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2018-04-03 MINUTES1 MEETING MINUTES TUESDAY, APRIL 3, 2018 6:30 PM COUNCIL CHAMBERS 1. CALL TO ORDER Mayor Glinn called the meeting to order at 6:30 PM. 2. MOMENT OF SILENCE/ PLEDGE OF ALLEGIANCE 3. ROLL CALL (5) Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz (left the meeting at 7:18 PM) Also Present: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney At Councilwoman Burch’s request, there was consensus to change the Order of Business by moving Public Comments after Presentations. 4. PUBLIC COMMENTS (3 Minutes Time Limit Per Speaker) Mr. Lou Perez spoke in favor of Item 9B and thanked Councilman Meltz for acknowledging his concerns at the March 20 Village Council Meeting regarding speeding enforcement on N.E.103rd Street. He further elaborated on the importance of achieving consistent speed limit signs throughout the Village. Ms. Patrice Gillespie-Smith spoke in favor of changing the speed limit to 25 MPH Village-wide. Mr. Javier Munoz voiced his opposition to converting the 9301 NE 2nd Avenue property for restaurant use. Mr. Michael Byrd spoke in support of Item 9B and emphasized the importance of enforcing existing speed limits first. He further spoke in opposition to Item 8A and asked about the objective of the item . Mr. Mike Essington spoke in opposition to Item 8A and expressed concerns regarding the fiscal impact of joining the City of Weston lawsuit. Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Miami Shores Village 2 5. PRESENTATIONS A. CERTIFICATES OF APPRECIATION PRESENTED TO PLAZA 98 VOLUNTEERS Mayor Glinn and Councilwoman Burch, on behalf of the Village Council, presented the Certificates of Appreciation to the following volunteers for their contribution towards making Plaza 98 a success:  Catherine McLaney  Ines Hegedus-Garcia  Megan Gerstel  Joe Clark  Hollie Altman  Mary Benton  Dana Wall  GG Gonzalez  Giselle Kovac  Alisan Maas  Patrice Gillespie-Smith  Sheryl Piper  Tony Garcia  Juliet Wolk  Enrique Garcia  Roxanne Davies  Gladys Coia  John Camp  Christina Butler  Alice Burch  Scott Davis  Chris Miranda B. COUNTRY CLUB ADVISORY BOARD ANNUAL REPORT Mr. Marty Mennes, Chair of the Country Club Advisory Board, presented the board’s annual report. 6. APPROVAL OF THE MINUTES A. APPROVAL OF THE MARCH 20, 2018 VILLAGE COUNCIL MEETING MINUTES A motion was moved by Councilman Zelkowitz and seconded by Vice Mayor Brady to approve the March 20, 2018 Village Council Meeting Minutes. The motion passed unanimously. 7. ORDINANCE ON SECOND READING- PUBLIC HEARING A. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING SECTION 501, BANNING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE MUNICIPAL BOUNDARIES OF MIAMI SHORES VILLAGE; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). The Village Clerk read the title of the Ordinance into the record. Responding to Mayor Glinn’s request, Mr. Sarafan provided a brief overview of the amended ordinance, which deletes the “repeal and replace with” language and includes new language stipulating “amended to create a new Section 501(29)” outlined in Exhibit A. . Mayor Glinn opened the public hearing and subsequently closed it, as no one present wished to speak. A motion was moved by Councilwoman Burch and was seconded by Councilman Zelkowitz to adopt the Ordinance on Second Reading. 3 There being no discussion, Mayor Glinn called for the vote, which was unanimous in favor of the motion. 8. RESOLUTION- PUBLIC HEARING A. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE FLORIDA, AUTHORIZING AND DIRECTING THE FILING OF A LAWSUIT SEEKING A DECLARATION THAT THE PROVISIONS PUNISHING ELECTED OFFICIALS SET FORTH IN SECTION 790.33, FLORIDA STATUTES, FOR VIOLATING THE PREEMPTION RELATED TO THE REGULATION OF FIREARMS AND AMMUNITION ARE INVALID, AND INVITING OTHER LOCAL GOVERNMENTS TO JOIN THE LAWSUIT; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). The Village Clerk read the title of the resolution into the record. Mr. Sarafan provided a brief overview of the item, thereby disclosing the merits of the lawsuit and clarified the terms of retention, which include a not-to-exceed amount of $10,000 per municipality. Mayor Glinn opened the floor to public comments. Ms. Patrice-Gillespie Smith spoke in support of the Village joining the lawsuit to protect “home rule” powers of the Village under the Florida Constitution. There being no further public comments, Mayor Glinn closed the public hearing. Responding to Mayor Glinn’s inquiry, Mr. Sarafan stated the Village Council is currently preempted by the State of Florida on matters involving the ban of firearms in Village Hall, the Community Center, Village Parks, Doctors Charter School, to name a few. Individual Councilmembers shared their respective position on the proposed Resolution and discussed the merits and the terms of retention regarding joining the lawsuit. A motion was moved by Mayor Glinn