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02-19-1980 Regular Meeting REGULAR MEETING MIAMI SHORES VILLAGE COUNCIL February 19, 1980 The regular meeting of the Miami Shores Village Council was held on February 19, 1980, 7:30 p.m. , at the Village Hall , with the following Councilmen present: Mayor Henry A. Everett Donald W. McIntosh Robert J. Lodge Absent: Herbert Spahn, Jr. Ralph E. Bowen 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 Mayor Everett, followed by the Pledge of Allegiance. Proclamations were issued by Mayor Everett for Rotary International Day, February 22, 1980, Lions Eye Bank Month, and Alcoholism Awareness Month. Minutes of the meeting of February 5, 1980, were approved as written by motion made by Mr. McIntosh, seconded by Mr. Lodge and passed unanimously. Planning Board• Tie appeal of the Archdiocese of Miami for construction of a church and pastoral center in Miami Shores will be heard when a full Council is present. Minutes of February 14, 1980, Item (2) : Waiver of Plat - Lot 4, Block 75, Miami Shores Sub.- approved by Board. After a review of the Waiver Mr. Lodge moved to uphold the decision of the Planning & Zoning Board. Mayor Everett gave the gavel to Mr. McIntosh and seconded the motion, following which it was passed unanimously. The Mayor then resumed chairmanship of the meeting. 2/19/80 -2- Roof ordinance - flat roof additions - The Board recommended an amendment to Ord. 403-78 to allow a flat roof addition of a maximum size of 300 sq. ft. or 15% of the totals roof area, whichever is the greater. After discussion Mr. McIntosh moved that an amendment to the roofing ordinance be drafted based on the Board's recommendation of changing the 15% limitation to allow a maximum of 300 s4. ft. or 15% whichever is greater for flat roof additions. The motion was seconded by Mr. Lodge and passed unanimously. Bid opening - Electrical work at Country Club. Bids for electrical work to install security lighting at the Country Club were opened and recorded as follows: J. F. MARTIN ELECTRIC Miami , Fla. $2,148.32 TIMCO ELECTRIC, INC.. Miami , Fla. $2,274.00 ECHAVARRIA ELECTRIC Hialeah, Fla. $2,795.00 M.M.G. , INC, Miami , Fla. $2,693.75 LUZER ELECTRIC, INC. Miami , Fla. $2,100.00 BENNETT ELECTRIC CO. Miami , Fla. $2,250.00 FRANK MORAN Miami , Fla. $1,902.00 Mr. Ackley reported that these bids will be tabulated and a recommenda- tion made at the next meeting as to whether or not this work can be done at this time inasmuch as it is not a budgeted item. Bid Awards: (a) Fertilizer for golf course - Recommedation was made for acceptance of the low bid of W. R. Grace & Co. in the amount of $1,590.00. 2/19/80 -3- Mr. McIntosh asked for a breakdown of what has been sent so far this fiscal year. He then moved that the low bid of the Grace Co. be accepted. The motion was seconded by Mr. Lodge and passed unanimously. Mr. Ackley was requested to report on fertilizer ordered to date, and that bid tabulations show what has been ordered to date and the amount remaining in the account. (b) Tractor for Recreation Dept. - Acceptance of the low bid of Medco International in the amount of $3,890.00 was deferred at the last meeting pending information on fuel consumption. Mr. Petrey submitted a report on the best estimates he could obtain on fuel consumption of the tractors bid. Following a motion to accept the bid of Medco further discussion took place on fuel consumption and Mr. Ackley stated he would withdraw the recommendation until the March meeting in order to present more information on fuel consumption. The motion was withdrawn and a new motion made by Mr. Lodge to table the item until the next meeting., The motion was seconded by Mr. McIntosh and passed unanimously. Resolution for energy conservation. A resolution was sent to the Village by the South Florida Regional Planning Council , proposing an energy conservation policy to be adopted by the Village. After some discussion of this resolution Mr. McIntosh suggested that an appropriate energy conservation resolution be drafted by the Village after input by the Village Manager and members of the Council . Resolution re Consultants Competitive Negotiations Act. Copy of a resolution passed by the City of Homestead was presente.d, requesting t6.e Dade. County Le.g%slati:ve Delegation to sponsor an amendment