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2023-05-02 Minutes1 MEETING MINUTES MAY 2, 2023 6:30 PM 9900 NE 2ND AVE 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:34 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Present: Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Daniel Marinberg (present via Zoom) Also Present: Village Manager Esmond Scott Village Attorney Sarah Johnston Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Responding to Mayor Burch’s inquiry regarding the order of business, Village Clerk Rodriguez added a presentation item to recognize members of the Doctors Charter School Debate Team. Village Clerk Rodriguez further stated she received a request to pull Item 6C from the consent agenda for discussion purposes. Mayor Burch pulled all items off the consent agenda. Councilmember Harris moved to approve the order of business as amended and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 2 Mayor Burch indicated the members of the debate team would be present at the next meeting. 5) PUBLIC COMMENTS Robert Menge thanked the existing Council and offered his time and expertise to assist the Village Council with the comprehensive plan. Patrizia Bonaduce congratulated the new Council and invited the Council and residents to attend the various events hosted by the Historic Preservation Board (HPB) in honor of Historic Preservation Month. Jeffrey Saadeh congratulated the new Council and spoke in opposition to Items 9B, 9C, and 9D. Victor Bruce volunteered to serve on the Ad Hoc Comprehensive Plan Committee. He further raised concerns regarding the size of waterlines in Miami Shores. Giselle Kovak spoke in opposition to Items 9B, 9C, and spoke in support of Item 9G. Pat Toomey congratulated the new Council and spoke about increased voter turnout. He further spoke about the appeal and character of Miami Shores properties. Dennis Leyva spoke in support of addressing the inconsistencies contained within the Comprehensive Plan. Maria McGuiness congratulated the newly elected Council and spoke in support of Item 9C. Ms. McGuiness reminded the Council of the specifics concerning the list of FIND Grant criteria. Tim Crutchfield spoke in opposition to reinstating the moratorium. Joseph Raia spoke in opposition to Items 9B, 9C, and further spoke about SB102 which may have an effect on Miami Shores Village. Eddie Lewis thanked the voters for their participation in the 2023 Miami Shores Village Council Election. He further suggested adding public comments at the end of the agenda in addition to the beginning. Village Clerk Rodriguez read eComments into the record. 6) CONSENT AGENDA Village Clerk Rodriguez read the captions of the consent agenda items into the record. 6.A APPROVAL OF THE APRIL 18, 2023 INSTALLATION CEREMONY MINUTES (STAFF: VILLAGE CLERK). Vice Mayor Valinsky moved to approve item 6A, and Mayor Burch seconded the motion which was approved with a 5-0 voice vote. 3 6.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI SHORES VILLAGE, BY AND THROUGH ITS POLICE DEPARTMENT, AND THE MIAMI- DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE (MDCACP) - FIRST RESPONDER MENTAL WELLNESS INITIATIVE FOR THE PURPOSE OF PARTICIPATING IN THE REGIONAL FIRST RESPONDER PEER SUPPORT TEAM PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: CHIEF OF POLICE) Vice Mayor Valinsky moved to approve Item 6B, and Mayor Burch seconded the motion carried a 5-0 voice vote. 6.C A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE FLORIDA INLAND DISTRICT WATERWAYS FOR ASSISTANCE 2017 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR THE BAYFRONT PARK IMPROVEMENT PROJECT PHASE IA; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: VILLAGE MANAGER) Mayor Burch began his opening remarks by providing background on the FIND Grant; he further elaborated on the implications of accepting the FIND Grant based on his understanding. Additionally, Mayor Burch proffered potentially setting up a mechanism that would solicit the opinions of residents regarding the FIND Grant. Village Manager Scott indicated the last day to submit the grant application is May 15, 2023, asking direction from the Council to submit the grant application. Vice Mayor Valinsky posed questions to the Village Manager regarding the FIND Grant. Responding to Vice Mayor Valinsky, Village Manager Scott confirmed the kayak ramp is not under consideration. Village