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01-19-1982 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL January 19, 1982 A regular meeting of the Miami Shores Village Council was held on January 19, 1982, 7:30 p.m., at the Village Hall, with the following Council members present: Mayor Robert J. Lodge Herbert Spahn Donald W. McIntosh Elspeth Jensen Absent: Henry A. Everett Chief John Fletcher, Interim Manager, and Mr. William F. Fann, Jr., Village Attorney, were also present. The meeting was opened with an invocation given by Rev. Paul Moehlman of the Miami Shores Presbyterian Church, followed by the Pledge of Allegiance. MINUTES - 12/15/81 and 1/5/82 In reference to the minutes of December 15, 1981, Mr. McIntosh asked the Chairman to consider Roberts Rules on the wording of a tie vote. He requested that a correction be made on Page 7 and Page 8 to change the wording from "motion failed on a tie vote" to "motion was lost or rejected on a tie vote". In the discussion that followed Mr. McIntosh was advised that the office had a copy of Roberts Rules if he wished to refer to it. While Mr. McIntosh was out of the room checking the reference, the minutes of January 5, 1982, were approved as written by motion made by Mr. Spahn, seconded by Mrs. Jensen and carried unanimously. STREET LIGHT REQUEST - Wm. Potter, 1004 N. E. 94th St. Chief Fletcher reported, referring to a memorandum from the Public Works Director, that Florida Power & Light had made an error in their install- ation cost (Item 4 of the memo) which will be refigured over the lifetime of the 1/19/82 -2- light. As a result and because Mr. Potter could not attend this meeting, the Chief recommended that the Council defer action on this item, which was approved by motion made by Mrs. Jensen, seconded by Mr. Spahn and carried. RESOLUTION TO COUNTY COMMISSION REGARDING FLORIDA POWER & LIGHT FRANCHISES. This resolution was prepared as directed at the meeting of December 15, 1981. Following the reading by title only Mrs. Jensen moved that it be approved. The motion was seconded by Mr. Spahn and carried, said resolution being: RESOLUTION NO. 722-81 A RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA, REQUESTING THE DADE COUNTY COMMISSION TO CANCEL OR RESCIND THOSE PORTIONS OF THE DADE COUNTY FRANCHISE AGREEMENT WITH FLORIDA POWER & LIGHT THAT CONCERN MUNICIPALITIES. RESOLUTION WAIVING BID PROCEDURE ON PRINTING OF HISTORY OF MIAMI SHORES. The Village Clerk explained that the Council had previously approved an $8,000.00 expense item for the printing of the history of Miami Shores, that Mr. McCall, Chairman of the Historical Committee, had contracted with Bill Kofoed for writing, editing and printing of this book. Because of its specialized nature no bids were taken. The bill received for the publishing of 4 M booklets was $6,990.19. Mr. McCall suggested selling the books for $3.00 ea. Mr. Spahn moved that the resoluting waiving bid procedure be approved. The motion was seconded by Mrs. Jensen and carried, said resolution being: RESOLUTION NO. 727-81 A RESOLUTION WAIVING BID PROCEDURE FOR THE PRINTING OF A BOOK ON THE HISTORY OF MIAMI SHORES VILLAGE. MINUTES - 12/15/81 Mr. McIntosh reported that although the Village copy of Roberts Rules was dated in 1921, it nevertheless referred to a tie vote as being lost. The 1/19/82 -3- Chair could not break the tie as his vote had created it. Mr. McIntosh further stated that the lost motion did not fail or did not pass, that the application had not been decided and was still in limbo. Mr. Fann stated that in his opinion the issue had been dealt with according to Roberts Rules and our ordinance (Zoning Ordinance). Mr. McIntosh stated he would not vote to approve the minutes if those portions concerning the tie votes were included. After more discussion Mrs. Jensen moved to approve the minutes as read. The motion was seconded by Mr. Spahn and the vote was recorded as a tie vote. The Chair announced that the minutes were not approved. Mr. McIntosh then moved that the minutes be approved with the exception of the two items he pointed out on Page 7 and Page 8 concern- ing the tie vote, until further clarification can be made through Mr. Fann as to the legality of the vote. The motion died for lack of a second. The Mayor asked the Village Attorney to give the Council a written report on this issue. SET DATE FOR WORKSHOP ON HEALTH INSURANCE. Chief Fletcher reported that we have been advised by R. L. Blue, agent for Home Life Ins. Co., that our premiums for health insurance have been increased by 93% effective Jan. 1, 1982, and requested that a workshop be scheduled