03-15-1994 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
MARCH 15, 1994
The regular meeting of the Miami Shores Village Council
was held on March 15, 1994, at Village Hall commencing at
7:30 p.m. with the following members present:
Present:
Mayor Heffernan
Richard Fernandez
Michael Boyle
Steven J. Johnson
Robert Cook
Also present: Michael R. Couzzo, Jr.
Scott W. Davis
Barbara Fugazzi
CONSIDERATIONS:
ITEM *1 VILLAGE CLERK: Mr. Scott Davis
A. MINUTES
Mr. Johnson moved to approve the minutes of the February 15,
1994 meeting. Mr. Cook seconded the motion and the vote was
unanimous In favor. The Village Clerk presented the minutes
from the following meetings and the Council acknowledged
receipt:
Planning and Zoning 2/10/94
Code Enforcement Board 2/3/94
Equity Study Committee 3/1/94
Pension Board Meeting 2/10/94
B. ORDINANCE AMENDING SECTION 16-21 (a): INCREASING NUMBER OF
MEMBERS ON RECREATION ADVISORY COMMITTEE FROM SEVEN (7) TO
NINE (9) IN NUMBER; PROVIDING THAT VACANCIES SHALL BE
FILLED IN SUCH A MANNER AS TO CREATE FIVE VACANCIES IN
ALTERNATE YEARS. PROVIDING EFFECTIVE DATE.
The Village Clerk read the caption of the ordinance.
Mr. Cook stated that perhaps this Ordinance was being brought to
the Council as a matter of course, because In fact there were
already nine (9) members on the Recreation Advisory Committee.
Discussion centered on whether or not there were Indeed nine (9)
members on the existing Committee. Mr. Cook asked that a
definitive answer as to the number of Recreation Advisory
Committee members be researched and If there are nine (9)
members at the present time, no notice for applications be
posted. Mr. Johnson moved to approve the Ordinance with the
provision that the number of current members be verified. Mr.
Cook seconded the motion and the vote was unanimous In favor.
C. RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA, EXPRESSING
OPPOSITION TO U.S. HOUSE BILL 3191 AND SENATE BILL 1405
REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993
AS CURRENTLY WORDED AND RECOMMENDING REVISIONS THERETO.
The Village Clerk read the caption and Mr. Couzzo reviewed the
background of the resolution. Mr. Fernandez reviewed the
resolution and recommended support of it. Mr. Johnson moved
approval. Mr. Cook seconded the motion and the vote was
unanimous In favor.
D. AN ORDINANCE AMENDING SUBSECTION (C) OF SECTION 18-49 OF
THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE; ADDING
FORMULA FOR CALCULATING RETIREMENT ANNUITY FOR POLICE
OFFICER WHO RETIRES OR TERMINATES EMPLOYMENT DURING THE
PERIOD FROM OCTOBER 1, 1993 UNTIL SEPTEMBER 30, 1994;
PROVIDING EFFECTIVE DATE.
The Village Clerk read the caption of the ordinance and stated
that per the last contract negotiation and subsequent settlement
with the police union, the retirement annuity would serve as the
second step Increase to 64% of base pay as the retirement
benefit. Mr. Cook stated that during the bargaining efforts,
the proposed Increase In benefit was negotiated In good faith.
Mayor Heffernan asked that information regarding the economic
implications on the budget be brought to the Council at the time
of the second reading. Mr. Johnson moved approval. Mr. Cook
seconded the motion and the vote was unanimous In favor.
E. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, FLORIDA; PROVIDING FOR A TEMPORARY EXTENSION OF
THE CABLE FRANCHISE AGREEMENT ADOPTED BY THE VILLAGE
COUNCIL PURSUANT TO ORDINANCE 407-78 & 512-88; AND
PROVIDING FOR AN EFFECTIVE DATE.
The Village Clerk read the Resolution and stated that as
proposed the resolution calls for a one hundred fifty (150) day
extension of the existing contract which expired March 21, 1994,
In order to provide the Village with ample time to negotiate an
equitable contract. Mr. Cook asked for clarification as to why
a contract and agreement had not already been reached, and what
efforts TCI had taken to reach an agreement. Mr. Couzzo stated
that he has advised TCI representatives that he wanted to
investigate further Into the franchising contract and would not
authorize use of the "short form" contract. Mr. Boyle asked
what would happen If the Council does not adopt the proposed
Resolution. Mr. Couzzo stated that he had asked TCI and that
they indicated that cable service would continue. Mr. Couzzo's
concern Is that If the Council does not formally extend the
existing contract, certain bargaining tools may be lost. Mr.
Fann indicated that by passing the proposed Resolution, the
contract would remain status quo for the period of time of the
extension. Mr. Fernandez expressed his concern with having the
extension set at 150 days and suggested the extension be 30 or
60 days, with the knowledge that the Council could, If
necessary, grant a further extension. Mr. Fann agreed that this
could be done. Mr. Johnson moved to approve the Resolution
with the change that It be for sixty (60) days Instead of 150
days and with the added proviso that any Increased revenues
under a new contract be retroactive to the original date of
termination. Mr. Boyle seconded the motion and the vote was
unanimous In favor.
ITEM *2: POLICE DEPARTMENT Chief Zoovas
Chief Zoovas gave a brief overview of the Items which he would
like considered for purchase out of Forfeiture Funds. The
total amount of funds requested for purchases Is $14,065.70. It
was stressed that these funds are derived from confiscations
during various police Investigations and subsequent arrests.
These funds are not provided by the Village, via tax dollars.
