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2022-09-13 Minutes1 MEETING MINUTES SEPTEMBER 13, 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: Village Attorneys Sarah Johnston and Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Councilmember Wagar requested the addition of a discussion item concerning the Comprehensive Plan before Item 10A. Councilmember Wagar clarified the intent of the item is to reconsider the motion to approve the ordinance, amending the Comprehensive Plan text and Future Land Use Map (FLUM) on first reading. Vice Mayor Marinberg moved to approve the agenda as amended and Councilmember Saint Fleur seconded the motion, which carried a unanimous vote. 2 5) PRESENTATIONS 5.A CERTIFICATE OF RECOGNITION PRESENTED TO MS. CIJI CRAWFORD IN ACKNOWLEDGEMENT OF HER ACT OF KINDNESS (SPONSORED BY: COUNCILMEMBER CRYSTAL WAGAR). Councilmember Wagar, on behalf of the Village Council, acknowledged Ms. Ciji Crawford’s act of kindness and awarded her with a Certificate of Recognition and a Miami Shores Country Club and Golf Course gift certificate. 5.B FLORIDA LEAGUE OF MAYORS/BUSINESS WATCH CITY CATALYST GRANT AWARD PRESENTED TO MIAMI SHORES VILLAGE BY: FLM EXECUTIVE DIRECTOR SCOTT DUDLEY. Mr. Scott Dudley, on behalf of the Florida League of Mayors and Business Watch, presented the Village with a City Catalyst grant award in the amount of $2,500. 5.C FLORIDA RACE TO ZERO COHORT PRESENTATION (BY: ASSISTANT VILLAGE MANAGER TANYA WILSON). Assistant Village Manager Tanya Wilson delivered a presentation regarding the Florida Race to Zero Cohort and answered questions posed by the Village Council. 5) PUBLIC COMMENTS Robert Menge spoke in favor of the Florida Race to Zero initiative and its relevance to the proposed gas station project on Biscayne Boulevard. Mary Benton spoke in support of the Florida Race to Zero initiative and elaborated on the importance of shifting the paradigm of climate change. Maria McGuiness spoke about the public works land item (12C) and the importance of reserving the land for debris management purposes in the event of a natural disaster and asked the Village Council to remain cautious as this matter affects the health and safety of residents. Nicola Meyer introduced herself as the chair to the Sustainability and Resiliency Committee (SRC). Village Clerk Rodriguez read eComments, which have been attached hereto as Exhibit A, into record. 6) CONSENT AGENDA Village Clerk Rodriguez requested for Item 7B to be pulled from the consent agenda as there is a minor correction that needs to be made to the spelling of the last name of one of the public commenters: Mary Ross Agosta. Councilmember Wagar moved to approve the consent agenda and Councilmember Burch seconded the motion, which carried a 5-0 voice vote. 3 7.A APPROVAL OF THE JULY 5, 2022 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 7.B APROVAL OF THE JULY 19, 2022 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Wagar moved to approve the July 19, 2022 Village Council Meeting Minutes as amended and Councilmember Burch seconded the motion, which carried a 5-0 voice vote. 7.C APPROVAL OF THE JULY 25, 2022 BUDGET WORKSHOP MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 7.D A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT BETWEEN MIAMI SHORES VILLAGE AS CO- PERMITTEE WITH ALL CO-PERMITTEES NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY; PROVIDING FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING AND INSPECTION SERVICES BY MIAMI-DADE COUNTY AND ALSO BETWEEN ALL CO- PERMITTEES FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SHARED MUNICIPAL STORM SEWER SYSTEMS, AT AN ANNUAL COST OF THREE THOUSAND FIFTY-NINE DOLLARS ($3,059); PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR). PASSED ON CONSENT. 7.E A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE AWARD OF REQUEST FOR PROPOSALS NO. 2022-07-01 FOR OPERATION OF A FARMERS MARKET TO THE FLORIDA MARKETPLACE GROUP, LLC. FOR THE ADMINISTRATION AND MANAGEMENT OF A FARMERS MARKET FOR MIAMI SHORES VILLAGE AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH THE TOP-RANKED PROPOSER; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND AN EFFECTIVE DATE (STAFF: PROCUREMENT ADMINISTRATOR). PASSED ON CONSENT. 