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10-20-2015 Regular MeetingMIAMI SHORES VILLAGE REGULAR COUNCIL MEETING • The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, October 20, 2015 at the C. Lawton McCall Community Center. The Meeting was called to order at 6:35 PM with the following individuals in attendance: • • PRESENT: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma ALSO PRESENT: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE OCTOBER 6, 2015 COUNCIL MEETING MINUTES. Councilwoman Ledesma moved approval of the October 6, 2015 meeting minutes. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. B) RATIFICATION OF THE FEDERATION OF PUBLIC EMPLOYEES (FPE) UNION CONTRACT. Mr. Benton provided a brief explanation of the union contract negotiation session, indicating that the membership had approved the contract terms. Councilwoman Holly moved to ratify the Union contract. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE PLANNING DEPARTMENT David Dacquisto A) 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. B) AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING THE VILLAGE CODE OF ORDINANCES, "ZONING APPENDIX A" TO ADD WINE CAFE 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 AND RESERVE 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. (2nd Reading) Ms. Estep read the title of the ordinances into the record. Vice Mayor Zelkowitz spoke of the proposed ordinances and the fact that he believes that Mr. Dacquisto has captured the majority of points raised in previous meetings. He stated that there is a need to protect the downtown area and surrounding residential neighbors so it is important to get the language correct prior to enacting the legislation. Vice Mayor Zelkowitz suggested deferring the two ordinances until the next meeting to provide him with time to meet with Mr. Dacquisto and Mr. Sarafan. Vice Mayor Zelkowitz then moved to defer the items. Councilwoman Holly seconded the motion. Council Members provided comments regarding the proposed ordinances and their individual suggestions for further amendments. At the conclusion of the discussion, Mayor Burch called for a vote on the motion which was unanimous in favor. 3) VILLAGE CLERK Barbara A. Estep Councilwoman Ledesma requested that the board appointments be deferred due to the resignation of Councilman Walters and not having a full five member Council. She subsequently made a motion to that effect which died for lack of a second. Mayor Burch indicated that applicants would be given the opportunity to introduce themselves and offer any pertinent information but due to the number of people applying for board appointments, a two minute time limit would be in given to the applicants. A) APPOINTMENTS TO THE PLANNING & ZONING BOARD Applicants: Robert Abramitis Patrizia Bonaduce Daniel Brady John Busta Michael Compo Carlos Diaz Richard Fernandez Brett Firestone Patrick Huber Mark David Hunter Ronald Kiefer Bernard Lee Christian Lopez Joel Robbins Following self -introductions by the applicants present, paper ballots were voted with the following results: Alice Burch Steve Zelkowitz Herta Holly Ivonne Ledesma John Busta John Busta Robert Abramitis Patricia Bonaduce Richard Fernandez Carlos Diaz Carlos Diaz Daniel Brady Patrick Huber Richard Fernandez Richard Fernandez Michael Compo Mr. Fernandez was voted onto the Board on the first ballot. A second ballot was voted with the following results: Alice Burch Steve Zelkowitz Herta Holly Ivonne Ledesma John Busta John Busta Robert Abramitis Patrizia Bonaduce Patrick Huber Carlos Diaz Carlos Diaz Patrick Huber With no one receiving a majority vote, a third ballot was voted with results as follows: Alice Burch Steve Zelkowitz Herta Holly Ivonne Ledesma John Busta John Busta John Busta Carlos Diaz Carlos Diaz Carlos Diaz Carlos Diaz Patrick Huber Misters Busta and Diaz were appointed to the Planning & Zoning Board. B) APPOINTMENTS TO THE CODE ENFORCEMENT BOARD Applicants: Patrick Huber Ronald Kiefer Robert Vickers John Patnik Applicants who were present spoke on their own behalf and the Council voted paper ballots with the following results: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Patrick Huber Patrick Huber John Patnik Patrick Huber Robert Vickers Robert Vickers Robert Vickers Ronald Kiefer Misters Huber and Vickers were appointed to the Code Enforcement Board. C) APPOINTMENTS TO THE RECREATION ADVISORY BOARD Applicants: Daniel Brady Manny Hadad Jonathan Meltz Jacqueline O'Donnell Vanessa Patz William Reich Ian Ross Steven Weber Alise Johnson Henry Michael O'Hara Carrie Reynoso Following self -introductions by applicants present, paper ballots were voted with the following results: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Daniel Brady Manny Hadad Manny Hadad Manny Hadad Jonathan Meltz Jonathan Meltz Alise Johnson Henry Alise Johnson Henry Jacqueline O'Donnell Jacqueline O'Donnell Jonathan Meltz Jonathan Meltz William Reich Ian Ross Jacqueline O'Donnell Carrie Reynoso Misters Manny Hadad and Jonathan Meltz, along with Ms. Jacqueline O'Donnell were appointed to the