Village Council Meeting Minutes - June 16, 2015

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, June 16, 2015. The meeting was held at the Community Center and 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

                                           Barbara Estep, Village Clerk

                                           Richard Sarafan, Village Attorney

PUBLIC INPUT: No one in attendance wished to speak at this time.

PRESENTATIONS

 

Ms. Cheryl Gowing, Chair of the Brockway Memorial Library Board of Trustees presented the Library’s Annual Report.

CONSIDERATIONS

 

1)           VILLAGE CLERK                                                                                  Barbara A. Estep, MMC

  1. APPROVAL OF THE JUNE 2, 2015 COUNCIL MEETING MINUTES.

Noting that there had been an error on the adopted May 19, 2015 Council Meeting Minutes which reflected that Richard Sarafan was present at the meeting, Councilman Walters moved to amend the May 19, 2015 Minutes to accurately indicate Mr. Sarafan’s absence. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

With respect to the June 2, 2015 Council Meeting Minutes, Councilman Walters asked for clarification on a statement attributed to Mr. Sarafan, “. . . as soon as any member of the Council is elected and sworn in, they automatically lose any other public office that they may have been assigned to, . . . . Councilman Walters stated that “elected and sworn in” are two different events. Mr. Sarafan indicated that what was included in the Minutes is what he had stated. Councilman Walters stated that he would not vote to approve the minutes as written due to this statement inclusion.   Mayor Burch pointed out one typographical error and requested an amendment relating to her attendance at the May Doctors Charter School Board Meeting. Vice Mayor Zelkowitz moved to approve the June 2, 2015 Council Meeting Minutes as amended. Councilwoman Ledesma seconded the motion. The vote was 4 to 1 in favor of the motion with Councilman Walters dissenting.

             B)   AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING

SECTION 518 “FENCES, WALLS & HEDGESCONTAINED IN THE ZONING APPENDIX OF THE VILLAGE’S CODE OF ORDINANCES BY REPEALING THE CONTENTS OF THE SECTION IN ITS ENTIRETY AND ADOPTING A NEW

       SECTION 518 “FENCES, WALLS & HEDGES”, PROVIDING FOR

       SEVERABILITY, PROVIDING FOR CONFLICTS AND PROVIDING

       FOR AN EFFECTIVE DATE.                                           Second & Final Reading

Ms. Estep read the caption of the Ordinance into the record. Vice Mayor Zelkowitz moved to adopt the proposed ordinance on second reading. Councilwoman Holly seconded the motion. Mayor Burch opened the floor for the Public Hearing but seeing no one come forward to speak, closed the Public Hearing and called for the vote which was unanimous in favor of the motion.

C)   APPOINTMENT TO LIBRARY BOARD OF TRUSTEES (1 vacancy)

Applicants:   Elizabeth CowenCheryl Gowing                  Sadri Medina  

Ms. Cowen, Ms. Gowing and Mr. Medina were present and spoke on their own behalf. Council Members voted paper ballots with the following results:

Herta Holly                        Cheryl Gowing

Steve Zelkowitz                Cheryl Gowing

Alice Burch                       Cheryl Gowing

Jesse Walters                     Cheryl Gowing

Ivonne Ledesma                Elizabeth Cowen

By a majority vote of the Council, Ms. Cheryl Gowing was appointed to the Library Board of Trustees.

      

             D) APPOINTMENT TO THE PLANNING & ZONING BOARD (1 vacancy)

Applicants:   David Castaneda               Michael Compo                Elizabeth Cowen

                      Tony Dent                          Carlos Diaz                       Mac Glinn                     

J. Bryan Nugen                  Francine Steelman

Ms. Cowen withdrew her name from consideration for appointment to the Planning & Zoning Board. Misters Castaneda, Compo, Dent, Diaz, Glinn, and Nugen, as well as Ms. Steelman, were all present and spoke on their own behalf. Paper ballots were voted with all five Council Members voting for Mr. Mac Glinn. Therefore, Mr. Glinn will fulfill the term left vacate by Mr. Zelkowitz’s election to Council.

