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07-16-1996 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council was held on Tuesday, July 16, 1996 at the Village Hall, commencing at 7:37 P.M. with the following members present: PRESENT: Mayor Imburgia Cesar Sastre Michael Boyle William Heffernan Mary Ross Agosta ALSO PRESENT: Michael R. Couz7o, Jr. Barbara A. Fugazzi Mark S. Ulmer PRESENTATIONS Mayor Imburgia presented The Distinguished Budget Presentation Award from the National Government Finance Officers Association for Fiscal Year 95/96 to Patricia Varney, Finance Director. Ms. Donna Bowman, Attorney, addressed the audience regarding her candidacy for Dade Circuit Court Judge. CONSIDERATIONS The Village Clerk advised the Council that there was an emergency item which was to be considered for addition to the published agenda. The Clerk suggested that if the item were to be added, it would be numbered as Item #5B, as it relates to the Public Works Department. Mrs. Ross Agosta moved to add an Agenda Item to be number 5B. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #1 CONSENT AGENDA A. MINUTES B. REQUEST TO ALLOCATE $568 FROM THE CONTINGENCY FUND TO THE CODE ENFORCEMENT DEPARTMENTAL BUDGET IN ORDER TO SATISFY FUNDING REQUIREMENTS TO ACCOMMODATE SOFTWARE PROGRAMMING CHANGES PER THE CODE ENFORCEMENT BOARD. C. A RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL AUTHORIZING THE VILLAGE MANAGER TO EXECUTE LEASE AGREEMENT AND RELATED DOCUMENTS WITH RIVERSIDE NATIONAL BANK OF FLORIDA. Mr. Heffernan moved approval of the Consent Agenda. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM #2 MARKETING DEPARTMENT Mildred Ramos-Majoros A. PRESENTATION OF NEW MIAMI SHORES VILLAGE PROMOTIONAL BROCHURE. B. REQUEST APPROVAL TO WAIVE BID PROCEDURE AND AWARD PRINTING CONTRACT TO VISTA COLOR IN THE AMOUNT OF $8,812. Mr. Couz7o reported that Mildred was presently working at the graphic designers, finishing up on the presentation brochure. He suggested that the items be deferred until her arrival. Mr. Heffernan moved to defer Item 2. Mr. Sastre seconded the motion and the vote was unanimous in favor. 3. POLICE DEPARTMENT Chief Zoovas A. DISCUSSION AND POSSIBLE ACTION REGARDING APPROPRIATING $20,169.00 FROM THE $800,000 LOAN TO PAY FOR CHANGE ORDERS IN REFERENCE TO THE 9990 N.E. SECOND AVENUE BUILDING. Mr. Ron Barr from Peacock, Courtney Architects was present and explained the agenda item. Mr. Barr indicated that the majority of change orders are a result of comments made on the plans by the Dade County Fire Marshall. The comments pertain to the addition of fire rated doors and partitions, additional means of egress from the second floor and enclosing an area which was to be open. Mr. Barr suggested that the Council tentatively approve the changes as listed and to authorize the Village Manager to meet with Pentagon Construction regarding a time extension in order to finalize the requested change orders. Also, Mr. Barr recommended that due to the Council's August recess, the Council authorize Mr. Couz7o to authorize up to an additional $10,000 in change orders. Mrs. Ross Agosta stated that the Council had not received a detailed listing of the change order items prior to the meeting and asked for clarification regarding a window change. Mr. Couz7o asked that Mr. Barr explain the additional back-up information. Mr. Barr clarified the information and the rational for the requested changes. Mr. Conz7o stated that he was concerned regarding the possibility of a construction time extension due to the changes. Mayor Imburgia asked if the contract addressed time extensions. Mr. Barr stated that the contract allows for an extension under general conditions. Page 2 A lengthy discussion ensued between the Council, Mr. Barr and Mr. Couz7o regarding the change order submittal procedure, the allowed mark-up by the contractor, the choices the Council has regarding authorization, and how the corresponding dollar figures are formulated. In response to a question from Mayor Imburgia regarding the impact of not authorizing change orders, Mr. Barr stated that Pentagon Construction could shut the project down. Mrs. Ross Agosta stated her concerns