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2023-02-07 Minutes1 MEETING MINUTES FEBRUARY 7, 2023 6:00 PM 9900 NE 2ND AVENUE 1) CALL TO ORDER Mayor Harris called the meeting to order at 6:33 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Mayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Wesley Castellanos Councilmember Timothy Crutchfield ALSO PRESENT: Village Manager Esmond Scott Village Attorney Sarah Johnston Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS- ADDITIONS, DELETIONS, & DEFERRALS Mayor Harris added a discussion item regarding the notification process for the Comprehensive Plan. 5) PRESENTATIONS 5.A PRESENTATION ON SUSTAINABILITY FROM THE VILLAGE MANAGER'S OFFICE. Assistant Village Manager, Tanya Wilson provided opening remarks and presented the ‘Sustainability and Resiliency’ report. Christopher Miranda, Public Works Director, presented the Public Works current and future initiatives portion of the presentation. 2 Lazaro Remond, Director of Neighborhood Services, presented the ‘Community Rating system’ portion of the presentation. 6) PUBLIC COMMENTS Mary Benton praised Village Staff. Additionally, Ms. Benton spoke in opposition to two unelected Councilmembers voting on the Comprehensive Plan. Charter Review Committee (CRC) Chair Ed Quinton recommended the Village Council keep the lease provisions in Ballot Question 7, and include specification that will ensure a resident vote on any lease exceeding 5 years. Linda Schwartz spoke in opposition to the Comprehensive Plan. Hutch Gurervitz praised Village staff for their presentation. Mr. Gurevitz spoke in support of postponing Village Council action until after the April election. Toni McCormick began her remarks by thanking the Village Council. Additionally, Ms. McCormick spoke in opposition to mixed used developments in the Village, and further spoke in support of the Charter Review Amendments as proposed by the CRC. Carol Eannace thanked Village Staff for their work. Ms. Eannace spoke in support of the Charter Review Amendments as proposed by the CRC. Cindy Herbst spoke in support of clause (n) in the Citizen Bill of Rights as proposed by the CRC. Additionally, she proffered the Council to not exclude the Growth Management language from the April Ballot. Robert Menge urged the Council to review the Comprehensive Plan and not rush the voting process. Dennis Leyva spoke in support of the 12 Charter Review Amendments as proposed by the CRC. Pat Toomey posed questions regarding the implications of the Comprehensive Plan and how it will affect sustainability and resiliency efforts in the Village. Jane Domlesky spoke in support of the Charter Review Amendments as proffered by the Charter Review Committee. Maria McGuiness spoke in opposition to Council actions regarding the Comprehensive Plan. Laura Cordy spoke in support of the Charter Review Amendments as proffered by the CRC. Kathy Stewart urged Councilmembers to gauge resident input regarding prospective development projects. Lou Perez spoke in disagreement to recent Council actions and urged new Councilmember to consider resident input. Patrick Sullivan spoke in disapproval of the Village Council amending the proposed Charter Amendment Ballot questions proffered by the CRC. 3 Ruiz spoke in opposition to recent Council actions. Jesse Valinsky spoke in support of the growth management language as proffered by the Charter Review Committee. Sarah McSherry provided commentary regarding possible discrepancies with the public notice requirements. Village Clerk Rodriguez read eComments into the record. 7) CONSENT AGENDA Village Clerk Rodriguez read the caption of all items listed under the consent agenda. Vice Mayor Marinberg moved to approve the consent agenda and Councilmember Burch seconded the motion which carried a 5-0 voice vote. Vice Mayor Marinberg praised Village Staff for coordinating the FIND Grant. 7.A APPROVAL OF THE JANUARY 3, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 7.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $1,000,000 FOR SEAWALL AND CONSTRUCTION IMPROVEMENTS AT BAYFRONT PARK; AUTHORIZING VILLAGE OFFICIALS TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). PASSED ON CONSENT. 8) RESOLUTION(S) 8.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE ART IN PUBLIC PLACES GUIDELINES; PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE (STAFF: PARKS & RECREATION DIRECTOR). Village Clerk Rodriguez read the caption of resolution. Parks and Recreation Director Angela Dorney provided a brief overview of the item and answered questions posed by the Village Council. 4 Council thanked Village staff and the Fine Arts Commission for working on the resolution. Councilmember Burch moved approval of the resolution, and Councilmember Crutchfield seconded the motion. The resolution was approved with a 5-0 voice vote. 8.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS OF PROPOSED AMENDMENTS TO THE VILLAGE CHARTER, IN ACCORDANCE WITH SECTION 6.03 OF THE MIAMI-DADE COUNTY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON APRIL 11, 2023; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR BALLOTING; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). Village Clerk Rodriguez read the caption of resolution. Village Attorney Bierman provided opening remarks. Village Attorney Wood introduced the proposed ballot language. 