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2022-12-06 Council Meeting Minutes1 MEETING MINUTES DECEMBER 6, 2022 6:30 PM 9900 BUILDING 1) CALL TO ORDER Councilmember Wagar called the meeting to order at 6:34 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL PRESENT Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Vice Mayor Daniel Marinberg joined the meeting via Zoom. Mayor Sandra Harris was absent. ALSO PRESENT: Village Attorneys Sarah Johnston and Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Councilmember Burch moved to approve the order of business as presented and Councilmember Saint Fleur seconded the motion, which carried a 3-0 voice vote. (Vice Mayor Marinberg was not present at the time the vote was called.) 5) PRESENTATIONS- None 2 6) PUBLIC COMMENTS John Ise advocated for the Comprehensive Plan to include language that discourages urban sprawl, promotes affordable housing, and encourages smart development. Nicole Headmark advocated for minimal corrections to the Comprehensive Plan. Kathy Shorts spoke in opposition to the Barry University letter. Dennis Leyva thanked Councilmember Burch and Vice Mayor Marinberg for the information provided regarding the Comprehensive Plan. He further asked what is village administration's position regarding development. Arnold Gurevitz asked for individual Councilmembers to express their respective position regarding the comprehensive plan. Toni McCormick thanked the Village Council for their service and spoke in opposition to rental apartments. Jesse Valinsky spoke on behalf of the Village Charter Review Committee and encouraged resident attendance. Nick Marian spoke about the number of first responders and teachers who reside in Miami Shores. Lou Perez spoke in opposition to additional changes to the comprehensive plan outside of the inconsistencies. Giselle Kovak spoke in support of the proposed comprehensive plan amendments. Linda Schwartz spoke about the importance of fixing the comprehensive plan, but asked the Village Council to pace the proposed changes. Pat Toomey asked about the data, traffic study, and impact study. He further advocated for additional time and information. Joe Raia spoke about the various responsibilities of the village council to address the inconsistencies, but spoke in opposition to going beyond the necessary changes. Laura Courty spoke in opposition to potential increase of traffic and density. She further spoke about the approach towards the resident. William Bailey, FPE representative, spoke in support of item 11B. Bob Domlesky spoke about the village being the sixth most densely populated village in the State of Florida according to his study. Michael Williams spoke about the spirited debates regarding the proposed comprehensive plan amendments. Dennis Peña spoke about comments he asked to be incorporated into the record and spoke in opposition to misinformation and discriminatory tones. 3 Beth Barteletti spoke in opposition to Mr. Pena's comments. 7) APPROVAL OF THE MINUTES 7.A APPROVAL OF THE NOVEMBER 15, 2022 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Councilmember Burch moved to approve the minutes and Councilmember Saint Fleur seconded the motion which carried a 4-0 voice vote. 8) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES BY AMENDING APPENDIX A, ZONING, ARTICLE V, SUPPLEMENTARY REGULATIONS, DIVISION 17, LANDSCAPING, SECTION 536, DESIGN STANDARDS, TO REMOVE THE PERCENTAGE LIMITATION FOR SYNTHETIC TURF IN THE REAR YARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING & ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Councilmember Wagar opened the public hearing and subsequently closed it as no one present offered comments. Village Clerk Rodriguez read eComments into the record. Claudia Hasbun, Planning and Zoning Director, introduced the item and answered questions posed by the Village Council. According to the revised ordinance, Ms. Hasbun clarified artificial turf is allowed in the side and rear yards. Councilmember Burch moved to approve the ordinance on second reading and Councilmember Wagar seconded the motion which carried a 3-1 voice vote. Councilmember Saint Fleur voted in opposition. 9) RESOLUTION(S) 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING A FLORIDA LOCAL AGENCY PROGRAM ("LAP") AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $162,000 FOR THE CONSTRUCTION OF THIRTY-SIX ADA COMPLIANT CURB RAMPS; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY RELATED DOCUMENTS REQUIRED TO BE EXECUTED BY THE AGREEMENT; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND AN EFFECTIVE DATE. (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. 4 Councilmember Burch moved to approve the resolution and Councilmember Saint Fleur seconded the motion which carried a 4-0 voice vote. 9.