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2023-10-03 Minutes1 MEETING MINUTES OCTOBER 3, 2023 6:30 PM 9900 BUILDING 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: Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Daniel Marinberg Vice Mayor Jesse Valinsky Mayor George Burch ALSO PRESENT: Village Attorney Sarah Johnston joined via Zoom. Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Mayor Burch withdrew Item 11A and added discussion items on funding the Pride Parade and moving Council Meetings back to Council Chambers located at Village Hall on a trial basis. 5) PRESENTATIONS 5.A OVERVIEW OF LEGISLATIVE REQUEST PROCESS FOR UPCOMING LEGISLATIVE SESSION - KATE DELOACH, THE SOUTHERN GROUP Mr. Nelson Diaz and Ms. Kate DeLoach provided an update on the legislative session and answered questions posed by the Village Council. 2 5.B PROCLAMATION IN RECOGNITION OF COMMUNITY PLANNING MONTH. Vice Mayor Valinsky, on behalf of the Village Council, read the proclamation into the record in recognition of Community Planning Month. 6) BOARDS/COMMITTEES REPORT 6.A SUSTAINABILITY AND RESILIENCY COMMITTEE (SRC) ANNUAL REPORT ( PRESENTED BY: SARAH MCSHERRY). Sarah McSherry, Chair of the SRC, delivered a presentation on the SRC's annual report and answered questions posed by the Village Council. Individual Councilmembers thanked the SRC for their contribution to the Village. 7) PUBLIC COMMENTS Judson LaCapra thanked Council for his appointment to the Recreation Advisory Committee (RAC). Mr. LaCapra reaffirmed his commitment to the RAC and asked Council to consider the renovation of the community center. Giselle Kovak, founding member of Miami Shores Pride Event, advocated for the Village's in-kind support. Robert Bourne asked for the Council's to consider donating the Village’s in-kind support to the Miami Shores Pride event. Mr. Bourne recognized the need for a Village policy, emphasizing the rapidly approaching event date. Christian Ulvert spoke in support of the Miami Shores Pride Event and encouraged Council to support such event in the form of in-kind donations. Village Clerk Rodriguez read eComments into the record. 8) APPROVAL OF THE MINUTES 8.A APPROVAL OF THE SEPTEMBER 5, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Harris moved to approve the September 5, 2023, September 11, 2023, and September 19, 2023 Meeting Minutes and Councilmember Charles seconded the motion which carried a 5-0 voice vote. 8.B APPROVAL OF THE SEPTEMBER 11, 2023 COMPREHENSIVE PLAN SPECIAL MEETING MINUTES (STAFF: VILLAGE CLERK). Approved. 8.C APPROVAL OF THE SEPTEMBER 19, 2023 FINAL BUDGET HEARING MINUTES (STAFF: VILLAGE CLERK). Approved. 3 9) BOARD APPOINTMENTS 9.A APPOINTMENTS TO THE PERSONNEL APPEALS BOARD (3 VACANCIES). Village Clerk Rodriguez provided opening remarks, detailing the application and selection process. Village Clerk Rodriguez indicated Council may cast an acclamation vote given the same number of applicants as vacancies. Vice Mayor Valinsky moved to appoint Judson LaCapra, Stacey Laskin, and Sharon Thompson to the Personnel Appeals Board and Councilmember Charles seconded the motion which carried a unanimous vote. 9.B APPOINTMENTS TO THE GENERAL EMPLOYEE PENSION BOARD (3 VACANCIES). Village Clerk Rodriguez provided opening remarks, detailing the application and selection process. Ms. Rodriguez indicated Ms. Averill Dorsett and Mr. Robert Williamson are term limited. However, a 4/5 vote of the Village Council may override the stipulated provision. Following self-introductions by the applicants, Councilmember Charles moved to appoint Averill Dorsett, Tom Longman, and Robert Williamson to the General Employee Pension Board and Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. 9.C APPOINTMENTS TO THE POLICE RETIREMENT PENSION BOARD (3 VACANCIES). Village Clerk Rodriguez provided opening remarks, detailing the application and selection process. Ms. Rodriguez indicated though there are three vacancies on the board, the Council will consider selecting two applicants as the third vacancy is filled by the Police Retirement Pension Board pursuant to the Village Code of Ordinances. Following self-introductions by the applicants, Councilmember Charles moved to appoint Martin Maguth and Clark Reynolds to the Police Retirement Pension Board and Councilmember Harris seconded the motion which carried a 5-0. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF THE CONSENT ORDER BETWEEN THE VILLAGE AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR SETTLEMENT OF CERTAIN MATTERS RELATED TO THE STORM SEWAGE SYSTEM; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Mr. Christopher Miranda, Public Works Director, provided an overview of the item and answered questions posed by the Village Council, indicating the Village has come into compliance and has reached a settlement. 4 Responding to Councilmember Harris’ inquiry, Mr. Miranda specified the mechanisms which will help avoid future fines. Mr. Miranda further indicated the Village has engaged a consultant specialized in the NPDES process to help the Village remain in compliance. Councilmember Marinberg asked about the status of the monitoring wells at the Public Work site. Mr. Miranda stated there are four wells on site and DERM has confirmed the Village is in compliance. Councilmember Marinberg moved to approve the resolution and Vice Mayor Valinsky seconded the motion which carried a unanimous vote. 10.B A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, APPROVING THE AWARD OF REQUEST FOR PROPOSAL NO. 2023-04-01 DESIGN-BUILD PRECAST CONCRETE BUFFER WALL; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE TOP RANKED FIRM, GARP CONSTRUCTION GROUP, INC., AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NOT TO EXCEED $399,190. (STAFF: PUBLIC WORKS DIRECTOR) Village Clerk Rodriguez read the caption of the resolution into the record. Mr. Christopher Miranda provided an overview of the item and answered questions posed by the Village Council. Councilmember Marinberg asked questions regarding the competitive solicitation evaluation process, specifically related to the scoring sheet. Councilmember Marinberg moved to approve the resolution and Councilmember Harris seconded the motion which carried a 5-0 voice vote. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION ON EXPEDITING THE PERMITTING PROCESS (SPONSORED BY: MAYOR GEORGE BURCH). The item was withdrawn. 11.B DISCUSSION AND POSSIBLE ACTION REGARDING ENFORCEMENT OF UPKEEP OF SINGLE-FAMILY HOMES (SPONSORED BY: COUNCILMEMBER DANIEL MARINBERG). Councilmember Marinberg provided opening remarks, indicating there are various single-family homes that are diminishing the maintenance standards of Miami Shores Village, such as properties with rusted generator cases, hard water stains, etc. Councilmember Marinberg indicated the importance of increased code enforcement. The Village Clerk read eComments into the record. Vice Mayor Valinsky indicated there should be clear standards communicated to residents. Councilmember Harris echoed the comments offered by Councilmember Marinberg. Councilmember Charles indicated the department is in transition and a new code enforcement officer was recently hired and will start next week. 5 Village Manager Scott indicated he will reassess operations and use this discussion as an opportunity to address concerns. No action was taken. 11.C DISCUSSION AND POSSIBLE ACTION REGARDING USE OF VILLAGE EMAILS AND TITLES (SPONSORED BY: COUNCILMEMBER DANIEL MARINBERG). Councilmember Marinberg provided opening remarks, indicating, pursuant to a public records request, he reviewed emails and noticed the use of emails from his standpoint is inappropriate, as a Councilmember's email account was used by the spouse of said Council member. Councilmember Marinberg asked if there's a policy on the use of Village emails and titles. Village Manager Scott indicated there is policy for staff with respect to the use of emails and titles. However, Village Manager Scott and Village Attorney Johnston indicated they are not aware of a Village policy that applies to Councilmembers. Councilmember Marinberg indicated no one should use their position nor should the Village grant email access to anyone other than the respective Councilmember. Mayor Burch indicated he is not aware of such emails, but stated he will look into it. Councilmember Marinberg moved to direct staff to draft a protocol governing the official use of Village emails for Councilmembers and Councilmember Harris seconded the motion. Village Attorney Johnston indicated she can add language stipulating the official use of Village emails in the draft Rules of Procedures. Councilmember Marinberg agreed to such inclusion. The motion carried a 5-0 voice vote. Vice Mayor Valinsky raised concerns regarding inappropriate comments, noting a Councilmember who sent Communication to the County regarding litigious actions against the Village. Vice Mayor Valinsky asked Councilmembers to display restraint when sending communication. 