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09-08-1992 Special MeetingMIAMI SHORES VILLAGE SPECIAL COUNCIL MEETING SEPTEMBER 8, 1992 The special meeting of the Miami Shores Village Council was held on September 8, 1992, at the Miami Shores Village Hall commencing at 7:36 p.m. with the following members present: Mayor Steven Johnson Herb Spahn Henry T. Courtney Stephen Loffredo Robert Cook Also present: Gall Macdonald William F. Fann ITEM *1 DISCUSSION AND POSSIBLE ACTION REGARDING IMPACT OF HURRICANE ANDREW ON FY93 BUDGET. Ms. Macdonald reviewed her memo to Council entitled Impact of Hurricane Andrew and FY 93 Budget dated September 4, 1992. She reviewed tree reimbursement figures from FEMA. She stated they pay $100 per tree Instead of replacement cost. She stated that the bottom line of the post hurricane costs will be $703,21.1. Mr. Cook stated that he wants the Village Manager to keep the Council appraised of hurricane related expenditures. Mr. Benton discussed the Village's plan for tree replacement. He stated that a 10-12 foot tall tree was $140 In the past: however, prices may go up due to the hurricane. Mr. Cook stated that he would like to see the disaster fund Increased. ITEM *2 DISCUSSION AND POSSIBLE ACTION REGARDING HURRICANE DAMAGE TO THE MIAMI SHORES COUNTRY CLUB. Ms. Macdonald reviewed the background and stated that PCM Is requesting a 6 month rent credit and to waive the normally required escrow of membership dues. Mr. Johnny La Ponzina described the financial situation at the Club. He stated that PCM would reduce their request to waive the escrow requirements for the first $200,000 of the membership dues and escrow the remainder of the membership dues on a 50/50 basis and reduce the other request to a 90 day abatement of the rent. Mr. Loffredo asked what 90 day rent abatement equals. Ms. Macdonald replied $43,150. Mr. La Ponzina stated that PCM wants to come back in 90 days to report on income and if it Is very low they may ask for an additional rent abatement. Mr. Courtney asked If Miami Shores has a serious financial problem would PCM give the Village 3 months rent. Mr. La Ponzina stated that PCM would make a contribution If Miami Shores was In need. Mr. Courtney asked about the Village having access to PCM's expense records. Mr. La Ponzina responded. Mr. Courtney asked about a rent abatement on a month by month basis. Mr. La Ponzina stated that PCM's request stands and that he Is not in favor of coming back each month. Mr. Cook stated that he has a problem with the Village sharing in the losses if they don't share In the profits. Mr. Spahn stated that If PCM walks away from the Club the Village will never open the Country Club again. He suggested deferring rent for 90 days and if membership dues are not received then abate the rent and if membership dues are received then the rent will be due. Mr. Loffredo stated that he supports the request If Council raises taxes a comparable amount and If the Village has access to all of PCM's books. Mr. La Ponzina stated that PCM has no hidden agendas and would be glad to give Council access to PCM's expense records. Mayor Johnson asked If the Club has business Interruption Insurance. Mr. La Ponzina responded that Insurance will not cover the expense of debris removal. Mayor Johnson stated that he has no problem with the revised escrow request: however, he cannot agree with complete abatement of rent for 90 days. Mr. Courtney moved to agree that the first $200,000 of dues not be escrowed and that future dues be escrowed per the original contract and that the Council agree to the 3 months rent abatement. Mr. Cook seconded the motion. Mr. Spahn stated that PCM Is not asking for alot to help them continue and that he supports Mr. Loffredo's Idea to raise taxes a comparable amount to cover 3 months rent. Mr. La Ponzina stated that the request Is Just a token and gesture of support. Mr. Loffredo stated that the Village Is feeling pressure for funds in other areas. Mr. Cook stated that the Village does want to see PCM grow because It will be more revenue for the Village later. Mr. Spahn stated that the Village could come up with the funds If they wanted to. Mayor Johnson suggested a 3 month deferral of rent with a review after membership figures are in to determine an abatement vs a continuing deferral or some other option at that time. Mr. Richard Fernandez: Spoke about the Village helping residents affected by the hurricane with a tax abatement. Mr. Terrell Chambers: Suggested a loan of $43,000 Instead of a gift. Mr. Mike Boyle: Suggested a $43,000 credit to be paid back when profits come in. Ms. Betty Lasch: Supports a deferral rather than an abatement. Ms. Elizabeth Perkins: Supports a loan to be paid back later. Mr. Jim Condit: Suggested an Interest free loan. Mr. Andrew Agusta: Asked what the Club rent Is used for and that he supports loaning the funds. Mr. Loffredo responded that the rent Is used for the Capital Fund. Mr. Mark Sell: Suggested a deferral on a liberal loan basis. Mr. Tom Ireland, a partner in PCM, spoke about Presidential Golf Course and that he agrees with a 90 day deferment of rent. Mr. Loffredo stated that he supports a deferral of rent with a comparative tax increase. Mr. Charles Parkinson: Suggested contacting him for assistance with FEMA. Mr. Courtney amended his motion to read as follows: He moved to agree to the first $200,000 not to be escrowed and that all future dues be escrowed per the original contract and that the next 90 days of rent be deferred at which time the funds be repaid. Mr. Cook seconded the amendment. Mr. Loffredo stated that the motion Is too strong and that he would not support it. He stated that the Village will not get the funds back this year. Mayor Johnson stated that he agrees with Mr. Loffredo. Mr. Courtney stated that he does not want to leave it