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02-02-1999 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Village Council was held on Tuesday, February 2, 1999 at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Agosta Louis Imburgia Stephen Loffredo Cesar Sastre Herb Spahn ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1. MEETING MINUTES • A. APPROVAL OF THE JANUARY 19, 1999 REGULAR COUNCIL MEETING MINUTES. • Mr. Loffredo moved approval of the January 19, 1999 Council Meeting Minutes. Mr. Sastre seconded the motion and the vote was unanimous in favor. 2. VILLAGE MANAGER Tom Benton A. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES, FLORIDA, APPROVING THE CHANGE OF CONTROL OF THE TCl/TKR OF SOUTH FLORIDA, INC. CABLE TELEVISION FRANCHISE FROM TCI TO AT&T CORP. The Clerk read the caption of the Resolution. Mr. Benton briefly outlined the background information and the purpose of the Resolution. Mr. Benton introduced Allison Hift, special counsel to the Village from the firm of Leibowitz & Associates. Ms. Hift explained the process of the transfer application and the requirement of our Ordinance necessitating Council approval prior to any transfer taking place. Ms. Hift reviewed the details of the negotiations which have taken place and the concessions made by TCI. These include, payment for legal fees associated with negotiations, payment to the Village of incorrectly calculated franchise fees, internet franchise fees, and a fiber optic cable system from Bayfront Park and the Tot -lot to our police station. Due to the concessions obtained on behalf of the Village, Ms. Hift recommended approval of the Resolution. . 4 Mayor Agosta clarified with Ms. Hift that the transfer of the Franchise will not effect the expiration date of the current Franchise Agreement and Ordinance between the Village and TCI. Councilman Spahn asked why the sequence of transfers - TCI to AT&T and then AT&T to • MediaOne. Ms. Hift indicated that AT&T is purchasing TCI, but MediaOne and TCI will essentially be swapping cable services. Ms. Hift verified that the transfer of control will only effect the offered TV cable services and if the Franchisee expands the service to telephone service, a new, separate agreement will need to be agreed to, including fees, service levels, etc. Mr. Sarafan stated that the reason the transfers are not being considered together, is that TCI believes that with the delivery of the TCl/AT&T FCC 394 transfer application, a 120 day deadline period was triggered and the Village needed to take action prior to the expiration of the deadline. Mr. Loffredo verified that franchise fees that shift from one service provider to another will be recaptured, as the Village uses these fees to fund the yearly operating budget. Mr. Loffredo further verified that TCI has agreed to provide the fiber optic cable for the park and the tot -lot within a year. e • Mr. Loffredo moved approval of the Resolution as presented and recommended by Staff. Mr. Spahn seconded the motion and the vote was unanimous in favor. 3. VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, REPEALING IN PART THE CURRENT NIIANII SHORES VILLAGE COMPREHENSIVE PLAN AND ADOPTING A NEW MIAMI SHORES VILLAGE COMPREHENSIVE PLAN TO BE KNOWN AS THE "MIAMI SHORES VILLAGE 2010 COMPREHENSIVE PLAN;" PROVIDING THAT THE GOALS, OBJECTIVES AND POLICIES ARE ADOPTED; PROVIDING THAT THE DATA AND ANALYSIS ARE NOT ADOPTED; DIRECTING THE VILLAGE MANAGER TO TRANSMIT AND SUBMIT THE MIAMI SHORES VILLAGE 2010 COMPREHENSIVE PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; DIRECTING THE VILLAGE MANAGER TO PUBLISH COPIES OF THE MIAMI SHORES VILLAGE 2010 COMPREHENSIVE PLAN; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Ordinance. Mr. Benton introduced the consulting city planner, Robert Swarthout, who prepared the amendments. Mr. Swarthout reviewed the Statute requirements regarding periodic evaluation and appraisal, and the process involved with amending the Comprehensive Plan. Mr. Swarthout indicated that there were no radical changes in the Plan, but a refining of the current Plan and an update of factual information contained within the document. Mr. Swarthout stated that due to a challenge to the last amendment concerning the property which housed the Kennel Club, he has written the new amendment to repeal the previous Plan but not all of the previous Plan due to this challenge which remains unresolved. Mr. Swarthout