Village Council Meeting Minutes - July 15, 2014

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, July 15, 2014 in the Council Chambers of Village Hall. The meeting was called to order at 7:30 PM with the following individuals in attendance:

PRESENT:                        Herta Holly

                                           Jesse Walters

                                           Hunt Davis

                                           Ivonne Ledesma

                                           Jim McCoy

ALSO PRESENT:             Tom Benton, Village Manager

                                           Barbara Estep, Village Clerk

                                           Richard Sarafan, Village Attorney

Mayor Holly acknowledged Biscayne Park Mayor, Mark Coviello who was in attendance.

CONSIDERATIONS

 

1)           PLANNING DEPARTMENT                                                   David Dacquisto

             A) AN APPEAL OF A DECISION BY THE PLANNING & ZONING BOARD

     REGARDING CONSTRUCTION OF A DOCK AND BOAT LIFT.

       (Appellant: 1080 N.E. 105th Street – Nestor Cueto representing homeowner)

Following a brief discussion regarding the timing appropriateness of having the appeal on this evening’s agenda, Councilman Davis moved to table the appeal and waive the Code’s stipulated timeframe relating to filing/hearing appeals to Planning & Zoning Board decisions. Mayor Holly seconded the motion and the vote was unanimous in favor of the motion.

2)           VILLAGE COUNCIL                                                              

               A) A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL SUPPORTING

MARRIAGE EQUALITY, URGING ENACTMENT OF A LAW THAT WOULD PROVIDE FOR MARRIAGE EQUALITY IN THE STATE OF FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE.           Jesse Walters

Vice Mayor Walters provided background information regarding the proposed resolution, mentioning that the Council routinely passes non-binding resolutions and therefore should consider this issue and do the right thing by adopting the resolution calling for marriage equality. Vice Mayor Walters moved adoption of the proposed resolution. Councilwoman Ledesma seconded the motion.

Vice Mayor Walters introduced Biscayne Park Mayor David Coviello and Mr. Christian Ulvert to speak on the issue.

Subsequent to hearing from Mayor Coviello and Mr. Ulvert, Mayor Holly opened the floor for public comment and imposed a 90 second time limit for each speaker. Numerous speakers on each side of the issue offered public comment. After hearing from approximately 15 individuals, Mayor Holly indicated that the Council had heard both sides and asked that the final few speakers offer comments that were not repeating previous speaker comments. Following two additional speaker’s comments and with no one else coming forward to speak, Mayor Holly closed public comment.

Councilwoman Ledesma spoke of the symbolic resolution to support marriage equality and talked of the rights of married couples versus same sex couples not afforded the opportunity to marry. Councilwoman Ledesma voted in favor of the motion.

Vice Mayor Walters voted in favor of the motion.

Councilman McCoy talked of the organized and passionate campaigns for both sides of the very sensitive issue and stated his opinion that the Village Council should not be weighing in on matter. Councilman McCoy voted against the motion.

Councilman Davis spoke of hearing compelling arguments from people on both sides of the issue and expressed his personal respect for both points of view but recognizes that as a Councilman, he needs to vote as a representative of the Village, which is divided on the issue. Councilman Davis voted against the motion.

Mayor Holly spoke of the avalanche of public comment that she has received in the past two weeks since Councilwoman Ledesma pulled the item from the previous Council Meeting agenda and that she has given the matter a great deal of thought. She expressed her belief that it is wrong for a municipal council to vote on this type of issue which belongs at the State level and within the Court system.   Mayor Holly voted against the motion.

The motion failed on a 2 to 3 vote: Vice Mayor Walters and Councilwoman Ledesma voting in favor of the motion and Councilman Davis, Councilman McCoy and Mayor Holly voting against the motion.

Mayor Holly called for a 10 minute recess, reconvening the meeting at 8:30 PM.

      

B) DISCUSSION AND POSSIBLE ACTION REGARDING THE GREATER MIAMI

     SHORES CHAMBER OF COMMERCE GREEN DAY EVENT.Jim McCoy

Vice Mayor Walters declared his conflict and recused himself from the discussion and vote on the item. Councilman McCoy introduced the item, outlining the Chamber’s new proposal for assistance with the Green Day event. Councilman McCoy moved to approve the request as outlined in Chamber President Lance Harke’s e-mail included in the Council Packet. Councilwoman Ledesma seconded the motion.

Chamber Vice President, Jonathan Meltz spoke on behalf of the Chamber’s proposal and asked for the Council’s consideration of the new request. Following a brief discussion, Mayor Holly called for a vote which was 3 to 1 in favor of the motion with Mayor Holly dissenting.

