02-19-2013 Regular MeetingBarbara Estep, MMC
Vi:Uage, CCerk,
Miami Shores Viiiage
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(p.MiamiShoresVillage.com
MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, February 19, 2013
in the Council Chambers of Village Hall. The meeting was called to order at 7:00 PM with the following
individuals present:
PRESENT: Hunt Davis ABSENT: Jim McCoy
Al Davis
Steve Loffredo
Jesse Walters
ALSO PRESENT: Tom Benton, Village Manager
Barbara A. Estep, Village Clerk
Richard Sarafan, Village Attorney
CONSIDERATIONS
1) CHARTER SCHOOL
A) RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL SUPPORTING A PROPOSED
AMENDMENT TO F.S. 1011.71 PROVIDING FOR CHARTER SCHOOLS -IN -A -MUNICIPALITY TO
RECEIVE FUNDS FROM THE DISTRICT SCHOOL BOARD MILLAGE LEVY FOR CAPITAL
OUTLAY, PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the resolution into the record. Ms. Alice Burch was present and spoke on behalf of the
School. Ms. Burch provided background information regarding the request for support of proposed legislative changes
which would require that County School Boards share capital funds received from the School Board's millage levies
with municipal charter schools. Following a brief discussion on the issue, Councilman Davis moved to adopt the
resolution as presented. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion.
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2) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE FEBRUARY 5, 2013 COUNCIL MEETING MINUTES.
Councilman Walters moved to approve the February 5, 2013 Council Meeting Minutes as presented. Councilman
Loffredo seconded the motion and the vote was unanimous in favor of the motion.
B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES
VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 6,
"BUILDINGS AND BUILDING REGULATIONS" BY CREATING SECTION 6-8, SETTING
FORTH REGULATIONS RELATING TO CONSTRUCTION NOISE ASSOCIATED WITH
CONSTRUCTION UNDER BUILDING PERMITS ISSUED BY THE VILLAGE, PROVIDING
FOR SEVERABILITY, PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the ordinance into the record and requested that the Council consider tabling the item until
all five members of the Council are present. Councilman Loffredo moved to table the item until March 5, 2013.
Councilman Walters seconded the motion and the vote was unanimous in favor of the motion.
C) 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
APPENDIX A, "ZONING", PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the ordinance into the record. The Village Planning Director, David Dacquisto, provided
information regarding some of the recommended changes in the proposed Appendix, which included clarifying
definitions and personnel assignments within the Appendix. Mr. Sarafan summarized the work done by the Planning &
Zoning Board and Mr. Dacquisto as restructuring, clarifying and making the Appendix more user-friendly.
Mr. Benton outlined three areas of the proposed Appendix which he would like the Council to consider for further
amendment. The first issue is that the proposed Appendix calls for all additions, no matter the size or scope, be referred
to the Planning & Zoning Board for review. Mr. Benton indicated that this process may add 4 to 6 weeks to the
permitting process and believes that Staff should be given the authority to authorize additions or changes to properties
that are in the rear yards.
The second item of concern to Mr. Benton was the requirement that commercial properties provide their own dumpsters
for garbage pick-up. Mr. Benton explained that due to certain dumpster size requirements that must be met and Chapter
9 of the Village Code of Ordinances which states that the Village shall pick-up all garbage and trash throughout the
Village, he would like to see the reference to commercial property owners providing the dumpsters be deleted.
Lastly, Mr. Benton expressed his concern regarding a provision which would allow any individual to appeal to the
Planning & Zoning Board regarding a decision made by any administrative officer of the Village. Mr. Benton
explained that if an individual disagrees with a decision made by the Finance Director or Public Works Director, the
"appeal" would be made to the Village Manager and ultimately, the Council, not the Planning & Zoning Board.
Following Mr. Benton's suggested changes and a brief discussion; Councilman Davis moved to adopt the Ordinance on
first reading to approve the proposed Appendix A with Mr. Benton's amendments. Vice Mayor Davis seconded the
motion.
