Village Council Meeting Minutes - June 7, 2016

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, June 7, 2016 in the Village Hall Council Chambers. The meeting was called to order at 6:30 PM with the following individuals present:

PRESENT:                        Alice Burch

                                           Steven Zelkowitz

                                           MacAdam Glinn

                                           Herta Holly

                                           Ivonne Ledesma

ALSO PRESENT:             Tom Benton, Village Manager

                                           Barbara Estep, Village Clerk

                                           Richard Sarafan, Village Attorney

PRESENTATION

 

Mr. Rafael Perez, a representative of YGrene, made a presentation regarding the Village’s participation in the PACE Program and provided information regarding the premise of PACE and its efforts to assist homeowners in funding energy efficient home improvements.

CONSIDERATIONS

  1. CONSENT AGENDA*                                                              Barbara A. Estep

*Matters included under the Consent Agenda are routine, self-explanatory matters and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Council, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the Consent Agenda, they must inform the Village Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the Consent Agenda.

  1. APPROVAL OF THE MAY 17, 2016 AND COUNCIL MEETING MINUTES AND THE APRIL 23, 2016 COUNCIL VISIONING SESSION MINUTES.
  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 18, ARTICLE III, GENERAL EIMPLOYEES PENSION PLAN, OF THE VILLAGE CODE OF ORDINANCES TO COMPLY WITH INTERNAL REVENUE CODE AND TREASURY REGULATION CHANGES PER THE 2007 CUMULATIVE LIST OF CHANGES IN PLAN QUALIFICATION REQUIREMENTS AS APPROVED BY THE FAVORABLE DETERMINATION LETTER DATED APRIL 20, 2016, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.                                                                                                                                   (1st Reading)
  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 18, ARTICLE IV, POLICE OFFICERS’ RETIREMENT SYSTEM, OF THE VILLAGE CODE OF ORDINANCES TO COMPLY WITH INTERNAL REVENUE CODE AND TREASURY REGULATION CHANGES PER THE 2007 CUMULATIVE LIST OF CHANGES IN PLAN QUALIFICATION REQUIREMENTS AS APPROVED BY THE FAVORABLE DETERMINATION LETTER DATED APRIL 20, 2016, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.

(1st Reading)

Ms. Estep read the items contained on the Consent Agenda. Vice Mayor Zelkowitz moved approval of the Consent Agenda. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

     2)      BROCKWAY MEMORIAL LIBRARY                                                 Cheryl Gowing, Trustee

  1. DISCUSSION AND POSSIBLE ACTION REGARDING FUNDING FOR THE BROCKWAY MEMORIAL LIBRARY EXPANSION PROJECT.

Board Member Henry Harnage spoke in support of the expansion project, indicating that the project and fundraising efforts have been ongoing for the past three years. Board Member Cheryl Gowing then provided specific information regarding the Library’s request for funding an additional $350,000 for the project, outlining the three expansion options that have been evaluated by the Board Members and the Library Director, Michelle Brown. Ms. Gowing spoke of the recommended option which will add 1200 square feet to the Library structure as well as the renovation of the existing children’s space. She provided information on the proposed uses of the new and redesigned space, stressing the flexibility and benefits of the new space. Following discussions that touched on funding sources, a construction timeline and the cost and scope of a larger addition, Councilwoman Ledesma moved to approve the request of $350,000 for the Library expansion project.   Vice Mayor Zelkowitz seconded the motion requesting that the Library use funds from their fundraising efforts before the Village’s funding for the project.

Mayor Burch opened the floor for public comment and resident Elizabeth Cowen asked about normal Library operations during the construction project. Mayor Burch closed public comment and offered remarks regarding the Library’s recent programming and history.   The Council then voted unanimously in favor of the motion.

 

   3)       VILLAGE CLERK                                                                                   Barbara A. Estep                                                                            

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 18, ARTICLE III, SECTION 18-39 GENERAL EMPLOYEE PENSION BOARD; OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE(2nd & Final Reading)

Ms. Estep read the caption of the ordinance into the record. Vice Mayor Zelkowitz moved to approve the ordinance as presented. Councilwoman Holly seconded the motion. Mayor Burch opened the Public Hearing but as no one came forward to speak, closed the Public Hearing and called for a vote, which was unanimous in favor of the motion.

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING DIVISION 17 LANDSCAPING, SECTION 536 – DESIGN STANDARDS; OF ZONING APPENDIX A, OF THE VILLAGE’S CODE OF ORDINANCES, RELATING TO DESIGN STANDARDS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.                                  (2nd & Final Reading)

Ms. Estep read the caption of the ordinance into the record. Vice Mayor Zelkowitz moved approval of the ordinance as presented. Councilwoman Holly seconded the motion. Mayor Burch opened the Public Hearing. No one present wished to speak on the proposed ordinance and Mayor Burch closed the Public Hearing and asked for a vote which was unanimous in favor of the motion.

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 518 “FENCES, WALLS & HEDGES: CONTAINED 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.          (2nd & Final Reading)

Ms. Estep read the caption of the ordinance into the record. Councilman Glinn moved approval of the ordinance as presented. Councilwoman Ledesma seconded the motion. Councilwoman Ledesma reviewed photos of various properties and their hedges on a number of busy streets within the Village. She indicated that the Code should be reasonable and uniformly enforced once enacted. Councilwoman Ledesma indicated that she would like to see architectural design allowances in the Code, adding 111th Street to the proposed list of busy streets and provided her reasoning for the addition, increasing the allowable front yard hedge height to 8 or 9 feet for properties along busy streets and to remove any requirement to have side yard hedges on corner lots considered the same as front yard hedges. Vice Mayor Zelkowitz questioned whether these suggested amendments would need to go back before the Planning & Zoning Board.

