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HomeMy WebLinkAbout2004 0225 Special City Commission Meeting SUMMARY MINUTES Special City Commission Meeting Wednesday, February 25,2004,8:30 a.m. City of Sunny Isles Beach, Florida A TTENTION ALL LOBBYISTS: CITY LAW REOUIRES YOUR REGISTRA TION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMA TION. AGENDA 1. CALL TO ORDERlROLL CALL OF MEMBERS The meeting was called to order by Mayor Edelcup at 8:31 a.m., with the following officials present: Mayor Norman S. Ede1cup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Danny Iglesias Commissioner Lewis J. Thaler City Manager Christopher J. Russo City Attorney Lynn M. Dannheisser City Clerk Jane A. Hines 2. PLEDGE OF ALLEGIANCE Action: Henry Kay led the Pledge of Allegiance to the flag. 3. RESOLUTIONS 3A. A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Consenting to the Assignment of the CATV Franchise from Interlink Communications Partners, LLC (D/B/A Charter Communications) to Atlantic Broadband (Miami), LLC ("Atlantic Broadband"); Approving Acceptance Agreements Attached Hereto as Exhibit "A" and Exhibit "B"; and Providing for an Effective Date. Action: City Clerk Hines read the title and City Manager Russo reported noting that this will include equipment such as remote controlled cameras and company equipment necessary for the Commission Chambers of the new City Hall. He said this would include the tape deck equipment, other equipment necessary to cablecast shows through the Government access channel, and a field set of equipment to have the ability to go out and videotape for City promotional purposes. Public Speakers: Todd Wells, Attorney for Atlantic Broadband; Henry Kay City Attorney Dannheisser noted that the Resolution needs to include Exhibit "B", which is the Settlement Agreement. She noted that there is a change at the bottom of page 2 of Summary Minutes: Special City Commission Meeting February 25, 2004 City of Sunny Isles Beach, Florida Exhibit "A", Paragraph 9c, last sentence, delete the word "ordinance", it should read section 8(f) "of the Cable Franchise Ordinance". Vice Mayor Goodman asked if this Cable Company has been in the cable business before or is it a new company? Todd Wells, Attorney for Atlantic Broadband, said that Atlantic Broadband was formed in August 2003 for the purpose of acquiring 208 franchises including the franchises in South Florida. He said that their entire management team has more than 20-25 years of experience in the cable business, and their CEO was the President of America Cablevision which was one of the largest cable companies in the country, and with their five senior executives together have combined more than 100 years in high management positions. Commissioner Thaler asked if the City would have the equipment up and working by the March 28th event, and City Manager Russo said that we are already set up to have the event video taped, edited and perhaps after a week, broadcast it on our cable access channel. He said that the IT Director had been working with the local consultant for Charter, and will get the tape deck, mixing, and various equipment necessary to upgrade the modulator for the Government access channel to cablecast that event, and that he wants that section of the program implemented as soon as possible. City Manager Russo said the equipment to broadcast the Commission Meetings will be placed in the new City Hall, and that, in time, we will have the field equipment and then train people. Mayor Ede1cup said that he read in Exhibit "A" that there were no planned increase in rates, however it goes on to say if there is, it could happen within 30 days, and asked for an oral commitment from someone here that there will not be an increase in rates for a defined time. Mr. Wells said that they are not a rate regulated entity, but as part of this transaction, there will be no rate increase due to the acquisition of Charter, and he said it was appropriate for him to say that they will not be increasing their rates for a period of one year in this community, however, if programming costs go up, then they will have to be able to absorb that cost. Mayor Edelcup said that as long as it was a cost pass through, then that is not a problem, but if there is a profit added then he would have an objection to that. Mayor Edelcup said that the City contract runs to 2009, and Mr. Wells said yes and that Atlantic Broadband is assuming all of the obligations under the franchise agreement and the City's ordinances. Henry Kay said that one concern he has is that the cost of the equipment should be committed not the maximum monetary commitment, but the commitment for the specific equipment, and City Manager Russo said that it is handled in the agreement, as the equipment needs to be accomplished, installed, and done in less than ten months because it relates to the new City Hall, therefore this equipment will be ordered as soon as possible within the next two to three weeks. Mr. Kay also said he is concerned about the Page 2 of 4 Summary Minutes: Special City Commission Meeting February 25, 2004 City of Sunny Isles Beach, Florida service team, and he would like a verbal commitment from the company that the Charter team that has been servicing Sunny Isles Beach will remain in tact from an executive viewpoint because they know us, we know them, and he can help the Commission if and when it is necessary or appropriate, so he would recommend and sincerely ask that this be a commitment within legal terms. Mayor EdeIcup said he is sure that in the franchise agreement that the level of service can't be monitored by the City. Mr. Wells said that they cannot make a commitment that they will have certain employees work for them forever, that employees are free to come and go as they desire as are we, however there is no managerial process under which we are going to replace our current staff. He said he believes that many members of the current staff are going to continue to serve. Vice Mayor Goodman moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2004-645 was adopted by a voice vote of 5-0 in favor. 4. DISCUSSION: 4A. Add-On: Discussion regarding Extension for Banners. Action: Mayor Ede1cup asked if the Commission would like to consider extending the time for banners on new businesses or current businesses, and that Jose Milton asked him if the Commission could revisit this, to put advertising on the Intercoastal Tower Rentals due to the problems of the roads, and people are having difficulty renting out the building. Mayor Edelcup asked the Commission if there was consensus to place this on the March 18,2004 City Commission meeting agenda. Commissioner Thaler objected to it, and Commissioner Brezin thought they could bring it to the Commission on an individual basis, and Vice Mayor Goodman didn't think it should be done on an indi vidual basis. Mayor Ede1cup asked if we should allow someone to come before us in the March meeting with a petition asking us to consider, and City Manager Russo said that there is a provision that they can have these signs for 90-days, and we extended it for a year, but what has happened since the end of the year is that notices have gone out and that is why the issue is being raised. Commissioner Iglesias said that the road has been closed and it has hurt the business, and from the FDOT point of view, what we do as part of business, anytime we do a road construction, we are required to put actual business signs up. He said we should look into it. Mayor EdeIcup said if we wanted to have a banner there, we could also charge for it. City Attorney Dannheisser said that she could draft an Ordinance for March that would give certain circumstances under which the City would, within the Commission's discretion, allow it, and require a site plan or a review of the sign with a time limit. She said that these are temporary banners and all that we will be doing is creating a set of specific exemptions or to allow for an extension, and the Commission would have to Page 3 of 4 - Summary Minutes: Special City Commission Meeting February 25, 2004 City of Sunny Isles Beach, Florida make that decision and approve the aesthetics of it. City Manager Russo said that in regard to the issue of the Intercoastal Yacht Club at North Bay Road, there is a meeting taking place this morning with the Supervisor of the FPL project with Mr. Milton about opening up the road from Collins A venue southbound onto North Bay Road only. He said that drivers still have to go to the second right turn to get onto the Causeway to go over the bridge, but they may be able to open up the one lane and they will put up the proper signage on Collins A venue that says "To North Bay Road Only". 5. ADJOURNMENT Mayor Edelcup moved and Commissioner Iglesias seconded a motion to adjourn the meeting. The motion was adopted by a voice vote of 5-0 in favor and the meeting was adjourned at 9:09 a.m. ,Resp~~tfully,submitted by: , '..' :~ 'I,. \:A J J ~ -~l~~'~ lane A. Hines, ~~ty Clerk Approved by the City Commission on March 18,2004 . ~ . Page 4 of 4