In response to a question from Councilman Walters, Mr. Dacquisto indicated that parking requirements for the
downtown business district had been amended to allow for/take into consideration: a) shared parking, b) time of day
differences, and c) the opportunity to have the business owner conduct a traffic study plan.
Vice Mayor Davis opened the floor for the Public Hearing.
Sarah Herald Ms. Herald requested a copy of the draft document.
Adriana Diaz Ms. Diaz asked about the fence height allowances.
Seeing no one else come forward, Vice Mayor Davis closed the Public Hearing. Councilman Loffredo indicated that
due to his issues with the possibility of "McMansions", he could not support the proposed Appendix amendments if
they were to include the first item on Mr. Benton's list of concerns. Councilman Walters indicated that he was
disappointed that downtown parking requirements were not relaxed to a greater extent. Vice Mayor Davis addressed
the Council to see if a compromise could be worked out in order to move the ordinance and associated Zoning
Appendix for second reading. Following a brief discussion, Councilman Davis amended his original motion omitting
Mr. Benton's item #1 and to include only the second two concerns expressed by Mr. Benton. Vice Mayor Davis
seconded the amended motion as presented by Councilman Davis. Vice Mayor Davis called the question which passed
by a three to one vote with Councilman Walters dissenting.
3) FINANCE DEPARTMENT
A) A RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE ISSUANCE
OF ITS REFUNDING GENERAL OBLIGATION BOND, SERIES 2013 IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEED $2,300,000 TO REFUND AN OUTSTANDING LOAN, AS
MORE FULLY DESCRIBED HEREIN; AUTHORIZING THE PRIVATE NEGOTIATED SALE
OF THE BOND TO STI INSTITUTIONAL & GOVERNMENT, INC. PURSUANT TO THE
TERMS AND CONDITIONS OF A LOAN AGREEMENT WITH THE FLORIDA MUNICIPAL
LOAN COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, AND STI INSTITUTIONAL &
GOVERNMENT, INC.; APPROVING THE EXECUTION AND DELIVERY OF SAID LOAN
AGREEMENT; MAKING SUCH DETERMINATIONS AS ARE REQUIRED TO AFFORD THE
BOND "BANK QUALIFIED" STATUS; PROVIDING CERTAIN OTHER MATTERS IN
CONNECTION WITH THE ISSUANCE OF THE BOND; AND PROVIDING AN EFFECTIVE
DATE.
Ms. Estep read the caption of the resolution into the record. Mr. Benton provided background information regarding
refinancing the original General Obligation Bond which was used to construct the Village's Aquatic Center. It was
confirmed that the Bond would not be rolled over to fund downtown sewers and that the same maturation date of April
1, 2029 would be on the new loan agreement. Ms. Hugdahl, the Village Finance Director indicated that there is a five
year requirement before paying off the loan with no penalties. Councilman Davis then moved to adopt the resolution.
Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion.
4) ANNOUNCEMENTS
Ms. Estep read the announcements.
5) PUBLIC COMMENTS
Sarah Herald Ms. Herald indicated that Barry University will oppose the building construction noise ordinance.
Herta Holly Ms. Holly congratulated the Staff and Council for their work on the zoning code.
Julio Martinez Mr. Martinez asked about the proposed changes to the zoning code with respect to parking.
Manny Quiroga Mr. Quiroga spoke of the car show planned for Unity Day.
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6) COUNCIL COMMENTS
Jesse Walters Councilman Walters spoke of the upcoming Chamber event honoring Al Davis.
Steve Loffredo Councilman Loffredo also spoke of the Chamber event and Unity Day.
Al Davis Thanked the Chamber for naming him as Citizen of the Year.
Hunt Davis Vice Mayor Davis spoke of Unity Day.
7) ADJOURNMENT
The February 19, 2013 Council Meeting was adjourned at 7:55 PM.
Barbara A. Estep, MMC
Village Clerk
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Hunt Davis, Vice Mayor