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2023-01-17 Minutes1 MEETING MINUTES JANUARY 17, 2023 6:30 PM 9900 NE 2ND AVENUE 1) CALL TO ORDER Vice Mayor Marinberg called the meeting to order at 6:34 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Wesley Castellanos (Sworn in after Item 6A) Councilmember Timothy Crutchfield Mayor Sandra Harris (Absent) ALSO PRESENT: Village Manager Esmond Scott Village Clerk Ysabely Rodriguez Village Attorney Sarah Johnston Village Attorney Chanae Wood 4) ORDER OF BUSINESS Councilmember Burch requested to have Item 9A discussed in companionship with Agenda Item 8A. There was consensus amongst the Village Council to amend the order of business. Police Chief Golt introduced the new emotional support dog, Troy, for the Miami Shores Police Department. 5) PUBLIC COMMENTS 2 Anne-Camille Hersh spoke on behalf of the Fine Arts Commission, and extended an invitation to a concert on January 20th, 2023. Tim Duerkop stated he would prefer the individual who will be appointed to Village Council to clearly state their position on the Comprehensive Plan. Maria McGuiness requested the Village Council undertake the decision making process consistent with the mission, vision and key initiatives of the Miami Shores Village Strategic Plan. Sarah McSherry announced an event that will take place on January 28, 2023 involving the Sustainability and Resiliency Committee at Brockway Memorial Library. Village Clerk Rodriguez read the e-Comments into the record. 6) APPOINTMENT TO VACANT OFFICE OF COUNCILMEMBER 6.A APPOINTMENT OF A NEW COUNCILMEMBER TO SERVE ON THE VILLAGE COUNCIL UNTIL APRIL 11, 2023 (SPONSORED BY: MAYOR SANDRA HARRIS). APPOINTMENT OF A NEW COUNCILMEMBER TO SERVE ON THE VILLAGE COUNCIL UNTIL APRIL 11, 2023 (SPONSORED BY: MAYOR SANDRA HARRIS). Village Clerk Rodriguez provided opening remarks regarding the electronic method of voting to assist the Village Council in filling vacancies. As outlined in the memorandum from the Office of the Village Clerk, should the Village Council choose to proceed with the scored system, voters assign a score to their top three (3) candidates. Unlike a Preferential (ranked) voting system, the scores do not have to be unique between the available choices. Village Clerk Rodriguez stated an alternative system is available in the event the Village Council prefers to cast an electronic vote for one person. Councilmember Crutchfield opined he would rather do a “simple vote” for the first round of voting and, in the event of a tie, he would be more inclined to use the scoring method for subsequent rounds. Village Council opened the floor to the candidates in attendance; five minutes were allotted to each Candidate for introductions: Andrew Bellinson introduced himself and spoke about the charm of Miami Shores Village and his love for the community. Mr. Bellinson advocated for the growth of Miami Shores, and stated it can be done subtly all while maintaining the charm of Miami Shores Village. Wesley Castellanos began his introduction by referencing his professional and personal background. He stated his familiarity with Comprehensive Plans, and working with elected officials. He stated his goal is to make Miami Shores even more beautiful and reiterated his desire to work with Village staff and Council. Dianne Fischer introduced herself and referenced her professional and personal background along with her military service. Ms. Fischer went on to cite Village Council actions in the last two years she views as “unpopular”. Ms. Fischer emphasized the importance of public trust, and advocated for her selection to the Village Council. Toni McCormick introduced herself and spoke in favor of increased citizen participation, and the 3 Citizen Bill of Rights model that has been proposed by the Charter Review Committee. Robert Menge introduced himself and spoke about his professional background and extensive work history in government. He further stated his professional experience would help the Village Council make informed decisions regarding the environmental implications of future development projects in the Village. Mr. Menge spoke in opposition to the Comprehensive Plan, and emphasized that, if selected, he would use data to inform his decision-making regarding development in Miami Shores Village. Vice Mayor Marinberg opened the floor to public comments. Village Clerk Rodriguez read e-comments into the record. Hutch Gurevitz spoke in support of Toni McCormick and Dianne Fischer. Nancy Dowson stated the Village Council should select a candidate who has been a long time resident of Miami Shores. Anne-Camille Hersh spoke in support of Dianne Fischer and stated the individual who is selected should represent the will of the people. Eddie Lewis spoke in opposition to the Village Council filling vacancies at this juncture. Mr. Lewis advocated for the postponement of the Comprehensive Plan and Charter Review considerations until after the election in April. Councilmember Burch opened her remarks by speaking favorably of Robert Menge, namely his experience and community involvement. Councilmember Burch thanked all five of the candidates for expressing interest in the vacancy. Councilmember Crutchfield thanked candidates for applying. Vice Mayor Marinberg echoed the sentiments expressed by Councilmember Crutchfield. Vice Mayor Marinberg moved to begin the process of voting; however, due to technical difficulties, there was consensus amongst the Village Council to forgo the electronic voting method and cast a voice vote. Village Clerk Rodriguez indicated majority vote is required to appoint a candidate. Upon concluding the first round of voting, the