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08-17-1993 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING AUGUST 17, 1993 The regular meeting of the Miami Shores Village Council was held on August 17, 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 Mayor Heffernan acknowledged receipt of the minutes from the following meetings: Planning and Zoning 7/22/93 Search Committee 8/5 93 Pension Board 8/12/93 ITEM * 2 PLANNING AND ZONING ITEMS: a. Request for variance for addition and alterations. Jorge Cortes Mr. Lubien explained the background and stated that any activity requires a variance. He stated that the Board approved the plans as submitted as long as the porch is left off. Mr. Lubien read from the Planning and Zoning minutes. Mr. Fernandez stated that the Council could be expanding a non -conforming house and expanding a problem. Mr. Fann stated that the Council could be Justified in finding a hardship In this case. Mr. Cook moved approval. Mr. Boyle seconded the motion and the vote was unanimous In favor. b. Request for extension of variance for the placement of relocatable classrooms at Barry University, Dade County Public Schools Mr. Lubien explained the background. Mr. Cook gave the history of the portables at Barry University. He stated that the School Board Is is trying to do something positive with the portables at Barry University. Mr. Fernandez stated that the facility Is exceptional and the extension should carry on for at least 2 more years. Mr. Fernandez moved to approve the extension for a two year period. Mr. Johnson seconded the motion. Ms. Kathryn Wilber, from Dade County Schools, made a presentation regarding the portables at Barry. Ms. Della Zaher stated that a majority of the portables will be removed from the main campus. Mr. Boyle asked if funds will be available to restore the area after the portables are removed. Ms. Zaher replied that the PTA will help to landscape the area. The vote was taken and was unanimous in favor. c. Request to change the usage of property. S. Lowry Camp Mr. Lubien reviewed the background and stated that the request was turned down by the P&Z Board because there Is no designation for daycare In the .code. Mr. Fann stated that any change would constitute spot zoning and Council should not take any action. He stated that any action should be taken on a district basis. Mr. Cook spoke about another Instance where spot zoning was turned down. Mr. Fann stated that spot zoning was not Illegal: however, the court may change zoning In the future if the Council spot zones. Mr. Johnson stated that something that Is not permitted nor prohibited is subject to some latitude and that this situation is not spot zoning. He stated that the Village needs more daycare in the Shores and that this Is an up scale plan. Mr. Boyle asked what is the normal procedure If a profession Is not approved or disapproved In the code. Mr. McClure responded that if it is not approved it is not approved. Mr. Fann stated that it must be advertised if the Council is looking to rezone the property. Mr. Fernandez asked how many votes are necessary to take action. Mr. Fann stated that 3 votes Is all that Is required; however, advertising is necessary. Mayor Heffernan stated that this would be spot zoning and that to him It Is unclear If a daycare Is a school or not. Mr. Cook stated that If there Is a need, P&Z should go back and look at the issue to make appropriate decisions as to where It should be permitted. Mr. Johnson spoke about marketing the Village and the need for daycare. He asked for a show of support from Council to allow this use in the community. Mr. Boyle stated that he would feel more comfortable for P&Z to address the Issue. He stated that he was not against the Issue. Mr. Cook moved that Item *2c be dented and asked the P&Z Board to review the permitted uses. Mr. Boyle seconded the motion. Mayor Heffernan stated that no Council member Is against the business only where it will be located. The vote was as follows: Fernandez - Yes Boyle - Yes Heffernan - Yes Cook - Yes Johnson - No The motion carried ITEM *3 DISCUSSION AND POSSIBLE ACTION REGARDING REPORT FROM THE VILLAGE MANAGER SEARCH COMMITTEE. Mr. Johnson delivered the report and gave a brief history of the selection process. He stated that the committee recommended three candidates for Council review and they are as follows: Chris Farrell Mike Couzzo Charlie Balczun Mr. Johnson reviewed the background of the three candidates recommended to Council. Mr. Cook moved to disband the committee. Mr. Boyle seconded the motion and the vote was unanimous in favor. Mr. Boyle suggested reviewing the documents provided and determine If there is a front runner. He stated that it may not be necessary to expend a large amount of funds to bring in people from far away. Mr. Fernandez stated that an Individual from Massachusett Is not a viable candidate with regard to his knowledge of Florida/Dade County requirements. Mr. Boyle suggested that Council rank the candidates then interview them in that order. Mr. Fernandez stated that he has a problem with ranking the candidates due to negotiating for salary. He suggested interviewing all of them then ranking the Individuals. The consensus of Council was to interview the candidates then have a special meeting to meet with the candidates as a Council. ITEM *4 DISCUSSION AND POSSIBLE ACTION REGARDING EXPENDITURE OF FORFEITURE FUNDS. Mr. Benton explained the request and stated that the total is $90,955.52 with a major portion of the request going to the funding of a Crime Prevention Officer. Mr. Fernandez moved approval and Mr. Johnson seconded the motion. Chief Zoovas asked to add $2,600 to the request to fund the Mobile Patrol Coordinator position for 6 more months. Mr. Fernandez amended his motion to Include the additional $2,600. Mr. Johnson accepted the amendment, the vote was taken and was unanimous In favor. ITEM *5 DISCUSSION AND POSSIBLE ACTION REGARDING REVOLVING LINE OF EMERGENCY CREDIT. Mr. Benton explained the background and stated that the request was for a $500,000 line of credit to be used In the event of a hurricane. He stated that the cost Is a $750 one time charge to draw up the documents. Mr. Boyle moved approval and Mr. Johnson seconded the motion. Ms. Varney spoke about emergency funds for a hurricane. She stated that there Is $700,000 available and that with the line of credit the total would be $1.5 million. The vote was taken and was unanimous In favor. ITEM *6 DISCUSSION AND POSSIBLE ACTION REGARDING NORTHEAST 104 STREET ROAD CLOSURE. Mr. Benton explained the background and recommended moving the landscaped street closure to the intersection and installing a fence with two gates along the parking lot of the Church. The fence would remain open for Sunday Church services and special events. Mr. Cook asked If the residents and Church representatives are happy. Mr. Benton replied yes. Mr. Fernandez asked if the location has been approved previously. Mr. Benton replied yes. Mr. Johnson moved approval. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM *7 DISCUSSION AND POSSIBLE ACTION REGARDING CLOSING THE ALLEY BETWEEN NORTHWEST 95TH AND 96TH STREETS. Mr. Benton explained the background and recommended approval. Mr. Johnson moved approval. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *8 ANNOUNCEMENTS Mayor Heffernan read the ITEM *9 PUBLIC COMMENTS Mr. Joe Dugoni: Mr. Mike Maguire: Mr. Jim Condit: announcements. Spoke about the Presbyterian Church and Child Care centers. Spoke about parking on 96th Street. Spoke about barricades and the closing of alleys. ITEM *10 COUNCIL COMMENTS Mayor Heffernan spoke about articles In the paper regarding the Shores. Mr. Johnson stated that he was proud to be a resident and business owner in Miami Shores. Mr. Fernandez spoke about an Incident in Miami Shores and the reporting of the Incident in the media. Mr. Boyle spoke about an article In the paper regarding the Library. ITEM *11 ADJOURNMENT The meeting was adjourned at 9:32 By: ge,„? Scott W. Davis Village Clerk p.m. f#e'r,han Mayor He William J.