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10-16-2007 Regular Meeting• Barbara Estep, MMC VILLAGE CLERK MIAMI SHORES VILLAGE Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EstepB aa.MiamiShoresVillage.com • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, October 16, 2007 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following individuals present: PRESENT: ALSO PRESENT: CONSIDERATIONS Herta Holly Stephen Loffredo Hunt Davis Prospero Herrera JC Rodriguez Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE OCTOBER 2, 2007 COUNCIL MEETING MINUTES. Mr. Rodriguez moved approval of the October 2, 2007 Council Meeting Minutes. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. B) APPOINTMENT TO THE CODE ENFORCEMENT BOARD Applicants for the one vacancy on the Code Enforcement Board were as follows: Barry Asmus, Mathias Cabour, Rasha Comeau, Lance Harke, Michael Rotundo and William Pena Wells. Misters Barry Asmus, Mathias Cabour and William Wells were present and spoke on their own behalf. Paper ballots were voted with the following results: • • • Hunt Davis Barry Asmus Steve Loffredo Barry Asmus Herta Holly Lance Harke Prospero Herrera Barry Asmus JC Rodriguez Lance Harke By a majority vote of the Village Council, Mr. Barry Asmus was appointed to the Code Enforcement Board. C) APPOINTMENT TO THE PLANNING & ZONING BOARD Applicants for the three vacancies on the Planning & Zoning Board are as follows: Robert Abramitis, Glen Amoruso, Jerry Bell, Tony Bennett, Mathias Cabour, Rasha Comeau, Richard Fernandez, Lance Harke, Victor Morales, Norman Powell, Michael Rotundo and Robert Swan. Misters Amoruso, Bell, Bennett, Cabour, Fernandez, Morales, Powell and Swan were present and spoke on their own behalf. Paper ballots were voted and collected with the following results: Hunt Davis Abramitis Fernandez Powell Steve Loffredo Abramitis Fernandez Powell Herta Holly Abramitis Fernandez Powell Prospero Herrera Fernandez Powell Swan JC Rodriguez Amoruso Fernandez Powell By a majority vote of the Village Council, Robert Abramitis, Richard Fernandez and Norman Powell were appointed to the Planning & Zoning Board. D) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 523.1 OF THE ZONING APPENDIX A, CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, CONDITIONALLY PROVIDING FOR METAL, GLAZED TILE AND ASPHALT SHINGLES, AS ACCEPTABLE ROOFING MATERIALS, SETTING FORTH THOSE CONDITIONS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the proposed Ordinance into the record. Ms. Estep indicated that since the Ordinance proposed a change to the Zoning Appendix, public hearings were required at each of the two readings of the Ordinance. Mayor Holly opened the floor for the Public Hearing. Resident Michael Heddich spoke in favor of allowing metal roofs and the code change. As no one else present wished to speak on the issue, Mayor Holly closed the Public Hearing. Mr. Loffredo moved to approve the proposed Ordinance on first reading. Mr. Rodriguez seconded the motion. In response to questions posed, Mr. Dacquisto clarified a number of points contained within the text, including the fact that asphalt shingles will continue to be allowed only on homes that cannot structurally support the weight of a tile roof and the ascertain is provided by a licensed engineer. Mayor Holly expressed her concern regarding the requirement that any substantial change from existing materials in place would require approval by the Planning & Zoning Board. Mayor Holly believes that the Village Staff should have the authority to approve the roof material with the Planning & Zoning Board hearing appeals to the Staff decisions. Following a discussion on this particular point, it was the consensus of the Council to request an amendment to the proposed language which will provide for Village Staff approval of a change from existing materials. Mr. Loffredo amended his original motion to move approval of the ordinance on first reading with the understanding that a written amendment will be submitted upon second reading. Mr. Rodriguez consented to the amended motion and seconded the motion. Mayor Holly called for a vote of the Council which was unanimous in favor of the motion. 