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02-18-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 18, 1992 The regular meeting of the Miami Shores Village Council was held on Tuesday, February 18, 1992, at the Miami Shores Village Hall commencing at 7:33 p.m. with the following members present: Mayor Johnson Henry T. Courtney Herb Spahn Stephen Loffredo Robert Cook Also present: Tom Benton William F. Fann Absent: Gall Macdonald The Deputy Village Clerk Presented yearly salary checks of one dollar each to Council members. ITEM *1 MINUTES Mr. Cook moved to defer approval of the minutes from the Regular Council Meeting of 2/4/92 until after Item * 8 on the agenda and also within the motion that the Council reopen approval of the minutes at that time. There was no second for the motion and It was withdrawn by Mr. Cook. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Board 1/13/912 Historic Preservation Board 2/10/92 Code Enforcement Board 2/6/92 ITEM *2 APPOINTMENTS TO THE ADVISORY BOARD ON HANDICAPPED SERVICES. Mr. Benton advised the Council that Ms. Lauraine Dunn- Giispin could not be present at the meeting; however, she was very Interested in the appointment. Mr. Perry spoke on his own behalf. Mr. Spahn moved to appoint Mr. Perry to the Advisory Board on HandicappedServices. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *3 AWARD OF BID FOR POOL REMARCITING. Mr. Benton reviewed the background stating that Smith Sandblasting did not have the proper licensure to proceed with the pool project. He stated that staff recommends that the Council re -award the bid to Dixie Blue Pools In the amount of $21,720 and that the Village Council authorize the appropriation of $3,220 from the pool contingency fund in the capital Improvement fund. Mr. Spahn asked If funds will be available to get the pool in shape by the end of the year. Mr. Varney replied yes. Mr. Courtney stated that he was concerned with HJ Ross not knowing current rates on repairs. Mr. Varney stated that some projects came in under the estimate and some came in over. He said that Mr. Doug Wood, from HJ Ross, Is looking Into the problem. Mr. Varney reviewed the current pool projects underway. Mr. Courtney praised the work of Dixie Blue Pools. Mr. Courtney moved to accept Mr. Varney's proposal to award the bid to Dixie Blue Pools in the amount of $21,720 and that the Village authorize the appropriation of $3,220 from the pool contingency fund in the capital Improvement fund. Mr. Loffredo seconded the motion. Mr. Cook stated that the Village is 3.5% over budget at this time on the pool project. The Vote was unanimous In favor. ITEM *4 REQUEST FOR COUNCIL SUPPORT FOR HB 511 AND SB 776 REGARDING OPTIONAL TAX RELIEF FOR OWNERS OF HISTORIC SITES FOR THE PURPOSE OF RENOVATION. Mayor Johnson stated that he will have to abstain from voting due to his house being an historic site. Mr. Warren von Bittner, representing the Historic Preservation Board, explained the request and reviewed the background. He discussed the type of properties that would qualify and the qualifying Improvements that could be made to an historic site. Mr. Hank Gaggstatter discussed what's required to qualify for Miami Shores Village Historic Designation. He stated that the main qualification Is that a property must be at least 50 years old. Mr. Cook stated that he was concerned with pulling homes off the tax rolls at a time when the Village needs the revenue. Mr. Spahn stated that the proposed legislation will entice people to Improve nationally designated sites. Mayor Johnson outlined the requirements to improve historic properties. Mr. Courtney moved to support the Joint resolution of the Florida Senate and the Florida House In supporting a constitutional amendment to the Constitution of the State of Florida for optional tax relief for owners of historic sites for the purpose of renovation. Mr. Spahn seconded the motion and the vote was unanimous In favor with Mayor Johnson abstaining. ITEM *5 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE MIAMI SHORES VILLAGE PENSION; AMENDING SECTION 18-40, MIAMI SHORES VILLAGE CODE TO AUTHORIZE THE PENSION BOARD TO INVEST THE ASSETS OF THE PENSION FUND IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE BOARD. First reading, Mayor Johnson read the caption of the ordinance and Mr. Benton reviewed the background. He stated that staff recommends approval of the ordinance on first reading. Mr. Dave Newman, Vice President of Merrill Lynch, In response from a question posed by Mr. Spahn, explained how the plan would operate. Mr. Loffredo asked what Is the portfolio of the pension plan. Mayor stated that real estate Is approximately 14%. Ms. Varney outlined the other investments that the Pension Fund has. Mayor Johnson stated that the proposed ordinance would provide flexibility to move more Into equities or not depending on the market. Mr. Fann stated that the purpose of the ordinance is to free the managers from the restrictive provisions of the Statute; however, he said they are still faced with the Investment policy of the Pension Board. Mr. Loffredo stated that the ordinance would be removing a safeguard which was put In place for a good reason. Mr. Newman stated that the Investment policy is monitored monthly. Mayor Johnson stated that the ordinance is wholeheartedly supported by the Pension Board. Mr. Spahn stated that flexibility Is Important in today's market. Mr. Fann stated that the State Statute is a default plan if the municipality has no ordinance guiding their plan. Mr. Courtney moved to adopt the ordinance as written. Mr. Spahn seconded the motion and the vote was as follows: Courtney - Yes Spahn - Yes Johnson - Yes Cook - Yes Loffredo - No The motion carried. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING ENGAGEMENT OF LEGAL COUNSEL FOR TRAVELERS LITIGATION. Mr. Benton reviewed the background stating that the Village has received a letter from Kubickl, Draper advising that they will take on the case on a contingency fee basis. He stated that the Village Manager recommends that the Council approve the Item. Mr. Courtney stated that it Is Important that the Village retain someone who knows the Issue and this firm does know the Issue. He explained the process Involved in dealing with Travelers. Mr. Spahn moved to accept the Village Manager's recommendation to allow Kubicki, Draper, Gallagher, McGrane to continue the pursuit of the litigation against Travelers insurance on a contingency fee basis. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *7 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA STRONGLY OPPOSING THE PROPOSED CONGRESSIONAL DISTRICTS. Mr. Benton explained the background and reviewed the exact locations of the boundaries. Mr. Courtney stated that It is Just terrible the way they are doing this to Miami Shores. He stated that he Is In favor of the Village going on record opposing dividing Miami Shores'' In any way. Mr. Loffredo stated that It was a disgrace and that the boundary changes are proposed for political purposes. Mayor Johnson stated that It Is incredibly preposterous and appalling. He stated that the resolution Is not strong enough. Mr. Courtney asked that the Village Manager contact other cities that are being divided up and have residents send letters to their legislators. Mr. Courtney moved to adopt the resolution strongly opposing the proposed congressional district. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *8 REQUEST TO APPROPRIATE FUNDS FOR PLANNING AND ZONING BOARD REZONING PUBLIC HEARINGS. Mr. Cook reviewed the background. Mayor Johnson reviewed the costs for public hearings. He suggested using the funds that were budgeted for legal fees for litigation with travelers now that Kubicki Is performing the work on a contingency fee basis. Mr. Loffredo stated that he Is In favor of transferring funds to proceed with P&Z protects. Mr. Spahn reviewed Ms. Macdonald's memo to Council and stated that he was not In favor of transferring funds. Mr. Loffredo stated that the protect Is an Investment In the community. Mr. Benton reviewed the Village Manager's recommendations to wait until the Fall of 1992. Ms. Varney reviewed figures from the January Budget Execution Review in response to questions from Mr. Cook. Mr. Cook stated that timeliness was not an issue for the code booklets at a budgeted cost of $3,000. Mr. Spahn suggested putting the Issue on the next agenda so Ms. Macdonald can fund the protects properly. Mr. Loffredo stated that the Council can appropriate the funds at this meeting. Mr. Fernandez stated that there Is no State mandate; however, there is urgency in bringing maps up to date with the Comprehensive Plan. Mr. Cook moved to appropriate the funds for Planning and Zoning Board for the rezoning public hearing. He recommended that $3,000 comes from the code booklets. Mr. Loffredo seconded the motion and the vote was as follows: Loffredo - Yes Johnson - Yes Cook - Yes Courtney No Spahn - No The motion carried. Mayor Johnson discussed having a flyer in the Miami Herald rather than an ad. Mr. Fann stated that he would check out the legal aspects of the idea. ITEM *1 MINUTES Mr. Loffredo moved to approve the minutes from the Regular Council Meeting of 2/4/92. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *9 DISCUSSION AND POSSIBLE ACTION REGARDING APPOINTING REPRESENTATIVES TO ATTEND BARRY UNIVERSITY STUDENT COUNCIL MEETINGS. Mr. Benton reviewed the background. The following Is the schedule approved by Council: Thursday 2/27/92 Mr. Cook Thursday 3,19/92 Mr. Loffredo Thursday 4/9/92 Mr. Courtney Thursday 4/30/92 Mayor Johnson ITEM *10 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *11 COUNCIL COMMENTS Mr. Courtney spoke about the Shores Theater building being painted. Mr. Loffredo spoke about the theater having hardware needs and the Village should get Involved. He also spoke about Elm trees. Mayor Johnson thanked Ms. Casey Ward for a Valentine she sent him. ITEM *12 PUBLIC COMMENTS Mr. Harrigan asked about the rent from the Country Club. Mr. Spahn responded that PCM gives the Village $12,500 the first of every month plus an additional check for the driving range reimbursment. ITEM *13 ADJOURNMENT The meeting was adjourned at 9:31 p.m. Steven Jhns Mayor Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME -FIRST NAME -MIDDLE NAME e" 'Anse n f, -r veh C �i n LULING ADDRESS iv E 95— 57",•e IT -'--)1r,-, 44 r S4oee5 COUNTY IDATE ON WHICH VOOCCURRED Zile 92 THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON I WHICH 1 SERVE IS A UNIT OF: CITY 0 COUNTY 0 OTHER LOCAL AGENCY O STATE BOARD. COUNCIL, COMMISSION, AUTHORITY. OR COMMITTEE /fl i'aM I. 540 reS V/�//,C Ca-Nnci NAME OF POLITICAL SUBDIVISION OR STATE AGENCY /121'QmI 5%, es Vi"//yj'e WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an r'ficial capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. Fil-bfaer I, the undersigned local public officer, hereby disclose that on (a) I abstained from voting on a matter which (check one): / rN ori f Aare. y inured to my special private gain; or , 19 : inured to the special gain of , by whom I am retained. CE FORM 4- REV. 1044 PAGE 1 (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: kesolwl-i cqfice S4!f/OV/ i r•� Y o► whsrS d 4 islori c - My w(7'` qnd Z own Suc1 2o�92- ffouse erne ,41/S r7Gi'✓ofi y o/O/iiofa/ tow. `'e e s/fes dor Me pcipose o, removal -1'0n O( M( �? i S j'�d f i`G ,4 me W4 %ci .GOcr/o e ct u //Cr 1 Date Filed Signature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom 1 am retainIed. (b) The measure on which 1 voted and the nature of my interest in the measure is as follows: f Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES.I 12.317(1983), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. CE FORM 4 - REV. 1044 PAGE 2