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2024-06-04 MinutesPage | 1 MEETING MINUTES JUNE 4, 2024 6:30PM 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 Jerome Charles Councilmember Sandra Harris Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS – ADDITIONS, DELETIONS, & DEFERRALS Village Manager Scott pulled items 7B, 7C, 7D, and 8A from the agenda. Mayor Burch pulled item 11A. 5) MANAGER’S UPDATE Village Manager Scott discussed the athletic field. From the standpoint of staff, the athletic field was in a condition that was a cause for concern. One of the questions that would be examined was why the athletic fields were not being maintained. The fields were mowed three days per week and irrigated daily, although the irrigation system was compromised. As of 2023, an outside vendor maintained the fields. They were responsible for soil testing, applications of fertilizers, weed control, pesticides, and herbicides. Village Manager Scott stated he believed the fields were being maintained properly and there were Page | 2 enough funds to maintain them. There had not been a qualified applicant for the grounds foreman position since the individual had retired in 2021, so there was not a full-time person on staff. A third-party vendor had been performing the applications since his retirement. The current vendor was doing the best they could to treat the fields in the authorized manner. 6) PUBLIC COMMENTS Jennifer Bowman spoke about the athletic fields and discussed the liability due to the divots in the fields. Carlos Llanos spoke about the proposed zoning in progress on new construction and encouraged everyone to look into it. He spoke about historic homes and the movement to force designation on homes. Nick Payton spoke about the need for increased maintenance of the athletic fields. Patrizia Bonaduce provided education on the historic designation process. She clarified homes were only designated as historic with the owner's consent. She offered her opinion on appropriate versus inappropriate renovations. Jeffrey Saadeh spoke about the misconceptions on historic home preservation and the information circulating about Patrizia Bonaduce. Carol Respondek spoke on behalf of the Sustainability and Resiliency Committee and discussed items they had worked on in the past few months. She advocated for greater marine diversity and the construction of the sea wall. Raul Cuervo discussed the issues of speeding on North Miami Avenue and suggested adding speed humps. Maria McGuiness spoke about the comments regarding the Historic Preservation Board. She discussed the language in the zoning code. Pat Toomey spoke about the proposed zoning in progress resolution and discussed the importance of supporting the zoning in progress item. He also spoke about the speeding issue on North Miami Avenue. Mike Loffredo spoke about the blinking crosswalk signs on 6th Avenue and clarified that Northeast 4th Avenue would be a great place for blinking crosswalk signs. He also discussed the zoning in progress resolution. Linda Schwartz spoke in support of the proposed zoning in progress resolution. Victor Bruce spoke about the zoning code and its limits. He spoke against the proposed zoning in progress resolution and provided suggestions. 7) CONSENT AGENDA 7.A APPROVAL OF THE MAY 7, 2024 MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Jerome Charles moved to approve the May 7, 2024 meeting minutes. Councilmember Sandra Harris seconded the motion, which carried a unanimous vote. Page | 3 7.B A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A FLORIDA LOCAL AGENCY PROGRAM ("LAP") AGREEMENT FM# 441638-1-58-01/ 68-01 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $468,833 FOR THE CONSTRUCTION AND CONSTRUCTION AND ENGINEERING INSPECTION (CEI) SERVICES REQUIRED FOR THE MULTIMODAL MOBILITY IMPROVEMENTS ALONG N. MIAMI AVENUE FROM NE 91ST STREET TO NE 111TH STREET; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR) This item was deferred. 7.C A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A FLORIDA LOCAL AGENCY PROGRAM ("LAP") AGREEMENT FM# 446054-1-58-01/ 68-01 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE IN AN AMOUNT NOT TO EXCEED $375,655 FOR THE CONSTRUCTION OF AND CONSTRUCTION AND ENGINEERING INSPECTION (CEI) SERVICES REQUIRED FOR THE MULTIMODAL MOBILITY IMPROVEMENTS ALONG NE 6TH AVENUE (SR 915) BETWEEN 96TH STREET AND NE 107TH STREET PEDESTRIAN PROMENADE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT AND PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR). This item was deferred. 7.D A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A FLORIDA LOCAL AGENCY PROGRAM ("LAP") AGREEMENT FM# 447970-1-58-01/ 68-01 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $458,680 FOR THE CONSTRUCTION AND CONSTRUCTION AND ENGINEERING INSPECTION (CEI) SERVICES FOR FLAGLER TRAIL ON CLUB DRIVE, BETWEEN NE 91ST STREET AND NE 100TH STREET; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY RELATED DOCUMENTS REQUIRED TO BE EXECUTED BY THE AGREEMENT (STAFF: PUBLIC WORKS DIRECTOR). This item was deferred. 