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04-06-1999 Regular Meetinge • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council took place on Tuesday, April 6, 1999 at the Village Hall, commencing at 7:30 PM with the following members present: PRESENT: Mayor Agosta Stephen Loffredo Cesar Sastre Herb Spahn ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney ABSENT: Louis Imburgia Mr. Benton introduced the new Director of Community Development, Rich Freeman. CONSIDERATIONS • 1. VILLAGE CLERK Barbara Fugazzi • A. APPROVAL OF THE MARCH 16, 1999 REGULAR COUNCIL MEETING MINUTES. Mr. Spahr moved to approve the Minutes from the March 16, 1999 Council Meeting. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 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. The Clerk read the caption of the Ordinance, indicating that a public hearing was required and that the Ordinance had been properly noticed. Mayor Agosta opened the floor for Public Comment. Resident, Ed Harrigan, asked that the Village Attorney briefly explain the Ordinance. Mr. Sarafan outlined the purpose and impact of the Ordinance, which provides for a mechanism to disclose any ex -parte communications and/or site visits when the Council or a Village Board is serving in a quasi-judicial capacity. There was no further Public Comment. Mr. Loffredo moved to adopt the Ordinance on the second reading. Mr. Spahn seconded the motion and the vote was unanimous in favor. • • • 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. The Clerk read the Caption of the Ordinance, stating that a public hearing was required and that the Ordinance had been properly advertised. Mayor Agosta invited Public Comment on the proposed Ordinance. Resident Joel Richard, stated he is a communications consultant and indicated that TCG is now AT&T Local and wanted the Village to be aware of the change. Mr. Sarafan stated that Attorney Jana Lhota was present from the law firm of Holland & Knight who represents TCG. Ms. Lhota briefly outlined the organisational structure of TCG, assuring the Council and Mr. Richard that TCG is a viable company. Mr. Sarafan clarified that the Ordinance addresses the right-of-way allowances for local service only. Resident T.F. Chambers asked whether the service lines would be above -ground or under -ground cabling. Ms. Lhota stated that TCG will use existing lines as a first option. These lines could be either above or below ground. Mr. Chambers also asked about any business interruptions which may occur due to construction. Ms. Lhota emphasized that the proposed Ordinance provides for plans submittal to the Village and for obtaining any required permits. She indicated that if any construction is warranted, it would be timed so as to cause as little disruption to businesses as possible. Mr. Spahn asked about whether or not green junction boxes would be necessary. Ms. Lhota said that the boxes are not used if they can be avoided. Mr. Sarafan advised the Council that the Ordinance addresses such things as fees, duration of the agreement, bonding requirements, etc., not specifics as to where the cable will be located. He reminded everyone that permits would need to be applied for and that the Building Official will address issues within his area of expertise. Mr. Spahn stated that he wanted to ensure that the Village was protected. Mr. Spahn moved to adopt the Ordinance on second reading. Mr. Sastre seconded the motion and the vote was unanimous in favor. 2. VILLAGE ATTORNEY Richard Sarafan A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A SETTLEMENT OFFER FROM TRAVELER'S INSURANCE REGARDING A 1990 EPA SUIT. Mr. Sarafan outlined the background of the EPA suit, indicating that the suit stems from a contracted vendor who had improperly dumped waste materials during the 1950's through the 1970's at a site in Broward County. Mr. Sarafan stated that there are two options available to the Village. Option 1 includes a payment of $4,217.30 and the possibility of future costs dependent upon the cost of the site clean-up. Option 2 stipulates a payment of $10,391.80 but no future Page 2 • • exposure for further costs. Mr. Sarafan stated that he recommends Option 2 as there will be no additional liabilities for the Village, and because the Village has already settled with the Traveler's Insurance for monies which exceed the Village's payout. Attorney Schumer from the law firm of Keith Mack who represented the Village on this suit was present and also spoke of the options available to the Village. Mr. Sarafan stated that he would like Mr. Schumer to investigate the issue of a refund from Traveler's based on the settlement expense. Mr. Schumer assured Mr. Sarafan that he would look into the refund procedure. Mr. Sarafan, in summarizing the matter, stated that the Village is settling the suit with insurance funds and he believes the Village should obtain as much protection as possible. Mr. Loffredo moved that the Village accept and agree to the EPA's offer of Deminimous settlement as to the Option 2 specified therein. Mr. Spahn seconded the motion and the vote was unanimous in favor. 3. VILLAGE COUNCIL Stephen Loffredo A. DISCUSSION OF FUTURE ROLE OF HANDICAPPED ADVISORY BOARD. Mr. Loffredo stated that he had been approached by Nora Tenney, an appointed member to the Board, regarding the Board's inactivity. Mr. Loffredo stated that he is looking to see what role the Council feels the Board should serve, if any, at the present time. Ms. Tenney spoke about the talents of the individuals who have been appointed to the Handicapped Advisory Board and her concerns that the Board is not taking an active part in planning the new aquatics facility. The recent settlement of the ADA suit, the Board, and possible implications of recommendations were discussed. It was agreed that the Village Manager would arrange to meet with the members of the Board in the near future. 4. ANNOUNCEMENTS The Village Clerk read the announcement. 5. PUBLIC COMMENTS Loretta Olsen Ms. Olsen urged everyone to vote on Tuesday. 6. COUNCIL COMMENTS Steve Loffredo Mr. Loffredo spoke of the upcoming election and the need for people to get out an vote. Cesar Sastre No Comment. Herb Spahn Mr. Spahr stated that there are a lot of issues for the next Council to address and indicated that if people do not vote, they don't count. . Mayor Agosta Mayor Agosta stated her belief that it is a voter's responsibility to vote and that past elections have had poor turn outs. Page 3 • • • 7. ADJOURNMENT The April 6, 1999 Council Meeting was adjourned at 8:20 PM. Barbara A. Fugazzi, CMC Village Clerk Page 4 Mary Ross Agosta, Mayor