Litigation update. "Indigo Street, LLC" resolves the petition challenging the Shore decision, agrees to dismissal through new Village Attorney John Dellagloria

Maybe sometimes it just takes a new attorney to get issues settled. Some attorneys are warriors, some are settlers. 

At least one item of litigation costing our village taxpayers has come to an end. The litigation generated by Petitioner, Indigo Street, LLC, and the Respondent, Village of Palmetto Bay, officially came to an end through the filing of a joint stipulation for dismissal on December 5, 2019. The parties advised the court that "The Parties have resolved their differences rendering this appeal moot." This stipulated dismissal was signed by John Dellagloria, Esq, Palmetto Bay’s newly installed in-house village attorney and Jeffery Leary. (CLICK HERE to view a copy of the stipulation/notice of voluntary dismissal)

QUESTION: What "DIFFERENCES" were RESOLVED and how are they "RESOLVED"?

The parties agreed that they will bear their own fees and costs.

TAXPAYER ISSUES: What was accomplished and how much did this cost the Village of Palmetto Bay taxpayers to defend? This is fair question and the Village Attorney should advise the public. This lawsuit was pending well over a year since being filed on August 20, 2018 with the Appellate Division of the Circuit Court (Case No.: 2018-000241-AP-01) and generated 48 docket entries - not including how many letters, e-mails and conferences, both telephonic and/or live. Substantial expenses went into this lawsuit that seemingly went nowhere other than to generate substantial fees and costs passed on to the innocent taxpayers - the village taxpayers are stuck with the bill.

Why was there no attempt to recover the costs for the taxpayers? 
Where can I find notice to the public that an item would come before the Village Council relative to the dismissal of this lawsuit?

NOTE: Indigo Street, LLC, is a Florida Corporation. It has a single officer/Manager: John DuBois (who also services as Palmetto Bay Vice Mayor). The Registered Agent (not an officer of the LLC) is Jeffrey Leary, who also acted as attorney of record in this Petition challenging the development order of the Village of Palmetto Bay. (CLICK HERE to view the 2019 annual report of Indigo Street, LLC as on record with Sunbiz.Org).

This case involved a Petition for Writ of Certiorari filed on behalf of the Corporation (LLC) known as Indigo Street, seeking to quash the decision of Palmetto Bay to approve the Shores at Palmetto Bay's application for site plan modification/approval. (CLICK HERE to download and view the entire 32 page petition filed with the 11th Judicial Circuit on August 20, 2018)

The petition arose out of an unanimous decision of the Village Council (4-0, Vice Mayor John DuBois was absent from the proceeding) to approve the application at the hearing held on July 24, 2018 (Zoning Resolution 2018-97 is NOT available online through the official Village website – CLICK HERE to view a copy that I posted).

NOTE: The Shores at Palmetto Bay is an ongoing zoning matter. See the Village notification posted online:

The Shores application is back before Palmetto Bay. This matter was noticed long prior to the stipulated dismissal of the Petition challenging this action, so we can assume that the Vice Mayor is good with the Shores moving forward both on the original approval as well as staff’s recent (in 2019) review and approval of administrative action approving site plan modifications. The notice posted on the Village website is that of a preliminary determination regarding the substantial compliance of site plan modifications for the Shores at Palmetto Bay (VPB-16-018), pursuant to Section 30-30.3(c) of the Village of Palmetto Bay Code of Ordinances: The Shores as Palmetto Bay (VPB-16-018) approved by Resolution 2018-97 on June 23, 2018 has made modifications to the site plan in order to comply with the conditions of Resolution 2018-97. (note not inconsistent - Emphasis added) Vice Mayor John DuBois did not participate in the conditions set in Zoning Resolution 2018-97.

Can we assume that John DuBois, at least either individually or as the sole officer of Indigo Street, LLC, is satisfied with the proposed site plan modifications that are presently being processed through the Village Administration? I would not understand a dismissal of his challenge if he was not in favor of the current status. 

Vice Mayor Runoff Election update - sample ballot - polling places listed - status of mail-in ballots

I am passing on this update on the 2016 Vice Mayor Runoff Election.

Pease note that effective today (11/15/2016), all Vote-By-Mail ballots have begun mail delivery by the Miami Dade Elections Department.

 

The Elections page of the Village website has been updated to include the following for the Run-Off scheduled for Tuesday, November 22, 2016:

 

·        Sample Ballot;

·        Polling Locations/Precincts;

·        Canvassing Board Schedule.  

