10-01-1996 Regular MeetingMIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly scheduled Village Council Meeting was held on Tuesday, October 1, 1996, at the Village
Hall, commencing at 7:35 P.M. with the following members present:
PRESENT:
Mayor Imburgia
Cesar Sastre
Michael Boyle
William Heffernan
Mary Ross Agosta
ALSO PRESENT: Michael R. Couzzo, Jr.
Barbara A. Fugazzi
Mark S. Ulmer
CONSIDERATIONS
ITEM #1 CONSENT AGENDA
A. MINUTES
Mrs. Ross Agosta moved approval of the Consent Agenda. Mr. Sastre seconded the motion and the vote
was unanimous in favor.
ITEM #2 PLANNING & ZONING Frank LuBien
A. APPEAL OF PLANNING & ZONING BOARD'S DECISION TO DENY VARIANCE
TO ALLOW UTILITY SHED IN SIDE SETBACK.
James O'Connor 746 N.E. 95th Street
Mr. LuBien explained the details of the property layout and request for variance. Mr. O'Connor was
present on his own behalf. Mayor Imburgia asked for particulars regarding rear property measurements of
29.9 feet. Mr. Ulmer advised the Council that the Planning & Zoning Board acted as "judge and jury" in
the proceeedings. It is now before the Council as an "appellate" process and read the applicable section
of the Code of Ordinances which should apply to the Council's decision to uphold or reverse the Planning
& Zoning Board's decision to deny the variance.
Mr. Sastre confirmed that there was presently a shed on the property and that the existing shed is located
on the side property line, not conforming to the set -back requirements. Mr. Heffernan received
clarification as to the size and particulars of the existing shed and concrete slab, with
Mr. O'Connor indicating that the current shed is 4' x 6' and is located 3 1/2' from the side property line on
a concrete slab. Mr. O'Connor offered pictures to the Council. Mr. Ulmer stated that the Council could
not view the pictures as they had not been presented to the Planning & Zoning Board and represented
"new evidence". Mr. Ulmer stated that if, in the Council's opinion, the Planning & Zoning Board acted
unreasonably in denying the variance, the Council could reverse the decision. Otherwise, the Council
needs to affirm the decision.
Mr. O'Connor stated that the grade for the backyard is actually 13" rather than the 6" he stated to the
Planning & Zoning Board. Additionally, Mr. O'Connor has subsequently asked his neighbors if they had
problems with a shed being placed on the property line. Mr. O'Connor indicated that his neighbors have
no problems with a shed.
Mrs. Ross Agosta asked if Mr. O'Connor had a garage. Mr. O'Connor stated that he has only a carport,
which is why he would like a larger shed. Mr. Heffernan asked Mr. Ulmer if Mr. O'Connor's letter meets
the hardship requirements. Mr. Ulmer stated that Mr. O'Connor does not meet the hardship criteria
because he can put a shed on the property. Discussion regarding possible alternate locations for the
erection of a shed, alternatives open to Mr. O'Connor regarding replacing the shed, and the specific
setback requirements ensued.
Through open discussions, and reviewing the Code of Ordinances, it was determined that Mr. O'Connor
can replace the existing shed which is in poor condition, with a new shed of the same size without a
hardship variance. The request would, however, need to be approved by the Planning & Zoning Board.
Mr. Heffernan moved to uphold the decision of the Planning & Zoning Board in denying the request for
hardship variance. Mr. Boyle seconded the motion and the vote was unanimous in favor.
ITEM #3 VILLAGE CLERK Barbara Fugazzi
A. APPOINTMENTS TO BOARDS AND COMMITTEES
The Council recognized and thanked all residents who have served on the various volunteer boards and
committees. Mr. Heffernan commented on the talents of both the past volunteers and the caliber of the
new applications.
1. PLANNING & ZONING BOARD
Rod Buenconsejo
Eugene Colson
Frank Hegedus
Thomas Leonard
Thomas Caldwell
Roland Guerra
Ivor Hegedus
Misters Buenconsejo, Caldwell, Colson, Guerra, F. Hegedus, I. Hegedus and Leonard were present and
spoke on their own behalf. The Council was asked to choose two out of the seven applicants for
appointment to the Planning & Zoning Board. The Council voted as follows:
M. Boyle
W. Heffernan
L. Imburgia
C. Sastre
M. Ross Agosta
R. Buenconsejo, T. Caldwell
T. Caldwell, F. Hegedus
T. Caldwell, F. Hegedus
T. Caldwell, F. Hegedus
T. Caldwell, F. Hegedus
Misters Caldwell and F. Hegedus were reappointed to the Planning & Zoning Board.