1. Technical and Stylistic Amendments. Currently, the Village Charter contains non-substantive stylistic and technical inaccuracies that require updates and changes. Shall the Charter be amended to reflect non-substantive stylistic and technical changes made for clarity, including re-naming and numbering of sections and providing for gender neutrality? No changes were proffered. Vice Mayor Marinberg moved to approve the language as presented, Councilmember Burch seconded the motion, which carried a 5-0 voice vote. 2. Bill of Rights. Currently, the Village Charter does not include a Citizen’s Bill of Rights. Shall the Charter be amended to include a Citizen’s Bill of Rights that encourages citizen participation within Village government? Councilmember Castellanos moved to re-insert clause (n): Natural Resources and Scenic Beauty. It shall be the policy of the village to conserve and protect its natural resources and scenic beauty, which policy shall include the abatement of air and water pollution and of excessive and unnecessary noise, whenever possible. Councilmember Burch seconded the motion. 5 Councilmember Castellanos stated the language in clause (n), specifically the word “scenic” was of importance to Miami Shores Village and its residents. At the conclusion of his statements, Councilmember Castellanos moved to insert clause (n) in the Citizen Bill of Rights Language; Councilmember Burch seconded the motion, which carried a 5-0 voice vote. 3. Run Off Elections. Currently, the Charter only provides that a run-off election shall occur when necessary. Shall the Charter be amended to specify that a run-off election shall be held, in the same manner and form as the general municipal election, for candidates who receive a tie vote? No changes were proffered. Vice Mayor Marinberg moved to approve the language as presented, Councilmember Burch seconded the motion, which carried a 5-0 voice vote. 4. Election Affiliations. Currently, the Charter does not include any prohibitions on election affiliation. Shall the Charter be amended to specify that Village candidates must run independently from any other Village candidate and refrain from issuing joint campaign literature? Village Attorney Wood indicated the language as drafted can potentially carry legal implications, specifically in reference to the First Amendment. In response to Councilmember Burch, Village Attorney Bierman stated the CRC was aware of potential legal challenges. Vice Mayor Marinberg expressed concern regarding the potential legal implications that the language carries, and further stated he is not in favor of the provision. Councilmember Burch moved to keep the language as drafted, and Mayor Harris seconded the motion. The motion passed with a 4-1 voice vote. Vice Mayor Marinberg voted in opposition. 5. Non-Partisan Elections. Currently, the Charter does not specify that Council elections shall be conducted on a nonpartisan basis. Shall the Charter be amended to specify that all Council elections shall be conducted on a nonpartisan basis? No changes were proffered. Vice Mayor Marinberg moved to approve the language as presented, and Councilmember Burch seconded the motion, which carried a 5-0 voice vote. 6. Residency Requirement. Currently, as one of the election qualifications, the Village Charter requires a person to have resided in the Village for six (6) months prior to running for office. 6 Shall the Village Charter be amended to require a person to continuously reside in the village for a minimum of two (2) years immediately preceding the date of such filing to qualify for the election? Village Attorney Wood asked the Village Council to state their reasoning behind their respective position regarding the proposed residency requirement language. Councilmember Burch stated it would be important for an individual who wants to serve on the Village Council to have resided in Miami Shores Village for at least two years to encourage familiarity with the community. Vice Mayor Marinberg spoke in support of the one-year residency requirement. Additionally, further stating the two-year residency requirement could potentially violate the law. Councilmembers Crutchfield and Castellanos spoke in support of the one-year residency requirement. Mayor Harris spoke in support of the two-year residency requirement. Mayor Harris stated that other committees have a one-year residency requirement. Therefore, the Village Council should impose a stricter residency requirement. Councilmember Crutchfield moved to approve the one-year residency requirement, and Vice Mayor Marinberg seconded the motion, which carried a 3-2 voice vote. Councilmember Burch and Mayor Harris voted in opposition. 