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07-05-2011 Regular Meetings • Barbara Estep, MMC VILLAGE CLERK M IAMI SHORES VILLAGE Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 E-mail: EstepB(c�MiamiShoresVillage.com MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, July 5, 2011, in •the Council Chambers of Village Hall. The meeting was called to order at 7:00 PM with the following individuals present: • PRESENT: Jim McCoy Hunt Davis Al Davis Steve Loffredo Jesse Walters ALSO PRESENT: Tom Benton, Village Manager ABSENT: Richard Sarafan, Village Attorney Barbara Estep, Village Clerk on Vacation CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE JUNE 21, 2011 COUNCIL MEETING MINUTES. Vice Mayor Davis moved approval of the June 21, 2011 Council Meeting Minutes as presented. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 523.1 AND CREATING 523.1 (k) OF THE ZONING APPENDIX A, CONTAINED IN THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, CONDITIONALLY PROVIDING • FOR HYBRID ROOFS, SETTING FORTH THOSE CONDITIONS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING A SUNSET PROVISION, AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the Ordinance into the record. Mayor McCoy opened the floor for the Public Hearing but seeing no one step forward to comment on the proposed amendment, closed the Public Hearing. It was confirmed that the proposed amendment specified narrower spacing between tiles than what had originally been discussed for the roof system and also that the tile/metal colors were to be closely matched. Following these clarifications, Councilman Davis moved to adopt the ordinance on second reading. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE ATTORNEY Richard Sarafan A) REQUEST APPROVAL TO RELEASE DECLARATION OF USE FILED IN ERROR. As Mr. Sarafan was not present at the meeting, Mr. Benton provided the Council with background information regarding paperwork filed in error for property located at 9165 Park Drive and the necessary steps to rectify the error. Attorney Brookstein, a representative of the property owners who filed the paperwork, verified that the error was a simple mistake. Councilman Davis moved to approve the release of the Declaration of Use erroneously filed for 9165 Park Drive. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. • 3) • VILLAGE MANAGER Tom Benton A) APPROVAL OF THE SELECTION COMMITTEE'S RECOMMENDATION TO ENGAGE TY LIN TO PROVIDE CONSTRUCTION ENGINEERING INSPECTION SERVICES AND HORIZON CONTRACTORS TO PROVIDE CONSTRUCTION SERVICES FOR THE SAFE ROUTES TO SCHOOL SIDEWALK PROJECT. Mr. Benton offered information regarding the sidewalk project and the grant funds appropriated for the project. Mr. Benton summarized the results of the bids and requests solicited. The Village Public Works Director, Scott Davis, responded to specific questions regarding the available grant monies and the bid results. At the conclusion of the discussions, Councilman Davis moved to award the construction services to Horizon Contractors. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. Councilman Davis then moved to award the Engineering Inspection Services to TY Lin. Vice Mayor Davis seconded the motion and the vote was unanimous in favor of the motion. B) DISCUSSION AND POSSIBLE ACTION REGARDING PROVIDING DOMESTIC PARTNER INSURANCE BENEFITS TO VILLAGE EMPLOYEES. Mr. Benton introduced the item, indicating that Councilman Walters had spoken to him about the possibility of offering domestic partner benefits to Village employees prior to being elected to the Council. Mr. Benton stated that there was to be a 2.8% increase in the employee health insurance premium for the upcoming year, however the additional benefit would not affect the premium cost and the increase was not related to offering domestic partnership benefits. Council Members expressed their support of the benefit and their understanding that although there was no related increase in premium this year, there may be in the future. Mr. Benton advised that a policy and • • • guidelines would be developed, similar to what is standard in other municipalities. Councilman Walters moved to authorize the Village Manager to add the domestic partner benefit to the employee health insurance package. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. 