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07-20-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JULY 20, 1993 The regular meeting of the Miami Shores Village Council was held on July 20, 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 Robert Cook Richard Fernandez Michael Boyle Tom Benton William F. Fann Scott W. Davis ITEM *1 MINUTES Mr. Fernandez moved approval of the minutes from the Regular Council meeting of 7/6/93. Mr. Johnson seconded the motion and the vote was unanimous In favor. Mr. Johnson moved approval of the minutes from the Budget Workshops of 7/12/93, 7/13/93 and 7/14/93. 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 7/7/93 Planning and Zoning Board 6/24/93 ITEM *2 PLANNING AND ZONING ITEM: A. Site plan approval for County Fire Station. Mr. Benton reviewed the background and the history of the Item. Mr. Cook stated that he would abstain from voting due to his company intending to be on the bid list for the construction of the new station. Mr. Gianni Lehmann represented the County. Item *2 was tabled until later in the meeting due to the County Architect not being present. Mr. Johnson made a presentation regarding the Village Manager Search Committee. Mr. Boyle stated that it was not significant to rate the final three candidates. Mr. Cook stated that he does not want to be prejudiced by a ranking. Mr. Fernandez stated that he agrees with Mr. Boyle regarding ranking of the final candidates. Item *2 was heard at this time. Mr. Tom Laubenthal, Chairman of the P&Z Board, spoke about CF designation In a B1 district. He reviewed the site selection background and stated that the current proposed site Is the best site available. Mr. Lehmann stated that the County Is going out for bid In September, will break ground in October and complete the project in 6-7 months. Mr. Fernandez stated that he was concerned that the property will be taken off the tax rolls. He asked if the Village is getting a wish list In return from the County. Mr. Benton replied no. Mr. Fann stated that the Village agreed to provide a new site at Village expense. He said that the County Is waiving that part of the contract. Mr. Benton reviewed the history of the Fire Department In Miami Shores. Mr. Fernandez asked about sirens and horns and when they would be used. Mr. Lehmann stated that the sirens are only used when necessary. Mr. Johnson stated that he was originally opposed to the present proposed location but now thinks the new station Is a great Idea. He also stated that his original opposition was due to the property coming off the tax rolls. Mr. Fernandez moved for approval of the recommendation of the P&Z Board to approve the site and Mr. Johnson seconded the motion. Mr. Boyle asked If the Fire Department will have the same equipment at the new station. Mr. Lehmann replied, yes. Mr. Mike Maguire: Asked about a traffic study at the intersection. The vote was all In favor of the motion with Mr. Cook abstaining from voting due to his stated conflict. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING THE LEASING OF THE 5 ACRES NORTH OF THE COUNTRY CLUB. Mr. Boyle Introduced the Item and made a presentation regarding leasing the 5 acres to Cushman School and how the process proceeded at a previous meeting. He stated that he does not feel that it is a proper method to conduct business without previous background information being sent to Council before the meeting. Mr. Boyle asked for a consensus of Council on this matter so as to avoid the problem In the future by providing background information, and also that any type of Council action is held In abeyance until the Council has a chance to reflect on the Issue. Mr. Cook stated that he was not In favor of the suggestion. He gave the example of emergency items that come before Council from time to time. He spoke about the Sunshine Law and stated that he was in favor of Cushman School leasing the land if it Is the right thing. Ms. Joan Lutton stated that there was no proposal formulated before the last meeting. Mr. Johnson stated that he agrees with Mr. Boyle and that it would be helpful to get additional information in the packet. He stated that Council members that sponsor an Item should Instruct the Village Manager to Inform other Council members of what the Item Is about. Mayor Heffernan stated that he agrees with Mr. Boyle that Council members should get sufficient information to the Village Manager so that the Council members can receive as much information as possible before the meeting at which an Item will be discussed. Mr. Boyle stated that all he Is looking for is either on the agenda or In a memo one or two sentences so that Council knows what is going on. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING ENTRANCE AND BEAUTIFICATION OF 103RD STREET. Mr. Benton reviewed the background, made a presentation and showed conceptual drawings for an entrance way on 103rd Street. He reviewed County requirements and stated that residents will no longer be able to park In front of their homes on 103rd Street from NW 2nd Avenue to N. Miami Avenue. He stated that DOT has not yet approved the plan. Mr. Fernandez stated that It appears to be a planning matter and he suggested having P&Z bring in the Beautification Committee to have a meeting to review the plans. Mr. Cook stated that he has a problem with stamped concrete because the color Is only surface deep and that the concrete will crack. He also stated that the stamped concrete was eliminated from the original project and from the budget. Mr. Fernandez stated that he Is concerned with the order of how the protect Is progressing. He stated that it should go to P&Z first then to Council for approval. Mayor Heffernan stated that it was not a zoning issue. Mr. Fernandez stated that P&Z deals with traffic and land use. Mr. Benton stated that stamped concrete has been used in other communities and has stood up well. Mayor Heffernan asked If the stamped concrete will be for beautification only, or will it reduce speed. Mr. Benton stated that it will not reduce speed. Mr. Johnson stated that he likes stamped concrete but that he was also concerned with the same things that Mr. Cook mentioned. Mr. Johnson stated that it would be most productive to have a Joint meeting with P&Z and the Beautification Committee. Mr. Fernandez moved that the matter be placed with the Planning Board for consideration and advice, with the Beautification Committee to act In an advisory capacity and that public notice be given and public Input be sought. Mr. Johnson seconded the motion. Mr. Boyle suggested that it be placed on a fast track basis for P&Z. Mr. Johnson stated that the timing for Public Works is Important so that the work can be completed during the winter months. Mr. Tom Laubenthal stated that the P&Z Board can get to this issue by August or September. The vote was unanimous in favor. ITEM *5 A RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL OBJECTING TO PROPOSED ORDINANCE OF METROPOLITAN DADE COUNTY, FLORIDA, AMENDING SECTION 33-151.11 OF THE COUNTY CODE; IMPOSING UNIFORM ZONING STANDARDS FOR DAY NURSERIES, KINDERGARTENS AND AFTER SCHOOL CARE AND PROHIBITING MUNICIPAL STANDARDS IN CONFLICT WITH OR IN ADDITION TO UNIFORM STANDARDS. Mayor Heffernan read the caption of the resolution. Mr. Benton explained the resolution and recommended approval. Mr. Fernandez moved for approval and Mr. Cook seconded the motion. Mr. Boyle suggested that the Dade League of Cities be utilized to oppose the County ordinance. Mr. Fernandez suggested that the Mayor contact County Representatives to express Miami Shores views on the ordinance. The vote was unanimous In favor and the motion carried. ITEM *6 AN ORDINANCE AMENDING SECTION 216 OF ORDINANCE NO. 270, BEING THE ZONING ORDINANCE OF MIAMI SHORES VILLAGE, RESTATING THE MEANING OF THE WORD FAMILY AS USED IN SAID ORDINANCE. Second and Final Reading. Mayor Heffernan read the caption of the ordinance. Mr. Benton reviewed the ordinance and recommended approval. Mr. Fernandez moved for approval. Mr. Boyle seconded the motion and the vote was unanimous In favor. ITEM *7 ANNOUNCEMENTS Mayor Heffernan read the announcements. ITEM *8 PUBLIC COMMENTS Mr. Mark Piper: Ms. Margaret Burch: Spoke about 103rd Street entrance. Stated that all residents In the NW section are affected by the 103rd entrance and they should have an opportunity to attend the hearing. ITEM *9 COUNCIL COMMENTS Mr. Fernandez spoke about an advertisement In the Miami Review by Charlie Smith. Mr. Boyle expressed appreciation to Mr. Benton and Ms. Varney for their work In the budget process. He also spoke about the police budget and health Insurance, the elementary school classrooms at Barry and Barry advertising that they are In Miami Instead of Miami Shores. Mr. Johnson stated that he was proud to be a resident and a business owner In Miami Shores. Mr. Cook spoke about the Transportation Utility District. Mayor Heffernan asked residents to come to the budget hearings. ITEM *10 ADJOURNMENT The meeting was adjourned at 9:22 p.m. By: Scott W. Davis Village Clerk William J. e He n Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC -OFFICERS 1 1.1 \ ‘MI 1110.1 \ \tII blUl)l 1 \ VOF Ii I\(, N1111kl7.•� 14 ,E, I\\ NAME Oh HOARD. C01 NC'II . COMMIS:W% Al. I MAI t)k (OM All I (; t ra trnt ItavA.t J Sr,, ov. c (OI \1Y t HE HOARD COl \CII . COMMISSION At t HORIIY OR t'nt/ttll IFF WHICH I NERVE IS A I NIT Oh CITY COC NO = 01 HER t 0(. \1 \( F\( t I)11F 0\WHI(H \WE- ttlt 1 kkhl) N AME OF POI ITICAI .1 KW. ISlON MY POSITION IS: EIECM, E APPOI.tIAE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council. commission. authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented With a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal. or ocher local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH fE VOTE WILL BE TAKEN: - t'ou should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting. who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ( E 1-(0( 1.1 •H . 1.41 PaL.E 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 minute of the meeting. who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) measure came or will come before my agency which (check one) inured to my special private gain: or 19 inured to the special gain of , by whom I am retained. (b) The measure before -My agency and the nature of my interest in the measure is as follows: C.0 e, h=, (-7 n7 pp r _4 frd Date Filed 0A- • A2 , E . C? _i= aF=� � °f -- r='a 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 55,000. CE FORM MB- 141 Pac,E