3)           DOCTORS CHARTER SCHOOL

              A)   PRESENTATION AND APPROVAL OF DOCTORS CHARTER SCHOOL

       2014-2015 BUDGET.

Doctors Charter School Executive Director, Nick Dorn, presented the Council with the proposed 2014-2015 budget and thanked members of the School staff and Board for their hard work and dedication to the School. Mr. Dorn provided highlights of the budget and clarified some of the figures submitted. Councilman Davis moved to approve the 2014-2015 Doctors Charter School budget. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

4)           VILLAGE CLERK                                                                    Barbara A. Estep

  1. APPROVAL OF THE JULY 1, 2014 COUNCIL MEETING MINUTES AND THE JULY 8, 2014 BUDGET WORKSHOP MINUTES.

Vice Mayor Walters requested an amendment to the regular council meeting minutes with respect to his comments during the Council Comment portion of the meeting. Vice Mayor Walters then moved approval of the July 1, 2014 minutes as amended. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

Councilman Davis requested an amendment to the budget workshop meeting minutes relating to the addition of $5,000 to the Mayor & Council budget. Following a brief discussion regarding the wording of the amendment, Councilman Davis moved to approve the July 8, 2014 minutes as amended. Councilman McCoy seconded the motion and the vote was unanimous in favor of the motion.

             B)   A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL SETTING

TENTATIVE OPERATING AND DEBT SERVICE AD VALOREM MILLAGE LEVIES FOR FISCAL YEAR 2014-2015, BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; SETTING THE TIME, DATE AND PLACE FOR THE TWO PUBLIC HEARINGS FOR THE FISCAL YEAR 2014-2015 OPERATING AND CAPITAL BUDGETS AND PROPOSED AD VALOREM MILLAGE LEVIES.

Ms. Estep read the caption of the resolution into the record. Mayor Holly moved approval of the resolution as submitted. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

5)           VILLAGE MANAGER                                                              Tom Benton

  1. APPROVAL TO WAIVE BID PROCEDURE AND APPROVE THE PURCHASE OF TWO (2) MARQUEE SIGNS FROM STEWART SIGNS.

Mr. Benton introduced the item and provided background information regarding the proposed purchase of two marquee signs, one to replace the existing old sign at the existing location and an additional sign for placement on the west side of the Village. Mr. Benton explained that there are limited locations for the sign placement due to the need for a center median strip, existing electrical service, etc.

Councilman McCoy expressed his concern regarding the proposed location for the new marquee on the west side and his opinion that a good number of the west side residents would not see or pass by the sign, as the location is too far in the north corner of the Village. Various options for the west side sign were discussed and numerous motions made and amended, including a motion to table offered by Vice Mayor Walters along with his comment that a marquee on the west side is crucial, which did not receive a second. Following a lengthy discussion regarding the Council’s options, Councilman McCoy moved to approve the 96th Street marquee and continue to look for suitable locations on the west side of the Village for the second marquee. Mayor Holly seconded the motion and the vote was 4 to 1 in favor of the motion with Vice Mayor Walters dissenting.                                                              

6)           ANNOUNCEMENTS

Ms. Estep read the announcements into the record.

    

7)             PUBLIC COMMENTS

TF Chambers                     Mr. Chambers stated that he is proud of the Charter School and the Council’s conduct during the meeting. 

David Traupman               Mr. Traupman spoke of his disappointment in the Council for failing to pass the marriage equality resolution and past words of the Council that ring false.

Christian Ulvert                Mr. Ulvert spoke of the benefits not afforded same-sex couples.

John Tisdale                      Mr. Tisdale stated that the Council failed in their obligation to the community.

8)             COUNCIL COMMENTS

Ivonne Ledesma                Councilwoman Ledesma spoke of her disappointment that the marriage equality resolution did not pass and despite that fact, Miami Shores Village is a supportive community and sees the gay community as equals.

Jesse Walters                     Vice Mayor Walters spoke of feeling disrespected by the vote which is not representative of the community.

Hunt Davis                        No Comment

Jim McCoy                        Councilman McCoy thanked the attendees for coming to the meeting and being respectful of each other throughout the meeting.

Herta Holly                        Mayor Holly expressed how difficult it is to make decisions when passionate opinions are involved.   She spoke about issues that resolutions should be about rather than issues outside the scope of the Village Council.

9)             ADJOURNMENT

The July 15, 2014 Council Meeting adjourned at 9:43 PM.

                                                                                                                   __________________________

                                                                                                                   Herta Holly, Mayor

____________________________

Barbara A. Estep, MMC

Village Clerk