and seconded by Vice Mayor Brady to approve the resolution as presented. There being no further discussion regarding the motion, Mayor Glinn called for a roll call vote, as per Councilman Zelkowitz’s request. The motion failed by a 2-3 roll call vote. Councilmembers Zelkowitz, Meltz, and Burch voted in opposition. Councilman Zelkowitz - No Councilman Meltz - No Councilwoman Burch – No Vice Mayor Brady- Yes Mayor Glinn- Yes By way of consensus, the Village Council directed Mr. Sarafan to draft and bring forth a Resolution expressing support and encouragement to the City of Weston and various other municipalities regarding their pending litigation. Due to a prior commitment, Councilman Zelkowitz left the meeting at 7:18 PM. 4 9. DISCUSSION & POSSIBLE ACTION ITEMS A. DISCUSSION AND POSSIBLE ACTION REGARDING THE CREATION OF A CITIZEN OF THE MONTH AND STUDENT CITIZEN OF THE MONTH PROGRAMS (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). Councilman Meltz provided a brief overview of the item and mentioned the importance of recognizing, on a monthly basis, residents who are contributing to the Miami Shores community and further suggested designating the newly established Education Advisory Board to work with local schools to nominate students on a monthly basis. The Village Council discussed lowering the frequency of the presentations to a quarterly basis and leveraging the support of the Greater Miami Shores Chamber of Commerce to link the initiative to its Citizen of the Year recognition program, as suggested by Councilwoman Burch. Mayor Glinn spoke in favor of reinstating the House of the Month recognition program. By way of consensus, the Village Council agreed to the creation of a Citizen and Student Recognition Programs and for the item to be brought forth with specific details concerning presentation frequency, nomination criteria, and the administration of the program at a future meeting for additional Village Council consideration. No further action was taken on this item. B. DISCUSSION AND POSSIBLE ACTION REGARDING IMPLEMENTING A 25 MPH TRAFFIC CALMING PROGRAM (STAFF: VILLAGE MANAGER). Mr. Benton introduced the item and informed there are approximately 135 locations that require 25 MPH speed limit signs should the Village Council decide to change all of the applicable signs in the entire Village. Mr. Benton noted the lowering of speed limits to 25 MPH throughout residential streets does not apply to any of the State or County owned collector roadways, such as 103rd Street, Miami Avenue, and NE 2nd Avenue. As stated in his memo, Mr. Benton recommended the Village start out with posting approximately 65 signs in the areas identified in the traffic study as having a speeding problem . He further recommended the Village spend the remaining amount of the traffic calming budget on the speed tables. Mr. Benton sought direction from the Village Council as to which alternative to pursue concerning the post type. A motion was moved by Councilwoman Burch and seconded by Vice Mayor Brady to approve the Village Manager’s recommendation as stated in his memo and to direct staff to move forward with the standard “u” iron posts. Mr. Benton recommended tabling the item to the next Village Council meeting, as he’s working with Miami Dade County on attaining rubberized speed humps instead of the costlier asphalt type and he would further like to present information concerning the lead time on the green posts before the Village Council makes a determination. The motion on the floor was withdrawn. A motion was moved by Councilman Meltz and seconded by Vice Mayor Brady to defer the item to allow the Village Manager to finalize the above-referenced matters and for it to be brought forth for Village Council consideration at the April 17, 2018 Village Council Meeting. The motion passed unanimously. No further action was taken on this item. 5 C. SEWER SYSTEM PROJECT UPDATE BY THE VILLAGE MANAGER. Mr. Benton reported the Theatre Building has received permission to submit plans and specifications to connect to the sewer system. Staff has submitted plans for Village Hall, the Police Station, and the 9900 Building. Staff is expecting comments on the approval from Miami-Dade County’s Department of Environmental Resources Management No further discussion or action was taken on this item. 10. ANNOUNCEMENTS The Village Clerk read the announcements. 11. VILLAGE COUNCIL COMMENTS Councilwoman Burch- Recognized Catherine McLaney for her presence throughout the entire meeting and for her contribution to making Plaza 98 a success. Councilman Meltz- No Comments. Councilman Zelkowitz- No Comments (left the meeting). Vice Mayor Brady- Thanked everyone who shared their input during public comments. Mayor Glinn- Thanked the public for attending the meeting and sharing their comments. 12. ADJOURNMENT There being no further business before the Village Council, the meeting was adjourned at 7:55 PM.