MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING- January 5, 2010,

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 agreement.  Mrs. Holly moved adoption of the Ordinance on second and final 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.

 

 

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,$2,354,880 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.