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2024-02-20 Minutes1 MEETING MINUTES FEBRUARY 20, 2024 6:30 PM 9900 BUILDING 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:35 PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Councilmember Neil Cantor Councilmember Jerome Charles Councilmember Sandra Harris arrived at 7:31 PM. Vice Mayor Jesse Valinsky Mayor George Burch ALSO PRESENT: Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez Village Manager Esmond Scott 4) ORDER OF BUSINESS There were no changes to the order of business. 5) PRESENTATIONS 5.A INSTALLATION OF COUNCILMEMBER-APPOINTEE NEIL CANTOR (STAFF: VILLAGE CLERK). Village Clerk Rodriguez administered the oath of office, installing Neil Cantor as Councilmember until April 8, 2025. 2 5.B PROCLAMATION IN HONOR OF BLACK HISTORY MONTH & MAJOR KERRY TURNER'S SERVICE (COUNCILMEMBER SANDRA HARRIS). Vice Mayor Valinsky, on behalf of the Village Council, read the proclamation into the record and thanked Major Turner for his dedicated service to Miami Shores Village. 5.C PRESENTATION ON BROCKWAY NATIVE WILDLIFE GARDEN (BY: MARY BENTON). Mary Benton provided an overview of the presentation, advocating for the creation of a native wildlife garden at Brockway Memorial Library, which would conserve drinking water, increase biodiversity, lowers carbon footprint, promote more resiliency, among other benefits. Ms. Benton spoke on the importance of incorporating ADA accessibility, asking the Village to apply for grant opportunities that can underwrite the costs that will make this garden accessible to all residents, including those in wheelchairs. 5.D PRESENTATION ON THE RAPID TRANSIT ZONE & LIVE LOCAL ACT (STAFF: VILLAGE ATTORNEYS). Village Attorney Chad Friedman provided an overview of the Rapid Transit Zone (RTZ) and answered questions posed by the Village Council. Responding to Councilmember Charles’ inquiry regarding the floor area ratio (FAR), Attorney Friedman clarified single-family residential districts are exempt from the RTZ ordinance. Attorney Friedman further clarified the ordinance recognizes the Village’s authority to adopt a buffer. Mayor Burch asked whether parking lots located in the Downtown district can be considered a buffer. Attorney Friedman stated everything outside of 94th Street is exempted from RTZ. Responding to Vice Mayor Valinsky, Interim Planning & Zoning Director Alex David confirmed the Village is in compliance with the FAR requirement detailed in the ordinance, but the Village has not sent the Village’s zoning district regulations along with the compliance letter to the County. Mayor Burch opened public comments. Toni McCormick posed questions regarding the County point person for such matters. Attorney Friedman stated the County Planning and Zoning Director would be the designated individual. Maria McGuiness asked whether the Village code of ordinances would have to be amended to address transitional provisions for single-family properties that are across commercial properties and/or multi- family dwellings in the business districts. Attorney Friedman responded in the affirmative. Nancy Dowson asked for a timeline with respect to the compliance deadline. Village Attorney Chanae Wood provided an overview of the Live Local Act and answered questions posed by the Village Council. Village Attorney Wood identified the areas affected by the Live Local Act, which include commercial districts given the Village does not have industrial or mixed-use zoning districts. Village Attorney Wood indicated the Live Local Act, as currently presented, will have an impact on the Village. However, the firm is monitoring the Live Local Act as it continues to evolve. Mayor Burch opened public comments. 3 Toni McCormick asked Village Attorney W ood to personalize the Live Local Act to Miami Shores Village. Katia Saint Fleur asked staff to make the PowerPoint presentation available to the public. Ms. Saint Fleur indicated the latest version of the Live Local Act will continue to evolve and asked residents to contact State legislators. Maria McGuiness asked whether the Village Lobbyist can be directed to contact State legislators. Vice Mayor Valinsky posed questions regarding the enforcement of affordable housing. Attorney Friedman indicated said properties are required to have a covenant in place to ensure enforcement of affordability. Responding to Councilmember’s Charles inquire regarding rent control, Village Attorney W ood indicated she will look into said matter. No action was taken. 