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2019-11-05 MINUTES1 Mayor Crystal Wagar Vice Mayor Alice Burch Vice Mayor Sean Brady Councilman Stephen Loffredo Councilman Jonathan Meltz Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk MEETING MINUTES NOVEMBER 5, 2019 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Wagar called the meeting to order at 6:31 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Stephen Loffredo, Councilman Jonathan Meltz, Councilman Alice Burch, Vice Mayor Crystal Wagar, Mayor Sean Brady, Councilman, joined the meeting via teleconference due to an extenuating circumstance. ALSO PRESENT: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 4) PRESENTATIONS 4.A PROCLAMATION PRESENTED TO MIAMI COUNTRY DAY SCHOOL STUDENTS IN RECOGNITION OF THEIR 20 YEAR-COMMITMENT TO RAISING CANCER AWARENESS & FUNDS VIA THE WALK THE WALK EVENT. Mayor Wagar, on behalf of the Village Council, presented Miami Country Day School students with a proclamation, recognizing their notable efforts in raising cancer awareness and funds. 2 4.B NOVEMBER HOUSE OF THE MONTH CERTIFICATE OF RECOGNITION PRESENTED TO BETTY MATZ & FAMILY (10090 NE 12th AVENUE). Mayor Wagar, on behalf of the Village Council, presented the Matz family with a Certificate of Recognition. 4.C PRESENTATION ON SPEED ENFORCEMENT BY CHIEF LYSTAD (SPONSORED BY: COUNCILMAN JONATHAN MELTZ) Councilman Meltz introduced the item, stating due to recent resident concerns regarding speed enforcement, he asked the Village Manager for the presentation to apprise concerned residents. Chief Kevin Lystad delivered a presentation and answered questions posed by the Village Council. 5) PUBLIC COMMENTS Robert Menge spoke in favor of Item 8A and raised concerns regarding short-term vacation rentals. Susan Ackley requested the Village Council extend the sculpture garden display at Optimist Park for two additional years. Mary Lou Maguire spoke in favor of Item 8A and raised concerns regarding short-term vacation rentals. Philippe Alluard voiced concerns about short-term vacation rentals, but spoke in favor of upholding the practice with additional regulations. He further spoke in favor of residential parking permits on NE 105 Street and other neighboring zones. 6) APPROVAL OF THE MINUTES 6.A APPROVAL OF THE OCTOBER 15, 2019 VILLAGE COUNCIL MEETING MINUTES Vice Mayor Burch moved to approve the October 15, 2019 Minutes and Councilman Loffredo seconded the motion, which passed unanimously. 7) VILLAGE BOARD APPOINTMENTS 7.A APPOINTMENTS TO THE CODE ENFORCEMENT BOARD- 2 VACANCIES The Village Clerk introduced the item. Sekou Caldwell, Gladys Coia, Cristina Helms, and Alejandro Menendez were present and spoke on their behalf. Individual Council Members cast paper ballots with the following results: 3 Gladys Coia and Robert Vickers were appointed to the Code Enforcement Board. 7.B APPOINTMENT TO THE GENERAL EMPLOYEE PENSION BOARD- EMPLOYEE REPRESENTATIVE (1 VACANCY) The Village Clerk introduced the item, stating the Village Clerk’s Office posted the vacancy ad in communal areas of Village Hall, Human Resources Office, the Public Works Compound, and the Community Center. Mr. James McCoy, incumbent, is the only employee who applied to serve on the board. Therefore, the Council may opt to cast paper ballots or appoint by acclamation. The Village Council appointed James McCoy, by acclamation, to the General Employee Pension Board. 8) RESOLUTION(S) 8.A DISCUSSION AND POSSIBLE ACTION TO ESTABLISH A RESIDENTIAL PARKING ZONE ON NORTHEAST 105 STREET FROM NORTHEAST 10th COURT TO NORTHEAST 11th COURT (SPONSORED BY: COUNCILMAN STEPHEN LOFFREDO). The Village Clerk read the caption of the item into the record. Councilman Loffredo read his memo to the Village Manager into the record. Mayor Wagar opened the public hearing. Robert Menge spoke in favor of the item and raised concerns regarding enforcement issues due to State preemption. Janice Goodman spoke in favor of the item and raised concerns regarding the number of short-term vacation rentals. Mary Lou Maguire spoke about the number of concerned neighbors who signed the petition. Harold Alvarez spoke about the neighboring streets who may be affected in the future. There being no further comments from the public, Mayor Wagar closed public hearing. Mr. Sarafan spoke about the limitations for local governments to regulate short-term vacation rentals due to State preemption. ROUND 1 MELTZ BURCH WAGAR BRADY LOFFREDO SEKOU CALDWELL  GLADYS COIA      ANGEL DIAZ CRISTINA HELMS ALEJANDRO MENENDEZ  ROBERT VICKERS    4 Mr. Benton spoke about the Code Compliance Department's persistent presence at the aforementioned residential zone, including the weekends. Vice Mayor Burch moved to approve the Resolution and Councilman Loffredo seconded the motion. There being no further discussion, Mayor Wagar called for the vote, which was unanimous in favor of the motion. 