Village Council Meeting Minutes - May 17, 2016

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, May 17, 2016 at Village Hall. The meeting was called to order at 6:30 PM with the following individuals present:

PRESENT:                        Alice Burch

                                           Steven Zelkowitz (arrived at 6:35PM)

                                           Mac Glinn

                                           Herta Holly

                                           Ivonne Ledesma

ALSO PRESENT:             Tom Benton, Village Manager

                                           Barbara Estep, Village Clerk

                                           Richard Sarafan, Village Attorney

PRESENTATIONS

 

In recognition of their accomplishments, Mayor Burch introduced Doctors Charter School Track Team Coach, Randy Morales and team member/co-captain of the Boys Track Team, Johnathan Gill, who spoke of the teams’ records and accomplishments.

State Representative Daphne Campbell provided the Council with information regarding this past legislative session.

Oscar Bello, Project Manager for Layne Heavy Civil provided the Council with a status report on the downtown water main and sewer line project.

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 5, 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 2, ARTICLE VI, SECTION 2-90 CHARTER SCHOOL AUTHORITY; OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.                (1st Reading)
  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(1st Reading)
  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.  (1st Reading)
  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.            (1st Reading)

Ms. Estep read the items contained on the Consent Agenda. Councilwoman Ledesma asked to pull item 1E, and Mayor Burch asked to pull item 1B from the Consent Agenda. Vice Mayor Zelkowitz moved to approve the remainder of the Consent Agenda. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion.

1B - Mayor Burch asked for clarification on imposing term limits on Board Members that are not appointed by the Village Council, i.e. Barry University, PTA group, etc., with Vice Mayor Zelkowitz questioning the Council’s authority to appoint and/or eliminate those seats. Mr. Sarafan spoke of possible repercussions with respect to the Vice Mayor’s questions. Mayor Burch asked that the Administration reach out to the other appointing agencies and get their thoughts on the term limit issue being proposed by the Village. In response, Councilwoman Holly moved to table the item until the information from the other Boards of Directors is received. Councilman Glinn seconded the motion and the vote was unanimous in favor of the motion.

1E - Councilwoman Ledesma provided history and background regarding the November 2015 Council Workshop during which the subject of hedge heights, among other issues, was discussed. Councilwoman Ledesma read a number of individual’s statements from the Workshop indicating that clarification on acceptable hedge heights and specifically on high traffic streets was being sought. Councilwoman Ledesma stated that at the conclusion of the discussion she had asked the Planning & Zoning Board to look at and make a recommendation on all hedge heights: front, side and rear.

Mayor Burch asked to hear from the Village Attorney regarding the process followed to have the proposed ordinance before the Council this evening. Mr. Sarafan reviewed the Council’s referral to Planning & Zoning and stated that the Planning & Zoning Board considered what was asked of them. He further stated that there is nothing indicating that the Council can’t ask the Planning & Zoning Board to review the hedge height issue again. Councilman Glinn asked to hear from Planning Director, David Dacquisto, regarding the current proposal regarding hedge heights. Mr. Dacquisto summarized that the Planning & Zoning Board looked at allowable hedge heights along busy streets and proposes a 6’ front yard hedge along specific streets. The proposed ordinance also expands allowable fencing materials to include metal board and wood fences (not just wood picket fences) in the front yards. These are proposed changes that the Planning & Zoning Board felt were being requested by residents and which were not currently permitted. Councilman Glinn asked as to why 103rd Street, 96th Street and 10th Avenue were not included in the list of streets where the higher front hedge would be permitted. Councilwoman Holly remarked about the current proposed list of streets particularly being spoken of.

Vice Mayor Zelkowitz indicated that the code language is confusing but that the Planning & Zoning Board did what was asked of them. The Vice Mayor asked that the Planning & Zoning Board look again at the rear yard hedge height restriction and possibly raise it to more than 7’ and expand the list of streets for higher hedge heights. Councilman Glinn then moved to approve the proposed ordinance on first reading. Vice Mayor Zelkowitz seconded the motion. Councilwoman Ledesma asked that “hedges” be defined in the Code. Mr. Sarafan read the definition of hedge contained in the Code.   Mayor Burch opened the floor for public comments.

Mary Benton                      Ms. Benton spoke about living in a home on a “reverse corner lot” and the landscaping problems that occur with the scenario.

Bob Smith                         Mr. Smith indicated that people want privacy and asked the Council to reconsider hedge height restrictions. He stated that he had heard that Biscayne Park had eliminated any height restrictions in their Code.

Stanley Summer                Mr. Summer spoke in support of higher hedge heights.

John McPhee                     Mr. McPhee spoke of his concerns regarding the care and maintenance of hedges, regardless of their height.   He further stated that the Code’s language is confusing.

Dennis Leyva                     Mr. Leyva talked about the Village not being a “cooking cutter” community and the various styles of homes. He stated that hedge heights need to be different for the different style homes, indicating that no one regulation will work for all the different homes.  

Michelle Jayne                   Ms. Jayne spoke of the need to look at all hedge heights as she has safety concerns for her children and the pedestrian traffic along her side yard.

David Siqueiros                Mr. Siqueiros indicated that 6’ fence heights are not high enough and supports an 8’ fence height allowance in the rear yards.

Patty Schaeffer                  Ms. Schaeffer spoke of the problem with a neighbor that has a very tall side hedge which causes maintenance problems for her pool and roof due to leaves blowing from those hedges. She stated her belief that shorter hedge heights should be considered.

