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04-05-16MINMiami Shores Village 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 Barbara Estep, MMC Village Clerk MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, April 5, 2016 in the Council Chambers of Village Hall. The Meeting was called to order at 6:30 PM with the following individuals present: PRESENT: Alice Burch Steven Zelkowitz MacAdam Glinn Herta Holly Ivonne Ledesma ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Jesus Suarez, Assistant Village Attorney CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE MARCH 15, 2016 COUNCIL MEETING MINUTES AND THE MARCH 29, 2016 RESIDENT BUDGET WORKSHOP MINUTES. Vice Mayor Zelkowitz moved to approve both sets of Minutes as presented. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. 2) POLICE DEPARTMENT Chief Kevin Lystad A) REQUEST APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS IN THE AMOUNT OF $8,500 FOR INFORMED FAMILIES OF MIAMI-DADE COUNTY. Mayor Burch asked if there was any objection to consider the Police Department’s item prior to moving forward with the remainder of the agenda. As there was no objection, Chief Lystad provided a brief explanation of the Forfeiture Fund Request. Councilwoman Holly moved to approve the appropriation and expenditure of forfeiture funds as outlined. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion. 1) VILLAGE CLERK B) APPOINTMENT TO THE DOCTORS CHARTER SCHOOL BOARD – 1 Vacancy Applicants: Gabriela Cora Sue Edmiston Bradley Liff Diane Loffredo Ms. Estep advised that Mr. Liff and Ms. Loffredo had withdrawn their names from consideration. Ms. Edmiston was present and spoke on her own behalf. Paper ballots were voted, the results of which were that all members of the Council voted for Ms. Edmiston. C) APPOINTMENT TO THE RECREATION ADVISORY BOARD – 1 Vacancy Applicants: Alise Johnson Henry Michael Paluch William Reich Felipe Villamizar Ms. Estep advised the Council that Ms. Henry and Mr. Villamizar had time conflicts and were unable to attend the meeting. Mr. Paluch was present and spoke on his own behalf. Paper ballots were voted with the following results: Burch Michael Paluch Zelkowitz Felipe Villamizar Glinn Alise Henry Holly Michael Paluch Ledesma Felipe Villamizar As there was no individual receiving a majority of votes, a second ballot with only Michael Paluch and Filipe Villamizar eligible for appointment. The results of the second ballot were as follows: Burch Michael Paluch Zelkowitz Felipe Villamizar Glinn Felipe Villamizar Holly Michael Paluch Ledesma Felipe Villamizar By a majority vote of the Council, Mr. Villamizar was appointed to the Recreation Advisory Board. D) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 2-77 (a) AND (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) E) 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 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 items 1D and 1E into the record, indicating that the ordinances were presented on second and final reading and that a Public Hearing was required prior to Council voting. Ms. Estep confirmed that the items discussed during the March 15, 2016 Council Meeting were included in these versions of the ordinances. Mayor Burch opened the floor for the Public Hearing. Barry Perl Mr. Perl spoke in opposition to term limits, stating that the system in place works the way it is. Elizabeth Cowen Ms. Cowan indicated her appreciation for the Council’s enacting term limits. Barry Asmus Mr. Asmus provided statistical information regarding the Boards’ make up. Ron Buenconsejo Mr. Buenconsejo spoke in opposition to term limits. Jorge Mallo Mr. Mallo indicated that he doesn’t see that term limits are an issue. Mayor Burch closed the Public Hearing when no one further wished to speak. Council Members offered their thoughts on the proposed ordinances. Councilman Glinn moved to approve and adopt Item 1D and Item 1E. Councilwoman Ledesma seconded Councilman Glinn’s motions to approve Item 1D and 1E. Additional comments were offered by Council Members regarding their individual reasons for supporting or opposing the proposed ordinances. Following the