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02-15-2000 Regular Meetingt - • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The regular meeting of the Miami Shores Village Council was held on Tuesday, February 15, 2000 at the Village Hall commencing at 7:30 PM with the following members present: PRESENT: Mayor Mark Ulmer Bob Blum Al Davis Steve Loffredo Mary Ross Agosta ALSO PRESENT: Tom Benton, Village Manager Barbara Fugazzi, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1. MINUTES A) APPROVAL OF THE FEBRUARY 1, 2000 REGULAR COUNCIL MEETING MINUTES AND THE FEBRUARY 8, 2000 COUNCIL WORKSHOP MINUTES. Mr. Loffredo moved approval of the submitted Minutes. Mr. Blum seconded the motion. Mayor Ulmer asked that the issue of the Theater be added to the Workshop Minutes under the N.E. 2' Avenue future discussions. The vote, when called, was unanimous in favor. 2. VILLAGE COUNCIL Mayor Mark Ulmer A) DISCUSSION AND POSSIBLE ACTION REGARDING ESTABLISHING A MONITORING PROGRAM OF THE ADULT CONGR UA I E LIVING FACILITIES LOCATED WITHIN MIAMI SHORES. Mayor Ulmer offered introductory remarks, providing a review of the legality of the group homes being located in Miami Shores, as well as an overview of the history of the group homes. Mayor Ulmer outlined the procedure to be followed during the discussion of this item. Mayor Ulmer read into the record, a letter received via fax late this afternoon. The letter indicated that the group home would be closed and the property put up for sale. Mayor Ulmer asked for a motion to be made. Ms. Agosta moved to instruct the Village Manager to institute a monitoring program in conjunction with the Department of Children & Family Services, regarding the group homes. Mr. Davis seconded the motion. • Mayor Ulmer introduced Mr. Charles Auslander, the District Administrator for the Florida Department of Children & Family Services. Mr. Auslander spoke about the difficulties encountered when trying to place this special population. He expressed his thoughts that there had been a breach of trust on the part of the Department and hoped that he could cure that breach. Mr. Auslander indicated that there will both some successes and some failures surrounding these homes and offered an apology to the residents of Miami Shores for this particular home's problems. Mr. Auslander spoke about the decision made by Sunrise Opportunities, Inc. to close the home. s • Individual Council Members voiced their concerns regarding the group home's resident populations, the history of violent behavior, the apparent lack of supervision, regulations and procedures that are supposed to be adhered to, and broken promises that were made ensuring the safety of the neighboring citizens. Mr. Auslander responded that certain decisions that were made regarding the placement of individuals had turned out to be incorrect. He stated that new efforts were being made to reduce those types of mistakes. Mr. Auslander admitted that the absence of certain procedures is a problem and that, in his opinion, the current monitoring tool of "box checking" is not adequate. Mr. Auslander indicated that he will be looking at instituting a narrative summary type of monitoring tool, including a more common sense evaluation of the individuals and the relationships around the group homes. He further stated that he will review the internal monitoring system, so that municipal police reports are linked to the Department's reports so that there is a more complete picture of the status of the group home. Mr. Auslander reported that it is never the intent of either the Department or Sunrise to place violent individuals in these homes. He went on to state that certain placements are court ordered and these circumstances do not provide for much discretion on the part of the Department. Mr. Benton asked Mr. Auslander to comment on the rumor that individuals from the 11th Avenue group home had been transferred to the 2nd Court home. Mr. Auslander stated that one individual had been temporarily transferred to 2nd Court, but has since been relocated. Mr. Sarafan asked Mr. Auslander to clarify that if someone had committed a prior violent act, that the person would then be considered dangerous. Mr. Auslander stated that the person could be considered dangerous but that the treatment would be questioned, i.e. are there known medical or scientific ways to improve on the situation. Mr. Sarafan then asked for clarification regarding his impression that there are no current regulations or operating procedures to track which of the residents have committed prior violent acts. Mr. Auslander stated that there are no regulations or operating procedures to his understanding, that implement specificity the language of the Statute 419.001 (c)(9). Mr. Auslander then stated that the types of questions further posed by Mr. Sarafan would best be answered by counsel. Mayor Ulmer opened the floor for public comment. Residents, C. F. Chambers, Anna Soto, Bonnie Heffernan, Eduardo Acevedo, Ben Dorson, Scott Andruss, Ed Harrigan, Joe Ellen Albert, Bekky Leonard, and Sofie Geckler, expressed their concerns regarding the group homes. They