Loading...
07-20-2004 Regular Meeting• • Barbara Estep, CMC VILLAGE CLERK MIAMI SHORES VLLAGE Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EsteDB an.MiamiShoresVillage.com MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, July 20, 2004 in the Village Hall Council Chambers. The Meeting was convened at 7:35 PM with the following members present: PRESENT: Jim McCoy Herta Holly Al Davis Ed Quinton Greg Ullman ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATIONS Mr. Berg, Planning & Zoning/Code Enforcement Director, presented the House of the Month Award to Alan Caves for the month of August, 2004. CONSIDERATIONS 1) CONSENT AGENDA Barbara A. Estep Mr. Quinton requested that Item 1C be discussed and considered separately. A) APPROVAL OF THE JULY 6, 2004 AND JULY 12, 2004 COUNCIL MEETING AND BUDGET WORKSHOP MEETING MINUTES. B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL AUTHORIZIING ADVANCES TO THE CHARTER SCHOOL AUTHORITY FOR PURPOSES OF MAKING PAYMENTS TO THE EXECUTIVE DIRECTOR AND FOR BASIC START-UP COSTS OF THE DOCTORS CHARTER SCHOOL OF MIAMI SHORES, PROVIDING FOR AN EFFECTIVE DATE • Mrs. Estep read the items contained within the Consent Agenda. Mr. Davis moved approval of Items 1A and 1B. Mr. Ullman seconded the motion and the vote was unanimous in favor. • • • C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, OPPOSING AN AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD EXEMPTION TO $50,000. Mr. Quinton spoke about the proposed Resolution and wondered whether or not it was still appropriate to consider the Resolution due to the fact that the Florida Supreme Court ruled that the issue could not be placed on the November election ballot. Council Members discussed the pros and cons of adopting the Resolution with Mr. Sarafan suggesting a minor amendment to delete references to the November election. Mr. Quinton then moved to adopt the Resolution as amended. Mr. Davis seconded the motion and the vote was unanimous in favor. 2) VILLAGE CLERK Barbara A. Estep A) AN ORDINANCE AMENDING TEXT OF "MIAMI SHORES VILLAGE COMPREHENSIVE PLAN", "FUTURE LAND USE ELEMENT" AND "INTERGOVERNMENTAL COORDINATION ELEMENT", TO INCLUDE PROVISIONS REGARDING SITE OF SCHOOLS AS REQUIRED BY STATE DEPARTMENT OF COMMUNITY AFFAIRS (DCA) ACCORDING TO 1998 AMENDMENTS TO CHAPTER 163, FLORIDA STATUTES; AND REPEALING ALL ORDINANCES INCONSISTENT HEREWITH. Mrs. Estep read the caption of the Ordinance and provided a brief explanation of the proposed Comprehensive Plan. amendment. Mrs. Holly moved to adopt the proposed Ordinance on final reading. Mr. Davis seconded the motion. Mayor McCoy opened the floor for the Public Hearing. With no one present wishing to speak on the proposed Ordinance, Mayor McCoy closed the Public Hearing and called for the vote which was unanimous in favor of the motion. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTIONS 99-42 (1), (1)(a), AND (3), OF THE VILLAGE CODE OF ORDINANCES, RELATING TO THE FEES CHARGED FOR GARBAGE & TRASH COLLECTION, TO PROVIDE FOR AN INCREASE IN SAID FEES, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Estep read the caption of the Ordinance. Mr. Davis moved to approve the Ordinance on second reading. Mrs. Holly seconded the motion. Mayor McCoy opened the Public Hearing. A resident from 50 N.E. 108th Street, asked about the reason for the increase in fees. Mr. Benton offered information relating to the environmental issues and change in the bulk trash operation which is resulting in an approximate $400,000 increase in program costs. There was no one else present wishing to speak on the proposed Ordinance. Mayor McCoy closed the Public Hearing and called for the 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. Mrs. Estep read the caption of the Ordinance. Mr. Davis moved to adopt the Ordinance on second reading. Mr. Quinton seconded the motion. Mayor McCoy opened the Public Hearing. Mrs. Alice Burch spoke in favor of the increase, noting that the stormwater fees are relatively low compared to other municipalities. No one else in attendance wished to speak on the proposed Ordinance Mayor McCoy closed the Public Hearing and called for the vote which was unanimous in favor of the motion. 3) RECREATION DEPARTMENT Jerry Estep A) A REQUEST TO WAIVE THE BID PROCEDURE AND AWARD CONTRACT TO SYMBIONT SERVICE CORP. FOR POOL HEATERS IN AN AMOUNT NOT TO EXCEED $50,000. • Mr. Davis moved to waive the bid procedure and award the pool heater purchase to Symbiont Service Corp. Mrs. Holly seconded the motion. Mr. Ullman asked for an explanation on the need for the heater replacement. Mr. Benton and Jerry Estep, Recreation Director, provided information relating to the current heaters and the proposed heaters, indicating that there will be a substantial savings in operational costs with the new heaters, estimating an annual savings of $8,000 to $10,000 in gas bills. Mr. Estep indicated that he has researched the heater system and made site visits to see them in operation. All facilities using the system are happy with the equipment and realizing a gas bill reduction. Mr. Benton stated that funding for the heaters will come from remaining GO Bond monies which must be spent or forfeited in the near future. At the conclusion of the discussion, Mayor McCoy called for the vote which was unanimous in favor of the motion. 