12-07-1982 Regular MeetingREGULAR MEETING
MIAMI SHORES VILLAGE COUNCIL
December 7, 1982
The regular meeting of the Miami Shores Village Council was held
on December 7, 1982, 7:30 p.m., at the Village Hall, with the following
Council members present:
Mayor Robert J. Lodge
Herbert Spahn, Jr.
Donald W. McIntosh
Elspeth Jensen
Absent: Henry A. Everett
Also present: L. R. Forney, Village Manager
William F. Fann, Jr., Village Attorney
The meeting was opened with an invocation given by Sister Jean
Rosario of St. Rose of Lima Catholic Church, followed by the Pledge of
Allegiance.
PRESENTATION:
A plaque was presented to the Village by Village Manager Forney on
behalf of the International City Management Association, recognizing the
Fiftieth Anniversary of the Council -Manager Government in Miami Shores.
Mayor Lodge accepted on behalf of the Village.
MINUTES:
(a) Regular Council meeting of November 16, 1982 - approved as
written by motion made by Mrs. Jensen, seconded by Mr.
Spahn and passed unanimously.
(b) Pension Board meeting, November 30, 1982 - receipt acknowledged.
CONTRACT WITH CONSULTING ENGINEER.
In a report to Council the Village Manager reviewed the
steps taken to secure a consulting engineer. Following inter-
views conducted by a panel of Councilman McIntosh, Mr. Al
Toussaint and Mr. Forney, the top three firms were ranked as
follows:
Greenleaf Telesca
Bristol Childs
Ludovici & Orange
A mutually agreeable contract was proposed, copy of which
was sent to Council and Mr. Forney recommended that the contract
submitted by Greenleaf Telesca for consulting engineering services
be approved. Mr. McIntosh moved approval to enter into the
contract with Greenleaf Telesca for engineering services. The
12/7/82
-2-
motion was seconded by Mr. Spahn and passed unanimously.
APPOINTMENT OF RECREATION ADVISORY COMMITTEE:
A Committee of seven members was to be selected from the
following candidates:
Ms. Pat Cocci
Mr. Terry Cuson
Ms. Patricia Derrer
Mr. Joe Dugoni
Ms. Judith W. Frederich
Ms. Elaine R. Fischer
Mrs. Albert Goff
Mr. Martin Mennes
Ms. Donna Neuweiller
Mr. Tom O'Connor
Ms. Candice Rengstl
Mr. Lou Sauber
Mrs. Leonard Spragg
Mr. Adolofo J. Vila, Jr.
Mrs. Adolfo J. Vila, Sr.
Mr. Adolfo J. Vila, Sr.
As the result of a ballot vote the Committee was named
as follows:
Term
Ms. Patricia Derrer 2 yrs.
Mr. Joe Dugoni 2 yrs.
Mr. Tom O'Connor 2 yrs.
Ms. Candice Rengstl 2 "
Mr. Terry Cuson 1 yr.
Mr. Martin Mennes 1 "
Mr. Adolfo J. Vila Jr. "
LOCKERROOM RENOVATION:
The following bids on the renovation of the men's lockerroom
at the Country Club were received through the consulting firm,
Consultants Collaborative, Inc.:
C.N.H. CONSTRUCTION, INC. $31,400
JESSE DEVERAS 31,500
SELDIN CONSTRUCTION 35,605
WYMER CONSTRUCTION CORP. 36,196
CASTELLA CONSTRUCTION CO. 37,900
J & G ASSOC. 38,501
CENTURY CONTRACTING CO. 45,904
MILWAUKEE ELECT. CONSTRUCTION 59,805
In a report to Council Mr. Forney recommended the second
low bid of J. L. Deveras, for $31,500, based on the fact that the
low bid did not meet all specifications. It was also recommended
12/7/82
- 3 -
that the carpet at a low quotation of $25.50 per yard from
Elaine Cabell, jobber, be approved.
Mr. McIntosh moved that the recommended bid of J. L. Deveras
in the amount of $31,500 be accepted. The motion was seconded
by Mr. Spahn.
Mr. Rod Hubbard of C.N.H. Construction, protested this action
as low bidder, claiming the bid documents were sketchy and
items were not detailed. It was pointed out that Mr. Hubbard's
bid did not include the paving or painting of all the lockers.
Mr. McIntosh asked to withdrawn his motion because he felt the
specifications were not clear. Mr. Spahn did not withdraw the
second. Further discussion concerned the time element in
completing the work, as well as, whether or not a performance
bond was necessary.
The original motion to award the contract to J. L. Deveras was
voted on but failed to carry on a 2/2 vote with Mr. McIntosh
and Mrs. Jensen dissenting.
Mrs. Jensen then moved that the low bid of C.N.H. Construction
in the amount of $31,400 be accepted to include the asphalt
paving, painting of all lockers and the furnishing of a perform-
ance bond at an additional cost of $650.00. The motion was
seconded by Mr. McIntosh and passed 3/1 with Mayor Lodge dissenting
because of the addition of a performance bond.
Because of expediency Mr. Forney recommended waiving bid require-
ments on the purchase of carpeting with acceptance of the low
quotation. Mr. Spahn moved that the Council waive bid require-
ments and approve purchase of the carpet at $25.50 per yard
from Elaine Cabell, based the critical time element. The motion
was seconded by Mrs. Jensen and passed unanimously.
ORDINANCES:
(a) Re -defining Masonry Construction, first reading.
