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05-18-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MAY 18, 1993 The regular meeting of the Miami Shores Village Council was held on May 18, 1993, at the Miami Shores Village Hall commencing at 7:32 p.m. with the following members present: Present: Also present: Mayor Heffernan Steven J. Johnson Robert Cook Richard Fernandez Tom Benton William F. Fann Scott W. Davis Absent: Michael Boyle Mr. John Davidson presented a flag to the Council for the Memorial Day celebration. Mayor Heffernan presented a proclamation to Tom Benton for Public Works Week. Mayor Heffernan and Lela Jacobson presented Mobile Patrol awards. ITEM *1 MINUTES Mr. Johnson asked that Item 11 In the Regular Council meeting minutes of 5/4/93 be amended by adding the following sentence: Mr. Johnson stated that the purpose of the motion was to create a concrete proposal which would stimulate discussion regarding this issue. Mr. Fernandez also asked that item *2 of the minutes be amended by inserting June 30th and In Item *3 that reference be made to his inquiring of Mr. Fann If it would be appropriate for him to vote on Planning and Zoning matters and Mr. Fann's response that it was ok to do so. Mr. Johnson moved that the minutes be approved as amended. Mr. Fernandez seconded the motion and the vote was unanimous in favor. Mayor Heffernan acknowledged receipt of the minutes from the following meetings: Recreation Advisory Committee 4/12/93, 5/10/93 Fine Arts Commission 5/11/93 Planning and Zoning Board 4/22/93 ITEM *2 APPOINTMENT TO THE PLANNING AND ZONING BOARD. Mr. Benton reviewed the background and stated that there Is 1 partial term vacancy as a result of Mr. Fernandez's election to Council and his resignation as Chairman of the Board. Mr. Cook stated that the P&Z Board Is a very Important board and moved to table the appointment for a couple of weeks to get more applicants. Mayor Heffernan passed the gavel to Mr. Johnson and seconded the motion. Mr. Johnson passed the gavel back to Mayor Heffernan and the vote was taken and was as follows. Cook - Yes Heffernan - Yes Fernandez - No Johnson - No The motion failed. Mr. Louis Imburgia and Mr. Charlie Smith both spoke on their own behalf. The vote was taken by paper ballot and was as follows: Cook, Johnson, Fernandez - Smith Heffernan - Imburgia Mr. Smith was appointed to the Board. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE CLOSURE OF RAILROAD CROSSING ON GOLF COURSE. Mr. Benton reviewed the background and stated that the cost to replace the crossing Is $26,500. He proposed the following: 1. The Village will participate In the cost associated with the crossing upgrade, not to exceed 25% of the total cost or approximately $6,625. 2. The Village will provide the 15 ft. easement re- quested by South Florida Water Management District on both sides of the canal, with a proviso that the South Florida Water Management District does not construct any road structure or object within that easement that would Interfere with the play of the golf course as it currently exists today. They would also agree, in turn, not to use this easement unless the railroad crossing is permanently removed. 3. PCM and South Florida Water Management District would then be responsible for splitting the remaining costs between themselves as they see fit. 4. PCM would then be required to execute a new License Agreement between themselves and FEC should FEC require it. 5. In the event that PCM or the South Florida Water Management District fall to agree on this Issue by the June 1st Imposed deadline by FEC, he would ask that the Council grant him the authority to authorize FEC to proceed with the necessary upgrade at Village expense at which time we will seek whatever remedies are available to us under our Lease Agreement with PCM to recover our costs. Mr. Johnson moved to accept the Village Manager's proposal as outlined in his Report to Village Council dated 5/13/93, subject Country Club Railroad Crossing. Mr. Cook seconded the motion and complimented Mr. Benton on his report. Mr. Fernandez stated that he was confident that the Village would win in arbitration due to the Village's strong position. He stated that If PCM falls to pay for the crossing it would be a breach of contract. Mr. Fann stated that he wanted to reinforce the Manager's position that the Village should guarantee payment to FEC for the cost of construction. Mr. Fernandez stated that he was not In favor of giving up the easement. He read the following: Direct the Village Manager to protect the Interests of Miami Shores In the future use of the FEC crossing. That PCM, the FEC and SFWM district shall have until May 26, to come to an agreement concerning who shall pay the costs of the required changes to the crossing. The Village as their part