8) VILLAGE BOARD APPOINTMENTS 8.A APPOINTMENTS TO THE CHARTER REVIEW COMMITTEE (5 OR 7 VACANCIES) (STAFF: VILLAGE CLERK). Village Clerk Rodriguez provided opening remarks, indicating the vacancies were advertised for over a month and; upon closing the application process, the Village Clerk’s Office received seven (7) applications. Before discussing the method by which the Village Council will appoint members to the Charter Review Committee (CRC), Village Clerk Rodriguez indicated the first order of 4 business with respect to this item is for the Village Council to decide whether they would like to appoint five or seven members to said committee. Councilmember Burch moved to approve the selection of seven members to the CRC and Vice Mayor Marinberg seconded the motion, which carried a unanimous vote. Village Attorney Johnston asked for clarification with respect to the scope of the CRC’s responsibilities. Responding to Village Attorney Johnston’s inquiry, there was consensus for the CRC to review the entire Village Charter and provide recommendations to the Village Council. Village Attorney Johnston indicated a resolution establishing the committee and the scope of its purpose will be presented to the Village Council for consideration in October. Village Clerk Rodriguez further asked the Village Council to consider the appointment method which may consist of casting a vote by acclamation to appoint the seven applicants if everyone is in support of all applicants. Vice Mayor Marinberg moved to appoint the below noted applicants to the CRC and Councilmember Wagar seconded the motion which carried a 5-0 voice vote. Michael Bell, Judson LaCapra, William Griffith, Francine Steelman, Michael O’Hara, Ed Quinton, and Jesse Valinski were appointed to the CRC. 9) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES CHAPTER 6. “BUILDING AND BUILDING REGULATIONS.” SECTION 6-7 “SAME FEES.” TO REMOVE THE BUILDING PERMIT FEES FROM THE CODE OF ORDINANCES AND PROVIDE THAT THE BUILDING PERMIT FEE SCHEDULE SHALL BE ADOPTED BY RESOLUTION; PROVIDING FOR SEVERABILTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLIT; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: BUILDING OFFICIAL). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Harris opened the public hearing. Seeing no one approach the lectern, Mayor Harris closed the public hearing. Mr. Ismael Naranjo, Building Official, provided a brief overview of the item and answered questions posed by the Village Council. Councilmember Saint Fleur moved to adopt the ordinance and Vice Mayor Marinberg seconded the motion, which carried a 5-0 voice vote. ADDED ITEM: DISCUSSION AND POSSIBLE ACTION REGARDING THE COMPREHENSIVE PLAN (SPONSORED BY: COUNCILMEMBER CRYSTAL WAGAR). Given the discussions and public comments during the July 19, 2022 Village Council Meeting concerning the Comprehensive Plan amendments, Councilmember Wagar proposed for Councilmembers to consider an additional resident workshop concerning said amendments. Councilmember Wagar further expressed desire to reconsider the ordinance, amending the Comprehensive Plan text and Future Land Use Map (FLUM) on first reading during the October 18, 2022 Village Council Meeting. 5 Councilmember Burch addressed public engagement concerns with respect to the Comprehensive Plan amendment process, feedback provided by some of the residents concerning density in addition to moratorium related concerns regarding Barry University. Responding to Councilmember Burch’s comments, Village Attorney Johnston indicated the appropriate time to share said comments is during the resident workshop and/or the October 18, 2022 Village Council Meeting should the Village Council express support for the requested reconsideration. Councilmember Wagar moved to reconsider the ordinance amending the Comprehensive Plan text and Future Land Use Map (FLUM) on first reading during the October 18, 2022 Village Council Meeting, pending the resident workshop. Councilmember Burch seconded the motion which carried a 5-0 voice vote. There was consensus amongst the Village Council to direct the Village Manager to coordinate a resident workshop during the weekend. No further action was taken with respect to this item. 10) ORDINANCE(S) ON FIRST READING- PUBLIC HEARING 10.