5) BOARDS/COMMITTEES REPORT Tim Crutchfield provided an update regarding the Ad Hoc Traffic Advisory Committee, referencing the committee’s governing resolution relative to the committee’s recommendation report. Mayor Burch expressed interest in bringing forth an agenda item to discuss the possibility of a longstanding Ad Hoc Traffic Committee. 6) PUBLIC COMMENTS Nestor Alvarez spoke about how the Biscayne Canal rising water is flooding issues to his property, specifically during King tides. Mr. Alvarez advocated for a sewer system project. Responding to his concerns, Councilmember Charles stated the master septic to sewer conversion project is a priority of the Village which has been discussed numerous times during the last year. Sharon Thompson asked Council to consider a donation of $2000 to the Kennedy Kids foundation. 7) CONSENT AGENDA Vice Mayor Valinsky moved to approve the consent agenda and Councilmember Harris seconded the motion which carried a 5-0 voice vote. 8.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA APPROVING THE AWARD OF INVITATION TO BID NO. 2023-12-01 LOW PRESSURE SEWER SYSTEM ANNUAL PREVENTATIVE MAINTENANCE AND AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AGREEMENT WITH PUMP STATION MAINTENANE SERVICES, LLC FOR A TERM OF THREE YEARS WITH THE OPTION OF TWO ADDITIONAL ONE YEAR RENEWALS FOR A POSSIBLE TOTAL OF FIVE YEARS IN AN AMOUNT NOT TO EXCEED AN ANNUAL COST OF $29,280 (PUBLIC WORKS DIRECTOR). Passed on consent. 8.B APPROVAL OF THE FEBRUARY 6, 2024 COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). 4 Passed on consent. 9) RESOLUTION(S) 9.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, CREATING AN AD HOC COMMUNICATIONS ADVISORY COMMITTEE; ESTABLISHING THE SCOPE AND COMPOSITION; PROVIDING FOR SUNSET OF THE COMMITTEE; PROVIDING FOR CONFLICTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY: VICE MAYOR JESSE VALINSKY). Village Clerk Rodriguez read the caption of the resolution into the record. Vice Mayor Valinsky proposed an amendment to the resolution, adding a sunset date of 90 days. In light of the sunset provision recommendation, Village Attorney W ood asked Council to consider amending the resolution to authorize the Village Manager to determine if additional time beyond the 90 days is necessary. Vice Mayor Valinsky moved to amend the resolution to add a sunset period of 90 days, authorizing the Village Manager to determine if an extension is necessary and Councilmember Charles seconded the motion which carried a 5-0 voice vote. Mayor Burch asked Village Attorney Wood to consider amending the term audience to reflect among Village residents on Page 2. Village Attorney W ood indicated the resolution may be amended to reflect the following: “for reaching diverse audiences among Village residents …” Vice Mayor Valinsky moved to amend the resolution to include the proposed language, indicating “diverse audiences among Village residents” and Councilmember Charles seconded the motion which carried a 5-0 voice vote. Village Manager Scott stated he will be the staff liaison to the committee. Vice Mayor Valinsky moved to approve the resolution as amended and Councilmember Charles seconded the motion which carried a 5-0 voice vote. 10) DISCUSSION & POSSIBLE ACTION ITEMS 10.A DISCUSSION AND POSSIBLE ACTION REGARDING THE PROPOSAL FROM NATIONAL GOLF FOUNDATION, INC. (STAFF: VILLAGE MANAGER). Village Manager Scott provided opening remarks, reiterating the Council directive to have the Village Manager engage a consultant to conduct a condition assessment of the Miami Shores Country Club & Golf Course (MSCC). Mr. Scott reported he reached out to various consultants, selecting National Golf Foundation Consulting (NGFC) as the top firm based on their subject matter expertise of the industry standards and Miami Shores Village. Mr. Scott asked Council to consider whether they would like to proceed with NGFC based on the outlined proposal. Mr. Bill Griffith, Country Club advisory board member, introduced NGFC representative Ed Getherall who provided an overview of the firm’s qualifications and the condition assessment proposal. Mr. Getherall spoke about the difference between Option A and Option B, explaining the latter includes a comprehensive approach to the assessment which includes inventory, analysis, and a Conceptual Master Plan. Discussion ensued regarding the merits of both options. 