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2023-03-21 Minutes 1 MEETING MINUTES MARCH 21, 2023 6:30 PM 9900 NE 2ND AVE 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: Mayor Sandra Harris Vice Mayor Daniel Marinberg (Arrived 6:49 PM) 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 There were no changes to the order of business. 5) PRESENTATIONS 5.A PRESENTATION ON RACE TO ZERO PROVIDED BY: CLAUDIA HASBUN, PLANNING & ZONING DIRECTOR. Planning and Zoning Director Claudia Hasbun provided an overview of the International Council for Local Environmental Initiatives (ICLEI) framework and methodology for Green House Gas (GHG). Director Hasbun provided next steps for Miami Shores Village regarding initiatives detailed in her presentation. 2 Councilmember Burch asked Director Hasbun if she has met with leadership in other municipalities regarding their action plan(s) for the Race to Zero Initiative; Director Hasbun stated there are multiple municipalities within this cohort and they have been sharing best practices amongst each other. In response to Councilmember Crutchfield’s inquiry, Director Hasbun provided updates regarding the phases and current status of the Race to Zero initiative. Additionally, Director Hasbun thanked FAU intern Antonio Augello for providing research and data entry assistance. In response to Mayor Harris, Director Hasbun recommended the action plan be reevaluated every three to five years. Village Manager Scott thanked Village staff and the FAU intern for their dedication to this project. 6) PUBLIC COMMENTS Bekky Leonard announced the Miami Property Owner's Association Candidates Forum at the Miami Shores Country Club on March 22 at 7PM. Robert Menge complimented staff on the Race to Zero initiative. He noted the major contributor to greenhouse gas emissions is due to traffic congestion and density. Mr. Menge stated the proposed Noise Ordinance needs more community input. Mary Benton referenced the article in the Washington Post regarding climate change. She thanked Village staff for their hard work on sustainability and resiliency measures. Hutch Gurevitz spoke about the noise ordinance not addressing leaf blowers. He further spoke about the possibility of asking the DEO to postpone the review process until after the April 11th election. Elizabeth Cowen spoke in opposition to the Comprehensive Plan. Ms. Cowen expanded on an interaction with Vice Mayor Marinberg. Nancy Dowson spoke about the importance of listening to residents. Ms. Dowson inquired about the potential consequences associated with not submitting the comprehensive plan in a timely manner. Additionally, Ms. Dowson stated she is not in favor of the Comprehensive Plan as amended. Sarah McSherry spoke in support of the smoking ban at Bayfront Park. Ms. McSherry further spoke about idling vehicles at Bayfront Park which contribute to greenhouse gas emissions. Peter Hosfeld spoke in opposition to the comprehensive plan. Maria McGuiness spoke in support of the proposed smoking ban at Bayfront Park. John Ortega spoke in support of the proposed smoking ban at Bayfront Park. Pat Toomey spoke in support of the Race to Zero initiative, but noted how increased density may affect the initiative. 3 Patrick Sullivan spoke in opposition to the comprehensive plan. Dennis Peña spoke in opposition to the tone directed at the Village Council and urged for increased decorum. Eddie Lewis spoke in opposition to the comprehensive plan and advocated for more transparency from the Village Council. Village Clerk Rodriguez read e-comments into the record. 7) APPROVAL OF THE MINUTES 7.A APPROVAL OF THE FEBRUARY 21, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Crutchfield requested an amendment to the meeting minutes to reflect the following change under Council Comments: “Councilmember Crutchfield had no comments.” instead of “Vice Mayor Marinberg had no comments.” Councilmember Burch moved to approve the minutes as amended, and Councilmember Crutchfield seconded the motion, which carried a 5-0 voice vote. 7.B APPROVAL OF THE MARCH 7, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Mayor Harris requested an amendment to the meeting minutes to reflect under Managers Report the following change: “Deputy Village Manager Wilson” in lieu of “Assistant Village Attorney Wilson.” Vice Mayor Marinberg moved to approve the minutes as amended, and Councilmember Burch seconded the motion, which passed with a 5-0 voice vote. 8) ORDINANCE(S) ON FIRST READING- 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING CHAPTER 4 ALCOHOLIC BEVERAGES, CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, CHAPTER 10 HEALTH AND SANITATION, CHAPTER 15 OFFENSES, AND CHAPTER 17 PEDDLERS AND SOLICITORS TO AMEND NOISE REGULATIONS AND CREATE ARTICLE IV NOISE CONTROL PROVIDING FOR CONSOLIDATED NOISE REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Village Clerk Rodriguez read the caption of the ordinance into the record. Councilmember Burch provided an overview of the item, indicating the purpose is to consolidate the various sections of the Village Code that reference noise. Village Attorney Johnston elaborated on the existing language and proposed changes. 