davis moved adoption of the ordinance on second reading. Ms. Agosta seconded the motion. Although Mayor Ulmer opened the public hearing, no one in the audience wished to speak on the proposed ordinance. Mr. Loffredo shared his previous comments regarding concerns with representation on the Country Club Advisory Board, but indicated that he would vote for the ordinance and wait to see if any problems arose. The vote was taken which was unanimous in favor. C) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 19-26 OF THE CODE OF ORDINANCES, REGARDING THE APPEAL PROCESS FOR DECISIONS MADE BY THE VILLAGE PLANNING & ZONING BOARD, PROVIDING FOR CONFLICT, PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the ordinance. Mr. Loffredo moved to adopt the ordinance on second reading. Mr. Blum seconded the motion. Mr. Davis expressed his thoughts that a simple majority vote of the Village Council should be enough to overturn a decision made by the Planning & Zoning Board. Mayor Ulmer opened the floor for the public hearing. No one in the audience came forward to speak on the issue. Mayor Ulmer closed the public hearing and called for the vote. The result of the vote was 4 to 1, with Mr. Davis opposing. D) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING ZONING ORDINANCE NO. 270, BY ADDING SECTION 226.5 DEFINING OPEN AIR CAFES AND BY ADDING A DIVISION, TO BE NUMBERED 19, "OPEN AIR CAFES", ALLOWING FOR OPEN AIR CAFES ON PUBLIC PROPERTY, AND/OR PRIVATE PROPERTY, AS AN ACCESSORY "CONDITIONAL SPECIAL USE" TO A RESTAURANT, PERMITTED USE IN B-1 DISTRICTS, PROVIDING FOR STANDARDS THAT MUST BE MET AS PART OF THE PERMITTING PROCESS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the ordinance. Mayor Ulmer moved to adopt the amended ordinance on second reading with minor modifications, which he read into the record. Mr. Loffredo seconded the motion. Mayor Ulmer opened the public hearing. Resident, Cesar Sastre, suggested curtailing the hours of operation for open air cafes. As no one else came forward to speak, Mayor Ulmer closed the public hearing. Planning & Zoning Director, Al Berg, requested another phrase to be stricken from the ordinance in order to clarify the language. It was the consensus of the Council to further amend the proposed ordinance per Mr. Berg's request. Mr. Berg clarified the allowance of umbrellas for the cafes. A discussion ensued regarding the concerns of the Council with respect to liquor licensing, alcohol sales and bottle clubs. A concern was raised regarding possibly prohibiting future development of Biscayne Boulevard and precluding a restaurant, i.e. The Olive Garden, from moving into the Shores if they cannot sell beer, wine, and/or alcohol. Following this discussion, it was requested that the Village Manager and Village Attorney issue a memorandum to the Council regarding the applicable codes and Statutes governing alcoholic beverages. Due to the nature of the discussion, Mayor Ulmer once again opened the floor for public comment. Resident, Cesar Sastre, spoke again about the possibility of limiting the hours of operation, and spoke about the differences between N.E. 2nd Avenue and Biscayne Boulevard. Mayor Ulmer closed public comment. The vote was taken with a unanimous result. Page 2