Approve September 2023 regular and special meeting minutes

REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 12, 2023, 6:00 P.M. PINECREST MUNICIPAL CENTER/COUNCIL CHAMBER 12645 PINECREST PARKWAY PINECREST, FLORIDA I. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the mayor at 6:00 p.m. Present were the following: Councilmember Katie Abbott Councilmember Shannon del Prado Councilmember Ken Fairman Vice Mayor Anna Hochkammer Mayor Joseph M. Corradino Village Manager Yocelyn Galiano Village Clerk Priscilla Torres Village Attorney Mitchell Bierman II. PLEDGE OF ALLEGIANCE: The mayor led the Pledge of Allegiance. III. CONSENT AGENDA: The following items were presented per the Council’s consent agenda policy pursuant to Ordinance 2014-6: • Minutes of July 18, 2023 (Regular Meeting) • Minutes of August 2, 2023 (Special) • Minutes of August 2, 2023 (Workshop) • A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN URBAN QUALIFICATION COOPERATION AGREEMENT WITH MIAMI-DADE COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANTS; PROVIDING FOR AN EFFECTIVE DATE. (2023-62) September 12, 2023 Village Council Meeting Page 2 of 10 #Pinecresting • A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH KEITH FOR THE GARY MATZNER PARK DESIGN; PROVIDING FOR AN EFFECTIVE DATE. (2023- 63) • A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH DON J. HARRIS, DVM, FOR THE PEAFOWL MITIGATION PROJECT; PROVIDING FOR AN EFFECTIVE DATE. (2023-64) • A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO INCUR UNPLANNED EXPENSES FOR UPPER GARDEN FPL TRANSFORMER DAMAGE; PROVIDING FOR AN EFFECTIVE DATE. (2023- 65) The mayor opened the public hearing. There were no speakers present. Councilmember del Prado made a motion adopting the consent agenda items. The motion was seconded by Councilmember Abbott and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. The following item was withdrawn from the consent agenda by Councilmember del Prado and considered separately by the Council: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, ADOPTING THE 2023 SUSTAINABILITY ACTION PLAN; PROVIDING FOR AN EFFECTIVE DATE. The mayor opened the public hearing. There were no speakers. Councilmember del Prado made a motion adopting the resolution. The motion was seconded by Vice Mayor Hochkammer. Resolution 2023-66 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. September 12, 2023 Village Council Meeting Page 3 of 10 #Pinecresting The following item was withdrawn from the consent agenda by Councilmember Fairman and considered separately by the Council: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH RED LINE IGUANA REMOVAL FOR PEACOCK TRAPPING SERVICES; PROVIDING FOR AN EFFECTIVE DATE. The mayor opened the public hearing. There were no speakers. Vice Mayor Hochkammer made a motion adopting the resolution with the cost per peacock as opposed to per peafowl. The motion was seconded by Councilmember Fairman. Resolution 2023-67 was adopted by a unanimous voice vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. IV. AGENDA/ORDER OF BUSINESS: There were no changes to the agenda. V. SPECIAL PRESENTATIONS: There were no presentations. VI. BUDGET HEARING: The Council discussed the following matters relating to the 2023-2024 Operating and Capital Budget at 6:00 p.m. time certain: The manager made a brief presentation regarding the millage rate and proposed budget. The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, ADOPTING THE TENTATIVE MILLAGE RATE OF THE VILLAGE OF PINECREST FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); SETTING A DATE FOR A FINAL PUBLIC HEARING TO ADOPT THE FINAL MILLAGE RATE; PROVIDING FOR PUBLICATION OF PUBLIC NOTICE; PROVIDING FOR AN EFFECTIVE DATE. The clerk announced that the proposed tentative millage rate of 2.3500 was 11.20% greater than the roll-back rate of 2.1134. The mayor opened the public hearing. There were no speakers present. September 12, 2023 Village Council