5 Councilmember Harris asked why the Village Manager has not pursued the competitive solicitation process. Village Manager Scott indicated the possibility exists for Professional Course Management to forgo entering its fifth year of managing the MSCC. Given the time sensitive nature of the matter, Village Manager Scott asked Council to consider waiving procurement procedures. Responding to Councilmember Harris’ inquiry regarding the completion of the master plan, Mr. Getherall stated should the Council approve, the assessment and master plan would be completed in 60 - 90 days. Village Manager Scott confirmed the assessment would include best practices on revenue sharing. Mayor Burch opened public comments. Toni McCormick asked for the dining facility to remain open during the renovations. Nancy Dowson spoke about changing the floorplan configuration of the Country Club, rendering it more conducive to weddings, baby showers, and other events. Village Manager Scott asked Council to waive the competitive solicitation (procurement) process, authorize the Village Manager to engage NGFC for the condition assessment, and select an option for the consultant to pursue. Vice Mayor Valinsky moved to waive the competitive solicitation process for the Miami Shores Country Club capital improvement condition assessment and directed the Village Manager to engage National Golf Foundation (NGFC), Inc. for said services with an emphasis on Option B which includes inventory, analysis, and a Conceptual Master Plan. Councilmember Cantor seconded the motion which carried a 5- 0 voice vote. No further action was taken. 10.B DISCUSSION AND POSSIBLE ACTION ON AWARDING THE MIAMI SHORES COMMUNITY ALLIANCE WITH A RECOMMENDED DONATION OF $5,000 (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, asking the Village Council to consider donating $5,000 to the Miami Shores Community Alliance (MSCA) given the organization’s support of local causes. Vice Mayor Valinsky asked whether the Village has donated funds to said entity in the past. Mayor Burch responded in the affirmative. Councilmember Harris expressed reservations given the proposed resolution which speaks to charitable donations has not been approved by Council. Should the Village Council support donating funds to MSCA, Councilmember Harris stated the amount should not exceed the budgeted allocation of $3,000. Councilmember Charles raised concern about the Village donating taxpayer dollars to a charitable organizations which has donated to the Village. Discussed ensued regarding the importance of establishing a charitable donations policy. Vice Mayor Valinsky asked Council to consider donating the FY24 allocated funds ($3,000) to the MSCA. Mayor Burch moved to donate $3,000 to the Miami Shores Community Alliance and Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. 6 No further action was taken. 10.C DISCUSSION AND POSSIBLE ACTION REGARDING A REQUEST FOR PROPOSAL (RFP) FOR VILLAGE ATTORNEY SERVICES (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, lauding Village Attorney Wood's vigor and competence. Mayor Burch spoke about the various errors committed by the Weiss Serota Team. Mayor Burch asked Council to consider pursuing the competitive solicitation process to determine who is available to serve in the capacity of the Village Attorney. Vice Mayor Valinsky noted the Village hired Weiss Serota Helfman Cole + Bierman firm (“the firm”) as the Village Attorney. Vice Mayor Valinsky explained the firm, in turn, selected Sarah Johnston and Chanae Wood as the legal representatives to Miami Shores Village. Vice Mayor Valinsky clarified Village Attorney Wood has been serving as co-counsel and not as an Assistant Village Attorney since the Village engaged the firm. Councilmember Charles indicated given all the competing Village priorities that require legal expertise, he does not believe it is prudent to seek a new Village Attorney. Councilmember Charles further explained the importance of taking the time to assess. Councilmember Cantor echoed Vice Mayor Valinsky and Councilmember Charles’ comments and asked residents to extend their support to Village Attorney Wood. No action was taken. 