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02-01-1994 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING FEBRUARY 1, 1994 The regular meeting of the Miami Shores Village Council was held on February 1, 1994, at the Miami Shores Village Hall commencing at 7:30' p.m. with the following members present: Present: Mayor Heffernan Richard Fernandez Michael Boyle Steven J. Johnson Robert Cook Also present: Michael R. Couzzo Jr. Tom Benton CONSIDERATIONS: ITEM *1 VILLAGE CLERK: MINUTES Mr. Boyle moved approval of the minutes from the Regular Council Meeting of 1/18/94. Mr. Johnson seconded the motion and the vote was unanimous In favor. Mayor Heffernan acknowledged receipt of the minutes from the following meetings: Pension Board 12/16/93 Planning and Zoning Board 1/13/94. ITEM *2 BUILDING AND ZONING DEPARTMENT: Mr. Frank Lubien a. Request for approval of dish antenna. S.T. Taylor Mr. Lubien reviewed the background and stated that the •P&Z Board after much consideration approved the variance. Mr. Cook stated that the applicant has not answered the four questions as stated In Section 702 that Is required for Council to grant a variance. Mr. Fann stated that there is no basis for a variance because there is no shown hardship. Mr. Cook reviewed Section 702 of the Code outlining the procedures that must be taken for a hardship variance. Mr. Fernandez asked If there is a location on the property where a dish antenna can be erected lawfully. Mr. Lubien replied It is allowed in the rear yard. Mr. Fernandez stated that a variance should not be granted In this case because it Is not a hardship and that it can be lawfully located elsewhere on the property. Mr. Johnson stated that as it stands the Council cannot approve the variance. Mayor Heffernan stated that It needs to be turned down however the Council needs to address the issue of corner lots. Mr. Fernandez suggested that for corner lots If the height limitations were changed and that there were changes in screening it might rectify the problem. Mayor Heffernan asked that the form that is given to Council be redesigned in an updated manner. Mr. Couzzo stated that he concurs. Mr. Cook moved that the application for the variance for approval to Mr. Taylor's residence be denied; however, that future fee cost for reapplication for a variance be waived. Mr. Johnson seconded the motion. Mr. Fernandez stated that he would like to see Mr. Taylor's fees returned to him but not the original fee. Only the last two. Mr. Johnson suggested that the fees be applied to his permit fees. Mr. Cook modified his motion to reflect Mr. Johnson's suggestion. The vote was unanimous in favor of the motion. The consensus of the Council was to have the P&Z Board look at the ordinance with regards to corner lots. b. Request for approval of variance to allow shingles Manny Peres Mr. Johnson stated that the Council has already approved this item. Mr. Lubien reviewed the background and spoke about what shingles are. Mr. Lubien stated that wood shingles have not been approved by Dade County. Mr. Cook stated that wood shingles Is a generic definition and cedar shake is a refinement of that definatlon. Mr. Fann stated that there is no authority to prohibit asphalt shingles in the Village's ordinances and that at tonight's meeting the question is whether the roof can support tile and if it can't then routinely the Council has permitted the substitute of shingles. Mr. Lublen stated that wood shakes have been approved by Dade County. Mayor Heffernan stated that it is clear that the roof cannot support tile and that the Council is compelled to grant the variance. Mr. Cook asked if there Is a requirement that these Items be reviewed by structural engineers. Mr. Lubien replied that it is not necessary. Mayor Heffernan stated that the Council cannot mandate that the applicant Install wood shakes when asphalt shingles are allowed In the ordinances. Mr. Fann agreed. Mr. Fernandez reviewed why some homes have asphalt shingles. He stated that in the past an engineers letter has been necessary to get a variance. He also stated that technology has changed and that new materials have been created and the code should be changed to reflect advances in technology. Mr. Cook moved that the variance be approved. Mr. Boyle seconded the motion and the vote was as follows. Cook - Yes Boyle - Yes Heffernan - Yes Johnson - Yes Fernandez - No The motion carried. The consensus of Council was to direct the P&Z Board to review the use of other possibilities that are