03-19-1996 Regular MeetingMIAMI SHORES VILLAGE
COUNCIL MEETING
MARCH 19, 1996
The regularly scheduled Village Council Meeting was held on Tuesday, March 19, 1996 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. Conzzo, Jr.
Barbara Fugazzi
Mark Ulmer
PRESENTATIONS:
Mayor Imburgia presented awards to Mobile Patrol Volunteers.
Vice Mayor Sastre recognized Jennifer Quinton as a Miami Shores Ambassador for her work in
co-chairing the Mayor's Ball.
Mayor Imburgia recognized Patty Sastre as a Miami Shores Ambassador for her work in co-
chairing the Mayor's Ball.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
Mrs. Ross Agosta requested that the 3/5/96 Council Meeting Minutes be amended as follows:
Page 3, Paragraph 1 ... However, Mrs. Ross Agosta stated the State is considering mandating
that all institutions close and all patients be transferred into group home
settings.
Mr. Boyle moved approval of Consent Agenda as amended. Mrs. Ross Agosta seconded the
motion and the vote was unanimous in favor. Mr. Heffernan commended the Code Enforcement
Board for their dedication and commitment in keeping the Village the beautiful place it is. Mr.
Boyle praised the individuals responsible for the minutes.
ITEM #2 COUNCIL Mayor Imburgia
A. PRESENTATION BY SPERO CANTON REGARDING TAX ASSESSORS
BURDEN OF PROOF BILL.
Mr. Canton stated that he is before the Council seeking support for two pending pieces of
legislature, House Bill 557 and Senate Bill 740. These bills represent a change in the procedure
for contesting property appraisals. Mr. Canton summarized the information submitted, stating
his belief that the new legislature would be more equitable for taxpayers. Mr. Boyle inquired
where the back-up material originated. Mr. Canton stated that the information was written by
Bell South and distributed to community newspapers. Mr. Boyle asked if the proposed bills
would offer relief to Bell South, corporations in general and residents. Mr. Canton stated that the
bills would assist everyone. Mr. Canton stated that the issue is one of fairness. Discussion
regarding the perceived necessity of the legislature amendment, supporters and adversaries of the
amendment and possible scenarios of fiscal changes for the community ensued. Mr. Heffernan
stated that in his opinion, most homeowners feel that the assessed values of their homes are fair
and that most would not sell their house for the assessed value. Mr. Heffernan felt that fairness
was not an appropriate characterization of the issue.
Mr. Sastre asked the Village Attorney, Mark Ulmer, to comment on the present process of
contesting property appraisals. Mr. Ulmer briefly outlined the procedure. Mr. Ulmer stated that
in his opinion, the proposed amendment would be detrimental to the residents of Miami Shores
Village, indicating that the tax burden would shift from commercial properties to residential
properties if the amendment were passed.
The Council expressed their concerns regarding a possible threat to a reliable source of income
for the Village (ad valorem taxes), and the resulting problems. It was the consensus of the
Council to further study the proposed amendments.
ITEM #3 POLICE DEPARTMENT Chief Zoovas
A. REQUEST FOR APPROVAL TO APPROPRIATE FORFEITURE FUNDS IN
THE AMOUNT OF $3,000.00 TO SPONSOR FUNDRAISING EFFORTS FOR
INFORMED FAMILIES OF DADE COUNTY.
Mr. Heffernan moved to appropriate $3,000 of Forfeiture Funds to sponsor Informed Families of
Dade County. Mr. Sastre seconded the motion and the vote was unanimous in favor.
ITEM #4 VILLAGE CLERK Barbara Fugazzi
APPOINTMENT TO THE MIAMI SHORES VILLAGE BOARDS AND COMMITTEES.
A. CODE ENFORCEMENT BOARD - APPLICANT = JOHN PATNIK
Mr. Patnik was present and spoke on his own behalf. A motion was moved and seconded.
