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2023-07-11 Minutes1 MEETING MINUTES JULY 11, 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 Councilmember Charles Councilmember Harris Councilmember Marinberg Vice Mayor Jesse Valinsky arrived at 6:34 PM. Mayor George Burch Also Present: Village Manager Esmond Scott Village Clerk Ysabely Rodriguez Village Attorney Sarah Johnston Village Attorney Chanae Wood 4) ORDER OF BUSINESS The Barry University presentation was deferred to September 2023. There was consensus to move items 10A and 11J in light of the presence of Commission Hardemon’s staff and Mayor Omar Nickerson from the Village of El Portal. 5) BOARDS/COMMITTEES REPORT No board reports. 2 6) PUBLIC COMMENTS Maria McGuiness suggested a zoning ordinance of 35% open space for new residential construction because many residents have experienced flooding due to new home construction and there are no current village ordinances in place. Randy Gottlieb spoke about bulk pick-up challenges which have resulted in a perceived reduction in levels of service delivery. Mary Lou McGuire spoke about the progress of the City of Coral Gables' septic to sewer study and conversion project. She further asked Council to reach out to Congressman Ariel Fernandez regarding possible grant opportunities. Robert Menge thanked Council for moving forward with the Comprehensive Plan. He further advocated for the Septic to Sewer and Stormwater Plans. He requested that grant options be looked into as funding alternatives to ensure future projects are viable. Sam Soreiro spoke about judg e orders against a neighboring property due to lack of maintenance and excessive pets and livestock which have resulted in safety concerns. He further raised concern regarding several dogs that have bitten pedestrians. Rosenny Augustine and Mr. Barfield, from County Commissioner Hardemon's Office, addressed the Council to provide updates pertaining to District 3. Mayor Burch spoke about the assistance of County Commissioner Hardemon regarding the Septic and Sewer conversion project. Ms. Augustine indicated an email with specific details has been sent to Village Manager. 8) APPROVAL OF THE MINUTES 8.A APPROVAL OF THE JUNE 1, 2023 VILLAGE COUNCIL SPECIAL MEETING (STAFF: VILLAGE CLERK). Vice Mayor Valinsky moved to approve the June 1, 2023 Special Meeting Minutes and Mayor Burch seconded the motion which carried a 5-0 voice vote. 8.B APPROVAL OF THE JUNE 6, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Charles noted a correction to the minutes, requesting for his comments to the Village Manager regarding septic to sewer conversion reflect “plan” not “study.” Vice Mayor Valinsky moved to approve the June 6, 2023 meeting minutes as amended and Councilmember Marinberg seconded the motion which carried a 5-0 voice vote. 8.C APPROVAL OF THE JUNE 8, 2023 JOINT WORKSHOP (STAFF: VILLAGE CLERK). Councilmember Marinberg moved to approve the June 8, 2023 Workshop Minutes and Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. 3 9) BOARD APPOINTMENTS 9.A APPOINTMENTS TO THE AD HOC TRAFFIC ADVISORY COMMITTEE (5 VACANCIES). Village Clerk Rodriguez introduced the item. Individual applicants introduced themselves and answered questions posed by the Village Council. By way of consensus, the Village Council appointed Timothy Crutchfield, Deepak Ganju, Nicole Hedmark, Nora Olaso, and David Stein to the Ad Hoc Traffic Advisory Committee. Mayor Burch asked Village Clerk Rodriguez to provide the committee with a copy of the latest Traffic Calming Study. In light of Councilmember Harris taking a bathroom break, Councilmember Charles moved to take a five- minute break and Councilmember Marinberg seconded the motion which carried a 4-0 voice vote. The meeting resumed at 7:55 PM. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI SHORES VILLAGE AND THE VILLAGE OF EL PORTAL FOR CONSTRUCTION OF A TRAFFIC CALMING DEVICE AT THE INTERSECTION OF NW 2ND AVENUE AND NW 91ST STREET; CLARIFYING RESPONSIBILITIES AND PROVIDING FOR IMPLEMENTATION, SEVERABILITY AND AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Mayor of El Portal, Omarr Nickerson, provided an overview, asking for Council approval of the item. Mayor Nickerson anticipates the item will improve walkability, beautification, and safety. Ms. Christia Alou, Village Manager of El Portal, provided background information regarding traffic violation complaints. She further spoke about the details concerning the funding and swale concerns. She further indicated El Portal is responsible for the funding of the project in light of the grant opportunity and maintenance of the roundabout. Mayor Burch opened public comments. Noel Pace advocated for traffic calming measures at the intersection, such as the implementation of a traffic calming circle or a four-way stop. Mr. Pace asked for the design to be revisited. Eric Bancroft thanked Mayor Burch for inquiring about the intersection. He further thanked Village Managers Scott and Alou for their diligence. Mr. Bancroft spoke in support of the item. He raised concern regarding the possible removal of his driveway. Mayor Burch provided information regarding the configuration of the intersection which has precipitated traffic and posed safety concerns. Mayor Burch spoke in opposition to the proposed design which would affect Mr. Bancroft's property. Lastly, Mayor Burch spoke in favor of a four-way stop sign. 4 Orlando Rubio, consultant engineer, provided an overview of the project and answered questions posed by the Village