Loading...
2023-04-4 Minutes 1 MEETING MINUTES APRIL 4, 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 6:38 PM) Councilmember Alice Burch Councilmember Wesley Castellanos Councilmember Timothy Crutchfield Also Present: Village Manager Esmond Scott Village Attorney Sarah Johnston Village Attorney Chanae Wood (Absent) Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS There were no changes to the order of business. 5) PRESENTATIONS 5.A FINANCIAL REPORT FOR THE PERIOD WHICH ENDED ON DECEMBER 31, 2022 (STAFF: FINANCE DIRECTOR). Finance Director Holly Hugdahl presented the financial report for the period ending on December 31, 2022. Mayor Harris voiced her appreciation for the update and the format of the presentation. 2 Councilmembers Castellanos and Burch praised Director Hugdahl and her staff. Village Manager Scott praised Village staff for their accomplishments over the last three months. 5.B RECOGNITION PRESENTED TO COUNCILMEMBER KATIA SAINT FLEUR IN HONOR OF HER DEDICATED SERVICE TO MIAMI SHORES VILLAGE. Former Councilmember Saint Fleur was not able to attend the meeting. In her absence, on behalf of the Village, Mayor Harris recognized former Councilmember Saint Fleur with a token of appreciation for her service. 5.C RECOGNITION PRESENTED TO COUNCILMEMBER CRYSTAL WAGAR IN HONOR OF HER DEDICATED SERVICE TO MIAMI SHORES VILLAGE. Mayor Harris thanked former Councilmember Wagar for her service and further listed her achievements as Mayor and then Councilmember. Jason Alderman thanked former Councilmember Wagar for her service and accomplishments. Giselle Kovak shared a story regarding former Councilmember Wagar and thanked her for her service. Vice Mayor Marinberg thanked former Councilmember Wagar for her service as a member of the Village Council, including the initiatives she spearheaded. Councilmembers Crutchfield and Castellanos thanked former Councilmember Wagar for her service and the amazing work Ms. Wagar has accomplished. Councilmember Burch praised former Councilmember Wagar for her service to the Village. Former Councilmember Wagar thanked the Miami Shores community for their support and Village staff for all their hard work. After her remarks, former Councilmember Wagar was presented with a token of appreciation. 6) PUBLIC COMMENTS Patrice Gillespie-Smith praised Councilmember Burch, and expressed gratitude for her decades of service to the community, and dedication to Miami Shores Village. Elizabeth Hitt praised the Village Council, Village Manager and Village Staff. Additionally, Ms. Hitt spoke in disapproval of the lack of decorum towards the Village Council. Alexander Rundlet echoed the sentiments of Ms. Hitt, and thanked the Village Council for their efforts toward making the Village a better place to live. Village Clerk Rodriguez read e-comments into the record. 7) CONSENT AGENDA Village Clerk Rodriguez read the captions of the consent agenda items into the record. 3 Vice Mayor Marinberg requested to pull item 7A from the consent agenda for discussion, stating the item deserves more attention, and would like Village Manager Scott to provide background information. Councilmember Burch moved to approve the consent agenda as amended, and Vice Mayor Marinberg seconded the motion, which carried a 5-0 voice vote. 7.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE AWARD OF REQUEST FOR PROPOSALS NO. 2022-09-01? MIAMI SHORES VILLAGE TOWING SERVICES; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE TOP RANKED PROPOSER, DOLPHIN TOWING & RECOVERY, INC. FOR A THREE-YEAR PERIOD, WITH TWO ONE- YEAR RENEWALS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: POLICE CHIEF). Village Manager Scott provided an overview of the item, in his summary Village Manager explained that historically the Village has relied on the same towing service for the last 28 years and has not been collecting any revenue from it. Village Manager Scott instructed the procurement officer to draft a RFQ which led to the Village securing the services of Dolphin Towing. There will now be a twenty-five percent (25%) admin fee that will be associated with involuntary towing, this will generate revenue for the Village going forward. Additionally, Village Manager Scoot thanked Village Staff for their assistance. In response to Vice Mayor Marinberg’s inquiry, Police Chief Golt stated 125 cars were towed in the last year. Mayor Harris and Vice Mayor Marinberg praised Village Manager Scott for his leadership. Additionally, Councilmember Burch praised procurement administrator Donna Rockfeld. Vice Mayor Marinberg moved to approve item 7A, and Councilmember Crutchfield seconded the motion which was approved with a 5-0 voice vote. 7.B APPROVAL OF THE MARCH 21, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 8) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGES CODE OF ORDINANCES BY AMENDING CHAPTER 11, HISTORIC PRESERVATION, CHAPTER 19, PLANNING, AND APPENDIX A ZONING TO CHANGE REFERENCES TO PLANNING BOARD? THROUGHOUT THE CODE TO PLANNING AND ZONING BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 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 opening remarks regarding the ordinance. Mayor Harris opened the floor to public comments. 4 Seeing as there was no public comment, Mayor Harris closed the public hearing. Councilmember Burch moved to approve the ordinance on second reading as amended, and Councilmember Crutchfield seconded the motion, which carried a 5-0 voice vote. 8.B 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 opening remarks, and sought Village Council feedback regarding the placement of additional language affecting the prohibition of construction work on Sundays. Additionally, Councilmember Burch asked her colleagues to opine about construction start times, proffering a change to 8:00 AM. Councilmember Castellanos spoke in favor of the 8:00 AM start time for construction for Sundays, further referencing that it was discussed during the last Village Council meeting. Vice Mayor Marinberg spoke in agreement with the change to 8:00 AM, Vice Mayor Marinberg spoke in opposition to moving the provision that discusses ‘(8) Construction equipment noise’ out of Section 15-104. Specific Noise Prohibitions. Councilmember Crutchfield spoke in favor of the 8:00 AM