10-17-2000 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly scheduled meeting of the Miami Shores Village Council took place on Tuesday,
October 17, 2000 commencing at 7:30 PM with the following members present:
PRESENT:
Mayor Ulmer
Bob Blum
Al Davis
Steve Loffredo
ALSO PRESENT: Tom Benton, Village Manager
Barbara Fugazzi, Village Clerk
Richard Sarafan, Village Attorney
ABSENT:
PRESENTATION
Mary Ross Agosta
Ms. Alice Burch, Chair of the Library Board of Trustees provided those in attendance with an update
of the fundraising efforts for the Library's building addition.
CONSIDERATIONS
• 1) CONSENT AGENDA
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A) APPROVAL OF THE OCTOBER 4, 2000 REGULAR COUNCIL MEETING
MINUTES.
B) A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, AUTHORIZING THE VILLAGE MANAGER TO APPLY FOR THE
FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT
AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN
SERVICES TO APPLY FOR, RECEIVE, EXPEND FUNDS AND EXECUTE
AGREEMENTS WITH THE PURPOSE OF CREATING A "DRUG CONTROL AND
SYSTEM IMPROVEMENT' PROGRAM.
Mr. Davis moved approval of 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 MIAMI SHORES VILLAGE, FLORIDA, AMENDING
SECTION 703 OF THE MIAMI SHORES LAND DEVELOPMENT AND ZONING
CODE, DELETING THE REFERENCE TO A $50.00 FEE FOR A VARIANCE
REQUEST APPLICATION AND AMENDING ARTICLE IX - ADMINISTRATION,
OF THE MIAMI SHORES LAND DEVELOPMENT AND ZONING CODE BY
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ADDING A SECTION 909 AUTHORIZING AND DIRECTING THE VILLAGE
MANAGER OR HIS DESIGNEE TO ESTABLISH AND PROMULGATE A FEE
SCHEDULE RELATING TO APPLICATIONS FOR VARIANCES, SITE PLAN
REVIEWS, REZONING REQUESTS, COMPREHENSIVE PLAN AMENDMENTS
AND SPECIAL EXCEPTIONS/COUNCIL APPROVALS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR CONFLICT AND PROVIDING FOR AN
EFFECTIVE DATE. (First Reading)
The Clerk read the caption of the ordinance. Mr. Al Berg explained the reasoning behind the ordinance
and the proposed fees. While acknowledging that the proposed ordinance does not include the fees
within its text, Council Members offered their opinions on the different components of fee schedule
which had been attached for informational purposes. Mr. Berg and Mr. Sarafan confirmed that the fees
were in line with what other municipalities charge for similar reviews and that the Village's purpose is to
recoup the costs of completing site plan reviews, variance requests, rezoning requests, etc. Ms. Fugazzi
clarified the costs of noticing certain rezoning issues that, per State Statute are required to be advertised.
Mr. Blum stated his objection to a $200 fee for a single family residential site plan review, indicating his
opinion that the proposed fee was excessive. Mr. Loffredo moved approval of the Ordinance on first
reading. Mayor Ulmer seconded the motion and opened the floor for public comment.
Alice Burch Ms. Burch asked whether or not the fees would be waived for non-profit
organizations.
Further Council discussion revolved around Ms. Burch's comment, with the Administration offering
justification, i.e. advertising costs, why fees should not be waived for non -profits. It was also pointed out
that the largest parcel of land within the Shores that is actively being developed is a non-profit
University. Mayor Ulmer called for a vote which was 3 to 1 with Mr. Blum dissenting.
B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
CHAPTER 4, SECTION 4-3, OF THE MIAMI SHORES VILLAGE CODE OF
ORDINANCES, SETTING FORTH RESTRICTIONS APPLYING TO THE
EXISTENCE OF BOTTLE CLUBS WITHIN MIAMI SHORES VILLAGE,
PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
The Clerk read the caption of the ordinance. Mr. Sarafan provided background information, indicating
that based on the previous Council discussion regarding concerns that bottle clubs were not addressed in
the Code, the proposed ordinance had been drafted. Mr. Sarafan further indicated that he sees the
proposed ordinance as closing an existing loophole in the Code language. Mr. Sarafan confirmed that
bottle clubs would need state licensure. Mr. Loffredo moved approval of the ordinance on first reading.
Mr. Davis seconded the motion. Mayor Ulmer opened the floor for public comment but hearing none,
closed the floor for public comment. Council Members offered their own opinions on the pros and cons
of the ordinance, with Mr. Loffredo and Mayor Ulmer expressing their opinion that the Council should
close the existing loophole and then in the future, address the possibility of allowing restricted sales of
beer and/or wine in the downtown district. Mr. Davis stated that the Village has never allowed alcohol
on N.E. 2nd Avenue and that he does not see the need to change the existing law. Mr. Blum stated that he
is not in favor of regulating alcohol, beer or wine and is not in favor of the proposed ordinance. Mayor
Ulmer called for a vote with a 3 to 1 result, Mr. Blum opposing.