following candidates received nomination(s): Council Voting Results Vice Mayor Marinberg Wesley Castellanos Councilmember Burch Andrew Bellinson Councilmember Crutchfield Wesley Castellanos As no candidate received majority vote, Councilmember Crutchfield moved to appoint Wesley Castellanos to fill the vacancy on the Village Council, and Councilmember Burch seconded the motion, which passed unanimously. Wesley Castellanos thanked the Village Council and provided brief remarks. Vice Mayor Marinberg asked the Village Council if they would like to proceed with the 4 installation of Mr. Castellanos. Responding to Councilmember Burch’s inquiry, Village Clerk Rodriguez indicated she is able to print and administer the oath of office at the will of the Council. Vice Mayor Marinberg asked Mr. Castellanos if he is prepared to occupy the Councilmember seat today. Village Attorney Johnston clarified Mr. Castellanos may not abstain from voting if he is sworn-in today. Mr. Castellanos indicated he is prepared to vote as he has reviewed the agenda and spoke to staff about individual items. Village Clerk Rodriguez administered the Oath of Office and Wesley Castellanos was sworn in to fill the vacant Councilmember seat until April 11, 2023. Councilmember Castellanos joined the Village Council on the dais. 7) CONSENT AGENDA Village Clerk Rodriguez read the caption of all item listed under the consent agenda. Councilmember Crutchfield moved to approve the consent agenda and Councilmember Burch seconded the motion which carried a 4-0 voice vote. 7.A APPROVAL OF THE DECEMBER 28, 2022 SPECIAL MEETING MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 7.B A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2022-04-01 ENGINEERING AND ARCHITECTURAL DESIGN SERVICES FOR MIAMI SHORES VILLAGE BAYFRONT PARK? IN AN ESTIMATED AMOUNT OF $376,670; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC WORKS DIRECTOR). PASSED ON CONSENT. 7.C A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AND ADOPTING THE PROGRAM FOR PUBLIC INFORMATION (?PPI?) DOCUMENT, AND FLOOD INSURANCE COVERAGE IMPROVEMENT PLAN; AUTHORIZING VILLAGE OFFICIALS TO EXECUTE AND IMPLEMENT THE NECESSARY DOCUMENTS AND PROGRAM PLANS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: NEIGHBORHOOD SERVICES DIRECTOR). 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 VILLAGE COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS 5 ELEMENT, PURSUANT TO SECTION 163.3177(6), FLORIDA STATUTES (2023); PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of items 8A and 9A into the record. Planning and Zoning Director Claudia Hasbun provided updates, and further recommended the adoption of the ordinance. Councilmember Burch advocated for the revision of the proposed ordinance to reflect the Property Rights Element as indicated in her memorandum: Objective 2: Includes the right to participate with minimum standards. 2.1 covers the types of decisions, 2.2 necessitates public hearings, along with A: any affected person and B: no one person or entity has a right to be heard more than another. 2.3 includes a mailing of notice requirement of at least 30 days within a Council-decided number of feet from the affected area, and 2.4 would allow the public to be a part of a pre-application meeting. Objective 3: Sets standards 3.1 For Comprehensive Plan amendments OR Zoning changes, 3.2 requiring a majority-plus-one vote for these important changes, and 3.3 includes the right to evaluate proposed decisions over no less than 10 days. Vice Mayor Marinberg opened the public hearing. Sarah McSherry stated the public notice for the July 13th Village Council meeting was not published 10 days in advance of the public hearing. She provided an affidavit of publication to the Village Council. Maria McGuiness opposed the property rights element as presented on second reading. Maria McGuiness urged the Village Council to vote against the second reading and instead adopt the “enhanced” property rights element as recommended by Councilmember Burch. Jeffrey Saadeh urged the Village Council to approve the proposed property rights element as presented by staff. Toni McCormick stated she would appreciate the Village Council implementing a super majority vote for drastic changes. Hutch Gurevitz expressed concern about Councilmember Castellanos taking official action the same day he was appointed. Vice Mayor Marinberg reminded Mr. Gurevitz that public comments are limited to Items 8A and 9A. Jesse Valinsky spoke in support of the ‘1000 Friends of Florida’ property rights model and urged the Village Council to include it in the Village Comprehensive Plan. Carter McDowell urged the Village Council to move forward with the ordinance as approved on first reading. Nancy Dawson posed questions about the legality of the Village Council’s voting process. Dianne Fischer spoke in support of the ‘1000 Friends of Florida’ property rights model. Village Clerk Rodriguez read the e-comments into the record. 