However, a technicality in the wording of the motion resulted in the second and original motion
being rescinded. Mr. Boyle then moved to approve the appointment of Mr. John Patnik to the
Code Enforcement Board. Mr. Sastre seconded the motion and the vote was unanimous in favor.
Page 2
B. FINE ARTS COMMISSION - APPLICANTS = ANNE C. DYE
JAMES J.D. INK
Mr. Ink was present and spoke on his own behalf. Ms. Dye was not present. Mr. Boyle moved
to appoint Ms. Dye and Mr. Ink to the Fine Arts Commission. Mr. Heffernan seconded the
motion. Mrs. Donna Baxter, a representative from the Fine Arts Commission was present. Mrs.
Baxter indicated that in speaking with Ms. Dye, Ms. Dye may decide to withdraw her name as an
applicant. Mrs. Baxter suggested that the Council table her appointment to the Commission.
Mr. Heffernan withdrew his second and Mr. Boyle withdrew his original motion. Mr. Boyle then
moved to appoint Mr. James J.D. Ink to the Fine Arts Commission. Mr. Heffernan seconded the
motion and the vote was unanimous in favor.
ITEM #5 PUBLIC WORKS Tom Benton
A. DISCUSSION AND POSSIBLE ACTION REGARDING THE RESULTS OF
THE RANKING BY THE SELECTION COMMITTEE OF FIRMS
SUBMITTING PROPOSALS FOR THE DRAINAGE IMPROVEMENT PLAN -
103RD STREET.
Mr. Couz7o outlined that per the State Statute relating to the Competitive Negotiations Act, a
Selection Committee was formed and met with firms submitting project proposals. Mr. Couz7o
indicated that at this time, the Council is being asked to approve the ranking only. No funds are
to be allocated for the project during this meeting. Mr. Heffernan asked who was responsible for
the presentation packages. Mr. Benton indicated that the interested firms all submitted packages.
Mr. Heffernan moved to approve the ranking results of the Selection Committee, with the firm of
Williams, Hatfield & Stoner ranked first. Mrs. Ross Agosta seconded the motion and the vote
was unanimous in favor.
B. DISCUSSION AND POSSIBLE ACTION REGARDING AUTHORIZING THE
VILLAGE MANAGER AND THE APPOINTED NEGOTIATING
COMMITTEE TO NEGOTIATE WITH THE TOP RANKING FIRMS, IN
SUCCESSION, UNTIL A PREVIOUSLY AGREED UPON PRICE IS
REACHED.
Mr. Conz7o explained that this Agenda Item follows the procedures outlined in the Statute. Mr.
Couzzo indicated that the Negotiating Committee would be comprised of himself, Tom Benton
and Patricia Varney. Mr. Heffernan moved approval for the Negotiating Committee to negotiate
with the top ranked firms. Mr. Sastre seconded the motion and the vote was unanimous in favor.
Page 3
ITEM #6 VILLAGE MANAGER Michael R. Como, Jr.
A. REQUEST APPROVAL TO EXECUTE CONSTRUCTION
ADMINISTRATION CONTRACT WITH PEACOCK COURTNEY
ARCHITECTS IN THE AMOUNT OF $8,000.00.
Mr. Co -1177o explained the issue before the Council, stating that he is looking for a decision
regarding the Construction Administration phase of the 9990 N.E. Second Avenue building
renovations project. Mr. Conz7o stated that Chief Zoovas had negotiated the fees for the contract
from $9,930.00 down to $8,000.00. Mr. Couzzo further stated that there are difficulties in
completing the contractor's construction contract which relate to Peacock Courtney. Discussion
regarding the particulars of the conflict ensued. Mr. Heffernan asked if the Construction
Administration phase had previously been appropriated. Mr. Couzzo reminded Mr. Heffernan
that at the time Peacock Courtney was originally retained, it had been the consensus of the
Council to exclude the Construction Administration phase. This was done in order to clarify the
decision whether or not to go ahead with the purchase and renovation of the building. Mr.
