06-20-1995 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
JUNE 20, 1995
The regular meeting of the Miami Shores Village Council was held on June 20, 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.
Barbara Fugazzi
ABSENT: William Fann
PRESENTATIONS:
Due to inclement weather, Ms. Gray was unable to attend the meeting for the presentation. This
item will be rescheduled.
CONSIDERATIONS:
1. CONSENT AGENDA
A. MINUTES
Mr. Heffernan moved to approve the Consent Agenda. Mr. Boyle seconded the motion and the
vote was unanimous in favor.
Mr. Boyle moved to add an emergency item to the Agenda, to be numbered and heard as Item
#3C. Ms. Ross Agosta seconded the motion. Mr. Boyle explained the emergency item,
indicating that Mr. Charles Smith has submitted an engineering report in relation to his request
for a variance to re -roof with cedar shakes. The vote was taken and was unanimous in favor to
add the item to the Agenda, as Item 3C.
2. PUBLIC WORKS Tom Benton
A. AWARD OF BID FOR PUBLIC WORKS COMPLEX
ADDITIONS/IMPROVEMENTS TO JSK INTERNATIONAL, INC. IN THE
AMOUNT OF $61,560.00
Mr. Benton explained the item, stressing the need for renovations. He stated that the plans call
for an additional 755 square feet of office space to be built. Mr. Benton indicated that a portion
of the renovation had been budgeted in the FY95 Capital Budget, with funds also being
appropriated from delaying the purchase of a FY95 Capital budgeted truck. Mr. Benton
indicated that he was also requesting the transfer of $5,000 from the Contingency Fund to cover
expenses such as installation of carpeting and cabinetry. Mayor Imburgia indicated that because
his firm had submitted a sealed bid on the project, he would abstain from voting. Ms. Ross
Agosta inquired as to whether this type of transfer of monies was normal. Mr. Couzzo stated that
the type of transfer being requested was appropriate. Mr. Couzzo further stated that the need for
the public works renovation outweighs the present need for the truck. Mr. Heffernan asked for
clarification on the wide discrepancy between originally budgeted amount and the low bidder.
Mr. Benton explained the changes in original concept, including the addition of ADA
requirements. Mr. Heffernan further asked if increased building costs also played a role in the
discrepancy. Mr. Benton indicated that the building costs were a lot higher than he had
originally anticipated. Mr. Benton further explained that he and the architect had met with the
low bidder, JSK International, and are satisfied with the quoted price. Mr. Heffernan moved to
award the bid to JSK International and to approve the $5,000 transfer from the contingency fund.
Mr. Sastre seconded the motion and the vote was unanimous in favor, with Mayor Imburgia
abstaining.
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. Second and Final Reading
The Clerk read the caption of the Ordinance. Mr. Boyle expressed his concern with the present
requirement of obtaining a permit for all work valued over $100.00. He stated that although he does not
have a specific dollar amount in mind, it is his belief that the $100.00 threshold may be too low due to
the cost of building materials, contractors, etc. Mr. Heffernan inquired as to time constraints on this
Ordinance. Mr. Couzzo explained that this is the second and final reading, therefore, the Ordinance has
been advertised. Additionally, Mr. Couzzo clarified that the $100.00 limit is located in a different
section of the existing Ordinance and outlined the different avenues the Council could take at this point
in time. Ms. Ross Agosta expressed her concern that if the $100.00 threshold is not raised, some
individuals may not obtain a building permit. She asked that the topic of raising the $100.00 threshold
be discussed at the next scheduled Council meeting. Mr. Couzzo stated that he would ensure its
placement on the next agenda. Mr. Boyle moved approval of the Ordinance. Mr. Sastre seconded the
motion and the vote was unanimous in favor.
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B. A RESOLUTION REPEALING RESOLUTION NO. 746-82 CONCERNING
PURCHASING POLICY OF MIAMI SHORES VILLAGE, AND
ESTABLISHING NEW PURCHASING POLICY.
The Clerk read the caption of the Resolution. Mr. Boyle moved to adopt the Resolution. Ms.
Ross Agosta seconded the motion. Mr. Heffernan clarified the reasons for the Resolution,
indicating that the previous Resolution, adopted in 1982, gave the Village Manager authorization
to purchase up to $3,000 worth of goods or services without Council approval. The new
Resolution raises the dollar amount to $7,500. Mr. Couzzo explained that the new figure of
$7,500 was derived from staff input and by using an average of the Consumer Price Index for the
past 13 years. The vote was taken and was unanimous in favor.
