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11-04-2008 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: EsteDB an.MiamiShoresVillage.com • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, November 4, 2008 in the Council Chambers of the Village Hall. The Meeting was called to order at 7:30 PM with the following members present: PRESENT: Herta Holly Steve Loffredo Hunt Davis Prospero Herrera JC Rodriguez ALSO PRESENT: Tom Benton, Village Manager ABSENT: Richard Sarafan Barbara Estep, Village Clerk Village Attorney CONSIDERATIONS Prior to the beginning of the meeting, Ms. Estep advised the Council that there had been an error in the number of reported vacancies for the Fine Arts Commission. Ms. Estep indicated that there had actually been five vacancies rather than the reported four vacancies. Five residents applied for appointment to the Fine Arts Commission within the allotted time and the Council appointed four residents, believing there were only four vacancies. Ms. Estep requested that the Council consider formally appointing the fifth applicant, Ms. Miryam Rojas to the Fine Arts Commission. Ms. Rojas was present and introduced herself to the Council. Mr. Loffredo then moved to appoint Ms. Rojas to the Fine Arts Commission. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE OCTOBER 21, 2008 COUNCIL MEETING MINUTES. Mr. Herrera moved approval of the October 21, 2008 Council Meeting Minutes. Mr. Rodriguez seconded the motion and the vote was unanimous in favor of the motion. • B) APPOINTMENT TO THE HISTORIC PRESERVATION BOARD Applicant: Alain Gonzalez Ms. Estep advised the Council that there were still two vacancies on the Historic Preservation Board, with Mr. Gonzalez requested consideration for appointment. Mr. Loffredo moved to appoint Alain Gonzalez to the Historic Preservation Board. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. C) REQUEST APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS TO: 1) PURCHASE AN ELECTRONIC TRAFFIC CITATION SYSTEM 2) STANDARDIZF PAINT SCHEME ON ALL MARKED POLICE VEHICLES. Chief Lystad provided the Council with information regarding the two requests, including details on the need for an electronic traffic citation system to assist the motorcycle detail officers with their duties and the added durability of the proposed system over the current laptop system. With respect to the vehicle painting request, Chief Lystad indicated that having a uniformed paint scheme for the patrol cars is a requirement in the accreditation process that the Village is seeking. Mr. Loffredo moved to approve the request for appropriation and expenditure of forfeiture funds. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. D) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, APPROVING AMENDMENTS TO THE 2025 COMPREHENSIVE PLAN, INCLUDING ADOPTION OF THE PUBLIC SCHOOLS FIVE YEAR WORK PLAN, AND THE CAPITAL IMPROVEMENT ELEMENT, PROVIDING FOR AN EFFECTIVE DATE. (Public Hearing Required) Mr. Dacquisto, the Village's Planning & Zoning Director, explained the new State requirements to the Council, indicating that the State now requires an annual Comprehensive Plan amendment to include an updated five year capital improvement element and an updated School Work Program relating to the Miami -Dade County Schools. Mr. Dacquisto clarified that the amendments would be reviewed and approved by the Department of Community Affairs (DCA) but should the need arise, he believes that the DCA would allow the Village to deviate from the submitted capital improvement plan as the plan will be amended by the Council on a yearly basis as part of the normal budget process. Mr. Rodriguez moved to approve the proposed amendments and adopt the transmittal resolution as submitted. Mr. Loffredo seconded the motion. Mayor Holly opened the floor for the Public Hearing. No one present wished to speak and subsequently Mayor Holly closed the Public Hearing and called for the vote, which was unanimous in favor of the motion. E) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 15 "OFFENSES", BY CREATING SECTION 15-3," DANGEROUS INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE MONITORING, PROVIDING FOR ENFORCEMENT OF RED LIGHT INFRACTIONS, PROVIDING FOR RELATED PROCEDURES AND PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (2nd & Final Reading — Public Hearing Required) F) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA; AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 2 "ADMINISTRATION", ARTICLE IV "CODE ENFORCEMENT", TO FACILITATE THE USE OF CODE ENFORCEMENT AS A MEANS TO PROCESS VIOLATIONS OF THE DANGEROUS INTERSECTION SAFETY REGULATION, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (2nd & Final Reading — Public Hearing Required) As Items 1E and 1F are related, the items will be discussed simultaneously. Councilman Davis, who was absent for the first reading of the ordinances, expressed many concerns he has with the proposed legislation. Mr. Davis' stated that he does not agree with the premise of the policy. He went on to • • • express his concerns which centered around privacy issues, both in terms of the cameras themselves, as well as the images the cameras will capture and transmit to a contracted outside agency. Mr. Davis also shared his concern with having the Code Enforcement Board hear the contested cases. Individual Council Members offered their thoughts regarding Mr. Davis' comments and concerns, pointing out that Mr. Davis had some valid points but the program was geared towards increasing safety in the community and the Police Department overall. It was suggested that a Special Master might be retained in order to hear cases rather than the Code Enforcement Board. The Mayor opened the floor for the Public Hearing. Residents Donna Hurtak, TF Chambers, Bekky Leonard, Jerry Lance and Jerome Hurtak, all spoke against the proposed ordinances. Mayor Holly closed the Public Hearing. It was suggested that additional discussion take place and information be made available upon the return of Mr. Sarafan. Subsequently, Mr. Herrera moved to table the two items until the November 18, 2008 Council Meeting. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE COUNCIL Stephen Loffredo A) DISCUSSION AND POSSIBLE ACTION TO ESTABLISH A POLICY ON THE COLLECTION OF CODE ENFORCEMENT LIENS ON FORECLOSED PROPERTY. Mr. Loffredo offered information regarding his intent on introducing the item and stated that due to Mr. Sarafan's absence, he did not expect any action to be taken, only discussion. He spoke of his idea to have the Council and the Code Enforcement Board meet to exchange ideas on dealing with properties in foreclosure. Council Members discussed the merits of meeting with the Code Enforcement Board rather than just providing them with the Council's directives, preferred policy, etc. Mr. Loffredo summarized the purpose of the draft resolution that Mr. Sarafan had prepared. Mr. Rodriguez moved not to have a joint meeting with Code Enforcement. Mr. Davis seconded the motion and the vote was 3 to 2 in favor of the motion with Mr. Rodriguez, Mr. Davis and Mayor Holly voting in favor of the motion and Mr. Loffredo and Mr. Herrera voting against the motion. Subsequent to this motion, Mr. Loffredo moved to table the item until the November 18, 2008 Council Meeting. Mr. Davis seconded the motion and the vote was unanimous in favor of the motion. 3) ANNOUNCEMENTS Ms. Estep read the announcements. 4) PUBLIC COMMENTS TF Chambers Mr. Chambers spoke of the success of the voting process at the Community Center precinct. 5) COUNCIL COMMENTS JC Rodriguez No comment offered. Prospero Herrera Mr. Herrera thanked Scott Davis with respect to moving the N.E. 2" Avenue Sabal palms to Constitution Park. He also thanked the residents for voting. Hunt Davis Mr. Davis spoke more about the Red Zone Infraction ordinances. Steve Loffredo Mr. Loffredo spoke of his intention to bring up the possibility of solar engineering for the new motor pool building and distributed information regarding the use of solar power. Herta Holly Mayor Holly thanked Sister Bernadette from St. Rose of Lima for the invocation. Mayor Holly also spoke of Election Day. • 6) ADJOURNMENT The November 4, 2008 Council Meeting was adjourned at 8:38 PM. Barbara A. Estep, MMC Village Clerk • • Herta Holly, Mayor