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2020-02-04 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 FEBRUARY 4, 2020 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Wagar called the meeting to order at 6:32 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: (5) Sean Brady, Councilman Stephen Loffredo, Councilman Jonathan Meltz, Councilman Alice Burch, Vice Mayor Crystal Wagar, Mayor ALSO PRESENT: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 4) PRESENTATIONS 4.A FEBRUARY HOUSE OF THE MONTH CERTIFICATE OF RECOGNITION PRESENTED TO THE MUÑOZ- SIERRA FAMILY (9546 NW 1 AVENUE) Although the Muñoz-Sierra family was not present, Mayor Wagar congratulated the homeowners on behalf of the Village Council, and asked staff to deliver the certificate to the family. 4.B RESILIENCY AND ADAPTATION PRESENTATION BY KIMLEY-HORN (SPONSORED BY: MAYOR CRYSTAL WAGAR). Kassandra Bot, ICF representative, and Dereck Lewis with Kimley-Horn delivered a presentation and answered questions posed by the Village Council regarding ways to improve 2 resilience and alternative funding to offset the cost of such projects mentioned during the presentation. 4) PUBLIC COMMENTS Robert Menge spoke about stormwater issues in relation to the City of Miami Beach, which affect the Shores Estates community. Terry Hines spoke in support of Ms. Nunez’s character and Item 7A. Sandy Kelp spoke in support of Item 7A. 6) APPROVAL OF THE MINUTES 6.A JANUARY 21, 2020 VILLAGE COUNCIL MEETING MINUTES Councilman Brady moved to approve the January 21, 2020 Meeting Minutes and Councilman Loffredo seconded the motion which passed unanimously. 7) APPEAL HEARING 7.A AN APPEAL OF A DECISION BY THE VILLAGE MANAGER DENYING THE SHORT-TERM VACATION RENTAL APPLICATION FOR THE PROPERTY LOCATED AT 775 NE 97 STREET (APPELLANT: ALINA NUÑEZ). Village Attorney Sarafan outlined the procedures for the appeal and provided an overview of the response letter submitted to the appellant concerning the denial of the short-term vacation rental (STR) application, citing non-compliance with the fire inspection provision of the Village Code of Ordinances, Article XIII, Section 12-267(10). Ms. Nuñez outlined her reasons for the appeal, alleging - (1) biased application of the STR provision of the Village Code in relation to the current enforcement of Section 12-267(10): approved inspection report of the fire marshal verifying compliance with the fire marshal's criteria for such use; and - (2) inconsistency with the STR application not detailing the requirement of an approved fire inspection report at the time of her submittal, as indicated in the Village Code. According to Ms. Nuñez, the fire inspection failed due to the height of her windows in her bedroom. Ms. Nuñez further requested the reversal of the Village Manager’s denial of the application; however, should the majority of the Village Council choose to deny the appeal, she asked for the reimbursement of the application fee(s). Mr. Sarafan explained the Village Code of Ordinances requires that all STR applicants obtain an approved fire inspection report. While administrative errors may have occurred with respect to the enforcement of such provision, Mr. Sarafan clarified Village staff is enforcing the law and should continue to enforce it moving forward. The cure for an imperfectly run program, according to Mr. Sarafan, is to improve the system and not to approve a non-compliant application. Thus, he further reiterated the matter before the Council for consideration, which is whether the decision to deny the STR application was in error and consequently requires reversal. Individual Council Members offered their respective position and posed questions to the Village Attorney and Ms. Nuñez concerning the item. While he voiced opposition to the appeal, Councilman Meltz proposed amending the STR application and refunding some of the application fee based on the application’s lack of clarity. 