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2024-11-05 Council Minutes1 MEETING MINUTES NOVEMBER 5, 2024 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:34PM. 2) MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3) ROLL CALL Present: Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Sandra Harris Councilmember Jerome Charles Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS There were no changes to the order of business. 5) BOARDS/COMMITTEES REPORT No Committee Reports. 6) MANAGER'S UPDATE No updates were provided by the Village Manager. 7) PUBLIC COMMENTS 2 Bob Williamson, a member of GEPB (General Employee Pension Board), provided clarification regarding the scenarios presented to Council by the Village Manager which were originally raised during the July GEPB meeting. Mr. Williamson stated that the Village Manager reached out to the Board regarding the inability to hire and retain employees because of the benefits of the pension plan were not competitive. The GEPB asked for options and the costs. He asserted not receiving the requested information on scenarios 5, 6 and 7 which would affect costs. Two specific concerns were raised at the meeting: First, there were no written analysis of the GEBP’s plan versus plans from competing municipalities provided and secondly, no written analysis of the current projected staffing patterns and how they may affect cost were provided. 8) CONSENT AGENDA 8.A APPROVAL OF THE SEPTEMBER 17, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Vice Mayor Valinsky moved to approve the consent agenda. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 8.B APPROVAL OF THE OCTOBER 15, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 8.C A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A STATEWIDE MUTUAL AID AGREEMENT BETWEEN THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND MIAMI SHORES VILLAGE, AUTHORIZING THE REQUEST, PROVISION, AND RECEIPT OF INTERJURISDICTIONAL MUTUAL ASSISTANCE IN ACCORDANCE WITH THE EMERGENCY MANAGEMENT ACT, CHAPTER 252, AMONG POLITICAL SUBDIVISIONS WITHIN THE STATE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: CHIEF OF POLICE). Passed on Consent. 8.D A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, TO RATIFY THE APPROVAL OF A TEMPORARY RECYCLING SERVICES AGREEMENT WITH WASTE MANAGEMENT INC OF FLORIDA FOR THE DISPOSAL OF RECYCLE MATERIAL AT A COST OF $140.00 PER TON OF RECYCLE MATERIAL (STAFF: PUBLIC WORKS DIRECTOR). Passed on Consent. 9) ORDINANCE(S) ON FIRST READING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 20, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE II., STREETS TO UPDATE REGULATIONS GOVERNING SIDEWALKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. 3 Village Manager Scott provided an overview of the item to clarify the existing ordinance pertaining to damages done to sidewalks and the responsibility as a Village. The ordinance in its current form, states that any damage done to sidewalks is not the responsibility of the Village but to the homeowner. Village Manager Scott asked for the language to be more specific. Councilmember Harris asked for the statement “natural elements such as tree roots” to be more clear. Village Attorney Wood asked Councilmember Harris for more clarity on the term “clear”. Councilmember Harris stated that the term does not clarify ownership. Councilmember Charles stated that the ordinance specifies that trees are Village owned property and thus, the tree roots apply. Village Attorney Wood, clarified that the example in the ordinance clearly stated what Village property is and also what the Village is responsible for. Village Attorney Wood agreed to amend the current language in the ordinance to include Village property including Village trees. Mayor Burch opened the floor to public comments. There were no public comments. Councilmember Charles proposed a friendly amendment to approve item 9.A. as amended to include language adding “Village property including Village trees”. Mayor Burch seconded the motion, which carried a 5-0 voice vote. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, ADOPTING A PROCLAMATION POLICY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY & VILLAGE CLERK). Village Clerk Rodriguez read the caption of the resolution into the record. Village Attorney Wood provided opening remarks, explaining the new proclamation policy providing additional guidance on who a proclamation is given to. Councilmember Harris cited section 3, line 77 of the resolution, as to the intent that individuals may bring forth a request for a resolution directly to the Clerk or the Mayor. She then asked for the language to reflect that an individual be sponsored by a Councilmember before submitting the request to the Village Clerk. Village Attorney Wood clarified the process of seeking a proclamation that the requestor would have a Councilmember to sponsor them, afterwards, the Councilmember would bring the request to the Village Clerk for approval. Vice Mayor Valinsky referenced Section 