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01-06-1976 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL January 6, 1976 The regular meeting of the Miami Shores Village Council was held at 7:30 p.m., January 6, 1976, at the Village Hall, with the following Councilmen present: Mayor Donald W. McIntosh W. Alfred Davis Dean R. Claussen James W. Condit Jon E. McLeod Absent: None Mr. David Peace, Village Manager, and Mr. Richard Lund, Village Attorney, were also present. The meeting was opened with an invocation by Rev. Clifford R. Horvath of the Episcopal Church of the Resurrection, followed by the Pledge of Allegiance. Minutes of the regular meeting of Dec. 16, 1975, were approved as written by motion made by Mr. Claussen, seconded by Mr. Davis and passed. Appointment of an Acting Manager. Mr. Claussen moved that Miss Vigneron be appointed as Acting Village Manager commencing immediately. The motion was seconded by Mr. McLeod. Mr. Peace, at the opening of this meeting,had submitted a letter of resignation to be effective as of 5:00 p.m., January 20, 1976, in accordance with previous action of the Council. Upon advice of the Village Attorney, Mr. Claussen changed his motion, appointing Miss Vigneron as Acting Manager upon Mr. Peace's termination. Mr. McLeod accepted this amendment and it was passed unanimously. Agreement between Miami Shores Village and Dade County Police Benevolent Association. Mr. Lund reported, after meeting with Mr. Paul Pothin, our labor 1/6/76 -2- negotiator, that the contract appears to be in order. Mr. Claussen moved that the contract be approved. The motion was seconded by Mr. Davis and carried. Consideration of longevity pay and two additional holidays for all employees. Mr. Condit moved that longevity pay be established for all employees, plus the two additional holidays, as granted the Police Dept. The motion was seconded by Mr. Davis. Discussion of the cost of longevity pay was brought up as well as who would receive it. Mr. Condit then amended his motion, that the longevity pay and additional holidays be given consideration for all employees and that cost data be secured for action on January 20th. Mr. Davis seconded the amended motion and it passed 4/1 with Mr. Claussen dissenting. Opening of bids on pick-up truck for Public Works Dept. The only bid received was from Tropical Chevrolet: 1/2 ton pick-up truck $3, 620. 53 Mr. Condit moved that the bid be referred to the Manager for recommenda- tion at the next meeting. The motion failed for lack of a second. Mr. Claussen moved that the bid invitations be mailed to at least four or five dealers. The motion was seconded by Mr. McLeod and carried. Confirm appointment of Martin Kurzer to the Country Club Administrative Board. Because Mr. Joseph Gionfriddo found he was unable to serve on this Board, Mr. Martin Kurzer was selected from the list of nominees, at the Council work session of January 2, 1976. The appointment of Mr. Kurzer to the Country Club Administrative Board was confirmed by motion made by Mr. Davis, seconded by Mr. McLeod and passed unanimously. 1/6/76 -3- Ordinance establishing a Country Club Administrative Board. After a reading of the ordinance, Mr. Davis moved that it be approved. The motion was seconded by Mr. Claussen and it was passed unanimously, as an emergency measure, on first reading, said ORDINANCE being NO. 389, and entitled: AN ORDINANCE CREATING A COUNTRY CLUB ADMINISTRATIVE BOARD, ESTABLISHING ITS MEMBERSHIP AND FIXING ITS DUTIES AND RESPONSIBILITIES. Resolutions approving proposed charter amendments. Resolutions covering five sections of the Village Charter had been prepared by the Village Attorney, following recommendations made by the Charter Revision Committee. (1) The first resolution approved amending SECTION 22, which would limit a member of Council from serving on the Council for more than eight (8) consecutive years. Upon motion made by Mr. Davis and seconded by Mr. McLeod, RESOLUTION NO. 594 was passed unanimously, same being entitled: A RESOLUTION APPROVING PROPOSED AMEND- MENT TO ARTICLE III, SECTION 22 OF MIAMI SHORES VILLAGE CHARTER, IN ORDER TO PROVIDE FOR A MAXIMUM OF EIGHT CONSECU- TIVE YEARS AS COUNCILMAN. (2) The second resolution approved amending Section 24, to allow more time for filing nomination petitions and for verifying petitions. Upon motion made by Mr. Davis, and seconded by Mr. Claussen, RESOLUTION NO. 595 was passed unanimously, same being entitled: RESOLUTION APPROVING