 

For more information, please feel free to check out the page directly: http://www.palmettobay-fl.gov/content/election-2016#General Information

 

Here are the polling places for this Nov 22 runoff - note the same precincts as usual:

 

Sample ballot as follows:

 

More Answers to your questions - Checking the Palmetto Bay record - Coral Reef Park Baseball batting cages/storage - another 5-0 vote - but during a prior adminstration. Majority of Council stood up to attack from 2 members on the Neighborhood Protection Ordinance.

This is an additional update - this time answering the question as to the new batting cages/storage area at Coral Reef Park. The discussion before the council also morphed into what appears to be  an attempt to strike down the Neighborhood Protection Ordinance (NPO) as it applies to Churches, Schools and Institutions.

This is another of a series based upon some questions I receive during my meetings/walks in our parks.  I do believe that it is important to post answers for the public – for several reasons:

1.  It gets the answer out for all to see.
2. The answer remains available – there is no shifting or “evolving” of the answer to suit the specific audience or circumstance.

The storage batting cages were approved – again by a unanimous vote on March 4, 2013.  The meeting itself is contained in the minutes of March 4, 2013 – under the prior administration.  Only Vice Mayor DuBois and Councilman Schaffer remain from that administration.

The matter including the batting cages was moved forward by Vice Mayor John DuBois.  It was seconded by Councilman Patrick Fiore.  The minutes recording the discussion are found one pages 4-5 of 19 (CLICK HERE).  Ron E. Williams was the manager at that time.  Again, the batting cages were approved as part of Resolution 2013-18 on a 5-0 Vote - voting to approve were Mayor Stanczyk, Vice Mayor DuBois, and council members Fiore, Schaffer and Lindsay.

There was interesting discussion held at this meeting – as cited (and taken verbatim from page 6, 7):

Specific item (beginning page 4) - this was an item specifically regarding the Coral Reef Parks Master Plan, but then something strange happens; much like congress 2 members appear to try to undo the NPO:

RESOLUTIONS REQUIRING PUBLIC HEARING - Item A

A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO THE PARKS AND RECREATION PARKS MASTER PLAN; HOLDING A PUBLIC HEARING TO AUTHORIZE REVISIONS TO THE CORAL REEF PARK MASTER PLAN TO INCLUDE 1) TWO NEW BATTING CAGES TO REPLACE EXISTING; 2) REPLACEMENT OF THE TENNIS CENTER SPORTS LIGHTING SYSTEM AND 3) BENCHED SITTING AREAS WITH SHADE CANOPIES WITHIN TENNIS CENTER; ADDITIONALLY, APPROVING THE APPLICATION OF THE VILLAGE OF PALMETTO BAY REQUESTING ZONING APPROVAL PURSUANT TO SECTION 30-50.21 TO ALLOW FOR PUBLIC FACILITY PUBLIC USE AT THE PROPERTY KNOWN AS CORAL REEF PARK, 7895 SW 152 STREET; AND PROVIDING AN EFFECTIVE DATE.

Vice Mayor DuBois moved this item forward. Seconded by Councilman Fiore.

* * *

Vice Mayor DuBois stated that while he is in favor of approving the parks, he is not comfortable with having to modify the parks master plan and instead the Village should remove churches, schools, and institutions from the Neighborhood Protection Ordinances. Attorney Boutsis advised that the Village's Park plan does not have lighting currently, which approval would require a parks master plan amendment. She stated that this legislation is about approving what is currently at the park.

Vice Mayor DuBois stated that he is not in favor of making a master plan modification at this time until private schools and churches can be treated the same.

The matter was brought up for final votes after procedural wrangling (beginning page 7)

Councilman Fiore moved to approve the master plan, with an amendment for the Village Manager to provide quarterly reports concerning the tennis lighting, and to allow the same consideration for churches and schools. Seconded by Vice Mayor DuBois.

Attorney Boutsis advised that the amendment would not have an effect on churches and schools.

Vice Mayor DuBois suggested amending the matter to give the schools and churches automatic master plan approval for their master plan amendments.

Mayor Stanczyk noted that the motion is "meaningless", as there is no modification to the ordinances being considered.

All boldface emphasis was added

* * *

Finally, (Page 8): The question was called - All voted in favor of the motion (5-0.) Councilwoman Lindsay moved to approve government use at Coral Reef Park. Seconded by Councilman Fiore. All voted in favor. The motion passed unanimously (5-0.)
Please CLICK HERE to view Resolution 2013-18, the result of the March 4, 2013 public hearing/council meeting (JPEGs of this reso are also posted below)

Poker v planning - where do priorities lie? We need a team, not late-night diversions.