6 Village Attorney Johnston clarified public notice requirements, citing F.S. 163.3184 relative to F.S. 166.041. Councilmember Burch spoke in support of ‘1000 Friends of Florida’s’ public notice recommendations. Councilmember Crutchfield and Vice Mayor Marinberg both spoke in support of improving the notice requirement for property owners in the Village Zoning Code. However, both spoke in opposition to including the enhanced property rights elements as proffered by Councilmember Burch in the Village Comprehensive Plan. Vice Mayor Marinberg read into the record House Bill (HB) 59. Vice Mayor Marinberg stated the Village has already considered the “statement of rights” as presented in the aforementioned House Bill. Vice Mayor Marinberg posed a question to Village Staff regarding the language peer municipalities have utilized. Director Hasbun stated there are currently no municipalities that have used exact language from the ‘1000 Friends of Florida’ model in whole. Ms. Hasbun stated the majority of the municipalities that she canvassed utilized language provided by the Department of Economic Opportunity (DEO). Councilmember Crutchfield inquired if the language from the ordinance that passed on first reading was from the DEO, to which Ms. Hasbun stated that the language was in fact from the DEO. Councilmember Burch expressed concern on behalf of residents regarding the way in which the Comprehensive Plan has been noticed. Councilmember Castellanos requested a brief synopsis from Director Hasbun as to why she has recommended the passage of Item 8A. Director Hasbun provided regulatory background. Village Attorney Wood read into the record that House Bill 59 was the applicable legislation for this item discussion. There being no further discussion, Councilmember Crutchfield moved to adopt the ordinance as presented and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION REGARDING THE MIAMI SHORES VILLAGE COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT- A REVISION ON SECOND READING (SPONSORED BY: COUNCILMEMBER ALICE BURCH). This item was heard in conjunction with 8A. 9.B PROPOSED 2022-2023 CHARTER REVIEW COMMITTEE ("CRC" or "Committee) FINAL RECOMMENDATIONS (STAFF: VILLAGE ATTORNEY). Village Attorney Wood provided an overview of the objectives, timeline and topics discussed during the Charter Review Committee. The following members of the Charter Review Committee were present: Chair Ed Quinton, Vice Chair Michael O’Hara, Mr. Jesse Valinsky, Mr. Judson LaCapra and Mr. Michael Bell. Chair Quinton, on behalf of the Charter Review Committee, presented the Committee’s recommendations to the Village Council. 7 Vice Mayor Marinberg thanked the Charter Review Committee for their hard work, and opened the floor to public comment. Jeffery Saadeh expressed his gratitude to members who served on the Charter Review Committee. Mr. Saadeh spoke in opposition to a proposed height limitation of 40 feet. Carter McDowell stated it would be inappropriate for the Village Charter to include a height restriction especially one which is substantially lower than many existing building structures within the Village. Mr. McDowell further stated language regarding height restrictions should be relegated to the Village Comprehensive Plan or zoning ordinances. Mr. McDowell encouraged the Village Council to take more time before voting to review the proposed text amendments and ballot questions. Vice Chair of the Charter Review Committee, Michael O’Hara, expressed gratitude to his fellow Committee members for their diligence. Mr. O’Hara spoke in support of the Bill of Rights and emphasized its importance. Mr. O’Hara voiced his support for Amendment 7 (Sale and Lease of Municipal Property) and Amendment 12 (Height Limitation). Additionally, Mr. O’Hara advocated for a special meeting to give the Village Council more time to review the proposed amendments. Maria McGuiness expressed gratitude to the Charter Review Committee, and gave background on existing structures in Miami Shores that are currently over 40 feet. Nancy Dowson spoke in support of Proposed Charter Amendment 7 (Sale and Lease of Municipal Property). Bekky Leonard spoke in support of most of the Proposed Charter Amendments; additionally, Ms. Leonard stated she would prefer to see the inclusion of a 30 feet height limitation as supposed to the proposed 40 feet. In closing, Ms. Leonard thanked the Charter Review Committee for their dedication. Toni McCormick expressed gratitude to the Charter Review Committee. Additionally, Ms. McCormick stated the survival rates of individuals who live on the “third floor” are much lower than individuals who live on the first and second floor. Village Clerk Rodriguez read e-comments into the record. The public comment period was closed. Councilmember Crutchfield stated he would prefer to go through the recommendations ‘question by question’. Councilmember Burch proffered a workshop, as it would give the Village Council more time to review the proposed amendments and gauge public input. Further discussion ensued regarding prospective workshop dates. Having reached consensus, the Village Council agreed to hold a Council workshop on February 1st, 2023 at 6:00 PM to discuss the recommendations proposed by the Charter Review Committee. Bill of Rights: Currently, the Charter does not include a Bill of Rights. The Committee proposed amending the Charter to include a Citizen’s Bill of Rights that encourages citizen participation within Village government. This recommendation was submitted by the Ad Hoc Charter Advisory Committee to the CRC and the Committee agreed and approved of the proposed recommendation. Note, we advised the CRC that the Miami Dade County Bill of Rights is applicable to municipalities; however, some municipalities choose to include it in their Charters. Vice Mayor Marinberg asked the Village Attorneys whether the proposed Citizen Bill of Rights (BOR) has been incorporated in Miami Dade County’s code of ordinances, to which Village Attorney Wood answered in the affirmative. 