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2019-04-02 MINUTES1 MEETING MINUTES 1) CALL TO ORDER Vice Mayor Brady called the meeting to order at 6:32 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Mayor MacAdam Glinn arrived at 6:36 PM. Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz arrived at 6:34 PM. Also Present: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 3) PRESENTATIONS 3A. APRIL HOUSE OF THE MONTH CERTIFICATE OF RECOGNITION PRESENTED TO THE PLUHAR FAMILY (5 NE 105 STREET) Mayor Glinn, on behalf of the Village Council, presented the Pluhar Family with the April House of the Month Certificate of Recognition. 3B. AGE-FRIENDLY INITIATIVE PRESENTED BY AARP Ms. Victoria Funes, AARP Associate State Director, presented the Village Council with the AARP Network of Age-friendly States and Communities Certificate of Recognition for its commitment to becoming more age-friendly under the criteria established by AARP and the World Health Organization. Mr. Daniel Brady delivered a presentation on statistical data concerning Miami Shores Village’s population and answered questions posed by the Village Council. Mayor MacAdam Glinn Vice Mayor Sean Brady Councilwoman Alice Burch Councilman Jonathan Meltz Councilman Steven Zelkowitz Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk APRIL 2, 2019 6:30 PM COUNCIL CHAIMBERS 2 4) PUBLIC COMMENTS Lou Perez advocated for additional speed enforcement in the form of issuing citations to minimize potential dangers on NE 103 Street. Joseph Schweiger expressed concerns regarding the traffic light on NE 6th Ave and Biscayne Boulevard and further advocated for more enforcement at said location to minimize potential dangers. Glenn Ivie spoke about traffic light irregularities on NE 6th Ave and Biscayne Boulevard. Lucy McGuire spoke about the noise disturbance caused by the pedestrian crosswalk on NE 101 Street and NE 6th Avenue and asked the Village Council to address the matter with FDOT. Chris McGuire spoke about the noise disturbance caused by the crosswalk on NE 101 Street and asked the Village Council to address the matter with FDOT. Richard Pluhar spoke about extreme vehicular speed activity and the potential dangers faced by his family and residents. Maria Marin advocated for increased speed enforcement due to an incident where she and her two dogs were allegedly struck by a vehicle due to excessive speeding. Vanesa Flores expressed various concerns regarding neighboring activity related to dumpsters and trash placed in the alleyway adjacent to her property. Oscar Sastoque spoke about the noise disturbance caused by the trains. Manny Hadad expressed concerns regarding the frequency of trains and further inquired into the status of the Quiet Zone. 6) CONSENT AGENDA The Village Clerk read the introductory statement and the caption of each item contained on the Consent Agenda. A motion was moved by Vice Mayor Brady and seconded by Councilwoman Burch to approve the Consent Agenda as presented. The motion passed unanimously. 6A. APPROVAL OF THE MARCH 19, 2019 VILLAGE COUNCIL MEETING MINUTES Passed on Consent. 6B. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CREATING BUDGET AMENDMENT #2 TO THE FISCAL YEAR 2018-2019 OPERATING BUDGETS; TRANSFERRING $121,646 FROM THE NON-DEPARTMENTAL CONTINGENCY ACCOUNT IN THE GENERAL FUND TO VARIOUS DEPARTMENT PAYROLL ACCOUNTS, TRANSFERRING $3,387 FROM THE LOCAL OPTION GAS TAX FUND CONTINGENCY ACCOUNT TO VARIOUS PAYROLL ACCOUNTS, TRANSFERRING $2,243 FROM THE TRANSPORTATION SURTAX FUND CONTINGENCY ACCOUNT TO VARIOUS PAYROLL ACCOUNTS, TRANSFERRING $1,878 FROM THE STORMWATER FUND CONTINGENCY ACCOUNT TO VARIOUS PAYROLL ACCOUNTS, TRANSFERRING $23,947 FROM THE SANITATION FUND CONTINGENCY ACCOUNT TO VARIOUS PAYROLL ACCOUNTS AND 3 TRANSFERRING $5,370 FROM THE FLEET MAINTENANCE FUND CONTINGENCY ACCOUNT TO VARIOUS PAYROLL ACCOUNTS (STAFF: FINANCE DIRECTOR). Passed on Consent. 7) ORDINANCE(S) ON FIRST READING 7A. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA AMENDING APPENDIX A, ARTICLE V ESTABLISHMENT OF REGULATIONS, DIVISION 17, SECTION 536 DESIGN STANDARDS (7), ALLOWING THE USE OF SYNTHETIC TURF PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). Ms. Rodriguez read the caption of the ordinance into the record. Mr. Travis Kendall, Planning and Zoning Board Director, introduced the item and offered a brief summary of the proposed changes to the ordinance, which consist of allowing artificial turf in the driveway area of the front yard in addition to the entire backyard. Responding to a question raised by Councilman Meltz concerning the front yard, Mr. Kendall noted artificial turf, as stated in the proposed ordinance, would be limited to the driveway area within the front yard and not the entire front yard. Councilman Meltz noted the genesis of the proposed ordinance stems from the various phone calls he has received from residents who are unable to grow or maintain grass located in the shaded areas of their backyards. Mr. Kendall noted the maximum width area allowed between the paver designs located in the front yard is six (6) inches. Responding