12-15-1992 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
DECEMBER 15, 1992
The regular meeting of the Miami Shores Village Council
was held on December 15, 1992, at the Miami Shores Village
Hall commencing at 7:35 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
Mayor Johnson presented a proclamation to the Barry University
Womens Soccer Team for both national and international honors.
Chief Ken Each, from the N. Miami Police Department, presented
Chief Zoovas with a plaque for Miami Shores' assistance In
apprehending the killers of slain officer Steven Bauer.
Mayor Johnson presented AAA Pedestrian Safety Award to Chief
Zoovas for Miami Shores record of no pedestrian fatalities.
ITEM *1 MINUTES
Mr. Loffredo moved approval of the minutes from the Regular
Council meeting of 12/1/92. Mr. Spahn seconded the motion and
the vote was unanimous in favor. Mayor Johnson acknowledged
receipt of the minutes from the following meetings:
Pension Board 8/20/92, 11/19/92
Recreation Advisory Committee 11/9/92
Fine Arts Commission 11/10/92
Historic Preservation Board 11/16/92
Code Enforcement Board 12/3/92
Planning and Zoning Board 11/12/92
ITEM *3 REQUEST TO APPROPRIATE FORFEITURE FUNDS TO PURCHASE
SPEED CONTROL DEVICES. Ms. Macdonald reviewed the background
and stated that the request is for a Smart radar trailer, hand
held radar unit and traffic statistic computer with a total cost
of $15,370. Chief Zoovas explained how the speed monitoring
awareness radar trailer works and the effects of Its use. Mr.
Loffredo moved approval of the request. Mr. Spahn seconded the
motion. Mr. Cook explained the use of forfeiture funds. The
motion carried unanimously.
Mr. Courtney arrived at this point In the meeting.
ITEM *4 APPOINTMENT TO THE FINE ARTS COMMISSION AND THE COUNTRY
CLUB ADVISORY BOARD. Ms. Macdonald reviewed the vacancies.
Mr. Fann arrived at this point in the meeting.
a. Fine Arts Commission
Dr. Meltzoff spoke on her own behalf. Mr. Cook moved to appoint
Dr. Meltzoff to the Fine Arts Commission with an expiration date
of 9/95. Mr. Loffredo seconded the motion and the vote was
unanimous In favor.
b. Country Club Advisory Board.
Mr. Leon Newman spoke on his own behalf. Mr. Loffredo moved his
appointment. Mr. Courtney seconded the motion and the vote was
unanimous in favor.
ITEM *2 PLANNING AND ZONING ITEM
a. Appeal of P&Z Board's decision denying approval of
plans for restoration of buildings to original
configuration and reinstatement of non -conforming
status. Mr. Robert Kurland
Mr. Lubien explained the background and stated that new owners
have requested to restore the building to Its original
configuration and reinstatement of non -conforming status. Mr.
Loffredo asked how long the property has remained vacant. Mr.
Lubien replied 18 months. Mr. Alan Kan, representing the
current property owner Mr. Robert Kurland, presented the
homeowner's case. He requested that the Council reverse the
decision of the P&Z Board. Mr. Loffredo moved to uphold the
decision of the P&Z Board. Mr. Spahn seconded the motion and
the vote was unanimous In favor.
ITEM *5 REQUEST TO AMEND COUNTRY CLUB LEASE IN ORDER TO
PROPERLY REFLECT LEGAL DESCRIPTION OF DEMISED PROPERTY AND
RECAPTURED FIVE ACRES. Ms. Macdonald explained the background
and recommended that the Village Council authorize the Village
Manager to execute the amendment to the Country Club lease. Mr.
Courtney moved to authorize the Village Manager to execute the
amendment to the lease. Mr. Loffredo seconded the motion.
Mayor Johnson asked that Item *3 on page 2 be revised. Mr.
