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06-07-1994 Regular MeetingMiami Shores Village Regular Council Meeting June 7, 1994 The regular meeting of the Miami Shores Village Council was held on June 7, 1994 at the Village Hall commencing at 7:30 p.m. with the following members present: Present: Also Present: Mayor Heffernan Michael Boyle Richard Fernandez Steven Johnson Michael R. Couzzo, Jr. Scott W. Davis Barbara A. Fugazzi Absent: Robert Cook PRESENTATIONS: Mayor Heffernan presented a Letter of Recognition to Police K-9 Officer Taylor and K-9 Gator for their performance during the recent Canine Trials. Mr. Steven Bayer, Project Coordinator for the Metro Dade Fire Department, reported on the status of the new fire station. Construction is scheduled to begin on or about July 11, 1994 and take approximately 180 days. The construction company of Zurqul Construction Service Is the apparent low bidder. ITEM *1A VILLAGE CLERK Scott Davis Mr. Johnson moved approval of the minutes of the May 17, 1994 minutes. Mr. Fernandez seconded the motion and the vote was unanimous In favor. The Clerk presented the minutes from the following meetings and the Council acknowledged receipt: Equity Study Committee Planning and Zoning ITEM *1B 5/24/94 5/12/94 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING DIVISION 2 OF ARTICLE II, SECTION 2, OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; PROVIDING FOR TERMINATION OF TERM OF ANY COUNCIL MEMBER WHO CEASES TO BE A RESIDENT OF MIAMI SHORES VILLAGE; PROVIDING EFFECTIVE DATE. The Village Clerk read the caption of the Ordinance. Mr. Boyle Indicated that there have been many questions regarding how the Charter addresses residency Issues for elected offi- cials. He read the proposed amended Ordinance and the section of the Charter which states the criteria for candidates. He stated stated the Charter does not address the Issue of required, continued residency during a term of office. Mr. Boyle explained that the reason he is bringing the Ordinance to the Council at this point is due to the serious Issues that will be facing the Council In the very near future. He gave examples of the FY95 budget, Marketing Plan, and Charter Amendment. Mr. Boyle stated this Is not a personal Issue with regards to Mr. Cook. Mr. Boyle moved the adoption of an Ordinance as stated In the Introduction by the Clerk, Section I, Division 2 of Article II, Section 2 of the Code of Ordinances of Miami Shores Village, Florida; shall stand amended to Include Section 2-31.5 which shall read as follows: Section 2-31.5. Any council member who ceases to be a resident of Miami Shores Village shall thereupon be unqualified to continue to serve as a member of the Village Council. Section 2. This Ordi- nance shall become effective upon adoption hereof and shall apply to all present and future council members. Mayor Heffernan passed the gavel to Mr. Boyle and seconded the motion. Council discussion centered around the exposto-facto law and the constitutionality of the proposed amendment as it relates to Mr. Cook. Mr. Fernandez and Mr. Johnson both stated that amending the Ordinance as proposed, and applying same to Mr. Cook would be unconstitutional as violating due process under the U.S. and State Constitution, and secondly to consider the expost-facto law. In addition, Mr. Fernandez stated that he had proposed looking at the residency require- ment through the Charter Review Committee which will be discussed further during the Council Meeting. Mr. Johnson indicated that the Charter gives the Village recourse through a "recall" procedure If the Village wanted to remove Mr. Cook from office because he Is no longer a resident. Mr. Fann stated that the validity of the Ordinance was okay but whether or not It is applicable to Mr. Cook would need to be decided through court proceedings. Mr. Boyle reiterated that this Is not a "Mr. Cook" Issue but rather an Issue that with a Council of five members, one moving out of the Village represents 20%, and he does not feel that It Is ethically correct. Mr. Boyle stated that it will take many months to change the Charter through the Charter Review process and does not believe that thls issue should wait. Mr. Johnson stated that he understood the residency Issue to be a larger issue and not directly connected to Mr. Cook. However, he stated that he