tile look aiikes for similar situations. ITEM *3 FINANCE DEPARTMENT: Ms. Patricia Varney a. Discussion and possible action regarding the appointment of an Equity Study Committee. Mr. Couzzo reviewed the background and stated that 4 Individuals have been contacted to serve on the Committee along with Ms. Varney and Mr. Lublen who will be the staff representatives. Mr. Benton announced the names of the Committee members as follows: Ms. Peggy Rente Mr. Stephen Loffredo Mr. Patrick Duffy Dr. Jay Stein Mr. Cook moved approval of the makeup of the Committee. Mr. Fernandez seconded the motion and the vote was unanimous In favor. b. Presentation of Miami Shores Village Comprehensive Annual Financial Report. Ms. Varney introduced Mr. Jerry Chloaka, Partner, Rachlin and Cohen, to make the presentation. Mr. Chiocca reviewed the report and stated that the total assets of the Village in 1993 was approximately 22 million dollars. He stated that there was one reportable condition which was a $47.19 error that the Federal Government owes the VIIIage. He also stated that he anticipates his firm starting up on the Country Club review in the next 3-4 weeks and he will report back. Mr. Fernandez asked how Miami Shores compares to similar municipalities. Mr. Chlocca stated that the Village is as healthy as most other municipalities and in better shape than others. Mr. Cook asked what kind of bond rating could the Village get if they were Issuing Bonds. Mr. Chiocca responded "aa". Mayor Heffernan reviewed the statistics from the report. Mr. Johnson stated that he would like to applaud the efforts of staff and the auditors for the report. ITEM *4 PUBLIC WORKS DEPARTMENT: Mr. Tom Benton a. Discussion and possible action regarding the waiving of the bid procedure for the replacement of hurricane damaged trees. Mr. Benton reviewed the background and stated that during the hurricane the Village lost approximately 557 trees and the In house staff cannot handle the protect to replace the trees. He recommended waiving the bid procedure and award the tree replacement bid to Tropics North Landscaping at a unit cost of $190 per tree. Mr. Boyle asked If the number of damaged trees presented by Mr. Benton includes those on the golf course. Mr. Benton replied no. Mr. Cook asked the Village Manager If the VIIIage has funds available to layout until the VIIIage Is reimbursed by FEMA. Mr. Couzzo replied that he will come back to Council to get an appropriation from either reserves or contingency until the funds are returned by FEMA. Mr. Johnson moved to authorize the waiving of the bid procedure and allow the Village Manager and Director of Public Works to proceed with the project as detailed to the memo of January 25th, 1994. Mr. Boyle seconded the motion and the vote was unanimous in favor. ITEM *5 POLICE DEPARTMENT: Assistant Chief Masten a. Discussion and possible action regarding DARE grant. Assistant Chief Masten reviewed the background and how the DARE program runs. Mr. Fernandez asked what Is the source of the funds. Chief Masten replied that it Is primarily a federal grant. He also stated that he is not looking for a matching grant rather an endorsement from Council to proceed with the program. Mr. Fernandez asked if there are any additional costs for the Village. Chief Masten replied no. Mr. Cook praised the DARE program. Mr. Fernandez moved that the Council authorize the Village Manager to enter into the Professional Service Agreement for the DARE Grant Contract After School Program. Mr. Cook seconded the motion and the vote was unanimous In favor. ITEM *6 ANNOUNCEMENTS: Mr. Benton read the announcements. Mr. Couzzo spoke about Miami Shores helping earthquake victims in LA. Mr. Cook suggested holding off in helping to see what other agencies are doing. ITEM *7 PUBLIC COMMENTS Ms. Loretta Olsen: Mr. TF Chambers: Spoke about air conditioned buses and the good work of the Police Dept. Spoke about how well the Village is run. ITEM *8 COUNCIL COMMENTS Mr. Fernandez spoke about public school education and Miami Shores Elementary School. Mr. Johnson spoke about Unity Day and the great recreation program at Miami Shores. Mr. Boyle echoed Mr. Fernandez's comments regarding the elementary school and Miami Shores assets. Mr. Cook spoke about Unity Day and Miami Shores Video. Mayor Heffernan thanked all of the volunteers at Unity Day. He also spoke about the Mayor's Ball. ITEM *9 ADJOURNMENT The meeting was adjourned at 9:10 p.m. Scott W. Davis Village Clerk °Ii( Wi l I lam J. ffernri(if Mayor