05-16-1995 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
MAY 16, 1995
The regular meeting of the Miami Shores Village Council was held on May 16, 1995 at the
Village Hall Council Chambers, commencing at 7:35 P.M. with the following members present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Mary Ross Agosta
Michael Boyle
William Heffernan
ALSO PRESENT: Michael R. Cooz7o, Jr.
William Fann
Barbara Fugazzi
rRESENTATIONS:
Judge Taylor, representing the Masonic Lodge, presented Mayor Imburgia with an American
Flag which has flown over the Capitol Building in Washington, D.C.
Mr. Donald Nelson, Finance Director, City of Coral Gables, and State Representative of the
FGFOA, presented Mrs. Patricia Varney, Miami Shores Village Finance Director, with the
Government Finance Officers Association Distinguished Budget Presentation Award and the
Certified Government Finance Officer Certificate.
Mayor Imburgia presented Philip Sydow, Jr. with the 1994-95 Volunteer of the Year Award for
his work with the Mobile Patrol and Brockway Memorial Library.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. Minutes
The Village Clerk indicated that due to an omission of Page 4 from the copies of the 5/2/95
Council Meeting Minutes, they would be withdrawn and considered for approval at the next
scheduled meeting. The Council acknowledged receipt of the Planning & Zoning Meeting
Minutes of 3/23/95 and the Code Enforcement Meeting Minutes of 3/2/95.
ITEM #2 VILLAGE MANAGER Michael R. Couzzo
A. DISCUSSION AND POSSIBLE ACTION REGARDING AN APPEAL BY
WILLIAM ALLEN, OWNER OF PROPERTY AT 9701 BISCAYNE
BOULEVARD, TO A PLANNING & ZONING BOARD DECISION.
Mr. Couzzo turned the item over to the Village Attorney, William Fann. Mr. Fann explained the
proposed format of the proceedings to the Council and introduced Robert Koppen, attorney for
the applicant.
Mr. Koppen explained the Agenda item, indicating the applicant's desire to appeal an adverse
decision by the Planning & Zoning Board. Mr. Koppen stated that due to the Council's having
received a transcript from the Public Hearing, he would not be presenting his entire case before
the Council. However, Mr. Koppen gave a synopsis of the case, stressing the change in
circumstances with the property due to the erection of barricades and the isolation of the
property. Mr. Koppen requested that the Council overturn the decision of the Planning & Zoning
Board to deny the application to rezone 9701 Biscayne Boulevard from R-20 to PRO.
Council members questioned Mr. Koppen as to the current use of the property, number of
individuals living in the household, the perception of isolation due to the barricades, and traffic
flow around the property.
Mr. Fann stated that the applicant needs to show that the proposed zoning change is consistent
with the Comprehensive Plan. He further stated that the applicant has not shown that the change
to PRO zoning is consistent with the Comprehensive Plan.
Mr. Boyle moved to adopt a resolution affirming the findings of the Planning & Zoning Board
on the basis that 1) the requested zoning is not consistent with the Comprehensive Plan; and 2)
Because to grant the zoning would be destructive to the balance of the zoned area which is R-20.
Mr. Sastre seconded the motion.
Discussion regarding how the motion was worded ensued. Subsequently, Mr. Boyle withdrew
his motion and Mr. Sastre withdrew his second.
Mr. Sastre then moved to affirm the decision of the Planning & Zoning Board to deny the
petitioner's request to rezone because the record clearly shows that: 1) The requested zoning is
not consistent with the Village's Comprehensive Plan and 2) The requested zoning would be
destructive to our established zoning of single family dwellings for that district. Mr. Boyle
seconded the motion and the vote was unanimous in favor.
