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05-02-2000 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled Village Council Meeting was held on Tuesday, May 2, 2000, at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Ulmer Bob Blum Al Davis Steve Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney PRESENTATION Council Members were presented their annual compensation checks. CONSIDERATIONS 1) CONSENT AGENDA A) APPROVAL OF THE APRIL 18, 2000 REGULAR COUNCIL MEETING MINUTES. B) REQUEST APPROVAL OF EXPENDITURE AND ALLOCATION FROM THE FORFEITURE FUND IN THE AMOUNT OF $ 10,900.50 TO FUND THE UNFUNDED PORTION OF COSTS TO COMPLETE THE CLOSED CIRCUIT CAMERA PROJECT AT BAYFRONT PARK AND THE TOT LOT. Following confirmation that the monitors would be placed in the Dispatch area of the Police Department, Ms. Agosta moved to approve the Consent Agenda. Mr. Loffredo seconded the motion and the vote was unanimous in favor. 2) VILLAGE CLERK Barbara A. Fugazzi A) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 6.7 OF THE CODE OF ORDINANCES BY ADDING A SECTION TO BE NUMBERED 6.7 (d)(17) ADDRESSING PERMITTING FEES FOR CONSTRUCTION ON/WITHIN VILLAGE PROPERTY RIGHT-OF-WAYS, AND UTILITY OR OTHER EASEMENTS; PROVIDING FOR AN EFFECTIVE DATE. First Reading • • The Clerk read the Caption of the Ordinance and provided background information as to its development. Mr. Al Berg, Director of Planning & Zoning, indicated that the proposed fees mirror those charged by the County and other municipal governments. Mayor Ulmer opened the floor for Public Comment but no one wished to speak on the issue. Mayor Ulmer closed Public Comment and asked for a motion. Mr. Blum moved to adopt the Ordinance on first reading. Ms. Agosta seconded the motion and the vote was unanimous in favor. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES BY ADDING A SECTION TO BE NUMBERED ARTICLE III, SECTION 22.60, REGARDING TELECOMMUNICATIONS FRANCHISING FOR USE OF THE PUBLIC RIGHT-OF-WAY; ESTABLISHING REQUIREMENTS AND CONDITIONS UPON THE USE OF PUBLIC RIGHTS-OF-WAY BY SUCH ENTITIES; ESTABLISHING PROCEDURES FOR PROTECTING THE PUBLIC INTEREST IN SUCH FRANCHISES; PROVIDING FOR COMPLIANCE, PROVIDING FOR RESERVATION OF AUTHORITY; PROVIDING FOR NO WAIVER; PROVIDING FOR NO CONTRACT; PROVIDING FOR SERVICE TO THE VILLAGE, PROVIDING FOR EXISTING FRANCHISES AND LICENSES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING FOR AN EFFECTIVE DATE. First Reading The Clerk read the Caption of the Ordinance. Mr. Sarafan offered background information regarding the reason for the Ordinance, indicating that it represents a global telecommunications ordinance Mr. Sarafan introduced Allison Hift, Special Council to the Village on telecommunications issues. Ms. Hift provided general information on State and Federal law as it is relates to the telecommunications industry, and specifically on the rights-of-way. Ms. Hift advised the Council on pending changes in the legislature and the expected impact of those changes. Mayor Ulmer opened the floor for Public Comment. Barbara Hall Ms. Hall, attorney with the Greenberg Taurig firm indicated that she hoped to be able to meet with Special Counsel regarding the proposed Ordinance and is concerned regarding the short time frame given to review the Ordinance. Willert Holloway Mr. Holloway, representing BellSouth, stated that he looks forward to working with the Village but is concerned about the time frame. As there was no one else present wishing to speak on this issue, Mayor Ulmer closed Public Comment. Ms. Agosta moved to adopt the Ordinance on first reading. Mr. Blum seconded the motion and the vote was unanimous in favor. • Page 2 • • 3) VILLAGE COUNCIL Steve Loffredo A) DISCUSSION REGARDING STATE PLANS TO WIDEN BISCAYNE BOULEVARD, INSTALL 20 FOOT MEDIAN. Mayor Ulmer expressed his concern regarding "discussion" type items being placed on the Agenda. Due to the Mayor's concerns, Mr. Loffredo moved to send Village staff back to DOT to revise their plans for Biscayne Boulevard. Ms. Agosta seconded the motion. Mr. Loffredo offered background information regarding the DOT's plan for Biscayne Boulevard, indicating that they had held informational meetings with residents and Village representatives. Mr. Loffredo stated that his major concerns are how the improved roadway will look, and how DOT will accomplish the planned improvements. Mr. Loffredo subsequently restated his original motion and moved to send a Resolution to the Department of Transportation, requesting that they revise their present plans for Biscayne Boulevard, to eliminate the 20 foot median and to replace it with a smaller (2 to 3 foot) median for traffic safety purposes; and also to revise their MOP to eliminate the need for bulldozing the barricades and adjoining trees on either side of the Boulevard. Ms. Agosta seconded the motion. Mayor Ulmer opened the floor for public comment. Bob Williamson Mr. Williamson, representing the Sunny Shores Homeowners Association, expressed his concerns regarding the plan and submitted correspondence outlining the concerns. David Avril Mr. Avril spoke about the trees that shield his home from the traffic noise on the Boulevard. Brian Masters Mr. Masters stated his concern regarding increased speeds with the installation of a center median. Karen Avril Ms. Avril spoke about the possibility of a petition. Alexandra ? Spoke regarding her concerns for the safety of her children. Diana Valverde Ms. Valverde spoke about the increase in noise and whether the Village would allow higher walls to mask the traffic noise. Sid Reese Mr. Reese spoke about the vagueness of DOT representatives during the meetings of almost three years ago. He also pointed out that the Village has no jurisdiction when it comes to the Biscayne Boulevard right-of- ways. Ms. Agosta concurred with Mr. Reese's comments, indicating that DOT had not shown plans including a 20 foot median. Page 3 f • Mayor Ulmer closed public comment. A lengthy discussion amongst the Council ensued. The discussion centered around each Council Member's thoughts and concerns regarding the plan and how they felt it best to approach DOT. During the discussions, a concensus was reached that the Village Council should conduct a Special Council Meeting in order to obtain public input and to hear from a traffic engineer regarding roadway criteria, plan flexibility, and the potential impact of DOT's improvement project. The Special Council Meeting was scheduled for Wednesday, May 24, 2000. It will begin at 7:30 PM and is to be held at the Community Center. Based on the scheduling of this meeting, Mr. Loffredo withdrew his motion and Ms. Agosta withdrew her second. 4) ANNOUNCEMENTS The Clerk read the announcements. 5) PUBLIC COMMENTS David Avril Mr. Avril requested copies of the plans. Abby Salt Ms. Salt spoke about Bayfront Park. 6) COUNCIL COMMENTS Mary Ross Agosta Ms. Agosta spoke about the upcoming Jazz Concert in the Park. Al Davis Mr. Davis talked about the Library's Book Sale. Steve Loffredo Mr. Loffredo asked about the possibility of adopting a temporary ordinance to allow for outdoor dining. Bob Blum No Comment. Mayor Ulmer Mayor Ulmer spoke about the outdoor dining ordinance which is being reviewed by the Planning & Zoning Board. . 7) ADJOURNMENT The May 2, 2000 Council Meeting was adjourned at 9:20 PM. Barbara A. Fugazzi, CMC Village Clerk Page 4 Mark S. Ulmer, Mayor