             E) APPOINTMENT TO THE CHARTER SCHOOL BOARD OF DIRECTORS (7 vacancies)

Applicants: Cristina Abrams                David Benjamin                Anna Blackman

                      Sean Brady                         Howard Bushman             Paul Calli

                      Rachel Cameau                 Rasha Cameau                   Robin Carney

                      John Challenor                  Dr. Gabriela Cora             Elizabeth Cowen

                      Shlomi Dinar                     Geoffrey Dorney               Joan Dunn

                      Mac Glinn                          Ronnie Guillen                  Alison Harke

                      Thomas Richard Heine     Clarise Kodsi                    Bradley Liff

                      Judy Litt                             Dr. Eileen McDonough    Sadri Medina

                      Stephen Mumby                Sally Duerr Rodriguez      Shaun Rogers

                      Francine Steelman             Dr. Carlos Viera                Salvatore Vincignerra

                      Dynise Williamson

Mayor Burch instituted a three minute time limit on applicants and provided information read from the School’s By-Laws.

Councilwoman Ledesma then moved to request that Mayor Burch recuse herself from voting on the DCS Board Member appointments due to her past involvement with the School Board. The motion died for lack of a second. Councilwoman Ledesma then asked that Mayor Burch voluntarily recuse herself from voting. Councilman Walters asked Mr. Sarafan whether or not the Council has the authority to make someone recuse themselves from the vote. Mr. Sarafan outlined the standards for abstaining from voting, which is that in voting, there would result a special private gain or loss to the individual. Mr. Sarafan went on to explain that Council Members are obligated to vote on matters unless there is a legal voting conflict which he does not believe is the case.   In response to additional questioning, Mr. Sarafan stated that he is not aware of any cases where an official abstained from voting when there was not a voting conflict. Mayor Burch stated that she would be voting on the Charter School Board appointments.

With respect to naming the appointees, Councilman Walters moved to appoint seven individuals and following determination of seven members, choose the corresponding terms. Councilwoman Ledesma seconded the motion. The vote was 4 to 1 in favor of the motion with Councilwoman Holly dissenting.

Council Members heard from Ms. Abrams, Mr. Brady, Mr. Bushman, Mr. Calli, Ms. Cameau, Ms. Cowen, Mr. Dinar, Mr. Dorney, Ms. Dunn, Ms. Harke, Mr. Heine, Ms. Kodsi, Mr. Liff, Ms. Litt, Mr. Medina, Ms. Steelman, Dr. Viera, Ms. Williamson and Mr. Challenor, who were all present and spoke on their own behalf. Applicants David Benjamin, Ronnie Guillen, Stephen Mumby and Shaun Rogers were unable to be present but advised that they wished to be considered for the appointments. Council Members voted paper ballots and while the votes were being tallied, they commented on their individual criteria, the quality of applicants and the School’s history and excellence under the past leadership and guidance. In addition, Mayor Burch commented on her role in the evaluation of the School’s Executive Director and the reasoning behind her actions. She stated that she understands that the process was flawed, which the Board then took actions to correct. Mayor Burch apologized for the subsequent problems that have surfaced and indicated that going forward with the new leadership, she believes the School will emerge and be better than it was before.

The results of the paper ballots to appoint seven members to the DCS Board are as follows:

Ledesma              Walters                Burch                        Zelkowitz                     Holly

Calli                     Benjamin             Benjamin                  Calli                              Benjamin

Cameau               Brady                   Brady                        Cameau                         Dinar

Challenor            Bushman             Cameau                    Challenor                         Dorney

Dinar                   Calli                     Dinar                        Dinar                             Kodsi

Mumby                Challenor            Liff                           Harke                            Steelman

Steelman              Harke                   Viera                         Steelman                       Viera

Williamson         Mumby                Williamson              Williamson                   Williamson

Based on the results of the voting, Mr. Benjamin, Mr. Calli, Ms. Cameau, Mr. Challenor, Mr. Dinar, Ms. Steelman and Ms. Williamson were appointed to the DCS Board.

