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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