MIAMI SHORES VILLAGE N.E. 2 nd Avenue Miami Shores, FL 33138

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1 MIAMI SHORES VILLAGE N.E. 2 nd Avenue Miami Shores, FL REGULAR COUNCIL MEETING June 20, :30 PM Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Village Manager Tom Benton Village Attorney Richard Sarafan Village Clerk Ysabely Rodriguez 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. PUBLIC COMMENTS 6. CONSENT AGENDA 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. A. APPROVAL OF THE JUNE 6, 2017 COUNCIL MEETING MINUTES B. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #4 TO THE FISCAL YEAR OPERATING BUDGETS; APPROPRIATING $68,000 FROM THE STORMWATER FUND BALANCE FOR THE WATER RETENTION WALL (STAFF: FINANCE DIRECTOR) C. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #5 TO THE FISCAL YEAR OPERATING BUDGETS; APPROPRIATING $65,810 FROM THE FLEET MAINTENANCE FUND BALANCE FOR 2 FORD INTERCEPTOR POLICE UNIT SUV S AND OUTFITTING OF THESE VEHICLES (STAFF: FINANCE DIRECTOR) D. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #6 TO THE FISCAL YEAR OPERATING BUDGETS; APPROPRIATING $519,754 FROM THE GENERAL FUND BALANCE AND A $486,754 INCREASE IN THE CAPITAL PROJECTS FUND FOR THE PURCHASE OF THE HOUSE AT 9301 NE 2ND AVENUE (STAFF: FINANCE DIRECTOR) 7. VILLAGE BUSINESS A. PRESENTATION & ACCEPTANCE OF THE 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDING IN SEPTEMBER 30, 2016 (STAFF: FINANCE DIRECTOR) 1

2 B. DISCUSSION AND POSSIBLE ACTION REGARDING ALLOWING GAS STATION- CONVENIENCE STORE (STAFF: PLANNING & ZONING DIRECTOR) C. DISCUSSION AND POSSIBLE ACTION REGARDING LEASING OUT THE CATHOLIC CHARITIES BUILDING (SPONSORED BY: MAYOR MACADAM GLINN) D. DISCUSSION AND POSSIBLE ACTION REGARDING LEASING OUT THE AQUATIC CENTERS SNACK SHACK (SPONSORED BY: MAYOR MACADAM GLINN) E. DISCUSSION AND POSSIBLE ACTION REGARDING VILLAGE BOARDS REPORTS (SPONSORED BY: COUNCILMAN JONATHAN MELTZ) F. DOWNTOWN SEWER PROJECT UPDATE (SPONSORED BY: COUNCILMAN JONATHAN MELTZ) G. DISCUSSION AND POSSIBLE ACTION REGARDING ESTABLISHING A NON-RESIDENT PASS FEE FOR SHIPWRECK COVE (VILLAGE MANAGER) 8. ANNOUNCEMENTS A. The first Regular Council Meeting in July has been cancelled due to Holiday schedule. B. The Council Budget Workshop is scheduled for Tuesday, July 12 beginning at 6:00 PM. The Workshop will be held in the Royal Palm Room of the Community Center. C. The next meeting of the Village Council is scheduled for Tuesday, July 18, 2017 beginning at 6:30 PM. D. The annual July 4th Holiday Celebration, including fireworks will be held on Monday, July 4th at 9:00 PM on the driving range of the Country Club. The Village Aquatic Center will open at 10:00 AM with a special BBQ menu and there will be extended hours for the fireworks. Village offices will be closed in honor of the holiday. E. Please visit the Village website at 9. COUNCIL COMMENTS 10. ADJOURNMENT Ysabely Rodriguez, CMC Village Clerk

