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02-07-1995 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 7, 1995 The regular meeting of the Miami Shores Village Council was held on February 7, 1995 at the Village Hall Council Chambers, commencing at 7:35 P.M. with the following members present: PRESENT: Mayor Heffernan Michael Boyle Richard Fernandez Steven Johnson ALSO PRESENT: Michael R. Couzzo, Jr. Scott W. Davis William F. Fann ABSENT: PRESENTATIONS: Robert Cook Mayor Heffernan presented a Proclamation to Ms. Nancy Hester, President of the Dade League of Women Voter's in celebration of the League of Women Voters, 75th anniversary. Mayor Heffernan presented a Proclamation to Mrs. Taeko Ezaki, a Japanese intern, who is teaching at the Von Wedel Montessori School. CONSIDERATIONS: ITEM #1 CONSENT AGENDA A. Minutes 1. Regular Council Meeting 1/17/95 2. Recreation Advisory Board 12/12/94 3. Historic Preservation Board 12/5/94 4. Planning & Zoning Board 1/12/95, 1/26/95 B. Award of Bid for 1995 Dual Side Loading Recycling Truck to Ray Pace Waste Equipment, in the amount of $102,452. The Clerk read the items on the Consent Agenda. Mr. Fernandez moved approval of the Consent Agenda. Mr. Johnson seconded the motion and the vote was unanimous in favor. ITEM #2 DISCUSSION AND POSSIBLE ACTION REGARDING THE VILLAGE CLERK POSITION Mr. Boyle explained his reason for placing this item on the agenda. He indicated that Mr. Davis, the Village Clerk, had submitted his resignation from the Clerk position in order to devote his time to those duties of the Human Resources Director. Mr. Boyle moved to accept Mr. Davis' resignation. Mr. Johnson seconded the motion. Mr. Fernandez expressed his concerns regarding replacing Mr. Davis. He suggested that with the Village elections fast approaching, and with Mr. Davis' consent, postponing acceptance of Mr. Davis' resignation until after the elections. Mr. Boyle stated that he had planned to make this agenda item a two-step process, step one being accepting Mr. Davis' resignation, and step two, naming a replacement. Mr. Boyle indicated that the Council had received the Village Manager's recommendation to name a "deputy/interim" Clerk. Mayor Heffernan stated that he was very comfortable with the Manager's suggestion of Mrs. Fugazzi serving as an interim Clerk. Mr. Boyle stated that Mr. Davis would continue his employment with the Village and be available to help with the transition period. Mayor Heffernan concurred with Mr. Boyle's comments. Mr. Fernandez stated that he believed there had been another staff member who expressed interest in the position. Mr. Boyle stated that he wanted to discuss the replacement of Mr. Davis after accepting his resignation. Mr. Fernandez indicated that whether the Council accepts the resignation or not depends on the replacement. Mr. Boyle stated that Mrs. Fugazzi is a qualified candidate and has the Village Manager's support, as well as his support. He further stated that Mrs. Fugazzi has been recording the minutes of the Planning and Zoning Board, and he had spoken to the Building Official, Frank LuBien in reference to her performance, which was reported to be exceptional. Mr. Johnson stated, for informational purposes, that the Clerk's functions in a Village this size, would not comprise a full-time position. He concurred with Mr. Boyle and Mayor Heffernan that Mrs. Fugazzi is qualified and has filled in for Mr. Davis in his absence. He further stated that although the elections are an important event, he did not believe they were excessively time consuming. Mr. Davis agreed with the assessment. Mr. Fernandez stated that the Village Clerk is a Charter position and the Charter does not provide for an interim Clerk. He stated that a deputy Clerk is provided for in the Charter, but only when there is also a Clerk. Mr. Fann stated that the Council could name an individual to serve as the Clerk for a fmite period of time. Mayor Heffernan repeated the motion before the Council, to accept the resignation of Mr. Davis as Village Clerk. The vote was taken and it was unanimous in favor. Mr. Boyle made a motion to appoint Mrs. Fugazzi as interim Village Clerk until June 1, 1995. Mr. Johnson seconded the motion. Mr. Fernandez reiterated that the Charter does not provide for an interim Clerk. Mr. Johnson stated that the Charter does not provide for an interim Village Manager, but that the Village had appointed one in the past. Mr. Fann stated that the motion was adequate as stated. The vote was as follows: Mayor Heffernan Yes Mr. Boyle