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2024-07-16 Minutes1 MEETING MINUTES JULY 16, 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 via Zoom. Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Councilmember Harris moved to change the order of business, requesting items 9.A. and 9.C. be considered at the beginning of the agenda. Councilmember Charles seconded the motion, which carried a unanimous vote. 5) PUBLIC COMMENTS Maria McGuinness spoke in favor of creating a clear timeline for public engagement with respect to the community residential and other zoning amendment hearings. 2 6) APPROVAL OF MINUTES 7.A. APPROVAL OF THE MAY 7, 2024 PRE-BUDGET WORKSHOP MINUTES (STAFF: VILLAGE CLERK) Vice Mayor Valinsky moved to approve the May 7, 2024 minutes. Councilmember Charles seconded the motion, which carried with a unanimous voice vote. 7.B. APPROVAL OF THE JUNE 18, 2024 VILLAGE COUNCIL MINUTES (STAFF: VILLAGE CLERK) Vice Mayor Valinsky moved to approve the June 18, 2024 minutes. Councilmember Charles seconded the motion, which carried a unanimous voice vote. 7) RESOLUTIONS 9.A. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE AGREEMENT WITH WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. FOR LEGAL SERVICES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY: VICE MAYOR JESSE VALINSKY). Vice Mayor Valinsky discussed the proposed resolution concerning legal services, noting that the original agreement was relatively low relative to the scope of services provided by Weiss Serota. As a result, the new agreement represents a significant increase. Nonetheless, Vice Mayor Valinsky emphasized that the agreement offers fair value for the cost. Councilmember Charles compared legal services costs of similar municipalities, supporting the new agreement as justified in terms of both cost and value. Discussion ensued regarding the adjustment policy provision to account for the inflation of regular business costs. Said provision stipulates, beginning October 1, 2025, the rates and monthly retainers under the agreement will automatically increase annually by the greater of 4% or the annual change in the Consumer Price Index ("CPI"), as established by the Bureau of Labor and Statistics and applicable to the Miami/Ft. Lauderdale Area. Councilmember Harris expressed support for the terms but requested further clarification on the current Consumer Price Index (CPI). Village Attorney Wood clarified that 4% is the minimum rate tied to the CPI, and if the CPI exceeds 4%, the Village will match the current CPI rate. Councilmember Harris suggested lowering the 4% increase specified in the agreement to 3%. Village Attorney Wood explained that the 4% rate was negotiated between her firm and Vice Mayor Valinsky. Mayor Burch highlighted the high cost of living in South Florida. Given the lack of support from other Councilmembers, Councilmember Harris withdrew her recommendation. Vice Mayor Valinsky added that the contract could be canceled next year if the Council wishes. Village Attorney Wood also noted that her firm is employed at will, allowing for adjustments to the agreement at any time. Vice Mayor Valinsky expressed support for renegotiating the terms if the CPI rises in the future. Mayor Burch reviewed recent inflation rates. There were no public comments on the item. Vice Mayor Valinksy moved to approve the resolution as presented and Councilmember Cantor seconded the motion which carried a unanimous voice vote. 3 9.C. A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST AND SECOND PUBLIC HEARINGS AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK AND VILLAGE MANAGER TO FILE THIS RESOLUTION, IF REQUIRED, WITH THE MIAMI- DADE COUNTY PROPERTY APPRAISER; AUTHORIZING THE VILLAGE MANAGER TO CHANGE THE BUDGET HEARING DATES IF NEEDED; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: FINANCE DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Director of Finance Holly Hugdahl spoke in favor of upholding the current millage rate, even though the maximum millage rate is subject to Council consideration. There were no public comments on the item. Councilmember Charles moved to approve the resolution, setting the maximum millage rate of 7.8 and Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. Councilmember Sandra Harris left the meeting at 7:00 pm. 8) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 8.A. AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING APPENDIX A, “ZONING” OF THE VILLAGE’S CODE OF ORDINANCES BY AMENDING SECTION 201, “TENSE AND NUMBER; CERTAIN WORDS, TERMS DEFINED,” TO CREATE DEFINITIONS FOR “FLOOR AREA RATIO,” “IMPERVIOUS AREA,” AND “LOT COVERAGE,” AMENDING SECTION 404, “COMPLIANCE WITH SPACE AND AREA RESTRICTIONS”AND SECTION 406, “REDUCTION OF PLOT AREA SO AS TO PROVIDE FOR SMALLER YARD OR OPEN SPACE PROHIBITED” BOTH FOR CONSISTENCY AND CLARITY, AND CREATING SECTION 411, “DEVELOPMENT