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2022-04-05 Minutes1 MEETING MINUTES APRIL 5, 2022 6:30 PM 9900 BUILDING 1) CALL TO ORDER Mayor Harris called the meeting to order at 6:34 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Vice Mayor Daniel Marinberg Mayor Sandra Harris ALSO PRESENT: Interim Village Attorney Omar Bradford Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) PRESENTATIONS 4.A LIBRARY DEPARTMENT PRESENTATION (BY: MICHELLE BROWN, LIBRARY DIRECTOR). Ms. Michelle Brown, Library Department Director, delivered a presentation concerning operational matters and the expansion project involving Brockway Memorial Library and answered questions posed by the Village Council. Individual Councilmembers thanked Ms. Brown, her staff, and the Library Board of Trustees for their dedication. 2 5) PUBLIC COMMENTS Izhak Musli raised concerns regarding a short-term vacation rental property near his home and asked for enforcement of the Village Code. Adriana Diaz expressed concerns regarding a short-term vacation rental property that is posing safety concerns for surrounding neighbors. Paula Duke spoke in opposition to an illegal short-term vacation rental near her home and asked for enforcement of the Village Code. Clark Reynolds raised concerns regarding the increased number of raccoons surrounding his neighborhood due to the amount of garbage at the neighboring property. Alina & Daniel Bargostavan spoke in opposition to a neighboring short-term vacation rental property that is posing parking and property damage concerns. John Ise spoke about the neighboring short-term vacation rental property that has become a party house. Mr. Ise suggested the Village consider providing information to residents regarding ways to contact the short-term vacation rental property manager in the event of disturbances. Dennis Leyva spoke about the noise emanating from the neighboring short-term vacation rental property. Mr. Leyva suggested increased communication between the Code Compliance and Police departments with respect to the enforcement of illegal short-term vacation rental properties. Carole Respondek thanked Councilmember Burch for bringing forth Item 8A for Village Council consideration and spoke in favor of the reopening of the gate. Janet Goodman spoke in support of Item 8A and the petitions that were gathered in support of such initiative to promote more walkability to the dog park and the Aquatic Center. Robert Menge spoke in support of reopening of the gate. Arturo Salow spoke in support of Item 8A. Steve Zawadzkas spoke in support of Item 8A due to the convenience said initiative offers neighboring residents. The Village Clerk read eComments into the record, which have been attached hereto as Exhibit A. Vice Mayor Marinberg recognized the widespread concerns regarding short-term vacation rentals and spoke about working with the new village attorney on mitigation strategies. 6) CONSENT AGENDA Councilmember Burch moved to approve the Consent Agenda as presented and Vice Mayor Marinberg seconded the motion, which carried a unanimous vote. 6.A APPROVAL OF THE MARCH 8, 2022 VILLAGE COUNCIL SPECIAL MEETING MINUTES (STAFF: VILLAGE CLERK). 3 PASSED ON CONSENT. 6.B APPROVAL OF THE MARCH 15, 2022 VILLAGE COUNCIL MEETING MINUTES. PASSED ON CONSENT. 7) RESOLUTION(S) 7.A A RESOLUTION OF THE MAYOR AND COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE ADDITION OF A 457 DEFERRED COMPENSATION PROVIDER AND APPROVAL OF PLAN DOCUMENT FOR MIAMI SHORES VILLAGE; PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the resolution into the record. Village Manager Scott provided an overview of the item, indicating there’s no cost implication to the Village with respect to the addition of a 457 deferred compensation provider. Vice Mayor Marinberg moved to approve the resolution and Councilmember Burch seconded the motion which carried a unanimous vote. 7.