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06-19-2012 Regular MeetingBarbara Estep, MMC Waage- Miami Shores V Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EstepB a(�.MiamiShoresVillage.com MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, June 19, 2012 in the Council Chambers of Village Hall. The meeting was called to order at 7:00 PM with the following individuals present: PRESENT: Jim McCoy Hunt Davis Al Davis Steve Loffredo Jesse Walters ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATIONS Internal Revenue Service Special Agent in Charge, Tony Gonzalez and Supervisory Special Agent, Clifford Lockwood presented the Village with a check in the amount of $1,484,117.62 in Forfeiture Funds relating to the Wachovia Bank money laundering case. Library Board of Trustee Member, Donna Hurtak, presented the Brockway Memorial Library Annual Report to the Council. CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep, MMC A) APPROVAL OF THE MAY 15, 2012 COUNCIL MEETING MINUTES. • Councilman Loffredo moved to approve the minutes of the May 15, 2012 Council Meeting. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. B) APPOINTMENT TO LIBRARY BOARD OF TRUSTEES (One vacancy) • Applicant: Henry Harnage • • Judge Henry Harnage was present and spoke on his own behalf. Councilman Davis moved to appoint Judge Harnage to the Library Board of Trustees. C) APPOINTMENT TO CHARTER SCHOOL BOARD OF DIRECTORS (Three vacancies) Applicants: Dr. Joan Lutton Connie Benson Nicholas Duran Dr. Susan Dombrowsky Ms. Estep indicated that Dr. Dombrowsky's application had been received following the agenda deadline and that it was up to the Council whether or not to consider her for appointment. Councilman Davis moved to allow Dr. Dombrowsky's application to be considered. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. Ms. Benson, Mr. Duran and Dr. Dombrowsky were present and spoke on their own behalf. Paper ballots were voted as follows: Councilman Davis Benson Lutton Dombrowsky Vice Mayor Davis Benson Lutton Dombrowsky Mayor McCoy Benson Lutton Dombrowsky Councilman Loffredo Benson Duran Dombrowsky Councilman Walters Benson Duran By a majority vote, Ms. Benson, Dr. Lutton and Dr. Dombrowsky were appointed to the Doctors Charter School Board. 2) POLICE DEPARTMENT Chief Lystad A) REQUEST APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS IN THE AMOUNT OF $40,000 FOR THE PURCHASE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Chief Lystad spoke briefly of the request to spend forfeiture funds 011 the purchase of Automated External Defibrillators (AED's) in order to have a unit in each patrol and unmarked police vehicle. Chief Lystad confirmed that funding was through the Forfeiture Fund account and not the General Fund budget. Councilman Loffredo moved to approve the Forfeiture Fund request. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE MANAGER Tom Benton A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #4 TO THE FISCAL YEAR 2011-2012 OPERATING AND CAPITAL BUDGETS, TRANSFERRING $10,000 FROM THE FUND BALANCE TO THE NON - DEPARTMENTAL SPECIAL PROJECTS FUND, PROVIDING FOR AN EFFECTIVE DATE. Mr. Benton provided the Council with information regarding the proposed resolution; specifically that funding would be used for a July 4th Fireworks display. Mr. Benton stated that the popularity of the event, along with the unavailability of outside funding sources led to the request to fund from the Village's Fund Balance account. Councilman Davis moved to approve the Resolution to created Budget Amendment #4. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. • • B) AWARD OF BID TO METRO EXPRESS INC. FOR ALLEY WAY REPAVING PROJECT. Mr. Benton offered background information relating to the bid which was advertised for the alley -way paving project. In addition, Mr. Benton requested that an additional $50,000 be allocated from the '/2 Cent Transportation Sales Tax fund to bring the total available project dollars for street and alley -way paving to $350,000 rather than the current budget of $300,000. Mr. Benton stated that Metro Express had bid $127,750 for the project. It was confirmed that the paving material and quality specifications were included in the bid to ensure that all contractors bid the same quality materials. Councilman Davis moved to award the alley -way paving project bid to Metro Express Inc. and to increase the total project budget to $350,000. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. 4) VILLAGE COUNCIL Jesse Walters A) DISCUSSION REGARDING CONDUCT OF CODE ENFORCEMENT BOARD MEMBER, BARRY ASMUS. Councilman Walters spoke of his concerns regarding the conduct of Mr. Asmus and the complaints he received which prompted the agenda item. Councilman Walters indicated that the complainants were asking if something could be done to remove Mr. Asmus from the Board. Councilman Walters also spoke of the possibility of instituting term limits for Board Members. Individual Council Members expressed their thoughts regarding the issues raised. Mr. Sarafan stated that he has repeatedly counseled Mr. Asmus privately and at the Code Board Meetings regarding his treatment of residents and that Mr. Asmus has been censured in the past for the same behavior. Mr. Sarafan pointed out that the Code Board Members act as judges during the hearings and should not be acting as prosecutors. The Board Members need to be fair and impartial in their deliberations. Following their remarks and in the interest of time, Councilman Loffredo moved to table the item until the next Council Meeting. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. 5) ANNOUNCEMENTS Ms. Estep read the announcements into the record. 6) PUBLIC COMMENTS Herta Holly Mrs. Holly spoke of the Doctors Charter School graduation class. J. Seskin Judge. Ms. Seskin introduced herself and indicated that she is a candidate for Court 7) COUNCIL COMMENTS Jesse Walters No comment. Steve Loffredo Councilman Loffredo spoke of the upcoming July 4th celebration and his intent to bring up the subject of a bike route in the Village. Al Davis Councilman Davis spoke of the Rotary Club Flag program. Hunt Davis No comment. Jim McCoy Mayor McCoy spoke about the Memorial Day Ceremony and the recent Police Department Forum held at the Community Center. • • • 8) ADJOURNMENT The June 19, 2012 Council Meeting was adjourned at 8:05 PM. Barbara A. Estep, MMC Village Clerk Jim McCoy, Mayor