12-06-1994 Regular MeetingMiami Shores Village
Regular Council Meeting
December 6, 1994
The regular meeting of the Miami Shores Village Council was
held on December 6, 1994 at the Village Hall, commencing at
7:35 p.m. with the following members present:
Present:
Also Present:
Mayor Heffernan
Michael Boyle
Richard Fernandez
Steven Johnson
Robert Cook
Michael R. Couzzo, Jr.
Scott W. Davis
William F. Fann
Mr. Varney presented a plaque to Ms. Ann Sabina for years of
service to the Village.
Mr. Warren Von Bittner presented an historic landmark plaque
to Jorge and Nancy Ardura owners of residence at 113 N.E. 101
Street.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
1. Regular Council Meeting 11/1/94
2. *Recreation Advisory Committee 9/12/94, 10/10/94
3. *Planning and Zoning Board 10/13/94, 10/27/94
4. *Code Enforcement Board 11/3/94
(* Items presented for Council receipt only)
B. AWARD OF CONTRACT TO ZAMBELLI INTERNATIONALE FOR 4TH OF
JULY FIREWORKS PRESENTATION IN THE AMOUNT OF $6,000.
C. AWARD OF BID FOR 25 YARD GARBAGE TRUCK TO SOUTH FLORIDA
MACK WITH THE LEACH PACKER IN THE AMOUNT OF $83,488.
D. AWARD OF BID FOR PARKS DIVISION WATER TRUCK TO THE LOW
BIDDER, ATLANTIC FORD TRUCK SALES, IN THE AMOUNT OF
$37,904.
E. AWARD OF BID FOR BRUSH (DISC) CHIPPER FOR PARKS DIVISION
TO THE LOW BIDDER, ALTEC INDUSTRIES, IN THE AMOUNT OF
$17,500.
F. AWARD OF BID FOR 1995 OPEN BODY DUMP TRUCK TO THE LOW
BIDDER, RECHTIEN INTERNATIONAL, IN THE AMOUNT OF $28,537.
The Village Clerk read the items on the consent agenda. Mr. Boyle
O
moved approval of the consent agenda. Mr. Fernandez seconded the
motion and the vote was unanimous in favor.
Mr. Alvino Monk made a presentation regarding the Greater Miami
Black Resource Guide.
ITEM #2 DISCUSSION AND POSSIBLE ACTION REGARDING ENTERING INTO A
CONTRACTUAL AGREEMENT WITH MICHAEL ZOOVAS TO PROVIDE SERVICES AS
POLICE CHIEF FOR THE VILLAGE. Mr. Michael R. Couzzo, Jr. reviewed
the background and recommended that the Council approve the
contract with Chief Zoovas. Mr. Cook stated that the contract is
a win win situation and that he supports the proposal. Mr.
Fernandez moved to approve the contract as recommended by Mr.
Couzzo. Mr. Johnson seconded the motion. Mr. Fernandez expressed
a debt of gratitude to Chief Zoovas and Mr. Couzzo. Mayor
Heffernan stated that he was proud of Miami Shores Police Chief
and that the contract is a win win situation for everybody. Mr.
Johnson stated that he applauded Mr. Couzzo and the Chief for
working out the details of the contract. Mr. Boyle stated that
Chief Zoovas enjoys an impeccable reputation in the law
enforcement community. He stated that he was concerned with
setting a precedent with other employees. Mayor Heffernan spoke
about the good relationship between the Manager and the Chief.
The vote was taken on the motion and was unanimous in favor.
Chief Zoovas thanked the Council and made a few comments regarding
his career in Miami Shores.
ITEM #3 BUILDING AND ZONING DEPARTMENT: Mr. Frank Lubien
a. Request for variance to re -roof with asphalt
shingles.
This item was withdrawn at the request of the Village Manager and
the petitioner.
ITEM #4 DISCUSSION AND POSSIBLE ACTION REGARDING THEATER GRANTS.
Mr. Johnson reviewed the background and stated that he is looking
'for approvalof the 12 mini grants of $887.50 per month. Mr.
Boyle asked that the item be put off until the next Council
meeting. Mr. Fernandez also asked that it be placed on a future
agenda. Mayor Heffernan asked to wait until the next meeting and
asked for an up date on other grants that were discussed at past
meetings. Mr. Steve Neil from the theater stated that the theater
has kept current with the rent and that they can stay afloat for
another month.
ITEM #5 VILLAGE CLERK: Mr. Scott Davis
A. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING
PARAGRAPH (4) OF SECTION 224 OF ORDINANCE NUMBER 270,
AS AMENDED; ADDING SUBPARAGRAPH (4) (J) AUTHORIZING THE
USE OF RIGID CEMENTIOUS FIBRE ROOFING SHINGLES INSTEAD
OF TILE OR SLATE IN CERTAIN CIRCUMSTANCES; PROHIBITING
THE USE OF FLEXIBLE LAMINATED FIBERGLASS AND ASPHALT
SHINGLES; PROVIDING EFFECTIVE DATE.
The Village Clerk read the caption of the ordinance and explained
the background. Mr. Fernandez stated that the material discussed
in the ordinance is not approved by Dade County. Mr. Cook spoke
about the disorganization of the County. There was no action
taken on the ordinance.
B. AN ORDINANCE AMENDING SECTION 518 (B) OF MIAMI SHORES
VILLAGE, ORDINANCE NUMBER 270, AS AMENDED; LIMITING
AUTHORIZED FENCING MATERIALS FOR CERTAIN CORNER LOTS;
PROVIDING EFFECTIVE DATE.
