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10-04-1994 Regular Meeting (2)Miami Shores Village Regular Council Meeting October 4, 1994 The regular meeting of the Miami Shores Village Council held on October 4, 1994 at the Village Hall commencing 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 was at 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 Imburgia, Michael Maxwell, Tom Septembre and Mark Ulmer spoke on their own behalf. The vote was taken by paper ballot and was as follows: Cook - Imburgia, Maxwell Johnson - Imburgia, Ulmer Boyle - Imburgia, Ulmer Fernandez - Imburgia, Ulmer Heffernan - Imburgia, 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: Franck, Logan Hynes - Franck, Logan Hynes - Franck, Logan Hynes - Franck, Logan Hynes - Logan Hynes, Martinez and Ms. Franck were appointed to the Board. Cook - Johnson Heffernan Boyle Fernandez Ms. Logan Hynes Country Club Advisory Board Misters Abramitis, Harmes and Newman spoke on their The vote was taken three times by paper ballot and as follows: Heffernan Johnson Boyle Fernandez Cook Harmes and was Mr. own behalf. the final vote - Harms, Newman - Harms, Newman - Abramitis, Newman - Abramitis, Newman - Harms, Newman 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 - Harker Burch Cook - Harker Patnik Johnson - Harke, Burch Heffernan - Harke, Burch Fernandez - Harker 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. Steven Loffredo: Spoke about the history of the theater. Ms. Betty Lasch: 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 Mr. Jerry Lance: Mr. Brian Smith: Mr. Michael Maguire: meeting to have a chance to have updated financial information. Mr. Johnson reviewed the request as follows: A grant in the amount of $10,600 to be used to make the lease payments on the theater building which are currently in arrears, and Twelve matching mini -grants in the amount of $887.50. These mini -grants would be issued by the Village and matched by the theater on a month by month basis. Mr. Cook spoke about different options for the suggested a loan of $10,600 with very liberal terms the matching mini grants. Mr. Fernandez suggested a with no specific pay back schedule. He stated that grant is acceptable. Mr. Johnson stated that he was of a loan. theater and and approve bridge loan the matching not in favor Mr. Johnson moved that Miami Shores Village pay a grant to the Shores Performing Arts Theater in the amount of $10,600 to be used to make lease payments on the theater building that are in arrears and that the Council grant 12 matching mini -grants in the amount of $887.50 each which would be issued by the Village on a month by month basis to pay the rent of the theater from October 1994 - September 1995 with the proviso that the theater provide current financial information through September 30, to the Village by the end of October of this year. Mr. Fernandez seconded the motion. Mayor Heffernan stated that a loan is not appropriate in this case and that he is in full support of the request. The vote was taken on the motion and was as follows: Cook - No Johnson - Yes Heffernan - Yes Boyle - No Fernandez - No The motion failed. Mr. Cook moved to grant the amount of $10,600 to be used to make lease payments in arrears for the theater to come out of $8,000 budgeted and for the Village Manager to come up with the additional $2,600 out of the general contingency fund. Mr. Fernandez seconded the motion. Mr. Boyle stated that he is offering support for the theater because the Village has an obligation to support cultural recreation as well as physical recreation. The vote was unanimous in favor. Mayor Heffernan called for a recess at 10:50 p.m. The meeting was reconvened at 10:55 p.m. ITEM #4 DISCUSSION AND POSSIBLE PROMOTION AND DOWNTOWN DEVELOPMENT. item due to the late hour. He asked requested to attend the meeting when ACTION CONCERNING COMMUNITY Mr. Fernandez withdrew this that members of P&Z Board be the item is discussed. ITEM #5 REQUEST FROM PCM TO ADVANCE ESCROW FUNDS TO PAY PROPERTY TAXES. Mr. Couzzo reviewed the background and Mr. Fernandez moved for approval. Mr Boyle seconded the motion. Mr. Couzzo stated that PCM can avail themselves of a %4 discount. The vote was unanimous in favor. 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 Village 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 bidder. 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 explaiend why they were requesting the executive session and recommended October llth 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 in Miami Today. He also spoke Council meetings. Mr. Cook complemented Mayor Council meetings. Mayor Heffernan spoke about a Mayor on an article that appeared about using a consent agenda at Heffernan on his handling of the production at the theater. ITEM #14 ADJOURNMENT The meeting was adjourned at 11:26 p.m. By: Scott W. Davis Village Clerk William J. He an Mayor