Yes Mr. Johnson Yes Mr. Fernandez No ITEM #3 BUILDING & ZONING A. REQUEST FOR APPROVAL OF A VARIANCE TO ALLOW USE OF NON -CONFORMING BUILDING MATERIAL - Frank Hegedus The Clerk read the caption of the item. Mr. LuBien explained the reasons for the requested variance, indicating the historical designation of the home. Mr. Johnson stated that he would be abstaining from this vote due to a possible conflict. Mr. Fann stated that the variance had previously been approved by the Planning & Zoning Board. Mr. Boyle moved to grant the variance to allow use of non -conforming building materials. Mr. Fernandez seconded and the vote was as follows: Mayor Heffernan Yes Mr. Boyle - Yes Mr. Fernandez Yes Mr. Johnson Abstained B. REQUEST FOR APPROVAL TO PERMIT NON -PERMITTED STRUCTURES Dade County Public Schools The Clerk read the caption of the item. Mr. LuBien explained the reasons for the requested variance. Mr. Boyle expressed his impression that everyone is in favor of continuing the annex program. He stated his concerns regarding the "temporary" nature of the variance, which is now five years old, and the School Board looking for another three year extension. He asked what the School Board has done regarding future plans for the annex. Dr. Katherine Wilbur, Site Planning and Government Liaison for the Dade County Public School System, addressed the Council. She outlined the history of the portable units and their impact on the Village. She further stated that the School Board is in the planning stages of developing small, permanent sites, known as primary learning centers. She stated that Miami Shores is on her priority list as a possible site, although she had not spoken to Barry University representatives to date. Mayor Heffernan thanked the School Board for the good relationship enjoyed over the last years. He asked what the Council and community could do to help make the primary learning center become a reality in Miami Shores. Ms. Wilbur made a commitment to keep the Council informed as to progress in plans. Mr. Fernandez pointed out that Ms. Pallin, Principal of Miami Shores Elementary School, Freddy Ulloa from Barry University, and a number of parents were present at the meeting. He also stated that because the Planning & Zoning Board denied the variance, and Mr. Cook was absent from the meeting, a unanimous vote in favor of the extension was needed in order to over -rule the Planning & Zoning Board's decision. The Council invited public comment. Mrs. Pallin spoke regarding the uniqueness of the program and the benefits to the children. A number of residents came forward and spoke of their support for granting the variance and continuing the annex program. Mr. Fernandez stated that there exists an exceptional and unique set of circumstances that need to be narrowly construed. For this reason, time constraints were put in place. Mr. Fernandez moved to approve a three year extension to the existing agreement. Mr. Johnson seconded the motion. Mr. Johnson stated that he liked the temporary status of the extension because it keeps the School Board's attention focused on Miami Shores Village and encourages the School Board to keep the Village informed as to development. Mr. Boyle expressed his concerns regarding the length of the extension being for a three year period. He questioned why the extension could not be granted for a one year period. Mayor Heffernan stated his view that in a one year extension, the pressure would be on the community, not on Dade County Schools. A shorter extension would make planning for principals, teachers and parent very difficult. Mr. Fernandez concurred with the Mayor. Ms. Wilbur committed to keep the Village Manager informed of progress regarding permanency and, on a yearly basis, a report to the Village Council by a representative of the School Board. A roll - call vote was taken, resulting in the following: Mr. Johnson yes Mayor Heffernan yes Mr. Boyle yes Mr. Fernandez yes ITEM #4 VILLAGE MANAGER A. DISCUSSION AND POSSIBLE ACTION REGARDING THE STREET CLOSURE AT 105TH STREET Mr. Comm explained the agenda item, indicating the information contained in their packets and the results of the survey, which showed the majority of the homeowners in the area wished to have N.E. 105th Street closed and N.E. 10th Place open. Public comment was invited. Mr. and Mrs. Dorsen, Mr. James, Mr. Drody, Ms. Hager, Mrs. Wiener, Mr. Mar, Mr. Chambers, and Mrs. Fariss, spoke in favor of permanently barricading N.E. 105th Street. Mr. Herb Spahn, III, spoke against the 105th Street