02-20-1996 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
FEBRUARY 20, 1996
The regularly scheduled Village Council Meeting was held on Tuesday, February 20, 1996,
commencing at 7:30 P.M. with the following members present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Michael Boyle
William Heffernan
Mary Ross Agosta
ALSO PRESENT: Michael R. Co1177o, Jr.
Barbara Fugazzi
Mark Ulmer
PRESENTATIONS:
Mayor Imburgia presented a proclamation in honor of the Eighth Annual Knights of Columbus
Run for Life. Mr. Mike McDearmaid was present on behalf of the Knights of Columbus.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
Mrs. Ross Agosta requested that the Minutes from the 2/6/96 Council Meeting be amended as
follows:
Page 2, Item #2A
Addition: Mrs. Ross Agosta inquired as to an insurance waiver for the children
attending the game with the police department. Mr. Couz7o 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 Consent Agenda as amended. Mr. Sastre seconded the
motion and the vote was unanimous in favor.
ITEM #2 MAYOR Louis S. Imburgia, Jr.
A. PRESENTATION BY THE EL PORTAL VILLAGE MAYOR, ANNE E.
WARD TO THE MIAMI SHORES VILLAGE COUNCIL REGARDING 90th
STREET.
Mayor Imburgia introduced Mayor Ward from El Portal Village. Mayor Ward stated that there
had been two typographical errors on the letter sent to the Council. First, her name is Anna, not
Anne, and second, she was present to discuss 91st Street, not 90th Street. Mayor Ward spoke of
desire to work with Miami Shores Village to complete the paving of 91st Street. Mayor
Imburgia clarified the layout and peculiarities of 91st Street. Mr. Heffernan suggested that Mr.
Couz7o and Mayor Ward meet to discuss the options regarding 91st Street and report back to the
Council.
ITEM #3 COUNCILMAN Michael Boyle
A. DISCUSSION REGARDING HRS LICENSED COMMUNITY RESIDENTIAL
HOMES.
Mr. Boyle briefly outlined the events leading to the item being placed on the Council Agenda.
Mr. Boyle read into the record a memorandum from the Village Attorney, Mark Ulmer,
regarding his interpretation of Chapter 419 of the Florida Statutes (copy of memorandum
attached to Minutes). Mr. Boyle requested permission from Mayor Imburgia to follow the
following format for this Item. Mr. Boyle proposed to have HRS representatives speak, followed
by representatives of Sunrise Community, Inc. Public Comment would be heard after the HRS
and Sunrise Community, Inc. made their presentations. Permission was granted by Mayor
Imburgia.
Mr. Boyle introduced Ms. Anita Bock, District Director for HRS. Ms. Bock explained that in
1990, Florida began phasing out large institutions where historically, developmentally disabled
individuals had been housed. The State mandates that each year, a certain number of
institutional bed be closed. Ms. Bock stated that recently, the Montanari School notified HRS
that they would be closing their facility. Montanari housed 239 developmentally disabled
people, and with approximately six weeks notice, HRS needed to find sites to place the clients.
Ms. Bock advised the Council and residents that the clients were placed on an interim basis,
while ongoing assessments were being made. She stated that many of the clients had been
neglected for a number of years and updated physical and mental status exams were necessary in
order to properly evaluate and place the clients. Ms. Bock indicated that this process should take
approximately 2-3 months. Ms. Bock stated that she would not made promises she could not
keep. She stated her commitment to work with the residents of Miami Shores Village in order to
address the concerns.
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Mr. Boyle then introduced Ms. Julia Niarchos, Vice President of Operations, Sunrise
Community, Inc. Ms. Niarchos offered background information regarding Sunrise Community,
Inc. She stated that Sunrise is a not-for-profit organization which has been in existence for
thirty years and currently operates 19 facilities in Dade County. Ms. Niarchos stated that the
clients situated in the Community Residential Homes are individuals who suffer from illnesses
such as Cerebral Palsy, Spinal bifida, or mild mental illness. Many individuals are mentally
retarded. Ms. Niarchos indicated that they will be installing privacy fences on the two properties
and intend to maintain the properties according to the Village's Code of Ordinances.
Public Comment was invited at this time.
