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2024-03-19 Minutes1 MEETING MINUTES MARCH 19, 2024 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:35 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Councilmember Neil Cantor Councilmember Jerome Charles Vice Mayor Jesse Valinsky Mayor George Burch Councilmember Sandra Harris was absent. ALSO PRESENT: Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Village Manager Scott deferred Item 10 C., Fraternal Order of Police (FOP) Contract. 4) BOARDS/COMMITTEES REPORT 5) PUBLIC COMMENTS Janet Goodman asked Council to consider changing the general public comments time limit to three (3) minutes to reflect the same time as item-specific public comments to avoid confusion. Toni McCormick spoke in opposition to limiting clapping during the Council Meeting. Liangy Calli announced Green Day event and asked Council to support such event. 2 Katherine McLaney asked Council to support the Green Day event. Karla Peters, Executive Director of the Greater Miami Shores Chamber of Commerce, asked Council to support Green Day by providing in kind services. Alba Adkins spoke about the FPL issue which was resolved. Ms. Adkins asked Council to amend the Village Code to limit the proximity of mango trees to residential properties due to potential property damage. 7) APPROVAL OF THE MINUTES 7.A APPROVAL OF THE MARCH 5, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Vice Mayor Valinsky moved to approve the March 5, 2024 Village Council Meeting Minutes and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. 8) ORDINANCE(S) ON FIRST READING-PUBLIC HEARING 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGES CODE OF ORDINANCES BY AMENDING CHAPTER 16, PARKS, RECREATION AND CULTURAL FACILITIES, BY CREATING REGULATIONS WHICH SHALL PROHIBIT SMOKING IN PUBLIC PARKS; AND REQUIRING RECREATION PERMITS FOR CERTAIN PARK USES; PROVIDING PENALTIES AND ENFORCEMENT FOR VIOLATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PARKS & RECREATION DIRECTOR). Village Clerk Rodriguez read the caption of the item into the record. Ms. Angela Dorney, Parks and Recreation Director, provided opening remarks, recommending approval of the proposed ordinance amendments which prohibit: (1) smoking of tobacco, cannabis, marijuana and hemp products in public parks; and (2) smoking of cannabis, marijuana and hemp products on public property in order to protect the public health, safety and well-being of the residents and visitors. In addition, to amend the code of ordinances to include regulation of facility usage to allow for organized recreation programming. Ms. Dorney stated the amendment would allow controlled field usage so that Village residents shall be entitled, upon compliance with such regulations, to use the recreational facilities and open park spaces for recreation leisure activities and authorized programming. Attorney Wood provided historical context and answered questions posed by the Village Council. Vice Mayor Valinsky asked about the scope of the law relative to Miami Shores Country Club and Golf Course (MSCC). Attorney Wood stated the ordinance would be inclusive of the park as a whole; however, Council may designate specific areas. Vice Mayor Valinsky expressed concerns regarding the impact such ban would have on the operations of the MSCC given the nature of the bar area. Vice Mayor further asked about signage. With respect to signage, Ms. Dorney indicated there will be signage. 3 Mayor Burch spoke about the importance of reviewing the contract between the Village and Professional Course Management to ensure there are no inadvertent infringements. Mayor Burch further referenced the impact of the proposed ordinance on medical marijuana. Attorney Wood clarified cigars are regulated by Florida Statutes. Vice Mayor Valinsky asked about vaping. Attorney Wood indicated vaping was not included in the proposed ordinance; however, there are no preemptions which would impede the Council from including such prohibition in the proposed ordinance. Mayor Burch opened the public hearing. Hutch Gurevitz asked about open air cafes and smoking on the right-of-ways, such as sidewalks, on NE 2nd Avenue. Attorney Wood indicated she would have to verify whether such ban would be apply as NE 2nd Avenue falls under the jurisdiction of Miami-Dade County. Mayor Burch closed the public hearing, as there were no further comments from the public. Attorney Wood indicated medical marijuana is regulated as to where it may be used. Attorney Wood further indicated clarification will be provided as to who may enforce such ban should the Village adopt the ordinance. Attorney Wood clarified the proposed ordinance would apply to the parking lot of a park; however, whether an individual may smoke in their parked vehicle at the parking lot is deemed fact sensitive. Responding to Councilmember Charles’ inquiry, Attorney Wood recommended adding language such as “including but not limited to” to include pickle ball courts and other future activities. Attorney Wood asked for clarification as to whether the Council would like “public property” to remain and to include the golf course. Vice Mayor Valinsky moved to exclude the Miami Shores Golf Course from the tobacco provision and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. Vice Mayor Valinsky moved to approve the ordinance on first reading as amended and Councilmember Cantor seconded the motion which carried a 3-1 voice vote. Mayor Burch voted in opposition. 8.B AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, READOPTING THE OFFICIAL ZONING MAP FOR PROPERTIES LOCATED IN MIAMI SHORES VILLAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the item into the record. Mr. Alex David, Interim Planning & Zoning Director, provided an overview of the ordinance, explaining the readoption of the official zoning map. Attorney Wood indicated the proposed ordinance does not change the zoning designations. Mr. David indicated the readoption of the official zoning map is a temporary fix until the zoning code is amended and where residential districts could potentially be combined. 4 Mayor Burch opened the public hearing. Toni McCormick spoke about the parking spaces promised by Barry University. Seeing no one approach the lectern, Mayor Burch closed the public hearing. Vice Mayor Valinsky moved to approve the ordinance on first reading and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. 