Loading...
02-02-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 2, 1988 The Regular Meeting of the Miami Shores Village Council was held on Tuesday, February 2, 1988, at the C. Lawton McCall Community Center at 8:30 p.m. Due to the size of the audience, the meeting was moved to the Center from Village Hall. The following members were present: Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr Karen Kirby Marty Stofik Also present Elly F. Johnson, Village Manager William F. Fann, Jr., Village Attorney The meeting began with Rev. Matthew Kerestes, Advent Lutheran Church, giving the invocation followed by the Pledge of Allegiance. MINUTES Receipt acknowledged: a. Pension Board 1/19/88. b. Planning and Zoning Board (Completed Minutes) 1/14/88. c. Downtown Revitalization Board 1/20/88. d. Historic Preservation Board 1/18/88. Mrs. Stofik and Mr. Loffredo expressed concern that the minutes from the Council Workshop of 1/12/88 and the Regular Council Meeting of 1/19/88 were not Included in the agenda for approval. Mr. Loffredo made a motion to rotate Items *2 and *3 on the agenda. Mrs. Kirby second and the motion passed by a 3/2 vote with Mrs. Stofik and Mayor Canton dissenting. DISCUSSION OF POLICIES REGARDING THE MIAMI SHORES COUNTRY CLUB Mayor Canton, as suggested by Leonard Carson, Labor Attorney, discussed the need to establish a group of policies to give direction to the management and operation of the Country Club. Mr. Carson was present to answer questions. After much discussion on which of the suggested 17 policies were common sense, which were preexisting policies and which needed further study, a motion was made by Dr. Butter to table further discussion and action until the next Council meeting. Mrs. Stofik second and the motion passed unani- mously. DISCUSSION OF TERMINATION OF THE EMPLOYMENT OF THE VILLAGE MANAGER Mr. Loffredo stated he wanted to place the Item on the agenda for discussion. Mrs. Kirby explained her reasons for supporting Mr. Loffredo. First, regarding the Country Club fence Issue, she questioned his ability to respond to the pressure and his poor reception to her plan for the redesigning of the traffic flow which was similar to the one finally proposed for evaluation. Second, regarding the golf course, she questioned his Judgement In terminating the Greenskeeper when the course appeared to be doing well and within months the course began deteriorating. She felt this deterioration should have been reported to the Council rather than the Council hearing complaints from club members. Third, regarding the Country Club Manager, she questioned the Village Manager's interpretation of public information when she requested copies of correspondence between him and the Club Manager. Fourth, she questioned his use of profanity and his Judgement In dating an employee. Fifth, regarding the barricade Issue, she questioned his Judgement In not sharing plans and information with members of the Council. Sixth, she questioned his not sharing Information on negotia- tions with Dade County to take over services to neighboring cities. Seventh, she has not received prompt action on the lighting protect on the median strip between N.E. 6th Ave. and Grand Concourse on 96th St. Eighth, she questioned the expenditure of funds for redecoration of his office. Lastly, she was concerned that he and the Village Attorney were not Involved In negotiations regarding the Shores Theater and felt more information should have been researched on the Issue and presented to the Council. Mr. Loffredo explained the reasons for his action. He recognized an Inflexibility in the face of dissent evidenced in the barricade and Country Club guardhouse Issues. The public turmoil over these issues he felt related to the conduct of the Manager's administration as public input was sought after the policy was established with a few Council members. He questioned the appropriate use of funds to renovate the Manager's office. Mayor Canton stated the barricade Issue was not a Village Manager Issue but a Mayor's Task Force protect which had the permission of the Council. In response to negotia- tions with Dade County to take over some services of neigh- boring cities, he explained these were only discussions and there was nothing to report. He stated he Is in dally contact with the Manager and meets with him several times a week. He feels this same accessiblity is available to other Councilmembers. He asked for the set of policies from the labor attorney as standards previously accepted with former Village Manager and Club Manager needed to be renegotiated with new Village Manager. After a 5 minutes recess the meeting reconvened at 10:20 p.m. Under public comments, Herb Spahn, 1005 N.E. 95th St., stated the question Is one of the type of leadership the Council wants for the future and it needed to make a decision at this time. Edgar Bundy, 269 N.E. 100 St., questioned the ethics In submitting an application for grant monies for the theater which stated the theater had already been purchased. Gene Gold, contract employee, commended Mr. Johnson and stated the Council needed to select only one person to carry out its policies. Waiter Simon, 9022 N.E. 8th Ave., felt the Mayor had concentrated on only the Country Club Issue and should address the others presented by Mr. Loffredo