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10-15-1996 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regularly scheduled Village Council Meeting was held on Tuesday, October 15, 1996, at he 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. Couzzo, Jr. Barbara A. Fugazzi Mark S. Ulmer PRESENTATIONS The scheduled presentation by Jane Kennedy Sawina, Pockets of Pride Coordinator, was deferred to a future Council Meeting due to her illness. CONSIDERATIONS ITEM #1 CONSENT AGENDA A. MINUTES Mr. Heffernan indicated a correction to page 7 of the Special Council Meeting Minutes, replacing Mayor Imburgia's name for his own. Mr. Heffernan then moved Item 1A. Mr. Sastre seconded the motion and the vote was unanimous in favor. B. REQUEST FOR APPROVAL OF FORFEITURE EXPENDITURE IN THE AMOUNT OF $6,150.00 TO FUND "COPS AND KIDS" EVENT AT HALLOWEEN HOWL. Mrs. Ross Agosta asked if the Police Department's plans were different than in previous years. Chief Zoovas and Captain Masten explained the expanded programming, targeting younger children with "kiddie rides" and the "Cops and Kids" theme. Mr. Heffernan asked if the funds had been budgeted. Mr. Couzzo indicated that the costs would be deducted from the Forfeiture Account. Mr. Heffernan moved Item 1B. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. ITEM #2 VILLAGE ATTORNEY Mark S. Ulmer A. RATIFICATION OF MODIFICATION - CODE ENFORCEMENT LIEN HUD to Deedco 103 N.W. 103rd Street Mr. Ulmer explained the background of both Items 2A and 2B which involve fmes and liens which have been longstanding. In reference to Item 2A, Mr. Ulmer stated that he recommends that the Council ratify the modification of the code enforcement lien. Mr Ulmer indicated that he had negotiated the reduction in fines, as there had been a question as to whether proper notice had been served on the property owner of record. He further stated that as the Village Attorney, he treated the issue as a settlement of a potential lawsuit. Mr. Heffernan moved to approve the modification. Mr. Sastre seconded the motion and the vote was unanimous in favor. B. REQUEST FOR RELIEF OF CODE ENFORCEMENT FINES Lawrence Dion 8700 Biscayne Blvd. Mr. Ulmer stated that the Code Enforcement Board has no jurisdiction in this instance because the allowable time limit for an appeal to be filed has lapsed. Additionally, Mr. Ulmer stated that there is no justification outlined in the letter received from the seller's attorney, for the Council to grant any relief. Mr. Ulmer clarified a question regarding a contract issue contained within the attorney's letter which Mr. Sastre had raised. Mr. Heffernan asked if the Item was properly before the Council. Mr. Ulmer stated that it is, as at the current time, there are no procedures in place to deal with this situation. Mr. Heffernan asked for ramifications if the Council were to take no action. Mayor Imburgia asked what recourse the seller would have if the Council were to deny the request. Mr. Ulmer stated that a lawsuit could be filed. Mr. Heffernan stated that policies and procedures should immediately be put in place to address these situations. Mr. Heffernan additionally stated his opinion that the Item is not properly before the Council. Mr. Ulmer stated that the Council could adopt a resolution that no code enforcement lien reductions would be considered prior to the filing of a lawsuit. Mr. Heffernan stated that he believed a resolution should be drafted to reflect the above policy. Mr. Boyle asked if the Item could be removed from the Agenda. Mr. Ulmer stated that he could withdraw the Item. Mr. Heffernan and Mrs. Ross Agosta both asked about how reductions in fines and lien releases were handled in the past and expressed their opinion that it is important to respond to the attorney for the seller. Mr. Couz7o stated that code enforcement fines and liens were handled administratively in the past. Mr. Ulmer stated that he would withdraw the item and draft a resolution for future consideration. Mr. Ulmer further stated that he would respond to the seller's attorney stating that the information provided was not satisfactory to grant relief. Page 2 ITEM #3 VILLAGE CLERK Barbara Fugazzi A. APPOINTMENTS TO BOARDS AND COMMITTEES 1. RECREATION ADVISORY BOARD Rod Buenconsejo Ron Marrocco Kathleen Phillips Mark Saiz Gregory Totten Kim Yerkes James Hurley Gregory Murphy Candy Rengstl Louise Steen Ken Whittaker Misters Buenconsejo, Hurley, Marrocco, Murphy, Totten and Whittaker, as well as Mrs. Phillips and Mrs. Rengstl were present and spoke on their own behalf. The Village Clerk asked the Council to vote for six (6) individuals. On the first ballot, the voting was as follows: M. Boyle W. Heffernan L. Imburgia C. Sastre M. Ross Agosta J. Hurley, G. Murphy, K. Phillips, C. Rengstl, K. Whittaker, K. Yerkes