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12-05-1989 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING TUESDAY, DECEMBER 5, 1989 The Regular Meeting of the Miami Shores Village Council was held on Tuesday, December 5, 1989 at Village Hall commencing at 7:34 pm. with the following members present: Mayor Courtney Herb Spahn Spero Canton Stephen Loffredo Marty Stofik Also present: Gall Macdonald William F. Fann Mayor Courtney led the pledge of allegiance. ITEM *1 MINUTES Ms. Stofik moved approval of the minutes from the Regular Council Meeting of 11/7/89. Mr. Canton seconded the motion and the vote was unanimous In favor. Ms. Stofik moved approval of the minutes from the Sewer Workshop of 11/14/89 and the Regular Council Meeting of 11/21/89. Mr. Spahn seconded the motion and the vote was unanimous in favor. Mayor Courtney acknowledged receipt of the following minutes: Pension Board Meeting 8/15/89 Mayor's Task Force on the Country Club 11/2/89 Beautification Advisory Committee 11/8/89 Recreation Advisory Committee 11/13/89 Historic Preservation Board 11/20/89 Advisory Board on Handicapped Services 11/21/89 Business Development Committee 9/26, 10/10, 10/24 11/14, 11/28 Ms. Stofik asked If the report from the Business Development Committee can be turned in to the Council In January. Mayor Courtney replied yes. ITEM *2 PRESENTATION TO COUNCIL REGARDING HORACE MANN. Mr. Larry Marfechuk , Assistant Principal for the Community School at Horace Mann, explained what the Community School Is all about. He said it Involves classes for youth and adults before and after the regular school day. He said the school was established to meet the needs of the community. ITEM *3 PRESENTATION OF PETITION TO CHANGE VILLAGE NEWSLETTER. Ms. Ann Vigneron presented a petition to the Council regarding the Village Hall Newsletter. ITEM *4 APPOINTMENT TO THE FINE ARTS COMMISSION. Ms. Macdonald explained that this Item has been deferred twice before. Mr. Loffredo moved to appoint Mr. Prospero Herrera to the full term vacancy which expires in September 1992 and appoint Mr. Timothy Stout to the partial term vacancy which expires In September 1990. Mr. Canton seconded the motion and the vote was unanimous In favor. ITEM *5 CONSIDERATION OF LEASING COUNTRY CLUB AND REQUEST FOR AUTHORIZATION FOR VILLAGE MANAGER AND VILLAGE ATTORNEY TO NEGOTIATE COUNTRY CLUB LEASE AGREEMENT FOR FINAL APPROVAL BY VILLAGE COUNCIL. Ms. Macdonald explained the background and stated that the Issues were discussed last night at the Council Workshop. She reviewed her goals for the protect and stated that the Task Force's recommendation Is to lease the Club. Ms. Macdonald reviewed some of the concerns that were brought up at the Workshop and how they are being dealt with. Mr. Loffredo stated that he was dismayed that the concerns that were discussed at the Workshop are going to be Ignored. He spoke about the membership rebate that the management firm will receive from the Village. Mr. Spahn reviewed the problems that have occurred at the Country Club. He spoke about protecting the Village and leasing the Club to the existing management firm. Mr. Loffredo spoke about the lack of financial security Involved with the current management firm. Mayor Courtney stated that he feels that If the Council does not enter Into a lease agreement with a management firm that the Council will be criticized. He spoke about the employees at the Club and how their situation relates to employees at other establishments. He recommended that the Council not delay In leasing the Club. Mayor Courtney stated that the agreement should Include a $500,000 letter of credit, that the adjacent 4.7 acres be used for golf activities and the length of the contract be for 10 years with a 5 year option. He said that PCM should be the firm that the Village contracts with but that the Council should back out of the negotiations, if the management firm does not meet the terms that the Village desires. Mr. Spahn moved to Instruct the Village Manager and the Village Attorney to proceed with a lease arrangement. Mr. Canton seconded the motion. Ms. Stofik stated that the Council cannot run the Village like a business because of politics. She said she wants the Club to be run as a community based Country Club. She said many of the details can be Ironed out during contract negotiations. Ms. Stofik stated PCM Is the firm she would like to negotiate with but she would not like to tle the hands of the hands of the negotiators. Mr. Canton stated the Club has lost money every year and the Council cannot run the Country Club like a business. He said the Council Is there to make broad policy decisions. There is no other alternative other than leasing the Club and it would be In the best Interest of the Village to do so, Mr. Canton said. Mr. Loffredo stated that leasing the Club would be a serious error In Judgement on the part of the Council. Mayor Courtney reviewed how the lease will benefit the Village financially. Ms. Stofik stated that there will be changes at the Club and hopefully the changes will be for the better. Mr. Loffredo asked If the motion Includes that the employees will be immediately terminated. Ms. Macdonald stated that It does but that the employees will not be terminated until the lease Is