and Mrs. Kirby. James Obenour, 1370 N.E. 103rd St, inquired about the purchase of the Pro Shop. Arthur Leeds, 53 N.W 93rd St., stated If a Manager Is hired to manage he should be permitted to manage. He supported the resignation of Lloyd Apple. Mike Boyle, 585 Grand Concourse, commented this was not a single issue of the Club. He further stated it appeared that the Village Manager did not serve all five Council - members. He recommended the Club Manager have Input on the policies to be determined for the management of the Club and inquired about the investigation conducted on the Club. Edward Harrigan, 260 N.E. 99th St., inquired about the legality of the Village negotiating with the Shores Theater and the availability of the "Village Hall News" to publish pros and cons of the theater purchase. Mr. Rubin commended the leadership of the Country Club and recommended supervision of the Club be directly under the Mayor and Council. John Kirby, 11 N.W. 97th St., expressed concern about the long range future of Miami Shores reference crime and code enforcement and the management style of the Village Manager. Henry Courtney, 452 Grand Concourse, doesn't feel that problems expressed are sufficient to terminate Manager's employment but do indicate a lack of communication between him and all Councilmembers. Owen Henderson, 47 N.E. 93rd St., stated although he and the Manager did not always agree, he respected his assessa- bility, concern and accomplishments for the Village. Ted Erickson, 1501 N.E. 103rd St., stated he arbitrated the meeting between Mr. Bramson and Mr. Johnson. Mr. Johnson had three items he presented In order to rescind Mr. Bramson's resignation. First, there should be no verbal abuse of any Club employee. Second, he requested he attend all staff meetings on Wed. morning. Third, he insisted that Mr. Bramson discontinue politicing. Mr. Bramson agreed to these items. Finally, Mr. Bramson stated he could not operate the Club without Mr. Apple. Mr. Johnson suggested changing Mr. Apple's resignation to the end of January. Later that afternoon, Mr. Bramson phoned Mr. Johnson and advised that he could not accept these terms. A few days later, Mr. Loffredo and Bob Lodge spoke to Mr. Bramson who accepted these terms and subsequently confirmed with Mr. Johnson. Barbara North Burton, 1202 N.E. 101st St., as Chairman of the Mayor's Task Force wanted to clarify some allegations. She stated the barricade issue was a Task Force project not a protect of the Village Manager and that he has been so occupied with the Club Issue he has not been Involved in the lighting of the median protect. She was supportive of the Manager and stated he should be permitted to run the Village. T.F. Chambers, 10642 N.E. 11th Ct., felt the Issue was about the Club and stated a manager can not manage if others are managing him. Seth Bramson, Country Club Manager, commented that although errors have been made, management at the Club has been ethical. He stated the Club should be run as a hospitality enterprise and recognized the contribution of Lloyd Apple In the Club's success. Eileen Leeds, 10675 N.E. 11th Ave., stated based on Mr. Bramson's recognition of Mr. Apple, the Club could save salary expense and hire only one Manager. Jacqueline Larson, 935 N.E. 99th St., commended the work of Mr. Apple. Franklin Grau, 857 N.E. 98th St., commended the work of Mr. Johnson. He commented on the application for the Cultural Affairs Grant stating he was advised by Tallahassee to answer the questions on the grant as If action has been accomplished. He further commented that he has been accessibile to the Council for questions. Betty Phoenix, 790 N.E. 91st St., stated a petition had been signed In support of Mr. Apple and emphasized the impor- tance of the Club in maintaining property values. Dick Oppen, 424 N.E. 103rd St., commended the manage- ment of the Club and urged cooperation between the Council, Village Manager, and Club Manager. Betty Zern, 1065 N.E. 96th St., stated mistakes have been made by everyone and one set of rules should be applic- able to both Managers. Ed Abdella, 9304 N.E. 9th Place, emphasized the need for both Managers to talk it over. Mr. Loffredo stated initially he supported the Manager's acceptance of Mr. Bramson's resignation. However, after investigation by Mrs. Kirby and his discussion with third parties, his request for discussion of termination was not a Country Club Issue. He feels the Manager Is not responsive to all Councilmembers and is politiking among them. Mrs. Kirby expressed concern that the Impression Is this is a Club Issue when it Is not. Dr. Butter stated the basic problem as explained by Mrs. Kirby and Mr. Loffredo was the interpretation of infor- mation. He has never been dented Information and researched data to make his decision on Issues. Although he does not always agree with the Manager, he does not look to terminate because of disagreement. According to Mr. Loffredo's memor- andum to place this Item on the agenda, it appears this Is a Club Issue and he does not feel it inappropriate for the Manager to request compliance of the Club Manager to appro- priate procedures. Although he respects the right for a difference of opinion, he does not share the opinions of Mrs. Kirby and Mr. Loffredo. Mrs. Stofik stated the primary reason