regarding being held "hostage" by the contractor. Mrs. Ross Agosta further asked what is a normal percentage for change orders on a project. Mr. Barr stated that change orders can run 5% to 10% of a projects cost. He indicated that with an $835,000 project, change orders could be anywhere from $42,000 to $83,500 but most change orders are submitted at the front end of a project. Mr. Heffernan stressed the importance of following the signed contract and specifications. Mr. Boyle asked why the Fire Marshall's comments had not been incorporated earlier in the project. Mr. Couz7o outlined the bidding and permitting process the Village followed. Mr. Heffernan stated that the change order requests were incomplete. Mr. Barr indicated that he has worked with Pentagon regarding the time element contained within the change order forms, without success. Mr. Ulmer suggested to the Council that they authorize the Village Manager to negotiate with Pentagon Construction. Mr. Heffernan moved to appropriate $30,000 for change orders and empower the Village Manager to execute change orders as he sees fit. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. ITEM #4 VILLAGE COUNCIL A. DISCUSSION REGARDING AMENDING THE VILLAGE CODE ALLOWING FOR BOOKSTORES. Mayor Imburgia The Village Clerk stated that per the Council's request, an amended draft of a proposed Ordinance to allow bookstores in Miami Shores Village has been placed on the agenda. Mr. Ulmer detailed the changes in the Ordinance, stating that the provisions of the Ordinance are not severable. As amended, the Ordinance would allow for bookstores as a special exception within the B1 or B2 zoning districts, providing the bookstore complies with specified requirements, i.e. lighting, window sizing, etc. Discussion regarding site plan review ensued. It was the consensus of the Council to place the Ordinance amending Section 270 of the Village Code of Ordinances on the September 3, 1996 Council Agenda. The Ordinance will be advertised as a second and final reading and a public hearing will be held. Page 3 B. RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL OPPOSING A REVENUE SHARING PLAN PROPOSED BY THE DADE COUNTY COMMISSION. Michael Boyle As the sponsoring Council member, Mr. Boyle outlined the Dade County Commission's proposal for a Fair Share Municipal Revenue Sharing Plan. The Plan, as proposed, would give the County Commission the power to reallocate or reapportion 3 mils of the Village's ad valorem tax revenues throughout Dade County. Mr. Boyle read portions of the Plan's documentation, which indicates that municipalities with "very successful community governments like Miami Shores and Miami Springs, each with an average tax base, have maximized the quality of their community services by stepping up to the plate and paying for high quality". The documentation goes on to say that "by contrast, the government of UMSA (Unincorporated Municipal Service Area) which enjoys a similar per capita tax base makes little tax effort because there is no political support for giving Metro Dade more money." Mr. Boyle expressed his concerns regarding the Village being penalized for having a good and responsive government. The Dade County Plan, in its own documentation, refers to the Plan as "A proposal to fairly share the burden among the haves, to provide basic municipal government to the have nots". Mr. Boyle stated that based on the formula provided, the Village would receive additional funds in the first year of the program. However, he stated that the formula is based solely on population and is expressly concerned with the impact in subsequent years. Mr. Boyle would like the Council to adopt a formal Resolution opposing any revenue sharing plan and to use the Village Newsletter to educate the Village residents regarding this issue. Mrs. Ross Agosta thanked Mr. Boyle for so articulately expressing his views and the basis of the Plan. She believes the County is operating under a robin hood mentality which should not go unchallenged. Mrs. Ross Agosta does not believe the Commission is acting in the best interests of the County and agrees with Mr. Boyle's concerns. Mayor Imburgia stated that at