11-07-2006 Regular Meeting•
Barbara Estep, MMC
VILLAGE CLERK
MIAMI SHORES VILLAGE
Office of the Village Clerk
10050 N.E.2nd Avenue
Miami Shores, Florida 33138
Tel: (305) 795.2207
Fax: (305) 756.8972
E-mail: EstepBna.MiamiShoresVillage.com
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MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly scheduled meeting of the Miami Shores Village Council was held on Tuesday, November 7, 2006 in
the Council Chambers of Village Hall. The Meeting was called to order at 7:30 PM with the following individuals
present:
PRESENT:
Al Davis
JC Rodriguez
Herta Holly
Steven Loffredo
Jim McCoy
ALSO PRESENT: Tom Benton, Village Manager
Barbara Estep, Village Clerk
Richard Sarafan, Village Attorney
PRESENTATION
Presentation of the November, 2006 House of the Month Award to Mr. Robert Ward of 10550 N.E. 3`d Court.
CONSIDERATIONS
1) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE OCTOBER 17, 2006 COUNCIL MEETING MINUTES.
Mr. McCoy moved to approve the October 17, 2006 Council Meeting Minutes as submitted. Mrs. Holly seconded
the motion and the vote was unanimous in favor of the motion.
B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER 18
410 "PERSONNEL" OF THE VILLAGE CODE BY REPEALING ARTICLE W, "POLICE OFFICERS'
RETIREMENT SYSTEM" IN ITS ENTIRETY AND ADOPTING A NEW ARTICLE IV, TITLED
"POLICE OFFICERS' RETIREMENT SYSTEM" WHICH PROVIDES RETIREMENT BENEFITS
FOR VILLAGE POLICE OFFICERS; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING
FOR EMPLOYEE CONTRIBUTIONS; PROVIDING NORMAL AND EARLY RETIREMENT
,
BENEFITS; PROVIDING FOR OPTIONAL FORMS OF RETIREMENT ANNUITY; PROVIDING
FOR DEATH BENEFITS; PROVIDING FOR DISABILITY RETIREMENT; PROVIDING FOR
•DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR
COMPLIANCE WITH THE INTERNAL REVENUE. CODE; PROVIDING A DEFERRED
RETIREMENT OPTION PLAN; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
C) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER 18
"PERSONNEL" OF THE VILLAGE CODE BY REPEALING ARTICLE III, "PENSION PLAN" IN
ITS ENTIRETY AND ADOPTING A NEW ARTICLE III, TITLED "GENERAL EMPLOYEES
PENSION PLAN" WHICH PROVIDES RETIREMENT BENEFITS FOR THE GENERAL
EMPLOYEES OF THE VILLAGE; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING
FOR EMPLOYEE CONTRIBUTIONS; PROVIDING NORMAL AND EARLY RETIREMENT
BENEFITS; PROVIDING FOR A REVERSIONARY ANNUITY AND OPTIONAL FORMS OF
RETIREMENT ANNUITY; PROVIDING FOR DEATH BENEFITS; PROVIDING FOR DIRECT
TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR COMPLIANCE
WITH THE INTERNAL REVENUE CODE; ESTABLISHING A DEFERRED RETIREMENT
OPTION PLAN; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
D) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER 18
"PERSONNEL" OF THE VILLAGE CODE BY CREATING A NEW ARTICLE V, "EXCESS BENEFIT
PLAN," TO ESTABLISH AN EXCESS BENEFIT PLAN TO ALLOW ELIGIBLE MEMBERS OF THE
MIAMI SHORES GENERAL EMPLOYEES PENSION PLAN AND THE POLICE OFFICERS'
RETIREMENT SYSTEM TO CONTINUE TO RECEIVE THOSE RETIREMENT BENEFITS TO
WHICH THEY ARE ENTITLED PURSUANT TO THE CODE OF MIAMI SHORES VILLAGE,
• FLORIDA, AS AMENDED, WHICH BENEFITS WOULD OTHERWISE BE LIMITED BY THE
PROVISIONS CONTAINED IN SECTION 415 OF THE INTERNAL REVENUE CODE; PROVIDING
FOR PAYMENT OF SAID BENEFITS; FURTHER DIRECTING THE VILLAGE MANAGER OR
DESIGNEE TO ADMINISTER SAID PLAN; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
In order to better facilitate discussions, the Clerk read the captions of all three proposed ordinances into the record
and suggested that discussion or any questions regarding the three ordinances be addressed at the same time rather
than separately. Ms. Allison Bieler, one of the pension board attorneys, clarified a number of points raised by
Council Members. Ms. Bieler advised the Council that the proposed ordinances represented up-to-date plans which
contained statutorily required language with respect to IRS rules and Florida State regulations. Ms. Bieler further
advised that there were no benefit changes related to the Police Officer Retirement System but that there was a
DROP plan proposed as an additional benefit for the General Employee Plan. Following these explanations and
discussions, the following motions were made:
Mr. Loffredo moved approval of Item 1B on first reading, adopting a new Article IV of Chapter 18 for the
Police Officer Retirement System. Mr. McCoy seconded the motion and the vote was unanimous in favor of the
motion.
