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2020-07-21 MINUTES1 Mayor Crystal Wagar Vice Mayor Alice Burch Vice Mayor Sean Brady Councilman Stephen Loffredo Councilman Jonathan Meltz Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk MEETING MINUTES JULY 21, 2020 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Wagar called the virtual meeting to order at 6:32 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE Mayor Wagar read the virtual meeting preamble into the record regarding the extended Executive Order 20-69 issued by Governor DeSantis and explained the means by which the Village has provided reasonable public access and participation. Pursuant to the extended Executive Order No. 20-69, the Village Council and Village Administrative Officers convened the July 21, 2020 Village Council Meeting via communications media technology means, specifically by integrating the Zoom and Granicus Peak platforms to host the live remote meeting via live stream. A dedicated telephone line was provided to the public to listen to the meeting as well. With respect to public participation, the public was afforded the opportunity to provide written public comments were emailed to the Village Council prior to the start of the meeting and were read into the record by the Village Clerk during the virtual meeting. 3) ROLL CALL PRESENT: (5) Councilman Sean Brady, Councilman Stephen Loffredo, Councilman Jonathan Meltz, Vice Mayor Alice Burch, Mayor Crystal Wagar ALSO PRESENT: Tom Benton, Village Manager Ysabely Rodriguez, Village Clerk Richard Sarafan, Village Attorney 4) ePUBLIC COMMENTS eComments have been attached, hereto, as Exhibit A. 5) APPROVAL OF THE MINUTES 2 5.A APPROVAL OF THE JULY 7, 2020 VILLAGE COUNCIL MEETING MINUTES. A motion was moved by Councilman Brady and seconded by Vice Mayor Burch to approve the July 7, 2020 Village Council Meeting Minutes. The motion passed unanimously. 6) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 6.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA AMENDING THE MIAMI SHORES VILLAGE CODE, CHAPTER 2, ARTICLE VI, BY REVISING VILLAGE CODE SECTION 2-90 PROVIDING FOR THE MIAMI FOUNDATION AS THE DESIGNATING ENTITY FOR TWO SEATS ON THE CHARTER SCHOOL AUTHORITY BOARD OF DIRECTORS, BY REVISING VILLAGE CODE SECTION 2-95, PROVIDING FOR BIANNUAL REPORTS TO THE VILLAGE COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR ALICE BURCH). The Village Clerk read the caption of the ordinance into the record. There was one eComment relevant to this public hearing, which the Village Clerk read into the record during public comments. Such comment has been included in Exhibit A. There being no further comments, Mayor Wagar closed the public hearing. Responding to a public inquiry regarding the board’s membership, Vice Mayor Burch clarified the number of board members is unaffected by the proposed ordinance. Instead, the proposed amendments change one of the designating entities’ name from the obsolete North Dade Medical Foundation to the Miami Foundation. The proposed ordinance also amends the frequency of the board reports to the Village Council from quarterly to biannually. A motion was moved by Councilman Brady and seconded by Mayor Wagar to adopt the ordinance. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz NAYS: None 7) RESOLUTION(S) 7.A A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL AUTHORIZING THE BORROWING OF NOT EXCEEDING $3,760,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT AMONG MIAMI SHORES VILLAGE, JP MORGAN CHASE BANK, N.A. AND THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION, IN ORDER TO REFINANCE LOANS PREVIOUSLY MADE TO FINANCE VARIOUS CAPITAL IMPROVEMENTS WITHIN THE VILLAGE; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR LOAN NOTES TO EVIDENCE SUCH BORROWING AND AGREEING TO SECURE SUCH BORROWING WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES OF THE VILLAGE, ALL AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE (STAFF: FINANCE DIRECTOR). The Village Clerk read the caption of the resolution into the record. 3 Mr. Benton introduced the item and requested the Council consider authorizing the line of credit, not to exceed $3,760,000, through the Florida Local Government Finance Commission Pooled Commercial Paper Loan Program to refinance the loan for the construction of the Water & Sewer project on NE Second Avenue. A motion was moved by Councilman Loffredo and seconded by Councilman Brady to approve the resolution. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz NAYS: None 7.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, SETTING TENTATIVE OPERATING AND DEBT SERVICE AD VALOREM MILLAGE LEVIES FOR FISCAL YEAR 2020-2021, BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021; SETTING THE TIME, DATE AND PLACE FOR THE TWO PUBLIC HEARINGS FOR THE FISCAL YEAR 2020-2021 OPERATING AND CAPITAL BUDGETS AND PROPOSED AD VALOREM MILLAGE RATES (STAFF: FINANCE DIRECTOR). The Village Clerk read the caption of the resolution into the record. Mr. Benton provided a brief overview of the proposed millage levies for fiscal year 2020-2021. A motion was moved by Vice Mayor Burch and seconded by Councilman Brady to approve the resolution, thereby setting the tentative operating and debt service ad valorem millage levies for fiscal year 2020-21. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz NAYS: None 7.C A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; OPPOSING THE COUNTY CODE AMENDMENT PREVENTING MUNICIPALITIES FROM REQUIRING RIGHT OF WAYS PERMITS ON COUNTY OWNED ROADS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR INSTRUCTIONS TO VILLAGE CLERK ; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VILLAGE MANAGER). The Village Clerk read the caption of the resolution into the record. Mr. Benton provided a brief overview of the item, indicating the proposed ordinance would prohibit the Village from requiring rights-of-way permits and would reduce its ability to regulate construction work. Without a rights- of-way permit, the Village would not have advance warning of construction work which may impede, hinder, or restrain traffic. In addition, it would diminish the Village's ability to ensure that clean up and restoration of the construction site is properly completed to Village standards. Mr. Benton recommended Council approval of the proposed resolution. A motion was moved by Vice Mayor Burch and seconded by Mayor Wagar to approve the resolution. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. 4 AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz NAYS: None 7.D A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER, VILLAGE CLERK, AND VILLAGE ATTORNEY TO EXECUTE THE AGREEMENT FOR ACCESS TO CERTAIN EXEMPT INFORMATION MAINTAINED BY THE MIAMI-DADE COUNTY PROPERTY APPRAISER, AND SETTING AN EFFECTIVE DATE. The Village Clerk read the caption of the resolution into the record. Mr. Benton provided a brief overview of the item, indicating the proposed resolution and interlocal agreement are new Miami-Dade County requirements for those municipalities that request exempt information maintained by the Property Appraiser’s Office to be released for official municipal purposes. A motion was moved by Councilman Brady and seconded by Vice Mayor Burch to approve the resolution. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz NAYS: None 8) DISCUSSION & POSSIBLE ACTION ITEMS 8.A DISCUSSION AND POSSIBLE ACTION REGARDING COVID 19 TESTING DRIVE-THROUGH COVID-19 TESTING PROGRAMS FOR RESIDENTS (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). Councilman Meltz provided opening remarks regarding the item, indicating that due to insufficient testing sites to meet the demand of the public, a local drive-thru testing site for Miami Shores residents would help offset some of the long wait times. Individual Councilmembers offered their respective position on neighboring testing sites and other alternatives as well as Village resources. Mr. Sarafan spoke about potential liability issues. Should the Village Council approve the item, in the interest of time, Mr. Benton proposed for the Council to authorize the Village Manager and Village Attorney to negotiate and execute an agreement subject to the inclusion of a sovereign immunity clause. A motion was moved by Councilman Loffredo and seconded by Mayor Wagar to authorize the Village Manager and Village Attorney to negotiate and execute an agreement with reasonable terms, whereby sovereign immunity is upheld. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz 5 NAYS: None No further action was taken on this matter. 8.B DISCUSSION AND POSSIBLE ACTION REGARDING THE MIAMI SHORES COUNTRY CLUB LEASE AGREEMENT (STAFF: VILLAGE MANAGER) In light of Professional Course Management’s (PCM) declination of the one-year lease extension, Mr. Benton brought forth the contract modifications for Council approval and asked for Council authorization to direct the Village Attorney to draft the agreement, which would be brought forth for Council consideration prior to the September 30, 2020 expiration of the existing agreement. Individual Councilmembers shared their respective position regarding the time and effort expended by staff and PCM to reach the proposed terms considering the unusual circumstances related to the COVID-19 pandemic. A motion was moved by Councilman Meltz and seconded by Vice Mayor Burch to authorize the Village Manager and the Village Attorney to finalize the agreement, which shall be brought forth for Council consideration prior to the expiration of the existing agreement. There being no further discussion, Mayor Wagar called the question, which carried a 5-0 roll call vote. AYES: Mayor Crystal Wagar, Vice Mayor Alice Burch, Councilman Sean Brady, Councilman Stephen Loffredo, and Councilman Jonathan Meltz NAYS: None No further action was taken on this matter. 9) ANNOUNCEMENTS The Village Clerk read the announcements. 