Heffernan asked Mr. Conz7o whether, in his opinion, the Village could properly handle the
Construction Administration phase in-house. Mr. Co11z7o stated that the Council would be
further ensuring the soundness of the project by retaining Peacock Courtney to administer the
construction. Further discussion regarding the necessity of retaining an outside firm to
administer construction, and possible pros and cons ensued. Mrs. Ross Agosta expressed her
concerns regarding additional costs that might be incurred to complete the project, as they relate
to contracts and fees. Mr. Co11z7o assured Mrs. Ross Agosta that if the Council decides to retain
Peacock Courtney to administer the construction, there will be no additional costs incurred. The
contract will see the Village through completion.
Mr. Heffernan moved to authorize Mr. Couzzo to execute a Construction Administration contract
with Peacock Courtney Architects in the amount of $8,000.00. The contract should be prepared
by Mr. Co117.7o and Mr. Ulmer. Mr. Sastre seconded the motion and the vote was unanimous in
favor.
B. REQUEST FOR APPROVAL OF FORFEITURE FUNDS FOR PAYMENT OF
CONSTRUCTION ADMINISTRATION CONTRACT.
Mr. Couzzo stated that in order to fund the contract, Forfeiture Funds must be appropriated. Mr.
Sastre moved to appropriate Forfeiture Funds in the amount of $8,000.00 for the Construction
Administration phase of the contract. Mr. Heffernan seconded the motion and the vote was
unanimous in favor.
Page 4
ITEM #7 VILLAGE CLERK Barbara Fugazzi
A. A RESOLUTION ENCOURAGING THE LEGISLATURE OF AMEND
CHAPTER 419 OF THE FLORIDA STATUTES TO PROVIDE FOR
MINIMUM LOT SIZE AND BUILDING AREA REQUIREMENTS FOR
COMMUNITY RESIDENTIAL HOMES; PROVIDING FOR AN EFFECTIVE
DATE.
The Clerk read the Caption of the Resolution. Mr. Heffernan spoke about an amendment before
the State Legislature (HB2255) which may effect the regulations pertaining to Community
Residential Homes. Mr. Couz7o pointed out that in reviewing HB2255, the proposed changes
would effect those homes with 7 or more clients, not the category of homes that are operating in
Miami Shores. Mr. Couzzo stated that it is his intent to bring the drafted Resolution to the Dade
League of Cities and Florida League of Cities contingents while in Tallahassee next week for
Dade Days. At that time, Mr. Couzzo and Mayor Imburgia will be meeting with Representative
Beryl Burke and will present the Resolution to her as well.
Discussion regarding the desire of the Council to outline specifics within the Resolution ensued.
Mr. Heffernan would like the following areas specifically outlined in the Resolution:
1) a minimum building floor area
2) requirement that live-in staff supervise the clients
3) a minimum lot size (for outside activities)
Mr. Ulmer indicated that there may be a constitutional problem with requiring a minimum lot
size. Mr. Ulmer further stated an alternative would be to ask the legislature to amend the
legislature allowing for the zoning restriction for 6 or fewer clients Community Residential
Homes in multi -family zoning areas only. Mr. Couz7o stated that it was the express intent of
Chapter 419 of the Florida Statutes to place the small (6 or less clients) Community Residential
Homes in single-family neighborhoods. Mr. Couzzo stated that if it is the desire of the Council
to have the legislature amended to allow for local government authority, then HB2255 can be
used as a vehicle to propose further amendments. Mr. Heffernan stated that the Council and the
Village Attorney need to review HB2255 to see if it is possible to "piggy -back" the Council's
desired amendments in the form of a Resolution. Mr. Couzzo suggested that the Council recess
in order to review HB2255. As further discussion on the language of the Resolution was
necessary, Mr. Heffernan moved to temporarily table Item #7A and move on to Item #7B. Mr.
Sastre seconded the motion and the vote was unanimous in favor.
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B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL
ACCEPTING THE RECOMMENDATION OF THE HISTORIC
PRESERVATION BOARD TO DESIGNATE THE PROPERTY AT 339 N. E.
