10-01-2002 Regular Meeting•
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MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village Council held its regular meeting on Tuesday, October 1, 2002 at the
Village Hall. The meeting was called to order at 7:30 PM with the following members present:
PRESENT: Mayor Al Davis
Greg Ullman
Bob Blum
Prospero Herrera
Mark Ulmer
ALSO PRESENT: Tom Benton, Village Manager
Barbara Fugazzi, Village Clerk
Richard Sarafan, Village Attorney
PRESENTATION
Al Berg, Planning & Zoning/Code Enforcement Director announced the winner of the "House of
the Month" award for the month of October, 2002; Yanic Jean Jacques. Ms. Jacques was not
present to accept the certificate.
CONSIDERATIONS
1) CONSENT AGENDA Barbara A. Fugazzi
A) APPROVAL OF THE SEPTEMBER 17, 2002 BUDGET HEARING MINUTES
AND THE SEPTEMBER 17, 2002 REGULAR COUNCIL MEETING MINUTES.
B) APPROVAL TO WAIVE SEALED BID AND PUBLIC AUCTION
REQUIREMENT FOR SALE OF "HAYBUSTER".
Ms. Fugazzi announced that at the request of the Administration, Item 1B be removed from the
Consent Agenda and only the two sets of Minutes considered. Mr. Blum pointed out a typo in the
Budget Hearing Minutes and then moved approval. Mr. Herrera seconded the motion and the
vote was unanimous in favor.
2) VILLAGE CLERK Barbara Fugazzi
A) AN ORDINANCE OF THE MIAMI 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.
The Clerk read the caption of the Ordinance. Mr. Blum moved to adopt the Ordinance on second
reading. Mr. Herrera seconded the motion. Mayor Davis opened the floor for the Public Hearing,
but as no one present wished to speak on the issue, closed the Public Hearing and called for the
vote. The vote was unanimous in favor.
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B) PLANNING & ZONING BOARD (2 VACANCIES)
APPLICANTS: Gary Brooks John Figureroa
Cesar Sastre Donald Shockey
Carlos Viera Steven Zelkowitz
Ron Platt
Robert Stobs
Mr. Blum indicated that he would like to move to table the Planning & Zoning Board
appointments until the next meeting and offered an explanation to the Council and members of
the audience. Mr. Ullman seconded the motion. The vote was 4-1 in favor of the motion with
Mr. Ulmer dissenting.
C) CODE ENFORCEMENT BOARD (3 VACANCIES)
APPLICANTS: Rod Buenconsejo Jack Callahan
John Figueroa John Patnik
Manny Quiroga John Stokesberry
Misters Buenconsejo, Figueroa, Patnik, Quiroga and Stokesberry were present and spoke on their
own behalf. The Clerk reminded the Council that there are three vacancies and asked for the
ballots to be completed. The results of the vote were as follows:
Blum Buenconsejo, Patnik, Quiroga
Ulmer Buenconsejo, Patnik, Quiroga
Davis Buenconsejo, Patnik, Quiroga
Ullman Buenconsejo, Figueroa, Quiroga
Herrera Buenconsejo, Patnik, Quiroga
• Misters Rod Buenconsejo, John Patnik and Manny Quiroga were reappointed to the Code
Enforcement Board.
D) HISTORIC PRESERVATION BOARD (3 VACANCIES)
APPLICANTS: Carolyne Cadwallader Martha Anne Collins
Bob Davis Donald Shockey
Carlos Viera Steven Zelkowitz
Mr. Shockey withdrew his name from consideration for appointment to the Historic Preservation
Board. Mayor Davis, after consulting with Mr. Sarafan, indicated that as Mr. Bob Davis is his
brother, he will either vote for only two candidates or if he votes for three candidates, he will not
vote for his brother's appointment. Ms. Cadwallader, Ms. Collins, Mr. Davis and Mr. Zelkowitz
were present and spoke on their own behalf. The Clerk asked that the Council Members submit
their ballots which resulted in the following vote tallies.
Blum Collins, Davis, Zelkowitz
Ulmer Davis, Zelkowitz
Davis Collins, Zelkowitz
Ullman Collins, Davis, Zelkowitz
Herrera Cadwallader, Collins, Zelkowitz
Ms. Martha Anne Collins, Mr. Bob Davis and Mr. Steven Zelkowitz were appointed to the
Historic Preservation Board.
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E) FINE ARTS COMMISSION (3 VACANCIES)
APPLICANTS: Susan Ackley Marilyn Arkin
Judy Baldacci Kelley Brill
Carolyne Cadwallader Elana Carey
Ronald Platt Mercedes Quiroga
Carlos Viera Steven Zelkowitz
Mr. Zelkowitz withdrew his name from consideration for the Fine Arts Commission. Ms.
Ackley, Ms. Arkin, Ms. Baldacci, Ms. Brill, Ms. Cadwallader, Ms. Carey, Mr. Platt, and Ms.
Quiroga were present and spoke on their own behalf. Paper ballots were voted and collected with
the following results.
#1 Blum Ackley, Platt, Quiroga
Ulmer Ackley, Carey, Quiroga
Davis Ackley, Arkin, Cadwallader
Ullman Ackley, Carey, Platt
Herrera Ackley, Cadwallader, Quiroga
Due to receiving a majority vote, Ms. Ackley and Ms. Quiroga were appointed to the Fine Arts
Commission. Additional ballots were cast to fill the remaining vacancy, resulting in the
following votes:
#2 Blum Platt
Ulmer Carey
Davis Cadwallader
Ullman Platt
Herrera Cadwallader
As no one received a majority vote, another ballot was completed.
