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04-16-2002 Regular Meeting• • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council was held on Tuesday, April 16, 2002 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following members present: PRESENT: Mayor Davis Greg Ullman Bob Blum Prospero Herrera Mark Ulmer ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney Ms. Fugazzi provided the Council Members with their annual checks of $1.00 each. CONSIDERATIONS 1) MINUTES Barbara Fugazzi A) APPROVAL OF THE APRIL 2, 2002 REGULAR COUNCIL MEETING MINUTES. Mr. Ullman moved approval of the April 2, 2002 Regular Council Meeting Minutes. Mr. Blum seconded the motion and the vote was unanimous in favor. 2) VILLAGE ATTORNEY Richard Sarafan A) AN APPEAL OF A DECISION MADE BY THE HISTORIC PRESERVATION BOARD RELATING TO PROPERTY LOCATED AT 287 N.E. 96'n STREET AND THEIR DENIAL OF A CERTIFICATE OF APPROPRIATENESS TO PRESSURE CLEAN THE ROOF. Mr. Sarafan outlined his reasons for bringing the Appeal, explained his opinion that it was not appropriate for the Historic Preservation Board to rule on an issue when the applicant did not support the application he had submitted. He further stated that the circumstances surrounding the request for a Certificate of Appropriateness represented a sham hearing and although he had advised the Board members of his opinion, they nevertheless voted to rule upon the application for the Certificate of Appropriateness. Mr. Sarafan expressed his concerns regarding the Board's decision in respect to setting a precedent and stated that he does not take any issue with whether or not the roof should or can be cleaned but only with the procedural impropriety. Mr. Warren Bittner, owner of the property located at 287 N.E. 96th Street and Chair of the Historic Preservation Board, spoke on his own behalf and indicated that it would damage the historic roof tiles were he to pressure clean the roof and that a Code Enforcement Courtesy Notice should not have been issued to him as he and Mr. Benton had been speaking of the issue and reviewing the alternatives. 1 • • • Council Members' questions related to whether a Certificate of Appropriateness was required for cleaning the roof, what constitutes "general maintenance", the Board's ruling and setting a precedent, and who has jurisdiction in these types of matters. Mr. Ulmer moved to remand the item to the Historic Preservation Board to vacate their ruling as they did not have jurisdiction. Mr. Herrera seconded the motion. Individual Council Members disclosed their ex -parte communications regarding this case, including the materials they received from the Appellee Mr. Bittner, Historic Preservation Board Members Maria Temkin and Fred Newman, and conversations with Mr. Benton and Mr. Sarafan. A discussion regarding the intentions and repercussions of Mr. Ulmer's motion ensued. Following this discussion, Mr. Ulmer moved to amend his original motion and reverse the ruling of the Historic Preservation Board rather than remand the item to the Board. Mr. Herrera seconded the motion. The motion and second were subsequently withdrawn and after further Council discussions on the desired result of the hearing, Mr. Ulmer moved to reverse the decision of the Historic Preservation Board and deem Mr. Bittner's application for a Certificate of Appropriateness for the purpose of pressure cleaning his roof to have been withdrawn based on the applicant's announced non-support of his application. Mr. Herrera seconded the motion. Mayor Davis called the vote which was unanimous in favor. All Council Members expressed their appreciation to the members of the Historic Preservation Board for their dedication and commitment to the Village. Mayor Davis stated that based on the issues brought to light he would move to have Mr. Benton review the administrative functions of the Board and appoint a secretary to the Board to assume the responsibilities of those functions as well as minute taking duties. Additionally, Mayor Davis would like to have Mr. Benton, Mr. Sarafan, and members of the Historic Preservation Board, review the section of the Code handling Historic Preservation and provide the Council with any recommendations for change. Mr. Herrera seconded the motion and following clarification on the scope of the review, the vote was unanimous in favor of the motion. 3) VILLAGE COUNCIL Mark Ulmer A) DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL FOR A TRAFFIC STUDY TO BE CONDUCTED. Mr. Ulmer moved to authorize the Village Manager to retain Kimley-Horn to do Tasks I through IV in the amount of $24,800 as outlined in their traffic study proposal. Mr. Ullman seconded the motion. Mr. Ulmer provided background information relating to the item including the "how" and "why" it is before the Council. Mr. Benton clarified the figures contained in the proposal and stated that in order to provide Kimley-Horn with the necessary data to perform Tasks I through Iv, an additional $15,500 would be required. Mr. Benton then introduced Mr. Matt Noondesker from Kimley-Horn. Council discussion centered around the anticipated cost to conduct the study, where the funding will come from, and their concerns regarding the study's outcome. The fact was raised that the people on 95th Street don't want the traffic, the people on 96th Street don't want the traffic and neither do the people on Grand Concourse, but that it does not alter the reality that the cars need to get from one side of the Village to the other. Based on the Council's comments, Mr. Ulmer withdrew his motion and Mr. Ullman withdrew his second. Page 2 • • • Following a discussion regarding how much the Village Administration could accomplish in-house, Mr. Ullman moved to ask Staff to provide a report and recommendations to the Council regarding the N.E. 95th Street, N.E. 96th Street and Grand Concourse roadways. Mr. Ulmer seconded the motion and the vote was unanimous in favor. 4) ANNOUNCEMENTS The Village Clerk made the announcements. 5) PUBLIC COMMENTS Betty Lasch Ms. Lasch thanked the Council on behalf of the Property Owner's Association and the Chamber of Commerce for the decisions they made. Fred Newman Mr. Newman spoke about the Historic Preservation Board. 6) COUNCIL COMMENTS Bob Blum "Ditto" Greg Ullman Mr. Ullman announced details relating to the upcoming Theater performance, Falsettos. Prospero Herrera Mr. Herrera spoke about the Fine Arts Commission's Concerts in the Park. Mark Ulmer Mr. Ulmer thanked Kimley-Horn for their attendance and expressed his appreciation to the members of the Historic Preservation Board. Al Davis Mayor Davis spoke about sharing the past year with his colleagues on the Council. 7) ADJOURNMENT The April 16, 2002 Council Meeting was adjourned at 9:22 PM. Barbara A. Fugazzi, C C Village Clerk Page 3 P