Village Council Meeting Minutes - July 21, 2015

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, July 21, 2015 in the Council Chambers of Village Hall. The meeting was called to order at 6:30 PM with the following individuals present:

PRESENT:                        Alice Burch                                     

                                           Steven Zelkowitz

                                           Herta Holly

                                           Ivonne Ledesma

                                           Jesse Walters

ALSO PRESENT:             Tom Benton, Village Manager                      ABSENT:              Richard Sarafan

                                           Barbara Estep, Village Clerk                                                     (On vacation)

PRESENTATIONS       

Presentation on the 2015 Legislative Session by Robert Levy, Robert Levy & Associates

 

Mr. Levy addressed the Council, providing them with general information regarding the political climate in Tallahassee and spoke of the Legislative Session in general. He provided information regarding the Special Session addressing the State’s budget and appropriations as well as the many projects that were vetoed by the Governor. Mr. Levy spoke of the second Special Session to begin August 10th which has been called to complete the Supreme Court mandated district reapportionment. Lastly, Mr. Levy advised the Council that former State Representative Marty Bowen and Robert Beck have joined his firm to assist with lobbying and appropriations efforts. Councilwoman Ledesma questioned Mr. Levy’s record and spoke of her dissatisfaction with obtaining State funds. The Council thanked Mr. Levy for his time and work on our behalf.

Miami-Dade County Water & Sewer (WASA) representatives, Tom Marko, Jim Ferguson and Sergio Garcia presented information and a status update to the Council regarding the Village’s water main and sewer system installation project.   Mr. Marco explained WASA’s permitting process and the various plan reviews that are necessary for a project such as the Village’s. In response to questioning by the Council, Mr. Marco indicated that he would expect that WASA would be completing the water main installation permitting within the next number of weeks and certain portions of the sewer project permitting would follow soon afterwards. However, he went on to stress that there are three stages of the sewer project: the low pressure system, the pump stations and the force main. These will be reviewed separately as the required engineering varies between the processes. Mr. Marco stated that the County has not permitted a low pressure sewer system and so there is a learning curve for the permitting process. Mr. Marco advised the Council that once the plans are permitted, they will be reviewed by the Department of Health, Department of Environmental Management (DERM) and Public Works.

Council Members questioned the timeline and expressed some frustration due to the project delays. Mr. Marco stated that project permitting is a team effort and that all members of the team are cooperating and working towards getting the plans approved. Council thanked the representatives for their attendance.

CONSIDERATIONS

 

1)           VILLAGE CLERK                                                                    Barbara A. Estep

  1. APPOINTMENT OF ONE BOARD MEMBER TO THE DOCTORS CHARTER SCHOOL BOARD: Applicants:     Geoff Dorney      Tom Heine       Brad Liff                                                                       Judy Litt       Sadri Medina       Steve Mumby     

None of the applicants present wished to address the Council as they had previously introduced themselves during the June 16, 2015 Council Meeting. Paper ballots were voted with the following results:

                             Ledesma              =            Stephen Mumby

                             Walters                =            Stephen Mumby

                             Burch                   =            Brad Liff

                             Zelkowitz            =            Stephen Mumby

                             Holly                   =            Tom Heine

Mr. Stephen Mumby was appointed to the Doctors Charter School Board for a two year term.

  1. APPROVAL OF THE JULY 7, 2015 COUNCIL MEETING MINUTES, THE JULY 9, 2015 RESIDENT BUDGET WORKSHOP AND THE JULY 14, 2015 COUNCIL BUDGET WORKSHOP MINUTES.

Councilwoman Ledesma asked that additional details be included in the Resident Budget Workshop and Council Budget Workshop minutes with respect to a funding request for tree trimming, estimated losses at the Aquatics Center, a request for a uniform RFP for the Police Department and information as to why the proposed command position cannot be filled from within the Police Department. Rather than waiting for amended minutes, Councilwoman Ledesma indicated she was comfortable with accepting that the changes would be done. Councilman Walters moved to approve all three sets of Minutes with the recommended changes. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

  1. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL SETTING

TENTATIVE OPERATING AND DEBT SERVICE AD VALOREM MILLAGE LEVIES FOR FISCAL YEAR 2015-2016, BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016; SETTING THE TIME, DATE AND PLACE FOR THE TWO PUBLIC HEARINGS FOR THE FISCAL YEAR 2015-2016 OPERATING AND CAPITAL BUDGETS AND PROPOSED AD VALOREM MILLAGE LEVIES.

