LimeBike Memorandum of Understanding

Village Council Meeting - April 4, 2017

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, April 4, 2017 in the Council Chambers of Village Hall. The meeting was called to order at 6:30 PM with the following members present:

PRESENT:                   Alice Burch                              ABSENT:         Ivonne Ledesma

                                    Steven Zelkowitz

                                    MacAdam Glinn (arrived at 6:34)

                                    Herta Holly

ALSO PRESENT:         Tom Benton, Village Manager

                                    Barbara Estep, Village Clerk

                                    Richard Sarafan, Village Attorney

PRESENTATIONS

On behalf of the Florida City & County Management Association, Ms. Sharon Ragoonan presented the Village with a certificate recognizing the Village’s 85 Years with a Council-Manager form of Government.

Mayor Burch presented Certificates of Appreciation to those assisting with the Mayor’s Ball.

Mayor Burch recognized Councilwoman Herta Holly for her combined 12 years of serving Miami Shores Village on the Council.

CONSIDERATIONS

  1. CHARTER SCHOOL
  1. REQUEST APPROVAL OF THE REVISIONS TO THE DOCTORS CHARTER

       SCHOOL BY-LAWS.

Executive Director, Dr. Kelly Andrews was present and advised the Council that the proposed By-Laws changes mainly deal with the order of how meetings are conducted and minor wordsmithing issues. She advised that the proposed changes have been approved by the Charter School Board and clarified the parameters regarding the provisions of Article V with respect to the Executive Committee. Vice Mayor Zelkowitz moved to approve the By-Laws amendments.   Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion.

2)         VILLAGE CLERK                                                       Barbara A. Estep

  1. APPROVAL OF THE MARCH 21, 2017 COUNCIL MEETING MINUTES.

Councilwoman Holly moved approval of the March 21, 2017 Council Meeting Minutes. Councilman Glinn seconded the motion and the vote was unanimous in favor of the motion.

  1. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #3 TO THE FISCAL YEAR 2016/2017 OPERATING BUDGETS; APPROPRIATING $217,326 FROM THE GENERAL FUND BALANCE FOR THE GREATER MIAMI SHORES CHAMBER OF COMMERCE GRANT, POLICE OVERTIME, AND THE ADDITION OF TWO POLICE OFFICERS AND ONE DISPATCHER.

Ms. Estep read the caption of the Resolution into the record. Councilwoman Holly moved to approve the proposed Resolution. Councilman Glinn seconded the motion and the vote was unanimous in favor of the motion.

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, AMENDING SEC. 516 (5) “STRUCTURES CONSTITUTING ACCESSORY BUILDINGS” CONTAINED IN THE ZONING APPENDIX “A” OF THE VILLAGE CODE OF ORDINANCES, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.                  2nd & Final Reading

Ms. Estep read the caption of the Ordinance into the record. Mr. Dacquisto reviewed each area of the proposed ordinance that was discussed and identified by the Council during first reading, as needing additional amendment. The first such area for additional discussion involved the lead-in paragraph of Section 516 (5), addressing the allowable materials. Council Members discussed the various options and following their discussion, Councilwoman Holly moved to have the referenced paragraph read: “Utility sheds. Notwithstanding any other provisions of this ordinance, a utility shed may be constructed of construction material permitted under the Florida Building Code and having Miami-Dade product approval, provided that: “.

Mayor Burch opened the floor for the Public Hearing, inviting anyone to come forward that wished to comment on any aspect of the proposed ordinance relating to utility sheds. No one present came forward to speak. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

The second area to be discussed for possible amendment by the Council was Section 516 (5)(g) which speaks to sheds not containing utility services within the structure. There was discussion as to whether or not to allow for electrical service within the shed structure. Subsequent to these discussions, Vice Mayor Zelkowitz moved to maintain the Board’s draft language which reads: “Utility sheds must not contain electric, water or telephone service, and must not be used for a commercial purpose.” Councilman Glinn seconded the motion and the vote was unanimous in favor of the motion relating to this provision of Section 516 (5)(g).

Mr. Dacquisto then provided the options for addressing Section 516 (5)(h), in order to clarify the use of the term “housekeeping facilities”. Council Members advised Mr. Dacquisto of their preferences for the amended language and subsequently Vice Mayor Zelkowitz moved to amend the language of Section 516 (5)(h) to read as follows: “An accessory building shall not be used for human habitation and must not contain any household facilities or sleeping accommodations of any kind. Councilwoman Holly seconded the motion and the vote was unanimous in favor of this motion.

Lastly, Vice Mayor Zelkowitz moved to approve the ordinance as amended on second and final reading. Councilman Glinn seconded the motion and the vote was unanimous in favor of the motion.  

