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03-15-16MINMiami Shores Village Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Barbara Estep, MMC Village Clerk MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, March 15, 2016 in the Council Chambers of Village Hall. The meeting was called to order at 6:35 PM with the following individuals present: PRESENT: Alice Burch Steven Zelkowitz (arrived at 6:40 PM) MacAdam Glinn Herta Holly Ivonne Ledesma ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATION Mr. Spencer Crowley, the County’s Florida Inland Navigation District Board Commissioner, presented information to the Council regarding their services and programs. CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE MARCH 1, 2016 COUNCIL MEETING MINUTES. Vice Mayor Zelkowitz moved to approve the March 1, 2016 Council Meeting Minutes. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 2-77(c), OF ARTICLE IV, CODE ENFORCEMENT BOARD; OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO THE BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (2nd & Final Reading) C) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 19-17, OF ARTICLE II, PLANNING BOARD; OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO THE BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (2nd & Final Reading). Ms. Estep read the captions of the proposed ordinances into the record. The Council chose to discuss the issue of term limits and the ordinances simultaneously. Councilwoman Ledesma made brief comments regarding the issue and stressed the purpose of instituting term limits is to give additional residents the opportunity to serve. She indicated that these two ordinances will serve as templates for the other Boards. Mayor Burch opened the floor for the public hearing. Barry Perl Mr. Perl spoke in opposition to term limits indicating that the Council currently has the ability to appoint or not appoint incumbents and that term limits will limit the Council’s options. He believes that the ordinances are a proposed solution to a problem that doesn’t exist. Manny Quiroga Mr. Quiroga stated that like any other job, it takes years to be good at what you do and indicated that there is a 3 to 4 year learning curve for the Code Board members. He stated that term limits are more appropriate for elected positions, not appointed board members. Mary Benton Ms. Benton spoke in favor of term limits, indicating that she started a petition because of her opinion that the people making decisions about things that she and others are passionate about, i.e. gardens and landscaping, are not experts in these subjects. Douglas Barnes Mr. Barnes spoke of the need for having more of a mix of talent on the boards. He expressed his appreciation for the board members service. Barry Asmus Mr. Asmus indicated that the system in place works very well as the Council has the ability to appoint incumbents or not. Molly Corville Ms. Corville talked about looking towards people who can actually make a difference or create a level of movement. Dick Direnzo Mr. Direnzo spoke about it being a time for change to include other people in the community. William Wells Mr. Wells indicated that the term limit ordinances are about change. He spoke of a special magistrate rather than a code enforcement board so that neighbors are not judging neighbors. Michael Compo Mr. Compo spoke of the number of times he applied and was not appointed to the P & Z Board. Thanked the gentlemen that serve on the Board but believes that service is the foundation of the community. Rod Buenconsejo Mr. Buenconsejo spoke of the many years he has served on the Code Board and his qualifications to do so due to his background as an environmental engineer. Bernard Lee Mr. Lee spoke of his disappointment with the application and appointment process. Steve Mumby Mr. Mumby indicated that the issue is not about term limits but about different, new thinking. Jorge Mallo Mr. Mallo stated that new is not always better and the need to adapt. He stated that what the Village is and has is what attracted everyone to move here. Eddie Miller Mr. Miller spoke of the Code Enforcement Board and at times, their inappropriate questions. Robert Menge Mr. Menge stated that he moved (many years ago) to Miami Shores because it is special and the extensive learning curve for the Code Board. Richard Fernandez Mr. Fernandez stated that the Code Board and Planning & Zoning Board are lightning rods, garnering criticism from many directions. He reminded people that new ideas are not up to the Boards, whose charge is to interpret and enforce the laws that the Council enacts. He further spoke of competence rather than qualified. As there was no one else wishing to speak on the matter, Mayor Burch closed the public hearing. Mayor Burch spoke of other city’s policies, including South Miami and Lighthouse Point, regarding term limits which vary from municipality to municipality. Councilwoman Ledesma concurred, citing Pinecrest and Key Biscayne as examples. Vice Mayor Zelkowitz voiced his opinion that term limits are a very thorny issue that people are passionate about. He stated that everyone has an opportunity to apply for appointment and it is an individual’s choice whether they continue to apply. Vice Mayor Zelkowitz outlined a number of items that are not contained in the ordinance that he would like to have included. Councilman Glinn spoke of the Planning & Zoning Board and Code Enforcement Board being the most contentious and that new