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02-06-1996 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 6, 1996 The regularly scheduled Village Council Meeting was held on Tuesday, February 6, 1996 commencing at 7:30 P.M. at the Village Hall with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Conz7o, Jr. Barbara Fugazzi Mark Ulmer PRESENTATIONS: Mayor Imburgia presented the Certificate of Achievement for Excellence in Financial Reporting award to Patricia Varney, Finance Director. Councilwoman Ross Agosta presented Ambassador Certificates to Carol Haderer and Paul Madsen for their support of the Village. CONSIDERATIONS: ITEM #1 CONSENT AGENDA A. MINUTES Mr. Sastre moved to approve the Consent Agenda. Mrs. Ross Agosta seconded the motion. Mr. Heffernan asked to have the 1/16/96 Council Meeting Minutes amended as follows: Page 2 - last paragraph should read: It was suggested that a workshop meeting of the Council and Planning & Zoning Board be held in order to more definitively identify areas of the Code to be reviewed for amendment and to narrow the cost estimates. The vote was taken and was unanimous in favor to approve the Consent Agenda as amended. ITEM #2 POLICE DEPARTMENT Chief Zoovas A. REQUEST FOR APPROVAL OF APPROPRIATION OF FORFEITURE FUNDS IN THE AMOUNT OF $1,933.20 TO SPONSOR 35 CHILDREN TO ATTEND "HOOP IT UP NIGHT IN THE SHORES". Mrs. Ross Agosta asked which schools were involved and how the children will be selected. Chief Zoovas responded that Horace Mann, Miami Shores Elementary and St. Rose of Lima would be represented, with the DARE Officer choosing the students. Mrs. Ross Agosta inquired as to an insurance waiver for the children attending the game with the police department. Mr. Couzzo stated that it would be the responsibility of the Village's Risk Manager (Human Resources Director) to follow up on insurance matters. Mr. Heffernan moved approval of the expenditure. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #3 FINANCE DEPARTMENT Patricia Varney Item numbers 3A and 3B were deferred to later in the meeting. C. REQUEST TO AUTHORIZE TRANSFER OF $28,220.00 FROM THE POLICE DEPARTMENT BUDGET TO THE PLANNING & ZONING BUDGET TO FUND THE ASSISTANT BUILDING & ZONING DIRECTOR POSITION. Mr. Couz7o explained the request and back-up information. Mrs. Ross Agosta asked if the transfer of funds would create a problem for the Police Department. Mr. Couz7o stated that the transfer would not adversely effect the Police operations. Mayor Imburgia asked for clarification on the amount of transfer, specifically would the $28,220 carry the position through the remainder of this fiscal year. Mr. Comm stated that $28,220 would fund the position through September 30, 1996. Mr. Heffernan moved to authorize the transfer of $28,220 from the Police Department to the Planning & Zoning Department to fund the position of Assistant Building & Zoning Director. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #4 COUNCIL MEMBER Michael Boyle A. DISCUSSION AND POSSIBLE ACTION REGARDING THE PURCHASE OF THE 9990 N.E. SECOND AVENUE BUILDING. Mrs. Ross Agosta stated she had a conflict on Agenda Item Number 4A and would not be taking part in either the discussion or any voting. Mr. Boyle summarized the events culminating in this evening's decision whether to purchase the building. Mr. Boyle offered commentary on the process and the procedures to reach this point, concluding that caution is good as long as it does not become paralyzing. Mr. Boyle moved to approve the purchase of the 9990 N.E. Second Avenue Building. Mr. Heffernan seconded the motion and the vote was unanimous in favor, with Mrs. Ross Agosta abstaining. Page 2 B. DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST TO AWARD BID FOR RENOVATION OF THE 9990 N.E. SECOND AVENUE BUILDING FOR USE AS POLICE FACILITIES TO PENTAGON CONSTRUCTION IN THE AMOUNT OF $835,000.00 (INCLUDING BASE BID PLUS ADD ALTERNATE #1). Mrs. Ross Agosta stated that she would be participating in the remainder of the meeting. Mr. Boyle moved to award the bid to Pentagon Construction in the amount of $835,000.00. Mr. Sastre seconded the motion. Mr. Ray Viquez, President of Pentagon Construction, was present. Mr. Boyle asked Mr. Viquez to explain John Mese's relationship to the firm. Mr. Viquez stated that John Mese is no longer a director of Pentagon Construction, however he is still a minor investor. Mr. Boyle asked Mr. Ulmer if there was any legal impediment to awarding the bid to Pentagon Construction because of the circumstances. After detailing the competitive bidding process, Mr. Ulmer stated there was no reason not to award the bid to Pentagon Construction. Discussion regarding confirming documentation as to whether Mr. Mese is still a director of the firm ensued. Mr. Barry Blaxberg, Corporate Counsel for Pentagon Construction, stated that as a CPA, it had been John Mese's "job to set up companies". Mr. Blaxberg offered to show the Council termination papers filed by the other directors of Pentagon Construction. Mr. Blaxberg stated that Mr. Mese never had any day to day involvement with the company. The vote was taken and was unanimous in favor of awarding the bid to Pentagon Construction. C. DISCUSSION AND POSSIBLE ACTION REGARDING FUNDING OF AGENDA ITEMS 4A AND 4B. Mr. Boyle outlined the fmancial aspects of Option 1 and Option 2 provided as back-up information in the Council packet, as well as being provided to the audience as a handout. Mr. Boyle stated that Option 1 provides for a variable interest rate with no prepayment penalty. Option 2 provides a fixed interest rate with a prepayment penalty. Mr. Boyle showed examples of what these two options would cost the taxpayer if their home had an assessed value of $100,000 and/or $150,000 with a $25,000 Homestead exemption. The examples listed the exposure in yearly, monthly, weekly and daily costs. These costs ranged from $.05 to $.11 per day per household, using the $100,000 and $150,000 figures. Patricia Varney reviewed her recommendations with the Council. Discussion regarding pros and