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2025-03-04 Council Meeting Minutes*000h1t6mle r�mes A�ivrp MEETING MINUTES MARCH 4, 2025 6:30 PM 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 - Absent Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Village Clerk Rodriguez stated Item 10A has been deferred by the Village Manager. Vice Mayor Valinsky moved to approve the order of business as amended. Councilmember Charles seconded the motion which carried a 4-0 voice vote. 5) PRESENTATIONS 5.A ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR FISCAL YEAR 2023 ( BY: CBIZ INDEPENDENT AUDITING FIRM). Finance Consultant Holly Hugdahl introduced Moses Ariza, CPA of CBIZ to provide updates on the audit for the fiscal year ending in 2023. Mr. Ariza discussed areas of the Annual Comprehensive Financial Report. As part of the report, areas of improvement are documented in accordance with Florida Statutes. Mr. Ariza mentioned a final report will be available by the end of the month. He thanked the Village Manager and the Finance Department for their assistance and made himself available for any questions. 6) MANAGER'S UPDATE No updates were provided by the Village Manager. 7) PUBLIC COMMENTS Bekky Leonard encouraged residents to support the Miami Shores Property Owners Association Candidate forum on March 19t" at the Community Center. Ms. Leonard also spoke in favor of the proposed CR district zoning code. Carol Eannace Respondek thanked the Planning and Zoning Board for their efforts and spoke in favor of the proposed CR district zoning code. Clark Reynolds spoke in favor of the proposed CR district zoning code. Janet thanked the Planning and Zoning Board for their efforts and the Village Council for approving the proposed CR district zoning code regulations. Antonio Chiarella spoke in favor of the proposed CR district zoning code and thanked all involved. Patrick Toomey spoke in favor of the proposed CR district zoning code standards. Laura Cordy spoke of the uniqueness of the Village and the desire to preserve it. She also spoke in favor of the proposed CR district zoning code. Toni McCormick thanked all involved in the CR district zoning code process. However, she expressed her disappointment that Doctors Charter School will not receive a soccer field. Dennis Leyva thanked the Planning and Zoning Board for all of their efforts. He asked for the Village Council to pass the proposed CR district zoning code. Tim Duerkop spoke in favor of the proposed ordinance and asked Council to vote in favor of the proposed CR district zoning code. Village Clerk Rodriguez read eComments into the record. 8) CONSENT AGENDA Vice Mayor Valinsky moved to approve the consent agenda. Councilmember Charles seconded the motion, which carried a 4-0 voice vote. 8.A APPOINTMENT OF ELECTION POLL WORKERS FOR THE 2025 MIAMI SHORES VILLAGE COUNCIL ELECTION (STAFF: VILLAGE CLERK). Passed on Consent. 9) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING APPENDIX A, ZONING, ARTICLE II, DEFINITIONS, SECTION 201, TENSE AND NUMBER; CERTAIN WORDS, TERMS DEFINED TO UPDATE DEFINITIONS; ARTICLE III, DISTRICTS AND DISTRICT MAP, SECTION 300(2) AND ARTICLE IV, ESTABLISHMENT OF REGULATIONS, SECTION 411, SCHEDULE OF REGULATIONS, TO INCLUDE THE COMMUNITY RESIDENTIAL DISTRICT; AND CREATING DIVISION 25, COMMUNITY RESIDENTIAL DISTRICT TO ESTABLISH REGULATIONS FOR THE (CR) COMMUNITY RESIDENTIAL DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Eddy Nunez of the Corradino Group and Interim Planning and Zoning Director, presented an update on the steps taken to arrive at the second reading for the proposed CR district zoning code ordinance. He stated a review of local municipalities with similar townhouse zoning codes was used as a base for the study. Mr. Nunez highlighted seven (7) public meetings took place, the largest gathering was at Doctors Charter School on September 12t"with over 85 respondents. He mentioned workshops, stakeholder meetings, surveys, comment cards and online comments resulted in the construction of the resident survey and the subsequent code. The information gathered demonstrated the changes between first and second readings: • Multifamily units allowed to no more than 15%. • Ownership and maintenance of common open spaces to be negotiated and approved by the Village Council at the time of site plan review. • Common open space, no more than 55% of impervious materials. • Common open space requirements for all development within the CR district. Interim Planning and Zoning Director Nunez indicated where the Planning and Zoning Board differed from the community input survey: Common Open Spaces Lot Width Townhouse Groupings Building Height Visitor Parking Plannina and Zonina Board 35% No less than 25 ft. 2 minimum — 8 maximum 35 ft. maximum, 3 stories 1 