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12-02-2008 Regular Meeting• Barbara Estep, MMC VILLAGE CLERK MIAMI SHORES VILLAGE Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EstepBt MiamiShoresViilage.com • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, December 2, 2008 in the Council Chambers of Village Hall. The Meeting was called to order at 7:30 PM with the following individuals present: PRESENT: Herta Holly Steve Loffredo Hunt Davis Prospero Herrera JC Rodriguez ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE NOVEMBER 18, 2008 COUNCIL MEETING MINUTES. Mr. Loffredo requested that additional language be added to the November 18th minutes and outlined the request as follows: Page 2, second paragraph following Item 1D ... Bekky Leonard, Jerome Hurtak and Jerry Lance stated their opposition to the ordinance. Mayor Holly closed the Public Hearing.... Page 2, third paragraph following Item 1D . .. Mr. Loffredo indicated that he was voting against the motion due to the provision for the Code Enforcement Board to hear appeals. He stated that he could not support it without a provision for a Special Master to hear appeals. Mr. Davis moved to approve the November 18, 2008 Council Meeting Minutes as amended. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. • B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, CREATING BUDGET AMENDMENT #3 TO THE FY2007-2008 OPERATING BUDGETS, INCREASING REVENUES AND EFFECTUATING FUND TRANSFERS TO REVERSE THE YEAR END BUDGETARY DEFICIT. Ms. Estep read the caption of the resolution into the record. Mr. Rodriguez moved to adopt the proposed Resolution as presented. Mr. Loffredo seconded the motion. Ms. Holly Hugdahl, the Acting Finance Director, clarified that the amendment was a technical requirement only, and the transfer of funds was between departments. The Village did not experience a deficit at the end of the fiscal year. The vote was taken and was unanimous in favor of the motion. C) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CREATING BUDGET AMENDMENT #1 TO THE FY2008-2009 OPERATING BUDGETS TOTALING $172,330, REAPPROPRIATING $40,592 FROM THE GENERAL RESERVED FUND BALANCE, $4,500 FROM THE LOCAL OPTION GAS TAX FUND, $71,080 FROM THE CAPITAL FUND BALANCE $7,306 FROM THE SANITATION RESERVED RETAINED EARNINGS, AND $48,852 FROM THE FLEET MAINTENANCE INTERNAL SERVICE FUND, WHICH WILL BE USED FOR ALL OUTSTANDING FINANCIAL OBLIGATIONS INCURRED PRIOR TO SEPTEMBER 30, 2008. Ms. Estep read the caption of the resolution into the record. Mr. Loffredo moved to adopt the proposed resolution as presented. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING INSTALLATION OF A STEALTH CELLULAR TOWER IN THE NORTHWEST PORTION OF THE GOLF COURSE. Mr. Benton offered information relating to the request from Team Mobile to install a cellular tower on the golf course property and indicated that he was looking for feedback from the Council on whether or not to proceed with negotiations with Team Mobile. Individual Council members offered their comments, with Mr. Rodriguez offering an alternate location on the course rather than the location presented by Team Mobile. Mr. Loffredo expressed his displeasure with the "flag pole" tower, indicating that he did not object to Mr. Rodriguez's suggested location. The consensus of the Council was that a tower flag pole was objectionable and they did not want any installation to diminish the property values of surrounding homes. A representative from Team Mobile stated that Team Mobile would need to research the alternate location suggested to see if the site met the needs of the provider. After further discussion amongst the Council and a number of motions being offered and rescinded, Mr. Rodriguez moved to approve the installation of a stealth cellular tower on the Country Club property to be located at the Australian Pine tree line near the green of the 6th hole, in the proximity of Miami Country Day School, subject to final approval of the Council as to the location. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE COUNCIL A) DISCUSSION AND POSSIBLE ACTION TO ESTABLISH A POLICY ON THE COLLECTION OF CODE ENFORCEMENT LIENS ON FORECLOSED PROPERTY. Steve Loffiedo Mr. Loffredo outlined the purpose for bringing this item before the Council, referencing a resolution which would give the Code Enforcement Board direction when hearing relief requests. Mr. Loffredo then moved to adopt the Resolution represented. Mr. Davis seconded the motion. For record keeping purposes, the caption of the resolution is as follows: Resolution of the Miami Shores Village Council recommending full consideration by the Code Enforcement Board of all applicable factors in connection with requests for relief. Mr. Sarafan offered comments regarding the issue, indicating that the Code Enforcement Board was looking for guidance from the Council on how the Council wanted the Code Board to treat these cases, and clarified when the policy should be utilized in order to reduce fines and lien values. At the conclusion of the discussion, Mayor Holly called for the vote which was unanimous in favor of the motion. B) DISCUSSION AND POSSIBLE ACTION REGARDING THE MIAMI-DADE LEAGUE OF CITIES' REQUEST FOR $1,000 TO HELP DEFRAY LEGAL FEES. Prospero Herrera Mr. Herrera provided the Council with information relating to the request of $1,000 to defray legal expenses in a suit against Miami Dade County filed by Indian Creek and Pinecrest. The suit concerns a municipality's right to opt -out of the County Fire District in order to either form their own Fire Department or to contract for service with a another municipal Department. Mr. Herrera moved to expend $1,000 in contingency funds for this purpose. Mr. Loffredo seconded the motion. Council Members expressed their support of the expenditure, emphasizing the importance of municipal governments having the right to provide services to their residents through alternate means that the County. The vote, when called, was unanimous in favor of the motion. C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, EMPHASIZING THE IMPORTANCE OF UPHOLDING LOCAL GOVERNMENT'S RIGHT TO FULFILL THEIR PROPER AND INTENDED ROLES, WITHOUT UNDUE INTERFERENCE FROM THE STATE LEGISLATURE, AND DESIGNATING COUNCILMAN HUNT DAVIS AS SPOKESPERSON FOR THE VILLAGE COUNCIL IN MEETINGS WITH STATE LEGISLATORS ON THAT TOPIC. Hunt Davis Ms. Estep read the caption of the Resolution into the record. Mr. Davis explained the rational behind the resolution and moved to adopt the Resolution as presented. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. Mr. Rodriguez thanked Mr. Davis for his work meeting with the Legislators. Mayor Holly reminded all Council Members that they should individually be speaking to as many people as possible and expressing these views. 4) ANNOUNCEMENTS Ms. Estep read the announcements. 5) PUBLIC COMMENTS (5 Minute Time Limit Per Speaker) TF Chambers Mr. Chambers spoke of releasing liens. 6) COUNCIL COMMENTS Council Members wished everyone a safe and happy Holiday Season. 7) ADJOURNMENT Barbara A. Estep, MMC Village Clerk • Herta Holly, Mayor