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2022-09-22 Minutes1 MEETING MINUTES SEPTEMBER 22, 2022 6:30 PM 9900 BUILDING 1) CALL TO ORDER Mayor Harris called the meeting to order at 6:31 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT: Vice Mayor Daniel Marinberg Mayor Sandra Harris Councilmember Alice Burch Councilmember Katia Saint Fleur joined the meeting via Zoom. ALSO PRESENT: Village Attorneys Sarah Johnston and Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott Councilmember Crystal Wagar was absent. 4) ORDER OF BUSINESS There were no changes to the order of business. 5) PRESENTATIONS 5.A PRESENTATION BY VILLAGE LOBBYIST, NELSON DIAZ OF THE SOUTHERN GROUP. Mr. Nelson Diaz, Village Lobbyist, provided a brief overview of the next legislative session and answered questions posed by the Village Council. 2 5.B PRESENTATION BY NORTH MIAMI FOUNDATION EXECUTIVE DIRECTOR, BOB COOK. Mr. Bob Cook provided a brief overview of the purpose and mission of the North Miami foundation, which is to add value to the community by providing a variety of social services. Mr. Cook further thanked Miami Shores Village for its continued support. 5.C PRESENTATION AND DISCUSSION ON FLAGLER TRAIL FEASABILITY STUDY. (CONSULTANT: KIMLEY HORN / STAFF: PUBLIC WORKS DIRECTOR). Mr. Christopher Miranda, Public Works Director provided opening remarks concerning the Flagler Trail Feasibility Study, which was commissioned by the Village in 2020. Mr. Miranda introduced Kimley Horn representative Ian Rairden who delivered a presentation and answered questions posed by the Village Council. The purpose of the study was to identify a set of non-motorized transportation options, develop a conceptual rendering of the Flagler Trail, and develop a final report. Mayor Harris opened public comments. Village Clerk Rodriguez read eComments into the record. Carol Eannace spoke in support of the proposal and advocated for native plants alongside the trail. Anne-Camille Hersh asked for the neighboring community to be taken into consideration throughout all phases of this proposed project. There was consensus amongst the Village Council to proceed with Alternative 1. No further action was taken. 5.D PROCUREMENT PRESENTATION BY PROCUREMENT ADMINISTRATOR, DONNA ROCKFELD Ms. Donna Rockfeld, Procurement Administrator, provided a brief overview of the current procurement process, upcoming changes, cost savings, and cost avoidances affecting the Village and answered questions posed by the Village Council. 6) PUBLIC COMMENTS Jonathan Jerome spoke in support of the FIND Grant but expressed concern with respect to parking, advocating for residential permit parking at Bayfront Park and for there to be additional studies to help address flooding in the area. Linda Ortigoza expressed concerns regarding the proposed public access waterway and funding alternatives associated with rehabilitating the seawall at Bayfront park. Village Clerk Rodriguez read eComments into the record. 3 7) CONSENT AGENDA Mayor Harris and Vice Mayor Marinberg requested for Item 7A to be pulled from the consent agenda. Councilmember Burch moved to approve the consent agenda as amended and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 7.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE RANKING OF REQUEST FOR QUALIFICATIONS NO. 2022-04-01 FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES FOR MIAMI SHORES VILLAGE BAYFRONT PARK AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP RANKED FIRM CHEN MOORE AND ASSOCIATES, INC. AND IF NEGOTIATIONS PROVE UNSUCCESSFUL, THEN TO NEGOTIATE WITH THE SECOND- RANKED PROPOSER IBI GROUP PROFESSIONAL SERVICES (USA) INC.; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND AN EFFECTIVE DATE. (STAFF: PROCUREMENT ADMINISTRATOR). Village Clerk Rodriguez read the resolution into the record. Village Manager Scott provided a brief overview of the competitive solicitation process and answered questions posed by the Village Council. Responding to Mayor Harris’ inquiry, Village Manager Scott clarified the FDEP grant does not require the Village to provide water access to the public; however, the FIND grant does require this form of access. Mayor