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06-03-2014 Regular MeetingMiami Shores Village 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756.8972 Barbara Estep, MMC Gage, Clerk • MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, June 3, 2014 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following individuals present: PRESENT: Herta Holly Jesse Walters Hunt Davis Ivonne Ledesma Jim McCoy ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney PRESENTATION Village of Pinecrest Councilman, James E. McDonald, spoke to the Council regarding his opposition to a destination casino in Miami. CONSIDERATIONS 1) VILLAGE COUNCIL Ivonne Ledesma A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, RECOGNIZING THAT AN OVERWHELMING MAJORITY OF THE MIAMI-DADE COUNTY ELECTORATE VOTED TO SUPPORT THE INITIATIVES PRESENTED BY PETS' TRUST; URGING THE MIAMI-DADE COUNTY COMMISSION TO IMPLEMENT THE WILL OF THE PEOPLE IN THIS CURRENT BUDGET SESSION BY ESTABLISHING THE FUNDING MECHANISMS FOR SAID INITIATIVES; AND ENCOURAGING OTHER MIAMI-DADE COUNTY MUNICIPALITIES TO JOIN MIAMI SHORES IN THEIR SUPPORT FOR THE PETS' TRUST; PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the resolution into the record. Councilwoman Ledesma indicated that individuals representing the issue were present to speak on the matter. Ms. Irene Sacada and Mr. Michael Rosenberg spoke on behalf of the Pets' Trust which advocates for a spay/neuter program to help with pet overpopulation. Mr. Rosenberg offered information regarding the straw ballot voted on by County residents back in the fall of 2012 and the fact that the County Commission has not raised the tax rate or funded the Trust which was called for in the referendum. Councilwoman Ledesma summarized the purpose for the resolutions and spoke briefly about the resident complaints regarding cat colonies and stray animals in the Village. Individual Council Members asked questions and offered their opinions on the problems of stray animals and the large number of animals in the Village and County. Council Members specifically spoke of the complaints they receive on a regular basis and a major problem stemming from a few residents that feed stray/feral cats. Following a lengthy discussion, Councilwoman Ledesma moved to approve the resolution as presented. Vice Mayor Walters seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE CLERK Barbara A. Estep Ms. Estep advised the Council that the Administration wished to add an emergency item to the agenda with respect to the purchase of a 15 passenger van for the Recreation Department. Councilman Davis moved to add the item to the agenda as requested. Councilman McCoy seconded the motion and the vote was unanimous in favor of the motion. Mr. Benton provided information to the Council regarding the proposed purchase, indicating that a van was budgeted in the capital budget but due to circumstances and the unavailability of vans through either Ford or Chevrolet, the Village was working with a local dealer to obtain a van from out of the area. The van is needed to transport children in the summer camp programs as well as the afterschool program. Councilwoman Ledesma asked about the possibility of obtaining a "green" vehicle for the programs. Councilman McCoy moved to approve the purchase of the new van. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. A) APPROVAL OF THE MAY 20, 2014 COUNCIL MEETING MINUTES. Councilman Davis pointed out a typo on the second page of the minutes and then moved approval of the May 20, 2014 Council Meeting Minutes as corrected. Councilman McCoy seconded the motion and the vote was unanimous in favor of the motion. B) AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 14, SECTION 14-33 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, INCREASING RATES FOR LOCAL BUSINESS TAX RECEIPTS AS CONTAINED WITHIN THE SCHEDULE OF LOCAL BUSINESS TAXES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the ordinance into the record, stating that the ordinance was before the Council on its second and final reading and had been properly noticed per the Statutes. Mayor Holly opened the floor for the public hearing but with no one coming forward, the Mayor closed the public hearing. Councilman McCoy moved to adopt the ordinance as presented. Councilman Davis seconded the motion and the vote was 4 to 1, with Vice Mayor Walters dissenting. 3) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FROM THE GREATER MIAMI SHORES CHAMBER OF COMMERCE TO WAIVE THE FEES ASSOCIATED WITH PROVIDING SERVICES FOR THE CHAMBER'S GREEN DAY EVENT SCHEDULED FOR OCTOBER 18, 2014. Mr. Benton introduced the Chamber President, Lance Harke, who was present and spoke on behalf of the Chamber with respect to the request before the Council. Mr. Harke offered highlights and a recap of the 2013 Green Day event and indicated their intent to provide additional activities for children and an expansion of the event by one hour. Council Members voiced their support for the event, but Councilman Davis, Councilman McCoy and Mayor Holly spoke of their concerns regarding the Chamber's request to waive the cost for Village services with the emphasis being on fiscal responsibility and providing assistance to the Chamber