8) ORDINANCE(S) ON FIRST READING 8.A AN ORDINANCE OF THE MIAMI SHORES VILLAGE, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES RULE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (40E-24, F.A.C.); PROVIDING DEFINITIONS; PROVIDING FOR THE APPLICABILITY OF THE ORDINANCE; PROVIDING THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULE; PROVIDING FOR A REQUIREMENT TO Page | 4 OPERATE TECHNOLOGY THAT INHIBITS OR INTERRUPTS AN IRRIGATION SYSTEM DURING PERIODS OF SUFFICIENT MOISTURE; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION OF THE ORDINANCE; PROVIDING FOR THE REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). This item was deferred. 9) RESOLUTIONS 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, DECLARING ZONING IN PROGRESS FOR PREPARATION OF AMENDMENTS TO APPENDIX A, “ZONING” OF THE VILLAGE CODE OF ORDINANCES, APPLICABLE TO ALL APPLICATIONS ON PROPERTIES LOCATED IN THE RESIDENTIAL (R) ZONING DISTRICTS FOR (1) NEW SINGLE-FAMILY HOMES; AND (2) ADDITIONS TO EXISTING SINGLE FAMILY HOMES IN EXCESS OF 50% EXISTING SQUARE FOOTAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). Village Clerk Rodriguez read the resolution into the record. Village Attorney Wood clarified that the resolution was not a moratorium but a zoning process, highlighting the distinction between the two legal approaches. During prior planning and zoning meetings, many comments on approved properties focused on lot coverage issues. Over the past two years, it was consistently communicated that, following the completion of the comprehensive plan, the Village Administration would proceed with zoning code amendments. Staff and legal advisors developed a strategy to address the issue effectively. To ensure a focused approach, they proposed addressing a few recurring topics from the planning and zoning discussions. Consequently, they suggested implementing a temporary pause on applications for properties in the R district. Village Attorney Wood elaborated on this proposed pause. Vice Mayor Valinsky discussed the resolution to clear up any misconceptions and explained why the updates to zoning were being done. Councilmember Harris expressed her opposition to the resolution, citing her general stance against government overreach. She suggested allowing for new development to move forward unless it exceeded 50% coverage. Village Attorney Wood stated that they could examine a change of scope. Councilmember Cantor stated that 60 days would allow to keep Corradino Group on schedule and asked for clarification on the resolution. Village Attorney Wood explained the resolution and the difference between new construction and the 50% rule. Mayor Burch asked for an explanation on why 60 days was needed to do the targeted approach and asked for clarification on language in the resolution. Village Attorney Wood explained that 180 days was the typical time needed, and 60 days was the minimum amount of time needed. The vested rights language was included due to case law and was standard language. Mayor Burch asked for additional clarification on how decisions would be made. Village Attorney Wood explained that it would be based on the impact on health, safety, and wellness with competent substantial evidence. Mayor Burch opened the floor to public comments. Page | 5 Jeffrey Saadeh discussed the impact of the 60-day timespan on prospective projects, aligning his views with those of Mr. Bruce and Councilmember Harris. Janet Goodman expressed her support for the zoning in progress resolution during the ongoing zoning code amendments. Carol Respondek supported the proposed resolution and requested the inclusion of references to impervious versus pervious requirements. Nancy Dowson inquired about restrictions on grass and greenery, suggesting that future renderings include the perspective of neighbors and the impact on greenery. Carmen Renick presented pictures to the Council depicting a neighbor’s view of the ongoing construction. Dennis Leyva spoke in favor of the item, opposing out-of-scale homes due to their impact on neighboring properties concerning flooding and privacy. Brandon Spirk opposed Mr. Bruce’s suggestions, asserting that they insufficiently address residents' concerns about out-of-scale properties. Maria McGuiness agreed with Mr. Spirk and urged the Council to support the resolution, allowing Village staff and Council to address the zoning code amendments. She thanked Village Manager Scott, Deputy Village Manager Gunn, Attorney Wood, and past employees who advocated for the zoning in progress resolution. Village Clerk Rodriguez read the e-comments. Village Attorney Wood clarified that the resolution is set for 60 days or until the amendments are adopted, whichever comes first, so the duration could be shorter. After 60 days, the resolution will expire and would need to be renewed for an extension. Vice Mayor Valinsky moved to approve item 9A. Councilmember Charles seconded the motion, which carried a 4-1 voice vote. Councilmember Harris voted in opposition. 