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10-05-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING OCTOBER 5, 1993 The Regular Council meeting of the Miami Shores Village Council was held on October 5, 1993, at the Miami Shores Village Hall commencing at 7:30 p.m. with the following members present: Present: Mayor Heffernan Robert Cook Richard Fernandez Michael Boyle Steven J. Johnson Also present: Tom Benton Scott W. Davis ITEM *1 MINUTES Mr. Boyle moved approval of the minutes from the Regular Council meeting of 9/21/93. Mr. Johnson seconded the motion and the vote was unanimous in favor. Mayor Heffernan requested that the minutes from the Regular Council Meetings of 9/21/93 be amended. The approval of the minutes from the Special Council meeting of 9/22/93 was deferred until the next Council meeting. Mayor Heffernan acknowledged receipt of the minutes from the following meetings: Fine Arts Commission 9/14/93 Beautification Advisory Committee 9/23/93 Planning and Zoning Board 9/9/93 Mr. Fernandez arrived at this time. ITEM *2 APPOINTMENT TO MIAMI SHORES BOARDS AND COMMITTEES: Mr. Cook stated that he spoke to the Florida Ethics Board and to the Village Attorney and that he did not have a conflict regarding voting on the appointments to the Village Boards especially the Planning and Zoning Board. Mr. Benton Introduced the Item and Instructed the Council on the procedure for the selection of the board members. Beautification Advisory Committee Mr. Cook moved that Donna Baxter, Robin Gart and Shirley Rodreguiz be reappointed to the Beautification Advisory Committee. Mr. Johnson seconded the motion and the vote was unanimous In favor. Code Enforcement Board Mr. Ivor Hegedus and Mr. Thomas Septembre spoke on their own behalf. Mr. Taddeo withdrew his name from the list of applicants. The vote was taken by paper ballot and Mr. Caldwel Mr. Owens and Mr. Hegedus were appointed. Country Club Advisory Board Ms. Agnes Aspinall spoke on her own behalf. Ms. Robin Gart withdrew her name. Mr. Joe Charles spoke on behalf of Mr. Schwartz. The vote was taken by paper ballot and Mr. Richard Thornton, Mr. Joseph Schwartz and Ms. Agnes Aspinall were appointed to the Board. Fine Arts Commission Mr. Benton informed the Council that Ms. Robin Abadie called and that she could not attend the Council meeting. Mr. Gregg Adams spoke on behalf of himself and Ms. Abadie. Mr. John Baldwin and Ms. Margaret Mahoney spoke on their own behalf. The vote was taken by paper ballot and Mr. Gregg Adams and Ms. Robin Abadie were reappointed to the Commission. Historic Preservation Board Mr. John Baldwin, Ms. Kimberly Logan -Hynes, Mr. Thomas Septembre, Ms. Maria Tempkin and Mr. Warren Von Bittner spoke on their own behalf. The vote was taken by paper ballot and Ms. Tempkin and Mr. Von Bittner were appointed to the Board for full terms and Ms. Logan -Hynes was appointed to a partial term. Library Board Mr. Cook moved to reappoint Ms. Alice Burch to the full term vacancy and Richard Sarafan to the one partial term ending In 1997. Mr. Fernandez seconded the motion. Ms. Burch and Mr. Sarafan spoke on their own behalf. The vote was unanimous In favor. Pension Board Mr. Cook moved that Joseph Charles and Mr. Walter Latimer be appointed as regular Board Members and Mr. Richard Trumble be appointed as the employee board member for the Pension Board. Mr. Johnson seconded the motion and the vote was unanimous In favor. Planning and Zoning Board Mr. Benton advised the Council that Mr. Cliff Walter had called to inform the Council that he could not attend the meeting. Discussion ensued regarding residency requirements of Planning Board members. The discussion revolved around Mr. Laubenthal specifically. Mr. Robert Blum spoke on his own behalf. Mr. Boyle asked Mr. Blum to review his relationship with Mr. Cook's business. Mr. Blum responded. Mr. Michael Dorn, Mr. Franklin Grau, Mr. Louis Imburgia and Mr. Charles Smith spoke on their own behalf. Mr. Ivor Hegedus and Mr. Thomas Septembre withdrew their names from the running. Mr. Fernandez spoke on behalf of Mr. Walters and Mr. Smith. He spoke about the Importance of experience on the Board. He also spoke in favor of Mr. Blum and the contributions of Mr. Imburgia to the Village. The vote was taken by paper ballot and Mr. Walters, Mr. Smith and Mr. Blum were appointed to the Board. Recreation Advisory Committee Mr. Benton stated that Mr. Gary Pappas called and asked to be reappointed. Mr. Fernandez reviewed the code requirements of the makeup of the Committee. Mr. Cook moved to appoint Master Ryan Hampton to a special one time only appointment as a teenage member for a two year term to the Recreation Advisory Advisory Board. Mr. Johnson seconded the motion. Mr. Ryan Hampton introduced himself to the Council. Mr. Fann stated that the Committee has no authority and if any action is taken then the ordinance setting the requirements of the makeup of the Committee should be changed. The vote was taken for the motion on the floor and was unanimous In favor. Ms. Robin Gart Mr. Ron Marrocco and Mr. Frank Taddeo all spoke on their own behalf. The vote was taken by paper ballot and Mr. Frechett, Ms. Gart and Mr. Pappas were appointed to the Committee. Personnel Appeals Board Mr. Johnson moved to appoint Mr. Walter Latimer and Mr. Richard Thornton to the two full term vacancys and Mr. Jonathan Thiele to the partial term vacancy. Mr. Cook seconded the motion. Mr. Thelie spoke on his own behalf. The vote was unanimous In favor. ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL OF VILLAGE MANAGER CONTRACT FOR MICHAEL COUZZO. Mr. Benton introduced the Item. Mr. Fernandez stated that he had a number of problems with the contract and they are as follows: 1. The automatic renewal portion of the contract 2. The 60 day notice for the Village Manager to resign 3. Compensatory time 4. No clause advising the Council if the Manager Is out of town longer than 24 hours. 5. The consulting clause for the Manager 6. The leave time requested for the month of November as paid leave. Mayor Heffernan Introduced Mr. Michael Couzzo. Mr. Couzzo stated that he has no problem In changing the language to eliminate the automatic renewal clause. He stated that 90 days is too long for a new employer to wait for him If he should seek other employment. The consensus of Council was to leave 60 days In the contract for the Manager to give notice if he should resign. Mr. Couzzo explained his views on the use of compensatory time. Mr. Fernandez clarified that no monetary compensation Is Involved. Mr. Couzzo agreed. Mayor Heffernan stated that it Is a policy Issue regarding keeping the Council informed if the Manager should be out of town. Mr. Couzzo stated that he would keep the Council Informed. Mr. Cook suggested informing the Council well In advance. Regarding consulting, Mr. Fernandez stated that he was strongly against having the Manager consult outside of the Village. Mr. Couzzo stated that he currently Is not engaged In consulting at this time. He stated that he was more Interested in speaking or teaching In the future. Mayor Heffernan suggested language excluding normal Village working hours to engage in consulting. Mr. Couzzo agreed. Mr. Fernandez suggested eliminating language In the contract referring to consulting. Mr. Couzzo stated that he had no problem as long as teaching and counseling are left in. Mr. Couzzo suggested using non -compensated time for dates In November and early December that he would be attending a family wedding. Mr. Johnson moved that the Council authorize the interim Village Manager to execute the contract discussed, with the modifications agreed upon by Mr. Couzzo and Council. Mr. Boyle seconded the motion and the vote was unanimous In favor. ITEM *4 A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ADOPTING A CAFETERIA PLAN WITHIN THE CONTEXT OF SECTION 125 OF THE INTERNAL REVENUE CODE FOR THE BENEFIT OF THE VILLAGE'S ELIGIBLE EMPLOYEES. Mayor Heffernan read the caption of the resolution. Mr. Benton explained the resolution and recommended approval. Mr. Fernandez moved for approval. Mr. Johnson seconded the motion and the vote was unanimous In favor. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING THE CONDITION OF THE PLAYING FIELDS AT MIAMI SHORES ELEMENTARY SCHOOL. Mr. Fernandez Introduced the Item and stated that the field at Miami Shores Elementary School has hazardous conditions. He stated that it could cost $30,000-$100,000 to rectify the field situation. Ms. Paula. Del Pech, the PTA president, stated that she Is In agreement with the VIIIage If any action is to be taken. Mr. Boyle stated that he commends Mr. Fernandez for bring the issue to the attention of the Council. Ms. Del Pech stated that this is not a PTA problem that it Is a School Board problem. She stated that the PTA has set aside funds to help with the problem. Mr. Cook spoke about some portables that will remain at the school for emotionally handicapped students that are going to be brought in from out of the VIIIage boundaries. The Council discussed the creditability of Della Zaire and the consensus of Council was that there has never been a problem with her creditability. Mr. Prospero Herrera gave suggestions on how to get the Job done In the school system. ITEM *6 ANNOUNCEMENTS Mayor Heffernan read the announcements. ITEM *7 PUBLIC COMMENTS There were no public comments. ITEM *8 COUNCIL COMMENTS Mr. Fernandez spoke about the Garden Club's donation of a tree at the Tot Lot and the Interest shown regarding residents serving on Boards. Mr. Cook spoke about an article In the paper about Mr. Boyle. and thanked the Herald reporter. Mr. Boyle thanked the Herald reporter for the newspaper article. He stated that it was nicely done. He also stated that he was impressed with the applicants for Miami Shores Boards. Mayor Heffernan spoke about the Mayor's Task force and the neighborhood meetings that they are conducting. ITEM *9 ADJOURNMENT The meeting was adjourned at 10:33 p.m. Scott W. Davis Village Clerk William Mayor ernan