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2023-06-20 Minutes1 MEETING MINUTES JUNE 20, 2023 6:30 pm 9900 BUILDING 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:30 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 Also Present: Village Manager Esmond Scott Village Attorney Sarah Johnston Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Councilmember Harris moved to place the Village Manager’s Comments before Item 10A and Mayor Burch seconded the motion, which carried a unanimous vote. 5) BOARDS/COMMITTEES REPORT 5. A LIBRARY BOARD OF TRUSTEES ANNUAL REPORT (PRESENTED BY: KATHLEEN REDMOND) Ms. Kathleen Redmond delivered the board report and answered questions posed by the Village Council. Ms. Redmond mentioned she will not be reapplying for board consideration. The Village Council thanked the Library Board and Director, Michelle Brown, for their hard work. 2 6) PUBLIC COMMENTS Christian Ulvert asked for Council support regarding reappointment to the DCS Board and spoke about the relationship between Miami Shores Village & Doctors Charter School. Janet Goodman referenced the vulnerability study priority areas, namely Shores Estates Subdivision. Ms. Goodman advocated for more haste in accomplishing septic to sewer conversion. She further advocated for another septic to sewer project update. Carmen Renick asked for more information regarding the newly established committees to increase civic participation. Carol Respondek echoed Ms. Goodman's comments regarding Shores Estates subdivision, advocating for more information from the Village Manager regarding the costs and other updates. Sarah McSherry asked Council and Barry University to provide public information regarding the proposed project. Linda Ortigoza raised concerns regarding the Bayfront park seawall and the possibility of water access. Thomas Halloran asked about the new Comprehensive Plan draft document, specifically who drafted the document and the qualifications of the drafter. Mr. Halloran further addressed parking in the Downtown District. Village Clerk Rodriguez also read eComments into the record. 7) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 7.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, RE- INSTITUTING THE MORATORIUM ON THE ACCEPTANCE, REVIEW AND CONSIDERATION OF APPLICATIONS FOR REZONING AND/FUTURE LAND USE MAP AMENDMENTS, AS ENACTED BY ORDINANCE NO. 2022-04 AND EXTENDED BY ORDINANCE NO. 2022-09, FOR AN ADDITIONAL SIX (6) MONTHS OR UPON FINAL APPROVAL OF THE PROPOSED COMPREHENSIVE PLAN AMENDMENTS THROUGH THE REQUIRED APPEAL PERIOD, WHICHEVER IS EARLIER; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Burch opened the public hearing. Carter McDowell approached the podium to ask for an exception to the moratorium. Maria McGuinness approached the podium in support of the moratorium. Christian Ulvert approached the podium to support the moratorium and wanted to ensure dialogue among all sides. Councilmember Harris moved to adopt the ordinance, and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 3 7. B ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES BY AMENDING CHAPTER 2, "ADMINISTRATION," AND CREATING SECTION 2-1, "OFFICIAL SEAL," TO ADOPT THE VILLAGE SEAL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: MAYOR SANDRA HARRIS) Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Burch opened the public hearing. Seeing no one approach the lectern, Mayor Burch closed the public hearing. Councilmember Harris moved to approve the ordinance on the second reading, and Mayor Burch seconded the motion, which carried a 5-0 voice vote. 7. C ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING APPENDIX, A, "ZONING," SECTION 906, "ISSUANCE OF DEVELOPMENT ORDERS" TO INCLUDE PREREQUISITES FOR DEVELOPMENT ACTIVITY AND ISSUANCE OF DEVELOPMENT PERMITS IN ACCORDANCE WITH THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") PERMIT NO. FLS000003; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Burch opened the public hearing. Seeing no one approach the lectern, Mayor Burch closed the public hearing. Planning and Zoning Director Claudia Hasbun and Public Works Director Christopher Miranda stepped to the podium to explain the $90,000 fine the Village received and how the Village is attempting to reduce the fine. Councilmember Charles moved to approve the ordinance on the second reading, and Councilmember Marinberg seconded the motion, which carried a 5-0 voice vote. 7.D AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, COMPREHENSIVELY UPDATING AND AMENDING CHAPTER 20, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES," ARTICLE V., "STORMWATER UTILITY" BY ADDING DIVISION I, "STORMWATER UTILITY SYSTEM" AND CREATING DIVISION II, "STORMWATER QUALITY," PERTAINING TO ILLICIT DISCHARGES AND CONNECTIONS, EROSION AND SEDIMENT CONTROL, AND OTHER WATER QUALITY REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mayor Burch opened the public hearing. Seeing no one approach the lectern, Mayor Burch closed the public hearing. The Planning and Zoning Director gave an overview of the proposed ordinance and recommended approval. Mayor Burch closed the public hearing. 