09-06-16MINMiami Shores Village
Office of the Village Clerk
10050 N.E.2nd Avenue
Miami Shores, Florida 33138
Barbara Estep, MMC
Village Clerk
MIAMI SHORES VILLAGE
BUDGET HEARING – FISCAL YEAR 2016-2017
The Miami Shores Village Council conducted the first of two Public Hearings on the Fiscal Year 2017
millage rates and budgets on Tuesday, September 6, 2016 beginning at 6:30 PM. The Hearing was held
in the Council Chambers of Village Hall 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
Richard Sarafan, Village Attorney
PRESENTATION AND DISCUSSION OF THE PROPOSED BUDGET AND PROPOSED MILLAGE
RATES (7.9000 AND .5054).
PUBLIC HEARINGS ON THE FOLLOWING TWO RESOLUTIONS:
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA,
ADOPTING THE TENTATIVE LEVYING OF AD VALOREM TAXES FOR MIAMI SHORES
VILLAGE FOR THE FISCAL YEAR 2017; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the resolution into the record. Vice Mayor Zelkowitz moved to approve the
Resolution adopting the tentative ad valorem tax levies for the 2017 fiscal year. Councilwoman Holly
seconded the motion. Councilwoman Ledesma spoke of the time afforded to the process and her comfort
level with the millage rates and budget. Mayor Burch opened the Public Hearing but as no one present
wished to speak on the proposed tax rates; the Mayor closed the Public Hearing and called for the vote
which was unanimous in favor of the motion.
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA,
ADOPTING THE TENTATIVE BUDGETS FOR FISCAL YEAR 2017; AND PROVIDING FOR AN
EFFECTIVE DATE.
Ms. Estep read the caption of the resolution into the record. Vice Mayor Zelkowitz moved to approve the
Resolution adopting the tentative budgets for the 2017 fiscal year. Councilwoman Ledesma seconded the
motion. Councilwoman Holly expressed her opinion that the proposed water fountains at Bayfront Park
should be removed from the list of capital projects and rather the funds should be left in the budget but
the project not pursued. Mayor Burch spoke of the discretionary funds included in the Mayor & Council
budget and her belief that those funds will be a cushion at the end of the year as the majority of Council
has indicated that they will not utilize the funds. Mayor Burch opened the Public Hearing on the
proposed Budget. Resident Patrice Gillespie Smith suggested that the Council fund a part-time position
for the MainStreet program. As no one else present wished to speak, the Mayor closed the Public Hearing
and called for the vote which was 4 to 1 in favor of the motion, with Councilwoman Holly dissenting.
The first Public Hearing on the 2017 millage rates and budgets was adjourned at 6:43 PM.
MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The regularly scheduled Council Meeting of September 6, 2016 was called to order at 6:45 PM with all
members of the Council present.
CONSIDERATIONS
1) FINANCE DEPARTMENT Holly Hugdahl
A) PRESENTATION AND ACCEPTANCE OF THE 2015 COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2015.
This item was deferred due to the absence of a representative of the auditing firm.
B) AWARD OF BID FOR DISASTER RECOVERY MANAGEMENT & MONITORING
SERVICES TO WITT/O’BRIEN’S.
Mr. Benton provided information regarding the storm related management and monitoring services
required per FEMA regulations. Councilwoman Ledesma moved to award the contract to
Witt/O’Brien’s per the bid documents submitted. Vice Mayor Zelkowitz seconded the motion and
the vote was unanimous in favor of the motion.
2) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE JULY 12TH BUDGET WORKSHOP MINUTES AND THE JULY
19TH COUNCIL MEETING MINUTES.