7. Sale and Lease of Municipal Property. Currently, the Village Charter does not require a referendum for the sale or lease of municipal property. Shall the Village Charter be amended to require approval by majority vote of electors in a Village wide referendum for the sale, exchange, conveyance, or lease of Village owned real property? In response to Councilmember Castellanos inquiry, Village Attorney Wood stated the Village Council will be voting on this language today and the agreed upon language will be reflected on the ballot. Councilmember Burch moved to approve the language as presented by the Charter Review Committee (CRC). Additionally, Councilmember Burch spoke in opposition to leasing the Public Works land or any portion of the parcel, and further stated the ballot question should be posed to the voters. Councilmember Crutchfield proposed the following ballot language regarding the Sale or Lease of Village Owned Property: “Shall the Village Charter be amended to require approval by majority vote of electors in a Village wide referendum for the sale, exchange, conveyance, or lease of ten (10) years or longer (including option periods) of village-owned park, recreation, or waterfront real property, and to require a super-majority vote of the council to approve such transactions for all other village-owned real property?” In his response to Councilmember Burch, Councilmember Crutchfield stated his proposal could potentially affect the Public Works land, but the intent behind the proposal has a broader scope. Additionally, Councilmember Crutchfield stated he is uncertain he would support leasing any portion of the Public Works property. Vice Mayor Marinberg stated the leasing provision as drafted is not in the best interest of the Village, due to cost associated with special elections and potential delays. Vice Mayor Marinberg spoke in opposition to the sale of property, citing that land is a scarce and valuable resource. Furthermore, Vice Mayor Marinberg spoke in support of the language proposed by Councilmember Crutchfield. 7 Mayor Harris spoke in support of the modified language as reflected below: II. Option (2) Sale, Conveyance, Exchange, or Lease Text Language (A) (1) The sale, exchange, conveyance, or lease, including any renewal option (that exceeds ten years in duration) of village owned real property shall require approval by a majority vote of electors in a village wide referendum. (2) The sale, exchange, conveyance, or lease (including renewal option) of village owned real property shall require approval by a majority vote of electors in a village wide referendum. Notwithstanding the foregoing, this provision shall not be applicable to leases (including renewal options) that are 10 years or less in duration. Village Attorney Wood stated that only one of the sub-sections could be selected; after brief deliberation, Mayor Harris selected Option 2 sub-section 2. Further discussion ensued regarding the language. Councilmember Burch moved to approve Option 2 sub-section 2, and Mayor Harris seconded the motion. The motion passed with a 5-0 voice vote. 8. Charter Review Amendments. Currently, the Village Charter does not specify a time-frame for when the Charter must be reviewed by a Charter Review Committee. Shall the Village Charter be amended to require the Village Council to appoint a Charter Review Committee as necessary, but not to exceed every ten (10) years from the sunset of the last Charter Review Committee, commencing from the effective date of this Charter amendment? Vice Mayor Marinberg stated the language as drafted did not capture the essence of his previous recommendations. Chair Quinton of the Charter Review Committee proffered the following language: “… but not to exceed 10 years from the last Charter Review Committee appointment.” Village Attorney Wood drafted the following language, “Shall the Village Charter be amended to require the Village Council to appoint a Charter Review Committee as necessary but not to exceed ten (10) years from the last Charter Review Committee appointment.” Further discussion ensued regarding the language. The Village Council was unable to reach consensus and wanted further specificity included in the draft language. Village Attorney Bierman suggested the inclusion of the following language; “…. As necessary but not less than at least once every ten (10) years commencing at the sunset of 2022- 2023 [Charter Review Committee].” In response to the various suggestions, Village Attorney Wood drafted the following language: “The Charter may be amended in accordance with the provision of section 6.03 of the Home Rule Charter of Miami Dade County, the Village Council shall appoint a Charter Review Committee to review and make recommendations as necessary but not less than once every ten (10) years.” 8 Vice Mayor Marinberg moved to approve the language as edited by Village Attorneys Wood and Bierman; Councilmember Castellanos seconded the motion, which passed unanimously with a 5-0 voice vote. 9. Conflicting Charter Amendments. Currently, the Village Charter does not have a process for when conflicting proposed amendments are voted upon by the Village electorate. Shall the Village Charter be amended to require that if conflicting amendments be adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict? No changes were proffered. Councilmember Burch moved to approve the language as presented, and Vice Mayor Marinberg seconded the motion, which carried a 5-0 voice vote. 10. Prohibition on Interference. Currently, the Village Charter does not include any prohibitions on the Council’s interference with the Village Manager’s appointment, removal or management of Village employees. Shall the Village Charter be amended to include