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08-16-1994 Regular MeetingMiami Shores Village Regular Council Meeting August 16, 1994 The regular meeting of the Miami Shores Village Council was held on August 16, 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 Robert Cook Michael R. Couzzo, Jr. Scott W. Davis Chief Zoovas presented a plaque to Lela Jacobson, Mobile Crime Watch Coordinator. Chief Zoovas Introduced new Police Officers and the officers that were recently promoted. Mr. Couzzo Introduced the new Community Affairs Specialist, William Nelson. CONSIDERATIONS: ITEM *1 VILLAGE CLERK: Mr. Scott Davis A. MINUTES Mr. Cook moved approval of the minutes of the August 2, 1994 Regular Council Meeting. Mr. Boyle seconded the motion and the vote was unanimous In favor. Mr. Cook moved approval of the minutes from the Special Council Meeting of 8/1/94. Mr. Boyle seconded the motion and the vote was unanimous In favor. The Council acknowledged receipt of the minutes from the following meetings: Planning & Zoning Meeting 7/14/94 Pension Board Meeting 5/12/94 Code Enforcement Board 8/4/94 B. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA AMENDING PARAGRAPH (a) OF SECTION 9-44 AND SECTION 9-46 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA; PROVIDING FOR TEN DAY GRACE PERIOD FOR PAYMENT OF WASTE FEES AND INCREASING CHARGE FOR EACH INQUIRY ON WASTE FEE ACCOUNTS; PROVIDING FOR EFFECTIVE DATE. The Village Clerk read the caption of the ordinance. Mr. Cook moved approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. C. RESOLUTION APPROVING PROPOSED AMENDMENTS TO SECTIONS 21, 22, 26 AND 27 OF ARTICLE III OF THE MIAMI SHORES VILLAGE CHARTER; PROVIDING FOR ELECTION AND TERM OF OFFICE OF MAYOR AND COUNCIL MEMBERS. The Village Clerk read the caption of the resolution and Mayor Heffernan explained the resolution. Mr. Fernandez spoke In opposition to the proposed resolution. He stated that this would create the Weak Mayor form of government In Miami Shores. He stated that the proposal is complicated and that he doesn't understand the resolution even though he has studied the Issues. Mr. Johnson stated that the proposal solves the problem of bullet voting. Mr. Fernandez stated that If his proposal for selection of Mayor Is passed he will not seek the office of Mayor. Mr. Cook stated that the Council may not be able to fill all of the seats if everyone wants to run for Mayor. He also spoke about the scenario If nobody runs for Mayor. Mr. Boyle stated that he was concerned with placing more emphasis on the position of Mayor. He stated that the answer could be to have an election of 3 seats then at a later time have a second election for Mayor. Mr. Cook stated that there is no way to completely eliminate bullet voting. Mr. Boyle stated that having a second election will remove the incentive to bullet vote. Mayor Heffernan stated that he was not In favor of the expense to have a second election. He stated that for 63 years the people have elected the Mayor by giving a candidate the most votes. He said that the Council should not change the system. Mr. Johnson stated that he was concerned with the expense of a second election and emphasizing the Mayor's position. He suggested leaving the system the way it ts, that the Mayor Is elected by the Council, but requiring 1 yoar Council experience as a requirement for the Mayor's position. He also discussed having the 1 year experience as an elected official In any community In Florida. Mr. Boyle stated that previous Mayors have done a fine Job and that he was in favor of leaving the system that way it Is. Mr. Cook suggested that the Mayor serve 1 year as Vice Mayor first then serve 2 years as Mayor and finish up as a Council member. Mr. Fernandez spoke about the Mayor succeeding himself and the Influence that Miami Shores has In the Florida League of Cities (FLC) and the Dade League of Cities (DLC. Mr. Johnson stated that the Manager should go to the FLC and the DLC meetings, He stated that there Is a benefit to having the Mayor serve on Council for a year before becoming Mayor. Mayor Heffernan read suggested language proposed by Mr. Fernandez and amended by Mr. Johnson as follows: The Mayor shall be elected from those Council persons who have served for at minimum one year as a elected official In the State of Florida. 