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2024-04-02 MinutesPage 1 of 8 MEETING MINUTES APRIL 2 , 2024 6:30PM VILLAGE HALL COUNCIL CHAMBERS 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 Neil Cantor Councilmember Jerome Charles Councilmember Sandra Harris Also Present: Village Manager Esmond Scott Village Attorney Sarah Johnston Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS There were no changes to the order of business. 5) BOARDS/COMMITTEES REPORT No reports at this time. 6) PUBLIC COMMENTS Ms. Schmidt noted a trend of demolishing sound homes for “big concrete boxes”, voicing concern for the environment and resource depletion, and suggested revising zoning regulations to discourage unnecessary demolitions. Page 2 of 8 Toni McCormick shared observations of bustling activity in downtown Miami Shores, with full parking lots indicating vibrant business activity. Rodrigo Londoño raised concerns regarding the trend of out-of-state buyers leaving properties vacant, impacting community security and the area's unique charm, which he believes is disappearing rapidly. 7) CONSENT AGENDA Vice Mayor Valinsky moved to approve the consent agenda and Councilmember Charles seconded the motion which carried a 5-0 voice vote. 7.A APPROVAL OF THE FEBRUARY 17, 2024 COUNCIL & CHARTER OFFICER RETREAT (STAFF: VILLAGE CLERK). Passed on Consent. 7.B APPROVAL OF THE MARCH 12, 2024 SPECIAL MEETING (STAFF: VILLAGE CLERK). Passed on Consent. 8) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE’S 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 2CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PARKS & RECREATION DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Parks and Recreation Director Angela Dorney provided an overview of the proposed changes and recommended adoption of the ordinance. Attorney Chanae Wood clarified the smoking regulations regarding marijuana, cannabis, and tobacco products in public parks and properties, including the distinction between different types of smoking. Vice Mayor Jesse Valinsky proposed excluding certain areas, like the golf course, from the smoking ban due to concerns about interfering with business operations. However, Councilmember Sandra Harris questioned the exclusion of the golf course, proposing that it should be included in the ban for consistency. Director Dorney provided an overview of the “12 or more” threshold outlined in the ordinance, stating such figure applies to events that require staff maintenance and upkeep, and events that restrict the usage of said facility by other patrons. Mayor Burch opened the public hearing. Alice Burch, as a former Councilmember, recalled previous discussions about including all parks in the smoking ban. Ms. Burch raised concerns about the inclusion of public property in the ban, particularly public right-of-ways, which extend beyond park boundaries. Ms. Burch illustrated her point with an Page 3 of 8 example of smokers seeking refuge from frustration by stepping outside onto sidewalks in front of village properties to smoke. She disagreed with the expansion of the smoking ban to include these areas and questioned its impact on residents. Carmen Renick raised a concern about referring to the golf course as a public park, stating that it is not accessible to the public and is clearly marked with "no trespassing" signs. Ms. Renick questioned why the golf course is consistently included in conversations about public parks and green spaces when it is not open to the public. Seeing no member of the public approach the lectern, Mayor Burch closed the public hearing. Further discussion ensued regarding the enforcement of the ordinance. Concerns about selective enforcement, and the practicality of regulating smoking in various park areas and public property were discussed. Additionally, questions arose about the definition of certain terms in the ordinance and the potential impact on enforcement. Ultimately, the Council proposed amendments, including specifying the exclusion of the golf course from the ordinance and adding a footnote regarding the medical use of marijuana. Councilmember Harris moved to adopt the ordinance as amended, and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 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 ordinance into the record. Alex David, Interim Planning and Zoning Director, acknowledged the presentation, noting it was a repeat from the last meeting. Attorney Chanae Wood clarified a change regarding the re-adoption process, ensuring consistency with the comprehensive plan at the time of the original adoption. Interim Director David concurred with this clarification. Mayor Burch opened the public hearing. Maria McG uinness raised a concern about the zoning map's designation of a park area. Interim Director David responded, explaining that the majority of the park was designated as a public right of way. Seeing no member of the public approach the lectern, Mayor Burch closed the public hearing. Commissioner Jerome Charles moved to approve the re-adoption of the zoning map, and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. Page 4 of 8 9) ORDINANCE(S) ON SECOND READING-QUASI-JUDICIAL ITEMS 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 MIAMIDADE 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 ordinance into the record. The meeting proceeded with the discussion of the rezoning of a parcel of land. Council Members disclosed any ex-parte communications they had regarding the item. The Clerk administered the oath for those who wished to provide testimony, and Interim Director David presented information about the rezoning of a specific parcel of land. The public comment period was opened and closed without further comments. Councilmember Jerome Charles moved to approve the ordinance, and Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote with all in favor. 10) RESOLUTIONS 10.