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09-02-2003 Regular Meeting• NIIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, September 2, 2003 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following members present: PRESENT: Mayor McCoy Herta Holly Al Davis Ed Quinton Greg Ullman ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATION Al Berg, Planning & Zoning/Code Enforcement Director, presented a plaque to Mr. Raul Lopez in honor of his home being named "House of the Month" for the month of September, 2003. CONSIDERATIONS S1) CONSENT AGENDA Barbara A. Estep A) APPROVAL OF THE JULY 15, 2003 REGULAR COUNCIL MEETING MINUTES. B) REQUEST APPROVAL OF APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS IN THE AMOUNT OF $8,000 FOR HALLOWEEN HOWL POLICE DEPARTMENT ACTIVITIES. C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL TO ENTER INTO AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY. The Village Clerk read the items contained on the Consent Agenda into the record. Mr. Ullman requested that Item 1C be removed for discussion. Ms. Holly moved approval of the remainder of the Consent Agenda (1A & 1B). Mr. Ullman seconded the motion and the vote was unanimous in favor of the motion. Mr. Ullman asked that the Village Manager explain t he grant resolution on the agenda. Mr. Benton indicated that the resolution was in support of applying for the grant funds from the Department of Agriculture. The funding, if awarded, will be used to purchase additional trees for planting throughout the Village. Mr. Ullman moved approval of the Resolution. Mr. Davis seconded the motion and the vote was unanimous in favor of the motion. • • 2) VILLAGE CLERK Barbara A. Estep A) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING SECTION 6.7 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES RELATING TO BUILDING PERMIT FEES; RESTRUCTURING THE PERMIT FEE SCHEDULE, PROVIDING FOR THE ADDITION OF PERMIT SURCHARGES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. (First Reading) The Clerk read the caption of the proposed ordinance, indicating that the ordinance was being heard for first reading. Mr. Benton provided background information regarding the development of the proposed fee structure and permit surcharges. The Council's questions and discussion centered around the permit fee increases, with Mr. Benton offering examples for particular construction jobs. Mr. Benton stated that the new structure will bring the Village's permit fees more in line with what other municipalities charge, as well as more adequately fund the Building Department's operations. Mr. Davis moved approval of the proposed ordinance on first reading. Ms. Holly seconded the motion and the vote was unanimous in favor. B) APPOINTMENT OF LIBRARY BOARD OF TRUSTEE MEMBER Ms. Estep stated that only one out of the original two applicants remains available for appointment to the Library Board. Mr. Ed Stieve was present and spoke on his own behalf. Mr. Davis moved to appoint Mr. Stieve to the Library Board. Mr. Ullman seconded the motion and the vote was unanimous in favor. • 3) RECREATION DEPARTMENT Jerry Estep • A) AWARD OF AQUATIC CENTER LANDSCAPING BID TO U.S. LAWNS OF SOUTH DADE IN THE AMOUNT OF $115,695.00. Mr. Benton offered information regarding the procedural steps which were followed in the process of obtaining bids for this project and introduced the landscape designer who developed the landscape plan, Tom Laubenthal. Mr. Davis moved to award the subject bid to U.S. Lawns of South Dade in the amount of $115,695.00. Mr. Ullman seconded the motion for discussion purposes. Mr. Ullman stated his intention to move to table the item pending notification of the residents of N.E. 104th Street, but wanted the chance to discuss the issue with staff and his colleagues first. Individual Council Members expressed their thoughts on the landscaping plan and Mr. Benton, Mr. Estep and Mr. Laubenthal responded to their questions regarding the site, the size and variety of the plant/tree material, and how the landscaping will effect any noise coming from the facility. As Mr. Ullman indicated his desire to have input from the residents of 104th Street, Mr. Benton reminded the Council that the landscaping plan had been before the Planning & Zoning Board on two separate occasions, had been approved by that Board and that based on their approval, the Village had contracted with Mr. Laubenthal to put the bid package together and the Village solicited bids. Mr. Sarafan advised that at this point in time if any changes are made to the plan, it may need to go back to the Planning & Zoning Board and the project re -bid. Council Members acknowledged Mr. Benton's statement. Mr. Ullman voiced his opinion of the importance of informing the residents prior to any action being taken and moved to postpone the vote until the next meeting of the Village Council. Mr. Ullman's motion died for lack of a second. As there was a previous motion to award the bid to U.S. Lawns of South Dade in the amount of $115,695, Mayor McCoy called for the vote. The vote results were 4 to 1, with Mr. Ullman voting against the motion. • • • 4) VILLAGE MANAGER Tom Benton A) AUTHORIZATION TO ENTER INTO AN AGREEMENT AND EXECUTE CONTRACT, SUBJECT TO THE REVIEW AND APPROVAL OF FORM BY THE VILLAGE ATTORNEY, WITH DEROSE & SLOPEY TO DEVELOP DESIGN CRITERIA FOR THE CONSTRUCTION OF A NEW MOTOR POOL FACILITY. Mr. Benton reviewed information relating to the project to construct a new motor pool building, clarifying the need for design criteria package development. Mr. Davis moved to authorize entering into an agreement with DeRose & Slopey. Ms. Holly seconded the motion and the vote was unanimous in favor. 5) ANNOUCEMENTS The Clerk read the announcements. 6) PUBLIC COMMENTS (5 Minute time limit per speaker). No one present wished to make any comments. 7) COUNCIL COMMENTS Greg Ullman Mr. Ullman introduced his brother-in-law, Mr. Rodriguez who is a new resident of Miami Shores. Ed Quinton No Comment Al Davis Herta Holly Mayor McCoy With the upcoming anniversary, Mr. Davis asked that everyone remember September 11th. Ms. Holly congratulated the police department on meeting the recent challenges which they were confronted with. No Comment 8) ADJOURNMENT The September 2, 2003 Council Meeting was adjourned at 9:05 PM. Barbara A. Estep, CMC Village Clerk Jim McCoy, Mayor