10-17-1995 Regular MeetingMIAMI SHORES VILLAGE
COUNCIL MEETING
OCTOBER 17, 1995
The regularly scheduled meeting of the Miami Shores Village Council was held on Tuesday,
October 17, 1995, commencing at 7:30 P.M., with the following members present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Michael Boyle
William Heffernan
Mary Ross Agosta
ALSO PRESENT: Thomas Benton (Acting Village Manager)
William Fann
Barbara Fugazzi
PRESENTATIONS:
Mayor Imburgia presented a proclamation in honor of Exceptional Student Education Week.
Ms. Elaine Gordon, Assistant Vice President of Florida International University spoke regarding
the University's North Campus and new Conference Center, as well as the University's offerings.
Chief Zoovas and Mayor Imburgia presented Mobile Patrol Awards to the programs volunteers.
CONSIDERATIONS:
ITEM #1 CONSENT AGENDA
A. MINUTES
Mr. Heffernan moved approval of the Consent Agenda. Mr. Sastre seconded the motion and the
vote was unanimous in favor.
ITEM #2 PUBLIC WORKS Tom Benton
A. REQUEST TO WAIVE BID PROCEDURE AND APPROVE PURCHASE OF
GARBAGE PACKER FROM MACK SALES OF SOUTH FLORIDA IN THE
AMOUNT OF $113,825.00.
Mr. Benton explained the Agenda item, indicating that the Village had received a price quote for
the 1996 Garbage Packer from Mack Sales of South Florida during the bid procedures for
equipment purchase last year. He stated that the item has been budgeted in the Capital Budget.
Mr. Heffernan moved to waive the bid procedure and approve the purchase. Mrs. Ross Agosta
seconded the motion and the vote was unanimous in favor.
ITEM #3 APPOINTMENTS TO THE MIAMI SHORES VILLAGE BOARDS AND
COMMITTEES.
A. FINE ARTS COMMISSION
Mr. Mayo Burch was present and spoke on his own behalf. Mr. Boyle moved to appoint Mr.
Burch to the Fine Arts Commission. Mr. Sastre seconded the motion and the vote was
unanimous in favor.
B. HISTORIC PRESERVATION BOARD
Mr. Boyle moved to appoint Mr. John Bolton to the Historic Preservation Board. Mr. Heffernan
seconded the motion and the vote was unanimous in favor.
C. PERSONNEL APPEALS BOARD
Mrs. Patricia Gispert was present and spoke on her own behalf. Mr. Boyle moved to appoint
Mrs. Gispert and Dr. Jay Stein to the Personnel Appeals Board. Mrs. Ross Agosta seconded the
motion and the vote was unanimous in favor.
D. ADVISORY BOARD ON HANDICAPPED SERVICES
Mr. Heffernan moved to appoint Mrs. Toni Coveley to the Advisory Board on Handicapped
Services. Mr. Sastre seconded the motion and the vote was unanimous in favor.
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E. BEAUTIFICATION ADVISORY COMMITTEE
Mrs. Donna Baxter withdrew her name from the list of candidates. Mr. Brad Conard was present
and spoke on his own behalf. Mrs. Robin Gart and Mr. Joe Schweiger were not present. A paper
ballot was taken with the following results:
Michael Boyle
William Heffernan
Mayor Imburgia
Mary Ross Agosta
Cesar Sastre
Conard, Gart
Conard, Gart
Conard, Gart
Conard, Gart
Conard, Gart
Mr. Brad Conard and Mrs. Robin Gart were appointed to the Beautification Advisory
Committee.
F. RECREATION ADVISORY COMMITTEE
Mr. Mayo Burch, Mr. Gary Pappas and Mrs. Kathleen Phillips were present and spoke on their
own behalf. Mr. John Baldwin, Mr. Joe Frechette and Mrs. Robin Gart were not present. A
paper ballot was taken with the following results:
Michael Boyle
William Heffernan
Mayor Imburgia
Mary Ross Agosta
Cesar Sastre
Frechette, Gart, Pappas
Frechette, Gart, Pappas
Gart, Pappas, Phillips
Baldwin, Gart, Pappas
Frechette, Gart, Phillips
Mr. Joe Frechette, Mrs. Robin Gart and Mr. Gary Pappas were appointed to the Recreation
Advisory Committee.
G. COUNTRY CLUB ADVISORY BOARD
Mr. Brad Conard withdrew his name from the list of candidates. Mr. Herbert Spahn, Jr. was
present and spoke on his own behalf. Mr. Sastre moved to appoint Mr. Douglas Lindheimer, Mr.
Joseph Schwartz, Mr. Herbert Spahn, Jr., Mr. Emest Upthegrove and Ms. Mary Newman to the
Country Club Advisory Board. Mrs. Ross Agosta seconded the motion and the vote was
unanimous in favor.
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ITEM #4 VICE MAYOR CESAR SASTRE
A. DISCUSSION REGARDING DADE COUNTY COMMISSIONER ALEX
PENELAS' LUNCHEON SPEECH ON ANNEXATION.