4) VILLAGE COUNCIL A) DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSAL TO AMEND THE VILLAGE CODE TO CONDITIONALLY ALLOW FOR MOVIE SCREENINGS. (Jesse Walters) Councilman Walters provided information to the Council regarding the prospect of permitting movie screenings in the downtown area and thanked the Administration for their work on the proposed ordinance amendment. Councilman Walters indicated that he would like to see some leeway with the 200 seat requirement when the proposed amendment is under review by the Planning & Zoning Board. Attorney Coviello, a representative for the Children's Theatre, spoke about the Theatre's intensions and the language contained in the amendment. Individual Council Members voiced their opinions on the concept of allowing movie screenings at the existing Theatre as well as their views on allowing screenings in store -front settings. There were concerns expressed about providing security for the patrons and the surrounding neighbors and the fact that the Village cannot dictate movie content so the possibility exists of inappropriate movies being shown. The need for proper safeguards to be in place was discussed, including the issues of security and time schedule restrictions. Following the discussions, Councilman Loffredo moved to send the proposed ordinance amendment to the Planning & Zoning Board for their review and recommendations, such review to include the possibility/feasibility of store -front venues to be used for movie screenings, either through a special events permitting process or otherwise. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. B) DISCUSSION AND POSSIBLE ACTION REGARDING HALLOWEEN HOWL (Steve Loffredo) Councilman Loffredo read his memorandum into the record, expressing his hope to bring back the Halloween Howl event. He indicated that he has heard the Staff's concerns of the cost, security issues, and that the event had gotten too large to effectively manage. Council Members offered their thoughts regarding the past event, with some members indicating that they are not in favor of resurrecting the event, another member expressing mixed feelings and still another member, offering alternatives to a night-time, N.E. 2nd Avenue event. Councilman Loffredo, stating that he was not hearing a positive response to his suggestion, indicated that he would withdraw the item at this time. Council Members reiterated their concerns and said that alternatives may be possible in the future. 5) ANNOUNCEMENTS Ms. Estep read the announcements. 6) PUBLIC COMMENTS CF Chambers Mr. Chambers spoke about Halloween Howl. • • 7) COUNCIL COMMENTS Jesse Walters Councilman Walters thanked his colleagues for their considerations regarding the movie screenings and his belief that there is excellent room for compromise. Councilman Walters also spoke of the July 4th fireworks. Steve Loffredo Councilman Loffredo spoke of the 4th of July and thanked Commissioner Audrey Edmonson. Al Davis Councilman Davis thanked Commissioner Edmonson for funding the 4th of July fireworks and spoke of Mayor McCoy's moving the Mayor's Ball to November. Councilman Davis spoke of the upcoming Budget Workshop scheduled for Tuesday, July 12th at 6:00 PM. Hunt Davis Vice Mayor Davis echoed his colleague's comments regarding the 4th of July and spoke about the article regarding Hurricane Preparedness in the July issue of the Village Newsletter. Jim McCoy Mayor McCoy spoke of the Mayor's Ball being moved to November 5th, indicating that it will now kick-off the holiday season. Mayor McCoy also spoke of the generosity of Commissioner Edmonson. 8) ADJOURNMENT The July 5, 2011 Council Meeting was adjourned at 8:11 PM. Barbara A. Estep, MMC Village Clerk Jim McCoy, Mayor • • • AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority did personally appear VICKI KEISCH of who by me being duly sworn, did depose and say as follows: 1. The Affiant is the Managing Member of Devinella LLC, a Florida Limited Liability Company. 2. Devinella, LLC is the owner of the real property located at 9165 Park Drive, Miami Shores, Florida ("Property") 3. Devinella, LLC has applied to the Village of Miami Shores for a zoning variance to permit the construction of medical offices on the property. 4. During the process of applying for the variance Devinella, LLC was advised by its architect working with Devinella to obtain the variance that Devinella needed to file a "Declaration of Use" form with the Village. 5. ' Neither Devinella or its architect properly reviewed the Declaration of Use form prior to executing it and filing it with the Village and inadvertently on the form indicated that the Property would be used for a single family residence. 6. At all times Devinella has intended that the Property be utilized for medical offices and not as a single family residence. 7. The filing of the form with the single family residence utilization was due solely to the mistake of Devinella. Further affiant sayeth naught. Vicki Sworn to and subscribed before me this 2` ltay of June, 2011, by Vicki Keisch who is personally known to me or who produced her driver's license as identification. My Commission Expires: Noxaty pu tic— State o Personally Known Produced I.D. Type of I.D. Produce 0 7/0 Z/o(2._ Notary =u41ic State of Florida Andres Jose Olivares My Commission DD802961 Expires 07/02/2012 Florida tDL(k10`(.z 3fo2 0)