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2023-12-05 Minutes1 MEETING MINUTES DECEMBER 5, 2023 6:30 PM 9900 BUILDING 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:31 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Daniel Marinberg arrived at Vice Mayor Jesse Valinsky Mayor George Burch ALSO PRESENT: Village Attorney Sarah Johnston Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS Village Clerk Rodriguez indicated Item 5A has been withdrawn by Dr. Hobbs, Doctors Charter School Executive Director. 5) PRESENTATIONS 5.A DOCTORS CHARTER SCHOOL CAPITAL IMPROVEMENT PROPOSAL (PRESENTED BY: DR. SHERRELL ANDREWS, DCS EXECUTIVE DIRECTOR). Withdrawn. 2 6) BOARDS/COMMITTEES REPORT 6.A COUNTRY CLUB ADVISORY BOARD REPORT CONCERNING MIAMI SHORES COUNTRY CLUB CAPITAL IMPROVEMENTS. Mr. Bill Griffith, on behalf of the Country Club Advisory Board (CCAB), delivered a presentation on the need for capital improvements to the Miami Shores Country Club (MSCC). Mr. Griffith thanked Professional Course Management, Mr. LaPonzina & Mr. Pozzi, for their commitment to the Miami Shores Country Club. The Country Club Advisory Board asked the Village Council to direct the Village Manager to enagage a professional to assess the condition of the MSCC building. Councilmember Marinberg asked the Board how high are rates of other Golf Courses compared to MSCC. Mr. Griffith and other board members stated rates are substantially higher. The Village Council thanked the CCAB for the presentation. 7) PUBLIC COMMENTS Mary Benton spoke about resignation of Claudia Hasbun in relation to the existing work environment and the recent resignation of Deputy Village Manager Tanya Wilson. Lastly, she lauded former Councilmember Alice Burch for her decision to reach out to Mr. Esmond Scott for the Interim Village Manager position. Felipe Azenha spoke about a notice of violation he received regarding the placement of gravel on the swale. He asked Council to consider allowing the use of gravel on the swale. Asher Sossonko spoke about the need for police escort services to protect participants of the Chanukah parade and asked Council to consider donating such services. Carmen Renick spoke in opposition to the comments made towards the Mayor during the November 7, 2023 Council Meeting. Marjorie Weber raised financial concerns at the County and State level. She offered her services in assessing the financial condition of the MSCC. 8) CONSENT AGENDA Councilmember Marinberg moved to approve the Consent Agenda and Vice Mayor Valinsky seconded the motion which carried a unanimous vote. 8.A A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE AWARD OF INVITATION TO BID NO. 2023-09-01 MIAMI SHORES VILLAGE SIDEWALK CURB RAMP IMPROVEMENTS; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, HOMESTEAD CONCRETE & DRAINAGE, INC., IN AN ESTIMATED AMOUNT NOT TO EXCEED $272,569. PASSED ON CONSENT. 3 8.B APPROVAL OF THE NOVEMBER 7, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). PASSED ON CONSENT. 9) RESOLUTION(S) 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, SETTING THE DATES FOR THE 2024 VILLAGE COUNCIL MEETINGS; PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE CLERK). Village Clerk Rodriguez read the caption of the resolution into the record and provided opening remarks. Ms. Rodriguez asked Council to consider approving the resolution as amended, cancelling or changing the January 2, 2024 Village Council Meeting due to its proximity to the New Year’s Day holiday. Mayor Burch spoke in opposition to the proposed amendment and the cancellation of the second meeting of December 2023. Ms. Rodriguez provided historical context, indicating it is the tradition of the Village to conduct one Council Meeting in December. Ms. Rodriguez further indicated the average number of annual Council Meetings is 24. However, in 2023 (calendar year), the Village Council has held approximately 30 Council Meetings (including Council Workshops and Special Meetings). Village Attorney Johnston stated should the need arise, nothing prohibits the Council from adding a supplementary meeting in January. Councilmember Marinberg moved to approve the resolution as amended and Councilmember Harris seconded the motion, which carried a 4-1 voice vote. Mayor Burch voted in opposition. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A DISCUSSION AND POSSIBLE ACTION ON FUNDING INFRASTRUCTURE PROJECTS AT THE COUNTRY CLUB AND DOCTORS CHARTER SCHOOL (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, proposing the Village move $400,000 out of the General Fund into a special fund earmarked for improvements to the MSCC or host a special meeting to hear from a consultant on the prospects of a General Obligation (GO) Bond. Councilmember Marinberg spoke about the need to allocate funding for needs beyond improvements, suggesting the possibility of GO Bond or Public Private Partnership (P3). Discussion ensued on the directive issued to the Village Manager regarding capital improvements to the MSCC. Village Clerk Rodriguez reminded Council that during the September 5, 2023 Budget Hearing, the Village Manager was directed to engage a professional firm to conduct a condition assessment of the Miami Shores Country Club and report capital improvement findings to the Village Council. 4 There was further discussion regarding the importance of establishing a plan for the upcoming capital improvements and culmination of the existing contract between Professional Course Management and the Village. Responding to Council discussion, Mr. Scott indicated he will be asking the Finance Department for a detailed financial breakdown of whether $400,000 can be transferred out of the General Fund. Regarding the timeline for repairs to the Country Club, Councilmember Charles asked for clarification on the temporary closure of the MSCC to conduct repairs. No action was taken. 