04-04-1995 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
APRIL 4, 1995
The regular meeting of the Miami Shores Village Council was held on April 4, 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
Steve Johnson
ALSO PRESENT: Thomas Benton
Barbara A. Fugazzi
William Fann
ABSENT: Robert Cook
PRESENTATIONS:
Mayor Heffernan and Vice Mayor Boyle presented Charlie Kluck and Mike Finkelstein with
Keys to the Village, for their work on co-chairing the annual Taste of the Shores event.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
1. Regular Council Meeting 3/21/95
2. Planning & Zoning Board Meeting 3/9/95
3. Code Enforcement Board Meeting 3/2/95
4. Fine Arts Commission 2/13/95
Mr. Boyle moved approval of the Consent Agenda. Mr. Johnson seconded the motion and the
vote was unanimous in favor.
Mr. Fernandez indicated his desire to hear Agenda Item #5 at this point in the meeting, rather
than as originally scheduled. There were no objections from the Council.
ITEM #5 BUILDING & ZONING Frank LuBien
A. Request for approval of a Variance to re -roof with cedar shakes to mansard.
Edith Donaldson 1569 N.E. 104th Street
Mr. LuBien explained the item and the decision of the Planning & Zoning Board to approve the
variance. Mr. Johnson moved to approve the variance to re -roof with cedar shakes. Mr.
Fernandez seconded the motion and the vote was unanimous in favor.
Mr. Johnson requested that an item be introduced on an emergency basis. Mr. Johnson explained
the circumstances of the proposed Resolution, regarding designating the home at 21 N.W. 101st
Street, as an Historic Landmark. Mr. Johnson moved to add the following Resolution as an
emergency item. Mr. Fernandez seconded the motion and the vote was unanimous in favor.
B. RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ACCEPTING
THE RECOMMENDATION OF THE HISTORIC PRESERVATION BOARD
TO DESIGNATE THE PROPERTY AT 21 N.W. 101 STREET A MIAMI
SHORES HISTORIC LANDMARK AND INSTRUCTING THE VILLAGE
CLERK TO RECORD THE HISTORICAL LANDMARK COVENANT IN THE
PUBLIC RECORDS OF METROPOLITAN DADE COUNTY.
Mr. Charles Smith was present representing himself as the property owner. He detailed the
historical background of the home. Mr. Fernandez clarified the procedures necessary for
performing any repairs on an historically designated home. Mr. Fernandez moved approval of
the Resolution. Mr. Johnson seconded the motion and the vote was unanimous in favor.
ITEM #2 DISCUSSION AND POSSIBLE ACTION REGARDING REIMBURSEMENT
TO COUNCILMAN JOHNSON FOR EXPENSES INCURRED Steven Johnson
Mr. Johnson explained the information which was included in the Council packet. Mr.
Fernandez questioned the required votes for a decision on this matter, Mr. Cook being absent and
Mr. Johnson abstaining from voting. It was believed that the remaining three Council members
would need to vote unanimously for a decision. Mr. Fernandez related his recent experience
regarding false allegations and accusations of wrong -doing and his need to defend himself
against such an investigation. He further stated his belief that the issue at hand is a policy issue
which should be addressed by the next seated Council. This would protect future Councils from
personally incurring debt which arises from their responsibility as a Council member. Mr.
Boyle stated that he had read the details of Mr. Johnson's request and believed the request to be
fair and justified. He further reiterated Mr. Femandez's comments regarding the need to protect
the public officials from unwarranted attacks. Mayor Heffernan indicated that in this instance,
sound judgement was used in the timing and wisdom of seeking outside legal counsel to defend
against the serious allegations made. Mr. Boyle moved to approve reimbursement for the
expenses incurred. Mayor Heffernan passed the gavel to Mr. Boyle and seconded the motion.
Public Comment on this issue was invited at this time.
Page 2
Edward Harrigan
Stated that he disapproves of the timing of this item being brought
before the Council. Does not understand why Mr. Johnson did not
retain the Village Attorney for representation.
Michael Maguire Stated that he agreed with Mr. Harrigan's comments and feels that
the item is inappropriate for the Council to address.
Mayor Heffernan clarified that the Village Attorney, Mr. Fann, will not defend individual
members of Council. Mr. Fernandez stated that unfounded allegations attack the reputation and
livelihoods of Council members and must be defended against. The vote was as follows:
Mayor Heffernan Yes
Mr. Boyle Yes
Mr. Fernandez Yes
Mr. Johnson Abstained
ITEM #3 FINANCE DEPARTMENT Patricia Varney
A. Discussion and Possible Action regarding approval for actuarial study for IBNR
in the Self -Insurance Fund.
Mrs. Varney detailed the reason for the request, stating the ultimate goal is to determine if the
Village is properly funded for this type of account. She further stated that she had received three
bids and recommends contracting the lowest bidder, AMI Risk Consultants. Mr. Johnson moved
approval for an actuarial study by AMI Risk Consultants. Mr. Boyle seconded the motion and
the vote was unanimous in favor.
ITEM #4 ACTING VILLAGE MANAGER Thomas Benton
A. Discussion and Possible Action regarding approval to extend the existing road
resurfacing contract with Pan American Construction.
Mr. Benton stated that the proposed price extension is far below current costs for resurfacing
work. Mr. Fernandez asked for clarification regarding bidding procedures. Mr. Benton stated
that by extending the existing contract, there was no need to bid the job. Mayor Heffernan spoke
about the Mayor's Task Force looking for prices from Pan American in order for homeowners to
take advantage of lower pricing for personal property. Mr. Boyle moved approval of the
extension. Mr. Johnson seconded the motion and the vote was unanimous in favor.