4 Village Attorney Johnston noted a scrivener's error under the section entitled “General Noise Prohibitions” (on line 352) which should reflect “8:00 a.m. -12:00 p a.m. weekends and holidays.” Responding to Councilmember Burch, Village Attorney Johnston clarified the use of decibel readers is an objective standard to assist designated employees with enforcement, particularly with, but not limited to repeat violators. Councilmember Burch asked about the inclusion of a definition for the duration of the noise. In response, Village Attorney Johnston clarified such definition was omitted on purpose to emphasize the importance of the sound level over the duration of the noise. Councilmember Crutchfield recommended excluding Sundays from the paragraph pertaining to Section 8) Construction equipment and activity. In response, Vice Mayor Marinberg recommended adding an additional hour on Saturday should the Village Council remove Sundays. Mayor Harris proposed the following time on Sundays: 10am-6pm with Saturdays from 8am-6pm and weekdays 8am- 7pm. Discussion ensued regarding construction work versus yard work related noises. On line 383, Vice Mayor Marinberg asked about including language concerning firework-related noise on the Fourth of July. Village Attorney Johnston mentioned Florida Statutes has a carve out for New Years and July 4. However, the Village Manager may establish noise-related exemptions for such holidays. To Section 8) Construction equipment and activity. Line 386, Vice Mayor Marinberg recommended adding the phrase “that generates noise” as there are relevant activities that do not generate noise, such as painting. With respect to line 405, Vice Mayor Marinberg recommended adding “or by the Village” to exempt Village events from the noise ordinance. With respect to Section 15-108. Enforcement and Penalties, Village Attorney Johnston indicated such section would be revised to include clarification regarding the fines applicable to repeat violations. Vice Mayor Marinberg recommended stricter regulations for short-term vacation rentals. Village Attorney Johnston indicated research would need to be conducted on such matter. Councilmember Castellanos recommended adding "may" instead of “shall” under the construction section to provide Code Enforcement Officers with professional discretion: “A Village Police Officer or Code Inspector who finds a violation of this article shall issue a citation to the violator requiring correction of the violation and shall may impose a fine in the amount of $250.00 for which the violator shall be liable.” Councilmember Crutchfield recommended adding the time referenced in the statutory language affecting Subsection (7) Firearms or explosives, specifically as it relates to Fourth of July and similar holidays. Councilmember Crutchfield recommended defining “fully enclosed structure.” Councilmember Castellanos recommended amending the language which references “Code 5 Enforcement Department” to reflect the current department name, “Neighborhood Services.” Vice Mayor Marinberg thanked the Village Attorneys for their hard work. Mayor Harris opened the floor to public comments: Sarah McSherry spoke in support of the item, specifically as it relates to construction noise. She further spoke about adding a definition for duration or consider removing the term from the document. Maria McGuiness spoke in opposition to construction noise on Sundays. Carmen Renick spoke in opposition to construction noise on Sundays. Councilmember Crutchfield asked about distinguishing commercial construction vs residential construction. Village Attorney Johnston clarified the importance of focusing on noise as opposed to the type of activity. Councilmember Crutchfield withdrew his suggestion with respect to adding language to specify that General Provisions are not limited by Section 15-104, as there are proposed call-outs in reference to exceptions. Councilmember Burch moved the ordinance on first reading as amended and Vice Mayor Marinberg seconded the motion, which carried a 5-0 voice vote. 8.B 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 AND EXTENDED BY ORDINANCE NO. 2022-09, FOR AN ADDITIONAL SIX (6) MONTHS OR UPON FINAL APPROVAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENTS THROUGH THE REQUIRED APPEAL PERIOD, WHICHEVER IS EARLIER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). Village Clerk Rodriguez read the caption of the Ordinance into the record. Village Attorney Johnston provided opening remarks and gave an overview of the item. Mayor Harris voiced support for ending the moratorium. Responding to previous public requests for traffic studies, site plans and other data regarding prospective developments, Councilmember Crutchfield spoke in support of ending the moratorium as this will allow prospective applicants to compile and submit such data as part of the application process. In his opening remarks, Vice Mayor Marinberg addressed public comments regarding the Comprehensive Plan and spoke in support of lifting the moratorium. Councilmember