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2021-11-02 MINUTES1 MEETING MINUTES NOVEMBER 2, 2021 6:30 PM 9900 NE 2ND AVENUE 1)CALL TO ORDER Mayor Harris called the meeting to order at 6:36 PM. 2)MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3)ROLL CALL PRESENT: Councilmember Alice Burch Councilmember Crystal Wagar Vice Mayor Daniel Marinberg Mayor Sandra Harris Councilmember Katia Saint Fleur was absent ALSO PRESENT: Village Attorney Sarafan Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4)PRESENTATIONS 4.A CERTIFICATE OF SPECIAL RECOGNITION PRESENTED TO TOMMY CYNTHIA COLON- COHEN IN HONOR OF BECOMING AN ADOPTIVE FAMILY (SPONSORED BY: MAYOR SANDRA HARRIS). Ms. Shamele Jenkins, Representative of the Miami-Dade County Foster & Adoptive Parent Association Inc., provided a brief overview of the history of adoption and introduced the recipient of the Certificate of Special Recognition. Mayor Sandra Harris, on behalf of the Village Council, presented Ms. Colon-Cohen with a Certificate of Special Recognition in honor of becoming an adoptive family. Ms. Colon-Cohen offered brief remarks regarding her journey as an adoptive family. 2 4.B INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS (IEMO) CERTIFICATE OF COMPLETION PRESENTED TO MAYOR SANDRA HARRIS AND VICE MAYOR DANIEL MARINBERG. Village Clerk Rodriguez, on behalf of the Florida League of Cities, presented Mayor Sandra Harris and Vice Mayor Marinberg with certificates of completion in recognition of their attendance at the IEMO I conference. 5) PUBLIC COMMENTS Village Clerk Rodriguez read eComments into the record which have been attached hereto as Exhibit A. Mr. Robert Menge spoke about the construction on NE 108 Street near Biscayne Boulevard. Mr. Menge further spoke about alleged deficiencies with the messaging system and email accounts associated with the Village Council. 6) APPROVAL OF THE MINUTES 6.A APPROVAL OF THE OCTOBER 19, 2021 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Village Clerk Rodriguez noted a scriveners error associated with Item 7A of such minutes, specifying “Ad Hoc Charter Advisory Committee” should be reflected in lieu of the “Recreation Advisory Committee.” Councilmember Burch moved to approve the October 19, 2021 Village Council Meeting Minutes as amended and Councilmember Wagar seconded the motion which carried a 4-0 voice vote. 7) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP WITHIN THE VILLAGE COMPREHENSIVE PLAN, CONSISTENT WITH 163.3161, 163.3184 AND 163.3187, FLORIDA STATUTES; REDESIGNATING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY FROM PARKING TO COMMERCIAL; PROVIDING FOR CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened the public hearing; as no one present shared comments regarding the ordinance, Mayor Harris closed the public hearing. Mr. Travis Kendall, Planning & Zoning Director, introduced the item and further mentioned the application has not changed. Mr. Sarafan clarified the intent of the item which is to change the future land use designation for certain property from parking to commercial use. Mr. Sarafan further elaborated on the effect of said changes to Comprehensive Plan. Mr. Sarafan noted changes to the proposed ordinance, indicating the tem “required” to reflect “offered” in Section 4 as the Village cannot require a restrictive covenant. 3 Vice Mayor Marinberg moved to adopt the ordinance as amended and Councilmember Burch seconded the motion which carried a 4-0 voice vote. 7.B AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING THE OFFICIAL ZONING MAP TO REFLECT A DISTRICT BOUNDARY CHANGE; REZONING CERTAIN PROPERTY, BEARING FOLIO NUMBER 11-3206-013-4030, CONSISTING OF .37 ACRES (+/-) FROM PARKING (P) TO BUSINESS DISTRICT (B-1); PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRCTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened the public hearing; as no one present shared comments regarding the ordinance, Mayor Harris closed the public hearing. Responding to questions raised by the Village Council, Mr. Sarafan mentioned it’s appropriate for the Village Council to consider the purpose of any rezoning application as they are expected to consider the best interest of the Village as part of their respective analysis. Vice Mayor Marinberg asked for staff attach all documents, including the approved site plan, referenced in the proposed restrictive covenant to such document. Vice Mayor Marinberg further requested for staff to add language reflecting "any building at the site shall be maintained within 30 feet of the property.” Vice Mayor Marinberg moved to adopt the ordinance and Councilmember Burch seconded the motion which carried a 4-0 voice vote. 8) VILLAGE BOARD APPOINTMENTS 8.A APPOINTMENTS TO THE COUNTRY CLUB ADVISORY BOARD (4 VACANCIES). Village Clerk Rodriguez introduced the item, indicating the electronic method by which the Village Council will cast their votes. Board applicants introduced themselves