10.B DISCUSSION AND POSSIBLE ACTION ON FORMING AN AD HOC COMPREHENSIVE PLAN COMMITTEE TO STUDY THE EAR NE CORRIDOR, THE LIVE LOCAL ACT, AND ZONING CODE (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, indicating the SMART Plan will traverse Miami Shores. Mayor Burch raised concern regarding the density, height, and FAR detailed in the proposed 1/4 mile of railroad are greater than what's required by the Live Local Act. Mayor Burch asked Council to consider receiving a written opinion from Weiss Serota on how the NE Corridor plan affects the zoning in Miami Shores Village. He further spoke about contacting Honorable Shevrin Jones, Mickey Steinberg, and Keon Hardemon regarding the matter. Councilmember Charles moved to direct the Village Attorney to provide an opinion regarding the impact of the RTZ on Miami Shores Village and propose zoning code amendments. In consultation with Attorney Chad Friedman, Village Attorney Johnston explained there are zoning code amendment changes that the Attorney will recommend to the Council and the Planning & Zoning Board to offset some of the concerns. Village Attorney Johnston indicated Weiss Serota is amenable to conducting an opinion on the Rapid Transit Zone (RTZ) and its effect on the Village. Councilmember Harris asked whether the State preempted the RTZ’s ability to impose their proposed increases in height, density, and FAR in light of the live local act. Village Attorney Johnston mentioned it would not prevent the Village. Mayor Burch seconded the motion which carried a 5-0 voice vote. No further action was taken. 10.C DISCUSSION AND POSSIBLE ACTION REGARDING VILLAGE POSITION ON SOVEREIGN IMMUNITY COUNTY ORDINANCE 33C-33 AND COUNTY ATTEMPT TO AMEND 125.01055, F.S. (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided an overview of the resolution, which encourages the State legislature to amend the parameters of the live local act to raise the density, height, and FAR in the NE Corridor. Mayor Burch asked Council to consider speaking to State and County representatives regarding preemption. Councilmember Harris raised concern regarding Miami Shores Village’s seclusion from County proposed development initiatives and its impact on the need for additional revenues to address capital improvement concerns. No action was taken. 5 10.D DISCUSSION REGARDING AUTHORITY AND SCOPE OF BOARDS AND COMMITTEES (SPONSORED BY: COUNCILMEMBER DANIEL MARINBERG). Prior to discussing the item, Councilmember Marinberg asked the Village Manager whether the Village has to seek authorization for police escort funding for the Chanukah parade per Rabbi Asher’s request. Mr. Scott deferred to Chief Golt who explained the Village has provided such services in the past. However, in light of recent budget concerns, Chief Golt deferred to the Village Manager who asked the Village Council for approval of two officer's time. Mayor Burch moved to direct the Village Manager to supply two officer for the Chanukah parade and Councilmember Marinberg seconded the motion which carried a 5-0 voice vote. Councilmember Marinberg provided opening remarks, indicating the need for determining the scope and necessity for additional boards and committees. Councilmember Marinberg cautioned the Council on expanding the scope and role of boards and committees. Councilmember Harris thanked all board members for their service. Councilmember Harris raised concerns regarding the political activity of some board members and how some boards have been used to circumvent the business of the Village Council and administration. Mayor Burch spoke in support of appointing subject matter experts to the boards and committees to advise the Village Council. Mayor Burch indicated the Village is not utilizing boards to the best of their ability. Village Attorney Johnston indicated the difference between the role of boardmembers who are appointed to advise the Council on legislative matters and the role of staff who are the subject matter experts hired to carry out the operational/administrative functions of the Village. Discussion ensued; however, no action was taken. 10.E DISCUSSION AND POSSIBLE ACTION REGARDING PUBLIC WORKS LAND (SPONSORED BY: COUNCILMEMBER DANIEL MARINBERG). Councilmember Marinberg raised the item in light of his possible resignation before the end of this year due to the latest financial disclosure requirements. Therefore, he sought fit to speak about the public works land due to potential revenue such land may generate. Given the need for additional funding for CIP projects, Councilmember Marinberg spoke about the importance of considering the potential lease of the land. Councilmember Marinberg reminded Council of staff indicating they do not need all of the land without operational interruptions. As a result of the County incinerator breaking down, Mayor Burch included a statement from Miami-Dade County Solid Waste indicating their approval of a mulching facility. In his conversation with the head of Solid Waste, the County expressed interest in the mulching project. Responding to Councilmember Marinberg’s inquiry regarding revenue, Mayor Burch indicated the County would not pay the Village; however, the Village would save approximately $500,000 per year in costs and the Village would be self-sustaining. Councilmember Marinberg