Meeting Page 4 of 10 #Pinecresting Vice Mayor Hochkammer made a motion adopting the resolution and setting the millage rate at 2.35. The motion was seconded by Councilmember Abbott. Resolution 2023-68 was adopted by a 5 – 0 roll call vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. The clerk announced that the public hearing to adopt the final millage rate is scheduled for September 19, 2023. The clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, ADOPTING AN OPERATING AND CAPITAL OUTLAY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); UPDATING THE CAPITAL IMPROVEMENT SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. The mayor opened the public hearing. There were no speakers. Councilmember del Prado made a motion adopting the ordinance on first reading. The motion was seconded by Vice Mayor Hochkammer and adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. The clerk announced the second reading of the ordinance and final budget hearing for September 19, 2023. VII. ORDINANCES: The Council discussed the following ordinance on first reading: AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE BORROWING OF MONEY AND THE INCURRENCE OF DEBT IN AN AMOUNT NOT TO EXCEED $18,000,000 FOR THE PURPOSE OF FINANCING THE CONSTRUCTION, ACQUISITION, RENOVATION, AND EQUIPPING OF CERTAIN CAPITAL PROJECTS; ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH SUCH CAPITAL PROJECTS WITH THE PROCEEDS OF A FUTURE TAX-EXEMPT FINANCING FROM THE FLORIDA MUNICIPAL LOAN COUNCIL OR OTHER OBLIGATIONS; AND PROVIDING AN EFFECTIVE DATE. September 12, 2023 Village Council Meeting Page 5 of 10 #Pinecresting The manager addressed the Council. The mayor opened the public hearing. There were no speakers. Vice Mayor Hochkammer made a motion to approve the ordinance on First Reading. The motion was seconded by Councilmember Abbott and adopted by a unanimous roll call vote as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. The clerk announced the second reading for October 10, 2023. VIII. REPORTS AND RECOMMENDATIONS: The manager submitted the following communiqués and reports to the Council: • July/August) 2023 Follow-up Report • Monthly Departmental Reports • Freebee Update • Employee Vaccination Update The manager presented the Council with an additional art sculpture choice for the new roundabouts being built at Old Cutler Road and at the intersections at SW 136 Street and SW 67 Avenue. The council directed the manager to maintain the previous selections made. The manager updated the Council on the proposed acquisition of the Christ the King (CTK) property, which is awaiting appraisal reports. By unanimous consent, the Council adopted the following meeting schedule for Fiscal Year 2023-2024: Tuesday, October 10, 2023 Tuesday, November 1, 2023 Tuesday, December 13, 2023 Tuesday, January 10, 2024 Tuesday, February 14, 2024 Tuesday, March 14, 2024 Thursday, April 18, 2024 Tuesday, May 9, 2024 Tuesday, June 13, 2024 Tuesday, July 11, 2024 August – Summer Recess September – TBA September 12, 2023 Village Council Meeting Page 6 of 10 #Pinecresting IX. RESOLUTIONS: The Council discussed the following resolution: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING, ADOPTING, AND CONFIRMING A PRELIMINARY ASSESSMENT ROLL PROVIDING FOR ANNUAL ASSESSMENTS AGAINST REAL PROPERTY LOCATED WITHIN THE BOUNDARIES OF THE PINECREST BY THE SEA SECURITY GUARD SPECIAL TAXING DISTRICT (ALSO KNOWN AS THE GABLES BY THE SEA-PINECREST SECURITY GUARD SPECIAL TAXING DISTRICT) GENERALLY BOUNDED ON THE NORTH BY LUGO AVENUE, ON THE EAST BY SW 57 AVENUE, ON THE SOUTH BY SW 136 STREET, AND ON THE WEST BY OLD CUTLER ROAD; PROVIDING THAT ASSESSMENTS MADE SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN ON REAL PROPERTY; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; PROVIDING FOR RECORDING; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. The mayor opened the public hearing. There were no speakers. Councilmember del