03-03-1992 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
MARCH 3, 1992
The regular meeting of the Miami Shores Village Council
was held on March 3, 1992, at the Miami Shores Village Hall
commencing at 7:31 p.m. with the following members present:
Mayor Johnson
Herb Spahn
Henry T. Courtney
Stephen Loffredo
Robert Cook
Also present: Galt Macdonald
William F. Fann
Mayor Johnson and Lela Jacobson presented Mobile Patrol awards.
Mayor Johnson presented the National Certificate For Excellence
In Financial Reporting to Village Finance Director, Patricia
Varney.
ITEM *1 MINUTES
Mr. Spahn moved approval of the minutes from the 2/18/92 Regular
Council meeting. Mr. Courtney seconded the motion and the vote
was unanimous In favor. Mr. Spahn moved approval of the minutes
from the Cable TV Public Hearing of 2/25/92. Mr. Courtney
seconded the motion and the vote was unanimous in favor. Mayor
Johnson acknowledged receipt of the minutes from the following
meetings:
Recreation Advisory Board 1/13/92
Planning and Zoning Board 1/23/92, 2/13/92
ITEM *2 PLANNING AND ZONING ITEMS:
a. Request for approval of variance to permit room
addition.
Mr. LuBien introduced the item and stated .that the home was built
before the Village was Incorporated and is non -conforming to the
Code. Mr. Cook moved to accept P&Z's recommendation for approval.
Mr. Spahn seconded the motion and the vote was unanimous in favor.
b. Request for approval of waiver of plat.
Mr. LuBien Introduced the item and stated that P&Z has approved
the application. Mr. Fann stated that the applicant is not
entitled to a waiver of plat until some conditions are met. He
stated that the request is premature. Mr. Spahn moved to table
the request for approval of the waiver of plat until conditions
are corrected. Mr. Courtney seconded the motion and the vote was
unanimous In favor. Mr. Fann stated that when the conditions are
corrected the waiver of plat will be automatic. He stated that If
it were not for the existing conditions at this time the applicant
would be entitled to the waiver.
c. Report from the Planning and Zoning Board on the
definition of gasoline station.
Mayor Johnson stated that In the report the definition Is not
changing; however, minor repair of automobiles is added to the
permitted uses. Mr. Fernandez suggested not changing the
definition of gas station but adding the new permitted use to the
B2 zone. Mr. Fann stated that this Issue will come back before
the Council and is on the agenda for reporting purposes only. The
consensus of the Council was to approve adding minor repair of
automobiles to the approved uses for the B2 zone.
ITEM *3 APPOINTMENT TO THE ADVISORY BOARD ON HANDICAPPED
SERVICES. Mayor Johnson advised the Council that this item has
been deferred due to the applicant being unable to attend the
meeting.
ITEM *4 PRESENTATION OF ANNUAL FINANCIAL REPORT. Ms. Macdonald
Introduced the Item and introduced Mr. Jerry Chiocca, Senior
Partner for Rachlin and Cohen, and Maria Perez, Audit Manager.
Mr. Chiocca stated that their firm has Issued a clean report on
the Comprehensive Annual Financial Report. He stated that there
were no irregularities or errors discovered by the auditors. He
also stated that the City Is in a pretty good financial position.
Discussion ensued regarding the Country Club Annual Financial
Report. Mayor Johnson asked that the Village Financial Report be
delivered to the Council by the last meeting In January next year.
The auditors stated that it would not be a problem. Mr. Loffredo
expressed his concern that the report for the Country Club Is not
as complete as it has been in the past. Mr. Spahn stated that PCM
only needs to report the figures that apply to the Village. Ms.
Macdonald stated that the Village will get a report in August
outlining what PCM spent in the prior year for capital outlay and
what their plans are for the future. Mr. Loffredo stated that he
would like to receive a capital report with the annual report.
Mayor Johnson stated that the Club report Is not an audit report.
He stated that he would prefer to see footnotes to the financial
report.
