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02-16-1988 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 16, 1988 The Regular Meeting of the Miami Shores Village Council was held on Tuesday, February 16, 1988, at Village Hall at 7:30 p.m. with the following members present: Also present Mayor Spero Canton Stephen Loffredo Robert S. Butler, Jr. Karen Kirby Marty Stofik Elly F. Johnson, Village Manager William F. Fann, Jr., Village Attorney The meeting began with Rev. Clifford Horvath, Episcopal Church of the Resurrection, giving the invocation followed by the Pledge of Allegiance. Ernie Van Eke representing American Legion Post *124 presented the Mayor with a $200 check as a donation to the Recreation Department. The Deputy Village Clerk presented the Mayor and Council with their annual $1 salary check. MINUTES a. Regular Council Meeting 2/2/88. Dr. Butler made a motion to approve the minutes as written. Mrs. Stofik second the motion and it passed unanimously. b. Pre -Council Meeting 2/2/88. Mrs. Stofik made a motion to approve the minutes as written Dr. Butler second the motion and it passed unanimously. c. Regular Council Meeting 1/19/88. Mr. Loffredo made a motion to approve the minutes with the addition of his following comments: On page 2, to Include the extra expense as against the rents was $20,000 per year for the larger bond Issue not $40,000 per year and to Include reference to $850,000 as a preferred debt for purchasing the theater lease as opposed to $1.7 million for the entire building. Mrs. Stofik second the motion and It passed unanimously. d. Council Workshop 1/12/88. Mrs. Stofik made a motion to approve the minutes as written. Dr. Butler second the motion and it passed unanimusly. Receipt Acknowledged: e. Planning and Zoning Board 1/28/88. f. Recreation Advisory Committee 1/11/88. g. Downtown Revitalization Board 2/3/88. AWARD OF BID FOR GARBAGE TRUCKS Mr. Johnson recommended the bid for two garbage trucks be awarded to South Florida Mack Trucks with the lowest bid of $196,483. This amount Tess the trade In ($5,100) brings the bid to $191,383. Dr. Butler made a motion to award the bid to South Florida Mack Trucks as recommended. Mrs. Stofik second the motion and It passed unanimously. Dr. Butler made a motion to approve the appropriation of $81,000 from the fund balance for the purpose of funding the purchase of the second garbage truck. Mrs. Stofik second the motion and It passed unanimously. WAIVER OF BID PROCEDURE ON FIREWORKS FOR 4TH OF JULY Mr. Johnson recommended the normal bid procedure be waived and the bid for fireworks be awarded to Southern International Fireworks In the amount of $4,200. Mrs. Stofik made a motion to waive the normal bid procedures and award the bid for the 4th of July fireworks to Southern International Fireworks In the amount of $4,200. Dr. Butler second the motion and it passed unanimously. RECOMMENDATION FOR HISTORIC LANDMARK DESIGNATION Margo Newton, Chairman of the Historic Perservation Board, presented a request for historic landmark designation of the Mediterranean Revival designed home at 152 N.E. 93rd Street. The home owner, Valerie Casuso Shields, has signed a convenant. Mrs. Stofik made a motion to designate 152 N.E. 93rd Street as an historic landmark based on the recommendation of the Historic Preservation Board. Dr. Butler second the motion and it passed unanimously. PRESENTATION OF AUDIT REPORT Michael Burris representing the auditing firm of Touche & Ross advised the Council the audit of the Village's finan- cial statements Is an unqualified opinion which means the firm had no material differences with the Finance Director's presentation and classification of the financial statement. He advised that no irregularities were found In any depart- ment. Improvements have been recommended In the firm's letter to management. Mrs. Stofik made a motion to accept the auditor's report. Dr. Butler second the motion and it passed unani- mously. DISCUSSION OF WASTE DEPARTMENT ENTERPRISE FUND Mr. Johnson commented on the recommendations of the auditors to set up the Waste Department as an enterprise fund. His recommendation and that of the Finance Director was to retain the present accounting system. Mr. Burris explained that the generally accepted accounting prinicples for governments require that If the main revenue for a department Is from users' fees then an enterprise fund should be established. In the auditor's opinion, the criteria has been met