Prado made a motion to approve the resolution. The motion was seconded by Councilmember Fairman. Resolution 2023-69 was adopted by a 5 – 0 voice vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. X. PLANNING: The following quasi-judicial proceedings were held by the Council, pursuant to Chapter 2 (Article VI) of the Code of Ordinances, at 7:00 p.m. time certain: All witnesses giving testimony were sworn-in by the clerk. HEARING #2023–0912-1. RE CONSULT 1 LLC (OWNER) AND AGD DEVELOPERS, LLC - GERHARDT GRILL (APPLICANT) ARE REQUESTING APPROVAL OF A PRELIMINARY SUBDIVISION PLAT (“RIDGELINE CORNER”) FOR THE DIVISION OF PROPERTY AND CREATION OF TWO (2) SINGLE- FAMILY RESIDENTIAL LOTS. LOT 1 IS PROPOSED TO BE 46,500 SQUARE FEET IN GROSS AREA (40,500 SQUARE FEET NET); AND LOT 2 IS PROPOSED TO BE 62,403 SQUARE FEET IN GROSS AREA (44,841SQUARE FEET NET), WITHIN THE EU-1, RESIDENTIAL ESTATE ZONING DISTRICT, FOR PROPERTY LOCATED AT 6200 SOUTHWEST 120 STREET. Gerhardt Grill and Matias Daroch, representing the applicant, 1385 Coral Way, Miami, addressed the Council. September 12, 2023 Village Council Meeting Page 7 of 10 #Pinecresting Planning Director Steve Olmsted gave an oral report, based on staff’s memorandum of August 31, 2023, recommending approval subject to the following conditions: 1. Review and approval of the proposed final plat by the Miami-Dade County Water and Sewer Department, Miami-Dade County Department of Economic and Regulatory Resources, Miami-Dade County Fire Rescue Department, Miami-Dade County Transportation and Public Works Department, and Florida Department of Health prior to submittal of a final plat. 2. Extension of potable water lines to both lots. 3. Indication of a second required fire hydrant on the final plat and installation of the required hydrant during future construction, prior to issuance of a certificate of occupancy for the first residence to be constructed. 4. Approval of installation of septic tanks by the Florida Department of Health and Miami-Dade County. 5. Indication of utility easements on the final plat and installation of all utilities underground. 6. Demolition of all non-conforming structures prior to approval of the final plat, and demolition of the non-conforming wall prior to issuance of a certificate of occupancy. 7. Installation of pedestrian sidewalks adjacent on the east side of SW 62 Avenue or payment in lieu of construction as required by the Administrative Official. 8. Approval of driveway connection permits by the Village of Pinecrest prior to the issuance of building permits. 9. Repair of damaged or broken sidewalks prior to issuance of a certificate of occupancy 10. Approval of a stormwater management plan for each new residence prior to the issuance of building permits. 11. Review and approval of a separate tree removal permit prior to the removal of any trees from the subject property or adjoining road right-of-way. 12. Confirmation of the setting of lot corners and permanent reference monuments or submittal of a surety bond to the Village of Pinecrest in the amount of $100.00 per lot corner and $300.00 per PRM with a 25% contingency prior to recording of the final plat, if approved by the Village Council. Vice Mayor Hochkammer suggested to add the following condition: 13. Dedication of additional 5’ feet of ROW on the south side of SW 120 Street. September 12, 2023 Village Council Meeting Page 8 of 10 #Pinecresting Councilmember Abbott made a motion to approve the hearing with the thirteen (13) recommendations. The motion was seconded by Vice Mayor Hochkammer and adopted by a unanimous voice call vote. The vote was as follows: Councilmembers del Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. HEARING #2023-0912-2. ROYAL PALM TENNIS CLUB INC. (OWNER) AND MARISSA A. NEUFELD, ESQ. (APPLICANT) FOR (A) MODIFICATION OF AN APPROVED SITE PLAN TO INCLUDE THE ADDITION OF 1 NEW TENNIS COURT, 1 NEW PRACTICE HITTING WALL, 4 NEW PICKLEBALL COURTS, AND 