05-02-1995 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
MAY 2, 1995
The regular meeting of the Miami Shores Village Council was held on May 2, 1995 at the
Village Hall, commencing at 7:30 P.M. with the following members present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Mary Ross Agosta
Michael Boyle
William Heffernan
ALSO PRESENT: Michael R. Couzzo, Jr.
William Fann
Barbara Fugazzi
PRESENTATION:
Mayor Imburgia read a proclamation in honor of the Miami Shores All -Schools Music Fest.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
Mr. Heffernan moved approval of the Consent Agenda. Ms. Ross Agosta seconded the motion
and the vote was unanimous in favor.
ITEM #2 DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE
TIME OF THE FUTURE COUNCIL MEETINGS FROM 7:30 to 6:30 P.M.
Mayor Imburgia
Mayor Imburgia passed the gavel to Vice Mayor Sastre. Mayor Imburgia moved to change the
time of future Council meetings to 6:30 P.M. Mr. Heffernan seconded the motion for discussion
purposes. Ms. Ross Agosta expressed her concerns that an earlier meeting would create some
problems for residents who work and have children to feed, to be in attendance for the meetings.
Mr. Heffernan inquired of the Village Attorney, Mr. Fann, if he knew if the Council meetings
had always been scheduled for 7:30 P.M. Mr. Fann stated that the meetings used to take place in
the afternoon, however, for as long as he has been associated with the Village, (19 years), they
had been at 7:30 P.M. Mr. Boyle asked Mayor Imburgia why he wanted to change the time.
Mayor Imburgia stated that the Planning & Zoning Board had changed the time of their meeting
to 6:30 P.M. and that it allowed both the Board members and those in attendance to get home at
an earlier hour. Mr. Heffernan stated that the agendas are organized with ceremonial functions in
the beginning of the meeting and the issues and public/council comment towards the end of the
meetings. Mr. Heffernan believes more people will participate in the meeting if it takes place at
the earlier time. Mr. Sastre stated that he has spoken to a number of residents and relayed their
concerns about being out late at night. Discussion regarding alternatives ensued. Mayor
Imburgia withdrew his motion. Mr. Heffernan withdrew his second. It was the consensus of the
Council to table this item until the July meeting. Vice Mayor Sastre returned the gavel to Mayor
Imburgia.
ITEM #3 VILLAGE CLERK Barbara Fugazzi
A. APPOINTMENT OF COUNCIL MEMBER TO THE PENSION BOARD
Mr. Heffernan explained that he has served on the Pension Board for the past two years. In the
interest of continuity, he expressed his willingness to continue on the Board if nominated. Mr.
Sastre moved to appoint Mr. Heffernan as the representative from the Council to serve on the
Pension Board. Mr. Boyle seconded the motion and the vote was unanimous in favor.
B. APPOINTMENT OF COUNCIL REPRESENTATIVE AND ALTERNATE TO
DADE LEAGUE OF CITIES.
Mayor Imburgia passed the gavel to Vice Mayor Sastre. Mayor Imburgia moved to appoint Mr.
Heffernan as the representative to the Dade League of Cities. Mr. Boyle seconded the motion
and the vote was unanimous in favor. Mayor Imburgia moved to appoint Ms. Ross Agosta as the
alternate to the Dade League of Cities. Mr. Boyle seconded the motion and the vote was
unanimous in favor. Vice Mayor Sastre returned the gavel to Mayor Imburgia.
C. APPOINTMENT OF COUNCIL REPRESENTATIVE AND ALTERNATE TO
FLORIDA LEAGUE OF CITIES.
Mr. Boyle moved to appoint Mr. Sastre as the Council representative to the Florida League of
Cities. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Mr. Sastre
moved to appoint Mr. Boyle as the alternate to the Florida League of Cities. Ms. Ross Agosta
seconded the motion and the vote was unanimous in favor.
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D. REQUEST APPROVAL TO WAIVE BID PROCEDURE AND AUTHORIZE
MUNICIPAL CODE CORPORATION TO RECODIFY THE MIAMI SHORES
VILLAGE CODE OF ORDINANCES.
The Clerk explained the item before the Council, indicating it had been approximately two years
since the last recodification was done. Mr. Heffernan asked about the current need for
recodification. Mr. Fann stated that he had not been aware that it had been two years since the
last recodification and should be done. The Clerk indicated that there were fourteen Ordinances
and the recent Charter amendments which needed to be incorporated into the current Code
books. Mr. Heffernan moved to waive the bid procedure and authorize Municipal Code
Corporation to recodify the Village Code of Ordinances. Mr. Sastre seconded the motion and the
vote was unanimous in favor.
ITEM #4 VILLAGE MANAGER Michael R. Conz7o, Jr.
A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF A
CONTRACT WITH PEACOCK, COURTNEY TO PERFORM A BUILDING
AUDIT STUDY OF THE 9990 N.E. 2ND AVENUE BUILDING, AS
NEGOTIATED BY THE NEGOTIATING COMMITTEE.
Mr. Couz7o explained the item and introduced Tamara Peacock and Ron Barr, from the
architectural firm of Peacock, Courtney. Ms. Peacock and Mr. Barr outlined the scope of the
services requested in the proposed contract. Mr. Couz7o stated that the contracted price would
be $25,000, with $8,000 to be credited towards the next phase of the project. Mr. Couzzo further
stated that a number of studies had been completed along with the appraisal of the building,
namely a structural, mechanical/electrical/plumbing and a Phase I environmental study.