9) ORDINANCE(S) ON FIRST READING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING, APPENDIX “A”, AMENDING ARTICLE V, DIVISION 4, “AREA REGULATIONS”, SECTION 516, “STRUCTURES CONSTITUTING ACCESSORY BUILDINGS”; PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Ms. Rodriguez read the caption of the Ordinance into the record. Mr. Kendall provided an overview of the item, explaining the Village Code’s ambiguity with respect to mechanical equipment in the side yard and the challenges that have arisen regarding such matter. Mr. Kendall pointed out a minor typographical error in his staff report and recommended amending the proposed ordinance to reflect: (1) Page 1, Lines 28-32 “Air conditioning units, and mechanical equipment (including pool pumps and generators). Ground mounted air conditioning units, and mechanical equipment (including pool pumps), in the R and PRO districts shall be setback a minimum of ten feet from the side plot line, five feet from the rear plot line, and shall not be located in the first twenty-five feet of the property front of the residence.” (2) Page 1, Lines 32-36 “… Air conditioning units, and mechanical equipment (including pool pumps and generators), are not permitted in the front yard first twenty-five feet within any land use district. The Planning and Zoning Board shall approve any proposals which would place mechanical equipment in the front yard past the twenty-five-foot front setback.” Responding to Vice Mayor Burch’s suggestion, Mr. Kendall agreed to include language that specifies “generator” as an example of a mechanical equipment in the proposed ordinance for second reading. Councilman Meltz proposed including tankless water heaters. Mr. Attorney clarified the Planning Board raised concerns regarding safety issues in addition to sound. 5 Councilman Loffredo moved to approve the Ordinance on First Reading as amended and Vice Mayor Burch seconded the motion. There being no further discussion, Mayor Wagar called for the vote, which passed unanimously. 9.B AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, ADOPTING THE 2020 CAPITAL IMPROVEMENTS PROJECT SCHEDULE ANNUAL UPDATE TO THE MIAMI SHORES VILLAGE 2025 COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Ms. Rodriguez read the caption of the Ordinance into the record. Mr. Kendall introduced the item and answered questions posed by the Village Council. Vice Mayor Burch, for the record, noted there is no line item for Stormwater allocation in the 2021 listing. Vice Mayor Burch moved to approve the Ordinance on First Reading and Councilman Loffredo seconded the motion. There being no further discussion, Mayor Wagar called for the vote, which passed unanimously. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A DISCUSSION & POSSIBLE ACTION REGARDING THE EXTENSION OF THE SCULPTURE GARDEN DISPLAY AT OPTIMIST PARK (SPONSORED BY: VICE MAYOR ALICE BURCH). Vice Mayor Burch introduced the item and asked the Village Council to consider a two-year extension of the sculpture garden display. Councilman Meltz proposed a one-year extension instead of two years to allow the property to be available for other possibilities. Responding to Councilman Meltz, Vice Mayor Burch indicated should any possibilities arise, the two- year extension is amendable at any time. Vice Mayor Burch moved to extend the sculpture garden for two years and Councilman Loffredo seconded the motion, which carried a 3-2 voice vote. Councilman Meltz and Mayor Wagar voted in opposition. No further action was taken. 6 10.B DISCUSSION AND POSSIBLE ACTION REGARDING GREEN DAY DISCOUNT (SPONSORED BY: VILLAGE MANAGER). Mr. Benton introduced the item, thereby requesting Village Council approval on the Green Day discount extension of $4,500 to the Greater Miami Shores Chamber of Commerce for Village in-kind services. Vice Mayor Burch moved to approve the Greater Miami Shores Chamber of Commerce discount request of $4,500 for Village for in-kind services that support the Green Day event. The motion was seconded by Councilman Loffredo, which passed unanimously. No further action was taken. 10.C DISCUSSION AND POSSIBLE ACTION REGARDING RATIFICATION OF THE FEDERATION OF PUBLIC EMPLOYEES COLLECTIVE BARGAINING AGREEMENT EFFECTIVE OCTOBER 1, 2019 (SPONSORED BY: VILLAGE MANAGER). Mr. Benton introduced the item, indicating the only change in the agreement was the wage provision consisting of a 3% Cost of Living Adjustment (COLA) retroactive to October 1, 2019 in fiscal year 2020 in addition to the 3% COLA in fiscal year 2021, and a wage reopener effective fiscal year 2022. The rest of the agreement terms remain the same. Councilman Loffredo moved to ratify the FPE Collective Bargaining Agreement effective October 1, 2019 and Vice Mayor Burch seconded the motion, which passed unanimously. No further action was taken. 11) ANNOUNCEMENTS The Village Clerk read the announcements. 12) VILLAGE COUNCIL COMMENTS Councilman Loffredo Councilman Loffredo commended Councilman Meltz on his leadership regarding the speed enforcement matter and he further thanked Village staff, the Greater Miami Shores Chamber of Commerce, vendors, and civic organizations for contributing to the success of the Green Day event. Councilman Meltz Councilman Meltz, as a point of correction, noted the Farmers Market ends at 2PM. He further spoke about establishing a Sustainability Board in the future and asked residents who are interested to request the discussion matter be placed on a future agenda. Councilman Brady Councilman Brady commended the quality of the livestream audio, video, and supporting documentation links hosted by the Village’s new legislative management solution, Granicus. Vice Mayor Burch Vice Mayor Burch thanked the Police Department, Public Works, and the Recreation Department for contributing to the success of the event. She 7 further spoke about the Community Bazaar registration for the first Sunday of the Month where residents are welcomed to setup a table at the Farmers Market and sell their antiques. Mayor Wagar Mayor Wagar spoke about the success of Green Day and thanked Village staff for their hard work and support. 13) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:03 PM.