4 Councilmember Marinberg moved to approve the ordinance on the second reading, and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 8) VILLAGE BOARD APPOINTMENTS 8.A APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES (1 VACANCY). Village Clerk Rodriguez provided a brief introduction, indicating one individual submitted an application for the appointment to the Library Board of Trustees. Puja Motiana stepped forward and introduced herself. There being no further discussion, Councilmember Marinberg moved approval to appoint Puja Motiana to the Library Board of Trustees and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. Puja Motiana was appointed to the Library Board. 8.B APPOINTMENTS TO THE DOCTORS CHARTER SCHOOL BOARD OF AUTHORITY (4 VACANCIES). Village Clerk Rodriguez provided a brief introduction and invited applicants in attendance to introduce themselves. Responding to Councilmember Harris’ inquiry regarding a possible conflict of interest, Village Attorney Johnston indicated Mayor Burch may vote in support of Alice Burch (his spouse) as there is no pecuniary interest. There being no further discussion, Councilmember Marinberg moved to appoint the four applicants to the Doctors Charter School Board of Authority and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. Alice Burch, Karen Smith-Gulasky, Sunja Leon, and Christian Ulvert were approved to serve on the Doctors Charter School Board of Authority. 9) RESOLUTIONS 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, DESIGNATING 1115 NE 97TH STREET AS A VILLAGE HISTORIC LANDMARK, PROVIDING FOR INSTRUCTIONS UPON APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. The Planning and Zoning Director gave an overview, recommending approval of the resolution. Ms. Hasbun also informed the Council the owner was in attendance to answer any questions. Mayor Burch opened the floor to public comments. Councilmember Marinberg moved approval of the resolution and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 9.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, DESIGNATING 10021 NE 2ND AVENUE AS A VILLAGE HISTORIC LANDMARK; PROVIDING FOR INSTRUCTIONS UPON APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. The Planning and Zoning Director gave an overview and recommended approval of the item. Ms. Hasbun also informed the Council Kathleen Redmond from the Library Board was in attendance to give a brief presentation and answer any questions. Vice Mayor Valinsky asked if this designation would provide any constraints if there were future additions. Ms. Redmond responded there would be a few more steps, but this will not disallow any future expansions of the library. 5 Councilmember Marinberg moved approval of the resolution, and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. No further action was taken. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10. A. DISCUSSION AND POSSIBLE ACTION ON WHETHER TO ACCEPT THE FIND GRANT FOR THE BAYFRONT PARK SEAWALL PROJECT (SPONSORED BY: MAYOR GEORGE BURCH). This item was withdrawn by the Mayor in light of the Village Manager’s report which addresses such item. 10.B. DISCUSSION AND POSSIBLE ACTION ON RENEGOTIATING THE $526,000 CHEN MOORE CONTRACT. THE CHEN MOORE ENGINEERING STUDY IS FOR A PARK DESIGN. I AM PROPOSING A SEAWALL REPLACEMENT WITH STORMWATER DRAINAGE. THIS IS MORE AFFORDABLE ESPECIALLY WITHOUT THE FIND. GRANT (SPONSORED BY: MAYOR GEORGE BURCH). This item was withdrawn by the Mayor. 10.C. DISCUSSION AND POSSIBLE ACTION ON RENEWING AND PROCEEDING WITH A VILLAGE COUNCIL RESOLUTION DATED FEBRUARY 16, 2021, TO FUND THE CONSTRUCTION AND OPERATION OF A SEWER SYSTEM IN SHORES ESTATES (SPONSORED BY: MAYOR GEORGE BURCH). The Mayor asked if any money was collected as a result of the above-referenced resolution. Village Manager Scott informed the Council there has not been any money collected. Attorney Johnston also stated the resolution which passed in 2021 was the first step in the process. Subsequent steps have not been taken as of now. Elizabeth Keeley, Assistant to the Village Manager/Grants Manager, informed the Council that tax information had been transmitted to the County; however, nothing had been added to the tax bills. Councilmember Marinberg expressed