raised questions relating to the availability of knives, procedures for administration of meds, physician monitoring practices, belligerent staff, remedies for violent residents of the homes, and where these violent residents would be placed. Mr. Steve Weinger, a member of the Board of Directors of Sunrise Opportunities Inc. spoke about concepts to deal with problems, such as instituting a telephone hotline for neighbors to register complaints. Page 2 • • Mayor Ulmer closed public comment and paraphrased the questions raised so that Mr. Auslander could respond to the residents. Mr. Auslander stated that the residents of the homes should not have access to knives or sharp instruments. He stated that there had been procedures to remove or secure these types of instruments and that the Department is currently reviewing why the policy was not adhered to. Mr. Auslander indicated that physicians do monitor and certify the capacity of the residents. He stated that various modalities provide input to the administration, including speech therapists, nurses, etc. He stated that spot checks are made but he did not have a specific number or frequency of visits available. Mr. Auslander spoke about the court ordered placements and the alternative sites for the individuals that are deemed unsuitable for placement in residential group homes. Mayor Ulmer indicated that there is now a monitoring system between the Chief and Mr. Benton whereby Mr. Benton will receive a monthly report listing police calls to any of the group homes located within Miami Shores. The Administration is working with representatives from Child & Family Services to review reporting details. Mr. Les Leach, President of Sunrise Opportunities, Inc. spoke about the management problems and indicated that Sunrise had a responsibility to the neighborhood which they did not live up to. He spoke of the specific reasons why they had chosen to vacate and close the house. Mr. Leach stated that the Legislature needs to take a closer look at the Statutes, as it is possible that everyone should not be in a community setting, as had been the previous mind set. Council Members thanked those residents and Child & Family Services and Sunrise representatives in attendance for their questions and comments, and civility. Individual Council Members offered various suggestions regarding the group home settings and their management, and asked about what options were available to the Village if the Department or Sunrise does not fulfill their obligations. Mr. Sarafan provided a number of possible remedies, including injunction, law suits and license revocation. Mayor Ulmer asked that the original motion be re- read. Subsequent to the Clerk reading the motion, there was a brief discussion regarding adding language to the original motion. Subsequently, Ms. Agosta restated her motion, moving to instruct the Village Manager to institute a monitoring program in conjunction with the Department of Children & Family Services, a representative from the neighborhood, and any and all service providers, regarding the group homes. Mr. Davis seconded the motion as restated. Mayor Ulmer called for the vote which was unanimous in favor. Mayor Ulmer called for a recess at 9:32 PM and the meeting reconvened at 9:40 PM. B) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, REPEALING RESOLUTION NO. 939-95 CONCERNING THE PURCHASING POLICY OF MIAMI SHORES VILLAGE, AND ESTABLISHING A NEW PURCHASING POLICY. The Clerk read the caption of the Resolution. Mr. Blum moved to adopt the Resolution as presented. Mr. Loffredo seconded the motion. Mr. Loffredo confirmed that the new policy gives more discretion to the Village Manager at the mid-level purchasing range and believes the Council should approve the Resolution and give the new threshold limits a try. Mayor Ulmer Page 3 • • clarified two items which are not contained in the Resolution. One being items covered by the Competitive Negotiations Act and the other being the services of the Village Attorney. Mr. Davis asked for assurances that the new thresholds were high enough. Mr. Benton stated that the proposed limits are sufficient for the time being. The vote was called and was unanimous in favor. 3. ANNOUNCEMENTS 4. PUBLIC COMMENTS Bekky Leonard Ms. Leonard asked for clarification on the new purchasing policy. Mr. Sarafan provided a copy of the Resolution to her. 5. COUNCIL COMMENTS Mayor Ulmer Mayor Ulmer spoke about the new purchasing policy and invited everyone to Poetry Night on 2/18 at the Library at which he will be reading. Mary Ross Agosta Ms. Agosta stated that she too would be reading at Poetry Night. Al Davis Mr. Davis thanked everyone for their attendance and his belief that there had been lots accomplished. Steve Loffredo Mr. Loffredo spoke about Poetry Night. He also indicated that he would be sending a letter to former Mayor, Chief Judge Farina, about the court system ordering placements. Bob Blum Mr. Blum indicated that he was proud of the residents of Miami Shores. 6. ADJOURNMENT The February 15, 2000 Council Meeting was adjourned at 9:55 PM. Mark S. Ulmer, Mayor Barbara A. Fugazzi, CMC Village Clerk • Page 4