10.D DISCUSSION AND POSSIBLE ACTION ON PROCEDURES FOR UPCOMING BUDGET DISCUSSIONS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided historical insight with respect to the manner in which previous Village Manager’s approached the budgetary process. Mayor Burch advocated for the current Village Manager to consider mirroring his approach to budget workshops to those conducted prior to his tenure where individual directors were asked to appear before Council and answer questions regarding their respective budget(s). Councilmember Charles, Councilmember Harris, and Vice Mayor Valinsky provided insight into the attention and detail offered by Village Manager Scott and his staff regarding the FY24 budget, including hosting a pre-budget workshop for the first time in Village history. Mayor Burch expressed opposition to the budgetary increases contained within the FY24 process. Councilmember Harris asked Mayor Burch to run his list of percentage increases by the Finance Director, through the Village Manager. No action was taken. 11) MANAGER'S REPORT 7 Prior to the Manager’s report, Councilmember Harris asked Council to consider donating $2000 to the Kennedy Kids Foundation. Councilmember Harris moved to donate $2,000 to the Kennedy Kids Foundation and Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. Village Manager addressed Mayor Burch’s comments regarding the budgetary process, outlining the feedback he sought from Council regarding the process and how they would like to see the Village funds allocated in the FY 24 budget. Village Manager Scott spoke about the employee composition of the Village Manager’s office, citing the cost savings leveraged by the Procurement Administrator, Donna Rockfeld. Village Manager Scott invited all Councilmembers to meet with him and his staff to discuss the budget on an individual basis. Village Manager Scott further provided an operational update, asking the Village Council to consider nominating an elected official to serve on the Independent External Auditing Services competitive solicitation evaluation committee. Vice Mayor Valinsky volunteered Councilmember Harris who subsequently accepted the nomination. Vice Mayor Valinsky moved to nominate Councilmember Harris to serve on the Independent External Auditing Services competitive solicitation evaluation committee and Councilmember Charles seconded the motion which carried a 5-0 voice vote. 12) ATTORNEY'S REPORT Village Attorney Wood provided an update, outlining the competing priorities relative to upcoming Village ordinances and resolutions which were detailed in a presentation to Council. Village Attorney W ood further apprised Council of the Form 6 litigation, which the firm recently filed two lawsuits on behalf of 26 municipalities, challenging the revised financial disclosure requirement affecting municipal elected officials. Consequently, Village Attorney W ood asked the Council whether there is a collective or individual interest in joining the lawsuit against Form 6 requirements. Village Attorney Wood indicated individual Councilmembers may retain the firm at a rate of $2,000 inclusive of all associated fees. The firm is also representing municipalities, inclusive of elected officials, who would like to join the injunction for a rate of $10,000 inclusive of all associated fees. Vice Mayor Valinsky moved to direct the Village Attorneys to draft a resolution, participating in a lawsuit seeking a declaration that the provisions of section 112.144(1)(d), Florida Statutes, which require municipal elected officials to file form 6 financial disclosure forms, is unconstitutional and invalid, and for said resolution to be brought forth for Council consideration. Vice Mayor Valinsky seconded the motion which carried a 5-0 voice vote. Discussion ensued regarding the cost-benefit to participating in the lawsuit on a collective basis. Upon conferring with the Village Manager and Village Attorney, Village Clerk Rodriguez proposed hosting the Rules of Order Special Meeting on March 12, 2024 or March 13, 2024. There was consensus from the Village Council to host the special meeting on March 12, 2024, beginning at 6PM. 13) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 14) VILLAGE COUNCIL COMMENTS 8 Councilmember Neil Cantor – Councilmember Cantor encouraged residents to reach out to him to discuss Village matters. Councilmember Jerome Charles – Councilmember Charles thanked the Charter Officers for attending the Council Retreat which received a 100 percent attendance by Councilmembers. Councilmember Sandra Harris – No comments. Vice Mayor Jesse Valinsky- No comments. Mayor Burch - No comments. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 10:22 PM.