04-20-1993 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
APRIL 20, 1993
The regular meeting of the Miami Shores Village Council
was held on April 20, 1993, at the Miami Shores Village Hall
commencing at 7:30 p.m. with the following members present:
Also present:
Mayor Steven Johnson
Herb Spahn
Stephen Loffredo
Robert Cook
Gail Macdonald
William F. Fann
Bill Heffernan
Richard Fernandez
Michael Boyle
Absent: Henry T. Courtney
Mayor Johnson presented a Certificate of Appreciation to Mr.
Thomas Beck.
ITEM *1 MINUTES
Mr. Loffredo moved approval of the minutes from the Regular
Council meeting of 4/6/93 with one correction on Item *2. Mr.
Spahn seconded the motion and the vote was unanimous In favor.
Mayor Johnson acknowledged receipt of the minutes from the
following meetings:
Search Committee 4/12/93
Recreation Advisory Committee 3/8/93
Planning and Zoning Board 2/25/93
ITEM *2 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; ESTABLISHING
VIOLATIONS OF CHAPTER 5 AS CIVIL INFRACTIONS; ADOPTING BY
REFERENCE, PROVISIONS OF CHAPTER 5 OF THE DADE COUNTY CODE;
PROVIDING EFFECTIVE DATE. Second and Final Reading. Mayor
Johnson read the caption of the ordinance. Ms. Macdonald
explained the ordinance. Mr. Loffredo moved approval. Mr.
Spahn seconded the motion and the vote was unanimous in favor.
ITEM *3 RESOLUTION DECLARING THE RESULTS OF MIAMI SHORES
VILLAGE COUNCIL ELECTIONS. Ms. Macdonald read the resolution.
Mr. Loffredo moved approval of the resolution. Mr. Spahn
seconded the motion and the vote was unanimous in favor.
Mayor Johnson presented plaques to Mr. Spahn and Mr. Loffredo
for service on the Council.
ITEM *4 INSTALLATION OF NEWLY ELECTED COUNCIL. Judge Farina
swore In Michael Boyle, Bill Heffernan and Richard Fernandez as
Councilmen.
ITEM *5 APPOINTMENT OF MAYOR AND VICE MAYOR. Mr. Cook moved to
appoint Bill Heffernan as Mayor and Mike Boyle as Vice Mayor.
Mr. Fernandez seconded the motion and the vote was unanimous In
favor.
ITEM *6 NEW MAYOR'S COMMENTS.
Mayor Heffernan thanked the outgoing Council and the candidates
who ran for office. He stated that his theme will be community
unity and pride.
ITEM *7 APPOINTMENT OF COUNCIL MEMBER TO PENSION BOARD
Ms. Macdonald described the requirements of board members and
stated that the Mayor Is always on the Board. Mr. Cook moved to
appoint Mr. Johnson to the Pension Board. Mr. Boyle seconded
the motion and the vote was unanimous in favor.
ITEM *8 APPOINTMENT OF COUNCIL REPRESENTATIVE AND ALTERNATE TO
DADE LEAGUE OF CITIES. Ms. Macdonald described what the Dade
League Is and reviewed the requirements. Mr. Boyle moved to
nominated Mr. Fernandez as the Council representative and Mayor
Heffernan as the alternate. Mr. Johnson seconded the motion and
the vote was unanimous in favor.
ITEM *9 APPOINTMENT OF COUNCIL REPRESENTATIVE AND ALTERNATE TO
FLORIDA LEAGUE OF CITIES. Mr. Fernandez moved to appoint Mayor
Heffernan as the Council representative to the Florida League of
Cities. Mr. Boyle seconded the motion and the vote was
unanimous In favor. Mr. Fernandez moved to appoint Mr. Boyle as
the alternate representative. Mr. Johnson seconded the motion
and the vote was unanimous in favor.
ITEM *10 RESOLUTION OPPOSING REQUIREMENTS FOR STRUCTURAL PLANS
EXAMINER. Ms. Macdonald explained the resolution and
recommended approval. Mr. Cook stated that the new requirements
are a knee jerk reaction by the County and moved to support the
resolution. Mr. Fernandez seconded the motion and stated that
the Village should send a strong message that the Village
Intends to maintain Its integrity as a municipality with Its own
Building and Zoning Department. The vote was unanimous In favor.
ITEM *11 DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED
CLOSING OF RAILROAD CROSSING ON GOLF COURSE. Ms. Macdonald
explained the background. She stated that the railroad has
granted an extension to May 1st, for a decision on the crossing
and that there is an error on the proposal. She stated that the
real cost Is a little over $26,000. Ms. Macdonald stated that
the legal opinion of the Village Attorney is that PCM Is legally
responsible for and required to maintain the crossing If the
Village directs them to do so. She recommended that the Council
direct the Village Manager to send a letter to PCM ordering them
to tell the FEC by May 1, that they are able to upgrade the
crossing and that the cost will be borne by PCM and South
Florida Water Management (SFWM) and to further authorize the
Village Manager to execute a document between SFWM and Miami
Shores Village guaranteeing them access to the crossing for
future work. Mr. Fernandez suggested that the Council give
notice that PCM Is responsible for the crossing and let them get
In contact with SFWM. Mr. Fernandez moved to direct the Village
Manager to give notice to PCM of the opinion of the Council's
legal counsel of their responsibility to maintain the crossing.
