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05-04-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MAY 04, 1993 The regular meeting of the Miami Shores Village Council was held on May 4, 1993, at the Miami Shores Village Hall commencing at 7:30 p.m. with the following members present: Present: Also present: Mayor Heffernan Steven J. Johnson Michael Boyle Robert Cook Richard Fernandez Tom Benton William F. Fann Scott W. Davis Absent: Gall Macdonald Councilman Johnson presented a plaque to former Mayor Henry Courtney. Mayor Heffernan presented a proclamation for Intergenerational Awareness Week. Mayor Heffernan presented a proclamation for Municipal Clerks' Week to the Village Clerk. ITEM *1 MINUTES Mr. Cook moved approval of the minutes from the Regular Council meeting of 4/20/93. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mayor Heffernan acknowledged receipt of the minutes from the following meetings: Recreation Advisory Board 4/12/93 Fine Arts Commission 4/20/93 Historic Preservation Board 4/19/93 Code Enforcement Board 4/4/93 Planning and Zoning Board 4/8/93 Mr. Boyle spoke about the Taste Of The Shores. ITEM *2 DISCUSSION AND POSSIBLE ACTION CONCERNING THE EMPLOYMENT STATUS OF THE VILLAGE MANAGER. Mr. Fernandez reviewed the background. Mr. Fann stated that Ms. Macdonald resigned effective June 30th and if the new Council seeks to terminate her services prior to that date, they can do so by giving her full pay through June 30th plus the other benefits that are set forth in the minutes of the January 26, 1993 meeting. Mr. Joe Serota represented Ms. Macdonald. He stated that It might be better for all concerned If she no longer comes In on a daily basis. He also stated that Mr. Benton is a qualified Individual and can handle matters in the Village. Mr. Serota reviewed Ms. Macdonald's offer of 1/26/93 which Is as follows: ...She is willing to resign under the following circumstances: 1. Severance pay through June, 30, 1993 if Ms. Macdonald leaves immediately or she will stay until June 30th; however, if she Is asked to leave before that time then severance pay will •be paid through June 30th. 2. 100 percent payout of all accrued leave benefits. 3. Actual attorney fees related to Ms. Macdonald's alleged ethics violation. Mr. Fernandez stated he wishes that the Village Manager be paid everything she is due. Mr. Cook moved to accept the resignation • as presented by Ms. Macdonald's counsel, Mr. Serota. Mr. Fernandez seconded the motion. Mr. Johnson reviewed the events at the 1/26/93 Special Council Meeting. Mr. Boyle stated that he was troubled that Council is revisiting the Issue. He stated that it does not serve the Village by going back on past Issues. He said that he will honor Ms. Macdonald's request If that Is what she wishes to do. Mr. Kevin O'Connor: Mr. Spero Canton: Mr. Tom McDermott: Embarrassed by tonight's Council action and that Ms. Macdonald's presence Is necessary for the budget process. Ms. Macdonald would prefer not to leave. She served the Village for the past 11 years. Found Ms. Macdonald to be very disagreeable. She does not have the skill to be the Village Manager. Mr. Luis Imburgia: Spoke about Ms. Macdonald's service after the hurricane. Ms. Betty Lasch: Asked Council to reconsider decision to take proposed action. Mr. Ed Harrigan: Spoke about past financial problems In the Village and Ms. Macdonald's trip to a seminar. Mayor Heffernan read a memo to Council from Mr. Fernandez dated May 3rd and entitled " Agenda Item *2 Discussion and possible action concerning the employment status of the Village Manager." Mayor Heffernan stated that Ms. Macdonald has been bullied into the offer to leave and that the issue does not promote community unity. Mr. Serota stated that Ms. Macdonald did not come forward on this Issue. The vote was taken and was as follows: Fernandez - Yes Boyle - Yes Johnson - Yes Cook - Yes Heffernan - No The motion carried. ITEM *3 PLANNING AND ZONING BOARD ITEMS: a. SITE PLAN APPROVAL, WALGREENS Mr. LuBien presented the Item. Mr. Cook moved approval. Mr. Johnson seconded the motion. Mr. Fernandez inquired of Mr. that the property rights of the surrounding residents are very Important and that they should be Mr. Ed WoJack: Spoke about quality of NW section of the future land use. Asked about public housing and sewers. Also spoke about quality of life. Keep residents of the area in mind when making the decision. Asked about traffic on N. Miami Avenue. Mr. Cook moved to approve the ordinance on first reading. Mr. Johnson seconded the motion. Mr. Fernandez stated that the action does not lock the property owner or the Village In forever. He stated that the dog track has been a good neighbor • to the Village. The vote was unanimous in favor. Mr. Bob Blum: Mr. Greg Pecheo: Mr. Mark Sell: Ms. Betty Jensen: heard. Iife In the Shores and d. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING MIAMI SHORES VILLAGE ZONING ORDINANCE NO. 270, BY ADDING TO SECTION 300 THEREOF THE DESIGNATION OF COMMUNITY FACILITIES DISTRICT (CF) AND CHANGING P DESIGNATION FROM PUBLIC DISTRICT TO PARK DISTRICT AND AMENDING SCHEDULE OF REGULATIONS TO REFLECT SAME; DELETING CHURCHES, SCHOOLS AND PUBLIC UTILITY INSTALL- ATIONS AS PERMITTED USES IN R DISTRICT; AMENDING SECTION 301 THEREOF BY ADOPTION OF REVISED ZONING MAP PREPARED BY RKS, INCORPORATED, DATED JANUARY 1992, WHICH ADDS CF ZONES, ENLARGES P DISTRICT JOINING GOLF COURSE BY REDUCING R-20 DISTRICT, CHANGING R-17.5 DISTRICT AT EAST END OF GRAND CONCOURSE TO P DISTRICT, CHANGING A PORTION OF THE SOUTH SIDE OF NORTHEAST 92ND STREET FROM A-1 TO B-1 DISTRICT AND CHANGING FROM R-15 DISTRICT TO PRO AND P DISTRICTS THAT PORTION OF LAND ABUTTING EAST SIDE OF NORTHEAST 6TH AVENUE BETWEEN 94TH AND 95TH STREET; PROVIDING FOR EFFECTIVE DATE. Mayor Heffernan read the caption of the ordinance. Mr. Pitkin explained the ordinance stating the the ordinance gives a greater degree of protection for residential areas. Mr. Cook moved approval on first reading. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE CLOSURE OF RAILROAD CROSSING ON GOLF COURSE. Mr. Benton reviewed the background. Mr. Boyle stated that the FEC railroad also has an interest in the matter and the cost should be split 4 ways: The Village, PCM, South Florida Water Management and the railroad. Mr. Cook asked If FEC can yank the property for any reason. Mr. Fann replied that In accordance with the license that they can with 30 days notice. Mr. Johnson move to table the Issue until the May 18th meeting. Mr. Cook seconded the motion and the vote was unanimous in favor. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING VILLAGE PERMIT FEES. Mr. Boyle reviewed the background and suggested raising the limit of what requires a permit. Mr. Cook stated that Mr. Boyle should do his homework and not revisit Item that have been before Council previously. Mr. Boyle suggested a sliding scale Fann if it would be appropriate for him to vote on Planning and Zoning matters. Mr. Fann's response was that it was ok to do so. The vote was unanimous in favor. b. REQUEST FOR APPROVAL TO ALLOW SHINGLE ROOF. MANUEL QUIROGA Mr. LuBien reviewed the background. Mr. Fernandez moved approval. Mr. Boyle seconded the motion and the vote was unanimous in favor. c. AN ORDINANCE AMENDING THE 1989 MIAMI SHORES COMPREHENSIVE PLAN; AMENDING GOALS, OBJECTIVES AND POLICIES PERTAINING TO S-2 (DOG TRACK) ZONING; POTABLE WATER AVAILABILITY AND POST DISASTER REDEVELOPMENT PLAN; PROVIDING EFFECTIVE DATE. Mayor Heffernan read the caption of the ordinance. Mr. Benton stated that the ordinance makes changes to the Comprehensive Plan. He Introduced Mr. Steven Pitkin from Robert Swarthout and Associates. Mr. Pitkin reviewed the changes to the Comp. Plan and stated that they are as follows: 1. Bring the Comp. Pian map Into compliance with the zoning map. 2. Changing the Comp. Plan map from commercial to single family home use for the Dog Track land If the Dog Track were to cease to exist. 3. To reflect the additional Archdiocese property on Biscayne Boulevard. 4. To have the same level of service for water as the County. 