02-19-1991 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
FEBRUARY 19, 1991
The regular meeting of the Miami Shores Village Council
was held on Tuesday, February 19, 1991, at the Miami Shores
Village Hall commencing at 7:35 p.m. with the following
members present:
Mayor Courtney
Herb Spahn
Stephen Loffredo
Steven J. Johnson
Also present: Gall Macdonald
William F. Fann
Absent: Spero Canton
The invocation was delivered by Father Oscar Brentome from Saint
Martha's Catholic Church.
ITEM *1 MINUTES
Mr. Loffredo moved approval of the minutes from the Regular
Council Meeting of 2/5/91. Mr. Spahn seconded the motion and
the vote was unanimous In favor. Mayor Courtney acknowledged
receipt of the minutes from the following meetings:
Recreation Advisory Committee 1/14/91
Planning and Zoning Board 1/10/91
ITEM *2 APPOINTMENT TO THE CODE ENFORCEMENT BOARD Ms. Macdonald
explained the background and listed the names of the applicants.
The vote was taken by paper ballot and Is as follows:
Johnson Patnlck
Courtney Patnick
Spahn Henderson
Loffredo Henderson
The vote was taken again and was the same. Mayor Courtney stated
that the Item will be deferred until the March 5th meeting when
all Council members are expected to be present.
ITEM *3 REQUEST TO ENGAGE LEGAL COUNSEL FOR ASSISTANCE WITH EPA
INVESTIGATION. Ms. Macdonald reviewed the background and
recommended retaining the law firm of Kubickl, Bradley, Draper,
Gallagher and McGrane. She also asked for $25,000 to establish a
legal contingency fund and to have Kubicki et el represent the
Village In the Superfund Steering Committee. Ms. Betsy Gallagher
reviewed the experience of her firm with the EPA. Mayor Courtney
asked Ms. Gallagher if she would pursue attorney's fees from
Travelers Insurance Company. Ms. Gallagher replied that her main
thrust would be to get attorneys fees from Travelers. Mr.
Loffredo asked when the original Incident occured. Ms. Macdonald
replied In 1973. Mr. Fann stated that it Is essential that Miami
Shores gets involved In the committee at an early stage. He
stated that the damages could Increase greatly If the Village
delays. Mayor Courtney stated that the cost of engaging a law
firm will create a financial hardship on the Village. Mr. Spahn
stated that the Village should be on the committee to protect
It's Interests. Mr. Fann stated that the Village should
participate In the committee and at the same time continue to
deal with Travelers. .Mr. Loffredo stated that It was too great
an expense to hire a law firm at this time for the Improper
disposal of 6 barrels of oil. He stated that the Village has no
previous knowledge that the oil was being improperly disposed of.
He also stated that one of the members of Council could represent
the Village on the committee. Mr. Donald Fann spoke about what
would happen If the Village does not get Involved in the
committee. Mayor Courtney asked for the Lawyers to come back in
a very short period of time with a report of what the position of
the Village Is and a projection of the future costs. Ms.
Gallagher recommended that a letter be sent to Travelers holding
them responsible If they don't get Involved at this time. Mr.
Donald Fann stated that the Village must be In the committee and
that the EPA will not deal with the Village directly. Mr. Spahn
moved to follow the administrations recommendation to hire the
law firm as stated to do both jobs: go after the Village's
Insurance company, to make sure that the Village Is properly
represented on the committee to protect the Village's Interest
and to report back to Council In 90 days or the next Council
meeting after the committee meets. Mr. Johnson seconded the
motion and the vote was as follows:
Spahn - Yes
Johnson - Yes
Courtney - Yes
Loffredo - No
The motion carried.
ITEM *4 REQUEST TO CLOSE ALLEY BETWEEN NE 110TH AND 111TH
STREETS AT N. MIAMI AVENUE AND NE 2ND AVENUE. Ms. Macdonald
explained the background and recommended approval. Mr. Spahn so
moved. Mr. Loffredo seconded the motion and the vote was
unanimous In favor.
ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING A COLOR WHEEL
OF APPROVED RESIDENTIAL HOUSE COLORS. Mr. Spahn reviewed the
background of the Item and the permit process for painting of
homes. He suggested that the Village draw up an ordinance
regulating the colors that would be legal. Mr. Fann spoke about
how Coral Gables handles that situation. He said an ordlnance
would solidify the current procedure. Mr. Lubien explained the
permit process. Mr. Spahn asked for the item to be placed on the
agenda again and provide the Council members with examples of the
colors that are currently allowed. Mr. Loffredo suggested
providing the Council with examples of the allowable colors and
waiting until Mr. Canton is present to continue the discussion.
Mr. Richard Fernandez stated that the only problem that the
Village has with this matter Is with people who do not get
permits. Mr. Fann stated that the colors must be decided on In
advance for an ordlnance to be developed. Mr. Johnson stated if
an ordlnance is created it will encourage people to not comply
with the law because of the hassle it will create. Mr. Spahn
stated that all he wants to do Is create an ordinance to do what
is currently being done and have It be legal.
ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING DADE COUNTY
SCHOOL BOARD'S "ABC" COMMITTEE. Due to Mr. Canton's absence,
Mayor Courtney deferred this Item until a later date.
ITEM *7 ANNOUNCEMENTS
Mayor Courtney read the announcements.
ITEM *8 COUNCIL COMMENTS
Mr. Johnson stated that he is running for Council to keep his
seat.
Mr. Loffredo stated that he Is also running for Council. He also
spoke about softball.
Mayor Courtney spoke about the portables at Barry University and
State School V.
ITEM *9 PUBLIC COMMENTS
Mr. Joe Dugonl spoke about street closures and schools.
Mr. Jim Condit spoke about traffic on 96th Street and a guard
house on 96th Street.
ITEM *1O ADJOURNMENT
The meeting was adjourned at 9:02.
Attest: Gall Macdonald
Village Clerk
By:
Scott W. Davis
Deputy Village Clerk
Henry Courtney
Mayor