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: EstepB(a).MiamiShoresVillage. com

Barbara Estep, CMC

VILLAGE CLERIC

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, November 15, 2005 at the
Village Hall. The Meeting was called to order at 7: 30 PM with the following individuals present:

PRESENT: Al Davis
JC Rodriguez
Herta Holly
Steve Loffredo
Jim McCoy

ALSO PRESENT: Tom Benton, Village Manager

Barbara Estep, Village Clerk
Richard Sarafan, Village Attorney

CONSIDERATIONS

1) CONSENT AGENDA Barbara A. Estep

Mr. Loffredo requested that the items be considered individually.

A) APPROVAL OF THE OCTOBER 4, 2005 COUNCIL MEETING MINUTES.

Mr. Loffredo moved to approve the October 4, 2005 Council Meeting Minutes. Mr. McCoy seconded the motion
and the vote was unanimous in favor of the motion.

B) RATIFICATION OF PBA CONTRACT

Mr. Benton outlined the agreed upon changes to the three year PBA contract which runs from October 1, 2004
through September 30, 2007. Mr. McCoy moved to ratify the contract. Mrs. Holly seconded the motion and the
vote was unanimous in favor of the motion.

C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, AUTHORIZING THE

CREATION OF A SUBORDINATED CREDIT LINE OF $ 1, 500,000. 00 WITH SUNTRUST
BANKS, NA TO FUND HURRICANE WILMA-RELATED EMERGENCY COSTS;
AUTHORIZING THE VILLAGE MANAGER AND CHIEF FINANCIAL OFFICER TO
 EXECUTE SAID AGREEMENT FOLLOWING VILLAGE ATTORNEY REVIEW AND
APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE.

The Clerk read the caption of the Resolution. The Village' s Finance Director, Mark Malatak, provided information
regarding the proposed line of credit. Mr. Malatak indicate that the credit line would only be used if a cash flow
problem occurred as a result of Hurricane Wilma and the associated costs for clean-up. Mrs. Holly moved to adopt
the Resolution as presented. Mr. Loffredo seconded the motion and the vote was unanimous in favor of the motion.

2) VILLAGE CLERK Barbara A. Estep

Mayor Davis suggested that due to the length of the agenda and the number of people applying for the various Board
and Committee vacancies, the normal practice of allowing applicants to say a few words be suspended. He indicated
that the Council had had the application information for a number of weeks and asked the applicants to just stand to
be acknowledged when their name was called. The other Council Members had no problem with the Mayor' s
suggestion.

A) APPOINTMENTS TO THE PLANNING & ZONING BOARD

Paper ballots were voted with the following results:

Herta Holly Abramitis, Fernandez, Ulmer

Jim McCoy Abramitis, Fernandez, Ulmer
Al Davis Abramitis, Fernandez, Ulmer
JC Rodriguez Crutchfield, Fernandez, Ulmer
Steve Loffredo Crutchfield, Fernandez, Ulmer

Based on the voting, Misters Robert Abramitis, Richard Fernandez and Mark Ulmer were appointed to the Planning
Zoning Board.

B) APPOINTMENTS TO THE CODE ENFORCEMENT BOARD

Ballots were voted and counted with the following results:

Herta Holly Buenconsejo, Quiroga

Jim McCoy Buenconsejo, Quiroga
Al Davis Buenconsejo, Quiroga
JC Rodriguez Buenconsejo, Quiroga
Steve Loffredo Buenconsejo, Quiroga

Misters Rod Buenconsejo and Manny Quiroga were reappointed to the Code Enforcement Board.

C) APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD

The Council voted by paper ballot resulting in the following counts:

Herta Holly Cadwallader, Korman

Jim McCoy Cadwallader, Korman
Al Davis Cadwallader, Korman
JC Rodriguez Cadwallader, Mason
Steve Loffredo Cadwallader, Korman

Ms. Carolyne Cadwallader and Ms. Nina Korman were appointed to the Historic Preservation Board.
 D) APPOINTMENTS TO THE FINE ARTS COMMISSION

Paper ballots were voted and tallied with the following results:

Herta Holly Ackley, Cadwallader, Camp, Quinlan

Jim McCoy Ackley, Cadwallader, Camp, Quinlan
Al Davis Ackley, Cadwallader, Montero, Rodriguez
JC Rodriguez Ackley, Camp, Montero, Rodriguez
Steve Loffredo Ackely, Cadwallader, Quinlan, Rodriguez

Ballot #1 resulted in Ms. Susan Ackley and Ms. Carolyne Cadwallader being appointed to the Fine Arts Board. A
second ballot was voted among Mr. Camp, Mr. Quinlan, and Mr. Rodriguez.

