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07-02-1996 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled Village Council Meeting was held on Tuesday, July 2, 1996, at the Village Hall, commencing at 7:30 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle Mary Ross Agosta ALSO PRESENT: Michael R. Couz7o, Jr. Barbara A. Fugazzi Mark S. Ulmer ABSENT: PRESENTATIONS William Heffernan Mayor Imburgia presented a Proclamation to James Stuart, honoring his years of volunteer service as President of the Board of Trustees, Brockway Memorial Library. CONSIDERATIONS ITEM #1 CONSENT AGENDA A. MINUTES Mr. Sastre moved approval of the Consent Agenda. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #2. VILLAGE CLERK Barbara Fugazzi A. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ADOPTING PROCEDURES AND RESTRICTIONS FOR PUBLIC COMMENT AT VILLAGE COUNCIL MEETINGS; PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Resolution. Mr. Ulmer explained the rationale behind the request to draft the Resolution. Mr. Ulmer stated that in researching the Public Comment issue and case law, he found that the courts have deemed five (5) minutes to be a reasonable time limit for individual's public comments. Mr. Ulmer pointed out that three (3) minutes is not unreasonable, but five (5) minutes has been upheld. Mrs. Ross Agosta asked for clarification regarding the portion of the Resolution regarding public comment as it relates to Village Ordinances. Mr. Ulmer stated that public comment is necessary when the Council is taking action legislatively (passing an Ordinance). Mr. Sastre asked if the cable company edits the tape of the Council Meeting prior to airing the meeting. The Clerk indicated that she was not aware of any editing process. Mr. Boyle asked for clarification regarding limiting the residents to speaking only on agenda items. Mr. Ulmer stated that any public comment other than the public comment required as a part of the second reading of an Ordinance is at the Mayor's (or his designee) discretion, and is not limited to agenda items. Mr. Ulmer further indicated that it was at the Mayor's discretion as to whether public comment would be allowed at all. Mayor Imburgia asked if the chairperson could extend the five (5) minutes in certain circumstances. Mr. Ulmer stated that it would be possible. Mayor Imburgia further questioned if the five (5) minutes would apply to all Council Meetings, i.e. Workshops. Mr. Ulmer stated that this was his intent. Mr. Sastre moved to adopt the Resolution as presented. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #3 PLANNING & ZONING Frank LuBien A. REQUEST FOR APPROVAL OF VARIANCE TO PERMIT FLAT ROOF ADDITION. Normal Seidler 1150 N.E. 102nd Street Mr. LuBien explained the request for variance, stating that the addition of a pitched roof to an existing flat roof would not be practical. Mr. Sastre confirmed that this item had unanimously passed at the Planning & Zoning Board Meeting. Mrs. Ross Agosta asked if this property had been before the Council previously. Mr. LuBien stated that this applicant had been before the Council requesting a division of land without Plat, which the Council had granted. Mr. Ulmer pointed out that in his interpretation of the Village Code's, the Planning & Zoning Board acted as the quasi-judicial board in this matter and that the Council does not have jurisdiction. Mrs. Ross Agosta moved to accept the opinion of the Planning & Zoning Board. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM M #4 POLICE DEPARTMENT Chief Zoovas A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROPRIATING $5,600.00 FROM THE RENOVATION CONTINGENCY FUND TO PAY FOR THE DEMOLITION AND RE -CONSTRUCTION OF A STRUCTURALLY UNSOUND WALL. Chief Zoovas explained the item before the Council and stated that Ron Barr of Peacock, Courtney Architects, was present to give the Council an update on the renovations. Page 2 Mr. Barr stated that in the process of taking the ceiling down on the second floor, hairline cracks were discovered on a partition wall. This discovery necessitated the demolition of the wall which needs replacement. Mrs. Ross Agosta stated that she was present when the cracks were found and confirmed that the wall presented a safety hazard. Mr. Sastre inquired as to the status of the project. Mr. Barr indicated that the renovations were on schedule. Mr. Sastre further asked about further change orders. Mr. Barr stated that there were additional change orders and he was preparing the paperwork. Mrs. Ross Agosta asked if they were substantial or if the contingency of $25,000 was adequate. Mr. Barr stated that he believed the set aside of $25,000 would be sufficient. Mayor Imburgia asked for clarification on who can authorize change orders. Mr. Couz7o stated that currently, the Council needs to approve all change orders. Mrs. Ross Agosta moved to appropriate $5,600 to fund the demolition and reconstruction of the unsound/unsafe wall. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #5 VILLAGE COUNCIL Mayor Imburgia A. DISCUSSION AND POSSIBLE ACTION REGARDING RECESSING OF AUGUST COUNCIL MEETINGS. Mayor Imburgia passed the gavel to Vice Mayor Sastre. Mayor Imburgia stated that with the number of meetings, workshops and hearings scheduled for the months of July and September, together with the fact that many jurisdictions recess meetings for the month of August, he was proposing that the Village do the same. Mrs. Ross Agosta asked Mr. Couzzo if he anticipated any items needing action in August. Mr. Couzzo stated that historically speaking, August is a slow month as it is so close to the end of the fiscal year. Additionally, Mr. Couz7o stated that there are no budgetary issues that need to be addressed in August. Mr. Couzzo stated that if an item arose which needed immediate attention, a meeting could be called. Mayor Imburgia moved to recess the Council for the month of August. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #6 PUBLIC WORKS Tom Benton A. REQUEST APPROVAL TO EXECUTE QUIT CLAIM DEED CONVEYING, FOR HIGHWAY PURPOSES, A RIGHT-OF-WAY TO DADE COUNTY FOR A PORTION OF PROPERTY LOCATED AT THE CORNER OF N.W. 7TH AVENUE AND N.W. 107TH STREET (PUBLIC WORKS COMPLEX) Mr. Benton explained the background of the agenda item, stating that Dade County is requesting a right-of-way to allow for roadway improvements. The piece of property is located at the north- east corner of the public works complex. Mrs. Ross Agosta asked how many feet of property the County was discussing. Mr. Benton stated that it is essentially 10' of undeveloped property and that Dade County surveyed the property with himself in attendance. Mrs. Ross Agosta asked if this would effect the entrance to the complex. Mr. Benton stated that right-of-way property Page 3 would not effect the entrance. Mr. Boyle asked if the Village had a contractual agreement with Dade County to ensure that they completed the improvements. Mr. Benton stated that he did not but intends to receive a set of plans for the work. Mr. Couzzo suggested that the Village receive a letter of intent from the County prior to executing the Quit Claim Deed. With the proviso indicated by Mr. Couzzo, Mr. Boyle moved approval. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #7 VILLAGE ATTORNEY Mark S. Ulmer A. REQUEST APPROVAL TO EXECUTE AGREEMENT WITH PROPERTY OWNER'S REPRESENTATIVE, VACATING ALLEYWAY AND AGREEING TO ERECT, MAINTAIN AND LANDSCAPE AN 8' CBS WALL ONE FOOT EAST OF THE EAS l'ERN MOST PROPERTY LINE. Mr. Ulmer explained the issue, indicating that the Council had previously approved the vacation of the alleyway in relation to the renovations to the 9990 N.E. Second Avenue property. The agreement is providing for erection, maintenance and landscaping of an 8' CBS wall to be constructed. Mr. Sastre moved to approve the execution of the agreement. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. Mr. Couzzo thanked the homeowner and staff who have worked on this project. ITEM #8 VILLAGE CLERK Barbara Fug zzi A. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR VILLAGE MAINTENANCE ON PORTIONS OF STATE ROADS 5, 915, AND 932. The Clerk read the caption of the Resolution, indicating that the agreement is a continuation to existing maintenance currently taking place for the Florida Department of Transportation. Mr. Boyle moved to adopt the Resolution. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. Mr. Couzzo suggested that we request the annual sum in advance. Mr. Benton will follow-up with the FDOT. ITEM #9 ANNOUNCEMENTS: The Clerk read the announcements. Page 4 ITEM #10 PUBLIC COMMENTS Loretta Olson Mrs. Olson advised everyone to have a safe and happy 4th of July. David Averill Mr. Averill asked for clarification regarding the $200,000 in grant monies received from the State. Mr. Couzzo stated that there were two separate grants, $150,000 for the development of the police facility to include a variety of programming, including juvenile programming; and $50,000 towards the Theater. Michael Maguire Mr. Maguire spoke of the new Public Comment Resolution and asked who was purchasing the theater. Sueling Li Mr. Li introduced himself and his wife as new members of the Community. Ed Harrigan Mr. Harrigan spoke about the budget workshops. ITEM #11 COUNCIL COMMENTS Michael Boyle Mr. Boyle spoke about the budget workshops, the importance of the 4th of July/Independence Day, the new principal of the Miami Shores Elementary School and the County Commission's Revenue Sharing Plan. It is Mr. Boyle's intent to have an agenda item for July 16 on this issue. Mary Ross Agosta Mrs. Ross Agosta spoke about the 4th of July and importance of elections/jury duty. Cesar Sastre Mr. Sastre spoke about revenue sharing, the budget workshops and Mr. and Mrs. Li. Mayor Imburgia Mayor Imburgia spoke about the upcoming budget workshops and indicated that he would be attending the Dade League of Cities meeting where the revenue sharing plan would be discussed. ITEM #12 ADJOURNMENT The July 2, 1996 Council Meeting was adjourned at 8:45 P d7ha.% Barbara A. Fugazzi Vilerk g Page 5 S. Imburgi r., Mayor