You don't have to like each other to work together in the best interest of the community.  With that said, readers know that I get a bit aggravated every now and then which leads me to express my opinion in this blog.  I need to know where our council priorities lie - getting ready to make some serious decisions or late-night poker games.

Critical decisions are being made regarding our 'downtown district' that will profoundly impact this village.  While council members may not always agree (and that is healthy), our disagreements should be based upon equal education on the issue. Each and every member of this village council has a duty to be fully apprised of all available information and not rely upon a 'general whim' or preconceived standard. Leadership is working to make educated decisions, seeking out information - and sometimes this takes travel and personal effort to get engaged beyond Palmetto Bay's municipal boundaries. Yes, like it or not, at times, proper discharge of our duties require that we spend some money and travel outside our Miami-Dade County bubble to see what works and does not work (there is plenty to see in the 'does not work" category here in Miami-Dade County. There is no need to travel for that purpose). We posted and promoted this important trip - there was no 'fun time' scheduled here, but perhaps that was the problem.  The plan was to gather innovative ideas and garner support for the downtown redevelopment initiative. Some Officials and Staff attended the Transit-Oriented & Urban Real Estate Conference, Oct. 20-22, to learn new strategies that will enhance the future redevelopment of our emerging downtown district. The plan was for Vice Mayor DuBois and I to travel for a mere 30 hours.

I thought I finally had the commitment from Vice Mayor John DuBois to at least take a look at some quality redevelopment as well as finally get engaged in lobbying our Federal representatives in DC. It appears that I was wrong. And I hope that my impressions are wrong; that he did not actually choose to ditch the trip in order to resurrect a late-night poker game.

All we wanted from him was a single full day; to study, observe and participate in the process, to be part of a team effort.  This would also assist in upcoming workshops. Several village officials (Manager, our Planner and Councilman Schaffer) went to participate in a seminar - this involved more than a single day.  Part of our time was involved in seeking a change in a major project funding bill (that will be covered in the Manager's report to be presented to council/the public at the Monday, Nov. 2 Regular Council meeting) The flight was to depart just after 2 PM on Wednesday, October 21, returning (wheels scheduled to touch down) at 11:01 PM the following day, Thursday, October 22.

Well, it appears that Village Clerk can lead the Vice Mayor to the airport, but we can't get him on a plane.  Unfortunately, he called the clerk, after she dropped him off and departed back to Palmetto Bay, to have her come back and pick him up from the airport.  I was told that he was there in plenty of time. Did he really 'miss' the flight or did he get cold feet and 'cancel' the trip, preferring to instead spend a late evening (8:30 PM to the following 2:30 AM) playing poker with his poker group?  - the e-mail he sent out troubles me:

Vice Mayor DuBois can admit or deny its authenticity.

As far as travel, Madam Clerk, I suggest that you get people to the airport earlier so they don't miss their flights!

Vice Mayor DuBois is reimbursing the Village for the expenses in lost airfare and hotel room. That is admirable. The money however, is less important than being part of a team and keeping commitments - as scheduled to meet with our representatives as well as to get educated first-hand on successful re-development issues. Or at least, as an important note to me, do not schedule any out of town events that my conflict with the Vice Mayor's late-night poker games. 

(Editor's note - comment's have been 'turned off' for this post)

John Dubois - Notice not to destroy evidence. What evidence? Ongoing lawsuit between John Dubois and Miami-Dade County

I was served this notice at Village Hall by Vice Mayor DuBois' personal attorney just prior to the start of the State of the Village Address.  I certainly will maintain anything in my possession, but I am at a loss to understand what information I could possibly offer John DuBois or his attorney. Can anyone assist me with understanding why the Palmetto Bay Vice Mayor wants to involve me in his personal litigation against Miami-Dade County?  This appears to be his ongoing fight, not mine. 

Cuban migrants arrive on shore in Palmetto Bay - Friday, Feb 6, 2015

Cuban migrants arrive on shore in Palmetto Bay: PALMETTO BAY, Fla. -- A group of Cuban migrants came ashore in Palmetto Bay, Friday morning - - landing at the home of Vice Mayor John Dubois. WSVN-TV - 7NEWS Miami Ft. Lauderdale News, Weather, Deco