that neither the Council nor any of its individual members shall dictate the appointment, removal or management of any Village employees whom the Village Manager is empowered to appoint? Village Attorney Wood in response to Mayor Harris’s request in prior meetings, noted revised language in which the term “direct” was changed to “request”. Councilmember Burch moved to approve the language, and Vice Mayor Marinberg seconded the motion, which passed unanimously. At the conclusion of the vote for Ballot Question 10: Prohibition on Interference, Village Attorney Wood asked the Village Council to consider approving the resolution as amended. Councilmember Crutchfield moved to approve the resolution as amended, and Vice Mayor Marinberg seconded the motion. Councilmember Burch proposed a friendly amendment to the original motion thereby including Growth Management and Height Restriction language as proposed by the CRC in the resolution. Mayor Harris asked the Village Council by show of hands whether they support the friendly amendment proffered by Councilmember Burch. o Councilmember Castellanos- Aye o Councilmember Burch-Aye o Mayor Harris- Nay o Vice Mayor Marinberg- Nay o Councilmember Crutchfield- Nay The friendly amendment did not pass (2-3). 9 There being no further discussion, Mayor Harris called the question on the approval of the resolution as originally amended. The motion passed, with a 5-0 voice vote. Mayor Harris called for a brief intermission at 9:05 PM. The meeting resumed at 9:16 PM. 9) DISCUSSION AND POSSIBLE ACTION 9.A NOTIFICATION PROCEDURE FOR THE COMPREHENSIVE PLAN Village Manager Scott indicated staff has reviewed public notice requirements and identified a discrepancy related to the placement of the notice for the December 14 Comprehensive Plan public hearing. Village Clerk Rodriguez indicated the notice was published in the northwest section of the Neighbors insert of the Miami Herald. Village Clerk Rodriguez further highlighted several measures that will safeguard future notices. Village Attorney Johnston read F.S. 163 and 166 into the record. Ms. Johnston further explained the relevance of the statues in regards to the notices for the Comprehensive Plan. Assistant Village Manager Wilson stated there are a few options available to the Village Council in regards to proceeding with the Comprehensive Plan process in light of the discrepancy: Option1- Return to the LPA (Local Planning Agency) with FLUM and FLUE Option2- Re-notice ordinance on first reading Option3- Start over with 10 chapters at the LPA level. Village Attorney Johnston explained the amended ordinance does not have to return to the LPA at this point. However, such agency has requested review of the amended comprehensive plan. Vice Mayor Marinberg spoke in favor of re-noticing the ordinance on first reading. Mayor Harris spoke in opposition to the referring the ordinance to the LPA. Discussion ensued regarding the various options. Councilmember Crutchfield moved to re-notice the hearing on first reading, scheduling the meeting for February 21, 2023 and Councilmember Castellanos seconded the motion, which carried a 4-1 voice vote. Councilmember Burch voted in opposition. 10) MANAGER’S REPORT Village Manager Scott provided an update on operational matters. Village Manager Scott shared Police Chief Golt’s travel to Washington D.C. to meet with Senator Rick Scott for the State of the Union. 10 11) ATTORNEY'S REPORT No updates from Village Attorneys at this time. 12) ANNOUNCEMENTS Village Clerk Rodriguez sought guidance from the Village Council regarding early voting dates for the upcoming election, proposing April 1st or April 8th. Village Clerk Rodriguez referenced April 1st being April Fool’s Day and April 8th being a day of religious observance. Councilmember Crutchfield proffered April 8th for an early voting date. Reaching consensus, the Village Council agreed to host early voting on April 8th. Village Clerk Rodriguez read announcements into the record. 13) VILLAGE COUNCIL COMMENTS Mayor Harris expressed her desire to have additional displays and events in commemoration of Black History Month. Vice Mayor Marinberg gave a shout out to Black History Month. 14) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 10:07 PM. Village Council Meeting Time: 02-07-23 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 02-07-23 18:30 18 18 3 9 3 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 02-07-23 18:30 Agenda Name Comments Support Oppose Neutral 6) PUBLIC COMMENTS 5 0 3 2 7.B) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $1,000,000 FOR SEAWALL AND CONSTRUCTION IMPROVEMENTS AT BAYFRONT PARK; AUTHORIZING VILLAGE OFFICIALS TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). 2 2 0 0 8.B) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS OF PROPOSED AMENDMENTS TO THE VILLAGE CHARTER, IN ACCORDANCE WITH SECTION 6.03 OF THE MIAMI-DADE COUNTY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON APRIL 11, 2023; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR BALLOTING; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). 