cannot support the proposed amendment because it Is patently clear that it Is unconstitutional. Mayor Heffernan gave the example that as the Charter now reads, all five Councilmen could move out of the Village yet still remain on the Council. Ed Harrigan Spoke about residency being a legal Issue and stated that the Council should not rush Into any decision. Mike McGuire Spoke In reference to constitutional rights. Brian Schriner Stated that he would expect Mr. Cook to Donna Baxter Mark Piper abide by the "spirit of the law" rather than the "letter of the law" and that this type of Issue Is a prime example of why residents have lost faith In the Council. Stated that she felt It unfortunate that the Issue of Mr. Cook's residency had not been brought up In prior meetings and stated that It was appropriate to be discussed. Stated that he felt betrayed in a sense by Mr. Cook moving and staying on the Council but stated that the Issue needs to be resolved legally. Mr. Fernandez Indicated that a "recall" Is not necessary and that the Village does not need another fight. Mayor Heffernan agreed with Mr. Fernandez's comments. Mr. Boyle asked that the Clerk call roll for the vote. The vote was as follows: Fernandez No Boyle Yes Heffernan Yes Johnson No Cook Absent The motion failed. Mr. Boyle passed the gavel back to Mayor Heffernan. ITEM *1C AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 9-43 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; AUTHORIZING VILLAGE MANAGER TO WAIVE PAYMENT OF DELINQUENT CHARGES AND INTEREST FOR ONE PAYMENT A YEAR AND AUTHORIZING PAYMENT OF WASTE FEES ON A PRO RATA MONTHLY BASIS, SUBJECT TO A SERVICE CHARGE THEREON. PROVIDING FOR EFFECTIVE DATE. Second and Final Reading. The Clerk read the caption of the Ordinance. Mr. Fernandez moved approval of the Ordinance. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *1D RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ACCEPTING THE RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD TO DESIGNATE THE PROPERTY AT 113 N.E. 101 STREET A MIAMI SHORES HISTORIC LANDMARK AND INSTRUCTING THE VILLAGE CLERK TO RECORD THE HISTORICAL LANDMARK COVENANT IN THE PUBLIC RECORDS OF METROPOLITAN DADE COUNTY. The Clerk read the caption of the Resolution. Mr. Fernandez moved approval of the Resolution. Mayor Heffernan asked whether the homeowner was In agreement with the granting of the historical landmark designation. Warren von Bittner, Chairman of the Miami Shores Historic Preservation Board Indicated that the homeowner was In favor of the designation. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *2A Request for approval of permanent flat roof to replace existing trellis. Building Official, Frank LuBien stated that the Mr. Respondek wishes to build a permanent flat roof in the area that now has a trellis and that he Is requesting a hardship variance. Mr. Fernandez stated that the existing flat roof trellis areas are currently not In compliance with building codes and the request Is In fact, asking to build a permanent flat roof structure which would mean the structure would be further out of compliance. He stated that it was the history and Intent of planning and zoning/code enforcement to bring structures Into compliance, not to allow for non-compliance building. Mayor Heffernan asked Mr. Respondek If he can get reasonable use of his home without the permanent structure, as this Is one of the criteria for a hardship variance being granted. It was determined that Mr. Respondek did not meet the cri- teria for a hardship variance. Mr. Fernandez moved to deny the request for a variance. Mr. Boyle seconded the motion and the vote was unanimous to deny the variance. ITEM *3A Discussion and possible action regarding the report from the Equity Study Committee. Finance Director, Patricia Varney, Introduced Ms. Peggy Rente who chaired the Equity Study Committee. Mr. Fernandez ex- plained to the public the reason the Committee was formed and outlined Ms. Varney's memo regarding the outcome of the Committee's study on Increasing Occupational License fees (copy attached). General discussion ensued regarding the proposed individual Increases. Mayor Heffernan asked Ms. Rente how Miami Shores Village licensing fees compare to neighboring municipalities. Ms. Rente stated that even with the proposed increases, Miami Shores Village Is still lower than other communities. The Council directed Mr. Fann to develop an Ordinance reflecting the recommendations of the Committee. Mr. Johnson moved that the Equity Study Committee be disbanded with our many thanks and promise of anonymity. Mr. Fernandez seconded the motion and the vote was unanimous In favor. ITEM *3B Discussion and possible action regarding Council approval for budget transfers. Mr. Fernandez asked for clarification on the transfers and Ms. Varney responded. Mr. Boyle moved to approve the budget transfers. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM *4A Discussion and possible action regarding extension of existing paving contract. Assistant Village Manager/Public Works Director, Tom Benton, outlined the existing paving contract costs, indicating a significant savings over other bidders. Mr. Fernandez moved to authorize the Village Manager to enter Into a contract based upon the terms set forth by Pan American Construction. Mr. Boyle seconded the motion and the vote was unanimous In favor. ITEM *5A Presentation of Village of Miami Shores Community Development and Marketing Plan by Intermedia. Village Manager, Michael Couzzo, Jr., Introduced Elyse Murphy of Intermedia who presented the Marketing Pian. Ms. Elyse Murhpy gave a brief synopsis of her firm, Inter- media, and explained the Marketing Plan which they have developed. ITEM *5B Discussion and possible action regarding Community Development and Marketing Plan. Mayor Heffernan indicated that he wants to work on the "cutting and polishing" aspect of the plan rather than the "telling of the story" aspect. He believes the plan contains a duplication of effort with some of the task forces. In addition, he stated that he endorses the public relations portion of the plan and wants to see specifics regarding the performance of the plan. As the plan proposes, he believes that there are too many task forces reporting to the Village Manager and thinks It Is unmanageable. The Mayor further stated that realtors have told him that the Village doesn't need to tell people about Miami Shores but the Village should be what it says it Is. Mr. Boyle stated that the Plan allo- cates too many dollars toward advertising. Mayor Heffernan stated that the plan Is too broad In scope and needs to be narrowed. Mr. Fernandez concurred that there are too many task forces outlined In the plan. He stated that the plan Is fundamentally good but needs direction from the Council. He stated that the public relations aspect is a strong point but that there are events missing from the plan. Mr. Boyle stated that the plan does not clearly define who the Village Is mar- keting to and what the Village Is marketing. Mayor Heffernan stated that he would like to see a combined proposal that puts together the Village Manager's Ideas with the creative end of the marketing company and the plan be brought back to the Council. The concensus of the Council was to have a more specific plan developed and brought back for further discussion and action. ITEM *5C Discussion and possible action regarding the creation and funding of the position of Community Affairs Specialist. The Village Manager, Michael Couzzo, Jr., explained the reasons for the proposal to fund the Community Affairs Spe- cialist position. He indicated that with the Increase In building permits being Issued, building inspections and zon- Ing Issues, the Building Official, Frank LuBien, does not have the time to devote to effectively supervise and run the Code Enforcement Department. Mr. Fernandez read to the pub- lic the proposed Job description. He stated that It was conceptually okay but thought the duties too broad and stated the funding for the position should wait until the marketing plan is passed by the Council. Mr. Boyle stated that the Council should not be micromanaging, that the position is Important to the Village but the Job description, as proposed may be too broad In scope and stated that it should state only : Supervise and coordinate all code enforcement/ compliance matters within the Village. Other protects/duties as assigned by the Village Man- ager. Mr. Johnson concurred with Mr. Boyle's comments . Mayor Heffernan stated that he has faith In Mr. Couzzo and reminded the Council that they were being asked to authorize the funding of the position. In addition, he stated that they