05-05-2015 Regular MeetingMiami Shores Village
Office of the Village Clerk
10050 N.E.2nd Avenue
Miami Shores, Florida 33138
Barbara Estep, MMC
VLuage, Clerk
MIAMI SHORES VILLAGE
REGULAR COUNCIL MEETING
The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, May 5, 2015
in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following
individuals present:
PRESENT:
Alice Burch
Steven Zelkowitz
Herta Holly
Ivonne Ledesma
Jesse Walters
ALSO PRESENT: Tom Benton, Village Manager
Barbara Estep, Village Clerk
Richard Sarafan, Village Attorney
• PUBLIC INPUT:
Elizabeth Cowan provided the Council with information relating to the fence height issue and submitted
signed petitions urging the Council to allow for the extra height to the Clerk.
Miriam Rojas spoke in favor of a 6 foot fence height to allow for additional privacy and security for yards
and property.
Nicholas Dorn offered information relating to the Charter School's request to amend their charter.
Adriana Diaz Bergnes spoke in favor of increasing the allowable fence height to 6' for added security and
privacy.
CONSIDERATIONS
1) VILLAGE CLERK Barbara A. Estep
A) APPROVAL OF THE APRIL 21, 2015 COUNCIL MEETING MINUTES.
Vice Mayor Zelkowitz moved approval of the April 21, 2015 Council Meeting Minutes as submitted.
Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion.
B) APPOINTMENT OF ONE COUNCIL MEMBER TO THE GENERAL EMPLOYEE PENSION
BOARD.
Councilwoman Holly moved to appoint Mayor Burch to the General Employee Pension Board. Vice Mayor
Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.
C) APPOINTMENT OF TWO COUNCIL MEMBERS TO THE POLICE RETIREMENT
PENSION BOARD.
Councilman Walters moved to appoint Councilwoman Ledesma and Councilwoman Holly to the Police
Retirement Pension Board. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in
favor of the motion.
D) APPOINTMENT OF A COUNCIL REPRESENTATIVE TO THE MIAMI-DADE LEAGUE
OF CITIES.
Councilman Walters raised the subject of multiple Council members possibly wanting to attend the monthly
meeting and the fact that the Village does not currently have a policy to reimburse those Council members
not designated as the Village's representative to the Board. Councilwoman Ledesma also spoke on the issue,
indicating that it would lend legitimacy to their attendance. Setting the issue aside momentarily,
Councilman Walters moved to appoint Councilwoman Holly as the Village's representative at the Dade
League of Cities. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the
motion.
Councilman Walters then moved for the Village to fund the attendance of any Council member who would
like to attend up to two (2) Dade League meetings between now and the end of the fiscal year, September
30t. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.
E) APPOINTMENT OF A COUNCIL REPRESENTATIVE TO THE FLORIDA LEAGUE OF
CITIES.
Vice Mayor Zelkowitz moved to appoint Councilman Walters as the Village's representative to the Florida
League of Cities. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the
motion.
F) APPOINTMENT OF A COUNCIL REPRESENTATIVE TO THE GREEN CORRIDOR
DISTRICT BOARD OF DIRECTORS.
Vice Mayor Zelkowitz volunteered to serve on the Board and subsequently, Councilman Walters moved to
appoint Vice Mayor Zelkowitz as the Village's representative to the Green Corridor District Board of
Directors. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.
G) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL AUTHORIZING THE
CURRENT MAYOR TO BE SUBSTITUTED FOR THE PRIOR MAYOR, AS SIGNATORY FOR
APPLICABLE VILLAGE BANK ACCOUNTS, AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Estep read the caption of the Resolution into the record. Vice Mayor Zelkowitz moved approval of the
Resolution as presented. Councilwoman Holly seconded the motion and the vote was unanimous in favor of
the motion.
2) PLANNING DEPARTMENT David Dacquisto
A) DISCUSSION AND POSSIBLE ACTION REGARDING THE PLANNING & ZONING
BOARD'S RECOMMENDATIONS REGARDING FENCE HEIGHTS AND MATERIALS.
Mr. Sarafan provided clarification regarding the Council's possible actions with respect to the Planning &
Zoning Board's report. Councilman Walters then moved to approve allowing 6' fences in backyards. Mr.
Sarafan offered a suggestion on phrasing of a motion and subsequently Councilman Walters rephrased his
motion, moving to ask staff to prepare an ordinance that will allow 6' fences in the side and rear yards. Vice
Mayor Zelkowitz seconded the motion for discussion purposes. Councilwoman Holly expressed her
opposition to the higher fence height due to the isolating effect that could result. Mr. Benton began to ask
clarifying questions regarding the Council's thoughts on the proposed amendments, i.e. decorative scrolling,
PVC material, gate coverings. Council Members indicated that such fence accessories should be included in
the ordinance. Following additional discussion, Vice Mayor Zelkowitz offered an amendment to the original
motion to accept the recommended text offered by the Planning & Zoning Board regard light fixtures, post
caps and finials. Councilman Walters accepted Vice Mayor Zelkowitz's amendment to his motion. Further
discussion ensued regarding fencing materials to be allowed, consideration of corner lots, and the process of
amending the zoning code. At the conclusion of the discussion, Mayor Burch called for a vote which was
unanimous in favor of the motion.