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C) APPOINTMENTS TO THE RECREATION ADVISORY BOARD (6 Vacancies)
John Baldwin Ron Marrocco (Seeking Reappointment)
Charles McDonald III Candy Rengstl (Seeking
Reappointment)
Ken Whittaker (Seeking Reappointment) John Wyatt (Seeking Reappointment)
In the interest of time and as there were six vacancies and six applicants, Mr. Davis moved to appoint the
individuals applying for the positions on the Recreation Advisory Board.
D) APPOINTMENTS TO THE FINE ARTS COMMISSION (5 Vacancies)
Maria Echeverri-Taddeo (Seeking Reappointment) Noemi Escandell
Diana Estes (Seeking Reappointment) Guy Haziza
Robin Pyke (Seeking Reappointment) Julie Sanchez
Ms. Escandell, Mr. Haziza, M. Pyke and Ms. Sanchez were present and spoke on their own behalf.
Balloting was conduct with the following results:
Mayor Ulmer
Bob Blum
A. Davis
S. Loffredo
M. Echeverri-Taddeo, N. Escandell, D. Estes, G. Haziza, R. Pyke
M. Echeverri-Taddeo, N. Escandell, D. Estes, G. Haziza, R. Pyke
M. Echeverri-Taddeo, N. Escandell, D. Estes, R. Pyke, J. Sanchez
M. Echeverri-Taddeo, N. Escandell, D. Estes, G. Haziza, R. Pyke
Receiving a majority of votes, Ms. Echeverri-Taddeo, N. Escandell, D. Estes, G. Haziza and R. Pyke
were appointed to the Fine Arts Commission.
E) APPOINTMENTS TO THE PERSONNEL APPEALS BOARD (1 Vacancy)
Wendy Reiner Herb Spahn (Seeking Reappointment)
Balloting was conducted with Mr. Spahn receiving votes from all of the Council Members present at the
meeting.
F) APPOINTMENTS TO THE PENSION BOARDS (See attached memoranda)
Mr. Davis moved to appoint Ms. Wendy Reiner and Mr. Hank Courtney to the General Employee
Pension Board. Mr. Blum seconded the motion and the vote was unanimous in favor. Mr. Loffredo
moved to ratify the appointment of William Heffernan to the Police Retirement System Board. Mr.
Davis seconded the motion and the vote was unanimous in favor.
3) VILLAGE MANAGER Tom Benton
A) DISCUSSION AND POSSIBLE ACTION REGARDING N.E. 2'''D AVENUE DESIGN
PLAN.
Mr. Benton introduced the item and provided Council with background information regarding the
County's traffic study and the concept of the "hybrid plan". Mr. Benton indicated that he is looking for a
consensus of the Council regarding the plan in order to advise the County. Council discussion centered
around the need to obtain further information from the County and their traffic planners regarding the
plan they have submitted. A consensus was reached to have Mr. Benton ask the County to start their
public hearing process, scheduling a Council Workshop to coincide with the date of the first public
hearing.
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Mayor Ulmer opened the floor for public comment.
Spero Canton Mr. Canton spoke on behalf of the Chamber of Commerce and indicated
that the amount of sidewalk space needs to be increased.
4) ANNOUNCEMENTS
The Clerk read the announcements.
5) PUBLIC COMMENTS
Tim Niezabitowski Mr. Niezabitowski spoke about the lighting at the aquatic center.
Shanaz Gasser Ms. Gasser spoke about the parking spaces and property values as a
result of the aquatic center.
Courtney Howell
Resident 1039 NE 104th
Resident 1029 N.E. 104th
Ms. Howell talked about the aquatic center lighting.
Spoke about the aquatic center.
Spoke about noise abatement, lighting issues and the need for the
concerns to be addressed at a future Council Meeting.
Willie Jordan Mr. Jordan asked about the plans for a wall.
• Kenny Pichardo Mr. Pichardo spoke about the lighting and parking at the facility.
Michael Cudlipp Mr. Cudlipp attempted to engage the Council in answering questions.
Mayor Ulmer stated that it was not appropriate for him to do so.
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6) COUNCIL COMMENTS
Bob Blum Mr. Blum spoke about the quality of care at North Shore Medical Center.
Steve Loffredo Mr. Loffredo reiterated his commitment that once the pool is open the Council
would address the citizen's concerns.
Al Davis Mr. Davis asked for everyone to have a nice week.
Mayor Ulmer Mayor Ulmer echoed Mr. Loffredo's remarks.
7) ADJOURNMENT
The October 17, 2000 Council Meeting was adjourned at 9:18 PM.
Barbara A. Fugazzi, CMC
Village Clerk
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Mark S. Ulmer, Mayor