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2022-06-07 Minutes1 MEETING MINUTES JUNE 7, 2022 6:30 PM 9900 NE 2ND AVENUEINL 1)CALL TO ORDER Mayor Harris called the meeting to order at 6:32 PM. 2)MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Vice Mayor Daniel Marinberg Mayor Sandra Harris Councilmember Alice Burch joined via Zoom. Councilmember Crystal Wagar ALSO PRESENT: Village Attorneys Sarah Johnston and Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott Councilmember Katia Saint Fleur was absent. 4)PRESENTATIONS 4.A MIAMI SHORES POLICE DEPARTMENT PRESENTATION PROVIDED BY: CHIEF DAVID GOLT. Miami Shores Police Chief, David Golt, provided a brief presentation regarding the operations of the Miami Shores Police Department and answered questions posed by the Village Council. 5)PUBLIC COMMENTS Village Clerk Rodriguez read eComments which have been attached hereto into the record. 2 Mary Benton spoke about the Integrated Pest Management (IPM) resolution and referenced the process that lead up to its adoption. She further advocated for increased accountability, transparency and public trust with respect to the application of such materials. Kate Mason spoke about the IPM resolution and green stains released by the chemical that was applied at one the parks and further advocated for the Village to notify residents prior to the application. She further asked for such material to be applied on a day and time there is not much activity, if any. Jessica Pluhar thanked the Police Chief for the comprehensive presentation and further spoke about modifying the IPM policy to include language that notifies residents when materials will be applied. She further spoke about other chemicals that are toxic to humans and animals. ??? raised concerns regarding the drainage and overflow issues with Mirror Lake which he feels is causing structural issues with neighboring properties and potential health hazards. Albert Domlesky spoke about the conditions of Mirror Lake as a result of drainage issues which pose health hazards to neighboring residents. He further thanked MSPD for their great job, but raised concerns about transit issues on 5th avenue. Susan Howell spoke in opposition to the application of toxic chemicals and the lack of notification with respect to the application of such materials. Marci Lowman spoke about the lack of disclosure signs when pesticides are applied throughout the Village and further advocated for future notifications. Sylvia Lowman raised concerns about the green stains on people’s hand and clothes as a result of the material that was sprayed by village staff. John Federico spoke about how flooding issues may fall within the purview of the County. Carol Eannace thanked Public Works for their hard work during the recent tropical storm and further advocated for additional funding to assist Public Works implement the IPM policy. 6) APPROVAL OF THE MINUTES 6.A APPROVAL OF THE MAY 17, 2022 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Wagar moved to approve the May 17, 2022 Village Council Meeting Minutes and Vice Mayor Marinberg seconded the motion which carried a 4-0 voice vote. 7) ORDINANCE(S) ON FIRST READING 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY CREATING CHAPTER 2, “ADMINISTRATION,” ARTICLE VIII, “ADMINISTRATIVE FEES,” SECTION 2-116, “COST RECOVERY SYSTEM” TO RECOVER THE COSTS FOR SERVICES RELATING TO THE REVIEW OF APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the ordinance into the record and indicated Item 8B is a companion item. Village Clerk Rodriguez further noted minor typographical errors with the fee schedule associated with Item 8B. 3 Mayor Harris opened public comments and subsequently closed it as no one present offered comments. Ms. Sarah Johnston provided a brief overview of the item, indicating the item allows the Village to recover the costs for services relating to the review of various applications. Ms. Tanya Wilson, Assistant Village Manager, spoke about how the ordinance provides for a more comprehensive review of the various type of application requests and the resolution allows the Planning & Zoning department to capture costs associated with the various types of development reviews. Responding to Vice Mayor Marinberg, Ms. Claudia Hasbun, Planning and Zoning Director, clarified the fees will not slow the application review process. Responding to Councilmember Burch’s inquiry concerning annexation fees, Ms. Hasbun explained when a private firm or individual initiates the annexation request, such fee would be incurred by said applicant and not the