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2020-11-17 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 17, 2020 6:30 PM 9900 NE 2ND AVENUE 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: Councilman Sean Brady, Councilman Jonathan Meltz, Vice Mayor Alice Burch, Mayor Crystal Wagar Councilman Stephen Loffredo joined via virtual means. ALSO PRESENT: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 4) PRESENTATIONS 4.A PROCLAMATION IN HONOR OF CHAIRWOMAN AUDREY EDMONSON'S SERVICE TO THE COMMUNITY. Mayor Wagar, on behalf of the Village Council, presented Chairwoman Edmonson with a proclamation in honor of her service to the community. Individual Councilmembers and the Village Manager offered words of gratitude and best wishes to Chairwoman Edmonson on her last day as County Commissioner. 2 4.B PRESENTATION CONCERNING OPERATION STRIDE DELIVERED BY FDOT. Ms. Paola Baez, FDOT representative, delivered the Operation Stride presentation concerning railway safety and answered questions posed by the Village Council. 4.C MIAMI SHORES POLICE DEPARTMENT TRAFFIC ENFORCEMENT UPDATE (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). Chief Lystad delivered an update on traffic enforcement and answered questions posed by the Village Council. 4) PUBLIC COMMENTS There were no in-person public comments. The Village Clerk read the eComments into the record, which have been attached, hereto, as Exhibit A. 6) APPROVAL OF THE MINUTES 6.A APROVAL OF THE OCTOBER 20, 2020 VILLAGE COUNCIL MEETING MINUTES. The Village Clerk noted an error at the end of Council Comments (under Councilman Brady’s comments) and asked for a motion of approval as amended to attribute credit to Councilman Brady instead of Councilman Meltz. Councilman Brady moved to approve the October 20, 2020 Village Council Meeting Minutes as amended and Vice Mayor Burch seconded the motion which carried a 5-0 voice vote. 7) APPEAL HEARING(S) 7.A AN APPEAL OF A DECISION BY THE PLANNING BOARD DENYING THE VARIANCE FOR A FRONT YARD GATE FOR THE PROPERTY LOCATED AT 9650 N. BAYSHORE DRIVE(APPELLANTS: YIANNIS & VERONICA DUMAS). Mr. Dumas withdrew his request for an appeal. There was brief discussion about the Village Manager working with the appellant to issue a partial refund of the $750 planning and zoning application fee. 8) VILLAGE BOARD APPOINTMENT(S) 8.A APPOINTMENT TO THE PLANNING BOARD (1 UNEXPIRED TERM). The Village Clerk introduced the item and provided an overview of the electronic voting method by which the Village Council would cast their respective votes. Some of the board applicants were present and spoke on their behalf. The Village Council cast votes and the results were as follows: 3 ROUND 1 WAGAR BURCH BRADY LOFFREDO MELTZ Irit Andiroglu John Bolton X X X X Roger Carrillo Ryan Cooper Myrna Garcia Justus Hanna Julian Kasdin Cody McCaughan X John Bolton was appointed to the Planning Board. 8.B APPOINTMENTS TO THE RECREATION ADVISORY COMMITTEE (4 VACANCIES). The Village Clerk introduced the item. Some of the board applicants were present via virtual means and spoke on their behalf. The Village Council cast votes and the results were as follows: ROUND 1 WAGAR BURCH BRADY LOFFREDO MELTZ Dan Adsit X Sandra Carro X X X X X Ryan Cooper X X Gayle Mercado X X X X Samuel Soriero Lisa Sotir X X X X X Natasha White X X X Sandra Carro, Gayle Mercado, Lisa Sotir, and Natasha White were appointed to the Recreation Advisory Committee. 8.C APPOINTMENTS TO THE COUNTRY CLUB ADVISORY BOARD (3 VACANCIES). The Village Clerk introduced the item. Some of the board applicants were present via virtual means and spoke on their behalf. The Village Council cast votes and the results were as follows: 4 ROUND 1 WAGAR BURCH BRADY LOFFREDO MELTZ Roger Carrillo X Irene Fajardo X X X X Mark Gallo X X X X Bill Griffith X X X X X Paul Gromadzki Thomas Halloran X Irene Fajardo, Mark Gallo, and Bill Griffith were appointed to the Country Club Advisory Board. 8.D APPOINTMENT TO THE GENERAL EMPLOYEE PENSION BOARD (1 EMPLOYEE VACANCY). The Village Clerk introduced the item, indicating there is only one application for consideration: Ms. Angela Dorney. Therefore, the Village Clerk indicated if it is the pleasure of the Village Council, a vote by acclamation may be cast in lieu of casting electronic votes. Councilman Loffredo moved to appoint Angela Dorney to the General Employee Pension Board and Mayor Wagar seconded the motion, which passed unanimously. 