discussions, Mayor Burch called for a vote of Item 1D, the resulting vote was 3 to 2 in favor of the motion with Mayor Burch and Councilwoman Holly dissenting. The vote on Item 1E was 3 to 2 in favor of the motion with Mayor Burch and Councilwoman Holly dissenting. F) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, RELATING TO SHORT-TERM VACATION RENTALS, PROVIDING A DEFINITION OF A “VACATION RENTAL”; REQUIRING A LICENSE TO OPERATE A VACATION RENTAL, PROVIDING STANDARDS FOR ISSUANCE AND REVOCATION OF A “VACATION RENTAL” LICENSE, REQUIRING INSURANCE FOR A “VACATION RENTAL”; PROVIDING STANDARDS OF OPERATIONS, PROVIDING FOR PENALTIES FOR VIOLATIONS OF THIS SECTION, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. (1st Reading) Vice Mayor Zelkowitz moved approval of the proposed ordinance on first reading. Councilwoman Holly seconded the motion. Mayor Burch opened the floor for public comment. Jorge Mallo Mr. Mallo spoke about the conditions endured living next to a home used as a vacation rental. Hunt Davis Mr. Davis spoke in favor of the ordinance, indicating it was a good first step in trying to mitigate the effects of vacation rentals. He urged the Council to continue pursuing changes in State law. Robert Chitty Mr. Chitty spoke of living on a street with a vacation rental and an uncaring homeowner, including the activities taking place at the vacation rental. Arlene Drexler Ms. Drexler spoke of the drugs, traffic and noise endured by the neighbors abutting the vacation rental. Barry Perl Mr. Perl empathized with the neighbors and spoke in support of the ordinance. Sal Gannon Mr. Gannon spoke of the vacation rental occupants disturbing the neighborhood. Barry Asmus Mr. Asmus urged the Council to make the ordinance as stringent as possible. Carmen Rennick Ms. Rennick spoke of some of the activities taking place at the vacation rentals which are more than likely not legal activities. Edith Donaldson Ms. Donaldson also spoke of the problems on N.E. 104th Street due to the vacation rental. As no additional individuals wished to speak, Mayor Burch closed public comment. Individual Council Members provided input regarding additional provisions they would like to see included in the ordinance if possible. Items such as requiring personal liability insurance, naming the Village as an Additional Insured, reference to the noise ordinance and the code enforcement tie in, i.e. Code violations, habitual offender language and property liens, including an increase in the proposed cost of the license were all mentioned. At the conclusion of the discussions, the Council asked Mr. Suarez to redraft the ordinance. The ordinance will be placed back on the agenda for first reading when re-drafted. No further action was taken on this item. 3) ANNOUNCEMENTS Ms. Estep read the announcements. 4) PUBLIC COMMENTS (3 Minute Time Limit Per Speaker) Douglas Barnes and Mary Benton spoke of climate change and sea level rise, speaking specifically on efforts being made by Coral Gables. Jorge Mallo Mr. Mallo spoke further regarding the proposed vacation rental ordinance. Marjorie Weber Ms. Weber spoke of sea level rise and climate change issues. 5) COUNCIL COMMENTS MacAdam Glinn Councilman Glinn raised the issue of a dog park and introduced the possibility of having a dog park on the triangle of land in front of the aquatic center, where the Britto artwork is currently located. Ivonne Ledesma Councilwoman Ledesma spoke of climate change and the implications for the Village. Herta Holly Councilwoman Holly spoke of the YGrene program and also thanked Staff for their work on all of the issues being explored by the Council. Steven Zelkowitz Vice Mayor Zelkowitz thanked Councilman Glinn for possibly finding a location for a dog park. He indicated that he is happy that the Village is moving forward with so many issues. Alice Burch Mayor Burch thanked the residents that attended the meeting and spoke of the great new production at the Miami Theater Center. 6) ADJOURNMENT The April 5, 2016 Council Meeting was adjourned at 8:35 PM. ________________________ Alice Burch, Mayor _________________________ Barbara A. Estep, MMC Village Clerk