2.C., line 72, “if extraordinary circumstances or significant community interest warrant it, the Village Council, by a 3/5 majority vote, may grant an exception to the guidelines set forth in Section 1(B)”. Vice Mayor Valinsky added that he would like to see a 4/5 or super majority vote guideline implemented in place of a 3/5 majority vote. Mayor Burch opened the floor to public comments. There were no public comments. Councilmember Harris proposed a friendly amendment to approve item 10.A. as amended with the changes to the process of seeking a proclamation that the requestor would need a Councilmember to sponsor them, afterwards, the Councilmember would bring the request to the Village Clerk for approval and also, adding a super majority vote guideline. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION ON BOARD TERM LIMITS (SPONSORED BY: MAYOR GEORGE BURCH). 4 Mayor Burch provided opening remarks, asking Council to consider removing term limits for board members in hopes of preserving institutional knowledge. Mayor Burch stated that term limits came about because of committee stagnation and to allow the opportunity for new members to become appointed. Consequently, during this process, every two to four years, dedicated members with expertise are being cycled out of the Boards. Councilmember Charles asked for clarification regarding section J outlined in the Mayor's item. Mayor Burch stated that he would like to see the recommendations of the committees come to fruition instead of no actions being taken. Councilmember Charles voiced his opposition to the statement on item J that the Council is ignoring the Committees. In relation to term-limits, Councilmember Charles clarified the Council has the power to eliminate any board member with a super majority vote. Councilmember Charles also shared concern that the Mayor’s remarks on example J is not germane to term limits. Village Clerk Rodriguez read eComments into the record. No action was taken on this item. 11.B DISCUSSION AND POSSIBLE ACTION REGARDING THE 9900 BUILDING (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks asking for a follow up on the cost of renovating roof and air conditioning at the 9900 Building. Mayor Burch stated that four different groups, the Boy Scouts, the Historical Preservation Board, the Fine Arts Committee and a residents wanting a senior center have approached him asking if the building could be utilized for meeting space. Mayor Burch asked Village Manager Scott to provide an estimate to the Village Council regarding repairs to the HVAC and roof. Mayor Burch opened the floor to public comments. Nancy Dowson informed Council there are many professionals that can present best and highest use proposals for the 9900 Building. Councilmember Harris asked for clarification on section F. of Mayor Burch’s memorandum which mentions “residents who will vote against a sale”. Discussion ensued regarding the scope of requests for the LOI (Letter of Interest) that was assigned to Village Manager Scott. Councilmember Charles clarified the comment that the 9900 Building was not for sale. He explained that it was up to the voters if the building be would sold. Councilmember Harris mentioned that the items listed were not revenue generating and Council should wait upon receipt of the LOI’s before proceeding further. Mayor Burch suggested to continue researching the cost of repairing the building for future use. Village Manager Scott indicated the approximate cost to repair the roof and HVAC is $400k. And an additional cost of $100K for recertification. A motion was moved by Mayor Burch to approve the item. The motion did not pass due to lack of a second. 5 11.C DISCUSSION AND POSSIBLE ACTION REGARDING BUILDING A NEW GOLF COURSE AND COUNTRY CLUB (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch provided opening remarks mentioning he wanted a consensus from the Council to go forward with a new golf course and Country Club. Mayor Burch also stated he wanted the residents to read the draft report from the National Golf Association and to be informed of the direction that is being explored. Mayor Burch also explained that this is a revenue bond, as the revenue from the golf course will pay for the bond and will not need go to a general vote. Discussion and questions ensued regarding why the Mayor presented a draft record before the Council had an opportunity to receive and review the document with the Village Manager. Individual Councilmembers expressed support for a new MSCC (Miami Shores Country Club). Mayor Burch opened the floor to public comments. Michael Loffredo expressed support for a new MSCC and suggested to research the North Palm Beach Country Club for revenue generating ideas, specifically in the food and beverage operations. Bill Griffith indicated the Country Club Advisory Board is open to advising the Council on the renovation of a new MSCC. Mr. Griffith was also in agreement with Mr. Loffredo regarding the possibility of visiting the North Palm Beach Country Club for