applicants to those boards are at a disadvantage when incumbents are also applying. Councilman Glinn agreed with Vice Mayor Zelkowitz with respect to a number of provisions that are not currently in the proposed ordinance and spoke about the need to include competency and possibly a minimum residency requirement. Councilman Glinn stated that he could not support the ordinance as it is currently written. Councilwoman Holly spoke in opposition to term limits and indicated that board members are only following the codes that the Council has enacted. She expressed her opinion that there is change on the boards as a result of natural attrition with people that move, change jobs and don’t have the time to volunteer on a board, move to another board, etc. Councilwoman Ledesma reviewed the different language contained in her proposed ordinances with respect to people currently on the boards. Councilwoman Holly moved to reject the ordinance. The motion died for lack of a second. Ms. Estep suggested that she review the items mentioned by the Council for inclusion in the ordinance and if a consensus is reached on each individual item, the provision will be written into the proposed ordinance for review and approval on second reading. Subsequently, the Council expressed consensus to consider the following provisions in the draft ordinances where appropriate: a) Term limits of 8 years (4 - two year terms) and 9 years (3 - three year terms) for the Planning & Zoning Board and Code Enforcement Board respectively. b) At least one year of residency as a minimum qualification. c) A super majority vote of the Council may override the stipulated term limit or residency requirement. d) Term limited individuals shall vacate their position for a minimum of one regular term. e) Competency qualifications will be written into the Planning & Zoning Board requirements similar to the provision contained in the Code Enforcement Board code section. f) Current board member retention language as contained in the originally drafted ordinance as follows: “Incumbent Board Members holding office on January 1, 2016, regardless of their prior length of service, may continue to serve on the Board until their then existing term expires and shall be eligible for reappointment by the Council. Such reappointment would be deemed the individual’s second term with respect to the term limits set forth herein, such that said member(s) would not be eligible for appointment to another consecutive term thereafter.” Ms. Estep indicated that an amended draft will be placed on the April 5th agenda for further consideration on second and final reading. 2) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING SETTING A DATE FOR THE COUNCIL VISIONING SESSION. Mr. Benton provided information regarding the requested Council Visioning Session and a proposal from Dr. Bob Lee to facilitate the Session. Following a brief discussion, the Council chose Saturday, April 23, 2016, from 9:00 AM to 1:00 PM for the Session. It will take place in the Royal Palm Room of the Community Center. 3) ANNOUNCEMENTS Ms. Estep read the announcements. 4) PUBLIC COMMENTS (3 Minute Time Limit Per Speaker) Lou Perez Mr. Perez read a letter and submitted signed petitions opposing the siting of an antenna tower in the parking lot of the Lutheran Church. Robert Menge Mr. Menge spoke about the conditions and activities of the Miami Shores Motel and neighboring convenience store located in the County. Jorge Mallo Mr. Mallo also made a complaint regarding the Miami Shores Motel and the convenience store. Brett Firestone Mr. Firestone spoke of the problems with the Motel and neighborhood. Janet Goodman Ms. Goodman spoke about the Motel and her contact with the County’s Nuisance Abatement people. Eddie Lewis Mr. Lewis thanked the Council and Staff for Unity Day and spoke of the importance of supporting the Village. Barry Perl Mr. Perl asked the Council to use their good judgement and not impose term limits on future councils. TF Chambers Mr. Chambers spoke of the years he spent on the Planning Board. Ron Buenconsejo Mr. Buenconsejo asked the Council to oppose term limits. Richard Fernandez Mr. Fernandez spoke of unintended consequences that may result from imposing term limits. 5) COUNCIL COMMENTS Herta Holly Councilwoman Holly thanked everyone who attended the meeting and offered sympathy to the Heffernan family for their recent loss. MacAdam Glinn Councilman Glinn thanked the Staff for Unity Day. He also advised that the State funding for electric car charging stations was vetoed by the Governor. Ivonne Ledesma Councilwoman Ledesma thanked Councilman Glinn for his representation in Tallahassee and wished everyone a Happy St. Patrick’s Day. Councilwoman Ledesma stated that the motel is a real concern and that she will work towards a resolution. Steven Zelkowitz Vice Mayor Zelkowitz spoke of the death of Tina Heffernan. He thanked the board members who attended and commented on the term limit ordinances. Vice Mayor Zelkowitz stated that sometimes issues need to be addressed, not because they are popular but in order to consider the best practice for the Village. Alice Burch Mayor Burch spoke of the upcoming Concert in the Park and bike ride that will be prior to the concert. She reminded everyone about the Resident Budget Workshop scheduled for March 29th. 6) ADJOURNMENT The March 15, 2016 Council Meeting was adjourned at 9:20 PM. ________________________ Alice Burch, Mayor ___________________________ Barbara A. Estep, MMC Village Clerk