prior to the next regular meeting. In the discussion that followed it was suggested that the insurance be put out to bid and that the workshop be scheduled after bids are received. Mr. McIntosh moved that the health insurance be put out to bid. The motion was seconded by Mr. Spahn and passed unanimously. GARBAGE FEES, PRORATION ON NEW CONSTRUCTION AND CHANGE OF USE. In a memo to the Interim Village Manager from the Finance Director it was proposed that garbage collection fees be prorated on new construction 1/19/82 -4- and change in use requiring a different volume or frequency of collection. Neither of these conditions is presently in the Village Code. Mr. Spahn moved that the Village Attorney prepare an amendment to our Code to allow for proration of garbage fees as suggested by the Finance Director. The motion was seconded by Mrs. Jensen and passed unanimously. POLICE DEPARTMENT RENOVATION. Chief Fletcher reported that Carr Smith & Associates advised that their fee for final plans and job supervision would be 10% of construction costs, or about $20,000.00. After discussion Mr. McIntosh moved to postpone action on this item until more information can be secured from Mr. Ackley and the files as to where the Village stands on proceeding under the Competitive Negotiations Act in regard to negotiating with a second professional (of those originally con- sidered). The motion was seconded by Mr. Spahn and passed unanimously. ACTION FROM COUNTRY CLUB WORKSHOP, IF NECESSARY. From a workshop held on January 18, 1982, it became apparent there is a need for written policies on Club practices, and, as stated by Mayor Lodge, it was a consensus of Council that the Village Manager be directed to work with the Country Club Manager and the Advisory Committee to review Club policies. Mr. Spahn moved that a review be made of all existing administrative practices, that is,what is currently being done, by the Club Manager and Interim Village Manager in conjunction with the Advisory Board, to be brought back to Council for policy decisions. The motion was seconded by Mrs. Jensen and passed unanimously. The Council also discussed directing the Village Attorney to review the ordinance regarding refunds, referring to Sec. 15-50 of the Code, a part of Ordinance No. 356. Mr. McIntosh moved that Ordinance No. 356 be copied for Council and Village Attorney for a workshop or the next Council agenda. The motion was 1/19/82 -5- seconded by Mr. Spahn and passed unanimously. VILLAGE MANAGER SELECTION. On January 18, 1982 at a workshop the Council interviewed Leslie R. Forney, Jr., City Manager of Port Orange, for the position of Village Manager and informally agreed upon his employment. Mr. Spahn moved that Mr. Forney be hired as Village Manager to start March 1, 1982, at $35,000.00 a year with a six month revision at approximately 6%, $250.00 car allowance, (no car) 6% retirement contribution taken as requested, standard allowance and moving expenses not to exceed figure secured from three bids. The motion was seconded by Mrs. Jensen and passed unanimously. The Mayor reviewed Mr. Forney's resume for the benefit of those present. The Council directed that all other applicants be notified of the appointment. VILLAGE MANAGER'S REPORT. (a) Police vehicles - maintenance problem to be resolved according to the Chrysler representative. (b) Letter from So. Fla. Water Management District - information. (c) Dade County Charter Review Commission interim report - given to Council. ANNOUNCEMENTS: (a) 50th Anniversary banquet, Jan. 23, 1982. (b) History of Miami Shores books on sale at $3.00. (c) Feb. 12, 1982, dinner dance at Country Club. (d) Fri. evening cocktail party at Club. COUNCIL COMMENTS. Mrs. Jensen reported that Homestead had passed a resolution regarding a reciprocal agreement in regard to hiring Police Officers and has asked the Dade League to support it. Mr. McIntosh brought up the review of finances by the Country Club Administrative Board which it was decided could be ready by February 16th. Mr. Spahn reported that he had contacted Merrett Stierheim in regard 1/19/82 -6- to the street light bill of $4,106.88 without much encouragement but it still may be paid. PUBLIC COMMENTS. Mr. Lou Sauber commented on the fine condition of the golf course and wanted to extend congratulations to Al Bryant, golf course superintendent. Mrs. Joyce Pettis brought up the lack of security on the golf course with children riding on bicycles and the ranger does not have authority to keep them off the course. The Chief stated that police assistance was available. The meeting adjourned at 8:45 p.m. Village Clerk