as 90% of the total revenues of the Waste Department come from users' fees revenue. Upon inquiry from Mrs. Stofik, he further commented the Village's Certificate of Excellence In Financial Reporting could be In Jeopardy and there Is a potential for loss of management efficiency If the Village does not conform to this procedure. Gall Macdonald, Finance Director, advised the Council It would be necessary to transfer monies from General Fund cash and from the General Fund fund balance In order to begin the enterprise fund without a deficit fund balance. Also, In order to account for depreciation costs of equipment It is likely user fees would be increased. Mr. Loffredo made a motion to table further discussion until the next meting In order to obtain further information on cost to user for the establishment of the fund. Mrs. Kirby second the motion and it passed unanimously. DISCUSSION OF POLICIES REGARDING THE MIAMI SHORES COUNTRY CLUB There was much discussion on the 17 recommended policies regarding the management and operation of the Country Club. Mr. Leonard Carson, Labor Attorney, who proposed the recommendations was available for questions. Policies *1 through *6 relating to personnel rules and regulations were generally accepted. Mr. Loffredo stated Mr. Bramson would need to comply with policy *4 reference atten- dance at meetings although other arrangements had been made with the previous Village Manager. He expressed concern about cost impact of Club prices In order to accommodate the audi- tor's recommendations. Mrs. Kirby questioned the ability of the Manager to continue to have flexibility with menus under the proposed purchasing policies. Mrs. Stofik expressed her concern that proposed purchasing procedures were not already followed. Seth Bramson, County Club General Manager, felt the Council was overworking what Is currently being done at the Club. He noted problems with Policy *9 reference petty cash use for emergency purchases only. Mrs. Kirby made a motion to acept policies *1 through *17 with the deletion of the first sentence "Petty cash Is to be used only for emergency purchases" In Policy *9. Dr. Butler second the motion. Mr. Johnson identified a problem with the deletion of this sentence. With the approval of Mrs. Kirby and Dr. Butler, Mrs. Stofik amended the motion to Include a new first sentence to read "Standards and procedures for the use of petty cash be established and followed.". The motion as amended was passed unanimously. Dr. Butler made a motion that the Village Manager and Country Club Manager meet in approximately 2 months to go over these procedures and for the Village Manager to then report back to the Council. Mrs. Stofik second the motion and It passed unanimously. DISCUSSION OF ACCOUNTING FOR MIAMI SHORES COUNTRY CLUB FOUNDATION Mr. Johnson recommended the Finance Department continue accounting services for the Country Club Foundation until the Foundation received Its tax exempt status. The Finance Department originally was authorized by the Council to per- form this service for the Foundation's Autumn Ball. In order to clarify continued support for the auditors, he recommended the Council extend the length of accounting service. Mrs. Stofik made a motion to continue the accounting services of the Miami Shores Country Club Foundation for the next 60 days. Dr. Butler second the motion and it passed unanimously. PROPOSED ORDINANCES CREATING MODIFIED RESIDENTIAL DISTRICT AMENDING COMPREHENSIVE PLAN OF VILLAGE AND REZONING PROPERTY SOUTH OF N.E. 94TH STREET AND N.E. 2ND AVENUE Upon inquiry from Dr. Butler, Mr. Fann advised the Council that requests for zoning changes are routed to the Planning and Zoning Board for scheduling of a public hearing. The Council can prepare and submit the ordinances to the Board which must then schedule the hearing and report back to the Council. Dr. Butler advised that the drafted ordinances pre- sented at this time basically defined modified residential area. Its purpose was to allow the use of more than the curent home/office combination definition of a residential area. It was not to rezone as a business area or a modified business area but only to allow more than the limited per- centage of square footage In the houses that exist in the 3 1/2 block area on N.E. 2nd Avenue. He further stated the ordinances presented should help clarify any misunder- standings with the Planning and Zoning Board. Robert Rossi, Chairman of the Planning and Zoning