3 Responding to Ms. Nuñez’s request for a refund of the application fee(s), Vice Mayor Burch noted the STR application openly states the fee is non-refundable should the application be denied. With respect to the reimbursement of the application fee(s), Mr. Sarafan proposed the Village Council defer such action to the Village Manager and vote on the appeal. Councilman Meltz moved to deny the appeal and Vice Mayor Burch seconded the motion which carried a 5-0 voice vote. 8) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO REGULATION OF SINGLE-USE PLASTIC BOTTLED WATER, PROVIDING DEFINITIONS; PROVIDING FOR THE PROHIBITION OF SINGLE-USE PLASTIC BOTTLED WATER IN ANY VILLAGE FACILITY OR ON VILLAGE PROPERTY AND EXCEPTIONS; ESTABLISHING PENALTIES FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT; ESTABLISHING RIGHTS OF VIOLATORS, PAYMENT OF FINES, RIGHT TO AN APPEAL, FAILURE TO PAY CIVIL FINE OR APPEAL; PROVIDING FOR RECOVERY OF UNPAID FINES, ESTABLISHING UNPAID FINES TO CONSTITUTE A LIEN, PROVIDING FOR FORECLOSURE, PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING THAT ENFORCEMENT IS CUMULTIVE; PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). Ms. Rodriguez read the caption of the ordinance into the record. Councilman Meltz provided a brief overview of the item. Mayor Wagar opened the public hearing; as the public offered no comments, Mayor Wagar closed the public hearing. Councilman Loffredo moved to adopt the ordinance and Councilman Brady seconded the motion which carried a 5-0 voice vote. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION & POSSIBLE ACTION REGARDING THE ENDORSEMENT OF THE RESILIENT 305 MAYOR'S ACCORD (BY: VICE MAYOR ALICE BURCH). Vice Mayor Burch introduced the item, thereby providing background information regarding the framework and requesting the Council’s consideration of the endorsement of the Resilient305 Mayor’s Accord. By way of consensus, the Village Council endorsed the Resilient305 Mayor’s Accord. No further action was taken on this item. 9.B DISCUSSION AND POSSIBLE ACTION REGARDING FIND GRANT. (BY: VILLAGE MANAGER). 4 Mr. Benton offered a brief overview of the Florida Inland Navigation District (FIND) grant, which entails the Village provide access to Biscayne Bay to promote more activity for the public at large. He reported the Miami-Dade County FIND grant representative suggested the Village construct a ramp or a floating dock to improve its chances of receiving grant funding to elevate the seawall. Should the Village Council express interest in such endeavor, Mr. Benton emphasized access to Biscayne Bay via Bayfront Park cannot be restricted to Village residents only. Therefore, Mr. Benton asked for Council consensus with respect to authorizing the grant writer and staff to pursue this initiative. Responding to Councilman Loffredo’s inquiry, Mr. Sarafan clarified the Village would work with a Title Lawyer to modify the restrictive covenant if need be. Responding to Mayor Wagar’s inquiry, Mr. Benton indicated, in the event of a storm surge, there may be outflow of water from the bay via ramp access. Nonetheless, Mr. Benton assured the prevention of such occurrence will need to be addressed in the design phase of the project. By way of consensus, the Village Council authorized the Village Manager to pursue the construction of a ramp at Bayfront Park and to proceed with the FIND grant application process. No further action was taken on this item. 10) ANNOUNCEMENTS The Village Clerk read the announcements. 11) VILLAGE COUNCIL COMMENTS Councilman Brady Mr. Brady invited everyone to attend Unity Day and thanked the public for attending the meeting in support of the various resiliency items. Councilman Loffredo Mr. Loffredo spoke about short-term vacation rental properties in relation to human trafficking crimes. He further urged residents to lock their cars as his vehicle was broken into on more than one occasion. Councilman Meltz Mr. Meltz encouraged residents to attend Unity Day and asked Mr. Benton to provide an update on glass recycling, to which Mr. Benton reported that glass is no longer going to the landfill. Vice Mayor Burch Ms. Burch expressed excitement about the progress of the meeting and spoke about multi-modal mobility initiatives happening in California, and she further spoke about the grant funding for tree canopy in the Village. Mayor Wagar Ms. Wagar encouraged residents to attend Unity Day and thanked the Village Manager for leveraging grant dollars to offset the cost of various initiatives proposed by the Village Council. She further noted significant police presence on NE 103 Street and thanked the police officers for their diligence. Lastly, Ms. Wagar and Ms. Burch thanked the Village Clerk for achieving a paperless agenda process. 5 12) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:20 PM.