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07-02-1974 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL July 2, 1974 The regular meeting of the Miami Shores Village Council was held at 4:00 o'clock p, m. , July.2, 1974, at the Village Hall, with the following Councilmen present: Mayor James W. Condit Dean R. Claussen Raymond L. Clement Elwood Jones Harry F. Smenner, Jr. Absent: None Mr. John W. McIntyre, Village Manager, and Mr. Thomas H. Anderson, Village Attorney, were also present. The meeting was opened with an invocation given by Dr. Floyd Folsom of the Miami Shores Baptist Church. Minutes of the meeting of June 18, 1974, were approved as written by motion duly made and passed. Minutes of the Special Work Session were also approved as written. Councilman Smenner pointed out that it should be noted when a Councilman arrives late or leaves early so that the voting can be properly interpreted. Report on air conditioning bids. The Village Manager recommended the AIRKO bid of $164. 00 a month, overlooking the low bid of Comfort Cooling, our present maintenance company, at $135. 00 mo. because of inadequate service, and the bid of Weathertrol at $150. 00 mo. because of extra cost for overtime emergency service. Mr. Claussen moved that the Council approve the Manager's 7/2/74 -2- recommendation on an air conditioning service contract. The motion was seconded by Mr. Jones and carried. Mr. Clement asked when the contract at the Country Club comes up. The Manager was asked to give this information to the Council. First reading on Southern Bell Telephone Franchise ordinance. The Village Manager reported that our present franchise with the Telephone Company is expiring this year, and that the newly proposed franchise will give the city one per cent of the local phone service revenue within its limits. Mr. Claussen moved that the franchise ordinance be approved on first reading. The motion was seconded by Mr. Jones and carried. First reading on new Personnel Appeals Board ordinance. A proposed ordinance creating a Personnel Appeals Board, vesting it with jurisdiction, powers and dutes and repealing Ordinance No. 372, was read. Councilman Claussen moved that it be approved on first reading. The motion was seconded by Councilman Jones and passed 4/1 with Councilman Clement dissenting because he didn't think this ordinance was needed. Rescind motion on referendum called for Sept. 10, 1974. The Village Manager read a letter from the County Manager in which the Village was informed that the County must have the request for budget appropriation .to effect any merger of the Village Fire Department with Metro by July 23, 1974. This would nullify resolution of the merger question by referendum on September 10, 1974. Mr. Claussen moved that a mailing be put out immediately with a proper letter on the Fire Department with return post card to be mailed back on or before July 23rd. The motion was seconded by 7/2x74~ -3- Mr. Jones. In the discussion that followed Councilman Clement stated that he felt that the people of Miami Shores want to keep their Fire Department and if the employees are not satisfied with the salaries that are being paid they should find some place where they will be happier. Mayor Condit stated that we should send a letter out informing everyone of the pro's and con's and then at the next meeting take a vote on it. Attorney William Pierce asked certain questions on the proposed contract and pointed out problems and costs involved in a possible re-conveyance of the department to the Village. Mr. Claussen then withdrew his motion because he stated there isn't sufficient time to put out a mailer. Mr. Clement moved that the matter be tabled and that it be held over for another year with the referendum scheduled for the General Election in November. This motion was seconded by Mr. Smenner and passed 4/1 with the Mayor dissenting. A. D. T. contract. The Village Manager reported that the A. D. T. contract for private alarm systems had been approved by the Village Attorney and certain members of the committee of subscribers. Upon motion made by Councilman Clement, seconded by Councilman Claussen and carried acceptance of the contract with A. D. T. was approved. Mr. McIntyre stated that the customer contract calls for a $50. 00 installation fee and $60. 00 a year maintenance. Bills for June, 1974. The bills for June were approved as presented by motion made by 7/2 1/74 -4- Mr. Clement, seconded by Mr. Claussen and carried. Mayor Condit asked the Council to act on the Police Benevolent Association's request for recognition as bargaining agent for the Miami Shores Police Department. The Village Manager reported that there are membership cards in the P. B.A. on all of our Police officers. Councilman Claussen moved that the Council table action on this request until the next Council meeting and in the meantime get a copy of the law and see what it says. The motion was seconded by Councilman Clement and carried. Unfinished business: (a) Dade County Fire Dept. merger contract - Mr. Claussen moved that the contract be approved subject to a referendum vote of the people of Miami Shores. The motion was seconded by Councilman Jones. After discussion Mr. Claussen withdrew his previous motion and moved to remove this item from unfinished business on the agenda. The motion was seconded by Mr. Clement and passed unanimously. (b) Appointments - Councilman Clement moved the re-appointment of Mr. Gordon Moyer and Mr. Don McIntosh to the Planning Board. The motion was seconded by Councilman Smenner and carried. Concerning the Recreation Committee, Councilman Smenner moved that these appointments be deferred until next meeting until we have had a chance to confer with Mr. Petrey. Mr. Smenner also felt that younger parents should be appointed to serve as members of this committee and that Councilmen should not be on this standing 7/2/74 SC -5- committee. The motion was seconded by Mr. Clement and carried. Mr. Clement asked what was being done about enforcement of the travel trailer ordinance. The Village Manager reported that on advice of our attorney we are trying to bring a suit for an injunction to remove the 32 ft. trailer at 1040 N. E. 105th St. Mr. Anderson stated that we should make a test case on this one to see where we stand. Councilman Jones moved that the Village Attorney be instructed to pursue the case. The motion was seconded by Councilman Smenner and carried. Mr. Smenner brought up the retirement of the Village Manager next April and stated that it behooves the Council to start action immediately; that he has talked with Mr. McIntyre about local institutions where we might advertise for a manager and thought that the Council should start immediately to seek his replacement. Mr. Smenner then moved that the Village Manager be instructed to initiate actions to find a replacement for himself with the suggestion that ads be placed in some of the professional magazines and with the League of Municipalities both local and national. The motion was seconded by Mr. Clement but upon vote failed to carry with the following Councilmen dissenting: Elwood Jones, Mayor Condit and Dean Claussen. Mayor Condit then moved that Mr. McIntyre be asked to stay on for a year from October. This motion was seconded by Mr. Claussen but failed to carry with Councilmen Smenner, Jones and Clement dissenting. Councilman Jones called attention to the remodeling being done by 7/2/7481- -6- Mr. /2/748y-6- Mr. Bennett to the Chase Bank building and to the demolishing of the old Renuart building by the Presbyterian Church and thought they should be commended on these projects. Councilman Jones reported on the meeting held by the Mayor, himself, the Village Manager, and the Club Manager with employees of the club on their dissatisfaction with the present pro-rating of the 15% service charge. He stated that an agreement was reached to follow the Club Manager's plan for 30 days. However, because of recent developments he suggested that another meeting be held and not wait four weeks. The Mayor agreed to meet with the committee at any time. Mrs. Dolores Carter, a member of the Country Club, presented a petition to the Council, outlining her research of the Fair Labor Standards Act as it pertains to gratuities, and requesting the Council to instruct the Club Manager to disburse the gratutities as done prior to May 31st and rescind the service charge. Another meeting was tentatively schedule on this subject for later in the week. Mayor Condit announced that we have a Championship Soccer Team returning from the international meet recently held in Canada. The meeting adjourned at 5;50 p. m. r Village Clerk APPROVED; r M r