Board, stated the Board would conduct a public hearing and then recommend Its adoption as written or recommend changes. Joseph H. Well, author of the 3 presented ordinances and representing Barbara North Burton, stated the first drafted ordinance creates the new modified residential district. The second which Is required by Chapter 163 of the Florida Statutes addresses an amendment to the Village's Comprehensive Plan. The third Is the rezoning ordinance Itself which rezones a section of property. Mrs. Stofik requested the Planning and Zoning Board, In Its planning capacity, recommend to the Council what Is the best future use of the property south of N.E. 94th Street. Mr. Loffredo stated his understanding was that the Board had made Its recommendation for this area which was to main- tain the present zoning. Mrs. Kirby expressed concern that a precedent would be established In overturning a decision of the Planning and Zoning Board. She stated there Is a danger In changing the make-up of Miami Shores as a residential community. Dr. Butler made a motion to refer the ordinance to the Planning and Zoning Board to plan and execute a public hearing and request the Board further look at, in the course of their Comprehensive Plan, other portals of entry to the community. The motion died for lack of a second. Mrs. Stofik made a motion to refer to the Planning and Zoning Board a request to aggressively evaluate those areas that would serve as buffers around the community and to begin that evaluation with the area on 2nd Avenue south of the commercial business area. Dr. Butler second the motion. Mr. Loffredo requested a reconsideration of the motion to make it broader and less specific. He recommended amending the motion to Include giving preference to no one specific proposal. Mrs. Stofik and Dr. Butler accepted the amendment. There was discussion from the following residents: Marcus Ambrose, 234 N.E. 92nd Street; Robert Frix, 270 N.E. 97th Street; Betty McCravy, 258 N.E. 92nd Street; and John Riddell, 253 N.E. 92nd Street. Each resident expressed con- cern about the potential of loss to neighboring property values and traffic and parking problems. The motion to refer to the Planning and Zoning Board a request to aggressively evaluate those areas that would serve as buffers around the community and to begin that evaluation with the area on 2nd Avenue south of the commercial business area giving preference to no one specific proposal was passed by a 4/1 vote with Mrs. Kirby dissenting. After a 5 minute recess, the meeting reconvened at 10:00 p.m. Mrs. Kirby was not present. RESULTS OF JANUARY BUDGET REVIEW Mr. Johnson advised the Council that one Item was omitted from the Review as discussed at the last Council meeting. That Item was the Recreation Director's request for the transfer of $3,000 from the amount budgeted for the purchase of a bus to be used for the purchase of an air conditioner for the south locker room of the field house. Mrs. Stofik made a motion to transfer $3,000 for the purchase of the air conditioner. Dr. Butler second the motion and it passed unanimously. DISCUSSION OF CODE ENFORCEMENT ON SUNDAY - MAYOR SPERO CANTON Mayor Canton expressed concern about code enforcement on weekends and weekdays. He particularily identified real estate and "Open House" sign abuses and cars for sale along Biscayne Blvd. His general observation Is that code enforcement needs more direction. He recommended Implementing some time frames, length of time for permit and compliance with violation, and what maintenance of homes Is expected. He requested the Village Manager prepare recommendations or prepare with the assistance either from the Code Enforcement Board or Planning and Zoning Board. Mrs. Stofik commented that during budget workshops, the Village Manager stated he would look Into enhancing the effectiveness of the Code Enforcement Department. She indicated that simi1lar to establishing policies as Leonard Carson, Labor Attorney, had done for the management of the Club that such expectations and time frames, within the boundaries of state law, could be done by the Manager for Code Enforcement. Mr. Johnson suggested the Code Enforcement Board provide recommendations and stated the Village may not be able to afford additional manpower. He stated if the Council would provide specific areas of concern to address, he would prepare a plan and recommendations. He further stated the progress with the computer program should