Mr. Sastre outlined the information provided by Commissioner Penelas, stating that the County
Commission had formed a Boundaries Committee to investigate enclave areas of Unincorporated
Dade County. Mr. Sastre stated that per the Commissioner, if Miami Shores Village is interested
in expanding its boarders, now is the time to research the issues and notify the County. Mr.
Boyle indicated that Commissioner Penelas was alerting us to the possibility of change in regards
to the Unincorporated pockets of Dade County. Mrs. Ross Agosta asked about the members of
the Boundaries Committee. Mr. Benton stated he was unaware of the individual members but
would obtain the information from the County and report back to the Council.
Public Comment was invited at this time regarding the Agenda Topic. Resident, Herb Spahn, Jr.
spoke regarding budgetary impact of annexation.
Discussion regarding the status of the annexation proposal with Bel Mar ensued. Mr. Heffernan
stated that he would like to see this topic scheduled for a Workshop Meeting in order to fully
explore the possible ramifications and to hear from the residents. He stated that if annexation is
something the Village wants, the Village needs to be proactive rather than reactive. A Council
Workshop Meeting will be scheduled.
ITEM #5 VILLAGE CLERK Barbara Fug zzi
A. AN ORDINANCE AMENDING THE 1989 MIAMI SHORES
COMPREHENSIVE PLAN, TO INCLUDE 1995 EVALUATION AND
APPRAISAL REPORT, PREPARED BY ROBERT K. SWARTHOUT, INC.,
COMPRISED OF VOLUME 1 SETTING FORTH EFFECT OF STATUTE AND
RULE CHANGES; SUMMARY OF TRENDS AND CONDITIONS; AND
ACHIEVEMENT OF OBJECTIVES AND IMPLEMENTATION OF POLICIES;
AND VOLUME 2 THEREOF BEING A SUMMARY OF CONDITIONS AT
TIME OF ADOPTION AND CONDITIONS AT TIME OF SAID REPORT.
Second and Final Reading
The Clerk read the Caption of the Ordinance. Mr. Boyle moved to adopt the Ordinance. Mrs.
Ross Agosta seconded the motion and the vote was unanimous in favor.
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B. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
VILLAGE, AMENDING ZONING ORDINANCE NO. 270, ARTICLE IV
"ESTABLISHMENT OF REGULATIONS", SCHEDULE OF REGULATIONS,
PROVIDING FOR VIDEO RENTALS AND SALES ESTABLISHMENTS AS
A PERMITTED USE IN B-2 DISTRICT, PROVIDING FOR DEVELOPMENT
STANDARDS THAT MUST BE MET AS PART OF THE SITE PLAN IN
ORDER FOR THE USE OF VIDEO RENTALS AND SALES TO BE
ALLOWED; REQUIRING FINDINGS AT A HEARING BEFORE THE
VILLAGE COUNCIL PRIOR TO ALLOWANCE OF SAID USE; PROVIDING
FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
The Clerk read the Caption of the Ordinance Mr. Heffernan asked if the Ordinance contained in
the Agenda Packet had been revised to incorporate the changes the Council had decided upon at
the October 5, 1995 Council Meeting. The Clerk indicated that the Ordinance had been changed
to reflect the Council's desires. Mr. Heffernan further asked if this reading was for a Public
Hearing. Mr. Fann asked if the Ordinance had been properly noticed. The Clerk indicated that
an ad had appeared in the local newspaper and that this meeting would constitute a Public
Hearing on the first reading. Mr. Heffernan moved to approve the Ordinance amending
Ordinance No. 270, Article IV. Mr. Boyle seconded the motion.
Public Comment was solicited.
T. F. Chambers
Mr. Chambers stated that he would prefer a 1500 ft. distance
requirement rather than the 1000 ft. contained within the Ordinance
language.
Ed Harrigan Mr. Harrigan spoke of the fact that Publix Supermarket is currently
selling videos.
The vote was taken and was unanimous in favor.
ITEM #6 ANNOUNCEMENTS
The Clerk read the announcements.
ITEM #7 PUBLIC COMMENT
Donna Baxter
Mrs. Baxter announced that the next Mayor's Task Force Meeting
would be held on Thursday, November 2, 1995 at 8:00 A.M. at the
Miami Shores Elementary School. She also announced that the
Chamber of Commerce Meeting would be sponsored by
NorthShore Hospital on November 8, 1995 at 8:00 A.M.
T. F. Chambers Mr. Chambers spoke about Halloween Howl.
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ITEM #8 COUNCIL COMMENTS
Mary Ross Agosta
Cesar Sastre
Mrs. Ross Agosta alerted the residents to the 'Best of Prime Time"
production being presented at the Shores Performing Arts Theater
and featuring members of Council and Village staff. The dates are
November 17, 18 and 19th.
Mr. Sastre presented the Mayor and Council with a Certificate of
Appreciation plaque which was given to him by the Holy Cross
Lutheran Church & School.
William Heffernan No Comment
Michael Boyle Mr. Boyle spoke of the construction projects in the area of 6th
Avenue.
Mayor Imburgia Mr. Imburgia spoke about the Boards & Committees.
ITEM #9 ADJOURNMENT
The October 17, 1995 Council Meeting was adjourned at 9:05 P.M
Barbara A. Fugazzi, Village Cler
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Louis S. Imburgia, Jr., Mayor