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07-21-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JULY 21, 1992 The regular meeting of the Miami Shores Village Council was held on July 21, 1992, at the Miami Shores Village Hall commencing at 7:31 p.m. with the following members present: Mayor Steven Johnson Henry T. Courtney Herb Spahn Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the 7/7/92 Regular Council meeting. Mr. Cook seconded the motion and the vote was unanimous in favor. Mayor Johnson acknowledged receipt of the minutes from the following meeting: Planning and Zoning Board 6/21/92 ITEM *2 PRESENTATION OF LIBRARY BOARD ANNUAL REPORT Ms. Alice Burch presented the 44th Annual Report. Mr. Spahn commended the Library on doing a good Job. ITEM *3 AWARD OF BID FOR CHEMICAL FEEDER FOR MIAMI SHORES POOL. Ms. Macdonald Introduced the item. Mr. Loffredo arrived at this time. Ms. Macdonald stated that the low bid was Commercial Energy Specialists at $5833.08 and recommended approval. Mr. Courtney moved approval. Mr. Spahn seconded the motion. Mr. Spahn asked how the change will effect operations. Mr. Varney explained how the system works. The vote was unanimous In favor. ITEM *4 REQUEST FOR APPROVAL TO RETAIN MANAGEMENT ADVANTAGE CORPORATION TO CONDUCT A COMPLIANCE AUDIT OF FRANCHISE FEE AND MUNICIPAL PUBLIC SERVICE TAX PAYMENTS. Ms. Macdonald Introduced the Item and stated that Management Advantage Corporation (MAC) will only offer a 90 day payment period to be paid at 1/3 per month. She recommended that the Village Council accept the offer to make 3 installment payments over a 90 day period and authorize the Village Manager to execute the contract to proceed with the audit. Mr. Dale Sugarman, Senior Associate for MAC, stated that normally If there Is a disagreement with the provider of services and the Village the consultants would negotiate a settlement. Mr. Loffredo asked how many audits MAC has performed In the past year. Mr. Sugarman replied that they have completed 1 audit and are working on 3 currently. Mr. Loffredo stated that he doesn't want to see the Village In court with a service provider. Mr. Fann stated that as long as the Village can arbitrarily disagree when the franchisee does not agree then the Village would not have to pay a fee. Mr. Courtney proposed 25% of revenues Instead of 30% because of the change In conditions of the contract. Mr. Courtney moved to agree with Ms. Macdonald's recommendation of paying up front but that the fee be negotiated down to 25% Instead of 30%. Mr. Cook seconded the motion. Ms. Macdonald stated that MAC originally wanted full payment in 30 days and that they have extended it to 90 days and that the change in condition was instigated by the council and not by MAC. Mr. Cook suggested that the Council should agree with the original contract as proposed If there Is no litigation and renegotiate if there is litigation. Mr. Sugarman described how the audit process works. Ms. Macdonald stated that the Village can go back 3 years to collect unpaid taxes and that MAC was the only consultant to offer to conduct the audit on a contingency fee basis. Mr. Sugarman stated that most audits take 90 days, but that he would not be able to get started on the Village's for 30 days. He also stated that the principals In his organization would not reduce from the 33% fee for the first $100,000. Mr. Courtney stated that money Is tight everywhere and that businesses want the Village's business. Mr. Spahn stated that MAC Is sticking out their necks for their fee. The vote was taken and was as follows: Courtney - Yes Spahn - No Loffredo - No Cook - No Johnson - No The motion failed. Mr. Spahn moved to accept the recommendation of the Village Manager and allow the compliance audit of the franchise utility fees to be paid in three Installments over a 90 day period with MAC. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *5 REQUEST FOR APPROVAL TO PROCEED WITH 103RD STREET BEAUTIFICATION PROJECT. Ms. Macdonald introduced the item and stated that the beautification protect would have a cost of $36,700. Mr. Loffredo asked how wide the proposed stamped concrete would be. Mr. Benton replied 12 feet and that DOT approval must be obtained before installation can be done. Mr. Loffredo stated that 12 feet may not be wide enough to make a big Impact. Mayor Johnson stated that he would like to see the Council proceed with the protect and have Mr. Benton come back with final plans and drawings. Mr. Spahn stated that an artist rendering Is very necessary before proceeding any further. Mr. Benton stated that most work will be done In house and that it will be done in the winter time. He also stated that the protect will eliminate parking In front of the houses and that It may cause a problem. Mr. Benton stated that some houses do not have alleys or driveways. Mr. Cook stated that if the homeowner enclosed their garage then they were required to remove their driveway. He stated that he was not In favor of stamped concrete due