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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