Mr. Loffredo, Mrs. Kirby and Dr. Butler preferred hiring Mr. Johnson was that he as a strong Manager who would take charge and do what it took to get the job done. She commented the reason the Manager and Attorney did not get Involved In the barricade and theater Issue was that they were not asked to do so by the Council. She further noted that although the Club was only 1 of 7 departments In the Village It was occupying most of the Manager's and the Council's time and seemed to be the only one with problems. She questioned the duo standards that although both Managers were hard headed and abrasive at times but continued to do good jobs that one of them sould be ter- minated. If at the end of the Village Manager's first year, his performance were not adequate then his contract should be reviewed. She stated adequate cause had not been given to terminate the Manager. Mr. Loffredo made a motion to terminate the employment of the Village Manager with such negotiations for severance terms and pay as advised by the labor attorney according to the rules and laws of the State of Florida. Mrs. Kirby second the motion and stated it would be difficult to remain on the Council If she has to work with the Manager. She stated she was In the Manager's office when the Manager advised the Club Manager he would reevaluate Mr. Apple's resignation on January 31st and if things were fine he would reconsider the resignation. She stated a petition asking for the resignation of the Village Manager had been signed by many members of the Miami Shores Friendly Villagers. Mayor Canton felt the allegations were not true and that basically this was a Club Issue. Although he recognized the contributions of Mr. Bramson and Mr. Apple, he felt the main Issue on the motion was to determine who was In charge of Village management. The motion failed with a 2/3 vote with Mrs. Stofik, Dr. Butler, and Mayor Canton dissenting. After a 5 minute recess the meeting reconvened at 12:10 a.m. Mrs. Kirby was not present. Due the absence of the auditor, Item *4, PRESENTATION OF AUDIT REPORT, and *5, DISCUSSION OF WASTE DEPARTMENT ENTER- PRISE FUND, on the agenda were moved for deferment to the next meeting. Reference Item *6, RESULTS OF JANUARY BUDGET REVIEW, Gall Macdonald, Finance Director, stated due the extended Illness of the Code Enforcement Officer, a request had been made by the Code Enforcement Director to hire a part time officer for approximately 20 hours a week for approximately 16 weeks at an estimated cost of *$3,650. Dr. Butler made a motion to move $3,650 from the General Fund contingency to the Building and Zoning Department for the temporary hiring of a Code Enforcement Officer. Mrs. Stofik second and the motion passed unanimously. All other Budget Execution Review Items were deferred until the next meeting. Dr. Butler made a motion to defer Item *7, DISCUSSION OF ACCOUNTING FOR MIAMI SHORES COUNTRY CLUB FOUNDATION, to the next meeting. Mrs. Stofik second and it passed unanimously. RESOLUTION - LANDSCAPE MAINTENANCE CONTRACT - DOT Dr. Butler stated basically the Department of Transpor- tation was contracting with the Village to maintain Biscayne Blvd. and pay the Village $17,318.40 for doing it. Mr. Johnson advised that the Village has been doing this and the City of Miami has been receiving the funds. This Included maintenance of 6th Avenue and 103rd Street. Dr. Butler made a motion to approve the Landscape Maintenance Contract with the Department of Transportation. Mr. Loffredo second the motion. Upon agreement with Dr. Butler and Mr. Loffredo, Mrs. Stofik amended the motion to change terminology referring to the Mayor to the Village Manager. The motion as amended passed unanimously. The Resolution being entitled: RESOLUTION NO. 828-88 RESOLUTION AUTHORIZING VILLAGE MANAGER TO ENTER INTO AGREEMENT WITH FLORIDA STATE DEPARTMENT OF TRANSPORTATION PROVIDING FOR VILLAGE MAINTENANCE ON PORTIONS OF STATE ROADS 5, 915 AND 932. AWARD OF BID FOR CHEMICALS FOR GOLF COURSE Mr. Johnson recommended the bid for chemicals to treat the golf course be awarded to Southern Mill Creek Products Company, Inc. with the lowest bid of $11,965.40. Mrs. Stofik made a motion to award the bid as recommended. Dr. Butler second and it passed unanimously. AWARD OF BID FOR CONSTRUCTION OF MAINTENANCE FACILITY AT C. LAWTON MCCALL COMMUNITY CENTER Mr. Johnson advised 3 bids had been received with the lowest bid from Bishop & Son In the amount of $21,500. The amount budgeted was $25,000. Mr. Loffredo made a motion to award the bid to Bishop & Son in the amount of $21,500. Dr. Butler second and It passed unanimously. J.D. Varney, Recreation Director, advised the Council that $600 to $800 of the remaining budgeted monies would be spent on design costs. ANNOUNCEMENTS As noted on the agenda. Mr. Johnson Informed the Council that after the waiver of bid procedures on the sprinkler system at the golf course, the bid was being awarded to Jara Landscape Company, one of 3 blds received, In the amount of $8,280.35 to Install 22 -SC - 1230 Ralnbird Controllers. COUNCIL COMMENTS Mrs. Stoflk thanked the staff for moving the meeting from Village Hall to the C. Lawton McCall Community Center. PUBLIC COMMENTS None The meeting adjourned at 12:25 a.m ATTEST: Elly F. Johnson Village Manager B Y : ayor Aria Clayton Deputy Village CI rk