J. Hurley, R. Marrocco, G. Murphy, K. Phillips, C. Rengstl, K. Whittaker R. Buenconsejo, J. Hurley, R. Marrocco, G. Murphy, K. Phillips, K. Whittaker J. Hurley, G. Murphy, K. Phillips, C. Rengstl, G. Totten, K. Whittaker J. Hurley, G. Murphy, K. Phillips, C. Rengstl, K. Whittaker, K. Yerkes On the first ballot, James Hurley, Gregory Murphy, Kathleen Phillips, Candy Rengstl and Ken Whittaker were appointed to the Recreation Advisory Committee. The Clerk asked the Council to choose one additional individual from Ron Marrocco and Kim Yerkes. The votes were as follows: M. Boyle W. Heffernan L. Imburgia C. Sastre M. Ross Agosta K. Yerkes R. Marrocco R. Marrocco R. Marrocco K. Yerkes On the second ballot, Ron Marrocco was appointed to the Recreation Advisory Committee. 2. FINE ARTS COMMISSION Paul Majoros The Village Clerk stated that as contained in the package, the staff liaison was requesting that the Council formally remove Toni Coveley from the Fine Arts Commission. Ms. Coveley has not attended any meetings and the Commission has had difficulty achieving a quorum in order to hold meetings. Mr. Heffernan asked if contact had been made with Ms. Coveley. The Clerk stated contact had been attempted on numerous occasions but had not been successful. Page 3 Mr. Heffernan moved to appoint Paul Majoros to the Fine Arts Commission. Mr. Sastre seconded the motion and the vote was unanimous in favor. A motion was made and seconded regarding removing Ms. Coveley from the Commission. The motion and second were withdrawn in order to add the issue to the Agenda. Mrs. Ross Agosta moved to add the removal of Ms. Coveley from the Fine Arts Commission to the Agenda. Mr. Sastre seconded the motion and the vote was unanimous in favor. Mr. Heffernan moved to remove Ms. Coveley from the Fine Arts Commission. Mr. Boyle seconded the motion and the vote was unanimous in favor. 3. PERSONNEL APPEALS BOARD Ann Hughes Walter Latimer Herbert Spahn, Jr. Mrs. Hughes was present and spoke on her own behalf. The Clerk asked the Council to choose two individuals. The voting was as follows: M. Boyle W. Heffernan L. Imburgia C. Sastre M. Ross Agosta A. Hughes, W. Latimer A. Hughes, W. Latimer A. Hughes, H. Spahn A. Hughes, H. Spann A. Hughes, W. Latimer Ann Hughes and Walter Latimer were appointed to the Personnel Appeals Board. 4. COUNTRY CLUB ADVISORY BOARD Lewis Harms Stuart Huff Thomas Longman Leon Newman The Village Clerk stated the Mr. Lewis Harms withdrew his application. Mr. Newman was present and spoke on his own behalf. The Clerk asked the Council to choose two individuals. The voting was as follows: M. Boyle W. Heffernan L. Imburgia C. Sastre M. Ross Agosta T. Longman, L. Newman T. Longman, L. Newman T. Longman, L. Newman S. Huff, L. Newman T. Longman, L. Newman Thomas Longman and Leon Newman were appointed to the Country Club Advisory Board. Page 4 B. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, URGING TCI OF SOUTH FLORIDA TO INCLUDE SPORTSCHANNEL AS A BASIC CABLE PROGRAM The Clerk read the caption of the Resolution. Mr. Sastre moved to adopt the Resolution. Mr. Heffernan seconded the motion. Mr. Boyle asked Mrs. Ross Agosta, the sponsor of the Item, to elaborate on the issue. Mrs. Ross Agosta explained the rational behind the Resolution being drafted. She indicated that she believes TCI should add the SportsChannel to their regular "basic cable" programming to allow the South Florida sports fans to view local teams. Additionally, Mrs. Ross Agosta stated that when TCI renewed their franchise agreement with the Village, they stressed customer service, customer satisfaction, and customer responsiveness. Mr. Boyle echoed Mrs. Ross Agosta's concerns, stating that the issue transcends sports programming, stating that the cable company needs to be responsive to their customers. The vote was taken and was unanimous in favor. C. AN ORDINANCE AMENDING SECTION 11-4 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; INCREASING TO SEVEN THE MEMBERSHIP OF THE HISTORIC PRESERVATION BOARD AND MODIFYING THE AUTHORITY AND FUNDING OF SUCH BOARD; PROVIDING FOR AN EFFECTIVE DATE. First Reading The Clerk read the caption of the Ordinance and indicated that it is before the Council based on discussions which took place at the October 1, 1996 Council Meeting. Mr. Heffernan asked if Warren Bittner, Chair of the Historic Preservation Board, had reviewed the proposed amendment. Mr. Ulmer stated that Mr. Bittner had drafted the proposal and that he had then made appropriate modifications. Mr. Heffernan confirmed that the amendments were housekeeping issues and clarifications to the existing Ordinance. Mrs. Ross Agosta asked about the procedure for appointing the additional members. Mr. Couz7o stated that the Village would readvertise, as well as contact