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2024-04-16 Minutes1 MEETING MINUTES APRIL 16, 2024 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:40 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Councilmember Neil Cantor Councilmember Jerome Charles Councilmember Sandra Harris was absent. Vice Mayor Jesse Valinsky Mayor George Burch ALSO PRESENT: Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Mayor Burch requested a change the order of business, moving Items 13A and 13C under Presentations. 5) PRESENTATION 5.A A NEW APPROACH: WHY THE VILLAGE NEEDS TO BE MORE INVOLVED IN THE LEGISLATIVE PROCESS (PRESENTED BY: SCOTT DUDLEY- FLORIDA LEAGUE OF CITIES; REQUESTED BY MAYOR GEORGE BURCH). Mr. Scott Dudley, on behalf of the Florida League of Cities, delivered a presentation and answered questions posed by the Village Council. 2 6) BOARDS/COMMITTEES REPORT 6.A COUNTRY CLUB ADVISORY BOARD RECOMMENDATION REPORT. Mr. Bill Griffith, Country Club Advisory Board Chair, provided an update on the condition assessment of the Country Club’s capital improvement project. Mr. Griffith further spoke about REG’s assessment of the structure given the historic designation of the building. Mr. Griffith referenced Mr. Richard Heisenbottle's attendance at the last Country Club Advisory Board meeting. 7) MANAGER'S REPORT Village Manager Scott provided an update on operational matters and answered questions posed by the Village Council. Mr. Scott announced the recruitment of a new Planning & Zoning Director. 8) PUBLIC COMMENTS Toni McCormick thanked the Village Council for their hard work. Ms. McCormick further spoke about the County discussing the possibility of allowing additional structures in the backyard for rent. Palmetto Bay resident thanked MSPD for providing exceptional assistance. Janet Goodman thanked the Village Council and staff for posting the competitive solicitation regarding the Shores Estates septic to sewer conversion project. She further spoke in favor of mailing public notices to residents. Andrew McIntosh expressed his endorsement of the Village Manager's recruitment of a new Planning & Zoning Director. Pat Cocci spoke in support of the Village’s maintenance of the Miami Shores Presbyterian Church’s parking lot. Ms. Cocci announced a Miami Shores Village’s W omen's Club event and encouraged residents to attend. Nancy Dowson spoke about the need for a left-turn signal on 95th Street and 103 street and 2nd Avenue. Ms. Dowson inquired as to the contact person for such matters. Mayor Burch directed Ms. Dowson to the Ad Hoc Traffic Advisory Committee. 9) APPROVAL OF THE MINUTES 9.A APPROVAL OF THE MARCH 19, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK) Vice Mayor Valinsky moved to approve the minutes and Councilmember Charles seconded the motion which carried a 4-0 voice vote. 10) QUASI -JUDICIAL ITEMS 10.A APPEAL TO VILLAGE COUNCIL APPLICATION: VAR-23-41 APPLICANT: LANCE AND JENNIFER TINKLER AGENT: N/A ADDRESS: 620 NE 101ST ST. REQUEST: SEC. 702 HARDSHIP VARIANCE Village Clerk Rodriguez read the caption of the item into the record. 3 The meeting proceeded with the discussion of quasi-judicial procedures led by Attorney Wood. At the request of Attorney Wood, Council Members disclosed any ex-parte communications regarding the item. The Clerk administered the oath for those who wished to provide testimony, and Interim Director David presented information about the hardship variance request. Interim Director David indicated the applicant is requesting approval of the appeal which would permit the following: - Custom Fences, Walls and Gates along the front property line 5 feet in height with five-foot 6-inch columns where an overall height of 3 feet 6 inches is permitted. Mr. David provided an overview of the hardship variance conditions outlined in the Zoning Code. Mr. David indicated should the Village Council overturn the Planning and Zoning Board decision, staff recommends the following conditions: 1. The Applicant shall apply and obtain all required building permits from the Building Department before beginning construction. All elements shall comply with the Village Zoning Code including but not limited to drainage of stormwater and fences and/or walls requirements at the time of building permitting. 2. If the Applicant fails to submit for a building permit within one (1) year from the time of approval, all previous approvals shall become null, and void and the Applicant will be required to resubmit the plan for Site Plan Review. When there are extenuating circumstances that will prohibit the Applicant from obtaining a building permit within the time periods set forth above, the Applicant may file with the Planning and Zoning Department a one-time request for extension of time, prior to the expiration of the construction deadline. The Village Planning, Zoning and Resiliency Director may provide an extension not to exceed six (6) months and may impose such conditions on the extension as are warranted. No extension shall be accepted after the timeframe stated above has expired. The Planning and Zoning Board may grant an additional six (6)-month extension, upon a showing of extenuating circumstances and may impose such conditions on the extension as are warranted. In either case, no extension shall be accepted after the construction time limit has expired. 