barricade. Mr. Fernandez asked Mr. Couz7o to clarify the survey procedure. Mr. Couz7o outlined the system which was used to conduct the survey. Mr. Boyle stated that in these type of circumstances, someone will be unhappy with the results. He also indicated that he had researched the statement that Miami Shores government had promised to return the streets to their original configuration when the Biscayne Boulevard construction was complete. In doing the research, he could find no indication that there were any promised made by the Village administration. Mr. Boyle moved to leave 105th Street closed and to leave N.E. 10th Place open. Mr. Fernandez seconded the motion. Mr. Herb Spahn III asked Mrs. Donna Baxter to relay the information as to how N.E. 10th Place was chosen to be the street to open. Mrs. Baxter explained that the street names were placed in a hat and N.E. 10th Place was the street picked to open. She indicated that there was no Village representative present at the meeting and there were no promises made to reinstate the barricade at N.E. 10th Place. Mr. Fernandez pointed out some advantages to having 105th Street barricaded. The vote was unanimous in favor. ITEM #5 VILLAGE CLERK A. ORDINANCE AMENDING SECTION 518(b) OF MIAMI SHORES VILLAGE ORDINANCE NUMBER 270, WAS AS AMENDED; LIMITING AUTHORIZED FENCING MATERIALS FOR CERTAIN CORNER LOTS; PROVIDING EFFECTIVE DATE. First Reading The Clerk read the caption of the Ordinance. Mr. Boyle moved approval. Mr. Johnson seconded and the vote was unanimous in favor. ITEM #6 ANNOUNCEMENTS The Village Clerk read the announcements. ITEM #7 PUBLIC COMMENTS Mr. Andrew Agosta Mrs. Donna Baxter Mr. T. F. Chambers Mr. Michael Maguire Spoke about the Mayor's Ball Spoke about the Mayor's Task Force and Unity Day. Thanked Public Works for cleaning the sidewalks on N.E. 2nd Avenue. Spoke about barricades and that they are illegal and promote crime. ITEM #8 COUNCIL COMMENTS Mr. Johnson Spoke about Unity Day. He is proud to be a resident and businessman in Miami Shores. Mr. Fernandez - Spoke about the DUI operation on Biscayne Boulevard and that he was impressed by professionalism of the police department. Mr. Boyle Mayor Heffernan Spoke on behalf of Loretta Olson and her enjoyment of Unity Day. Mr. Boyle also advised residents of the numerous ways which residents can reach members of the Council. Thank the volunteers and all those who helped with Unity Day. He also stated that he had heard that the Village will be receiving federal funds from the FAST COP program to fund one police officer. ITEM #10 ADJOURNMENT The meeting adjourned at 9:22 P.M. William J. He magi, Mayor 7 jA g Barbara Fugazzi, g ViClerk FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \.1 \ \MI I IK\I N. 1NI1 MIDI)! I \\MF • A n C 0 h 51evet ..10 4i -t ; t. '.t)I,KI.• ;I1 %1"1 ,' Cq in 1 s 4o r -PS iUl \IY le NAME OF BOARD. C01 NC!I COMMISSION. Al. I HUKII l uR t (WW1!! ,ail P - f1.0re5 V,'ll 9e Co wool 1 HE HOARD C01 \CII . COMMISSION \I 1 HURI1 , OK nti\t11 ! FF ,\ MHICH I SERVE IS Al NIT OF CITY 7 COL STY . 01HER \t,F\lY t) \ I F U\ ,AHI( H ‘ t i I F (l t 1 R K F I) \AME OF POI ITICAI a HUILISIO\ o'Am ® 5/e res V' Ileye MY POSITION IS: ElECTI'.E \PPOI\1IlE 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 ELECTED 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 (ocher 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 ocher 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 appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. 17 YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH } IE VOTE WILL BE TAKEN: 'e Nott 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. E HAM 'H. 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 complete the form and file it within 15 days after the vote occurs with the person responsible for recording the .minute of the meeting. who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on IreI A" e? 19 � : (a) .A measure came or will come before my agency which (check one) inured to my special private gain: or // / 1/7 -inured to the special gain of M r. Fran �c �9'eOl 45 (b) The measure before my agency and the nature of my interest in the measure is as follows: /'? r. Pl.yeaf 145 f e , 67es/e ei1 10'/a'ri /'►(e 1-0 Q /4 w U,5 e //70h -con r�,-m►'n9 ei, ld,`iy nilci fPrig lv to ve men �s 4-0 Aome-, Toe Heyeduf 5 are C/ief`I s 0 7L 71 / c, )11 p-46/ire n is wAi'd 67 I/ 1,1 an i 11 f e c e s , by whom 1 am retained. 2/ -/eq Date Filed Signature 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 S5.000. CE FORM MB•1.1 Pic,E