Adriana Diaz Bergnes       Ms. Bergnes expressed her opinion that there shouldn’t be a hedge height restriction in side or rear yards.

Cecilia __________        This resident asked the Council to remember the train traffic as well as high traffic streets.

Mayor Burch closed public comment. In the interest of time Vice Mayor Zelkowitz called the question resulting is a vote of 4 to 1 in favor of the motion with Councilwoman Ledesma dissenting.

Vice Mayor Zelkowitz then moved to direct the Planning & Zoning Board to look at hedge heights: rear, front and side yards. Councilman Glinn seconded the motion. Councilwoman Ledesma asked that the motion be amended to include requiring a recommendation back from the Planning & Zoning Board within two months. Vice Mayor Zelkowitz agreed to the amendment and Councilwoman Ledesma seconded the amended motion and the vote was unanimous in favor of the motion.  

Councilman Glinn spoke of the information circulated on social media sites and Councilwoman Ledesma responded to Councilman Glinn’s concerns.

    

           

     2)      VILLAGE CLERK                                                                     Barbara A. Estep                                                                                     

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING SECTION 11-04 (a) OF CHAPTER 11, HISTORIC PRESERVATION 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 DATE.                     (2nd & Final Reading)
  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 20, ARTICLE IV, DIVISION 2, SECTION 20-71, LIBRARY, OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.                   (2nd & Final Reading)
  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COIUNCIL, AMENDING CHAPTER 16, ARTICLE II, SECTION 16-21 (a) RECREATION ADVISORY COMMITTEE, OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.

(2nd & Final Reading)

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 16, ARTICLE III, DIVISION2 COUNTRY CLUB ADVISORY BOARD, SECTIONS 16-56 AND 16-57; OF THE VILLAGE CODE OF ORDINANCES, PERTAINING TO BOARD MEMBERS’ APPOINTMENT AND TERMS, PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.                                                           (2nd & Final Reading)
  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 18, ARTICLE II, SECTION 18-16 PERSONNEL APPEALS 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 DATE.         (2nd & Final Reading)
  1. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 14, SECTION 14-33 OF THE CODE OF ORDINANCES OF MIAMI SHORES VILLAGE, INCREASING RATES FOR LOCAL BUSINESS TAX RECEIPTS AS CONTAINED WITHIN THE SCHEDULE OF LOCAL BUSINESS TAXES, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.                                                                (2nd & Final Reading)

Ms. Estep read the captions of the ordinances into the record. Mayor Burch opened the public hearing for input on any of the ordinances proposed for adoption on second reading. Seeing no one come forward, the Mayor closed the public hearing.

Vice Mayor Zelkowitz moved to approve and adopt Item 2A. Councilwoman Ledesma seconded the motion and the vote was 4 - 1 in favor of the motion with Mayor Burch dissenting.

Vice Mayor Zelkowitz moved to approve and adopt Item 2B. Councilwoman Holly seconded the motion and the vote was 4 – 1 in favor of the motion with Mayor Burch dissenting.

Vice Mayor Zelkowitz moved to approve and adopt Item 2C. Councilwoman Holly seconded the motion and the vote was 4 – 1 in favor of the motion with Mayor Burch dissenting.

Vice Mayor Zelkowitz moved to approve and adopt Item 2D. Councilwoman Holly seconded the motion and the vote was 4 – 1 in favor of the motion with Mayor Burch dissenting.

Vice Mayor Zelkowitz moved to approve and adopt Item 2E. Councilman Glinn seconded the motion and the vote was 4 – 1 in favor of the motion with Mayor Burch dissenting.

Vice Mayor Zelkowitz moved to approve and adopt Item 2F. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

  1. VILLAGE MANAGER                                                              Tom Benton
  1. DISCUSSION AND POSSIBLE ACTION REGARDING COMMUNITY CENTER PROJECT.

Mr. Benton summarized the information contained in his memo, indicating that a conceptual floor plan and design has not yet been completed nor a cost estimate calculated. As a result, Mr. Benton stated that it would be difficult to have all the necessary paperwork and details completed in order to meet the election ballot deadlines and place the bond question on the scheduled August 30, 2016 election. Mr. Benton stated his recommendation that the bond question be scheduled for the April 2017 Council Election which will allow the Administration sufficient time to prepare for the election. He further indicated that he is looking for Council direction as to the timing of the project. Council Members discussed issues surrounding the community center project including outstanding bonds owed the possibility of a special election if preparations can be completed prior to the 2017 Council Election and the fact that the Council would like Staff to move “full speed ahead” with preparing for a new community center.

4)    ANNOUNCEMENTS

Ms. Estep read the announcements.

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

John McPhee                     Mr. McPhee thanked everyone for the work and services on behalf of the residents.

6)         COUNCIL COMMENTS

MacAdam Glinn                Councilman Glinn thanked the Mayor and spoke of the upcoming meetings regarding the Downtown Design Criteria information and the opportunity for community input. Councilman Glinn also spoke of the girls’ softball teams and thanked the Recreation Director, Jerry Estep for the excellent programming, their success being a testament to the staff and coaches.

Alice Burch                       Mayor Burch spoke of the successful Bike/Walk to School Day event and that over 400 students participated. She also spoke of the upcoming Memorial Day ceremony.

7)         ADJOURNMENT

The May 17, 2016 Council Meeting was adjourned at 8:10 PM.

                                                                                                    _____________________________

                                                                                                     Alice Burch, Mayor

_____________________________

Barbara A. Estep, MMC

Village Clerk