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09-17-2002 Regular Meeting• • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their Regular Council Meeting on Tuesday, September 17, 2002 at the Village Hall. The meeting was called to order at 7:08 PM, immediately following the conclusion of the final Budget Hearing. The following members were present for the meeting: PRESENT: Mayor Davis Greg Ullman Bob Blum Prospero Herrera ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney ABSENT: Mark Ulmer PRESENTATION Mr. Jerry Estep, Recreation Department Director, presented the Council with the Florida Recreation & Parks Association 2002 Agency Excellence Award, which was awarded to the Village's Recreation Department during the Association's annual State Conference. Council Members congratulated the Recreation Department staff for their hard work and award. CONSIDERATIONS 1) CONSENT AGENDA Barbara A. Fugaz7i A) APPROVAL OF THE SEPTEMBER 3, 2002 BUDGET HEARING MEETING MINUTES AND THE SEPTEMBER 3, 2002 REGULAR COUNCIL MEETING MINUTES. B) RATIFICATION OF THE FEDERATION OF PUBLIC EMPLOYEES UNION CONTRACT. C) REQUEST APPROVAL OF APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS IN THE AMOUNT OF $8,000 FOR HALLOWEEN HOWL POLICE DEPARTMENT ACTIVITIES. D) AN ORDINANCE OF THE NIIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 16-19 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, RELATING TO USE OF THE RECREATION DEPARTMENT FACILITIES BY RESIDENTS, SPECIFYING RESIDENT TO GUEST RATIOS, PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE. First Reading The Village Clerk read the items contained within the Consent Agenda into the record. Mr. Ullman requested that item 1D be addressed separately. Mr. Herrera then moved to adopt the remaining items contained within the Consent Agenda. Mr. Blum seconded the motion and the vote was unanimous in favor. Mr. Ullman requested clarification on Item 1D, wanting to ensure that a problem exists and what type of problem there is. Mr. Estep explained the problem of non-resident soccer games taking place on a regular basis and damaging the fields. He further indicated that a number of years ago the Recreation Advisory Board had adopted resident to guest ratio policies, but that the policy changes were never formally changed and codified. Following this discussion, Mr. Blum moved to approve the proposed ordinance on first reading. Mr. Herrera seconded the motion and the vote was unanimous in favor. 2) VILLAGE COUNCIL A) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 2-81 OF THE MIAMI SHORES VILLAGE CODE BY ADDING SECTION 2-18(0, PROVIDING FOR SPECIAL PROCEDURES GOVERNING THE COMPROMISE AND RELEASE OF VILLAGE CODE ENFORCEMENT LIENS RELATING TO REAL ESTATE WITHIN THE VILLAGE OWNED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE. Prospero Herrera The Clerk read the caption of the Ordinance. Mr. Herrera outlined the purpose of the proposed Ordinance and then moved to adopt the Ordinance on final reading. Mr. Ullman seconded the motion. Mayor Davis opened the floor for Public Comment. No one present wished to comment on the issue, Mayor Davis closed the Hearing and called for the vote, which was unanimous in favor. B) DISCUSSION REGARDING REQUESTING THAT THE PLANNING & ZONING BOARD REVIEW THE POTENTIAL IMPACT OF THE PROPOSED MARBELLA APARTMENT COMPLEX Greg Ullman Per Mr. Ullman's back-up memorandum, he moved (1) that the Planning & Zoning Board be requested to study the Marbella housing project proposed to be located on land adjacent to Miami Shores Village in order to determine the possible and likely impacts of the project on Village services and the quality of life for Village residents; (2) that the Board expeditiously report its findings to the Council, together with any recommendations it may wish to offer; and (3) that the Village make such staff and other resources available to the Board as necessary to enable the Board to complete its work promptly and thoroughly. Mr. Herrera seconded the motion. Individual Council Members offered their opinions on the motion and the apartment complex project. A lengthy discussion regarding the time sensitiveness of the issue took place but the Council decided that the presented motion sufficed and a defmite time frame should not be placed on the Board. Following these discussions, Mayor Davis called for the vote which was unanimous in favor. 3) ANNOUCEMENTS The Clerk read the announcements. 4) PUBLIC COMMENTS (5 Minute time limit per speaker). Alice Burch Ms. Burch spoke about the Marbella apartment project. • Jackie Ruiz Ms. Ruiz spoke about a program being initiated by the Miami Shores Elementary School to enable classrooms to have teaching aides. • • • Dan Dower Mr. Dower thanked Mr. Benton for his work on getting the speed humps installed on N.E. 95th Street. 5) COUNCIL COMMENTS Greg Ullman Bob Blum Prospero Herrera Mayor Davis Mr. Ullman responded to Ms. Burch's comments regarding the Marbella project. He thanked everyone for voting and also the churches and organizations for the 9/11 memorial services. Mr. Blum also addressed Ms. Burch and her remarks. He also stated that the new 96th Street median looks great and requested that the other median lights be changed from green to white. Mr. Herrera congratulated the Recreation Department on their award, asked that the Administration address the wall plants on N.E. 95th Street, and responded to Ms. Burch's comments about Marbella. Mayor Davis spoke about the 9/11 memorial services at Barry University and Memorial Park. 6) ADJOURNMENT The September 17, 2002 Regular Meeting of the Village Council wa djourned at 8:05 PM. //,,z Barbara A. Fugazzi, Village Clerk 3 Al D :'vis, Mayor