PROPOSED AMEND- MENT TO ARTICLE III, SECTION 24, OF MIAMI SHORES VILLAGE CHARTER, REQUIRING PETITIONS FOR NOMINATION OF COUNCILMAN TO BE FILED WITH THE VILLAGE CLERK AT LEAST 30 DAYS PRIOR TO ELECTION DATE AND VERIFICATION OF PETITIONS BY CLERK WITHIN 10 DAYS AFTER FILING. (3) The third resolution approved amending Section 26, to require a minimum of three affirmative votes of the Council on all matters. Upon motion made by Mr. Condit, and seconded by Mr. McLeod, RESOLUTION No. 596 was passed unanimously, same being entitled: 1/6/76 - 4 - RESOLUTION APPROVING PROPOSED AMEND- MENT TO ARTICLE III, SECTION 26, OF MIAMI SHORES VILLAGE CHARTER, REQUIRING A MINIMUM OF THREE AFFIRMATIVE VOTES OF THE COUNCIL ON ALL MATTERS. (4) The fourth resolution approved amending Section 30, (1) to eliminate the present authority of the Council to appoint Chiefs of Police and Fire, and (2) to require appointments, suspensions and discharges of employees by the Village Manager. The motion to approve the resolution as presented failed. Item No. 1 to eliminate the present authority of Council to appoint Chiefs of Police and Fire was approved by motion made by Mr. McLeod, seconded by Mr. Davis and passed with Councilmen Davis and Claussen dissenting. Mr. McLeod moved that item No. 2 to eliminate authority of Council to require appointments, suspensions and discharges of employees by the Village Manager, be placed on the ballot. The motion was seconded by Mr. Condit but failed on the following vote: Mr. McLeod No Mr. Condit Yes Mr. Davis No Mr. Claussen No Mr. McIntosh Yes RESOLUTION NO. 597 is entitled: RESOLUTION APPROVING PROPOSED AMEND- MENT TO ARTICLE III, SECTION 30, OF MIAMI SHORES VILLAGE CHARTER, IN ORDER TO ELIMINATE THE PRESENT AUTHOR- ITY OF THE COUNCIL TO APPOINT; CHIEFS OF POLICE AND FIRE. (5) The fifth resolution approved amending Section 34, to provide for appointment of an Acting Village Manager. Upon motion made by Mr. McLeod, and seconded by Mr. Condit, RESOLUTION NO. 598 was unanimously passed and adopted, same being: RESOLUTION APPROVING PROPOSED AMEND- MENT TO ARTICLE III, SECTION 34, OF MIAMI SHORES VILLAGE CHARTER, IN ORDER TO PROVIDE FOR APPOINTMENT OF AN ACTING VILLAGE MANAGER. The resolution calling a special election in Miami Shores Village on Tuesday, March 9, 1976, for the purpose of submitting to the electors of Miami Shores Village the five amendments as approved above, was approved by motion made by Mr. Condit, seconded by Mr. Davis and passed unanimously, same being: RESOLUTION NO. 599 RESOLUTION CALLING SPECIAL ELECTION IN MIAMI SHORES VILLAGE, FLORIDA, ON TUESDAY MARCH 9, 1976, FOR THE PURPOSE OF (etc.) .1/6/76 -5- Purchase of turf sweeper for Village Parks Dept. & Golf Course. Mr. Claussen moved that the Council approve purchase of the sweeper from the DeBra Co. for $2595. 00, with the money to be taken from the Contingency Fund. The motion was seconded by Mr. Davis and passed unanimously. Approval to build the tennis practice wall while reconstructing the golf course bridge. Mr. Davis moved that the Council approve this proposal to save money, to be paid for by a loan from the Village Contingency Fund and repaid by Sept. 30, 1976, with dues from the tennis members. The motion was seconded by Mr. Claussen and carried. Unfinished Business: (a) Approval of job descriptions - Mr. Claussen moved that they be approved as written. Motion was seconded by Mr. Davis and carried. Village Manager's report - none. Village Attorney's report - previously given. Council: Mr. Davis called attention to some trees on Biscayne Blvd. in front of an attorney's office which are blocking the right-of-way. This was referred to Mr. Bradford. Mr. McLeod asked about the fire hydrant charge - Mr. Lund is looking into it. Mr. Condit read a letter addressed to the Mayor and Council members from the Mayor of Miami, inviting them to an Act of Worship program on Friday, Jan. 16th at Bayfront Auditorium. Mr. Condit also announced the Bicentennial parade to be held in the Village on Feb. 22, 1976. -6 - Mayor McIntosh announced that Senator Lawton Chiles would be at the Village Hall on Thurs. , Jan. 29, 3:30 to 5 p. m. , to meet the public and answer questions. Adam Stout brought up a complaint about the sidewalks at 99th St. and N. E. 1st Ave. Mrs. Mary Whittemore asked about removal of dead palm trees. A complaint was voiced on the speeding on N. E. 12th Ave. between 96th St. and 105th St. The meeting adjourned at 8:50 p. m. Village Clerk 1/6/76