96TH STREET (SHORELAND BOULEVARD) A MIAMI SHORES HISTORIC
LANDMARK AND INSTRUCTING THE VILLAGE CLERK TO RECORD
THE HISTORICAL LANDMARK COVENANT IN THE PUBLIC RECORDS
OF METROPOLITAN DADE COUNTY.
The Clerk read the Caption of the Resolution. Mr. Warren Bittner, Chairman of the Historic
Preservation Board was present. Mr. Bittner described the historical significance of the property.
The homeowners, Mr. and Mrs. Robert Israel were also present. Mrs. Israel outlined the planned
restoration of the home. Mrs. Ross Agosta moved to adopt the Resolution. Mr. Heffernan
seconded the motion and the vote was unanimous in favor. Mr. Boyle commended the work of
the Historic Preservation Board.
Mayor Imburgia recessed the Council Meeting at 9:20 P.M.
Mayor Imburgia reconvened the meeting at 9:40 P.M.
Discussion regarding Item #7A continued with Mr. Ulmer stating that he had reviewed HB2255.
Mr. Ulmer outlined the changes to the Statute as proposed in HB2255. The proposed changes
include the stipulation for requiring the removal of a resident charged with a crime or convicted
of violating a local county ordinance. Mr. Heffernan suggested that the Council adopt a
Resolution which would recommend changing the definition of Community Residential Home,
lowering the threshold from 6 or fewer clients down to 4 or fewer clients. Additionally, Mr.
Heffernan stated he would like to recommend instituting a requirement for live-in supervision for
the Community Residential Homes. Council members discussed the particulars of the language
they would like included in the Resolution. Time constraints were emphasized as Mr. Couzzo
and Mayor Imburgia will be going to Tallahassee on Tuesday, March 26. Mr. Ulmer stated that
the Council could specifically outline language to be used in the Resolution and then verbally
adopt the Resolution.
Mr. Heffernan moved that the Council resolve to request the legislature to amend Chapter 419 of
the Florida State Statutes, through the pending House Bill 2255, to reduce the number of
residents from six (6) to four (4), add a supervision clause reflecting one live-in supervisor per
every two residents, and that the word County be changed to include municipalities with regard
to permanent removals. Mr. Boyle seconded the motion and the vote was unanimous in favor.
ITEM #8 ANNOUNCEMENTS
The Clerk read the announcements.
Page 6
Mayor Imburgia asked that the Council consider making a donation to support the Shore's
Performing Art Theater's production of the Hunchback of Notre Dame. Mr. Boyle asked if the
funds would be allocated from the Mayor & Council budget. Mayor Imburgia stated that this
was his intent. Mr. Boyle moved to add this item to the Council Agenda as an emergency item.
Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. Mr. Heffernan
moved to appropriate $500.00 from the Mayor and Council Budget to sponsor The Hunchback of
Notre Dame production. Mr. Boyle seconded the motion and the vote was unanimous in favor.
ITEM #9 PUBLIC COMMENT
No residents came forward.
ITEM #10 COUNCIL COMMENT
Mary Ross Agosta Mrs. Ross Agosta spoke about the police department facility and the Dade
County Boundaries Commission. She asked that the Village Manager
invite a representative of the Boundaries Commission to speak to the
Council.
Cesar Sastre Mr. Sastre thanked the residents that attended the meeting and commended
the Mobile Patrol volunteers.
William Heffernan Mr. Heffernan wished everyone a belated St. Patrick's Day.
Michael Boyle Mr. Boyle reminded the public about Taste of Shores.
Mayor Imburgia Mayor Imburgia urged everyone to attend the Taste of the Shores.
ITEM #11 ADJOURNMENT
The March 19, 1996 Council Meeting was adjourned at 10:10 P.M.
ea a -- Barbara A. Fugazzi, Vi leg
lerk
Page 7
Louis S. Imburgia, Jr., Mayo