space per 10 units Communitv Reauests 39% 79 ft. 2.9 minimum — 6 maximum +/- 33 ft., 2.6 stories 2 spaces per 10 units Interim Planning and Zoning Director Nunez stated the Village Council may amend these provisions at any time. He read staff's recommendation to approve the proposed code amendments. Mayor Burch asked Interim Planning and Zoning Director Nunez to verify the number of buildable acreage. Interim Planning and Zoning Director Nunez responded there are 14.59 buildable acres. Mayor Burch opened the public hearing for comments. Nancy Dowson expressed concerns over the sufficiency of parking and asked if there is a contingency plan to offset any parking overflows. Liana Kozlowski of Shubin Law Group, on behalf of Barry University and Lennar, expressed objections to the proposed CR district ordinance. Ms. Kozlowski stated the proposed code amendments would eliminate the property owner and/or contract purchaser's right to develop an exclusive townhome community. Ms. Kozlowski stated the proposed ordinance does not align with the original compromise for the development. Village Clerk Rodriguez read eComments into the record. Vice Mayor Valinsky shared personal comments on the proposed CR district zoning, emphasizing that Barry University's property rights are not being restricted but rather expanded with new rights. He noted that discussions on code regulations primarily focus on zoning, with specific plans to be addressed later. Once Barry University sells the property, the school will no longer have control over its future use, as zoning regulations will determine permissible developments. He also highlighted that future CR district residents would be responsible for County taxes, local taxes, and HOA fees. Expressing opposition, he argued against residents paying for separate services and amenities accessible to others outside the district. Vice Mayor Valinsky emphasized his goal of ensuring mutual prosperity for both Village residents and Barry University. Councilmember Cantor thanked Interim Planning and Zoning Director Nunez for the presentation and stated all parties involved are benefiting from the proposed ordinance. Councilmember Charles moved to approve the ordinance. The motion was seconded by Vice Mayor Valinsky, which carried a 4-0 voice vote. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, APPROVING THE AMENDMENT TO THE 401 (A) PLAN TO ALLOW ENROLLMENT OF CHARTER OFFICERS, EXECUTIVE MANAGEMENT AND DIRECTORS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: HUMAN RESOURCES DIRECTOR). This item was deferred. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION ON WATER TABLE AND GROUND LEVELS IN MIAMI SHORES (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided an overview of the item, noting a Lidar map displaying ground and water elevations in the Miami Shores Village and surrounding areas. The map shows Shores Estates as above the water table and the Miami Shores Country Club as being below the water table. Per a risk study done in 2018 by Coastal Risk Management, it showed the area of Shores Estates was primarily in an area which needed a sewer system. He stated the current renovation plans concerning the golf course will elevate this area; however, the Country Club will need to be connected to a sewer line. He stated the two areas that will suffer the most sewage damage are Shores Estates and Northeast 12t" Avenue to the bay. Residents of Shores Estates were asked if they would support paying half of a septic to sewer project and the residents agreed. Mayor Burch asked the Council to consider a septic to sewer main project for the Shores Estates and Country Club area. Vice Mayor Valinsky stated the importance of installing a sewer line in the affected areas that are below sea level due to the proximity of sewer lines north of the Village. Councilmember Charles posed a question to Deputy Village Manager Gunn on the progress of the septic to sewer and storm water master plans. Ms. Gunn stated the septic to sewer plan is due this summer and the storm water master plan is still in the early stages. Deputy Village Manager Gunn then deferred the question to Public Works Director Delroy Peters. Mr. Peters confirmed the storm water master plan will take between nine to twelve months to complete as it is in the data collection phase. The septic to sewer master plan will be concluded in April 2025. Councilmember Charles stated the land south of the C-8 canal will need to be purchased for this project. He noted a number of lift and pump stations will need to be installed in the northern region of the Village to assist in sewage flow. He stated the areas of 961" Street and 61" Avenue pools heavily during storms and should be addressed in the storm water master plan. Mayor Burch agreed that land should be purchased