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04-16-1985 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL April 16, 1985 The regular meeting of the Miami Shores Village Council was held on April 16, 1985, at the Village Hall, commencing at 7:30p.m., with the following members present: Mayor Kevin O'Connor Elspeth Jensen Robert J. Lodge Herbert Spahn, Jr. Terry Cuson Absent: None Also Present: L.R. Forney, Jr., Village Manager William F. Fann,:Jr., Village Attorney The meeting was opened with an invocation given by Dr. Harold Davenport of the Miami Shores Community Church, followed by the Pledge of Allegiance. MINUTES. (a) Council meeting of April 2, 1985 - approved as written by a motion made by Mr. Cuson, seconded by Mr. Lodge and passed unanimously. Receipt acknowledged: (b) Code Enforcement Board 4/3/85. (c) Planning & Zoning Board 4/11/85. PLANNING BOARD APPROVALS/DENIALS, meeting of 3/28/85, Appeal by Dr. & Mrs. Aldrich A motion to remove this item from the table was made by Mr. Spahn, seconded by Mr. Cuson and passed unanimously. Mr. Stobs, Chairman of the Planning and Zoning Board reported that the Council had tabled this at a previous meeting pending the results of a Planning & Zoning Public Hearing regarding changing fence height to 8 feet in areas bordering Public Parks. The Planning & Zoning Board voted unanimously against changing the fence height adjoining the park. Mr. Aldrich stated he had originally requested a variance to construct an eight foot masonary structure, but would like to modify that request. Mr. Aldrich discussed other alternatives that could be utiilized as a more acceptable solution to the problem such as landscaping. Mr. Aldrich was informed the Council could only act on his request for a vari- ance to permit an eight foot wall. -2 - Mr. Aldrich withdrew his appeal for a variance. Mr. O'Connor sLggested Mr. Aldrich go back to the Planning & Zoning Board to consider his revised proposal. RESOLUTION DEOLARING THE RESULTS OF THE COUNCIL ELECTION HELD ON APRIL 9, 1985. A resolution Was read canvassing the returns of the Council election of April 9, 1985 which recorded the following vote: Robert S. Butler, Jr. 1,114 Terry Cuson 634 Karen Kirby 1,207 Stephen Loffredo 846 Marty Stofik 890 Ernest Upthegrove 653 Mr. Cuson moved that the resolution be approved and adopted as read. The motion was seconded by Mr. Spahn and passed unanimously, said resolution being entitled: RESOLUTION NO. 785-85 A RESOLUTION DECLARING THE RESULTS OF THE COUNCIL ELECTION HELD ON APRIL 9, 1985. INSTALLATION OF NEWLY ELECTED COUNCIL Retiring Mayor Kevin O'Connor expressed his appreciation to Mr. Spahn, Mr. Lodge, and Mr. Cuson on their individual contributions to the Village during their term in office. Circuit Court Judge John Gale administered the oath of office to the newly elected Council members, Karen Kirby, Robert S. Butler, Jr., and Marty Stofik. ORGANIZATION OF NEW COUNCIL - ELECTION OF MAYOR & ACTING MAYOR A motion was made by Dr. Butler to elect Karen Kirby, who received the highest number of votes, to the office of Mayor for the next two years. The motion was seconded by Mrs. Jensen and passed unanimously. Mrs. Jensen moved that Dr. Butler be appointed as Acting Mayor, seconded by Mrs. Stofik and passed unanimously. Mayor Kirby thanked T. Cuson, R. Lodge, H. Spahn, and K. O'Connor for the service they rendered to the community and presented each of them with a plaque on behalf of the Village. Mayor's Comment: Mayor Kirby expressed her appreciation to those who supported her throughout the campaign. BANK RESOLUTION FOR NEW MAYOR'S SIGNATURE Mr. O'Connor moved that the standard Corporate Deposit Account Resolution with -3 - Sun Bank Miami/N.A. bearing the new Mayor's signature, Karen Kirby, be adopted. The motion was seconded by Mrs. Stofik and passed unanimously, same being: RESOLUTION NO. 786-85 APPOINTMENT OF COUNCIL MEMBERS TO PENSION BOARD Mrs. Jensen moved that Dr. Butler be appointed to the Pension Board. The motion was seconded by Mr. O'Connor and carried. APPOINTMENT OF COUNCIL MEMBERS TO DADE LEAGUE BOARD A motion was made by Dr. Butler to name Karen Kirby as representative to the Dade League Board, seconded by Mr. O'Connor. Mr. O'Connor commented on Mrs. Jensen's fine service record and the importance of the new Mayor continued involvement on this Board. The motion passed unanimously. Mrs. Jensen moved that Dr. Butler be appointed as an alternate to the Dade League Board. The motion was seconded by Mr. O'Connor. Mayor Kirby recommended that Mr. O'Connor be appointed to the Board as an alternate. Dr. Butler declined the nomination to the Board. A new motion was made by Mrs. Stofik to appoint Mr. O'Connor as an alternate to the Dade League of Cities. Dr. Butler