MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING April 5, 2011

The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, April 5, 2011 in the Council Chambers of Village Hall.  The meeting was called to order at 7:30 PM with the following individuals present:


PRESENT:

 

 

 

Al Davis

Prospero Herrera

Hunt Davis

Herta Holly

Steve Loffredo

ALSO PRESENT:

 Tom Benton, Village Manager

 Barbara Estep, Village Clerk

 Richard Sarafan, Village Attorney

 

PRESENTATIONS

 

Ms. Estep read the Proclamation in honor of Water Conservation Month.

 

CONSIDERATIONS

 

1)        FINANCE DEPARTMENT                                                          Holly Hugdahl

 

           A)    PRESENTATION AND ACCEPTANCE OF THE 2009 FINANCIAL STATEMENTS 

           REPORT.

 

Mrs. Holly moved to accept the 2009 Financial Statements as presented.  Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion.

 

           B)    A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA,

           CREATING BUDGET AMENDMENT #2 TO THE FY2010-11 OPERATING BUDGETS            TOTALING $2,549,484 REAPPROPRIATING $126,526 FROM THE GENERAL RESERVED FUND BALANCE,  $7,000 FROM THE STORMWATER ENTERPRISE FUND, $18,180 FROM THE RISK

           MANAGEMENT INTERNAL SERVICE FUND, $6,000 FROM THE LOCAL OPTION GAS TAX

           FUND, $2,379,206 FROM THE CAPITAL FUND BALANCE; AND $12,572 FROM THE FLEET

           MAINTENANCE INTERNAL SERVICE FUND, WHICH WILL ALL BE USED FOR

           OUTSTANDING FINANCIAL OBLIGATIONS INCURRED PRIOR TO SEPTEMBER 30, 2010.

 

Ms. Estep read the caption of the Resolution into the record.  Mrs. Holly moved approval of the proposed Resolution creating Budget Amendment #2 to the 2010-2011 Operating Budget.  Mr. Herrera seconded the motion.  It was confirmed that this is considered a housekeeping issue which carries forward funds from the previous fiscal year to pay for items or services which were purchased in 2009-2010 but were not paid until this fiscal year.  The vote, when taken, was unanimous in favor of the motion.

 

          C)   A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL, APPROVING THE

           ADDITION OF THE LITTLE CLEATS RECREATION PROGRAM AS A NEW, SEPARATE

           DEPARTMENTAL BUDGET WITHIN THE FISCAL YEAR 2010-11 OPERATING BUDGET,        AND CREATING BUDGET AMENDMENT #3 TO THE FY 2010-11 OPERATING BUDGET, IN THE

           AMOUNT OF $8,250 IN EXPENSES AND INCREASING REVENUES IN THE AMOUNT OF

           $8,250, PROVIDING FOR AN EFFECTIVE DATE.

 

Ms. Estep read the caption of the proposed Resolution into the record.  Mrs. Holly moved to adopt the Resolution as presented.  Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion.  Council Members expressed their delight that the Village has so many three and four year olds as to warrant creation of a separate budget.

 

2)        DOCTORS CHARTER SCHOOL

 

            A)       REQUEST APPROVAL OF THE PROPOSED AMENDMENT TO THE SCHOOL’S BY-

            LAWS.

 

Ms. Alice Burch represented the request for the Charter School.  Village Attorney, Richard Sarafan, raised a concern regarding the proposed amending language.  Council Members, Mr. Sarafan and Ms. Burch discussed the sentence which was causing concern.  At the conclusion of the conversation, Mr. Loffredo moved to approve the proposed by-laws amendment with removal of the last sentence.  Mr. Davis seconded the motion and the vote was unanimous in favor of the motion.

 

3)        POLICE DEPARTMENT                                                             Kevin Lystad

 

A)     REQUEST APPROPRIATION AND EXPENDITURE OF FORFEITURE FUNDS IN AN

AMOUNT NOT TO EXCEED $12,550 TO PURCHASE A “LIVESCAN” DIGITAL FINGERPRINTING DEVICE.

 

Lt. McLeod was present and represented the request to use forfeiture funds to purchase a digital fingerprinting unit.  Mr. Davis moved to approve appropriation and expenditure of forfeiture funds in an amount not to exceed $12,550 for the purchase of a “livescan” digital fingerprinting unit.  Mr. Herrera seconded the motion and the vote was unanimous in favor of the motion.