3)         PUBLIC WORKS                                                                      Scott Davis      

  1. AWARD OF BID FOR WATER CONTAINMENT WALL FOR THE SHORES ESTATES SUBDIVISION TO R2 BUILDERS IN THE AMOUNT OF $68,000.

Mr. Davis spoke of the proposed project for water retention in the neighborhood behind K-Mart that now routinely floods during king tides. Council Members indicated that they were pleased that the project would help the residents with flooding issues and Mr. Davis stated that the project, once permitted, would take approximately a month. Vice Mayor Zelkowitz moved to award the bid to R2 Builders in the amount of $68,000. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion.

4)         VILLAGE ATTORNEY                                                             Richard Sarafan

  1. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPERTY ADJACENT TO OPTIMIST PARK.

Mr. Sarafan reviewed the numerous issues encountered with the property including its status in foreclosure, an estate dispute and short sale. He spoke of continuing negotiations and the possibility of assignment of the purchase contract to the Village. Mr. Sarafan reminded the Council that they had previously approved an upper limit of $650,000 to bid for the property and his request to have Council authorize $650,000 in funding for the property regardless of the method of purchase.   Following a suggestion for possible language for a motion, Councilwoman Holly moved to authorize the Village Manager, on behalf of the Village, to do all things necessary to negotiate, execute and close an agreement to purchase the property located at 9301 N.E. 2nd Avenue. Councilman Glinn seconded the motion.

There was discussion regarding the loss of tax dollars by taking the property off the tax rolls, the current zoning of the property which is single family residential, and the unknown future use of the property.  Mayor Burch opened the floor for public comment. Seeing no one come forward, Mayor Burch closed public comment and called for the vote which was 3 -1 in favor of the motion, with Vice Mayor Zelkowitz dissenting.

Mr. Sarafan then initiated a conversation regarding the property located at 85 N.W. 103rd Street and the fact that a purchaser has come forward. Mr. Sarafan reviewed the status of the property, indicating that many years ago, a default judgement was obtained for $120,000 and with interest, it has grown to approximately $140,000. There are special assessment liens/charges of $24,000 and $53,000 in attorney’s fees. The assessed value of the property is currently $240,000. The purchaser is interested in correcting the violations, repairing the property and moving in, and is offering the Village $140,000 which would cover the special assessment lien, the attorney’s fees and approximately $67,000 towards the open balance. Mr. Sarafan stated that there has previously been an offer but the deal fell through due to the Village’s judgement and running fines and charges. Council Members and Mr. Sarafan discussed alternative scenarios rather than accepting the offer, the pros and cons of the current offer, including the issue whether or not the seller would be profiting, and how much profit, from the offer if the Village were to accept. Council Members spoke of the property’s prominent location and the fact that it is such an eyesore.

At the conclusion of the discussions, the Village Council reached a consensus that Mr. Sarafan should obtain some certification of how much money the seller will be walking away from the sale with and once he has obtained that information, he will bring the issue back before the Council.

5)           ANNOUNCEMENTS

Ms. Estep read the announcements.

6)         PUBLIC COMMENTS (3 Minute Time Limit Per Speaker)

Susan Ackley    Ms. Ackley thanked Councilwoman Holly for her years of service and for always striving to preserve the Village’s character throughout the years.

Mary Newman  Ms. Newman spoke of the Village being a bird sanctuary and requested that signs be erected to notify people of its status as such.

7)         COUNCIL COMMENTS

MacAdam Glinn            Councilman Glinn thanked Councilwoman Holly for her service, indicating that she has conducted her service with the highest level of integrity. She further thanked Councilwoman Ledesma for her service on the Council. He reminded the residents that this may be his last Council Meeting and although he would like to continue his service, he has enjoyed his time and is proud of the work that has been accomplished.

Steven Zelkowitz           Vice Mayor Zelkowitz also thanked Councilwoman Holly for all she has done for the Village, and thanked Councilwoman Ledesma as well. He urged residents to get out and vote.

Alice Burch                  Mayor Burch spoke of a meeting with members of the Association of Reform Congregations and the issue of gun violence. Additionally, Mayor Burch expressed her thanks to Councilwoman Holly, Councilwoman Ledesma and Councilman Glinn, and spoke of what an honor it has been to serve as the Village’s Mayor for the past 2 years. Mayor Burch then announced a number of other planned activities.

Herta Holly                   Councilwoman Holly thanked the community for their support throughout her years of working on behalf of the Village. She spoke of the seriousness of taking the oath to serve and that as a Council Member, representing the 11,000 residents of the Village.  Councilwoman Holly indicated that she is most proud of helping to initiate the Charter School and also to have been a part of the Council during the economic downturn when everyone worked together to ensure the fiscal health of the Village. She stated that it has been a privilege and honor to serve.

8)         ADJOURNMENT

The April 4, 2017 Council meeting was adjourned at 7:45 PM.

                                                                                                ____________________________

                                                                                                Alice Burch, Mayor

______________________________

Barbara A. Estep, MMC

Village Clerk