8 Village Attorney Wood stated there is a possibility to reference the BOR in the Village Charter. Mr. O’ Hara explained the Charter Review Committee decided to forgo the inclusion of said reference in the Village Charter because certain elements contained within the County’s BOR lacked applicability to Miami Shores Village. Individual Councilmembers inquired about the inclusion of 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. There was discussion regarding potential legal implications that may arise with the inclusion of said language in the Village Charter. Discussion ensued regarding the utility of adopting such language in the Charter as opposed to leaving it in the Village Comprehensive Plan. Mr. O’Hara made reference to multiple municipalities having language similar to clause (n) in their respective Charters. Chair Quinton opined the inclusion of such language may present a burden on the Village. Village Attorney Wood reiterated possible legal exposure can arise; however, there are “newer” charters, such as Miami Lakes, that use similar language. Village Attorney Wood stated adoption of such language into the Village Charter would be more difficult to change. Vice Mayor Marinberg spoke about lower levels of voter turnout during April (standalone) election cycles and emphasized the need for more voter participation. Vice Mayor Marinberg posed a question to Village Clerk Rodriguez about the difference in cost for running an election in April as supposed to conducting the election in concurrence with primary or general elections. Village Clerk Rodriguez stated the cost savings for running an election concurrent with the general election or primary election is approximately $15,000. Mr. O’Hara stated the CRC discussed elections and decided there were no changes needed. Councilmember Crutchfield indicated having an election in April gives voters the opportunity to focus on important issues pertaining to Miami Shores Village, as opposed to the general election where voters might be “overwhelmed” by the length of the ballot. Councilmember Castellanos spoke in support of maintaining the standalone elections in April. Councilmember Burch spoke in support of standalone elections, stating that it leads to a heightened sense of community and camaraderie. Vice Mayor Marinberg proffered discussing the item further during the February 1st Workshop, to which the Village Council unanimously agreed. Election Affiliations: During public comment, it was suggested that the Committee review Election Affiliations. The Committee reviewed sample language and recommended that the Charter be amended to require Village candidates to run independently from any other Village candidate and refrain from issuing joint campaign literature. We advised the Committee that there may be legal implications as a result of the prohibition on issuing joint campaign literature. Vice Mayor Marinberg asked the Village Attorneys if there are any legal implications associated with Sec. 5. (7): Each person running for elected office shall run independently of any other village candidate, and shall refrain from issuing joint campaign literature. Village Attorney Wood stated that there are potential legal implications with the language, specifically the “prohibition on campaign literature”. Village Attorney Wood stated other municipalities have used similar language regarding joint elections and slate campaigns; however, the CRC proposed inclusion of prohibiting campaign literature. Mr. Valinsky explained the rationale behind the inclusion of the “prohibition on campaign literature” was in response to the public comment received during the CRC meetings. Vice Mayor Marinberg stated he is not in support of this measure, explaining such measure will hinder a person’s ability to run for elected office in the Village. Councilmember Burch indicated to Vice Mayor Marinberg that language regarding affiliation is included in several peer municipal charters. Chair Quinton expressed the intent of the CRC is to prohibit individual candidates with similar campaign literature running as a slate due to issues caused in previous election cycles. Councilmember Crutchfield expressed concern with the proposed prohibition on campaign literature, and further stated it can present hurdles for candidates and the Village. 9 Residency Requirement: The CRC discussed the different residency requirements between elected officials and board members in the Village. After reviewing sample charter provisions, the Committee voted to recommend that the Charter be amended to change the six-month residency requirement for elected officials to a minimum of two years. Our office advised the CRC that if it moves forward with two-year requirement, the Village may be exposed to a legal, as there are some opinions that raise concerns such qualification requirement. Vice Mayor Marinberg posed a question to the Village Attorneys regarding the use of a 2-year residency requirement. Village Attorney Wood referenced case law that struck down a 2-year residency requirement at the county level. Village Attorney Wood indicated the Florida Supreme Court has upheld a durational residency requirement of 1-year for local elections. Vice Mayor Marinberg spoke in support to a 1-year residency requirement based on the legal analysis provided by the Village Attorneys. Councilmember Crutchfield spoke in opposition to a 2-year residency requirement, stating such measure would restrict voter choice and limit the number of candidates. Mr. Valinsky stated the CRC reviewed the case law provided by the Village Attorneys in addition to examining residency requirements from other municipalities. The CRC concluded the likelihood of a resident pursing litigation against Miami Shores Village because of the 2-year residency requirement would be unlikely. Councilmember Burch spoke in favor of the 2-year residency requirement. Vice Mayor Marinberg commented on the recall initiative and referendum provisions. Vice Mayor Marinberg stated the