11.D DISCUSSION AND POSSIBLE ACTION REGARDING RFP NO. 2022-12-01 LEASING AND DEVELOPMENT OF MIAMI SHORES VILLAGE OWNED REAL PROPERTY (STAFF: VILLAGE MANAGER). Mr. Scott provided an overview of the item, providing background information on the competitive solicitation process concerning the lease and development of the Public Works site. Mr. Scott indicated each respondent provided $25,000 check along with their respective proposal. The Village Manager stated he would like to return the funds to the respondents in light of the recent referendum which invalidates the terms of the above-referenced competitive solicitation. Village Attorney Johnston clarified the proposals were submitted prior to the referendum. Mr. Scott noted he has not reviewed the proposals, as a selection committee has not been formed. Councilmember Marinberg moved to direct the Village Manager to return the above-referenced funds to the respondents and Councilmember Harris seconded the motion which carried a 5-0 voice vote. No further action was taken. 6 11.E DISCUSSION AND POSSIBLE ACTION ON FUNDING THE PRIDE EVENT(SPONSORED BY: MAYOR GEORGE BURCH). . Mayor Burch indicated there is a timing concern with respect to the Pride Event relative to the upcoming sponsorship and contribution policy. Thus Mayor Burch asked Council to consider a discussion given Council expressed interest in staff drafting a policy first. Councilmember Charles moved to direct the Village Manager to allocate funding related to in-kind services for the Pride parade and Councilmember Marinberg seconded the motion. Mayor Burch proposed a friendly amendment to direct the Village Manager to match this year’s in kind contribution to the extent of last year's event. Councilmember Charles and Councilmember Marinberg accepted the friendly amendment and the amended motion carried a 5-0 voice vote. No further action was taken. 11F. DISCUSSION REGARDING MOVING COUNCIL MEETING TO VILLAGE HALL COUNCIL CHAMBERS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, noting Village Council Meetings were moved to the 9900 Building due to COVID-19 social distancing requirements. Now that such requirements have been lifted and due to acoustic issues in the 9900 Building, Mayor Burch asked Council to consider moving future Council Meetings back to Council Chambers on a trial basis. . Councilmember Harris expressed safety concerns with the Council Chambers due to its size. Councilmember Marinberg and Vice Mayor Valinsky voiced pros and cons to moving the meetings to Village Hall Council Chambers. Vice Mayor Valinsky asked Chief Golt to provide his perspective on the security matter that was raised by Councilmember Harris. Chief Golt indicated the more space you have to move, the easier it is to flee from an assailant and thus the safer it is. Mayor Burch indicated meeting at the 9900 Building is not the best and highest use for the property. Councilmember Charles noted there may be logistical costs associated with the proposed meeting location change. Vice Mayor Valinsky moved to direct staff to come back with costs associated with the logistics of moving future meetings to Council Chambers and Councilmember Charles seconded the motion which carried a 4-1 voice vote. Councilmember Harris voted in opposition. 12) MANAGER'S REPORT 12.A UPDATE ON THE PROPOSED MIAMI-DADE COUNTY IMPERVIOUS ORDINANCE AND GENERAL CONCERNS. 7 Village Manager Scott provided an update on the meeting with the County regarding the proposed impervious area ordinance. Mr. Scott indicated the proposed ordinance is losing traction due to pervasive opposition from municipalities. Therefore, the County will be revising the draft ordinance. 12.B UPDATE ON TRAFFIC DATA, RESPONSE TIMES, AND ONGOING PROJECTS. Chief Golt delivered a presentation on the above-referenced matter and answered questions posed by the Village Council. 13) ATTORNEY'S REPORT No comments. 14) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements. 15) VILLAGE COUNCIL COMMENTS Councilmember Jerome Charles- Councilmember Charles informed Council that he is working with the Village Manager on the Council Retreat and an update will be provided shortly. No further comments were offered. 16) ADJOURNMENT There being no further discussion, the meeting adjourned at 8:54 PM.