to potential problems. Mr. Courtney agreed that stamped concrete is not necessary. Mr. Courtney moved to approve the 103rd Street entrance beautification protect to be funded out of the 1/2 mil dedicated to the street closure program and that everything on the list of expenses be included except for the stamped concrete Item for $4,800 and that the approval was subject to Council approval of an architect rendering of the project. Mr. Spahn seconded the motion. Mr. Loffredo stated that the Council may wish to reconsider how the project will be after the vote on the petitions. He also spoke about the speed of traffic on 103rd Street. Mayor Johnson stated that the Council should proceed with the protect and ask Mr. Benton to meet with architects, get citizen Input and come back with plans for the Council to review. Mr. Cook spoke about housing developments In Broward County. The vote was taken for the motion on the floor and was unanimous In favor. ITEM *6 APPOINTMENT OF GENERAL EMPLOYEE REPRESENTATIVE TO MIAMI SHORES VILLAGE PENSION BOARD. Ms. Macdonald Introduced the Item and recommended appointing Mr. Benton to serve as the general employee on the Pension Board. Mr. Spahn stated that there should be a general employee on the Board and not a management employee. Mr. Loffredo stated that he agrees with Mr. Spahn and that it would put Mr. Benton in an impossible position. Mr. Courtney and Mayor Johnson both stated that they also agree. ITEM *7 REQUEST FOR AUTHORIZATION TO CLOSE ALLEYS BETWEEN NE 106TH & 107TH STREETS AND BETWEEN NE 105TH & 106TH STREETS WEST OF 2ND AVENUE. Ms. Macdonald Introduced the Item and stated that it Is administration's request to close the alley. She explained why the request Is being made. Mr. Cook moved approval. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *8 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *9 PUBLIC COMMENTS Mr. Mike Maguire: Spoke about response of Council to previous comments. ITEM *10 COUNCIL COMMENTS Mr. Spahn stated that he was Insulted by Mr. Maguire berating him each week. Mr. Courtney stated that Mr. Maguire should think about helping the Village. He also sopke about his recent trip to South America. Mayor Johnson echoed Mr. Spahn's comments. ITEM *11 ADJOURNMENT The meeting was adjourned at 8:50 p.m. Attest: Gail Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Steven nson, Mayor Mr. Loffredo described the process of appeal outlined In the Charter. Mr. Frank Walker: Asked If a question on the ballot Is approved does the entire question get enacted. Mayor Johnson responded yes. Ms. Candy Rengstl: Let Issue go to the electorate. Mr. Cliff Leander: Up to the voters of where barricades should be. The vote was taken for the motion on the floor and was unanimous In favor. REQUEST BY WARREN VON BITTNER: SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE EAST SIDE OF NORTH MIAMI AVENUE ON EACH STREET, EXCEPT N.E. 95 STREET, N.E. 103 STREET, N.E. 110 STREET AND N.E. 111 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE; FURTHER PROVIDING THAT SAID LOCATIONS FOR STREET CLOSURE DEVICES BE SUBMITTED TO DADE COUNTY FOR APPROVAL, AS PROVIDED BY LAW, AND UPON APPROVAL, THAT STREET CLOSURE DEVICES BE ERECTED AT SAID LOCATIONS WITHOUT DELAY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. REQUEST BY JANET SILVAGNI: SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED ON THE SOUTH SIDE OF N.E. 103 STREET AT N.E. 1 AVENUE IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE; FURTHER PROVIDING SPECIFIED LOCATIONS FOR STREET CLOSURE DEVICES BE SUBMITTED TO DADE COUNTY FOR APPROVAL, AS PROVIDED BY LAW, AND UPON APPROVAL, THAT STREET CLOSURE DEVICES BE ERECTED AT SAID LOCATIONS WITHOUT DELAY; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. TWO REQUESTS BY MARY GOODENOW: SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE IS FOUND TO BE NECESSARY, REASONABLE AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE ON THE EAST SIDE OF N.E. 2 AVENUE AT N.E. 104 STREET, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. SHALL AN ORDINANCE BE ENACTED AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED BY THE ADDITION OF A NEW ARTICLE V, TO PROVIDE THAT A STREET CLOSURE DEVICE IS FOUND TO BE NECESSARY, REASONABLE AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE ON THE NORTH SIDE OF N.E. 103 STREET AT N.E. 3 AVENUE, CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND EFFECTIVE DATE. REQUEST BY LORI WILLENBORG: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE EAST SIDE OF N.E. 2 AVENUE (SET BACK TO THE EAST SIDE OF THE ADJACENT NORTH/SOUTH ALLEY), ON EACH STREET NORTH OF N.E. 95 STREET AND SOUTH OF N.E. 103 STREET, EXCEPT N.E. 96 STREET AND N.E. 100 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. REQUEST BY RICHARD VERNER: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE WEST SIDE OF N.E. 2 AVENUE, ON EACH STREET SOUTH OF N.E. 95 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. REQUEST BY KATHY IMBURGIA: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED AT THE BOUNDARY OF MIAMI SHORES VILLAGE ON N.E. 5 AVENUE, SOUTH OF N.E. 91 STREET, IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. REQUEST BY WARREN VON BITTNER: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE WEST SIDE OF N.E. 6 AVENUE, ON EACH STREET OR AVENUE ROAD SOUTH OF N.E. 103 STREET, EXCEPT N.E. 89 STREET, N.E. 96 STREET, AND GRAND CONCOURSE, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. REQUEST BY SAM GRIFFITH: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE EAST SIDE OF N.E. 2 AVENUE, ON EACH STREET SOUTH OF N.E. 95 STREET, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND EFFECTIVE DATE. REQUEST BY PATRICIA GISPERT: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED ON THE EAST SIDE OF N.E. 2 AVENUE (SET BACK TO THE EAST SIDE OF THE ADJACENT NORTH/SOUTH ALLEY), ON N.E. 100 STREET, IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. REQUEST BY JANET OETTING: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT A STREET CLOSURE DEVICE LOCATED ON THE EAST SIDE OF N.E. 2 AVENUE AT N.E. 105 STREET IS DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. REQUEST BY JANET OETTING: AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, AS AMENDED, BY THE ADDITION OF A NEW ARTICLE V, WITH A SECTION TO PROVIDE THAT STREET CLOSURE DEVICES ALONG THE EAST SIDE OF N.E. 6 AVENUE, ON EACH STREET OR AVENUE ROAD SOUTH OF N.E. 103 STREET AND NORTH OF N.E. 96 STREET, EXCEPT GRAND CONCOURSE, ARE DECLARED NECESSARY, REASONABLE, AND IN THE BEST INTEREST OF THE RESIDENTS OF MIAMI SHORES VILLAGE. ITEM *5 RESOLUTION CALLING FOR SPECIAL ELECTION IN MIAMI SHORES VILLAGE, FLORIDA, ON THURSDAY, OCTOBER 1, 1992, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF MIAMI SHORES VILLAGE TWELVE PROPOSALS FOR AMENDMENTS TO CHAPTER 20 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, TO PROVIDE FOR ERECTION OF STREET CLOSURE DEVICES AT DESIGNATED LOCATIONS BY ADDITION OF AN ARTICLE V THERETO. Mayor Johnson read the caption of the resolution. Mr. Cook stated that It could be confusing if the questions were not on the main ballot and that the Council should stick with the October date where everything will be In proper order. Mr. Loffredo stated that the October election Is a run-off election and turnout Is very low. Mr. Courtney stated that the Village will have a big turnout because it wilt be a special election on a special Issue. Mr. Bob Viscount: Election date should be on a major national election to get more turnout. Mr. Loffredo stated that he supports the October 1st date and wants the election publicized. He moved to approve the resolution as submitted calling for Special Election In Miami Shores Village on October 1, 1992 for the purpose of submitting to the electors the barricade Issue. Mr. Spahn seconded the motion and the vote was unanimous in favor. Item *3 was heard at this time. Mr. Hart, Managing Partner of the Miami Shores Country Club, gave the State of the Country Club Report. He spoke about what's been happening this past year and what Is proposed for the future. Mr. Courtney asked about Mr. Hart's long term consulting relationship with PCM. Mr. Hart replied that he will not be on site at the Club. Mr. Loffredo stated that Mr. Hart has done a beautiful Job at the Club. Ms. Macdonald stated that the Country Club Capital Expenditure Report will be presented In the Fall. Mayor Johnson stated that the Club looks beautiful and that Mr. Hart and PCM should keep up the good work. ITEM *6 REQUEST FOR AUTHORIZATION TO CONTRACT WITH DAVID PLUMMER AND ASSOC. TO PREPARE BID DOCUMENTS FOR TRAFFIC REMEDIATION. Ms. Macdonald Introduced the Item and read a letter from the County authorizing traffic remediation in the Village. She reviewed her memo dated July 30, 1992 entitled Traffic Mitigation Bid Documents. Ms. Macdonald recommended that the Council authorize her to execute contracts with David Plummer and Assoc. to complete construction plans and specifications and prepare bid packages for three traffic remediation protects located at 111 Street and NE 2nd Avenue, NE 10th Avenues south of Biscayne Boulevard and NE 98th Street between Biscayne Boulevard and 10th Avenue. Mr. Courtney moved approval and Mr. Spahn seconded the motion. Mr. Cook asked what the $15,150 fee Is for. Ms. Macdonald explained. Mr. Loffredo stated that no engineer Is needed for the 98th Street location. Mr. Benton stated that the State will require it. The vote was taken and was unanimous in favor. ITEM *7 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *8 PUBLIC COMMENTS Mr. Bob Viscount: Mr. Mark Sell: Mr. Mike Maguire: Spoke about the Country Club and the Barricade Issue. Spoke about barricades and the cost of the program. Spoke about a future law suit. ITEM *9 COUNCIL COMMENTS Mr. Cook spoke about golf. Mr. Loffredo spoke about petitions and ballot questions. He advised the public to cast their ballot wisely. ITEM *10 ADJOURNMENT The meeting was adjourned at 8:35 p.m. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Steven on, Mayor