provisions are outdated and implored the Village Council to look into the population and voting data of Miami Shores during the last referendum in 1994; he further asked the Village Attorneys to take a look at raising the threshold for petitions that trigger the recall of ordinances for Council discussion. Prohibition on Interference: After reviewing sample municipal Charters, the CRC discussed prohibitions on the Council’s interference with the Village Manager’s appointment, removal or management of Village employees. The CRC solicited input from the Village Manager and voted to recommend approval to amend the Charter 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. However, the Council and its members may direct Village Manager Staff, if the task does not lead to an expenditure of substantial time. The CRC proposed that the current Ballot question be amended. Our office will advise Council accordingly at the January 17th meeting as to the options for revised language. There being no discussion regarding the inclusion of prohibition on interference language, Vice Mayor Marinberg moved on to the next item. 7. Sale and Lease of Municipal Property: The Committee discussed and recommended amending the Charter 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. Our office advised the Committee that this provision would not be applicable to any current leases that the Village may have previously entered into. Vice Mayor Marinberg asked for the language regarding Sale and Lease of Municipal Property to be workshopped. Mr. O’Hara spoke in support of the voter’s right to choose whether or not a property is leased or sold in the Village. Charter Review Amendments: The Committee noticed that the Village Charter does not specify a time-frame for when the Charter must be reviewed by a Charter Review Committee. Therefore, it recommended that the Village Council appoint a Charter Review Committee as necessary, but not to exceed ten (10) years 10 commencing from the effective date of the Charter amendment Discussion ensued regarding amending the proposed language. Vice Mayor Marinberg proffered the following change to the language regarding Charter Review Committees: “The Village Council shall appoint a charter committee as necessary but not to exceed every ten years from the prior charter review committee first commencing from the effective date of this charter provision.” Village Attorney Wood stated her office will work on clarifying the language. Growth Management: The Committee expressed an interest in growth management measures that could be implemented in the Charter. The CRC requested staff present information, outlining the current and proposed land use and zoning regulations in the Village. After a thorough discussion, the CRC recommended that the Charter be amended to require all future growth, development, and redevelopment in the Village be compatible with and preserve the Village's character as a single-family home community, and minimize the intrusion of incompatible development or land uses onto single-family residential areas Vice Mayor Marinberg spoke in opposition to Growth Management language, as its current inclusion in the Comprehensive Plan allows for flexibility, but its inclusion in the Village Charter is more limiting. Mr. Valinsky stated the premise of the inclusion of growth management language is to preserve and further safeguard the majority single family composition of the Village. Councilmembers Crutchfield and Castellanos opined that residents for years to come would have a hard time responding to pressing issues because of the restrictive nature of this provision. Height Limitation: In line with the Growth Management discussion materials, the CRC recommended that the Charter include a height restriction of 40 feet for all building or structures constructed in the Village. Our office advised the Committee that the inclusion of land use/zoning regulations in municipal Charters could potentially expose the Village to litigation Vice Mayor Marinberg voiced concerns about height limitation language in the charter. Director Hasbun stated the language as drafted would render certain new or existing properties as non-conforming. Village Attorney Wood stated there are potential legal implications in the event this language is adopted. Mr. O’Hara stated the CRC proposed this language in response to resident concerns. Mr. O’Hara thanked the Village Council for including the Charter Review Committee in their discussion. Councilmember Burch thanked the CRC for their hard work. Mr. Valinsky thanked the Village Council and his Committee members. There was no further discussion. 10) MANAGER'S REPORT 10.A DISCUSSION AND POSSIBLE ACTION REGARDING LEGISLATIVE PRIORITIES (STAFF: VILLAGE MANAGER). Village Manager Scott referenced a memorandum sent to the Village Council, detailing seven initiatives which would be a priority in the upcoming Legislative Session: 1. Belvedere Drive Stormwater Drainage Design and Construction 2. Grand Concourse Curb and Gutter Replacement 11 3. Implement Traffic Safety Measures 4. Village-wide Septic to Sewer Conversion Plan and Implementation 5. Village-wide Stormwater Plan 6. Septic to Sewer Implementation Tie-In 7. Doctors Charter School Gymnasium/EOC Improvement Councilmember Burch posed questions to Village Manager Scott regarding which of the initiatives were more likely to have success in the upcoming legislative session. Village Manager Scott stated the lobbyist representing Miami Shores Village has not stated which initiatives will be looked at favorably but they are hopeful about future infrastructure projects. Further discussion ensued regarding