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2023-02-01 Workshop Minutes1 WORKSHOP MINUTES FEBRUARY 1, 2023 6:00 PM 9900 NE 2ND AVENUE 1) CALL TO ORDER Mayor Harris called the meeting to order at 6:02 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Mayor Sandra Harris Vice Mayor Daniel Marinberg (Via Zoom) Councilmember Alice Burch Councilmember Timothy Crutchfield Councilmember Wesley Castellanos ALSO PRESENT: Village Manager Esmond Scott Village Attorney Sarah Johnston Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) PUBLIC COMMENTS John Ise spoke in opposition to proposed Charter Amendment Section 11, which addresses single family housing. Additionally, Mr. Ise stated the Village should be more welcoming of multifamily housing. Julio Martinez spoke in favor of creating four “districts” within the Village and making each Councilmember a representative of a specific district. Lou Perez congratulated the Charter Review Committee for their hard work. Mr. Perez spoke in support of all the proposed charter amendments. 2 Nick Marion provided his professional background and stated that living in Miami Shores is feasible but it requires planning. Tina Krispin spoke in support of having elections held in April. Bekky Leonard spoke in opposition to having districts within the Village. Ms. Leonard spoke in support of standalone elections. Additionally, Ms. Leonard proffered that townhouses would be a more viable solution to addressing the housing needs in the Village. Toni McCormick spoke in favor of increasing the residency requirement from six months to two years. Additionally, Ms. McCormick spoke against the sale of municipal land, and endorsed the inclusion of restrictive measures in the Charter that will protect the single family home composition of Miami Shores Village. Hutch Gurevitz thanked the Charter Review Committee for their hard work and spoke in support of the proposed Charter Amendments. George Burch voiced his concern about the sale of publically owned land; additionally, Mr. Burch spoke about the environmental implications of selling the Public Works property. Robert Menge spoke in favor of the proposed Charter Amendments; additionally, he spoke in support of holding standalone elections. Janet Goodman spoke in support of the proposed charter amendments; Ms. Goodman additionally spoke in opposition to the Council amending the proposed amendments. Frederick Mueller spoke in support of the proposed charter amendments. Maria McGuiness referenced the former Village Attorney’s memo regarding the Village Charter amendment process; additionally, Ms. McGuiness spoke in support of the proposed charter amendments. Ed Quinton, chairperson of the Charter Review Committee (CRC), referenced the Committee conversation regarding election dates and the creation of special districts. He further indicated that consensus was reached amongst the committee regarding the standalone election in April, and abstaining from creating districts within the Village. Jesse Valinsky, member of the CRC, spoke in support of the April standalone election. Michael O’Hara, Vice chair of the CRC, called the Council’s attention to item 11, which he indicated was from the Comprehensive Plan; additionally, Mr. O’Hara spoke about the sale of municipal land provision. Pat Toomey thanked the CRC for their hard work and spoke in opposition to the Council adding charter amendments and changing the electoral process. Patrick Sullivan spoke in opposition to the Council amending any proposed charter amendments. 5) PRESENTATIONS 3 5.A PROPOSED 2022-2023 CHARTER REVIEW COMMITTEE ("CRC" or "Committee) FINAL RECOMMENDATIONS (STAFF: VILLAGE ATTORNEY). Village Attorney Wood provided an overview of the Charter Review Committee timeline. Additionally, Ms. Wood expanded on new topics concerning the election date and recall process. In light of the public comments, Vice Mayor Marinberg asked the Village Attorneys to expand on the Council’s authority in regards to potentially adding, amending, and/ or rejecting the recommended amendments proffered by the CRC. Responding to Ms. McGuiness’s comments, Village Attorney Johnston stated the memorandum as written by the previous Village Attorney does not definitively state whether or not the Council has the authority to amend the proposed Charter Amendments. Ms. Johnston further stated because the CRC is an advisory committee created by Council, the Village Council has more flexibility to further amend the proposals presented by the CRC. Village Attorney Wood continued her presentation introducing Section 1, and clause (n) of the Citizen Bill of Rights: (1) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administration management, to make government more accountable, and to ensure to all persons fair and equitable treatment, the following rights are guaranteed (n) Natural Resources and Scenic Beauty. It shall be the policy of the village to 116 conserve and protect its natural resources and scenic beauty, which policy shall 117 include the abatement of air and water pollution and of excessive and 118 unnecessary noise, whenever possible. Mayor Harris inquired about the inclusion of the Bill of Rights language as referenced above. Councilmember Crutchfield stated his concern about the inclusion of clause (n) in the Charter. Jesse Valinsky stated only one member of the CRC had an objection to the inclusion of clause (n) in the Charter. Councilmember Castellanos opined the term “scenic beauty” is broad and suggested that it should be removed. Councilmember Burch spoke in support of the language in Clause (n). Vice Mayor Marinberg stated this clause is already in the Comprehensive Plan. Councilmember Crutchfield, Vice Mayor Marinberg and Mayor Harris recommended the language be removed. Councilmember Burch recommended keeping it in and Councilmember Castellanos recommended editing it. Attorney Wood reminded the Council that no official action can be taken at this meeting, but if the Council directs the Village Attorneys to modify the language, they will include said revisions in the draft resolution that will be presented to Council at the February 7th, 2023 Village Council Meeting. 