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2024-09-17 Minutes MEETING MINUTES SEPTEMBER 17, 2024 6:30PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:30 PM. 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 Councilmember Harris proposed postponing Item 11.C to a later date, as she hadn't had the chance to thoroughly grasp the details or have all her questions addressed. The motion failed with a lack of a second. The order of business remained unchanged. 5) PRESENTATIONS 5.A PROCLAMATION IN HONOR OF MIAMI SHORES ELEMENTARY SCHOOL RECEIVING AN “A” RATING (SPONSORED BY: MAYOR GEORGE BURCH) Mayor Burch presented the proclamation in honor of Miami Shores Elementary School receiving an “A” rating, highlighting that it was the first time in over a decade. Vice Mayor Valinsky read the proclamation and Principal Daniel Diaz received the proclamation. Village Clerk Rodriguez read the eComments into the record. Julio Martinez stated that a new elementary school building was needed. Kate Mason expressed gratitude to the Village for acknowledging the school and its principal, Mr. Daniel Diaz. Tim Duerkop thanked the Council and the Mayor. Dana Vignale stepped to the podium to thank the principal (Mr. Daniel Diaz) for his leadership and the Council’s continued support for the school. Antonio Netto expressed his gratitude to the Village for its ongoing support over the years and thanked Mr. Diaz for his dedication to the school. He also recognized Sarah for her contributions to the PTA. Sarah Vaughn, a Miami Shores business owner, discussed her work on the PTA, congratulated Mr. Diaz and the school, and thanked the Council. 5.B UPDATE ON MIAMI SHORES GOLF COURSE AND CLUBHOUSE (PRESENTED BY: ED GETHERALL, DIRECTOR OF CONSULTING SERVICES, NATIONAL GOLF FOUNDATION, AND REPRESENTATIVES OF PROFESSIONAL COURSE MANAGEMENT.) Village Manager Scott reported that Village had engaged the National Golf Foundation to assess the operation of the Miami Shores Golf Course and Clubhouse, noting the need for guidance on how to proceed. Mr. Scott mentioned an upcoming project from the South Florida Water Management District that had been delayed, raising the question of whether they should wait for clarity on the District's plans or move forward with a consultant who was ready. Mayor Burch explained that the South Florida Water Management District initially proposed a pumping station at the salinity dam, which was part of their responsibility to manage water levels before hurricanes. He outlined the options, including his recommendation to hire a land use attorney to help plan the already-initiated golf course renovation. Councilmember Charles expressed his belief that they should proceed with the renovation plans while also collaborating with the South Florida Water Management District. Councilmember Harris suggested working with elected officials to gather better data and emphasized her desire to understand the District’s timeline. Village Manager Scott noted that the South Florida Water Management District had provided materials regarding previous discussions. Councilmember Harris inquired about the property where the pumps would be installed. Village Manager Scott clarified that, aside from the 15-foot easements, the property belonged to Miami Shores. Village Attorney Wood indicated that the matter would be referred to a specialized attorney. Vice Mayor Valinsky expressed support for moving forward with the renovation plans and obtaining legal guidance. Councilmember Cantor highlighted the need for Miami Shores to proceed, as there was already a plan in place. Councilmember Harris stated she was supportive of the project and its design but wanted to ensure that everything was executed properly and with sufficient legal advice. Councilmember Charles mentioned the importance of addressing irrigation, tree management, and the golf course renovation. He noted that potential bidders in the future would be interested in a well-maintained course. Village Attorney Wood reminded everyone that the plans proposed by the South Florida Water Management District were still conceptual. By way of consensus, the Village Council agreed to proceed with the plans and seek legal counsel. 6) BOARDS/COMMITTEES REPORT Clarisa Rodriguez, Fine Arts Commission Chairperson, provided updates on fall and spring events and welcomed the Council to all events and meetings. She discussed what could be done with the 9900 building, including for programming and to potentially generate profit. 7) MANAGER’S UPDATE There were no updates from the Village Manager. 8) PUBLIC COMMENTS Sandra Carr of the Recreation Advisory Committee asked Council to consider her reappointment to said committee. Juliana Bimbadi, residing at 731 NE 95th ST, stepped to the podium to speak regarding her interest in being part of the Recreation Advisory Board, discussing that she could be a valuable contribution to the community. Johanna Rousseaux, residing at 1026 NE 91st Terrace, spoke via Zoom regarding her interest in being on the Fine Arts Commission, discussing opportunities to bring people together with arts. 9) CONSENT AGENDA Vice Mayor Valinsky moved to approve the consent agenda, and Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 9.A APPROVAL OF THE SEPTEMBER 3, 2024, VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 9.