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06-06-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JUNE 6, 1995 The regular meeting of the Miami Shores Village Council was held on June 6, 1995 at the Village Hall, commencing at 7:35 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Couzzo, Jr. William Fann Barbara Fugazzi PRESENTATIONS: Mayor Imburgia presented a Proclamation to the Code Enforcement department in honor of Code Enforcement Officers' Appreciation Week. Mr. Scott Galvin, Congressional Aid to Congresswoman Carrie Meeks outlined services provided by the Miami office of the Congresswoman. Ms. Meeks represents the Congressional District #17, which includes portions of Miami Shores Village. The telephone number of the Miami office is 381-9541. CONSIDERATIONS: 1. CONSENT AGENDA Mr. Boyle requested that item 1B be removed from the Consent Agenda for discussion purposes, in order to allow the public to have information as contained in the Agenda packets. A. MINUTES Mr. Sastre corrected a spelling error in a proper name contained in the 5/16/95 Council Meeting Minutes. Mr. Heffernan moved to approve the Consent Agenda as amended. Mr. Sastre seconded the motion and the vote was unanimous in favor. B. REQUEST TO DONATE SURPLUS POLICE VEHICLE TO THE HAITIAN GOVERNMENT. Mr. Coum7o explained that if the request is approved, Miami Shores Village would join with neighboring municipalities in contributing surplus vehicles to the Haitian Government. He further explained that per the Village Ordinances, Council approval is required for the distribution of surplus equipment. Mr. Boyle moved approval of the request. Mr. Heffernan seconded the motion and the vote was unanimous in favor. ITEM #2 BUILDING & ZONING Frank LuBien A. REQUEST FOR APPROVAL OF A VARIANCE TO RE -ROOF WITH HAND - SPLIT CEDAR SHAKES. Charles Smith Mr. LuBien explained the Agenda item, indicating that Mr. Smith had received a Certificate of Appropriateness from the Historic Preservation Board and approval of the variance from the Planning & Zoning Board. Mr. Fann stated that in his opinion, the application for variance is technically defective, as there is no engineering report accompanying the request. Mr. Fann further stated that although he pointed out this deficiency to the Planning & Zoning Board, the variance had been approved by the Board. Mr. Fann compared this request to that of the Community Church, stating the Planning & Zoning Board had required an engineering report on that property. Mr. Heffernan inquired if the Church had been historically designated. Mr. Fann responded affirmatively. Mr. Smith was present as the applicant and spoke on his own behalf. Mr. Smith outlined the differences between the Church's application and his own application, citing documentation as to the original roofing material as the primary difference. Mr. Heffernan stated that the Council has heard both sides and the distinction is known. Mr. Heffernan asked if the Planning & Zoning Board requires engineering reports on all roof variances. Mr. Fann stated he has only been attending the meetings for approximately 8 months. Mr. LuBien replied that it is his experience that engineering reports have been required for all roofing variances. Mr. Boyle expressed his opinion that Mr. Smith is looking to restore the roof to it's original condition, and in his mind, the word variance is misleading. Discussion regarding historically designated properties and their relationship to hardship criteria ensued. Mr. Smith read Section 702 of the Code of Ordinances. Mr. Warren Bittner spoke as the Chairman of the Historic Preservation Board. Mr. Heffernan moved to deny the request for variance. Mr. Boyle seconded the motion. Mr. Fann stated his concerns regarding procedural consistency. Mr. Fann suggested that the applicant be required to obtain an engineering report and re -petition the Planning & Zoning Board. It was the consensus of the Council to follow Mr. Fann's suggestion. The vote was taken and was unanimous in favor to deny the variance request at this time. Page 2 B. REQUEST FOR APPROVAL OF SITE PLAN. Tropical Chevrolet Mr. LuBien explained the Agenda item. Mr. Fred Popper, architect for the project and Mr. Larry Wildstein of Tropical Chevrolet were present. Mr. Popper exhibited a rendering of the new building. He indicated that the footprint of the building would encompass 17% of the property, landscaping would comprise 19.5% and there would be 125 parking spaces. Ms. Ross Agosta asked how the dealership would function while the building was being completed. Mr. Popper explained that the new building would be built and then the former building demolished. Mr. Boyle asked about a completion date. Mr. Popper indicated approximately 6-7 months following permitting. Mr. Heffernan moved approval of the site plan as submitted. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #3 VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE AMENDING PARAGRAPHS (b) (c) (d) (e) (f) (g) (h) OF SECTION 6-7 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; INCREASING PERMIT FEES, PROVIDING EFFECTIVE DATE. First Reading The Clerk read the caption of the Ordinance. Mr. Heffernan questioned the last time the permit fees were looked at. Mr. Couzzo indicated that the fees were researched last year but the issue was deferred. Mr. Heffernan then asked when the permit fees were last changed. Mr. LuBien stated it was 1988 or 1989. Mr. Heffernan moved to approve the first reading of the subject Ordinance. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #4 DISCUSSION AND POSSIBLE ACTION REGARDING THE VILLAGE CLERK POSITION AND COMPENSATION. Michael Boyle Mr. Boyle outlined the background of the Agenda item. He stated that he would like to address Item #4 in two parts: One being the formal appointment; and two, compensation. Mr. Boyle moved to appoint Ms. Barbara Fugazzi to the position of Village Clerk. Mr. Sastre seconded the motion. Mr. Heffernan asked for clarification, ensuring there was not a problem with "dual office" conflict. Mr. Couzzo stated there was no such issue, as Ms. Fugazzi's position as his Executive Assistant is not considered an "office". The vote was taken and was unanimous in favor. Page 3 Mr. Boyle then addressed Ms. Fugazzi's compensation, referring to Ms. Fugazzi's memo and recent news articles regarding Clerks from neighboring municipalities. Mr. Boyle stated that he believed Ms. Fugazzi's request to be fair, but perhaps too low, in light of comparable Clerk's salaries. Therefore, it was Mr. Boyle's suggestion that Ms. Fugazzi's salary be addressed during the upcoming Budget Workshops, for possible increase at the start of the new Fiscal Year. Mr. Boyle moved to adjust Ms. Fugazzi's salary to $29,610.50, retroactive to February 7, 1995, and to appropriate these additional funds from the Contingency Account. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Mr. Boyle then stated that it is his intent to have the Village Manager, Michael Couzzo, evaluate Ms. Fugazzi's performance annually, as he supervises Ms. Fugazzi on a day-to-day basis. It was the consensus of the Council to agree with Mr. Boyle's suggestion. ITEM #5 ANNOUNCEMENTS The Clerk read the announcements. ITEM #6 PUBLIC COMMENT Loretta Olson Ms. Olson stated she was proud to be a resident of Miami Shores Village, and spoke about the Fire Station. Ed Harrigan Mr. Harrigan congratulated Ms. Fugazzi and spoke about Mr. Davis. C.F. Chambers Mr. Chambers spoke about the responsiveness of Public Works and the Police Department. Andrew Agosta Mr. Agosta spoke about TCI Cable Company. Bob Blum Mr. Blum spoke of the problem with stray cats. In addition, Mr. Blum expressed his concern regarding the Council's denial of the variance request for Mr. Smith. Mark Ulmer Mr. Ulmer spoke about the Planning & Zoning Board. ITEM #7 COUNCIL COMMENTS Mary Ross Agosta Ms. Ross Agosta thanked the Miami Shores Elementary School. She recently was a judge for their science fair. Ms. Ross Agosta also praised the great work of the mobile patrol. Cesar Sastre Mr. Sastre expressed his support of the decision to donate the surplus vehicle to the Haitian government. Page 4 Michael Boyle Mr. Boyle commended the Code Enforcement Department for their dedication and work on behalf of the Village. Mayor Imburgia Mayor Imburgia spoke of the diplomacy of the Code Enforcement Department. ITEM #8 ADJOURNMENT The June 6, 1995 Council Meeting was adjourned at 9:10 P.M. � Barbara Fugazzi, Vill ge 1 rk Louis Imburgia, Jr., Mayor Page 5