01-05-2010 Regular Meetingr
1 '01REy. Gri. M I
Barbara Estep, MMC
VILLAGE CLERK
HORES 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: EsteoB a(�.MiamiShoresVillage.com
MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, January 5, 2010, in
the Council Chambers of Village Hall. The Meeting was called to order at 7:30 PM with the following individuals
present:
PRESENT:
Al Davis
Donald Shockey
Prospero Herrera
Herta Holly
Steve Loffredo
ALSO PRESENT: Tom Benton, Village Manager
Barbara Estep, Village Clerk
Richard Sarafan, Village Attorney
PRESENTATIONS
Mr. Benton presented Certificates to the 2010 Holiday Light Contest Winners.
CONSIDERATIONS
1) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE DECEMBER 1, 2009 COUNCIL MEETING MINUTES.
Mr. Loffredo moved approval of the December 1, 2009 Council Meeting Minutes as submitted. Mrs. Holly seconded
the motion and the vote was unanimous in favor of the motion.
B) AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO, PROVIDING FOR MONTHLY PAYMENTS TO THE
VILLAGE OF MIAMI SHORES, AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the Ordinance into the record. Mr. Sarafan provided a brief summary of the changes
between the existing franchise agreement, which is due to expire in the very near future, and the proposed franchise
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agreement. Mrs. Holly moved adoption of the Ordinance on second and fmal reading. Mr. Shockey seconded the motion.
Mayor Davis opened the floor for the Public Hearing.
Steve Bernard A Biscayne Park resident and Commissioner, requested that the Village not adopt the
ordinance granting the franchise and work together to attempt to gain additional concessions from FPL.
Wyatt Porter -Brown Spoke of his concern regarding protection from high tension wire siting in the future.
As there were no additional residents present who wished to speak regarding this matter, Mayor Davis closed the Public
Hearing and asked to hear comments or questions from the Council.
Council's questions and comments centered around the term of the franchise which is set at 30 years and protection against
the location of high tension wires in the Village. It was confirmed that the agreement does include a "most favored
nations" clause which will provide for the Village to receive certain specified benefits if another municipality negotiates a
better franchise agreement. FPL Representative, Aletha Player, spoke on behalf of FPL and explained that the 30 year
franchise term assists the Village in financial planning as it represents a guaranteed revenue stream for the term of the
franchise. When asked directly, Ms. Player indicated that no other municipality has a term of less than 30 years and that no
other municipality has an exclusion clause regarding high tension lines. Mr. Sarafan read the franchise agreement language
pertaining to the siting of electric lines and spoke of the lengthy negotiations which resulted the in proposed ordinance. Mr.
Sarafan reiterated his belief that the proposed franchise agreement affords the Village the best terms that are possible in an
area where the Village does not have much room for negotiation. Mr. Sarafan stated that if the Council does not approve
the franchise, FPL will continue to provide electrical service to the residents but the Village will not continue to receive the
franchise fees called for in the agreement. Following these discussions, Mayor Davis called the question and the vote was
unanimous in favor of the motion to adopt the ordinance on second and final reading.
C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, PURSUANT TO
SECTION 197.3632, OF THE FLORIDA STATUTES, PROVIDING FOR A UNIFORM METHOD OF
COLLECTING NON -AD VALOREM ASSESSMENTS FOR SANITATION AND STORMWATER
SERVICES, AUTHORIZING ENTERING INTO AN INTERLOCAL AGREEMENT WITH MIAMI-
DADE COUNTY TO PLACE THE VILLAGE'S PROPOSED NON -AD VALOREM ASSESSMENTS
ON THE COUNTY TAX BILL, AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the Resolution into the record. Mr. Benton explained the rationale behind the
Administration's request to make this change in the way the Village bills and collects the sanitation and
stormwater assessments. Mr. Shockey moved approval of the Resolution. Mrs. Holly seconded the motion. Mayor
Davis opened the floor for the Public Hearing. Residents John Dellisaro, Robert Kroboth, Keith Rouse, Eddie
Lewis and Maria spoke of their concerns regarding placing the sanitation and stormwater assessments on the
County tax bill. The concerns raised dealt with having to pay for the services in advance and not wanting to pay
the County.
No additional residents came forward to speak and Mayor Davis closed the Public Hearing. Individual Council
Members offered their opinions on the proposed change and asked Mr. Benton to address why the Village was
looking to make the change at this time. Mr. Benton reiterated that there is over $900,000 in outstanding sanitation
charges owed to the Village and that although making the change will not alleviate that debt, it will increase the
efficiency of collecting on new sanitation/stormwater charges. Additionally, the change will free up staff to work
on other day-to-day operational tasks rather than having to devote a majority of their time on lien filings and lien
status updates. Mr. Sarafan compared the procedures that the Village follows when direct billing to the process
that will be followed by the County.
At the conclusion of these discussions, Mayor Davis called for a vote which was three to two in favor of the motion
to adopt the Resolution. Mr. Shockey and Mr. Loffredo voted against the motion.
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D) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA,
CREATING BUDGET AMENDMENT #1 TO THE FY2009-10 OPERATING BUDGETS TOTALING
$2,435,957, REAPPROPRIATING $67,427 FROM THE GENERAL RESERVED FUND BALANCE, $3,950
FROM THE LOCAL OPTION GAS TAX FUND, $2354,880 FROM THE CAPITAL FUND BALANCE;
AND $9,700 FROM THE FLEET MAINTENANCE INTERNAL SERVICE FUND, WHICH WILL ALL BE
USED FOR OUTSTANDING FINANCIAL OBLIGATIONS INCURRED PRIOR TO SEPTEMBER 30,
2009.
Ms. Estep read the caption of the Resolution into the record. Confirmation was given that the large reappropriation
from the Capital Fund Balance was due to the motor pool construction project and the balance due on the N.E. 2nd
Avenue roadway improvement project. Mrs. Holly moved approval of the Resolution. Mr. Herrera seconded the
motion and the vote was unanimous in favor of the motion.
2) ANNOUNCEMENTS
Ms. Estep read the announcements.
3) PUBLIC COMMENTS
Carmen Jones -Carrie Spoke about Horace Mann Middle School and the upcoming Magnet School Fair.
Eddie Lewis Thanked the Council for their service and spoke of the Optimist Club donations.
Elvia Elvia was referred to speak with someone in the Finance Department during Village Hall
hours.
4) COUNCIL COMMENTS
Herta Holly Mrs. Holly spoke of the recent Community Leadership Partnership program at which Bob
Graham was a speaker. Wished everyone a Happy New Year.
Prospero Herrera Mr. Herrera congratulated the Holiday Light Contest winners and spoke of the upcoming
2010 Census Count. Mr. Herrera also wished everyone a Happy New Year.
Steve Loffredo Mr. Loffredo spoke of the Orange Bowl Committee's welcome reception.
Donald Shockey Mr. Shockey wished everyone a Happy New Year and wish for a better year to come.
Al Davis Mayor Davis spoke of the Mayor's Ball planned for February 27th. Mrs. Holly added
additional information regarding the Ball and its importance as a fund raising event.
5) ADJOURNMENT
The January 5, 2010 Council Meeting was adjourned at 9:00 PM.
Barbara A. Estep, MMC
Village Clerk
Al Davis, Mayor