Harris raised concerns regarding the FIND grant requirement concerning water access to the public due to parking and safety concerns expressed by residents who reside in close proximity to Bayfront Park. Vice Mayor Marinberg requested more information regarding the design element of the project. Mayor Harris opened public comments. Maria McGuiness spoke in opposition to placing the item under the consent agenda due to public engagement purposes. Jesse Valinski spoke in support of the kayak launch and extended empathy to the neighboring property owners who have expressed opposition to water access due to safety concerns. Nicholas Marian spoke in opposition to open water access due to traffic, noise, and safety issues. Chen Moore Representative, Jose Acosta, expressed excitement to work with the Village and answered questions posed by the Village Council. Councilmember Burch moved to approve the resolution and Vice Mayor Marinberg seconded the motion, which carried a 3-1 voice vote. Mayor Harris voted in opposition. 4 7.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) HURRICANE LOSS MITIGATION PROGRAM (HLMP) GRANT AGREEMENT DOCUMENTS AND TO ADMINISTER THE GRANT. (STAFF: CHIEF OF POLICE). PASSED ON CONSENT. 7.C ACCEPTANCE OF THE PROCUREMENT ADMINISTRATOR'S RECOMMENDATION TO GRANT THE VILLAGE MANAGER THE AUTHORIZATION TO ACCEPT THE FINAL RANKING AND RECOMMENDATION OF THE EVALUATION COMMITTEE, OF THE APPROPRIATE FIRMS TO RECEIVE CONTINUING SERVICES AGREEMENTS, ACCORDING TO THE FIRMS PROFESSIONAL EXPERTISE AND QUALIFICATIONS, IN EACH OF THE NINE (9) DISCIPLINES ESTABLISHED IN RFQ AND THAT THE VILLAGE MANAGER OR HIS DESIGNEE BE AUTHORIZED TO NEGOTIATE AND EXECUTE AGREEMENTS FOR CONTINUING SERVICES CONTRACTS WITH THE TOP RANK FIRMS AND TO AUTHORIZE ANY CONTRACT RENEWALS; PURSUANT TO THE TERMS, CONDITIONS AND SPECIFICATIONS CONTAINED IN THE RFQ AND IN ACCORDANCE WITH F.S. §287.055. PASSED ON CONSENT. 8) VILLAGE BOARD APPOINTMENTS 8.A APPOINTMENTS TO THE PLANNING BOARD (3 VACANCIES). Village Clerk Rodriguez provided a brief overview of the item. She further communicated Ms. Sarah McSherry’s request for Planning Board consideration instead of Historic Preservation Board consideration after the application period closed. Mayor Harris called for a brief intermission and resumed the meeting at approximately 8:11 PM. Discussion ensued regarding the principle of considering individuals who have submitted an application or board change request after the closing of the application period. Councilmember Burch provided insight into past practice. Vice Mayor Marinberg posed questions regarding a potential conflict of interest to which Village Attorney Johnston opined in the negative given the scenario that was posed. Vice Mayor Marinberg moved to disallow the consideration of Ms. McSherry’s request for Planning Board consideration and Mayor Harris seconded the motion, which carried a 3-1 voice vote. Councilmember Burch voted in opposition. Mayor Harris opened the floor to public comments. Michael Finkelstein introduced himself to the Village Council and spoke about his qualifications. Michael O'Hara introduced himself to the Village Council and spoke about his qualifications. Village Clerk Rodriguez explained the electronic ballot method of voting. 5 The Village Council proceeded to cast electronic ballots. Upon the conclusion of the first round of voting, Village Clerk Rodriguez read the following votes into the record: Councilmember Burch: John Bolton, Michael Finkelstein, Jennifer Tinkler Councilmember Saint Fleur: Michael Finkelstein, Michael O’Hara, and Jennifer Tinkler Vice Mayor Marinberg: John Bolton, Michael Finkelstein, Michael O’Hara Mayor Harris: John Bolton, Michael Finkelstein, Michael O’Hara The following members were appointed to the Planning Board: John Bolton, Michael Finkelstein, Michael O’Hara 8.B APPOINTMENTS TO THE FINE ARTS COMMISSION (3 VACANCIES). Village Clerk Rodriguez provided a brief overview of the item. Given there are the same number of vacancies as applicants, Village Clerk Rodriguez indicated the Village Council may cast a vote by acclamation to appoint the existing applicants. Vice Mayor Marinberg moved