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02-05-2002 Regular Meeting• • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council was held on Tuesday, February 5, 2002 in the Council Chambers. The meeting began at 7:30 Pm with the following members present: PRESENT: Mayor Davis Greg Ullman Bob Blum Prospero Herrera ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney ABSENT: PRESENTATIONS Mark Ulmer Ms. Candy Rengstl presented Mr. Leon Newman with the Mobile Patroller of the Year award as well as other volunteer awards to the members of the organization. Mr. Al Berg made a presentation to Scott and Robin Pyke in honor of their home being named "House of the Month" for the month of February, 2002. CONSIDERATIONS 1) MINUTES Barbara Fugazzi A) APPROVAL OF THE JANUARY 15, 2002 REGULAR COUNCIL MEETING MINUTES. Mr. Herrera moved to approve the January 15, 2002 Council Meeting Minutes. Mr. Blum seconded the motion and the vote was unanimous in favor. 2) BUILDING DEPARTMENT Al Berg Mr. Sarafan offered information to both the Council and the individuals appealing their cases in reference to the procedures to be followed and the fact that a super majority vote is required to overturn the decisions of the Planning & Zoning Board. He further indicated that as there are only four Council Members present, a unanimous vote of the Council would be necessary for any of the applicants to have their cases overturned. Mr. Sarafan stated that the applicants should be given the opportunity to table their appeal until such time as the full Council is present to hear their cases. A) AN APPEAL OF THE DECISION MADE BY THE PLANNING & ZONING BOARD DENYING MR. WALTER MICHOT'S CHOICE OF HOUSE PAINT COLORS. In consideration of the information provided by Mr. Sarafan, Mr. Michot chose to defer his appeal. Mr. Ullman moved to table the item. Mr. Herrera seconded the motion and the vote was unanimous in favor. • • • B) AN APPEAL OF THE DECISION MADE BY THE PLANNING & ZONING BOARD DENYING MR. FAUSTIN'S REQUEST FOR A VARIANCE TO THE SET BACK REQUIREMENTS. Mr. Sarafan swore in anyone expected to testify on this issue. Mr. Faustin provided the Council with information which he believed to be pertinent to the case. He stated that the reason he cannot meet the setback requirements for the driveway is due to the location of the opening of a gate which had been installed. In response to questioning by the Council, Mr. Faustin indicated that he had applied for a permit for the fencing and gate and that it had been installed prior to the driveway. He also stated that he had applied for a permit for the driveway but when he didn't receive it within a certain amount of time, he went ahead and had the driveway done. Mr. Berg confirmed the fact that the location of the driveway lay within the established setbacks. Mr. Blum moved to uphold the decision of the Planning & Zoning Board to deny Mr. Faustin's variance request. Mr. Herrera seconded the motion and the vote was unanimous in favor. C) AN APPEAL OF THE DECISION MADE BY THE PLANNING & ZONING BOARD DENYING MR. GARCIA AND MS. HEGEDUS-GARCIA'S ASSERTION THAT THEIR CHILDREN'S PLAYHOUSE SHOULD NOT BE INTERPRETED TO BE AN ACCESSORY BUILDING. In consideration of the information provided by Mr. Sarafan, Ms. Hegedus -Garcia chose to defer her appeal. Mr. Blum moved to table the item. Mr. Herrera seconded the motion and the vote was unanimous in favor. 3) VILLAGE COUNCIL Greg Ullman A) DISCUSSION AND POSSIBLE ACTION REGARDING THE SHORES PERFORMING ARTS THEATER. Mr. Ullman indicated that members of the Theater Board requested that the item not be heard without Mr. Ulmer being present. Council Members discussed the merits of speaking on the item without Mr. Ulmer available. Following this discussion, Mr. Ullman moved to take the Theater item off the table. Mr. Blum seconded the motion. Mayor Davis called for the vote which was 3 to 1 in favor, with Mayor Davis dissenting. Mr. Ullman summarized his thoughts on why the Village should provide funding for the Theater. Mr. Blum indicated that with the development of the new business plan, he believes the Theater has the ability of being a first rate organization and that he would not be adverse to giving the Theater the requested $25,000. Mr. Herrera stated that he is not m favor of providing $25,000 in cash to the Theater. He stated that he would okay with providing $10,000 in cash and $15,000 in in-kind services such as providing manpower when special events are planned as fundraisers. He further stated that the funding should have conditions attached. Mayor Davis indicated that he is not in favor of providing funding for an enterprise that is not owned or operated by the Village. Subsequent to this discussion Mr. Ullman moved to table the item until Mr. Ulmer can be present. Mr. Herrera seconded the motion and the vote was unanimous in favor. Page 2 • • 4) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING UTILIZATION OF THE AT&T BROADBAND GOVERNMENT ACCESS CHANNEL 33 FOR VILLAGE PROGRAMMING. Mr. Benton offered background information regarding the availability of a cable TV channel for Village programming. He outlined the approximate cost per household ($.32 per month) to provide this service to the community. Mr. Benton indicated that he is seeking the Council's approval of the concept prior to moving forward with discussion with the cable provider. Mr. Herrera moved to approve the recommendation of the Village Manager to provide informational programming via the local cable TV company. Mr. Ullman seconded the motion. In response to Council questions, Mr. Benton confirmed the approximate cost of the service, that the monthly service charge would continue until the expiration of the current franchise agreement (July, 2005), and the fact that the necessary equipment would be dedicated solely for the purpose of this cable programming. It was the consensus of the Council that if the terms of the contract were materially different that those presented by Mr. Benton, he would bring the contract back to the Council following the negotiations with AT & T. Mayor Davis called for the vote which was 3 to 1 in favor, with Mr. Blum dissenting. 5) ANNOUNCEMENTS The Clerk read the announcements. 6) PUBLIC COMMENTS Bekky Leonard Ms. Leonard thanked the Council members for their Proclamation in honor of her being named the Chamber's Citizen of the Year. She also commented on the information access programming. Carol Schafineister Ms. Schafineister offered her thanks for the Theater discussion and stated that she would be available to answer any questions the Council may have. C.F. Chambers Mr. Chambers asked about the K -Mart Store. Cheryl Calhoun Ms. Calhoun spoke about the Mayor's Ball. 7) COUNCIL COMMENTS All Council Members congratulated Bekky Leonard on her award as well as the upcoming Mayor's Ball. In addition, Mr. Herrera congratulated Leon Newman on his award as Mobile Patroller of the Year and Mr. Ullman announced the Fine Arts Commission's Poetry Night event. 8) ADJOURNMENT The February 5, 2002 Council Meeting was adjourned at 8:45 ®ot, ait C Barbara A. Fugazzi,lage Clerk Page 3 Davis, Mayor i