Attorney Johnston stated that staff will have to conduct more research regarding ownership and any restrictions related to the property. Ms. Rodriguez read eComments into the record. There were no in-person public comments. Vice Mayor Valinsky moved to approve item 6C, Councilmember Charles seconded the motion, which was approved with a 5-0 voice vote. 6.D A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI-DADE COUNTY, THROUGH THE MIAMI-DADE POLICE DEPARTMENT, AND MIAMI SHORES POLICE DEPARTMENT FOR SHARING LICENSE PLATE READER (LPR) DETECTION DATA AND HOTLISTS ON INSIGHT LPRS PLATFORM, FOR AN INITIAL TERM EXPIRING ON JANUARY 7, 2025; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE THE RENEWAL AND TERMINATION PROVISIONS CONTAINED THEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: CHIEF OF POLICE) Councilmember Charles moved to approve the ordinance on first reading and Mayor Burch seconded the motion, which carried a 5-0 voice vote. 4 7) ORDINANCE(S) ON FIRST READING- 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CODIFYING AMENDMENTS TO THE VILLAGE CHARTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEYS). Village Clerk Rodriguez read the caption of the ordinance into the record. Village Attorney Wood noted a scrivener’s error, starting on line 211, due to formatting. The corrected version was circulated to the Village Council and reads as follows: Sec. 23. 6. Elector's qualifications. Any person who has resided continuously in the village for a minimum of one (1) year immediately preceding the date of such filing to qualify for the election, has been a resident of Miami Shores Village for six (6) months, who registers in the procedural manner prescribed by general law and the ordinances of the Miami Shores Vvillage, and who has qualified as an elector of this state, shall be a qualified elector of the Miami Shores Vvillage. Mayor Burch opened the public hearing; as no one present approached the lectern to speak, Mayor Burch closed the public hearing. Vice Mayor Valinsky moved to approve Item 7A on first reading and Councilmember Charles second the motion, which carried a 5-0 voice vote. 8) VILLAGE COUNCIL APPOINTMENTS 8.A APPOINTMENT OF ONE COUNCIL MEMBER TO THE GENERAL EMPLOYEE PENSION BOARD. Vice Mayor Valinsky moved to nominate Councilmember Charles to the General Employee Pension Board and Mayor Burch seconded the motion, which carried a 5-0 voice vote. . 8.B APPOINTMENT OF A COUNCIL REPRESENTATIVE AND AN ALTERNATE REPRESENTATIVE TO THE MIAMI-DADE LEAGUE OF CITIES. Vice Mayor Valinsky moved to nominate Mayor Burch and Councilmember Charles seconded the motion which carried a 5-0 voice vote. Councilmember Charles moved to nominate Vice Mayor Valinsky as an alternate, and Mayor Burch seconded the motion, which carried a 5-0 voice vote 8.C APPOINTMENT OF A COUNCIL REPRESENTATIVE TO THE FLORIDA LEAGUE OF CITIES. Mayor Burch moved to nominate Councilmember Harris to the Florida League of Cities, and Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 5 8.D APPOINTMENT OF A COUNCIL REPRESENTATIVE TO THE GREEN CORRIDOR DISTRICT BOARD OF DIRECTORS. Vice Mayor Valinsky moved to retain the current representative on the board, former Councilmember Alice Burch, subject to her acceptance, and Councilmember Harris seconded the motion, which carried a 5-0 voice vote. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION REGARDING CODIFICATION AND REGISTRATION OF THE MIAMI SHORES VILLAGE SEAL (SPONSORED BY: COUNCILMEMBER SANDRA HARRIS). Councilmember Harris provided opening remarks, advocating for the codification and registration of the existing seal in light of a recent infraction involving the Village seal. Councilmember Harris moved to direct the Village Attorneys to draft an ordinance, adopting the Village seal, and Mayor Burch seconded the motion, which carried a 5-0 voice vote. There was no further discussion. 9.B DISCUSSION AND POSSIBLE ACTION ON INSTITUTING RULES OF ORDER, LIMITING COUNCILMEMBER DISCUSSIONS TO TWO ROUNDS, FIVE MINUTES EACH ROUND, PER AGENDA ITEM (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch deferred the item as proposed and further asked members of the Council to review the proposed rules of order as presented during the meeting for discussion at the next Council Meeting. Village Attorney Johnston stated her office would provide recommendations for the next meeting regarding rules of order. There was no further discussion. 