Page 2
ITEM #3 VILLAGE CLERK Barbara Fugazzi
COUNCIL APPOINTMENTS TO MIAMI SHORES VILLAGE BOARD
A. PLANNING & ZONING BOARD
Misters Caldwell, F. Hegedus, I. Hegedus, Herrera, Maxwell, Navarro, Reese and Sydow were
present and spoke on their own behalf. Mr. Ron Frazier spoke on behalf of his wife, R. Jollivette
Frazier. Mr. Grau was not available to attend the meeting. The vote was taken by paper ballot
with the following results:
Louis Imburgia Franklin Grau
Cesar Sastre Frank Hegedus
Mary Ross Agosta Frank Hegedus
Michael Boyle R. Jollivette Frazier
William Heffernan Frank Hegedus
Mr. Hegedus was appointed to the Planning & Zoning Board to fulfill the term of Mayor Louis
Imburgia. The term will expire 9/96.
B. CODE ENFORCEMENT BOARD
Mrs. Caldwell, as per indicated on her application, withdrew as an applicant due to her husband
not being appointed to the Planning & Zoning Board. Misters Navarro, Patnik, and Sydow were
present and spoke on their own behalf. The vote was taken by paper ballot with the following
results:
Louis Imburgia
Cesar Sastre
Mary Ross Agosta
Michael Boyle
William Heffernan
John Sydow
John Sydow
John Patnik, Jr.
John Sydow
John Sydow
Mr. Sydow was appointed to the Code Enforcement Board to fulfill the term of Daniel Owens.
The term will expire 9/96.
Page 3
ITEM #4 PUBLIC WORKS DEPARTMENT Tom Benton
A. REQUEST FOR APPROVAL OF PROPOSED WASTE DISPOSAL
AGREEMENT WITH WHEELABRATOR OF SOUTH BROWARD.
Mr. Benton explained the Agenda item. Mr. Heffernan requested a status report with regards to
Dade County Solid Waste Management Department. Mr. Benton explained that due to
intervention by the Dade League of Cities, Dade County will not be requiring Dade County
municipalities to enter into an interlocal agreement to dispose of solid waste at the Dade County
facility. Therefore, the Village is free to enter into a contract with Wheelabrator of South
Broward for disposal of solid waste. Mr. Heffernan moved to approve the contract with
Wheelabrator of South Broward. Ms. Ross Agosta seconded the motion and the vote was
unanimous in favor.
ITEM #5 ANNOUNCEMENTS
The Village Clerk read the announcements.
ITEM #6 PUBLIC COMMENT
Frank Hegedus
Donna Baxter
Mr. Hegedus spoke about FPL tree -trimmer contractors. Mr.
Benton indicated that he would be meeting with FPL in the next
week and would discuss the issue with their representatives.
Mrs. Baxter spoke about the next Chamber of Commerce meeting
to be held on Wednesday, June 7 at 8:00 A.M. The meeting will
be at the Miami Shores County Club, honoring outstanding
students from the local schools.
ITEM #7 COUNCIL COMMENT
Mary Ross Agosta
Cesar Sastre
Michael Boyle
Ms. Ross Agosta spoke about beautification plans for the Village.
She requested a workshop to be scheduled to discuss the future
plans.
Mr. Sastre spoke about the All -Schools Music Fest, wished
everyone a happy and safe Memorial Day, and congratulated Patty
Varney on her fmance awards.
Mr. Boyle congratulated Tom Benton on his negotiations with
Wheelabrator of South Broward.
Page 4
William Heffernan
Mr. Heffernan thanked the organizers, Kathy Martin, Paula
DelPrech, Jack Knapp, Bertha Pallin, Sister Rita and Enid
Weisman, for the All -Schools Music Fest. He also thanked former
councilman, Rick Fernandez, for being the master of ceremonies at
the Crime Watch Awards Luncheon.
Louis Imburgia Mr. Imburgia congratulated Tom Benton and Patricia Varney for
their outstanding work.
ITEM #8 ADJOURNMENT
The meeting was adjourned at 9:25 P.M.
At‘cva a-(11
Barbara Fugazzi, Village'Clerk
Louis S. Imburgia, Jr., Mayor
Page 5