3. The construction of any new structure or new addition to an existing structure shall be completed and all construction material, equipment and debris removed from the property within 18 months of the date of the issuance of the first building permit, unless otherwise provided in a Village development order. 4. Prior to issuance of a building permit, the Village Clerk shall certify that there are no outstanding fines, moneys, fees, taxes, or other charges owed to the Village by the current or past owners or operators of the Property in which the building permit is being issued. A building permit will not be issued until all outstanding debts to the Village are paid in full. Village Attorney Wood read the Appeals section of the Village Code indicating the Village Council may override the Planning & Zoning Board decision if the applicants meet hardship requirements. Mr. Lance and Ms. Jennifer Tinkler presented testimony, stating that the variance request is motivated by public safety concerns, highlighting the unique and exceptional conditions affecting the property. The applicant explained why these conditions make strict compliance with the specified provisions of the ordinance impossible for the property, citing the presence of coyotes, proximity to the Golf Course, homeless individuals, heavy traffic, excessive speeding and police pulling cars over. 4 Mr. Tinker explained the project proposes an aluminum fence with CMU wall and pilasters along the north side of the property. In addition, it will have a gate made of two concrete columns and wood doors. Vice Mayor Valinsky inquired about the unique attributes of the subject property compared to others, expressing apprehension about altering regulations solely for this property. The discussion also touched on the presence of coyotes as part of the local wildlife. Ms. Jennifer Tinkler raised concerns about public safety, particularly regarding her three children who are under the age of six. Councilmember Charles inquired about the potential precedent-setting nature of overturning the decision. Attorney Wood elucidated on the concept of hardship variance and outlined the criteria the applicant must fulfill to justify the variance request, particularly regarding the three-foot hardship variance and why it may not be adequate. The public comment period was opened and closed without comments. Mayor Burch called the question. Councilmember Charles moved to overturn the Planning & Zoning Board decision and Neil Cantor seconded the motion which carried a 4-0 voice vote. Ms. Tinkler indicated there were no dissenting views from the public during both Planning and Zoning public hearings. No further action was taken. 11) ORDINANCE(S) ON FIRST READING 11.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE’S CODE OF ORDINANCES BY AMENDING CHAPTER 11, HISTORIC PRESERVATION, SECTION 11-2, DEFINITIONS TO AMEND CERTAIN DEFINITIONS; SECTION 11-4, HISTORIC PRESERVATION BOARD, TO CLARIFY THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION BOARD REGARDING HISTORIC MARKERS AND CERTIFICATES OF RECOGNITION; AND SECTION 11-5, CLASSIFICATION PROCEDURE TO REMOVE THE REQUIREMENT OF PLANNING AND ZONING BOARD REVIEW OF HISTORICALLY DESIGNATED PROPERTIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. A recess was called at 8:47 PM. The meeting resumed at 9:00 PM. Alex David, Interim Planning and Zoning Director, provided an overview of the suggested amendments and answered questions posed by the Village Council. Mr. David elucidated that under Sec. 11-4, Historic Preservation Board, the Board does not have the authority to approve the design of historical markers or issue certificates of recognition. The Board is requesting the amendment to Chapter 11, Historic Preservation to allow the Board to approve the markers. This would also include allowing for the creation of design standards for the markers to provide for uniformity throughout the Village. Lastly, as provided in Chapter 11, the Historic Preservation Board, in its advisory capacity, is charged with recommending to the Planning and Zoning Board the designation of a structure or site as a historic landmark. To streamline the historic designation process, staff recommended that Planning and Zoning Board review be removed as one of the steps under Sec. 11-5, Classification Procedure. 5 Mayor Burch opened the public hearing. Jeffrey Saadeh expressed support for the recommended changes to the ordinance. Mr. Saadeh also thanked Alex David for his service to Miami Shores Village. John Bachay spoke in support of the item. As there were no speakers approaching the lectern, Mayor Burch closed the public hearing. Councilmember Charles moved to approve the ordinance on first reading and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. 12) RESOLUTION(S) 12.