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08-15-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING AUGUST 15, 1995 The regular meeting of the Miami Shores Village Council was held on August 15, 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 Plaque of Appreciation to Mrs. Loretta Olson for her dedication and service to Miami Shores Village. CONSIDERATIONS: 1. CONSENT AGENDA A. MINUTES Mr. Sastre moved approval of the Consent Agenda. Mr. Heffernan seconded the motion and the vote was unanimous in favor. 2. PLANNING & ZONING Frank LuBien A. REQUEST FOR APPROVAL OF A VARIANCE TO PERMIT AN 8' CBS WALL BETWEEN A-2 AND R ZONES. Miami Shores Motel Mr. LuBien explained the item, indicating that there is an 8' CBS wall to the north of the proposed area. Mr. Sastre asked if the proposed wall would be an extension to the existing wall. Mr. LuBien stated that the new wall would be an extension. Mr. Heffernan inquired of Mr. Fann if there would be any problem with granting this variance. Mr. Fann stated that the new wall should be seen as an extension. Mayor Imburgia reviewed the plans and asked why the 8' CBS wall would not extend south to the canal. Mr. LuBien stated that the section of chain link fencing will remain at the canal as it will not be visible. Mr. Sastre moved approval of the variance to permit an 8' CBS wall. Mr. Boyle seconded the motion. Mr. Conz7o stated that the cost for the wall, including the installation, was being born by the Miami Shores Motel. Resident, Donna Baxter, asked about a gate for pedestrian traffic. Mr. Conw7o stated there would be a gate in the wall. Resident, Josie Weiner, stated she was happy that plans were progressing on the wall as she lives two houses from the motel. Resident, Michael Maguire spoke about the barricade and flood surges. The vote was taken and was unanimous in favor. 3. VILLAGE MANAGER Michael R. Couzzo, Jr. A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF THE CONTRACT WITH PEACOCK COURTNEY ARCHITECTS TO COMPLETE CONSTRUCTION DOCUMENTS, BID SPECIFICATIONS AND BIDDING PROCESS REGARDING THE 9990 N.E. 2ND AVENUE BUILDING AND TO APPROPRIATE FORFEITURE FUNDS FOR PAYMENT OF SAME. Mr. Couzzo explained the item, stating there are a number of questions regarding the contract which need to be addressed by the Council. Tamara Peacock and Ron Barr of Peacock Courtney Architects were present. They explained the sliding curve to prepare cost estimates of various consultants. Mr. Couzzo asked Ms. Peacock to explain the implications on not performing a building audit, as originally proposed. Ms. Peacock stated that 1/3 of the man-hours which had been in the building audit phase have been carried over into the proposal. Ms. Peacock further stated that the proposal is for standard type construction, and does not believe there will be major snags experienced. She stated that they have the original plans of the building and they are "as builts". Mayor Imburgia asked about value engineering costs. Ms. Peacock stated that by not adding to the existing building, the renovation will not trigger new site plan approval, which would include extensive review of all aspects of the building. Ms. Peacock stated that there are costs savings which could be realized, i.e. ADA requirements. Mrs. Ross Agosta asked Mr. Conz7o where the funds would come from if contract is approved. Mr. Couzzo stated that the monies would come from the Forfeiture Account. Mr. Conzzo further stated that prior to actually requesting bids for the project, the project would need to be funded. Mrs. Ross Agosta asked what would happen if Council did not approve contract. Mr. Couzzo outlined three alternatives: 1) Move to negotiate contract with second ranked firm; 2) stop project; or 3) purchase building and wait for additional funds to be deposited into the Forfeiture Account. Discussions regarding alternatives for funding the purchase and renovation costs of the building ensued. Mr. Boyle wants to ensure that everyone understands that eventually, the residents will be paying for a portion of the associated costs. Procedures in selecting the architectural firm were discussed at length. Mayor Imburgia called for a recess at 8:35 P.M. Meeting was called to order again at 8:50 P.M. Ms. Peacock restated their position on the project. Mr. Heffernan stated that he wants to ensure that all i's are dotted and is crossed and does not believe there are enough check -points included in the project's phases. Mr. Heffernan moved to table this item until the next meeting to allow for additional time for individual Council members to digest information and to speak with Mr. Page 2 Couzzo for clarification. Mr. Sastre suggested the item be moved to a workshop agenda and then have the item placed on the next Council agenda. Mr. Boyle expressed his concerns regarding delaying the process further. Mr. Boyle stated that he would like a pledge that if tabled, definitive action be taken at the next meeting. Mrs. Ross Agosta seconded Mr. Heffernan's motion and the vote was unanimous in favor of tabling the item until the next meeting, with a workshop to be scheduled. B. DISCUSSION REGARDING SELECTION OF A NEW VILLAGE ATTORNEY. Mr. Couzzo stated that the Council had received minutes from the Selection Committee meeting, indicating that the Committee had narrowed the original field of 24 attorneys to five (5) with an alternate. Mr. Sastre expressed his thanks to the Committee members and suggested a workshop to interview the candidates. Mr. Heffernan stated that he would like to include the alternate (6th) candidate in the interview process as the individual's family has roots in Miami Shores. It was the consensus of the Council to interview the six (6) attorneys in a workshop. Mr. Couzzo was asked to provide the Council, prior to the workshop, information regarding estimated hours necessary to represent the Village and also fee structures of other municipalities' attorneys. 4. DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI SHORES PRESBYTERIAN CHURCH PARKING LOT. Vice Mayor Sastre Mr. Sastre explained the item and outlined history of the request for remuneration for use of the parking lot from the Church. He stated that the current request is for payment of $2,819.45 to reseal and stripe the parking lot and for a stipend of $500.00 per month. Mr. Boyle stated his concerns regarding the issue, specifically the possible damage to the relationship between the Church and the Village. Doug Bischoff, Chairperson of the Personnel & Policy Committee of the Presbyterian Church was present on behalf of the Church. Mr. Bischoff outlined the reasons for the request, stating the sealing and striping of the lot is currently a safety issue. Additionally, he stated that it is the Church's intention to continue to allow the Village to use the lot. The Session of the Church had voted to request payment of $500 monthly from the Village for its continued use. The Session felt the $500 request appropriate. Mr. Heffernan asked Mr. Fann if he were aware of any formal agreement between the Church and the Village. Mr. Fann stated he was not aware of any formalized agreement. Mr. Heffernan stated that the Church is already receiving a benefit from the Village in that they do not pay taxes to the Village. Mr. Heffernan stated his belief that it is not appropriate for the Village to fund the request. He stated it would be appropriate to pay for 1/2 the cost of sealing and striping the parking lot and to enter into a formal agreement with the Church to use the lot with no monthly charge. Mr. Sastre expressed his appreciation of the Church's fmancial struggles but does not believe the Church should be in the business of collecting rents. Mr. Sastre moved to deny the request for monthly remuneration and to pay 1/2 the cost to seal and stripe the parking lot. Mr. Heffernan seconded the motion. Mrs. Ross Agosta asked for clarification regarding the amount of the requested monthly payment. She stated that the original figure was $5,000 a month and the current request is for $500 a month. Page 3 Mr. Sastre and Mr. Bischoff stated that the $5,000 figure was based on an appraiser's estimate of value. Mr. Boyle discussed information contained in the agenda material, including minutes of a 5/18/95 Session Meeting where a $60,000 surplus was reported by the Church. Mr. Boyle expressed his view that if the Council were to pay the Church a monthly stipend, the funds would be coming from the taxpayers, many of whom are members of the Church. Mr. Bischoff stated that he would suggest a compromise of the Village paying the entire cost to seal and stripe the parking lot and end the discussion of monthly rent payments. Mr. Heffernan asked that Mr. Couzzo look into insurance coverage issue. Mr. Boyle stated that there are other church properties in Miami Shores Village which allow the Village to use their parking lots, i.e. the Archdiocese with the 9990 N.E. 2 Avenue building and also the Miami Shores Christian Church. Mr. Heffernan and Mr. Sastre withdrew their previous motion. Mr. Heffernan asked if it would be permissible for the Village to seal and stripe the lot rather than having the Church contract out for the work. Mr. Bischoff stated that as long as the work was completed, it would not be a problem. Mr. Heffernan moved to have the Village seal and stripe the parking lot at a cost not to exceed $2,800. Mr. Boyle seconded the motion. Mr. Couzzo asked Mr. Bischoff if he had the authority to accept the Village's proposal. Mr. Bischoff stated that the Village should await confirmation from the Church that the Session had accepted the proposal. The vote was taken and was unanimous in favor. Public Comment was invited on the Presbyterian Church issue. Joe Dugoni Ed Harrigan Stated that he feels that the cooperation between the Village and the Church has been outstanding and thanked the Village. Spoke about a similar situation between a Church and the City of Miami. Additionally, Mr. Harrigan spoke about the Adverse Possession issue. 5. VILLAGE CLERK Barbara 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. Second and Final Reading The Clerk read the Caption of the Ordinance. Mr. Boyle moved adoption of the Ordinance. Mr. Sastre seconded the motion and the vote was unanimous in favor. Page 4 B. AN ORDINANCE AMENDING SECTIONS 9-42, OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, ADOPTING ANNUAL CHARGES FOR WASTE COLLECTION; PROVIDING FOR EFFECTIVE DATE. The Clerk read the Caption of the Ordinance and indicated that due to the cancellation of the August 1, 1995 Council Meeting this Ordinance was being proposed on an emergency basis. Mr. Boyle moved adoption of the Ordinance Ms. Ross Agosta seconded the motion and the vote was unanimous in favor. 6. ANNOUNCEMENTS The Clerk read the announcements. Mr. Couzzo asked for a consensus for scheduling the agenda items to be discussed at workshops. It was decided that on September 12, 1995, there will be the second Budget Public Hearing at 6:00 P.M., immediately followed by workshop discussion regarding selection of a new Village Attorney, followed by workshop discussion regarding the contract with Peacock Courtney Architects for the renovation of the 9990 N.E. 2nd Avenue Building. At the conclusion of the workshops a Special Meeting of the Village Council will be held to take action on the outcome of the workshop discussions. 7. PUBLIC COMMENT Loretta Olson Thanked the Council for the recognition and the plaque. 8. COUNCIL COMMENTS Mary Ross Agosta Spoke about the public works employees' great job during Hurricane Erin warning. She expressed her thanks. Cesar Sastre Spoke about the luncheon that was held in order to thank the public work employees. William Heffernan Echoed the comments of Mrs. Ross Agosta. Michael Boyle Stated that he was glad to have resolved the Presbyterian Church issue. Mayor Imburgia Spoke about the Miami Shores Village Hurricane Emergency Plan and how well it worked during the preparation for Hurricane Erin. Page 5 9. ADJOURNMENT The August 15, 1995 Council Meeting was adjourned at 10:05 P.M. )614/LAat Q. Barbara A. Fugazzi, Ville k Page 6