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI SHORES VILLAGE AND MIAMI-DADE COUNTY TO ALLOW THE VILLAGE, PURSUANT TO SECTION 8CC-11 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES, TO ENFORCE VARIOUS PROVISIONS OF THE COUNTY CODE AND ISSUE CIVIL VIOLATION NOTICES; AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE THE RENEWAL AND TERMINATION PROVISIONS CONTAINED THEREIN; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: CHIEF OF POLICE). Passed on Consent. 9.C A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE PURCHASE FROM STRYKER SALES CORP, D/B/A STRYKER MEDICAL, FOR AN AMOUNT NOT TO EXCEED $81,492.62 FOR FORTY-TWO (42) LIFEPAK C42 AUTOMATED EXTERNAL DEFIBRILLATORS (AED); AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A PURCHASE ORDER AND PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: CHIEF OF POLICE). Passed on Consent. 9.D A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI SHORES VILLAGE, BY AND THROUGH ITS POLICE DEPARTMENT, AND THE MIAMI DADE COUNTY STATE ATTORNEY’S OFFICE RELATING TO THE HUMAN TRAFFICKING TASK FORCE; AUTHORIZING THE VILLAGE MANAGER AND POLICE CHIEF TO EXECUTE THE AGREEMENT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: CHIEF OF POLICE). Passed on Consent. 10) VILLAGE BOARD APPOINTMENTS 10.A APPOINTMENT TO THE FINE ARTS COMMISSION (3 VACANCIES). Village Clerk Rodriguez provided a brief introduction, indicating seven individuals submitted paperwork for the three appointments to the Fine Arts Commission. The Council invited the applicants to step the lectern to introduce themselves. Peter Hosfeld stepped forward and introduced himself. There being no further discussion, the Councilmembers used ballots to vote on the appointments to the three vacancies of the Fine Arts Commission. FIRST ROUND BURCH CHARLES HARRIS CANTOR VALINSKY BETH BOONE X X X ANNE-CAMILLE HERSH X X X X PETER HOSFELD X X X X X ROSEMARY MAYBERRY MARK PARKER JOHANNA ROUSSEAUX X X X MICHELLE STONE Village Clerk Rodriguez indicated Beth Boone, Peter Hosfeld and Anne-Camille Hersh were appointed to the Fine Arts Commission. In reviewing the tabulation once more, Ms. Rodriguez noted Beth Boone, Anne Camille Hersh, Peter Hosfeld and Johanna Rousseaux all received majority vote. Therefore, the Council would have to enter a second round of voting to select between Beth Boone and Johanna Rousseaux since there are only three vacancies. The results were as follows: FIRST ROUND BURCH CHARLES HARRIS CANTOR VALINSKY BETH BOONE X X X ANNE-CAMILLE HERSH PETER HOSFELD ROSEMARY MAYBERRY MARK PARKER JOHANNA ROUSSEAUX X X MICHELLE STONE Village Clerk Rodriguez indicated Beth Boone was appointed to the Fine Arts Commission. 10.B APPOINTMENTS TO THE RECREATION ADVISORY COMMITTEE (4 VACANCIES). Village Clerk Rodriguez provided a brief introduction, indicating there were four applicants for the four vacancies. She also invited the applicants to step the lectern and introduce themselves. There being no further discussion, Councilmember Cantor moved to appoint the four applicants to the Recreation Advisory Committee, and Councilmember Charles seconded the motion, which carried a 5-0 voice vote. Juliana Bimbatti Botros, Sandra Carro, Jessica Pluhar and Brad Schmidt were appointed to serve on the Recreation Advisory Committee were appointed to serve on the Recreation Advisory Committee. 11) ORDINANCE(S) ON FIRST READING 11.A AN ORDINANCE OF THE MIAMI SHORES VILLAGE, FLORIDA, AMENDING THE VILLAGE’S CODE OF ORDINANCES BY AMENDING CHAPTER 6, “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE I, “IN GENERAL,” SECTION 6-4, “PERMITS-APPLICATION GENERALLY” TO UPDATE REGULATIONS TO CONFORM WITH THE FLORIDA BUILDING CODE REQUIREMENTS FOR PERMITTING AND REMOVE OBSOLETE PROVISIONS RELATED TO SOLAR PHOTOVOLTAIC SYSTEMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: BUILDING OFFICIAL) Village Clerk Rodriguez read the caption of the ordinance into the record. The Building Official, Ismael Naranjo, provided information on the ordinance, noting the proposed changes update existing regulations to conform with the Florida Building Code requirements for permitting. Mr. Naranjo further indicated the proposed amendments remove obsolete provisions related to photovoltaic systems. Mayor Burch opened the public hearing. Seeing no one approach the lectern, Mayor Burch closed the public hearing. Councilmember Charles moved to approve the ordinance on first reading, and Councilmember Cantor seconded the motion, which carried a 5-0 voice vote. 11.B AN ORDINANCE OF THE MIAMI SHORES VILLAGE, FLORIDA, COMPREHENSIVELY AMENDING THE VILLAGE CODE OF ORDINANCES BY CREATING CHATPER 1, “GENERAL PROVISIONS”, SECTION 16-2, “PUBLIC NOTICE: ADVERTISEMENT AND NOTICE BY PUBLICATION ON PUBLICLY ACCESSIBLE WEBSITES,” AND AMENDING CHAPTER 2, “ADMINISTRATION,” CHAPTER 11, “HISTORIC PRESERVATION,” AND CHAPTER 15, “OFFENSES,” ALL TO ALLOW PUBLICATION OF LEGALLY REQUIRED ADVERTISEMENTS AND NOTICES TO BE MADE IN ANY MANNER PERMITTED UNDER FLORIDAY LAW, INCLUDING THROUGH PUBLICLY ACCESSIBLE WEBSITES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICAITON; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECITVE