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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