STANDARDS” TO RELOCATE THE VILLAGE’S SCHEDULE OF REGULATIONS; CREATING SECTION 412 TO ESTABLISH REGULATIONS FOR MAXIMUM LOT COVERAGE, FLOOR AREA RATIO, MAXIMUM IMPERVIOUS AREA, AND SUPPLEMENTAL YARD DEPTH AND STEP BACK REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE ONE-FAMILY RESIDENTIAL (R) DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (STAFF: INTERIM PLANNING AND ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Mr. Joseph Corradino, the interim Planning, Zoning, and Resiliency Director, provided an overview of proposed zoning amendments, recommending approval. Mr. Corradino indicated the proposed changes are temporary in nature until such time the Village amends its zoning code. As part of the Zoning in Progress (ZIP), the Village has 60 days to amend its ordinance and provide additional tools by which to measure and evaluate development in the single-family districts. Currently, the Village does not have tools that regulate how much of the lot may be covered or how the massing of a structure can be regulated. The Village does not have architectural design standards on which to rely. Mr. Corradino stated these proposed changes to the Code were presented at the Village Planning & Zoning Board meeting on June 27, 2024 and before the Village Council for first reading on July 2, 2024. 4 Mr. Corradino stated it is recommended to use a combination of four tools to regulate building volume and massing. These include: • Maximum Lot Coverage • Maximum Impervious Area • Floor Area Ratio • Setbacks and Step backs Mr. Corradino proposed an additional amendment to the ordinance, changing the effective date to August 1, 2024. The purpose is to ensure applicants who are scheduled to appear before the Planning & Zoning Board are able to proceed with the hearing. Mayor Burch opened the public hearing. Felipe Lamas spoke against the proposed zoning amendment. Carol Respondek spoke in favor of the proposed zoning amendment. Alex Menendez spoke against the proposed zoning amendment. Diane Stead spoke in favor of the proposed zoning amendment. Richard Harris spoke against the proposed zoning amendment. Pat Toomey spoke in favor of the proposed zoning amendment. Nancy Dowson spoke in favor of the proposed zoning amendment. Matt Strong spoke against the proposed zoning amendment. Linda Ortigoza spoke in favor of the proposed zoning amendment. Jerry Lance spoke in favor of the proposed zoning amendment. Brandon Spirk spoke in favor of the proposed zoning amendment. Gabby Harris spoke against the proposed zoning amendment. Nicole Brofman spoke against the proposed zoning amendment. Maria McGuinness spoke in favor of the proposed zoning amendment. Linda Schwartz spoke in favor of the proposed zoning amendment. Mary Barbara Ivie spoke in favor of the proposed zoning amendment. Village Clerk Rodriguez also read eComments into the record. Vice Mayor Valinsky asked Village Attorney Wood to explain the current ordinance as amended. Village Attorney Wood conveyed the ordinance would not apply to smaller additions to existing homes and also clarified that the recommendation by the Planning and Zoning Board was for homes that are less than the 50 percent of the floor area are for the step back requirement. Vice Mayor Valinsky asked Village Attorney Wood about the effective date of the amendment if passed 5 and also for an explanation regarding the implications of the amendment for step backs and vertical planes. Village Attorney Wood clarified the effective date, stating the language in the Zoning in progress will expire at adoption or within sixty (60) days, whichever comes first. However, should the Village Council accept staff’s recommendation to amend the ordinance to reflect an expiration of August 1, 2024, such date would be deemed the effective date. Attorney Wood indicated Section 2 will added to reflect the following language “A front or side façade of any one-family dwelling that is at least six feet back from the applicable setback.” Village Attorney Wood elaborated on further definitions and clarifications regarding step backs. Mr. Corradino explained the intent of the step back provision was to accomplish articulation of the building while avoiding vertical massing. Village Attorney clarified “A front or side façade of any one-family dwelling that is at least six feet back from the applicable setback” does not have to adhere to Subsection E. Responding to Vice Mayor Valinsky’s request for clarification, Mr. Corradino explained the step back provision includes the additional step back of six feet for second story on both front and side yards. The vertical plane of the front facade(s) of the second story, including balconies, shall not exceed 65% of the allowable facade width. Discussion ensued regarding the applicability of Subsection E to one-family dwellings. Councilmember Cantor expressed support for the ordinance, stating that the