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