were not at the meeting to discuss the duties of the posi- tion. Mr. Johnson moved approval of the creation and funding of the position of Community Affairs Specialist as detailed in Mr. Couzzo's memorandum of May 31, 1994. Mr. Boyle sec- onded the motion. Voting was as follows: Johnson Yes Boyle Yes Heffernan Yes Fernandez No Cook Absent The motion passed. ITEM *6 Discussion and possible action regarding Al and A2 Zoning. Mayor Heffernan indicated that before them was a proposal from Robert Swarthout, Inc. outlining the fees Involved In reviewing alternatives for development of the Biscayne Boule- vard site. Mr. Fernandez outlined the normal procedures followed when there Is a request for variance. Mr. Fernandez stated his concerns and supplied a list of Items that should be considered (see attached) regarding rezoning. Mayor Heffernan stated that he doesn't believe that zoning Issues need to be addressed at this point. Mr. Johnson stated that Planning and Zoning should review Mr. Fernandez's concerns and if P&Z felt it necessary, to forward to Swarthout. After further discussion, the concensus of the Council was to take no action at this time. ITEM *7 Discussion and possible action regarding Charter Amendment. Mayor Heffernan referred to the memo from the Clerk to the Village Manager outlining the timetable options for a Charter Review Committee regarding a referendum election. The concen- sus of the Council was that a referendum should take place during the general elections of November 8, 1994 rather than waiting until April, 1995. It was also decided that a Char- ter Review Committee will be formed rather than the Council acting as the Committee. At the next meeting of the Village Council, each Councilman will suggest one person to serve on the Committee. Mr. Fernandez suggested that Mr. Fann and Mr. Couzzo will also be members of the Committee. A definitive timetable will also be set forth at the next Council meeting. ITEM *8 In lieu of timetable, Agenda. ITEM *9 Discussion and possible action regarding the selection of dates for the recess of Council pursuant to the approval of Resolution No. 923-94 at the May 17th Council meeting. the uncertainty of the Charter Review Committee Mayor Heffernan withdrew this Item from the ANNOUNCEMENTS In the Interest of time, the Clerk read an abbreviated list of announcements. ITEM *10 PUBLIC COMMENTS Alice Kellogg Dom Togno Ms. Kellogg stated that she Is a real estate agent and Is acting as a spokesperson from Davis Harbor. They are Interested In exploring the possibility of annexation by the Village. Mr. Togno requested clarification on the outcome of the proposed condominiums on 105th Street. Royal LaBarre Mr. LaBarre spoke about the poor performance of Code Enforcement on the west side of the Village. Mr. Boyle and Mayor Heffernan both spoke In response to Mr. LaBarre's complaints, outlining steps that are being taken to Improve Code Enforcement. Manuela Janssen Spoke about Code Enforcement as It relates to sidewalks. John Oliver Stated that he does not share Mr. Couzzo's optimism regarding the Code Enforcement problems. Margo Fayer Spoke about the proposed alley clean-up. She does not believe the Village should pick-up after those who do not clean up themselves. T.F. Chambers Mr. Chambers stated the Village should market the police force and public works. Brian Schriner Mr. Schriner relayed his experiences with the Village Code Enforcement Officers. Betty Lasch Ms. Lasch expressed her thanks regarding the marketing plan. ITEM *11 COUNCIL COMMENTS Mr. Johnson Mr. Boyle Mr. Fernandez Announced the Chamber of Commerce Breakfast to be held June 8, 1994 at 7:30 A.M. Thanked the audience for their support and patience throughout the long meeting and urged residents to attend the Budget Workshop meetings scheduled for 7/5, 7/6 and 7/7. Indicated that despite what people may think, property values In the Village have Increased. Mayor Heffernan Thanked all the residents who came to participate In the meeting and announced that Horace Mann won an award for Its After School Program. He advised the public of the recent death of Village employee Columbus McFatten and the scholarship funding. ITEM *12 ADJOURNMENT Meeting was adjourned at 11:35 P.M. 'a44 jf William J. H f ernan Mayor ATTEST: • Scott W. Davis VIllage Clerk By: Barbara A. Fugazzi Executive Assistant