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10-19-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING OCTOBER 19, 1993 The Regular Council meeting of the Miami Shores Village Council was held on October 19, 1993, at the Miami Shores Village Hall commencing at 7:33 p.m. with the following members present: Present: Mayor Heffernan Robert Cook Richard Fernandez Michael Boyle Steven J. Johnson Also present: Tom Benton Scott W. Davis Mayor Heffernan presented a proclamation to Mr. Don Lockwood, owner of Greenspot Bike Shop. ITEM *1 MINUTES Mr. Johnson moved approval of the minutes from the Regular Council meeting of 10/5/93. Mr. Boyle seconded the motion and the vote was unanimous In favor. Mr. Johnson moved approval of the minutes from the Special Council meeting of 9/22/93. Mr. Boyle seconded the motion and the vote was unanimous In favor. Mayor Heffernan acknowledged receipt of the minutes from the following meetings: Recreation Advisory Committee 9/13/93 Planning and Zoning Board 9/23/93 Code Enforcement Board 9/2/93 ITEM *2 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 and Mr. Benton reviewed the background. Mr. Benton recommended approval. Mr. Swarthout from Robert K. Swarthout Inc. reviewed the amendments to the Comprehensive Plan. Mr. Cook moved approval and Mr. Johnson seconded the motion. Mr. Cliff Shulman, representative for Biscayne Kennel Club, gave a brief presentation In opposition to the amendments to the Plan and asked Council not to adopt the amendments. The vote was unanimous in favor. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING APPLICATION FOR FEDERAL GRANT TO HIRE ADDITIONAL POLICE OFFICERS. Mr. Benton reviewed the background and stated that at the end of three years the Village will have to fund the officers because the Village will have to commit to continue to employee the officers hired through this grant program. He stated that the cost will be over $450,000. He strongly recommended that the Village refect the program and not apply for the grant. Chief Zoovas stated that he concurs with Mr. Benton not to apply for the grant. Mr. Fernandez stated that the VIIIage may not have to continue to employ the officers after the end of the program. Mr. Cook stated that if the Village Manager and the Chief concur that the grant not be applied for then the Council should move on to the next item. Mr. Boyle spoke about cuts In Federal Agencies and Increases in local law enforcement areas. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING THE EXPENDITURE OF $5,342 IN FORFEITURE FUNDS FOR THE PURCHASE OF VARIOUS POLICE RELATED ITEMS. Mr. Fernandez declared a conflict due to his serving on one of the Boards of Directors of one of the requests. Mr. Benton reviewed the background and recommended approval. Mr. Cook discussed the use of forfeiture funds and where the funds come from. Mr. Benton explained the request for sending underprivileged kids to Disney. Chief Zoovas explained the request for Crime Stoppers. Mr. Boyle spoke about the good work provided by Crime Stoppers. Mr. Johnson moved approval. Mr. Cook seconded the motion and the vote was all In favor with Mr. Fernandez abstaining. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING THE AWARD OF BID TO SERVICE STATION AID FOR REMEDIAL ACTION FOR FUEL LEAK BEHIND FIRE STATION. Mr. Benton reviewed the background and stated that the request is for funding not to exceed $44,385.76. He recommended retaining Service Station Aid to perform the necessary service. Mr. Boyle asked if the funds were In the budget. Mr. Benton replied that $80,000 Is in the budget for the entire protect of which the request Is the first part. Mr. Fernandez stated that the request Is for waiver of bid and award of bid to Service Station Aid. Mr. Boyle moved approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION CONCERNING INCREASING THE NUMBER OF MEMBERS ON THE RECREATION ADVISORY COMMITTEE. Mr. Fernandez reviewed the background and proposed increasing the committee membership to 9 members. Mr. Fernandez moved to direct the VIIIage Attorney to prepare the necessary documentation and procedure to Increase the number of board members on the Recreation Advisory Committee to nine. Mr. Johnson seconded the motion. Mr. Fernandez stated that more community involvement is a good Idea to get more input. Mr. Johnson stated that more members would enhance the operation of the Committee and it would be good to have an odd number of members on the Committee. Mayor Heffernan stated that there are lots of people who are Interested in serving on the Committee and expanding the Committee would help the Village. Mr. Cook suggested going back to the Recreation Advisory Committee to get their recommendation. Mr. Fernandez suggested moving forward with the motion and then speak to the Committee. The vote was unanimous In favor. ITEM *7 DISCUSSION AND POSSIBLE ACTION CONCERNING INCREASING THE NUMBER OF MEMBERS ON THE FINE ARTS COMMISSION. Mr. Fernandez Introduced the Item. Mr. Cook suggested letting the Fine Arts Commission make recommendations on the number of members. Mr. Johnson moved to direct the Village Attorney to prepare the necessary documentation to establish the Commission at Its current level. Mr. Fernandez seconded the motion. Mr. Prospero Herrera stated that the current level Is nine. The vote was unanimous in favor. ITEM *8 DISCUSSION AND POSSIBLE ACTION REGARDING PLANNING AND ZONING APPEALS TO COUNCIL. Mr. Fernandez Introduced the Item and reviewed the history of the Planning and Zoning