Mr. Loffredo moved approval of Item 1C on the first reading, adopting a new Article III of Chapter 18 for
the General Employee Pension Plan. Mr. McCoy seconded the motion and the vote was unanimous in favor of the
motion.
Mr. Loffredo moved approval of Item 1D on the first reading, adopting a new Article V of Chapter 18
.
relating to an Excess Benefit Plan. Mr. McCoy seconded the motion and the vote was unanimous in favor of the
motion.
E) APPOINTMENT OF TED KRETZSCHMAR TO THE COUNTRY CLUB ADVISORY BOARD.
el Item 1 E was pulled from the Agenda at the request of the Village Staff.
2) PUBLIC WORKS Scott Davis
A) AWARD OF BID TO NORTRAX FOR A JOHN DEERE FRONT END LOADER IN THE
AMOUNT OF $96,999.
Mr. Scott Davis, Public Works Director, provided background information regarding the bid process and the
recommended purchase of a John Deere Front End Loader. Mr. McCoy moved to award the bid to Nortrax for a
John Deere front end loader in the amount of $96,999. Mrs. Holly seconded the motion and the vote was unanimous
in favor of the motion.
3) FINANCE DEPARTMENT Mark A. Malatak
A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL OF MIAMI SHORES VILLAGE,
FLORIDA, CREATING BUDGET AMENDMENT #2 TO THE FY 2005-06 BUILDING
DEPARTMENT BUDGET TOTALING $49,653; WITH A CORRESPONDING INCREASE TO THE
LICENSE/FEES REVENUE ACCOUNT TO REVERSE THE YEAR END BUDGETARY DEFICIT.
Ms. Estep read the caption of the Resolution into the record. Mr. Loffredo commented that the Resolution is a
standard Resolution normally presented at the conclusion of the fiscal year. Following this comment, Mr. Loffredo
moved to approve the Resolution as submitted. Mrs. Holly seconded the motion and the vote was unanimous in
favor of the motion.
• B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL OF MIAMI SHORES VILLAGE,
FLORIDA CREATING BUDGET AMENDMENT #1 TO THE FY 2006-07 OPERATING BUDGETS
TOTALING $450,660, REAPPROPRIATING $115,585 FROM THE GENERAL RESERVED FUND
BALANCE; $281,887 FROM THE SPECIAL REVENUE RESERVED FUND BALANCE; $23,300
FROM THE STORM WATER RESERVED RETAINED EARNINGS; $5,800 FROM THE
SANITATION RESERVED RETAINED EARNINGS; AND, $24,088 FROM THE FLEET
MAINTENANCE RESERVED FUND BALANCE, FUNDING FOR WHICH WILL BE USED FOR
ALL OUTSTANDING FINANCIAL OBLIGATIONS INCURRED PRIOR TO SEPTEMBER 30,
2006.
Ms. Estep read the caption of the Resolution. Mrs. Holly moved to approve the Resolution as presented. Mr.
Rodriguez seconded the motion and the vote was unanimous in favor of the motion.
4) ANNOUNCEMENTS
Ms. Estep made the announcements.
5) PUBLIC COMMENTS
TF Chambers Mr. Chambers commented on the success of Halloween Howl.
6) COUNCIL COMMENTS
Herta Holly Mrs. Holly congratulated the staff for the wonderful Halloween Howl event and reminded everyone
to keep the Veteran's, both active and retired, in their thoughts and prayers.
Jim McCoy Mr. McCoy spoke of the Chamber of Commerce's recent survey and also about Halloween Howl.
He advised the Council that he has asked Staff to review the event in the future.
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Steve Loffredo Mr. Loffredo stated that Staff did an excellent job on Halloween Howl and commended Mr. Benton
for the continued work with the County to get the N.E. 2nd Avenue reconstruction project moving
forward.
JC Rodriguez No comment offered.
Al Davis Mayor Davis spoke of Halloween Howl, Doctors Charter School and the upcoming production of
the Steadfast Tin Soldier being presented by the Playground Theatre.
7) ADJOURNMENT
The November 7, 2006 Council Meeting was adjourned at 8:03 PM.
Barbara A. Estep, MMC
Village Clerk
Al Davis, Mayor