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, EXTENDING THE MORATORIUM ON THE ACCEPTANCE, REVIEW AND CONSIDERATION OF APPLICATIONS FOR REZONING AND/FUTURE LAND USE MAP AMENDMENTS, AS ENACTED BY ORDINANCE NO. 2022-04, FOR AN ADDITIONAL SIX (6) MONTHS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Ms. Claudia Hasbun, Planning & Zoning Director, provided a brief overview of the item, indicating Village administration’s desire to extend the moratorium for an additional six (6) months during the pendency of the Comprehensive Plan review while temporarily placing a hold on applications, affecting the future land use map, future land use text amendments and rezoning. Ms. Hasbun clarified the purpose of the extension is to provide the Village and the consultant (CGA) enough time to further address the pending inconsistencies in the comprehensive plan future land use element and map amendment. Additional time is also needed to satisfy the statutory requirements for the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan. Ms. Hasbun further clarified applications pertaining to single-family homes are exempt from the moratorium. Vice Mayor Marinberg expressed interest in amending the language of the proposed ordinance to indicate the expiration of the moratorium to occur at the adoption of the Comprehensive Plan amendment if it transpires before the six-month period. Mayor Harris opened the public hearing. Nancy Dowson inquired into the Village Council’s urgency with respect to correcting the inconsistencies and referenced the need to discuss parking and traffic in Miami Shores Village. Seeing no one approach the lectern, Mayor Harris closed the public hearing. Vice Mayor Marinberg moved to approve the ordinance as amended subject to the insertion of the following language “for an additional six (6) months or upon final approval of the proposed 6 comprehensive plan amendments through the required appeal period, whichever is sooner.” Councilmember Wagar seconded the motion, which carried a 5-0 voice vote. 11) RESOLUTION(S) 11.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING AN AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CALVIN, GIORDANO & ASSOCIATES, INC., AND THE VILLAGE TO MODIFY THE SCOPE OF SERVICES TO INCLUDE (1) ADDITIONAL ANALYSES TO AMEND THE FUTURE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN, AND (2) THE STATE- REQUIRED COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REVIEW (“EAR”) FOR A TOTAL COST OF $68,780.00; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the resolution into the record. Ms. Hasbun introduced the item and asked the Village Council to consider approving the continued professional services agreement with CGA. Ms. Hasbun indicated the scope of services include the following: 1. Provide additional outreach, workshop and technical assistance to complete the proposed Future Land Use Element and Future Land Use Map amendments and return to Village Council for an additional first reading in an amount not to exceed $18,790. 2. Include the EAR-based amendment process of the Village Comprehensive Plan is an amount not to exceed $ 49,990.00. The below table indicates the price range of EAR-based amendments (without major issues of inconsistencies). This process will be running concurrently with the Future Land Use Element and Future Land Use Map amendments. Responding to Councilmember Burch’s inquiry, Ms. Hasbun mentioned the Village is in normal pricing range in comparison to other municipalities. Mayor Harris opened public comments. Jesse Valinsky spoke about the need for clarification with respect to the proposed professional agreement, rapid changes occurring within the Village, and advocated for the Village to address the bare minimum with respect to the Comprehensive Plan. Vice Mayor Marinberg moved to approve the resolution and Councilmember Wagar seconded the motion which carried a 5-0 voice vote. 12) DISCUSSION & POSSIBLE ACTION ITEMS 12.A DISCUSSION AND POSSIBLE ACTION FOR PLANNING A MIAMI SHORES VILLAGE COMMUNITY BIKE RIDE WITH MSPD DURING FDOT’S MOBILITY WEEK 2022 (OCTOBER 21-28, 2022) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch asked for Village Council support with respect to hosting a Miami Shores Village Community Bike Ride with MSPD during October 21-28, 2022. Mayor Harris asked about the fiscal impact and Village Manager Scott indicated he would provide said information. 7 Councilmember Saint Fleur moved to direct staff to plan the Miami Shores Village Bike Ride and Councilmember Wagar seconded the motion, which carried a 5-0 voice vote. There was no further discussion or action taken. 