Board. He reviewed how P&Z items come to Council and the burden on the Chairman. He stated that the process should be changed when appeals come to Council. Mr. Fann stated that he has always objected to the Chairman of the P&Z Board coming before the Council on appeals. Mr. Fernandez proposed requiring a record of the P&Z Board proceedings for an appeal to be heard by Council. Mr. Fann stated that the current procedure Is not proper. He stated that a record should be required and the petitioner should tell the Council how the P&Z Board erred. Mr. Boyle stated that a petitioner would have to hire a court reporter whenever they go before the P&Z Board. Mr. Johnson stated that It could place a financial burden on an applicant for an appeal. He stated that In the vast majority of the appeals the Council does not overturn the decision of the P&Z Board. Mr. Cook stated that It takes at least a 4 to 1 Council vote to overturn a P&Z Board decision. He stated that everyone has the right to appeal; however, an appeal can open up the door to other similar actions. He stated that a record should be required. Mr. Fann stated that the record can be In written form from a court reporter or video form. Discussion ensued as to what is an appeal and what Is a request for a variance. Mr. Cook suggested a written form to advise that a record Is necessary for an appeal to Council. The majority of Council was in favor of strictly following the policy on appeals requiring a written record and to direct staff to develop a policy to implement the Intent. Mr. Fernandez moved to place on the agenda on an emergency basis the following Item: A RESOLUTION OF THE VILLAGE COUNCIL OF THE CITY OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE FILING OF A CERTIFICATION REQUEST WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO REGULATE BASIC CABLE TELEVISION RATES; AND AUTHORIZING THE FILING OF COMPLAINTS FOR OTHER TIERS OF SERVICE. Mr. Cook seconded the motion and the vote was unanimous In favor. Mr. Benton reviewed the background and requested that the Council allow him to certify the Village to regulate basic cable rates. He stated that It would mean that before TCI could go before Miami Shores residents and raise rates that they must first Justify to the Village, the franchising authority, as to why they need to raise the rates. Mr. Fann stated that he concurs with Mr. Benton's request. Mr. Johnson moved approval of the resolution. Mayor Heffernan read the caption of the resolution. Mr. Fernandez seconded the motion and the vote was unanimous In favor. ITEM *9 ANNOUNCEMENTS Mayor Heffernan read the announcements. ITEM *10 PUBLIC COMMENTS Mr. Mike Maguire: Mr. Ed Harrigan: Spoke about public comments. Spoke about the presence of a uniformed officer at Council meetings. Mr. Brian Smith: Spoke about the amendments to the Comprehensive Plan. ITEM *11 COUNCIL COMMENTS Mr. Fernandez thanked Mr. Tom Laubenthal for serving on the P&Z Board. He also spoke about a newsletter and that the author should get their facts straight and sign their name. Mr. Cook spoke about the Gratney Elementary School expansion. He recognized Mr. Laubenthal for of his efforts. He spoke about an article In Miami Today. He also thanked Mr. Benton for everything that he has done over the past 8 months. Mr. Johnson spoke about the play Chaplin showing at the Shores Theater. He extended his gratitude to Mr. Laubenthal and Mr. Benton on behalf of the Village. Mr. Boyle spoke about a workshop from the Dade League of Cities on the child care Issue. He spoke about a newsletter article regarding the Village Clerk and thanked Mr. Benton for his help as a Council person especially In the budget process. Mayor Heffernan thanked Mr. Benton for his thoughtfulness and concern. He also announced that the Village received the Certificate of Achievement in Financial Reporting and spoke about the good work of Ms. Patti Varney In receiving that award. ITEM *12 ADJOURNMENT The meeting was adjourned at 9:20 p.m. Scott W. Davis Village Clerk 14740 1( J Hef nan Mayor 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. 'ou should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the rninut:� f the meeting. who should incorporate the form in the minutes. DJISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain: or inured to the special gain of -�� (b) The measure before -my agency and the nature of my interest in the measure is as follows: Lie l9 by whom I am retained. Date Filed GP� C. Cr. rY� c,_ c_..i S TICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED ...SCLOSURE 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 n8. I.91 PAGE FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL- PUBLUC -OFFICERS \N.1 NNW 11101 \ NMI M11)I)1 \ %ME 171, z C./ l r + ,�C�� tl til 1\l• \131+1(1,.. C I)tltIF O\ %%Hll H tt,IF telt ROI') SAME Oh BOARD. COIV('I1 COMMISSIO\ a ORIlY i)kC()Mttl!1!! 11 _a CO( _Te I HE BOARD. COI %eII . COMMJSSIO\ 11 1 HORI1ti OR ('OM .sIl TEE •,t WHICH I SERVE IS A l \I1 Of CITY 7 (01\1'Y OIHER i0C\I •tt,F\lt SAME 01- 17..)I ITICAI \l BUILI,! I/J, ,9 42 01 I`o r.9gC ITIOIS: MY POS 4 �el XE1 ECTI%E = APPOI\ 11t E WHO MUST FILE FORM 88 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 tary 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 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. 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. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH' THE VOTE WILL BE TAKEN: • You 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 f•UR NA .B. 1•4I PALE