Loading...
07-18-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JULY 18, 1995 The regular meeting of the Miami Shores Village Council was held on July 18, 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: Ms. Phyllis Gray, a representative from the Miami Shores Pilot Club, presented Mayor Imburgia with copies of the N.O.D./Harris Survey of Americans with Disabilities, as well as "Thumbs Up", a publication written by Mollie Dickenson regarding James Brady. Both publications will be given to the Brockway Memorial Library for inclusion in their inventory. Alice Burch, a representative of the Brockway Memorial Library Board of Trustees, presented the 47th Annual Report on the Library operations. Mayor Imburgia presented a proclamation regarding National Night Out, to Nel Kroboth, Mobile Patrol/Crime Watch Coordinator. Police Chief Zoovas gave a presentation on the status of various programs and a listing of accomplishments within the Miami Shores Police Department. CONSIDERATIONS: 1. CONSENT AGENDA A. MINUTES Mr. Boyle moved approval of the Consent Agenda. Mr. Sastre seconded the motion and the vote was unanimous in favor. 2. VILLAGE CLERK Barbara Fugazzi A. APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES The Village Clerk indicated that due to there being only one candidate for the vacancy, voting by paper ballot would not be necessary. Mr. Boyle moved to appoint Ms. Louise Lee to the Library Board of Trustees. Ms. Ross Agosta seconded the motion and the vote was unanimous in favor. Ms. Lee was present at the meeting and spoke on her own behalf. 3. VILLAGE MANAGER Michael R. Coum7o, Jr. A. DISCUSSION REGARDING WASTE FEE STUDY RESULTS. Mr. Couz7o briefly explained the item. He indicated that subsequent to the Council's previous approval for the study, Mr. Robert Ori of Madsen, Sapp, Mena, Rodriguez & Co., was present to detail the results of the study. Mr. Ori explained the procedures used to conduct the study, indicating that Mr. Tom Benton and Ms. Patricia Varney were of immense help, supplying much of the data. Mr. Ori stated that 38.9% of the garbage fee is dedicated to paying for the labor to collect the garbage. He stated that this is a normal percentage. Mr. Ori outlined the current rate structure and schedules for residential and commercial pick-up. Currently, the standard cost for residential collection is $420, while the minimum rate for commercial collection is $341.85. These fees relate to twice weekly pick-up of two (2), thirty gallon containers. Mr. Ori indicated that the fee difference between residential and commercial collection can be attributed to the increased level of service, i.e. alley versus curb side pick-up, yard waste collection (commercial accounts do not have this benefit), and higher billing costs. Mr. Ori stated that based on the overall results of the study, in his opinion, he would not suggest changing the current rate structure. He stated that his only concern is the 7% uncollectible rate. Mr. Heffernan inquired what a normal uncollectible percentage is. Mr. Ori responded that 1 - 1 1/2 % is normal. Mr. Heffernan asked why the Village's uncollectible rate is so high. Mr. Ori and Ms. Varney indicated that because the Village does not bill for water (Dade County), there is no utility shut- off incentive. It is not feasible to stop garbage collection for non-payment. Ms. Varney stated that when fees are not paid, a lien against the property is filed with Dade County. The Miami Shores Village lien for garbage fees takes precedence over the first mortgage. Discussion regarding how the uncollected fees are handled by the Finance Department ensued. Additionally, alternatives for fee collection and follow-up were discussed. Mr. Benton addressed the issue of accounts which are not complying with the existing Village Ordinance (561-93), which states that other than accounts which, due to size and bulk (Publix/Dog Track), cannot be accommodated, all garbage will be collected by Miami Shores Village. Mr. Heffernan moved to enforce Section 9.2, Paragraph A of the Village Ordinance, pursuant to Mr. Benton's memo #1077. Mr. Boyle seconded the motion. Mr. Benton and Ms. Varney explained the increased revenue which would result from enforcing the Ordinance. The transitioning of these accounts were discussed, in regards to the timing, procedures and legal aspects. Ms. Varney outlined the revenue options as they relate to fees/capital funds. Mr. Couzzo stated that due to the difficulty Page 2 in predicting the length of the transition period and "real" increased revenue, it would be his suggestion to enforce the existing Ordinance and use the increase to fund FY97 capital projects. It was the consensus of the Council to accept Mr. Couzzo's suggestion regarding funding FY97 capital projects. The vote was taken and was unanimous in favor. B. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVING THE CONTRACT WITH TCI CABLE. Mr. Couzzo explained the lengthy negotiations which have taken place with TCI of South Florida. Mr. Couzzo introduced Attorney Ila Feld of Liebowitz and Associates, the law firm that represented the Village in the contract negotiations. Ms. Feld outlined the numerous highlights of the new franchise agreement, i.e. ten year, non-exclusive contract; state-of-the-art system with substantial fines ($1,000 day for delays past a predetermined date), increased levels of customer service, Public Education Government (PEG) grant in the amount of $50,000, etc. Mr. Heffernan asked for clarification regarding the non-exclusive clause. Ms. Feld indicated that with the new laws in effect, any cable company can compete for the cable business, as long as there is a "level playing field". Ms. Feld introduced Mr. Anthony Genova, new general manager for TCI of South Florida. Mr. Genova outlined TCI's aggressive policy regarding customer service and new, fiber optic lines which will increase the reliability of cable service, allow for greater clarity, and channel capability. Ms. Ross Agosta asked for assurances from Mr. Genova for increased levels of customer service and response. Mr. Genova assured the Council that TCI is committed to providing the best possible service to Miami Shores' residents. Mr. Boyle moved approval of the TCI contract as presented. Mr. Sastre seconded the motion and the vote was unanimous in favor. Mayor Imburgia called for a recess at 9:20 P.M. Council Meeting resumed at 9:35 P.M. C. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONTRACT TO PURCHASE THE 9990 N.E. SECOND AVENUE BUILDING. Mr. Couzzo stated that as directed by Council, he has entered into a contract to purchase the 9990 N.E. Second Avenue Building. Discussion regarding present alternatives available to the Village, i.e. building audit versus contracting for construction documents, etc. ensued. Mr. Couzzo indicated that Ms. Peacock was present representing the architectural firm of Peacock, Courtney, who had previously submitted a proposal for conducting the building audit. Mr. Couzzo emphasized the point that by-passing the building audit would n_o_t preclude the Village from conducting the major (roof inspection, mechanical, engineering) studies, but would incorporate those studies into the construction document phase. Mr. Couzzo asked Ms. Varney to outline current funds available in the forfeiture account. After a brief discussion regarding past Council comments on the building purchase, it was the consensus of the Council to direct him to negotiate a contract with the architects (Peacock, Courtney) for design and bidding of the 9990 N.E. Second Avenue building. This contract and the appropriate forfeiture monies to fund the project would come before the Council for approval at a later date. Page 3 D. DISCUSSION AND POSSIBLE ACTION REGARDING THE SELECTION OF DATES FOR THE RECESS OF COUNCIL. Mr. Couzzo explained that subsequent to a Resolution passed last year, he was bringing two possible dates for recess before the Council for their discussion. Proposed meeting dates to recess are September 19, 1995 and December 19, 1995. Mr. Sastre moved to recess the Council on the two suggested dates. Ms. Ross Agosta seconded the motion and the vote was unanimous in favor. Mayor Imburgia inquired about the August 1, 1995 meeting as it coincides with National Night Out. Discussion regarding alternatives to the August 1 meeting ensued. It was the consensus of the Council to begin the August 1, 1995 Council Meeting at 6:00 P.M. so that the Council can take part in the National Night Out activities. 4. VILLAGE CLERK Barbara A. Fugazzi A. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES, FLORIDA, REPEALING ORDINANCE NOS. 407-78 AND 512-88, BY PROVIDING THE PROCEDURES AND REQUIREMENTS RELATING TO CABLE TELEVISION FRANCHISES TO REFLECT CHANGES IN APPLICABLE LAW AND TO BETTER ENSURE THAT USE OF VILLAGE STREETS BY CABLE SYSTEMS SERVES THE PUBLIC INTEREST; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE. First Reading The Clerk read the caption of the Ordinance. Mr. Boyle moved approval of the Ordinance on the first reading. Ms. Ross Agosta seconded the motion and the vote was unanimous in favor. 5. MAYOR IMBURGIA A. DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE TIME OF FUTURE COUNCIL MEETINGS. Mayor Imburgia withdrew the item. 6. ANNOUNCEMENTS The Clerk read the announcements, noting that the Ribbon -Cutting ceremonies for the Fire Station will not take place on August 5, 1995. Additionally, the Council Meeting of August 1, 1995 will begin at 6:00 P.M. Page 4 7. PUBLIC COMMENTS Andrew Agosta Spoke about the police department and alarm codes. Ed Harrigan Spoke about police building options. Michael Maguire Spoke about police building studies and police statistics. 8. COUNCIL COMMENTS Mary Ross Agosta Spoke about FPL and the long term beautification plan. Cesar Sastre No Comment. Bill Heffernan No Comment. Michael Boyle Spoke about the police building and the budget workshops. Mayor Imburgia Spoke about the budget workshops. 9. ADJOURNMENT The meeting was adjourned at 10:45 P.M. Barbara A. Fugazzi, Village Clerk Page 5 ikua Louis S. Imburgi Jr., Mayor