LimeBike Memorandum of Understanding

Village Council Meeting Minutes - October 6, 2015

MIAMI SHORES VILLAGE

REGULAR COUNCIL MEETING

The Miami Shores Village Council held their regularly scheduled Council Meeting on Tuesday, October 6, 2015 in the Village Hall Chambers. 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

                                           Barbara Estep, Village Clerk

                                           Richard Sarafan, Village Attorney

PRESENTATIONS

 

Michael Lefevre and Allie Sole of All Aboard Florida provided information regarding the project status and the timeline for construction and the initiation of quiet crossings for the Village.

Mr. Robert Vickers, Chair of the Code Enforcement Board reported on the activities of the Code Board.

Mr. Johnathan Meltz from the Recreation Advisory Board provided information regarding the activities and accomplishments of the Recreation Advisory Board.

 

CONSIDERATIONS

 

 

1)         DOCTORS CHARTER SCHOOL                                            

  1. PRESENTATION OF DOCTORS CHARTER SCHOOL BUDGET.

Mr. Nicholas Dorn provided highlights of the School’s accomplishments and activities and reviewed the Capital Project Outlay and General budgets. Mr. Dorn reported that the School’s capacity is at the maximum level of 599/600 students. He further provided specific information regarding the expected revenues from the State and County. Council Members queried Mr. Dorn on various line items listed on the submitted budget and a brief discussion regarding the School’s rent payment ensued.

2)           VILLAGE CLERK                                                                                  Barbara A. Estep

  1. APPROVAL OF THE SEPTEMBER 22, 2015 BUDGET HEARING AND COUNCIL

MEETING MINUTES.

Councilman Walters approved the September 22, 2015 Budget Hearing and Council Meeting minutes as submitted. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion.

3)           VILLAGE PLANNING DEPARTMENT                                               David Dacquisto

  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 EFFECTIVE DATE.                      2nd Reading

 

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING THE VILLAGE’S CODE OF ORDINANCES, “ZONING APPENDIX A” TO ADD WINE CAFÉ 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 AND RESERVE 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.                                                                         2nd Reading

Ms. Estep read the captions of the Ordinances into the record. Vice Mayor Zelkowitz moved approval of Item 1A. Councilman Walters seconded the motion. Zoning Director, David Dacquisto outlined the changes proposed for the B1 and B2 zoning districts, including the inclusion of a Wine Café. Mr. Dacquisto reviewed the hours of operation and the recommendations of the Planning & Zoning Board. Council Members discussed the various components of the ordinances and spoke of the items they believe still need to be addressed within the ordinance, i.e. parking requirements, beer sales, delivery hours and fast food establishments. Following lengthy discussions and subsequent to providing Staff with specific, agreed upon changes, Vice Mayor Zelkowitz and Councilman Walters withdrew the original motion.

Mayor Burch opened the floor for public comments.

William Wells                   Mr. Wells spoke of the prohibitions contained in the ordinances.

Hunt Davis                        Mr. Davis expressed his opinion that having no parking regulations abandons the nearby residents and spoke of the inequality of requiring parking for some businesses but not restaurants or wine cafes.

Jerry Lance                        Mr. Lance spoke of his concern regarding excessive noise that may result from the establishments.

Mayor Burch closed the public hearing. Vice Mayor Zelkowitz moved to table Items 3A and 3B until October 20th to allow for Staff to make recommended changes. Councilwoman Ledesma seconded the motion and the vote was unanimous in favor of the motion.

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI SHORES, FLORIDA, ADOPTING THE 2016 CAPITAL IMPROVEMENTS PROJECT SCHEDULE ANNUAL UPDATE TO THE MIAMI SHORES VILLAGE 2025 COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE1st Reading

Ms. Estep read the caption of the ordinance into the record and advised the Council of the purpose of the ordinance which is seen as a “housekeeping” issue required by the State each year. Councilwoman Holly moved to approve the ordinance as presented. Vice Mayor Zelkowitz seconded the motion and the vote was unanimous in favor of the motion.

Due to the large number of people present at the meeting and subsequent to determining the items residents were in attendance to here, Mayor Burch suggested hearing agenda items out of order. These minutes reflect the actual order of items heard.

5)           VILLAGE COUNCIL

D)          DISCUSSION REGARDING THE COUNTRY CLUB MANAGEMENT COMPANY’S LETTER ADDRESSED TO COUNCILMAN JESSE WALTERS.                       Ivonne Ledesma

Councilwoman Ledesma introduced the item and referred to various parts of a letter addressed to Councilman Walters by the Village’s Country Club management firm, PCM (Professional Course Management). Councilwoman Ledesma requested information from the Village Attorney regarding the Council’s right to make suggestions, offer criticism or write letters to PCM. Mr. Sarafan advised that the Council, or anyone else, has the ability to offer suggestions to the Club’s management however, there are no special rights afforded to the Council with respect to the lease agreement. Following a lengthy discussion between Councilwoman Ledesma and Mr. Sarafan, Councilwoman Ledesma asked Mr. Sarafan to provide her with a synopsis of the lease agreement between the Village and PCM.