Burch spoke in support of extending the moratorium until the Village has completed the review of the Comprehensive Plan and is ready to entertain future projects. Councilmember Castellanos spoke in favor of lifting the moratorium for the purpose of allowing 6 prospective applicants to submit site plans which will allow residents the opportunity to view the requested data and studies. Mayor Harris opened the floor to public comments. Maria McGuiness referenced previous Village Council meetings regarding the Comprehensive Plan, and further spoke in opposition to lifting the moratorium. George Burch urged the Village Council to listen to residents, stating that soliciting applications too early would possibly render it non-conforming in light of the ongoing Comprehensive Plan process. Additionally, Mr. Burch urged the Village Council to not take any Council action until after the election. Andrew McIntosh expressed his displeasure with the Village Council, and spoke in opposition to the Comprehensive Plan. Peter Hosfeld stated the Comprehensive Plan has been mishandled, and asked the Village Council to postpone the item until after the election. Andrew Bellinson urged the Village Council to postpone any action until after the election. Councilmember Castellanos proffered a friendly amendment, extending the moratorium to three months instead of six months. Councilmember Castellanos moved to extend the moratorium for three months, and Councilmember Burch seconded the motion. This item failed due to a 2-3 voice vote. Mayor Harris, Vice Mayor Marinberg, and Councilmember Crutchfield voted in opposition. Vice Mayor Marinberg moved to reject the proposed ordinance to extend the moratorium, and Councilmember Crutchfield seconded the motion, which carried a 3-2 voice vote. Councilmember Burch and Councilmember Castellanos voted in opposition. 9) DISCUSSION AND POSSIBLE ACTION 9.A DISCUSSION AND POSSIBLE ACTION ON CALLING FOR A SMOKING BAN AT BAYFRONT PARK (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch provided an overview of the item regarding a smoking ban at Bayfront park in response to concerns from residents and park visitors over constant marijuana and cigarette usage. Vice Mayor Marinberg spoke in support of banning smoking at all Village-owned parks. Councilmember Crutchfield raised concerns regarding the expansion of a smoking ban beyond Bayfront park. Councilmember Castellanos spoke in support of the proposed smoking ban. Mayor Harris spoke in support of the proposed smoking ban at all Village-owned parks. Additionally, Mayor Harris cautioned against Council action that may potentially lead to increased interactions amongst police and park visitors. 7 Further discussion ensued regarding the enforcement of the smoking ban and the substances that will be prohibited. The Village Council reached consensus and directed the Village Attorneys to draft an ordinance banning smoking in all Village-owned parks. 10) MANAGER'S REPORT In response to the letter received from the Department of Economic Opportunity (DEO) regarding the Comprehensive Plan, Village Manager Scott indicated such letter is in reference to the first submittal of the ordinance which passed on first reading in December 2022. Therefore, staff is waiting on DEO to respond to the second submittal. In the interim, staff will present the ordinance as amended to the Planning Board for discussion. Village Manager Scott provided operational updates. Additionally, Village Manager Scott thanked Antonio Augello, the FAU intern for his assistance on the Race to Zero Initiative in Miami Shores. 11) ATTORNEY'S REPORT Village Attorney Johnston provided updates. Village Attorney Wood extended an invite to a Women’s History Month event taking place at 6:00 PM on March 27, 2023 at the Miami Shores Country Club. 12) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 13) VILLAGE COUNCIL COMMENTS Councilmember Burch provided details about her meeting with the Downtown Stakeholder Committee and the Fine Arts Commission. Additionally, Councilmember Burch thanked Assistant Village Manager Wilson for her assistance in coordinating the event. Councilmember Crutchfield provided details regarding his conversation with a prospective developer interested in the parcel of land on NE 105th St and Biscayne Blvd. Additionally, Councilmember Crutchfield encouraged community dialogue regarding the parcel of land and its future usage designation. Councilmember Castellanos spoke about the upcoming April Village Council election and urged residents to practice social media etiquette and have conversations with the candidates directly as supposed to relying on information shared on social media. Vice Mayor Marinberg encouraged the candidates in the upcoming April Village Council election to be transparent. Additionally, Vice Mayor Marinberg addressed ongoing rumors circulating throughout the Village. Mayor Harris addressed misinformation regarding the lease of the public works land, and clarified a rumor regarding her conduct at an earlier Village Council meeting. 8 14) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:40 PM.