10) VILLAGE COUNCIL COMMENTS Councilman Brady Councilman Brady thanked staff and PCM for working on the agreement and further spoke about the passing of John Lewis and his many contributions to civil rights matters. Councilman Loffredo Councilman Loffredo left the meeting at 7:34 PM due to technical challenges with his computer. Councilman Meltz Councilman Meltz thanked the Council for their hard work in staying informed and prepared with respect to the various items presented to them for consideration. Vice Mayor Burch Vice Mayor Burch spoke about one of the public comments regarding the expansion of NE 2nd Avenue business seating to the back of the establishments, to which the Village Manager clarified that it is permitted in light of Resolution 2020-10, temporary moratorium. Vice Mayor Burch spoke about the public comments regarding speeding on NE 6th Avenue and she spoke about the cost savings spearheaded by the Finance Director concerning Item 7A. 6 Mayor Wagar Mayor Wagar thanked Councilman Meltz for bringing forth the COVID-19 testing site item given its timely and pressing nature. She further thanked Councilman Brady for acknowledging Mr. Lewis’ passing and his legacy to this country. Lastly, Mayor Wagar gave a shout-out to the Recreation Department for their hard work in coordinating summer camp and keeping the children and staff safe during the COVID-19 pandemic. 11) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 7:37 PM. Virtual Village Council Meeting Time: 07-21-20 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Virtual Village Council 07-21-20 18:30 20 17 10 1 3 Sentiments for All Meetings The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Virtual Village Council 07-21-20 18:30 Agenda Name Comments Support Oppose Neutral 4) ePUBLIC COMMENTS 6301 6.A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA AMENDING THE MIAMI SHORES VILLAGE CODE, CHAPTER 2, ARTICLE VI, BY REVISING VILLAGE CODE SECTION 2- 90 PROVIDING FOR THE MIAMI FOUNDATION AS THE DESIGNATING ENTITY FOR TWO SEATS ON THE CHARTER SCHOOL AUTHORITY BOARD OF DIRECTORS, BY REVISING VILLAGE CODE SECTION 2- 95, PROVIDING FOR BIANNUAL REPORTS TO THE VILLAGE COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR ALICE BURCH). 1010 8.A) DISCUSSION AND POSSIBLE ACTION REGARDING COVID 19 TESTING DRIVE-THROUGH COVID-19 TESTING PROGRAMS FOR RESIDENTS (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). 9701 8.B) DISCUSSION AND POSSIBLE ACTION REGARDING THE MIAMI SHORES COUNTRY CLUB LEASE AGREEMENT (STAFF: VILLAGE MANAGER) 1001 Sentiments for All Agenda Items The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown. Overall Sentiment Agenda Item: eComments for 4) ePUBLIC COMMENTS Overall Sentiment Guest User Location: Submitted At: 3:17pm 07-21-20 Good evening, my name is Kim Flower, 301 NE 98th St. I am writing to you today on behalf of The Merchants Collective. It has come to our attention that a proposal may be made regarding the closing of the parking in lane on the east side of NE 2nd Avenue to allow restaurants to expand their outdoor dining. We know that this is being done is some municipalities and we have discussed this at length. The first issue that every merchant is concerned about is safety. We all feel that people drive wildly on NE 2nd Ave and even with barriers, safety of our patrons and employees is a real concern. The second issue is that all of our insurances would go up, something none of us can afford at the moment. All it would take is one car careening into a table of diners to wipe out a business. We all feel that allowing the restaurants use of their back areas is a much safer option. We know the village has opposed the use of these areas out of concern for the residents; however, we have asked numerous homeowners who live in the first couple of houses east of the parking lots and they all support the idea. This could be a temporary allowance during the pandemic to help us increase our outdoor dining areas. As the county curfew is 10pm we could restrict use of the back patios after 9pm. This seems like a reasonable time frame - given the noise ordinance in the Shores extends longer than that. This is a much safer alternative. On behalf of The Merchants Collective we would appreciate you allowing restaurants to increase their potential sales by allowing outdoor dining behind our respective businesses. Please help us try survive. Should any of you want to discuss this I am always available. Thank you for your consideration. Peter Hammer Location: Submitted At: 2:29pm 07-21-20 The Village Council should define, prioritize, track, and communicate its plan to support local, independently- owned businesses along our 2nd avenue corredor and throughout Miami Shores to help them through our current pandemic. Our past investments in infrastructure and potential re-zoning toward growing and supporting business have slowed when creativity and investment may help create a more thriving Miami Shores once we begin to rebound. Guest User Location: Submitted At: 10:40pm 07-20-20 Covid testing a fine idea. Be sure to consider accessibility