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.
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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.
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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
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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.
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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
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