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01-21-1992 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING JANUARY 21, 1992 The regular meeting of the Miami Shores Village Council was held on Tuesday, January 21, 1992, at the Miami Shores Village Hall commencing at 7:35 p.m. with the following members present: Mayor Johnson Henry T. Courtney Herb Spahn Stephen Loffredo Robert Cook Also present: Galt Macdonald William F. Fann ITEM *1 MINUTES Mr. Spahn moved approval of the minutes from the 1/7/91 Regular Council meeting. Mr. Loffredo seconded the motion and the vote was unanimous In favor. Mayor Johnson acknowledged receipt of the minutes from the following meetings: Pension Board 11/21/91, 12/11/91 Country Club Advisory Board 12/23/91 Recreation Advisory Committee 12/9/91 Code Enforcement Board 1/2/92 ITEM *2 REQUEST FOR AUTHORIZATION TO DEFER LITIGATION PURSUANT TO EPA INVESTIGATION. Ms. Macdonald reviewed the background and recommended at this time to defer any action. She Introduced Mr. Donald Fann and Ms. Betsy Gallagher from the law firm of Kubicki, Draper et al. Ms. Gallagher stated that there would be no harm in delaying any action. Mr. Donald Fann reviewed the progress with the EPA case and the different phases of clean up. Mr. Cook asked If Miami Shores contributed any oil to the site. Mr. Donald Fann replied that 6 barrels have been Identified as of this time. He also discussed the possibility of a de minimis group being formed to limit liability of parties In the EPA action, such as the Village, which had a nominal amount of waste oil Involved In that site. Mr. Loffredo inquired about the statute of limitations in this case. Ms. Gallagher replied 5 years from the date of denial of claim by Travelers. Mr. Courtney asked about the reasons for Travelers denial of coverage. Ms. Gallagher stated that the reasons included: 1. No claim for damages by the Village 2. Cost to Investigate and remediate is not property damage 3. Pollution exclusion In policy applies 4. Village gave late notice Mr. Loffredo moved to accept the Village Manager's recommendation with regard to pending Litigation against Travelers and defer a decision on bringing an action against them based upon their denial of the Village's insurance coverage for a period of six months from this date. Mr. Courtney seconded the motion and the vote was unanimous In favor. Mr. Courtney requested that the Village Manager report to the Council the costs thus far and what the original budgeted amount was. ITEM *3 AWARD OF BID TO RESURFACE POOL TUB AND APPROPRIATION OF ADDITIONAL PROJECT FUNDING. Ms. Macdonald reviewed the background and recommended that the bid be awarded to the low bidder, Smith Sandblasting, in the amount of $18,500 and that the Village Council authorize the additional appropriation of $997 from the contingency for swimming pool repairs. Mr. Courtney stated that he was concerned that the first protect Is over budget by approximately $5000 from the figure given by HJ Ross. He moved to accept the Village Manager's recommendation and the appropriation request. Mr. Loffredo seconded the motion and stated that he was concerned that the engineers are off on the price by so much. Mr. Varney stated that the specifications have been reviewed with the low bidder and previous Jobs performed by Mr. Smith have been checked and they were satisfactory. Mr. Spahn suggested that the Village Manager send HJ Ross a letter regarding their estimate of the cost of repairs for the pool. The vote was unanimous In favor for the motion on the floor. ITEM *4 AWARD OF BID FOR FUEL STORAGE TANKS AND APPROPRIATION OF ADDITIONAL PROJECT FUNDING. Ms. Macdonald reviewed the background and recommended that the bid be awarded to the low bidder, Service Station Aid, Inc. and that the bid be awarded on the basis of replacing all three tanks at Public Works with two 6,000 gallon double walled fiberglass tanks and removing and abandoning the Police Department gas tank. She further recommended that the Village Council allow the transfer of $12,103 from the tub chipper protect, $12,500 from the street lighting protect and the appropriation of $5,367 In unbudgeted Interest earnings from the Capital Improvement Fund. Mr. Spahn asked Mr. Benton when the protect would be finished. Mr. Benton replied 2-3 weeks. Mr. Cook spoke about a process to determine if there Is a leak In the system. Mr. Benton reviewed the history of the tanks and stated that it has been determined that there Is a problem with the Village Hall tank. Mr. Loffredo asked why the protect Is so far above the budgeted amount. Mr. Benton replied that at budget time the Village did not know of the problem with the tank at Village Hall. Mr. Benton stated that the open end of the Job Is removal and replacement of contaminated soil. Mr. Courtney stated that he was concerned with the police traveling to the Public Works yard to get gas. Deputy Chief Brenton reviewed the time to fuel at Public Works vs. fueling behind the station. Mr. Benton reviewed the Dade County DERM involvement with the Village tanks. Mr. Cook asked If the Village needs to do the work now or if it can wait. Mr. Benton replied that the work must be completed because the ground is contaminated. Mr. Spahn moved to award the bid for fuel storage tanks and allow the Village Manager to appropriate the additional project funds as she recommended. Mr. Loffredo seconded the motion and the vote was unanimous In favor. ITEM *5 AN ORDINANCE AMENDING SECTION 2-81 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, LIMITING ACCUMULATED FINES FOR A SINGLE OFFENSE TO A TOTAL OF TEN THOUSAND DOLLARS ($10,000); PROVIDING EFFECTIVE DATE. Second and final reading. Mayor Johnson read the caption of the ordinance and Ms. Macdonald reviewed the background and recommended approval. Mr. Loffredo moved approval on second reading. Mr. Spahn seconded the motion and stated that the Village will reduce any outstanding fines over $10,000 back to the $10,000 level. Ms. Macdonald concurred. Mr. Spahn stated that the Village may have to litigate more cases In order to get the fines. He asked for a report from the Village Manager regarding the disposition of the cases. Mayor Johnson asked for mileage patrolled by code enforcement officers to be Included on the monthly code enforcement reports. The vote was unanimous for the motion on the floor. ITEM *6 DISCUSSION REGARDING BURGLAR ALARM FINES. Mr. Spahn reviewed the background and discussed the article In the Miami Herald. He suggested a $25 fine for false alarm number 4, 5, and 6 because the Village Is too tough and the new ordinance will hurt some people. Mr. Loffredo stated that he would like to give the new ordinance a try In Its present form. He stated that If it proves to be a burden the Council can revisit the Issue. Mr. Cook asked about the cost to respond to false alarms. Ms. Macdonald responded $45-$50. Mr. Cook suggested having a rate that would cover costs. Mr. Cook and Mayor Johnson suggested reviewing the ordinance in 6 months and getting a report from the Village Manager outlining the number of false alarms for residential and commercial. ITEM *7 PRESENTATION OF PROPOSAL FOR VITACOURSE ON FIVE ACRES NORTH OF COUNTRY CLUB. Mayor Johnson Informed the Council that the Item had been withdrawn. ITEM *8 ANNOUNCEMENTS Mayor Johnson read the announcements. ITEM *9 COUNCIL COMMENTS Mr. Spahn spoke about a vltacourse on the N. five acres. Mr. Cook spoke about the Dade County Youth Fair. Mr. Courtney spoke about the Taste of the Shores, March 22nd on Grand Concourse. ITEM *10 PUBLIC COMMENTS Mr. Mike Boyle spoke about the Cable TV franchise public hearing being held at the Community Center. Mr. Jim Condit spoke about the traffic survey and the cost of checking intersections and what he feels needs to be done to alleviate traffic problems. ITEM *11 ADJOURNMENT The meeting was adjourned at 8:47 p.m. Attest: Gall Macdonald Village Clerk By: Scott W. Davis Deputy Village Clerk Steven Mayor