Residents Bruce Southern, Anna Souto, Josie Wiener, Howard Albert, Spero Canton, Bonnie
Heffernan, Marilyn Kunen, Ben and Jeri Dorson, Les Frazil, Charles Smith, Susie Lawson, Ed
Harrigan, Georgee Kluck, T.F. Chambers, Carol King, and Cheryl Calhoun expressed their
concerns regarding the Community Residential Homes. Concerns included safety of the
neighborhoods, specifically children; lack of staff supervision; traffic and parking; the possibility
of decreased property values; necessary police activity; septic tank/sanitation issues; and a
threatened quality of life.
Mayor Imburgia recessed the meeting at 9:10 P.M.
Mayor Imburgia reconvened the meeting at 9:35 P.M. with all members in attendance.
Mr. Boyle introduced Juliette Lippman, Senior Attorney for the Advocacy Center for Persons
With Disabilities. Ms. Lippman explained that the Advocacy Center is an organization not run
by the State of Florida. The Center looks for solutions when problems arise with disabled
individuals.
Ms. Bock and Ms. Niarchos were invited to respond to the resident concerns. Ms. Bock stated
that she heard the message regarding safety issues. She reiterated her commitment to work with
Miami Shores Village. She apologized for the lack of communication early on in the site
selection process, stating that time constraints were an issue.
Ms. Niarchos responded to some of the questions put forth by the residents. She stated that the
basic criteria for choosing a community is "where would I like to live". Sunrise prefers to rent
properties but need takes precedence over the decision to purchase or rent a home. Ms. Niarchos
stated that Sunrise Community Inc. is very committed to keeping everyone safe, both the clients
and the community. She stated that the organization will look into the possibility of live in staff
for the two homes in Miami Shores. This would alleviate some of the traffic/parking problems.
Ms. Niarchos stated that the clients are not home during the day, Monday through Friday. Ms.
Niarchos clarified that the homes do not pay property taxes, but indicated that if taxes were an
issue, the organization would pay the assessments. Ms. Niarchos invited and encouraged
residents to visit the homes.
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Mr. Boyle stated that he believed Ms. Bock and Ms. Niarchos heard the message regarding security
and safety issues.
Mr. Sastre raised the issue of the 1,000 foot minimum spacing requirement contained in Chapter 419 of
the Florida State Statutes. Ms. Niarchos indicated that when applying for HRS licensure, if there is a
doubt regarding the 1,000 foot requirement, a survey is required.
Mrs. Ross Agosta stated that HRS and Sunrise Community, Inc. are looking out for the clients best
interests. She wondered who was looking out for the residents of Miami Shores Village. Mrs. Ross
Agosta asked about the septic tank issue. Ms. Niarchos stated that Sunrise operates other Community
Residential Homes with septic tanks. Ms. Niarchos indicated that the tanks are emptied on a quarterly
basis. Mrs. Ross Agosta questioned why local Codes were not adhered to when making repairs on the
homes. Ms. Niarchos stated that Sunrise had been unaware of the local Ordinances regarding
permitting. Mrs. Ross Agosta expressed her concerns regarding Sunrise being unfamiliar with the
Village's Code of Ordinances and strongly suggested that the organization become knowledgable on
the local Codes.
Mr. Heffernan voiced his belief that the situation had been mismanaged. He does not believe that it
was right that the Village received no prior notification of the homes being located within the Village
and that the Village does not know what type of clients are living in the homes. Mr. Heffernan stated
that the credibility of Sunrise Community, Inc. and HRS are at stake. Mr. Heffernan indicated that he
will continue to keep abreast of the plans of the Dade League of Cities and the Florida League of Cities
regarding the issue of site selection for Community Residential Homes.
Mayor Imburgia stated that in the 2 1/2 weeks the homes have been open, there have already been two
incidents requiring the police to be dispatched. Mayor Imburgia spoke of the necessity of complying
with the Village's Code of Ordinances and that the situation will be monitored.
Mr. Boyle thanked the representatives from HRS, Sunrise Community, Inc. and the residents for their
attendance. He expressed his appreciation for the calm and professional manner in which the resident's
concerns were communicated to the organizations, and was glad that the Council took the time to
address the volatile issue.