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2. CODE ENFORCEMENT BOARD
Doug Asmus
Eugene Colson
Roland Guerra
Thomas Leonard
Michael Salzverg
Ron Buenconsejo
Doug Garber
Ines Hegedus -Garcia
Luis Ruiz
John Sydow
Misters Asmus, Buenconsejo, Colson, Guerra, Leonard, Salzverg and Ms. Hegedus -Garcia were present
and spoke on their own behalf. The Council was asked to choose three out of the ten applicants. The vote
was as follows:
M. Boyle
W. Heffernan
L. Imburgia
C. Sastre
M. Ross Agosta
E. Colson, T. Leonard, J. Sydow
D. Asmus, E. Colson, T. Leonard
R. Buenconsejo, T. Leonard, J. Sydow
D. Asmus, E. Colson, T. Leonard
R. Buenconsejo, E. Colson, T. Leonard
The Village Clerk announced that E. Colson and T. Leonard, due to receiving a majority vote, were
appointed to the Code Enforcement Board. The Council was asked to choose one additional applicant
from J. Sydow, D. Asmus, and R. Buenconsejo for appointment. The vote was as follows:
M. Boyle
W. Heffernan
L. Imburgia
C. Sastre
M. Ross Agosta
J. Sydow
D. Asmus
R. Buenconsejo
D. Asmus
R. Buenconsejo
The Village Clerk asked the Council to choose one applicant from D. Asmus and R. Buenconsejo. The
vote was as follows:
M. Boyle
W. Heffernan
L. Imburgia
C. Sastre
M. Ross Agosta
R. Buenconsejo
D. Asmus
R. Buenconsejo
D. Asmus
R. Buenconsejo
Mr. Buenconsejo was appointed to the Code Enforcement Board. The Village Clerk indicated that the
appointments would be effective with the November meeting but asked new appointees to attend the
October 3, 1996 meeting if possible.
3. HISTORIC PRESERVATION BOARD
Colleen Fix -Huff Elaine Franck
Robert Hadley Ines Hegedus -Garcia
Kimberly Logan -Hynes
Ms. Colleen Fix -Huff, Ms. Franck, Mr. Hadley, Ms. Hegedus -Garcia and Ms. Kimberly Logan -Hynes
were present and spoke on their own behalf.
Mayor Imburgia called for a brief recess and the meeting reconvened at 8:50 P.M.
Mr. Heffernan expressed his appreciation for the excellent qualifications of those applying for
appointment to the Historic Preservation Board. Mr. Heffernan asked for a consensus from the Council
regarding amending the Ordinance to allow for an additional two (2) residents to serve on the Historic
Preservation Board. The appropriateness of the Board's expansion was discussed among the Council. Mr.
Heffernan asked the Mr. Ulmer to draft an amendment to the Code of Ordinances for first reading on
October 15, 1996. Mr. Couz7o asked if the Council wanted to look at any of the other boards and
committees. After further discussion, it was the consensus of the Council to have Mr. Ulmer draft an
Ordinance amendment regarding expanding the Planning & Zoning Board. The Council was asked to
choose two applicants for appointment to the Historic Preservation Board. The vote was as follows:
M. Boyle
W. Heffernan
L. Imburgia
C. Sastre
M. Ross Agosta
E. Franck, K. Logan -Hynes
E. Franck, K. Logan -Hynes
E. Franck, K. Logan -Hynes
I. Hegedus -Garcia, K. Logan -Hynes
E. Franck, K. Logan -Hynes
Ms. Elaine Franck and Ms. Kimberly Logan -Hynes were reappointed to the Historic Preservation Board.
4. ADVISORY BOARD ON HANDICAPPED SERVICES
Jennifer Saxton -Fleming Roland Guerra
Mr. Guerra was present and spoke on his own behalf. As there are more openings on the Board than there
are applicants, Mr. Heffernan moved to appoint Ms. Saxton -Fleming and Mr. Guerra to the Advisory
Board on Handicapped Services. Mrs. Ross Agosta seconded the motion and the vote was unanimous in
favor.
5. BEAUTIFICATION ADVISORY COMMITTEE
Lance Harke Colleen Fix -Huff
Michael Maxwell Joan Mueller
Ms. C. Fix -Huff and Mr. Maxwell were present and spoke on their own behalf. The Council was asked to
choose one applicant. The vote was as follows:
M. Boyle
W. Heffernan
L. Imburgia
C. Sastre
M. Ross Agosta
M. Maxwell
M. Maxwell
M. Maxwell
J. Mueller
C. Fix -Huff
Mr. Maxwell was appointed to the Beautification Advisory Committee.
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ITEM #4 ANNOUNCEMENTS
The Clerk read the announcements.
ITEM #5 PUBLIC COMMENTS (5 minute time limit per speaker)
Patty Sastre Mrs. Sastre spoke about an upcoming Conference on Marriage.
ITEM # 6 COUNCIL COMMENTS
Mary Ross Agosta Mrs. Ross Agosta spoke about TCI and the unavailability of Sports Channel
programming through TCI.
Cesar Sastre Mr. Sastre spoke about the upcoming public hearing.
Mayor Imburgia Mayor Imburgia spoke about the board and committee applicants and the public
hearing on annexation.
William Heffernan Mr. Heffernan also spoke about the public hearing and urged people to attend and
get the facts.
Michael Boyle Mr. Boyle spoke of the public hearing and the revenue sharing plan.
ITEM #7 ADJOURNMENT
The October 1, 1996 Council Meeting was adjourned at 9:20 P.M.
,6wicua
Barbara A. Fugazzi, Village Citric
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