9) RESOLUTION(S) 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, URGING THE UNITED STATES CONGRESS AND THE FLORIDA LEGISLATURE TO PROVIDE FUNDING TO ASSIST LOCAL GOVERNMENTS WITH THE ELIMINATION OF SEPTIC SYSTEMS AND CONVERSION TO SEWER SYSTEM CONNECTIONS; DIRECTING THE VILLAGE MANAGER TO INCLUDE THIS REQUEST AMONG THE MIAMI SHORES VILLAGE’S LEGISLATIVE PRIORITIES IN 2020 AND 2021; DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE NAMED OFFICIALS LISTED HEREIN;AND PROVIDING AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR ALICE BURCH). The Village Clerk read the caption of the resolution into the record. Vice Mayor Burch introduced the item and asked for the Village Council’s support. A motion was moved by Councilman Brady and seconded by Councilman Meltz to approve the resolution. The motion passed unanimously. 9.B A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #8 TO THE FISCAL YEAR 2019-2020 OPERATING BUDGETS, INCREASING REVENUES AND EFFECTUATING TRANSFERS TO REVERSE THE YEAR END BUDGETARY DEFICIT. The Village Clerk read the captions of the resolutions for Items 9B and 9C into the record. The Village Manager introduced both resolutions, noting the housekeeping nature of both items. A motion was moved by Councilman Brady and seconded by Mayor Wagar to approve Items 9B and 9C. 5 There being no discussion, the motion carried a 5-0 roll call vote. 9.C A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #1 TO THE FISCAL YEAR 2020-2021 OPERATING BUDGETS; APPROPRIATING $152,140 FROM THE GENERAL FUND BALANCE, APPROPRIATING $9,000 FROM THE LOCAL OPTION GAS TAX FUND BALANCE, APPROPRIATING $1,029,724 FROM THE CAPITAL PROJECTS FUND BALANCE, APPROPRIATING $18,750 FROM THE WATER & SEWER FUND BALANCE, AND APPROPRIATING $216,118 FROM THE FLEET MAINTENANCE FUND BALANCE. Please see comments displayed under Item 9B. 9.D A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE FIRST CHARTER SCHOOL RENEWAL CONTRACT WITH THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA FOR DOCTORS CHARTER SCHOOL (STAFF: VILLAGE MANAGER). The Village Clerk read the caption of the resolution into the record. Mr. Benton explained the School Board of Miami-Dade County is requesting the Village Council to authorize the Village Manager to sign the renewal contract in the form of a resolution. A motion was moved by Vice Mayor Burch and seconded by Councilman Brady to approve the resolution. There being no discussion, the motion passed unanimously. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A APPROVAL OF RFP 2020-09-02 RANKING AND AWARD FOR EMERGENCY DEBRIS MANANGEMENT TO DEBRIS MANAGEMENT AS THE PRIMARY CONTRACTOR WITH TETRA TECH AS AN ALTERNATE CONTRACTOR AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ALL RELATED DOCUMENTS. (STAFF: PUBLIC WORKS DIRECTOR). Mr. Benton introduced the item, thereby recommending approval of the two top ranked firms, Debris Management as primary contractor and Tetra Tech as alternate contractor. Councilman Brady moved to approve the ranking and award for the Emergency Debris Management RFP to Debris Management as the primary contractor with Tetra Tech as an alternate contractor and authorizing the Village Manager to execute all related documents. The motion was seconded by Vice Mayor Burch. There being no further discussion, the motion carried a 5-0 voice vote. 10.B DISCUSSION AND POSSIBLE ACTION TO ENACT A FERTILIZER ORDINANCE IN CONFORMITY WITH THE MIAMI-DADE COUNTY ORDINANCE REGULATING FERTILIZER APPLICATION AND USAGE (SPONSORED BY: COUNCILMAN STEPHEN LOFFREDO). Councilman Loffredo withdrew his item due to the applicability of the County’s ordinance to all municipalities in Miami-Dade County should it pass on second reading. He further expressed concern regarding the lack of specificity to golf courses in the proposed ordinance. By way of consensus, the Village Council directed the Village Manager to review the proposed ordinance and provide comments to Miami-Dade County between first and second reading. 6 11) ANNOUNCEMENTS The Village Clerk read the announcements. 