Mayor Burch opened the floor for public comment.

Mary Griffith                     Ms. Griffith indicated that she sits on the Country Club Advisory Board and of her dismay with Mr. Walters’ initial letter to PCM.

Heidi Morando                  Ms. Morando stated that Councilwoman Ledesma should have read Mr. Walters letter and that by only referring to the PCM response was irresponsible.

Ed O’Donnell                    Mr. O’Donnell suggested that the Council has more important items to attend to and that Councilwoman Ledesma should have asked the Village Attorney the question of whether there is a breach of contract prior to proceeding in her attempts to help Councilman Walters.

Hunt Davis                        Mr. Davis stated that the Council should compare revenue at the Miami Shores Club with other clubs to see that the Miami Shores Club is one of only a handful that are profitable. He also spoke of Councilman Walters’ initial letter which suggests sunshine law violations.

Jerry Lance                        Mr. Lance spoke of Councilman Walters’ letter and PCM’s response.

William Wells                   Mr. Wells indicated that Councilman Walters should be applauded for bringing up the lease agreement.

Billy Davis                        Mr. Davis spoke of the amount of money the Village lost annually prior to the lease agreement with PCM was finalized.

Bill Griffith                       Mr. Griffith quoted figures for losses sustained by the Club prior to 1990, which were upwards of $300,000 annually.

Mayor Burch closed public comment on this item.

Councilman Walters stated that he had spent lots of time and money at the Club but now feels afraid to go to the Club.

5)           VILLAGE COUNCIL                                                                                                                                       

  1. AN ORDINANCE OF MIAMI SHORES VILLAGE AMENDING CHAPTER 20, “STREETS, SIDEWALKS AND OTHER PUBLIC PLACES” BY CREATING ARTICLE VI “TARGETED PICKETING” RELATING TO CERTAIN PROHIBITIONS AND

 

 

 

 

 

 

LIMITATIONS ON PICKETING AT A RESIDENCE OR DWELLING WITHIN THE

VILLAGE; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR

SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.         (1st Reading)                           Steven Zelkowitz

 

  1. AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL AMENDING CHAPTER 10, “HEALTH AND SANITATION” BY AMENDING SECTION 10-5 “MAINTAINING SOURCE OF NOXIOUS ODORS OR GAS, DISTURBING NOISE OR OTHER NUISANCE” RELATING TO CERTAIN PROHIBITIONS AND LIMITATIONS ON USE OF LOUD NOISE DEVICES WITHIN THE VILLAGE; PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.

     (1st Reading)                 Steven Zelkowitz

Ms. Estep read the captions of the two ordinances into the record so that they could be discussed simultaneously. Vice Mayor Zelkowitz moved to approve the two ordinances on first reading. Councilwoman Holly seconded the motion. Vice Mayor Zelkowitz spoke of the recent picketing which took place in a residential neighborhood and the effects that such a disturbance had on the family and surrounding neighbors. Vice Mayor Zelkowitz further indicated that the freedom of speech and constitutional rights are not absolute and that the Village may take actions to ensure the peace and tranquility in our neighborhoods are preserved. He suggested that the Council should protect the rights of the residents to enjoy their own homes and properties.

Mr. Sarafan spoke of the fine line between free speech and residents in their own homes which should be free from disturbing and/or excessive noise. He suggested that the ordinances may not prevent picketing but address “targeted picketing”.

Mayor Burch and Councilwoman Holly commented on their support of the ordinances. Mayor Burch then opened the floor for public comment.

Mac Glinn           Mr. Glinn thanked the Council for introducing the ordinances and spoke of his family being subjected to the protesters.

Robert Vickers    Mr. Vickers also experienced the disruption and bullhorns in the neighborhood. Spoke in support of the ordinances.

Angela Young     Ms. Young spoke of the trauma for the Glinn children and expressed support of the ordinances.

Adam Mueller     Mr. Mueller indicated that it is an issue not easily decided but very necessary.

Hunt Davis          Mr. Davis spoke in support of the ordinances.

Elizabeth CowenMs. Cowen suggested that the ordinances be as narrowly written as possible.

Manny Hadad      Mr. Hadad encouraged the Council to pass the ordinances and defend them at whatever price.

Cesar Crousillat  Mr. Crousillat spoke in support of the ordinances.

