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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