4. Election Affiliations. 4 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 reminded the Council that there are possible legal implications with this provision. Councilmember Crutchfield voiced concern with the language as presented. Councilmember Burch asked the Village Attorney to include revised language which will reflect that this provision is not applicable to endorsement material. Councilmember Crutchfield reiterated his concern. Jesse Valinsky stated the language was added to prevent individuals from running on slate or joint campaigns as a result of previous elections. Councilmember Crutchfield asked if the language has been included in other Charters, Village Attorney Wood stated this language has been included in other Charters except for the part which states: “... and shall refrain from issuing joint campaign literature”. Vice Mayor Marinberg spoke in opposition to this provision, and stated potential legal challenges would hurt the electoral process. Councilmember Burch stated expressed her support for the provision and further thanked the Village Attorney’s Office for their work. Vice Mayor Marinberg sought more clarity on what is being excluded and included in the provision. Village Attorney Wood reiterated the instructions given to her by the Council. Councilmember Crutchfield asked for more clarity regarding the language in the provision. Village Attorney Wood stated more clarity will be provided in the revisions. 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. 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 provided opening remarks regarding the provision. Ms. Wood deferred to the CRC regarding the intent of this provision. Chairperson Ed Quinton stated the individuals who have lived in Miami Shores for close to or more than two years will be better prepared to serve the residents of Miami Shores. Mayor Harris and Councilmember Burch spoke in support of the provision. Councilmember Crutchfield stated this provision would limit voter choice. Additionally, Councilmember Crutchfield and Councilmember Castellanos agreed with the 1-year residency requirement. 5 Mayor Harris asked Village Clerk Rodriguez what are the residency requirements for Committees, Village Clerk Rodriguez stated that Doctors Charters School and Sustainability and Resiliency Committee have no residency requirement. Additionally, Ms. Rodriguez stated that residency requirements can be waived by the Council. Vice Mayor Marinberg echoed the sentiments of Councilmember Crutchfield, and agreed with the 1-year residency requirement. Jesse Valinsky recommended adding an additional question on the ballot, whereby voters are given the option to choose between 1-year residency requirement or 2-year residency requirement. Further discussion ensued regarding the inclusion of the aforementioned ballot questions. The Council, having reached consensus, decided they will not include an additional question on the ballot. 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? Village Attorney Wood provided opening remarks. The CRC responded to public commentary regarding the sale and lease of municipal land and indicated the purpose of the provision is to add more protections, restricting long term leases and sale of municipal properties without public input. Mayor Harris spoke in support of including the language that references the sale of municipal property; however, she expressed opposition to including language affecting the lease of municipal property. Mr. O’Hara provided examples from the City Miami Beach regarding their leasing provisions. Chair Ed Quinton stated the CRC’s intent was to prevent long-term leases. Mayor Harris stated the lease provision as drafted could constrain the Village, and create more problems than it seeks to resolve. Vice Chair O’Hara recommended including a time limit on the lease: i.e. a 10-year lease as supposed to a 99-year lease. Vice Mayor Marinberg spoke in support of the provision affecting the sale of municipal property; Vice Mayor Marinberg spoke in support of putting a time limit on lease of properties. Councilmember Crutchfield voiced his concerns regarding the leasing aspects of the provision. Vice Chair O’Hara cited peer municipalities that have used similar language in their Charter. Furthermore, Mr. O’Hara advocated for the residents’ right to vote on said provision. Councilmember Castellanos spoke in favor of the provision affecting the sale of municipal property, and further expounded on the complexities of real estate transactions. Councilmember Burch spoke in support of the provision as presented, and the citizen’s right to vote on any lease agreement. 6 Mayor Harris stated she does not support the lease provision as drafted. Village Attorney Johnston stated her office has received direction regarding the new language to be drafted, and will present the Council with more alternatives at the next meeting. 