04-05-1994 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
April 5, 1994
The regular meeting of the Miami Shores Village Council
was held on April 5, 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 A. Fugazzi
PRESENTATIONS
Village Clerk, Scott Davis, presented the Mayor and Council with
their annual $1.00 checks, along with commemorative plaques
depicting the checks.
CONSIDERATIONS:
ITEM *1 VILLAGE CLERK: Mr. Scott Davis
A. MINUTES
Mr. Boyle requested that a correction be made on the March 15,
1994 minutes, page 3, paragraph 2, following "set up on Saturday
and throughout the day on Sunday. Mr. Boyle. . n This should
read "Mr. Fernandez indicated" . . . Mr. Fernandez then requested
correction to the same sentence, deleting the word "joint". Mr.
Boyle moved to approve the March 15, 1994 minutes with the above
changes. Mr. Cook seconded the motion and the vote was unanimous
In favor. The Village Clerk presented the minutes from the follow
meeting and the Council acknowledged receipt:
Planning and Zoning 2/24, 3/10/94
B. 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.
Mr. Cook reiterated the fact that this provision was agreed to
during previous contract negotiations between the Village and PBA
representatives. He indicated that this was done In good faith
and that the Ordinance should be passed. Mr. Johnson moved
approval. Mr. Cook seconded the motion and the vote was unanimous
In favor.
ITEM *2 POLICE DEPARTMENT: Chief Zoovas
Chief Zoovas stated that per Florida State Statutes, 15% of
collected forfeiture funds must be donated to charity. He has
come before the Council requesting approval for donations to the
following:
Crimewatch of Dade County $1,000.00
Informed Families of Dade County $2,000.00
All Police Charities $1,000.00
Chief Zoovas gave a brief description of the works of each
charitable organization. Mr. Fernandez stated that he sits on the
Executive Board of the Crime Watch of Dade County but receives no
monetary compensation for doing so. Mr. Fann indicated there was
no conflict. Mr. Cook asked If the $4,000 proposed donations
equals 15% of the forfeiture fund. Chief Zoovas indicated the
$4,000 did not equal 15% and that he would be back before the
Council at a later date to request further charitable contribu-
tions. Mr. Boyle requested that approval or disapproval be done
on an Individual donation basis because approving or disapproving
on a "laundry list" becomes difficult. The Council indicated that
this would not be a problem and advised Chief Zoovas that effec-
tive tonight, his forfeiture requests would be considered on an
Individual basis. Mr. Johnson moved to approve the $1,000
donation to Crime Watch of Dade County. Mr. Cook seconded the
the motion and the vote was unanimous, In favor. Mr. Johnson moved
to approve the $2,000 donation to Informed Families of Dade
County. Mr. Cook seconded the motion and the vote was unanimous,
In favor. Mr. Johnson moved to approve the $1,000 donation to All
Police Charities. Mr. Cook seconded the motion and the vote was
unanimous, In favor.
ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING A RESOLUTION IN
SUPPORT OF CASINO GAMBLING AT PARIMUTUAL FACILITIES AND CREATION
OF FINANCIAL REMUNERATION TO MUNICIPALITIES IMPACTED BY CASINO
GAMBLING. Mayor Heffernan stated that this Item was placed on the
Agenda for discussion purposes. He Indicated that he Is not
necessarily In support of casino gambling but shares the concern
of the City of Hallendale that If gambling is Indeed approved In
some form, and If the Biscayne Kennel Club Is approved as a
location for a type of gambling, Miami Shores ensures that
revenues are received to at least cover the costs associated with
providing essential services. He further stated that he wished to
have all Council members Informed on current developments
regarding legislature. Mr. Fernandez stated that he thought it
wise to bring this topic to the table at this time; however, he
does not feel that as the Village codes are written, the dog track
would automatically be able to house casino gambling. Mr. Fernan-
dez suggested that the Hallandale resolution be given to Mr. Fann
to rewrite the document, deleting references to the support of
casino gambling. Mr. Boyle, for the benefit of the public who did
not have the document, did a brief overview of the package. Mr.
Fernandez stated that there are plusses and minuses with casino
gambling. Mayor Heffernan reiterated that, at this point in time,
this topic was for discussion and information purposes only.
ITEM *4 DISCUSSION OF FUTURE CONSIDERATIONS FOR THE VILLAGE OF
MIAMI SHORES. Mr. Fernandez presented the Item and stated that he
had two matters to discuss. Charter reform and expanding the
influence of Miami Shores to surrounding unincorporated and
Incorporated areas through selling or merger of services,
annexation or re -incorporation. Mr. Fernandez stated that he
presented these Items as discussion Items only, without
opportunity for action at this time. That he presented the
matters In this fashion In order to foster further discussion,
communicate information he had learned while attending Dade League
of Cities meeting; and, comply with the restrictions placed on
elected officials by the Sunshine Law. Regarding Charter review,
Mr. Fernandez stated that areas that should be looked at are:
qualifications for Council members, election of Mayor, terms of
office, method for recall and referendum, compensation of Council,
roll of the Village Attorney and Village Manager, and other areas.