DATE (STAFF: VILLAGE ATTORNEY). Village Clerk Rodriguez read the caption of the ordinance into the record. Village Attorney Wood provided further information on the ordinance. There would be at least two further steps to effectuate the ordinance applicable. The link to the county website would also have to be accessible on the Village’s website. Vice Mayor Valinksy stated that he appreciated the door hangers that were placed in the area for communication. Mayor Burch opened the public hearing. Seeing no one approach the lectern, Mayor Burch closed the public hearing. Councilmember Charles moved to approve the ordinance on first reading, and Councilmember Cantor seconded the motion, which carried a 5-0 voice vote. 11.C AN ORDINANCE OF THE MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 18, PERSONNEL, ARTICLE III, GENERAL EMPLOYEES PENSION PLAN, AMENDING SECTION 18-38, DEFINITIONS: AMENDING SECTION 18-43, MEMBERSHIP; AMENDING SECTION 18- 45; CREDITABLE SERVICE; AMENDING SECTION 18-46, SERVICE RETIREMENT ANNUITY; AMENDING SECTION 18-51, VESTING; AMENDING SECTION 18-63, DEFERRED RETIREMENT OPTOIN PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: HUMAN RESOURCES DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Village Manager Scott explained that the General Employee Pension Board (GEPB) had been consulted and approved the formation of a subcommittee comprised of Village employees to review and provide recommendations regarding current pension benefit options affecting the general employee pension plan. Mr. Scott noted to help with employee retention and recruitment, at the Pension Board meeting of April 30, 2024, the subcommittee provided an update on some recommended changes that may be considered. These changes were as follows: 1. An opt out of the pension plan for Charter Officers, Executive Management and Directors 2. A change in the vesting period from 10 years to 8 years 3. Each General Employee becomes a member of the plan effective immediately upon hire with contributions commencing with the first pay period, eliminating a one year waiting period 4. Allowing employees who are vested and terminate employment with the Village before reaching 30 years of credited service to begin collecting their accrued benefit on the date they would have attained the 30 years of service 5. Extending the employee DROP from 5 years to 8 years 6. A request for a change in the 2% multiplier was also proposed (This is not being considered at this time). Yamileth Slate-McCloud, Human Resources Director, then provided details about the proposed ordinance amendments, noting it addressed five of the six recommended items. These included options 1-5. Mayor Burch opened the public hearing, and with no public comments, he closed it. Councilmember Harris asked about the long-term costs of the proposed changes and expressed concern about rushing the decision, especially since it would be retroactive to October 1, 2023. Councilmember Harris stated she had no issues with the vesting period or immediate participation but requested an example of the separation of an employee before 30 years of service. The Human Resources Director explained that if an employee separated from the Village after eight years, they could collect benefits after 22 additional years of service, though not the full amount contributed. Councilmember Harris noted that she did not see how the proposed changes would improve retention. Councilmember Charles remarked that pensions do not typically attract workers and commented on the evolving nature of retirement benefits over the years. Adam Levinson, legal counsel for the Village’s Pension Boards, mentioned that adjustments could always be made in the future. He explained that the service-related changes would allow employees to receive the benefits they earned and suggested that an actuary be present at the second reading for further clarification. Mayor Burch expressed a desire to table the item, noting that the GEPB had not approved some of the items presented to Council. He emphasized that the projected first-year cost of $43,000 was unrelated to those items and only concerned items 1, 2, 3, 4, and 8, which he believes the Pension Board supported. He suggested further evaluation of the remaining items and questioned why comparisons with similarly sized cities had not been made. Human Resources Director Slate-McCloud clarified that a survey had been sent to all relevant entities in the state, and only a summary of the responses had been provided. Councilmember Harris expressed that many employees were dissatisfied with their workload, noting the proposed changes would not address said underlying issue. Councilmember Cantor moved to defer the item and Mayor Burch seconded the motion which carried a 5-0 voice vote. 12) RESOLUTIONS 12.