3) DOCTORS CHARTER SCHOOL Nick Dorn, Executive Dir.
A) DISCUSSION AND POSSIBLE ACTION REGARDING AN AMENDMENT TO THE
SCHOOL'S CHARTER TO ALLOW FOR AN INCREASE IN STUDENT POPULATION.
Doctors Charter School Executive Director, Nick Dom, presented information regarding a proposed Charter
amendment to allow a maximum of 690 students. The request to increase the capacity is due to the School's
status as a "high performing school" and approval by the Village Council is required prior to consideration
by the Miami -Dade County School Board. Mr. Dorn confirmed that the proposed Charter amendment will
not jeopardize other portions of the School's Charter that are unique to the Doctors Charter School Charter.
Councilwoman Holly moved to approve the School's Charter amendment as proposed. Councilwoman
Ledesma seconded the motion and the vote was unanimous in favor of the motion.
4) VILLAGE COUNCIL
A) DISCUSSION AND POSSIBLE ACTION REGARDING CHANGING THE START TIME OF
VILLAGE COUNCIL MEETINGS. Jesse Walters
Councilman Walters spoke of his reasoning for wanting to change the start time of Council Meetings and
moved to change the meeting time to 6:00 PM effective with the May 19th meeting. Councilwoman Ledesma
seconded the motion for discussion purposes. Councilwoman Ledesma expressed concern with the proposed
6:00 PM start time, indicating that it may be too early but suggested that 6:30 or 7:00 PM may be better.
Councilwoman Holly voiced her opinion that the current 7:30 is okay as many residents who do not work in
the Village could not get here earlier. Vice Mayor Zelkowitz indicated that 7:30 is a bit late and stated his
preference of a 6:30 or 7:00 PM start time. Councilman Walters then amended his original motion to have
Council Meetings begin at 6:30 PM. Councilwoman Ledesma seconded the motion. The vote was 4 to 1 in
favor of the motion, with Councilwoman Holly voting in opposition.
B) DISCUSSION REGARDING THE SALE OF ALCOHOLIC BEVERAGES IN THE B-1
ZONING DISTRICT. Steven Zelkowitz
Vice Mayor Zelkowitz stated his purpose for the agenda item, indicating that he believes that the Village
should be prepared for when the water and sewer projects are completed. Vice Mayor Zelkowitz spoke of
the Coral Gables alcoholic beverage code provision which prohibits stand-alone bars but allows for alcohol
sales in restaurants that meet certain criteria. Councilmembers expressed their supportive views on the issue
and following a brief discussion, Vice Mayor Zelkowitz moved to request that Staff bring forward an
ordinance based loosely on the Coral Gables Code chapter. Councilwoman Holly seconded the motion and
the vote was unanimous in favor of the motion.
C) DISCUSSION REGARDING REVITALIZATION OF DOWNTOWN MIAMI SHORES (N.E.
2ND AVENUE). Steven Zelkowitz
Vice Mayor Zelkowitz offered information regarding the "pattern book" which was developed
for the City of Miramar and suggested that developing design criteria for the downtown area
would be beneficial. General discussion amongst the Council centered on the need to have
professional assistance in developing the criteria, parking issues, and permitting by the County
agencies, specifically Water & Sewer. Following the discussion, Vice Mayor Zelkowitz moved
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to have Staff schedule a workshop to further discuss downtown development criteria.
Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the
motion.
5) ANNOUNCEMENTS
Ms. Estep read the announcements.
6) PUBLIC COMMENTS
Christina Abrams Ms. Abrams spoke of loose dogs that are attacking cats throughout the Village.
Dennis Leyva Mr. Leyva spoke to the issue of valet parking and parking in general.
William Wells Mr. Wells commended the Council for taking steps to revitalize N.E. 2nd Avenue.
Javier Peresrego Mr. Peresrego spoke of the fence issue and the fact that he has a corner lot.
Patrick Huber Mr. Huber spoke of the possibility of having a crosswalk across Biscayne
Boulevard.
Damon Stimon Mr. Stimon spoke of the problems encountered in his neighborhood due to the
Church activities at the corner of N.E. 103rd Street and N.E. 2nd Avenue.
7) COUNCIL COMMENTS
Steve Zelkowitz Vice Mayor Zelkowitz thanked the residents for their attendance and participation.
He stated that the Council is here to be the voice of the residents.
Ivonne Ledesma
Jesse Walters
Herta Holly
Alice Burch
Councilwoman Ledesma thanked those that attended the meeting and her best
friend for driving her to the meeting and her health issues surrounding her
pregnancy.
Councilman Walters congratulated the election results and indicated that the
Council is energized by the new members.
No Comment
Mayor Burch thanked the residents attending the meeting and spoke of the
upcoming Board appointments.
8) ADJOURNMENT
The Tuesday, May 5, 2015 Council Meeting was adjourned at 9:06 PM.
Barbara A. Estep, MMC
Village Clerk
Alice Burch, Mayor