process was not rushed and is necessary to fix problems with recent development. Councilmember Charles stated the zoning code is not overly restrictive based on research conducted by the Corradino Group. Responding to Councilmember Charles’ question, Village Attorney Wood explained the ordinance could be effective today (based on current wording), or August 1, 2024 (based on a proposed change by staff). Members of Council discussed implications of changing the effective date for submitted applications. Attorney Wood stated the decision to uphold or amend the effective date is a policy decision. Attorney Wood clarified the proposed amendment (August 1) to the effective date would not affect applicants slated for the July 25, 2024 Planning and Zoning Board hearing. Vice Mayor Valinsky moved to amend the ordinance effective date to August 1, 2024 and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. Vice Mayor Valinsky moved to amend the ordinance with additional language clarifying step backs and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. Attorney Wood, at the suggestion of the Village Manager, asked Council to consider amending the effective date to July 26, 2024, which is the same date as the next Planning and Zoning Board meeting. Vice Mayor Valinsky moved to reconsider the effective date of August 1and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. Vice Mayor Valinsky moved to amend the effective date of the ordinance to July 26, 2024 and Councilmember Cantor seconded the motion which carried a 4-0 voice vote. Vice Mayor Valinsky moved to adopt the ordinance as amended and Councilmember Charles seconded the motion which carried a 4-0 voice vote. The Council took a short recess at 8:21pm. 6 9) RESOLUTIONS 9.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 IN AN AMOUNT NOT TO EXCEED $468,833 FOR THE CONSTRUCTION AND CONSTRUCTION AND ENGINEERING INSPECTION (CEI) SERVICES REQUIRED FOR THE MULTIMODAL MOBILITY IMPROVEMENTS ALONG NE 96th STREET FROM NE 2nd AVENUE TO NE 12th AVENUE AND THE INTERSECTION OF NE 96th STREET AND BISCAYNE, SEE "EXHIBIT A" FOR COMPLETE PROJECT LOCATIONS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. There were no public comments on the item. Public Works Director Christopher Miranda provided an overview of the item, citing this application request requires funding for “early win” projects identified in the Miami Shores Village Multimodal Mobility Study, which was adopted in November 2015. The proposed projects provide enhanced safety and mobility for pedestrians and bicyclists by implementing neighborhood greenways, shared lane markings, high-emphasis textured intersections, and bicycle and pedestrian crossing improvements. These improvements will serve to better connect the east side of Miami Shores with schools, businesses, and the Miami Shores Recreation Complex located in the central part of the Village. Councilmember Charles moved to adopt the resolution and Vice Mayor Valinsky seconded the motion which carried a 4-0 voice vote. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A. DISCUSSION AND POSSIBLE ACTION REGARDING THE ADOPTION OF THE COUNTY'S LANDSCAPE IRRIGATION ORDINANCE (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, asking Council to consider the County’s ordinance which provides minimum standards for the Village. Village Manager Scott gave background information on the item, stating it is easier to adopt the County’s ordinance, adding a provision which stipulates enforcement will be handled by the Village. There were no public comments on the item. By way of consensus, the Village Council directed the Village Manager and the Village Attorney to proceed with such ordinance amendment for future Council consideration. No further action was taken. 7 11) MANAGER’S REPORT Village Manager Scott provided an update on operational matters. Village Manager Scott reported on the proposed compensation study by Evergreen Solutions, which will also include a classification study. Such comprehensive study will cost $42,500 which exceeds the Village Manager’s spending threshold. Village Manager Scott asked Council to consider waiving the procurement procedures and approving the proposed cost of the studies. By way of consensus, the Village Council approved the cost associated with the compensation and classification studies. Village Manager Scott announced Christopher Miranda’s last day of employment as Public Works Director, praising Mr. Miranda’s dedication to the Village. The members of the Council thanked Mr. Miranda for his outstanding service with a standing ovation. Mr. Miranda expressed gratitude for his time with the Village. 12) ATTORNEY’S REPORT Village Attorney Wood provided did not have items to report. 13) ANNOUNCEMENTS There were no announcements. 14) VILLAGE COUNCIL COMMENTS The were no comments. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:43 PM.