ideas to improve the Miami Shores Country Club. Councilmember Cantor agreed with Mr. Griffith that researching other municipalities for ideas will assist Council is making the best decisions. Village Manager Scott asked for direction to schedule a joint meeting/workshop with the Council, PCM (Professional Course Management), engineers and CCAB (Country Club Advisory Board) to discuss the draft proposal presented by NGF Consulting. Based on the feedback discussed at said workshop, a draft would be revised and a final version presented to the Village Council for consideration. Village Manager Scott also queried the impact of the South Florida Water Management District’s plan. Village Attorney Wood advise Mayor Burch to refrain from discussing the issues with the South Florida Water Management in relation to placing a pumping station on the Miami Shores Country Club’s golf course. Councilmember Harris moved to direct the Village Manager and Village Clerk, to schedule a joint workshops with Council and CCAB to discuss the draft proposal presented by NGF Consulting. Councilmember Charles seconded the motion which carried a 5-0 voice vote. 11.D DISCUSSION AND POSSIBLE ACTION REGARDING THE ACQUATIC CENTER (SPONSORED BY: COUNCILMEMBER NEIL CANTOR). Councilmember Cantor provided opening remarks, asking council to consider opening the aquatic facility to the Village of Biscayne Park residents. 6 Vice Mayor Valinsky spoke in favor of economic vitality of the aquatic facility. Councilmember Harris indicated the aquatic facility is an amenity for members only. She further noted other municipalities have asked the Village to extend an invitation for said use. Mayor Burch asked of Parks and Recreation Director, Angela Dorney if opening the aquatic center to the public was a feasible idea. Parks and Recreation Center Director Angela Dorney clarified the Village currently allows non-residents to use the facility for a fee, with the exception of open swim. Councilmember Cantor stated he's open to further exploring the proposal. He added exploring the option of a yearly contribution or fee for non-residents during slow periods. Mayor Burch stated he would be in favor of the Village making revenue on the days that do not affect the Village residents. Councilmember Charles noted the importance of maintaining open communications with Biscayne Park and El Portal. He also added that looking towards the future, he feels said municipalities should work together in shared resources for these limited budgets and revenues that are received. Councilmember Harris recommended opening the aquatic center to the general public instead of specific communities if the goal is to increase revenue. Mayor Burch and Councilmember Cantor were in agreement that this issue should be brought back to Council at a later date for further discussion regarding revenue. No action was taken. 12) MANAGER'S REPORT Village Manager Scott, in the spirit of the upcoming Veteran’s Day Holiday, thanked all of the veterans for their service to the country. 13) ATTORNEY'S REPORT No comments. 14) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 15) VILLAGE COUNCIL COMMENTS Mayor Burch- Mayor Burch spoke about the dead grass adjacent to the Bayfront Park seawall. He further displayed images of the state of the recreation field grass noting further effort is needed. Vice Mayor Valinsky- Vice Mayor Valinsky spoke about recycling and thanked residents for their efforts to improve recycling. Village Manager Scott- Village Manager Scott echoed Vice Mayor Valinsky’s remarks regarding the great efforts to recycling in the Village and added that the Village has a non-contamination rate. 7 Councilmember Cantor- Councilmember Cantor raised concerns regarding the facade of Village Hall, noting more effort needs to go into maintaining a pristine facility. He further asked Council to consider directing the Village Manager to invest additional funds to address such matter. Councilmember Charles- Councilmember Charles requested a CR (Community Residential) District update. Deputy Village Manager Gunn reported the Planning and Zoning Board Special Meeting will meet on November 18, 2024 at 6:00 PM at the 9900 Building to discuss the CR District, hoping the board will provide recommendations for Council review in the form of an ordinance. Councilmember Harris- Councilmember Harris spoke about proclamations and asked Village Attorney Wood why resolutions are not included in the proclamation policy. Village Attorney Wood stated that a resolution would have to be specifically defined and also stated if she would need to add the same parameters on resolutions governing socio-political matters that Council grant her the direction to do so. Also, she clarified that a resolution will not be able to come from the public unless it is sponsored by a councilmember. Village Clerk Rodriguez further clarified the differences between resolutions, proclamations and certificates of recognition. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:09 PM.