to appoint Anne-Camille Hersh, Samantha Kodsi, and Michael Stock to the Fine Arts Commission and Councilmember Burch seconded the motion, which carried a 4-0 voice vote. 8.C APPOINTMENTS TO THE COUNTRY CLUB ADVISORY BOARD (4 VACANCIES). Village Clerk Rodriguez provided a brief overview of the item. Given there are the same number of vacancies as applicants, Village Clerk Rodriguez indicated the Village Council may cast a vote by acclamation to appoint the existing applicants. Councilmember Burch moved to appoint Bill Griffith, Irene Fajardo, Michael Puglisi, and Thomas Halloran to the Country Club Advisory Board and Vice Mayor Marinberg seconded the motion, which carried a 4-0 voice vote. 8.D APPOINTMENTS TO THE SUSTAINABILITY & RESILIENCY COMMITTEE (4 VACANCIES). Village Clerk Rodriguez provided a brief overview of the item. Given there are the same number of vacancies as applicants, Village Clerk Rodriguez indicated the Village Council may cast a vote by acclamation to appoint the existing applicants. Vice Mayor Marinberg reiterated his concern regarding potential conflict of interest with respect to Ms. McSherry’s appointment. Vice Mayor Marinberg moved to appoint Sarah McSherry, Nicola Meyer, Marjorie Weber and Richard Pluhar to the Sustainability and Resiliency Committee and Councilmember Burch seconded the motion which carried a 4-0 voice vote. 6 9) RESOLUTION(S) 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, APPROVING THE AWARD OF INVITATION TO BID NO. 2022-04-03 MIAMI SHORES VILLAGE HALL OFFICE AND RESTROOM RENOVATIONS; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, INTERTECH CONSTRUCTION CORPORATION OF AMERICA, INC., AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NOT TO EXCEED $229,663.; AND PROVIDING THE VILLAGE MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. (STAFF: PUBLIC WORKS DIRECTOR) Village Clerk Rodriguez read the caption of the resolution along with companion Item 9B into the record. Village Manager Scott provided an overview of the item, indicating the scope of this project consists of two components: the remodeling of the existing bathrooms and the remodeling of the office areas throughout Village Hall. The Village Manager recommended approval of the lowest and most responsible bid submitted by Intertech Construction Corporation of American, Inc. and recommended an award in the amount of $229,663. Included in the total cost is a not to exceed permit allowance ceiling of 2% and a change order contingency allowance of 5% for any unforeseen changes. Councilmember Burch spoke about the importance of identifying a permanent public meeting space for the Village Council and advocated for future renovations at Village Hall to take into account a larger Village Council Chamber. Councilmember Burch moved to approve the resolution and Vice Mayor Marinberg seconded the motion which carried a 4-0 voice vote. 9.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CREATING BUDGET AMENDMENT #4 TO THE FISCAL YEAR 2021-2022 OPERATING BUDGETS; APPROPRIATING $229,663 FROM THE GENERAL FUND BALANCE TO TRANSFER TO THE CAPITAL PROJECT FUND FOR BUILDING IMPROVEMENTS (STAFF: FINANCE DIRECTOR). Vice Mayor Marinberg moved to approve the resolution and Councilmember Burch seconded the motion which carried a 4-0 voice vote. 9.C A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; AUTHORIZING THE ACCEPTANCE OF CASH AND IN-KIND SPONSORSHIPS FOR VILLAGE-SPONSORED EVENTS, INCLUDING THE VILLAGE’S 90TH ANNIVERSARY CELEBRATION; PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the resolution into the record. Village Attorney Johnston noted amendments to the proposed resolution, specifically limiting the authority to accept cash and in-kind sponsorships for the 90th anniversary events. She further spoke 7 about bringing forth a companion resolution for Village Council consideration, addressing such activities on a broader scale. Vice Mayor Marinberg moved to approve the resolution as amended and Councilmember Burch seconded the motion, which carried a 4-0 voice vote. 10) DISCUSSION & POSSIBLE ACTION ITEMS- NONE 11) MANAGER'S REPORT Village Manager Scott provided an update on operational matters and answered questions posed by the Village Council. 