12) VILLAGE COUNCIL COMMENTS Councilman Brady thanked staff for transforming the 9900 NE 2nd Avenue building as the new multi-purpose meeting room in light of social distancing requirements. He further thanked the Recreation Department for offering a variety of programs during these unusual times Councilman Meltz echoed the sentiments of Council Brady regarding the meeting room and thanked the Village Clerk for putting the extensive agenda together. Responding to Councilman Meltz’s inquiry regarding winter festivities, Ms. Dorney provided an update on alternative events. He further announced new restaurant/ businesses coming to the Downtown District. Councilman Loffredo thanked the Council and the Village Manager for the courtesy of facilitating his virtual attendance. He further spoke about his experience serving as a poll watcher during the November 2020 election. He gave thanks to all poll watchers and poll workers at the precincts. Vice Mayor Burch thanked staff for coordinating the Miami Waterkeeper virtual presentation on the 1,000 Eyes on the Water program. In response to the FAA related public comments, she spoke about how the Miami-Dade County Noise Abatement Board addresses such noise disturbances. Mayor Wagar thanked staff for coordinating the Council Meeting in the multi-purpose meeting room. 13) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:16 PM. Village Council Meeting Time: 11-17-20 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 11-17-20 18:30 28 17 11 1 2 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Village Council 11-17-20 18:30 Agenda Name Comments Support Oppose Neutral 5) PUBLIC COMMENTS 6 1 1 2 7.A) AN APPEAL OF A DECISION BY THE PLANNING BOARD DENYING THE VARIANCE FOR A FRONT YARD GATE FOR THE PROPERTY LOCATED AT 9650 N. BAYSHORE DRIVE(APPELLANTS: YIANNIS & VERONICA DUMAS). 10 9 0 0 9.A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, URGING THE UNITED STATES CONGRESS AND THE FLORIDA LEGISLATURE TO PROVIDE FUNDING TO ASSIST LOCAL GOVERNMENTS WITH THE ELIMINATION OF SEPTIC SYSTEMS AND CONVERSION TO SEWER SYSTEM CONNECTIONS; DIRECTING THE VILLAGE MANAGER TO INCLUDE THIS REQUEST AMONG THE MIAMI SHORES VILLAGE’S LEGISLATIVE PRIORITIES IN 2020 AND 2021; DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE NAMED OFFICIALS LISTED HEREIN;AND PROVIDING AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR ALICE BURCH). 1 1 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 5) PUBLIC COMMENTS Overall Sentiment Guest User Location: Submitted At: 7:34pm 11-16-20 Please do something so planes don't fly over our heads. Tranquility is one of the pillars of our neighborhood. Guest User Location: Submitted At: 7:04pm 11-16-20 The FAA really needs to pay attention to our concerns with their new plan that will increase noise and decrease property value and quality of life. Ian Hosfeld Location: Submitted At: 6:04pm 11-16-20 Airplane noise and impact on Miami Shores: The FAA, in spite of nearly 3000 comments protesting the routing of major air travel routes over the Upper East Side, are going ahead with their plans to make them permanent. The current noise level we're getting of planes going by low and often, is nothing compared to the non-stop fequency we'll see once Covid-19 is past us and air travel resumes in earnest. I'd like to know the following, what steps have the Village has taken to oppose the route changes and why we're not part of the multi-municipality Petition mentioned below? The group Sky Justice Miami has been working hard to oppose this, according to them, under the federal regulations, we now have until Dec 14th to file Petitions for Review (essentially suing the FAA) in opposition to the routes. They just had a multi-municipality zoom call with lawyers to discuss how best to approach the Petition process, with a coalition of impacted municipalities that includes; North Miami, Biscayne Park, Miami Gardens, North Bay Village, Indian Creek, Bal Harbor, Bay Harbor Islands, Golden Beach, Surfside. When asked why Miami Shores was not part of this Petition, they couldn't tell me. Guest User Location: Submitted At: 5:21pm 11-16-20 Please discuss and inform Residents of the Village’s plan to oppose the FAA flight pattern changes. Surrounding community governments have all spoken up but MS has been absent from these