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2021-09-13 MINUTES1 MEETING MINUTES SEPTEMBER 13, 2021 6:30 PM 9900 NE 2nd Avenue 1) CALL TO ORDER Mayor Harris called the meeting to order at 7:05 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: (5) Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Vice Mayor Daniel Marinberg Mayor Sandra Harris ALSO PRESENT: Village Attorney Richard Sarafan Village Clerk Ysabely Rodriguez Interim Village Manager Esmond Scott 4) PRESENTATIONS 4.A PROCLAMATION DECLARING SEPTEMBER AS CHILDHOOD CANCER AWARENESS MONTH. Mayor Harris, on behalf of the Village Council, presented a proclamation, declaring September as Childhood Cancer Awareness Month, to Ms. Sylvia Vanni (Co-founder/Executive Director of Mystic Force Foundation). 2 4.B PRESENTATION OF GFOA DISTINGUISHED BUDGET PRESENTATION AWARD FOR FY2020-2021. Ms. Holly Hugdahl, Finance Director, provided a brief overview regarding the GFOA distinguished budget award and thanked Sarah Simpson, Controller, for her hard work and assistance. 4) PUBLIC COMMENTS The Village Clerk read eComments into the record which have been attached hereto as Exhibit A. Mr. Robert Menge spoke about the need for stormwater/drainage improvements in Miami Shores. Mr. Al Crespo spoke about the importance of obtaining body cameras for MSPD as soon as possible. Ms. Susan Ackley spoke about the artist Roberto Cavalieri who must reclaim his sculptures from Village facilities. Mr. Lou Perez spoke about reckless driving on NE 2nd Avenue. Mr. Chris McGuire expressed concerns regarding the incident that occurred on 8/31/2021 and further proposed the hosting a public forum to discuss this incident with the Chief. Mr. Tim Duerkop spoke about the seawall at Bayfront Park, vehicular speeding, flooding issues on NE 94 Street, and the leafblower item. Ms. Kathryn Mason thanked staff for rescheduling the Recreation Advisory Committee meeting that was scheduled on Rosh Hashanah. Ms. Mason also spoke about including the tot lot matter in the strategic plan. Ms. Nancy Cigno spoke in favor of appointing Mr. Scott as the official Village Manager. Mr. Patrick Sullivan spoke in favor of body cams and spoke in opposition to the leafblower item due to increased costs. 5) APPROVAL OF THE MINUTES 6.A APPROVAL OF THE JULY 13, 2021 BUDGET WORKSHOP MINUTES (STAFF: VILLAGE CLERK). A motion was moved by Councilmember Burch to approve the July 13, 2021 Budget Workshop Minutes and Vice Mayor Marinberg seconded the motion, which passed unanimously. 3 6.B APPROVAL OF THE JULY 20, 2021 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). A motion was moved by Vice Mayor Marinberg to approve the July 20, 2021 Village Council Meeting Minutes and Councilmember Burch seconded the motion, which passed unanimously. 7) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 15 OF THE CODE OF ORDINANCES TO ADD ARTICLE III, THE “MIAMI SHORES VILLAGE HUMAN RIGHTS ORDINANCE;” PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened the public hearing and subsequently closed it, as no one present offered comments regarding the ordinance. Vice Mayor Marinberg introduced the item, noting additional changes to the ordinance which provide further clarification to the definitions outlined in the ordinance. Vice Mayor Marinberg moved to defer the ordinance to the September 23, 2021 Village Council Meeting to allow the Village Attorney to review additional changes. Councilmember Wagar seconded the motion which carried a 5-0 voice vote. 8) RESOLUTION(S) 8.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, EXTENDING A TEMPORARY MORATORIUM ON ENFORCEMENT OF SECTION 541 OF THE MIAMI SHORES VILLAGE CODE OF ORDINANCES DUE TO COVID-19, SETTING AN EFFECTIVE DATE, AND SETTING A SUNSET DATE (SPONSORED BY: MAYOR SANDRA HARRIS). Village Clerk Rodriguez read the caption of the resolution into the record. Mayor Sandra Harris asked for the Village Council to consider extending the temporary moratorium and to consider directing the Village Attorney and Interim Village Manager to review Section 541 of the Village Code of Ordinances to make it more conducive to the Post COVID-19 environment. Mr. Sarafan clarified that the latter request will have to appear before the Planning Board for review should the Village Council choose to amend it as the applicable section of the Village Code is located in Appendix A (Zoning Code). Discussion ensued regarding the possibility of widening the sidewalks, adding a landscape barrier between the business owners and residents, and engaging the business owners regarding the latter part of Mayor Harris’ request. Mayor Harris moved to approve the resolution and to direct the Village Attorney and Interim Village Manager to review Section 541 to make it more conducive to the post COVID-19 environment and for such findings to be brought forth for Village Council consideration. 