5. Post disaster redevelopment component. Mr. Pitkin stated that the Planning and Zoning Board wants to go on record that If the Dog Track ceases to exist that parcel of land be zoned as single family. He stated that traffic is a significant factor in the decision. Mr. Cliff Schulman, from Greenberg, Traurig et al, represented the Dog Track. He asked If Mr. Fernandez should be allowed to vote on the issue due to his being on the P&Z board when the Issue was before them. Mr. Fann stated that he sees no reason why Mr. Fernandez cannot vote. Mr. Schulman stated that it was unfair for Mr. Fernandez to participate in the deliberation and to vote. Mr. Fernandez moved to grant Mr. Schulman 5 minutes to make his presentation. There was no second for the motion. Mr. Schulman made his presentation regarding the future land use of the property that the Dog Track occupies. He spoke about the unique enclave aspect of the property and the single family use of the property. He suggested a blending of uses and conducting further workshops to determine future uses for the property. Mr. Schulman spoke about traffic and future land use. Mr. Cook asked about binding a future Council regarding zoning and future land use. Mr. Schulman stated that state law binds the future Council. He stated that It would require 1 year of hearings and a State review to make changes. It would tie up a successor to the Dog Track for 3 years to go through the process he said. Mr. Pitkin stated that it can take years but it doesn't have to, that it could take as little as 9 months to change the Comp. Plan. Mayor Heffernan stated that he was concerned with compatibility with the rest of the Village. Mr. Boyle stated with a higher permit fee for more expensive Jobs. Mr. Lubien stated that the Village could change the minimum level that requires a permit. Mr. Fernandez stated that the solution of raising the level would be helpful. Mayor Heffernan stated that the permit process has fixed costs and the control Issue is very Important. He recommended taking no action. Mr. Boyle stated that the permit process sets standards for the Village and that he is not suggesting weakening the process. ITEM *6 AWARD OF BID FOR COMMUNITY CENTER ROOF REPAIR. Mr. Benton reviewed the background and stated that the low bid Is $19,880 from Turner-Horodowich. Mr. Fernandez moved approval. Mr. Cook seconded the motion and the vote was unanimous In favor except for Mr. Johnson who abstained from voting because his firm represents Turner-Horodowich in accounting matters. ITEM *7 REQUEST TO APPROPRIATE FORFEITURE FUNDS TO CONTINUE CONTAINMENT ASSESSMENT PROCESS FOR POLICE DEPARTMENT. Mr. Benton stated that the request Is for $6920 to be appropriated. Mr. Johnson moved approval. Mr. Fernandez seconded the motion and the vote was unanimous In favor. ITEM *8 REQUEST FOR APPROVAL OF ARCHIVE SYSTEM CONTRACT. Mr. Benton explained the background. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *9 DISCUSSION.REGARDING MAYOR AND COUNCIL EXPENSE ACCOUNT. Mayor Heffernan explained the background. Mr. Johnson reviewed the history of the Mayor and Council expense account. Mr. Fernandez suggested paying the Councilmen a small salary and letting them decide what to go to. Mr. Boyle stated that the amount in question is $165. He suggested giving the mayor the authority to make the decision on expending the $165. The consensus of Council was In agreement with Mr. Boyle's suggestion. ITEM *10 DISCUSSION AND POSSIBLE ACTION REGARDING OFFICIAL REPRESENTATION OF THE VILLAGE TO OUTSIDE AGENCIES. Mr. Boyle reviewed the background and read a letter to Hon. Raul J. Valdez-fauil, Mayor, City of Coral Gables, from Warren Bittner, Chairman of Miami Shores Village Historic Preservation Board. The letter was written on Village letterhead and dated 4/19/93. He suggested advising the advisory boards that they do not have authority to speak for the Village to outside agencies. Mr. Fernandez stated that he was very concerned and that a policy should be developed by the Village Manager. Mr. Boyle moved to direct the Village Manager to develop a policy on the issue and submit it for approval. Mr. Fernandez seconded the motion and the vote was unanimous In favor. ITEM *11 DISCUSSION AND POSSIBLE ACTION REGARDING MARKETING THE VILLAGE AND CREATION OF A MIAMI SHORES DEVELOPMENT DEPARTMENT. Mr. Fernandez reviewed the background and proposed to create a Miami Shores Development Department with an accountable employee and a realistic budget. Ms. Mary Ross Agusta, a communications professional, shared her thoughts on what is needed for the Village. She stated that Miami Shores is a great place and very easy to market. Mr. Fernandez proposed a 3 year time frame with a review at that time to see if it Is working. Mr. Fernandez stated that he would like