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03-16-1999 Regular Meeting• • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council took place on Tuesday, March 16, 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 PRESENTATIONS Mayor Agosta presented a contribution check to representatives from Miami -Dade Crime Stoppers and announced the donation of funds collected from various residents to the Police Department to help offset the cost of replacing Dino, the K-9 who recently passed away. Mayor Agosta presented Proclamations to Eagle Scouts Scott Preece, Kevin Reid, and Samuel Michels. CONSIDERATIONS 1. CONSENT AGENDA A. APPROVAL OF THE MARCH 2, 1999 REGULAR COUNCIL MEETING MINUTES. B. AN ORDINANCE OF MIAMI SHORES VILLAGE RELATING TO QUASI- JUDICIAL PROCEEDINGS; ESTABLISHING REGULATIONS RELATING TO EX PARTE COMMUNICATIONS AND SITE VISITS; MAKING FINDINGS; CREATING SECTION 2-86, MIAMI SHORES VILLAGE CODE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (First Reading) C. AN ORDINANCE AUTHORIZING TCG SOUTH FLORIDA TO USE THE PUBLIC STREETS OF MIAMI SHORES VILLAGE, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING AND OPERATING LINES OF A TELEPHONE SYSTEM THEREON AND • • • THEREUNDER; PROVIDING COMPENSATION TO THE VILLAGE, PROVIDING FOR INSURANCE AND INDEMNIFICATION REQUIREMENTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading) D. REQUEST APPROVAL FOR FORFEITURE FUND EXPENDITURE IN THE AMOUNT OF $3,000 TO INFORMED FAMILIES OF DADE COUNTY. Mr. Loffredo moved to removed Item B from the Consent Agenda. Mr. Sastre seconded the motion and the vote was unanimous in favor. Mr. Sastre moved to approve the remainder of the Consent Agenda (Items A, C & D). Mr. Spahn seconded the motion and the vote was unanimous in favor. Mr. Loffredo indicated that Mr. Sarafan had explained to him the rationale behind the Ordinance and requested that he do so for the benefit of the public. Mr. Sarafan offered background information regarding the role of quasi judicial proceedings. He stated that if adopted, the Ordinance will eliminate the presumption of prejudice surrounding site visits and ex parte communications and allow for these types of communications subject to proper disclosure. Mr. Sastre confirmed that the effective date of the Ordinance would be upon its adoption at the time of the second reading. Mr. Loffredo moved to adopt the Ordinance on the first reading. Mr. Sastre seconded the motion and the vote was unanimous in favor. 2. VILLAGE CLERK Barbara A. Fugazzi A. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE CHANGE OF CONTROL OF THE TCl/TKR OF SOUTH FLORIDA INC./AT&T CORP. CABLE TELEVISION FRANCHISE TO MEDIAONE. The Village Clerk indicated that at the request of MediaOne representatives, the item is tabled until the April 6, 1999 Council Meeting. B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A LOAN AGREEMENT AND RELATED DOCUMENTS WITH THE CIT GROUP INC. TO FUND THE NEW FLEET OF VEHICLES. The Clerk read the caption of the Resolution. Mr. Benton provided background information, indicating that subsequent to the approval of the Council to borrow funds from the Fund Balance to pay for the new vehicles, a financing package was coordinated. Mr. Loffredo moved approval of the Resolution. Mr. Spahn seconded the motion and the vote was unanimous in favor. Page 2 • 3. VILLAGE MANAGER Tom Benton • • A. DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF THE INSTALLATION OF A WALL IN THE O'DELL SECTION. Mr. Benton briefly outlined the information contained within his report which the Council had requested during the January 19, 1999 Council Meeting. Mr. Benton stated that after evaluating all of the options for the wall, the Staff recommends a modular prefab type of wall. Mr. Loffredo asked for more specifics regarding the recommended plan. Mr. Benton responded that the stucco design, prefabricated wall is the most cost effective and aesthetic. Mr. Benton stated that his report contains pricing information for both a 6 foot and an 8 foot wall. Mr. Loffredo asked about the height recommendation. Mr. Benton indicated that he recommends the 8' wall height. Mr. Sastre asked about the status of obtaining easements. Mr. Benton stated that the Village has not approached the property owners regarding easements, as he wanted to wait until he had received approval from the Council to construct the wall. Discussion regarding maintenance of the wall ensued, with Mr. Benton stating that the residents of the neighborhood had indicated that they would handle any graffiti problems that arose. Mayor Agosta asked about the funding the project. Mr. Benton stated that he believes the money should initially come from the Fund Balance, but ultimately, Mr. Benton believes that there will be year-end surpluses that can be utilized. Mr. Benton reminded the Council that this project was unbudgeted and unfunded during the budgetary process. Mr. Sastre asked about using "contingency" funds. Mr. Benton advised against using the contingency funds. Mr. Loffredo moved that the Village Council authorize Staff to bid out an 8 foot, prefabricated concrete wall in the O'Dell Section, according to the terms and specifications in the Manager's Memorandum of March 12, 1999 and adopt Staff recommendations both as to size, dimension and financing. (8' wall and 2' easement requirement). Mr. Sastre seconded the motion. Mr. Spahn confirmed that the item will need to go before the Planning & Zoning Board for a variance for the wall height. Mr. Spahn asked about a possible time frame. Mr. Benton stated that he believes it will be 3 to 4 months for completion. Mr. Spahn stated that he would like to ensure that the process moves as quickly as possible. Mr. Loffredo confirmed that the necessary alley gates are included and that he does not need to amend his motion. Mayor Agosta asked about the process of obtaining the easements. The vote was taken and was unanimous in favor. 4. ANNOUNCEMENTS The Clerk read the announcements. 5. PUBLIC COMMENTS Edyth Reese Ms. Reese spoke about the proposed wall in the O'Dell Section of Miami Shores and about graffiti. Page 3 Dorthea Myrick Ms. Myrick thanked the Council for their attention to the O'Dell Section and stated that she would make it her business to find out about appropriate paint to cover graffiti. 6. COUNCIL COMMENTS Steve Loffredo Mr. Loffredo thanked the O'Dell area residents for bringing their issues before the Council, and the Council for their consideration. Cesar Sastre Mr. Sastre stated officially that he was not running for re-election to the Council, thanking his colleagues and stating that it has been a privilege and honor to serve. Mr. Sastre encouraged everyone to get out and vote and offered advise to the candidates. Louis Imburgia No Comment. Herb Spahn No Comment. Mayor Agosta Mayor Agosta also encouraged everyone to vote, siting the historical poor turn out on election day. 7. ADJOURNMENT OP The March 16, 1999 Council Meeting was adjourned at 8:15 PM. Barbara A. Fugazzi, CMC Village Clerk • Page 4 Mary Ross Agosta, Mayor