Loading...
08-02-1994 Regular MeetingMiami Shores Village Regular Council Meeting August 2, 1994 The regular meeting of the Miami Shores Village Council was held on August 2, 1994 at the Village Hall commencing at 7:32 p.m. with the following members present: Present: Also Present: Mayor Heffernan Michael Boyle Richard Fernandez Steven Johnson Robert Cook Michael R. Couzzo, Jr. Scott W. Davis Mayor Heffernan read the "NATIONAL NIGHT OUT - 1994" PROCLAMATION. Captain Harrison, from the Miami Shores Police Department, presented a Community Service Award to Mr. and Mrs. Carl Comm1ss1ong. ITEM *1 VILLAGE CLERK: Mr. Scott Davis A. MINUTES Mr. Johnson moved approval of the minutes of the July 19, 1994 Regular Council Meeting. Mr. Boyle seconded the motion and the vote was unanimous In favor. The Council acknowledged receipt of the minutes from the following meeting: Planning and Zoning Board Meeting 7/14/94 B. DISCUSSION AND POSSIBLE ACTION REGARDING AMENDMENTS AND THE FOLLOWING DRAFT RESOLUTIONS: RESOLUTION APPROVING PROPOSED AMENDMENT TO ARTICLE III, SECTION 26, OF MIAMI SHORES VILLAGE CHARTER, TO PROVIDE FOR THE FORFEITURE OF OFFICE OF ANY COUNCIL MEMBER WHO CEASES TO BE A RESIDENT OF MIAMI SHORES VILLAGE. Mr. Cook asked If the Charter amendment would affect current Council members. Mr. Fann replied that It would not. Mr. Cook stated that the Council is forcing any future Council member, if they move out of the boundaries If Miami Shores, to resign from Council. He reviewed the reasons why he has not resigned from Council even though he has moved out of the boundaries of Miami Shores. Mr. Fernandez raised the Issue of what Is a resident vs domicile. He defined the two from a law reference book. He suggested the following language for the resolution: A Council member who ceases to be domiciled within Miami Shores Village shall no longer be qualified to serve on the Miami Shores Village Council. He spoke about the replacement of a Council member If a vacancy occurs and recommended various actions by Council depending on various time frames. Mr. Boyle stated that he Is willing to abide by the resolution If the results of the election do not affect Mr. Cook. He stated that he was not In favor of time limits for replacing Council members and would like it left to the Council to replace a Council member If a vacancy occurs. Mayor Heffernan stated that the bottom line is that there will be a fight If the person doesn't want to resign. Mr. Johnson stated that a person can have multiple residences but only one domicile. He stated that he supports using the word domicile. Mr. Fernandez spoke about the Village's requirements to be an electorate and that the Village Is In violation of State law. Mr. Fann clarified the Issue and stated that the Village was not In violation. Mr. Fernandez stated that he would like to use legal residence Instead of resident In the resolution. Mr. Boyle moved to accept the resolution with the change that where it reads "resident" in the resolution be changed to "legal resident" and in the first line the words "resident voters" be changed to "voters". Mr. Johnson seconded the motion. Mayor Heffernan stated that no matter what word Is used If a Council member does not resign it will be decide In court. Mr. Fernandez asked that the Village Attorney come back with the new language In writing so it will be clear.' Mr. Cook stated that the political feelings of the community is the most Important thing. The vote was taken and was unanimous In favor. RESOLUTION APPROVING PROPOSED AMENDMENT TO ARTICLE III, SECTION 27, OF MIAMI SHORES VILLAGE CHARTER, TO PROVIDE THAT CANDIDATE RECEIVING MOST VOTES AT ELECTION SHALL SERVE TWO YEARS AS VICE MAYOR FOLLOWED BY TWO YEARS AS MAYOR. The Village Clerk read the caption of the ordinance. Mr. Cook stated that he was In favor of the proposed resolution. Mr. Fernandez reviewed the process of how the Mayor is selected and stated that he was In favor of extending the term of the Mayor. He proposed alternate language as follows: The Mayor shall be elected from those Council persons who have served for at minimum one year on the Village Council, or, on the Planning Board, or, on the Code Enforcement Board. Should no Council person meet this criteria, or qualified Council person decline to be Mayor, then the Council shall elect one of Its members Mayor by a majority vote. He stated that if his proposed language Is accepted he will not accept the position of Mayor after the next election. Mr. Boyle stated that he was opposed to the language proposed by Mr. Fernandez. He stated that the requirements in Mr. Fernandez's proposal are not necessary. Mr. Johnson stated that he was concerned with burn out of the Mayor after serving two years as Vice Mayor. He stated that he prefers Mr. Fernandez's proposal over the language proposed by the Charter Review Committee. Mayor Heffernan stated that 2 year terms for the Mayor may not be enough time. He suggested having the position of Mayor be elected during the election process. Mr. Cook reviewed the process If there was a second question on the ballot as to who would the electorate select for Mayor. He stated that the two remaining Council members would be listed along with the list of candidates. Mr. Fernandez stated that 5 people could be running for election with the process suggested by Mr. Cook. Mr. Fernandez stated that the two remaining Council members could be running for the position of mayor. Mayor Heffernan statea tnat ne is in tavor of electing a Mayor or leaving the process as it is. Mr. Johnson suggested having the Village Attorney write a resolution having a separate Mayoral election. Mayor Heffernan spoke about Article III Section 28 and stated that there should be a resolution regarding the Charter Review