3 MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING N.E. 2 nd Avenue Miami Shores, FL Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Village Manager Tom Benton Village Attorney Richard Sarafan Village Clerk Ysabely Rodriguez Meeting Minutes TUESDAY, JUNE 6, :30 PM VILLAGE CHAMBERS CALL TO ORDER Vice Mayor Brady called the meeting to order at 6:32 PM. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE ROLL CALL Present (3): Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Mayor MacAdam Glinn and Councilman Steven Zelkowitz were absent. Also Present: Tom Benton, Village Manager Barbara Estep, Village Clerk Richard Sarafan, Village Attorney 1) PUBLIC COMMENT (3 Minute Time Limit Per Speaker) Chester Morris commended Hunt Davis and Sue Edmiston for their service to the community and he further advocated for their appointments to the Charter School Board of Directors. Hunt Davis congratulated the newly elected officials for their victory in the last election, commended Madam Clerk Estep for her dedicated service to Miami Shores Village, and further spoke about the Charter School Board of Directors. PRESENTATION Presentation of the Brockway Memorial Library Annual Report.

4 Village Clerk Estep introduced the item. Donna Hurtak, Chair of the Library Board of Trustees, presented the Brockway Memorial Library Annual Report. CONSIDERATIONS 2) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE MAY 16, 2017 AND COUNCIL MEETING MINUTES. A motion was moved by Councilwoman Burch and seconded by Councilman Meltz to approve the May 16, 2017 Council Meeting Minutes. The motion passed unanimously. B) APPOINTMENT TO LIBRARY BOARD OF TRUSTEES (1 vacancy) Applicants: Christine Gay Judy Lefferdink Kathleen Redmond Myrtha Wroy Village Clerk Estep introduced the item. The applicants were given an opportunity to speak. Ms. Christine Gay, Ms. Kathleen Redmond, and Ms. Myrtha Wroy advocated for their appointment to the Library Board. Paper ballots were voted with the following results: Vice Mayor Brady Councilwoman Burch Councilman Meltz Myrtha Wroy Kathleen Redmond Kathleen Redmond As there was no individual receiving a majority of votes, a second ballot was cast for appointment. The results of the second ballot were as follows: Vice Mayor Brady Councilwoman Burch Councilman Meltz Kathleen Redmond Kathleen Redmond Kathleen Redmond With a 3-0 vote, Kathleen Redmond was appointed to the Library Board of Trustees. C) APPOINTMENT TO THE CHARTER SCHOOL BOARD OF DIRECTORS (5 vacancies) One - 1 year term1 expiring June 2018 Four - 2 year terms expiring June 2019 Applicants: Hunt Davis Sue Edmiston Jonathan Feldman Heather Mulroney Rebecca Murray Village Clerk Estep introduced the item. The applicants were given an opportunity to speak. None of the applicants that were present, with the exception of Hunt Davis, spoke on their behalf.

5 Responding to Madam Clerk Estep s inquiry, Sue Edmiston volunteered to serve a one (1) year term. A motion was moved by Councilwoman Burch and seconded by Councilman Meltz to appoint the following applicants to serve a two (2) year term on the Charter School Board of Directors: The motion passed unanimously. Hunt Davis Heather Mulroney Jonathan Feldman Rebecca Murray D) DISCUSSION AND POSSIBLE ACTION REGARDING MOVING THE DATE OF THE JULY 4, 2017 COUNCIL MEETING. Village Clerk Estep introduced the item and answered questions posed by the Village Council. After further discussion ensued, there was consensus to maintain the budget workshop scheduled for July 11, 2017 and to maintain the July 18, 2017 Regular Council Meeting, but to forgo the first Regular Council Meeting in July unless a pressing matter arises. 3) VILLAGE MANAGER Tom Benton A) APPROVAL TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. FLS AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO- PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS. Madam Clerk Estep read the title of the item into the record. Mr. Benton provided a brief overview of the item and recommended approval of the interlocal agreement. A motion was moved by Vice Mayor Brady and seconded by Councilman Meltz to approve Item 3A. The motion passed unanimously. B) AWARD OF FARMER S MARKET PROPOSAL TO THE MARKET COMPANY. Madam Clerk Estep read the title of the item into the record. Mr. Benton provided a brief overview of the item, recommended approval of the solicitation, and answered questions posed by the Village Council. Vice Mayor Brady recommended staff to provide a summary of the proposals for future competitive solicitations. Mr. Benton clarified approximately twenty (20) vendors are anticipated at the Farmer s Market.