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING A FLORIDA LOCAL AGENCY PROGRAM ("LAP") AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE OF AN AMOUNT NOT TO EXCEED $705,429 FOR CONSTRUCTION OF MULTIMODAL MOBILITY IMPROVEMENTS TO ENHANCE SAFETY AND MOBILITY FOR PEDESTRIANS AND BICYCLISTS AND CONSTRUCTION ENGINEERING INSPECTION SERVICES; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING AMENDMENT OF THE APPLICABLE FISCAL YEAR BUDGET AND EXPENDITURE OF ALL FUNDS AWARDED; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY RELATED DOCUMENTS REQUIRED TO BE EXECUTED BY THE AGREEMENT; AND PROVIDING FOR APPROVAL, AUTHORIZATION AND AN EFFECTIVE DATE. (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 Wagar opened public comments. Toni McCormick asked for more information regarding the item. Councilmember Burch congratulated Mr. Miranda and his team for collaborating with FDOT to achieve the grant. Councilmember Saint Fleur moved to approve the resolution and Councilmember Burch seconded the motion which carried a 4-0 voice vote. 10) VILLAGE BOARD APPOINTMENT 10.A APPOINTMENT TO THE PERSONNEL APPEALS BOARD (ONE VACANCY). Village Clerk Rodriguez provided opening remarks regarding the appointment, explaining the Village Council’s directive to maintain the vacant position open due to insufficient applications. Since then, the Village Clerk’s Office received one application from Ms. Evie Isles. Given there is one vacancy, Village Clerk Rodriguez indicated the Village Council may cast a vote by acclamation. By way of consensus, the Village Council appointed Ms. Evie Isles to serve on the Personnel Appeals Board. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION ON PLANNING A BUDGETARY ALLOCATION FOR JOINING AND MAINTAINING A FLORIDA MAIN STREET PROGRAM; ESTABLISHING A TIMELINE FOR MEETING THE REQUIREMENTS FOR BECOMING A FLORIDA MAIN STREET 5 ACCREDITED COMMUNITY AS OUR MIAMI SHORES DOWNTOWN DISTRICT (SPONSORED BY: COUNCILMEMBER ALICE BURCH). Councilmember Burch provided opening remarks regarding the item and turned the proposed details over to Assistant Village Manager Tanya W ilson and Village Manger Scott who answered questions posed by the Village Council. Ms. Wilson spoke about how the Main Street program can help improve the appearance of the downtown district. Mr. Scott elaborated on option one (hiring two full-time employees sharing costs with Public Works) and option two (hiring two part-time employees dedicated to Downtown beautification) with respect to improving the appearance of the downtown district. Councilmember Burch advocated for the in-house maintenance of the Main Street program, selecting option 1 as her preference. Discussion ensued regarding the pursuit of the Main Street Program versus an in-house management program. Vice Mayor Marinberg spoke in opposition to the in-house management alternative, requesting additional information regarding the proposed program. Councilmember Wagar moved to establish an in-house Main Street Program and approve option 1, allocating funding for two full-time employees for the in-house maintenance of the Main Street Program. Councilmember Burch seconded the motion, which carried a 3-1 voice vote. Vice Mayor Marinberg voted in opposition. No further action was taken. 11.B APPROVAL OF THE FEDERATION OF PUBLIC EMPLOYEES (FPE) UNION CONTRACT. (STAFF: VILLAGE MANAGER). Mr. Scott spoke about the changes to the FPE contract. He further spoke about the study that was conducted to determine benefits for FPE participants. Mr. Bailey, FPE Union representative, commended the Village Council and the Village Manager for supporting the proposed changes to the FPE contract. Councilmember Burch moved to approve the FPE contract and Councilmember Saint Fleur seconded the motion which carried a 4-0 voice vote. 11.C DISCUSSION AND POSSIBLE ACTION REGARDING VILLAGE MANAGER EMPLOYMENT AGREEMENT TERMS (SPONSORED BY: VILLAGE MANAGER). Mr. Scott spoke about the proposed amendments to the agreement, which include authorization for time off to be obtained by the Village Council in lieu of the Mayor, and personal time off payout section to include language, referencing termination without cause. Mr. Scott indicated all membership subscription and travel costs are included in the budget; therefore, he requested for language concerning council 6 authorization to be stricken through. He further spoke about changing the village contribution parameters for his 401A retirement plan to reflect 15% instead of a dollar amount designed for 457 plans. Lastly, he asked for a one-time 3% salary increase for the new fiscal year. Should the Village Council express support for the above-noted changes, Village Attorney Johnston asked the Village Council to direct her to incorporate the amendments into the agreement and to include Mayoral signature. Councilmember Saint Fleur moved to direct the Village Attorney to amend the agreement subject to the above-noted changes and to acquire Mayoral signature on such record. Councilmember Burch seconded the motion which carried a 4-0 voice vote. There was discussion regarding the status of the village clerk employment agreement. Village Attorney Johnston indicated such document has not been executed, but would be sent to the Mayor for signature promptly. No further action was taken. 12) MANAG ER'S REPORT Councilmember Katia Saint Fleur announced her resignation, indicating her last meeting is December 14, 2022 if it is the last scheduled meeting of the Village Council. Councilmember Saint Fleur thanked residents and staff for their support. Mr. Scott provided an update on operational matters. 13) ATTORNEY'S REPORT No comments 14) ANNOUNCEMENTS The Village Clerk read announcements into the record. 15) VILLAGE COUNCIL COMMENTS Councilmember Burch spoke about the holiday tree lighting event and thanked staff for organizing such events. She further spoke about the shuttle service and encouraged ridership. Councilmember Wagar thanked the Public Works and Recreation Departments. Councilmember Saint Fleur- No comments Vice Mayor Marinberg- Vice Mayor thanked staff for coordinating all of the holiday events and thanked Chief Golt and his team for their responsiveness. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:55 PM.