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10-06-1998 Regular Meeting.1 •MIA1VII SHORES VILLAGE .REGULAR COUNCIL MEETING The regularly scheduled meeting of the Village Council took place on Tuesday, October 6, 1998 at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Agosta Michael Boyle Louis Imburgia Stephen Loffredo Cesar Sastre ALSO PRESENT: Tom Benton, Interim Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney PBESENTATIONS Mayor Agosta presented Proclamations in honor of Breast Cancer Awareness Month to the Heidi Hewes Chapter of the Woman's Cancer Association and North Shore Medical Center. • Mayor Agosta and Chief Masten presented Citizen Awards to Richard Miller, Roberto Pabon and Yvens Frederick. • CONSIDERATIONS 1. CONSENT AGENDA k APPROVAL OF THE SEPTEMBER 15, 1998 REGULAR COUNCIL MEETING MINUTES, AND SEPTEMBER 15, 1998 BUDGET HEARING MINUTES. B. REQUEST TO APPROPRIATE FORFEITURE FUNDS TO FUND FISCAL YEAR 1998-99 PROGRAMS, PURCHASE DARE SUPPLIES, HALLOWEEN HOWL ACTIVITIES, AND TO FUND THE LOAN PAYMENT ON THE POLICE BUILDING. Mr. Sastre moved approval of the Consent Agenda. Mr. Imburgia seconded the motion and the vote was unanimous in favor. 2. VILLAGE MANAGER Tom Benton A. AWARD OF BID TO ALTEC INDUSTRIES, INC. IN' THE AMOUNT OF $77,831 FOR THE PURCHASE OF A BUCKET TRUCK AND APPROPRIATE ADDITIONAL FUNDING OF $4,831 FOR THE PACKAGE. Mr. Benton explained the item, indicating that the current bucket truck was purchased in 1986 and that the truck had been budgeted in the Capital Projects Fund budget. Mr. Benton stated that the shortfall of $4,831 between the actual cost and the budgeted cost will be appropriated and the complete purchase price financed as addressed in Item 2B. Mr. Boyle moved to award the bid to Altec Industries, Inc. as outlined. Mr. Sastre seconded the motion and the vote was unanimous in favor. B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCII. AUTHORIZING THE ISSUANCE OF A REVENUE BOND, SERIES 1998, OF MIAMI SHORES VILLAGE, FLORIDA IN A PRINCIPAL AMOUNT NOT TO EXCEED $234,321 FOR PAYMENT OF THE COSTS OF PURCHASING 800 MHZ RADIO SYSTEM AND A BUCKET TRUCK; COVENANTING TO BUDGET AND APPROPRIATE FROM CURRENT NON -AD VALOREM REVENUES FOR THE PAYMENT OF THE BOND; CONTAINING OTHER PROVISIONS RELATING TO THE BOND; AWARDING THE BOND TO THE PURCHASER; AND PROVIDING AN EFFECTIVE DATE. The Clerk read the caption of the Resolution. Mr. Benton indicated that the Resolution represents the bank requirements for the financing package. The items to be financed are the 800 MHZ police radio system which was previously approved, and the entire cost of the bucket truck. Mr. Loffredo moved to adopt the Resolution. Mr. Sastre seconded the motion. Mr. Loffredo confirmed that the new bucket truck had been budgeted for a financing package. Mr. Loffredo asked for the financing payment. Mrs. Varney, Finance Director, indicated the quarterly loan payment would be $9,844.36 for a seven year period. Mr. Loffredo confirmed that the life span of the bucket truck would exceed the loan period. The vote was taken and was unanimous in favor. 3. VILLAGE CLERK Barbara Fugazzi A. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD (2 Appointments) Applicants: John Bachay Marcos M. Guinaldo Ines Hegedus -Garcia Kimberly Logan -Hynes Marlene Pollack Mr. John Bachay and Ms. Ines Hegedus -Garcia were present and spoke on their own behalf. A ballot was conducted with the following results: Mayor Agosta Michael Boyle Louis Imburgia Stephen Loffredo Cesar Sastre John Bachay, Ines Hegedus -Garcia Marco Guinaldo, Ines Hegedus -Garcia John Bachay, Ines Hegedus -Garcia John Bachay, Ines Hegedus -Garcia John Bachay, Ines Hegedus -Garcia Mr. John Bachay and Ms. Ines Hegedus -Garcia were appointed to the Historic Preservation Board. Page 2 B. APPOINTMENTS TO THE RECREATION ADVISORY BOARD (6 Appointments) Applicants: Ron Marrocco Candy Rengstl Ken Whittaker John Wyatt The Clerk indicated that Mr. Ernie Martinez, whose application was submitted for the Fine Arts Commission and the Advisory Board on Handicapped Services would like to withdraw his name from consideration for the Fine Arts Commission and be considered for the Recreation Advisory Board. The Council agreed. Mayor Agosta suggested that as the Council is familiar with the other applicants to the Recreation Advisory Board, only the new applicants introduce themselves. Mr. Ernie Martinez and Mr. John Wyatt were present and spoke on their own behalf. Mr. Loffredo moved to appoint Ron Marrocco, Ernie Martinez, Candy Rengstl, Ken Whittaker and John Wyatt to the Recreation Advisory Board. Mr. Sastre seconded the motion and the vote was unanimous in favor. C. APPOINTMENTS TO THE FINE ARTS COMMISSION (1 Appointments) Applicants: Charles Humphries Ernie Martinez The Clerk stated that Mr. Humphries was unable to attend the Council Meeting. As Mr. Martinez had withdrawn his name from consideration, Mr. Boyle moved to appoint Charles Humphries to