06-21-1994 Regular MeetingMiami Shores Village
Regular Council Meeting
June 21, 1994
The regular meeting of the Miami Shores Village Council was
held on June 21, 1994 at the Village Hall commencing at 7:30
p.m. with the following members present:
Present:
Mayor Heffernan
Michael Boyle
Robert Cook
Richard Fernandez
Steven Johnson
Also Present: Michael R. Couzzo, Jr.
Scott W. Davis
Barbara A. Fugazzi
ITEM *1A Village Clerk Scott Davis
In reference to the June 7, 1994 Regular Council Meeting
Minutes, Mr. Fernandez indicated the following change to page
2, paragraph 2, sentence 6: 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.
Mr. Boyle indicated that Item *5C, paragraph 3, should state:
Mr. Boyle stated that the Council should not be micromanag-
ing, 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
mattgrs within the Village.
Other projects/duties as assigned by the Village Man-
ager,.
Mr. Johnson concurred with Mr. Boyle's comments.
Mayor Heffernan indicated that page 3, paragraph 4, should
read: Mr. Fernandez indicated that a "recall" Is not neces-
sary and that the Village does not need another fight. Mayor
Heffernan agreed with Mr. Fernandez's comments.
Mr. Boyle moved to approve the Council Meeting Minutes of
June 7, 1994 as amended. Mr. Johnson seconded the motion and
the vote was unanimous in favor. Mr. Johnson moved to approve
the minutes from the Capital Improvement Budget Workshop of
June 7, 1994. Mr. Boyle seconded the motion. Mr. Fernandez
abstained from voting due to his being absent from the meet-
Ing. Vote was as follows:
Heffernan - Yes
Boyle - Yes
Cook - Yes
Johnson - Yes
Fernandez - Abstained
The Clerk presented the minutes from the following meetings
and the Council acknowledged receipt:
Historic Preservation Board 3/8/94
Planning and Zoning Board 5/26/94
ITEM *1B AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA,
AMENDING SECTION 14-33 OF THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE, FLORIDA, PERTAINING TO LI-
CENSE TAXES; ESTABLISHING NEW CATEGORIES FOR VEND-
ING MACHINES, BANKS AND FINANCIAL INSTITUTIONS;
INCREASING LICENSE TAXES ON ACCOUNTANTS, ATTORNEYS
AND OTHER PROFESSIONALS GAS STATIONS, GENERAL MER-
CHANTS, APARTMENT BUILDING AND CHARGING APPLICATION
FEE FOR ALL LICENSES EXCEPT RENEWALS; PROVIDING FOR
EFFECTIVE DATE.
The Village Clerk read the caption of the Ordinance. Mr.
Johnson moved approval of the Ordinanace. Mr. Boyle seconded
the motion. Mr. Fernandez indicated that he was registering
a "protest" vote of no, due to the position that the State
and County has put the Village in by Increasing their share
of the licensing fees. Vote was as follows:
Heffernan - Yes
Boyle - Yes
Cook - Yes
Fernandez - No
Johnson - Yes
ITEM *2A BROCKWAY MEMORIAL LIBRARY
This item was withdrawn from the Agenda, and will be heard at
a later date.
ITEM *3A ,APPOINTMENT OF MEMBERS FOR CHARTER REVIEW COMMITTEE
Mr. Couizo referred Council members to the memorandum from
the Village Clerk outlining the timetable for appointing a
Charter Review Committee. It was determined that each Coun-
cil member would appoint one Individual to serve as a voting
member on the Charter Review Committee and that the Village
Manager, Mr. Couzzo, and the Village Attorney, Mr. Fann,
would serve as non-voting members on the Charter Review Com-
mittee. Mr. Cook moved to appoint a Charter Review Committee
to consist of seven members: one being the Village Attorney,
non-voting; one being the Village Manager, non-voting; the
remaining five members (one appointee per Council member) to
have the vote and to be those appointed tonight by the Coun-
cil before the closing of Item *3. Mr. Johnson seconded the
motion and the vote was unanimous In favor.