Mayor Burch closed public comment and called the question on the motion. The resulting vote was unanimous in favor of the motion.

  1. DISCUSSION AND POSSIBLE ACTION REGARDING CREATING TERM LIMITS FOR THE VILLAGE’S BOARDS AND COMMITTEES.                      Ivonne Ledesma

Councilwoman Ledesma introduced the item indicating that many residents have asked for term limits to be instituted. She stated that term limits for boards and committees is the norm and it will provide greater opportunities for residents to serve. Mr. Sarafan advised that if the Council chooses to move forward with instituting term limits, a number of ordinances will need to be prepared to address the various boards

terms. Councilwoman Ledesma then moved to direct staff to prepare ordinances to institute 8 year term limits. Vice Mayor Zelkowitz seconded the item. Mayor Burch opened the floor for public comment.

Jan Domlesky      Ms. Domlesky spoke in favor of term limits to allow for more opportunities for residents.

Susan Ackley       Ms. Ackley expressed opposition to term limits as there is value with long serving members and to returning loyal board members to the boards.

Elizabeth CowenMs. Cowen spoke in favor of term limits indicating that limits are not meant to inhibit people for serving.

Steven Mumby    Mr. Mumby spoke in favor of limits, comparing board appointments to the Council which has limits.

Dennis Leyva      Mr. Leyva spoke in support of term limits and spoke of the process in Miami Beach.

Hunt Davis          Mr. Davis spoke in opposition to term limits which may eliminate qualified individuals from serving. He stated that it is always the Council’s decision to reappoint and individual or not.

Mayor Burch closed public comment.

Council Members shared their views on Councilwoman Ledesma’s proposal and the timing of upcoming appointments. By consensus of the Council, the board appointments scheduled to take place on October 20th will take place. The Administration will work to prepare ordinances to institute term limits for future consideration by the Council. Mayor Burch called for the vote which was 4 to 1 in favor of the motion with Councilwoman Holly dissenting.

Councilwoman Ledesma left the meeting at this point in time.

4)           VILLAGE MANAGER                                                                            Tom Benton

  1. APPROVAL TO PAY THE VILLAGE’S CAPITAL ASSESSMENT FOR THE WATER MAIN AND SEWER SYSTEM INSTALLATION IN THE AMOUNT OF $766,968 FROM THE VILLAGE’S FUND BALANCE ACCOUNT.

Mr. Benton provided the Council with his request and summarized the information contained in his cover memo. Vice Mayor Zelkowitz moved to pay the assessment in one lump sum payment as recommended by the Village Manager. Councilwoman Holly seconded the motion and the vote was unanimous in favor of the motion.

5)           VILLAGE COUNCIL                                                                                                                                       

  1. E)          DISCUSSION CONCERNING ENHANCED COMMUNICATION WITH THE POLICE DEPARTMENT.                                                                               Jesse Walters

Councilman Walters introduced resident William Tenney who spoke of wanting to be made more aware of police activity relating to crimes committed within the Village. Mr. Tenney suggested a number of items that he believes could be instituted to have residents more informed. Resident Pam Michaels also spoke to the issue of crime in the Village. Mayor Burch opened the floor for public comments.

Jerry Lance          Mr. Lance indicated that having been the victim of a crime in the past, he would not like to see crime reports in the papers.

Mayor Burch closed public comments. Councilman Walters asked Chief Lystad to comment on the suggestions. Chief Lystad responded to the resident’s suggestions and indicated that he plans on repeating his Crime Prevention Symposium on November 10th and welcomed residents to attend to hear about crime prevention and the police activities.

6)           ANNOUNCEMENTS

Ms. Estep read the announcements.

 

7)             PUBLIC COMMENTS

Bill Wexler         Mr. Wexler spoke about the need for street lights and improved fencing to deter crime.

Jerry Lance          Mr. Lance offered his opinion that the Village should not be subsidizing Green Day as the Chamber is a business and should raise the required money to conduct their own special event.

8)             COUNCIL COMMENTS

Herta Holly         Councilwoman Holly thanked Mr. Dacquisto for his work on the alcohol ordinances.

Steven Zelkowitz              Vice Mayor Zelkowitz invited board applicants to reach out to Council members.

Jesse Walters       No comment

Alice Burch         Mayor Burch made a number of announcements and thanked the Aquatic Center supervisors for their work on the recent Dog Day at the Pool event.   She also provided information regarding the upcoming Alliance Bruch and Unity Ball.

9)             ADJOURNMENT

The October 6, 2015 Council Meeting was adjourned at 10:30 PM.

                                                                                                                   ________________________

                                                                                                                   Alice Burch, Mayor

____________________________

Barbara A. Estep, MMC

Village Clerk