seconded the motion and passed undntmo usly. EMERGENCY WATER MANAGEMENT ORDINANCE In a report to Council, Mr. Forney requested that an Emergency Water Management Ordinance provided to all municipalities in Dade County by the South Florida Water Management District be adopted. This ordinance would insure that emer- gency management procedures set forth by the Water Management District were uniformly obeyed and enforced throughout the area of water shortage. Mr. Forney recommendedthat Council move to adopt the ordinance and then move to amend the same ordinance by deleting Section 10 -Declaration of Emergency. Mr. O'Connor moved to adopt the Emergency Water Management Ordinance in accordance with the Village Manager's recommendation, seconded by Dr. Butler. In discussion, Mrs. Stofik asked how theordinance would be activated. Mr. Forney stated the ordinance would be activated by a declaration of emergency made by the Water Management District. The ordinance was read by title upon Mrs. Jensen's re- quest. Mrs. Stofik moved to amend Mr. O'Connor's motion by deleting Section 10 - Declaration of Emergency of the Ordinance. Mr. O'Connor seconded the motion and passed unanimously. The Council then voted unanimously to adopt the Emergency Water Management Ordinance as amended on first reading. APPROVAL OF FERTILIZER PURCHASE Mr. Forney requested Council waive normal purchasing procedures and authorize a sole source purchase of fertilizer from Lesco, Inc., in the amount of $4,490 to be used for golf course maintenance. Mrs. Stofik moved that Council waive normal purchasing policy as outlined by the Village Manager in order to make the fertilizer purchase as budgeted. Mayor Kirby asked if there were any alternatives. Mr. Forney stated there were none. Mr. O'Connor commented that this purchase was made in accordance with a program developed by the United States Golf Association to improve the quality of the Country Club Golf Course and he supported the purchase. The motion carried. -4- ' VILLAGE MANAGER'S REPORT The following reports were submitted with the agenda; (a) Investment Report (b) Country Club Financial Report (c) Country Club Membership Report -Mr. Forney reported that total business at the Club was greater at this time than last year. (d) Board Resignations -Mr. Forney stated he had received Board Resignations from the following individuals: Mrs. Marty Stofik-Historic Preservation Board Mr. Ken Cutchens-Code Enforcement Board Ms. Margarita Courtney -Fine Arts Commission Their terms expire in September, 1985. These vacancies are being announced in the May bulletin with new appointments to be made by Council at the second meeting in May. (e) Council Briefing -Mr. Forney reported that briefings will be given by Village Department Heads on April 23rd & 30th to Council members at 7:30p.m. in Village Hall. ANNOUNCEMENTS (a) Hialeah Day - 5/1/85 (b) Police Appreciation Day - 4/28/85 (c) Miami Shores Garden Club Flower Show - 4/18/85 (d) Miami Shores 8K Run - 4/20/85 COUNCIL COMMENTS Mrs. Stofik stated she was glad to be on the Council. Mr. O'Connor congratulated the Mayor on a successful first meeting. Mayor Kirby stated she looked forward to serving Miami Shores Village as Mayor the next two years. Mrs. Jensen stated that it was a pleasure to serve with the past Council and wished the new Council continued success. PUBLIC COMMENTS, Major Bundy expessed concern over the banking of Village funds outside the Village limits. Mr. O'Connor responded that it was the most cost effective option. Mrs. Margo Newton, 10108 N.E. 1st Avenue, invited everyone to attend the 1st Annual Miami Shores house tour on April 28th sponsored by the Miami Shores Historic Preservation Board and the Shores Heritage Council. Mr. Arthur Divergen commented on the poor acoustics of the Council Chambers. A possible sound system will be investigated by Mr. Forney. ADJOURNMENT. 8:30p.m. -5 - APPROVED: Okihi Karen Kirby, or L.R. Forney, 'Jr. Village Clerk By: STATE OF FLORIDA ) MIAMI SHORES VILLAGE ) I, MARTY STOFIK, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilperson. So help me God. MARTY STOFIK SUBSCRIBED AND SWORN to before me this 16th day of April, A.D., 1985. n Gale urt Judge Dade County, Florida STATE OF FLORIDA ) MIAMI SHORES VILLAGE ) I, KAREN KIRBY, do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilperson. So help me God. KAREN KIRBY SUBSCRIBED AND SWORN to before me th ' 16th day of April, A.D., 1985. Ga e t Judge Dade County, Florida STATE OF FLORIDA ) MIAMI SHORES VILLAGE ) I, ROBERT S. BUTLER, JR., do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Councilperson. So help me God. ROBERT S. BUTLER, JR. SUBSCRIBED AND SWORN to before me this 16th Day of April, A.D., 1985. e udge de County, Florida