Page 3
B. Discussion and Possible Action regarding approval of a contract with Peacock,
Courtney to perform architectural studies for the renovation of the 9990 N.E. 2nd
Avenue Building, as negotiated by the Negotiating Committee.
Mr. Benton explained that negotiations had not been completed with Peacock, Courtney. He
further stated that with Mr. Co»zzo and Chief Zoovas at a conference for police facility planning
and programming, it was suggested that this item be withdrawn until a future meeting. The
consensus of the Council was to withdraw the item.
ITEM #6 ANNOUNCEMENTS
The Clerk read the announcements.
ITEM #7 PUBLIC COMMENT
Loretta Olson Mrs. Olson spoke about Taste of the Shores and urged all residents to vote
on April 11, 1995.
Edward Harrigan Mr. Harrigan spoke about Mr. Johnson's reimbursement and a policy for
the future.
Michael Maguire Mr. Maguire spoke about the elected officials and municipal government.
Betty Lasch Mrs. Lasch spoke about the integrity of the Council and thanked the
Council for their service to the community.
T.F. Chambers
Mr. Chambers discussed Mr. Fernandez's and Mr. Cook's contributions to
the Village through their years on the Planning & Zoning Board and the
Village Council.
ITEM #8 COUNCIL COMMENTS
Mr. Boyle
Mr. Johnson
Mr. Fernandez
Mr. Boyle spoke of his working on the Council with Misters Johnson,
Cook and Fernandez through the last two years and thanked them for their
guidance and fellowship.
Mr. Johnson thanked his fellow Council members for their support and
understanding. He stated that he was glad that he contributed to the
Village by serving on the Council.
Mr. Fernandez expressed his thanks to everyone on the Council and to the
administration of the Village.
Page 4
Mayor Heffernan
Mayor Heffernan spoke about the Taste of the Shores. He stated that his
time as Mayor has been a learning experience which he has enjoyed. He
commented on the contributions of those Council members who will not
be returning to the Council.
ITEM #9 ADJOURNMENT
The meeting was adjourned at 9:00 P.M.
Barbara Fugazzi, V
‘f;4William Heff rn , ayor
Page 6
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10:19
MSU
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FORM 81 MEMORANDUM OF VOTING CONFLICT FOR--
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WHO MUST W U FORM 11
This form is tsr use by any persun 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 %cuing conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the taw when faced with 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 COIYPUANCt WITH seam= $2.3143, 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 rhe special
gain of a principal (other than a government agency) by whom he is retained.
In either ease. 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
4shich }ort are abstaining from voting,; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by a:mpdeting 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 et 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.
IF YOU INTEND TO MAKE ANY ATTEMFrTO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
▪ You should complete and tide this form (before making any attempt to influence the decision( with the person responsible for
recording the minutes of the meeting. who will ircorpmate the form in the minuns.
• Atopy 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_
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04-05-1995 10:1BRM
305 756 8972
P.
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04/5.95 10:20 MSV
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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 shank! complete the form and kik it within iS days after the vote occurs with the person responsible for wording the minutes
of the meeting. who Mould incorporate the farm hi the Minutes.
cussunuas or LOCAL OFPjC IM'S lNTOIEST
disclose that onl" l y , , _ _ . 19
(a) AAmmeasure came emsu before my agency which (!seek one)
inured to my spei'ilt private lain; dr
—.,. inured to the special gain of
(hi The measure before My agency and the nature of my interest in the measure is as follows:
, eihtes 7Led re ism her$emett 7L O / q a'ne 7LiPrS 1 b,ceirred
by whom I am retained.
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Date Filed
Signature
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §II2.317 (19$5). 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 53.000.
CE Faith. • iaf
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STATE OF FLORIDA
MIAMI SHORES VILLAGE
I, Mary Ross Agosta, do solemnly swear (or affirm) that I
will support the Constitution and will obey the laws of the
United States and of the State of Florida, that I will, in all
respects, observe the provisions of the Charter and ordinances of
Miami Shores Village, and will faithfully discharge the duties of
the office of Councilperson.
So help me God.
SUBSCRIBED AND SWORN to before
18 t - o f i 1, A. D., 1995
Judge Jo-,- •, P.
Circuit - ourt Jud
In and or Dade Co
Florida
R ss Agosta
gosta
STATE OF FLORIDA
MIAMI SHORES VILLAGE
I, Louis S. Imburgia, Jr., do solemnly swear (or affirm)
that I will support the Constitution and will obey the laws of
the United States and of the State of Florida, 'that I will, in
all respects, observe the provisions of the Charter and
ordinances of Miami Shores Village, and will faithfully discharge
the duties of the office of Councilperson.
So help me God.
SUBSCRIBED AND SWORN to before
18th d •" A•..il, A.D., 1995
4111111L\ j
Judge Jos ='p P.
Circuit 'ourt Judg
In and or Dade Coun Florida
Louis S. Imburgia" J
STATE OF FLORIDA
MIAMI SHORES VILLAGE
I, Cesar Sastre, do solemnly swear (or affirm) that I will
support the Constitution and will obey the laws of the United
States and of the State of Florida, that I will, in all respects,
observe the provisions of the Charter and ordinances of Miami
Shores Village, and will faithfully discharge the duties of the
office of Councilperson.
So help me God.
SUBSCRIBED AND SWORN to before
18 :; • i April, A.D., 1995
Judge Jo:. -ph P.
Circuit Court Ju
In and For Dade County, Florida