features and transport for those who don't have any. carol hoffman Location: Submitted At: 8:36pm 07-20-20 I agree with the establishing a Covid drive-through testing site for residents of MSV Guest User Location: Submitted At: 7:27pm 07-20-20 Mary Benton. I support the agenda item regarding a Covid-19 drive-through testing site for residents of MSV. I love the idea that one can make an appointment. Guest User Location: Submitted At: 8:30pm 07-17-20 Dear Miami Shores Village. My name is Bruno Libonatti and I live on 6th avenue for many years and is incredible the amount of traffic that I see since I moved here. Now with the Covid situation the avenue is much more quiet than before C19. Some times car even city buses drive at 45+. My frustration is that police don't patrol the street the way they suppose to. When I drive on Bal Harbour for example nobody speed for the simple reason that there is police patrolling the area very effective. Why we don't have the same police control here? I complained once a few years ago then the police start patrolling the street for a few weeks but after that the control start fading out. Please let's do something so we can all enjoy our city better and be safe. My full name is Bruno Libonatti and my home address is 10343 NE 6th Av MS FL 33138 Thank you. Agenda Item: eComments for 6.A) AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA AMENDING THE MIAMI SHORES VILLAGE CODE, CHAPTER 2, ARTICLE VI, BY REVISING VILLAGE CODE SECTION 2-90 PROVIDING FOR THE MIAMI FOUNDATION AS THE DESIGNATING ENTITY FOR TWO SEATS ON THE CHARTER SCHOOL AUTHORITY BOARD OF DIRECTORS, BY REVISING VILLAGE CODE SECTION 2-95, PROVIDING FOR BIANNUAL REPORTS TO THE VILLAGE COUNCIL, AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR ALICE BURCH). Overall Sentiment Guest User Location: Submitted At: 8:49am 07-21-20 How many members does that bring the board up to? Agenda Item: eComments for 8.A) DISCUSSION AND POSSIBLE ACTION REGARDING COVID 19 TESTING DRIVE-THROUGH COVID-19 TESTING PROGRAMS FOR RESIDENTS (SPONSORED BY: COUNCILMAN JONATHAN MELTZ). Overall Sentiment Guest User Location: Submitted At: 1:08pm 07-21-20 Thank You Council person Meltzer, This would be a great service for the community. Judith Bachay 9328 NE 9 Avenue Miami Shores Judithbachay@gmail.com Guest User Location: Submitted At: 11:50am 07-21-20 Increased testing is one of the key strategies to fighting COVID. Arman Xavier Haghayegh Location: Submitted At: 11:26am 07-21-20 I strongly support this measure. Testing is clearly the key to innovative containment and having a local testing site will help us better protect the vulnerable and elderly members of our community. The long wait times at the large state run testing sites have made it extremely inconvenient to get tested for COVID and acts as a strong deterrent. Furthermore, too few urgent care centers are offering COVID testing, and the ones that are providing testing can barely keep up with demand. This proposal gives Miami Shores a unique opportunity to lead by example by giving its residents quick, easy, and convenient access to COVID testing. I would also like to add that we should offer both Drive-Through and Walk-Up testing options. Guest User Location: Submitted At: 7:11am 07-21-20 Do it already. Gwen Burzycki Location: Submitted At: 10:36pm 07-20-20 I support providing a local COVID-19 testing facility for MSV residents, provided that the liability issue can be reasonably worked out and costs to MSV are reasonable. Please note that if this proposal ends up being difficult to execute, there have been favorable reports of low wait times at the Holy Family Catholic Church site. Guest User Location: Submitted At: 10:08pm 07-20-20 Thomas Murdock. I am in support of this agenda item even for a limited time and at a reasonable fee in necessary. Guest User Location: Submitted At: 8:39pm 07-20-20 What is the cost of testing drive-through? Who is paying for the testing? Guest User Location: Submitted At: 8:08pm 07-20-20 Testing for MS should have already been in place. Do it ASAP thanks Guest User Location: Submitted At: 7:46pm 07-20-20 This sounds like a tremendous opportunity to promote public health, and our own individual health. Doug Barnes 10108 NE 1st Avenue Agenda Item: eComments for 8.B) DISCUSSION AND POSSIBLE ACTION REGARDING THE MIAMI SHORES COUNTRY CLUB LEASE AGREEMENT (STAFF: VILLAGE MANAGER) Overall Sentiment Gwen Burzycki Location: Submitted At: 10:53pm 07-20-20 I don’t know enough about the history of this lease to choose a side, but I am concerned about the number of items in the proposed new lease outline that appear to leave MSV with new expenses. Do we know what the total projected financial obligation of the Village would/could be under this lease proposal and how this obligation would affect the budget? I am also concerned that the lease proposal appears to give PCM exclusive right to extend or not extend the lease. Shouldn’t MSV also have the right to not extend the lease for cause?