construction start time, and further stated it would be appropriate for weekends and weekdays. Village Attorney Johnston reiterated the previously discussed 8:00 AM start time affected Saturday construction. Additionally, Village Attorney Johnston proffered adding a subsection under the chart in Section 15-103. General Noise Prohibitions, which will reference an earlier section of the ordinance. Additionally, Village Attorney Johnston proffered adding clarifying language that addresses construction start times on Sundays and holidays. Vice Mayor Marinberg thanked the Village Attorneys for their work regarding this item. Mayor Harris opened the floor to public comments. Seeing there was no public comment, Mayor Harris closed the public hearing. Councilmember Crutchfield moved to approve the ordinance as amended, and Vice Mayor Marinberg seconded the motion, which passed with a 5-0 voice vote. 9) ORDINANCE ON FIRST READING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGES CODE OF ORDINANCES BY AMENDING CHAPTER 16, PARKS, RECREATION AND CULTURAL FACILITIES, TO PROHIBIT SMOKING IN PUBLIC PARKS; 5 PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 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 opening remarks regarding the ordinance, referencing the current smoking ban in Miami Beach. Additionally, Councilmember Burch spoke about enforcement and stated the current Village Council should refrain from taking any action as the ordinance as the proposed ordinance does not address the use of marijuana, and other cannabis products. Village Attorney Johnston recommended adopting two separate ordinances, one that addresses smoking in public parks and the other ordinance which bans hemp, marijuana, and other cannabis products. Further Village Attorney Johnston recommended passing the current item on first reading, and then consulting with Chief Golt to identify a place in the Code of Ordinance where a ban on marijuana/hemp would be prohibited. In response to Mayor Harris’s inquiry, as to why the smoking ban is not inclusive of marijuana, Ms. Johnston stated smoking marijuana is prohibited by state law. Additionally, Village Attorney Johnston reiterated her recommendation to separate the ordinances. Councilmember Crutchfield spoke in agreement with the Village Attorneys' recommendation. Mayor Harris opened the public hearing. Maria McGuiness spoke in favor of the proposed ordinance, and any ban that would address the nuisance and pollution that smoking presents within the Village. Mayor Harris closed the public hearing. Councilmember Crutchfield proffered adding clarifying language which highlights that unfiltered cigars are exempt from the definition of tobacco products pursuant state statutes. Village Attorney Johnston stated best practice is to ensure the proffered ordinance is readable and enforceable. Councilmember Burch stated individuals who are using marijuana at Bayfront Park and driving through the community, pose a risk to residents in the Village. Vice Mayor Marinberg spoke in favor of voting on the item as presented and thanked Councilmember Burch for bringing the item forward. Councilmember Burch moved to approve the ordinance as amended, and Councilmember Crutchfield seconded the motion which carried with a 5-0 voice vote. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A DISCUSSION REGARDING COMMENTS GOVERNMENT AGENCIES MADE IN RESPONSE TO THE VERSION OF THE COMPREHENSIVE PLANS FLUE AND FLUM SUBMITTED TO THE STATE ON JANUARY 23, 2023 (SPONSORED BY: COUNCILMEMBER TIMOTHY CRUTCHFIELD). 6 Councilmember Crutchfield began his opening remarks referencing the Comprehensive Plan and referred to responses received by the Village from Miami Dade County, and the Florida Department of Economic Opportunity (DEO). Councilmember Crutchfield sought to inform Village residents of the requirements that the proposed Comprehensive Plan must adhere to. Councilmembers shared their respective opinions regarding the comprehensive plan. No Village action was taken regarding this item. 11) MANAGER'S REPORT Village Manager Scott stated the costs associated with AV services have exceeded his spending threshold. Consequently, the Village Manager sought authorization to allocate additional funds to be used and to continue audio-visual professional services with FullMoon Creative, LLC until a formal solicitation can be issued and a recommendation of the award be brought for Council approval. Vice Mayor Marinberg moved to approve the request, seconded by Councilmember Burch. The motion passed with a 5-0 voice vote. Village Manager Scott referenced an audit that was conducted of the stormwater system. In 2021, the Village received a notice regarding deficiencies that needed to be addressed. FDEP asked the Village to prepare a memo indicating the amount the Village should pay. Mr. Scott further thanked Village Staff for their continued work regarding this matter. Vice Mayor Marinberg thanked Chief Golt and the officers for their hard work and dedication to the community. Mayor Harris thanked the Village Manager for promoting within the Police Department. Chief Golt talked about the accomplishments of the detectives and police at the Miami Shores Police Department and their efforts in helping to locate a missing adult female. 12) ATTORNEY'S REPORT There was no Village Attorney’s report. 13) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 14) VILLAGE COUNCIL COMMENTS Councilmember Burch spoke about Chester Morris, pioneer of DCS, and his dedication to the Miami Shores community and Doctors Charter School. She further announced the event which will honor Chester Morris. As an outgoing elected official, Councilmember Burch thanked the Village Council and its residents. Councilmember Crutchfield thanked Councilmember Burch for her service. As an outgoing member of the Village Council, he thanked the Charter Officers and staff for helping to bring him up to speed during his three-month tenure. Mayor Harris thanked Councilmember Crutchfield for his service. 7 Councilmember Castellanos thanked Councilmember Burch for her dedication and service. Councilmember Castellanos encouraged qualified electors to vote. Vice Mayor Marinberg had no comments. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:40 PM.