Herta Holly Camp, Quinlan

Jim McCoy Camp, Quinlan
Al Davis Quinlan, Rodrugiez
JC Rodriguez Quinlan, Rodriguez
Steve Loffredo Quinlan, Rodriguez

Misters James Quinlan and Ivan Rodriguez were appointed to the Fine Arts Board.

E) APPOINTMENTS TO THE GENERAL EMPLOYEE PENSION BOARD

As there are three vacancies and three applicants, Mrs. Holly moved to appoint Ms. Mary Ross Agosta, Mr. Joe
Charles and Ms. Averill Dorsett to the General Employee Pension Board. Mr. Rodriguez seconded the motion and
the vote was unanimous in favor of the motion. In addition, Mr. McCoy moved to endorse employee Jim McCoy as
an employee member of the pension board. Mr. Loffredo seconded this motion and the vote was unanimous in favor
of the motion.

F) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING SECTION 20- 104 ( c),
OF THE VILLAGE CODE OF ORDINANCES, RELATING TO THE STORMWATER UTILITY
FEES, TO PROVIDE FOR AN INCREASE IN SAID FEES, PROVIDING FOR CONFLICTS, AND
PROVIDING FOR AN EFFECTIVE DATE.

Mrs. Estep read the caption of the Ordinance. Mr. McCoy moved to adopt the Ordinance. Mrs. Holly seconded the
motion. Mayor Davis opened the Public Hearing. As no one in attendance wished to speak on the issue, Mayor
Davis closed the Public Hearing and called for the vote which was unanimous in favor of the motion.

G) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 8

EMERGENCY MANAGEMENT" TO ADD ARTICLE III - " HURRICANE PROTECTION
MEASURES", PROVIDING FOR REGULATIONS CONCERNING LANDSCAPING AND THE
MAINTENANCE AND DISPOSAL OF LANDSCAPING DEBRIS, TREES, YARD WASTE AND
VEGETATION, SO AS TO MITIGATE POTENTIAL STORM IMPACTS AND DAMAGES;
PROVIDING RESTRICTIONS ON PLACEMENT OF LANDSCAPING DEBRIS; REQUIRING
REMOVAL OF CERTAIN EXOTIC PLANTS AND TREES FOR NEW CONSTRUCTION;
PROVIDING FOR PROTECTION OF ELECTRIC POWER LINES FROM VEGETATIVE
GROWTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, PROVIDING
FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mrs. Estep read the caption of the Ordinance into the record. Mr. McCoy moved approval of the proposed
Ordinance. Mrs. Holly seconded the motion. Mayor Davis opened the Public Hearing and resident Edward
Sunshine expressed his opposition to the ordinance, indicating that FPL should be responsible for cutting and
trimming trees away from the power lines rather than the homeowners. No one else stepped forward to offer
comments on the proposed ordinance. Mayor Davis closed the Public Hearing and called for the vote which was
unanimous in favor of the motion.

H) AN ORDINANCE OF MIAMI SHORES VILLAGE FLORIDA AMENDING CHAPTER 15 OF

THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, ENTITLED " OFFENSES" TO
ESTABLISH SECTION 15- 12 ENTITLED " SEXUAL VIOLATOR RESIDENCY
PROHIBITION," TO PROHIBIT CONVICTED SEXUAL VIOLATORS FROM RESIDING
WITHIN 2500 FEET OF SPECIFIED LOCATIONS WITHIN MIAMI SHORES VILLAGE;
PROVIDING FOR CONFLICTS PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE

Mrs. Estep read the caption ofthe ordinance. Mr. McCoy moved to adopt the proposed ordinance as presented.
Mrs. Holly seconded the motion. Mayor Davis opened the floor for the Public Hearing. No one present wished
to speak on the ordinance. Mayor Davis closed the Public Hearing and called for the vote which was unanimous
in favor of the motion.

