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10-04-1994 Regular MeetingMiami Shores Village Regular Council Meeting October 4, 1994 The regular meeting of the Miami Shores Village Council was held on October 4, 1994 at the Village Hall commencing at 7:30 p.m. with the following members present: Present: Also Present: CONSIDERATIONS: Mayor Heffernan Michael Boyle Richard Fernandez Steven Johnson Robert Cook Michael R. Couzzo, Jr. Scott W. Davis ITEM *1 VILLAGE CLERK: Mr. Scott Davis A. MINUTES Mr. Cook asked that the minutes from the Regular Council meeting of 9/6/94 be amended to reflect that In Item number 4 that he stated that the large outcry against the tower was the tower on NE 2nd Avenue across from Barry University. Mr. Fernandez asked that the minutes be amended In Item *1 to reflect that he had given three reasons why the Charter amendment should move forward. He stated that the three reasons are as follows: The provision would limit bullet voting Provides for the Mayor to succeed themselves Provides for the opportunity for County influence Mr. Cook moved approval of the minutes as amended from the September 6, 1994 Regular Council Meeting. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mr. Cook moved approval of the minutes from the Final Budget Hearing on 9/14/94. Mr. Johnson seconded the motion and the vote was unanimous In favor. The Council acknowledged receipt of the minutes from the following meeting: Planning & Zoning Meeting 8/25/94 ITEM *2 APPOINTMENT TO MIAMI SHORES BOARDS AND COMMITTEES: Advisory Board on Handicapped services Mr. Cook moved to appoint Ms. Jennifer Saxon Fleming to the Board. Mr. Johnson seconded the motion and the vote was unanimous in favor Planning and Zoning Board Misters Lance Harke, Louis Imburgla, Michael Maxwell, Tom Septembre and Mark Ulmer spoke on their own behalf. The vote was taken by paper ballot and was as follows: Cook - Imburgla, Maxwell Johnson - Imburgla, Ulmer Boyle - Imburgla, Ulmer Fernandez - Imburgla, Ulmer Heffernan - Imburgla, Ulmer Mr. Imburgia and Mr. Ulmer were appointed to the Board. Mr. Fernandez read from the Code of Ordinances regarding the duties of the Board. Recreation Advisory Board Misters Hung Duc Pham, Lawrence Hull, Gregory Murphy, Ken Whittaker, and Ms. Candy Rengstl spoke on their own behalf. The vote was taken by paper ballot and was as follows: Fernandez - Pham, Hull, Rengstl, Whittaker Heffernan - Hull, Murphy, Rengstl, Whittaker Cook - Hull, Murphy, Rengstl, Whittaker Johnson - Hull, Murphy, Rengstl, Whittaker Boyle - Pham, Murphy, Rengstl, Whittaker Mr. Hull, Mr. Murphy, Ms. Rengstl and Mr. Whittaker were appointed to the Board. Historic Preservation Board Ms. Kimberly Logan Hynes and Mr. Martinez spoke on their own behalf. The vote was taken by paper ballot and was as follows: Cook - Franck, Logan Hynes Johnson - Franck, Logan Hynes Heffernan - Franck, Logan Hynes Boyle - Franck, Logan Hynes Fernandez - Logan Hynes, Martinez Ms. Logan Hynes and Ms. Franck were appointed to the Board. Country Club Advisory Board Misters Abramitis, Harmes and Newman spoke on their own behalf. The vote was taken three times by paper ballot and the final vote was as follows: Heffernan - Harms, Newman Johnson - Harms, Newman Boyle - Abramitis, Newman Fernandez - Abramitis, Newman Cook - Harms, Newman Mr. Harmes and Mr. Newman was appointed to the Board. Beautification Advisory Committee Mr. Cook moved to appoint Mr. Harke to the Committee. Mr. Johnson seconded the motion and the vote was unanimous in favor. Code Enforcement Board Mr. Lance Harke and Mr. John Patnik spoke on their own behalf. The vote was taken by paper ballot and was as follows: Boyle - Harke, Burch Cook - Harke, Patnik Johnson - Harke, Burch Heffernan - Harke, Burch Fernandez - Harke, Burch Mr. Harke and Ms. Burch were appointed to the Board. Fine Arts Commission Mr. Fernandez moved to appoint Ms. Donna Baxter and Ms. Robin Gart to the Commission. Mr. Johnson seconded the motion and the vote was unanimous in favor. Pension Board Mr. Fernandez moved to appoint Police officer Timothy Dearden to the Board. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mr. Cook asked that an Item be placed on a future agenda to have the Chairpersons of the Boards meet with the Council and take a look at the size of some of the Boards to see If the sizes are absolutely necessary. Mr. Fernandez stated that the necessity of some of the Boards would be discussed at the same time. Mayor Heffernan called for a recess at 8:52 p.m. The meeting was reconvened at 9:00 p.m. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING SHORES PERFORMING ARTS THEATER FUNDING REQUEST. Mr. Johnson presented the Item and Introduced Mr. Stephen Neal, Vice Chairman of the Shores Performing Arts Theater. Mr. Neal spoke about the position of the theater with regard to children's theater. Mayor Heffernan asked about the escrow of advanced ticket sales. Mr. Johnson responded. Mayor Heffernan asked what would happen If the Village did not appropriate the funds as requested. Mr. Neal stated that one of the options would be that the theater would close. Mr. Neal stated that the theater was nominated for 4 Carbonel Awards. Mr. Boyle asked If FIU or Barry has provided any funding. Mr. Neal stated that a fund raiser event was held at Barry. Mr. Fernandez asked about the theater financial statement. Mr. Johnson responded. Mr. Fernandez stated that the date of the statement Is January 31, 1994 and that the Council does not have current data. Mr. Johnson stated that $21,250 Is the total of the grant request. Mr. Couzzo stated that $8,000 was budgeted for the theater. Ms. Peggy Baker: Mr. Henry Courtney: Mr. Ed Harrigan: Supports the theater and stated that the Council should keep the theater open and going. Spoke In favor of the grant and spoke about the history of the theater. He stated that other communities support their theaters. Asked If the theater made the required reports to the IRS. Mr. Johnson replied yes. Mr. Harrigan stated the sentiment of the community Is to not fund the theater. In response to a comment by Mr. Harrigan, Mr. Fernandez asked If there was a $15,000 loan to the theater. Mr. Couzzo responded that there Is not an outstanding loan from the Village to the theater. Mr. Stev'n Loffredo: Spoke about the history of the theater. Ms. Betty Lasch: Mr. Jerry Lance: Mr. Brian Smith: Mr. Michael Maguire: Stated that the theater has Improved the Image of Miami Shores. Spoke about how bad the theater was and how it has Improved. Stated that he was not in favor a grant and suggested loans. Spoke about the monthly rent of the theater of $1775 per month. Ms. Kay Doxey: Spoke about the theaters financial statement not being In order. Mr. Johnson spoke about cultural events being supported by government. He stated that the Village's Intent is to support the theater. Mr. Boyle stated that the theater Is an asset that the community has. He stated that It brings pride and good publicity to the community. Mr. Fernandez asked to come back at the next ITEM *6 REQUEST FOR COUNCIL RATIFICATION OF PBA CONTRACT The Village Clerk reviewed the changes In the contract. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM *7 POLICE DEPARTMENT: Chief Michael Zoovas A: REQUEST FOR APPROPRIATION OF FORFEITURE FUNDS FOR DONATION OF FUNDS AND A STRUCTURAL ENGINEERING STUDY OF 9990 NE 2nd AVENUE. Mr. Couzzo explained the background on the structural engineering study. Mr. Fernandez moved approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. Mr. Johnson moved approval of the request to donate forfeiture funds in the amount of $1,000 to Central High School. Mr. Fernandez seconded the motion. Chief Zoovas explained the requirements to donate funds to youth programs. The vote was as follows: Fernandez - Yes Johnson - Yes Cook - Yes Heffernan - Yes Boyle - No The motion carried. Mr. Johnson moved approval of the request to donate $1,000 to the Northwest Boys and Girls Optimist Club Football Team. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *8 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA AMENDING SECTION 2-18 (E) (2) OF THE CODE OF ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA; INCREASING MILAGE ALLOWANCE FOR TRAVEL IN PRIVATELY OWNED VEHICLE; PROVIDING EFFECTIVE DATE. First Reading. The VIIIage Clerk read the caption of the ordinance. Mr. Cook so moved. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM *9 PUBLIC WORKS DEPARTMENT: Mr. Tom Benton A. AWARD OF BID FOR GAS PUMPS AT PUBLIC WORKS Mr. Benton explained the background and recommended that the bid be awarded to the low bidder which was Miller Industrial Equipment, In the amount $6,518.42. Mr. Cook moved to award the bid to the low bldder. Mr. Johnson seconded the motion. Mr. Cook suggested Investigating using forfeiture funds for this Item. The vote was unanimous In favor. B. ;REQUEST TO WAIVE BID REQUIREMENTS FOR SIDEWALK SURVEY Mr. Benton reviewed the background and recommended LudIvici and Orange for a total dollar amount of $9,000. Mr. Johnson so moved. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *10 DISCUSSION AND POSSIBLE ACTION REGARDING THE SETTING OF TIME AND PLACE FOR AN EXECUTIVE SESSION TO DISCUSS THE SETTLEMENT OFFER PROPOSED BY THE ATTORNEY REPRESENTING ROBERT KURLAND IN THE CASE OF KURLAND vs MIAMI SHORES VILLAGE. Mr. Couzzo and Mr. Fann reviewed the background explalend why they were requesting the executive session and recommended October 11th at 8:00 a.m. for the date and time for the meeting. The consensus of Council was to have the executive session and have the Clerk find a date and time that Is mutually agreeable to all parties Involved. ITEM *11 ANNOUNCEMENTS The Village Clerk read the announcements. ITEM *12 PUBLIC COMMENTS Mr. Prospero Herrera: Spoke about a time line for sidewalk repair. Mr. Couzzo stated that the assessment will be completed by the first of the year. ITEM *13 COUNCIL COMMENTS Mr. Fernandez complemented the Mayor on an article that appeared In Miami Today. He also spoke about using a consent agenda at Council meetings. Mr. Cook complemented Mayor Heffernan on his handling of the Council meetings. Mayor Heffernan spoke about a production at the theater. ITEM *14 ADJOURNMENT The meeting was adjourned at 11:26 p.m. Scott W. Davis Village Clerk William Mayor rnan FORM 8B MEMORANDUM OF VOTING CONFLICT FOR BOUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS ' NAME—FIRST NAME—MIDDLE NAME TO hAsa k S-Feveh JOii NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Pit-ait r .'Acres VIA e Cvc is / I. dNG ADDRESS / /1 ! 5 e- G 5- Si- I �(/ THE BOARD, COUNCIL„ COMMISSION,A itBORITY OR COMMITPEE ON WHICH ISERVE ISAUNITOF: 0 COUNTY 0 OTTER LOCAL AGENCY COUNTY CITY^r� f a ni I ,J A ares & ate OF POLITLCALSUBDIVISION �/� 'Vet, n 1 S'1Oref /l-/ e DATE ON WHICH VOTE 777v/ MY POSITION IS: O APPOINTIVE WHO MUST FILE FORM 8B 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 voting on a measure in which you have a conflict of interest will vary 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 Terson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure ich inures to his or her special private gain. Each elected or appointed 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 or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother- in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo- ration are not listed on any national or regional stock exchange). • ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, u must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and ether made by you or at your direction. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE TE WILL BE TAKEN: • You must 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 must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXU a i BY DISCUSSION AT THE. MEETING: • You must disclose orally the nature dye= conflict in the measure before participating. • You must complete the form and file it within 16 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. �-�- J DISCLOSURE OF LOCAL OFFICER'S INTEREST $' /even L 3 e M.S4 n , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, inured to the special gain of my relative, inured to the special gain of C C C Con -:CU //Iv whom I am retained; or inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,19 79: , by G'CC Cansu/1 lly 7- c. Inas ct TA i s CO / 1,/qf j/ is GI c/ O 7e em//off/mat antI17h w'/icX 11///91( Date Filed d qVer oil Q i // efToi Pc7- 1-1- C/9,2 7L/ps'►1)/ /e 2 em 5 -lei 'eA2 D ( Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), 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 $5,000. CE FORM 88 - REV.1/94 PAGE 2