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2024-01-16 Minutes1 MEETING MINUTES JANUARY 16, 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 Jerome Charles Councilmember Sandra Harris 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 Mayor Burch deferred Items 9E, 9I, and 9M. There was a request to move Item 5B before Item 5A. Mayor Burch requested the addition of a presentation from the Doctors Charter School Executive Director. Village Manager Scott requested the addition of an item, recognizing the long-term service and retirement of Commander Kerry Turner. Councilmember Charles noted one of the proposed dates for his agenda item should reflect February 17, 2024. Vice Mayor Valinsky moved to approve the proposed changes to the agenda and Councilmember Harris seconded the motion which carried a unanimous vote. 2 5) PRESENTATIONS 5.A CONNECT TO PROTECT OVERVIEW - PRESENTED BY MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT DIRECTOR, ROY COLEY. Mr. Roy Coley, Miami-Dade County Water & Sewer Department (WASD) Director, presented a summary of the Connect to Protect Program and answered questions posed by the Village Council. Mr. Coley indicated Miami-Dade County has reserved its resources to address failing or compromised septic tank systems. Mr. Coley further noted special taxing districts are one of the most common ways municipalities have opted to fund public infrastructure. Mr. Coley indicated the County has been successful in leveraging grant funding. Mr. Coley further reported the Water Resources Development Act grant funding ($190,000,000) for sewer system expansion has been authorized by Congress. This grant requires a 25% match, requires community support, and significant planning. Mr. Coley expanded on the $1.73 million federal appropriation requested by Congresswoman Federica Wilson to build a new pump station and tie it into WASD system. Mr. Coley indicated the next steps consists of the Village identifying pump station site, WASD then completes application to receive EPA grant agreement, followed by design, permitting, procurement, and construction (2-3 years). Vice Mayor Valinsky asked about the 25% match associated with the $190 million grant. Mr. Coley explained the 25% match has not been identified by the County. In turn, the County has asked State representatives to assist with leveraging dollars for said match. Responding to Vice Mayor Valinsky’s inquiry as to whether the Village is in the priority area, Mr. Coley responded in the affirmative. Mayor Burch noted the most vulnerable areas in the Village and asked Mr. Coley whether it is necessary to pursue a Sewer Master Plan given the identified areas which are most vulnerable. Mr. Coley indicated the funding agencies appreciate plans and studies which demonstrate priority areas and it places municipalities in a better position in terms of receiving funding. However, the plan does not impede the County and the Village from working together while the municipality is undergoing the master plan process. Responding to Mayor Burch’s inquiry, Mr. Coley indicated there are laws which require properties that are within a certain distance to the sewer system to connect. A notice is sent to said properties. Lakeisha Morris-Moreau, Village grant writer, provided insight into the complexities of grant funding and planning, elucidating the importance of the sewer master plan and vulnerability study to assist in leveraging dollars for the septic to sewer conversion project. No action was taken. 5.B MIAMI-DADE COUNTY'S BISCAYNE CANAL ADAPTATION ACTION AREA AND FLOOD RESILIENCE PLANNING - PRESENTED BY MIAMI-DADE COUNTY CHIEF RESILIENCE OFFICER, JAMES F. MURLEY. Mr. Christian Kamrath, Adaption Resilience Program Manager, delivered a presentation and answered questions posed by the Village Council. Mr. Scott indicated Public Works is in communication with Miami-Dade County. Mr. Scott further stated Ms. Lakeisha Morris-Moreau is in attendance for the purpose of presenting information on grant opportunities. 3 6) BOARDS/COMMITTEES REPORT Dr. Hobbs, Doctors Charter School Executive Director, delivered a presentation regarding Doctors Charter School and answered questions posed by the Village Council. Mr. Scott announced the retirement of Commander Kerry Turner who has served the Miami Shores Police Department for thirty years. Individual Councilmembers thanked Commander Turner for his 30-year service to Miami Shores Village. 