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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