Ms. Estep read the caption of the resolution into the record. Vice Mayor Zelkowitz moved to approve the Resolution. He further reiterated his wish to see if the millage rate can be reduced to 7.9 for presentation at the September public hearings. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. Council Members expressed their support of lowering the millage rate if feasible.

  1. 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 EFFECTIVEDATE.

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE VILLAGE’S CODE OF ORDINANCES, “ZONING APPENDIX A” TO ADD WINE BAR 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 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.

Ms. Estep read the caption of the two ordinances into the record. Planning Director David Dacquisto outlined the details of the proposed amendments, indicating that he is looking for Council direction on several items that will affect the regulations and conditions included in the proposed amendments. Specifically, Mr. Dacquisto spoke of the definition of a wine bar and spoke of whether the Council sees allowing only wine sales or will a wine bar be permitted to sell beer as well. If both are permitted, will there be an allowable percentage of beer sales? The second major issue for which Staff is looking for direction is whether applicants will be reviewed and approved by the Council or the Administration. If the Administration, specific conditions will need to be outlined in the ordinance. At the present time, Mr. Dacquisto indicated that the proposed ordinance provides for the Council to approve the applications.  

Residents Kim Flower, Sarah Herald (representing Barry University), Frederick Kaufman and Patrice Gillespie-Smith spoke in favor of amending the Alcoholic Beverage ordinance to allow for the sale of alcohol, beer and wine in the downtown area. They spoke of the revitalization of downtown and the importance of expanding the permitted uses within the district.

Vice Mayor Zelkowitz moved to approve the two ordinances on 1st reading. Councilman Walters seconded the motion. Council Members expressed their views on the proposed legislation. They spoke of their support of allowing beer sales at a “wine bar”. Vice Mayor Zelkowitz voiced his opinion that the Administration is better suited to review and approve applications rather than the Council as Council may be subjective in their review but if the Administration is to approve the application, definitive criteria would be set out in the ordinance. Additionally, Vice Mayor Zelkowitz quoted Florida Statute 562.45(c) and indicated that requiring re-application on an annual basis may not be in compliance with the Statute. Mr. Dacquisto clarified that as the ordinance is written, there is to be no parking requirement listed as long as the restaurant or wine/beer bar is located in an existing building. It was noted that additional sections of the Village’s Code of Ordinances may need to be amended to accommodate the proposed new Chapter 4.   The consensus of the Council was to have Staff amend the proposed ordinances based on their discussions and return to the Council when completed. The vote on the motion to approve the ordinances as presented on first reading was called and was unanimous in favor of the motion.

  1. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL ADDRESSING THE USE OF FUNDS BUDGETED FOR COUNCIL MEMBERS TO COVER EXPENSES ASSOCIATED WITH CARRYING OUT THE DUTIES OF OFFICE, PROVIDING FOR AN EFFECTIVE DATE.

Ms. Estep read the caption of the resolution into the record and explained that the resolution corresponds to the funding included in the Council’s budget for the upcoming fiscal year. Council Members discussed the merits of having the funds available to use for attending workshops or seminars or League meetings. Councilwoman Ledesma moved to approve the presented resolution. Vice Mayor Zelkowitz seconded the motion and the vote was 4 to 1 in favor of the motion with Councilwoman Holly dissenting.

2)           VILLAGE MANAGER                                                              Tom Benton

  1. DISCUSSION AND POSSIBLE ACTION REGARDING LOBBYIST SERVICES.

Mr. Benton reviewed the issue of the Village’s lobbying services. Councilman Walters suggested that due to the time and the number of items still to be heard, that the issue come back in the Fall when the Council would have had time to review Mr. Levy’s earlier comments. Councilman Walters then moved to table the item. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

  1. REQUEST APPROVAL TO EXECUTE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND MIAMI SHORES VILLAGE FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM.

Mr. Benton provided information regarding the proposed Interlocal Agreement, recommending that the Council approve executing the Agreement for the Village to utilize the County’s solid waste management system. Councilwoman Holly moved to approve the item. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

3)           VILLAGE COUNCIL                                                              

  1. DISCUSSION AND POSSIBLE ACTION ON COUNCIL RECEIVING PERIODIC REPORTS FROM THE VILLAGE’S BOARDS AND COMMISSIONS. Jesse Walters

Councilman Walters provided the Council with information regarding the purpose of the agenda item and subsequently moved to ask the Chair of each Board or Committee to appear before the Council according to the schedule as presented. Councilwoman Ledesma seconded the motion. Following a discussion regarding Board and Committee minutes, Mr. Walters amended his motion to include ensuring that Board and Committee minutes are posted on the website. The vote when called was unanimous in favor of the motion.