#3 Blum Carey
Ulmer Arkin
Davis Cadwallader
Ullman Platt
Herrera Cadwallader
As this vote did not result in a majority vote for any candidate, another vote was taken.
#4 Blum Platt
Ulmer Carey
Davis Cadwallader
Ullman Platt
Herrera Cadwallader
Again, no applicant received a majority vote. Mr. Ullman stated his opinion that all candidates
are qualified but requested that the Council support Ronald Platt due to his ties to the Shores
Performing Arts Theater. Following Mr.Ullman's comments, another ballot was completed.
#5 Blum Platt
• Ulmer Carey
Davis Cadwallader
Ullman Platt
Herrera Cadwallader
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Once again, a majority vote was not reached. Mr. Ullman moved to limit voting to the
individuals who received two votes each on the last ballot. Mr. Blum seconded the motion. A
vote on the motion was called with Mr. Ullman and Mr. Blum voting in favor of the motion and
Mr. Ulmer, Mr. Herrera and Mayor Davis voting against the motion. The motion failed and
another round of voting took place.
#6 Blum Platt
Ulmer Carey
Davis Carey
Ullman Platt
Herrera Cadwallader
As no one applicant received a majority vote, Mr. Ulmer offered his opinion that ties to the
Theater are not as important as having a dancer on the Commission. In an attempt to break the
dead lock, Mr. Ulmer moved to reconsider all applicants from the original pool. Mayor Davis
passed the gavel to Mr. Ullman and seconded the motion. Individual Council Members expressed
their thoughts on either the individual, or type of individual, who they thought should be
appointed. Mr. Ulmer and Mayor Davis voted in favor of the motion and Mr. Blum, Mr. Ullman
and Mr. Herrera voted against the motion. The motion failed and ballot #7 was voted.
#7 Blum Platt
Ulmer Arkin
Davis Cadwallader
Ullman Platt
Herrera Cadwallader
• Again no one received a majority vote and another ballot was taken with the following results:
#8 Blum Platt
Ulmer Arkin
Davis Arkin
Ullman Platt
Herrera Cadwallader
The Council asked that they hear from the four candidates still eligible for appointment. Ms.
Arkin, Ms. Cadwallader, Ms. Carey and Mr. Platt addressed the Council a second time, further
outlining their qualifications for appointment to the Board. Following the presentations, another
vote was taken.
#9 Blum Platt
Ulmer Brill
Davis Cadwallader
Ullman Platt
Herrera Arkin
Once again no candidate received a majority vote of the Council and an additional ballot was
taken.
#10 Blum Platt
ID Ulmer Cadwallader
Davis Cadwallader
Ullman Platt
Herrera Cadwallader
• Ms. Carolyne Cadwallader, having received a majority vote of the Council, was appointed to the
Fine Arts Commission.
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3) ADMINISTRATION Tom Benton
A) REQUEST FOR APPROVAL TO ENTER INTO A CONTRACT, SUBJECT TO
THE APPROVAL OF THE VILLAGE ATTORNEY, WITH URS CORPORATION,
TO PERFORM AN ANALYSIS OF A COASTAL DEBRIS REMOVAL SYSTEM.
Mr. Benton provided background information regarding the Biscayne Bay clean-up project and
the proposed study. Mr. Benton indicated that a representative from URS Corporation was
present to answer questions that may arise as to the scope of services presented. Mr. Benton
recommended that the Council approve Task 1 as outlined in his cover memorandum. Mr. Blum
moved approval and Mr. Herrera seconded the motion.
Discussion amongst the Council, Mr. Benton and Mr. Turk, Senior Engineer with URS
Corporation, centered around the type of study to be conducted, anticipated results of the study,
and what type of structure would probably be proposed to deflect the debris. Mr. Turk clarified
the items to be provided as part of Task I and Mr. Benton spoke about the grant monies which are
dedicated to pay for the proposed study.
Mayor Davis called for a vote on Mr. Blum's motion to approve. The vote was 4 to 1 in favor of
the motion with Mr. Ullman dissenting, indicating that he did not feel that he had enough
information to make a decision to move forward.
4) ANNOUCEMENTS
The Clerk read the announcements.
5) PUBLIC COMMENTS
Lee Barchan Mr. Barchan spoke about the Bay debris.
6) COUNCIL COMMENTS
Greg Ullman Mr. Ullman thanked the applicants for applying to the Boards and
Committees.
Bob Blum
Prospero Herrera
Mr. Blum spoke about the first day of soccer and congratulated the
Recreation Department for keeping things under control. Mr. Blum
indicated that the talent of the Board applicants is amazing.
Mr. Herrera announced the Optimist BBQ on October 24th, thanked the
Library Board for the wonderful Library Dedication celebration and
SPATS for the Saturday benefit during which he performed. Mr. Herrera
also thanked the Board and Committee candidates.
Mark Ulmer Mr. Ulmer spoke about the talents of Village residents.
Mayor Davis Mayor Davis thanked those in attendance and spoke about Miami
Country Day's new Aquatic Center which was opened on Saturday.
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• 7) ADJOURNMENT
The October 1, 2002 Regular Council Meeting was adjourned • 9: 8 PM.
Barbara A. Fugazzi,
Village Clerk
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avis, Mayor