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09-18-2012 Regular Meetingthen moved to adopt the Resolution adopting the Fiscal Year 2012-2013 Budgets as presented. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. Clarification was provided regarding the formula used to calculate the property assessments and roll -back rate which resulted in the "Notice of Tax Increase" statement which appeared in the published advertisement. 3) ADJOURNMENT The September 18, 2012 Public Hearing on the Fiscal Year 2012-2013 tax levies and budget was adjourned at 6:40 PM. Barbara A. Estep, MMC Village Clerk MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled Council Meeting was held on Tuesday, September 18, 2012 in the Council Chambers of Village Hall. The meeting was called to order immediately following the conclusion of the second and final hearing on the Fiscal Year 2012-2013 millage rates and budgets. The following individuals were present for the meeting: PRESENT: Jim McCoy Hunt Davis Al Davis Steve Loffredo Jesse Walters ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk ABSENT: Richard Sarafan, Village Attorney (on vacation) CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE SEPTEMBER 4TH, 2012 BUDGET HEARING AND COUNCIL MEETING MINUTES. Councilman Walters moved to approve the September 4th Budget Hearing and Council Meeting Minutes as presented. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. B) Councilman Loffredo requested that the agenda items be taken out of order, with Item 2A being discussed prior to Item 1B. Council Members consented to allowing for a discussion regarding Florida Friendly Landscaping prior to consideration of the proposed ordinance. 2) VILLAGE COUNCIL Jesse Walters . A) DISCUSSION REGARDING "FLORIDA FRIENDLY LANDSCAPING". • Councilman Walters provided some background information on how the issue of permissible landscaping has been raised and the Planning & Zoning Board's past hearings on the subject of Florida Friendly Landscaping versus xeriscaping. Mayor McCoy clarified that the current Village Code does not prohibit the concept of Florida Friendly Landscaping and contrary to some misinformation that was circulated in the community; the Council does not wish to amend the Code or do anything that would not support the majority of guidelines specified as Florida Friendly Landscaping ("FFL"). Mr. David Dacquisto, the Village's Planning & Zoning Director, clarified that the current Village Code does not allow the use of rocks as a replacement for sod, nor does it allow for dead trees to remain on a property. A number of Village residents, namely, David Hunter, Kim Krause, Lisa Chowning, John Rodriguez, Cynthia Clay, and Gwen Burzycki spoke in support of "FFL". Resident Richard Criswell spoke of xeriscaping and his particular yard. At the conclusion of the comments, Council Members thanked the residents for their insightful thoughts. 1A) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, AMENDING APPENDIX A, "ZONING" OF THE VILLAGE'S CODE OF ORDINANCES BY REPEALING THE CONTENTS OF THE APPENDIX IN ITS ENTIRETY AND ADOPTING A NEW ZONING APPENDIX A, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the Ordinance into the record and explained that the purpose of the proposed ordinance is to allow transmission of the draft zoning appendix to the Planning & Zoning Board for their review before being scheduled for hearings and adoption by the Council in the future. Individual Council Members spoke of items that they would like to see included in the new code, i.e. vinyl fence materials and non -masonry constructed sheds, solar panels between the hybrid roof tile rows, easing of parking requirements for the downtown business district, as well as references to the Florida Friendly Landscaping program. Council expressed some concern regarding referencing a third party program in the Village Code and Mr. Benton suggested that Mr. Sarafan will be reviewing and can propose appropriate language once he reviews the document. Subsequently, Councilman Walters moved to approve the ordinance. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. In response to questions from Staff, the Council indicated that they would like to have the official Public Hearings at the Council meetings and secondly, that they expect the draft document to be back to them for the first meeting in February. 2B) DISCUSSION REGARDING BOARD/COMMITTEE APPLICATION DEADLINE. Councilman Walters spoke of his concerns with the past experience of considering an application which had been submitted following the deadline to apply. He indicated that he would like to have the Council agree to abide by the deadline of September 25th that has been advertised. At the request of Mayor McCoy, Councilman Walters then moved to only accept applications submitted prior to the deadline posted by the Village Clerk of September 25, 2012. Councilman Loffredo seconded the motion. Council Members expressed their thoughts on the issue, with Vice Mayor Davis and Councilman Davis indicating that they would rather look at each case, and fill a vacancy with the most qualified candidate rather than necessarily adhere to a deadline. Mayor McCoy called for the vote which failed by a 2 — 3 vote margin, with Councilman Walters and Councilman Loffredo voting for the motion and Mayor McCoy, Vice Mayor Davis and Councilman Davis voting against the motion. 3) ANNOUNCEMENTS 1111 Ms. Estep read the announcements. • • 4) PUBLIC COMMENTS Douglas Walgreen Spoke of an incident at the tot lot. George Espinosa Cynthia Clay Requested consideration for a stop sign on N.E. 3rd Avenue and N.E. 98th Street. Ms. Clay spoke of rocks as part of the Florida Friendly Landscaping program. Richard Criswell Spoke of the Village Code Enforcement Department. Guiermo Romone Spoke of the earlier discussion regarding rocks as part of the landscaping program. Juan Garcia Spoke of traffic on N.W. 15t and N.W. 2nd Avenues. Gwen Burzycki Asked for consideration of expanded pool hours on Sundays. 5) COUNCIL COMMENTS Jesse Walters No Comment Steve Loffredo Councilman Loffredo distributed an article regarding the Coral Gables Police Department pension benefit cuts and spoke of an article regarding the Miami Theatre Center. Al Davis Councilman Davis thanked the individuals that called and sent notes while he was recuperating from surgery. Hunt Davis No Comment Jim McCoy Mayor McCoy spoke of the 9/11 Dedication Ceremony and the grass roots effort to raise funds to build the surrounding monument. Mayor McCoy thanked the people involved for their efforts. 6) ADJOURNMENT The September 18, 2012 Council Meeting was adjourned at 8:05 PM. Barbara A. Estep, MMC Village Clerk Jim McCoy, Mayor