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09-20-1979 Special Meeting SPECIAL MEETING MIAMI SHORES VILLAGE COUNCIL September 20, 1979 A special meeting of the Miami Shores Village Council was held on September 20, 1979, 7:30 p.m. , at the Village Hall , with the following Councilmen present: Mayor Henry A. Everett Donald W. McIntosh Ralph E. Bowen Herbert Spahn, Jr. Absent: None (vacancy on Council) Mr. 0. Sam Ackley, Village Manager, and Mr. William F. Fann, Jr. , Village Attorney, were also present. The meeting was opened with an invocation given by Mr. Mel Roberts, president of the Chamber of Commerce, followed by the Pledge of Allegiance. Selection of Council member. Mr. Bowen moved that the selection be limited to the five applicants interviewed. The motion was seconded by Mr. McIntosh and passed unanimously. These were: (1) Barry K. Asmus (2) Elspeth Jensen (3) Robert J. Lodge (4) J. Robert Stobs, II (5) Arthur H. Taylor Mayor Everett read the selection procedure to be followed (copy of which is attached to these minutes). This procedure was adopted by motion made by Mr. McIntosh, seconded by Mr. Spahn and passed unanimously. Two ballots were cast with each one resulting in two votes for Mr. Stobs and two votes for Mr. Lodge. Mr. McIntosh then moved that Mr. J. Robert Stobs be named for a replace- ment on the Village Council to serve out the term of Judge Farina. The motion died for lack of a second. Mr. Bowen moved that Robert Lodge be named to fill the vacancy created 9/20/79 -2- by Judge Farina's resignation. The motion was seconded by Mr. Spahn and passed unanimously. Judge Farina, who was present, agreed to install Councilman Lodge at the next meeting. Appointments - PLANNING BOARD: V Mr. McIntosh moved that the three members whose terms are expiring, that is, Mrs. Johnson, Mr. Palmer and Mr. Stobs, be re-appointed for another term. The motion was seconded by Mr. Bowen and passed unanimously. Appointments - PERSONNEL APPEALS BOARD: Y' Mr. Bowen moved that the incumbents be appointed to serve for another term. The motion was seconded by Mr. McIntosh and passed unanimously. Planning Board approvals. (a) Planning Board approval was granted on Sept. 13, 1979, for a tentative plat of VASQUEZ SUBDIVISION, a replat of Lots 10, 11, 12, 13, & 14, Block 35, Miami Shores Section One. Mr. McIntosh had left the room during this discussion. Upon motion made by Mr. Bowen, seconded by Mr. Spahn and passed the tentative plat of VASQUEZ SUBDIVISION was approved. (b) Everett building addition - Approved by the Planning Board on Sept. 13, 1979 with a variance on parking requirements. Mayor Everett relinquished the chair to Mr. McIntosh and left the room. This plan is for a building to be constructed on Lot 3, Block 19, Miami Shores Section One, by the owner, Mayor Everett. A survey of the available parking in Block 19, private and publicly owned indicated a 58% use over a 19-day period. Based on total off- street parking provided by the owner and total building area, it was determined the parking was 2206 sq. ft. short of the requirement of one to one, or ten spaces. Mr. Spahn moved that the Council uphold the Planning Board action, granting a variance on the shortage of ten parking spaces. The motion was seconded by 9/20/79 -3- Mr. Bowen and the vote was recorded as follows: Mr. Spahn Yes Mr. Bowen Yes Mr. McIntosh Yes Mr. McIntosh relinquished the chair to Mayor Everett upon his return to the room. (c) New parking area at Tropical Chevrolet, 8880 Biscayne Blvd. Planning Board approval was granted for paving the new parking lot, for providing continuation of the concrete rail fence, landscaping and water. Maintenance of the fence and landscaping was assured and the Village Manager asked for a letter to this effect. Mr. McIntosh moved approval of the plan with the agreements made by representatives of Tropical Chevrolet. The motion was seconded by Mr. Bowen and passed unanimously. Bid Opening - Open Body Dump Truck. Bids were opened and recorded as follows: TROPICAL CHEVROLET $12,691.74 INTERNATIONAL HARVESTER $12,770.00 The Village Manager will have the bids tabulated and report back to Council . The Council also requested the number of invitations sent out and mileage rating on the vehicles bid. Utility tax ordinance. Mr. Ackley reported that the latest formula agreed on, ie: 9% on the 1st $100, 5% on the next $100, & 2% thereafter, would yield an estimated $345,000 in utility tax revenues. Mr. McIntosh moved that the ordinance as read be approved by the Council with the understanding that it can be adjusted either way whenever necessary as judged by the Council , with a review in April , 1980, and that the ordinance will be adopted as an emergency measure to become effective October 1, 1979. The motion was seconded by Mr. Spahn and 9/20/79 -4- passed unanimously, same being entitled: ORDINANCE NO. 411-79 