events and silent about the negative impact these changes will have on our town and our homes. Thank you in advance, Sandra Fittipaldi Guest User Location: Submitted At: 5:17pm 11-16-20 Kristy Johnson Please get involved in opposing the new flight patterns that will negatively impact our neighborhood. Guest User Location: Submitted At: 3:35pm 11-16-20 I wish to extend both my gratitude and congratulations to retiring Chairwoman Audrey Edmonson as she receives a Village proclamation for her generous and timeless support of our village. As an active participant with Miami Shores Community Alliance, Miami Shores Fine Arts Commission and the Greater Miami Shores Chamber of Commerce I’ve worked with Ms. Edmonson and her office over the years and she never said ‘no’. Her support for every Mayor’s Gala, many Fine Arts Events and the Chamber’s Green Day and this year’s 5K event has been most appreciated not only by me but our entire village which is enriched through these 3 organizations. A personal note of mine is the respect she awarded by appointing me to the County’s Art in Public Places Trust. As I’ve served, I earned the Vice-Chair position which has been a distinct honor. Thank you, Audrey, we’ll miss your leadership and involvement with Miami Shores. susan ackley, 1119 NE 99 St., Agenda Item: eComments for 7.A) AN APPEAL OF A DECISION BY THE PLANNING BOARD DENYING THE VARIANCE FOR A FRONT YARD GATE FOR THE PROPERTY LOCATED AT 9650 N. BAYSHORE DRIVE(APPELLANTS: YIANNIS & VERONICA DUMAS). Overall Sentiment Joseph Bassett Location: Submitted At: 3:42pm 11-17-20 This seems like an unnecessary hardship as the house sits on a cul de sac and the entrance is really only visible to the owner because of its unique location. Also, the entrance is located across from a “dead space” in a public park with low “policing visibility”. Guest User Location: Submitted At: 3:31pm 11-17-20 I support the variance to leave the gate and hedge at the height it currently has. Not only it protects the owners privacy from the constant foot and car traffic on the bay, which happens at ALL hours and involves all sorts of activities, but also protects the lawn from the salt water and constant sea spray. This height has been the same since they purchased the home over 10 years ago, and keeping it so does not disrupt the public use or enjoyment of the park in any way. I believe leaving it as is, is the appropriate course of action given that the property is in a location that differs from any other in the shores by being on a Cul de sac in a park that does not really ever close. Changing it will not enhance the public’s experience at all but will severely affect the owners experience (both in privacy and cost) Guest User Location: Submitted At: 3:19pm 11-17-20 I urge you to do the right thing and not force the owners of this property to lower the gate which has been the height that it is for over 10 years since prior to the owners purchasing the property. Moreover, the property is in a location that differs from any other in the Shores by being on a Cul de sac in a park that does not really ever close. Forcing the owners to lower the height of the gate is punitive for no good reason. Guest User Location: Submitted At: 3:15pm 11-17-20 We support the owners of this house in keeping their fence to the current height of 5’. The ordinance of 3’8 should have exceptions and this is clearly one where the area is highly trafficked and owners need privacy and ultimately safety from public access to their home. Guest User Location: Submitted At: 3:13pm 11-17-20 Their gate is beautiful, fits extremely well with the neighborhood architecture and design patterns. It is very elegant and allows anyone walking the street to admire the house without infringing into the home owners’ privacy. I walk on that street weekly with my wife and kids. I just don’t understand why the city would force them to change something that has been in place for years. We fully support their motion and are actually negatively surprised by the abuse of power from this council. Your responsibility is to make our village better, improve efficiency of our expenses (do more with less), reduce taxes where possible and make the lives of our citizens better. You should not prosecute home owners or make