9.C DISCUSSION AND POSSIBLE ACTION ON DIRECTING THE VILLAGE ATTORNEYS TO DRAFT AN ORDINANCE, IMPOSING A TEMPORARY MORATORIUM ON THE ACCEPTANCE, REVIEW AND CONSIDERATION OF APPLICATIONS FOR REZONING AND/OR FUTURE LAND USE MAP AMENDMENTS, PROVIDING AN EXCEPTION FOR SINGLE-FAMILY PROPERTIES (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch introduced the item, indicating the duration of the proposed moratorium will not exceed a year. He advocated for the moratorium to avoid potential lawsuits. Vice Mayor Valinsky stated to his knowledge there are no existing applications, and any application brought forward would not be considered regardless of whether a moratorium is in place or not. Councilmember Charles provided background as to the recommendations provided by the Village Manager and Council with respect staff’s recommendation for the moratorium. Councilmember Charles asked staff to explain what has changed in a year. In response to the inquiry, Village Attorney Johnston stated the Village is in a different phase of the comprehensive plan, which is the Evaluation Appraisal Report (EAR) process. 6 Deputy Village Manager Wilson clarified the Department of Economic Opportunity (DEO) is currently undergoing review of the ordinance on first reading concerning amendments to the Comprehensive Plan and an ORC (Objections, Recommendations, and Comments) report has been issued. Florida Statutes indicates an agency cannot submit new amendments to their comprehensive plan during said review process. Therefore, should the Village receive a small- scale/ rezoning amendment application, such project would not move forward. Therefore, the moratorium, if approved, would serve as an added layer of security. Responding to the Village Council, Village Attorney Johnston indicated re-instituting a moratorium in light of the current DEO review process would not have a substantial impact on the community nor would it harm the Village should the Village Council vote in support of such moratorium. Councilmember Marinberg clarified the moratorium was imposed last year due to the status of the Comprehensive Plan at such time. Councilmember Harris moved to forgo the imposition of another moratorium on the acceptance, review and consideration of applications for rezoning and/or future land use map amendments, and Councilmember Marinberg seconded the motion, which carried a 3-2 voice vote. Vice Mayor Valinsky, and Councilmember Charles voted in opposition. Village Manager Scott stated he would be contacting the members of the Council, individually, in preparation of additional discussions concerning the Comprehensive Plan. There was no further discussion. 9.D DISCUSSION AND POSSIBLE ACTION ON ESTABLISHING AN AD HOC COMPREHENSIVE PLAN COMMITTEE, COMPRISED OF FIVE (5) MEMBERS: ONE TO BE CHOSEN BY EACH COUNCILMEMBER, TO ADDRESS PUBLIC CONCERN WITH THE COMPREHENSIVE PLAN AS CURRENTLY SUBMITTED TO DEO; AND TO NEGOTIATE WITH BARRY UNIVERSITY ON THE ZONING, HEIGHT, DENSITY, AND FLOOR AREA RATIO OF THE PARCEL AT ISSUE FOR WHICH A ZONING CHANGE HAS BEEN REQUESTED (SPONSORED BY: GEORGE BURCH). Mayor Burch deferred the item in the interest of time. 9.E DISCUSSION AND POSSIBLE ACTION ON ESTABLISHING AN AD HOC COMMITTEE, TO BE COMPRISED OF FIVE (5) MEMBERS, ONE TO BE CHOSEN BY EACH COUNCILMEMBER, TO STUDY TRAFFIC FLOW IN THE VILLAGE (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch stated the purpose of this committee would be to study street closures and not traffic flow. Mayor Burch further proposed closing off NE 102 Street and 6 avenue. Additionally, the proposed Ad Hoc Committee will further explore other streets, which may need to be closed. Vice Mayor Valinsky stated it is important to ensure that street closures are feasible. Village Manager Scott spoke about possible preemptions regarding street closures, and the importance of the proposed committee providing recommendations to the Office of the Village Manager. Mayor Burch opened public comments for this item. 7 Tim Crutchfield spoke about the placement of barricades as a means of dividing neighborhoods, which may lower the property value of homes in streets that are not closed. He further indicated the issue is speeding and not traffic. Robert Menge spoke in support of the item. Deepak Ganju spoke in support of the item. Dennis Leyva advocated for a no right turn during rush hour and other