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? Sec. 18. Prohibition on Interference. Neither the village council nor any of its members shall direct the appointment of any person to office or employment by the village manager, or in any manner prevent the village manager from using his or her own judgment in selecting those officers or employees which they are entitled to appoint or select under provisions of the village charter or other applicable rules and regulations. In the event the council or any member thereof gives a direct order to any subordinate of the village manager, either publicly or privately, which will require the expenditure of substantial time, the subordinate shall request authorization from the village manager or designee to proceed to act on the order. Should the authorization from the village manager or designee not be forthcoming, the subordinate shall take no further action with regard to the order of the council or councilmember. Nothing herein contained shall restrict the power of the council at regular or special meetings by formal motion, resolution or ordinance to establish policies and require compliance therewith by all personnel in the service of the village. Village Attorney Wood provided opening remarks. Discussion ensued regarding the proposed language. Jesse Valinsky stated the CRC reviewed multiple charters from peer municipalities, and the language in those charters were more restrictive than the language detailed above. Additionally, Mr. Valinsky stated the CRC settled on the proposed language because it provides more flexibility to the Council and Village Staff. Village Manager Scott stated he has not experienced any interference during his tenure in Miami Shores. Responding to Mayor Harris’s concern, Village Attorney Wood stated her office would change the language indicating “direct order” to reflect a softer tone. Responding to Vice Mayor Marinberg’s inquiry, Village Attorney Wood stated Charter Officers are not subject to this provision. There was no further discussion. 11. Growth Management. 7 Currently, the Village Charter does not include any restrictions in regard to growth management and development within the Village. Shall the Village Charter be amended to require that 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? Village Attorney Wood provided opening remarks. Vice Mayor Marinberg referenced a letter that questioned the legality of this provision. Village Attorney Wood stated the letter was in reference to the inclusion of height limitation. Ms. Wood further stated the Council may include such language and there is nothing legally barring the Council from doing so. Vice Chair O’Hara expressed concern with the commentary from the Council and referenced the Comprehensive Plan, stating the language is identical. Further Mr. O’Hara asked the Council why the language can be included in the Comprehensive Plan but not in the Charter? Discussion ensued regarding the inclusion of such language in the Village Charter when it’s currently in the Comprehensive Plan. Councilmember Burch spoke about the majority single family home composition in the Village. Village Attorney Wood listed the options that were given to the CRC: Proposed Growth Management Language Option 1: The Charter remains as is, without reference to growth management. Option 2: (In line with the proposed comprehensive plan language) Sec. 25. Growth Management. Future growth, development, and redevelopment shall minimize the intrusion of incompatible developments, buildings, or land uses into single-family residential areas. Option 3: Sec. 25. Growth Management. All future growth and development shall be compatible with the village's character and preserve its majority single-family home community. Councilmember Castellanos raised concern regarding the terminology included in the proposed language. Mr. O ’Hara recommended the Council rectify concerns with terminology and definitions by way of ordinance, and further advocated for the inclusion of Growth Management language to provide further protections. Vice Mayor Marinberg stated there are no issues with the language as it is written but should not be included in the Charter, and instead remain in the Comprehensive Plan. Jesse Valinsky stated the language as drafted was a result of public input, and further stated the CRC’s intent was to give residents a voice. Further Discussion ensued regarding the placement of such language. Village Attorney Wood reiterated the language in her memorandum, advising the CRC that Growth Management language should not be included in the Charter based on best practices. Additionally, Ms. Wood stated there is nothing barring this language from being included in the Charter but there are potential legal implications. 8 Mayor Harris, Vice Mayor Marinberg, Councilmember Crutchfield, and Councilmember Castellanos expressed opposition to the inclusion of Growth Management and Height Restrictions language in the Charter. Councilmember Burch spoke in support of both provisions. 12. Height Limitation. Currently, the Village Charter does not include any maximum height restrictions for future growth development, and redevelopment in the Village. Shall the Village Charter be amended to limit the height of the buildings or structures in the Village to forty (40) feet? In the previous item, Village Attorney Wood stated that height restriction provisions can be included in the Charter, but stated it is not best practice. Discussion ensued regarding the implications of the proposed language on existing structures that are over 40-feet in height. Councilmember Crutchfield raised concerns regarding height restriction language in the Charter, as it may lead to litigation. There was no further discussion. Election & Voter Turnout Report Village Attorney Wood began her opening remarks. Mayor Harris explored the idea of expanding the composition of the Village Council to seven (7) members. Village Attorney Wood stated the CRC explored the idea and came to the conclusion that five (5) was an appropriate amount of seats given the population of the Village. There was no further discussion. Vice Mayor Marinberg cited voter turnout numbers and advocated for future elections to be held in November to increase voter turnout. Discussion ensued regarding the merits of holding elections concurrent with the primary or general elections. Councilmember Crutchfield stated he saw both sides of the argument. Mayor Harris, Councilmember Burch and Councilmember Castellanos spoke in support of standalone elections. Vice Mayor Marinberg indicated he will revisit the item in the future. There was no further discussion. 6) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:26 PM.