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03-16-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING MARCH 16, 1993 The regular meeting of the Miami Shores Village Council was held on March 16, 1993, at the Mlaml 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 Scott W. Davis Robert Nachlinger, GFOA Regional Representative, presented the Certificate Of Achievement For Excellence In Financial Reporting Award to Miami Shores Finance Director, Patricia Varney. ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the Regular Council meeting of 3/2/93. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Mr. Spahn moved approval of the minutes from the Council Workshop of 3/2/93. Mr. Cook seconded the motion and the vote was unanimous In favor. Mr. Spahn moved approval of the Special Council meeting of 3/9/93. Mr. Cook seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Recreation Advisory Committee 2/8/93 Fine Arts Commission 2/9/93 Mayor Johnson asked If Item *9 could be heard at this time In the meeting and the Council concurred. ITEM *9 REPORT FROM SEARCH COMMITTEE. Mayor Johnson Introduced Mr. Kevin O'Connor, Chairman of the Search Committee, who gave his report. Mr. O'Connor requested a budget of $10,000 and proposed the following ad for Council approval: MIAMI SHORES VILLAGE (POP. 10,000) CITY MANAGER. STARTING SALARY + BENEFITS NEGOTIABLE DOQ; SALARY RANGE $55-$70,000. COUNCIL/MANAGER FORM OF GOVERNMENT WITH 5 MEMBER COUNCIL INCLUDING MAYOR. OPERATING BUDGET OF $7.5 MILLION. CURRENTLY 7 DEPT HEADS W/100+ EMPLOYEES. DESIROUS OF MPA/MBA RELATED FIELD; 5 YEARS PROGRESSIVELY RESPONSIBLE MUNICIPAL MANAGEMENT, ADMINISTRATIVE AND SUPERVISORY EXPERIENCE OR 10 YRS SENIOR MANAGEMENT PRIVATE SECTOR EXP. W/EMPHASIS IN FINANCE AND/OR PERSONNEL. CANDIDATE SHOULD BE AN ADMINISTRATIVE LEADER WITH WRITTEN, ORAL COMMUNICATION, INTERPERSONAL AND PUBLIC RELATION SKILLS. RESUME,SALARY HISTORY, REFERENCES SUBMITTED BY JUNE 1 TO SCOTT DAVIS, PERSONNEL DIRECTOR 10050 NE 2 AVE MIAMI SHORES, FL 33138. EOE Mr. Spahn suggested stating the form of government that the Shores operated under. He asked what the proposed $10,000 budget would be for. Mr. O'Connor responded. Mr. Cook suggested letting the Committee develop the process to acquire candidates for the Council to review. Mr. Loffredo stated that a person from N.Y. City working In the private sector could not handle the Job no matter how qualified they were. He suggested a budget of $5,000. $1,000 for advertising and $4,000 for travel and Interviewing of applicants. Mr. Courtney stated that he was In favor of a budget of $5,000. Mr. Loffredo moved to adopt the advertisement of the Search Committee as modified with the addition of the form of government and that the Council appropriate $5,000 for their working budget. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *2 PRESENTATION OF FY92 ANNUAL FINANCIAL REPORT. Ms. Macdonald introduced the Item. Ms. Marla Perez presented the report. Mr. Spahn asked about Management Comments. Ms. Perez stated that everything was perfect and that there were no management comments. Mr. Spahn suggested that future protections would be helpful for the new Council. ITEM *3 REQUEST FOR AUTHORIZATION TO ENGAGE RACHLIN AND COHEN AS EXTERNAL AUDITORS FOR THE NEXT THREE YEARS. Ms. Macdonald reviewed the background and stated that the renewal fee Is $20,000. She said that the Village has had an excellent working relationship and that the auditors have been very helpful. She recommended retaining Rachlin and Cohen without going through the bid procedure. Mr. Cook stated that he was not In favor of tying the new Manager down for a three year contract with an auditing firm. He stated that the Manager should be Involved In the process of acquiring the firm. Mayor Johnson stated that the auditors are Independent and the new Manager's Input Is not required. Mr. Courtney stated that he was In favor of keeping the current auditors. Mr. Spahn moved approval of renewing the contract for a three year period with Rachlin and Cohen. Mr. Courtney seconded the motion and the vote was unanimous In favor. ITEM *4 REQUEST TO APPROPRIATE FORFEITURE FUNDS FOR THE PURCHASE OF FINGERPRINTING EQUIPMENT. Ms. Macdonald reviewed the request and stated that the request Is for $1084.50 for a laboratory type fuming cabinet and heat chamber and evidence camera. She recommended approval. Mr. Spahn moved approval. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *5 REQUEST TO DONATE SURPLUS POLICE VEHICLE TO POLICE ACADEMY. Ms. Macdonald reviewed the background and stated that the request Is for 2 vehicles. Mr. Cook moved approval. Mr. Spahn seconded the motion and the vote was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING 96TH STREET TRAFFIC REMEDIATION IMPROVEMENTS. Mr. Loffredo reviewed the background and stated that the staff has had reservations regarding traffic problems. Mr. Michael Maxwell gave a presentation regarding the proposed changes to 96th street. He stated that traffic has gone up from 150 to 600 cars at peak hours due to the barricades. He stated that the proposal Is to narrow the paved surface to 22 feet from 60 feet to mitigate traffic problems. Mayor Johnson suggested Interval planter te ame areas which would accomplistackhSanesthing Biscaynelower Boulevard Mr. Loffredo spoke about s n g and suggested 24 feet of paved road. Mr. Courtney stated that he was concerned about the residents on 96th Street due to barricades and also about the backing up of traffic. He stated that some mitigation of the problem Is Important and that he supports the proposal If the traffic engineers agree. Mr. Cook stated that something needs to be done that Is workable for everyone Involved. He stated that there are two problems: excessive speed and Improper passing. He spoke about putting in an Island In the road similar to that In Keystone Heights. He stated that he feels that it would solve both problems. Mr. Loffredo stated that Improper passing is a problem and suggested testing the plan submitted by the residents and suggested by Mr. Cook. Ms. Betty Zern: Stated that the Island idea Is not feasible on 96th Street. Mr. Cook stated that the Island would break up traffic to slow it down. Mr. Jim Condit: Spoke about change and having a whole Village to be taken care of. Barricade program does not do this he said. He suggested opening up of a street north and south of 96th Street. Mr. Spahn spoke about the history of the barricade program and helping streets that have been disadvantaged by the program. Mayor Johnson and Mr. Loffredo both stated that opening a street north and south of 96th Street has been addressed and the Idea has been refected. Mayor Johnson stated that the cost of $88,000 Is hard to swallow In light of the Village financial constraints. He suggested variable parking areas as suggested by David Plummer In their Phase 2 -1992 study. Mayor Johnson stated that the final plan will be determined by what the County will allow. Mr. Courtney moved to authorize a traffic mediation proposal for 96th Street between Biscayne Boulevard and 12th Avenue to try three different plans of remediation which has been discussed and that the three plans be worked out with the mediation team that Is already in place working with the County. Mr. Loffredo suggested names for the three plans as follows: 1. Keystone Plan 2. Plummer Plan 3. Residents Plan. Mr. Spahn seconded the motion. Ms. Betty Zern: Concerned that residents were opposed to two of the plans. Mr. Maxwell: Mr. Plummer's plan was vehemently opposed by the residents who participated In the workshop. The vote was taken and was unanimous In favor. Mr. Courtney left the meeting at this time. ITEM *7 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, MIAMI SHORES VILLAGE, FLORIDA; ESTABLISHING VIOLATIONS OF CHAPTER 5 AS CIVIL INFRACTIONS; ADOPTING BY REFERENCE, PROVISIONS OF CHAPTER 5 OF THE