Vice Mayor Zelkowitz moved approval of the Budget Workshop and Council Meeting Minutes as
presented. 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
CHAPTER 18, ARTICLE III, GENERAL EIMPLOYEES PENSION PLAN, OF THE
VILLAGE CODE OF ORDINANCES TO COMPLY WITH INTERNAL REVENUE CODE
AND TREASURY REGULATION CHANGES PER THE 2007 CUMULATIVE LIST OF
CHANGES IN PLAN QUALIFICATION REQUIREMENTS AS APPROVED BY THE
FAVORABLE DETERMINATION LETTER DATED APRIL 20, 2016, PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN
EFFECTIVE DATE. (2nd & Final Reading)
C) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING
CHAPTER 18, ARTICLE IV, POLICE OFFICERS’ RETIREMENT SYSTEM, OF THE
VILLAGE CODE OF ORDINANCES TO COMPLY WITH INTERNAL REVENUE CODE
AND TREASURY REGULATION CHANGES PER THE 2007 CUMULATIVE LIST OF
CHANGES IN PLAN QUALIFICATION REQUIREMENTS AS APPROVED BY THE
FAVORABLE DETERMINATION LETTER DATED APRIL 20, 2016, PROVIDING FOR
CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN
EFFECTIVE DATE. (2nd & Final Reading)
Ms. Estep read the captions of the two proposed pension ordinances into the record and introduced
Special Pension Counsel, Sepi Tofigh, who was present to answer any questions. Ms. Tofigh indicated
that there are no substantive issues contained in the amendments, only changes as suggested by the IRS to
ensure compliance with their regulations. Mayor Burch opened the floor for the Public Hearings but as
no one came forward to comment, she subsequently closed the Public Hearings.
Councilman Ivonne Ledesma moved to approve the proposed Ordinance relating to the General Employee
Pension Plan on second and final reading. Vice Mayor Zelkowitz seconded the motion and the vote was
unanimous in favor of the motion.
Councilwoman Holly moved to approve the proposed Ordinance relating to the Police Officer’s
Retirement System on second and final reading. Councilman Glinn seconded the motion and the vote
was unanimous in favor of the motion.
D) REQUEST APPROVAL TO RENEW TURF AND LANDSCAPE MAINTENANCE JOINT
PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR CONTINUATION OF RIGHT-OF-WAY/MEDIAN
MAINTENANCE OF STATE ROADWAYS.
Vice Mayor Zelkowitz moved to approve the Turf and Landscape Maintenance Joint Participation
Agreement and contract renewals as presented. Councilwoman Holly seconded the motion and the vote
was unanimous in favor of the motion.
3) VILLAGE COUNCIL
A) DISCUSSION AND POSSIBLE ACTION REGARDING PURCHASING THE PROPERTY
ADJACENT TO OPTIMIST PARK. Councilman Mac Glinn
Councilman Glinn introduced the item and offered information regarding the property which is currently
in foreclosure. Mr. Benton and Mr. Sarafan provided information regarding their efforts and attempts to
work with the property’s representatives as was the Council’s directive. Mr. Sarafan reviewed the
property’s value as opposed to the Court’s Final Judgement dollar amount, as well as the particulars
surrounding the property’s proposed sale. The suggestion was made to have the Council, if the decision
is to move forward and attempt to purchase the property, set a dollar amount that the Administration is
authorized to expend to obtain the parcel.
A lengthy discussion amongst the Council, Mr. Sarafan and Mr. Benton ensued, with Council Members
expressing their opinions on the value of the property, it’s possible uses, zoning issues, and the likelihood
of a sale price and value to the Village.
Prior to a motion being formulated, Mayor Burch opened the floor for public comment.
Daniela Pellicciotti Ms. Pellicciotti indicated that the Village should look at the market value and
the other values mentioned by Mr. Sarafan. She suggested that the Council not decide during the meeting
as everyone that may be interested in the property would then know the Village’s bid.
Mr. Sarafan advised Ms. Pellicciotti regarding the sunshine laws and the requirement to discuss in an
open, public meeting.
Janet Goodman Ms. Goodman suggested that the Village speak to Commissioner Edmonson as
the County had recently acquired land in the Shorecrest neighborhood.
Mayor Burch closed public comment and asked for a motion on the item. Mr. Sarafan suggested a form
the motion could take without jeopardizing the Village’s position. Following another brief discussion,
Councilman Glinn moved to authorize Staff to bid for the property, with the bid not to exceed $650,000.
Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.
B) DISCUSSION AND POSSIBLE ACTION REGARDING
EVALUATIONS/PERFORMANCE REVIEWS. Councilwoman Ivonne Ledesma
Councilwoman Ledesma read portions of her memorandum to the Council into the record. She then
introduced Mr. David Scott, who made a presentation regarding the value of having outcomes tied to
strategic plans and the transparency of program goals and achievements through computer dashboard
screens. Following Mr. Scott’s presentation, Councilwoman Holly thanked him for the presentation and
expressed her opinion that the Village residents routinely let both the Council and the Manager’s office
know what is important to them and that the Village is much smaller than the municipalities he
mentioned, i.e. Atlanta and Baltimore.
