Loading...
07-16-2002 Regular Meeting• MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council conducted their regular meeting on Tuesday, July 16, 2002 at the Village Hall. The meeting was called to order at 7:30 PM with the following members present: PRESENT: Mayor Davis Greg Ullman Prospero Herrera Mark Ulmer ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney ABSENT: Bob Blum CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Fugazzi . A) APPROVAL OF THE JULY 2, 2002 REGULAR COUNCIL MEETING MINUTES AND THE JUNE 25, 2002 COUNCIL WORKSHOP MINUTES. • Mr. Herrera moved approval of the Minutes as submitted. Mr. Ulmer seconded the motion and the vote was unanimous in favor. B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL APPROVING THE CHANGE OF CONTROL OF THE TCl/TKR OF SOUTH FLORIDA, INC. CABLE TELEVISION FRANCHISE TO AT&T COMCAST. As Attorney Leibowitz was not yet present, Item 2A was heard prior to 1B. 2) PLANNING & ZONING DEPARTMENT Al Berg A) AN APPEAL OF A DECISION MADE BY THE PLANNING & ZONING BOARD DENYING A REQUEST FOR A WALL SIGN FOR STATE FARM INSURANCE LOCATED AT 209 N.E. 95TH STREET. Mr. Al Berg, Planning & Zoning/Code Enforcement Director was present and represented the Village's interest in the matter. He indicated that the State Farm insurance agent was requesting approval to install the red, State Farm logo on the building signage. Mr. Ulmer asked for clarification regarding the appeal process and the basis for the appeal. • As Mr. Leibowitz arrived at this point in the meeting, Mr. Ulmer moved to table Item 2A. Mr. Herrera seconded the motion and the vote was 3 -1 with Mr. Davis opposing. 1B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL APPROVING THE CHANGE OF CONTROL OF THE TCl/TKR OF SOUTH FLORIDA, INC. CABLE TELEVISION FRANCHISE TO AT&T COMCAST. Mr. Sarafan introduced Special Counsel, Matthew Leibowitz who represents the Village with respect to the cable television franchise agreement. Mr. Leibowitz outlined the issue before the Council, specifically the change of control from TCIITKR (AT&T Broadband) to AT&T Comcast. Mr. Leibowitz spoke about the negotiations and indicated that the proposed resolution and associated documents represented a fair and equitable agreement between AT&T and the Village. Following a discussion regarding pending litigation, Mr. Ullman moved approval of the Resolution and change of control. Mr. Ulmer seconded the motion and the vote was unanimous in favor. 2A) AN APPEAL OF A DECISION MADE BY THE PLANNING & ZONING BOARD DENYING A REQUEST FOR A WALL SIGN FOR STATE FARM INSURANCE LOCATED AT 209 N.E. 95TH STREET. Mr. Ulmer moved to remove Item 2A from the table. Mr. Herrera seconded the motion and the vote was unanimous in favor. Council Members reviewed the photographs of the building facade and existing signage, as well as a sample of the proposed State Farm sign. Mr. Ullman moved to affirm the decision of the Planning & Zoning Board. Mr. Ulmer seconded the motion. The Councilmen explained the rational for the way they intended to vote and Mayor Davis called for the vote which was 3 to 1 in favor of the motion to affirm the decision of the Board. Mayor Davis was the dissenting vote. 3) VILLAGE CLERK Barbara Fugazzi A) APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES Two (2) Vacancies — One (1) Five Year Term One (1) Three Year Term Ms. Fugazzi reviewed the appointment process and indicated that Ms. Maguire had called to say that she was still interested in the appointment but would be unable to attend the meeting. Ms. Gowing and Misters Dower, Miller, Muscarella and Paulsen were present and spoke on their own behalf. Mr. Ulmer suggested that separate votes be taken for first the 5 year term, and then secondly, the 3 year term. Council Members agreed with this idea and a paper ballot for the 5 year term was voted with the following results: Ulmer = C. Gowing Davis = F. Muscarella Herrera = Paulsen Ullman = D. Dower • Due to the results of the balloting, Mr. Ullman suggested that the Council discuss their choices. During the discussions, Mr. Ulmer and Mr. Ullman changed their votes and Mr. Ullman then moved to appoint Mr. Frank Muscarella to the Library Board for the 5 year term. Mr. Herrera seconded the motion and the vote was 3 — 1 with Mr. Herrera dissenting. A vote was then taken for the 3 year term with the results being: Ulmer = C. Gowing Davis = C. Gowing Herrera = D. Dower Ullman = D. Dower Ms. Fugazzi announced the result of the vote and Mr. Ullman stated that applicant Dan Dower was suggesting that he change his vote to allow for a majority vote for Ms. Gowing. Mr. Herrera stated that based on Mr. Dower's indications, he would also change his vote. As Mr. Dower was