open ended. Mr. Fann stated that the issue can be revisited In 90 days. Mr. Courtney amended the second part of his motion regarding the rent to read as follows: That the rent be deferred for 90 days and the Issue be put on the agenda at that time. Mr. Cook seconded the amendment. Mr. Spahn spoke about what would happen If 1/2 of dues does not come in In 90 days. The vote was taken and was unanimous in favor. ITEM *3 RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL EXPRESSING OPPOSITION TO ERECTION OF ADDITIONAL STREET CLOSURE DEVICES AS PROPOSED BY BALLOT TO BE VOTED UPON ON OCTOBER 1, 1992. Mayor Johnson read the caption of the resolution. Ms. Macdonald explained the background and read the resolution In its entirety, Mr. Courtney moved approval of the resolution. Mr. Loffredo seconded the motion. Mr. Spahn stated that he has a problem with the resolution because it Is redundant and a slap in the face of the residents. Mr. Cook stated that the resolution Is a reaffirmation of previous stated Council position. He spoke about the Village's financial position. The vote was taken and was as follows: Courtney - Yes Loffredo - Yes Johnson - Yes Cook - Yes Spahn - No The motion passed. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING THE VILLAGE SHELTERING HURRICANE VICTIMS. Mr. Loffredo stated that it Is not appropriate for the Village to pursue this Item at this time and withdrew the Item. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING AVAILABILITY OF RENTAL PROPERTY IN MIAMI SHORES. Mayor Johnson passed the gavel to Mr. Cook. Mayor Johnson explained the background and stated that there will be a tremendous surge In Interest In offices and homes to rent In Miami Shores. He suggested placing an ad In the Miami Herald advertising the availability of homes and offices for rent In the VIIIage with the telephone number of the Chamber of Commerce for the responses to the ad. Mr. Spahn' suggested that the Chamber come back to Council with exact costs for the protect. Mr. Loffredo suggested a grant to the Chamber. Mr. Courtney stated that it was a good idea. Mr. Cook stated that it was a good idea and that the VIIIage will eventually see a return of investment. Ms. Betty Lasch suggested a 28 day marketing plan at a cost of $1811.60 on a 10 line basis. Mr. Courtney moved to give a grant of $625 to the Miami Shores Chamber of Commerce to put 5 lines of advertising every day for a month to be designed at their discretion. Mayor Johnson seconded the motion. Mr. Terrell Chamber stated that 8-10 lines are necessary and he suggested the Business Monday section. Mr. Courtney amended his motion to grant up to $2,000 for the purpose of advertising businesses and residences available In Miami Shores. Mr. Loffredo seconded the amendment. The vote was taken and was unanimous with Mayor Johnson abstaining. Mr. Cook passed the gavel back to Mayor Johnson. ITEM *6 PUBLIC COMMENTS Mr. Bob Blum: Mr. Mike Boyle: Mr. Terrell Chambers: Ms. Betty Lasch: Asked about the chipping of hurricane debris. Spoke about the resolution on the barricades. Stated that the barricades were not affected by the hurricane. Spoke about the quick response of the Police Department. ITEM *7 COUNCIL COMMENTS Mr. Spahn stated that strict building codes are worth the effort and that Miami Shores should be thankful. Mr. Cook spoke about trash piles and building codes. Mr. Courtney complimented staff for doing a great Job. Mr. Loffredo commended the staff especially for saving trees. Mayor Johnson thanked the men from Taccoa, Georgia for helping the Village clean up. He announced the birth of his new baby girl, Mary Emma. ITEM *8 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *9 ADJOURNMENT The meeting was adjourned at 10:16 p.m. Steven Jq nson, Mayor Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk IF YOU V1AKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. You should complete the form and file it within I5,days after the vote occurs with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutes. J DISCLOSURE OF LOCAL OFFICER'S INTEREST S1 --e ren ../ ✓ " 4004 hereby disclose that on s���ir1,Q�P✓' (a) A measure c me or will come before my agency whic (check one) coulof erea7"e 14e 4flf ee. O7 ptV47e j1/41/11 inured to my special private gain; or . 19 9a : inured to the special gain of , by whom I am retained. (b) The measure before -my agency and the nature of my interest in the measure is as follows: Filde o f a s ee to ("ran f 7 r �l "Wm: .riore5 Glo•,,., m74 Comm erCe 7-o al er/1 se conin erria/Verne 74tr ree7L 1411 a.n i SAore5, serve on fti e "roar/ a 0,ee_7 ors 7I/< CAander- o7 CAPputieree. Date Filed Signature TICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED SCLOSURE 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 S5,000. CE FORM NNB•I.91 P;C,E FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1 \NI \ \MI 111111 N. IMI MIUI)I 1 \ \MF l Anson $f even Ton %%NH I\0 N 475- 571- reS l i I \ qat ► 5Aore5Ade NAME OF BOARD. COt NC'll COMMISSION. Al. I HORI1 t uR (OMMI 1 11 I l r'4m r • Stores v''/ 1c Cavite/ COI. NCI! .COMMItiNION Ali ORI11 OR ('nM t ' I HE BOARD. CO C MI I EF WHICH I NERVE IS A I NIT OF CIIY ❑ C011'V I 1)1HFRI01. AUF\(\ 0 \I F l)\ HI( H\F11(1.1 HRH) sepf emIe - 8 / iq q 2 NAME OF Pot ITICAI NI BDIw[SION /11 tom i S'i4dres V W,ye MY POSITION IS: ,El ECTIwE I= APPOI\ I1\ E WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council. commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented With a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have.a conflict of interest will wary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. . INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure \which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting. who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. (E FORM .H• 1.91 PALE