6 Mr. Benton provided clarification with respect to available parking spaces that the Bank of America branch manager indicated could be used. There being no further discussion, a motion was moved by Councilwoman Burch and seconded by Vice Mayor Brady to approve Item 3B. The motion passed unanimously. 4) ANNOUNCEMENTS Madam Clerk Estep read the announcements into the record. Mr. Benton also communicated he will be hosting a Hurricane Preparedness forum at the Community Center on June 7, 2017 at 7:00 PM. 5) COUNCIL COMMENTS Councilwoman Burch communicated the Village s bronze status designation by the Florida League of Cyclists due to the Village s efforts in promoting a bicycle and walk friendly community. Councilwoman Burch further commended the Recreation and Public Works Departments for their efforts in accomplishing this noteworthy designation on the first attempt. Councilman Meltz congratulated all the newly appointed board members for their desire to devote their time and talents to the Village and further encouraged those applicants that were not appointed to attend the board meetings of their choice. Councilman Meltz encouraged any member of the community who is interested in promoting public safety matters, specifically as it relates to establishing a Ring Video Community, to contact him. Councilwoman Burch informed Solar Co-ops will be coming to the Village Fall 2017 and further elaborated on the premise behind the initiative for those interested in affordable green power. Vice Mayor Brady spoke in favor of the Solar Co-ops and recommended residents who are interested in energy efficiency to also look into the PACE program. He further thanked everyone who applied to the boards and mentioned how important community involvement is to the Village. Vice Mayor Brady thanked the Village Manager for reaching out to the residents who raised concerns about a specific property. 6) ADJOURNMENT There being no further business, the meeting adjourned at 7:19 PM. Mayor MacAdam Glinn Ysabely Rodriguez, CMC Village Clerk

7 RESOLUTION NO. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #4 TO THE FISCAL YEAR OPERATING BUDGETS; APPROPRIATING $68,000 FROM THE STORMWATER FUND BALANCE FOR THE WATER RETENTION WALL. WHEREAS, the Village adopted an annual operating budget for all funds and Departments for the fiscal year which began October 1, 2016; and, WHEREAS, Florida State Statutes require such fund increases be approved by the Council in the form of a resolution; NOW, THEREFORE, BE IT RESOLVED by the Miami Shores Village Council that: Section 1. This resolution creates and approves Budget Amendment #4 to the Fiscal Year Budget, effectuating the following increases: $68,000 increase in the Appropriation from Fund Balance Account in the Stormwater Fund $68,000 increase in the Infrastructure Land Improvements Account in the Stormwater Fund as referenced in the schedule attached hereto. Section 2. This resolution is effective immediately upon adoption. PASSED AND ADOPTED THIS of, ATTEST: Barbara A. Estep, MMC Village Clerk, Mayor APPROVED AS TO FORM: Richard Sarafan, Village Attorney

8 FY17 Amendment #4 Account # Description Budget Bud Amd 1 Expenditure Bud Amd 1 Revenues Revised Budget _ Infrastructure Land Improvements - 68,000 68,000 Water Retention Wall _ Appropriation from Fund Balance 42,841 68, ,841 Sub-total: Stormwater Fund (402) Total Amendments $ 42,841 68,000 68,000 $ 178,841 68,000 68,000

9 RESOLUTION NO. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #5 TO THE FISCAL YEAR OPERATING BUDGETS; APPROPRIATING $65,810 FROM THE FLEET MAINTENANCE FUND BALANCE FOR 2 FORD INTERCEPTOR POLICE UNIT SUV S AND OUTFITTING OF THESE VEHICLES. WHEREAS, the Village adopted an annual operating budget for all funds and Departments for the fiscal year which began October 1, 2016; and, WHEREAS, Florida State Statutes require such fund increases be approved by the Council in the form of a resolution; NOW, THEREFORE, BE IT RESOLVED by the Miami Shores Village Council that: Section 1. This resolution creates and approves Budget Amendment #5 to the Fiscal Year Budget, effectuating the following increases: $65,810 increase in the Appropriation from Fund Balance Account in the Fleet Maintenance Fund $12,946 increase in the Outfitting Account in the Fleet Maintenance Fund $52,864 increase in the Vehicles Account in the Fleet Maintenance Fund as referenced in the schedule attached hereto. Section 2. This resolution is effective immediately upon adoption. PASSED AND ADOPTED THIS of, ATTEST: Barbara A. Estep, MMC Village Clerk, Mayor APPROVED AS TO FORM: Richard Sarafan, Village Attorney

