Village Council Meeting
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VILLAGE COUNCIL MEETING TUESDAY, MARCH 14, 2006, 7:00 P.M. PINECREST MUNICIPAL CENTER/COUNCIL CHAMBER 12645 PINECREST PARKWAY PINECREST, FLORIDA I. CALL TO ORDER/ROLL CALL OF MEMBERS II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES: TAB 1 A. FEBRUARY 13, 2006 IV. AGENDA/ORDER OF BUSINESS V. SPECIAL PRESENTATIONS VI. ORDINANCES: NONE VII. RESOLUTIONS: A. A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, TAB 2 APPROVING PROPOSED MUNICIPAL BOUNDARY CHANGES BY ANNEXING THE ADDITIONAL LANDS REFERRED TO AS “SNAPPER CREEK CANAL COMMERCIAL TRIANGLE” INTO THE VILLAGE OF PINECREST; REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY TO EFFECT BY ORDINANCE THE PROPOSED BOUNDARY CHANGES; PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC HEARING) CELEBRATING A DECADE OF EXCELLENCE March 14, 2006 Village Council Meeting B. A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, TAB 3 ADOPTING PARKING RESTRICTIONS ALONG PORTIONS OF SOUTHWEST 120 STREET PURSUANT TO ORDINANCE 2001-6; PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, TAB 4 ENCOURAGING THE FLORIDA LEGISLATURE TO SUPPORT THE MIAMI-DADE COUNTY SCHOOL BOARD’S 2006 LEGISLATIVE INITIATIVES; PROVIDING FOR AN EFFECTIVE DATE. VIII. REPORTS AND RECOMMENDATIONS: A. MAYOR/COUNCILMEMBERS: 1. APPOINTMENT OF SPECIAL MASTERS (MAYOR) TAB 5 2. ASSISTANT VILLAGE MANAGER POSITION (MAYOR) 3. FLAGLER GROVE PARK UPDATE (MAYOR) B. VILLAGE MANAGER C. VILLAGE CLERK: 1. CHARTER REVIEW COMMISSION TAB 6 2. 10TH ANNIVERSARY CELEBRATION UPDATE TAB 7 D. VILLAGE ATTORNEY 2 March 14, 2006 Village Council Meeting IX. PLANNING (7:45 P.M. TIME CERTAIN): THESE PUBLIC HEARINGS ARE QUASI-JUDICIAL PROCEEDINGS AND SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF ORDINANCE 96-7 (AS AMENDED BY ORDINANCE 2005-2). ALL PERSONS ADDRESSING THE VILLAGE COUNCIL SHALL BE SWORN-IN PRIOR TO GIVING TESTIMONY AND MAY BE SUBJECT TO CROSS EXAMINATION. ALL PERSONS ADDRESSING THE VILLAGE COUNCIL SHALL STATE THEIR NAME AND ADDRESS FOR THE RECORD. A. HEARING NUMBER 2006-0314-1 TAB 8 APPLICANT: KENDALL IMPORTS, LLC LOCATION: 10943 SOUTH DIXIE HIGHWAY REQUEST: A MODIFICATION OF THE DECLARATION OF RESTRICTIONS (RECORDED IN BOOK 20093, PAGES 3434-3446 OF THE OFFICIAL RECORD OF MIAMI-DADE COUNTY), AS APPROVED BY DEVELOPMENT ORDER 2001-0612-2, TO PERMIT THE INSTALLATION OF AN EMERGENCY GENERATOR AND REVISIONS TO THE PREVIOUSLY APPROVED LANDSCAPE PLAN B. HEARING NUMBER 2006-0314-2 TAB 9 APPLICANT: PINECREST EAST, LLC LOCATION: 11833-11845 SOUTHWEST 81 ROAD REQUEST: FINAL PLAT APPROVAL FOR SEVEN-UNIT TOWNHOUSE DEVELOPMENT X. SCHEDULE OF FUTURE MEETINGS: A. VILLAGE COUNCIL TUESDAY, APRIL 11, 2006, 7:00 P.M. 3 March 14, 2006 Village Council Meeting XI. ADJOURNMENT ANYONE WISHING TO OBTAIN A COPY OF AN AGENDA ITEM MAY CONTACT THE VILLAGE CLERK AT (305) 234-2121, DOWNLOAD THE COMPLETE AGENDA PACKET FROM THE VILLAGE’S WEB SITE (WWW.PINECREST-FL.GOV) OR VIEW THE AGENDA PACKET AT VILLAGE HALL (12645 PINECREST PARKWAY) DURING REGULAR BUSINESS HOURS (MONDAY - FRIDAY, 8:00 A.M. - 