C. DISCUSSION AND POSSIBLE ACTION REGARDING GRANTING A
VARIANCE TO RE -ROOF WITH HAND SPLIT CEDAR SHAKES FOR 21
N.W. 101 STREET, PROPERTY OF CHARLES SMITH.
Mr. Boyle stated that as per the directive of the Village Council and Village Attorney, Mr. Smith
has submitted an engineering report indicating that the roof of said property will not hold
masonry tile as required by the Village Code of Ordinances. Mr. Boyle moved approval of the
variance to re -roof with cedar shakes. Mr. Heffernan seconded the motion. Mr. Heffernan asked
Mr. LuBien to verify that the engineering report complies with the requirements. Mr. LuBien
indicated that the report is adequate. Mr. Heffernan clarified that the Planning & Zoning Board
had previously approved the variance. Additionally, the report is in the appropriate form, and
corrects the "technical deficiency" as stated by Mr. Fann. The vote was taken and was
unanimous in favor.
4. ANNOUNCEMENTS
The Village Clerk read the announcements.
5. PUBLIC COMMENT
Loretta Olson Ms. Olson spoke about her desire to see the Council Meetings start at an
earlier time. She also stated that she enjoys living in Miami Shores
Village and talked about the recreation field trips.
Donna Baxter Ms. Baxter stated that during the Independence Day Celebration, there
would be a D.J. at the pool.
Michael Maguire Mr. Maguire spoke about the public comment portion of the meetings.
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6. COUNCIL COMMENT
6. COUNCIL COMMENT
Mary Ross Agosta Ms. Ross Agosta urged residents to obey the speed limits now that schools
are out of session for the summer.
Cesar Sastre Mr. Sastre recognized three Miami Shores Village students on becoming
Valedictorians:
Patrick Leonard
Helen Park
Matthew McKillop
Miami High
Miami Central
Miami Country Day
Bill Heffernan Mr. Heffernan said a belated farewell to J.D. Varney, Recreation Director,
thanking him for his many years of dedicated service to the Village.
Michael Boyle Mr. Boyle spoke of the 4th of July fireworks and requested that Mr.
CO1lz70 see about increase police coverage to discourage private
fireworks.
Mayor Imburgia
Mayor Imburgia spoke about his attendance at the National Conference of
Mayor's. He also spoke about the construction taking place on 6th
Avenue.
7. ADJOURNMENT
The June 20, 1995 Council Meeting was adjourned at 8:22 P.M.
aka
Barbara Fugazzi, Vill
g
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Louis S. Im.urgi. Jr., Mayor
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
')LINTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAS 4E -FIRST NAME -MIDDLE NAME
A`iu(2,6M , Li)IS S
k I (i ADDRESS
4 5 13 E. gist -
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Uill e. Cci tciL
.f Y
Mt usivik Sores
)ATE ON WHICH VOTE
- - COUNTY
THE BOARD, COUNCII., COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE ISAUNIT OF:
) crw
0 COUNTY 0 OTHER LOCAL AGENCY
NAME OF SUBDIVISION:
SUBBDIVIISIO
MY POST N IS:
CAl c mYes
ELECIIVE
0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
euncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
17ith a voting conflict of interest under Section 112.3143, Florida Statutes.
Your 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
lis form before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A 1 n holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
v�b sures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a
Ita , a which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including
the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative;
to to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
Ia.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in
..flat capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother -
;in -law, son-in-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).
* * * * * * * * * * * * * * * *
LECTED OFFICERS:
In 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.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
n: must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
why made by you or at your direction.
IF INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOrix., 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 coy of the fora: must be provided immediately to the other members of the agency.
1
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 ti
other members of the agency, and the form must be read publicly at the next meeting after the form is Med.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, LOWS S . I-U.b xc iC 5 r , hereby disclose that on 6 /a O ,19 q S :
(a) A measure came or will come before my agency which (check one)
- inured to my special private gain;
_ 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:
1-hnbvrc�� c� Ganskuct-ican hod sob+ry kd a secideci bid Cof
ccx)sk-roc c work_ k. ko be_ per Correct . Cconct1 ux s c u ofdJ(\o9
bi dL -I.o loco bidder.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRE!
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $6,000.
CE FORM 8B - REV. 1/94
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