it difficult for them to improve their homes and our entire neighborhood. Guest User Location: Submitted At: 3:10pm 11-17-20 Support Eli Bravo Location: Submitted At: 2:57pm 11-17-20 Keeping the gate as it is will preserve the Dumas's family privacy. I have enjoyed their front yard for years, as well as our beloved Bayfront Park. Their current gate helps keep a private and amenable space while not affecting the Village's aesthetics. Their current entrance is in harmony with their front facade, and the general Miami Shores look. The Dumas family has been for years strong supporters of the Village family life. I can attest to their commitment to creating a better neighborhood for all Miami Shores residents and our guests. Their gate is a way to create an internal environment, as well as to protect their landscape from sea spray. I fully support their appeal, and encourage the Planning Board to take their allegations into consideration. Eli Bravo 1234 NE 94 St. Miami Shores, FL 33138 Guest User Location: Submitted At: 2:37pm 11-17-20 I support the home owner. The property would have zero privacy... That location is unique and therefore the experiences are not the same as the other homes along the bay. There are all types of activities along the corner facing the bay directly across from the house. Just have a seat on the porch. Guest User Location: Submitted At: 1:59pm 11-17-20 The Howard’s at 428 NE 91st Street. David Halabu Location: Submitted At: 1:52pm 11-17-20 I support the appeal, no the denial of the variance Agenda Item: eComments for 9.A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, URGING THE UNITED STATES CONGRESS AND THE FLORIDA LEGISLATURE TO PROVIDE FUNDING TO ASSIST LOCAL GOVERNMENTS WITH THE ELIMINATION OF SEPTIC SYSTEMS AND CONVERSION TO SEWER SYSTEM CONNECTIONS; DIRECTING THE VILLAGE MANAGER TO INCLUDE THIS REQUEST AMONG THE MIAMI SHORES VILLAGE’S LEGISLATIVE PRIORITIES IN 2020 AND 2021; DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE NAMED OFFICIALS LISTED HEREIN;AND PROVIDING AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR ALICE BURCH). Overall Sentiment Guest User Location: Submitted At: 1:28pm 11-13-20 Aaron Stauber 10155 Collins Avenue, Unit 1810 Bal Harbour, FL 33154 astauber@rugbyrealty.com 201-274-4773 November 17, 2020 RE: Village of Miami Shores Meeting November 17, 2020. Agenda Item 9.A Honorable Council Members and Mayor, I am writing to you in support of Agenda Item 9.A, specifically, the proposed resolution to urge funding for the elimination of septic systems in Miami Shores and connection to sewer. The proposed resolution is exceptional in delineating the serious issues associated with septic tanks in South Florida. The resolution recognizes the long known environmental impacts from septic tanks as well as the hardships and health concerns they impose on the Village’s residents. Having septic tanks also threatens the value of homes and commercial properties in the community. Local real estate brokers are advising buyers to shy away from properties that are on septic because of all of the problems associated with them. As sea levels increase the ground water increases serving to compound the problems. At the same time, climate change is increasing the major rainfall events in our area resulting in flooded septic drainage fields. These problems will only worsen and property values will continue to plummet unless these property owners have an opportunity to abandon their septic tanks and connect to the sewer system. Unfortunately, responsible residents who would like to abandon their septic and convert to sewer are unable to do so because they require a sewer line to connect to. It literally will “take a Village” to solve for this. For this same reason, cooperatiing with other neighboring municipalities in this effort is also critical – and just makes sense. Section 5 of the Resolution, directing the Village Clerk to do so, is a big step to making this happen. Providing residents with the capability to have a properly functioning sanitary system for their home or business is a fundamental need. Septic systems fail to satisfy this need. Please pass this resolution. But even more, the Village should not delay in making its OWN investment in this infrastructure. Thank you!