Village. Discussion ensued regarding Section 2-116(g)(1) concerning the Village Manager's ability to waive fees at the applicant’s request due to financial hardship. Mayor Harris recommended adding criteria or examples explaining the type of financial hardship circumstances. Mayor Harris further proposed for an additional person to be added to the authority of waiver. Vice Mayor Marinberg moved to approve the ordinance on first reading (Item 7A) as amended & resolution (Item 8B) and to direct the Village Attorney to make the modifications concerning adding intent language regarding the type of emergencies that will be taken into consideration for the waiver and any fee waiver considered by the Village Manager will be in concurrence with the Planning & Zoning Director. The motion was seconded by Councilmember Wagar which carried a 4-0 voice vote. 8)RESOLUTION(S) 8.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; RECOGNIZING JUNETEENTH AS A VILLAGE HOLIDAY; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: VILLAGE MANAGER) Village Clerk Rodriguez read the caption of the resolution into the record. Village Manager Scott provided a brief overview of the item and recommended approval. Councilmember Wagar moved to approve the resolution and Vice Mayor Marinberg seconded the motion which carried a 4-0 voice vote. 8.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE PLANNING AND ZONING FEE SCHEDULE; PROVIDING FOR IMPLEMENTATION, AND AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). This item was considered and voted along with Item 7A. Please see the above-referenced notes. 9)DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION ON REFERRING CONSIDERATION OF VILLAGE NOISE ORDINANCE(S) TO THE PLANNING AND ZONING BOARD FOR REVIEW, WITH A 4 GOAL OF CLEARLY REFLECTING ALL RESIDENT AND COMMERCIAL RIGHTS AND RULES RELATING TO NOISE (SPONSORED BY: COUNCILMEMBER ALICE BURCH.) Councilmember Burch spoke in favor of consolidating noise related ordinances to one streamlined document. She asked the Village Council to consider referring the item to the Planning Board for review and recommendations and for it be brought back to the Village Council. Ms. Johnston clarified that is not customary for language concerning noise to be in the zoning code. Responding to Mayor Harris, Mr. Remond, Code Compliance Director, explained noise related complaints are a rising issue for his department. Councilmember Burch moved to direct the Village Attorney to draft an ordinance that consolidates all existing noise ordinances for Village Council consideration and if there are any recommended changes to the proposed ordinance by the Police, Code Compliance, and Planning and Zoning Departments, such recommendations will be discussed during second reading. Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. No further action was taken. 9.B DISCUSSION AND POSSIBLE ACTION REGARDING THE APPROVAL OF THE ADDITIONAL ROADWAY IMPROVEMENTS ON NE 96TH STREET IN THE AMOUNT OF $377,998.96. (STAFF: PUBLIC WORKS DIRECTOR) Public Work Director, Christopher Miranda, provided a brief overview and explained the Village is looking for additional funds to continue adding curb and gutter section to the NE 96th Street project. The scope of work outlined in the joint partnership agreement (JPA) with the County did not include curbing. According to Mr. Miranda, approximately 8,000 feet of curbing remains. Therefore, Mr. Miranda, through the Village Manager, is requesting approximately $378,000 to add an additional 8,000 feet of curbing. Mr. Miranda reported the County has not offered additional funds to assist with additional curb and gutter section. Vice Mayor Marinberg requested additional police presence when the project approaches Biscayne Boulevard due to traffic violations. Mayor Harris moved to approve the additional roadway improvements on NE 96th Street in the amount of $377,998.96. Councilmember Burch seconded the motion, which carried a 4-0 voice vote. 10)MANAGER'S REPORT Village Manager Scott provided an update on operational matters. Discussion ensued regarding drainage and flooding issues throughout the Village. Mr. Miranda mentioned the Village does not have stormwater plan. Vice Mayor Marinberg spoke about the importance of the Village establishing a plan to phase the entire village from septic to sewer and for the Village Council to focus on where to garner those dollars. Village Manager Scott spoke about the importance of working with the Village lobbyist to leverage federal dollars to assist with septic to sewer conversion projects. 