the Fine Arts Commission. Mr. Sastre seconded the motion and the vote was unanimous in favor. D. APPOINTMENT TO THE HANDICAPPED ADVISORY COMMITTEE (2 Appointments) Applicant: Ernie Martinez Mr. Loffredo moved to appoint Mr. Martinez to the Handicapped Advisory Committee. Mr. Boyle seconded the motion and the vote was unanimous in favor. E. APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES (3 Appointments) Applicants: Alice Burch Virginia Forsyth Paula Xanthopoulou The Clerk outlined the parameters for the appointments, indicating that there is one (1) five year term, one (1) two year term, and one (1) one year term to be appointed. Mr. Boyle suggested a format for the balloting which was accepted. The ballot results were as follows: Mayor Agosta Michael Boyle Louis Imburgia Stephen Loffredo Cesar Sastre 5 Years Alice Burch Alice Burch Alice Burch Alice Burch Alice Burch 2 Years Paula Xanthopoulou Paula Xanthopoulou Paula Xanthopoulou Virginia Forsyth Virginia Forsyth Page 3 1 Year Virginia Forsyth Virginia Forsyth Virginia Forsyth Paula Xanthopoulou Paula Xanthopoulou • • 4. LEGAL DEPARTMENT Richard Sarafan A. DISCUSSION AND POSSIBLE ACTION REGARDING THE SETTLEMENT OF THE BENNETT LAW SUIT. Mr, Sarafan offered background information, indicating that there are a few contingencies which are pending prior to executing the Settlement Agreement, including the dismissal of the suit by the other party involved in the litigation. Mr. Sarafan recommends that the Settlement be approved. Mr. Sastre moved to authorize Mr. Benton to execute the agreement when the time is appropriate. Mr. Boyle seconded the motion. Mr. Boyle confirmed that the Settlement Agreement provided to the Council this evening is the final form. The vote was taken and was unanimous in favor. B. DISCUSSION AND POSSIBLE ACTION REGARDING THE TERM LEVET PROVISION FOR THE CODE ENFORCEMENT BOARD. Mr. Sarafan stated that the Village's current Code of Ordinances, Section 2-77 (c) provides for members of the Code Enforcement Board to be appointed to one (1) successive term on the Board only. Mr. Sarafan indicated that the provision was included in the Code to conform to past State Statutes which have since been amended and the term limit deleted. Mr. Sarafan further stated that the Code Enforcement Board is currently the only Village Board which imposes a term limit. He asked that the Council consider amending the Ordinance to conform to the current State Statute language. Mr. Loffredo moved to amend the Village's Code of Ordinances, Section 2-77 (c) to delete the one (1) successive term provision and to conform to current State Statute. Mr. Sastre seconded the motion and the vote was unanimous in favor. Discussion regarding implementing the proposed change in language ensued. A consensus was reached that the discussion and subsequent motion this evening would serve as the first reading of an Ordinance. A second reading and public hearing will take place at the October 20, 1998 Council Meeting following proper notice requirements. 5. VILLAGE COUNCIL A. DISCUSSIQN AND POSSIBLE ACTION REGARDING A FINAL DESIGN FOR THE PROPOSED AQUATIC FACILITY. Cesar Sastre Mr. Sastre stated that he has spoken to numerous residents regarding the proposed aquatic facility and that many of the residents are concerned about the size of the water tot -lot. He stated that although everyone he has spoken to agrees that a new pool facility is necessary, they are questioning the need for a 100 capacity water tot -lot. Mr. Sastre indicated that he strongly supports the new pool and water tot -lot concept, but would like to discuss with the Council and hear from the public, regarding the proposed design. Mayor Agosta asked if Mr. Sastre could please make a motion for discussion to ensue. Mr. Sastre moved to approve a scaled down version of the water tot -lot in the planned proposal. Mr. Boyle seconded the motion. Page 4 • Council discussion centered on the concerns that they have heard residents express regarding the size and need for a water tot-Iot, as well as the resident's opinions that if the bond issue is for $3.2 million, the Village will spend $3.2 million. The Council indicated that the resident's have expressed a need for better accountability for the funds and a more definitive design. Mr. Benton introduced Mr. Larry DeRose from the engineering firm of DeRose & Slopey. Mr. Benton confirmed with Mr. DeRose that by reducing the capacity of the water tot -lot by one -halt there would be an approximate project savings cost of $450,000. By equating this $450,000 cost reduction to a per household savings, the figure is approximately $10 annually when compared to a cost of $59.00 per household for the entire $3.2 million bond. Mayor Agosta invited public comment on the aquatic facility issue. T.F. Chambers Mr. Chambers stated that he was in favor of the proposed design with the larger tot -lot. Gregg Totten Mr. Totten stated that the new facility is important to the