measures to mitigate traffic. Eddie Lewis spoke in opposition to barricades and advocated for representation of the entire community on the proposed committee. Nora Olaso advocated for the formation of a committee to study traffic comprehensively. Linda Schwartz spoke about the challenges with Biscayne Blvd. and NE 96 Street. Village Manager Scott responded to Ms. Schwartz's inquiry. Councilmember Harris spoke in opposition to street closures. Councilmember Marinberg spoke about his understanding of the prohibition of street closures by the County. He further advocated for traffic calming measures. Vice Mayor Valinsky expressed opposition to forming a committee for traffic calming, advocating for other measures such as increased enforcement. Councilmember Harris referenced the Village traffic calming study conducted in 2016. Village Clerk Rodriguez read e-comments into the record. Discussion ensued regarding traffic signalization affecting Biscayne Boulevard and NE 96 Street. Councilmember Harris spoke in support of the customary method of posting the vacancies as opposed to Councilmembers nominating individual committee members. By way of Consensus, the Council directed the Village Clerk to open the committee application process, as customary, for the ad hoc traffic advisory committee upon approval of the resolution. Village Attorney Johnston stated her office has direction, and will draft a resolution for approval. Vice Mayor Valinsky moved to direct staff to establish an ad hoc “Traffic Advisory Committee” by way of resolution, and Councilmember Charles seconded the motion which carried a 4-1 voice vote. Councilmember Harris voted in opposition. There was no further discussion. 9.F DISCUSSION AND POSSIBLE ACTION ON ESTABLISHING A PERMANENT FINANCE COMMITTEE, TO BE COMPRISED OF FIVE (5) MEMBERS, SELECTED THROUGH AN APPLICATION PROCESS AND APPOINTED BY THE VILLAGE COUNCIL (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch advocated for the formation of the Finance Committee. 8 Councilmember Marinberg asked for clarification regarding the intent of the committee given the role of the Village Manager and Finance Director. He further spoke about the approaching budget season which would allow the public and Councilmembers the opportunity to participate during various meetings. Vice Mayor Valinsky spoke about the importance of allowing the Finance Department the opportunity to provide comprehensible answers to questions posed by the Village Council concerning the Village’s finances. Councilmember Charles indicated the Village is a Council-Manager form of government. Councilmember Harris indicated the questions are valid; however, the directive should be to Village Manager to provide reports and presentations regarding the specific questions. Mayor Burch opened public comments for this item. Marjorie Weber spoke about the importance of forecasting the costs of the various projects prior to deciphering where the funds would come from. Tim Crutchfield encouraged Council to wait for the Finance Department to provide answers to the questions raised by the new Councilmembers. Deepak Ganju spoke in support of the Finance Committee. Finance Director Holly Hugdahl and Assistant Finance Director Georgina Rodriguez introduced themselves and spoke about their qualifications. Ms. Hugdahl indicated the challenge with the activation of the Finance Committee is the time it would take the Finance Department to teach the finance committee governmental accounting before they're able to provide information and recommendations. Vice Mayor Valinsky recommended for the Village Manager to prepare a financial heath report regarding the financial condition of the Village, and for said report to be presented by the next Village Council meeting. Vice Mayor Valinsky moved to direct the Village Manager to present a financial health report to the Village Council during the next Village Council Meeting, and Mayor Burch seconded the motion, which carried a 5-0 voice vote. There was no further discussion. 