to Councilwoman Burch, Mr. Sarafan noted the Planning Board recommendation is to allow the use of synthetic turf in the backyard only, as the Planning Board was strongly opposed to allowing synthetic turf anywhere in the front yard. Mayor Glinn spoke in opposition to allowing the use of artificial turf in the front yard due to potential adhesion and drainage issues. Mayor Glinn opened the public hearing. Aline Wilson spoke in opposition to the appearance of artificial turf. There being no further comments offered by the public, Mayor Glinn closed the public hearing. Responding to Mayor Glinn’s concerns regarding impermeability and adhesion, Mr. Kendall mentioned asphalt is also impervious; however, glue adhesion may present a challenge to maintain. Mr. Sarafan reminded the Village Council of the maintenance standards outlined in the proposed ordinance. A motion was moved by Councilman Meltz and seconded by Councilwoman Burch to approve the ordinance on first reading as presented. 4 There being no further discussion, Mayor Glinn called for the vote, which carried a 4-1 voice vote. Mayor Glinn voted in opposition. 7B. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING ARTICLE IV. COMMERCIAL PHOTOGRAPHY AND FILMING OF THE CODE OF ORDINANCES; ESTABLISHING CRITERIA; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; REPEALING ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VILLAGE MANAGER). Ms. Rodriguez read the caption of the ordinance into the record. Councilwoman Burch provided a brief overview of the item, indicating the proposed ordinance is an improved regulation that streamlines compliance for residents and industry professionals. Mayor Glinn opened the public hearing. Glenn Ivie spoke in opposition to the frequency of live film shoots. There being no further comments offered by the public, Mayor Glinn closed the public hearing. For the record, Mr. Sarafan clarified the draft resolution, which was provided as supporting documentation to the proposed ordinance on first reading, will be presented to the Village Council for consideration during the same meeting the ordinance is presented on second reading. A motion was moved by Councilwoman Burch and seconded by Mayor Glinn to adopt the ordinance on first reading. There being no further discussion, Mayor Glinn called for the vote and the motion passed unanimously. 8) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 8A. AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA PROVIDING FOR THE LEVY AND COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR MAINTENANCE, OPERATION, CONSTRUCTION, AND REPAIR OF THE VILLAGE’S STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR THE LEVY AND COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR FISCAL YEAR 2019-2020; PROVIDING FOR THE CONTINUATION OF THE ASSESSMENTS FROM YEAR TO YEAR; PROVIDING FOR CERTIFICATION OF THE STORMWATER MAINTENANCE NON-AD VALOREM ASSESSMENT USING THE UNIFORM TAX BILL COLLECTION METHOD; PROVIDING FOR AMENDMENTS TO CHAPTER 20, ARTICLE V OF THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VILLAGE MANAGER). Ms. Rodriguez read the caption of the ordinance into the record. Kelly Westover, Stantec Consulting Services, Inc. Representative, introduced the study and turned the presentation over to her collegue Kyle Stevens, who discussed the highlights of the Stormwater rate study, specifically as it relates to the revenue requirement, impervious area update, the recommended Stormwater assessment fee, and the implementation steps. Ms. Westover clarified a credit program is underway and will be presented to the Village Council for consideration. These credits will be available to property owners who have reduced their contribution to the Stormwater system and therefore such credit will be reflected as a reduction in Stormwater costs. 5 Mr. Benton provided a brief overview of Shores Estates, which is the first area of concern as emphasized in the Vulnerability Study. He further mentioned Bayfront Park is the second area of concern due to king tides, which affects vegetation and properties neighboring the bay. The recommended stopgap measure is to raise the height of the seawall. Mr. Benton further spoke about the need for french drains in areas that are experiencing increased flooding. He further noted the Stormwater fund deficit. Mayor Glinn opened the public hearing. Glenn Ivie asked about the status of the pump on the end of 97 Street. Dale Simms spoke about his concerns regarding drainage issues in Northwest Miami Shores and equivalent revenue sharing throughout the community. Manny Hadad proposed including a provision to reduce the assessment after the debt service of the two major projects are satisfied. Joseph Schweiger spoke in opposition to the proposed rate increase. Aline Wilson spoke about drainage issues in Northwest Miami Shores and further requested a reduction to those who are not directly benefitting from the proposed improvements. Oscar Sastoque spoke in opposition to the proposed rate increase for those residents he feels are unaffected. Lou Perez spoke about residents who reside on state roads will not benefit from the proposed rate increase. Individual Council Members offered their respective comments on how the proposed rate increase to help address sea level rise and drainage issues is in the best interest of the entire community. There being no further comments offered by the public, Mayor Glinn closed the public hearing. Mr. Sarafan clarified Stormwater funds can only be used for Stormwater related expenditures. A motion was moved by Vice Mayor Brady and seconded by Mayor Glinn to adopt the ordinance on second reading. There being no further discussion, Mayor Glinn called for the vote and the motion passed unanimously. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9A. DISCUSSION REGARDING THE MIAMI SHORES ELEMENTARY SCHOOL CURRICULUM (SPONSORED BY: MAYOR MACADAM GLINN). Mayor Glinn introduced the item, clarifying his intent is not to undermine the good efforts of Dr. Swain and her staff to Miami Shores Elementary School (MSES). That being said, based on the parent survey results, he maintains Village residents desire greater academic rigor in MSES. Mayor Glinn briefly spoke about his discussion with Superintendent Carvalho concerning the implementation of a Choice Program in MSES that includes Cambridge and iPrep learning modalities. He further stated the Village’s contribution is approximately $96,000; however, the decision on how to phase the program into MSES is still undetermined. Therefore, the intent of the item is to provide direction and authorize the Village Manager to negotiate an interlocal agreement with Miami Dade County Public Schools (MDCPS) concerning programmatic investments in MSES. 6 Dana Vignale, Education Advisory Board Member, was called to speak on the mechanics of Choice Programs and answered questions posed by the Village Council. Mayor Glinn moved to direct the Village Manager to negotiate an interlocal agreement with MDCPS with respect to the programmatic investment MSES and for the item to be brought forth before the next Village Council for consideration. Vice Mayor Brady seconded the motion. There being no further discussion, Mayor Glinn called for the vote, which passed unanimously. No further action was taken on this item. 9B. UPDATE ON THE FORMER CATHOLIC CHARITIES BUILDING (SPONSORED BY: MAYOR MACADAM GLINN). Mayor Glinn provided a brief historical overview of the former Catholic Charities building and the various Village Council discussions concerning possible use. The intent of the item, as expressed by Mayor Glinn, is to provide an update on recent developments regarding the property and to discuss the matter in accordance with Sunshine Law. Mayor Glinn further disclosed the possibility exists to utilize forfeiture funds to redevelop the property to establish a new Miami Shores Police Department. Individual Council Members offered their respective views on taking the property off the tax roll. Councilman Zelkowitz recommended, should the Village Council decide to sell the property, to establish a design scheme for the desired use of the property before engaging in the competitive solicitation process and upon selecting the highest ranked bidder, subsequently, enter into a development agreement, which establishes the legal framework for the specific type of use for the property. No action was taken on this item. 10) ANNOUNCEMENTS The Village Clerk read the announcements. 11) VILLAGE COUNCIL COMMENTS Councilwoman Burch Councilwoman Burch thanked all of the Council Members for their collegial and cooperative approach to serving on the Village Council. Councilwoman Burch specifically thanked Mayor Glinn and Councilman Zelkowitz for offering their professional expertise. She further encouraged residents to attend the Candidate Forum at the Miami Theatre Center. Councilman Meltz Councilman Meltz thanked Councilman Zelkowitz and Mayor Glinn for offering their professional expertise and commitment to the Village. Councilman Zelkowitz Councilman Zelkowitz stated it was a pleasure and an honor serving as the former Vice Mayor and current Council Member. He further commended Councilwoman Burch for her dedication and service to the Village during her Mayoral/Council Member term. 7 Vice Mayor Brady Vice Mayor Brady asked whether Mayor Glinn will be present for the Swearing-in Ceremony and encouraged residents to vote on April 9, 2019. Mayor Glinn Mayor Glinn spoke about the diverse political beliefs espoused by individual Council Members; however, despite such differences, he expressed the current legislative body has strived for unanimity. He further elaborated on the progress of downtown development, including the new sewer system, farmers market, new businesses to name a few. Mayor Glinn expanded on the various achievements gained by the current Village Council and spoke about his vision and hopes for Miami Shores, such as a new park in Northwest Miami Shores and the redevelopment of the Community Center. Lastly, he stated it was a pleasure and an honor serving the Village beside current Council Members. 12) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:15 PM.