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2018-03-20 Minutes1 MEETING MINUTES TUESDAY, MARCH 20, 2018 6:30 PM COUNCIL CHAMBERS 1. CALL TO ORDER Mayor Glinn called the meeting to order at 6:30 PM. 2. MOMENT OF SILENCE/ PLEDGE OF ALLEGIANCE 3. ROLL CALL (5) Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Also Present: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 4. PUBLIC COMMENTS (3 Minutes Time Limit Per Speaker) Ms. Mary Benton spoke in favor of incorporating a Parks and Open Spaces Master Plan within the Village’s Comprehensive Plan. She further advocated for the development of butterfly gardens in various Village parks. Mr. Michael Garrett spoke in favor of demolishing the property located at 9301 NE 2nd Avenue and further advocated for the land to be used as green space. Mr. Victor Bruce suggested for Village Administration to initiate a design competition for architectural services concerning the 9301 NE 2nd Avenue property. Mr. Lou Perez spoke in favor of Mr. Bruce’s suggestion and further recommended inviting Barry University or Doctors Charter School students to design the park for the 9301 NE 2nd Avenue property. He also advocated for additional speed enforcement on 103rd Street. Ms. Giselle Kovac spoke in favor of the regulation of firearms and ammunition to help prevent future tragedies. Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Miami Shores Village 2 5. PRESENTATIONS A. RECREATION ADVISORY BOARD ANNUAL REPORT Manny Hadad, Chairman of the Recreation Advisory Board, presented the board’s annual report and answered questions by the Village Council. Responding to Chairman Hadad’s inquiry, individual Councilmembers shared their views concerning the prospect of reconsidering the construction of a new Community Center when there is greater interest from the community. No action was taken on this item. 6. APPROVAL OF THE MINUTES A. APPROVAL OF THE MARCH 6, 2018 VILLAGE COUNCIL MEETING MINUTES Councilman Zelkowitz moved to approve the March 6, 2018 Village Council Meeting Minutes. The motion was seconded by Councilwoman Burch, and the vote passed unanimously. 7. ORDINANCE ON FIRST READING- PUBLIC HEARING A. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING SECTION 501, BANNING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE MUNICIPAL BOUNDARIES OF MIAMI SHORES VILLAGE; PROVIDING FOR ORDINANCES IN CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). The Village Clerk read the title of the Ordinance into the record. Planning and Zoning Director Travis Kendall provided a brief overview of the item and answered questions posed by the Village Council. Mayor Glinn opened the public hearing. Mr. Ronnie Guillen spoke in opposition to the item and recommended introducing conditional uses instead of the ban. Mr. Michael Garrett spoke in opposition to the item and further spoke about the public comments protocol. Mr. Douglas Barnes spoke in opposition to the item. Ms. Giselle Kovac spoke in opposition to the item. Seeing no further members of the public wishing to speak on the item, Mayor Glinn closed the public hearing. Mr. Sarafan clarified the intent of the ordinance is to ban medical marijuana dispensing facilities in the Village, which does not regulate the use of medical marijuana. 3 There was a consensus amongst the Village Council, as per Mr. Sarafan’s recommendation, to amend the ordinance on page 2, line 5, to delete the “repeal and replace with” language and to add new language to stipulate “amended to create a new Section 501(29)” as set forth in Exhibit A. A motion was moved by Councilwoman Burch and seconded by Mayor Glinn to approve the Ordinance on First Reading as presented. There being no further discussion, Mayor Glinn called for the vote, which passed unanimously. 8. DISCUSSION & POSSIBLE ACTION ITEMS- A. DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPERTY LOCATED AT 9301 NE 2ND AVENUE (SPONSORED BY: MAYOR MACADAM GLINN). Mayor Glinn made opening remarks regarding the item, thereby disclosing demolition costs enclosed in the agenda backup. Councilman Zelkowitz, for the record, reiterated his opposition to purchasing the aforesaid property for added park space. Mayor Glinn moved to direct staff to initiate a competitive solicitation to demolish the property and utilize the land to increase Optimist Park space. The motion was seconded by Vice Mayor Brady. Councilwoman Burch spoke about the increased use of Village parks and the renewed emphasis, on behalf of residents, for health and fitness associated with park space. There being no further discussion, Mayor Glinn called for the vote, which carried a 4-1 voice vote. Councilman Zelkowitz voted in opposition. No further action was taken on the item. B. DISCUSSION AND POSSIBLE ACTION REGARDING THE CITY OF WESTON'S LAWSUIT CONCERNING THE PREEMPTION PENALTIES RELATED TO THE STATE OF FLORIDA'S REGULATION OF FIREARMS AND AMMUNITION (SPONSORED BY: MAYOR MACADAM GLINN). Mayor Glinn provided a brief overview of the item. As per Mayor Glinn’s request, Mr. Sarafan spoke about the merits of the lawsuit, costs associated with participation, and the manner of engagement, which includes some of the following options: (1) the Village joining Weston and other cities as additional plaintiffs whereby associated costs would be split between all participating cities, (2) the Village could seek to intervene after the lawsuit is filed and use the Village Attorney’s legal services, or (3) the Village could file its on lawsuit. Responding to Councilman Meltz’s inquiry, Mr. Sarafan provided information regarding the prospect of filing an amicus brief. Individual Councilmembers offered their perspective on the manners of participation. By way of consensus, the Village Council authorized the Village Attorney to prepare a resolution supporting intervention in the City of Weston lawsuit, and further directed him to provide a potential budget and scope of 4 work for his legal services. Staff was directed to place a public hearing item on the next agenda to gauge the pulse of the community on the item. No further action was taken on the item. C. SEWER SYSTEM PROJECT UPDATE BY THE VILLAGE MANAGER. Mr. Benton reported three buildings are currently hooked up to the sewer system and nine allocation letters have been approved by Miami-Dade County’s Department of Environmental Resources Management. No discussion or action was taken on this item. 9. ANNOUNCEMENTS The Village Clerk read the announcements into the record. 10. VILLAGE COUNCIL COMMENTS Councilwoman Burch- invited the public to attend the Farmers Market on Sundays and thanked Mayor Glinn for bringing forth Item 8A once more. Councilman Meltz- spoke about public participation and the importance of speed enforcement in the Village. Councilman Zelkowitz- No Comments. Vice Mayor Brady- encouraged residents to provide their feedback in regards to Item 8A and spoke about the Solar Panel Co-op program organized by Solar United Neighbors. Mayor Glinn- spoke about Sonia de los Santos’ performance at the Theatre Center, the Concert at the Park event, resident Wes Pearce’s video of Miami Shores, and further encouraged residents to share their input with the Village Council. 11. ADJOURNMENT There being no further business before the Village Council, the meeting was adjourned at 7:40 PM.