4) FINANCE DEPARTMENT Mark Malatak A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, SETTING TENTATIVE OPERATING AND DEBT SERVICE AD VALOREM MILLAGE LEVIES FOR FY2004/2005 BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; SETTING THE TIME, DATE AND PLACE FOR THE TWO PUBLIC HEARINGS FOR THE FISCAL YEAR 2004-2005 OPERATING BUDGETS AND PROPOSED AD VALOREM MILLAGE LEVIES. Mrs. Estep read the caption of the Resolution. Mr. Davis moved approval of the Resolution. Mrs. Holly seconded the motion. Individual Council Members expressed their views on the budget process and the fact that a tax increase from 7.7500 to 8.2500 mills was being proposed. The Council acknowledged the work done by the Administration to present a budget that did not cut services, but contained a number of cutbacks in positions and operating expenditures. However, in order to meet the budgeted expenses and due to increasing insurance costs, legal fees, and personnel related costs, a millage increase is proposed. It was confirmed that should the Council adopt the Resolution, the information regarding the proposed mill rate and the dates of the September Public Hearings would be transmitted to the County for inclusion in the Proposed Tax Notice. A 4 —1 vote on the motion to adopt the Resolution was recorded, with Mr. Ullman dissenting. B) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF MIAMI SHORES VILLAGE, FLORIDA, GENERAL OBLIGATION BONDS, SERIES 2004, TO FINANCE THE COST OF THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF A MIAMI SHORES VILLAGE CHARTER SCHOOL; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDNG FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON SUCH BONDS FROM AD VALOREM TAXATION WITHOUT LIMIT ON ALL TAXABLE PROPERTY IN THE VILLAGE; PROVIDING FOR THE TERMS AND DETAILS OF THE BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A PURCHASE AGREEMENT RELATING THERETO; APPOINTING A PAYING AGENT AND REGISTRAR FOR SAID BONDS; APPROVING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE ISSUANCE OF A FINANCIAL GUARANTY INSURANCE POLICY BY AMBAC ASSURANCE CORPORATION FOR SUCH BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CER 1'ir'1CATE; AUTHORIZING THE VILLAGE MANAGER TO TAKE CERTAIN ACTIONS AND TO EXECUTE AND DELIVER CERTAIN DOCUMENTS; DESIGNATING SAID BONDS AS QUALll-e1ED TAX-EXEMPT OBLIGATIONS PURSUANT TO SECTION 265(B)((3) OF THE INTERNAL REVENUE CODE; AND PROVIDING AN EFFECTIVE DATE. Mrs. Estep read the Resolution's title. Mr. Benton provided background information relating to the Bond issue and the Charter School. Mr. Davis moved to adopt the Resolution. Mr. Ullman seconded the motion. A representative from the underwriting firm, as well as the Village's Bond Counsel, were present and gave a brief explanation of their respective roles in the process and transaction. The vote, when called, was unanimous in favor of the motion. Mayor McCoy called a recess at 8:35 PM and reconvened the Meeting at 8:45 PM. • 5) VILLAGE MANAGER Tom Benton • • A) PRESENTATION, DISCUSSION AND POSSIBLE ACTION REGARDING STREETSCAPE PLAN FOR N.E. 2ND AVENUE ROADWAY RENOVATION. Mr. Benton introduced Mr. Steve Lefton representing the firm of Kimley-Horn, who is designing the roadway improvement project for the County and Village. Mr. Lefton reviewed with the Council the parameters of the project enhancements, including the types of landscaping materials to be used, the light pole fixtures, coloring for the concrete and brick paver samples. Council Members advised Mr. Lefton of their opinions on the samples and informational materials presented. Following the discussions, the Council suggested that Mr. Lefton use the suggestions and input from the Council to finalize the enhancement products and report back to the Council at that time. 6) ANNOUNCEMENTS Mrs. Estep read the announcements. 7) PUBLIC COMMENTS None Offered. 8) COUNCIL COMMENTS Greg Ullman Mr. Ullman spoke of the Biscayne Boulevard Project starting and wished everyone a good vacation. Ed Quinton Mr. Quinton thanked the staff for their work on the budget and wished everyone a good summer. Al Davis Mr. Davis had the new Herald Reporter intern introduce herself. Herta Holly Mrs. Holly told everyone to enjoy their time off. Jim McCoy No comments offered. 9) ADJOURNMENT The July 20, 2004 Council Meeting was adjourned at 9:55 PM. Jim McCoy, Mayor Barbara A. Estep, CMC Village Clerk