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2020-10-20 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 OCTOBER 20, 2020 6:30 PM VIRTUAL 1)CALL TO ORDER Mayor Wagar called the 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. Thus, the October 20, 2020 Village Council Meeting was held 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, which have been provided to the Village Council prior to 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 2 4)ePUBLIC COMMENTS eComments have been attached, hereto, as Exhibit A. 5)APPROVAL OF THE MINUTES 5.A APPROVAL OF THE OCTOBER 6, 2020 VILLAGE COUNCIL MEETING MINUTES. A motion was moved by Councilman Brady and seconded by Councilman Loffredo to approve the October 6, 2020 Village Council Meeting Minutes. The motion passed unanimously. 6)VILLAGE BOARD APPOINTMENTS 6.A APPOINTMENTS TO THE CODE ENFORCEMENT BOARD (2 VACANCIES). The Village Clerk introduced the item and provided an overview of the electronic voting method by which the Village Council would cast their respective votes. Some of the board applicants were present and spoke on their behalf. The Village Council cast votes and the results were as follows: ROUND 1 WAGAR BURCH BRADY LOFFREDO MELTZ Rod Buenconsejo X X X X X Myrna Garcia X Mark Hunter X X Christopher McGuire X X Rod Buenconsejo was appointed to the Code Enforcement Board. The Village Council cast votes for a second round as no other candidate received at least majority vote. ROUND 2 WAGAR BURCH BRADY LOFFREDO MELTZ Myrna Garcia Mark Hunter X Christopher McGuire X X X X Christopher McGuire was appointed to the Code Enforcement Board. 6.B APPOINTMENTS TO THE FINE ARTS COMMISSION (3 VACANCIES). The Village Clerk introduced the item. Some of the board applicants were present and spoke on their behalf. The Village Council cast votes and the results were as follows: 3 ROUND 1 WAGAR BURCH BRADY LOFFREDO MELTZ Tia Bowman X X X X Luis Crump X X X Sadri Medina X X Brad Schmidt X Michael Stock X X X X X Tia Bowman, Luis Crump, and Michael Stock were appointed to the Fine Arts Commission. 7)RESOLUTION(S) 7.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE LEASE SURRENDER AND TERMINATION AGREEMENT WITH THE CURRENT LESSEE OF THE MIAMI SHORES COUNTRY CLUB AND THE MANAGEMENT AGREEMENT FOR MANAGEMENT OF THE COUNTRY CLUB. (STAFF: VILLAGE MANAGER) The Village Clerk read the caption of the resolution into the record. Mr. Benton provided a brief overview of the item, requesting approval of the resolution, which authorizes him to execute the lease surrender & termination agreement and the Country Club management agreement. He further introduced Mr. Alberto Pozzi, General Manager of the Country Club, and Mr. Johnny LaPonzina, President of Professional Course Management (PCM), should the Village Council have any questions regarding the item. Responding to Councilman Meltz’s request for an update on the current environment of the Country Club, Mr. Pozzi indicated business on the golf side has been favorable since they reopened in April. However, food and beverage has not done well due to the pandemic. Membership renewal is at fifty-eight (58%) and there remains uncertainty as to whether seasonal members will be traveling to South Florida due to the pandemic. Catering, which accounted for 50% of food and beverage business, is non-existent at this point. He further spoke about the safety precautions in place to protect patrons. Mr. LaPonzina spoke about providing a monthly report to the Village Manager and the hope of resuming business as normal as soon as there is a vaccine for COVID-19. For the benefit of the public, Councilman Meltz explained that the proposed agreement is for five-years with a renewable one-year option for PCM. In other words, PCM is able to terminate the proposed agreement in one year if they chose to do so. Should the Village Council approve the resolution, the Village will be paying over $200,000 per year based on the terms of the proposed agreement. Individual Councilmembers offered their respective position on the matter and thanked Mr. Benton and Mr. Sarafan for the countless hours spent on negotiating the agreement. A motion was moved by Councilman Brady and seconded by Councilman Loffredo to approve resolution. The motion passed unanimously. There being no further discussion, Mayor 