suggesting his withdrawal, Mr. Ullman moved to appoint Ms. Gowing to the three year term on the Library Board. Mr. Ulmer seconded the motion and the vote was unanimous in favor. B) A RESOLUTION OF THE NIIAMI SHORES VILLAGE COUNCIL SETTING TENTATIVE OPERATING AND DEBT SERVICE AD VALOREM MILLAGE LEVIES FOR FY2002/2003 BEGINNING OCTOER 1, 2002 AND ENDING SEPTEMBER 30, 2003; AND SETTING THE TIME, DATE AND PLACE FOR THE TWO PUBLIC HEARINGS FOR THE FISCAL YEAR 2002-2003 OPERATING BUDGETS AND PROPOSED AD VALOREM MILLAGE LEVIES. Ms. Fugazzi read the caption of the proposed Resolution. Mr. Ulmer moved to pass the Resolution as submitted. Mr. Herrera seconded the motion. Mr. Ullman restated his objections to the budget which he had brought to the Council's attention during the Budget Workshop Meeting of 7/15/02. Specifically, Mr. Ullman stated that he would like to see funding included in the proposed budget for the Shores Performing Arts Theater. In addition, Mr. Ullman stated his belief that the millage rate should not be lowered but remain constant at 8.0000 with the difference being allocated to use for start-up costs for a charter high school. Following Mr. Ullman's comments, Mayor Davis called for a vote which was unanimous in favor of the motion. C) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 20-104 (c), OF THE VILLAGE CODE OF ORDINANCES, RELATING TO THE STORMWATER UTILITY FEES, TO PROVIDE FOR AN INCREASE IN SAID FEES, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. To Be Adopted on an Emergency Basis (Public Hearing Required) Ms. Fugazzi read the caption of the proposed Ordinance and indicated that it was to be considered on an emergency basis due to the timing of the utility billings. Mayor Davis opened the floor for the Public Hearing. Resident Dan Dower expressed his concern regarding the lack of notice regarding the proposed increase. As no one else present wished to speak on this issue, Mayor Davis closed the Public Hearing. Ms. Fugazzi explained in more detail the billing issue and that a notice would be included in the August edition of the Village Newsletter alerting residents to the rate increase. Mr. Ullman and Mr. Ulmer indicated that although they understood the timing problems, they were somewhat uncomfortable with the process and asked the Administration to review the situation in the future. Mayor Davis called for the vote which was unanimous in favor. 40, • • • D) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTIONS 9-42 (1), (1)(a), (2), AND (3), OF THE VILLAGE CODE OF ORDINANCES, RELATING TO THE FEES CHARGED FOR GARBAGE AND TRASH COLLECTION, TO PROVIDE FOR AN INCREASE IN SAID FEES, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. To Be Adopted on an Emergency Basis (Public Hearing Required) Ms. Fugazzi read the caption of the proposed Ordinance and indicated that it should be considered on an emergency basis Mr. Ulmer moved passage of the Ordinance. Mr. Herrera seconded the motion. Mayor Davis opened the floor for the Public Hearing. Resident Dan Dower asked for clarification regarding the emergency basis. Mr. Ulmer and Mr. Ullman reiterated their thoughts on the adequate notice issue. Mayor Davis called for the vote which was unanimous in favor of the motion. 4) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING SUBLET OF THE COUNTRY CLUB TENNIS FACILITY. Mr. Benton explained the issue before the Council, indicating that he had received the request from PCM to have the Council consider subletting the tennis program and facilities. Mr. Benton introduced Mr. Alberto Pozzi, General Manager of the Miami Shores Country Club. Mr. Pozzi offered background information regarding the issue as well as a summary of the credentials of the proposing individual/firm. Council discussion centered around the submittal from Mr. Howard Orlin and Tennis Management Services, No.1. Mr. Ulmer moved to grant consent to Professional Course Management to sublet the Country Club's tennis facilities. Mr. Herrera seconded the motion and the vote was unanimous in favor. 5) ANNOUCEMENTS The Clerk read the announcements. 6) PUBLIC COMMENTS Leon Newman Mr. Newman spoke about the proposed charter school. 7) COUNCIL COMMENTS Prospero Herrera Mr. Herrera thanked the Recreation Department for the July 4th fireworks event. Greg Ullman Mr. Ullman responded to Mr. Newman's comments regarding the school. Mark Ulmer Mr. Ulmer also spoke of the charter school. He thanked the other members of the Council and indicated that he was proud to be on the Council and a resident. Al Davis Mayor Davis offered "ditto" and spoke of the July 4th fireworks. 8) ADJOURNMENT • The July 16, 2002 Council Meeting was adjourned at 9:40 PM. Barbara A. Fugazzi, Village Clerk • •