10 FY17 Amendment #5 Account # Description Budget Bud Amd 1 Expenditure Bud Amd 1 Revenues Revised Budget _ Outfitting - 12,946 12,946 Outfitting 2 Ford Interceptor Police Unit SUV _ Vehicles 260,813 52, ,677 2 Ford Interceptor Police Unit SUV _ Appropriation from Fund Balance 274,813 65, ,623 Sub-total: Fleet Maintenance Fund (550) Total Amendments $ 535,626 65,810 65,810 $ 667,246 65,810 65,810

11 RESOLUTION NO. A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #6 TO THE FISCAL YEAR OPERATING BUDGETS; APPROPRIATING $519,754 FROM THE GENERAL FUND BALANCE AND A $486,754 INCREASE IN THE CAPITAL PROJECTS FUND FOR THE PURCHASE OF THE HOUSE AT 9301 NE 2 ND AVENUE. WHEREAS, the Village adopted an annual operating budget for all funds and Departments for the fiscal year which began October 1, 2016; and, WHEREAS, Florida State Statutes require such fund increases be approved by the Council in the form of a resolution; NOW, THEREFORE, BE IT RESOLVED by the Miami Shores Village Council that: Section 1. This resolution creates and approves Budget Amendment #6 to the Fiscal Year Budget, effectuating the following increases: $486,754 from the General Fund Balance to the Transfer to Capital Projects Account $33,000 increase in the Legal Other Account in the General Fund $486,754 increase in the Buildings Account in the Capital Projects Fund $486,754 increase in the Transfer from General Fund in the Capital Projects Fund as referenced in the schedule attached hereto. Section 2. This resolution is effective immediately upon adoption. PASSED AND ADOPTED THIS of, ATTEST: Barbara A. Estep, MMC Village Clerk, Mayor APPROVED AS TO FORM: Richard Sarafan, Village Attorney

12 FY17 Amendment #6 Account # Description Budget Bud Amd 1 Expenditure Bud Amd 1 Revenues Revised Budget _ Legal Other 25,000 33,000 58,000 Attorney Fees for Purchase of house at 9301 NE 2nd Ave _ Transfer to Capital Projects 75, , , _ Appropriation from Fund Balance 871, ,754 1,391,356 Sub-total: General Fund 519, ,754 $ 2,011, _ Buildings - 486, , _ Transfer from General Fund 1,027, ,754 1,514,050 Purchase of house at 9301 NE 2nd Ave Sub-total: Capital Fund Total Amendments 486, ,754 1,006,508 1,006,508

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14 MIAMI SHORES DEPARTMENT OF PLANNING & ZONING NE 2 nd Avenue Miami Shores FL David A. Dacquisto AICP, Director Main Number: Fax Number: VILLAGE COUNCIL HEARING Miami Shores Village Town Hall Council Chambers NE 2 nd Avenue Miami Shores Hearing Date TBD Subject Village council request to planning board to hold a public hearing on gas station / convenience store hours of operation and provide a recommendation on hours to the council. Action Required Provide the village council with a recommendation on gas / convenience store hours of operation and hours for liquor sales at convenience stores. Staff Report David A. Dacquisto AICP, Director, Planning and Zoning Report Date May 12, 2017 Background At a public meeting November 15, 2016, the village council requested that the planning board hold a public hearing on the question of allowing gas station / convenience stores to operate 24 hours a day and to provide a report and recommendation back to the council. The planning board held a first public hearing on this matter, February 23, The planning board held a second public hearing on this matter, March 23, 2017 The planning board held a third public hearing on April 27, 2017 to consider the request. Staff developed a proposed ordinance amendment allowing 24-hour gas station / convenience store operation, for discussion purposes: New language is underlined. ARTICLE II. - LOCAL BUSINESS TAX Sec Required; hours for retail sales. (c) The retail sale of consumer goods between the hours of 1:00 a.m. and 6:00 a.m. is prohibited except that gasoline stations, gasoline sales and accessory convenience store sales only, may operate 24-hours per day in the B2 zoning district.

