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.