12.B DISCUSSION AND POSSIBLE ACTION REGARDING FORMAL NAMING OF THE PLANNING & ZONING BOARD, PRESERVING THE NAME FOR THE FUTURE (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch asked for Village Council support with respect to directing the Village Attorney to draft an ordinance, amending the name of the Planning Board to reflect the Planning and Zoning Board for future Council consideration. Councilmember Burch moved to direct the Village Attorney to draft an ordinance, amending the name of the Planning Board to reflect the Planning and Zoning Board and for such ordinance to be brought forth for Village Council consideration. Councilmember Wagar seconded the motion, which carried a 5- 0 voice vote. There was no further discussion or action taken. 12.C DISCUSSION AND POSSIBLE ACTION REGARDING PUBLIC WORKS FACILITY OPPORTUNITY (SPONSORED BY: VILLAGE MANAGER). Village Manager Scott provided an update regarding the Public Works facility opportunity, explaining the various uses and services rendered at said facility. Village Manager Scott indicated the Village has received two unsolicited proposals. He further spoke about the various offers, which include leasing 10 acres of the property while reserving five acres for public works operations, including an area for an indoor shooting range for MSPD, and an additional five acres to build a staging facility for such debris storage and management. Village Manager Scott indicated five acres is more than adequate land for debris storage. Vice Mayor Marinberg spoke about the benefits of leasing, such as the possible reduction of maintenance costs, capital improvements to the existing structures, and potential revenue that may be used to offset costs associated with renovation projects involving the Community Center and other facilities. Mayor Harris clarified the Village is not interested in selling the property nor in the disruption of service delivery levels. Councilmember Wagar mentioned she is amenable to a proposal that will generate revenue, while maintaining the same or better levels of service delivery (debris hauling) and that is responsible to the surrounding community. Village Attorney Johnston clarified the intent of the item which is to direct the Village Manager to solicit invitations to negotiate and for the Village Council to set parameters for said competitive solicitation. Responding to Councilmember Wagar’s comments regarding her site visit to the surrounding residential community, Councilmember Burch expressed interest in knowing the sentiments of said residents with respect to the existing use of the public works land in comparison/contrast to a proposed Home Depot. 8 Councilmember Burch expressed reservations about leasing the Public Works land at this time. She further indicated the Village expends approximately $40,000, not $100,000, to maintain the Public Works facility. Councilmember Saint Fleur shared her experience as an individual who was raised in proximity to the public works site. Vice Mayor Marinberg posed the following questions for the Village Manager to include in the competitive solicitation proposal should the Village Council vote in favor: - How much land are you proposing for Public Works and other Village operations and how much land will be leased? - Are you proposing to relocate any of the existing Village building and operations during construction? If yes, are you paying for the relocation or reconstruction? - What is the rent? (Fixed rent, percentage rent, or minimum guarantee)? - What is the annual escalator? - What is the proposed use for the site? - What are the contingencies? - What is the source of funds (equity or finance)? - Are they going to provide a security deposit, letter of guarantee, or letter of credit? - Are there other benefits offered to the Village other than rent or construction? - What is the proposed timeline for construction? Village Manager Scott proposed engaging the competitive solicitation process and stressed the importance of including language that stipulates that the public works land is not for sale. Responding to Vice Mayor Marinberg’s suggested timeline, Village Attorney Johnston proposed giving the Village Manager at least a month to complete the competitive solicitation process to allow for advertisement and respondents to prepare. At this stage of the process, Village Attorney Johnston suggested for the Village to draft terms but not a lease form just yet. Councilmember Saint Fleur left the meeting at 8:57 PM. Mayor Harris opened public comments. Jesse Valinski spoke in opposition to item 12C due to concerns regarding the storage of debris in the event of a natural disaster. By way of consensus, the Village Council directed the Village Manager to solicit invitations to negotiate and for the proposals and recommendations to be brought forth for Village Council consideration. There was no further discussion or action taken. 