5 11) ANNOUNCEMENTS The Village Clerk read the announcements. 12) VILLAGE COUNCIL COMMENTS Vice Mayor Daniel Marinberg- Vice Mayor Marinberg announced Happy Pride Month, provided a shout-out to Public Works for storm response, acknowledged Police Chief Golt for the wrap Pride cars; he further spoke raised concerns about the green stains released by the material sprayed by village staff at parks; he spoke about the last Planning Board meeting and clarified the artificial turf ordinance is pending Planning Board review and recommendation. Vice Mayor Marinberg further congratulated all of the recipients of the Citizen of the Year award. Councilmember Crystal Wagar- Councilmember Wagar expressed concerns regarding the material that releases green stains associated with pesticide use. She asked for a follow-up at the next meeting with respect to how long the Village will be using the material and when will the Village cease using it. Councilmember Wagar further gave a shout-out to the officers for their dedication to the community and a shout-out to all the graduates of Doctors Charter School, Country Day, and Barry University. Councilmember Alice Burch- Councilmember Burch thanked all the departments that brought the Village through the storm in a safe and successful manner. Councilmember Burch thanked staff and the Mayor for hosting the Memorial Day event. She further spoke about the Village Manager addressing the IPM concerns that were raised by various residents. Councilmember Burch recognized Lissette Reid who delivered the commencement speech at Doctors Charter School. Mayor Sandra Harris- Mayor Harris did not offer comments. 13) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:30 PM. Village Council Meeting Time: 06-07-22 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 06-07-22 18:30 20 11 3 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 06-07-22 18:30 Agenda Name Comments Support Oppose Neutral 5) PUBLIC COMMENTS 8 1 2 1 9.A) DISCUSSION AND POSSIBLE ACTION ON REFERRING CONSIDERATION OF VILLAGE NOISE ORDINANCE(S) TO THE PLANNING AND ZONING BOARD FOR REVIEW, WITH A GOAL OF CLEARLY REFLECTING ALL RESIDENT AND COMMERCIAL RIGHTS AND RULES RELATING TO NOISE (SPONSORED BY: COUNCILMEMBER ALICE BURCH.) 3 2 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 Kathryn Garcia Location: Submitted At: 3:25pm 06-07-22 I would like to express disappointment and concern about the lack of adherence to the IPM resolution passed by the Council in 2019. When we first spoke up as a community about this issue, my youngest child was just a baby. She recently turned 4 and while she has grown, we have experienced nothing but stagnation and excuses over this important issue affecting our health as a community as well as that of our environment. I am sad to say that this has left me with a level of cynicism about enacting change through local government as every time I and others have mentioned the item since, nothing happens. I hope this time is different. We should not have to police the resolutions that are enacted, we should be able to trust that the Village will see it through on these items. The goal of the IPM is to reduce and eventually eliminate the need for toxic pesticides, herbicides, fungicides and fertilizers in Miami Shores' public spaces. My hope is that with a new administration, progress can finally be made and we can join the ranks of other communities like South Miami and North Miami who have already taken the lead in this area. As the recent event with kids coming home with green fertilizer paint all over them illustrates, we aren't even close to adhering to the basics of the IPM policy on file to make the community aware and keep them safe when chemical applications do happen. I would like to request that the Village undergo a review of the IPM language to ensure it adequately reflects the original intentions of the concerned citizens that fought for its passing and consult with other municipalities that have enacted successful IP on best practices. Then provide evidence that it has plans to adhere to its own IPM and detail the steps it will be taking to implement substantial change in this area at the Council meeting no later than September. I would also like an opportunity for public response in the following council meeting. In the meantime, it is imperative that proper notice be given as widely as possible when chemicals are applied in public spaces. Ultimately, we need to do better for our community and for our planet - alternatives to the destructive norms harming our environment and communities are possible. Its time we really try. Guest User