06-01-1993 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
JUNE 1, 1993
The regular meeting of the Miami Shores Village Council
was held on June 1, 1993, at the Miami Shores Village Hall
commencing at 7:30 p.m. with the following members present:
Present:
Also present:
Mayor Heffernan
Steven J. Johnson
Robert Cook
Richard Fernandez
Michael Boyle
Tom Benton
William F. Fann
Scott W. Davis
ITEM *1 MINUTES
Mr. Johnson moved approval of the minutes of the Special Council
meeting of 5/11/93 and Mr. Boyle seconded the motion. Mr.
Fernandez requested that the minutes be amended to state that it
was the Mayor's suggestion to have volunteers paint the library.
He also asked that in the discussion of waste fees it be
mentioned that Mr. Fernandez objected to the use of debt solely
for the ease of accounting when the actual cost to the
taxpayers. Mayor Heffernan also requested that Item *1 be
amended to reflect that he stated that at the last meeting he
was opposed to the motion to accept the previous manager's
resignation and that he felt that this unnecessary expense was
the result of that vote but that In the Interest of showing
unanimous support for Mr. Benton he would vote for the
motlon.would be significant. The vote was taken and was
unanimous in favor. Mr. Johnson moved approval of the minutes
from the Regular Council meeting of 5/18/93 and Mr. Fernandez
seconded the motion. Mayor Heffernan asked that the minutes be
amended to reflect that he clarified rather than stated that the
motion gave the Village Manager the authority to lay out $26,500
and collect from the other parties. The vote was unanimous in
favor. Mayor Heffernan acknowledged receipt of the minutes from
the following
meetings:
Pension Board 5/13/93
Planning and Zoning Board 5/13/93
ITEM *2 PLANNING AND ZONING ITEMS
a. Request for approval of detached "No Parking" sign.
Jay Stein, M.D.
9699 N.E. 2 Avenue
Mr. Lubien reviewed the background. Mr. Fernandez moved approval.
Mr. Cook seconded the motion and the vote was unanimous In favor.
b. Request for approval of variance to the required side
set back.
Francis C. Bergau
1343 N.E. 104 Street
Mr. LuBien reviewed the background and stated that the Planning
and Zoning Board approved. Mr. Boyle moved approval and Mr.
Johnson seconded the motion. Mr. McClure, Chairman of the
Planning Board, explained why he voted against the request when
It was before his Board. Mr. Fernandez stated that there Is a
way for the homeowner to comply with the code and not require a
variance. He asked Mr. Fann if the Village has an obligation upon
a building permit being erroneously Issued to allow an applicant
to precede with the plan submitted. Mr. Fann replied that he
could not answer the question at that time. Mr. Fernandez stated
that the object was to bring property Into compliance not to allow
non-conformance. Mr. Bergau reviewed the history of the
situation. Mr. Cook asked why there are two different surveys
with two different figures for the set back. Mr. LuBien
responded. He also stated that he never gave permission to
encroach on the setback by 10 Inches. Mr. Cook stated that the
drawing Is not clear. Mr. LuBien explained what is physically on
the property. Mr. Fernandez stated that a 5% tolerance Is what Is
looked for. Mr. Fann stated that It will take at least a 4 to 1
vote to overturn the P&Z Board. Mr. Fernandez stated that the
Village Is looking for future problems when the property Is sold.
The vote was taken and was as follows:
Johnson - Yes
Boyle - Yes
Cook - Yes
Heffernan - Yes
Fernandez - No
The motion carried.
c. Request for approval of screen porch.
Mr. Guy O'Grady
800 N.E. 96 Street
Mr. LuBien reviewed the background and stated that it Is a non-
conforming roof and the homeowner is adding an additional roof.
He stated that the greenhouse Is also non -conforming. Mr.
Fernandez moved for approval. Mr. Johnson seconded the motion and
the vote was unanimous In favor.