2) DOCTORS CHARTER SCHOOL • A) REQUEST APPROVAL OF AUTHORITY BOARD'S BY-LAWS. • • Ms. Lisette Reid, School Board Authority Member, outlined the proposed change in the By -Laws which will require a 2/3 vote of the Authority's Board (rather than a simple majority) to propose changes to the By -Laws. Mr. Herrera moved to approve the request to amend the By -Laws as proposed. Mr. Davis seconded the motion and the vote was unanimous in favor of the motion. B) REQUEST APPROVAL OF PROPOSED CHARTER AMENDMENT. Ms. Reid reviewed the proposed Charter amendments, indicating that the majority of amendments were contained in the Student/Parent Handbook and Code of Student Conduct, with such amendments dictated by the Miami - Dade County School Board. Ms. Reid stated that the other important amendment referred to the admissions policy, stressing the college preparatory and academic requirements for admission. Discussion regarding one of the proposed changes relating to the grounds for revocation of the Charter ensued. It was pointed out that the Charter School's attorney had also expressed concern regarding the proposed language and that the attorney was going to be addressing the concern with the County School Board. Following these discussions, Mr. Davis moved to approve the amendments proposed and requested by the Authority and endorse the position of the Authority's attorney with respect to the ground for revocation of the Charter. Mr. Rodriguez seconded the motion and the vote was unanimous in favor of the motion. C) PRESENTATION OF QUARTERLY FINANCIAL REPORT AND APPROVAL OF THE SCHOOL'S ANNUAL BUDGET AND REQUEST FOR DRAW OF FUNDS. Ms. Evelyn D'An, School Board Authority Member, presented information regarding the fmancial status of the Charter School, reporting the highlights of the annual budget. Ms. D'An responded to various questions posed by Council Members with respect to specific line items contained within the fmancial reports. Ms. D'An stated that because of the concerns voiced by Council Members in their individual meetings with her, the School had lowered their original funding request from $360,000, and was is requesting that the Village release $180,000 of North Dade Medical Foundation funding at this time. She further stated that the School may need to return at a later date and request additional funding. A majority of Council Members expressed their hope that no additional funding would be required for the year. Mr. Loffredo moved to approve the modified annual budget, as submitted to the Council during the Council Meeting, as well as a $180,000 monetary draw from the North Dade Medical Foundation funds. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE COUNCIL Stephen Loffredo A) DISCUSSION AND POSSIBLE ACTION REGARDING THE CASA TOSCANA, VILLAGE GOURMET STORE. Mr. Loffredo stated his intent of having a discussion regarding the recent issue surrounding the Casa Toscana Gourmet Store wanting to convert to a restaurant, and outlined how he viewed the matter. Mr. Loffredo indicated that he is looking for the Council to allow him to act as a liaison and see if he can make arrangements for additional parking so that the impediment of insufficient parking is eliminated. Individual Council Members voiced their opinions, commenting that the owner should be doing her own canvassing as it was the owners responsibility, not the Council's. Additionally, it was pointed out to Mr. Loffredo that there were a lot more issues than just the lack of parking which factored into the Planning & Zoning decision. There was no action taken nor recommended at the conclusion of the discussions. 4) ANNOUNCEMENTS • A) The next meeting of the Village Council will be held at the Village Hall on Tuesday, November 6, 2007 beginning at 7:30 PM. 5) PUBLIC COMMENTS George Sauvigne Mr. Sauvigne spoke about the 2' Avenue project and the Planning & Zoning Board's decisions. Marion Rojas Ms. Rojas spoke about parking and that it should not be such an issue as many people can walk downtown. 6) COUNCIL COMMENTS JC Rodriguez Mr. Rodriguez spoke about the Drug Awareness Program at the Community Center. Prospero Herrera Mr. Herrera thanked those residents applying for the Board positions and congratulated the appointees. Stephen Loffredo Mr. Loffredo reiterated the need for the Charter School to be wise with the funding that is available through the grant from the North Dade Medical Foundation. Hunt Davis Mr. Davis congratulated the School of their accomplishments. • Herta Holly Mayor Holly spoke of the upcoming fundraiser at the Charter School to be held on Friday, November 16th. 7) ADJOURNMENT The October 16, 2007 Council Meeting was adjourned at 9:15 PM. Barbara A. Estep, MMC Village Clerk • Herta Holly, Mayor