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, ADOPTING A CHARITABLE DONATION AND SOLICITATION POLICY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEYS). Village Clerk Rodriguez read the caption of the resolution into the record. Attorney Wood provided opening remarks, providing an overview of the changes proposed at the special meeting. The meeting continued with the discussion of a resolution adopting a charitable donation and solicitation policy. Attorney Chanae Wood provided an overview of the policy changes, including thresholds for charitable donations and requirements for organizations seeking funds from the Village. Vice Mayor Jesse Valinsky suggested narrowing the policy to focus on in-kind donations for village events rather than monetary contributions to charities. Mayor George Burch expressed concerns about the policy regulating private donations and proposed amendments based on ordinances from other municipalities. A debate ensued regarding the scope of the policy and its implications for donor privacy and transparency. Attorney Chanae Wood clarified the language and purpose of the policy, emphasizing the need for transparency in soliciting and recording donations. The Council discussed whether the policy should focus on regulating Village-sponsored events or include private solicitations. The Council considered potential amendments to clarify the scope and requirements of the policy. Mayor George Burch raised concerns about the requirements for solicitation licenses and recent IRS letters for organizations seeking donations. Attorney Wood explained these measures form part of data collection to ensure funds are allocated appropriately. Mayor Burch also questioned the inclusion of charitable requests in the budget, expressing a preference for organizations to present their cases directly to the Council. Page 5 of 8 There was further discussion on the budget process, the necessity of certain requirements in the proposed resolution, and the need for more research and public input. Mayor Burch opened public comments. Alice Burch spoke about the two organizations (Pelican Harbor Seabird Station and North Miami Foundation for Senior Services) of which the Village has provided donations in the past, indicating both organization provide services not offered by the Village. There was consensus to table the discussion for further consideration and potential revision of the proposed resolution. The Council agreed to bifurcate the discussion to address the rules and procedures separately from the charitable donation resolution. Councilmember Jerome Charles moved to table the item for future review, Mayor George Burch seconded the motion, which carried a 5-0 voice vote with all in favor. 10.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, REPEALING AND REPLACING THE RULES OF PROCEDURES FOR COUNCIL MEETING WITH NEW RULES OF PROCEDURES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEYS). Village Clerk Rodriguez read the caption of the resolution into the record. Mayor Burch opened public comments. Maria McG uinness advocated for consistency in the time allotted for public comments, whether in person or via e-comments. Ms. McGuiness also suggested that the rules should include a common-sense approach to managing potentially disruptive behavior. Additionally, Ms. McGuinness pointed out the need for clarity regarding approaching the podium during meetings and suggested considering recent Supreme Court cases regarding social media use by public officials in the 21st century. Mayor George Burch then initiated discussions on proposed amendments to the rules of order. The amendments primarily focused on extending public comment time to three minutes uniformly and providing discretion for the Council to shorten comment time when necessary. Attorney Chanae Wood clarified that the three-minute allowance would be subject to the Council's discretion, especially in cases where a large number of individuals wish to speak on a single item. Councilmember Neil Cantor emphasized the importance of having discretion to manage public comment effectively, ensuring fairness to both speakers and residents. Vice Mayor Jesse Valinsky suggested that any decision to limit comment time should require a supermajority vote to prevent potential misuse of power by the majority. Amid discussions on the definition of "substantial time" and procedural matters, the Council also addressed other proposed changes, including the removal of a provision allowing residents to donate their speaking time to others. Attorney Chanae Wood clarified that this provision was removed, but the Council could still limit group representations to one speaker when necessary. Mayor Burch raised concerns about the language regarding submission deadlines for agenda items, prompting adjustments to ensure clarity and consistency. The Council also discussed the timing of agenda publication and submission deadlines, aiming to provide staff with ample time for review and preparation. Additionally, the Council addressed issues related to the rules governing public comment, including the Page 6 of 8 allowance of clapping for ceremonial purposes and the removal of the one-minute time limit after 9 p.m. Adjustments were made to accommodate the Council's preferences, with agreements reached on various procedural matters. Mayor George Burch moved to approve the amended rules of order, including the delegation of authority for other boards to operate independently within their own rules. Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote with all in favor. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A. DISCUSSION AND DISCUSSION AND POSSIBLE ACTION REGARDING SEWERS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor George Burch highlighted the Village's environmental challenges, noting predictions from a 2018 vulnerability study about rising groundwater levels affecting certain areas by 2023, which had indeed come to pass by 2024. Urging immediate action, Mayor Burch emphasized sewage issues and the financial burden on residents, proposing leveraging grants and potential county funding for sewer system upgrades. Village Manager Esmond Scott confirmed existing plans for sewer system upgrades but cited funding delays despite ready designs for construction. The discussion covered specific areas affected by funding breakdowns. The Council acknowledged the gravity of the situation and committed to moving forward with the bidding process for construction despite funding challenges. Mayor Burch opened public comments. Marianne Schmidhoffer explained she was under the impression of existing septic to sewer funding allocation for areas within Miami Shores Village. Village Manager Scott replied by indicating such funding has not been identified. No action was taken as previous instructions were provided to the Village Manager. 