Village as the current pool is crumbling. Feels that everyone should support the bond issue. Gary Pappas Mr. Pappas commended the Council for endorsing the project, indicating that the facility will be a place to meet and great other residents. He encouraged the Council to endorse the proposal that provides something for everyone. Bob Blum Mr. Blum expressed his opinion that it is important that the voters know what they are voting for and what they will get. He further indicated that any cost savings are minimal when broken down over a 30 year period of time. Anthony Martin Mr. Martin stated his opinion that the current pool should be closed and questioned who originally built the pool. Herb Spahn Mr. Spahn reminded the Council that if the capacity drops, the associated revenue will also drop, increasing the shortfall in operating funds. He inquired whether the cost to build a new pool where the existing pool is Located had been researched. Betty Lasch Ms. Lasch expressed her concern that the Council is not looking at other options but believes that the pool is important for the future of the Village. Ed Harrigan Mr. Harrigan indicated that the Village has known for many years that a new pool was necessary and his concerns with cost overruns. John Wyatt Mr, Wyatt stated that the Council and staff should be spending their energies on educational campaigns regarding the bond question. Page 5 . R � • • Leon Newman Mr. Newman stated his concern regarding the operation and maintenance costs associated with the facility. Mayor Agosta closed public comment. Mr. Benton showed the promotional video. Mr. Loffredo stated his opinion that if the bond issue does not pass, he does not want to spend $1.1 million on the old pool, and in order to comply with the ADA settlement, the Village could just lock the gates and close the pool. Mr. Boyle stated that the need for a new pool is definite and in his opinion there are two options, one would be to build the facility as proposed and presented, and the second option would be to come up with a concrete modification to the original plans. Mayor Agosta stated that the facility will be an asset to the community, that the staff is aggressively educating the residents regarding the bond issue and that residents have the responsibility to be informed. Based on the Council discussions and comments, Mr. Sastre withdrew his motion and Mr. Boyle withdrew his second. B. DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTING TOM BENTON AS VILLAGE MANAGER. Cesar Sastre. Mr. Sastre introduced the item, stating that Mr. Benton has acted as the Interim Village Manager for many months and his belief that Mr. Benton is the logical and practical choice for the position of Village Manager. Mr. Sastre moved to appoint Mr. Tom Benton as the Village Manager on a permanent basis and adopt the contract as presented. Mr. Loffredo seconded the motion. Mr. Boyle indicated that the presented contract has a "reverter" clause within the language, stating that although he fully supports Mr. Benton as the new manager, he cannot approve the contract due to his concerns with the reverter clause. Mr. Boyle enumerated his concerns and reasons for objecting to the contract language as presented. Mayor Agosta called for a vote which was as follows: Mayor Agosta Yes Michael Boyle No Louis Imburgia Yes Stephen Loffredo Yes Cesar Sastre Yes C. DISCUSSION AND POSSIBLE ACTION REGARDING PROTOCOL FOR COUNCIL AGENDA ITEMS. Cesar Sastre Mr. Sastre withdrew this item from the Agenda, indicating that he may request that the item be placed on a future agenda. Page 6 • 6. ANNOUNCEMENTS The Clerk read the announcements. 7. PUBLIC COMMENTS Ed Harrigan Mr. Harrigan spoke about the police building. T F Chambers Mr. Chambers spoke about the aquatic facility and offered to show the promotional video tape in his office window. Lt. Ulmer Lt. Ulmer spoke about the new police department program. Dion Senna Mr. Senna spoke about the upcoming symposium on aging being sponsored by the Baptist Church. 8, COUNCIL COMMENTS Stephen Lo Cesar Sastre Louis Imburgia ffredo Mr. Loffredo spoke about the Aging Symposium and thanked everyone for applying for the various Boards and Committees. Michael Boyle Mayor Agosta Mr. Sastre spoke about the proposed pool, the Mayor's Ball and also offered his congratulations to Tom Benton. Mr. Imburgia thanked the individuals in attendance and spoke about the downtown area, addressing Mr. Harrigan's comments. Mr. Boyle stated his belief that the Council is taking the right approach with the pool facility and reiterated that Tom Benton has his full support and confidence. Mayor Agosta congratulated Tom Benton on his appointment, commending him for his service to the community. Additionally, Mayor Agosta spoke about Breast Cancer Awareness Month activities. 9. ADJOURNMENT The October 6, 1998 Council Meeting was adjourned at 9:50 PM. Barbara A. Fugazzi, CMC Village Clerk Page 7 Mary Ross Agosta, Mayor