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05-04-1999 Regular Meeting• • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled Village Council Meeting took place on Tuesday, May 4, 1999 at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Stephen Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1. VILLAGE CLERK Barbara Fugazzi A. APPROVAL OF THE APRIL 20, 1999 REGULAR COUNCIL MEETING MINUTES. Mr. Davis moved approval of the Minutes as presented. Mr. Blum seconded the motion and the vote was unanimous in favor. B. 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. Mr. Benton introduced Attorney Allison Hift from the firm of Leibowitz & Associates, stating that the Firm has represented the Village it its negotiations with MediaOne regarding the transfer of the cable television franchise. Ms. Rift briefly outlined the background and the current status of the transfer of control from TCI to MediaOne. Ms. Hift summarized the negotiated points contained within the Resolution and Affidavit, indicating that the Village will receive $7,400 for expenditures on cable related activities, cost recovery of attorney/consultant fees, a fiber optic cable from the Tot Lot and Bayfront Park, and open access to cable network when and if available. Ms. Hift further stated that the Affidavit clarifies the definition of gross revenues, a point which is favorable to the Village. Ms. I ift stated that she recommends that the Council approve the transfer of control from TCI to MediaOne. Mayor Ulmer asked for a recommendation from Administration. Mr. Benton indicated that he and Mr. Sarafan had both reviewed the information with Ms. Hift and based on the recommendation of the special counsel, would recommend that approval be granted. • The Council Members and the special counsel discussed the allowable use of the $7,400, MediaOne's intent regarding modem access, and what happens if the acquisition of TCI by MediaOne does not go through. Mr. Davis moved to approve the change of control of the cable television franchise from TCI to MediaOne. Ms. Agosta seconded the motion. Mayor Ulmer asked for Public Comment. Susan Bisno Ms. Bisno indicated that she is a Manager from MediaOne and wanted to welcome the Village residents. Receiving no further public comments, Mayor Ulmer called for a vote which was unanimous in favor of the Resolution. 2. VILLAGE COUNCIL Stephen Loffredo A. DISCUSSION & POSSIBLE ACTION REGARDING REFERRAL OF SPEED HUMP PROGRAM TO THE PLANNING & ZONING BOARD. i Mr. Loffredo offered background information regarding the existing speed humps located within the Village and stated that it had been the previous Village Council's intent to not allow further installations without determining the effectiveness, pros and cons, etc. of the existing speed humps. Mr. Loffredo indicated that it is his recommendation to refer the program to the Planning & Zoning Board for study and stated that his memo outlines four areas which the P & Z Board should review, as well as a time line. The four areas include a study on the existing humps to determine whether or not they are effective and their pros and cons; a review of other municipalities which have speed humps; to develop a comprehensive plan if warranted; and to conduct public meetings to allow for public input. Mr. Loffredo suggested a six month time frame be given to the P & Z Board. Following this explanation, Mr. Loffredo moved to refer the question of the speed hump program and its development to the Planning & Zoning Board and that they be given the four criteria outlined in his memo as the starting point for their mandate and as their areas of inquiry. Mr. Davis seconded the motion. The Council discussed alternate methods of slowing the vehicular traffic travelling in Mani Shores. Mr. Benton indicated that the. Village staffneeds to be involved in the program discussions and planning, as there is certain criteria which need to be met, and cooperation with the County is essential. Mr. Benton further stated that the development of a policy statement is important. Individual Council Members expressed their concerns by limiting the P & Z Board's scope of the study to just speed humps,wanting to expand their area of investigation. Mr. Loffredo amended his original motion to broaden the directive to the Planning & Zoning Board, to include speed humps, stop signs and other generally recognizable traffic calming devices. Mr. Davis seconded the amended motion. Page 2 • • • Mayor Ulmer opened the floor for public comment. Michael Maguire Mr. Maguire stated that specific Council members needed to speak louder and into the microphones. J. Middleton Mr. Middleton stated that additional speed humps are a good idea, suggesting that the development of Rio Vista in Ft. Lauderdale be viewed. Michael Maxwell Mr. Maxwell commended the Council for looking at traffic slowing devices, and encouraged a public workshop. Lucy Walker Ms. Walker thanked Mr. Loffredo and stated that N.E. 10th Avenue deserves special attention. Mayor Ulmer closed public comment. Mr. Blum expressed his opinion that the Planning & Zoning Board would do a good job with the study and stated his concerns regarding the liability and safety issues involved with speed,humps, due to individuals obeying the posted speed limit but the speed humps requiring the driver to go much slower. Mr. Loffredo reminded everyone that the two existing speed humps were "experimental" and that he has heard some negative remarks regarding the height of the second one installed. Mayor Ulmer stated that perhaps a traffic consultant would be contacted for assistance. Mayor Ulmer called for a vote and it was unanimous in favor of the motion. 3. VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE APPROVING CREATING OF A SPECIAL TAXING DISTRICT BY MIAMI-DADE COUNTY, A PORTION OF MIAMI SHORES VILLAGE, FLORIDA, FOR THE PURPOSE OF PROVIDING TWENTY- FOUR (24) HOUR STATIONARY SECURITY GUARD SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE MIAMI-DADE COUNTY REQUIREMENTS; APPROVING CONSTRUCTION OF GUARDHOUSE FACILITY AND OPERATION OF TRAFFIC CONTROL DEVICES; REQUIRING EXECUTION OF INTERLOCAL AGREEMENT BETWEEN THE VILLAGE AND METROPOLITAN MIAMI-DADE COUNTY, PROVIDING E1HHCTIVE DATE AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. The Clerk read the caption of the Ordinance. Mayor Ulmer explained the reason that the item is before the Council and that Mr. Blum is sponsoring the item. Mayor Ulmer asked if there was a motion to approve the Ordinance on first reading. There was no motion made. Mr. Blum moved to disapprove the creation of a special taxing district for purposes of constructing and maintaining a guard house. Mr. Davis seconded the motion. Page3 • • Mr. Blum stated that he felt it important to place the issue on the agenda to allow for a definitive vote and to stop the festering that the issue has caused. He believes that property values will suffer if a guard gate is erected and believes that the community expressed their opinion regarding the gate during the election. Mr. Loffredo stated that he supports Mr. Blum's initiative and reminded people that the matter before the Council is the creation of a special taxing district for a guard gate. Mayor Ulmer asked for Public Comment. Jessie Diner Mr. Diner, attorney representing Sunny Shores, stated that the association has chosen not to pursue the guard gate special taxing district, but will be back with a petition regarding a special taxing district to pay for a roving security patrol. He further stated that the issue will be presented to the Council prior to submission to the County. Richard Blum Mr. Blum stated that Mr. Diner does not represent everyone on the East side of the Boulevard. A Terence Waldron Mr. Waldron pointed out that the issue of special taxing districts should be included in the Village's Charter. Lucy Walker Ms. Walker stated that the people on the East side are willing to pay for added security and should have the right to do so. Mayor Ulmer closed public comment and called for a vote on the motion to disapprove. The vote was unanimous in favor. B. APPROVAL OF "TURF AND LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT' BETWEEN MIAMI SHORES VILLAGE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION Mr. Benton explained the history and background of the agreement proposal and recommended that the Council approve the new terms. Mr. Davis moved approval, with Ms. Agosta seconding the motion. General discussion regarding the specific work and the roadways involved, ensued. Mayor Ulmer stated that he has asked Mr. Benton to request that the Village take over the maintenance of 103'd Street west of Miami Shores - to I-95. Mr. Benton reported that FDOT is reviewing the request and will let the Village know. FDOT has recommended that the Council take action on the agreement at this time and an amendment can be approved at a later date. Mayor Ulmer called for a vote, which was unanimous in favor. C. APPOINTMENT OF COUNCIL MEMBER TO PENSION BOARD. Mr. Davis nominated Mary Ross Agosta to serve on the Pension Board. Mr. Blum seconded the motion and the vote was unanimous in favor. • Page 4 • D. APPOINTMENT OF COUNCIL REPRESENTATIVE TO THE MIAMI-DADE LEAGUE OF CITIES. Mr. Loffredo nominated Mr. Davis to represent the Village on the Miami -Dade League of Cities. Mr. Blum seconded the motion and the vote was unanimous in favor. E. APPOINTMENT OF COUNCIL REPRESENTATIVE TO THE FLORIDA LEAGUE OF CITIES. Ms. Agosta nominated Mr. Blum to represent the Village on the Florida League of Cities. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 4. ANNOUNCEMENTS The Village Clerk read the announcements. 5. PUBLIC COMMENTS T.F. Chambers Bekky Leonard • Joe Kohl • 4. Mr Chambers spoke about the signs in Biscayne Park which deter speeding in that community Ms. Leonard announced the general meeting of the Property Owners Association to be held on Monday, May 10, 1999 at 7:00 PM. Mr. Kohl spoke about the Charrette presentation on May 18, 1999. Bill Tenney Mr. Tenney spoke about the Historic Preservation Board's walking home tour. Sergio Vasquez Mr. Vasquez spoke about the Charrette. Leon Newman Mr. Newman welcomed and congratulated the newly elected Council. 6. COUNCIL COMMENTS Bob Blum No Comment Mary Ross _kgosta Ms. Agosta congratulated Loretta Olsen as one of the founding members of the Women's Club and expressed condolences to the Whitaker family on the passing of Ken Whitaker Sr. Ms. Agosta also stated that she has been appointed to the Boundaries Commission by Senator Gwen Margolis. Al Davis Mr. Davis asked if the Village has a policy on sending cards, flowers, etc. Steve Loffredo No Comment Page 5 Mayor Ulmer Mayor Ulmer spoke about the two vacancies on the Planning & Zoning Board and gave an update on the Village's funding requests to the State. 7. ADJOURNMENT The May 4, 1999 Council Meeting was adjourned at 8:45 PM. Barbara A. Fug077i, CMC Village Clerk • • Page 6 Mark S. Ulmer, Mayor