4:30 P.M.). IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE VILLAGE CLERK AT (305) 234-2121 NOT LATER THAN FOUR BUSINESS DAYS PRIOR TO SUCH PROCEEDING. PURSUANT TO SEC. 2-11.1(S) OF THE CODE OF MIAMI-DADE COUNTY, ALL PERSONS, FIRMS OR CORPORATIONS EMPLOYED OR RETAINED BY A PRINCIPAL WHO SEEKS TO ENCOURAGE THE PASSAGE, DEFEAT, OR MODIFICATIONS OF (1) ORDINANCE, RESOLUTION, ACTION OR DECISION OF THE VILLAGE COUNCIL; (2) ANY ACTION, DECISION, RECOMMENDATION OF ANY VILLAGE BOARD OR COMMITTEE; OR (3) ANY ACTION, DECISION OR RECOMMENDATION OF VILLAGE PERSONNEL DURING THE TIME PERIOD OF THE ENTIRE DECISION-MAKING PROCESS ON SUCH ACTION, DECISION OR RECOMMENDATION WHICH WILL BE HEARD OR REVIEWED BY THE VILLAGE COUNCIL, OR A VILLAGE BOARD OR COMMITTEE SHALL REGISTER WITH THE VILLAGE BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES ON FORMS PREPARED BY THE VILLAGE CLERK AND SHALL STATE UNDER OATH HIS OR HER NAME, BUSINESS ADDRESS, THE NAME AND BUSINESS ADDRESS OF EACH PERSON OR ENTITY WHICH HAS EMPLOYED SAID REGISTRANT TO LOBBY, AND THE SPECIFIC ISSUE ON WHICH HE OR SHE HAS BEEN EMPLOYED TO LOBBY. A COPY OF THE LOBBYIST REGISTRATION FORM IS AVAILABLE FROM THE OFFICE OF THE VILLAGE CLERK OR ONLINE AT PINECREST-FL.GOV/CLERK. PURSUANT TO FLORIDA STATUTE 286.0105, ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING SHALL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4 TAB 1 VILLAGE COUNCIL MEETING MONDAY, FEBRUARY 13, 2006, 7:00 P.M. PINECREST MUNICIPAL CENTER/COUNCIL CHAMBER 12645 PINECREST PARKWAY PINECREST, FLORIDA I. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the mayor at 7:00 p.m. Present were the following: Councilmember Cindie Blanck Councilmember Nancy L. Harter Councilmember Gail D. Serota Vice Mayor Robert Hingston Mayor Gary C. Matzner Village Clerk Guido Inguanzo Village Attorney Cynthia Everett Acting Village Manager John Hohensee II. PLEDGE OF ALLEGIANCE: Councilmember Harter led the Pledge of Allegiance. III. APPROVAL OF MINUTES: Councilmember Blanck made a motion adopting the minutes of the meeting of January 17, 2006. The motion was seconded by Councilmember Harter and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Blanck, Harter, Serota, Vice Mayor Hingston, and Mayor Matzner voting Yes. IV. AGENDA/ORDER OF BUSINESS: There were no changes to the agenda. V. SPECIAL PRESENTATIONS: Michael Futterman, of Rachlin Cohen & Holtz, the Village’s auditor, made a presentation regarding the 2004-2005 Comprehensive Annual Financial Report. VI. ORDINANCES: The clerk read the following ordinance, on first reading, by title: Page 1 of 6 Village Council Meeting February 13, 2006 AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, CREATING A NEW CHAPTER ENTITLED “FILMING”; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The following citizens addressed the Council regarding the proposed ordinance: Al Crespo, 689 Northeast 92 Street, Miami Shores; Alexis McClain, 925 Northeast 119 Street, Biscayne Park; Joanne Justiz, 7321 Southwest 117 Terrace; Al Kramer, 7120 Southwest 95 Street; Carl Hersh, 9051 Southwest 69 Court; Bob Oliver, 9501 