4 Mayor Harris accepted Vice Mayor Marinberg’s friendly amendment to the proposed resolution, which would require applicants to be in compliance with existing setbacks in Section 541. Councilmember Saint Fleur seconded the amended motion which carried 5-0 voice vote. 8.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE AND THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT REGARDING PAYMENT AND ACCEPTANCE OF AMERICAN RESCUE PLAN ACT CORONAVIRUS LOCAL FISCAL RECOVERY FUND (STAFF: INTERIM VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the resolution into the record. Mr. Scott provided a brief overview of the item. Councilmember Wagar moved to approve the resolution and Vice Mayor Marinberg seconded the motion which carried a 5-0 voice vote. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPLEMENTATION OF THE POLICE BODY WORN CAMERA PROGRAM FOR THE MIAMI SHORES POLICE DEPARTMENT (SPONSORED BY: MAYOR SANDRA HARRIS). Mayor Harris withdrew Item 9A, but opened public comments in light of the residents who would like to offer comments. Mr. Jesse Valinski spoke in favor of body-worn cameras but expressed hesitancy due to privacy concerns related to the maintenance of such record types. Mayor Harris closed public comments. 9.B DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPLEMENTATION OF AN ENVIRONMENTALLY FRIENDLY LEAFBLOWER PLAN FOR MIAMI SHORES (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch provided a brief overview of the item, there by asking the Village Council to consider a comprehensive standalone noise ordinance, getting the community involved to help transition neighbors by a date certain should the Village Council support a gas-powered leafblower ban, and establishing specific times when such devices may be used. Mayor Harris opened public comments. Mr. Doug Barnes spoke in support of the item as he feels it disproportionally affects the environment and the quality of life of residents. Mr. Al Crespo spoke about the importance of staff preparation for the items that are presented to the Village Council. Mr. Jesse Valinski spoke in opposition to the item. 5 Mr. Lou Perez spoke about regulating the time such device is allowed to reduce noise. Mr. Dennis Leyva raised concerns with respect to the research that was conducted and further spoke in opposition to the item. Mayor Harris closed public comments. Discussion ensued regarding the regulation of time such device may be used, the implementation of an incentive program, fiscal impact to residents, and possible hardship on staff with respect to the enforcement of a leafblower ban. No further discussion or action was taken on this item. 9.C DISCUSSION AND POSSIBLE ACTION ON PLANNING A VILLAGE BIKE RIDE FOR STATEWIDE MOBILITY WEEK (10-29 THROUGH 11-5-2021) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch provided an overview of the item, advocating for a Miami Shores Mayor and Council Community Bike Ride. Vice Mayor Marinberg moved to direct the Village Manager to work with MSPD to coordinate a Community Bike Ride. Councilmember Wagar seconded the motion which carried a 5-0 voice vote. No further discussion or action was taken on this item. 9.D DISCUSSION AND POSSIBLE ACTION ON INTERIM MANAGER FOR PERMANENT POSITION (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Vice Mayor Marinberg provided a brief overview of the discussions concerning the Village Manager position and further spoke about the attributes and achievements Mr. Scott has exemplified during the last three (3) months. Vice Mayor Marinberg further expressed interest in moving forward with the appointment of Mr. Scott as the official Village Manager. Mayor Harris opened public comments. Mr. Lou Perez spoke in favor of moving forward with Mr. Scott's appointment as Village Manager due to his accessibility and transparency. Mr. Dennis Leyva spoke in favor of Mr. Scott’s attendance at various events. Mayor Harris closed public comments. Individual Councilmembers spoke about Mr. Scott's tenure as Interim Village Manager during the last three (3) months. Councilmember Wagar moved to appoint Mr. Esmond K. Scott as Village Manager and Councilmember Saint Fleur seconded the motion, which carried a 5-0 voice vote. Mr. Scott thanked the Village Council and offered comments regarding his appointment. No further discussion or action was taken on this item. 6 9.E RATIFICATION OF FRATERNAL ORDER OF POLICE (FOP) COLLECTIVE BARGAINING AGREEMENT (STAFF: INTERIM VILLAGE MANAGER). Mr. Scott briefly introduced the item. Vice Mayor Marinberg moved to ratify the FOP collective bargaining agreement and the motion was seconded by Councilmember Burch which carried a 5-0 voice vote. 10) MANAGER'S REPORT Mr. Scott provided an update on various operational matters. 