11 1 6 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 6) PUBLIC COMMENTS Overall Sentiment Guest User Location: Submitted At: 3:20pm 02-07-23 If the Council wanted a say in the work of the Charter Review Committee, then why didn’t they appoint an Ex- Oficio member to the Committee? The enabling language in the Resolution for the Committee allowed for it but the Village Attorney advised against it. Why was that? It is entirely disingenuous at this stage for the Council to suggest that revisions are needed or to reject some amendments outright. The Charter review process is for the residents to have a voice and a say in what happens in the Village. We are watching and will remember which Council members vote to have the voices of the residents heard. Please allow the residents the opportunity to vote on all of the proposed charter amendments. You trusted us to vote for you, so now trust us on the Charter. What are you afraid of? Sincerely, Dr. Pedro Bentley, Miami Shores resident Guest User Location: Submitted At: 2:15pm 02-07-23 I am writing to express my dismay with the alternative language proposed by the Council for the Charter Amendment dealing with the Sale and Lease of Village Property. Including a 10,000 sq. ft. threshold will allow the Council the opportunity to sell 9 smaller parcels of vacant land owned by the Village. These 9 parcels include 5 parking lots behind NE 2 Avenue that currently serve as a buffer between the commercial and residential zones. The Council promised that a buffer would always exist, but it appears that is not to be the case. Of the 9 parcels under 10,000 sq. ft., there is one that is directly in front of Vice Mayor Marinberg’s house that he could buy. It is clear that the will of the Council is to sell every vacant parcel for the benefit of developers despite the overwhelming objections of the residents. Leave the charter questions as they have been submitted by the Charter Review Committee and let the residents have their voice in the process. Thank you. Maribel Zegarra Stephen Zawadzkas Location: Submitted At: 1:00pm 02-07-23 Many of us voted on campaign promises. One of you on the council said: "If elected, I will support common sense proposals to facilitate the growth of local businesses; support and maintain the quality of life in our Village while keeping property taxes flat. I believe in a government that is accessible and responsive to its residents." I am concerned that the comp plan changes as written will either raise taxes or dilute current levels of service (especially public safety). I would like the consultants and / or the staff to provide these numbers. If they have not been calculated, why not? Legislation has been passed by the state to hamstring the Village when collecting impact fees. I do not see a scenario where this does not produce a net loss. Tax revenue is irrelevant if it leads to greater expenses. Why can we not calculate best / worse case numbers, particularly for the detailed proposal given for the Barry property? I'll happily stand corrected. My homeowners insurance has gone up 77% in 3 years, 50% since last year. This is a problem that affects all residents. Raising taxes right now would be hugely unpopular burden on the residents. If you don't believe me, how about a referendum question on the next ballot. Would you support comp plan amendments, as written, if your taxes would increase? Stephen Zawadzkas 10650 NE 10 CT John Ise Location: Submitted At: 9:42am 02-07-23 As was evidenced at the last Council meeting, moving Village elections is a simple, easy, cheap way for the Village to vastly improve the local democracy, vastly expand voter participation in local elections, vastly widen the diversity of the electorate, and routinely save the Village taxpayer a fairly significant amount of money. A quick review of election data presented at the last council meeting showed, per some back-of-the-napkin-math, that the Village’s April elections average a turnout of anywhere between 25% to 35% of the Village’s 7,500 registered voters. November elections, on the other hand, voter participation hovers anywhere between 60% to 80% (Presidential election vs. off-year election cycles). Average it out and the choice is between whether we want 30% of voters to determine Village leadership or 70%. Why this is controversial is just baffling. Moving elections to November equals more Village voters, better captures the diversity (in all manifestations) of the Shores’ electorate, widens the net of local democracy, and saves the Village about $20K/election. There have been some arguments against that may have some merit (Village issues/candidates would be lost in the cacophony of comingling of state/national issues/races…yet somehow, I suspect we’ll hit our quota of cacophony with THIS April’s election) to the ugly (we’d be better off having THOSE unengaged people not participate). In sum, our elections can become more inclusive and less exclusive. Jonathan Jerome Location: Submitted At: 4:38pm 02-06-23 Good Evening Miami Shores Village Council. As always, thank you for your tireless efforts. Two topics I wish to opine on during public comments. (Please note that my other comment in the system is item specific and I will not discuss it now so it will be read into the record later.) The first has to do with Confusion Corner - NE 94th Street and 4th Ave. This intersection is flat out dangerous. Someone very close to me got