Mr. Cook reviewed the current term limitations of Council and
stated that it is a maximum of 8 years. Mr. Boyle stated term
limitations were declared unconstitutional by case law, In another
State. Mr. Fernandez suggested that the Issue should be brought
back at a later meeting to appoint a committee to review the
Charter and make recommendations to Council. Mr. Fann stated that
the Charter does not have to be amended for some of the Issues
that Mr. Fernandez discussed. He stated that the Council can enact
ordinances to make changes In areas otherthan the form of
government. Mr. Johnson stated that the Council should take a
closer look at the Charter. Mr. Fann stated that the last time it
was reviewed was In 1974. Mr. Cook suggested having staff look at'
the Charter to deal with the obvious housekeeping Items that need
to be changed; however, an In depth look at the Charter Is not
necessary at this time. Mr. Boyle spoke about the fact that the
Charter does not address residency requirements of Council
memebers. Mayor Heffernan reviewed the Charter review process.
Mr. Fann stated that Items that cannot be changed by ordinance
must be changed through the Charter review process and go before
the residents In the form of a referendum.
Mr. Fernandez Introduced the second portion of this Item. He
proposed for discussion, expanding the Influence of Miami Shores
to the unincorporated and Incorporated areas surrounding Miami
Shores Village. It was suggested by Mr. Fernandez, that Miami
Shores should renew exploration of ideas under prior Councils, and
responsibly explore the Issues of selling services to the
surrounding Incorporated and unincorporated areas, that is,
police, garbage and trash, and code enforcement; as well as
consider the possibilities of merger of services, annexation and
reincorporation. He stated that the County Is unable to provide a
high level of service to the local areas. He described the limits
of Miami Shores and described how the Village Is surrounded by
County property. Mr. Fernandez stated that In the future, If
changes in County government were to come about as proposed by
Maurice Ferre and others, that Miami Shores Village could well be
told what their future boundaries will be, or, be competing with
better prepared communities for the same preferable properties.
That Miami Shores Village and the surrounding communities should
consider and begin discussing what Is best for their future and
mutual interests. Mr. Johnson stated that the only prudent course
of action is to look at future expansion of the Shores. Mayor
Heffernan stated that new source of revenue is significant through
expansion. He stated that the Village must be very careful of how
the Issue is presented to other communities. Mr. Boyle stated
that the identity of Miami Shores will be forever changed and that
there will be plusses and minuses. He stated that the level of
annexed areas will not come up to the level of Miami Shores and
that there will be a levelling effect. He also stated that he
will work very strongly to put the marketing plan on hold If the
Council pursues totally changing Miami Shores. He stated that
there are long range ramifications and the Council must be very
select and maintain an Image of the community. Mr. Fernandez
stated that the plan Is not a land grab and will take place over a
long period of time. Mr. Boyle stated that it could be done;
however, he asked should It be done.
ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE
LOCATION OF THE APRIL 19TH REGULAR COUNCIL MEETING TO MIAMI SHORES
ELEMENTARY SCHOOL. Mr. Fernandez Introduced the item and stated
that it would be an opportunity to use TCI and their camera to
"show case" some to the tremendous changes that they have at the
school. Mr. Fernandez moved that the Council has its next meeting
on April 19th at Miami Shores Elementary School at 7:30 p.m. Mr.
Boyle seconded the motion and the vote was unanimous, In favor.
ITEM *6 ANNOUNCEMENTS:
The Village Clerk read the announcements.
ITEM *7 PUBLIC COMMENTS
Mr. Carl Commisisong: Spoke about code enforcement In his
area and violations that are not
being corrected.
Mr. Couzzo responded to questions about code enforcement on the
west side of the Village.
Mr. Ed WoJack: Spoke about gambling in the Shores
and uses of the Dog Track.
Ms. Courtney Heffernan: Spoke about her concerns with the
environment and trash In the Village.
Ms. Christina Imbergla: Also spoke about her concern with the
environment and outsiders ruining the
environment In the Shores.
Mr. Joe Dougoni: Spoke about Crime Watch and
suggested funding a Coordinator.
Mr. Ed Harrigan: Spoke about putting the marketing
plan on hold. He read a real estate
ad that was put In the paper by
Charles Smith.
Mr. Michael Maguire: Spoke about schools In Miami Shores
and annexation of Davis Harbour.
Mr. Bill Herrera: Concerned with code enforcement In
the NW section of the Shores. He
stated that the code should be given
to new residents.
Ms. Susan Sutherland: Spoke about parking on her property
near the tot lot. Requested new
signs.
ITEM *8 COUNCIL COMMENTS
Mr. Boyle spoke about the Taste of the Shores and attendance at
Village meetings.
Mayor Heffernan spoke about Barry University HUD Grant and their
request for a letter of support. The consensus of Council was to
not provide a setter of support for the grant. He also spoke
about the marketing plan being discussed at the first meeting In
May.
ITEM *9 ADJOURNMENT
The meeting was adjourned at 10:12 p.m.
By:
Scott W. Davis
Village Clerk
Zaasz
Wi l I iam J. e f - "nan
Mayor
SIGNATURE PAGE FOR MINUTES OF APRIL 5, 1994, VILLAGE COUNCIL MTG.