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05-04-2010 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: EstepB(MiamiShoresVillage.com • • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, May 4, 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 Prospero Herrera Hunt Davis Herta Holly Steve Loffredo 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 APRIL 20, 2010 COUNCIL MEETING MINUTES. Mrs. Holly moved approval of the April 20, 2010 Council Meeting Minutes as submitted. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES VILLAGE, FLORIDA, REPEALING SECTION 9-46 "CHARGE FOR INQUIRY" OF THE MIAMI SHORES CODE OF ORDINANCES AND CREATING ARTICLE VIII. SECTION 2-101 "CHARGES FOR INQUIRY", PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (2°a & Final Reading) Ms. Estep read the caption of the Ordinance into the record. Mr. Loffredo moved adoption of the proposed ordinance. Mrs. Holly seconded the motion. Mayor Davis opened the public hearing. As no one present wished to speak on the issue, Mayor Davis 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 CHAPTER 14, ARTICLE II, AND SECTIONS 14-16 THROUGH 14-34 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, EFFECTING A CHANGE IN TERMINOLOGY TO REFLECT THE STATUTORY CHANGE FROM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT, AND INCREASING RATES FOR LOCAL BUSINESS TAX RECEIPTS, AS CONTAINED WITHIN THE SCHEDULE OF LICENSE TAXES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (2nd & Final Reading) Ms. Estep read the Ordinance caption into the record. Mrs. Holly moved to adopt the proposed ordinance on second and final reading. Mr. Herrera seconded the motion. Mayor Davis opened the floor for the public hearing. No one present offered any comments. Mayor Davis closed the public hearing and called for the vote, which was unanimous in favor of the motion. D) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES, CHAPTER 14, ARTICLE IV, COMMERCIAL PHOTOGRAPHY AND FILMING, SECTIONS 14-71, 14-72 AND 14-73, RELATING TO FILM LICESING, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (2nd & Final Reading) Ms. Estep read the caption of the Ordinance into the record. Mr. Loffredo moved adoption of the proposed ordinance. Mr. Herrera seconded the motion. Mayor Davis opened the floor for the public hearing. No one in the audience wished to speak regarding the ordinance. Mayor Davis closed the public hearing and the subsequent vote was unanimous in favor of the motion. E) APPOINTMENT OF COUNCIL MEMBER TO THE GENERAL EMPLOYEE PENSION BOARD. Mayor Davis suggested that Councilman Hunt Davis be named to the General Employee Pension Board. After a brief discussion and Mayor Davis passing the gavel, Mayor Davis moved to appoint Hunt Davis to the General Employee Pension Board. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion. F) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, IMPLEMENTING PROVISIONS OF THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003 PERTAINING TO IDENTITY THEFT, PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the Resolution into the record. It was confirmed that the resolution contains standard policies for guarding against identity theft and formalizes the procedures and policies followed by the Village. Mr. Loffredo moved to adopt the proposed resolution as submitted. Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE MANAGER Tom Benton A) APPROVAL TO EXECUTE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND MIAMI SHORES VILLAGE RELATING TO FEDERAL PASS-THROUGH ARRANGEMENTS WITH THE AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA). Mr. Benton offered background information regarding the stimulus funds to be used for additional bus benches, bike racks and trash receptacles which will match the items that have been installed along N.E. 2nd Avenue. Council Members expressed their concerns regarding the required use of a Federal Transit Authority (FTA) logo. Mr. Benton advised the Council that the new bike racks, bus benches and trash receptacles will be for areas other than N.E. rd Avenue so the use of a logo should not be an issue. Mrs. Holly moved to approve execution of the proposed interlocal agreement. Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion. 411 • • B) APPROVAL OF SELECTION COMMITTEE'S RANKING OF ENGINEERING FIRMS RELATING TO THE SAFE ROUTES TO SCHOOL PROJECT. Mr. Benton gave a brief overview of the selection committee's findings and requested that the Council approve the Committee's rankings. Mrs. Holly moved approval of the ranking. Mr. Loffredo seconded the motion. A representative of Kimley Horn was present and spoke briefly about the project. Discussion regarding funding the project should the grant monies not be sufficient ensued. Mr. Benton advised the Council that the stimulus funding should be ample and if not, monies were available through the LOGT and CITT funds. The vote, when taken, was unanimous in favor of the motion. 3) VILLAGE COUNCIL A) DISCUSSION AND POSSIBLE ACTION REGARDING DONATING HUMANITARIAN FUNDS TO THE HAITI RELIEF EFFORTS OF $1,000.00 Vice Mayor Herrera Mr. Herrera spoke of the previous times the request had been before the Council unsuccessfully. Mr. Herrera then moved to donate $1,000 to Haitian relief efforts. Mr. Loffredo seconded the motion for discussion. Individual Council Members expressed their opinions on the request, with Mayor Davis, Mrs. Holly and Hunt Davis voicing their concern with allocating taxpayer dollars for relief aid. Following their comments, Mayor Davis called for the vote which was 2 to 3 in favor of the motion. Mayor Davis, Mrs. Holly and Hunt Davis voted against the motion. B) DISCUSSION AND POSSIBLE ACTION AUTHORIZING THE FINE ARTS COMMISSION TO SEEK GRANT FUNDING, CONTRIBUTIONS AND/OR DONATED SCULPTURES FOR ART IN PUBLIC PLACES. Vice Mayor Herrera Mr. Herrera spoke about a recent trip to Sarasota and an arts park located there with a number of pieces of sculpture. Mr. Herrera suggested that Optimist Park is a good locale for additional pieces within the Village. Following a motion by Mr. Herrera and a second by Mayor Davis for discussion purposes, the Council talked about the Fine Arts Commission and their role in seeking additional sculpture pieces. Council Members spoke of using smaller scale pieces, the pending piece of steel from New York's Twin Towers, and some of the issues that are associated with art pieces, i.e. insurance liability, transportation and installation of the pieces, etc. Subsequent to these discussions and a suggestion of how the motion could be phrased, Mr. Herrera amended his original motion and moved to have the Fine Arts Commission seek grant funding, contributions or donated sculptures, without committing to any funding, for the Art in Public Places Program. Mayor Davis accepted the amendment. The vote was unanimous in favor of the motion. 4) ANNOUNCEMENTS Ms. Estep read the announcements. 5) PUBLIC COMMENTS (5 Minute Time Limit Per Speaker) No one present wished to offer comments. 6) COUNCIL COMMENTS Prospero Herrera Mr. Herrera spoke of Sunday's concert and the upcoming Memorial Day service. Hunt Davis Mr. Davis spoke about Haiti and encouraged personal donations to help those in need, whether they are in Haiti, the Tennessee flood victims or elsewhere. Herta Holly Mrs. Holly commended the staff involved in Sunday's concert, spoke of Memorial Day and the start of the summer season. • • • Steve Loffredo Mr. Loffredo reminded residents of the upcoming budget process and asked them to stay informed and to stay involved. Al Davis Mayor Davis spoke of the Board vacancies and the Tot Lot renovation. 7) ADJOURNMENT The May 4, 2010 Village Council Meeting was adjourned at 8:10 PM. Barbara A. Estep, MMC Village Clerk Al Davis, Mayor