01-21-1986 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
January 21, 1986
The regular meeting of the Miami Shores Village Council was
held on January 21, 1986, at Village Hall, commencing at 7:30p.m.,
with the following members present:
Mayor Karen Kirby
Robert S. Butler, Jr.
Kevin P. 0:'Gonnor
Elspeth Jensen
Marty Stofik
Also Present L.R. Forney, Jr., Village Manager
William F. Fann, Jr., Village Attorney
The meeting was opened by an invocation given by Father John
McLaughlin of St. Martha's Catholic Church, followed by the Pledge
of Allegiance.
PRESENTATIONS.
(a) Ms. Jean Cuson, Chairwoman of the Fine Arts Commission, presented
to Council several pieces of art that were purchased at their Art
Festival held on November 16, 1985. The art will be displayed at
Village Hall, Brockway Memorial Library, the Country Club, and the
Community Center. Several Miami Shores service clubs were recog-
nized for their donations which made the art purchase possible.
(b) Mayor Kirby presented Dr. Fred Steinberg, Vice -President of Dade
County Chiropractic Association, with a proclamation declaring
January, 1986, as Spinal Health Month.
(c) Mayor Kirby presented award certificates to the following winners
of the 1985 Outdoor Christmas Light Contest as selected by the
Beautification Committee: George Gomez, Kathrine-Anne Burton,
Joe & Margaret Birch, Jack & Candy Rengstl, and Dr. John Williams.
MINUTES.
(a) Council Meeting of January 7, 1986 -Mayor Kirby requested that page
four of the minutes, under Council comments be amended to read
Mr. Powell rather than Mr. Howell. Page four of public comments
was also amended to read Ms. Agnes Conlan rather than Ms. Agnes
Compton. Mr. O'Connor moved to approve the minutes as amended,
seconded by Mrs. Stofik, and passed unanimously.
Receipt acknowledged:
(b) Recreation Advisory Board 1/13/86.
(c) Country Club Advisory Board 12/10/85.
PRESENTATION OF AUDIT TO COUNCIL.
Mr. Duke Landorf of May Zima & Company, auditors for the
Village, summarized the annual audit report for the fiscal year
ending September 30, 1985. Recommendations and findings were cited
in the report.
Mrs. Stofik moved to accept the annual audit report as pre-
sented, seconded by Dr. Butler and passed unanimously.
DISCUSSION ON LIBRARY RESERVE FUND.
In a report to Council, Mr. Forney explained that several
months ago Council had requested that a system be devised that would
change the practice that had existed in the past of the Library being
able to retain and control any surplus funds generated by their annual
budget. The proposal specified that any surplus generated from a given
operational year would revert to the general fund where it would be
placed out at interest, which would be credited to the'Lr1brary the
following year. When the next budget was drawn up, the amount of that
surplus would be credited to the Library and would constitute a deduc-
tion of the total amount of new monies budgeted for the Library for
that year. Interest earnings on monies held for one year would become a
part of the surplus, if any, of the Library for that year and would
be credited against the budget of the following year. This procedure
was endorsed by the Library Board.
Dr. Butler moved to approve the recommended procedure for
handling the Library surplus funds, seconded by Mrs. Stofik, and
passed unanimously.
CHANGE IN P.B.A. CONTRACT.
Mr. Forney outlined the changes in the P.B.A. contract which
had been negotiated between the Village and the Union pertaining to
the accrual of compensatory time. These mid -year negotiations were
made necessary due to a change in Federal law applying the Fair Labor
Standards Act to municipalities. The primary change stipulated that
all time worked in excess of 40 hours in any given seven day work
period would be considered overtime for which an employee would be
entitled, at his option, to receive overtime pay or compensatory time
at 12 times the employee's regular base hourly rate of pay. An
employee would be permitted to accumulate up to sixty hours of com-
pensatory time. The change in Article 21 of the contract was approved
by the P.B.A. bargaining unit.
Mrs. Stofik moved to approve the changes outlined in
Article 21 concerning hours of overtime as recommended by the Village
Manager and the P.B.A., seconded by Dr. Butler. The motion passed
unanimously.
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PRESENTATION OF MR. PORTER'S CERTIFIED PETITION.
Mr. Forney explained that the County Clerk had determined
that there were 230 valid signatures on the petition submitted by
Mr. Porter requesting an increase in minimum fence heights. Only
166 signatures were required. Therefore, the petition submitted
constituted a sufficient petition.
In accordance with Section 28 of the Charter, the Council
was required within the next thirty days to take one of two actions.
The first option was to adopt an ordinance increasing the fence
heights from five feet to six feet as set forth in Mr. Porter's
petition. The second option would be to set a date for a special
election within 120 days of January 21st.