11.B. DISCUSSION AND POSSIBLE ACTION REGARDING BAYFRONT PARK SEAWALL DESIGN (SPONSORED BY: MAYOR GEORGE BURCH). Mayor George Burch introduced item 11B, discussing the Bayfront Park Seawall Design. Mayor Burch highlighted concerns about the current seawall height and its vulnerability to wave impacts during king tides. Mayor Burch advocated for raising the seawall to mitigate future risks and questioned why the proposed increase was only two feet instead of three feet. Councilmember Sandra Harris raised a question regarding the decision-making process behind the seawall height. Village Manager Esmond Scott explained that the project was 50% designed and reiterated the expertise of Chen Moore & Associates in managing the project. Councilmember Harris suggested bringing in professional engineers to address specific technical questions. Mayor Burch emphasized the importance of seeking input from professionals in the field, citing concerns raised by other experienced companies in the industry. He questioned why Chen Moore Associates opted for 15-foot steel sheets instead of 30-foot ones, highlighting the potential risks associated with the choice. Councilmember Jerome Charles expressed support for the proposed two-foot increase in seawall height, suggesting that addressing larger issues like sea-level rise might outweigh the need for a higher seawall. Mayor Burch countered by arguing that it might be more cost-effective to raise the seawall now rather than later when costs could potentially increase. Page 7 of 8 No action was taken. 11.C. RATIFICATION OF THE FRATERNAL ORDER OF POLICE (FOP) CONTRACT. (STAFF: VILLAGE MANAGER) Village Manager Scott provided an overview of the item, indicating the collective bargaining agreement between the Village and the FOP had expired on September 30th, 2023. Negotiations aimed to maintain the competitiveness of the Miami Shores Police Department's salaries compared to neighboring jurisdictions. A bargaining committee negotiated a three-year contract, which was ratified by the employees. The contract included a 4% cost-of-living adjustment (COLA) for the first year and a 3% COLA for the subsequent two years, along with an increase in longevity bonus, expansion of the pay plan, tuition reimbursement, and additional uniform allowances. The adjustments were within the targeted budgeted amount for the fiscal year, aiming to support officers' growth and development while attracting recruits. During discussions, Mayor George Burch presented salary comparisons with other cities, highlighting that Miami Shores paid its officers more than North Miami Beach and Miami Springs. Generally, Councilmembers expressed satisfaction with the contract terms and emphasized the importance of retaining experienced officers for community stability. Councilmember Sandra Harris raised concerns about promotion criteria and disciplinary procedures within the FOP, urging for clearer guidelines to ensure fairness and transparency. Mayor George Burch moved to ratify the FOP contract. Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 12) MANAGER’S REPORT The Village Manager’s report was taken before all items in the Discussion & Possible Action items. The report from Village Manager Esmond Scott highlighted a visit to County Commissioner Hardemon's office, where they discussed various community issues, including traffic problems and upcoming projects. The Manager also mentioned the celebration of Library Week from April 7th to 13th and discussed upcoming events, such as the Citizens Academy starting on April 29th, which already had 15 of its 20 spots filled. He clarified dates for budget workshops and the upcoming visit of the lobbyist, Kate DeLoach, on April 16th. Additionally, he commended Holly Hugdahl, Finance Director, for her efforts in recovering funds lost during Hurricane Irma, noting that she had recovered a significant amount. The report concluded with a mention of future presentations on grants and capital improvement projects at the next meeting. Next, Village Manager Esmond Scott reported on the lobbyists' identification of four potential laws affecting the village, emphasizing the significance of one regarding short-term rentals. 13) ATTORNEY'S REPORT There was no report. 14) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. Page 8 of 8 15) VILLAGE COUNCIL COMMENTS Mayor George Burch elaborated on the legislative process, expressing concerns about the impact of the proposed vacation rentals bill. Mayor Burch highlighted discrepancies between the existing village ordinance and the proposed bill, urging Council members to consider drafting letters expressing their views. Councilmember Charles clarified that residents could apply electronically for board consideration using their mobile devices or computers without needing to speak directly to the Clerk. Vice Mayor Jesse Valinsky raised concerns about planning and zoning priorities, emphasizing the need for clear direction to the planning and zoning board regarding the importance of reviewing the R-Districts simultaneously with the comprehensive review of the Village’s Zoning Code (Appendix A). Council members discussed the importance of simultaneous zoning review and expressed agreement on the need for clear direction. Responding to Mayor Burch’s inquiry, Attorney Chanae Wood clarified the role of the planning and zoning board and the Council in the zoning process. The Council reached a consensus on the need for a simultaneous review of zoning issues. Councilmember Neil Cantor- No comments. Councilmember Sandra Harris- No comments. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 10:07 PM.