Southwest 61 Court; Dana Lloret, 9450 Southwest 61 Court; Andrew Nathanson, 12864 Biscayne Boulevard, North Miami; Steve Arch, 5800 Southwest 91 Street; Clint Finney, 2230 Southwest 87 Street, Miami; John Steinbauer, 9500 Southwest 73 Avenue; and Christina LaBuzetta, 465 Ocean Drive, Miami Beach. Councilmember Blanck made a motion tabling the ordinance. The motion was seconded by Councilmember Harter and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Blanck, Harter, Serota, Vice Mayor Hingston, and Mayor Matzner voting Yes. VII. RESOLUTIONS: The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, ADOPTING THE AUDITOR’S COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR 2004-2005; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Blanck made a motion adopting the resolution. The motion was seconded by Vice Mayor Hingston. Resolution 2006-1 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Blanck, Harter, Serota, Vice Mayor Hingston, and Mayor Matzner voting Yes. The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, URGING THE FLORIDA LEGISLATURE TO AMEND THE FWUA LEGISLATION TO CHANGE THE ARBITRARY WINDSTORM “LINE” SO AS TO FAIRLY DISTRIBUTE RISK THROUGHOUT THE STATE; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Serota made a motion adopting the resolution. The motion was seconded by Councilmember Blanck. Resolution 2006-2 was adopted by a unanimous Page 2 of 6 Village Council Meeting February 13, 2006 voice vote. The vote was as follows: Councilmembers Blanck, Harter, Serota, Vice Mayor Hingston, and Mayor Matzner voting Yes. The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING A ROAD CLOSURE PETITION BY OTTAVIO PALUCCI, REQUESTING THAT THE VILLAGE VACATE THE PUBLIC RIGHT-OF-WAY ON THAT PORTION OF SOUTHWEST 62 AVENUE BETWEEN SOUTHWEST 96 STREET AND 98 STREET; PROVIDING FOR AN EFFECTIVE DATE. Planning Director James Holland gave an oral report, based on his memorandum of February 8, 2006, recommending approval of the request subject to the recordation of individual quit claims deeds within ninety days of adoption of the resolution. The mayor opened the public hearing. Walter Goldberg, 9701 Southwest 62 Court, addressed the Council. Councilmember Serota made a motion adopting the resolution. The motion was seconded by Councilmember Blanck. Resolution 2006-3 was adopted by a 4 – 1 roll call vote. The vote was as follows: Councilmembers Blanck, Harter, Serota, and Mayor Matzner voting Yes; Vice Mayor Hingston voting No. The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING A ROAD CLOSURE PETITION BY ALEX ECHO, REQUESTING THAT THE VILLAGE VACATE THE PUBLIC RIGHT-OF-WAY ON THAT PORTION OF SOUTHWEST 57 AVENUE AT SOUTHWEST 131 TERRACE ADJACENT TO LOTS 10 AND 11 OF THE CRAIGDALE MANOR SUBDIVISION; PROVIDING FOR AN EFFECTIVE DATE. Planning Director Holland gave an oral report, based on his memorandum of February 8, 2006, recommending approval of the request subject to the recordation of individual quit claims deeds and all necessary utility easements within ninety days of adoption of the resolution. The mayor opened the public hearing.