10-21-1997 Regular Meeting. MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regular meeting of the Miami Shores Village Council was held on Tuesday, October 21,
1997 in the Village Hall, commencing at 7:35 PM with the following members present:
PRESENT:
Mayor Agosta
Michael Boyle
Louis Imburgia
Stephen Loffredo
Cesar Sastre
ALSO PRESENT: Michael R. Couzzo, Jr.
Barbara A. Fugazzi
Mark S. Ulmer
CONSIDERATIONS
1. CONSENT AGENDA
A. APPROVAL OF THE OCTOBER 7, 1997 COUNCIL MEETING MINUTES.
B. APPROVAL TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE
CAPITAL PROJECTS FUND IN THE AMOUNT OF $1,750 (THIS TRANSFER
IS A HOUSEKEEPING ISSUE AND WILL ALLOW THE COMMUNITY
CENTER HARDWOOD FLOOR PROJECT TO MOVE FORWARD.
CONTRACT WAS AWARDED TO ATLANTIS CONSTRUCTION OF SOUTH
FLORIDA AT THE 9/23/97 COUNCIL MEETING).
C. AUTHORIZATION FOR THE VILLAGE MANAGER TO EXECUTE AN
EXTENSION TO THE ORIGINAL STORMWATER. UTILITY CONTRACT TO
12/15/2002.
Mr. Loffredo moved to approve the Consent Agenda. Mr. Sastre seconded the motion and the
vote was unanimous in favor.
2. PUBLIC WORKS/RECREATION Tom Benton
A. AUTHORIZATION FOR THE VILLAGE MANAGER, SUBJECT TO THE
VILLAGE ATTORNEY'S APPROVAL, TO ENTER INTO A CONTRACT
WITH THE ENGINEERING FIRM OF DEROSE & SLOPEY, TO COMPLETE
PLANS AND DRAWINGS FOR THE RENOVATION OF THE POOL
FACILITIES.
Mr. Couzzo referenced the material included in the Council packets, and indicated that resident
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and swim team member parent, Greg Totten, had delivered a hand-out just prior to the Council
Meeting. Councilman Loffredo introduced Larry DeRose of DeRose & Slopey and asked him to
give a brief outline of the three proposals. Mr. DeRose provided the following information:
Low Range Project to include repairs to the existing pool facility. With any excess funds
following repairs, complete ADA compliance requirements and decorative enhancements. To
complete the Low -Range drawings/plans, the quoted cost is $5,100, for a projected project cost
of approximately $312,000.
Mid -Range Project to include an expansion to the existing pool, upgraded filtration system,
restroom and locker room renovation. The expansion would be an L or a T configuration,
allowing for competition lanes and a shallow end to the pool. To complete the Mid -Range
drawings/plans, the quoted cost is $9,900, for a projected project cost of approximately $1 - 1.5
million.
The High -Range Project to include a completely new facility at the north end of the Country
Club property and abandonment of the existing pool. The new facility would include a water tot -
lot, competition pool, concession area, parking, etc. To complete the High -Range
drawings/plans, the quoted cost is $15,000, for a projected project cost of approximately $2 - 2.5
million.
Mr. DeRose indicated that his firm had recently completed a similar facility in Broward County,
and the costs are somewhat mitigated due to increased revenues at the facility.
Discussion regarding whether individual items are included in the various proposals, site
particulars, expected utilization of the pool, whether a pool would fit the "park" zoning
requirement, etc. ensued. Mayor Agosta asked whether the Administration was looking for a
decision during the meeting. Mr. Couzzo stated that originally, the pool was scheduled to close
for repairs in January, February and March. This shut -down had been budgeted (revenue and
staffing considerations) and the Administration was attempting to coordinate whether or not to
close the pool. Mayor Agosta expressed her concern regarding not having the recreation survey
results tabulated before making any decision about the current proposals. Mr. Couzzo stated that
a decision could certainly wait until the results of the survey were available, and staff would need
to make adjustments accordingly. Mr. Loffredo indicated that the survey did not address a new
pool facility, so survey results would not be helpful on this particular issue.
Mr. Loffredo stated that earlier, he would have suggested the mid-range project proposal but now
would suggest looking at either the low -range or high range projects, or possibly commissioning
the firm to complete both studies.
Mr. Couzzo stated that the mid-range project is not really well suited to the needs of the
community. He reminded the Council that a project like the high -range one could be phased in
over a number of years, also stating the possibility of completing a mid-range like project on the
5 -acre parcel.
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Mayor Agosta stated that she would need to thoroughly evaluate a resident only facility versus a
"public" facility. Mr. DeRose stated that the Broward complex charges a substantial premium
for non-resident attendees. Mr. DeRose further stated that a large portion of revenue is derived
from the concessions.
Discussion regarding the merits of each proposed project and associated costs to complete Phase
1 of each project ensued. Mr. Loffredo suggested that it would be a wise investment to explore
the high -range project, in order to have the information available. Mr. Imburgia concurred with
Mr. Loffredo.
Mayor Agosta questioned the components of the study. Mr. DeRose listed the following items to
be included in Phase 1: An evaluation of the site (pool, landscaping, parking), visits with staff,
recreation advisory board and citizens, preliminary plans, cost evaluations, and revenue
assessment. All Council members stressed the importance of community input. Mr. Boyle asked
if historically, new facilities are less expensive to operate. Mr. DeRose stated that in his
estimation, due to newer treatment and infiltration systems, new pools are less expensive. Mr.
Sastre stated that with the completed study, the Council will have the opportunity to make an
informed decision on which direction to take.
