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10-01-2002 Regular Meeting• • 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. • 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. • • • 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 • 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. • • 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. 5 • 7) ADJOURNMENT The October 1, 2002 Regular Council Meeting was adjourned • 9: 8 PM. Barbara A. Fugazzi, Village Clerk • • N avis, Mayor