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 20-20 OF ARTICLE II, OF MIAMI SHORES VILLAGE CODE OF ORDINANCES; INCREASING EXCISE TAX ON P", ELECTRICITY, METERED GAS, BOTTLED GAS, AND TELEPHONE SERVICE; PROVIDING EFFECTIVE DATE. Pool and Recreation fees. New summer program fees and pool rates were submitted by the Recreation Director, copy attached hereto. Mr. Spahn moved that the resolution approving the new pool rates be approved, as the fees had been anticipated in the budget. The motion was seconded by Mr. Bowen and passed unanimously, same being entitled: RESOLUTION NO. .680-79 A RESOLUTION RE-ESTABLISHING DAILY FEES FOR USE OF THE MIAMI SHORES VILLAGE RECREATION DEPARTMENT SWIMMING POOL AND REPEALING RESOLUTION NO. 654-78. Mr. McIntosh moved that the recreation fees recommended by the Recreation Director be approved. The motion was seconded by Mr. Spahn and passed unanimously. Ordinance to adopt the budget for 1979-80. In conjunction with the reading of the ordinance adopting the 1979-80 budget in the aggregate amount of $4,436,451 .00 (General Operating $2,775,551.00, Country Club $1,660,900.00) , it was deemed to be an emergency matter, with ,passage on first reading. Upon .motion made by Mr. McIntosh, and seconded by Mr. Bowen, the ordinance was unanimously passed and adopted, same being entitled: ORDINANCE NO. 412-79 AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1979. 9/20/79 -5- Country Club. A detailed report on the Country Club was submitted by Mr. Ackley which included recommended work, recommended funding and steps to be followed in accomplishing the work. It was Mr. Ackley's recommendation that the job be bid out to General Contractors selected by him who are willing to bid, with a minimum of three bids received. Mr. Spahn stated he would like to go ahead with the bar roof when a contractor is selected. Mr. Robert Stobs, general contracting advisor, stated that the bar roof should be temporarily patched. Mr. Bowen moved. that the bid procedure be waived to get- the roof patched. The it motion was seconded by Mr. McIntosh who added that will be done on ars emergency basis. Mr. Bowen amended his motion to include coming back to Council if the cost exceeds $2,000.00. This was accepted and passed unanimously. Mr. Spahn presented a plan of financing using budgeted funds and borrowing additional funds from the Village CIF fund. It was pointed out that financing will have to wait until we have a firm bid on the work to be accomplished. Special trash pick-ups. Copies of notices to be used for special trash pick-ups were given to the Council . These will implement the procedure for charging for pick-up of furniture, appliances, etc. at actual cost plus 20% administrative costs, with a minimum charge of $15.00. Mr. McIntosh asked that every effort be made to get the N. E. 2nd Avenue project finished. The meeting adjourned at 9:00 p.m. _ APPRQ) Vi age Cl er ayo .� FORM 4 DATE ON WHICH VOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT September 20, ,1979 PART A Name: Everett HenryAdams Telephone305 757 5556 (LAST) (FIRST) (MIDDLE) (A/C) (NUMBER) Address: 9650 North Bayshore Drive Miami Shores, Florida 33138 Dade (STREET) (CITY) (ZIP CODE) (COUNTY), PART B Agency is a unit of [check one] : ( ) State of Florida; (I ) County,City or other Political Subdivision Name of Agency: Village of Miami Shores Position held in Agency: Mayor PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §1123143(1975)] If you have voted in your official capacity upon any measure in which you had a personal,private,or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: Not present at voting 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Owner of the property where building is to be constructed. 3. Person or principal to whom the special gain described above will inure: a. ($ ) Yourself b. ( ) Principal by whom you are retained: (NAME) PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises;if you vote,however,the conflict must be disclosed pursuant to the requirements described above. PART SIGNATU _ R ONDI SING DATE SIGNED NOTIC : UNDER PROVISION�AF FLORIDA STATUTES §112.317 (1976),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROU FOR AND MAY; ,PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,REMOVAL OR SUSPENSION FROM OFFICE OR EMPLV ENT,DEM610N,REDUCTION IN SALARY,REPRIMAND,ORA CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 4-EFF.1/1/77 FORM 4A, DISCLOSURE OF BUSINESS TRANSACTION, RELATIONSHIP, OR INTEREST PART A Name: Telephone: (LAST) (FIRST) (MIDDLE) (A/C) (NUMBER Address: (STREET) (CITY) (ZIP CODE) (COUNTY) PART B Filing as a: ( ) Public Officer; ( ) Public Employee;, ( ) Advisory Board Member Agency is a unit of[check one): ( ) State of Florida; ( ) County, City or other Political Subdivision Name of Agency: Position held in agency: Date on which term of office or employment began: PART C DISCLOSURE OF TRANSACTION OR RELATIONSHIP CONCERNING ADVISORY BOARD MEMBER [Required by§112.313(12), Florida Statutes(1977)] WHO MUST COMPLETE THIS PART Sections 112.313(3)and 112.313(7), Florida Statutes; prohibit certain business relationships on the part of public officers and employees, including persons serving on advisory boards. See Part III, Chapter 112, Florida Statutes and/or the brochure entitled 'A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees" for more details on these prohibitions. However, Section 112.313(12), Florida Statutes (1977) permits the appointing.official or body to waive these requirements in a particular instance provided: (a)waiver by the appointing body must be upon a two-thirds affirmative vote of that body;or(b)waiver by the appointing person may be effected after a public hearing;and(c)in either case the advisory board member must fully disclose the transaction or relationship which would otherwise be prohibited by Subsections(3)or(7)of Section 112.313, Florida Statutes.This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure,if and when applicable to an advisory board member. Please complete the following only if required to do so in light of the above: 1. The partnership, directorship, proprietorship,ownership of a material interest, position of officer,employment, or contractual relationship which would otherwise violate Subsection (3) or (7) of Section 112.313, Florida Statutes is held by: ( ) The reporting person; Pursuant to Section 112.313(3); Florida Statutes: ( ) Spouse of reporting person whose name is or ( ) Child of the reporting person whose name is 2. The particular transaction for which this waiver is to be granted involves: a. Supplying the following realty,goods and/or services: b. The following business entity will supply these commodities: c. The relationship of the undersigned advisory board member or spouse or child of such advisory board member to the person or business entity transacting this business is[check applicable spaces]: ( ) Officer; ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director, ( )Owner of in excess of 5%of the assets or capital stock in such business entity;( ) Public Officer or employee holding a contractual relationship with such business entity;( ) Other,please describe: PART D DISCLOSURE OF INTEREST IN SOLE SOURCE OF SUPPLY [Required by§112.31 8(12)(e),Florida Statutes(1977)] WHO MUST COMPLETE THIS PART Sections 112.313(3) and 112.313(7), Florida Statutes prohibit certain business relationships on the part of public officers and employees. See Part III, Chapter 112, Florida Statutes and/or the brochure entitled"A Guide to the Sunshine Amendment and Code of Ethics for Public Officers, Candidates and Employees"for more details on these prohibitions. However, Section 112.313(12)(e), Florida Statutes (1977) provides an exemption from the above-mentioned restrictions in the evert that the business entity involved is the only source of supply within the political subdivision of the officer or employee. In such cases the officer's or employee's interest in the business entity must be fully disclosed to the governing body of the political subdivision. This Part of Form 4A has been prescribed by the Commission on Ethics for such disclosure,if and when applicable. Please complete the following only if required to do so in light of the above: 1. The goods or services being supplied by a business entity with which the undersigned public officer or employee or spouse or child of such officer or emOloyee is . involved include(s) 2. The business entity which is the only source of supply of the above goods or services within the political subdivision is: (NAME OF ENTITY) (ADDRESS) 3. The interest of the undersigned public officer or employee or spouse or child of such officer or employee in the business entity named in Item 2 above is[check applicable spaces]: ( )Officer, ( ) Partner; ( ) Associate; ( ) Employee; ( ) Sole Proprietor; ( ) Stockholder; ( ) Director; ( ) Owner of in excess of 5% of the assets or capital stock in such business entity;( ) Public Officer or Employee holding a contractual relationship with such business entity;( ) Other,please describe: PART E SIGNATURE I, SIGIUATURE OF PUBLIC OFFICER OR EMPLOYEE DATE SIGNED PART F FILING INSTRUCTIONS Part C of this Form must be filed,if applicable, with the appointing body or person waiving the restrictions of Section 112.313(3) or(7), Florida Statutes prior to such waiver. Part D must be filed, if applicable, with the governing body of the political subdivision in which the reporting person is serving. It is suggested that this disclosure be made prior to the subject transaction. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES§112.317(1977),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,ORA CIVIL PENALTY NOT TO EXCEED$5,000. CE FORM 4A-EFF.2125/79 I