and answered questions posed by the Village Council. The Village Council proceeded to cast electronic ballots. Upon the conclusion of the first round of voting, Village Clerk Rodriguez read the following results into the record: Thomas Septembre, Pedro Rajo, and Scott Maroon were appointed to the Country Club Advisory Board. In the absence of a fourth applicant receiving majority vote, the Village Council engaged in a second round of voting. Upon the conclusion of the second round of voting, Village Clerk Rodriguez read the following results into the record: Robin Burnette was appointed to the Country Club Advisory Board. A copy of the report produced by the voting system has been attached hereto as Exhibit B. 8.B APPOINTMENT TO THE GENERAL EMPLOYEE PENSION BOARD (1 EMPLOYEE TRUSTEE VACANCY). 4 Village Clerk Rodriguez introduced the item, indicating the details of the vacancy process and the sole applicant for consideration which is incumbent James McCoy. Councilmember Wagar moved to appoint Mr. James McCoy to the General Employee Pension Board for an additional two years and Councilmember Burch seconded the motion, which carried a 4-0 voice vote. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION REGARDING PLANNING BOARD RECOMMENDATIONS CONCERNING VILLAGE CODE OF ORDINANCES AND NON- CONFORMING DRIVEWAYS (STAFF: PLANNING AND ZONING DIRECTOR). Mr. Kendall read the recommendations of the Planning Board and staff into the record, thereby indicating no changes to the existing code of ordinances as its purpose is to gradually eliminate, through attrition, the number and extent of nonconformities. Mayor Harris opened public comments. Mr. Brian Crawford spoke about the numerous times he has publicly addressed this item and mentioned there was not a vote taken at the last Planning Board Meeting. Ms. Kate Mason spoke about her legal non-conforming driveway and further thanked Mayor Harris for sponsoring the Certificate of Special Recognition concerning National Adoption Month. Responding to Councilmember Wagar’s question regarding undue hardship, Mr. Kendall provided additional information regarding the specific code section which speaks to the criteria for undue hardship. Vice Mayor Marinberg advocated for a sensible approach that allows residents to beautify their property. Councilmember Burch spoke about the importance of setback enforcement in this community. Responding to Councilmember Burch, Vice Mayor Marinberg clarified he's not seeking to relax all setbacks. Councilmember Wagar advocated for a more comprehensive staff memorandum concerning the item. Vice Mayor Marinberg moved to amend the existing code section to provide for the replacement of material on non-conforming driveways only and the motion was seconded by Councilmember Wagar. Such motion did not pass, receiving a 2-2 voice vote. Councilmember Burch and Mayor Harris voted in opposition. Given that all code amendments require two readings, Mr. Sarafan recommended for the Village Council to direct staff to draft an ordinance based on Vice Mayor Marinberg’s request and for it to be brought forth for future Council consideration. There was consensus amongst the Village Council to direct staff to draft an ordinance amendment that provides for the replacement of materials on non-conforming driveways (no expansion or increasing non-conformity) and for such draft ordinance to be presented to the Village Council at the next Village Council Meeting; additionally, by way of consensus, the Village Council directed staff to provide the number of variance applications and the number of variances that have been approved within the last 5 five (5) years as well as a more comprehensive staff memorandum for further consideration of the Village Council. 9.B DISCUSSION AND POSSIBLE ACTION REGARDING REDUCTION OF STREETFRONT MEDICAL USES IN THE DOWNTOWN CORRIDOR (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Vice Mayor Marinberg clarified the purpose of the item is to consider the Village’s zoning code with respect to the placement of pedestrian-friendly active businesses on the ground level of the Downtown corridor in order to promote more vibrancy. Mr. Kendall spoke about the various ways the Village can restrict non-pedestrian friendly businesses on the first floor, such as amending the zoning code to prohibit medical/office space uses on the first floor, sunsetting certain permitted uses, adding a distance separation requirement, or amending the zoning code to establish a percentage of allowable use. Councilmember Burch referenced the incentive program stipulated in the Architectural Design Manual for the Downtown District. Mr. Scott indicated the Downtown District will be discussed during the strategic planning session. There was consensus for the commercial composition data of the Downtown District to be presented to the Village Council, for staff to engage the Greater Miami Shores Chamber of Commerce, and to continue discussions during the strategic planning sessions regarding commercial uses. No further action was taken. 