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.
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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
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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.
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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.
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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