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE MIAMI SHORES VILLAGE TITLE VI/NON-DISCRIMINATION POLICY AND PLAN FOR SUB-RECIPIENTS IN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) LOCAL AGENCY PROGRAM (LAP) IN ACCORDANCE WITH THE CIVIL RIGHTS ACT OF 1964; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the resolution into the record. Village Manager Scott provided an overview of the item, indicating its housekeeping nature as a result of the LAP and TAP grant requirements. Councilmember Burch moved to approve the resolution and Councilmember Saint Fleur seconded the motion which carried a 5-0 voice vote. 8) DISCUSSION & POSSIBLE ACTION ITEMS 8.A DISCUSSION AND POSSIBLE ACTION ON APPROVING THE REOPENING OF THE SHORES ESTATES PEDESTRIAN GATE (NE 105 STREET BETWEEN NE 11 COURT AND BISCAYNE BLVD) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch provided a brief overview of the item, recalling the initial intent of the gate closure. Councilmember Burch referenced the petitions that were signed in support of reopening the gate and she further asked for Village Council support of said item. Discussion ensued regarding the public comments that were expressed by Shores Estates residents regarding public safety concerns during the latest FLUM/Rezoning hearings (10500 Biscayne Boulevard). There was further discussion regarding postponing such item until there is more certainty surrounding the future land use designation and prospective development of the parcel, as these factors may influence the viewpoint of neighboring residents. 4 Councilmember Saint Fleur clarified the original survey letter circulated to residents in 2017 indicated the permanent closure of the gate. Councilmember Burch moved to direct the Village Manager to reopen the Shores Estates pedestrian gate and Councilmember Wagar seconded the motion, which carried a 3-2 voice vote. Mayor Harris and Vice Mayor Marinberg voted in opposition. Vice Mayor Marinberg introduced an emergency item concerning the possible removal of a boardmember from the Planning Board due to alleged comments made at the Monday, April 4, 2022 Informational Session concerning the inconsistencies contained within the Comprehensive Plan. Responding to Councilmember Burch’s inquiry regarding whether the informational session was recorded, Village Clerk Rodriguez responded in the negative; however, Village Clerk Rodriguez indicted meeting minutes were transcribed. Interim Village Attorney Bradford, Village Clerk Rodriguez, and Assistant Village Manager Wilson were asked to convey the context of the boardmember’s comments given their presence at such meeting. Mr. Bradford confirmed that a majority vote is required to declare a boardmember’s seat vacant. He further advised the Village Council to exercise caution with respect to removing said boardmember based on some of the reasons shared at the meeting. Vice Mayor Marinberg spoke about the importance of boardmembers remaining impartial during their meetings. Discussion ensued regarding individual Councilmember’s inclination to conduct their own research concerning the allegations and the boardmember’s body of work prior to casting a vote. Mayor Harris asked Vice Mayor Marinberg to defer his item until individual Councilmembers have had an opportunity to review Planning Board meeting videos. Vice Mayor Marinberg committed to providing the Village Clerk with the time stamps of the meeting videos concerning the boardmember’s comments for Village Council review and he encouraged his fellow Councilmembers to contact the individuals who were present at such meeting to gain insight. No action was taken. 9) MANAGER'S REPORT Ms. Tanya Wilson presented the new Planning and Zoning Director, Claudia Hasbun, who greeted the Village Council and briefly spoke about her qualifications. Ms. Wilson also provided an update on Calvin Giordano’s efforts in rectifying the Comprehensive Plan inconsistencies. Mr. Scott provided an update on operational matters. 10) ANNOUNCEMENTS The Village Clerk read the announcements. 5 11) VILLAGE COUNCIL COMMENTS Vice Mayor Daniel Marinberg- Vice Mayor Marinberg spoke about instituting charter employee annual reviews once evaluation forms have been provided to the Village Council. Vice Mayor Marinberg spoke in favor of the meeting with the Beacon Council, and the extension of the FIND grant. He further spoke about comments provided by one of the representatives of Austin, Pamies, Norris & Powell law firm. Councilmember Crystal Wagar- Councilmember Wagar spoke about staff delivering a presentation regarding short-term vacation rentals in the near future and encouraged residents to reach out to their State Representatives regarding the their disagreement with the current legislation. Councilmember Wagar spoke about comments made by residents regarding their distaste for a pineapple plantation reference made in the Village newsletter. Councilmember Katia Saint Fleur- Councilmember Saint Fleur thanked Village Manager Scott and Assistant Village Manager Wilson for promoting economic development. Councilmember Saint Fleur asked for a brief moment of silence