Mr. Boyle seconded the motion and the vote was unanimous in
favor.
ITEM *12 AN ORDINANCE AMENDING SUBSECTION (b) OF SECTION 18-47
AND SUBSECTION (c) OF SECTION 18-49 OF THE CODE OF ORDINANCES OF
MIAMI SHORES VILLAGE; DELETING MAXIMUM AGE LIMITATION FROM
PENSION PLAN AND ADDING FORMULA FOR CALCULATING RETIREMENT
ANNUITY FOR POLICE OFFICER WHO RETIRES OR TERMINATES EMPLOYMENT
DURING THE PERIOD FROM OCTOBER 1,1992 UNTIL SEPTEMBER 30, 1993;
PROVIDING EFFECTIVE DATE. Mayor Heffernan read the caption of
the ordinance. Ms. Macdonald explained the ordinance and
reviewed the background. She recommended approval on first
reading. Mr. Johnson moved approval. Mr. Boyle seconded the
motion and the vote was unanimous In favor.
ITEM *13 REQUEST TO APPROPRIATE FORFEITURE FUNDS TO PURCHASE
NEW PRINTER FOR FUEL SYSTEM. Ms. Macdonald explained the
background and stated that the purchase Is not a new printer,
rather the equipment to utilize a larger existing printer. Mr.
Cook moved approval. Mr. Fernandez seconded the motion and the
vote was unanimous in favor.
ITEM *14 DISCUSSION REGARDING RECREATION ADVISORY BOARD.
Mr. Fernandez stated that the Recreation Advisory Board Is
frustrated In trying to get things across that they feel are
Important. He suggested that the Chairman of the Recreation
Advisory Board be present at Council when the Board's minutes
are being reviewed. Mr. Fann objected to having Board Chairmen
come to Council when their minutes are being considered because
the Chairman cannot speak for the Board. Mayor Heffernan stated
that communication was very Important and that he likes the
suggestion If the objections can be overcome. Mr. Boyle stated
that he agrees with the Mayor.
ITEM *15 REQUEST FOR INTERIM REPORT FROM THE VILLAGE MANAGER
REGARDING MARKETING COMMITTEE'S EFFORTS. Mr. Fernandez asked
for a short oral report from the Village Manager. Ms.
Macdonald delivered her report. She stated that the committee
has developed a request for proposals for public relation
services. Mr. Fernandez reviewed the history of the marketing
effort. He stated that the Village needs to get moving on their
marketing program.
ITEM *16 ANNOUNCEMENTS
Mayor Heffernan read the announcements.
ITEM *17 PUBLIC COMMENTS
Mr. Tom McDermott
Ms. Betty Lasch:
Mr. Mark Sell:
Mr. Charlie Smith:
Spoke about the closing of the railroad
crossing at the Club.
Congratulated the new Council and spoke
about how nice the campaign was.
Spoke about the campaign and Village
unity.
Spoke about the campaign.
ITEM *18 COUNCIL COMMENTS
Mr. Fernandez spoke about how great Miami Shores Is.
Mr. Boyle spoke about the results of the election and
communication in the Village.
Mr. Johnson welcomed the new members of Council.
Mr. Cook spoke about campaigning and that the candidates should be
proud of themselves.
Mayor Heffernan spoke about community unity and community pride.
ITEM e10 ADJOURNMENT
The meeting was adjourned at 8:58 p.m.
William He
Mayor
Scott W. Davis,
Village Clerk
STATE OF FLORIDA
MIAMI SHORES VILLAGE
I, RICHARD M. FERNANDEZ, 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 t•-
o
RIC J' D FERNANDE
office of Councilperson.
So help me God.
RN to before
D., 1993
Judge Jos
Circuit
In and
P. Fa
ourt Judge
r Dade County Florida
STATE OF FLORIDA
MIAMI SHORES VILLAGE
I, MICHAEL H. BOYLE, 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.
SUD SWORN to before
A.D., 1993
Judge Jos pi P. 111,
Circuit •ourt Judg-
In and •r Dade County, Florida
c
MICHAEL H. BOYLE
STATE OF FLORIDA
MIAMI SHORES VILLAGE
I, WILLIAM HEFFERNAN, 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.
66/d,
WILL
SUBS
2
SWORN to before
A.D., 1993
Judge Jo--.( P.
Circuit ourt
In and and or Dade Cou . Florida