Each Council member named their designated appointee, as
follows:
Mayor Heffernan
Mr. Boyle
Mr. Fernandez
Mr. Johnson
Mr. Cook
- Ann Vigneron
- Brian Schriner
- Cliff Walters
- Brian Gart
- Reverend Mark Porizky
After some discussion, It was further decided that the Char-
ter Review Committee will not be advised by the Council to
specifically review any particular area of the Charter, but
to consider the Charter entirely when making recommendations
for amendment. Mayor Heffernan stated that the Council was
fortunate to have qualified candidates and thanked those
people who had applied.
ITEM *4A PRESENTATION BY BEL MAR HOMEOWNER'S GROUP REGARDING
ANNEXATION BY THE VILLAGE.
Mr. Fernandez introduced Mr. Manuel Fente as the representa-
tive from Bel Mar and stated his reasons for sponsoring this
Item on the agenda. Mr. Fente Indicated the location and
make-up of the Bel Mar group whom he Is representing, stating
that the area Includes two canals, contains homes which range
in value from $150,000 TO $500,000, and is comprised of the
same type of homes which are found In Miami Shores. He Indi-
cated that at the present time, he has 50 signed petitions
from homeowners, representing slightly more than 50%, expres-
sing their desire to further study possible annexation with
Miami Shores. Mr. Fente outlined perceived advantages and
disadvantages of annexing.
ITEM *5A DISCUSSION AND POSSIBLE ACTION CONCERNING A STUDY
OF BEL MAR ANNEXATION.
Discussion centered around the costs Involved in conducting
an In-depth feasibility study, whether the other members of
the community, who have not signed petitions, are for or
against annexation, and what areas need to be looked at In a
feasibility study. The Village Manager stated that he has
received an Initial quotation from Robert Swarthout, Inc.,
indicating a cost not to exceed $5,000, for preparing re-
quired "planning" documents. There would also be in-house
staff assessments of services, which need to be considered.
Mayor Heffernan Indicated that he would like more information
on the steps that need to be followed In these Instances.
Mr. Fernandez moved that the Council direct the Village Man-
ager to come back at the next Council Meeting with a memo and
a suggestion for process by which the Council can proceed to
study the annexation proposal from Bel Mar. Mr. Cook asked if
the Village Manager has the ability to find out from the
County what the mlllage would be, as well as the impact to
the Police Department, Public Works and Recreation. He asked
about preliminary tax dollars versus the cost of services.
Mr. Couzzo Indicated that he would put together a memo, out-
lining steps which need to be taken. However, he stated that
he would be unable to supply anything other than approximated
dollar figures with regard to benefits versus costs. Mr.
Boyle seconded the motion and the vote was unanimous In fa-
vor.
ITEM *6 ANNOUNCEMENTS
The Clerk read the announcements.
ITEM *7 PUBLIC COMMENTS
Alice Kellogg Ms. Kellogg spoke about the Interest of Davis
Harbor In annexation.
C.F. Chambers Mr. Chambers spoke about the Muscular Dystro-
phy fundraiser to take place next week.
ITEM *8 COUNCIL COMMENTS
Robert Mr. Cook spoke about his recent motor vehicle
Cook accident and urged everyone to drive safely
and If they feel themselves getting tired, to
pull off the road.
Steven
Johnson
Richard
Fernandez
Michael
Boyle
Mayor
Heffernan
No comment.
Mr. Fernandez spoke about Father's Day.
Mr. Boyle wished Assistant Chief Masten good
luck and thanked him for the 19 years he has
served Miami Shores. Mr. Boyle stated that Mr.
Masten has taken a Chief's position In Cocoa,
Beach, Florida.
Mayor Heffernan thanked Mr. Cook for his
statement.
ITEM *9 ADJOURNMENT
The meeting was adjourned at 8:47 P.M.
ATTEST:
Scott W. Davis
Village Clerk
By:
Barbara A. Fugazzi
Executive Assistant
W I i l idol J. jfernan
Mayor