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, DESIGNATING 525 NE 93rd STREET AS A VILLAGE HISTORIC LANDMARK; PROVIDING FOR INSTRUCTIONS UPON APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Alex David, Interim Planning and Zoning Director, provided an overview, indicating the Applicant, Edwin S. Reeder, has applied for Historic Designation of the single-family residence located at 525 NE 93rd Street (Folio# 11-3206-014-1000). The residence was designed by his father, Mr. Reeder, an architect, in a Mid-Century Modern Tropical Style and built in 1950 and consists of approximately 1,672 square feet of living area. For informational purposes, Mr. Reeder also designed the Brockway Memorial Library. He also helped design the Miami- Dade County Justice Building (now Richard E. Gerstein) and Jail Complex. Mayor Burch opened public comments. Patrizia Bonaduce clarified the record by stating the golf course was designated as a historic landmark as well. Ms. Bonaduce spoke about the importance of designating historic properties. Ms. Bonaduce further spoke in support of designating the home as a historic landmark. Mr. Reeder was present and asked questions posed by the Village Council. Councilmember Cantor moved to approve the resolution and Vice Mayor Valinsky seconded the motion which carried a 4-0 voice vote. In response to Mr. Scott’s announcement about the recruitment of a new Planning & Zoning Director, each Councilmember individually expressed gratitude to Mr. David for his service to the Village during the transition period in the Planning and Zoning Department. 13) DISCUSSION & POSSIBLE ACTION ITEMS 13.A DISCUSSION AND POSSIBLE ACTION ON THE COUNTRY CLUB ADVISORY BOARD'S RECOMMENDATION (SPOSNORED BY: MAYOR GEORGE BURCH). 6 Mayor Burch provided opening remarks, introducing Mr. Richard J. Heisenbottle, architect and president of RJ Heisenbottle Architects, who will provide information regarding grant funding opportunities for restoration of historic buildings such as the Miami Shores Country Club (MSCC) and Golf Course. Mr. Heisenbottle provided an overview of the Florida Department of State Special Category Grant, which is a $500,000 matching grant which will help support major local, regional and state-wide efforts to preserve significant historic and archaeological resources, and assist major archaeological excavations or research projects. Mr. Heisenbottle encouraged the Village to make the most of the grant program. Responding to Vice Mayor Valinsky’s inquiry regarding limitations to the restoration of the MSCC given its historic designation, Mr. Heisenbottle noted there are regulations and guidelines mandating sensitivity to the property's historic nature. Nonetheless, he doesn't view it as a hindrance to the structure's rehabilitation. Mayor Burch inquired as to whether the Village is too far along in the planning process to receive funding for said portion of the endeavor. Mr. Heisenbottle indicated such funding is not applicable to the planning phase at this juncture because it cannot be applied retroactively. No action was taken. 13.B DISCUSSION AND POSSIBLE ACTION REGARDING THE MIAMI SHORES PRESBYTERIAN CHURCH NORTH PARKING LOT MAINTENANCE (SPONSORED BY MAYOR GEORGE BURCH). Mayor Burch deferred the item to the next meeting. 13.C DISCUSSION AND POSSIBLE ACTION CONCERNING JOLT ELECTRIC VEHICLE CHARGING STATIONS (SPONSORED BY: MAYOR GEORGE BURCH). William Watts, Jolt representative, delivered a presentation and answered questions posed by the Village Council. Mr. Watts outlined Jolt’s proposal to the Village, stating: - Jolt offers Miami Shores a 5% share of voice on the digital screens for City advertising and the screens will also be made available for emergency warnings at the Village’s discretion. - Jolt will fund all operating costs including customer support (call center), the charging app, contactless payment terminals and data processing. - Jolt will fund all maintenance and upgrade costs of the EV chargers to deliver an uptime of 97% - Jolt will pay Miami Shores a fixed fee per EV Charger per annum - Jolt will install DC Level 3 charging at a 50 kW, which provides rapid charging at minimal stress to the local electricity grid in. - Jolt will fund all installation and project costs, to the extent Miami Shores can secure grant funding for Jolt’s proposal, Jolt will repay these to the Village. Mayor Burch opened public comments. Armando Alvarez asked the presenter how fast the chargers are. Mr. Watts replied the chargers are fifty (50) kilowatts. Hutch Gurevitz asked who is responsible for obtaining the advertisement and what happens when there isn’t sufficient advertisements. 7 14) ATTORNEY'S REPORT No comments. 15) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 16) VILLAGE COUNCIL COMMENTS Councilmember Neil Cantor- Councilmember Cantor expressed remarks regarding the direction of the Village Council. Councilmember Cantor spoke about his acceptance of the electric charging station task and the importance of determining the best solution for the Village. Vice Mayor Jesse Valinsky- Vice Mayor Valinsky echoed the Village Clerk’s announcement regarding committee vacancies and encouraged residents to apply. Councilmember Jerome Charles- Councilmember Charles proposed that the Council deliberate on giving guidance to staff concerning the venue for upcoming Council Meetings. He reminded the Council of the earlier trial-based directive regarding this matter. Responding to the request, Mayor Burch spoke in support of meeting in Council Chambers. Vice Mayor Valinsky spoke in support of meeting in Council Chambers but expressed reservations about making a decision in light of Councilmember Harris’ absence. Mayor George Burch- No comments. 17) ADJOURNMENT There being no further business before the Council Meeting, the meeting adjourned at 9:23 PM.