shall be willing to grant the 15 foot easement requested by SWFMD, pursuant to VM's proposal *2. Should the parties be unable to reach an agreement, then, In that case, the Village Manager 'may participate to effect the necessary crossing changes up to 25% of the total cost, not to exceed $6,625 and grant the 15 foot easement as previously recited. The VM shall then, In that case, on the date of payment and conveyance of the easement give notice to PCM as to their breach of contract. Mr. Fann stated that the Village cannot grant the easement with out PCM's cooperation. Mr. Benton stated, In response to a question from Mr. Cook, that the Village will have to pay $6,625 out of pocket. Mayor Heffernan clarifled that the Village may have to lay out $26,500 and collect from the other parties at a later date. Mr. Johnson stated that the authority must be granted to FEC by the end of May and that the decision must be made at tonight's meeting. Mr. Fernandez stated that he was not In favor of spending $6,625. The vote was taken and was as follows: Johnson - Yes Heffernan - Yes Cook - Yes Fernandez - No The motion carried. ITEM *4 A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL PERTAINING TO LIMITATIONS ON THE ACTIVITIES OF COMMITTEES AND BOARDS ESTABLISHED BY ORDINANCE OR COUNCIL RESOLUTION. Mayor Heffernan read the caption of the resolution and Mr. Benton explained the background. Mr. Fernandez asked Mr. Fann If this resolution prevents P&Z expressing the policy of the Board. Mr. Fann replied that that would be ok. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM *5 AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION 18-47 AND SUBSECTION (c) OF SECTION 18-49 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE; DELETING MAXIMUM AGE LIMITATION FROM PENSION PLAN AND ADDING FORMULA FOR CALCULATING RETIREMENT ANNUITY FOR POLICE OFFICER WHO RETIRES OR TERMINATES EMPLOYMENT DURING THE PERIOD FROM OCTOBER 1, 1992 UNTIL SEPTEMBER 30, 1993; PROVIDING EFFECTIVE DATE. Mayor Heffernan read the caption of the ordinance. Mr. Benton explained the background and recommended approval. Mr. Johnson so moved. Mr. Fernandez seconded the motion and the vote was unanimous in favor. ITEM *6 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 INSTALLATIONS 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 and Mr. Benton reviewed' the background. Mr. Johnson moved approval. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING HURRICANE PREPAREDNESS FOR THE VILLAGE. Mr. Fernandez reviewed the background and asked Mr. Benton where the Village stands financially and with planning regarding hurricane preparedness. Mr. Benton stated that the Village has been planning along with Dade County since Hurricane Andrew. He stated that there is: $600,000 In the hurricane fund Lines of Credit with 2 banks Names of suppliers are on file Newsletter going out to residents with hurricane Preparedness tips and Information. Mr. Benton stated that the Village is working closely with Dade County and the staff is working on the Village's Hurricane Plan. Mr. Fernandez stated that the recommendation of the P&Z Board Is to have 1.8 million dollars in reserve for a hurricane. ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING ELECTION REFORM. Mr. Cook reviewed the history of the appointment of the Mayor and Vice Mayor for the Village. He suggested that the Mayor and Vice Mayor be appointed in the 2nd half of their 4 year term. He also proposed that as a transition period that Mayor Heffernan become Vice Mayor for 1 year and Vice Mayor Boyle become Mayor. This would occur after Mayor Heffernan's current term as Mayor. Mr. Fernandez stated that it would take a Charter change to Implement Mr. Cook's plan. Mr. Cook stated that a Charter change would not be necessary. Mr. Fann stated that the Council is dealing with a tradition and that it can be changed; however it can be changed back at any time. Mr. Fernandez stated that more time should pass and then revisit the Issue. He stated that he supports the transition proposal. Mr. Johnson also stated that more time should pass. He stated that if the terms were In the 2nd year that momentum would be lost from the campaign. He suggested the middle 2 years. Mr. Fann stated that the Mayor's position Is purely ceremonial. ITEM *9 ANNOUNCEMENTS Mayor Heffernan read the announcements. ITEM *10 PUBLIC COMMENTS Ms. Loretta Olsen Complimented Mr. Benton on cleaning the alleys. She also spoke about excessive speed In the Village. ITEM *11 COUNCIL COMMENTS Mr. Cook spoke about reading at the elementary school. Mr. Johnson spoke about the Shores Theater. Mayor Heffernan congratulated the PTA and spoke about the budget workshops. ITEM *12 ADJOURNMENT The meeting was adjourned at 8:58 p.m. Scott W. Davis Village Clerk 40:4 /( William J. He f nan Mayor