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Village Council Meeting Minutes - September 16, 2014

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, September 16, 2014 immediately following the second Budget Hearing. The Meeting was called to order at 7:06 PM with the following individuals present:

PRESENT:                        Herta Holly                                                                   ABSENT:              Jim McCoy

                                           Jesse Walters

                                           Hunt Davis

                                           Ivonne Ledesma

ALSO PRESENT:             Tom Benton, Village Manager

                                           Barbara Estep, Village Clerk

                                           Richard Sarafan, Village Attorney

Mayor Holly asked for Public Input on any items appearing on Council Agenda. No one came forward.

 

CONSIDERATIONS

 

Village Attorney, Richard Sarafan, reviewed the appeal process for the Council and the appellants; speaking specifically regarding ex-parte communications and the disclosure thereof, as well as the number of votes required to overturn the Planning & Zoning Board’s decisions, and what the Council should be determining when hearing the appeals.

In turn, Council Members disclosed communications and/or site visits they had with the respective cases.

1)           PLANNING DEPARTMENT                                                   David Dacquisto

             A) AN APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD

       REGARDING CONSTRUCTION OF A DOCK AND BOAT LIFT.

       (Appellant: 1080 N.E. 105th Street)

Planning Director, David Dacquisto, provided an overview of the subject application and the Planning & Zoning Board’s review, discussion and subsequent denial, citing concerns with the lack of regulations concerning the canal and narrowing the waterway by approving the dock and boat lift.

Attorney Adriana Clamens and Engineer/Contractor, Nestor Cueto were present to represent the appellant. Attorney Clamens spoke of the Planning & Zoning Board’s proceedings and the lack of substantive reasons for denying the application and provided information that the Board had approved similar applications for docks and boat lifts in the past. She pointed out that the application had received preliminary approval from the County agencies and that as the Village Code does not specifically address intrusions into the waterway, the County’s regulations should prevail.

Individual Council Members offered their opinions on the application and information was clarified and confirmed for the Council Members by either Mr. Dacquisto or the appellant’s representatives. There was a discussion regarding the appellant’s willingness to go back before the Planning & Zoning Board with a modified design. Attorney Clamens advised that her client should not be made to spend more time and money when significant efforts had already been made.

Following these discussions, Vice Mayor Walters moved to overturn the decision of the Planning & Zoning Board. Councilwoman Ledesma seconded the motion. Mayor Holly called for the vote which was 3 to 1 in favor of the motion with Mayor Holly dissenting.

B) AN APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD

     REGARDING DENIAL OF A HARDSHIP VARIANCE REQUEST.

     (Appellant: 450 N.E. 94th Street- John and Kelly Moore)

Planning Director, David Dacquisto, provided an overview of the subject application and reviewed the criteria related to a hardship variance request. Mr. Dacquisto summarized the application and indicated that the Board determined that the property owners have reasonable use of their property and that the application did not meet the hardship criteria. Therefore, the Planning & Zoning Board denied the variance request.

Kelly and John Moore spoke on their own behalf and reviewed the information previously provided to the Planning & Zoning Board in support of their hardship variance application. Mr. and Mrs. Moore reiterated their original argument that they meet the hardship criteria and that their application seeks only to reconfigure the garage doors so they face the alley, affecting no one other than themselves.

Discussions amongst the Council, Mr. Sarafan and the Moore’s centered on the characteristics of the property and the relationship between their request and the Code provisions. At the conclusion of the discussions, Councilwoman Ledesma moved in favor of the variance and overturning the Planning & Zoning Board’s denial. Vice Mayor Walters seconded the motion. Mayor Holly called for the vote which was unanimous in favor of the motion.

2)           VILLAGE CLERK                                                                     Barbara A. Estep

              A) APPROVAL OF THE SEPTEMBER 8, 2014 BUDGET HEARING AND REGULAR

                   COUNCIL MEETING MINUTES.

Councilwoman Ledesma requested an amendment to the Budget Hearing minutes relating to the stated purpose of the discretionary funds. Vice Mayor Walters then moved approval of the Minutes as amended. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion.

Vice Mayor Walters moved to approve the September 8 Regular Council Meeting Minutes as presented. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion.

3)           VILLAGE MANAGER                                                              Tom Benton

              A) RATIFICATION OF THE PBA CONTRACT APPROVED BY THE MEMBERSHIP.

Mr. Benton spoke of the recent vote by the PBA membership to approve a contract which runs through September 30, 2014 and indicated that the changes in the contract have been discussed with the Council through meetings with the Village’s labor attorney.   Councilman Davis moved to ratify the PBA contract as proposed. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

           

4)           ANNOUNCEMENTS

Ms. Estep read the announcements.

    

5)             PUBLIC COMMENTS

Jorge Mello         Mr. Mello spoke of his concerns with the property located at 1080 N.E. 105th Street.

6)             COUNCIL COMMENTS

Ivonne Ledesma                Councilwoman Ledesma thanked those present for their attendance at the meeting and participation in their government.

Jesse Walters                     Vice Mayor Walters announced that Mayor Holly would be addressing the Chamber of Commerce luncheon regarding the State of the Village.

Hunt Davis                        Councilman Davis spoke of the progress regarding quiet crossings and the bicycle grant which he will be bringing to the Council at the next meeting.

Herta Holly                        Mayor Holly spoke of the many Library programs being offered in the coming weeks.

7)             ADJOURNMENT

The September 16, 2014 Regular Council Meeting was adjourned at 9:10 PM.

                                                                                                                   _________________________

                                                                                                                   Herta Holly, Mayor

______________________________

Barbara A. Estep, MMC

Village Clerk