ITEM *5 REQUEST TO WAIVE BID PROCEDURES FOR THE PURCHASE OF
FIREWORKS FOR THE 4TH OF JULY CELEBRATION. Ms. Macdonald reviewed
the background stating that the Village has contracted with the
same firm for the past 8 years and have been very satisfied with
them. She recommended approval. Mr. Spahn moved approval. Mr.
Loffredo seconded the motion and the vote was unanimous in favor.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING FUTURE USAGE OF
5 ACRES NORTH OF THE COUNTRY CLUB. Ms. Macdonald reviewed the
background and asked Mr. Chuck Hart to make his presentation. Mr.
Hart, Managing Partner for PCM, spoke about a Junior Golf program
and the large number of students enrolled. He stated that his
proposal for the use of the land would handle 30 people at a time
and Is not just for students. He stated that the cost estimate Is
$50,000 - $70,000 due to the high cost of irrigation. Mr. Tom
Ireland, a partner with PCM, spoke about rumors regarding the
future of the Country Club. He assured the Council that there is
not one shred of truth in the rumors. He stated that PCM is
Interested In operating a golf course and making a profit. Mr.
Loffredo asked about the proposed chipping tee. Mr. Hart
described the proposal. Mr. Cook asked If PCM has any plans for
the remaining land. Mr. Hart replied overflow parking. Ms.
Macdonald outlined the cost proposal for a vitacourse. Mr. Tom
Laubenthal presented his plan for a vitacourse. He stated that
the proposed cost Is $189,832 and is an unmanned facility. Mr.
Spahn stated that PCM cannot use the land without the permission
from the Village and that the Village can take back the land at
any time. Mr. Courtney stated that he was concerned with the cost
of the plan. Mr. Laubenthal stated that he will contribute his
services as a landscape architect to continue the protect. Mr.
Loffredo suggested combining PCM's protect with the vitacourse and
build both facilities. Mayor Johnson stated that if DOT uses the
land as a staging area that development of the land would not be
for 3 years. Mr. Cook asked how estimates of costs could be
reduced. Mr. Laubenthal outlined where costs could be reduced.
Mr. Cook stated that Mr. Laubenthal's proposal Is the most cost
efficient use of the property at 87 cents per square foot. Mr.
Courtney stated that the combination plan Is a good Idea and that
Mr. Laubenthal's Idea would be an enhancement to the area. Mr.
Hart stated that he has no problem with a combination plan;
however, the Club has a great need for parking which must be
addressed. Mr. Courtney asked Mr. Laubenthal If he was agreeable
to working with a combination plan. Mr. Laubenthal replied yes;
however liability might be a problem.
Mr. Ed Harrigan: Spoke about the commercial aspect of
the Club.
Mr. Mike Boyle: Asked what the Club will be getting
from the Junior Golf Program.
Mr. Hart stated that the program is a very long term marketing
program.
Mr. Mike Maguire: Spoke about the positive aspects of
the Village.
Mr. John Cahill: Spoke about commercial use of the
land.
Ms. Jacqueline Scott: Spoke about her concern with outsiders
using the facility.
Ms. Jeannie Botticelli: Concerned with the number of children
using the facility.
Mr. Bob Blum: Asked how the Village can get the land
back from PCM.
Mr. Spahn stated that the Village can get the land back at any
time by giving PCM notice and reimbursing PCM for the depreciated
value of any Improvements on the land. Mayor Johnson reviewed the
language of the contract regarding reacquisition of the land. He
stated that the cost is the market value of the Improvements. Mr.
Cook stated that If the Village, at a later time wanted to
reacquire the land the Village would be paying back the cost of
the land Improvements which may appreciate not depreciate. Mr.
Fann stated that the cost would be market value less depreciation
of the Improvements. He stated that the cost of reacquisition
would start at the cost of the improvements and go down as time
goes on. He stated that a court would decide. Ms. Macdonald
spoke about the the likelihood of nonresidents using a vltacourse.
