01-16-1996 Regular MeetingMIAMI SHORES VILLAGE
COUNCIL MEETING
JANUARY 16, 1996
The regularly scheduled Council Meeting was held on Tuesday, January 16, 1996 at the C.
Lawton McCall Community Center, commencing at 8:35 P.M. with the following members
present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Michael Boyle
William Heffernan
Mary Ross Agosta
ALSO PRESENT: Michael R. Couzzo, Jr.
Barbara Fugazzi
Mark Ulmer
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
B. REQUEST TO AWARD BID FOR A 3/4 TON FORD F-250 PICK UP TRUCK
TO KOON'S FORD IN THE AMOUNT OF $18,062.62.
C. REQUEST TO AWARD BID FOR A 1 TON FORD F-350 DUAL WHEEL
PICK UP TRUCK TO KOON'S FORD IN THE AMOUNT OF $24,375.58.
Mr. Heffernan moved approval of the Consent Agenda. Mr. Sastre seconded the motion and the
vote was unanimous in favor.
ITEM #2 PUBLIC WORKS Tom Benton
A. REQUEST APPROVAL OF BEAUTIFICATION GRANT IN THE AMOUNT
OF $17,255.
This item was removed from the Agenda at the request of the Public Works Director.
ITEM #3 VILLAGE MANAGER Michael R. Couzzo, Jr.
A. DISCUSSION AND POSSIBLE ACTION REGARDING RETAINING CITY
PLANNERS.
Mr. Couzzo outlined the information contained in the Council package. Mr. Sastre asked if the
Code Review Committee and the Planning & Zoning Board had voted to retain city planners.
Mr. Couzzo stated that there had been no vote taken on the issue. Mr. Heffernan asked if the
idea was a whim of the Planning & Zoning Board or if there were specific areas of concern. Mr.
Couzzo clarified that there are two issues to be addressed: One is in response to the Council's
directive to have a city planner review the proposal to change the zoning of the Biscayne Kennel
Club, the second issue is to have city planners do a comprehensive review of the current Code of
Ordinances. Mr. Ulmer requested that $5,000 be authorized to be used at his discretion for the
purpose of hiring expert witnesses for the Biscayne Kennel Club issue. Mr. Heffernan requested
that the Council look at the items separately for funding purposes. Mr. Heffernan then moved to
approve an expenditure by the Village Attorney, not to exceed $5,000.00 from contingency funds
to hire an expert witness in reference to the Biscayne Kennel Club Administrative Appeal. Mrs.
Ross Agosta seconded the motion and the vote was unanimous in favor.
Mr. Heffernan asked for more information regarding the need to review the Code of Ordinances.
He believes that the request is too general in nature, and does not indicate the areas of the Code
which need to be amended.
Mr. Couzzo asked that Cliff Walters, Chairman of the Planning & Zoning Board address the
Council. Mr. Walters cited instances where the current Code does not serve the community well,
and stated that portions of the Code are obsolete. Mr. Walters stated that the Planning & Zoning
Board has amended portions of the Code on a individual, as needed basis. This "band-aid"
approach creates contradictions in the Code.
Mr. Walters further pointed out that with the County appointing a Boundaries Commission to
study the Unincorporated areas of Dade County, experts in the planning field are necessary to
assist the Village in developing goals and to have the Code reflect the goals. Discussion
regarding the work of the Code Review Committee, the planner Robert Swarthout, who has
worked for the Village in the past, and the estimated cost to retain planners ensued. Mr.
Heffernan reiterated his request for more information regarding particulars.
Mr. Boyle stated that the Village should take a proactive rather than a reactive approach to the
Code. He stated that as Mr. Walters had pointed out, the Village currently waits for an issue to
arise before addressing the need to amend the Code. This procedure is time consuming and has
proven costly to the Village as a result of recent law suit settlements.
Mr. Walters introduced Mr. Bill Hutchinson of the planning firm, Professional & Economics
Group, Inc. Mr. Hutchinson gave a brief history of the firm and their credentials.
It was suggested that a workshop meeting of the Council and the Planning & Zoning Board be
held in order to more definitively identify areas of the Code to be reviewed for amendment and
to narrow the cost estimates.
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ITEM #4 ANNOUNCEMENTS
The Clerk read the announcements.
Mayor Imburgia stated that there would be no Public or Council Comment portion of the
Meeting.
ADJOURNMENT
The meeting was adjourned at 9:20 P.M.
16-€40A a O,
Barbara A. Fugazzi, Vill6tge Clerk
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,\ka
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s S. Imburgia, ., Mayor
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
5 ■
`.SLING ADDRESS
Grand Oancourse
NAME-hIIDDLE NAME
C c -IF-
sam, adre5
FATE ON WHICH VOTE OCCURRED
COUNTY
NAME OF BOARD, COUNCIL, cOMMISSION,AUTHORITY, ORcomber EE
Vi 4_•.__ H
THE BOARD, COUN COMMISSION, AI7raOR1TYOR COMMITTEE ON
WHICH I SERVE IS AUNIT OF:
Karr
O COUNTY
0 OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
PiA o wit SVo eOoe
MY POSITION 1&
X ELECITVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
`his form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
uncil, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
i th a voting conflict of interest under Section 112.3143, Florida Statutes.
tour responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
pending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
his form before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
hich inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a
ensure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including
I 0 parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative;
t to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
63.367, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in
hat capacity.
purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-
si-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-
ation are not listed on any national or regional stock exchange).
1ECTED OFFICERS:
ul 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
ie minutes of the meeting, who should incorporate the form in the minutes.
f`,PPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE 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 cony of the form must be provided immediately to the other members of the agency.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE. MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 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.
R05
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Ma er S � q ,, S! q , hereby disclose that on r /6 ,19
J
(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 , by
whom I am retained; or
JL inured to the special gain of It_ l &4!J eek/ ci ? /` �a�-C ' , 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:
ck.-2L.
Ak. /' 6 Q,9
i `'ate Filed
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
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