submitted a letter outlining proposed language which addresses the three items which were of concern to the Planning & Zoning Board. This letter is attached and made a permanent part of the record. Mr. Loffredo verified that other than the three items addressed in Mr. Swarthout's letter, the Planning & Zoning Board approved the amended Comprehensive Plan. Page 2 Mayor Agosta requested Public Comment on this issue. M • • Mark Ulmer Mr. Ulmer, former Village Attorney, recommended that the Council approve the document. Mr. Ulmer clarified the requirements in relation to the Coast High Hazard zone, verifying that if a home is destroyed by a hurricane in this area and is to be rebuilt, the requirements set forth in the building code and the FEMA requirements would be met. Ray Jones Mr. Jones verified that this public hearing would not be the resident's last chance to review the plan and to offer comment. Mayor Agosta closed Public Comment. Mr. Imburgia moved to adopt the Ordinance on the first reading as per the recommendations and to transmit the proposed Miami Shores 2010 Comprehensive Plan document to the Department of Community Affairs. Mr. Sastre seconded the motion and the vote was unanimous in favor. B. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 270 OF THE CODE OF ORDINANCES BY ADDING A SECTION TO BE NUMBERED 504.2 ADDRESSING TEMPORARY POLITICAL SIGNS AND PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Ordinance Mr. Benton offered background information and indicated that the Village Attorney has recommended that the Ordinance language not be amended. Mayor Agosta asked for Public Comment. No one wished to speak on the proposed Ordinance and Mayor Agosta closed Public Comment. Mr. Sastre moved adoption of the Ordinance as presented by the Village Manager and Village Attorney. Mr. Imburgia seconded the motion and the vote was unanimous in favor. 4. VILLAGE COUNCIL Stephen Loffredo A. DISCUSSION AND POSSIBLE ACTION REGARDING INSTALLATION OF A FENCE ALONG BISCAYNE BOULEVARD. Mr. Loffredo introduced the item, stating his purpose for placing the issue on the agenda as to increase security and decrease foot traffic into the area from the Boulevard. Mr. Loffredo moved that the Council discuss and send to staff a directive for price quotations to determine feasibility of erecting a wrought iron fence along Biscayne Boulevard from N.E. 98th Street north to N.E. 104th Street. Mr. Sastre seconded the motion. Mr. Sastre asked that the Mayor consider entertaining public comment on the issue. Mayor Agosta stated that she would allow for public comment after she heard from the Council. Mr. Loffredo further explained his rational, indicating that erecting a fence would provide a barrier to deter crime because it would cut down on foot traffic. Mr. Loffredo stated that he is against the construction of a guardgate and is trying to offer alternatives. Mr. Loffredo indicated that criminals may think twice about committing a crime in the area as there would be too many traps and too many barriers. Page 3 • • Mr. Spahn expressed his concerns regarding the appearance of haphazardly erecting fences. Additionally, Mr. Spahn rhetorically questioned what the Council would do if other neighborhoods requested that the Village pay to fence them in. Mr. Spahn stated his opinion that it is not right to erect a fence for one area of the Shores while there may be other areas that are in need as well, and suggested that Administration and the Police Department look into the situation. Mr. Imburgia agreed with Mr. Spahn's comments, stating that there are a lot of areas that could use this type barrier and reminded the Council to look at the whole situation. Mr. Imburgia spoke of the Florida Department of Transportation's Biscayne Boulevard improvement project which may offer an option. Mr. Benton confirmed the fact that FDOT has plans to improve the Boulevard and has scheduled a meeting with an FDOT representative to discuss the preliminary designs. Mr. Imburgia reiterated the need for the Council to look further into possible solutions because once the Village sets this type of precedent, it will be hard to deny future requests. Mr. Sastre stated that he would support having the Village Manager look into related issued and completing a staff study on fencing options, budget impact and a proposal to pay for any installations deemed appropriate. Mayor Agosta stated that she does