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08-21-1984 Regular MeetingREGULAR MEETING MIAMI SHORES VILLAGE COUNCIL August 21, 1984 The regular meeting of the Miami Shores Village Council was held on August 21, 1984, at the Village Hall, commencing at 7:30 p.m., with the following Council members present: Mayor Kevin O'Connor Elspeth Jensen Robert J. Lodge Herbert Spahn, Jr. Terry Cuson Also present: L. R. Forney, Jr., Village Manager William F. Fann, Jr., Village Attorney The meeting was opened with an invocation given by Msgr. Noel Fogarty of St. Rose of Lima Catholic Church, followed by the Pledge of Allegiance. The first business on the agenda was the presentation by Mayor O'Connor of a check to the Heart Association representing money raised by participants in the "Jump Rope for Heart" Program sponsored by the Recreation Department. MINUTES: (a) Council meeting 8/7/84 - approved by motion made by Mr. Lodge, seconded by Mrs. Jensen and carried. Receipt was acknowledged of the following: (b) Fine Arts Commission 7/16/84. (c) Advisory Board on Handicapped 8/1/84. (d) Beautification Committee 8/2/84. (e) Planning & Zoning Board 8/9/84. (f) Country Club Advisory Board 8/14/84. ORDINANCES - second and final reading: (a) CATS Mr. Lodge moved that the ordinance be approved on second and final reading. The motion was seconded by Mrs. Jensen and passed unanimously, same being entitled: ORDINANCE NO. 467-84 AN ORDINANCE AMENDING ARTICLE II, CHAPTER 4, MIAMI SHORES VILLAGE CODE OF ORDINANCES; RESTRICTING THE NUMBER OF CATS PER HOUSE- HOLD OR BUSINESS ENTERPRISE; PROHIBITING THE ABANDONMENT OF CATS AND PROVIDING FOR REMOVAL OF STRAY OR ABANDONED CATS. 8/21/84 -2- (b) UTILITY TAX INCREASE. Mr. Spahn reiterated his strong opposition to the increase as written in the ordinance and proposed a change to 10-5-5%. Mr. Lodge stated that he agreed with Mr. Spahn on this percent increase. On advice of Village Attorney the change will require readvertising. Mr. Lodge moved as first reading that Section 20-20, Article II, of the Code of Ordinances be amended to increase the utility tax to a 10%-5-5 level. The motion was seconded by Mr. Cuson. Mr. Forney pointed out how this would impact the budget which Mr. Spahn proposed could be made up by surplus funds. The ordinance passed as amended on first reading by a 3/2 vote with Mayor O'Connor and Mrs. Jensen dissenting. (c) WASTE COLLECTION FEE INCREASE. On second and final reading this ordinance was passed and adopted by motion made by Mr. Lodge and seconded by Mr. Spahn by a vote of 4/1 with Mr. Cuson dissenting. This ordinance is entitled: ORDINANCE NO. 468-84 AN ORDINANCE AMENDING SECTION 10-16, CHAPTER 10, OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES; SCHEDULE OF WASTE COLLECTION AND DISPOSAL FEES. RATIFICATION OF CONTRACT WITH P.B.A. FOR NEXT FISCAL YEAR. In a report to Council Mr. Forney stated that the PBA and Village agreed that all terms of the contract will remain as they are this year with the exception of pay which was mutually agreed on as 5% across-the-board for all sworn Police Officers on October 1 and an additional 3% increase on July 1, 1985, or 8.15% for the year. Mr. Cuson moved that the contract be approved and ratified. The motion was seconded by Mr. Spahn and passed unanimously. RESOLUTION AMENDING RECREATION COMPREHENSIVE PLAN TO REFLECT NEW FEE SCHEDULE. A resolution was presented to amend the Comprehensive 8/21/84 -3 - Plan for the Recreation Department to include a new fees schedule. Members of the Recreation Advisory Board were present to discuss these fees as well as tennis players who objected to the $1.00 fee proposed for all tennis players over 18 years. After discussion Mr. Cuson moved that we remove the fee established on tennis of $1.00. The motion was seconded by Mr. Lodge who felt there should be something free in the Village. The motion to eliminate the $1.00 tennis fee was passed by a 3/2 vote with Mayor O'Connor and Mrs. Jensen dissenting. Mr. Cuson then moved that the resolution be approved adopting the new recreation fees in the Comprehensive Plan, with the exception of the tennis fee. The motion was seconded by Mr. Spahn and passed 4/1 with Mrs. Jensen dissenting. The resolution is entitled: RESOLUTION NO. 770-84 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN FOR THE MIAMI SHORES RECREATION DEPARTMENT BY RE-ESTABLISHING FEES. DISCUSSION OF COUNTRY CLUB ADVISORY BOARD REPORT. In a report to Council Mr. Forney, after meeting with the Country Club Advisory Board, recommended that the Club annual fee schedule be retained as this year with increases in greens fees, cart fees and a $6.00 fee for handicapping. In addition, Mr. Forney withdrew the proposal for a $2.00 Capital Improvement assessment per round of golf. In discussing the resolution to re-establish fees and rules of play, the restriction on General membership use of the golf course was deemed unpopular and unnecessary. Mr. Cuson moved that paragraph (c) of Section 1. be eliminated• from the resolution. The motion was seconded by Mr. Spahn and passed unanimously. Regarding the proposed $2.00 assessment, Mr. Cuson moved that paragraph (h), Section 3. be deleted from the resolution. The motion was seconded by Mr. Spahn and passed unanimously. The resolution as amended was then passed and adopted unanimously by motion made by Mr. Cuson and seconded by Mr. Lodge; said resolution being: RESOLUTION NO. 771-84 A RESOLUTION REPEALING RESOLUTION 762-83 REGARD- ING COUNTRY CLUB FEES AND USE REGULATIONS; RE- ESTABLISHING MIAMI SHORES COUNTRY CLUB ANNUAL MEMBERSHIP FEES; DAILY GOLF AND TENNIS FEES; DEFINING MEMBERSHIPS AND REGULATING PLAY. 8/21/85 -4- APPROVAL OF CANCER CARD CONTRACT FOR MAY 1985 -OCTOBER 1985. Mr. Forney reported that for the past two years we have had considerable success during the summer season with maintaining activity on the golf course through the use of the Cancer card. He recommended continuing with this program. Approval was granted for the 1985 Cancer Card program by motion made by Mr. Lodge, seconded by Mr. Cuson and passed unanimously. RE -ROOFING OF MANSARD ROOF AT COMMUNITY CENTER. In a report to Council Mr. Forney explained that we had received only two bids on the re -roofing; one in the amount of $25,500.00 and the other, $33,980.00. The amount set up in the budget for the project was $15,000.00. Mr. Forney recommended that both bids be rejected, that the money be carried over to the next budget and that it be rebid about December 1984 when the roofers are not so busy. Mr. Lodge moved that the bids be rejected and rebid at a future time. The motion was seconded by Mr. Spahn and passed unanimously. DISCUSSION OF FISHING AT BAY FRONT PARK. Because of resident and non-resident fishing at the Bayfront and we have no legal prohibition of same Mr. Forney asked for direction from the Council on permission to fish or not to fish. In the discussion that followed there was a con- sensus of Council in favor of a prohibition on fishing from dusk to dawn. Mr. Forney was directed to have an ordinance prepared to effect a dusk to dawn ban on fishing. VILLAGE MANAGER'S REPORT. (a) Country Club Membership report. (b) Country Club Financial reports. (c) Investment report. (d) Population estimate 4/1/84 - 9150, registered voters 5366. (e) IMC -HMO We have been notified by our health/hospitalization carrier, IMC -HMO, that because df a recent Federal law they will no longer be able to offer us a swing plan. Mr. Forney added that he had succeeded in getting them to extend our present coverage through September and in the meantime he would pursue other plans. ANNOUNCEMENTS: (a) Labor Day at the Country Club. (b) Miami Shores Community Band is calling for musicians and donations. (c) Hurricane Shelter volunteers needed. 8/21/84 -5 - Mr. Ed Abdella acknowledged with thanks and appreciation a generous donation made by Mrs. Clifford of Clifford's Restaurant, for the Miami Shores Band. COUNCIL COMMENTS. Mr. Cuson encouraged the establishment of a foundation for donations to the Country Club as proposed by the C. C. Advisory Board. Mr. Cuson also reminded everyone to vote. Mrs. Jensen stated that she will be working at the polls on election day and will not be present at the next meeting. Mr. Spahn, in referring to Mr. Forney's proposal to put pictures of the Council on the budget, felt that since it was the Manager's budget he also should have his picture on it. He wanted to eliminate the pictures totally or have the Manager's with the Council. The consensus of Council on the pictures ranged from no to indifference. ADJOURNMENT. 9:45 p.m. Village Clerk