3) VILLAGE MANAGER Tom Benton

A) REQUEST APPROVAL TO WAIVE BID PROCEDURE AND PURCHASE A NEW REAR

LOADER GARBAGE TRUCK FROM MACK TRUCK IN THE AMOUNT OF $ 169, 300.

Mr. Benton offered information regarding the request to waive the bid procedure. Mr. Loffredo moved to waive the
bid procedure and approve the purchase of a new rear loading garbage truck from Mack Truck for $169,300. Mr.
Rodriguez seconded the motion and the vote was unanimous in favor of the motion.

B) AWARD OF BID FOR STREET/ALLEY PAVING TO WEEKLY ASPHALT PAVING.

Mr. Benton provided background information regarding the paving contract bid process. Mr. Rodriguez moved to
award the paving bid to Weekly Asphalt Paving. Mr. McCoy seconded the motion and the vote was unanimous in
favor of the motion.

4) DOCTORS CHARTER SCHOOL Maggie Manrara

Ms. Maggie Manrara, Executive Director for the Doctors Charter School and Bill Heffernan, Chair of the School
Board Authority, presented information and answered questions from the Council with respect to the two items on
the agenda. Council members questioned why there was a need for supplemental funding at this point in the school
year. Ms. Manrara and Mr. Heffernan spoke of the initial start-up costs and non-recurring expenses incurred at the
beginning of the year, the higher than anticipated utility bills, and the current situation with the Dade County Public
School System. Ms. Manrara and Mr. Heffernan spoke of the misunderstanding and differing interpretations of the
Charter contract between the School' s administration and the County School' s administrative staff. The difference
of opinion lies in the enrollment figures contained in the Charter, the result of which is that the County is not
remitting full-time equivalent (FTE) dollars for every student that is enrolled at the School. Item 4A requests an
amendment to the School' s Charter and will clarify the admission enrollment. Item 4B addresses the fact that due to
the County withholding full payment, a shortfall exists for the operational expenses and the Charter School is
looking for partial payment of the budgeted funding for the School. Council Members advised Ms. Manrara and
Mr. Heffernan that they would like to have better documentation and communication regarding the School' s
operational expenses.

A) APPROVAL TO REQUEST CHARTER AMENDMENT FROM THE MIAMI-DADE COUNTY

SCHOOL BOARD, INCREASING THE NUMBER OF STUDENT STATIONS PERMITTED AT
THE SCHOOL.
Mr. Rodriguez moved approval of the proposed Charter amendment as presented. Mr. McCoy seconded the motion
and the vote was unanimous in favor of the motion.

B) REQUEST FOR PAYMENT OF FUNDS IN THE AMOUNT OF $ 180, 000 REPRESENTING ONE
HALF OF THE ANTICIPATED SHORTFALL IN OPERATING FUNDS FOR THE 2005/ 2006
SCHOOL YEAR.

Mr. Loffredo moved to approve payment in the amount of $180, 000 to the Charter School contingent upon the
receipt of monies from the North Dade Medical Foundation. Mr. McCoy seconded the motion and the vote was
unanimous in favor of the motion.

5) ANNOUNCEMENTS

Mrs. Estep read the announcements.

6) PUBLIC COMMENTS

No one in the audience wished to offer any comments.

7) COUNCIL COMMENTS

Steve Loffredo
Mr. Loffredo spoke of the power line structure and the fact that he is researching
alternatives to overhead power lines.

JC Rodriguez
Mr. Rodriguez thanked the employees and workers for their efforts in getting the Village
back together.

Herta Holly Mrs. Holly spoke of her experience with " urban camping" and is happy to have electricity
back. Mrs. Holly also wished everyone a Happy Thanksgiving.

Jim McCoy Mr. McCoy congratulated Alice Burch on her nomination as Citizen of the Year.

Al Davis Mayor Davis commended Tom Benton, the Public Works Department, the Police
Department and all of the employees for their dedicated efforts on behalf of the Village.

8) ADJOURNMENT

The November 15, 2005 Council Meeting was adjourned at 9: 35 PM.

Al Davis, Mayor

Barbara A. Estep, CMC

Village Clerk