those applicants who had not been appointed to the Board at the October 1, meeting. Mr. Heffernan moved to adopt the Ordinance on the first reading. Mrs. Ross Agosta seconded the motion and the vote was unanimous in favor. D. AN ORDINANCE AMENDING SECTION 19-17 OF THE MIAMI SHORES CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; INCREASING TO SEVEN THE MEMBERSHIP OF THE PLANNING & ZONING BOARD; PROVIDING FOR AN EFFECTIVE DATE. The Clerk read the caption of the Ordinance and stated the item was placed on the Agenda per discussions during the October 1, 1996 Council Meeting. Mr. Ulmer stated that he had discussed the proposed amendment with the Planning & Zoning Board. The Planning & Zoning Board unanimously passed a resolution opposing any changes to the make-up or membership number of the Board. Mr. Ulmer outlined the Planning & Zoning Board's reasons for not wishing to make Page 5 any changes, and stated that after hearing from the members of the Planning & Zoning Board, he would recommend that the Council not take any action. Mr. Boyle stated that he had concerns regarding any changes to the Planning & Zoning Board and recommended that the Council let the issue die for lack of a motion. Mr. Heffernan concurred with Mr. Boyle's comments. Mr. Sastre asked if there was a possibility of creating two separate Boards, one for planning issues and one for zoning issues. Mr. Couz7o stated that possibly there had been some preliminary discussions, but no plans in the immediate future. ITEM #4 PUBLIC WORKS Tom Benton A. DISCUSSION AND POSSIBLE ACTION REGARDING EMERGENCY MANAGEMENT COMPETITIVE GRANT PROGRAM. Mr. Couz7o stated that he would present the Item as Mr. Benton was representing the Village at the Dade County Mayor's swearing in ceremony. Mr. Couz7o explained that Mr. Benton had explored the possibility of receiving grant monies to assist in funding for a generator to replace the existing one which will be relocated to the new police facility. Mr. Heffernan asked for clarification on why the Village Hall will need a generator once the police department has moved. Mr. Couz7o stated that administratively, i.e. building and zoning, finance, etc. would not function and there are concerns regarding an extended power outage. Mr. Heffernan asked if a new generator was a budgeted item. Mr. Couz7o indicated it is not, and stated that Public Works was attempting to complete the application. Mrs. Ross Agosta expressed her concerns regarding the lack of a central communication area to serve residents and insurance companies, FEMA, etc. if power is not restored within a reasonable amount of time. Mayor Imburgia asked about in- kind services. Mr. Couzzo gave examples such as having an electrician on staff who would be able to install or wire the generator. The cost of these services would be considered as "in-kind". Mr. Couz7o stated that 2:1 funds were not mandatory to submit the application and discussion regarding the point system ensued. Mr. Boyle asked why the option of leaving the current generator at the Village Hall and getting a new one for the police station, had not been explored. Mr. Couz7o stated that the application can be submitted without a commitment for funding. He further stated that a new generator had been included as a add alternate when the police building project was bid upon. Mr. Heffernan stated that he did not want to jeopardize any grant application, however he suggested that we look at alternatives for funding. It was the consensus of the Council that a generator is important for the Village Hall. Mr. Couz7o stated that he would gather more information and if necessary, come back to Council with the item. ITEM #5 ANNOUNCEMENTS The Clerk read the announcements. ITEM #6 PUBLIC COMMENTS (5 minute time limit per speaker) Ed Harrigan Mr. Harrigan spoke about TCI of South Florida. Page 6 ITEM #7 COUNCIL COMMENTS Mary Ross Agosta Cesar Sastre William Heffernan Michael Boyle Mayor Imburgia ITEM #8 Mrs. Ross Agosta offered congratulations to the new Dade County Mayor, Alex Penelas and to Elizabeth Esper and the library staff for the "Murder in the Stacks" evening. She stated that she would be travelling on business for the November 5, 1996 Council Meeting. In addition, Mrs. Ross Agosta asked for a copy of the Hurricane Plan. No Comment Mr. Heffernan thanked Councilman Boyle for taking the lead in reference to the revenue sharing issue and was happy to have seen an editorial from Mr. Boyle in the Miami Herald. Mr. Boyle reminded Mrs. Ross Agosta to get an absentee ballot as she would be travelling for election day. Mayor Imburgia wished everyone a good night. ADJOURNMENT The October 15, 1996 Council Meeting was adjourned at 9:15 P.M. % (c a? g C. Barbara A. Fu azzi, Villagge�Clee Page 7 Louis S. Imburgi. Jr., Mayor