for pumping stations. Mayor Burch opened the floor to public comments. Glen Ivy asked who will bear the cost for the septic to sewer line hookup: Shores Estates residents or the Village as a whole. Mayor Burch replied the Shores Estates residents will pay 50% of the expense. Deputy Village Manager Gunn also stated there is a grant that will pay 50% of the cost of the Shores Estates septic to sewer project. Nancy Dowson asked if a sewer main facility near the golf course will align with the sewer facility in North Miami. Mayor Burch replied in the affirmative and added a sewer main, extending to the C-8 canal would be closer to the existing northern sewer line hookup. He stated this sewer line will bring down the cost of the renovation project at the golf course as the sewer line will be include in the construction costs. Tim Duerkop asked for clarification regarding the septic to sewer master plan the Village is to receive by April. Vice Mayor Valinsky stated the importance of having a master plan and funding readily available to implement these projects. Mayor Burch stood in agreement with Vice Mayor Valinsky's statement. Vice Mayor Valinsky emphasized the importance of this project to protect the bay. Councilmember Charles stated a survey went out to the residents in Shores Estates that gathered information for the future sewer project. No action was taken. 11.13 DISCUSSION AND POSSIBLE ACTION REGARDING BOARDS AND COMMITTEES (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch introduced the item, stating the importance of amending all ordinances and their establishing documents concerning boards and committees to become compliant. He listed certain excerpts from the ordinances to be amended. Village Clerk Rodriguez explained staff is taking notes of all suggested changes during the Boards and Committee's workshops. Village Council will then be able to discuss and direct the Village Attorney to make changes to any ordinances or governing documents. Councilmember Cantor stood in agreement with Mayor Burch regarding updating ordinances that are no longer relevant and to stay in compliance. Mayor Burch indicated he might not be available for future workshops; however, he listed specific sections in the ordinances he would like to see amended. Mayor Burch stated Village Attorney Wood mentioned the changes in the ordinances would not consist of an extra expense to the Village. Attorney Wood clarified the suggested changes provided at the workshop will be included in the general retainer for the Village as it falls within the threshold of the allowable number of hours. No action was taken. 11.0 DISCUSSION AND POSSIBLE ACTION ON WILDLIFE ISSUES (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch presented concerns from residents on issues with peacocks, hens, roosters, pigs and foxes in the areas of Shore Drive and Belvedere, 92nd Street and various other areas of the Village. Mayor Burch asked for suggestions from Council on resolving these issues. Councilmember Charles stated various deterrents to mitigate wildlife in the Village. He stated the Village has an ordinance regarding livestock and animals. Council continued discussions regarding possible solutions and the distinction between farm animals and wild animals. Village Attorney Wood referenced the Village's ordinance, the County's ordinance and State laws that govern wildlife and animals. Village Attorney Wood cited Section 5-3 of the Village's code of ordinances regarding animals stating, "It shall be unlawful for any person to keep any animal, except domesticated household pets such as dogs, cats, caged birds and fish, in the village". She also stated the Village is a bird sanctuary. Village Attorney stated she would seek clarification with respect to whether roosters and hens are deemed birds in the absence of definitions in Chapter 5. No action was taken. 12) MANAGER'S REPORT Deputy Village Manager Gunn announced the Citizen's Academy is still open for applications until March 511 at noon. The Academy will run from March 1011 to April 28t", every other Monday from 6:00 pm to 8:00 pm. Deputy Village Manager Gunn also mentioned two RFQ's (Request for Quotes) that are open for the design of the country club and the clubhouse, also an ITB (Invitation to Bid) for 8t" Avenue. 13) ATTORNEY'S REPORT There was no report from the Village Attorney. 14) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 15) VILLAGE COUNCIL COMMENTS Councilmember Charles — Councilmember Charles thanked the Planning and Zoning Board, Village staff and the residents for all of their efforts and input in constructing the CR district zoning regulations. Councilmember Cantor — No comment. Vice Mayor Valinsky — No comment. 0 Mayor Burch - No comment. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:52 PM.