ITEM #4 PUBLIC WORKS DEPARTMENT Tom Benton
A. REQUEST TO AWARD BID FOR THE RE -ROOFING OF THE C. LAWTON
McCALL COMMUNITY CENTER TO OBENOUR ROOFING IN THE AMOUNT
OF $133,103.00, TRANSFERRING $49,603 FROM THE FUND BALANCE TO
ALLOW FOR PAYMENT OF SAME.
Mr. Conz7o and Mr. Benton explained the need for the entire roof of the Community Center to be re -
roofed and indicated some of the leaking problems. Mr. Sastre asked about the new roof guaranties.
Mr. Benton stated that there would be a 20 year guarantee on the flat roof portion and a 10 year
guarantee on the mansard roof. Mr. Boyle moved to award the bid to re -roof the C. Lawton McCall
Community Center to Obenour Roofing in the amount of $133,103.00. Mr. Sastre seconded the
motion and the vote was unanimous in favor. Mr. Boyle moved to transfer $49,603.00 from the Fund
Balance for payment of the project. Mr. Sastre seconded the motion and the vote was unanimous in
favor.
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B. REQUEST TO TRANSFER $2,246 FROM THE PUBLIC WORKS
DEPARTMENT CAPITAL IMPROVEMENT BUDGET TO THE
RECREATION DEPARTMENT CAPITAL IMPROVEMENT BUDGET TO
FUND THE PURCHASE OF A TORO REELMASTER 2300D LAWN
MOWER.
Mr. Heffernan moved approval of transferring $2,246 from the Public Works Department Capital
Improvement Budget to the Recreation Department Capital Improvement Budget. Mr. Boyle
seconded the motion and the vote was unanimous in favor.
ITEM #5 VILLAGE CLERK Barbara Fugaz7i
A. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL
AFFIRNIING THE RECOMMENDATION OF THE HISTORIC
PRESERVATION BOARD TO CO -DESIGNATE N.E. SECOND AVENUE AS
"WEST DIXIE HIGHWAY", IT'S ORIGINAL AND HISTORIC NAME.
The Clerk read the caption of the Resolution. Mr. Warren Bittner was present on behalf of the
Historic Preservation Board. Mr. Bittner outlined the applicable background regarding the
request. Mr. Heffernan moved to adopt the Resolution affirming the recommendations of the
Historic Preservation Board. Mrs. Ross Agosta seconded the motion and the vote was
unanimous in favor.
B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL
ACCEPTING THE DONATION OF $400.00 IN PRIVATE FUNDS, RAISED
BY THE HISTORIC PRESERVATION BOARD, TO BE USED FOR THE
ERECTION OF CO -DESIGNATION STREET SIGNS, AND INSTRUCTING
THE VILLAGE MANAGER TO FORWARD SAID FUNDS TO
METROPOLITAN DADE COUNTY, DEPARTMENT OF PUBLIC WORKS,
FOR THE FABRICATION AND ERECTION OF SAID SIGNS AT THE
INTERSECTION OF N.E. SECOND AVENUE AND 96TH STREET.
The Clerk read the caption of the Resolution. Mr. Heffernan stated that he would rather direct
the Village Manager to accept the donation and to have the signs manufactured in a cost effective
manner (Dade County, Miami Shores Village or a private contractor), than adopt the above
Resolution. As there were no objections from the other Council members, Mr. Heffernan moved
to direct the Village Manager to accept the donation and to have the signs manufactured in a cost
effective manner. Mr. Sastre seconded the motion and the vote was unanimous in favor.
ITEM #6 ANNOUNCEMENTS
The Clerk read the announcements.
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ITEM #7 PUBLIC COMMENT
Ed Harrigan Mr. Harrigan spoke about the Community Center Roof.
ITEM #8 COUNCIL COMMENT
Mary Ross Agosta Mrs. Ross Agosta thanked the people in attendance, both the invited
representatives and residents.
Cesar Sastre Mr. Sastre reminded everyone about the Mayor's Ball.
Bill Heffernan Mr. Heffernan thanked the people for attending the meeting.
Michael Boyle Mr. Boyle stated that the meeting represented the spirit of Miami Shores
Village.
Mayor Imburgia Mayor Imburgia thanked everyone for their patience.
ITEM #9 ADJOURNMENT
The February 20, 1996 Council Meeting was adjo ed at 10: j P.M.
•
Barbara A. Fugazzi, Vill e C efk
Louis S. Imbur:ia, Jr., Mayor
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