09-16-2014 Regular Meeting•
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.
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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.
II6) 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
weeks.
Mayor Holly spoke of the many Library programs being offered in the coming
7) ADJOURNMENT
The September 16, 2014 Regular Council Meeting was adjourned at 9:10 PM.
Barbara A. Estep, MMC
Village Clerk
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Herta Holly, Mayor