in a bad accident the other night. She stopped at her stop sign and then proceeded while someone coming from another direction went out of turn and totaled her car. I see it every day when I pass through there. Especially the east/west traffic thinking they have priority over the turning traffic. We need a better solution than stop-signs. A multi-lane roundabout would help reduce the amount of accidents and people not properly obeying the stop-signs. This is obviously my opinion, but we need to look to what is actually happening vs. relying on a traffic study from 2016. The second issue I wish to bring us is the need to pass an ordinance banning smoking (anything) at Bayfront Park. Miami Beach parks, Miami-Dade parks, even Central Park in NYC has banned smoking. By passing an ordinance, it will allow our police department to actually enforce stopping people from smoking - specifically pot. I don't care if people smoke - I really don't. I care that they do it by the bay and then get in their cars and drive through our neighborhoods - especially when I have little kids that are outside playing. Without this ordinance, there's not much that can be done. I would also appreciate more patrols by MSPD by the park especially after 10p. They do a great job of clearing out the park just after 10. But, people always come back and the patrols are not regular enough. Very appreciative of MSPD and their response when called. Would just love a little more proactive policing especially at night. Thank you. Agenda Item: eComments for 7.B) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $1,000,000 FOR SEAWALL AND CONSTRUCTION IMPROVEMENTS AT BAYFRONT PARK; AUTHORIZING VILLAGE OFFICIALS TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Overall Sentiment John Ise Location: Submitted At: 9:46am 02-07-23 It's great to hear that this grant has been secured for the rehabilitation of the seawall. It is my hope that this complements and does not supplant, the FIND grant so the Village general fund is used as little as possible. In addition, it's no secret of my interest in seeing that the water access element of the FIND grant is fully lived up to via a kayak launch, steps into the water (as the original seawall had), or a small watercraft boating dock. Jonathan Jerome Location: Submitted At: 4:47pm 02-06-23 I sincerely applaud the Village's efforts in seeking out alternative funding sources for the seawall project - perhaps even some that don't have certain requirements like the FIND grant. Inevitably this is going to stir everything up once again - especially in the Facebook groups. A few things to keep in mind: First, please note the face that I and others that live near the seawall did not start name calling or telling people that live near the proposed work downtown that were opposed to it Nimby's or anything like that. Second, we all have the same goal - to fix the seawall and create a great public space that we ALL can enjoy. Third, there are existing problems with the park that need to be addressed regardless of what happens. And lastly, I am just curious how many of the ardent supporters of a kayak launch actually own a kayak and/or will go out and purchase one to drive over if a launch was installed? Just remember what the goal is - to mitigate flooding by fixing an aging seawall. I'm grateful that the Village knows this and has been working on alternative solutions and funding sources. Thank you for that. Agenda Item: eComments for 8.B) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS OF PROPOSED AMENDMENTS TO THE VILLAGE CHARTER, IN ACCORDANCE WITH SECTION 6.03 OF THE MIAMI-DADE COUNTY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON APRIL 11, 2023; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR BALLOTING; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). Overall Sentiment Brisa Tapias Location: Submitted At: 3:26pm 02-07-23 I oppose the amendments proposed. These amendments do not enrich our village, we should be striving for transparency and making the village a better place to live. We have a right to have a say in the sale of village property and it should be in all of our interest to protect our natural resources. Guest User Location: Submitted At: 12:00pm 02-07-23 John Dunlap I am not comfortable with having council members who were selected by the current council and not the village residents making decisions that have such a dramatic impact on the future of the village. This current council in its actions and how they verbalize their positions are largely contrary to 90 percent of the attendees at council meetings. I strongly oppose this until such time we have another council election so that the people can speak and not a handful of individuals who seem to have a personal stake in passing this policy. Guest User Location: Submitted At: 9:23am 02-07-23 Is time to vote out the Vicemayor Marinberg , his posición and attitude towards OUR Village is in total disregard for the interest and posición of the people that he was elected To Serve. Guest User Location: Submitted At: 9:00am 02-07-23 I had voted and supported Vice Mayor Marinberg in the previous election, as well as Crystal Wagner. I am very, very disappointed to what they have done to the council. After such obvious