not like the idea of a fence at all. Based on the comments offered by the Council, Mr. Loffredo withdrew him motion, with the understanding that the Staff would investigate further. Mr. Sastre withdrew his second. Mayor Agosta indicated that she expected the police department to be very involved with the gathering of information for the Staff study. Mayor Agosta invited Public Comment. William Tenney Mr. Tenney stated that he liked the idea of a fence and believed it to be a good compromise. Joseph Kohl Mr. Cole stated that he was opposed to a fence that closes a right-of-way, believing it to be exclusionary. Colleen Huff Fix Ms. Fix stated that the Council should support different needs in different areas and stated that she pays 10% more in taxes than those homeowners west of Biscayne Boulevard. Carmen Renick Expressed her opinion that the Council is not being fair. Stated that 1/6 of the population of Miami Shores pays 1/3 of the taxes. Sergio Vasquez Mr. Vasquez stated that the Council should think about what will allow for the greatest safety of the residents. He further stated that he previously lived in Bel Meade and was robbed after the gate was erected in that area. Mr. Vasquez asked for clarification on the FDOT/Biscayne Blvd. project. Page 4 • • • Dion Sena Mr. Sena expressed his opinion that the barricades were supposed to have been a decisive issue yet they have brought the residents closer together. He stated that more and more people are erecting fences around their property because they do not feel safe. Mr. Imburgia responded to Mr. Sena's comments and Mr. Loffredo stated that due to the Sunshine Laws, the only way he can hear the other Council member's comments is to have an item on the agenda. T.F. Chambers Mr. Chambers expressed his thought that the Village might be able to talk FDOT into erecting a fence when the improvement project is completed. Terence Waldron Mr. Waldron stated that he lives on the west side and feels very safe and comfortable because he has confidence in our Police Department. He stated that 5' fences will not keep criminals out. Ed Harrigan Mr. Harrigan stated that people think the guardgate will keep people out but it won't because it can't legally stop any traffic from entering. Mark Ulmer Mr. Ulmer stated that the Village must first identify the problem and find its source. He stated that there is a perceived crime problem but he does not believe there is a problem when compared to the rest of the County. He suggested studying the entire Village. Brian Smith Mr. Smith congratulated the Council and they way they are proceeding and indicated that the Council needs to look at the big picture. Mayor Agosta closed public comment. Mr. Benton clarified the Council's request for a Staff Study. 5. ANNOUNCEMENTS The Clerk read the announcements. 6. PUBLIC COMMENTS Wyoma Williams Ms. Williams thanked Mr. Benton and the administration for addressing their neighborhood problems, i.e. trees, street lighting, barricades. She stated that the situation has proved that government does work. She expressed a special thanks to Mr. Benton, Chief Masten and Councilman Loffredo. Candy Rengstl Andrew Agosta Ms. Rengstl announced the upcoming production at the Shores Performing Arts Theater and that the Mobile Patrol is celebrating its 14t`' anniversary. Mr. Agosta announced the Fine Arts Commission sponsored activities. Page 5 • 7. COUNCIL COMMENTS Steve Loffredo Mr. Loffredo reminded everyone of the Library's 50th Anniversary events, including an Artist on View on February 5, 1999. Additionally, Mr. Loffredo spoke of the new speed hump on Park Drive. Cesar Sastre Mr. Sastre spoke of the Chamber's Design Charrette. Louis Imburgia Mr. Imburgia spoke about Unity Day. Herb Spahn Mr. Spahn spoke of Election Day, April 13th, and there being four seats available. He stated that he would hate to see a one issue election, as there will be many issues which will need to be decided by the next Council. He offered an alternative to a guardgate which would be to form a special taxing district to hire off-duty police officers which would allow for better coverage and would be less decisive. Mayor Agosta Mayor Agosta stated that she had been in Atlanta speaking about the Mayor's Task Force's free gun lock program. 8. ADJOURNMENT • The February 2, 1999 Council Meeting was adjourned at 9:00 PM. Barbara A. Fugazzi, CMC Village Clerk • Page 6 Mary Ross Agosta, Mayor