11) ANNOUNCEMENTS The Village Clerk read the announcements into the record. 12) VILLAGE COUNCIL COMMENTS Councilmember Wagar- Councilmember Wagar asked for a report on why MSPD does not have an internal affairs person and why they’re not utilizing their motorcycle officers. She further thanked Village staff for attending the meeting. Mayor Harris- Mayor Harris asked about the status of the Bank of America property. Vice Mayor Marinberg mentioned it was sold to another establishment. Mayor Harris spoke about the need for monthly community policing meetings. Councilmember Saint Fleur- Responding to Mayor Harris, Councilmember Saint Fleur spoke about referring a professional who helps police departments facilitate community policing meetings to the Village Manager. Vice Mayor Marinberg- Vice Mayor Marinberg spoke about sidewalk café seating. He spoke about the importance of revitalizing the downtown district, specifically with respect to the uniformity of signs and planters. Vice Mayor Marinberg further spoke about other municipalities that restrict medical offices at the ground level of commercial districts. Councilmember Burch – Councilmember Burch thanked staff for attending the meeting and further thanked the Finance Department for the detailed information contained within the budget. 13) ADJOURNMENT There being no further business before the Village Council Meeting, the meeting adjourned at 9:2 0 PM. Village Council Meeting Time: 09-13-21 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 09-13-21 18:30 25 17 12 2 1 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 09-13-21 18:30 Agenda Name Comments Support Oppose Neutral 5) PUBLIC COMMENTS 1 1 0 0 9.A) DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPLEMENTATION OF THE POLICE BODY WORN CAMERA PROGRAM FOR THE MIAMI SHORES POLICE DEPARTMENT (SPONSORED BY: MAYOR SANDRA HARRIS). 2 2 0 0 9.B) DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPLEMENTATION OF AN ENVIRONMENTALLY FRIENDLY LEAFBLOWER PLAN FOR MIAMI SHORES (SPONSORED BY: COUNCILMEMBER ALICE BURCH). 9 7 2 0 9.C) DISCUSSION AND POSSIBLE ACTION ON PLANNING A VILLAGE BIKE RIDE FOR STATEWIDE MOBILITY WEEK (10-29 THROUGH 11-5- 2021) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). 2 2 0 0 9.D) DISCUSSION AND POSSIBLE ACTION ON INTERIM MANAGER FOR PERMANENT POSITION (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). 3 0 0 1 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 John Ise Location: Submitted At: 10:55am 09-10-21 I'd like for the Village to consider a COVID vaccine mandate for all Village employees akin to Miami-Dade County and other municipalities. Agenda Item: eComments for 9.A) DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPLEMENTATION OF THE POLICE BODY WORN CAMERA PROGRAM FOR THE MIAMI SHORES POLICE DEPARTMENT (SPONSORED BY: MAYOR SANDRA HARRIS). Overall Sentiment John Ise Location: Submitted At: 1:23pm 09-09-21 Fully support Jonathan Jerome Location: Submitted At: 2:14pm 09-08-21 I fully support the implementation of body cams for the police. Not just to provide a level of oversight and accountability for the police, but in many cases, accountability for the general public. These days, people are so quick to blame the police. Cameras will provide the “third side” to the story and be an impartial way for everyone to understand the facts. Police will not have to worry that they cannot effectively do their jobs out of fear of how it will be manipulated or perceived in the media. Cameras will show that the vast and overwhelming majority of police act in the best interest of keeping the public safe and their actions are in line with their responsibilities not some abuse of power or preconceived or premeditated action. Agenda Item: eComments for 9.B) DISCUSSION AND POSSIBLE ACTION REGARDING THE IMPLEMENTATION OF AN ENVIRONMENTALLY FRIENDLY LEAFBLOWER PLAN FOR MIAMI SHORES (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Overall