22 ADDITIONAL PARKING SPACES, AND THE ENCLOSURE OF THREE (3) OUTDOOR AREAS ADJACENT TO THE CLUBHOUSE; AND (B) APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF OUTDOOR LIGHTS ADJACENT TO 2 EXISTING TENNIS COURTS, THE PROPOSED PRACTICE HITTING WALL, AND THE 4 PROPOSED PICKLEBALL COURTS PURSUANT TO THE REQUIREMENTS OF THE VILLAGE’S LAND DEVELOPMENT REGULATIONS, DIVISION 5.25, TENNIS COURT/BASKETBALL COURT/OUTDOOR RECREATIONAL AREA LIGHTING, IN COMPLIANCE WITH THE CRITERIA FOR A CONDITIONAL USE PERMIT AS PROVIDED IN DIVISION 3.3, CONDITIONAL USE APPROVAL, FOR THE PROPERTY LOCATED AT 7001 SOUTHWEST 98 STREET. Marissa Neufeld and Alan Rosenthal, representing the applicant, addressed the Council. Planning Director Steve Olmsted gave an oral report, based on staff’s memorandum of August 31, 2023, recommending approval subject to the following conditions: 1. Maintenance of the existing landscape buffer along the north, east, west, and south property lines adjacent to the tennis court. 2. Outdoor court lighting shall not be used between the hours of 10:00 p.m. and 8:00 a.m. 3. Submittal of a letter of compliance from a registered engineer or architect stating that the installation has been inspected under operating conditions and found to be consistent with the approved plans, conditions of approval, and all applicable requirements of the Village’s Land Development Regulations including maximum permitted lighting levels that do not exceed 0.5 foot-candles along all property lines. 4. Approval of required building and electrical permits and inspections by the Building and Planning Department. September 12, 2023 Village Council Meeting Page 9 of 10 #Pinecresting 5. Lighting levels at the property line shall be maintained at 0.5 foot-candles or less and the vegetative buffer as indicated on submitted plans shall be maintained as shown including a minimum height of 12 feet for the Clusia hedge. In the event that the existing and proposed vegetative buffer is compromised, damaged, or diminished to an extent that causes lighting levels to exceed 0.5 foot candles at the property line, Royal Palm Tennis Club shall disengage and discontinue outdoor lighting as necessary to maintain compliance with maximum permitted lighting levels of 0.5 foot- candles or less at the property line. 6. Review and approval of the proposed plans by the Miami-Dade County Fire Rescue Department, DERM, Public Works Department, Health Department and other applicable outside reviewing agencies prior to issuance of building permits. 7. Construction of pedestrian sidewalks adjacent to SW 72 Avenue and SW 96 Street or payment of a fee in lieu of construction as determined by the Administrative Official upon confirmation that the final design of the building addition exceeds 50% of the area of the existing building at the time of application for building permits. 8. Review and approval of the location of additional trees and landscaping in the adjacent public rights-of-way by the Public Works Department prior to planting. The mayor opened the public hearing. The following addressed the Council: Helena Solo Gabrielle, 9603 Southwest 69 Place; Alexander Ponomarenko, 9702 Southwest 69 Place; Jose Diaz; 9602 Southwest 69 Place; Howard Wallach, 9642 Southwest 69 Place; Suzanne Wallach, 9642 Southwest 69 Place; Ana Manrara, 9643 Southwest 69 Place; Charles Morera, 7025 Southwest 96 Street; Pedro Martinez Fonts, 9622 Southwest 69 Place; Al Krammer, 7120 Southwest 95 Street; and Sofia Ponomarenko, 9702 Southwest 69 Place, Pinecrest. Councilmember Fairman made a motion adopting the hearing with staff’s recommendations and the following additional recommendation: 9. The applicant will explore additional mitigation measures for review and approval by Village staff and Council prior to issuance of a building permit for the pickleball courts. The motion was seconded by Councilmember Abbott and adopted by a 5 – 0 voice call vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer and Mayor Corradino voting Yes. September 12, 2023 Village Council Meeting Page 10 of 10 #Pinecresting X. SCHEDULE OF FUTURE MEETINGS: The following schedule of future meetings was presented to the public: • VILLAGE COUNCIL SPECIAL |BUDGET HEARING (FINAL) TUESDAY, SEPTEMBER 19, 2023, 6:00 P.M. • VILLAGE COUNCIL TUESDAY, OCTOBER 10, 2023, 6:00 P.M. XI. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. Respectfully submitted: __________________________ Priscilla Torres, MMC Village Clerk Approved by the Council this 10th day of October, 2023. __________________________ Joseph M. Corradino Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARINGS, THAT PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORDS OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (FLORIDA STATUTES). SPECIAL MEETING MINUTES TUESDAY, SEPTEMBER 19, 2023, 6:00 P.M. PINECREST MUNICIPAL CENTER/COUNCIL CHAMBER 12645 PINECREST PARKWAY PINECREST, FLORIDA The special meeting was called to order by the mayor at 6:00 p.m. Present were the following: Councilmember Katie Abbott Councilmember Shannon del Prado Councilmember Ken Fairman Vice Mayor Anna Hochkammer (virtual) Mayor Joseph M. Corradino Village Manager Yocelyn Galiano Village Clerk Priscilla Torres Village Attorney Mitchell Bierman The mayor led the Pledge of Allegiance. Councilmember del Prado made a motion to allow Vice Mayor Hochkammer to participate virtually. The motion was seconded by Councilmember Abbott and adopted by a unanimous voice vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. The Council held the final budget hearing pursuant to state law at 6:00 p.m. time certain. The Council discussed the following resolution relating to the millage rate: A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE OF PINECREST FOR THE FISCAL YEAR September 19, 2023 Village Council Special Meeting Page 2 of 3 #Pinecresting COMMENCING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); PROVIDING FOR AN EFFECTIVE DATE. The clerk announced that the final tentative millage rate of 2.35 was 11.20% greater than the roll-back rate of 2.1134. The mayor opened the public hearing. There were no speakers present. Councilmember del Prado made a motion adopting the resolution. The motion was seconded by Councilmember Abbott. Resolution 2023-70 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers Abbott, del Prado, Fairman, Vice Mayor Hochkammer, and Mayor Corradino voting Yes. The Council discussed the following ordinance, on second reading, relating to the adoption of the 2023-2024 Budget: AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, ADOPTING AN OPERATING AND CAPITAL OUTLAY BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024 PURSUANT TO FLORIDA STATUTE 200.065 (TRIM BILL); UPDATING THE CAPITAL IMPROVEMENT SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) The mayor opened the public hearing. There were no speakers present. Councilmember Abbott made a motion adopting the ordinance on second reading. The motion was seconded by Councilmember Fairman. Ordinance 2023-11 was adopted by a unanimous roll call vote. The vote was as follows: Councilmembers del Prado, Hochkammer, Kraft, Vice Mayor Abbott, and Mayor Corradino voting Yes. Councilmember del Prado addressed the Council regarding signage in schools within the village. The Council directed the manager to prepare a whitepaper exploring options. The meeting was adjourned at 6:50 p.m. September 19, 2023 Village Council Special Meeting Page 3 of 3 #Pinecresting Respectfully submitted: __________________________ Priscilla Torres, MMC Village Clerk Approved by the Council this 10th day of October, 2023. __________________________ Joseph M. Corradino Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARINGS, THAT PERSON WILL NEED TO ENSURE THAT A VERBATIM RECORDS OF THE PROCEEDINGS IS MADE, WHICH RECORDS INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED (FLORIDA STATUTES).