to 2/19/80 -4- Consultants Compe.ti:ti:ve Negoti:attons Act to permit governmental agencies greater flextbfl%ty in retaining professional consultants, Mr. Ackley did not recommend this resolution. Mr. McIntosh moved that it be tabled. The motion was seconded by Mr. Lodge and passed unanimously. Resolution on LEAA Entitlement Area. A resolution was presented for the purpose of joining with Metropolitan Dade County and to enter into an interlocal agreement with the County as part of its entitlement area under the requirements of the Justice System Improvement Act. Mr. Ackley and the Chief of Police recommended passage of the resolution. However, in paragraph 3„ Mr. Ackley suggested "subject to the Village Manager"s review". Upon motion made by Mr. McIntosh and seconded by Mr. Lodge, the resolution as amended -was unanimously passed and adopted, same being entitled: RESOLUTION NO. 691 -80 A RESOLUTION DECLARING INTENT TO JOIN WITH METROPOLITAN DADE COUNTY IN ITS ENTITLEMENT AREA FOR LEAA FUNDS. Lease renewal on Auto Inspection Station, Mr. Ackley recommended renewal of the lease at $11,800, based on $2.50 per sq. ft. As this subject was tabled at the last meeting Mr. McIntosh moved that it be removed from the table. The motion was seconded by Mr. Lodge and passed unanimously. A motion to negotiate for the $11,800 rental was withdrawn following Mr. Fann's advice that the Village Code requires an appraisal of the property. Mr. Ackley suggested putting the County on notice that we are seeking an appraisal . He will report further at the next meeting. Village Manager's report: (a) Coopers & Lybrand audit report received. The Council criticized some aspects of the report and asked for a work shop meeting to go over it with them. This was set for 6:30 p.m. on March 18, 1980, prior to the regular meeting. 2/19/80 -5- (b) Country Club - report submitted on food and beverage costs, as well as expenses and revenue for the month of Jan. 1980. Mr. McIntosh called attention to the diminished revenue through loss of members and asked for a work shop on the Country Club with all concerned department heads and the Advisory Committee. This was set for March 19th at the Country Club, and subsequently changed to the Village Hall at 7:30 p.m. (c) Report on pool heating - A detailed report was submitted on the budgetary considerations that resulted in turning off the pool heat. After some discussion Mr. McIntosh moved that the pool be kept heated as necessary until it is closed March 1st and that during the month of March the Manager will report back as to what we should do as to pool heating from that time on. The motion was seconded by Mr. Lodge and passed unaminously. The meeting adjourned at 9:05 p.m. Village Clerk APPR01 Ma t� FORM 4 DATE ON WHICH VOTE OCCURRED: MEMORANDUM OF VOTING CONFLICT t ,7940 PART A j W +� Name: •I U 'NPJA4-D #Nscop3 Telephone: 3030.VrS4*10 (LAST) (FIRST) _ (MIDDLE) (A/C) (NUMBER) Address: 31S Me' j*z^)�' 54�f . &1*W' . ?aj'39 C)G- (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: iti io .► 5*0.a+Fs Position held in Agency: -+��a��- ��3 PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §112.3143(19751] 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: Oett `II'"T 4P►*,&)Ac- P..► "W.T 4 killIASS -50* 80101 Sick N 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: v # UA 6 As A-P4JC1 GA LA fb 3. Person or principal to whom the special gain described above will inure: a. ( ) Yourself b. (Principal by whom you are retained: 0741 4r.OV.. tali (NAM&) 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 E SIGNATURE OF PERSON DISCLOSING D E SIGNE NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1975),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 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)1 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,includingpersons 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; ( I 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§112.313(12)(e),Florida Statutes(1977)1 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 111, 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 event 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 employee 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: T PART E SIGNATURE SIGNATURE 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