Sentiment Mary Benton Location: Submitted At: 2:42pm 09-13-21 My name is Mary Benton. I live at 10108 NE 1st Ave. Climate change is happening. We can no longer pretend it is something for the future. As individuals and as a community, we must start making serious changes in how we move through this changing world, in our actions that can worsen climate change or help alleviate the worst effects. One way to begin is to address the pollution emitted by our gas-powered lawn equipment. I am old enough to remember when gas-powered leaf blowers didn't exist, and somehow we managed to survive. We need to start addressing the issue of our lawns and how keeping them manicured is adding to global warming and to the horrible wildfires, droughts, floods, hurricanes (in Newfoundland!), and to the destruction of insect and plant species that might make the difference between life-saving cures and terrible diseases. We have to step off the path of "business as usual" and start taking climate change seriously in all we think about and in our daily actions. Please vote for the environment. The owners of lawn companies will have to go through a period of adjustment, but our actions will help farmers in Honduras whose crops no longer can grow due to drought, native peoples in Alaska and other places whose generational-old hunting, fishing and foraging abilities are being greatly reduced, to poor people around the planet who cannot afford air conditioning in an increasingly hot planet. What we do matters. Let's do the right thing. Elizabeth Cowen Location: Submitted At: 1:25pm 09-13-21 Dear Councilpersons, I am very environmentally aware and pollinator friendly. My front and back yards are planted as havens for butterflies and bees. I usually support the groups of Residents within the Shores to promote and protect our environment. However, banning the use of Gas Leaf blowers is unjustified targeting of one piece of equipment. Gas powered lawn mowers make as much if not more noise than leaf blowers and for a longer sustained period of time. “A typical gas-powered mower operates at about 95-100dB (decibels).” Some gas leaf blowers have low decibel ratings and are perfectly acceptable . “A quietest gas-powered blower is the Echo Leaf Blower, which generates only 65 decibels.” “ According to Dangerous Decibels, a public/private partnership that aims to reduce hearing loss, typical speech is about 60 decibels, a washing machine is 75, and a chain saw is 115.” Originally the ban for all 2 stroke gas apparatus and when the description encompassed so many objections and caveats because this equipment is necessary to maintain our heavily landscaped properties, suddenly the gas leaf blowers are targeted because that was the endgame all along. If environmentally friendly and noise reduction is the crux of the discussion, you must ban gas powered lawn mowers too. The gentleman who takes care of my property is a single dad raising twins daughters by himself and working 7 days a week. It would be unconscionable to tell him he has to go and buy a new leaf blower that was electric. As a resident noted, it would ONLY be $900 to replace his equipment. That’s a lot of money and to say otherwise is very objectionable. At the very minimum, if this ban goes forward, all current leaf blowers should be registered and grandfathered in. When those leaf blowers die and cannot be fixed so a new one is required then replacements can be required to be electric. Please include enforcement and registration procedures with the language of the ban and steps to be taken with registration of new models. There are so many important environmental and climate issues to address at this time. Why does this feel like a witch hunt on behalf of a small group of residents? Respectfully submitted Elizabeth COWEN Julie Brady Location: Submitted At: 12:34pm 09-11-21 We support the implementation of an environmentally friendly leafblower plan for Miami Shores. Our area of Miami Shores is inundated with the noise and air pollution from large landscapping companies that line our streets daily. We have lived in Miami Shores for over 40 years and have witnessed the growth and over use of gas blowers in our community. Not only are they extremely noisy but they blow the dirt and pollen up that falls on our cars and houses/windows/ac unit and roofs! Environmentally they are a menace so I am urging your Council to do the right thing by implementing an evironmentally freindly leafblower plan for our Village. Thank you