Ms. Margaret Burch:
Mr. Brian Smith:
Mr. Mark Sell:
Mr. Richard Fernandez:
Stated that the two plans combined Is
a good Idea.
Spoke about rumors and cautioned the
Council on expanding the commercial
use of the 5 acres.
Asked why there is such a big rush to
use the land.
Stated that the real Issue is the
control of the land. He suggested
that the Village should reclaim the
land then talk to PCM about using the
land.
Mr. Tom Laubenthal: Spoke about the number of residents
who are Involved In the Club.
Mr. Brian Gart: Spoke about dealing with PCM from a
position of strength. Asked about
PCM's plan for the rest of the land.
Mr. Hart stated that PCM has no other proposal for the use of the
property.
Mr. Craig Sangerman: Asked why the residents would want
PCM's proposal.
Mayor Johnson stated that he would like to applaud the efforts of
PCM to improve the Club. He spoke about rumors In the Village
and stated that a vitacourse is a less intrusive use of the land
and appeals to a greater number of residents. Mr. Cook stated
that he agrees with the Mayor. He stated that Mr. Laubenthal has
put forth the most acceptable idea. Mr. Courtney stated that he
also agrees with the Mayor and stated that the land should be
reclaimed as a park and not used as a golf course. Mr. Loffredo
stated that the Village should be entitled to the land as a first
step. He Moved .that the Village of Miami Shores exercise its
option under the lease with PCM to reclaim the 5.4 acres north of
the Country Club. Mr. Cook seconded the motion. Mr. Spahn asked
to see a plan with the vitacourse and golf facility combined
before any action is taken on reclaiming the land. The vote was
taken and was as followes:
Loffredo - Yes
Courtney - Yes
Mayor - Yes
Cook - Yes
Spahn - No
The motion carried.
Ms. Macdonald inquired about notifying PCM about the 180 day
requirement In the contract for reclamation of the land. Mr. Hart
stated that he waives the 180 day requirement. Mr. Loffredo moved
to undertake negotiations with DOT to see what their needs are
concerning a staging area for the building of the bridge and the
Biscayne Boulevard project. Mr. Courtney seconded the motion and
the vote was unanimous in favor.
Mayor Johnson called for a recess at 10:28 p.m.
The meeting was reconvened at 10:36 p.m.
ITEM *7 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. Second and Final Reading, Mayor Johnson
read the caption of the ordinance. Ms. Macdonald reviewed the
background and recommended approval. Mr. Courtney moved to accept
the final reading of the ordinance. Mr. Spahn seconded the motion
and the vote was unanimous in favor.
ITEM *8 REQUEST FOR AUTHORIZATION TO ENGAGE NEW TRUSTEES FOR
VILLAGE PENSION PLAN. Ms. Macdonald reviewed the background and
recommended that the Council authorize the Pension Board to engage
Barnett Bank as the new trustee for the pension plan. Mr. Cook
moved to accept the Pension Board's recommendation for
authorization to use Barnett Bank. Mr. Spahn seconded the motion
and the vote was unanimous in favor.
ITEM *9 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *10 COUNCIL COMMENTS
Mr. Spahn apologized to the Council with regard to his reaction to
the rumors going around the Village.
Mr. Cook spoke about attending the Student
University and the passing away of Dale Donley.
Mr. Courtney spoke about the tub chipper, air bags in the police
cars and the future of the theater.
Council at Barry
ITEM *11 PUBLIC COMMENTS
Mr. Mike Boyle: Spoke about the Country Club financial
statement and Mr. Loffredo looking for
more Information.
Mr. Jim Condit: Asked about the financial position of
the Village and spoke about the
traffic study.
Mr. Spahn asked Ms. Macdonald to review the traffic study
contract. Mr. Charles Smith spoke about a house on his block.
ITEM *12 ADJOURNMENT,
The meeting was adjourned at 10:59 p.m.
Attest: Gall Macdonald
Village Clerk
By:
Scott W. Davis
Deputy Village Clerk
Steven J'nsocl/
Mayor