02-05-1990 Special Meeting MIAMI SHORES VILLAGE
SPECIAL COUNCIL MEETING
FEBRUARY 5, 1990
The special meeting of the Miami Shores Village Council
was held on Monday, February 5, 1990, at Village Hall
commencing at 7:40 pm. with the following members present :
Mayor Courtney
Herb Spahn
Spero Canton
Stephen Loffredo
Marty Stofik
Also present : Gail Macdonald
William F. Fann
ITEM *1 DISCUSSION AND POSSIBLE ACTION REGARDING AUTHORIZATION
TO REQUEST THE CONSULTING FIRM OF PANNELL, KERR AND FORSTER
(PKF) TO REVIEW PROPOSED COUNTRY CLUB LEASE AGREEMENT
Mayor Courtney explained the request to employ PKF . He said
the $2,500 would be well spent . Mayor Courtney also said that
PKF would analyze the lease agreement and tell the Council If
there are any pitfalls that the Council may not be aware of .
Mr . Loffredo stated that the agenda Item may be out of order
and the Council may want to defer the Item to see where the
discussion of the lease goes at tonight 's meeting. Ms. Stofik
stated that PKF would be operating in a vacuum and It will be
dust one more group looking over the contract . Mr . Canton
agreed with Ms. Stofik and stated that if an accounting firm
were to be consulted It should be our current firm of Touche
Ross. Mr . Spahn suggested holding off until after further
discussion .
ITEM *2 REQUEST FOR AUTHORIZATION TO APPROPRIATE FUNDS TO
ADDRESS HAZARDOUS WASTE ISSUE . Ms. Macdonald explained the
background. She suggested appropriating $5543 from the Country
Club contingency fund to remove the underground tank at the
Golf Course maintenance area. Mr . Loffredo asked If storage of
gas In above ground tanks is ok . Mr . Hart replied that It
would be no problem. Mr . Loffredo moved to permit the
authorization and appropriate the funds. Ms. Stofik seconded
the motion and the vote was unanimous in favor .
ITEM #3 DISCUSSION AND POSSIBLE ACTION REGARDING COUNTRY CLUB
COMPREHENSIVE PLAN. Ms. Macdonald explained the Item. Mayor
Courtney commended everyone who worked on the plan . Ms. Stofik
explained the background of the Comprehensive Pian . She said
that the biggest problem with turnover of the managers Is the
lack of continuity. Ms. Stofik spoke about non-resident social
members having access to golf or tennis facilities. Mr . Hart
stated that he views the new policy as an economic advantage.
Ms. Stofik stated that the Council needs a Comprehensive Pian
whether the Club Is leased or not . She also said that she
would like the Plan to reflect the membership policy as It has
been in the past . Mr . Canton suggested not being specific
about the number of tennis courts in the Plan. Mr . Canton
asked for a consensus to list a minimum of 6 clay and 3 hard
courts. Mr . Loffredo suggested leaving it the way it is. Ms.
Stofik, Mr . Canton, Mayor Courtney and Mr . Spahn were in favor .
Mr . Loffredo was opposed . Ms. Stofik asked about night golf .
Mr . Hart explained what night golf is. Mayor Courtney asked why
menus were Included in the Plan . Ms. Stoflk replied that
guaranteed priced menus are Important in order to Insure that
all groups get the same price for catering. Mayor Courtney
stated that the Comprehensive Plan will be Incorporated Into
the Country Club lease. Mr . Spahn moved for adoption . Mr .
Canton seconded the motion. Ms. Stofik stated that there
should be an attachment about the capital Improvement plan.
Mr . Loffredo stated that capital Improvement plans should not
be In a comprehensive plan . He also stated that If the Council
adopts this Comp. Plan that the Council shall stay with it
through the length of the lease unless an emergency occurs.
The vote was unanimous In favor .
ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING COUNTRY CLUB
LEASE . Ms. Macdonald asked that 2 Issues be discussed first :
The letter of credit and the term of the lease. Mr . Spahn
reviewed the current language about the letter of credit in the
draft lease agreement . Mayor Courtney stated that he is In
favor of the lease if Professional Course Management (PCM) Is
willing to put up a $500,000 letter of credit, period. He said
that for the protection of the Village a $500,000 letter of
credit is very Important . Mr . Spahn suggested that PCM be
required to escrow annual membership dues collected in advance
by PCM. Mr . Tom Ireland spoke about the Investment that his
group is making in the agreement . He also stated that it may
take up to 7 years to realize a profit for their time and
Investment and that is why he Is not willing to put up a
$500,000 letter of credit . Mr . Ireland spoke about putting
$300,000 In capital Improvements Into the Club.
Mayor Courtney called for a recess at 8:55 pm.
The meeting was reconvened at 9:08 pm.
Ms. Stofik stated that she likes the Idea of escrow of the
dues. Mr . Loffredo stated that the property is worth at least
10 million dollars. He said that Mr . Tallent stated that a
letter of credit was essential and he agrees with the Mayor
that a letter of credit is necessary. Mr . Loffredo stated that
It was not responsible if the Council does not get a letter of
credit . He stated that If the Council has to make changes In
other areas to get the letter of credit that It would be fine
with him. Mr . Canton stated that the contract is a series of
compromises and the Council should look at the subject of the
letter of credit In the same way. Ms. Stofik stated that the
Idea of the letter of credit is to protect the Village If
something goes wrong . She agrees with Mr . Spahn that escrow of
the dues would accomplish that protection . Mr . Loffredo stated
that it was his Impression that the lease is not assignable.
Ms. Macdonald stated that the lease will not be assignable
without the Village Council 's consent . Mr . Johnnie LaPonzina
stated that the Intent of PCM is to operate the facility. He
said that capital Improvements are very Important In order to
attract quality people and Improve the business. Mayor
Courtney reviewed how the Council felt about a letter of
credit : Mayor Courtney and Mr . Loffredo in favor of a $500,000
letter of credit, Mr . Spahn, Mr . Canton and Ms. Stofik In
favor of escrow of dues with current language referring to a
$450,000 letter of credit .
TERM OF THE LEASE
Mayor Courtney stated that the lease currently is 10 years with
three 5 year options. He said he was in favor of a 10 year
lease with a 5 year option If Jointly agreed upon by PCM and
the Council . Mr . Canton stated that he understands from a
business point of view why PCM Is looking for longer lease.
He said it should be spelled out in the lease why the Village
would pull out of the lease. He said he can agree with three 5
year options. Mr . Fann stated that if PCM does not perform
then they don 't have an option. Mr . Spahn stated that If PCM
does a reasonably good Job no future Council would want to
change the situation. He said it should remain 10 years with
three 5 year options. Mr . Loffredo stated that the Club is
the most valuable asset in the Village and to tie It up for 25
years is wrong. He suggested a shorter term with less
obligation on either side. Mr . Ireland stated that the Country
Club of Miami Is leased for 40 years. He said that originally
PCM wanted a 40 year lease and negotiated down to 25 years. He
said that it was not fair If down the road a new Council takes
the facility away if PCM Is making money. Ms. Stofik stated
that a 10 year lease with three 5 year options is ok with her .
She said that she Is looking for someone with a long term
commitment . Mr . Rice stated that the Council Is losing the
ability to control a facility that attracts new residents. He
suggested that options should not be at the same terms as the
base contract . Mayor Courtney agreed with Mr . Rice that
options should be done with renegotiation of the lease. Mr .
Ireland stated that with the percentage rent, the rent will go
up as the business gets more profitable later . Mr . Spahn
stated that with the current lease agreement the Village has a
chance of a positive cash flow Instead of a current cash out
flow. Mr . Al Quinton suggested that the PKF study discussed in
Item *1 be Implemented. Mr . LaPonzina stated that It would not
be fair because PKF was not part of the negotiating process.
ITEM *5 ADJOURNMENT
The meeting was adjourned at 10:25 pm.
Hen T. Cou ney
Ma or
Attest : Gail Macdonald
Village Clerk
B y.
Scott W. Davis
Deputy Village Clerk