to see the Council direct the Village Attorney draft a resolution for the Council to review forming a Miami Shores Community Development office. Mayor Heffernan stated that the Council should get the pulse of the community before they begin, especially expending very scarce resources on this matter. Mr. Johnson stated that he agrees with the Mayor. He spoke about the Downtown Revitalization Board and the efforts of the Chamber. Mr. Cook stated that If there are extra funds he would like to see them spent on hard and fast Items such as the Library or the Recreation Department. Mr. Fernandez suggested that the Council make the commitment to establish a marketing office then look at the budget process to see if funding is available. Mr. Johnson moved to direct the Village Attorney to draft an ordinance creating a Miami Shores Community Development Authority based upon the one existing in Coral Gables. Mr. Fernandez seconded the motion. Mr. Boyle stated that the motion is premature at this time. He said that study is necessary to prevent past mistakes. Mr. Johnson stated that the purpose of the motion was to create a concrete proposal which would stimulate discussion regarding this issue. Mr. Fernandez stated that the ordinance is to get the ball rolling. Mr. Bob Blum: Likes the idea and spoke about DRB's failure. Ms. Betty Lasch: Spoke about marketing of the Shores. Mr. Brian Gart: Spoke about working with the new Village Manager and moving ahead quickly. Mr. Tom McDermott: Spoke about a sign on 1-95. The vote was taken and was unanimous in favor. Mr. Fann stated that at this time there Is no Village Manager or acting Village Manager. Mr. Cook moved to place Discussion and possible action regarding appointing an Interim Village Manager on the agenda as an emergency item. Mr. Johnson seconded the motion and the vote was unanimous In favor. Mr. Cook moved to appoint Mr. Tom Benton as Interim Village Manager. Mr. Johnson seconded the motion. Mr. Fann stated that In the past the Interim Manager received the same pay as the Manager. Mr. Fernandez suggested that compensation be discussed at the next Council meeting. Mr. Benton stated that the appointment Is on an interim basis and that If the Council is not satisfied with his performance that he be reinstated In his present position at his current pay. The consensus of Council was to comply with Mr. Benton's wishes. The vote was taken and was unanimous In favor. Mr. Benton asked for a clarification on the search for a public relations firm that has been initiated. Mr. Fernandez stated that the Ideas that come from the public relations firms may be prevented from being used by the Village in the future. Mr. Boyle suggested putting the search on hold. The consensus of the Council was to postpone the search for a public relation firm. ITEM *12 ANNOUNCEMENTS Mayor Heffernan read the announcements. ITEM *13 PUBLIC COMMENTS Mr. Tom McDermott: Mr. TF Chambers: Mr. Les Forney: Spoke about the railroad crossing. Spoke about how nice the Shores looks. Spoke about Miami Shores Elementary School PTA. ITEM *14 COUNCIL COMMENTS Mr. Mike Boyle spoke about orientation with Village staff. Mr. Johnson stated that it was important to support the schools In Miami Shores. Mr. Cook spoke about the Code Enforcement Brochure. Mayor Heffernan spoke about Councllmembers attending advisory board meetings. ITEM *15 ADJOURNMENT The meeting was adjourned at 11:22 p.m. 4 Scott W. Davis Village Clerk 1:41: WIllIannJ Het'#_s ernan Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 "N.1 \1M1 1IR\I \\SMI .101)11 %%MF o4nsoh S f evet. Zo kn \l. 1111 IRI,' ,chore's COI S. 'T pp Y Q v� NAMEOI HOARD.COI NCII COMMIS:mu\. al INow IY i.R(O\1%I11?! aaat% IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting.`«ho :houid incorporate the form in the minutes. DISCLOSURE 'OF LOCAL OFFICER'S INTEREST 1. 5471-P v e ,71 in Son hereby disclose that on cfY 19 . (a) A measure came or will :ome before my agency which (check one) - inured to my special private gain: or - inured to the special gain of 7K'slit —Ho/'OO�BV✓l^4 �ilC � t , by whom [ am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 4sr re( 69-7 10 w 6iq" 7L0 Goit retc/0y- who is a c/ ien7 4974- i - ; r n i n W4ie J o V f 004 in Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FORM MB•141 PAGE