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07-19-1994 Regular MeetingMiami Shores Village Regular Council Meeting July 19, 1994 The regular meeting of the Miami Shores Village Council was held on July 19, 1994 at the Village Hall commencing at 7:31 p.m. with the following members present: Present: Also Present: Absent: Mayor Heffernan Michael Boyle Richard Fernandez Steven Johnson Michael R. Couzzo, Jr. Scott W. Davis Robert Cook Ms. Della Zaher presented the Council with a plaque from the parents, students, staff and community of Miami Shores Elementary School. ITEM *1 VILLAGE CLERK: Mr. Scott Davis A. MINUTES Mr. Boyle moved approval of the minutes of the July 5, 1994 Regular Council Meeting. Mr. Johnson seconded the motion. Mayor Heffernan stated that the minutes should be amended to reflect that In Item *3 that he stated that we were fortunate to have qualified candidates and thanked those people who had applied. The vote was taken and was unanimous In favor. Mr. Johnson moved approval of the minutes from the Budget Workshop of 7/5/94. Mr. Boyle seconded the motion and the vote was unanimous In favor. Mr. Johnson moved approval of the minutes from the Budget Workshop of 7/6/94. Mr. Boyle seconded the motion and the vote was unanimous: In favor. Mr. Boyle stated that the minutes of the 7/7/94 Budget Workshop should be amended to reflect that he was absent from the meeting. Mr. Johnson moved approval of the minutes of the 7/7/94 Budget Workshop as amended. Mr. Boyle seconded the motion and the vote was unanimous In favor. The Council acknowledged receipt of the minutes from the following meetings: Charter Review Committee 7/6, 7/13/94 Fine Arts Commission 7/12/94 Recreation Advisory Committee 6/11/94 Code Enforcement Board 6/2/94 Planning and Zoning Board 6/23/94 B. REQUEST FOR APPROVAL OF TOW AWAY SIGNS FOR PARKING LOT AT THE SHORES PLAZA EAST CONDOMINIUMS. Mr. Davis presented the item. Mr. Fernandez reviewed the legal aspect of posting tow away signs. Ms. Betty Berry from the condominiums showed an example of the sign and reviewed the parking situation. Mr. Fernandez stated that the Council needs to address the sign issue on a case by case basis. Mr. Boyle asked where the parking offenders were coming from. Ms. Berry replied that they were coming from surrounding properties. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous in favor. C. DISCUSSION AND POSSIBLE ACTION REGARDING THE REPORT FROM THE CHARTER REVIEW COMMITTEE. Mr. Davis presented the Item. Mr. Fernandez asked for a special meeting to discuss the Issues. Mr. Boyle asked if a member of the Committee could make a presentation on the action of the Committee. Mr. Fernandez objected to the suggestion and stated that It would be inappropriate. Mr. Johnson reviewed the time frame to place Miami Shores Issues on the November 8th ballot. The Council reviewed the minutes (report) from the Committee. The consensus of the Council was that residency Is a qualification for a Council person to remain on Council. Mr. Fernandez stated that the Issue of replacement of a Council member needs to be addressed. Mr. Johnson read from the Charter and stated that the procedures are in place. Mayor Heffernan stated that if a Council person did not resign after becoming unqualified it would take a lawsuit to get them out. Mayor Heffernan reviewed the history of the selection process for the position of Mayor. Mr. Boyle stated that tradition is not a problem. He said that the downside of the proposal Is that the new proposed procedure will not serve the populace. He said that If it was not broken it may not need to be fixed. Mr. Johnson spoke about bullet voting and that If tradition is broken It could lead to a bitter campaign. He stated that he was concerned with waiting until the last two years. He suggested the middle two years of a 4 year term. Mr. Fernandez spoke about bullet voting and continuing the position of Mayor for more than 2 years If the Council desires. He spoke about the benefits of having continuity of the position of Mayor. Mr. Boyle stated that the proposal will not, eliminate bullet voting. He suggested having two questions on the ballot. The first would be to choose three Council persons and the second would be who would be your choice for Mayor. Mr. Fann reviewed the reason why Section 28 was presented by the Committee. Mr. Boyle asked how many referendums there have been In the past. Mr. Fann replied 4 In the past 20 years. Mr. Fernandez spoke about how annexation would affect the percentages of voters. Mayor Heffernan stated that there was not a consensus for changing Section 28. Mr. Boyle stated that he was opposed to changing the Section. Mr. Johnson stated that the Council should go with the recommendation of the Committee. Mr. Heffernan stated that he agrees with Mr. Johnson. Mr. Fann stated that the voters would decide, Item by Item, the changes to the Charter. Mr. Boyle stated that the Council should give the voters a chance to decide the issue. Mayor Heffernan stated that the consensus of the Council was to go ahead with the committee's suggestion. Section 30: Mayor Heffernan reviewed the changes. Mr. Fann spoke about the strong city manager form of government. Mr. Fernandez spoke about contract employees and said that the Council should not hire and fire employees. Mayor Heffernan stated that it was the consensus of Council In favor of the recommendation of the Committee. Section 32: Mr. Fann stated that it was a housekeeping Issue and would be done by ordinance. Mayor Heffernan suggested drafting legislation for the next meeting. Mr. Couzzo suggested having the language of the Committee drafted Into an ordinance and it can be amended at the next meeting If the Council wishes. Mr. Fernandez objected to proceeding without a special meeting to discuss the issues. The consensus of the Council was to have a draft ordinance at the next meeting. Mayor Heffernan called for a recess at 8:50 p.m. The meeting was reconvened at 8:55 p.m. Mr. Brian Gart spoke about serving on the Charter Review Committee. D. AWARD OF BID FOR 103RD STREET BEAUTIFICATION PROJECT. Mr. Boyle moved approval to award the bid to Landscaping by Bruce in the amount of $60,489.20. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *2 DISTRIBUTION OF PROPOSAL TO COUNCIL FOR POLICE SERVICES FOR THE VILLAGE OF EL PORTAL. Mr. Couzzo Introduced the Item and stated that the Issue could be put back on the agenda at a later date to be discussed in detail. Mr. Fernandez asked about a meeting that the staff had with El Portal. Mr. Couzzo responded that it was with the Safety Committee of El Portal and that it was very general. Mr. Fernandez reviewed the specifics of the proposal. Mr. Couzzo suggested that If the Council agrees he will make a formal proposal to El Portal. Mr. Fernandez asked If there is a downside. Mr. Couzzo stated that there Is no downside to either side. He stated that the paramount concern is that there Is no diminished service to Miami Shores. Mr. Boyle stated that the bottom line looks favorable to all parties. He asked about the crime that Miami Shores police would have to deal with. Mr. Couzzo stated that it has been studied. Mayor Heffernan stated that the consensus of the Council was for the Manager to proceed with the proposal. Mr. Fernandez reviewed the savings to El Portal. He stated that it would be $278,000 over a 5 year period. He stated that It would be a good start in the right direction. ITEM *3 REQUEST FOR APPROVAL OF PROPOSED WASTE DISPOSAL AGREEMENT WITH WHEELABRATOR. Mr. Couzzo Introduced the item and recommended that the Council approve the contract for a 1 year period. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING UNPAVED ROADWAY AT 9TH AVENUE AND 93RD STREET AND PRESENTATION BY LARRY AND KATHY HULL AND JOHN AND JUDY BACHAY. Mr. Fernandez introduced the Item. Mr. Larry Hull described the unpaved roadway adjacent to the Archdiocese. He stated that residents have placed Targe boulders In the roadway to prevent driving on the unpaved roadway. Mr. Fernandez suggested that the property be vacated by the Village. He stated that It would Increase property taxes resulting in more revenue to the Village. Mayor Heffernan suggested letting the Manager study the Issue. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING THE EVALUATION PROCESS FOR THE VILLAGE MANAGER. Mr. Boyle Introduced the item and reviewed the background. He stated that the Village has never had an evaluation system which had led to problems with predecessors of Mr. Couzzo. He suggested that the Council needs to develop a system. He distributed a sample form that he created. He stated that evaluations are subjective. Mr. Johnson spoke about a self evaluation process along with a supervisor evaluation. He stated that the evaluation should be completed by the second meeting In August. Mr. Boyle suggested having a workshop to come up with one Council evaluation for the Manager. Mr. Fernandez suggested that the Council not have a uniform evaluation. He stated that the consensus would be decided by the amount of the raise granted the Manager. He stated that an annual review should be done on the anniversary date of the contract. Mr. Fernandez stated that the funds could be budgeted to the contingency fund then the Council could deal with the evaluation on an annual basis then grant the Increase at the appropriate time. Mr. Johnson stated that all merit Increases are budgeted as a contingency Item. He stated that it would not be worth the effort to come up with a single evaluation. He stated that it would be appropriate to complete the evaluation before the budget hearings. Mayor Heffernan stated that It Is Important that the Council have a discussion of the Manager's strong points and weak points. He said that a true annual basis for government Is budget to budget'. Mr. Couzzo stated that the Village budgets increases In advance to be able to handle them when they come up. Mr. Boyle suggested that the Council develop a process to evaluate the Manager by the next meeting. He stated that it would be appropriate to decide what elements would be used In the evaluation. Mayor Heffernan stated that the Council has enough information provided by the Village Manager to develop a formal process. Mr. Fernandez suggested that the evaluation process be done at a workshop and not at a regular Council meeting. ITEM *6 REQUEST FOR PERMISSION TO EXECUTE CONTRACT WITH DCA FOR COMPREHENSIVE PLAN REVIEW. Mr. Couzzo reviewed the Item and stated that It Involves a $20,224 grant from DCA. He introduced Mr. Robert Swarthout. Mr. Swarthout made a presentation regarding the Comprehensive Plan process In the State of Florida. He stated that he Is willing to perform the required revisions for the amount of the grant and there would be no out of pocket for the Village. Mr. Swarthout stated that all of the cities in Florida will be part of the process. Mr. Fernandez asked about other work that could be performed under the grant. Mr. Swarthout responded. Mr. Couzzo stated that after entering intothe contract with the State the Village can contract with Swarthout without going out to bid. Mayor Heffernan stated that this is one of the rare times that the Village has a funded State mandate. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM *7 ANNOUNCEMENTS: The Village Clerk read the announcements. ITEM *8 PUBLIC COMMENTS Mr. Michael Maguire: Mr. Mr. Mr. Ms. Ed Harrigan: Boyle responded L.D. Kennedy: Dorthey Clark: Spoke about violations of the Sunshine Law and spoke In opposition to the police proposal for El Portal. Spoke about the proposal to El to questions raised by Mr. Harrigan. Spoke about the police proposal. Spoke about the police proposal. Portal. ITEM *9 COUNCIL COMMENTS Mr. Johnson announced the birth of his new daughter, Laura Grace. Mayor Heffernan spoke about the Mayor's Task Force working on the barricades to Improve their appearance and challenged the Council to spruce up the street closures In the Village. ITEM *10 ADJOURNMENT The meeting was adjourned at 10:15 p.m. 4444/ William JL'H ernan Mayor By: Scott W. Davis Village Clerk