Location: Submitted At: 1:15pm 06-07-22 Good evening, My three children came home on May 5th covered in the green chemicals from the recreation field. I have shared the pictures I took with other Moms but in reality the pictures don’t do it justice. Thankfully one of my children at least had pants on but the other came home with fluorescent green covering their legs and arms. They routinely play at the field at the rec center. I put them all in the bath and literally had to scrub them with pressure to get the chemicals off. A pair of white sneakers were basically ruined. I was disappointed to learn that this concern did not make it on the meeting agenda for tonight as I know it is a huge concern for many parents in our community and we hope our council members will share this concern. I want to know that this will not happen again and that steps are being immediately taken to address this . Thank you, Kristen Feuer Robert Menge Location: Submitted At: 12:47pm 06-07-22 Good evening, Mayor, Council Members and Village Staff, I would like to thank the Village Administration, Public Works and Code Enforcement staff for their response to the recent flooding incident over the past weekend in Miami Shores Estates. They responded before, during, and after the flooding event, when access to our neighborhood was severely restricted to all vehicle traffic including emergency vehicles. Considering the amount of rainfall, flooded streets, equipment, pumps available in a short period, they all did an excellent job. I would like to mention again, the available expert documentation that needs to be included and addressed from the Miami Shores Village Environmental Vulnerability Study (June 5,2018), the Miami-Dade Feasibility Study (2015), the current FEMA and Flood Zone Insurance Maps, the recent Miami-Dade County Stormwater Permit MS4 Compliance Audit 2022 Report Card and Recommendations, for any Village Comprehensive Plan or future zoning changes. These documents provide stormwater drainage information that can and should be addressed in any system being developed for our neighborhood. and other parts of the Village in the near future. Past and recent photos and video documentation provides evidence that storm water from higher elevations surrounding our neighborhood outside the Village ( SFWMD Storm Water Flood gate at the golf course, runoff from NE 108th Street, the shopping center10700 Biscayne BLVD, 10500 Biscayne BLVD) all contribute to the flooding in our neighborhood because they were elevated and now the runoff flows to our lower elevation. The residents of the Village thank you for your support. Elyana Mitchell Location: Submitted At: 12:07pm 06-07-22 Hello, I’m a Miami Shores parent of two small children that frequently use the field. I’ve been made aware of kids covered in products used for lawn maintenance after recreational activities. These products maybe harmful to children specially those with sensitivities. I would like to see … 1. The Products being used and frequency. Clear and organized records should be kept by vendors and reviewed by a designated staff member to ensure adherence to the IPM Policy as to each application of pesticides, herbicides and fertilizers on Village property. These records should be made available in a timely manner when requested by members of the community. 2. Review the IPM Policy to ensure it adequately reflects the original intent of the IPM Resolution. 3. Alert the public when chemical fertilizers, herbicides, fungicides and pesticides are going to be applied in public spaces. A notice requirement is detailed as to pesticides in the IPM Policy, but we believe the Village can go further by using all the tools at its disposal, including clear signage, as well as advertising on social media, the website and the MSV app, or texting to notify the public. When we take our children or dogs to a park, we want to be confident that they will not come in contact with any substance/s applied by the Village or its vendors that can cause them harm. 3. All appropriate staff and vendors receive adequate training in the use and application of organic products and practices, as well as how to minimize the harm to the environment caused when chemicals must be used. 4.Consider organic fertilizer year around in public spaces, as heavy rainfall events have occurred in the dry season, and the runoff containing chemical fertilizer contaminates our groundwater and bay. Thank you Ely Mitchell Jennifer Baumann Location: Submitted At: 10:22am 06-07-22 Hello, I’m a parent who was on the soccer fields the day of or the day