Mr. Sastre moved to authorize the Village Manager, subject to the Village Attorney's approval,
to enter into a contract with DeRose & Slopey to complete plans and drawings for the high -range
project at a cost of $15,000. Mr. Imburgia seconded the motion and the vote was unanimous in
favor. The time frame to complete the study is approximately 4 months.
3. VILLAGE CLERK Barbara A. Fugazzi
A. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA, EXTENDING THE EXISTING MORATORIUM ON
THE ISSUANCE OF PERMITS FOR WIRELESS TRANSMISSION AND
TOWER FACILITIES WITHIN THE MUNICIPAL LIMITS OF THE VILLAGE
THROUGH NOVEMBER 30, 1997; PROVIDING FOR AN EFFECTIVE DATE.
Second & Final Reading
The Village Clerk read the caption of the Ordinance. Mr. Ulmer advised the Council that he had
obtained a consultant to draft the new Ordinance, but due to the nature of the legislation, the
Ordinance would need approval from the Planning & Zoning Board prior to obtaining Council
adoption. Therefore, Mr. Ulmer suggested extending the moratorium through January, 1998.
Mr. Sastre moved to amend the Ordinance, extending the moratorium until January 31, 1998.
Mr. Imburgia seconded the motion. Mayor Agosta called for public comment. No one from the
audience wished to address the proposed Ordinance. The vote to amend the proposed Ordinance
was unanimous in favor.
Mr. Loffredo moved to adopt the proposed Ordinance as amended on its second reading. Mr.
Imburgia seconded the motion and the vote was unanimous in favor.
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• 4. VILLAGE COUNCIL Stephen Loffredo
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A. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCEDURE
TO HIRE THE VILLAGE ATTORNEY.
Mr. Loffredo outlined his thoughts regarding the position which will be vacated as of October 31,
1997. He stated that to his knowledge, there are three individuals who have expressed an interest
in the position and he felt it appropriate to have each Council member separately interview the
candidates and then at a future Council meeting, vote on a replacement. Mr. Loffredo stated that
in his opinion, the Village is competently represented by Weiss Serota & Helfman in other
Village matters and would be very comfortable with them serving as interim attorney, or possibly
going a few weeks without official representation. Mr. Loffredo further stated that it would be
awkward to have an individual serve as interim attorney, that may not ultimately be appointed by
the Council.
Mr. Boyle concurred with Mr. Loffredo's statement regarding the possibility of an awkward
situation, indicating that it is best to have a neutral party serve as interim attorney.
Mr. Sastre stated that he did not feel comfortable being without an attorney and had checked with
former Village Attorney, Bill Fann to see if he would be available. Mr. Fann has declined. Mr.
Sastre further stated that time is needed to interview candidates but that he would be pleased to
have Mr. Sarafan serve as the interim attorney. Mr. Boyle offered his opinion that it would not
be fair to have a "contender" serve as interim, as it would be an unfair advantage. Mr. Boyle
stated that there should be an even "playing field". Mr. Sastre stated that he did not want to
second guess the current attorney's choice for the interim position. Mr. Boyle pointed out that
new developments had come to light.
Mr. Imburgia confirmed that the Village currently utilizes Weiss Serota and Helfman on certain
legal matters. Mr. Ulmer stated that there may be conflicts with Weiss Serota and Helfman.
Mayor Agosta recommended that the Village advertise for the position with a preference for a
Village resident, agreeing with Mr. Sastre regarding the need for attorney representation.
Discussion regarding the pros and cons of having a candidate serve as interim attorney, as well as
discussion and resolution of any possible conflicts with Weiss Serota and Heitman serving as
interim attorneys ensued. Attorney Ed Guedes, from the firm of Weiss Serota and Helfman
indicated that he would suggest that David Wolpin represent the Village if the Council chooses
to retain the firm. Attorney Guedes also stated that the firm would contract with the Village for
the same fees as those currently charged by Mr. Ulmer.
Mr. Loffredo moved to appoint the law firm of Weiss Serota and Hellman, and specifically our
servicing partner to be David Wolpin, as interim attorney. Mr. Boyle seconded the motion and
the vote was unanimous in favor.
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5. ANNOUNCEMENTS
The Village Clerk read the announcements.
6. PUBLIC COMMENTS
Greg Totten Mr. Totten spoke about the pool facilities, specifically, the needs of the
swim team for a competition pool.
Candy Rengstl Mrs. Rengstl spoke about the Recreation Advisory Board's input into the
pool facility plans. She also spoke of the Theater's special Halloween
show.
7. VILLAGE MANAGER COMMENTS
Mr. Couzzo advised the Council that there was a police department survey, as well as an ADA
update memorandum in their mail packets.
8. COUNCIL COMMENTS
Michael Boyle No comments offered.
Louis Imburgia Mr. Imburgia thanked Mark Ulmer for his service to the community and
the Council.
Cesar Sastre Mr. Sastre spoke of the importance of the pool issue, congratulated the
Mayor on the recent Mayor's Ball, and thanked Mark Ulmer, stating he
was a credit to the profession.
Steve Loffredo Mr. Loffredo also offered his thanks to Mark Ulmer for his quality work
and analytical mind. Mr. Loffredo spoke of the great time he enjoyed at
the Mayor's Ball.
Mayor Agosta Mayor Agosta spoke of the recreation survey, thanked all those who
worked on the Mayor's Ball to make it such a success, thanked Mark
Ulmer for his dedication, and thanked the members of the community for
their condolences with the passing on of her father.
9. ADJOURNMENT
The October 21, 1997 Council Meeting was adjourned at 9:10 PM.
Barbara A. Fugazzi, Village Clerk
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Mary Ross Agosta, Mayor