9.C DISCUSSION AND POSSIBLE ACTION REGARDING UNIFORM VILLAGE-WIDE SIDEWALK PLAN (SPONSORED BY: VICE MAYOR DANIEL MARINBERG). Vice Mayor Marinberg spoke about the inconsistencies of sidewalks throughout the Village, advocating for sidewalk improvements. Councilmember Burch spoke about various funding opportunities to help address sidewalk improvements. Mr. Scott asked the Village Council to allow him to get back to them on the associated costs and funding alternatives. Councilmember Wagar spoke about the importance of including the Northwest section of the Village. There was no further discussion or action taken. 9.D APPROVAL OF THE REQUEST FOR QUALIFICATIONS 2021-09-01, TENNIS PROFESSIONAL RANKING AND AUTHORIZATION FOR THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE AGREEMENT (STAFF: RECREATION DIRECTOR). The Village Manager withdrew this item. 10) MANAGER'S REPORT 6 Mr. Scott provided an update on various operational matters and answered questions posed by the Village Council. 11)ANNOUNCEMENTS The Village Clerk read the announcements into the record. 12)VILLAGE COUNCIL COMMENTS Councilmember Burch- Councilmember Burch thanked Interim Chief Golt and staff for organizing the Community Bike Ride. Vice Mayor Marinberg- Vice Mayor Marinberg expressed concern regarding the absence of a crosswalk on North Miami Avenue and further spoke about the need for an FAA update on the Metroplex Project. Councilmember Wagar- Councilmember Wagar thanked MSPD for organizing the Community Bike Ride. Councilmember Wagar also spoke about the Doctors Charter School Book Club and asked for donations of books (to be delivered to Ms. Abeer Jadhallah). Mayor Harris- Mayor Harris thanked all of the board applicants for taking the time to apply. 13)ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:51 PM. Village Council Meeting Time: 11-02-21 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 11-02-21 18:30 24 3 0 3 0 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 EXHIBIT A Village Council 11-02-21 18:30 Agenda Name Comments Support Oppose Neutral 5) PUBLIC COMMENTS 1 0 1 0 9.D) APPROVAL OF THE REQUEST FOR QUALIFICATIONS 2021-09- 01, TENNIS PROFESSIONAL RANKING AND AUTHORIZATION FOR THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE AGREEMENT (STAFF: RECREATION DIRECTOR). 2 0 2 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: 3:11pm 11-02-21 My comment is regarding the Tennis Pro RFQ. Why is the Village not requiring the Tennis Pro to pay Miami Shores for the use of the tennis courts and pro shop? The RFQ and memorandum from the Manager state that the Village is allowing the tennis pro to take all the gross revenues and provide no rental costs to the Village. All other municipal tennis courts in South Florida require the tennis pro to pay for the use of the courts and provide a cut of revenues. This is an extremely odd arrangement and the Council should put this solicitation on hold until it is investigated further. There is absolutely no reason to structure a tennis pro contract in this manner, and I am shocked that this is even being considered. From resident Betty Martinez Agenda Item: eComments for 9.D) APPROVAL OF THE REQUEST FOR QUALIFICATIONS 2021-09-01, TENNIS PROFESSIONAL RANKING AND AUTHORIZATION FOR THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE ALL RELATED DOCUMENTS TO EFFECTUATE THE AGREEMENT (STAFF: RECREATION DIRECTOR). Overall Sentiment Guest User Location: Submitted At: 3:29pm 11-02-21 The RFQ does not contemplate any revenue sharing arrangements and allows the tennis pro to keep all gross revenues. This is not the norm for tennis pro contracts. This solicitation is not in the best interest of Miami Shores and should be redone to include a rental fee to the Village and revenue sharing. Sincerely, Gerry Washington Guest User Location: Submitted At: 2:52pm 11-02-21 I oppose the award on the basis that there was only 1 respondent. It is in the best interest of the Village and its residents to readvertise the solicitation at least one more time before awarding a contract based on 1 respondent. It is also best industry practice to readvertise a solicitation when less than 3 respondents apply to provide a service. There is no rush to make an award in this instance. The questions I would ask would be: where was the RFQ advertised and for how long? How many respondents picked up the RFQ package? Was any direct contact made to tennis professionals or tennis clubs in South Florida? Thank you. Maria Cintron, resident COUNTRY CLUB ADVISORY BOARD APPOINTMENTS - ROUND 1 Ballot Voter ROBIN BURNETTE SCOTT MAROON JAMES OBENOUR, JR. PEDRO RAJO TOM SEPTEMBRE 1 MARINBERG 1 1 1 1 2 WAGAR 1 1 1 1 3 HARRIS 1 1 1 1 4 BURCH 1 1 1 1 EXHIBIT B COUNTRY CLUB ADVISORY BOARD APPOINTMENTS- ROUND 2 Ballot Voter ROBIN BURNETTE JAMES OBENOUR, JR. 1 BURCH 1 2 HARRIS 1 3 WAGAR 1 4 MARINBERG 1