interest in ending the uniform method of collection process for Shores Estates. He further advocated for a Village-wide cost-sharing approach. Vice Mayor Valinsky would like to hear more input from the residents before proceeding because the arrangement with Shores Estates may not be replicated with other subdivisions. Councilmember Harris stated those directly benefiting from the project should pay for it. Councilmember Charles indicated the Village needs to have a Master Plan before proceeding with the project. Mayor Burch said there is a plan which was completed in 2018, and it should be followed. He also expressed interest in hearing from the residents directly and expressed interest in terminating the uniform method of collection process for Shores Estates. Vice Mayor Valinsky spoke in support of a Village-wide cost-sharing approach to the septic to sewer conversion project. He further advocated for a Village-wide septic to sewer master plan as the next course of action. Councilmember Harris asked if the project for the Shores Estates Subdivision is shovel-ready. Village Manager Scott responded in the affirmative. Councilmember Harris moved to direct staff to proceed with the next phase of the uniform method of 6 collection process for Shores Estates Subdivision septic to sewer conversion project. Mayor Burch seconded the motion, which carried a 5-0 voice vote. 10.D. DISCUSSION AND POSSIBLE ACTION ON UPDATING THE EXISTING SEWER & STORMWATER MASTER PLANS/STUDY (SPONSORED BY: MAYOR GEORGE BURCH) Mayor Burch provided opening remarks. Councilmember Charles indicated there is a difference between a study and a plan. Mayor Burch emphasized the critical issue is the groundwater table. Mayor Burch opened public comments. Carmen Renick asked Council to remain focused on performing the stormwater and sewer projects at the same time to minimize disruptions. Village Clerk Rodriguez read an eComment into the record. 11) MANAGER 'S REPORT - FIND GRANT & BAYFRONT PARK UPDATES AND PROPOSAL The Village Manager's report was considered before all items listed under Discussion & Possible Action. Village Manager Scott provided an updated regarding the Bayfront Park seawall & Find Grant, indicating the Village received an email from a sub-contractor who performed a structural integrity study of the sea wall. The sub-contractor suggested restricted access to certain parts of the sea wall until it is replaced due to its deteriorating condition. Village Manager Scott asked the Council to consider erecting a new seawall and granting him the ability to negotiate the scope and cost of replacing the sea wall. Village Manager Scott also suggested pursuing the competitive solicitation process concerning the Bayfront Park seawall replacement irrespective of the outcome of the FIND grant application process. Village Manager Scott indicated if FIND approves the grant and is willing to accommodate the Village once the application review ends, he will bring forth such information to Council for further consideration. Councilmember Harris asked how access would be restricted to the public. Village Manager Scott stated there would be yellow caution tape to keep the public off the seawall. Councilmember Marinberg also concurred it is time to replace the wall as quickly and prudently as possible. Mayor Burch asked how much money was in the budget for seawall repair. Village Manager Scott said there is $2,000,000 currently budgeted. Vice Mayor Valinsky agreed the sea wall needs to be repaired as quickly as possible. The Mayor then opened the discussion to the public. Maria McGuinness asked the Village Council to be mindful of handicap access. Mayor Burch moved to direct the Village Manager to proceed with the construction of the Bayfront Park seawall replacement and renegotiate costs with Chen Moore and to bring forth recommendations and 7 findings. Councilmember Marinberg seconded the motion which carried a 5-0 voice vote. 11. A. ANCO SUBDIVISION UPDATE Public Works Director Christopher Miranda provided an update regarding the Anco Subdivision. The Village Manager also asked for each Councilmember's availability for the budget workshops. The Pre-Budget Workshop will be held on June 28th, and the Budget Workshop on July 20th, with both meetings beginning at 6 PM. The second July Council Meeting will resume immediately following the Budget W orkshop. There was consensus amongst the Village Council. 12) ATTORNEY'S REPORT Village Attorney Johnston provided an overview of the attorney's report. 13) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements. 