a recent Dade League of Cities Meeting, the other Dade municipalities expressed similar views in opposition to the Plan. Mayor Imburgia stated that we should align ourselves with the Dade League and the other municipalities in opposition. Mr. Heffernan stated his concern that if the Plan were to get on the November ballot, it would be an uphill struggle to defeat the issue. He believes it will be a popular issue for the population of Unincorporated Dade County. Mr. Heffernan warned the residents to watch who they vote for during the "strong Mayor" election of Dade County. Mr. Sastre thanked Mr. Boyle for doing the homework on this issue. Mr. Sastre believes that the voters need to be educated regarding the impact of a revenue sharing plan. He is concerned that the Plan punishes efficient government and would like to see Dade County "step up to the plate" regarding their own efficiency. Mr. Boyle moved to direct the Village Attorney to draft a strong Resolution voicing opposition to the Revenue Sharing Plan. Mr. Sastre seconded the motion. No vote was taken. Mr. Heffernan suggested amending the motion to include forwarding the completed Resolution to all County Commissioners and all Dade municipalities and so moved. Mr. Sastre seconded the amended motion and the vote was unanimous in favor. Page 4 5. PUBLIC WORKS Tom Benton A. DISCUSSION AND POSSIBLE ACTION REGARDING ENGAGING THE ENGINEERING FIRM OF WILLIAMS, HATFIELD & STONER, INC. TO PROVIDE STORMWATER PLANS AND SPECIFICATIONS FOR 103RD STREET DRAINAGE PROJECT IN THE AMOUNT OF $18,000. Mr. Benton explained the agenda item, referring to the Competitive Negotiations Act procedures which have been followed in regards to this contract. He further stated that due to some contract modifications and an increase in cost from $18,000 to $19,500, he is recommending that the Council authorize Mr. Couz7o to execute a contract once a contract has met with the approval of Mr. Ulmer. Mr. Heffernan moved to authorize the Village Manager to execute an agreement, not to exceed $19,500 with Williams, Hatfield & Stoner, Inc. upon form approval of the Village Attorney. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. B. DISCUSSION AND POSSIBLE ACTION REGARDING AUTHORIZATION FOR WASTE MANAGEMENT, INC. TO CONTINUE INTERIM RECYCLING PICK-UP WHILE VILLAGE VEHICLE IS BEING REPAIRED. (This item added to the original Agenda by a majority vote of the Council). Mr. Benton outlined the history of the agenda item, stating that the Village vehicle is not ready to be returned subsequent to an accident. Mr. Benton indicated that the Village was not at fault in the accident and the other driver's insurance should reimburse the Village for costs associated with the damages. Mr. Heffernan moved to authorize the request as stated in Mr. Benton's memorandum number 7076, dated July 16, 1996. Mr. Sastre seconded the motion and the vote was unanimous in favor. ITEM #2 MARKETING DEPARTMENT Mildred Ramos-Majoros A. PRESENTATION OF NEW MIAMI SHORES VILLAGE PROMOTIONAL BROCHURE. Ms. Ramos presented a mock-up of the new promotional brochure and associated materials for Council review. B. REQUEST APPROVAL TO WAIVE BID PROCEDURE AND AWARD PRINTING CONTRACT TO VISTA COLOR IN THE AMOUNT OF $8,812. Ms. Ramos outlined the written quotes received from printers. She stated that Vista Color was not only the lowest bidder, but was the printing firm recommended by the graphic designer. Ms. Ramos stated that Vista Color has state-of-the-art printing equipment which reduces printing costs and allows for a quick turn -around on printing. Mr. Heffernan stated that Vista Color is a customer of TotalBank and asked Mr. Ulmer if there was a conflict. Mr. Ulmer stated there would be no conflict as long as Mr. Heffernan did not gain monetarily from voting on the issue. Mrs. Ross Agosta moved to waive the bid procedure and award the printing contract to Vista Color in the amount of $8,812.00. Mr. Sastre seconded the motion and the vote was unanimous in favor. Page 5 ITEM #6 VILLAGE MANAGER Michael R. Couzzo, Jr. A. REQUEST APPROVAL FOR MANAGER TO ENTER INTO A STANDARD GRANT AGREEMENT WITH THE STATE OF FLORIDA FOR 1) $50,000 GRANT FOR FEASIBILITY STUDY FOR THE SHORES PERFORMING ARTS THEATER. 