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09-08-2015 Regular Meeting• Barbara Estep, MMC Village, GCerk Miami Shores Village Office of the Village Clerk 10050 N.E.2nd Avenue Miami Shores, Florida 33138 MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The September 8, 2015 Council Meeting was called to order immediately following the conclusion of the scheduled Budget Hearing. The time was 6:40 PM. Mayor Burch, Vice Mayor Zelkowitz and Councilwoman Holly were present for the meeting. Councilwoman Ledesma and Councilman Walters were not in attendance due to illness. Vice Mayor Zelkowitz was also ill but attended the meeting in order to ensure a quorum was present. PRESENTATION REPORT FROM THE CHARTER SCHOOL BOARD CHAIR, DAVID BENJAMIN. Mr. Benjamin was not present at the beginning of the meeting. He was heard following the Announcements. . CONSIDERATIONS • 1) VILLAGE MANAGER Tom Benton A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL PROVIDING FOR CONSIDERATION AND APPROVAL OF THE LEVY OF NON -AD VALOREM ASSESSMENTS ON CERTAIN BENEFITTED PROPERTIES WITHIN THE VILLAGE BUSINESS DISTRICT FOR THE PURPOSE OF PROVIDING HIGH QUALITY DELIVERY OF POTABLE WATER AND WASTE WATER COLLECTION TO ALL BENEFITTED PROPERTIES WITHIN THE DESIGNATED AREA; PROVIDING FOR CONSIDERATION OF CERTAIN TECHNICAL REPORTS AND DATA; RECOMMENDING A METHOD OF LEVYING SAID ASSESSMENTS AND DETERMINING BENEFITS ARE IN PROPORTION TO EACH PROPERTY'S ASSESSMENT; PROVIDING FOR CONSIDERATION OF ALL TESTIMONY AND COMMENTS OF OWNERS OF AFFECTED PROPERTIES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR ADOPTION OF AN ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Ms. Estep read the caption of the Resolution into the record. Vice Mayor Zelkowitz moved approval of the resolution. Councilwoman Holly seconded the motion. Mayor Burch opened the floor for comments and testimony regarding the proposed levying of non -ad valorem assessments for the water and sewer project for downtown businesses. As no one present came forward, Mayor Burch closed the hearing and called for a vote which was unanimous in favor of the motion. NOTE: Due to the timing of when this agenda item was presented and heard, effected individuals were not present. Please refer to the end of these Minutes for additional information regarding this item. 2) VILLAGE CLERK Barbara A. Estep • A) APPROVAL OF THE JULY 21, 2015 COUNCIL MEETING MINUTES. • • Vice Mayor Zelkowitz moved approval of the July 21, 2015 Council Meeting Minutes. 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 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" RELATING TO SPECIAL APPROVALS BY THE VILLAGE COUNCIL; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Estep read the caption of the ordinance into the record. Attorney Sarafan suggested that this item be postponed until a future meeting as the proposed ordinance affects a portion of the Zoning Code for which the Planning & Zoning Board has not yet provided their recommendations regarding those changes. Councilwoman Holly moved to table the item. Vice Mayor Zelkowitz indicated that he would like to have additional discussion regarding the provisions of the ordinance, i.e. allowing for restaurants with bars and wine bars that also serve beer, but not to allow stand-alone bars (without food service). Also, due to his schedule, Vice Mayor Zelkowitz would like to table until October 6t' meeting. That date meeting the approval of Councilwoman Holly, Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion. C) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ADOPTING THE 2015 MIAMI-DADE COUNTY LOCAL MITIGATION STRATEGY; AUTHORIZING THE VILLAGE MANAGER TO IDENTIFY AND PRIORITIZE HAZARD MITIGATION GRANT PROGRAM PROJECTS TO BECOME A PART OF THE LOCAL AND STATEWIDE HAZARD MITIGATION STRATEGY. Ms. Estep read the caption of the resolution into the record. Mr. Benton offered a brief explanation of the issue and how the mitigation plan relates to the Village's flood program and resident's flood insurance rates. Vice Mayor Zelkowitz moved approval of the resolution. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. 