Councilwoman Ledesma spoke of the missed opportunities by not conducting performance reviews and
that they are a common practice and expected in most organizations. Councilwoman Ledesma indicated
that at a minimum, performance evaluations should be done for the Manager, Attorney and Clerk, and she
would like to see evaluations conducted for all employees by their supervisors. Mr. Benton reviewed the
history and past problems associated with performance evaluations and the fact that the Village’s labor
attorney had advised that they should be discontinued. He stated that the alternative is to award COLA
(cost of living adjustments) and that individual salaries are reviewed on a case by case basis. Vice Mayor
Zelkowitz indicated that through his work with other cities he is aware that some conduct evaluations on
the administrative staff. Council Members expressed their views on the issue of performance reviews.
Mayor Burch opened the floor for public comment.
Douglas Barnes Mr. Barnes spoke in favor of instituting performance evaluations.
Daniela Pellicciotti Ms. Pellicciotti agreed that performance evaluations are important and that they
are good for the employee and the Village.
Nancy Cigno Ms. Cigno thanked Councilwoman Ledesma for bringing the issue before the
Council and believes that evaluations are important.
Xavier Peresrego Ms. Peresrego spoke in favor of performance reviews and indicated that they
don’t need to be tied to pay raises.
Mayor Burch closed the floor for public comment. Vice Mayor Zelkowitz indicated that an evaluation
form could be put together. Vice Mayor Zelkowitz indicated that Mr. Sarafan is engaged through a
contract with his firm, not as an individual. Councilwoman Ledesma agreed that it may not be
appropriate to evaluate Mr. Sarafan. Making amendments to prior motions which had been proposed, the
final motion was restated: move to begin evaluations for the Manager and the Clerk every October to start
in October, 2017 contingent upon a form and criteria being in place by the end of October, 2016 with
Councilwoman Ledesma and Vice Mayor Zelkowitz making the motion and the second respectively. The
vote was three to two in favor of the motion with Mayor Burch and Councilwoman Holly dissenting.
Administrative Staff will collect evaluation samples for review by the Council.
C) DISCUSSION AND POSSIBLE ACTION REGARDING PENSION OPTION POLICY
CHANGES FOR EMPLOYEES IN THE DROP. Councilwoman Ivonne Ledesma
Councilwoman Ledesma introduced the item and provided background information regarding a long term
employee who wants to change her benefit distribution selection. Councilwoman Ledesma read from her
memorandum, indicating that the policy and ordinances should be changed as to allow a change in the
distribution selection. She stated her belief that the issue is easily remedied and the cost would be passed
on to the employee. Mayor Burch read from the draft minutes of the most recent Pension Board meeting
where the issue was raised during the public comment portion of the meeting. She further stated that the
Board had previously denied the request to change the selection and that the Pension Attorney had
advised the Board against approval. Council discussion centered on whether it is common practice to
allow for a change in the distribution, the possible costs (actuary, attorney costs, etc.), unintended
consequences, and their empathy for the employee. Mr. Benton pointed out that even though there had
not been a dedicated Human Resource staff member at the time, Elizabeth Keeley had been handling
personnel issues for many years and had notated numerous meetings with the employee concerning the
selection. No action was taken on this issue.
4) ANNOUNCEMENTS
Ms. Estep read the announcements.
Vice Mayor Zelkowitz left the meeting at this time.
5) PUBLIC COMMENTS
None
6) COUNCIL COMMENTS
Herta Holly Councilwoman Holly spoke of the Police Chief’s new initiative “Chief Chats”.
Mac Glinn Councilman Glinn stated he is looking forward to another great year.
Ivonne Ledesma No Comment
Alice Burch Mayor Burch thanked Tom Benton and Elizabeth Keeley for their work in providing an
accurate picture of the Village with the Human Rights Campaign program. She also spoke of the king
tides expected in September and October.
7) ADJOURNMENT
The September 6, 2016 meeting was adjourned at 8:45 PM.
_________________________
Alice Burch, Mayor
_________________________
Barbara A. Estep, MMC
Village Clerk