Spahn suggested tabling the Item until both sides lawyers can
look at the proposed changes In the language. Mr. Spahn moved
to table the motion so Mr. Fann can look at the language and
come back In 30 days. Mr. Cook seconded the motion and the vote
was unanimous in favor.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST FOR A
PARTIAL RENT ABATEMENT FOR THE COUNTRY CLUB FOR 1992 AND FUTURE
YEARS. Ms. Macdonald explained the background and reviewed the
history of the financial situation at the Club. She stated that
the request Is to reduce the rent from $150,000 per year plus
$30,000 for the driving range to $90,000 per year plus $30,000
for the driving range. Mr. Tom Ireland stated that PCM made a
mistake when they entered Into the original agreement. He said
that membership has declined 8-10 percent per year since they
have taken over the Club. Mr. Ireland stated that 1990
membership revenue was $860,000 and 1992 membership revenue was
$500,000. He stated that PCM has lost $300,000 In membership
revenue per year that he is looking for economic assistance to
help PCM survive. He spoke about the changes that PCM could
make to save money. Mr. Courtney stated that he was concerned
with promotions PCM Is doing and that the Club Is not being run
as a private club. Mr. Loffredo asked what the dollar amount of
the request is for thls fiscal year. Ms. Macdonald responded
$28,750. Mr. Spahn stated that PCM has worked very well with
the Village In the past and has helped the Village with
problems.
Misters Tom Danluck, Ed Cole, Dick Thornton, Jim Condit, Joe
Schwartz, Ernest Upthegrove, Lew Names, Sam Marshall and Doug
Llndimeimer support PCM and their request. Mr. Ed Harrigan
spoke about the management at the Club. Mr. Rick Fernandez
spoke about PCM's financial reports.
Mr. Cook stated that he has a problem sharing In the expenses of
the Club without sharing In the profits. Mayor Johnson stated
that PCM has done a fine Job; however, he Is concerned with the
Village's expenses. He suggested deferring action until the
first meeting In February In order to collect further
information. Mr. Loffredo stated that he was In favor of
waiting to make a decision In this matter in order to look at
the budget review. Mr. Cook spoke about the problem with the
raising millage rate and the 10 mil cap. He stated that the
Village cannot keep giving and giving. Mr. Courtney moved to
have the Village Manager collect the rent for 12/1/92 and to
continue the previous 3 month rent deferral until such time as
the Council makes a decision on the issue of reducing the
overall per -annum rent. Mr. Cook seconded the motion. Mr.
Spahn stated that the Council must make a financial decision now
for the Club on the rent abatement Issue. The vote was taken,
and was as follows:
Loffredo - No
Spahn - No
Courtney - Yes
Cook - Yes
Johnson - Yes
The motion carried.
ITEM *7 PRESENTATION OF RESULTS OF UTILITY TAX AND FRANCHISE
FEE AUDITS. Ms. Macdonald Introduced the item and Introduced
Mr. Don Long from Management Advantage Corporation. Mr. Long
stated that his firm has identified $41,929 in revenues that
should be due to the Village from Storer Cable and FP&L. Mr.
Loffredo asked when can the Village expect to see a check. Mr.
Long replied within 60 days.
ITEM *8 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE BY ENACTING AND
ADDING THERETO A NEW CHAPTER TO BE NUMBERED 22 ENTITLED "FLOOD
DAMAGE PREVENTION"; PROVIDING FOR PENALTY, REPEAL AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Second and Final
Reading. Mayor Johnson read the caption of the ordinance and
Ms. Macdonald explained the background. Mr. Spahn moved
approval. Mr. Cook seconded the motion and the vote was
unanimous in favor.
ITEM *9 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *10 PUBLIC COMMENTS
Mr. Richard Fernandez Asked for a tax abatement and spoke
about PCM's financial report.
ITEM *11 COUNCIL COMMENTS
Mr. Spahn wished the public a happy holiday.
Mr. Cook spoke about the living nativity scene and wished the
public a Merry Christmas.
Mr. Courtney thanked the Council for their help in making tough
decisions and wished the public a Merry Christmas.
Mr. Loffredo spoke about the Shores tree lighting and wished the
public happy holidays.
Mayor Johnson wished the public happy holidays.
ITEM *12 ADJOURNMENT
The meeting was adjourned at 10:52 p.m.
Steven / ohnson, Mayor
Attest: Galt Macdonald
Village Clerk
Scott W. Davis
Deputy Village Clerk