after the pesticides were sprayed. My child was covered (shoes, socks, shorts from sitting and her ankles) in green paint/pesticide. At the time I had no idea what it was and there were no signs on the fields or no information on any platform that you sprayed the fields that week. My daughter, along with the rest of the soccer kids (and 100s of other kids) were covered from ankles down in bright green chemicals. I know dogs are not allowed on the fields but children should not allowed to be on the fields either until the pesticide is completely dry. Moving forward, I’d like to see signs up regarding scheduled pesticide sprays along with the village notifying us via social media (instagram or Facebook) or Miami Shores website. Thank you. Guest User Location: Submitted At: 9:32pm 06-06-22 In regards to the green substance sprayed on the lawn, I ask for parents to be notified when this is sprayed. I have noticed this not only being sprayed on the soccer fields, but at optimist and memorial park. What are the recommendations for exposure after spray?how often does this need to happen, and perhaps we can find a more efficient time/day to spray the fields. Thank you for your time. Guest User Location: Submitted At: 9:18pm 06-06-22 Hello, I would like to propose that different methods be used in the care of our green space and fields. The chemicals that are currently used are harmful to not only the health of all persons in our community (especially children and elderly) but the health of the planet. We need to take different measures that do not include pesticides or insecticides. Numerous studies have linked these to cancer and many other harmful illnesses. We have other options. Please consider. We deserve this. All of us. Guest User Location: Submitted At: 2:59pm 06-02-22 Susan Ackley, 1119 NE 99 St. I support restricting residence gardeners' leaf blowers to a 9AM start time on all days of the week. thank you for considering my opinion. Agenda Item: eComments for 9.A) DISCUSSION AND POSSIBLE ACTION ON REFERRING CONSIDERATION OF VILLAGE NOISE ORDINANCE(S) TO THE PLANNING AND ZONING BOARD FOR REVIEW, WITH A GOAL OF CLEARLY REFLECTING ALL RESIDENT AND COMMERCIAL RIGHTS AND RULES RELATING TO NOISE (SPONSORED BY: COUNCILMEMBER ALICE BURCH.) Overall Sentiment Guest User Location: Submitted At: 3:28pm 06-07-22 Noel Franz Noise issue really becoming problem. Actually, finally had enough of the noose at 2:00 AM on June 5 from noise of a party 3 houses down and across the canal on NE 105 in the estates...on going problem not just here. Also on an unrelated matter storm water grate given to MSV has to be improved...embarrassing Kathryn Garcia Location: Submitted At: 2:14pm 06-07-22 Regarding the Noise Ordinance, I have experienced, multiple times, excessive noise coming from parties at a neighbor's house. The noise is so excessive that the sound can be clearly heard in our house and disrupts our children's sleep. Each time, without fail, I have to call the Village Police to shut down the party because it continues past 11pm on a weeknight. Just last week this happened, with the party only starting at 10pm on a Thursday with 50+ rowdy high schoolers and extremely loud music. Police gave me incorrect information saying the ordinance was until 11:30pm. After insisting, they corrected themselves after checking and sent someone to shut it down. They did so by 11:20 and then it took another 30 minutes for the kids to clear out, all the while making more excessive noise - making it almost midnight until the noise ended. They poured out onto the street, calling ubers and shouting and even relieving themselves on our front yard. This is unacceptable in a neighborhood with so many families with young kids. I urge the Council to consider making the cut off on weeknights earlier considering the wellbeing of our kids, many of whom go to bed at 9pm or earlier and wake up at 6:30am to go to school. When neighbors disregard this, we need our Village policy to protect us from these excessive noise disturbances. Thank you. Robert Menge Location: Submitted At: 12:59pm 06-07-22 Good evening Mayor, Village Council and Administrative Staff, We are in full support of the Village Noise Ordinances. Many other Counties and Municipalities throughout the State have adopted similar ordinances allowing trained police officers to enforce the code and issue civil citations to the property owners or responsible parties, after warnings and repeated visits to the noise disturbance have occurred. Thank you you for supporting your constituents and the Quality of Life on our community.