expedite processes. Mayor Canton requested recommendations to strengthen code enforcement from the Code Enforcement Board be presented at the March 15th Council meeting. Mr. Johnson stated he would report back to the Council at that time on the status of manpower. Mrs. Stofik requested the Manager present a plan of action within 30 days which will Increase the effectiveness of the Code Enforcement Program. She defined effectiveness as reducing the number of properties that are not now in compliance. Mr. Loffredo requested the Manager at the same time submit the cost of 2 additional part time employees for spot usage, 20 hours a week each, and the cost of 2 additional full time code enforcement officers. William Schroeder, Code Enforcement Board member, recommended the Council appoint one of Its members to attend the Board's next meeting to express the Council's concerns. He also recommended the Manager provide the Board with some specific Ideas from his experience. Mrs. Stofik was selected by the Council to attend the next meeting. Mr. Fann commented that Board members should not approach residents on their property regarding violations but should work through the Code Enforcement Officer. DISCUSSION OF NUISANCE BOARD Dr. Butler stated a nuslance ordinance could be adopted for enforcement by the current Code Enforcement Board without establishing a separate board. Mr. Fann indicated the present code defining nuslance is not clear and he would draft another for approval. There was much discussion regarding abuse of compliance time to rectify violations and pursuing violators through the Code Enforcement Board and the Circuit Court. Mr. Fann emphasized the need for manpower that would be required to pursue repeated violators through the Circuit Court. Dr. Butler made a motion to have the Village Attorney construct a nuisance ordinance and bring it back to Council within a reasonable period of time. Mr. Loffredo second the motion and it passed unanimously. VILLAGE MANAGER'S REPORT Mr. Johnson began his report addressing the traffic redesigning at the Country Club. He recommended that the two entrance/exits at the front and the entrance/exit at the N.E. 100th Street and 10th Avenue remain as they are. The area at the south end of the parking lot at 99th Street is recommended for completion with gates which can be used for special events and the guard house is recommended for removal. If the Council approves, he will proceed with these recommendations. If not, he will schedule a hearing for March 1. Dr. Butler recommended widening the two front entrances. Due to the expense of widening the entrances, Mr. Johnson recommended making the front north entrance an entrance and the front south entrance an exit. Dr. Butler Identified the safety problem of getting to the south parking lot In this plan. Mrs. Stofik stated as there was agreement there was no need to have a public hearing. Mr. Loffredo requested a price quote on the widening of the front entrance. Dr. Butler recommended continuing the plans for the south end of the parking lot and progressing with the landscape protect. Virginia Johnson, 874 N.E. 99th Street, expressed concern about the opening of the 99th Street for special occasions. She requested a definition of special occasions. Mayor Canton and Dr. Butler advised that this exit was used prior to the trial period as an exit for special occasions and would be used In the future In the same way. COUNTRY CLUB FINANCIAL REPORT The net loss month to date Is $36,609 compared to $66 last year. COUNTRY CLUB MEMBERSHIP REPORT Membership is up from 1,282 last year to 1,414 this year. Mrs. Stofik expressed concerned about the renewal rate. INVESTMENT REPORT The weighted average rate of return as of 1/31/88 is 7.03%. ANNOUNCEMENTS As noted on the agenda. PUBLIC COMMENTS Mr. Loffredo requested an Item be placed at the begin- ning of the agenda for the next Council meeting. That Item being a resolution on the School Bond Issue. After a meeting with the School Board the next day, he may make a resolution to vote against this Issue. Mr. Johnson advised that Mrs. Kirby was Interested in scheduling an Informational meeting to discuss this Issue and other Issues on the ballot. Wednesday, March 2, was agreed as a convenient meeting date. Mayor Canton complimented those who worked on the recent golf tournament. The meeting adjourned at 11:15 p.m. ATTEST: Elly F. Johnson Village Manager BY: X‘ziet_ Aria Clayton Deputy Village Clerk