12) ATTORNEY'S REPORT No report/update was provided at this time. 13) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements. 14) VILLAGE COUNCIL COMMENTS Councilmember Alice Burch- Councilmember Burch thanked Mr. Nelson Diaz for his attendance and further spoke about educational funding opportunities for school buildings as a legislative priority for upcoming session. Vice Mayor Daniel Marinberg- Vice Mayor Marinberg spoke about the Netflix show, Design Miami, depicting aerial shots of Miami Shores. Councilmember Katia Saint Fleur- No comments. Mayor Sandra Harris- Mayor Harris paid respect to all those affected by Hurricane Fiona and also thanked the Village Manager for his diligence in presenting the various items on the agenda. She further thanked village staff for coordinating Hispanic Heritage Month events. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:52 PM. Village Council Meeting Time: 09-22-22 18:30 eComments Report Meetings Meeting Time Agenda Items Comments Support Oppose Neutral Village Council 09-22-22 18:30 29 10 10 0 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 Village Council 09-22-22 18:30 Agenda Name Comments Support Oppose Neutral 5.C) PRESENTATION AND DISCUSSION ON FLAGLER TRAIL FEASABILITY STUDY. (CONSULTANT: KIMLEY HORN / STAFF: PUBLIC WORKS DIRECTOR) 2 2 0 0 7.A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE RANKING OF REQUEST FOR QUALIFICATIONS NO. 2022-04-01 FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES FOR MIAMI SHORES VILLAGE BAYFRONT PARK AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP RANKED FIRM CHEN MOORE AND ASSOCIATES, INC. AND IF NEGOTIATIONS PROVE UNSUCCESSFUL, THEN TO NEGOTIATE WITH THE SECOND- RANKED PROPOSER IBI GROUP PROFESSIONAL SERVICES (USA) INC.; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND AN EFFECTIVE DATE. (STAFF: PROCUREMENT ADMINISTRATOR) 7 7 0 0 8.A) APPOINTMENTS TO THE PLANNING BOARD (3 VACANCIES).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 5.C) PRESENTATION AND DISCUSSION ON FLAGLER TRAIL FEASABILITY STUDY. (CONSULTANT: KIMLEY HORN / STAFF: PUBLIC WORKS DIRECTOR) Overall Sentiment John Ise Location: Submitted At: 3:58pm 09-21-22 Excited to see this being explored and discussed. John Ise Location: Submitted At: 3:58pm 09-21-22 Excited to see this being explored and discussed. Agenda Item: eComments for 7.A) A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE RANKING OF REQUEST FOR QUALIFICATIONS NO. 2022-04-01 FOR ENGINEERING AND ARCHITECTURAL DESIGN SERVICES FOR MIAMI SHORES VILLAGE BAYFRONT PARK AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE TOP RANKED FIRM CHEN MOORE AND ASSOCIATES, INC. AND IF NEGOTIATIONS PROVE UNSUCCESSFUL, THEN TO NEGOTIATE WITH THE SECOND-RANKED PROPOSER IBI GROUP PROFESSIONAL SERVICES (USA) INC.; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND AN EFFECTIVE DATE. (STAFF: PROCUREMENT ADMINISTRATOR) Overall Sentiment Guest User Location: Submitted At: 3:47pm 09-20-22 Denise Aloise, 185 NW 106 St. When I first moved to Miami Shores, there was a beautiful landing at Bayfront Park. It was lovely - just beautiful. It was there and should be restored. It enhanced the park. John Ise Location: Submitted At: 11:12am 09-20-22 I am excited to see Village re-engage its effort to rehabilitate the seawall at Bayfront Park with particular emphasis that the project ensures public access to water. As one who has long advocated for a kayak launch at Bayfront Park, I would also be supportive of steps into the water for swimmers (the original seawall had steps into water for this purpose) or light watercraft boaters or a boating dock. Whatever the final product, it's vitally important that there is complete public water access (commonly understood as the ability for the public to enter/exit water) as stipulated in Village's original RFQ and a central prerequisite to access FIND dollars. Guest User Location: Submitted At: 2:42pm 09-19-22 Hi, I’m in support of adding a kayak launch and any public amenity to the park for the village. Thank you. Joe clark 125 NE 98 street miami shores, fl 33138 Guest User Location: Submitted At: 2:39pm 09-19-22 