advocated for the Village to engage a professional to conduct an analysis regarding the best and highest use for the land. Councilmember Harris raised concerns regarding the emission of methane gas and its impact on the surrounding properties located in unincorporated Miami-Dade County. Councilmember Harris clarified 6 she’s not opposed to the mulching proposal; however, she is opposed to supporting unintended negative impacts to other communities when she would not support it in Miami Shores. Vice Mayor Valinsky understood such activities were only allowed in the event of an emergency (i.e. hurricane). Vice Mayor asked what has changed. Village Manager spoke about a clean yard waste program provision in the Miami-Dade County Code and indicated capacity is a problem for Miami-Dade County Solid Waste. Village Manager Scott stated the unknown factor in the equation is what DERM has to say about the proposal. Councilmember Marinberg moved to direct the Village Manager to gather additional information from DERM regarding the mulching proposal, cost of equipment and possible environmental and public welfare impacts. Mayor Burch seconded the motion which carried a 5-0 voice vote. Councilmember Marinberg moved to seek a broker/appraiser opinion to determine the best and highest use of the public works property (with the exception of the land that is currently in use) and Councilmember Harris seconded the motion which carried a 5-0 voice vote. Councilmember Marinberg clarified the intent is for the Village Manager to seek an informal opinion, avoiding the competitive solicitation process. Nancy Dowson spoke about providing the Village’s criteria to a professional/realtor. No further action was taken. 10.F DISCUSSION & POSSIBLE ACTION REGARDING PLANNING AND ZONING BOARD RECOMMENDATION TO VILLAGE COUNCIL REGARDING THE REVIEW OF PUBLIC WORKS AND CAPITAL IMPROVEMENT PROJECTS (STAFF: PLANNING & ZONING). Village Manager Scott provided an overview of the Planning & Zoning Board request. Councilmember Marinberg stated the requested consideration may pose delays to the Public Works Department. Mayor Burch spoke in favor of seeking the input of board members regarding the various challenges facing the Village. Vice Mayor Valinsky spoke in opposition to adding more oversight procedures that may pose delays. Village Attorney Johnston explained the difference between recommendation reports provided by boards versus operational directives intended for the Village Manager and his staff. No action was taken. 11) MANAGER'S REPORT Village Manager Scott wished outgoing Deputy Village Manager Tanya Wilson all the best in her future endeavors in light of her recent resignation. 12) ATTORNEY'S REPORT Village Attorney Johnston asked for clarification regarding the Council opting for a workshop/special meeting to discuss the rules of order procedure. There was consensus to discuss the item during a regular Council Meeting. 13) ANNOUNCEMENTS 7 Village Clerk Rodriguez provided announcements. 14) VILLAGE COUNCIL COMMENTS Councilmember Jerome Charles- Councilmember Charles spoke about the Professional Retreat for the Village Council, announcing he and the Village Manager secured a facilitator who is prepared to conduct a half-day retreat during January or February 2024. Mayor George Burch- Mayor Burch expressed dissatisfaction with various chain of events where he has felt disregarded by Village staff and Councilmembers, citing examples. Responding to the comments made by individual Councilmembers at the last Council meeting regarding his remarks to Village administration and staff, Mayor Burch recommended Councilmembers initiate the recall process if they are displeased with his performance. Mayor Burch stated he does not regret the emails he has written to Village Manager Scott. Mayor Burch concluded his comments by stating he has been treated poorly. Responding to one of the claims regarding staff opening what Mayor Burch considered to be private mail, Village Clerk Rodriguez clarified all mail addressed to individual Councilmembers and received at Village are opened by her or her designee in her capacity as Custodian of Public Records and Corporate Secretary. Village Attorney Johnston clarified such mail is not private mail, but rather Village mail and must be opened by the Village Clerk who is the Custodian of Public Records due to various legal and administrative reasons. Village Clerk Rodriguez apologized for not providing him with copies of such correspondence (absent any exemption). Village Manager Scott clarified some of the concerns raised by Mayor Burch. Village Manager Scott concluded his response by sharing the offensive nature of Mayor Burch’s comments and emails towards him, noting he will continue to extend courtesy and respect to the Mayor. Councilmember Charles asked to be recognized to finish his original comments regarding the retreat, indicating his update regarding the professional retreat was diminished by Mayor Burch’s comments. Councilmember Charles sought consensus from the Council on the expenditure of funds for such retreat. Councilmember Daniel Marinberg- Councilmember Marinberg expressed support for the Professional Retreat and thanked Councilmember Charles for coordinating the event. Councilmember Marinberg asked the Village Council to pose a referendum question to the electorate of Miami Shores as to whether the Village Council election should run concurrent with the General Election or remain as a standalone election. 15) ADJOURNMENT There being no further before the Village Council, the meeting adjourned at 10:05 PM.