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. The consensus of Council was for the Village Attorney to come back at the next Council meeting with the above language Incorporated Into a resolution. Mayor Heffernan spoke about meeting decorum and that speakers should be recognized by the Chair before they speak. D. RESOLUTION CALLING SPECIAL ELECTION IN MIAMI SHORES VILLAGE, FLORIDA ON TUESDAY, NOVEMBER 8, 1994 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI SHORES VILLAGE PROPOSALS FOR AMENDMENTS TO MIAMI SHORES VILLAGE CHARTER AS FOLLOWS: TO SECTION 21 TO PROVIDE FOR ELECTION OF MAYOR BY ELECTORATE; TO PARAGRAPH 3 OF SECTION 22 TO ESTABLISH TERMS FOR COUNCIL MEMBERS; TO SECTION 26 TO ACCOMMODATE TITLE OF MAYOR AND FORFEITURE OF OFFICE UPON BECOMING NON-RESIDENT; TO SECTION 27, TO PROVIDE FOR ELECTION AND TERM OF OFFICE OF MAYOR Item number 1d was withdrawn to be placed back on the agenda at the next meeting. E. A RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL URGING VOTER APPROVAL OF THE DADE COUNTY REFERENDUM ON THE PUBLIC SAFETY FOUR POINT PLAN TO BE VOTED UPON SEPTEMBER 8, 1994. The Village Clerk read the caption of the resolution. Mr. Fernandez explained the background of the resolution and moved that through this resolution the Council recommend to the residents that they vote In favor of the County's Four Point Plan. Mr. Johnson seconded the motion. Mayor Heffernan stated that he has not had enough time to study the Issues. He suggested deferring the issue for 1 meeting. It was determined through discussion that the next meeting was too close to the election to defer action. The vote was taken and was unanimous In favor. F. DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF DATE FOR COUNCIL WORKSHOP FOR EVALUATION OF VILLAGE MANAGER. The consensus of Council was to have the meeting on August 30th at 6:00 p.m. Mr. Fann was excused from the workshop meeting on the 30th. ► ITEM *2 BUILDING AND ZONING: Mr. Frank LuBlen A. REQUEST FOR APPROVAL OF THREE FOOT PATIO REAR SETBACK. Mr. Lubien explained the background and stated that Ms. Patti Walker was In attendance at the meeting. Mr. Fann stated that this Is not a hardship and that there Is no basis for granting a variance. Mr. Fernandez moved to deny the variance. Mr. Cook seconded the motion. Mr. Cook asked that an amendment be added to the motion that the $50.00 reapplication fee be waived for the applicant to return to the P&Z Board. Mr. Fernandez rejected the amendment to his motion. The vote was as follows: Fernandez - Yes Cook - Yes Boyle - Yes Heffernan - Yes Johnson - No ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING MIAMI SHORES PERFORMING ARTS THEATER GRANT. Mr. Johnson Introduced the Item and introduced Mr. Steven Nell, Vice Chairman of the Theater Board. Mr. Nell reviewed the request and the history of the theater. In response to a question from Mr. Boyle, Mr. Nell spoke about a $200,000 grant that the theater may qualify for. Mr. Fernandez stated that the request Is for an operating expense. He stated that he would like to see Capital Asset requests and that he likes matching grants. Mr. Couzzo stated that in FY 93-94 the Village has allocated $8,000 to the Theater. He also stated that In the proposed FY 94-95 budget there Is an $8,000 allocation. Mr. Nell stated that a lack of revenues has made It not possible to pay the rent on the theater. Ms. Peggy Rente, President of SPATS, spoke about payment of the rent and the financial situation of the theater. Mr. Couzzo suggested that Mr. Nell come back with a specific dollar figure for the request. Mr. Fernandez agreed. Mayor Heffernan stated that the theater is very Important and subsidies for the theater are necessary. Mr. Cook asked If the theater does not have the funds at this time for the rent will it have It at a future date. Mr. Johnson responded and stated that the theater always been In arrears on debt but that they have paid back all debts. He stated that historically rent would be caught up but that a grant from Council would allow the theater to start out the season on a solid footing. Mr. Cook proposed an Interest free, liberal payback loan. Mr. Fernandez suggested that the Council should set a figure that the theater would match as a bridge loan until they have better cash flow. Mr. Johnson spoke about his Interest In the theater and why he Is Involved In the theater. He stated that it was to Improve the VIIIage. He suggested that the Council fund, from the current budget, the back rent and fund the current rent from next years budget. Mr. Neil stated that community support is necessary to get grants and this would qualify as community support. Mayor Heffernan stated that the Item should be sent back to staff and brought back at the next Council meeting. Mr. Cook suggested directing the Village Manager to contact the landlord to let them know that the Council is working on a solution for the rent. Mr. Fernandez spoke In opposition to Mr. Cook's suggestion. Mayor Heffernan called for a recess at 9:50 p.m. The meeting was reconvened at 9:56 p.m. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING SELECTION OF DATES FOR RECESS OF COUNCIL. The Village Clerk suggested September 20th and December 20th. After the pros and cons were discussed the consensus of Councll was to recess on September 20th and December 20th, 1994. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING EVALUATION OF THE VILLAGE CLERK. Mayor Heffernan explained the background and suggested performing the evaluation at the same workshop meeting that the Village Manager is evaluated. Mr. Couzzo suggested evaluating the Clerk subsequent to the Manager's evaluation. He stated that In the future they could both be done at the same workshop. Mayor Heffernan stated that the Council could evaluate the part of the clerk's position that the Council has Input on. Mr. Cook spoke about a potential conflict If the Village Manager and the Council both evaluate the Clerk. The consensus of Council was to have the VIllage Manager evaluate the Clerk. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING LIMITING PUBLIC COMMENTS AT END OF COUNCIL MEETINGS TO MIAMI SHORES RESIDENTS, UNLESS SPONSORED BY A COUNCIL MEMBER AND RECOGNIZED BY THE MAYOR. Vice Mayor Boyle reviewed the background and moved to limit public comments at the end of Council meetings to residents of Miami Shores and non residents of Miami Shores that have the sponsorship of a Council member and the agreement of the Chair. Mr. Fernandez seconded the motion. He stated that he does not support themotion and that there Is a process In effect that can take care of abuses of public comments. Mr. Fernandez stated that the Council does not know what the public will say before they get up to speak and that it would not be fair to limit public comment. He stated that It sends the wrong message. Mayor Heffernan stated that he was In favor of the motion and that it does not send the wrong message. Mr. Johnson stated that the motion makes it much more clear cut. He suggested eliminating the part of the motion regarding agreement by the Chair. He spoke about the history of public comments at Council meeting isn Miami Shores. Mr. Cook spoke about the Mayor recognizing speakers at the meetings. He asked about precedent set In other governmental meetings. Mayor Heffernan stated that the Chair sets the rules and they are shaped over time. Mr. Fernandez stated that the motion flys In the face of free speech. Mr. Johnson suggested that non residents should contact the Village Manager, who can often offer solutions to problems rather than coming to Council meetings. Mr. Boyle stated that non residents should not use Miami Shores Council meetings as a forum because they cannot get the same forum In their own community. He stated that they can still be heard but with limitations. The vote was as follows: Johnson - Yes Boyle - Yes Heffernan - Yes Fernandez - No Cook - No The motion carried. ITEM *7 ANNOUNCEMENTS: The Clerk read the announcements. ITEM *8 PUBLIC COMMENTS Ms. Loretta Olsen: Mr. Couzzo responded and early September. Mr. BIlI Herrera: Mr. Michael Maguire: Asked about the Fire Station. stated that construction will begin in Spoke about erection of a fence on his property. He also spoke about property owned by the Mayor. Spoke about barricades in the Village. ITEM *9 COUNCIL COMMENTS Mr. Cook spoke about continuing education for Contractors and a future workshop for P&Z and Code Enforcement. Mr. Johnson stated that he was proud to be a resident and business man In Miami Shores and raising a family In the best community In South Florida. Mr. Fernandez spoke about annexation and an incorporation committee report from John Cavalery of Miami Springs. Mayor Heffernan spoke about Public Works protects that are In progress and the stepped up Community Policing efforts in the Village. ITEM *10 ADJOURNMENT The meeting was adjourned at 11:05. William J Mayor By: Scott W. Davis Village Clerk