signed. She said that she Is required by the union to give the employees 30 days notice and it will be explained to the employees that they are no longer going to work for the Village rather they will be working for the new firm. Mr. Spahn stated that the employees should be Informed after the first of the year. Ms. Macdonald spoke about the employee assistance program and how they will help deal with the employees. Mr. Loffredo stated that it will weaken the Village's position if the employees are notified before a contract Is negotiated. The vote for the motion on the floor was as follows: Stofik, Canton, Courtney, Spahn - Yes, Loffredo - No. Mr. Spahn moved that the Council Instruct the Village Manager and the Village Attorney to begin lease negotiations with PCM and that Ms. Macdonald personally contact each Council person In the course of the negotiation to make sure that all their fears and concerns are covered to the best of her ability and secondly that a letter of credit or a bonding of the management firm Is Included In the lease. Ms. Stofik seconded the motion and suggested that the Club Advisory Board and Club members contact the Council If they have concerns. Mr. Canton stated he believes that present management has a commitment to the Club. He suggested using a contract attorney to help draft the contract. Mr. Fann asked for a clarification of his standing In the situation. He stated leases are his business. Mr. Canton withdrew his suggestion. Mr. Spahn asked, after the contract is finished would Mr. Fann have a problem If the contract Is reviewed by other lawyers. Mr. Fann replied there would be no problem. The vote was as follows: Stofik, Canton, Courtney, Spahn - Yes, Loffredo - No. Ms. Stofik suggested that the Village Manager continue work on the Country Club Comprehensive Plan. Mr. Loffredo stated that the Council Is naive If they think that a comprehensive plan can be enforced In a contract. Mr. Dick Thornton, Chairman of the Country Club Advisory Board, commended the Council for passing the above motions relating to the Club. He said that he is confident that PCM will enforce the Council's policy. Mr. Canton stated that the Comprehensive Plan would be a rider on the contract and negotiated with the contract. Mr. Ed Cole commended the Council for their decision. He spoke about marketing of the Club. He suggested an Ad Hoc committee to review the final contract. Mayor Courtney called for a recess at 9:21 pm. The meeting was reconvened at 9:31 pm. ITEM *11 DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTMENT TO BLUE RIBBON SCHOOL COMMITTEE. Mr. Canton stated that he would like to start a Blue Ribbon Committee with parents and principals. He suggested the following members: Pam Michaels Linda Comcowich Barbara Hampton Mary Weston Julie Brady Michael Zorvich Barbara Quinaz Emmy Peteneili Mr. Canton asked that at the December 19th meeting the above names be approved as the makeup of the committee. Mayor Courtney asked what is the goal of the proposed committee. Mr. Canton replied that the goals are to identify what the problems in public education are and what would it take to bring the majority of the people who go to school In Miami Shores back to public schools and also to address concerns that the parents may have with the public school situation. Mr. Craig Sturgeon, Principal of Edison High School, stated that the main mission Is to work with the Council to get more parents Into the feeder pattern for the local public schools. He also suggested that each school pick one person from their facullty to be on the committee. Mayor Courtney suggested that Mr. Canton come back to the Council with the goals, membership and time frame of the committee. ITEM *6 REQUEST FOR AUTHORIZATION FOR VILLAGE MANAGER TO REQUEST DERM TO COMMENCE DOWNTOWN SANITARY SEWER IMPROVEMENT PROJECT AND TO SEND DOWNTOWN ZONING ISSUE TO THE P&Z BOARD FOR POSSIBLE AMENDMENT OF THE COMPREHENSIVE PLAN. Ms. Macdonald explained the background of the Item. She said that Mr. Fann has advised her that DERM will determine the actual cost of the protect with a letter of Intent. She also suggested sending the Issue to the P&Z Board. Ms. Stofik stated that changes in zoning could affect the usage of the system. Ms. Macdonald stated that the minimum installation will accommodate triple the current proposed usage. Mr. Canton stated that this Is not a P&Z Issue rather a County Issue. He asked what will P&Z look at. Ms. Macdonald stated that P&Z will respond to the requests of the property owners and possibly new Issues. Mr. Spahn stated that P&Z should look at the master plan and also that the parking Issue needs to be addressed. Mr. Spahn moved to authorize the Village Manager to request DERM to commence the Downtown Sanitary Sewer Improvement Protect while simultaneously sending the Issue of zoning enhancements In the downtown area to the P&Z Board for their consideration In conjunction with any possible amendments that may be required to the Comprehensive Plan. Ms. Stofik seconded the motion. Mr. Jim Condit questioned sending the protect to DERM. Mr. Spahn replied that it was only for an update on construction costs. Mr. Everett: Protect Is without a purpose. Mr. Edgar Bundy: Spoke about blue prints and specific location of the sewer