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, DESIGNATING 565 GRAND CONCOURSE AS A VILLAGE HISTORIC LANDMARK; PROVIDING FOR INSTRUCTIONS UPON APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PLANNING AND ZONING DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Village Clerk Rodriguez reported that a member of the Historic Preservation asked for the item to be deferred because the property owner was unable to attend due to medical reasons, but they would like to be part of the presentation of the property. Mayor Burch opened the floor to public comments. The Councilmembers discussed that it was not necessary for the property owner to be in attendance, although it would be a courtesy. Councilmembers Charles and Cantor spoke in support of the designation; however, expressed reservations about proceeding with approval of the resolution without the benefit of hearing from the property owner. Councilmember Harris moved approval of the resolution, and Mayor Burch seconded the motion, which carried a 3-2 voice vote. Councilmembers Charles and Cantor voted in opposition. 12.B A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING A FLORDIA LOCAL AGENCY PROGRAM (“LAP”) AGREEMENT FM# 447970- 1-58-01/68-01 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), PROVIDING FOR REIMBURSEMENT TO THE VILLAGE IN AN AMOUNT NOT TO EXCEED $456,680 FOR THE CONSTRUCTION AND CONSTRUCTION AND ENGINEERING INSPECTION (CEI) SERVICES REQUIRED FOR FLAGLER TRAIL ON CLUB DRIVE, BETWEEN NE 91ST STREET AND NE 100TH STREET; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR) Village Clerk Rodriguez read the caption of the resolution into the record. Village Manager Scott provided an overview, recommending approval of the resolution, which would allow staff to move forward with the grant, construction, and reimbursement process. Councilmember Cantor expressed concern that there was no guarantee other municipalities would participate, but noted the project could enhance mobility in the area. Mayor Burch presented photos of the site and discussed potential impacts on residents. He suggested tabling the item, as all the residents he had spoken with opposed the trail's construction. He also expressed his concerns about the trail and urged fellow council members to engage with residents. Councilmember Harris emphasized the importance of sharing design plans with residents to ensure they had all the necessary information. Councilmember Charles countered that the trail was not merely a "trail to nowhere," but part of the broader mobility study, and pointed out that parking was available at the Country Club. Vice Mayor Valinsky voiced his support for the trail. Village Clerk Rodriguez read the eComment into the record. Councilmember Cantor moved approval of the resolution, and Councilmember Charles seconded the motion, which carried a 4-1 voice vote. Mayor Burch voted in opposition. 12.C A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE APPROVING THE AWARD OF INVITATION TO BID NO. 2024-04-01 MIAMI SHORES VILLAGE SHORE ESTATES SEPTIC TO SEWER PROJECT; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER BASILE, USA LLC., AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NOT TO EXCEED $2,998,568.02 (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Village Manager Scott provided an overview, recommending approval of the resolution. Mr. Scott noted there was one bidder, and the grant being sought was for $2 million due to a $800,000 shortfall. Mayor Burch opened the floor for public comments, however, no one present offered comments. Village Clerk Rodriguez read the eComment into the record. Vice Mayor Valinsky discussed that it was great that there was a chance to get funding since the last time it was discussed, Miami Shores Village would have to cover 50% of the cost with residents covering the other half. Councilmember Cantor discussed that a successful initiative for the project was needed. Councilmember Harris agreed that it was a priority and cautioned against waiting for grants since the cost was going up. Mayor Burch raised concerns about whether additional funds would be needed for more urgent matters and asked if all taxpayers in Miami Shores would be contributing. Vice Mayor Valinsky explained that the original agreement with the residents had not changed. However, if the grant were awarded, the situation would be different. He expressed his support for moving forward regardless, noting that if the grant were received, there would be an obligation to seek grants for future projects as well. Councilmember Harris clarified that the residents who directly benefited from the project should be responsible for paying. It was also noted that the total project cost had increased, which meant the 50% share paid by both the residents and the Village had risen accordingly. Councilmember Harris moved approval of the resolution, and Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 13) MANAGER’S REPORT Village Manager Scott provided operational updates and answered questions posed by the Village Council. 14) ATTORNEY'S REPORT There was no attorney’s report. 15) ANNOUNCEMENTS There were no announcements. 16) VILLAGE COUNCIL COMMENTS Councilmember Jerome Charles- Councilmember Charles thanked the staff and the Planning and Zoning Board for the public workshop regarding the Community Residential (CR) District. Councilmember Neil Cantor- No comments. Councilmember Sandra Harris - No comments. Vice Mayor Jesse Valinsky- No comments. Mayor George Burch- No comments. 17) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:12 PM.