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03-21-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MARCH 21, 1995 The regular meeting of the Miami Shores Village Council was held on March 21, 1995 at the Village Hall Council Chambers, commencing at 7:35 P.M. with the following members present: PRESENT: Mayor Heffernan Michael Boyle Robert Cook Richard Fernandez Steve Johnson ALSO PRESENT: Michael R. Couz7o, Jr. Barbara A. Fugazzi William F. Fann PRESENTATIONS: Mr. Co11z7o introduced Ms. Mildred Ramos-Majoros as the new Miami Shores Marketing Director. Ms. Ramos-Majoros will be starting her new position effective Monday, April 3, 1995. CONSIDERATIONS: ITEM #1 CONSENT AGENDA A. MINUTES 1. Regular Council Meeting 3/7/95 2. Planning & Zoning Meeting 2/23/95 3. Pension Board Meeting 2/9/95 4. Recreation Advisory Committee 2/13/95 B. REQUEST TO APPROPRIATE FORFEITURE FUNDS IN THE AMOUNT OF $2,000 FOR DRUG USE PREVENTION, JUST SAY NO TO DRUG CAMPAIGN, AND INFORMED FAMILIES OF DADE COUNTY. Mr. Boyle moved approval of the Consent Agenda. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mr. Fernandez indicated his desire to hear Agenda Item #3D at this point in the meeting, rather than as originally scheduled. There were no objections from the Council. Mr. Cook arrived at this time during the meeting (7:40 P.M.) ITEM #3 VILLAGE MANAGER Michael R. Couzzo, Jr. D. Discussion and Possible Action regarding an appeal by the Miami Shores Community Church to a Planning & Zoning Board Decision. Mr. Fernandez questioned the Village Code of Ordinances requirements for an appeal to be filed within ten (10) days, stating the appeal was not received in a timely manner. Mr. Couzzo deferred the question to the Village Attorney, Mr. Fann. Mr. Fann stated that the Council had not previously strictly adhered to the time frame provisions within the Code. Mr. Fernandez moved to waive the ten (10) day time requirements stated within the Code of Ordinances. Mr. Boyle seconded the motion and the vote was unanimous in favor. Mr. Couzzo explained the item before the Council. Attorney Barwick was present and representing the Community Church. Attorney Barwick outlined the circumstances surrounding the Church roof and indicating its historic designation. Mr. Fernandez questioned the legality and appropriateness of the appeal before the Council, indicating the lack of information regarding any discussion by the Planning & Zoning Board of "special circumstances" relating to historically designated structures. Mr. Fernandez suggested tabling the item and having the Planning & Zoning Board address the special circumstances. Mayor Heffernan stated that due to the wording of the Certificate of Appropriateness, the issue was before the Council. Attorney Barwick outlined the findings of the engineers, Knezevich and Associates. John Knezevich, Jr., was present. Discussion regarding the possibility of the roofs ability to hold tile, inability to locate original plans or drawings, and past considerations with regard to roofing variances, ensued. Mr. Boyle questioned the percentage of roof to be repaired and asked if that portion had ever been roofed with tile. Mr. Knezevich indicated that the section in question is approximately 10% of the roof area. Attorney Barwick stated that from available historical data, the roof section has never had tile material. Mr. Fernandez moved to overturn the decision of the Planning & Zoning Board and grant the Community Church a variance to re -roof with asphalt shingles. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM #2 DISCUSSION AND POSSIBLE ACTION REGARDING CHAMBER NEWSLETTER FORMAT Steven Johnson Mr. Johnson introduced Lew Soli, Executive Director of the Greater Miami Shores Chamber of Commerce. Mr. Soli outlined his proposal for combining the Village Newsletter with the Chamber Newsletter. He asked that the Council authorize the Village Manager to enter into a contract, effective May 1, 1995 through the remainder of the fiscal year, to coordinate and publish the newsletter. Mayor Heffernan inquired if the item was before the Council for informational purposes. Mr. Couzzo stated that he was looking for a consensus of the Council before proceeding with a contract proposal for consideration. Mr. Johnson outlined past discussions regarding combining the two newsletters and indicated that contract execution Page 2 needed Council approval. Mr. Fann stated that if the funds were previously appropriated, then the Village Manager does not need approval from the Council. Mr. Boyle and Mr. Fernandez expressed their concerns regarding the Chamber controlling story input and editorial content of the newsletter. Mr. Johnson indicated that the contract would be for a "trial" period, from May through the September issues. Mr. Boyle stated his desire to have the new Marketing Director involved with the newsletter and any discussions regarding the possibility of combining the two. Mr. Cook agreed with Mr. Boyle's comments and stated that he would like to see the Village Manager's recommendations on the proposal. It was the consensus of the Council for the Village Manager to study combining the Village Newsletter and the Chamber Newsletter, involving Mildred Ramos-Majoros and Lew Soli, and report his recommendations. ITEM #3 VILLAGE MANAGER Michael R. Comm, Jr. A. Discussion and Possible Action regarding the approval of the Federation of Public Employees Union Contract Mr. Boyle moved approval of the contract. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mayor Heffernan explained to the audience that per the Sunshine Law, the Council had met in an Executive Session to discuss the details of the negotiations and contract. B. Discussion and Possible Action regarding the results of the ranking by the Selection Committee of firms submitting proposals. Mr. Coiizzo explained the process the Selection Committee followed in ranking the firms presenting proposals in reference to the renovation of the 9990 N.E. 2nd Avenue building. The three top firms are: (1) Peacock, Courtney, (2) Bermello, Ajamil, and (3) David Morton. Mr. Fernandez moved to approve the ranking of the firms as submitted by the Selection Committee. Mr. Boyle seconded the motion and the vote was unanimous in favor. C. Discussion and Possible Action regarding authorizing the Village Manager and the appointed Negotiating Committee to negotiate with the top ranking firm in succession, until a previously agreed upon price is reached. Mr. Comm stated that the Negotiating Committee will be himself, Tom Benton and Patricia Varney. Mr. Fernandez questioned whether the Council was being asked to set a maximum price for the work product. Mr. Co»z7o stated that upon completion of the negotiations, the item would be brought to the Council for approval of a contract. Mr. Cook asked if the firm selected would be contracted for the construction/renovation work. Mr. Conz7o stated that there is the possibility, however, the preliminary contract will include a needs assessment and design development, not construction. Mr. Johnson moved approval. Mr. Boyle seconded the motion and the vote was unanimous in favor. Page 3 ITEM #4 VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE AMENDING SUBSECTION (c) OF SECTION 18-49 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE; ADDING FORMULA FOR CALCULATING RETIREMENT ANNUITY FOR POLICE OFFICER WHO RETIRES OR TERMINATES EMPLOYMENT SUBSEQUENT TO SEPTEMBER 30, 1994. Second and Final Reading The Clerk read the caption of the Ordinance. Mr. Johnson moved approval. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #5 ANNOUNCEMENTS The Clerk read the announcements. Prior to Public Comment, Mayor Heffernan read a letter which was addressed to Mr. Couzzo from Sister Jeanne and discussed the Pockets of Pride Program and Barry University. He showed examples of posters, literature and programs which prominently indicate that Barry University is located in Miami Shores Village. The Mayor further stated that the University assists the Village in countless ways, i.e. providing police training facilities for the K-9 units and regular patrol units. Mayor Heffernan expressed his desire to continue to work with Barry University to promote both the University and Miami Shores Village. Mr. Boyle stated that he hoped to be able to move forward and work with Barry University to improve the bordering areas of Unincorporated Dade County. ITEM #6 PUBLIC COMMENT Loretta Olsen Stated that she has been a resident of Miami Shores since 1942. Complimented the plantings within the Village and urged everyone to vote on Election Day. Ed Harrigan Spoke about Barry University and Sister Jeanne. Mark Sell Spoke about Barry University. Michael Maguire Spoke about the Public Comment portion of the Council Meetings. Mary Ross Agosta Spoke about the Chamber of Commerce Newsletter. Margaret Burch Spoke about Barry University and the Chamber Newsletter. Page 4 ITEM #7 COUNCIL COMMENT Mr. Cook Mr. Johnson Mr. Boyle Mr. Fernandez Mayor Heffernan Thanked the residents and fellow Councilmen for their patience with regards to his recent absences and for their support during his tenure on the P & Z Board and Council. Expressed his disappointment with Sister Jeanne's letter. He recommended a presentation regarding the Pockets of Pride Program by Sister Jeanne at a future Council Meeting. Spoke about the difference between the University and the Village Council, indicating the Council's responsibility to the residents. Stated that he was not running for Council in the upcoming election. He outlined issues that he hoped the next Council would address. Stated that Village Attorney Fann had an announcement to make. Mr. Fann indicated that he would be retiring from his position as Village Attorney prior to the beginning of the new fiscal year. Item #8 ADJOURNMENT The meeting was adjourned at 10:03 P.M. Barbara Fugazzi, Village Clerk Page 5 6:4L// - William Heffeinan, ayor