Recreation Advisory Board on the first ballot. A second ballot was voted to appoint the fourth vacancy with the following results: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Daniel Brady Daniel Brady Alise Johnson Henry Daniel Brady Mr. Daniel Brady was appointed to the Recreation Advisory Board. D) APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD Applicants: Seth Bramson Brett Firestone Abeer Jadallah Nina Korman Michael O'Hara Vanessa Patz Three vacancies are for two year terms and one vacancy is for a one year term. Council Members voted paper ballots resulting in Mr. Seth Bramson, Ms. Abeer Jadallah and Ms. Nina Korman being appointed to two year terms by a majority vote of the Council. As Ms. Vanessa Patz was the only other candidate receiving votes, she was appointed to a one year term on the Historic Preservation Board. Ballot information is as follows: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Seth Bramson Seth Bramson Seth Bramson Abeer Jadallah Abeer Jadallah Abeer Jadallah Abeer Jadallah Nina Korman Nina Korman Vanessa Patz Nina Korman Vanessa Patz E) APPOINTMENTS TO THE GENERAL EMPLOYEE PENSION BOARD Applicants: Tiffany Anderson Averill Dorsett Mark David Hunter Ronald Kiefer Thomas Longman Robert Williamson Council Members voted several rounds of paper ballots as follows: #1 Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Averill Dorsett Tiffany Anderson Averill Dorsett Averill Dorsett Ronald Kiefer Averill Dorsett Mark David Hunter Mark David Hunter Robert Williamson Thomas Longman Robert Williamson Ronald Kiefer Ms. Averill Dorset was appointed to the Board on the first ballot. A second ballot was voted with the following result al #2 Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Ronald Kiefer Tiffany Anderson Mark David Hunter Ronald Kiefer Robert Williamson Thomas Longman Robert Williamson Robert Williamson On the second ballot, Mr. Robert Williamson was appointed to the Board. Council Members voted a third ballot with the results as follows: #3 Alice Burch Ronald Kiefer Steven Zelkowitz Thomas Longman Herta Holly Ronald Kiefer Ivonne Ledesma Ronald Kiefer Mr. Ronald Kiefer was appointed to the General Employee Pension Board. F) APPOINTMENTS TO THE FINE ARTS COMMISSION Applicants: Brett Firestone Janet Goodman Candy Hurtado Bernard Lee Council Members voted paper ballots with the following results: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Janet Goodman Valentina Gutchess Valentina Gutchess Janet Goodman Valentina Gutchess Bernard Lee Candy Hurtado Valentina Gutchess Valentina Gutchess Michael Stock Michael Stock Michael Stock Michael Stock Candy Hurtado Ms. Valentina Gutchess and Mr. Michael Stock received a majority of votes and therefore were appointed to the Fine Arts Commission. A second round of voting occurred resulting in the following ballots being cast: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Janet Goodman Bernard Lee Candy Hurtado Janet Goodman As no one received a majority of votes, a third ballot was voted, the results of which are as follows: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Janet Goodman Janet Goodman Candy Hurtado Janet Goodman Ms. Janet Goodman was appointed to the Fine Arts Commission. G) APPOINTMENTS TO THE LIBRARY BOARD OF TRUSTEES Applicants: John Camp Elizabeth Cowen Donna Hurtak Ian Ross Village Council Members voted ballots to appoint the seat being vacated by Michael Clay who is resigning from the Board. The results of the balloting were as follows: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Donna Hurtak Donna Hurtak Donna Hurtak Elizabeth Cowen Ms. Donna Hurtak was appointed to the Library Board of Trustees. H) APPOINTMENTS TO THE COUNTRY CLUB ADVISORY BOARD Applicants: Peter Abrams Bruce Brown Mark Gallo Rocco Marando Linda Mennes Mario Pacheco William Waechter Four vacancies are for two year terms and two vacancies are for one year terms. Paper ballots were voted by the Council for the two year terms first with the following results: Alice Burch Steven Zelkowitz Herta Holly •Ivonne Ledesma • • Bruce Brown Bruce Brown Bruce Brown Mark Gallo Mary Killeen -Griffith Mark Gallo Mary Killeen -Griffith Rocco Marando Rocco Marando Mary Killeen -Griffith Rocco Marando Mario Pacheco Linda Mennes Linda Mennes Linda Mennes William Waechter Misters Bruce Brown and Rocco Marando, along with Ms. Mary Killeen -Griffith and Ms. Linda Mennes were appointed to two year terms on the Country Club Advisory Board. An additional ballot was voted for the one year terms, the voting of which returned the following results: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Mark Gallo Mark Gallo Mark Gallo Mark Gallo Mario Pacheco Mario Pacheco Mario Pacheco Mario Pacheco Misters Gallo and Pacheco were appointed to the one year terms. 