Council. Mr. Rubio indicated the majority of the work being performed affects the right-of- way. Mr. Rubio indicated the project would require connecting both sidewalks at the intersection. Mayor Nickerson indicated there is funding to replace Mr. Bancroft’s drive-way and swale. Councilmember Marinberg asked for Planning & Zoning to demonstrate sensitivity to Mr. Bancroft’s property in the event the driveway is non-conforming. Councilmember Harris moved to approve the resolution and Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION ON FUNDING A NEW COMMUNITY CENTER (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch opened public comments. Linda Schwartz spoke in favor of a new Community Center. Bekky Leonard spoke in favor of a new Community Center Village Clerk Rodriguez read eComments into the record. Mayor Burch provided opening remarks, referencing the Recreation Advisory Committee’s support for a new Community Center. Mayor Burch proposed for a letter, with detailed information, be sent to all residents asking whether they are willing to support a new community center. Vice Mayor Valinsky spoke in support of hosting an informational workshop after the budget season to receive resident input on what they'd like to see. Mayor Burch asked about funding sources. Councilmember Marinberg raised procedural concerns regarding the various items on the agenda which have been previously discussed. Councilmember Marinberg further spoke about the importance of staff providing details regarding alternative funding sources and the possibility of mutual use agreements for Biscayne Park, and El Portal. Councilmember Harris raised concerns regarding procedural and potential Village Charter violations. Councilmember Harris further asked the Council to consider providing direction to staff to host a resident workshop to gauge public input and gather preliminary information for further discussion. Councilmember Charles spoke in support of directing staff to host a resident workshop if there’s interest from the public. He further spoke about the competing priorities for the Village. Mayor Burch moved to direct Village staff to pursue the funding of a new community center through the issuance of the General Obligation bond. Mayor Burch withdrew his motion. Village Attorney Johnston indicated additional information concerning the estimated costs is needed before commencing the legislative process affecting bond issuance. 5 Responding to Vice Mayor Valinsky’s inquiry, Village Manager Scott responded by advocating for a workshop as the first course of action following the FY24 budget season. Vice Mayor Valinsky moved to direct staff to host a resident workshop with specific information regarding funding alternatives for a new community center and Councilmember Harris seconded the motion which carried a 5-0 voice vote. There was no further discussion. 11.B DISCUSSION ON WHETHER SHORES ESTATES RESIDENTS SHALL PAY HALF OF A NEW SEWER SYSTEM FOR THEIR NEIGHBORHOOD (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, indicating a letter was sent to all Shores Estates residents regarding their support or opposition to such initiative. According to Mayor Burch’s findings, the majority of the residents voted in opposition. Village Attorney Johnston noted if anyone on the Council resides at Shores Estates, they would have to recuse themselves from the discussion. Responding to Councilmember Marinberg’s inquiry, Village Manager Scott indicated the Council directed staff to proceed with the uniform method of collection. Councilmember Marinberg spoke in opposition to the survey letter that was circulated to Shores Estates as it was not generated by Village Staff. Vice Mayor Valinsky echoed Councilmember Marinberg’s sentiments. Councilmember Harris advocated for a Village-wide survey. She further asked for Shores Estates to pursue the special taxing district process due to the unique needs of the subdivision. Mayor Burch moved to direct staff to terminate the uniform method of collection process for Shores Estates Subdivision. The motion failed due to a lack of second. There was no further discussion. 11.C DISCUSSION AND POSSIBLE ACTION ON A VILLAGE WIDE SEWER MASTER PLAN (SPONSORED BY: MAYOR GEORGE BURCH). Responding to Councilmember Marinberg’s inquiry, Vice Mayor Valinsky clarified Council’s directive when the item was considered during the previous Council Meeting which is for staff to pursue a sewer master plan. Village Manager Scott indicated staff has identified various firms that may be able to perform the plan; however, he indicated he will be presenting more information at the next Council Meeting. There was no further discussion. 11.D DISCUSSION AND POSSIBLE ACTION ON THE SHORES ESTATES STORMWATER PROJECT (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch asked Village Manager Scott to provide an update. Village Manager Scott reported the design is complete and FEMA is reviewing the document. 6 There was no further discussion. 11.E DISCUSSION REGARDING CHEN MOORE CONTRACT FOR BAYFRONT PARK IMPROVEMENTS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch asked Village Manager Scott to provide an update. Village Manager Scott indicated staff has not finalized discussions with Chen Moore due to the importance on the current budget process. Mayor Burch expressed concern regarding Chen Moore’s estimation of cost. There was no further discussion. 