 

4)        VILLAGE CLERK                                                                      Barbara A. Estep

 

A)     APPROVAL OF THE MARCH 15, 2011 COUNCIL MEETING MINUTES.

 

Mr. Loffredo moved to approve the March 15, 2011 Council Meeting Minutes as submitted.  Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion.

 

B)     AN ORDINANCE AMENDING THE MIAMI SHORES VILLAGE CODE OF ORDINANCES, ZONING ORDINANCE NO. 270, SECTION 301, “ZONING MAP OF MIAMI SHORES VILLAGE” BY CHANGING THE ZONING CLASSIFICATION OF PROPERTY LOCATED AT 160 N.E. 99TH STREET, MIAMI SHORES, FROM RESIDENTIAL (R-18.5) TO PARKING (XX), REPEALINGANY AND ALL CONFLICTING ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE.              (First Reading)

 

Ms. Estep read the caption of the proposed ordinance into the record.  Ms. Estep further advised that the issue had been heard by the Planning & Zoning Board and that a duly noticed public hearing had taken place before the Board.  An additional public hearing will be held at the second reading before the Village Council.  Mayor Davis asked for a motion to approve the ordinance on first reading in order to allow for discussion on the item.  Mr. Herrera moved to approve.  Mrs. Holly seconded the motion.  Clarification on the size of the area proposed to be re-zoned and the approval procedures were discussed amongst the Council Members, the Village’s Zoning Director and a representative for the applicant.  It was confirmed that a request for a site plan approval will be brought back before the Planning & Zoning Board and that the issue before the Council is a request to rezone only.  Mr. Dacquisto reminded the Council that the Comprehensive Plan, approved by the Council last spring/summer, included the change in zoning designation for that parcel.  Although there was a resident present who wished to speak on the issue, Mayor Davis advised that the public hearing would be held at the next reading of the ordinance and asked the resident to please return at that time.   At the conclusion of the discussions, Mayor Davis called for the vote which was 4 to 1 in favor of the motion.  Mr. Loffredo cast the dissenting vote.

  

5)         VILLAGE ATTORNEY                                                              Richard Sarafan

 

A)    AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 21-32 OF THE MIAMI SHORES VILLAGE CODE, ELIMINATING LANGUAGE ADDRESSING CERTAIN TAX EXEMPTIONS FOR PURCHASES MADE BY ANY RELIGIOUS INSTITUTION THAT POSSESSES A CONSUMER CERTIFICATE OF EXEMPTION ISSUED UNDER FLORIDA STATUTE CHAPTER 212, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.                                                        (First Reading)

 Ms. Estep read the caption of the Ordinance into the record.  A lengthy discussion regarding the proposed ordinance took place amongst Mr. Sarafan and the individual Council Members.  The discussion centered on the status of church schools and how the proposed ordinance may affect them.   Mr. Sarafan advised that the Florida Legislature, in 2000, changed the State Law to indicate that local governments no longer have to allow for the utility tax exemption.  He further advised that the proposed ordinance amends the Village Code to reflect the State’s change in legislation.  Following these discussions, Mr. Loffredo moved to approve the ordinance on first reading.  Mrs. Holly seconded the motion and the vote was unanimous in favor of the motion.

  6)         ANNOUNCEMENTS

 

Ms. Estep read the announcements into the record.

 

7)         PUBLIC COMMENTS (5 Minute Time Limit Per Speaker)

 

TF Chambers     Mr. Chambers expressed his hope to see the Council incumbents back.

 

8)         COUNCIL COMMENTS

 

Steve Loffredo               Mr. Loffredo spoke of the upcoming election.

 

Herta Holly                   Mrs. Holly spoke of her memorable time on the Council, indicating that it was an honor and pleasure to serve.

 

Hunt Davis                    Mr. Davis spoke of the election and thanked Herta and Al for their time as Mayor.

 

Prospero Herrera            Mr. Herrera urged everyone to come out and vote, thanked Herta and Al for their leadership.

 

Al Davis                        Mayor Davis thanked his colleagues for their work on the Council and indicated that it has been a pleasure to serve alongside them.

 

9)         ADJOURNMENT

 

The April 5, 2011 Council Meeting was adjourned at 8:35 PM.