  1. DISCUSSION OF AND POSSIBLE ACTION ON THE APPOINTMENT OF A MEMBER OF THE VILLAGE COUNCIL TO BE THE VILLAGE’S LIAISON TO THE LGBT COMMUNITY.                                                        Jesse Walters

Councilman Walters provided information regarding the Human Rights Campaign Foundation which conducts an annual survey relating to gay rights policies and issues. The survey has a rating score system and in an attempt to increase the Village’s rating score, Councilman Walters moved to appoint a Council Member or Staff person as the LGBT Liaison. Councilwoman Ledesma seconded the motion.

Resident Giselle Kovac spoke in support of the Liaison indicating that the individual could be an important resource.

Council Members expressed their views on the appointment and following clarification that Councilman Walters felt that an immediate appointment was called for, Vice Mayor Zelkowitz moved to appoint Councilman Walters as the LGBT liaison. Councilwoman Ledesma suggested that the individual be a Staff person rather than a member of the Council. Mayor Burch then brought up the subject of training and spoke of receiving grant funds to provide YES Institute sensitivity training. Following a brief discussion including an explanation from resident Giselle Kovac regarding the YES Institute, Councilman Walters amended his original motion to include YES Institute training. Councilwoman Ledesma seconded the amended motion. The vote was unanimous in favor of the motion. Councilman Walters accepted the appointment as the LGBT Liaison so that information can be forwarded to the Human Rights Campaign Foundation. Councilman Walters suggested that if possible, a Staff person be named in September.

  1. REVIEW AND DISCUSSION REGARDING THE VILLAGE PARTICIPATING IN THE GREATER MIAMI SHORES CHAMBER OF COMMERCE 2015 GREEN DAY EVENT AS AN ORGANIZATIONAL SPONSOR AND THE POTENTIAL WAIVER OF FEES FOR MUNICIPAL SERVICES.                    Steven Zelkowitz

Councilman Walters recused himself, stating that he has a voting conflict due to being employed by the Chamber of Commerce. Vice Mayor Zelkowitz stated that Green Day is viewed as a Shores event and that he would like the Village to participate. He then introduced the Chamber President, Johnathan Meltz to present the Chamber’s request. Mr. Meltz, along with past participants of Green Day, including representatives from North Shore Hospital, Barry University and Proper Sausage, spoke in support of having the Village underwrite the staff costs associated with the event. In response to questioning, Mr. Benton indicated that the estimated staff costs total $9,200. Vice Mayor Zelkowitz moved to approve waiving the fees and being named a sponsor of the event. Councilwoman Ledesma seconded the motion. In light of the Council’s request to lower the millage rate, Mayor Burch asked if the Chamber would accept less funding. Following a brief discussion, Mayor Burch called for a vote on the motion which resulted in a 3 to 1 vote with Mayor Burch dissenting.

 

4)           ANNOUNCEMENTS

Vice Mayor Zelkowitz reported that he attended the recent Charter School Board Meeting. He indicated that there was extensive discussion regarding the sublease agreement and the Board’s desire to renegotiate the lease terms.

Ms. Estep read the announcements including the planned timing for the September Public Hearings on the Budget. Due to scheduling conflicts with the County and School Board Hearings, the Budget Hearings are scheduled for Tuesday, September 8 and Tuesday, September 22.  After clarifying that the dates of the regular Council Meetings could be changed, Vice Mayor Zelkowitz moved to have the two regular September Council Meeting dates moved to coincide with the Public Hearing dates. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion.

    

5)             PUBLIC COMMENTS

No one present wished to speak.

6)             COUNCIL COMMENTS

Mayor Burch spoke of the importance of putting together hurricane kits for storm preparation. She also noted that the date for Barry University’s 75th year celebration is October 3rd.

No other Council Member offered any comment.

 

7)             ADJOURNMENT

The Tuesday, July 21, 2015 Council Meeting was adjourned at 9:29 PM.

                                                                       

                                                                                                                   _________________________

_____________________________                                                   Alice Burch, Mayor

Barbara A. Estep, MMC

Village Clerk