in remembrance of Michael Finney's passing. She further thanked the Library Department for delivering a great presentation and thanked Village Clerk Rodriguez for coordinating the village attorney interviews. Councilmember Alice Burch- Councilmember Burch asked the Code Compliance and Police departments to meet with the residents who voiced concerns regarding short-term vacation rentals. Councilmember Burch spoke about Mayor Harris and her efforts working with the Miami Shores Community Alliance. Councilmember Burch spoke about the information session regarding the Shores Estates Septic to Sewer Project. She further encouraged residents to get the booster shot. Responding to Councilmember Saint Fleur’s comments regarding the gate-reopening request, Councilmember Burch spoke about her pedestrian advocacy and the right for residents to have such access. Mayor Sandra Harris- Mayor Harris spoke about the magazine where she was featured on the cover page and how such magazine is dedicated to promoting businesses in Miami Shores. She further spoke about the mayoral task in relation to the Miami Shores Community Alliance and elaborated on the Mayor’s Brunch event. Mayor Harris further spoke about the sunflowers at Village Hall in recognition of the Ukrainian struggle. 12) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:03 PM. Village Council Meeting Time: 04-05-22 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 04-05-22 18:30 18 6 6 0 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 Village Council 04-05-22 18:30 Agenda Name Comments Support Oppose Neutral 5) PUBLIC COMMENTS 1 1 0 0 8.A) DISCUSSION AND POSSIBLE ACTION ON APPROVING THE REOPENING OF THE SHORES ESTATES PEDESTRIAN GATE (NE 105 STREET BETWEEN NE 11 COURT AND BISCAYNE BLVD) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). 5 5 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 Jade Ocean Moran Location: Submitted At: 12:45pm 04-05-22 Good evening, My family and I are in full support to open the pedestrian gateway on 105th street with a private code. (Preferably) It will allow all of us better access for walking to and from the Miami Shores Aquatic centre. Thank you in advance. Best regards, Jade Ocean Moran Agenda Item: eComments for 8.A) DISCUSSION AND POSSIBLE ACTION ON APPROVING THE REOPENING OF THE SHORES ESTATES PEDESTRIAN GATE (NE 105 STREET BETWEEN NE 11 COURT AND BISCAYNE BLVD) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Overall Sentiment Guest User Location: Submitted At: 10:35am 04-05-22 My name is Tuyen Tieu and I live in Miami Shores Estates. I support the opening the of the gate because I believe this will help integrate residents in our neighborhood into our community by allowing us to easily access the amenities such as the aquatic center, community center as well as other neighborhoods in Miami Shores. Based on our location between the canal and golf course, we are somewhat isolated from the rest of village. The opening of the gate would be a wonderful benefit and add to the walkability within our community. Thank you for your time and consideration. Guest User Location: Submitted At: 10:15am 04-05-22 I support the opening of the 105th Street gate. The current conditions allows for a safe opening and easier access to the aquatic center and biscayne Blvd. Guest User Location: Submitted At: 10:12am 04-05-22 Randal Gottlieb 1079 NE 104th St Miami Shores, FL 33138 Please reopen the pedestrian gate so our neighbors have the ability to walk to Biscayne Blvd and the various MS amenities. Thank you, Randy Gottlieb Guest User Location: Submitted At: 9:37am 04-05-22 Maria Cordoba (1030 NE 107 St) We SUPPORT the opening of the gate on 105 St. Thank you for your continued support and for listening to the residents who will benefit from the gate re opening. Guest User Location: Submitted At: 9:13am 04-05-22 We are very happy to see this item on the agenda. My family fully supports reopening the gate as we are looking forward to walking to the Aquatic Center and to easily visit our neighbors across the canal on 104th Street, like we used to do when the gate was open. Without the gate, those of us in Shores Estates have to walk down busy 108th St and all the way through the Burlington shopping plaza and the car wash, which is not the nicest walk, or easy to do with young children. Prior to the gate being closed, we frequently took advantage of walking the kids in the stroller over to the Aquatic Center and would eagerly look forward to being able to do that again.