ITEM *3 REQUEST FOR AUTHORIZATION FOR THE EXPENDITURE OF
FORFEITURE FUNDS FOR THE PURCHASE OF GENERATOR FOR THE POLICE
DEPARTMENT. Mr. Benton explained the request and stated that the
request Is to expend up to $43,200 of forfeiture funds. Mr.
Fernandez asked if the generator would handle a much larger police
station If one was built after the fire station Is moved. Mr.
Benton replied yes. Mayor Heffernan asked that a form be prepared
that would be attached to each forfeiture fund request outlining
what the Impact would be on the current budget and future budgets.
Mr. Boyle moved to accept the Village Manager's request to
purchase the equipment without going through the bid procedure.
Mr. Johnson seconded the motion and the vote was unanimous In
favor.
ITEM *4 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF MIAMI
SHORES VILLAGE ESTABLISHING A MARKETING DEPARTMENT TO BE ADMINIS-
TERED BY DIRECTOR THEREOF WITHIN GENERALLY ESTABLISHED GUIDE-
LINES; PROVIDING FOR EFFECTIVE DATE. Mayor Heffernan read the
caption of the ordinance. Mr. Fernandez explained the background.
Mr. Fann stated that the action can be done by resolution rather
than ordinance. Mr. Fernandez suggested that the proposed
ordinance be amended and he read a suggested ordinance that he had
distributed to the Council. Mr. Johnson stated that funding of the
department occurs at the budget hearings and at that time public
Input would be generated. Mr. Fernandez suggested scheduling
discussion of the matter at the next Council meeting with
advertising the action as a resolution. Mr. Boyle stated that the
Council needs community Input; however, Realtors should come
forward with financial support. He said that the Council Is not
ready to develop a Marketing Department. Mr. Fernandez explained
the history of the Downtown Revitalization Board and marketing of
the Village. He stated that the Village needs someone to put the
project together and to get the project off the ground. Mr. Cook
stated that the Council needs to get through the budget process
before any resolution Is adopted. He stated that the Council
could make It a priority in the process to see If It can be
funded. Mr. Johnson stated that until the Council has hard and
fast numbers before them It Is only conjecture of what the project
will cost. He stated that it cannot be put off until the budget
to start the process. He stated that a budget must be developed
for the Department before the budget hearings. Mr. Fernandez
stated that the program may be pared down or eliminated In the
budget process If funds are not available, but the project needs
to be developed In advance. Mayor Heffernan asked what Is the
Village trying to accomplish and how are the funds going to be
spent. He stated that continuity Is very Important. Mr. Cook
stated that existing Village departments are a priority for him
before a new department Is created. Mr. Benton asked how the
Council wants to approach the budgeting for the project. Mr.
Fernandez stated that it Is very Important for the long run future
health of the Village that people outside of the Village know how
great Miami Shores Is. Mayor Heffernan stated that the Council
doesn't have an answer for Mr. Benton at this time. Mr. Boyle
stated that the Council should take two weeks to contact the
public to see where their Interest Iles.
ITEM *5 ANNOUNCEMENTS
Mayor Heffernan read the announcements.
ITEM *6 PUBLIC COMMENTS
Ms. Betty Lasch:
Mr. TF Chambers:
Spoke about past action of Chamber
Marketing Committee and the immediate
need for marketing material.
Don't put real estate ads In the
brochure.
ITEM *7 COUNCIL COMMENTS
Mr. Johnson spoke about video taping of Miami Shores.
Mr. Boyle asked for an update of the Village Manager search. Mr.
Johnson responded.
Mr. Cook spoke about marketing the VIIIage on Storer Cable.
June 1, 1993
Mr. Fernandez stated that volunteers are needed to proceed with
marketing.
Mayor Heffernan encouraged residents to attend budget workshops.
ITEM *8 ADJOURNMENT
The meeting was adjourned at 8:52 p.m.
By:
Scott W. Davis
Village Clerk
William J.fHeff nan
Mayor