when the Village does not provide similar assistance to other organizations that conduct festivals within the community. Mr. Harke spoke of the importance of the event for the downtown businesses and the community at large, as the Chamber is an organization of individuals and friends, not focused on businesses. Mr. Harke stated that the request is for a small investment by the Village for a big outcome. A lengthy discussion ensued, following which Councilwoman Ledesma moved to have the Village waive the service fees associated with the event. Councilman McCoy seconded the motion. Vice Mayor Walters, who did not take part in the discussion, disclosed his voting conflict as he is employed by the Chamber of Commerce. The resulting vote was 2 to 2 and therefore the motion did not pass. Mayor Holly and Councilman Davis voted against the motion. B) REQUEST APPROVAL TO EXECUTE RECYCLING AGREEMENT ADDENDUM TO PROVIDE RECYCLING SERVICES TO BISCAYNE PARK FOR A 120 DAY PERIOD. Mr. Benton provided information regarding extending the recycling services to Biscayne Park. Councilman McCoy moved approval of the request to execute an agreement addendum. Councilman Davis seconded the motion and the vote was unanimous in favor of the motion. C) DISCUSSION AND POSSIBLE ACTION REGARDING ENGAGING AN AGENCY TO CONDUCT A RESIDENT SATISFACTION SURVEY. Mr. Benton summarized the Council's directive issued at a previous meeting and spoke of the research conducted with respect to agencies that conduct resident surveys. Mr. Benton stated his recommendation of FIU as the agency to conduct a survey and provided the Council with his reasoning. Mr. Benton indicated that Ms. Maria Ilcheva was present to respond to any questions the Council may have regarding a resident survey. Councilman Davis expressed concerns regarding conducting a general survey and spoke about taking a more targeted approach. He would like to see specific questions which would move towards a new community center rather than conducting a fishing expedition. Councilman Davis then moved to table the item. Councilman McCoy seconded the motion. Councilwoman Ledesma reiterated her thoughts on the importance of getting input and receiving feedback from the residents and that a survey is a good way to measure how the Village is doing. The question was called with a resultant vote of three to two in favor of the motion to table. Vice Mayor Walters and Councilwoman Ledesma voted against the motion. 4) ANNOUNCEMENTS Ms. Estep read the announcements. 5) PUBLIC COMMENTS Susan Ackley Ms. Ackley spoke of the Green Day event and the recent Theater event. Kathy Sanchez Ms. Sanchez spoke of the downtown businesses. 6) COUNCIL COMMENTS Ivonne Ledesma Councilwoman Ledesma spoke of the upcoming Board appointments and thanked Mayor Holly, Councilman Davis and Councilman McCoy for their thoughtful questions and commentary on the issues. Jesse Walters Vice Mayor Walters spoke of his dismay with the Council and recapped the Council's actions of the evening, stating his opinion that it was the worst meeting he had been present for in his three years on Council. • • Hunt Davis Councilman Davis spoke of the difficult meeting but stressed the fact that sometimes meetings will be difficult. He spoke of bringing an item before the Council with respect to a community center. Jim McCoy Councilman McCoy talked of not personalizing the differences of opinion and that council members are not always going to agree on issues. He thanked the people in attendance for their patience and wished everyone a safe and happy summer, reminding everyone that school would be in recess by the end of the week. Herta Holly Mayor Holly spoke of the July 4th fireworks being sponsored by residents Robert Bourne and John Challenor. 7) ADJOURNMENT The June 3, 2014 Council Meeting was adjourned at 9:06 PM. Barbara A. Estep, MMC Village Clerk Herta Holly, Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAVE-7FIRST NAME -MIDDLE N ME T .6P,r, V'E" NAME OF BOARD, COUNC.IL,r1SSION, AUTHerRITY, OR COMMITTEE _ 9 711 i 4. 44i-revr a //tie -6si.,<-.e., t MAILING,,ADDRESS-- 9sAil (174)47-74 '‘Ye2 /J THE BOA , COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON VVHIC ERVE IS A UNIT QF: CITY El COUNTY Q OTHER LOCAL AGENCY CITY ), '---/- - cf/ COUNTY ,er- Jr) ( ---ks 4/1 i 4 4 ' t -I-4"e NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED (I'd c/17 ' V MY POSITION IS: 12''‘OTIVE CI APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee, It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate'' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing arid filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL SE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - EFF. 1/2000 PAGE 1 • APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. • DISCLOSURE OF LOCAL OFFICER'S INTEREST 1.e4f(iCe Vali(rj' , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, 2O/'< inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me, (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: T wolk ciA,zet 71‘;-, e Avk x yori,e„x 1 Date Filed Signature 4111 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112,317, A FAILURE TO MAKE ANY. REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 1/2000 PAGE 2