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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 Items1A 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
CERTIFICATE; AUTHORIZING THE VILLAGE MANAGER TO TAKE CERTAIN ACTIONS AND TO
EXECUTE AND DELIVER CERTAIN
DOCUMENTS; DESIGNATING SAID BONDS AS QUALIFIED 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
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Barbara
A. Estep, CMC
Village
Clerk
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