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2023-10-17 Minutes1 MEETING MINUTES OCTOBER 17, 2023 6:30 PM 9900 BUILDING 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:32 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Daniel Marinberg Vice Mayor Jesse Valinsky Mayor George Burch ALSO PRESENT: Village Attorney Sarah Johnston Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Village Manager Scott deferred Item 5A and Mayor Burch withdrew Items 11C, 11D, and 11E from the agenda and added a discussion item regarding public comment time-limit. Councilmember Harris expressed desire to defer Item 11A in the interest of time. 5) PRESENTATIONS 5.A PRESENTATION ON ROAD MAP TO NEW COMMUNITY CENTER BY: VILLAGE CONSULTANT. Deferred. 2 5.B PUBLIC WORKS UPDATE PROVIDED BY: CHRISTOPHER MIRANDA, PUBLIC WORKS DIRECTOR. Christopher Miranda, Public Works Director, provided an overview of the operations of Public Works and answered questions posed by the Village Council. 6) BOARDS/COMMITTEES REPORT 6.A EDUCATION ADVISORY BOARD ANNUAL REPORT BY: MS. DANA VIGNALE. Ms. Dana Vignale, Education Advisory Board Vice Chair, delivered the board’s annual report and provided an overview regarding the Cambridge program budget for Miami Shores Elementary (MSE). 7) PUBLIC COMMENTS Tim Duerkop spoke in favor of the advancements of MSE and thanked Mr. Daniel Diaz, principal, and faculty for their commitment to improving the school. Mary Benton spoke in support of the proposed tree ordinance. Ms. Benton further raised opposition to comments directed at Claudia Hasbun, Planning & Zoning Director, by Mayor Burch in his memorandum concerning Item 11E. Jeffrey Saadeh shared comments regarding his support and respect for Claudia Hasbun, Planning & Zoning Director. Lauren Rangel, SRC member, provided information on behalf of the board regarding the tree ordinance. Marjory Weber spoke about the comprehensive plan and the allocation of funding for future Capital Improvement Projects. Deepak Ganju spoke about the letter which speaks to population density as it relates to the Live Local Act and expressed opposition to increasing the current density of Miami Shores Village. 8) APPROVAL OF THE MINUTES 8.A APPROVAL OF THE SEPTEMBER 19, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Vice Mayor Valinsky moved to approve the September 19, 2023 Village Council Meeting Minutes and Councilmember Harris seconded the motion which carried a 5-0 voice vote. 9) ORDINANCE(S) ON FIRST READING 3 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING CHAPTER 20, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES, CREATING ARTICLE VII, LANDSCAPING TO PROVIDE REGULATIONS FOR TREE PRESERVATION AND PROTECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk read the captions of the ordinance and resolution (Item 10A). Christopher Miranda provided an overview of the item, specifying the purpose of the ordinance is to designate the Village a Tree City USA and to protect the assets (trees) of the Village. Vice Mayor Valinsky asked about the permitting process relative to home renovations and the removal of trees. Claudia Hasbun, Planning & Zoning Director, indicated a permit request is required. Vice Mayor Valinsky expressed concerns regarding the imposition of excessive regulations that encumber residents who are trying to remove invasive trees, asking staff to consider implementing an expedited process for such cases. Councilmember Charles asked about the County's regulations, specifically as it relates to minimum standards that affect incorporated municipalities. Mr. Miranda confirmed the Village is required to adhere to said standards. Mayor Burch asked for the ordinance to be tailored to the standards of Miami Shores Village. Ms. Hasbun acknowledged the incorporation of further clarification in the ordinance. Ms. Hasbun indicated the proposed ordinance does not impact trees on private property. Responding to Council questions, Village Attorney Johnston indicated if the roots are encroaching on private property, it is incumbent on the resident to let the Village know of such encroachment. Village Manager Scott clarified the City of North Miami's tree ordinance speaks to trees on public and private property. Responding to Mayor Burch’s inquiry regarding specimen trees, Mike Skofstad, Streets Operations Manager and Village Arborist, clarified a specimen tree is anything over 18 inches DBH (diameter breast height), which is protected. Mr. Skofstad indicated residents may remove garbage trees located on their property. Miami-Dade County has a list of trees that fall within said category on their website. Councilmember Marinberg spoke in favor of Public Works’ involvement when root systems encroach on private property and further spoke about exercising mindfulness as it relates to nonconforming driveways. Responding to Councilmember Harris’ inquiry regarding whether the ordinance supersedes the County’s ordinance, Mr. Miranda responded in the affirmative with respect to trees on the public right of way; however, all requests for tree removal on private property will be referred to the County. Village Attorney Wood clarified minimum standards established in the County code apply to Miami Shores Village if it affects incorporated jurisdictions. Discussion ensued regarding the need to revise the ordinance further before the approval on first reading. Individual Councilmembers opined the ordinance as proposed is not ready for first reading. Mayor Burch opened public comments. Carole Respondek spoke in favor of the ordinance. 4 Marjorie Weber asked about the use of chemicals on properties. Dennis Peña spoke in opposition to the current language relative to trees and roots on private property. Mr. Pena asked for the ordinance to provide additional clarification. Councilmember Charles moved to refer Items 9A and 10A back to staff for further clarification and review. Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CREATING THE PUBLIC WORKS DEPARTMENT FEE SCHEDULE; PROVIDING FOR IMPLEMENTATION, AND AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Deferred as a companion item to Item 9A. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSED RULES OF PROCEDURES (STAFF: VILLAGE ATTORNEYS). Deferred. 11.B DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED CHARITABLE EXPENDITURE POLICY (STAFF: VILLAGE ATTORNEYS). Village Attorney Johnston provided an overview of the item, indicating she included language regarding the solicitation of funding from charitable organizations. Ms. Johnston indicated any organization asking for Village donations exceeding $100 must be a 501C as defined by the IRS. Ms. Johnston further clarified the proposed policy provides for the filing of forms for donation and solicitation requests. Responding to Mayor Burch, Village Attorney Johnston indicated a template agreement will be appended to the policy for Council review. Mayor Burch proposed the following terms for the agreement template: funding is for one year, funding is not guaranteed the next fiscal year, the event has to be open to all Village residents, the funding may vary from year to year, all sponsorships are subject to Council approval, sponsorships shall not exceed a set threshold, the Council shall reserve the right to impose conditions, the decision of the Council is final; however, if there are deficiencies in the application, the applicant may rectify such information, applicants should be strongly encouraged to appear before Council at the time of said donation request. Mayor Burch raised concerns with the section of the proposed resolution which regulates individual donations to the Village, specifically asking donors making contributions to the Village to sign a form. Discussion ensued regarding such topic. In the spirit of equity and uniformity, Mayor Burch asked Council to consider the implementation of a dollar or percentage threshold regarding such donations for discussion. Vice Mayor Valinsky proposed for the aggregate donation amount to be connected to a percentage of the budget. 5 Councilmember Marinberg proposed a first come first serve system, with a maximum individual threshold of up to $5,000 per organization. Councilmember Marinberg further recommended that a super majority vote for any individual request that exceeds $5,000. Councilmember Harris raised the need to establish an aggregate threshold of the budget for such donations. Village Attorney Johnston indicated she will confer with the Village Manager and report such amount in the draft resolution for Council consideration. Individual Councilmembers asked staff to include a percentage total of the budget, application and deadline process, peer municipality examples of the application process and budget allocation, and the inclusion of in-kind services in the aggregate percentage. Village Attorney Johnston clarified the Village is prohibited from donating funds to a for-profit organization. Vice Mayor Valinsky moved to refer the item back to staff for further revisions and Councilmember Charles seconded the motion which carried a 5-0 voice vote. No further action was taken. 11.C DISCUSSION AND POSSIBLE ACTION REGARDING PROCLAMATIONS (SPONSORED BY: MAYOR GEORGE BURCH). Withdrawn. 11.D DISCUSSION AND POSSIBLE ACTION CONCERNING THE COUNTY’S PROPOSED IMPERVIOUS ORDINANCE (SPONSORED BY: MAYOR GEORGE BURCH). Withdrawn. 11.E DISCUSSION AND POSSIBLE ACTION CONCERNING THE MARINBERG LETTER TO DEO. (SPONSORED BY: MAYOR GEORGE BURCH). Withdrawn. 11.F DISCUSSION AND POSSIBLE ACTION REGARDING PUBLIC COMMENTS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, asking Council to consider changing the public comment time limit from two minutes to three minutes, with a two-minute time limit after 9PM. Mayor Burch referenced peer municipalities that allow a 3-minute time limit for public comments, such as Miami Lakes, Sunny Isles Beach, Coral Gables etc… Vice Mayor Valinsky spoke in favor of the proposed amendment. Councilmember Harris spoke in opposition of the proposed amendment due to increased civic participation and the advent of eComments. Councilmember Marinberg expressed reservations with the proposed amendment due to the proposed 10 PM meeting adjournment as it may encumber Council meeting efficiency. Councilmember Charles proposed limiting one of the public comments segments to two minutes and amending the other to three minutes in the interest of time and efficiency. 6 Village Clerk Rodriguez indicated there is an existing resolution which covers public participation procedures. Therefore, such governing document would have to be repealed. Village Attorney Johnston clarified any amendments approved by Council may be inserted in the Rules of Procedures draft which will supersede the above-referenced resolution. Discussion ensued regarding the time limit for general public comments versus item-specific public comments. Mayor Burch opened public comments. Nancy Dowson spoke in favor of implementing a time-limit for presentations to assist with the efficiency of Council Meetings. Mayor Burch moved to uphold the two-minute public comment limit for general public comments and to amend the item-specific time limit to three minutes until staff has an opportunity to amend the governing resolution. The motion was seconded by Councilmember Charles and carried a 3-2 voice vote. Councilmembers Harris and Marinberg voted in opposition. No further discussion or action regarding the item. 12) MANAGER'S REPORT Village Manager Scott provided an update on operational matters. 13) ATTORNEY'S REPORT No Comments. 14) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 15) VILLAGE COUNCIL COMMENTS 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:33 PM.