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, Councilman Jonathan Meltz NAYS: None 8)DISCUSSION & POSSIBLE ACTION ITEMS 4 8.A DISCUSSION AND POSSIBLE ACTION ON DEVELOPING AND PASSING A COUNCIL RESOLUTION URGING DEDICATED FEDERAL AND STATE FUNDING ALLOCATIONS FOR SEPTIC TO SEWER CONVERSION PROJECTS IN MIAMI SHORES VILLAGE (SPONSORED BY: VICE MAYOR ALICE BURCH). Vice Mayor Burch provided an overview of the item and asked for the Council’s support of the resolution in hopes of the issue remaining at the forefront. A motion was moved by Vice Mayor Burch and seconded by Councilman Brady to direct the Village Attorney to draft a resolution urging dedicated federal and state funding allocations for septic to sewer conversion projects in Miami Shores Village. Such resolution shall be brought forth for Council consideration. The motion passed unanimously. 8.B DISCUSSION & POSSIBLE ACTION REGARDING HURRICANE IRMA FEMA APPEAL (STAFF: VILLAGE MANAGER). Mr. Benton provided an overview of the item, indicating the denial of full reimbursement for the Hurricane Irma FEMA claims. Thus, Mr. Benton requested authorization to file an appeal to recover $481,627 and to engage outside counsel for the purpose of assisting with the FEMA appeal, not exceeding $45,000 in legal costs. Individual Councilmembers offered their respective position on the matter. Mr. Sarafan spoke about Mr. Abbot’s credentials and his confidence in the firm’s ability to assist the Village in recuperating the costs. A motion was moved by Councilman Brady and seconded by Vice Mayor Burch to authorize the Village Manager to file an appeal with FEMA concerning the Hurricane Irma claims and engage outside counsel to assist with the appeal, not exceeding $45,000 in legal costs. The motion passed unanimously. 9) ANNOUNCEMENTS The Village Clerk read the announcements. 10) VILLAGE COUNCIL COMMENTS Mayor Wagar- Mayor Wagar encouraged residents to find alternative ways to celebrate Halloween in light of COVID-19. She further urged residents to engage in civil discourse regarding the November 2020 General Election. Mayor Wagar thanked Ysabely Rodriguez, Village Clerk, for coordinating the electronic voting method for board appointments. Vice Mayor Burch- Vice Mayor Burch spoke about two Miami-Dade County items which are undergoing consideration by the Board of County Commissioners: (1) septic to sewer conversion to be included in the Ygrene PACE program, and (2) County-wide fertilizer ordinance. Vice Mayor Burch spoke about the Greater Miami Shores Chamber of Commerce Haunted Hustle to 5K event and thanked board applicants for taking the time to apply. 5 Councilman Loffredo- Councilman Loffredo spoke about bringing forth a fertilizer ordinance in the near future and echoed Mayor Wagar’s comments regarding residents engaging in civil discourse concerning the upcoming election. Lastly, he urged residents to practice social distancing. Councilman Meltz- Councilman Meltz extended his condolences to the family of those who were involved in the car accident that transpired on NE 6th Avenue. He spoke about the speeding concerns raised by residents during public comments. Lastly, he elaborated on how the Village has been working on addressing speed enforcement despite some of the challenges. Councilman Brady- Councilman Brady expressed his condolences to the family of the car accident victims. He thanked Vice Mayor Burch for advancing pedestrian-friendly initiatives. He further spoke about the officers who are implementing speed enforcement measures near Miami Shores Elementary School. Lastly, Councilman Brady encouraged residents to remain vigilant regarding social distance requirements despite the prevalence of pandemic fatigue. 11)ADJOURNMENT There being no further business before the Village Council, the meeting was adjourned at 7:28 PM. Virtual Village Council Meeting Time: 10-20-20 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Virtual Village Council 10-20-20 18:30 17 4 2 1 0 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 EXHIBIT A Virtual Village Council 10-20-20 18:30 Agenda Name Comments Support Oppose Neutral 4) ePUBLIC COMMENTS 3 1 1 0 8.A) DISCUSSION AND POSSIBLE ACTION ON DEVELOPING AND PASSING A COUNCIL RESOLUTION URGING DEDICATED FEDERAL AND STATE FUNDING ALLOCATIONS FOR SEPTIC TO SEWER CONVERSION PROJECTS IN MIAMI SHORES VILLAGE (SPONSORED BY: VICE MAYOR ALICE BURCH). 