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