the list of initiatives that Village Manager Scott detailed in the memorandum. Councilmember Burch opined that her top three (3) on the list are: Belvedere Drive Stormwater Drainage Design and Construction, Village-wide Stormwater Plan, and Doctors Charter School Gymnasium/EOC Improvement. Councilmember Castellanos stated that he would like more time to review the contents of the memorandum, but enumerated his preference: Doctors Charter School Gymnasium/EOC Improvement, Grand Concourse Curb and Gutter Replacement, Village-wide Septic to Sewer Conversion Plan and Implementation, Implement Traffic Safety Measures. Councilmember Crutchfield stated he believes all the legislative initiatives are a priority. Vice Mayor Marinberg stated the priority should be: Belvedere Drive Stormwater Drainage Design and Construction, Village-wide Septic to Sewer Conversion Plan and Implementation, Village-wide Stormwater Plan, Doctors Charter School Gymnasium/EOC Improvement. There was no further discussion regarding this item Village Manager Scott turned his report over to Police Chief Golt who introduced two items pertaining to the Miami Shores Police Department: A new three wheeled police vehicle, and a report detailing the lower crime rate during the past holiday season. 11) ATTORNEY'S REPORT No report from Village Attorneys. Councilmember Burch thanked Village Attorney Wood for her diligence during the Charter Review Committee meetings. 12) ANNOUNCEMENTS Councilmember Burch offered no comment. 12 Councilmember Castellanos expressed that he has the best interest of the Village in mind and thanked the Village Council for the appointment. Councilmember Crutchfield welcomed Councilmember Castellanos, and thanked the Charter Review Committee. Vice Mayor Marinberg echoed the sentiments of other Councilmembers. 13) VILLAGE COUNCIL COMMENTS 14) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 11:05 PM. Village Council Meeting Time: 01-17-23 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 01-17-23 18:30 22 17 11 4 1 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Village Council 01-17-23 18:30 Agenda Name Comments Support Oppose Neutral 5) PUBLIC COMMENTS 6 3 2 1 6.A) APPOINTMENT OF A NEW COUNCILMEMBER TO SERVE ON THE VILLAGE COUNCIL UNTIL APRIL 11, 2023 (SPONSORED BY: MAYOR SANDRA HARRIS). 5 4 1 0 8.A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT, PURSUANT TO SECTION 163.3177(6), FLORIDA STATUTES (2023); PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). 3 1 1 0 9.B) PROPOSED 2022-2023 CHARTER REVIEW COMMITTEE ("CRC" or "Committee) FINAL RECOMMENDATIONS (STAFF: VILLAGE ATTORNEY). 3 3 0 0 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 5) PUBLIC COMMENTS Overall Sentiment max sturman Location: Submitted At: 3:23pm 01-17-23 I'm Max Wolfe Sturman residing at 107 ne 96 street. I am personally insulted that a sitting Miami Shores Village Council member attempted to publicly expose one of our long standing Village residents with information that could have only been obtained illegally, as this information had been previously expunged from the record. I am also extremely disappointed that the Village attorney failed in his duties to prevent this accusation to be heard. Publicly attacking our neighbor was inexcusable and an abuse of power by our Council member and was totally inappropriate. Our Village Council members need to represent our residents in a professional, friendly and positive manner at all times and owes a public apology to the Village. Guest User Location: Submitted At: 3:05pm 01-17-23 Why did John Ise, Chairman of the Recreation Board refer a resident inquiring on the Miami Shores Village Community Facebook page to Biscayne Park to start a basketball class? Since there is availability at our own basketball courts at the community center at the moment, couldn’t something be done to accomodate them? Why are we telling our own residents to bring their ideas and their children to Biscayne Park? He should worry more about the recreation center than the comprehensive plan and Barry university. The name of the resident requesting assistance was Ana Hanssen. Regards, Sonia Rocio, resident Guest User Location: Submitted At: 2:48pm 01-17-23 Giselle Kovac 290 ne 98th st I am writing in support of Wesley Castellanos for the council’s vacant seat. Additionally I encourage the council to approve the Property Rights Element as proposed by the Village Planning and Zoning Director. Thank you to all council members and staff for your hard work and dedication. Guest User Location: Submitted At: 1:37pm 01-17-23 The meeting minutes from the January 3, 2023 Village Council Meeting are missing from the agenda. Why were the minutes from this meeting not included? There were many important items included at that meeting that need to be documented. Sincerely, Joe Pembroke Guest User Location: Submitted At: 11:02am 01-17-23 My name is Doug Turkel (tur-KELL). My wife and I have lived in the Shores for over 27 years, and we're thrilled to have raised our family here. I am writing in strong support of Andrew Bellinson to fill the council seat of Crystal Wager. I have known Andy for 20 years, and he is one of the most thoughtful, caring and intelligent people I have the pleasure of knowing. As a family man, his love for his wife and his children is second to none. His love for this village is indisputable, and I know how important it was for him to raise his family in a community like ours, where we care deeply about each other and our neighbors. As a successful attorney and businessman, Andy has the insight, tenacity and vision to think both inside and outside the box, with his clients' best interest always