Dr. Butler moved to accept the Porter petition and schedule,
at the Council's approval, one of the dates that had been recommended
within the time frame to schedule a referendum for this issue. The
motion was seconded by Mrs. Stofik.
Members of the public commented on this issue. Mrs. Dottie
Yates, Crime Watch Coordinator, presented a counter petition to
Council with 612 signatures of residents who were opposed to increasing
fence heights.
Dr. Butler moved to amend his original motion to schedule a
referendum on Tuesday, April 22, 1986, seconded by Mrs. Jensen. The
amendment passed unanimously.
The motion scheduling the referendum for April 22, 1986, on
the fence height ordinance request passed unanimously.
RECOMMENDATION BY VILLAGE MANAGER FOR SPECIAL STUDYCOMMITTEE
ON THE COUNTRY CLUB.
Mr. Forney made reference to the annual audit report presented
earlier and the Country Club financial reports and membership reports
which were to follow in the Village Manager's report to point out the
poor financial condition of the Country Club. He elaborated on several
options Council could pursue to improve the situation. It was recom-
mended that Council appoint a special committee to conduct a study of
the entire operation of the Country Club and report back to Council
with their recommendations. Councilmembers commented on the make-up of
the Committee and what issues should be explored by such a committee.
After public discussion, Dr. Butler moved to accept the concept of
establishing a blue ribbon committee to study the operation of the
Country Club, seconded by Mrs. Stofik. The motion passed on a vote
of 4/1 with Mayor Kirby dissenting.
VILLAGE MANAGER'S REPORT.
(a) Country Club Financial Report.
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Mr. Forney explained that all revenues for this year are
down from last year, with the exception of the dining room.
(b) Country Club Membership Report.
Mr.. Forney reported that total membership was down by
29% for this year. The Country Club Advisory Board appointed a
membership committee, which held its first meeting today. The
Committee requested the Village Manager to present the following
two proposals to Council to generate new membership:
1) To change the dining room minimum to $100 for
all new members joining the Country Club after
February 1, 1986.
2) To allow members to use the $200 minimum dining
room fee for bar purchases as well as food pur-
chases.
Mrs. Stofik made a motion that members joining after
February 1st would remain under the existing dues policy, but
their dining room minimum for the remainder of the year would be
$100. As a point of order, Mr. O'Connor suggested that this item
needed to be placed on the agenda. The Village Attorney confirmed
this point.
Mayor Kirby passed the gavel to Vice -Mayor Dr. Butler. She
made a motion to place this item on the agenda as an emergency item. a fD m
The motion was seconded by Mrs. Jensen. The motion passed 3/2 with -z o -
Dr. Butler and Mr. O'Connor dissenting. Dr. Butler passed the gavel • -s PJ
to Mayor Kirby. *Amendment Addition: See Margin. m0-0
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Mrs. Stofik withdrew her initial motion. She moved that 0 �' o
the $200 dining room fee that applied to dining room purchases be o c
extended to cover the lounge, seconded by Mr. O'Connor. The motion = s y
passed unanimously. o CD
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Mrs. Stofik moved that effective February 1, 1986, the
dining room minimum for members joining as of or after that date ;r i • al
be set at $100 for the remainder of the 1986 membership year. = =
The motion was seconded by Mrs. Jensen. The motion passed on a o g C
3/2 vote with Dr. Butler and Mr. O'Connor dissenting. .I,CI
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(c) Investment Report. ,
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ANNOUNCEMENTS. c CA
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(a) Fifties, sixties and seventies night at the Country Club `▪ + °'-5
on Saturday, January 25th, at 7:OOp.m. O
(b) Council workshop on Wednesday, January 22nd, 7:OOp.m. at -s o
the Community Center. o ,+,
(c) Mobile Crime Watch on Wednesday, January 29th, 1:00-3:OOp.m. -11
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at Village Hall. s`O
(d) Superbowl celebration begins on Sunday, January 26th at `DDJ
4:OOp.m. at the Country Club.
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COUNCIL COMMENTS.
Mayor Kirby encouraged local residents to participate in
the aquatic program coached by Mr. Bob Karl, a former Olympic coach.
PUBLIC COMMENTS.
Mrs. Suzanne Spear commented on her request to Council con-
cerning a waiver to the filming ordinance. Dr. Butler explained that
under the current ordinance the final decision on granting any tj'pe of
waiver rested with the Village Manager. A proposal considering chang-
ing this appeal process will be addressed at the next regular Council
meeting.
Dr. Jay Stein discussed his proposal outlined in the Pre -
Council conference meeting.
Mr. Chamber commended the Council and the Village Administration
for having a surplus as explained in the audit report.
ADJOURNMENT. 9:35p.m.
ATTEST: L.R. Forney, Jr.
Village Clerk
BY:
ndy utter
Deputy Village Clerk
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Karen Kirby
Mayor d