Discussions ensued regarding the request for funds for payment
of the Mobile Crime Watch Patrol Coordinator. It was the con-
sensus of the Council that funds to pay Lela Jacobson would con-
tinue for the next six months. Prior to the end of the six
months, Chief Zoovas will Investigate the possibility of having
a non -paid volunteer coordinate the Crime Watch Patrol
activities or consider offering this position as a nominally
paid position within the community. The other major Issue of
discussion was the request for funds for a second bicycle
patrol. Chief Zoovas stated that It Is very hard to measure the
success or failure of this particular position but stated that
based on the number of positive telephone calls his office has
received commenting on the visibility around the Village of the
officer, he would say that the position Is a success. Mr.
Couzzo concurred with the Chief's assessment. In response to a
question posed by Mr. Johnson, Chief Zoovas indicated that he
would not be transferring an existing officer to fulfill the
second bicycle patrol officer, he will be able to budget for a
34th officer for the Police Department. Mr. Johnson moved to
approve the funding of the requested Items from forfeiture funds
as outlined. Mr. Cook seconded the motion and the vote was
unanimous in favor.
ITEM *3 VILLAGE MANAGER Michael Couzzo, Jr.
Mr. Couzzo proposed that the Council approve a request from Mr.
Charles Kluck, Co -Chairman of the Taste of the Shores, that the
Village of Miami Shores co-sponsor the annual event and In addi-
tion, waive the cost of ancillary services such as police
coverage and public works barricades. Mr. Boyle requested a
decision of Mr. Fann as to the possibility of a conflict of
Interest due to his participation In the event. Mr. Fann
Indicated that as long as Mr. Boyle was not monetarily
compensated, there was no conflict of Interest. It was
explained that proceeds from the event went to the charity,
"Children's Genetic Disease Foundation" and that Mr. Kluck was
at the Council meeting on their behalf, serving as Co -Chairman.
A brief historical account of the Taste of the Shores from
inception was given. All members of the Council expressed their
support of the annual event and agreed that as The Taste of the
Shores has grown In scope to an approximate attendance of 10,000
people, there should be some tangible connection to the Village.
Discussion centered around general liability Issues and the
problem of responsibility If an accident should occur. Mr.
Kluck indicated that upon the request of Mr. Couzzo, the or
ganizers of the event had Increased their liability coverage
from $500,000 to $1 million to encompass set-up on Saturday and
throughout the day on Sunday. Mr. Fernandez Indicated that he
would feel more comfortable approving the venture If there was a
minimum of $2 million of coverage. Mr. Couzzo asked the Council
If there was a consensus that there be a minimum of $2 million
of aggregate coverage. The Council's reply was that that was
correct. Mr. Kluck stated In response to a question from Mr.
Cook that he is looking for the Village to co-sponsor the event
so that it Is not Just a big block party. Mr. Gary Kuhl stated
that In the future the sponsorship role would be taken out of
the hands of the Village and put In the hands of the Chamber If
they would like to have it. Mr. Fernandez moved that the
Village co-sponsor the Taste of the Shores event and waive the
fees for Public Works and Police services contingent upon a
showing of $2 million or more coverage. Mr. Johnson seconded
the motion and the vote was unanimous In favor. Mr. Couzzo
clarified that the cost of additional Insurance would be shared
by the Village. The Council agreed.
ITEM *4: ANNOUNCEMENTS
The Village Clerk read the announcements.
ITEM *5: PUBLIC COMMENTS
Ms. Loretta Olsen:
Mr. Ed Harrigan:
Donna Baxter:
Expressed her thanks for the air
conditioned bus which had been rented
for the senior citizen outing.
Spoke about the Forfeiture fund
expenditure request by Chief Zoovas.
Commended the Council on their
decision to co-sponsor The Taste of
the Shores.
ITEM *6 COUNCIL COMMENTS
Mr. Cook spoke about the reopening of the Tot Lot. He Indicated
that It Is a "first class" area In the community.
Mr. Johnson agreed with Mr. Cook's comments on the Tot Lot and
added that It Is a great community meeting place.
Mr. Boyle stated that he is Impressed with the new, prototype
police vehicle. He asked If the old style black and whites would
be repainted. Chief Zoovas indicated that through attrition, new
police vehicles would be delivered In the new colors.
Mr. Fernandez made an announcement that Miami Shores' residents
Carolyn and Gus Griffin recently purchased the Fish Peddler
restaurant which had Its grand re -opening on Saturday, March 12,
1994.
Mayor Heffernan stated that he has received numerous questions
with regard to the 96th Street railroad crossing. Mr. Couzzo
said that he will be In touch again with Metro -Dade Public Works.
They had submitted a drawing for consideration but it was not
acceptable. Mr. Couzzo Is awaiting the Metro -Dade Public Works'
new conceptual drawing. He will follow-up. Mayor Heffernan asked
about the status of the Park Ranger In reference to the position
duties. Mr. Couzzo stated that the Individual hired In the Park
Ranger position has been an asset to the community and Is working
out well. Mayor Heffernan Inquired as to the status of the fire
station protect. Mr. Couzzo stated that based on the information
he has., drawings should be out on March 25th and then should be
put out to bid. Lastly, Mayor Heffernan Indicated that
discussion on the Community Development and Marketing Plan which
was to be on tonight's agenda, was postponed until the April 5th,
1994 meeting.
ITEM *7: ADJOURNMENT
The meeting was adjourned at 9:12 p.m.
Scott W. Davis
Village Clerk
Ote.,
William J.
Mayor