02-16-1993 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
FEBRUARY 16, 1993
The regular meeting of the Miami Shores Village
was held on February 16, 1993, at the Miami Shores
Hall commencing at 7:30 p.m. with the following
present:
Mayor Steven Johnson
Henry T. Courtney
Herb Spahn
Stephen Loffredo
Robert Cook
Also present: Gall Macdonald
William F. Fann
Council
Village
members
The Village Clerk, Scott Davis, distributed annual pay checks to
the Council.
ITEM *1 MINUTES
Mr. Spahn asked that the phrase "As evidenced by the lack of
respect of Village employees" be added to the Mayor's comments
in the 1/26/93 Special Council meeting where he was outlining
his reasons for his dissatisfaction with Ms. Macdonald's
performance as Village Manager. Mr. Courtney moved approval of
the minutes as amended from the Special Council Meeting of
1/26/93. Mr. Cook seconded the motion and the vote was
unanimous In favor. Mr. Courtney moved approval of the minutes
from the Regular Council meeting of 2/2/93. Mr. Cook seconded
the motion and the vote was unanimous in favor. Mayor Johnson
acknowledged receipt of the minutes from the following meetings:
Code Enforcement Board 2/4/93
Planning and Zoning Board 1/14, 1/28/93
ITEM *2 PLANNING AND ZONING ITEM
a. Approval of site plan for three buildings.
Barry University
Mr. Lubien Introduced the Item and introduced Mr. Tim Czernlec of
Barry University. Mr. Czernlec Introduced Mr. Edward Cannon,
architect for the project. Mr. Cannon showed artist renderings of
the proposed buildings and described the use and location on
campus of the buildings. The Council did not express any
opposition to the project.
ITEM *3 APPOINTMENT TO THE COUNTRY CLUB ADVISORY BOARD.
Ms. Macdonald reviewed the background and stated that there is one
vacancy with two applicants. Mr. Doug Lindheimer and Mr. Robert
Niehoff spoke on their own behalf. By paper ballot the vote was
as follows:
Courtney -
Spahn -
Loffredo -
Johnson -
Lindheimer
Lindheimer
Lindheimer
Lindheimer
Cook - Niehoff
Mr. Lindheimer was appointed to the board.
ITEM *4 REQUEST TO WAIVE BID PROCEDURES FOR INDEPENDENCE DAY
FIREWORKS DISPLAY. Ms. Macdonald introduced the Item and stated
that $5,000 Is budgeted for the display. She requested to waive
the bid procedure and contract with Southern International. Mr.
Cook moved to waive the bid procedure. Mr. Spahn seconded the
motion and the vote was unanimous in favor.
ITEM *5 REQUEST TO ENGAGE ENGINEERS TO CONDUCT ADA COMPLIANCE
AUDIT. Ms. Macdonald Introduced the Item and requested to engage
Ludovici & Orange for $10,500 to conduct the audit. Mr. Cook
stated that he does not see a rush to complete the study and that
the work can be done in-house. He stated that If it takes a year
or 2 he does not see it as a problem. He recommended holding off
on the expenditure and to direct staff and the P&Z board to pursue
the matter and come back with a recommendation. Mr. Spahn stated
that at some point in time the Federal Government will move on the
Village for compliance. Mr. JD Varney described the requirements
for ADA compliance. He stated that the Village has until 1995 to
complete the changes In the compliance plan. Mr. Loffredo moved
to engage the engineers to conduct the ADA compliance audit as
recommended by the Village Manager. Mr. Spahn seconded the motion
and the vote was as follows.
Courtney - Yes
Loffredo - Yes
Spahn - Yes
Johnson - Yes
Cook - No
The motion carried.
ITEM *6 REQUEST TO APPROPRIATE FORFEITURE FUNDS FOR THE PURCHASE
OF TDD PHONE EQUIPMENT TO COMPLY WITH ADA REGULATIONS. Ms.
Macdonald Introduced the Item and stated that the total request Is
for $1023. Mr. Spahn moved approval and Mr. Loffredo seconded the
motion. Mr. Cook suggested that the Chief contact the
Handicapped Services Board. The vote was unanimous in favor.
ITEM *7 COUNCIL RATIFICATION OF PBA CONTRACT. Ms. Macdonald
Introduced the Item and described the proposed contract. She
stated that it is a 3 year contract that Increases the off duty
rate of pay, increases the insurance benefit from $100 to $125,
Incorporate a wellness program, phases In Increases In retiree
benefit from 60% of salary to 66% of salary upon retirement with a
first year cost of living raise of 1%, second year of 1% and third
year negotiable to no more than the consumer price Index. Mr.
Courtney moved to approve the contract plan as outlined by the
Village Manager. Mr. Spahn seconded the motion and the vote was
unanimous In favor.
ITEM *8 REQUEST TO ABANDON PRIVATE FEC RAILROAD CROSSING ON GOLF
COURSE. Ms. Macdonald Introduced the Item and stated that the
cost to Improve the crossing Is $11,500. She stated that PCM
reports that they can modify their equipment to cross at another
location and have no need for the crossing. She stated that If
the crossing Is closed it cannot be opened at a later time. Ms.