9) ORDINANCE(S) ON FIRST READING- QUASI -JUDICIAL PUBLIC HEARING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE REZONING OF AN APPROXIMATELY .25 ACRE PARCEL OF LAND FROM CF COMMUNITY FACILITIES DISTRICT TO R-25 ONE-FAMILY RESIDENTIAL DISTRICT FOR PROPERTY IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 11-3206-014-0601, AS LEGALLY DESCRIBED AND DEPICTED IN EXHIBIT A; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DEPARTMENT). Village Clerk Rodriguez read the caption of the item into the record. Attorney Wood read the quasi-judicial language into the record and asked individual Councilmembers to disclose any ex-parte communication regarding this item. Councilmember Cantor, Councilmember Charles, and Vice Mayor Valinsky disclosed they individually discussed the item with Village staff, including the Village Attorney, Village Clerk, and Village Manager Village Clerk Rodriguez administered the oath for anyone wishing to provide testimony. Mr. Alex David provided an overview of the item, indicating the Village Council adopted amendments to the Comprehensive Plan Future Land Use Element (FLUE) and the Future Land Use Map (FLUM).With this action a vacant parcel known as 4XX NE 95 Street was redesignated from Government and Institutions to Single Family Residential on the FLUM since the parcel is no longer owned by a religious facility. With this rezoning from CF – Community Facility to R-25 One-Family Residential this parcel will be consistent with the land use designation. Mayor Burch opened the public hearing. Seeing no one approach the lectern, Mayor Burch closed the public hearing. Vice Mayor Valinsky moved to approve the ordinance on first reading and Councilmember Charles seconded the motion which carried a 4-0 voice vote. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A DISCUSSION ON SENATE BILLS 170 AND 1628, AND THEIR IMPACT ON THE VILLAGE CODE OF ORDINANCES DISCUSSIONS AND FUTURE ORDINANCES (SPONSORED BY: MAYOR GEORGE BURCH). 5 Mayor Burch asked the Village Attorney to provide information regarding the legislation. Attorney Wood informed the law imposes a requirement for the Village to provide business impact estimates regarding certain adopted ordinances. Since the adoption of the legislation, the Village Council has not passed an ordinance which would fall within the statutory requirements. However, the ordinance listed under Item 8A would fall within the statutory requirements. Attorney Wood elaborated on the specific form that was created and the notice requirement in compliance to such statute. No action was taken. 10.B DISCUSSION AND POSSIBLE ACTION ON BUDGETING FOR SIDEWALK REPAIR (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, advocating the Village adhere to the ordinance or consider amending the ordinance which governs the repair of sidewalks. In response to the information provided by Mayor Burch, Village Manager Scott explained Homestead Concrete project was funded by the FDOT LAP Grant. Mr. Scott further explained staff welcomes the opportunity to amend the ordinance should the Village Council express support. Mr. Christopher Miranda, Public Works Director, provided an overview of the FDOT LAP Grant projects related to the item and answered questions posed by the Village Council. Vice Mayor Valinsky moved to direct staff to draft an ordinance amendment which reflects modern practices and Mayor Burch seconded the motion which carried a 4-0 voice vote. 10.C RATIFICATION OF THE FRATERNAL ORDER OF POLICE (FOP) CONTRACT. (STAFF: VILLAGE MANAGER) This item was deferred. 10.D DISCUSSION AND POSSIBLE ACTION REGARDING THE BEST USE OF THE PUBLIC WORKS FACILITY (STAFF: VILLAGE MANAGER). Village Manager Scott provided an overview of the three concurrent directives he received from Council regarding the public works land: (1) North Bay Village proposal; (2) mulching facility with DERM and Solid Waste; (3) looking into the best and highest use for said facility. Village Manager Scott sought direction relative to the prioritization of such directives. Mr. Scott suggested pursuing the best and highest use for the public works land as the top priority as it will aid Council in determining the next course of action given the various options. Discussion ensued regarding the importance of pursuing the best and highest use for the land. Neil Cantor emphasized he is not in support of selling the land. Councilmember Cantor welcomed the newly appointed Deputy Village Manager Kathleen Gunn. Mayor Burch opened public comments. Nancy Dowson spoke in support of the Council pursuing a consultant to determine the highest and best use for the property as a starting point. Marjorie W eber asked Council to consider the needs of the Village in order to make sound determinations. 6 Mayor Burch moved to direct the Village Manager to engage a consultant to determine the highest and best use for the public works land and for such findings to be brought before Council for consideration. The motion was seconded by Councilmember Cantor which carried a 4-0 voice vote. Mayor Burch diverted from the agenda to briefly discuss the Green Day funding request. Individual Councilmembers expressed support for said event. Vice Mayor Valinsky moved to support Green Day with the same level of in kind effort and support as the past and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. 11) MANAGER'S REPORT 11.A 2023-2024 FLOOD INSURANCE PROGRAM ANNUAL EVALUATION REPORT Village Manager Scott provided an update on the 2023-2024 Flood Insurance Program Annual Evaluation report. 12) ATTORNEY'S REPORT No report. 13) ANNOUNCEMENTS The Village Clerk read announcements into the record. 14) VILLAGE COUNCIL COMMENTS Councilmember Neil Cantor- proposed a future discussion and possible action item to address concerns raised by residents regarding the residential lot sizes that are not harmonious with the neighboring properties. Councilmember Jerome Charles – Councilmember Charles responded to Councilmember Cantor’s proposed item by clarifying the local planning agency, the Interim Planning and Zoning Director, and Council are working on a solution. Vice Mayor Jesse Valinsky – Vice Mayor Valinsky encouraged residents to apply to serve on the boards and committees. Mayor George Burch- Mayor Burch encouraged residents who have comments regarding the Barry University property to participate. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:12 PM.