Councilman Walters moved to appoint Mr. Paul Calli to the seat vacated by Alice Burch upon her election. Vice Mayor Zelkowitz seconded the motion. Following clarification of the purpose and effect of the motion, which would be to have Mr. Calli’s term begin immediately and run through June, 2017, the vote was called and was unanimous in favor of the motion. Paper ballots were then voted to appoint three out of the remaining six individuals to serve the remaining two year terms which will be effective July 1, 2015 and run through June, 2017. The results of that balloting are as follows:

Ledesma              Walters                Burch                      Zelkowitz                      Holly

Cameau               Benjamin             Benjamin                  Dinar                             Benjamin

Steelman              Steelman              Cameau                    Steelman                       Steelman

Williamson         Williamson         Dinar                        Williamson                   Williamson

Mr. Benjamin, Ms. Steelman and Ms. Williamson will serve on the DCS Board with their terms to be effective July 1, 2015 through June, 2017. Out of the three remaining individuals appointed to the DCS Board, Vice Mayor Zelkowitz moved to appoint one individual to the seat which will be vacated effective June 30, 2015 (Connie Benson’s). Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. Paper balloting resulted in the following:

Ledesma              Walters                Burch                        Zelkowitz                     Holly

Cameau               Dinar                   Dinar                        Cameau                         Cameau

Ms. Cameau was appointed to a one year term, effective July 1, 2015.

The remaining two individuals, Mr. Challenor and Mr. Dinar were appointed to one year terms, effective immediately and running through June, 2016.

2)           VILLAGE COUNCIL                                                                               Ivonne Ledesma

  1. DISCUSSION AND POSSIBLE ACTION REGARDING CLEO TRAINING FOR EMPLOYEES.

Councilwoman Ledesma provided information regarding CLEO training which speaks to sea level rise, coastal flooding and ways to address these issues. Councilwoman Ledesma would like to have the training offered to employees, the elected officials and the public. She then moved to have this training considered and included in next year’s budget at a cost of $1800 for one training session. Vice Mayor Zelkowitz seconded the motion and the spoke to the issue as well. Vice Mayor Zelkowitz suggested that the additional training sessions may be helpful to allow for attendance by individuals that could not attend the first session. Councilwoman Ledesma amended her motion to reflect the cost of $3000 and Vice Mayor Zelkowitz seconded the motion as amended. The vote was unanimous in favor of the motion.

3)           ANNOUNCEMENTS

Ms. Estep read the announcements.

 

4)             PUBLIC COMMENTS

Paul Calli                          Mr. Calli commented that he would like to see future meetings held at the Community Center.

William Wells                   Mr. Wells commented that the Mayor should resign.

Colleen Huff                     Ms. Huff expressed her opinion that the behavior of some Council Member’s attacking another Council Member is appalling and would like to see it come to an end.

Abeer Jadallah                   Ms. Jadallah spoke of the Charter School situation from a teacher’s viewpoint, indicating that the school has been an A school since the beginning. She spoke of needing advocates on the Board and asked that the community stop dragging the school through the mud to advance a political agenda.

Kimberly Schweiger         Ms. Schweiger spoke in support of Mr. Dorn and believes that the Board didn’t have enough time.

Martha Schweiger             Ms. Schweiger spoke of the School falling short for the high school class and encouraged changing the school to a Magnet School to include more Shores students.

Dr. Carter Winkle             Dr. Winkle indicated that he was one of the 3 DCS Board Members that supported a 2nd year for Mr. Dorn’s contract.

Alex Dombrowsky            Mr. Dombrowsky set to correct mis-statements made regarding Mr. Dorn’s employment with the School.

5)             COUNCIL COMMENTS

Herta Holly                        Councilwoman Holly thanked the audience for their attendance and asked the Manager to look into banning the use of Styrofoam products and the progress on quiet crossings.

Ivonne Ledesma                Councilwoman Ledesma recognized the Mayor for her acknowledgement and apology regarding her actions with respect to the Doctors Charter School. Ready to move forward with the new Board.

Jesse Walters                     No comment.

Steve Zelkowitz                Vice Mayor Zelkowitz congratulated the new Board Members as well as all of the applicants.

Alice Burch                       Mayor Burch indicated that she will not be present at the Charter School Board meeting on Thursday and thanked Mr. Benton for conducting his annual Hurricane Preparedness workshop.

6)             ADJOURNMENT

The June 16, 2015 Council Meeting was adjourned at 9:30 PM.

                                                                                                                   _______________________

                                                                                                                   Alice Burch, Mayor

___________________________

Barbara A. Estep, MMC

Village Clerk