2) $150,000 FOR THE DEVELOPMENT OF JUVENILE FACILITIES AT THE 9990 N.E. SECOND AVENUE BUILDING. Mr. Couz7o stated that because the Village has never received grant funds from the State previously, certain paperwork needs to be completed prior to receiving the monies. Mr. Boyle asked if this item was a "housekeeping" issue. Mr. Couz7o stated that in his opinion it was. Mr. Sastre asked if we had received the actual agreements. Mr. Couzzo stated that we were awaiting them from the appropriate State departments. Mr. Heffernan clarified that this requirement is a standard State procedure. Mrs. Ross Agosta ensured that Mr. Ulmer would review the agreements prior to execution. Mr. Heffernan moved approval for the Village Manager to execute grant agreements on the two pending grants. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. B. DISCUSSION AND POSSIBLE ACTION REGARDING ENTERING INTO A CONSULTING AGREEMENT WITH THE PLANNING & ECONOMICS GROUP. Mr. Couz7o explained the agenda item, stating that pursuant to the Council's directive to proceed with moving forward in annexation procedures regarding Bel Mar, he was recommending the Council approve $6,058 from contingency. These funds would be utilized by the Planning & Economics Group to initiate the process of annexing Bel Mar. Mr. Couzzo introduced Julian Perez from the Planning & Economics Group to outline the proposal. Mr. Perez outlined the procedures contained within their proposal and the "tasks" which will be performed by the Planning & Economics Group. All members of the Council voiced their opinion that educating both the residents of Miami Shores Village and the citizens of the Bel Mar subdivision is essential to successfully moving forward with an annexation plan. Additionally, the need for effective communication is important. Discussion regarding the possibility of not moving forward after initial public hearings are held ensued. Following these discussions, Mr. Boyle moved to approve appropriating $6,058 from the Contingency Fund for the Village Manager to enter into an agreement with the Planning & Economics Group with the proviso that the Village may opt out of the agreement if appropriate. Mr. Sastre seconded the motion and the vote was unanimous in favor. Page 6 ITEM #7 VILLAGE CLERK Barbara Fugazzi A. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 14-33 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO LICENSE TAXES; ESTABLISHING NEW CATEGORIES FOR BLOOD PRESSURE AND/OR OTHER MEDICAL MACHINES; COPIER MACHINES; PHARMACIES, PHOTOFINISHING, AND ALCOHOLIC BEVERAGE BUSINESS ESTABLISHMENTS OPERATING WITHIN A RETAIL STORE, DRY CLEANING ESTABLISHMENTS; TELEPHONE AND UTILITY COMPANIES; INCREASING LICENSE TAXES; PROVIDING FOR PENALTIES; PROVIDING FOR EFFECTIVE DATE. The Clerk read the caption of the Ordinance, outlining the background and indicating the necessity to adopt the Ordinance on an emergency basis. Mr. Heffernan moved to adopt the Ordinance on an emergency basis. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. ITEM #8 ANNOUNCEMENTS: The Clerk read the announcements. ITEM #9 PUBLIC COMMENTS Ed Harrigan Mr. Harrigan spoke of the revenue sharing plan and the millage rate for Bel Mar. Ed Chambers Mr. Chambers spoke of the new promotional brochure. Michael Maguire Mr. Maguire spoke about police department services. ITEM #10 COUNCIL COMMENTS William Heffernan No Comment Cesar Sastre Mr. Sastre thanked the residents in attendance. He spoke of the annexation procedure and urged everyone to get involved in the process. Additionally, he spoke of the need for education regarding the revenue sharing plan. Mary Ross Agosta Mrs. Ross Agosta reminded everyone that there were to be no Council meetings in August and advised of the dates for the Budget Hearings. She also congratulated the staff on the July 4th celebration activities. Page 7 Michael Boyle Michael Boyle spoke of the revenue sharing plan and of the upcoming budget/tax hearings. Mayor Imburgia Good Night! ITEM #11 ADJOURNMENT The July 16, 1996 Council Meeting was adjourned at 10:40 P.M. eadaV ;i2( Barbara A. Fugazzi, Vil�Clerk Page 8 Louis S. Imburgia, Jr.,