Discussion regarding the appropriateness of undertaking the study prior to entering into a
contract to purchase the building, versus using the results of the study to more effectively
negotiate for the building ensued. Mr. Couzzo used the analogy of the study as an "insurance
policy" against the possibility of unforeseen problems in the renovation of the building. After
further discussion regarding alternatives to pursuing the building audit study at this time, Mr.
Heffernan moved to table this item to a future date. Mr. Sastre seconded the motion and the vote
was unanimous in favor. It was the consensus of the Council to direct the Village Manager to re-
open negotiations with the Archdiocese.
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ITEM #5 PUBLIC WORKS Tom Benton
A. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF BID
FOR PAVEMENT MARKINGS FOR N.E. 96TH STREET, EAST OF
BISCAYNE BOULEVARD.
Mayor Imburgia indicated he would be abstaining from the vote on this item. Mr. Benton
explained the background and history of this project, indicating that striping of this portion of
96th Street has been delayed for over a year. Mr. Boyle moved approval of waiving bid
procedure and awarding the project to Premier Marking & Signing Corporation in the amount of
$6,360.00. Ms. Ross Agosta seconded the motion. Mr. Boyle asked if the plan called for
narrowing of 96th Street. Mr. Benton stated that the plan was for striping and marking only. Mr.
Heffernan inquired regarding slanted parking or new curbing. Mr. Benton and Mr. Couzzo stated
that the plan would not allow for slanted parking. Mr. Couzzo further stated that new curbing is
not being requested at this time. There is a future plan for drainage and curbing in this area, but
this work request is for striping and marking only. Mr. Boyle asked how the project was to be
funded. Mr. Benton stated the monies would come from the barricade fund. The vote was taken
and was unanimous in favor, with Mayor Imburgia abstaining.
ITEM #6 FINANCE DEPARTMENT Patricia Varney
A. DISCUSSION AND POSSIBLE ACTION REGARDING AWARDING BID
FOR SOLID WASTE FEE STUDY
Mr. Couzzo outlined the item and indicated he was supporting the Finance Director's
recommendation of awarding the contract to the low bidder, Madsen, Sapp, Mena, Rodriguez &
Co. in the amount of $4,500.00. Mr. Heffernan moved for approval of the contract. Mr. Sastre
seconded the motion. Mr. Boyle asked for clarification on the need for the study. He
specifically asked if the study would result in an increase in the garbage rates. Mr. Couzzo stated
that a study had not previously been undertaken and the purpose of the study is to determine if
current rates are equitable for both commercial and residential class of customer. The vote was
taken and was unanimous in favor.
ITEM #7 ANNOUNCEMENTS
The Village Clerk read the announcements.
ITEM #8 PUBLIC COMMENT
Andrew Agosta Spoke about the necessity of the rate fee study and about Agenda
information.
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Donna Baxter
Spoke about the Greater Miami Shores Chamber of Commerce
Luncheon to be held on Tuesday, May 9, 1995 at the Fish Peddler
Restaurant.
T. F. Chambers Spoke about a Dade County Commission hearing regarding
exempting real estate agents from paying occupational licenses.
ITEM #9 COUNCIL COMMENTS
Mary Ross Agosta Ms. Ross Agosta stated she has enjoyed her first experience as a
Councilwoman.
Cesar Sastre Mr. Sastre thanked Mr. Couzzo for the festive installation meeting.
William Heffernan Congratulated the new Council members on their first night.
Michael Boyle Welcomed the new Council members.
Louis Imburgia Thanked the community for their support.
ITEM #10 ADJOURNMENT
The meeting was adjourned at 9:22 P.M.
, �/a
Barbara Fugazzi, Village Clerk
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Louis S. Imburgia, Jr., M
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
4ST ME -FIRST NAME -MIDDLE NAM
1-ME.oR.G( moors sF
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMTITEE
^ AIL NG ADDRESS
4�4� lU• c. 9 13 5 -EE -r
CITY - - COUNTY
A1-14 -MDE
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR OOMMII EE ON
WHICH I SERVE IS AUNIT OF:
Gr‘CTIT 0 COUNTY 0 OTHER LOCAL AGENCY
)ATE ON WHICH VOTE OCCURRED
NAME OF POLITICALSUBDIVISION:
MY POSITION IS:
ELECflVE
0 APPOINTIVE
WHO MUST FILE FORM 8B
form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
4uncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
tath a voting conflict of interest under Section 112.3143, Florida Statutes.
Cour responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
"pending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
his form before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPUANCE WITH SECTION 112.3143, FLORIDA STATUTES
,a, r., n holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
whit inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a
meas re which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including
he parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative;
or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec163.356 or
',63.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in
haat capacity.
?or purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-
in-law, son -hi -law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo-
ration are not listed on any national or regional stock exchange).
•
LRCTED OFFICERS:
n addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
* * * * * * ,* * * * * * * * * *
ILPPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you ust disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
hie r made by you or at your direction.
IF Y INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
vOTZ WILL BE TAKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
A coot' of the form must be provided immediately to the other members of the agency.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, LOUt S S . Zv b005 e a, 9 , hereby disclose that on 5 /gi,
(a) A measure came or will come before my agency which (check one)
inured to my special private gain;
AIAL inured to the special gain of my business associate,
inured to the special gain of my relative,
inured to the special gain of by
whom I am retained; or
inured to the special gain of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
As President of Imburgia Construction, there are times that Premier Markin,
and Signing Corporation does subcontract work for the firm.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED.
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFIG�E OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B - REV. 1/94
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