3) VILLAGE COUNCIL Mayor Alice Burch A) DISCUSSION AND POSSIBLE ACTION CONCERNING AN EDUCATION COMPACT WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS. Mayor Burch provided information relating to education compacts and how a compact might be appropriate between the Miami Shores Elementary School and the Village. She indicated that the partnership would share resources. Mayor Burch indicated that she is looking to determine whether the Council might be interested in a compact and hearing from individuals involved with existing compacts within the County. Councilwoman Holly thought it a good idea and suggested that it would be helpful to hear from someone that sits on one of the existing compact advisory boards. Vice Mayor Zelkowitz concurred with Councilwoman Holly and suggested that the subject may be the topic for a workshop to be scheduled. 4) ANNOUNCEMENTS Ms. Estep read the announcements. • • • Mr. David Benjamin, Chair of the Doctors Charter School Board made a brief presentation regarding the Board, indicating that the Board recently appointed him as Chair and that the new Board had really only met twice since the majority of members were appointed by the Council. Mr. Benjamin indicated that he would be back before the Council in the coming months and spoke of a new committee being formed relating to outreach. 5) PUBLIC COMMENT Elizabeth Cowen Ms. Cowen spoke of speeding issues within the Village and delineated a number of things she believes could be done to help with traffic. Gwen Burzycki Ms. Burzycki thanked the Public Works Department for taking down some of the non-native trees in the neighborhood. Dick Direnzo Mr. Direnzo suggested that the Village develop a landscaping plan for 95th Street and 103rd Street, west of N.E. 2nd Avenue. Robert Menge Mr. Menge thanked the Police and Code Enforcement Departments for their response to a recent issue at his home relating to vicious dogs. Joan Dunn Ms. Dunn spoke of speeding throughout the Village and hopes that the Village is doing everything it can do to address the issue. Dennis Leyva Mr. Leyva spoke of speeding in the Village. 6) COUNCIL COMMENTS Herta Holly Councilwoman Holly addressed those in attendance regarding speeding, indicating that the Village Administration has gone to the County many times regarding slowing the speed limits with no success. Councilwoman Holly also spoke of remembering the fallen officers and victims of 9/11. Steven Zelkowitz Vice Mayor Zelkowitz thanked those in attendance for coming to the meeting. In addition, the Vice Mayor spoke of the recent events at a resident's home where animal rights protestors picketed. Alice Burch Mayor Burch congratulated Councilwoman Ledesma on the birth of her child. The Mayor also spoke of the Multimodal Mobility Study and upcoming events. 7) ADJOURNMENT The September 8, 2015 Council Meeting was adjourned at 7:25 PM. Subsequent to adjourning the meeting, Village officials were approached by individuals wishing to be heard regarding the non -ad valorem assessments for the water and sewer project, which they believed was to be considered at 7:00 PM. Thereafter, the Council Meeting was reconvened and Item 1 reconsidered. Ms. Estep read the caption of the Resolution. Mayor Burch asked for comments regarding the Resolution. Attorney Jed Kurzban spoke on behalf of the Masonic Lodge, summarizing the information contained in his letter of September 4, 2015 in which he raised objections to the assessment. A copy of the letter is filed in the Village Clerk's office. Mr. Sarafan asked that Special Counsel address the objections and Attorney Katherine Rossmell responded to Attorney Kurzban's comments. • • Masonic Lodge members Joe Bassler and Vito Lamave also spoke against the assessment for the Lodge. As there was no additional comment from those in attendance, Mayor Burch spoke on the issue and asked for a motion. Vice Mayor Zelkowitz moved to approve the resolution as presented. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. The meeting was adjourned at 7:50 PM. Barbara A. Estep, MMC Village Clerk Alice Burch, Mayor