Loading...
07-21-2015 Regular Meeting• MIAMI SHORES VILLAGE 10050 N.E.2nd Avenue Miami Shores, Florida 33138 Tel: (305) 795.2207 Fax: (305) 756,8972 Barbara Estep, MMC Vlllag� CCe#-k MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, July 21, 2015 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 Herta Holly Ivonne Ledesma Jesse Walters ALSO PRESENT: Tom Benton, Village Manager ABSENT: Richard Sarafan Barbara Estep, Village Clerk (On vacation) PRESENTATIONS Presentation on the 2015 Legislative Session by Robert Levy, Robert Levy & Associates Mr. Levy addressed the Council, providing them with general information regarding the political climate in Tallahassee and spoke of the Legislative Session in general. He provided information regarding the Special Session addressing the State's budget and appropriations as well as the many projects that were vetoed by the Governor. Mr. Levy spoke of the second Special Session to begin August 10th which has been called to complete the Supreme Court mandated district reapportionment. Lastly, Mr. Levy advised the Council that former State Representative Marty Bowen and Robert Beck have joined his firm to assist with lobbying and appropriations efforts. Councilwoman Ledesma questioned Mr. Levy's record and spoke of her dissatisfaction with obtaining State funds. The Council thanked Mr. Levy for his time and work on our behalf. Miami -Dade County Water & Sewer (WASA) representatives, Tom Marko, Jim Ferguson and Sergio Garcia presented information and a status update to the Council regarding the Village's water main and sewer system installation project. Mr. Marco explained WASA's permitting process and the various plan reviews that are necessary for a project such as the Village's. In response to questioning by the Council, Mr. Marco indicated that he would expect that WASA would be completing the water main installation permitting within the next number of weeks and certain portions of the sewer project permitting would follow soon afterwards. However, he went on to stress that there are three stages of the sewer project: the low pressure system, the pump stations and the force main. These will be reviewed separately as the required engineering varies between the processes. Mr. Marco stated that the County has not permitted a low pressure sewer system and so there is a learning curve for the permitting process. Mr. Marco advised the Council that once the plans are permitted, they will be reviewed by the Department of Health, Department of Environmental Management (DERM) and Public Works. • Council Members questioned the timeline and expressed some frustration due to the project delays. Mr. Marco stated that project permitting is a team effort and that all members of the team are cooperating and working towards getting the plans approved. Council thanked the representatives for their attendance. CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPOINTMENT OF ONE BOARD MEMBER TO THE DOCTORS CHARTER SCHOOL BOARD: Applicants: Geoff Dorney Tom Heine Brad Liff Judy Litt Sadri Medina Steve Mumby None of the applicants present wished to address the Council as they had previously introduced themselves during the June 16, 2015 Council Meeting. Paper ballots were voted with the following results: Ledesma = Stephen Mumby Walters = Stephen Mumby Burch = Brad Liff Zelkowitz = Stephen Mumby Holly = Tom Heine Mr. Stephen Mumby was appointed to the Doctors Charter School Board for a two year term. B) APPROVAL OF THE JULY 7, 2015 COUNCIL MEETING MINUTES, THE JULY 9, 2015 RESIDENT BUDGET WORKSHOP AND THE JULY 14, 2015 COUNCIL BUDGET WORKSHOP MINUTES. Councilwoman Ledesma asked that additional details be included in the Resident Budget Workshop and Council Budget Workshop minutes with respect to a funding request for tree trimming, estimated losses at the Aquatics Center, a request for a uniform RFP for the Police Department and information as to why the proposed command position cannot be filled from within the Police Department. Rather than waiting for amended minutes, Councilwoman Ledesma indicated she was comfortable with accepting that the changes would be done. Councilman Walters moved to approve all three sets of Minutes with the recommended changes. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion. C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL SETTING TENTATIVE OPERATING AND DEBT SERVICE AD VALOREM MILLAGE LEVIES FOR FISCAL YEAR 2015-2016, BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; SETTING THE TIME, DATE AND PLACE FOR THE TWO PUBLIC HEARINGS FOR THE FISCAL YEAR 2015-2016 OPERATING AND CAPITAL BUDGETS AND PROPOSED AD VALOREM MILLAGE LEVIES. Ms. Estep read the caption of the resolution into the record. Vice Mayor Zelkowitz moved to approve the Resolution. He further reiterated his wish to see if the millage rate can be reduced to 7.9 for presentation at the September public hearings. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. Council Members expressed their support of lowering the millage rate if feasible. D) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE MIAMI SHORES VILLAGE CODE OF ORDINANCES BY REPEALING CHAPTER 4, ALCOHOLIC BEVERAGES; TO ADOPT A NEW CHAPTER 4, ALCOHOLIC BEVERAGES, TO INCLUDE INCORPORATING CERTAIN PROVISIONS CURRENTLY CONTAINED IN THE ZONING "APPENDIX A" w RELATING TO SPECIAL APPROVALS BY THE VILLAGE COUNCIL, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. E) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE VILLAGE'S CODE OF ORDINANCES, "ZONING APPENDIX A" TO ADD WINE BAR TO THE LIST OF PERMITTED USES IN THE B-1 ZONING DISTRICT WITHIN THE SCHEDULE OF REGULATIONS; TO ALLOW FOR THE CONSUMPTION OF ALCOHOLIC BEVERAGES ON PREMISES CONDITIONAL ON MEETING CERTAIN CRITERIA; TO PROVIDE FOR OFF-STREET PARKING REGULATIONS; AND TO DELETE SEC. 610 GRANTING OF SPECIAL APPROVAL TO RESTAURANTS FOR CONSUMPTION OF BEER AND WINE ON PREMISES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the two ordinances into the record. Planning Director David Dacquisto outlined the details of the proposed amendments, indicating that he is looking for Council direction on several items that will affect the regulations and conditions included in the proposed amendments. Specifically, Mr. Dacquisto spoke of the definition of a wine bar and spoke of whether the Council sees allowing only wine sales or will a wine bar be permitted to sell beer as well. If both are permitted, will there be an allowable percentage of beer sales? The second major issue for which Staff is looking for direction is whether applicants will be reviewed and approved by the Council or the Administration. If the Administration, specific conditions will need to be outlined in the ordinance. At the present time, Mr. Dacquisto indicated that the proposed ordinance provides for the Council to approve the applications. Residents Kim Flower, Sarah Herald (representing Barry University), Frederick Kaufman and Patrice Gillespie -Smith spoke in favor of amending the Alcoholic Beverage ordinance to allow for the sale of alcohol, beer and wine in the downtown area. They spoke of the revitalization of downtown and the importance of expanding the permitted uses within the district. Vice Mayor Zelkowitz moved to approve the two ordinances on 1St reading. Councilman Walters seconded the motion. Council Members expressed their views on the proposed legislation. They spoke of their support of allowing beer sales at a "wine bar". Vice Mayor Zelkowitz voiced his opinion that the Administration is better suited to review and approve applications rather than the Council as Council may be subjective in their review but if the Administration is to approve the application, definitive criteria would be set out in the ordinance. Additionally, Vice Mayor Zelkowitz quoted Florida Statute 562.45(c) and indicated that requiring re-application on an annual basis may not be in compliance with the Statute. Mr. Dacquisto clarified that as the ordinance is written, there is to be no parking requirement listed as long as the restaurant or wine/beer bar is located in an existing building. It was noted that additional sections of the Village's Code of Ordinances may need to be amended to accommodate the proposed new Chapter 4. The consensus of the Council was to have Staff amend the proposed ordinances based on their discussions and return to the Council when completed. The vote on the motion to approve the ordinances as presented on first reading was called and was unanimous in favor of the motion. F) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ADDRESSING THE USE OF FUNDS BUDGETED FOR COUNCIL MEMBERS TO COVER EXPENSES ASSOCIATED WITH CARRYING OUT THE DUTIES OF OFFICE, PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the resolution into the record and explained that the resolution corresponds to the funding included in the Council's budget for the upcoming fiscal year. Council Members discussed the merits of having the funds available to use for attending workshops or seminars or League meetings. Councilwoman Ledesma moved to approve the presented resolution. Vice Mayor Zelkowitz seconded the motion and the vote was 4 to 1 in favor of the motion with Councilwoman Holly dissenting. 2) VILLAGE MANAGER Tom Benton A) DISCUSSION AND POSSIBLE ACTION REGARDING LOBBYIST SERVICES. Mr. Benton reviewed the issue of the Village's lobbying services. Councilman Walters suggested that due to the time and the number of items still to be heard, that the issue come back in the Fall when the Council would have had time to review Mr. Levy's earlier comments. Councilman Walters then moved to table the item. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion. B) REQUEST APPROVAL TO EXECUTE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND MIAMI SHORES VILLAGE FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM. Mr. Benton provided information regarding the proposed Interlocal Agreement, recommending that the Council approve executing the Agreement for the Village to utilize the County's solid waste management system. Councilwoman Holly moved to approve the item. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE COUNCIL A) DISCUSSION AND POSSIBLE ACTION ON COUNCIL RECEIVING PERIODIC REPORTS FROM THE VILLAGE'S BOARDS AND COMMISSIONS. Jesse Walters Councilman Walters provided the Council with information regarding the purpose of the agenda item and subsequently moved to ask the Chair of each Board or Committee to appear before the Council according to the schedule as presented. Councilwoman Ledesma seconded the motion. Following a discussion regarding Board and Committee minutes, Mr. Walters amended his motion to include ensuring that Board and Committee minutes are posted on the website. The vote when called was unanimous in favor of the motion. B) DISCUSSION OF AND POSSIBLE ACTION ON THE APPOINTMENT OF A MEMBER OF THE VILLAGE COUNCIL TO BE THE VILLAGE'S LIAISON TO THE LGBT COMMUNITY. Jesse Walters Councilman Walters provided information regarding the Human Rights Campaign Foundation which conducts an annual survey relating to gay rights policies and issues. The survey has a rating score system and in an attempt to increase the Village's rating score, Councilman Walters moved to appoint a Council Member or Staff person as the LGBT Liaison. Councilwoman Ledesma seconded the motion. Resident Giselle Kovac spoke in support of the Liaison indicating that the individual could be an important resource. Council Members expressed their views on the appointment and following clarification that Councilman Walters felt that an immediate appointment was called for, Vice Mayor Zelkowitz moved to appoint Councilman Walters as the LGBT liaison. Councilwoman Ledesma suggested that the individual be a Staff person rather than a member of the Council. Mayor Burch then brought up the subject of training and spoke of receiving grant funds to provide YES Institute sensitivity training. Following a brief discussion including an explanation from resident Giselle Kovac regarding the YES Institute, Councilman Walters amended his original motion to include YES Institute training. Councilwoman Ledesma seconded the amended motion. The vote was unanimous in favor of the motion. Councilman Walters accepted the appointment as the LGBT Liaison so that information can be forwarded to the Human Rights Campaign Foundation. Councilman Walters suggested that if possible, a Staff person be named in September. • C) REVIEW AND DISCUSSION REGARDING THE VILLAGE PARTICIPATING IN THE GREATER MIAMI SHORES CHAMBER OF COMMERCE 2015 GREEN DAY EVENT AS AN ORGANIZATIONAL SPONSOR AND THE POTENTIAL WAIVER OF FEES FOR MUNICIPAL SERVICES. Steven Zelkowitz Councilman Walters recused himself, stating that he has a voting conflict due to being employed by the Chamber of Commerce. Vice Mayor Zelkowitz stated that Green Day is viewed as a Shores event and that he would like the Village to participate. He then introduced the Chamber President, Johnathan Meltz to present the Chamber's request. Mr. Meltz, along with past participants of Green Day, including representatives from North Shore Hospital, Barry University and Proper Sausage, spoke in support of having the Village underwrite the staff costs associated with the event. In response to questioning, Mr. Benton indicated that the estimated staff costs total $9,200. Vice Mayor Zelkowitz moved to approve waiving the fees and being named a sponsor of the event. Councilwoman Ledesma seconded the motion. In light of the Council's request to lower the millage rate, Mayor Burch asked if the Chamber would accept less funding. Following a brief discussion, Mayor Burch called for a vote on the motion which resulted in a 3 to 1 vote with Mayor Burch dissenting. 4) ANNOUNCEMENTS Vice Mayor Zelkowitz reported that he attended the recent Charter School Board Meeting. He indicated that there was extensive discussion regarding the sublease agreement and the Board's desire to renegotiate the lease terms. Ms. Estep read the announcements including the planned timing for the September Public Hearings on the Budget. Due to scheduling conflicts with the County and School Board Hearings, the Budget Hearings are scheduled for Tuesday, September 8 and Tuesday, September 22. After clarifying that the dates of the regular Council Meetings could be changed, Vice Mayor Zelkowitz moved to have the two regular September Council Meeting dates moved to coincide with the Public Hearing dates. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. 5) PUBLIC COMMENTS No one present wished to speak. 6) COUNCIL COMMENTS Mayor Burch spoke of the importance of putting together hurricane kits for storm preparation. She also noted that the date for Barry University's 75th year celebration is October 3ra No other Council Member offered any comment. 7) ADJOURNMENT The Tuesday, July 21, 2015 Council Meeting was adjourned at 9:29 PM. Barbara A. Estep, MMC Village Clerk Alice Burch, Mayor FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS /NAME—MIDDLE ' LAST NAME—FIRST/9-re-224— 's/ - d MID C*7 4 �4 f� L L� d/ L- NAME BOARD, OUNCIL, �,Q®MIS�SI�ON, AU1( , OR COMMITTEE'c' �% ;�V,,,rU�,/L�; ry �® MAILIN ADDRESS PF. y7 d /, I 0 U 14 V jL THE BOA COUNCIL, COVMJMISSION, AUTHHOORI!/TY/OR �OMMICTT/E/ETON✓+ WHIC SERVE IS A UNIT OF: ITY CI COUNTY ❑ OTHER LOCAL AGENCY CITY ��/�%(/ CQUNTY y) (G�y( (� w1B�- /1/7t4 _ i � l '+!✓[i � NAME OF POLITICAL SUBDIVISION: DATE ON VdFi CH OTE C RRED ].R� � �/ (J�/I MY POSITION IS: ELECTIVE 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 Toss. 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 officer's 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 and 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 BE 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 8B - 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. DISC OSURE OF LOCAL OFFICER'S INTEREST 1, %j� I,Z�CJ t (4)4,,,'_, hereby disclose that on g)4 20 / a (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 Toss of my business associate, inured to the special gain or Toss 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: ,._.1 a 0 fved- /w7 - Date Filed d //s- er- 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 8B - EFF. 1/2000 PAGE 2