1 1 0 0 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 Andrea Fleury Location: Submitted At: 8:34am 10-19-20 I am concerned with the speed cars are moving in my neighborhood. I live on NE 104 street between 2nd and 4th ave. Since we are close to Miami Shores Elementary, St Rose, and Country Day, the traffic on my street is heavy in the mornings and afternoons. Parents are dropping off their kids, kids are walking to school, on their bikes, scooters etc. We also get drivers from 2nd Avenue down 103rd, 104, and 105th street at an exorbitant speed. After the fatal accident that happened last week on NE 107th Street I believe it is prudent for council members to take a closer look at this issue. My neighbors and I have requested to close our street to stop traffic coming from 2nd Avenue (as the other side of 2nd and 104 street also has it closed) but unfortunately it does not get passed. However, speeding is a concern in the neighborhood and a great concern of mine since I have two small children. As an alternative to closing our street, maybe speed bumps could be considered? Thank you for your time, Andrea Guest User Location: Submitted At: 11:33am 10-16-20 I live in NE 12 th Ave . We need speed bumps People speed 40 miles per hour ! Sometime Ubers trying to get back out and a lot of the times the same residents ! We have kids playing , riding bikes , we have joggers and The Peacocks ! Something must be done . We want money allocated for speed bumps . Guest User Location: Submitted At: 2:16pm 10-15-20 Chevrolet salesman constantly bring customers to NE 4th avenue road for a road test involving high speeds. They start right after they turn in front of the police station on 87th street Agenda Item: eComments for 8.A) DISCUSSION AND POSSIBLE ACTION ON DEVELOPING AND PASSING A COUNCIL RESOLUTION URGING DEDICATED FEDERAL AND STATE FUNDING ALLOCATIONS FOR SEPTIC TO SEWER CONVERSION PROJECTS IN MIAMI SHORES VILLAGE (SPONSORED BY: VICE MAYOR ALICE BURCH). Overall Sentiment Guest User Location: Submitted At: 4:43pm 10-18-20 Aaron Stauber 10155 Collins Avenue, Unit 1810 Bal Harbour, FL 33154 astauber@rugbyrealty.com 201-274-4773 October 20, 2020 RE: Village of Miami Shores Meeting October 20, 2020. Agenda Item 8.A Honorable Commissioners and Mayor, I am writing to you in support of Agenda Item 8.A, specifically, the proposed resolution to urge funding for the elimination of septic systems in Miami Shores and connection to sewer. As I know you are all aware, we experienced an unprecedented fish kill and algal bloom last month in Biscayne Bay. This comes on the heels of news that we’ve lost over 90% of our seagrass meadows in portions of the Bay over the past several years. No one should be shocked by this news. Scientists have been warning us for over 50 years that if we continue business as usual this was going to happen. The Village of Miami Shores must now act boldly to adopt significant financial commitments to do what is necessary for the community and our environment. Passing this resolution will motivate other municipalities and the County to commence similar programs. Septic tanks simply do not work in Miami Shores due to its high-water table, porous limestone substrate, and high concentrations of septics on smaller lots in areas such as Shores Estate. Many of the Village’s septic systems are proximate to the Biscayne Canal and the Biscayne Bay creating a heightened urgency to mitigate the harm being caused to these critical waterways. This issue is compounded and made worse by sea-level rise. Failing septic tanks also pose a public health threat and can expose people to harmful contaminants and pathogens commonly found in sewage. I support this resolution calling for state and federal funding BUT the Village should not delay in its OWN investment in this infrastructure. I ask this Commission to prioritize septic to sewer conversion for properties in the Village that can be connected through the investment of the Village’s financial resources, such as in the area of Shores Estate. Make no mistake. The seagrass die offs, fish kills and algal blooms are a clarion call to all of us that we have failed to act responsibly to the environment we inhabit. It is time for you to act in the best interests of your constituents and our community at large. Thank you!