top of mind. Andy has the ability to communicate his vision effectively. And just as significantly, he understands the importance of listening...truly listening, when people need to be heard (which seems to be an under appreciated skill these days). We would be lucky to have someone with his thoughtfulness, rationality and values, serve as a member of the Miami Shores Village Council. Guest User Location: Submitted At: 9:39pm 01-15-23 As a resident of Miami Shores, I strongly support Mr. Wesley Castellaños to fill the council seat recently vacated by Ms. Crystal Wagar. As an architect/general contractor, chair of the Village’s Historic Preservation Board, and long-term resident, Mr. Castellaños is uniquely qualified to serve in this capacity. I urge the Councilmembers to support Mr. Castellaños for this opportunity. Respectfully submitted, Michael Bell Agenda Item: eComments for 6.A) APPOINTMENT OF A NEW COUNCILMEMBER TO SERVE ON THE VILLAGE COUNCIL UNTIL APRIL 11, 2023 (SPONSORED BY: MAYOR SANDRA HARRIS). Overall Sentiment max sturman Location: Submitted At: 3:09pm 01-17-23 I'm Max Wolfe Architect residing at 107 ne 96 street. My family has lived in this area for 42 years, I've coached baseball at the rec center, been a scout master, and served on the P & Z Board - because Miami Shores has always represented quality village & family living. Most importantly, I have had the opportunity to work alongside many neighborhood individuals, including Mr. Robert Menge, who has always supported Miami Shores. I strongly urge the Council to select Robert Menge as a Miami Shores Village council member. Mr. Menge supports positive neighborhood growth, which is inevitable everywhere in South Florida. He supports transparent, measured & disciplined planning efforts, including complete community involvement. His vast experience coordinating local, county, state and federal agencies with environmental and infra-structural issues and his local experience with planning and zoning for commercial and residential project impacts uniquely qualify Mr. Menge for our Village Council membership. In particular, he will be able to review and guide the Village Council concerning the development and resolution of our Comprehensive Plan issues and impacts. Please support Mr. Menge’s application to serve on the Village Council. John Timinsky Location: Submitted At: 3:04pm 01-17-23 Dear Honorable Mayor and Council Members, Please consider Mr. Robert MENGE to fill the vacant Council Member position. I truly believe Mr. MENGE can bring balance to our City Council with his decades of experience in environmental science and engineering. Thank-you, John Timinsky Guest User Location: Submitted At: 2:13pm 01-17-23 Since the Council is scheduled to vote on a replacement council member tonight the Charter Review item should be reviewed at a special meeting to ensure the full participation of all council members. I doubt that all of the candidates were given the opportunity for agenda review for tonight’s meeting. We cannot expect a newly appointed member to vote on such an important issue within a hour of their appointment. Thank you. Colman Branston Alejandro Barreras Location: Submitted At: 11:47am 01-17-23 I'm writing to support the candidacy of Wesley Castellanos to serve on the council. Mr. Castellanos is a dedicated resident who has served the Village well, and whose professional experience will be very valuable on the council. Alejandro Barreras 437 NE 102 Street Guest User Location: Submitted At: 6:44pm 01-15-23 My name is Jeffrey Saadeh and live at 261 NE 102nd St. I would like to recommend the appointment of Wesley Castellanos to the village council. Due to his his previous service to the Village as chair of the MSV Historic Preservation Board, and as a resident and business owner, Wesley will make an excellent addition to the board. With his knowledge and expertise acquired as a licensed architect and general contractor, Wesley is uniquely qualified to help the Village navigate through the Comprehensive Plan and Zoning discussions, and make the best decisions possible for the entire Village community. Thank you for your time. Agenda Item: eComments for 8.A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE COMPREHENSIVE PLAN BY ADDING A PROPERTY RIGHTS ELEMENT, PURSUANT TO SECTION 163.3177(6), FLORIDA STATUTES (2023); PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Overall Sentiment max sturman Location: Submitted At: 3:25pm 01-17-23 I'm Max Wolfe Architect residing at 107 ne 96 street. I do NOT support the PROPERTY RIGHTS ELEMENT of the Comprehensive Plan as presented. This PROPERTY RIGHTS ELEMENT protection, as required by Florida State law, must be amended to apply to ALL property owners of Miami Shores, not just Barry University. My family has lived here for 42 years, I've coached baseball at the rec center, been a scout master, and served on the P & Z Board - because Miami Shores has always represented quality village & family living Neighborhood growth, which is inevitable everywhere in South Fl, requires transparent, measured & disciplined long range planning efforts with complete community involvement Privately, I have been the architect for many projects with developers and owners who have successfully created neighborhood aspirational goals for their communities This council was elected to represent the villagers and our lifestyles, dreams and families, period It's also very disappointing that this process has been nudged forward by Village Staff who do not live in or have a stake in Miami shores It appears that this council had pre-determined goals and objectives prior to ever beginning this process of "correction of errors" in the Comp Plan, which makes us wonder what is happening behind the scenes This comp plan should absolutely be a “what's best for the entire community comp plan” - not what's best for highest economic, density, and traffic growth plan Please consider what you're voting on very seriously Ronnie Guillen Location: Submitted At: 3:15pm 01-17-23 Ronnie Guillen, 230 NE 102 Street. If nothing else the Village has been consistent with its non-compliance of the public notice requirements. First, and once again, the notice requirements are jurisdictional and strict compliance is required. For meetings of the local planning agency, which includes Planning and Zoning but also this Council when acting in its role as the local planning agency, the pertinent statute requires ten-day notice for every single meeting where any amendment to the comprehensive plan is being considered during the planning stage. The notice for the July 13, 2022 meeting of the Planning and Zoning Board in which the property rights element was considered was published with less than 10 days notice. During the transmittal stage, i.e first reading, the notice statute further contemplates that the item to be considered and voted on, in this case the property rights element, will be available for public inspection at least 7 days before the transmittal meeting. The notice for the July 19, 2022 council meeting on first reading of the property rights element was published on July 12, 2022; but Planning and Zoning did not meet to consider the property rights element until the evening of July 13, 2022. So the property rights element which council considered on first reading simply could not have been available for public inspection for the requisite number of days. Lastly, for today’s meeting, the notice has once again fallen short of the statutory requirement. In the past, Miami Shores has always posted notice of meetings for comprehensive plan amendments in a newspaper of general circulation, i.e. the Miami Herald. For tonight’s meeting, the notice was published in the Daily Business Review – a newspaper geared to the legal profession and which does not qualify as one of general circulation. The applicable statute also specifically states that the notice cannot be published in the portion of the newspaper where legal notices and classified advertisements appear. But that is what Miami Shores did for the notice of tonight’s meeting. Alejandro Barreras Location: Submitted At: 11:53am 01-17-23 I support the adoption of this ordinance adding a property rights element to the comprehensive plan. The objective and policies outlined here comprehensively protect the rights of property owners. I find the language of the other ordinance to be vague, broad and excessive; with the potential to lead to unnecessary delays and obstructions. Alejandro Barreras 437 NE 102 Street Agenda Item: eComments for 9.B) PROPOSED 2022-2023 CHARTER REVIEW COMMITTEE ("CRC" or "Committee) FINAL RECOMMENDATIONS (STAFF: VILLAGE ATTORNEY). Overall Sentiment Guest User Location: Submitted At: 2:08pm 01-17-23 I am writing in support of the charter amendments, especially regarding the sale of village real estate and the 40 foot height limit for new buildings. The residents may not have had a vote on the Comp Plan, but the Council can give the residents their right to vote on these initiatives and to have their voices heard on the future of Miami Shores. Please vote to include all of the amendments on the next election ballot. Thank you. Colman Branston Guest User Location: Submitted At: 1:47pm 01-17-23 I would like to thank the Charter Review Committee for their dedication and hard work reviewing the Charter and proposing amendments. I am 100% in favor of adopting all of the proposed amendments and I urge the Council to give the residents a voice in the future of the Village. Also since there are so many amendments to review and little public outreach on the specifics, please consider holding a special meeting to review them with the residents. The review of the Village Charter was long overdue and I believe the proposed amendments should be discussed openly to gain maximum input. Sincerely, Joe Pembroke Daniel Brady Location: Submitted At: 12:18pm 01-17-23 I had taken the opportunity to attend and watch by ZOOM several meetings of the charter review committee. I found the committee to be thoughtful in there discussions and had a keen sense of the Village. The Council should be congratulated for appointing such a strong group of volunteers. The resolution you have before you tonight reflects the work of the committee. The recommendations are well founded and improve the Village’s Charter. They reflect a reasoned and cautious review of the current Charter and make sound recommendations. I strongly encourage the Council to approve the Charter update as presented in the resolution. I believe that three items are of particular importance and urge you to adopted them as presented. The citizens bill of rights makes it clear that the will of the people should be the guiding principle in making government policy, no matter what level of government. The recognition in the Charter that decisions regarding the sale or leasing Village owned property rests with the residents of the Village (through a referendum), will take a way an ongoing concern of many resident regarding the future of village assets. Finally, at creation of maximum height for building structures in the Charter, would give residence comfort that a fixed standard would be enacted, and not subject the whims of developers. Thank you for your attention, and approve the resolution as presented on the agenda.