10) BOARD APPOINTMENT(S) 10.A APPOINTMENTS TO THE DOCTORS CHARTER SCHOOL BOARD (STAFF: VILLAGE CLERK) Village Clerk Rodriguez provided a brief introduction and invited the individuals to step onto the lectern and introduce themselves. Angela Attento, George Garcia, Andrew Lemke, Dana Vignale, and Doctor Margie Scott stepped forward and introduced themselves. Mayor Burch opened the floor to public comments. Village Clerk Rodriguez read the e-comments. The Council cast votes by way of ballots and selected their top three applicants. Village Clerk Rodriguez read the ballots from each Council member into the record. COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER VICE-MAYOR MAYOR Page | 6 CANTOR CHARLES HARRIS VALINSKY BURCH ANGELA ATTENTO X JORGE GARCIA X X ANDREW LEMKE X X X X DANA VIGNALE X X X MARGIE WESSEL SCOTT X X X X X Doctor Margie Scott, Dana Vignale, and Andrew Lemke were appointed to the Doctors Charter School Board. 10.B APPOINTMENT TO THE AD HOC COMMUNICATIONS ADVISORY COMMITTEE (STAFF: VILLAGE CLERK) Village Clerk Rodriguez provided a brief introduction and reported that there was only one applicant, Jessica Pfeffer. Vice Mayor Valinsky moved to appoint Jessica Pfeffer to the Ad Hoc Communications Advisory Committee. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A. DISCUSSION AND POSSIBLE ACTION ON VILLAGE SIDEWALKS (SPONSORED BY: MAYOR GEORGE BUSH) This item was deferred. 11.B. DISCUSSION AND POSSIBLE ACTION ON ATHLETIC FIELD MAINTENANCE (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch presented pictures of the athletic field, highlighting two issues: fertilizer and water. He emphasized that the field needed aggressive fertilization to be saved and suggested changing the fertilizer ordinance, which currently prohibits fertilizing athletic fields in the summer. Vice Mayor Valinsky fully supported Mayor Burch's points and asked Village Manager Scott what steps were needed to get back on track. Councilmember Harris inquired whether the issue was due to the type of fertilizer or the time of year. Village Manager Scott explained it was both, noting that the standard application practice had caused the problems. Page | 7 Councilmember Charles asked if a seeding opportunity had been missed. Village Manager Scott responded that various factors had contributed to the issue. Councilmember Charles then asked about the solution to restore the field. Village Manager Scott indicated that re-sodding and improved irrigation were necessary, as there were concerns about adequate coverage due to leaks in the irrigation system. Councilmember Cantor agreed that staff must do whatever is necessary to restore the fields to their former state. Councilmember Harris suggested they decide during the meeting what measures to allow during the summer. Mayor Burch proposed altering the ordinance to permit summer fertilization of athletic fields. Mayor Burch opened the floor to public comments. Katherine Garcia shared her support for the integrated pest management policy and provided historical context of the adoption of the policy. Ms. Garcia stated there is no willingness to seek an IPM strategy and asked Council to uphold IPM will tending to the recreation fields. Village Clerk Rodriguez read the e-comments. Village Manager Scott explained the emergency exemption process. Councilmember Harris moved to update the IPM Administrative Policy Section M regarding emergency procedures to include the emergency use of fertilizers and pesticides and also to remove the time of fertilization and allow it to be done year-round. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 11.C. DISCUSSION AND POSSIBLE ACTION ON DISTRIBUTING INFORMATION ON RECENT MIAMI DADE COUNTY LAWS AND HOW THE VILLAGE PLANS TO ENFORCE THESE LAWS (SPONSORED BY: MAYOR GEORGE BURCH). This item was not discussed. 12) MANAGER’S REPORT Village Manager Scott reported that on May 7, 2024 the Council had approved the contract between Coastal Risk Consultants and Miami Shores Village for a vulnerability assessment. The public meeting scheduled for June 5 was postponed, and the purpose was to explain the scope of the project. When the proposed workshop and meeting were scheduled again, there would be ample time for everyone to be informed. Village Manager Scott stated that Deputy Village Manager Gunn, Director Chris, and he went to see Secretary Stacy Miller in her office on May 23 to discuss better partnerships and initiatives. The underpass area getting off I-95 was discussed. Some other items discussed were the Northeast Street construction projects, landscaping, traffic, traffic improvements, and a community aesthetic feature Board. 13) ATTORNEY'S REPORT No report. 14) ANNOUNCEMENTS Page | 8 There were no announcements. 15) VILLAGE COUNCIL COMMENTS Councilmember Cantor expressed his desire for Council support on his proposal to feature a real-time timeline for at least the ten most important Village projects/initiatives on the website. Mayor Burch mentioned that he would like the minutes from various committees to be forwarded to Councilmembers. Vice Mayor Valinsky concurred with Mayor Burch's suggestion. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:15 PM.