Hi! My name is Silvia Clarke and I live at 846 NE 97 Street. I would like to express my support for a kayak launch as part of the rehabilitation of Bayfront Park. As a 28-year resident of Miami Shores I would appreciate the use of Bayfront Park. I am a paddle boarder and would love to have a safe location in my own community to launch my paddle board. This is a healthy activity that doesn’t attract a negative element. I hope you will consider my support for a kayak launch. Guest User Location: Submitted At: 1:27pm 09-19-22 Michael Essington 55 NE 100 St. I have lived in Miami Shores since 1998. I regularly enjoy looking at the bay, sunrise and animal life from Bayfront Park, but it was always from behind the railing. Adding a kayak / paddle board launch at Bayfront Park would be a wonderful addition to our Village. All the above could be viewed while being on the bay. It is my understanding that the sea wall needs repairs/restoration/replacement and if the launch is added, there will be funding available from the state. This is a win/win for Village residents and our Park. Even without the state funding, the launch should be added. Paddle boarders and kayakers are generally good, responsible citizens who care about the environment. They will not trash a launch area and will probably pick up other’s litter during and after a paddle. Please make this happen! Thank you! Guest User Location: Submitted At: 1:07pm 09-19-22 I support the inclusion and construction of a public-access kayak launch as a part of the proposed rehabilitation of Bayfront Park. Public access to South Florida's vast waterfront is woefully inadequate for its residents and Miami Shores has the chance to increase access through the construction of this kayak launch site. As a Village, we like to pride ourselves in equity and inclusion for all residents. What better way to improve this by providing access to free recreational activities right here in Miami Shores by getting our residents out on the water. Do not let a minority number of NIMBYs take this project away from your 10K+ residents. They should have understood the pros and cons of living across the street from a public park prior to the purchase of their homes. -Herb Conde-Parlato 61 NW 96 ST Guest User Location: Submitted At: 1:01pm 09-19-22 This is an important initiative that will improve our neighborhood and the recreational options for residents. Arpad Krizsan 1165 NE 97th TREET, MIAMI SHORES Agenda Item: eComments for 8.A) APPOINTMENTS TO THE PLANNING BOARD (3 VACANCIES). Overall Sentiment Guest User Location: Submitted At: 9:47am 09-22-22 Good evening, Sarah McSherry of 1293 NE 95 St. First, please accept my apologies for my absence this evening. I am out of the state on a previously planned trip. Ive lived in Miami for 10 years, the last four of which we have been here in The Shores. My husband and I have chosen this community to start and raise our family. While I originally applied to serve on the Sustainability and Resilicent Committee, I recently requested through the Clerk that my application also be considered for the Planning and Zoning Board. I’d like to thank you in advance for your consideration of my application to sit on the Planning and Zoning board and also submit an explanation for why my application was not originally submitted for this board. I fully understand the level of commitment of time for this board, which is higher than that of the other boards. I am eager to serve my community; however, while I felt that my expertise and experience was always best suited for the planning and zoning board, I was concerned about the level of commitment. Since submitting the original application, with some rearranging of my schedule and organizing of childcare, I have been able to free up time that I am willing to devote to this position. I have 12 years of land use and zoning legal experience to offer this board. I am well versed in comprehensive planning law and land development regulations. I am eager to serve my community in a capacity that assists the Council in ensuring and planning for healthy and vibrant future growth and development of our Village. Thank you for your consideration.