9 13) MANAGER'S REPORT Village Manager Scott provided an update regarding operational matters. 14) ATTORNEY'S REPORT Village Attorney Johnston asked for direction with respect to the way the Village would like the Village Attorney’s Office to assert lien claims. Currently, the attorney files to assert the claims and from the proceeds, the fees are paid out to the attorney and the Village. By way of consensus, the Village Council directed the Village Attorney to proceed with status quo and draft policy language. 15) ANNOUNCEMENTS Village Clerk Rodriguez read announcements. 16) VILLAGE COUNCIL COMMENTS Vice Mayor Daniel Marinberg- Vice Mayor Marinberg spoke about body cameras and its helpful use with a recent incident, complimented Mr. Scott for his appointment as president of the MDCMMA, spoke about the downtown district workshop, and waterway enforcement. Councilmember Alice Burch- Councilmember Burch spoke about the no wake zone near Miami Springs, announced the soccer demonstration and the MSPD promotional event for command staff members. Councilmember Crystal Wagar- Councilmember Wagar thanked MSPD for the new mental health awareness vehicle. Mayor Sandra Harris- Mayor Harris announced the national mental health hotline: 988 17) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:17 PM. Village Council Meeting Time: 09-13-22 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 09-13-22 18:30 32 4 2 0 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 09-13-22 18:30 Agenda Name Comments Support Oppose Neutral 6) PUBLIC COMMENTS 3 1 0 2 12.A) DISCUSSION AND POSSIBLE ACTION FOR PLANNING A MIAMI SHORES VILLAGE COMMUNITY BIKE RIDE WITH MSPD DURING FDOT’S MOBILITY WEEK 2022 (OCTOBER 21-28, 2022) (SPONSORED BY: COUNCILMEMBER 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 6) PUBLIC COMMENTS Overall Sentiment Corrie Rice Location: Submitted At: 2:05pm 09-13-22 Good afternoon, I am a 20 year resident of Miami Shores. I love my neighborhood and am grateful for all the improvements we have made along the way. One topic I feel needs more attention is our road safety. This issue is one that impacts my family and so many others greatly. My son goes to Miami Shores Montessori and we picked this school so that we can ride our bikes each morning. However, things are a bit scary out there. While crossing NE 2nd Ave at 107th street I watch the speed sign clocking people going 50mph plus in a 30mph zone. Discussing this with numerous other Moms in our community has them also expressing great concern for this issue. There are 4 schools in the area we go to each morning and more schools in the Miami Shores area. Can we please take some initiatives with this in adding police presence to give out tickets for speeding as well more crosswalks? Thank you for your time. Guest User Location: Submitted At: 1:29pm 09-13-22 Greg Baumann I'm curious to know about the status of the community center. I'd like to propose either seeking a large donation or privatizing the project in order to achieve the community's goals as the Village cannot currently afford the planned upgrades and renovations. Donations or privatization seem like the only logical paths to upgrade the facilities before they reach the end of their useful lives, and can no longer be used safely by the community. John Ise Location: Submitted At: 11:41am 09-13-22 The Village Recreation Advisory Committee wishes to have Village continue to explore possibilities for the reconstruction/rehabilitation of the Recreation Center & Field House. Having produced a visioning plan via the Urban Land Insitute, the Village has the basis for continuing to explore the feasibility of a new Recreation Center and amenities. Agenda Item: eComments for 12.A) DISCUSSION AND POSSIBLE ACTION FOR PLANNING A MIAMI SHORES VILLAGE COMMUNITY BIKE RIDE WITH MSPD DURING FDOT’S MOBILITY WEEK 2022 (OCTOBER 21-28, 2022) (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Overall Sentiment John Ise Location: Submitted At: 11:36am 09-13-22 I completely support regular community bike rides in Village. In addition, the Village Recreation Advisory Committee is intereted in seeing the Village Mobility study completely years back to be fully supported and implemented.