for your consideration. Julie and Dan Brady 1080 NE 95th Street Guest User Location: Submitted At: 1:43pm 09-10-21 I am very much in favor of limiting the use of gas powered leaf blowers in the Village. They are very loud and very polluting in a number of ways and there are alternatives available. Yvonne Moyer Location: Submitted At: 11:38am 09-10-21 I fully support environmentally friendly leaf blowers for many reasons; not only is the sound deafening, but the dirt, dust, mold and pesticides that swirl into the air are harmful to children and adults with allergies and asthma. Raking and sweeping are alternatives. John Ise Location: Submitted At: 1:24pm 09-09-21 Support with phase in period. Guest User Location: Submitted At: 11:23am 09-09-21 I believe environmentally leaf blowers should be mandated for Miami Shores Village. I work from home and the level and consistency of noise of the leaf blowers is so damaging- to both my ears and the environment. We need to do better as a village to make a positive difference for residents and the environment. We only get one planet. When we know better we need to do better- we know better. Guest User Location: Submitted At: 10:51am 09-09-21 Mayor and Council members, We support the movement toward battery powered leaf blowers and other lawn equipment. The noise that this equipment creates in our neighborhoods is deafening (literally) and their effect on the environment has been well documented. Please, let's do something positive here toward a more resilient and healthy Miami Shores. Thank you, Carol & Allan Respondek 1162 NE 105 Street Jonathan Jerome Location: Submitted At: 2:22pm 09-08-21 I oppose as written. I am all in favor of the reduction of sound and doing what is better for the environment. However, I do not think that it should be my responsibility to force my gardener into purchasing new equipment. My gardener likely has 3-5 leaf blowers on his truck. To obtain the same level of power and efficiency that allows them to complete multiple jobs in a day, they need high end electric blowers that can be in excess of $200. Plus, they’ll need to purchase extra batteries and chargers to ensure they have enough power to get them through the day. I have no right or authority to ask him to spend that kind of money when he makes $80 every two weeks from me. And I have no intention on finding a new company as I have a low price locked in and he does a great job. So - I am in favor of noise restrictions (date and time restrictions). But I am not in favor of forcing them to spend money to purchase new equipment especially at my behest with no subsidy from the village. They should be able to apply to the village for a subsidy to pay for the new equipment. Otherwise it is discriminating against those companies by preventing them from continuing to conduct their business. Agenda Item: eComments for 9.C) DISCUSSION AND POSSIBLE ACTION ON PLANNING A VILLAGE BIKE RIDE FOR STATEWIDE MOBILITY WEEK (10-29 THROUGH 11-5-2021) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Overall Sentiment John Ise Location: Submitted At: 1:24pm 09-09-21 Enthusiastically support and would love to see expanded to a monthly or bi-monthly community bike ride akin to City of North Miami's. Guest User Location: Submitted At: 5:41pm 09-08-21 I fully support this and regular community bike rides in the Village. Agenda Item: eComments for 9.D) DISCUSSION AND POSSIBLE ACTION ON INTERIM MANAGER FOR PERMANENT POSITION (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Overall Sentiment Douglas Barnes Location: Submitted At: 12:49pm 09-13-21 I have heard great things about Esmond Scott's work as interim manager and hope he gets full consideration for the permanent position. Mary Benton Location: Submitted At: 3:56pm 09-12-21 My name is Mary Benton. I live at 10108 NE 1st Ave in Miami Shores. While I have not had the pleasure of meeting Mr. Esmond Scott in person, I have heard very positive things about him from a variety of different and trusted sources, all of which make me feel he would be an excellent manager for the Village of Miami Shores, and I urge the council to give him serious consideration. Thank you. John Ise Location: Submitted At: 1:27pm 09-09-21 Neutral on but bears noting that during selection of interim manager, that current manager insisted he was not interested in pursuing position of permanent manager, that may have given him a decided advantage over those candidates who stated they were interested in becoming the permanent manager.