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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 • 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 • 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. Page 2 • • • 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. Page 3 • 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. • 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 Page 4 Mark S. Ulmer, Mayor