Zoning Director David Dacquisto advised the Council on the Planning & Zoning Board’s discussions relating to hedge heights on busy streets and corner lots. Discussion regarding the Zoning Board’s recommendations ensued as well as a discussion regarding the continued review of this particular section of the Code. Council Members discussed and agreed that 96th Street, 95th Street, 103rd Street, 107/108th Streets and 10th Avenue also be added to the list of busy streets where the higher front yard hedge height be permitted.  There was additional discussion on timing of the ordinance’s adoption if it was sent back to the Zoning Board. Councilwoman Holly moved to table the item. The motion died for lack of a second.  After receiving clarification on the original motion, Vice Mayor Zelkowitz moved to amend to include all of Councilwoman Ledesma’s suggestions as well as the additional streets mentioned by Council Members and the Administration. Mr. Sarafan pointed out two typographical errors in the text of the Code Section which were accepted by the Vice Mayor to include in the motion. Councilwoman Ledesma seconded the motion. Councilman Glinn suggested that the motion to amend include a 9’ front yard hedge height limit on busy streets, including Biscayne Boulevard. The consensus of the Council was to have the height limit set at 8’ for front yard hedges on busy streets. Councilwoman Ledesma and Vice Mayor Zelkowitz accepted the 8’ amendment. No one present came forward to speak on the ordinance and Mayor Burch called for the vote which was unanimous in favor of the amended motion.

Due to a schedule conflict, Vice Mayor Zelkowitz left the meeting at the conclusion of this agenda item.

     

  1. VILLAGE COUNCIL                                                               
  1. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPERTY BELIEVED TO BE IN FORECLOSURE ADJACENT TO OPTIMIST PARK.          Councilman Glinn

Councilman Glinn provided a brief explanation regarding this item, indicating that the property presents a unique opportunity to purchase additional green space adjacent to the existing park. Discussion centered upon the status of the property in the foreclosure process and funding options should the Council choose to move forward once a status update is provided. Following these discussions, Councilman Glinn moved to direct Staff to look at possibilities for funding the purchase and to reach out to the bank’s attorneys regarding the status and pricing of the property. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion. Council requested that the information be available for the June 21st Council Meeting.

  1. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL AUTHORIZING THE MAYOR TO SIGN THE MAYORS’ CLIMATE ACTION PLEDGE; PROVIDING FOR AN EFFECTIVE DATE.                                                               Councilwoman Ledesma

Councilwoman Ledesma offered information to the Council regarding the Mayors’ Climate Action Pledge and the accompanying resolution requesting authorization for the Mayor to sign the Pledge. Councilwoman Ledesma provided highlights of the Pledge before moving to approve the Resolution as presented. Councilman Glinn seconded the motion and the vote was unanimous in favor of the motion.

Mayor Burch spoke briefly regarding the Pledge and the Compact, as well as the activities of the Urban Land Institute with respect to sustainability.

  1. DISCUSSION AND POSSIBLE ACTION REGARDING CREATING A BED & BREAKFAST IN THE VILLAGE.                              Councilwoman Ledesma

Councilwoman Ledesma introduced the item as a result of a resident raising the issue at a recent Council Meeting. Mr. Sarafan spoke of the various issues relating to operating a commercial establishment within a single family, residential zoning district and the possibilities of allowing for a bed & breakfast. Mr. Sarafan further indicated that State regulating agencies, including the Division of Hotels and Restaurants and the Department of Business and Professional Regulation license Bed & Breakfasts. Following a brief discussion regarding the feasibility of the idea, Councilwoman Ledesma moved to direct the Planning & Zoning Board to review the particulars of establishing a Bed & Breakfast zoning designation. Councilman Glinn seconded the motion. Resident Laura Annese, who originally proposed the idea of her home being utilized as a Bed & Breakfast, spoke about the possibility of zoning her property for the establishment. Mr. Sarafan advised Ms. Annese that “spot” zoning is not possible.   Mayor Burch called for the vote which was unanimous in favor of the motion.

5)    ANNOUNCEMENTS

Ms. Estep read the announcements.

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

Dick Direnzo      Mr. Direnzo spoke about vacant homes in the Village and the need to make improvements to the public right-of-ways east of NE 2nd Avenue.

Mary Benton       Ms. Benton spoke of her displeasure with the Planning & Zoning Board’s deliberations on the landscaping code.

Bob Smith           Mr. Smith commended the Council for their common sense approach regarding the hedge height issues.

Rachel Shipman  Ms. Shipman shared her concerns with the proposed dog park utilizing parking spaces that are needed close to the aquatic center entrance for seniors and handicapped parking.

Gwen Burzycki   Ms. Burzycki spoke of landscaping issues and her concerns regarding proposals being discussed for Code amendments.

 

7)         COUNCIL COMMENTS

Ivonne Ledesma                Councilwoman Ledesma spoke about the landscaping issue and the time the Planning & Zoning Board has spent on the issue.

MacAdam Glinn              Councilman Glinn thanked the residents for their attendance and their feedback. He also commented on the Memorial Day event which he stated was a “1st Class” ceremony.

Councilwoman Ledesma left the meeting at this point.

Herta Holly                        Councilwoman Holly complimented Staff on the Memorial Day ceremony and the empty chairs where service veteran’s once sat.

Alice Burch                       Mayor Burch thanked Capt. Michael Sheppard for speaking at the Memorial Day ceremony and for those in attendance.

8)         ADJOURNMENT

The June 7, 2016 Council Meeting was adjourned at 8:25 PM.

                                                                                                                   ________________________

                                                                                                                   Alice Burch, Mayor

__________________________

Barbara A. Estep, MMC

Village Clerk