Committee's recommendation. Mr. Fernandez moved that the discussion Is Inappropriate and that the Council should move on with the Agenda Items. The motion died for a lack of a second. RESOLUTION APPROVING PROPOSED AMENDMENT TO ARTICLE III, SECTION 30, OF MIAMI SHORES VILLAGE CHARTER, ELIMINATING PROVISION FOR APPOINTING A JUDGE AND ASSOCIATE JUDGES AND THE AUTHORITY OF THE VILLAGE COUNCIL TO DIRECT THE VILLAGE MANAGER TO APPOINT, SUSPEND OR DISCHARGE EMPLOYEES. The Village Clerk read the caption of the resolution. Mr. Fernandez moved for approval. Mr. Johnson seconded the motion. Mr. Fann explained the resolution and the vote was unanimous In favor. ITEM *2 AWARD OF BID FOR 1995 OPEN BED DUMP TRUCK. ,The Village Clerk explained that because there was only one bid foe the truck, the purchase would be re -bid and the Item would come back to Council at a later date. ITEM *3 AWARD OF BID FOR RESURFACING PUBLIC WORKS ROADWAY AND CHIPPER PAD. Mayor Heffernan declared a conflict and stated that he would not vote on the item. Mr. Benton reviewed the project and recommended Imburgla Construction Service which was the low bidder at $12,640. Mr. Couzzo stated that Mr. imburgla Is a resident of the Village. Mr. Johnson moved to award the bid to the low bidder, Imburgla Construction Services In the amount of $12,640. Mr. Fernandez seconded the motion. The vote was as follows: Johnson - Yes Fernandez - Yes Boyle - Yes Cook - Yes Heffernan - Abstained ITEM *4 FINANCE DEPARTMENT: Ms. Patricia Varney A. DISCUSSION AND POSSIBLE ACTION REGARDING THE COUNTRY CLUB HURRICANE EXPENSES. Ms. Varney reviewed the Item and recommended that the Village Issue a check to PCM In the amount of $6,726.96 with PCM issuing a letter to the Village stating that If FEMA does not reimburse the Village that PCM will return the funds. Mr. Fernandez moved for approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING THE EVALUATION PROCESS FOR THE VILLAGE MANAGER. Mr. Boyle Introduced the item and explained his reasons for wanting a "final report" which would represent a consensus of the Council with regard to Mr. Couzzo's evaluation. Mr. Cook stated that there Is no way for Council to convey dissatisfaction with the performance of the Village Manager without an evaluation process. Mayor Heffernan asked that the Manager develop goals for himself for FY95. He also read from the manager's contract regaraing the time or the evaluation ana the evaluation process. Mr. Fernandez stated that the annual date of the contract Is November and it would be prior to next budget year. Mr. Cook stated that he likes the evaluation form from South Carolina that was submitted by Mr. Couzzo. Mr. Johnson stated that the more specific a form Is the more it Invokes comments. He recommended a self evaluation using the same form. Mr. Fann stated that there would be no problem with the Council meeting with the Village Manager to discuss individual evaluations. Mr. Boyle stated that the comments on the evaluation are the most important part of the evaluation. Mayor Heffernan asked that there be an agenda item at the next meeting to select a date for a workshop to evaluate the VIIIage Manager. ITEM *6 ANNOUNCEMENTS The Village Clerk read the announcements. ITEM *7 PUBLIC COMMENTS Mr. Christopher Parker, Mr. Rodney Stewert, Ms. Maria parker and Mr. L.D. Kennedy, residents of El Portal, spoke about the police proposal. Mr. Maguire: Spoke about public comments on agenda Items. ITEM *8 COUNCIL COMMENTS Mr. Cook spoke about his trip to Guam. Mr. Johnson stated that he was proud to be a new father, business owner and resident of the Shores. Mr. Boyle spoke about El Portal's opposition to the police proposal. Mr. Fernandez spoke about National Night Out and Crime Watch. Mayor Heffernan spoke about National Night Out and Crime Watch. He thanked Crime Watch and Mobile Crime Watch volunteers. ITEM *9 ADJOURNMENT The meeting was adjourned at 10:30 p.m. By: Scott W. Davis Village Clerk William Jf He Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \NI \ \MI II SI \ \\1I MII)I)I I \ ki1F t Lt! c 7� dKv ti ti .I\6 \I)I)Kl's 35-1 /14t--.. loss1. till COI SIN' S yrs ft ,t%t4 \AME 01- BOARD. COI NCII. COMMISSIO.. Al IHOKIIt uR lOM\1lITIE I HF HOARD. COL \CII . COMMISSION \1 I HORI1l OR COMMIT I EE + }� WHICH I SERVE IS A l \11 OF +Z C'11Y 7 CO( \11 Z 1)I HER 10<.I \t,F\C I)\IF 05 \\HI( H ltiIF 04.1.1 KI- S.AMEOF POI IricAl ,l HDI\ISIO` 1/4/11.4444; 549PeS MY POSITION IS: EI ECTI\E: APPOI\ II\ E i 1 WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council. commission. authority. or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will \ary greatly depending on whether you hold an elective or appointive'position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES L.LECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appo _the local office otherwise may participate in a matter in which he has,,a conflict o interest. but must disclose the nature of the i=ct°irefore making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH iE VOTE WILL BE TAKEN: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. tEFOR\1.•B.141 PALE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should,cornplete•the form and fileit within 15 days after the vote occurs with the person responsible for recording the minu<es d'f the meeting. who should incorporate the form in the minutes. I. 4'l.(/ DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure came or will come before my agency which (check one) 19 inured to my special private gain; or nured to the special gain of by whom I am retained. (b) The measure before -my agency and the nature of my interest in the measure is as follows: '{he( %far telY4 4r. Date Filed eb ti -14T- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM NB PAGE