9.G DISCUSSION AND POSSIBLE ACTION ON REQUIRING THE BUILDINGS OF THE ANCO SUBDIVISION OF MIAMI SHORES VILLAGE, NOT CURRENTLY CONNECTED TO THE EXISTING SEWER SYSTEM, TO CONNECT TO SAID SYSTEM (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks regarding the properties in the Anco Subdivision on NE 105th Street. He further spoke in support of connecting the existing sewer system in such area to the North Miami sewer line. Vice Mayor Valinsky spoke in support of a broader plan, with language that is not targeted to a specific parcel of land. 9 Director of Public Works Christopher Miranda provided an update and further context as to which sewer lines are not connected to the Miami Shores sewer system. Councilmember Marinberg asked the Village Attorneys whether there are any legal implications that could arise with the item as proposed. In response to the inquiry from Councilmember Marinberg, Village Attorney Johnston stated Miami-Dade County requires properties to connect to sewer lines when the property is within certain proximity to main sewer lines; however, Village Attorney Johnston stated this rule is seldom enforced. Village Attorney Johnston indicated staff would need direction from the Council to work with DERM and the City of North Miami to establish neutral parameters. Upon reaching consensus, the Village Council directed the Village Attorney and Village Manager to bring forth a report regarding the above-referenced parameters. 10) MANAGER'S REPORT Village Manager Scott asked Director of Public Works, Chris Miranda to provide updates regarding various infrastructure projects occurring in Miami Shores Village. Vice Mayor Valinsky posed questions to Director Miranda regarding the installation of speed tables within the Village and the cost incurred. Director Miranda in response to this inquiry indicated installation of the speed tables cost eight thousand dollars ($8,000). 11) ATTORNEY'S REPORT Village Attorneys did not have a report for this meeting. Additionally, the Village Attorneys asked for clarification regarding the Comprehensive Plan. Village Manager Scott indicated he would be placing an item on the next Village Council agenda, asking for direction regarding the Comprehensive Plan alternatives. Mayor Burch stated he would like the Comprehensive Plan to be presented and voted on during the next Village Council Meeting. Village Attorney Johnston stated doing so is not possible, as the comprehensive plan must be publicly noticed and referred to the Planning and Zoning Board prior to Village Council consideration. Village Manager Scott mentioned bringing forth alternatives to the Council regarding the Comprehensive Plan. Discussion amongst the Village Council and Staff ensued regarding the Comprehensive Plan. Village Attorney Johnston recommended a joint workshop between the Village Council and Planning & Zoning Board to discuss the comprehensive plan. Councilmember Marinberg sought clarification regarding the role of the proposed ad hoc comprehensive plan committee. He further asked Village Staff and the Village Attorneys to research the impacts of Senate Bill (SB) 102 on the Village. Furthermore, Councilmember Marinberg asked what are the intentions regarding community involvement for the Comprehensive Plan. Village Attorney Johnston further stated her office would resend a memo regarding SB 102. 10 12) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements into the record. 13) VILLAGE COUNCIL COMMENTS Councilmember Sandra Harris – No comments Councilmember Jerome Charles – Councilmember Charles proposed the following items for future consideration: direct the Village Manager to look into the Village’s zoning for single-family properties before the review of the Comprehensive Plan; Councilmember Charles asked the Village Manager to look into a branding initiative that includes a Village logo and fonts. Lastly, Councilmember Charles asked the Village Manager to look into a potential Freebie grant and the Calvin Giordano & Associates agreement. Councilmember Daniel Marinberg- No comments. Vice Mayor Jesse Valinsky- Vice Mayor Valinsky expressed interest in directing the Planning and Zoning Board to create a list of zoning code items that are easy to address and will help provide more specificity in the Zoning Code regarding single-family properties. Lastly, Vice Mayor Valinsky proposed the activation of a communications committee that will focus their efforts on resident outreach. Mayor George Burch – Mayor Burch recommended for fellow Councilmembers to detail the scope of the mission of the proposed committee and to take action by way of motion when they are ready to activate such committee. 14) ADJOURNMENT There being no further business before the Village Council, the meeting was adjourned at 9:43 PM.