Macdonald suggested deferring action until further information can
be gathered regarding the South Florida Water Management
District's use of the crossing. Mr. Spahn suggested delaying FEC
for a few years to see if at a later time it is more feasible to
repair the crossing. Mr. Loffredo stated that the crossing Is
very close to the equipment storage area and should remain open.
Mr. Cook stated that he is willing to spend the funds to keep the
easement. He stated that once It Is gone it Is gone. Mr.
Courtney asked if it is the responsibility of PCM or the Village
to pay for the repairs. Mr. Fann replied that It is not the
responsibility of PCM and the Village can authorize the repairs or
not. Mr. Courtney stated that he was In favor of keeping the
right of way and that the Item should be deferred until the
Village is forced to make a decision. Mr. Courtney moved to defer
the item. Mr. Loffredo seconded the motion and the vote was
unanimous In favor.
ITEM *9 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE SUPPORTING, IN PRINCIPLE, LEGISLATION THAT WILL ESTABLISH
A FUND THROUGH THE SAME MECHANISM USED FOR FUNDING THE
MODERNIZATION TRUST FUND FOR COUNTIES IN THE STATE OF FLORIDA.
Mayor Johnson read the caption of the resolution and Ms. Macdonald
reviewed the background. She recommended that the Council
continue to support the concept as outlined In the resolution. Mr.
Spahn so moved. Mr. Courtney seconded the motion and the vote was
unanimous in favor.
ITEM *10 AN ORDINANCE AMENDING SCHEDULE OF REGULATIONS, BEING A
PART OF ARTICLE V. OF THE MIAMI SHORES VILLAGE ZONING ORDINANCE
NO. 270; EXPANDING STATED PERMITTED USES IN 6-1 AND 6-2 DISTRICTS;
ADDING LIST OF USES NOT DEEMED TO BE INCLUDED IN STATED PERMITTED
USES; AUTHORIZING ESTABLISHMENTS FOR MINOR MOTOR VEHICLE REPAIRS
AND, BY DEFINITION, LIMITING SAME; ESTABLISHING EFFECTIVE DATE.
Mayor Johnson read the caption of the ordinance and Ms. Macdonald
explained the ordinance and stated that this Is the final reading.
Mr. Loffredo moved approval. Mr. Spahn seconded the motion and
the vote was unanimous to favor.
ITEM *11 DISCUSSION AND POSSIBLE ACTION REGARDING SEARCH FOR NEW
VILLAGE MANAGER. Mr. Cook Introduced the Item and stated that the
Council should establish a search committee made up of 5 members
who are Miami Shores residents and each appointed by a Council
member. He stated that the committee should consider the salary
of the Village Manager, the necessary level of education and the
personal critera of Council. Mr. Spahn stated that a Council
member should be on the committee and suggested that It should be
the Mayor. He stated that the Village Manager should not
necessarily be the highest paid employee of the Village. Mr.
Loffredo suggested that Mr. Cook should be the Council member on
the committee and that there should only be three members. He
nominated former Mayor Kevin O'Connor to be a committee member.
Mr. Courtney stated that he likes a 5 member committee and that
the Item should be deferred until the next meeting. There was a
consensus of council to have a 5 member committee and to appoint
the members at the next meeting.
ITEM *12 FORMULATION OF CONTINGENCY PLAN IN EVENT THAT PCM
INDICATES THEIR DESIRE TO TERMINATE THE LEASE AGREEMENT. Mr.
Spahn Introduced the item and stated that Mr. Laponzina had stated
that there is a possibility that PCM may withdraw from the Club.
Mr. Spahn stated that May 1st would probably be the date that they
would leave If they did. He discussed the status of existing
equipment and possibilities for future equipment. He suggested
having a workshop to discuss the avallable figures from the past
10 years at the Club. Mr. Spahn stated that the workshop would be
conducted to make sure that the Council and candidates are
thoroughly familiar with the workings of the Club. Mr. Loffredo
agreed with the need for a workshop to discuss Club related issues
and the current lease. He suggested having a contingency plan to
close the Club House if PCM leaves. Mr. Cook spoke about a letter
from Mr. Thomas McDermott regarding PCM and the Village impasse.
The consensus of Council was to schedule the workshop for 7 p.m.
Monday, March 1st at Village Hall.
ITEM *13 ANNOUNCEMENTS
Mayor Johnson read the announcements.
ITEM *14. PUBLIC COMMENTS
Mr. Tom McDermott:
Ms. Margaret Burch:
Mr. Mike Maguire:
Spoke about his letter to Mr. Cook
and a possible breach of contract by
PCM.
Spoke about the womens club fashion
show.
Spoke about the banning of bookstores
In Miami Shores and Miami Shores In
general.
ITEM *15 COUNCIL COMMENTS
Mr. Courtney said hello to his neighbor.
Mr. Loffredo spoke about the carnival at St. Rose
Mayor Johnson announced that the pool opens next week.
ITEM *16 ADJOURNMENT
The meeting was adjourned at 9:05 p.m.
Steven J n
Mayor
Scott W. Davis
Village Clerk