MaDADDEr JCCOUNTY CODE; rDE; PROVIDING EFFECTIVE DATE. First reading. the caption and Ms. Macdonald reviewed the background. She recommended approval on first reading. Mr. Spahn suggested adding a line In the existing ordinance requiring residents to have an Instrument to remove the offensive material. He suggested having a Code Enforcement Officer Issue warnings to start the program and later Issue citations by the police. Mr. Fann stated that Mr. Spahn's suggestion would have problems. Mr. Cook stated that the ordinance should not be on the agenda and that the situation Is not a problem. Ms. Margaret Burch: Stated that the ordinance is for the whole village and that there Is a problem. Mayor Johnson suggested that Mr. Fann look Into the pooper scooper Idea for the existing ordinance. Mr. Loffredo suggested deferring the ordinance 1 meeting and revisit the Issue. ITEM *8 RESOLUTION OF MIAMI SHORES VILLAGE COUNCIL AUTHORIZING THE VILLAGE MANAGER TO EXECUTE LOAN DOCUMENTS WITH BARNETT BANK. Mayor Johnson read the caption of the resolution. Ms. Macdonald stated that the Village needs to borrow $33,900 for 6 months at a cost of $1,000. She recommended approval. Mr. Cook Inquired why the Village has to borrow the funds. Ms. Macdonald replied that the total funding was not In the budget to purchase the vehicles. Mr. Spahn moved approval of the resolution to authorize the Village Manager to take a short term loan with Barnett Bank. Mr. Cook seconded the motion. Mr. Cook asked if the Village will have the funds to pay back the loan In 90 days. Ms. Macdonald responded that the funds will be In the budget If the Council approves. Mr. Loffredo stated that the Council should proceed with the Village Manager's recommendation. The vote was unanimous In favor. ITEM *10 REQUEST FOR CLARIFICATION OF VILLAGE COUNCIL'S 9/8/92 RESOLUTION REGARDING ESCROW OF COUNTRY CLUB MEMBERSHIP DUES. Ms. Macdonald asked for clarification of how the escrow account should be handled. She stated that her Interpretation of the matter Is as follows: $515,322 would be reduced by the $200,000 that was already disbursed and the remaining $315,322 would be subject to escrow as described in the lease. Ms. Macdonald stated that the interpretation of the matter by the Mayor Is as follows: Even though $200,000 has been disbursed, the entire $515,322 should be subject to the escrow requirements of the lease. She stated that the difference Is that at the April 1st scheduled drawdown under the Mayor's Interpretation PCM would receive $50,000 less. Mr. Cook stated that as the seconder to the motion he Is closest to the motion and he agrees with the Interpretation of the Mayor and that any draws would be based on the original amount. Mr. Spahn suggested waiting until the next meeting to get a legal opinion and releasing the lower of the two amounts In the meantime. Mr. Loffredo stated that the Council Is not talking about a legal opinion rather what was the Intent of the Council on September 8, 1992. There was a consensus of Council to release the lower amount and wait until the April 6th meeting to revisit the Issue when Mr. Courtney can be In attendance. ITEM *11 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *12 PUBLIC COMMENTS Ms. Margaret Burch: Mr. Charlie Smith: Mr. Tom McDermott: Spoke about SPATS fund raiser. Spoke about escrow funds at the Country Club. Spoke about escrow funds and his Letter to Mr. Loffredo. ITEM *13 COUNCIL COMMENTS Mr. Spahn stated that the Village is not business friendly If the Council abides strictly by the contract. Mr. Loffredo stated that he was not In favor of acts of provocation In the case of PCM. He also spoke about storm damage to the Village and the good work of Tom Benton. Mayor Johnson stated that Frank Lublen was also out working after the storm. He encouraged people to attend the SPATS fund raiser. ITEM *14 ADJOURNMENT The meeting was adjourned at 10:22 p.m. Scott W. Davis Village Clerk Steven J ns Mayor