4) VILLAGE COUNCIL Ivonne Ledesma A) DISCUSSION ON WHETHER OR NOT TO ESTABLISH A NEW MEETING PLACE FOR COUNCIL MEETINGS. Councilwoman Ledesma spoke of outgrowing the Council Chambers and having a need to accommodate the large number of residents she guarantees will attend future meetings. She indicated that changing the meeting location is confusing to the residents and she would like to have the meetings conducted in a new location for all future meetings. Vice Mayor Zelkowitz asked Councilwoman Ledesma if she had a suggestion in light of the correspondence the Council received from various individuals operating programs at the Community Center and the Recreation Department staff. Councilwoman Ledesma asked for information from the Village Manager regarding the status of the room in the Community Center which was in use for the Council Meeting. Mr. Benton reviewed the information provided by the Recreation Department relating to the number of programs that need to be moved to accommodate the Council Meetings. Mayor Burch provided additional information contained in the Recreation Department memo of the possible revenue losses due to the need to reschedule or cancel programs and the approximate staff costs to prepare for the meetings. Mayor Burch suggested setting up chairs in the Village Hall lobby and using the monitors that are established in the lobby. Mayor Burch indicated that it is cost effective solution and suggested that the Council hear from the residents in attendance. Cheryl Gowing Ms. Gowing suggested possibly using Doctors Charter School. Robert Vickers Mr. Vickers asked how Councilwoman Ledesma can guarantee large attendance and voiced his support of having Council Meetings in the Council Chambers. The consensus of the Council was to have Staff research possibilities and make recommendations. Mayor Burch announced Councilman Walters' resignation effective today, October 20th and asked Mr. Sarafan to outline the procedures for replacing Mr. Walters on the Council. Mr. Sarafan indicated that the Charter states that the four remaining Council Members may appoint a replacement to fulfil the term until the next scheduled Council election. Council Members expressed their opinions regarding making an appointment at this time, suggesting that Mac Glinn, who placed fourth in the April Council election be appointed. Following a brief discussion, Councilwoman Ledesma moved to appoint Mac Glinn to the Council. Vice Mayor Zelkowitz seconded the motion. Mr. Mac Glinn thanked the Council for their comments and indicated that he would be happy and honored to serve on the Council. Mayor Burch opened the floor for public comments. Robert Vickers Mr. Vickers indicated that he would like to be considered for the appointment. Richard Fernandez Mr. Fernandez stated that if Mr. Glinn is appointed to Council, there would be an additional vacancy on the Planning & Zoning Board. He suggested that Robert Abramitis be reconsidered. Michael Compo Mr. Compo stated his interest in appointment to the Planning & Zoning Board. Patrick Huber Mr. Huber expressed his support for Mac Glinn. Elizabeth Cowen Ms. Cowen indicated that based on the election results, Mac Glinn is next in line. Mary Griffith Ms. Griffith endorsed Mac Glinn. Manny Hadad Mr. Hadad supports Mac Glinn for appointment. Giselle Kovac Ms. Kovac supports Mac Glinn for the Council. Mayor Burch closed public comment and called for the vote which was unanimous in favor of the motion. Due to the newly created vacancy on the Planning & Zoning Board, the Council chose to complete ballots for the one additional vacancy. The results of the vote were as follows: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Robert Abramitis Patrizia Bonaduce Robert Abramitis Michael Compo As no one received a majority of votes, a second ballot was voted as follows: Alice Burch Steven Zelkowitz Herta Holly Ivonne Ledesma Robert Abramitis Robert Abramitis Robert Abramitis Michael Compo 4) ANNOUNCEMENTS • Ms. Estep read the announcements. 5) PUBLIC COMMENTS Elizabeth Cowen Ms. Cowen spoke of Jesse Walters' resignation. 6) COUNCIL COMMENTS • Ivonne Ledesma Councilwoman Ledesma expressed her sadness with the resignation of Jesse Walters who worked to include and represent all members of the community. She congratulated Mac Glinn on his appointment. Herta Holly Councilwoman Holly thanked all of the applicants for Board appointments. Steven Zelkowitz Vice Mayor Zelkowitz thanked the Board appointment applicants and thanked Jesse Walters for his service to the Village. Alice Burch Mayor Burch expressed thanks to the Council for moving forward with the appointment of Mac Glinn in the wake of Mr. Walters' resignation and made a number of announcements regarding upcoming events. 7) ADJOURNMENT The October 20, 2015 Council Meeting was adjourned at 8:47 PM. Barbara A. Estep, MMC Village Clerk Alice Burch, Mayor STATE OF FLORIDA MIAMI SHORES VILLAGE ) I, MacAdam Glinn , do solemnly swear (or affirm) that I will support the Constitution and will obey the laws of the United States and of the State of Florida, that I will, in all respects, observe the provisions of the Charter and Ordinances of Miami Shores Village, and will faithfully discharge the duties of the office of Council Member. So help me God. i SUBSCRIBED AND SWORN to before me: This 26th day of October, 2015. Josep P. Farina Retic -d Chief Judge 11` Judicial Circuit i