14) VILLAGE COUNCIL COMMENTS Councilmember Marinberg lauded the MSPD Operation lights out. He further expressed concerns regarding the Council working from a draft document authored by a resident and not by Village staff or its consultants. Responding to Councilmember Marinberg’s inquiry regarding who authored the document, Councilmember Charles mentioned the document was reviewed by Village staff. Village Attorney Johnston clarified the Village Council will be considering a document duly vetted by staff, consultants, and attorneys. Vice Mayor Valinsky expressed satisfaction with the joint workshop between the Village Council and the Planning & Zoning Board. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:00 PM. Village Council Meeting Time: 06-20-23 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 06-20-23 18:30 29 2 1 0 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 06-20-23 18:30 Agenda Name Comments Support Oppose Neutral 6) PUBLIC COMMENTS 1 0 0 1 10.C) DISCUSSION AND POSSIBLE ACTION ON RENEWING AND PROCEEDING WITH A VILLAGE COUNCIL RESOLUTION DATED FEBRUARY 16, 2021 TO FUND THE CONSTRUCTION AND OPERATION OF A SEWER SYSTEM IN SHORES ESTATES (SPONSORED BY: MAYOR GEORGE BURCH). 1 1 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 6) PUBLIC COMMENTS Overall Sentiment Guest User Location: Submitted At: 12:27pm 06-20-23 Erin Halloran, 431 NE 100 St At the June 8th joint Council & P&Z comp plan workshop, there was a statement made that the mixed use apartment/retail building on the corner of NE 97th & NE 2nd Ave was built illegally without permits (minute 1:54:05 of the meeting). That is not correct. The building was built with permits in 1926 with shops on the ground floor & 10 apartments on the 2nd floor. The original blueprints from December 1925 and original permits are all available for viewing at Miami Shores Village Hall. It was one of the first buildings built in downtown Miami Shores and was built in the traditional American Main Street style of apartments above shops. Its density is at 35 units/acre. We'd like to ensure the record is correct and all are properly informed on this pivotal issue that impacts the future of our Village. The apartments provide an important service to the community. They are home to teachers, local shop employees, seniors, and young professionals who would otherwise not be able to live in and contribute to our community. There have been a number of calls from Miami Shores residents who have aged out of their homes and are looking for an affordable way to downsize and remain in our community. It is also worth noting that more than half of the apartment residents do not have cars. 35 units/acre may sound like a lot on the surface, but it has always existed in our downtown and so unobtrusively so that most Miami Shores residents don't even realize there are apartments there. Mixed use buildings are a staple of the traditional American Main Street and lead to a long term, sustainable downtown where businesses are able to thrive. The long term vibrancy of Miami Shores and preserving its unique, historic character and charm are not mutually exclusive objectives. Both can be accomplished. We hope the council will not allow senate bill 102 to dictate the vision we plan for our community and in turn force the type of development none of us want by giving people no other option. We urge you to maintain mixed use zoning as it was originally intended. Agenda Item: eComments for 10.C) DISCUSSION AND POSSIBLE ACTION ON RENEWING AND PROCEEDING WITH A VILLAGE COUNCIL RESOLUTION DATED FEBRUARY 16, 2021 TO FUND THE CONSTRUCTION AND OPERATION OF A SEWER SYSTEM IN SHORES ESTATES (SPONSORED BY: MAYOR GEORGE BURCH). Overall Sentiment Guest User Location: Submitted At: 12:42pm 06-19-23 Hello my Name is Jesse Kehoe. I live at 10619 NE 11th Avenue and am affected by issues with my storm drain due to consistent flooding. While I am in support of the connection from ST to sewage I have a much stronger support for any action taken as soon as possible. Like so many of my neighbors I have been making “band aid” improvements to my septic system knowing that eventually we will be connected to the sewage line. If there is not adequate funds available then I would prefer the funds that have been allocated be put towards additional storm drain improvements to the area and leave upgrades to the septic tanks to the individual owner. My biggest fear is paying the $20K to have my septic tank raised and replaced and then being charged a substantial connection fee 12 months later. In my opinion the most crucial and best decision that can be made tonight is action, any action to inform those affected by the consistent floods what steps they need to take to secure their home. Especially with hurricane season upon us. Thank you for your time.