lines. Mr. Ed Harrigan: Asked for a commitment from P&Z for a public hearing before the project Is committed to with DERM. Mayor Courtney stated that P&Z will go through their normal review process. Mr. Arthur Taylor: Council must listen to the business owners. Mr. George Frix: Business owners are not Interested In the sewer Issue. He asked that a letter from the business owners be sent to DERM along with the letter of Intent. Mayor Courtney stated that if the business owners want to send a letter to DERM they should do it on their own. The vote for the motion on the floor was unanimous in favor. Mr. Spahn asked for a consensus that the Council will waft for P&Z's report before a resolution is sent to DERM asking them to proceed. Mayor - In favor Stofik - In favor Spahn - In favor Canton - In favor Mr. Spahn moved that the Council does not take any further action when the Council gets the construction costs until the Council has a formal answer from P&Z. Ms. Stofik seconded the motion. Mr. Loffredo stated that when the Council starts to talk about high rises the Council is talking about loss of control. The vote was unanimous in favor. ITEM *7 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF MIAMI SHORES PROPOSING AN AMENDMENT TO THE METROPOLITAN DADE COUNTY HOME RULE CHARTER AMENDING SECTION 1.01. POWERS. A. 18. (a) SETTING FORTH THE METHOD OF TURNING A MUNICIPAL SERVICE OVER TO THE COUNTY BY A MUNICIPALITY, AND AMENDING SECTION 8.07. AMENDMENTS, A. AND C. LIMITING AMENDMENTS TO THE CHARTER BY RESOLUTION OF THE VILLAGE COUNCIL AS PROPOSED IN THE ABOVE CITED 1.01. POWERS. A. 18. (a). Ms. Macdonald read the caption of the resolution. Mr. Canton stated the resolution Is a draft from the Dade League of Cities that will make annexation easier. Mayor Courtney stated that the resolution deals with municipal services and this resolution will make it harder for the County to take over city services. Mr. Canton moved approval and Mr. Spahn seconded the motion. Ms. Stofik stated that she was concerned with the section of the charter that the resolution addresses. Mr. Fann stated that If the governing body doesn't call for a referendum the citizens call for one in the event of major problems. Mr. Canton withdrew his motion and sent the resolution to the Village Attorney for review. ITEM *8 RESOLUTION OF MIAMI SHORES VILLAGE, FLORIDA URGING CHAIRMAN OF THE UNITED STATES HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON WATER, POWER, AND OFFSHORE ENERGY RESOURCES TO SUPPORT PERMANENT BAN ON OFFSHORE OIL LEASING AND DRILLING SOUTH OF 26 DEGREES NORTH LATITUDE FOR THE PURPOSE OF PROTECTING SOUTH FLORIDA, THE FLORIDA KEYS AND EVERGLADES. Ms. Macdonald read the caption of the resolution. Mr. Loffredo moved adoption of the resolution. Ms. Stofik seconded the motion and the vote was unanimous In favor. ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTING MR. CANTON TO THE FLORIDA LEAGUE OF CITIES FINANCE AND TAX COMMITTEE. Mr. Canton explained the background behind the Item. Mr. Spahn moved approval. Ms. Stoflk seconded the motion and the vote was unanimous in favor. ITEM *10 REQUEST FOR APPROVAL TO APPROPRIATE $15,660 TO MIAMI SHORES PERFORMING ARTS THEATER. Mr. Canton moved approval. Mr. Spahn seconded the motion and asked for a break down of the funds. Ms. Macdonald stated that the Cultural Affairs Council approved $31,320 for the County and the Federal, $15,660 comes from Miami Shores Village and the remainder is supplied by the theater. Mr. Spahn asked what position Is the theatre In and asked If It Is on track. Mayor Courtney explained the present status of the theater. He said it is moving along quite well. Ms. Stofik suggested that the Council enter Into a grant agreement with the theater specifying how the tax dollars are spent and that reports are given to the Council concerning the matter. She offered an amendment to the motion that dispersal of the funds be contingent on the signing of a grant agreement to be drafted by the Village Manager and approved by the Council and executed by the appropriate authority of the Shores Performing Arts Theater. Mr. Canton accepted the amendment. Mr. Edgar Bundy spoke about the financing for the theater. The vote was unanimous In favor. ITEM *12 DISCUSSION AND POSSIBLE ACTION REGARDING THE TRAFFIC ON 4TH AVENUE. Ms. Stofik asked for stop signs for 4th Avenue. She spoke about barricades and that they will not solve the problem. She requested that steps be take to request the County to Install stop signs on 4th Avenue at: 91st 93rd 99th and 101st. She said the purpose Is to reduce speed of traffic on the street. Mr. Spahn suggested having the administration look Into the situation before the request Is sent to the County. Mr. Canton stated that he supports Ms. Stoflk's recommendations. Ms. Macdonald stated that she would have the staff look Into the matter. ITEM *13 COUNCIL COMMENTS There were no Council comments. ITEM *14 PUBLIC COMMENTS Ms. Peggy Rudolph spoke about the feeder schools and the Blue Ribbon Committee. Mr. Loffredo asked, due to the lateness of the hour can the balance of the agenda be dispensed with. Mayor Courtney replied yes and the meeting was adjourned at 11:•9 ;`m. Attest: Gall Macdonald VI ige Clerk By: Scott W. Davis Deputy Vilaige Clerk Cou tney Mayor