7) PUBLIC COMMENTS Dana Vignale thanked Village Clerk Rodriguez and Village Manager Scott for their professionalism and dedication to Miami Shores Village. William Steel spoke about the NE 105th Street gate access and asked Council to consider opening the access to allow neighboring residents with disabilities and strollers to pass through. Mr. Steel presented photos to the Village Council. Toni McCormick lauded Ms. Janet Goodman for helping Village residents stay informed. Ms. McCormick spoke about Surfside and Live Local Act and asked Council to not limit public participation. Hailey Prieto, Deputy Director for Virtutem Populo (501c3 organization), spoke about the student-led organization’s mission to improve community and civic engagement in students. She asked Council to consider hosting a high school student to serve as Mayor for the day. Ms. Prieto indicated the organization will work with the Village should it choose to participate. Maria McGuiness spoke about the lack of information associated with agenda items, asking Council to consider including a cover memo describing the intent of the item. 8) CONSENT AGENDA The Village Council entertained a brief recess at 8:08 PM and resumed the meeting at 8:18PM. Mayor Burch and Councilmember Harris pulled Item 8B for discussion. Councilmember Harris moved to approve the Consent Agenda as amended and Vice Mayor Valinsky seconded the motion which carried a 4-0 voice vote. 8.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR MIAMI SHORES POLICING AND ENGAGEMENT AND EXECUTE ANY AND ALL SUBSEQUENT AGREEMENTS OR DOCUMENTS, SUBJECT TO THE VILLAGE ATTORNEY?S APPROVAL AS TO FORM; PROVIDING CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: POLICE CHIEF) Passed on consent. 4 8.B RATIFICATION OF THE FRATERNAL ORDER OF POLICE (FOP) CONTRACT. (STAFF: VILLAGE MANAGER). Mr. Scott introduced Ms. Hugdahl, Finance Director, and Mr. Joshua Koop, FOP President, in the event Council has any questions or concerns. Councilmember Harris expressed interest in understanding the cost implication of the agreement, specifically as it relates to the 13 steps. Mayor Burch indicated the former Village Manager conducted executive sessions with Council to discuss the collective bargaining negotiation outcome. Mayor Burch expressed concern regarding the proposed salary increases contained within the agreement. Mr. Scott clarified the intent was not to bypass Council. In his experience, executive sessions with the Council are called in the event of an impasse. Mayor Burch expressed interest in knowing where is the Village is compared to other neighboring municipalities. Mr. Koop, chief negotiator, explained the structure of the salary increase detailed in the agreement. Mr. Koop reported the previous contract revealed the salaries were compressed, as junior officers were affecting the numbers. The remedy was reducing the percentage from 5% to 3% by expanding the cost throughout thirteen years. The proposed change incentivizes employee longevity. With respect to comparisons of other police department, the findings revealed the Village’s longevity plan is not as competitive as other municipalities. Ms. Hugdahl provided insight into the cost implication, clarifying annual salary increases were reduced from 8-9% to 7% for the first eight years. There’s a 9% increase between step 1 and step 2. Ms. Hugdahl explained there’s a $32,000 increase when comparing the previous contract and the proposed contract. Mr. Scott asked Council to defer the item to the next meeting given the questions and concerns. In the interim, Mr. Scott proposed meeting with individual members of the Village Council to explain the proposed changes in detail. Councilmember Harris moved to defer the item to the next Council Meeting and Vice Mayor Valinsky seconded the motion which carried a 4-0 voice vote. 8.C APPROVAL OF THE DECEMBER 5, 2023 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on consent. 8.D A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE RANKING AND AUTHORIZE THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH AS THE TOP RANKED PROPOSER, KIMLEY-HORN AND ASSOCIATES, INC. AND IF NEGOTIATIONS PROVE UNSUCCESSFUL, THEN TO NEGOTIATE WITH CHEN MOORE AND ASSOCIATES, INC. AS THE SECOND-RANKED PROPOSER.TO EXECUTE AN AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC., PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-09-02 SEPTIC TO SEWER CONVERSION MASTER PLANNING SERVICES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PUBLIC WORKS DIRECTOR). Passed on consent. 