The Village Clerk read the caption of the ordinance and explained
the background. Mr. Fernandez asked that for the second reading,
the minutes of the P&Z Board be provided when the ordinance is
discussed. Mr. Boyle moved approval of the ordinance on first
reading. Mr. Johnson seconded the motion and the vote was
unanimous in favor.
C. A RESOLUTION DECLARING THE RESULTS OF
VILLAGE SPECIAL ELECTION ON MIAMI
CHARTER AMENDMENTS HELD ON NOVEMBER 8,
Due to an error in the figures presented in the
item was tabled until the January 3rd meeting.
D.
THE MIAMI SHORES
SHORES VILLAGE
1994.
resolution the
RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL
ACCEPTING THE RECOMMENDATION OF THE HISTORIC
PRESERVATION BOARD TO DESIGNATE THE PROPERTY AT 622
N.E. 98 STREET A MIAMI SHORES HISTORIC LANDMARK AND
INSTRUCTING THE VILLAGE CLERK TO RECORD THE HISTORICAL
LANDMARK COVENANT IN THE PUBLIC RECORDS OF METROPOLITAN
DADE COUNTY.
The Village Clerk read the caption of the resolution. Mr. Warren
Von Bittner described the background. The home owner, Dr. Guy
O'Grady, presented a picture of the home from 1933. He stated
that he is attempting to restore the home to the original
appearance. Mr. Von Bittner outlined the requirements for
Historical Landmark designation. Mr. Johnson moved approval. Mr.
Boyle seconded the motion and the vote was unanimous in favor.
ITEM #6 PUBLIC WORKS: Mr. Tom Benton
a. REQUEST TO WAIVE BID PROCEDURE, PURCHASE PRESSURE
CLEANER FOR $18,754 AND ALLOCATE FUNDS FROM THE
CONTINGENCY FUND.
Mr. Benton reviewed the background and described the pressure
cleaner. Mr. Fernandez asked for the balance of the contingency
fund. Ms. Varney replied that the balance is $26,000. Mayor
Heffernan asked what the life expectancy of the pressure cleaner
is. Mr. Benton stated 10 years. Mr. Johnson spoke about the time
that it takes to clean a side walk. Mr. Johnson moved to waive
the bid procedure, purchase pressure cleaner for $18,754 and
allocate funds from the contingency fund. Mr. Fernandez seconded
the motion. Mr. Cook stated that he was concerned that the
Village is at 50 % of the contingency fund. He suggested
postponing the purchase until next summer. Mr. Fernandez spoke
about the appearance of 2nd Avenue. Mr. Boyle stated that he
agrees with Mr. Cook and that the contingency fund is for emergen-
cies and that the purchase should be posponed. Mr. Couzzo spoke
about savings in other areas of the budget which would cover the
cost of the pressure cleaner. He described the use of the
contingency fund in response to a question by Mr. Fernandez.
Mayor Heffernan asked who owned the sidewalks on 2nd Avenue. Mr.
Benton replied that it was the County. Mr. Boyle stated that it
should not be the Village's responsibility to clean the sidewalks
on 2nd Avenue in the business district. Mayor Heffernan stated
that he was in favor of the purchase and spoke about the Village's
finances. He stated that it
was
The
taken and was as follows:
Heffernan - Yes
Johnson - Yes
Fernandez - Yes
Boyle - No
Cook - No
motion carried.
was a prudent investment. The vote
ITEM #7 DISCUSSION BY COUNCILPERSON FERNANDEZ REGARDING ITEMS
OF CONCERN.
The Village Clerk read the backup which consisted of the
following: Discussion concerning the right of the public to
question elected officials and hold them to high ethical
standards, versus the right of elected officials as private
persons, not to have their name and business reputations smeared
by unfounded accusations, nor their personal assets depleted in
defense of unfounded accusations. Mr. Fernandez delivered a
prepared statement on the subject. Mr. Johnson applauded Mr.
Fernandez on his comments and stated that it is a difficult
subject to address. Mr. Boyle commended Mr. Fernandez for
tackling the issue. Mr. Cook stated that Council persons serve,
not for financial gain, rather for the good of the community.
Mayor Heffernan stated that he was glad too see support for Mr.
Fernandez from the rest of the Council.
ITEM #8 ANNOUNCEMENTS:
The Clerk read the announcements.
ITEM #9 PUBLIC COMMENTS
Ms. Loretta Olson:
Mr. Terrell Chambers:
Mr. Ed Harrigan:
Mr. Michael Maguire:
Mr. Brian Smith:
Stated that she was proud of Miami
Shores.
Spoke about cleaning the sidewalks in
the Shores.
Spoke about the size of the
contingency fund and the theater
requests for funding.
Spoke about the 3 minute time limit
for public comments.
Spoke about the purchase of equipment
and the theater request.
ITEM #10 COUNCIL COMMENTS
Mr. Fernandez spoke about Christmas.
Mr. Boyle spoke about Tropical Storm Gordon and the good work
performed by Mr. Benton and his crews in removing water from the
East side of town. He stated that we have a great Village with
great employees.
Mayor Heffernan wished everybody a happy holiday and spoke about
the Miami Shores Tree Lighting, the Mayor's Task Force and Unity
Day.
Signature page for
December 6, 1994 minutes.
ITEM #11 ADJOURNMENT
The meeting was adjourned at 9:27 p.m.
Attest:
Scott W, Davis
Village Clerk