11.F DISCUSSION AND POSSIBLE ACTION ON DOCTORS CHARTER SCHOOL MAINTENANCE ITEM (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch asked Village Manager Scott to provide an update. Village Manager Scott indicated upon conferring with Village Attorney Johnston regarding the contractual terms between DCS and Miami Shores Village, it was determined the Village is in fact responsible for the costs associated with painting the DCS building since it is considered maintenance. Mr. Christopher Miranda, Public Works Director, reached out to various vendors to determine the costs. There was no further discussion. 11.G DISCUSSION AND POSSIBLE ACTION ON VILLAGE BUDGET PROCESS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, sharing his concerns regarding the time allotted for the budget workshop. Mayor Burch asked the Village Council to share their input regarding the time frame. Discussion ensued regarding the schedule amongst the Village Council. Village Manager Scott proposed for Council to consider alternative timeframes as 30 minutes is not sufficient time to review the budget. Mr. Scott elaborated on the one-by-one meetings with the Village Manager regarding the proposed budget. Additionally, there are three opportunities for the public to participate in the budget process: budget workshop, first, budget hearing, and final budget hearing. Village Clerk Rodriguez indicated the public notice reflects the July 20, 2023 Village Council Meeting will occur immediately following the budget workshop. Therefore, it is possible for the budget workshop to extend beyond the 30 minutes and for the Council Meeting to start whenever the workshop culminates. In the event Council needs more time to discuss the budget workshop, Councilmember Marinberg proposed adding a tentative budget workshop to continue discussions on July 25, 2023. Discussion ensued. 7 Vice Mayor Valinsky moved to host the budget workshop on July 20, 2023 immediately followed by the regularly scheduled Council Meeting with a public notice disclaimer indicating an alternate date of July 25, 2023 for continued budget discussions if necessary. Mayor Burch seconded the motion which carried a 5-0 voice vote. There was no further discussion. 11.H DISCUSSION AND POSSIBLE ACTION ON COMCAST INSTALLATIONS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch asked Village Manager Scott to provide an update. Village Manager Scott reported Comcast was conducting a fiber optic project on easements which destroyed swales and irrigation systems. Mr. Scott indicated irrigation systems have been repaired. However, Mr. Scott expressed support for increased communication from Comcast regarding future projects in order to inform residents prior to the beginning of the project. 11.I DISCUSSION ON TIMING OF THE COMPLETION OF THE COMPREHENSIVE PLAN (SPONSORED BY: MAYOR GEORGE BURCH). Ms. Claudia Hasbun, Planning & Zoning Director provided an update regarding the Comprehensive Plan process, reporting that Calvin Giordano & Associates and the Village Attorneys are reviewing the proposed draft which will be presented to the Planning & Zoning Board on July 27, 2023 for review and recommendations to Council. Councilmember Marinberg indicated the metadata of the redlined version recently reviewed by Council revealed that resident Sarah McSherry drafted said record. Councilmember Marinberg further expanded on Senate Bill 102. There was no further discussion. 11.J DISCUSSION CONCERNING UNRESTRAINED ANIMAL COMPLAINTS (SPONSORED BY: MAYOR GEORGE BURCH.) Ms. Augustine indicated the office is in contact with Miami-Dade County Animal Services. With respect to the incident where a dog bit a resident, she indicated the Animal Services Department needs pictures, videos, and for the victim(s) to place charges. As far as removing the animals from the property, the County is unable to do so because pets are deemed private property. Councilmember Marinberg asked whether there is a County ordinance that limits the number of pets based on lot size. Ms. Augustine did not have an answer, but indicated she will report her findings upon contacting the appropriate department. Village Attorney Johnston updated the Council, indicating an order was filed to conduct a hearing in mid-August regarding the case involving livestock. Village Attorney Johnston indicated she will provide an update in September 2023. 11.K DISCUSSION ON TIMING OF THE INITIATION OF THE TRAFFIC COMMITTEE (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch withdrew the item. 8 12) MANAGER'S REPORT Village Manager Scott provided an operational update. 13) ATTORNEY'S REPORT Village Attorney Johnston stated the Village was served with a civil action complaint regarding public records which is an exclusion of the insurance policy. Thus she sought authority from the Village Council to engage in legal representation of the Village regarding the matter. Vice Mayor Valinsky moved to authorize Village counsel to engage in legal representation of the Village regarding the matter. Councilmember Marinberg seconded the motion which carried a 5-0 voice vote. 14) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 15) VILLAGE COUNCIL COMMENTS Vice Mayor Valinsky spoke about the level of service provided by Public Works Department, specifically as it relates to solid waste management. Councilmember Marinberg asked individual Council members to consider their words when addressing the actions of past Council members. Councilmember Charles spoke about the importance of raising employee morale. Councilmember Harris- No comments. Mayor Burch- No comments. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:49 PM.