15 The above amendment does not increase the hours of sale for alcohol as regulated in Sec Sec Hours of sale and commercial deliveries. Liquor, wine and beer may be sold by the vendors and commercial deliveries may be made to the vendors hereinafter specified at the times fixed in this section and at no other time: Added (1) Grocery stores selling beer and wine for consumption off the premises: a. Monday through Saturday between 7:00 a.m. and 1:00 a.m.; b. On Sundays between 1:00 p.m. and 1:00 a.m. (2) Package stores selling liquor, beer and wine for consumption off the premises: a. Monday through Saturday between 7:00 a.m. and 1:00 a.m.; b. On Sundays between 12:00 p.m. (noon) and 7:00 p.m. Sec Prohibited uses. (22) The following business operations between the hours of 1:00 a.m. and 6:00 a.m.: a. The sale of food, beverages, clothing, firearms and firearm ammunition except that gasoline stations, gasoline sales and accessory convenience store sales, excluding alcoholic beverages may operate 24-hours per day in the B2 zoning district. Please note: There is proposed legislation in Tallahassee that would allow convenience stores to sell hard liquor. Analysis Presently no businesses are allowed to operate in Miami Shores past 1:00 am. The amendment would only permit gas station / convenience stores to operate 24 hours per day in the B2 district. Gas stations are only listed as a permitted use in the B2 district. Gas stations are specifically prohibited in the B1 district. 24 Hour Gas Station Operations Cover Memo Page 2 of 3

16 The board heard comments from the owner of a miami shores gas station located on Biscayne Boulevard for the amendment. The board heard from residents opposed to the amendment. The board considered the comments from the business and community and made a motion to recommend to the village council, that the code not be amended to allow 24-hour gas stations. Any need for 24-hour gas could be met by existing gas stations in the area outside miami shores. A current gas station within Miami Shores was operating based on existing hours of operation and the board found no need to change that. The board was also concerned that a 24-hour gas station may become an attractive nuisance and bring late night activity that is undesirable. Recommendation The Planning board recommends that the village council not permit 24-hour operation of gas stations and gas station convenience stores. Should the village council find that it is in the best interests of Miami Shores to permit 24-hour operation of gas stations and gas station convenience stores, the village council may consider amending the zoning code by adopting the above amendment to Sec Schedule of regulations adopted. 24 Hour Gas Station Operations Cover Memo Page 3 of 3

17 From: To: Subject: Date: Tom Benton Barbara Estep Agenda Items Monday, June 05, :34:39 AM Barb, In my meeting with Mayor Glinn on Friday he asked that the following 2 items be placed on the next Council agenda; Discussion and possible action regarding leasing out the aquatic centers snack shack to a private operator. The second is Discussion and possible action regarding leasing out the Catholic Charities building to a private contractor for the purpose of opening up a market or a pop up restaurant concept. Thanks! Tom Benton Village Manager Miami Shores Village N.E. Second Avenue Miami Shores, FL (305) Phone Ext. 2 (305) Fax BentonT@miamishoresvillage.com

18 Ysabely Rodriguez Subject: 6/20/17 Council Agenda Barbara & Ysabely I ask that the following be placed on the 6/20/17 Agenda. Thank you. 1. Request for Downtown Sewer Project Update by Village Manager 2. For Discussion and Possible Action Establish schedule for each of the Village Boards to appear before Council to give reports on recent achievements, activity and developments. Jonathan Meltz Councilman Miami Shores Village N.E. Second Avenue Miami Shores, FL Direct Phone: (305)

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