8.E A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE APPROVING AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO ENTER INTO 5 AGREEMENT WITH ARMOR COURTS, INC. FOR THE RENOVATION AND RESURFACING OF TENNIS AND PICKLE BALL COURTS, IN AN AMOUNT NOT TO EXCEED $46,657.50 (STAFF: PARKS DIRECTOR). Passed on consent. 8.F A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE AWARD OF INVITATION TO BID NO. 2023-07-02 MULTIMODAL MOBILITY 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 $876,235.45; 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). Passed on consent. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION REGARDING VACANT COUNCILMEMBER SEAT (SPONSORED BY: COUNCILMEMBER SANDRA HARRIS). Councilmember Harris introduced the item, announcing former Councilmember Marinberg’s resignation which has prompted the Village Council’s selection of a new Councilmember. Councilmember Harris asked Council to consider the method of appointment, the timeline of the application process, appointment date, and the preferred voting method to provide staff with direction. Responding to the Village Council’s inquiry regarding the appointment date, Village Clerk Rodriguez indicated the earliest the appointment may take place is February 6, 2024. Discussion ensued and there was consensus to pursue the application process with a deadline date of January 26, 2024 and an appointment date of February 6, 2024. Vice Mayor Valinsky asked the Village Clerk to include language referencing new financial disclosure requirements affecting elected and appointed members of a legislative body. Discussion ensued regarding the voting method. Village Clerk Rodriguez provided historical context regarding the last Council appointment process, noting previous Councilmembers did not care for the ranking method due to the unintended confusion it caused. There was consensus to pursue a paper ballot method, whereby individual Councilmembers select one candidate. In the event an applicant fails to receive majority vote, the Council will enter up to three (3) rounds of voting. The alternative method consists of verbally nominating one applicant until consensus has been achieved. No further action was taken. 9.B DISCUSSION AND POSSIBLE ACTION REGARDING A COUNCIL AND CHARTER OFFICERS RETREAT WITH A PROPOSED DATE OF EITHER FEBRUARY 10TH OR 17TH, 2024 (COUNCILMEMBER JEROME CHARLES). 6 Councilmember Jerome Charles provided opening remarks, referencing the facilitator’s profile, retreat design, and asking the Village Council to consider hosting the retreat on February 10th or February 17th. Discussion ensued regarding the proposed dates. Village Clerk Rodriguez stated she is not available on February 10. Councilmember Charles moved to host the Council Retreat on February 17, 2024 and Councilmember Harris seconded the motion which carried a 4-0 voice vote. No further action was taken. 9.C DISCUSSION AND POSSIBLE ACTION REGARDING THE RULES OF ORDER (STAFF: VILLAGE ATTORNEY). Village Attorney Johnston provided an overview of the supporting documentation, outlining the proposed method of discussion and alternatives. Vice Mayor Valinsky advocated for a special meeting on the Rules of Order given the breath of information. Councilmember Charles recommended for Councilmembers to bring the draft rules of order document to the retreat as certain topics discussed at the retreat will intersect. There was consensus to have brief discussion at the retreat and to direct staff to schedule a special meeting for the Council to engage in a comprehensive discussion regarding the rules of order once the vacant Councilmember seat has been filled. No further action was taken. 9.D DISCUSSION AND POSSIBLE ACTION ON SENATE BILL 280 AFFECTING VACATION RENTALS (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided introductory remarks regarding the legislation affecting the Village’s vacation rental ordinance. Mayor Burch asked Council to consider taking a formal position on the matter and sending letters to legislative representatives. Vice Mayor Valinsky asked to hear from Village lobbyists regarding the matter. Village Attorney Johnston explained an alternative way of informing the Florida legislature of the Village’s position on short-term vacation rentals is to direct the Village Attorneys to draft a resolution expressing the Village’s viewpoint. Mayor Burch opened public comments. Maria McGuiness spoke about Council forgetting to open item-specific public comments. Ms. McGuiness further spoke about the importance of defending ordinances affected by the legislature. Mayor Burch noted the urgency of the matter given the time sensitive nature of the legislative session. No action was taken. 