popular objection to increasing residential density and introducing commercial uses into residential areas, they kept pushing it through in an undemocratic fashion. Not only it points the suspicion of CORRUPTION behind the scenes, but also it puts into question if we dont need MORE power to the residents. We cannot afford to experience what this previous council has done. We should go all the way to remove them, annul their previous undemocratic actions and litigate against them personally to make it very clear that we DO NOT accept these actions in our village. They have disrespected our charter, our votes and the mandate that they have narrowly received from us residents. We deserve better. Fabiano Silveira Aguilar - 9935 NE 13 Ave Guest User Location: Submitted At: 7:53am 02-07-23 Stephanie Daniel 273 NW 91 Street Let the voters and citizens determine the future of the village by allowing votes on all amendments. Residents should be able to determine the future character and style of the village. The residents of Miami Shores are very engaged and knowledgeable and should be allowed a vote on all 12 recommended amendments. William Serda Location: Submitted At: 9:05pm 02-06-23 Dear Village Commissioners. For the record, l, a citizen of Miami Shores Village, find the Commissioners proposal to pursue a massive development within the Village, as strongly contrary to the general acceptance of our citizens, strongly contrary to the wellbeing of our designed lifestyle and of suspect motivation, given the obvious objection by the majority of our citizens. If the Commission, which is obligated to serve the citizens, is pursuing so vigorously, against the will of the citizens, then what might be the motivation of the Commissioners, what has this radical Development Plan to offer that the general public/citizens cannot see or, are not aware. There must be clear answers and justification for the Commissioners to initiate and, ultimately, approve this Development Plan. Without convincing, clear, transparent and substantive answers - there will be significant inquiries and consequences. Unilateral and adverse action by the legal representatives of the people/citizens is cause for an obvious, "why". I implore the Commission to reconsider its direction and listen to the will of the people - and remember the content of your sworn Oath of Office. This situation has lifelong consequences - and our Commission is not in a good place - not on good solid ground. Thank you for your consideration. William Serda, 463 NE 100 Street, Miami Shores, FL Guest User Location: Submitted At: 8:26pm 02-06-23 How you can be on a council in a small village like ours, and feel like you can vote against the clear will of the people, is beyond my understanding. You know who you are. You should be ashamed of yourselves. Guest User Location: Submitted At: 6:47pm 02-06-23 Dear MSV Council, My name is Jeff Kamp and I have lived lived for 10 years in Miami Shores, within one block of the downtown MSV. I urge you to make the following changes to the charter amendments: There needs to be a Village wide vote on the sale and lease of Village owned property, when the value is over x (500k?) dollars, such as the Public Works property. There needs to be transparency and residents need to have a say. There needs to be a height restriction of 40 feet throughout Village. That allows up to 3 - 4 stories. Zoning and variances are too easy to get through. There also needs to be a parking buffer width NO LESS THAN the existing buffer for the NE 2 Ave areas to the residential properties. The Residency Requirement for MSV elections NEEDS to be 2 years. Let the residents decide! Stop being paralyzed by the fear of possible litigation WHEN THERE has NOT been any for MSV. Listen to the Committee and put forth their recommendations and let the residents vote on each one of them. You were elected to represent the residents who voted, NOT to vote for what will benefit you the most. Thank you for your dedication to MSV residents. Jeff Kamp Miami Shores, FL Guest User Location: Submitted At: 6:38pm 02-06-23 I am glad that the law requires several steps to be completed before the Comprehensive Plan is officially amended and on a timeline with several variables. Fortunately, Miami Shores residents will elect three new Council members on April 11th, 2023. HURRAH! The voice of this Village has been evident over the last several months, and the election will be our opportunity to elect council members who will represent our interests and OUR VOICE. Dr. Lyndon Godsall Guest User Location: Submitted At: 6:24pm 02-06-23 Beth Barteletti, MSV resident Public records show that Vice Mayor Marinberg began discussions about proposed commercial development in Miami Shores with his previous employer, the law firm Greenberg Traurig, immediately after taking office in April 2021. OUR VILLAGE IS NOT FOR SALE, VICE MAYOR. START LISTENING TO YOUR CONSTITUENTS!! Guest User Location: Submitted At: 5:51pm 02-06-23 We find ourselves in a very discomforting position given the latest news especially regarding those of vice mayor Marinberg and I think it is time he considers his stance strongly in this plan project. Our village is not for sale and you work for us. You don’t get to decide, we do.