Following the Village Manager's explanation of the changes
being made in the definition of masonry construction and
maximum permissible flat roof area, Mr. McIntosh moved
approval on first reading. The motion was seconded by
Mr. Spahn and passed unanimously.
(b) Prohibiting sales between 1:00 and 6:00 a.m.,second reading.
Mr. Spahn°addoption on second reading. The motion was
seconded by Mr. McIntosh.
Representatives of Barnett Bank, Amerifirst, and Publix,
were present to voice objection to prohibition of night
depositories and automated tellers as presently in use
or being anticipated. It was pointed out to the Council
that there is a serious need for night depositories.
12/7/82
- 4 -
The Mayor asked for individual comments from the members of
Council on these unmanned banking facilities, with the
following results:
Mrs. Jensen - Yes to night depositories and tellers.
Mr. McIntosh - wanted the ordinance to become effective
within 45 days, as written.
Mr. Spahn - Yes to both
Mayor Lodge - Concurred with Mr. McIntosh on the 45 days.
The original motion and second were withdrawn. Mr. McIntosh moved
to adopt the ordinance as written with the exception that the
ordinance shall become effective 45 days after adoption. The
motion was seconded by Mr. Spahn and passed unanimously, same
being entitled:
ORDINANCE NO. 447-82
AN ORDINANCE AMENDING SECTION 501, ARTICLE V
OF ORDINANCE NO. 270, MIAMI SHORES VILLAGE,
FLORIDA; ADDING PARAGRAPH (v) PROHIBITING THE
SALE OF CERTAIN GOODS AND THE PERFORMANCE OF
CERTAIN SERVICES BETWEEN THE HOURS OF 1:00 A.M.
AND 6:00 A.M.; PROVIDING FOR EXCEPTIONS,
SEVERANCE CLAUSE AND EFFECTIVE DATE.
(c) Amending Historic Preservation Ordinance, 2nd reading.
The ordinance amending the Historical Preservation Ordinance
to meet all requirements for certification was approved
by motion made by Mr. Spahn, seconded by Mrs. Jensen and
passed unanimously, same being entitled:
ORDINANCE NO. 448-82
AN ORDINANCE AMENDING SECTION 112-6 AND SECTION
112-7 THRU PARAGRAPH (a) (1), OF THE CODE OF
ORDINANCES OF MIAMI SHORES VILLAGE, TO CLARIFY
THE INTENT OF THE MIAMI SHORES VILLAGE HISTORIC
PRESERVATION ORDINANCE.
(d) Amending Code Enforcement Board Ordinance, 2nd reading.
To comply with changes required by State law, an amendment
was written to the Village ordinance on Code Enforcement
which included increasing the number of Board members to
seven, reducing the maximum daily fine, limiting duration
of liens to two years, and other minor changes.
Upon motion made by Mr. McIntosh, seconded by Mrs. Jensen
and carried unanimously, this ordinance was approved as
follows:
12/7/82
- 5 -
ORDINANCE NO. 449-82
AN ORDINANCE AMENDING SECTIONS 2-22, 2-24, 2-26 AND
2-27 INCL., OF THE CODE OF ORDINANCES OF MIAMI
SHORES VILLAGE, TO COMPLY WITH CHANGES REQUIRED BY
CH. 82-37, F.S., IN REGARD TO LOCAL GOVERNMENT CODE
ENFORCEMENT BOARDS.
RESOLUTION:
(a) Re -opening account at Peoples 1st National Bank of Miami Shores.
A standard bank resolution covering the signatures of the
Mayor and Village Manager, was approved by motion made by
Mr. McIntosh, seconded by Mr. Spahn and passed unanimously,
same being entitled:
RESOLUTION NO. 747-82
RECOMMENDATION OF PENSION BOARD FOR NEW TRUSTEE:
Mr. Forney reported that following interviews with investment
managers and banks it was the unanimous decision of the Pension
Board that North Caroline National Bank be named as the new
Pension Trustee. This action was approved by motion made by
Mr. Spahn, seconded by Mr. McIntosh and passed unanimously.
VILLAGE MANAGER'S REPORT:
(a) Disposal fees - Notified by Metro that the fees are being
reduced which will result in a saving to the Village of
$52,000.00 this fiscal year.
(b) 96th Street Park - steps being taken by Police and Public
Works to maintain better service.
(c) Audit - Mr. Forney suggested that this be taken up at
the first regular meeting in January.
ANNOUNCEMENTS:
(a)
(b)
(c)
(d)
12/9/82, 7:00 p.m. Christmas Program at Community Center,
tree lighting and arrival of Santa.
12/10/82, Art Exhibit at Country Club 7-9 p.m.
"Office Party" at Country Club, 12/23/82, noon to 3 p.m.
Holiday Open House at Country Club, 12/26/82, 1 to 4:00 p.m.
COUNCIL COMMENTS:
Mrs. Jensen mentioned that another massage parlor had opened on
7th Ave.
Mr. McIntosh commended Mayor Lodge and his Task Force on their
projects and programs.
12/7/82
- 6 -
Mayor. Lodge announced that the Village Clerk had received
word from Mr. Leahy, Supervisor of Elections, that he will
recommend to the County Commission that a new precinct
be created with a portion of the present Precinct 408
for Village residents only with a polling place in the Village.
PUBLIC COMMENTS:
Mr. Terry Cuson reported on a service being provided by the
Care Unit of the North Miami General Hospital wherein.
over the holidays a persons who is under the influence of
liquor may call a Care Cab for a ride home.
ADJOURNMENT: 9:35 p.m.
APPROVED
obert J. Lodge
Village Clerk