9.E DISCUSSION AND POSSIBLE ACTION REGARDING COMPLIANCE WITH SENATE BILL 170 (SPONSORED BY: MAYOR GEORGE BURCH). 7 This item was deferred. 9.F DISCUSSION AND POSSIBLE ACTION REGARDING SOVEREIGN IMMUNITY (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred. 9.G DISCUSSION AND POSSIBLE ACTION ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks, outlining the details of the grant program. Mayor Burch explained though the Village is not eligible for grant funding, County Mayor Levine-Cava has asked the Village to express support of the program by opting in to assist other areas within Miami-Dade County that are eligible. Councilmember Harris moved to authorize Mayor Burch to opt into the Miami-Dade County CDBG program on behalf of the Village and Vice Mayor Valinsky seconded the motion which carried a 4-0 voice vote. No further action was taken. 9.H DISCUSSION AND POSSIBLE ACTION ON MOVING VILLAGE COUNCIL MEETINGS TO VILLAGE HALL COUNCIL CHAMBERS (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred. 9.I DISCUSSION AND POSSIBLE ACTION ON BAYFRONT PARK SEAWALL (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred. 9.J DISCUSSION AND POSSIBLE ACTION ON FUNDING FOR MIAMI SHORES COUNTRY CLUB AND DOCTORS CHARTER SCHOOL (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch opened public comments. Dana Vignale spoke about Doctors Charter School, raising concerns regarding the number of Miami Shores residents who attend the school, and the need for improved student achievement improvements. Ms. Vignale spoke in opposition to the Village providing funding. Mayor Burch deferred the item. 9.K DISCUSSION AND POSSIBLE ACTION REGARDING MULCHING FACILITY ON PUBLIC WORKS LAND PROPOSAL (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred 8 9.L DISCUSSION AND POSSIBLE ACTION REGARDING NE CORRIDOR AND LIVE LOCAL ACT (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred. 9.M DISCUSSION AND POSSIBLE ACTION REGARDING THE ORDER OF CODE REQUIREMENTS AFFECTING BARRY UNIVERSITY (SPONSORED BY: MAYOR GEORGE BURCH). This item was deferred. 9.N DISCUSSION AND POSSIBLE ACTION ON NORTH BAY VILLAGE'S REQUEST FOR PUBLIC WORKS OPERATIONS STAGING (BY: NORTH BAY VILLAGE ADMINISTRATION) North Bay Village (NBV) Mayor Brent Latham introduced Village Manager Ralph Rosado, and Public Works Director and provided opening remarks, asking Council to consider entering into an agreement with NBV to move its public works department to the unused portions of the Miami Shores Public Works property due to limited space in NBV. Mayor Latham asked the Village Council to consider directing the Village Manager to engage in discussions with NBV regarding potential terms for an agreement and for said terms to be brought forth for Council consideration. Village Manager Rosado delivered a PowerPoint presentation, outlining the specific facilities and needs of NBV. Mr. Rosado specified approximately one acre is needed. Vice Mayor Valinsky inquired into impending litigation regarding the proposed NBV community center. Councilmember Harris spoke about the unintended consequences to the neighborhood surrounding the public works compound. Mayor Latham offered to meet with the neighboring residents to discuss community impacts, if any, and the needs of the community. Vice Mayor Valinsky raised concerns regarding the revenue the proposal would generate, and infrastructure improvements that may impact service delivery of the Miami Shores Public Works Department. Councilmember Charles moved to direct the Village Manager to look into the proposed agreement terms and for a draft document to be brought forth for Council consideration and Mayor Burch seconded the motion which carried a 3-1 voice vote. Councilmember Harris voted in opposition. No further action was taken. 10) MANAGER'S REPORT Village Manager Scott provided operational updates and answered questions posed by the Village Council. 11) ATTORNEY'S REPORT No comments. 12) ANNOUNCEMENTS No comments. 9 13) VILLAGE COUNCIL COMMENTS No comments. 14) ADJOURNMENT There being no further before the Village Council, the meeting adjourned at 10:10 PM.