cons between Options 1 and 2, budgeting considerations, legal fees, issuance costs and collateral information ensued. Mr. Heffernan stated that although Mrs. Varney was recommending Option 1 with a 15 year payback period, he would rather have a 10 year repayment. A motion was made by Mr. Boyle and seconded by Mr. Heffernan but subsequently withdrawn and restated by Mr. Boyle, who then moved approval to finance the project utilizing Option 1 for a figure not to exceed $830,000, to include legal fees, and with a 10 year payment schedule. Mr. Heffernan seconded the motion and the vote was unanimous in favor. Mayor Imburgia called for a brief recess at 8:55 P.M. Page 3 Mayor Imburgia reconvened the meeting at 9:10 P.M. ITEM #3 FINANCE DEPARTMENT Patricia Varney A. PRESENTATION OF THE FISCAL YEAR 1995 COMPREHENSIVE FINANCIAL REPORT. Mr. Jerry Chiocca, Senior Partner of Rachlin, Cohen & Holtz was present. Mr. Chiocca presented highlights from the 1995 Comprehensive Financial Report, stating that the Village is fiscally sound. Mr. Heffernan asked about the administrative costs related to the Pension Fund. Mr. Chiocca stated that as the balance in the Pension Fund increases, administrative costs increase accordingly. Mr. Couzzo suggested that this item be brought before the Pension Board. B. REQUEST TO WAIVE BID PROCEDURE AND AUTHORIZE THE VILLAGE MANAGER TO EXECUTE ENGAGEMENT AGREEMENT WITH RACHLIN, COHEN & HOLTZ FOR AUDITING SERVICES. Mrs. Varney outlined the proposal before the Council. Mr. Heffernan asked if the present Council can obligate a future Council. Mr. Ulmer stated that there would be no problem authorizing the execution of the engagement agreement. Mr. Couzzo stated that through vigorous negotiations, the proposal was equitable. He further stated that the agreement would be for two years and then the Village would have three, one year renewable options. Mr. Heffernan expressed his concern with such a long contract. Mr. Chiocca stated that language could be incorporated into the engagement agreement stipulating "subject to the appropriation of funds". Mr. Heffernan stated he would feel more comfortable if the language was included. Mr. Heffernan moved to approve a contract extension for auditing services, with the fees as proposed in Patricia Varney's memorandum to Michael Conzzo dated January 24, 1996. Mrs. Ross Agosta seconded the motion and the vote was unanimous. ITEM #5 VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE AMENDING SECTION 18-40 (7) OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; ELIMINATING THE OBLIGATION OF THE VILLAGE TO PAY ACTUARIAL AND OTHER EXPENSES OF THE MIAMI SHORES PENSION PLAN; PROVIDING FOR EFFECTIVE DATE AND RETROACTIVE APPLICATION. Second and Final Reading The Clerk read the caption of the Ordinance. Mr. Boyle moved to adopt the Ordinance as written. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #6 ANNOUNCEMENTS The Clerk read the announcements. Page 4 ITEM #7 PUBLIC COMMENT Anna Souto Mrs. Souto spoke about a community residential home in her neighborhood. Councilmembers responded to Mrs. Souto with Mr. Boyle indicating that the Dade League of Cities was to become involved. Mr. Heffernan directed the Village Manager to thoroughly research the situation and report back to the Council. Mr. Couzzo stated that he would invite a representative from HRS to the next regularly scheduled Council Meeting to address the Council. C.F. Chambers Mr. Chambers also spoke of the HRS homes. ITEM #8 COUNCIL COMMENT Mary Ross Agosta Mrs. Ross Agosta spoke about Unity Day and thanked the Mayor's Task Force and Charles Head for the great day. Cesar Sastre Mr. Sastre reminded everyone about the Mayor's Ball and stated he thought Unity Day was a great success. Bill Heffernan Mr. Heffernan also spoke of Unity Day. Michael Boyle Mr. Boyle spoke about the new police building project and of Unity Day. Mayor Imburgia Mayor Imburgia spoke of Unity Day. ITEM #9 ADJOURNMENT The February 6, 1996 Council Meeting was adjourned at 9:50 P. ie6i 6 Barbara A. Fugazzi, Village Louis S. Imburgia, Jr., Mayor Page 5 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME— NAME—MIDDL& NAME OF BOARD, COUNCIL, COMMassiOI�AUTSORITY, OR COMMITTEE oss Sta f Ia' r r in IQ Miami IL 1104 C unc,.I �i0AD THE BOARD, COUNCIL, COMMISSION, AtTrHORITY OR COMMITTEE ON o rn C a u r s e WHICH I SERVE DI AUNrT OF: DD brand. - COUNTY tam; Shores , 1=L 3.3).3s- Dgde n&TE ON WHICH VOTE OCCURRED Karr U COUNTY O OTHER LOCAL AGENCY NA?4E OFAPGOI ITI DIVISION: MY POSniTiQNL9. [ry u L , I 3� ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B !chis form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, 4euncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented .-pith 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 &vending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on Oda form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES I. person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure 4hich inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a ncasure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including hao parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; r to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 3.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in hat capacity. Coe 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). ELECTED 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 he 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, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE 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 copy 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 16 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 L -A-47 , hereby disclose that on .i ,19 : A (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 ai c P.L e �/I , , 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: i k12, et -e -e- ALL --/x4..4 Date Filed /elkeJ Signature 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 OFFIGiE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B - REV. 1/94 . PAGE 2