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2024-11-19 Minutes1 MEETING MINUTES NOVEMBER 19, 2024 6:30 PM COUNCIL CHAMBERS 1)CALL TO ORDER Mayor Burch called the meeting to order at 6:32 PM. 2)MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3)ROLL CALL Present: Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Rodriguez 4)ORDER OF BUSINESS Village Manager Scott deferred item 5.B. until the next meeting on December 3, 2024, as Councilmember Harris requested additional information. Councilmember Harris moved to pull item 11.E. from the discussion items. Councilmember Charles seconded the motion which carried a 4-1 voice vote, with Vice Mayor Valinsky voting in opposition. 2 5)PRESENTATIONS 5. A PRESENTATION ON CURRENT ACTIVITIES REGARDING UNDERGROUND POWER LINE CONVERSION IN MIAMI SHORES VILLAGE (BY: FLORIDA POWER & LIGHT). Village Manager Scott introduced FP&L representatives to present an underground power line project to the Village Council. Addys Kuryla from FP&L provided an overview, followed by project manager Javier Prado, who detailed the hardening program, the Storm Secure Underground Program (SSUP), and its benefits, including reduced vegetation-related outages. Mr. Prado shared progress updates, noting 505 Miami Shores Village customers already converted to underground lines and plans for 304 more within two years. He explained the process, including easement agreements, permitting, and the less invasive boring method for installation. The SSUP program is included in customers' bills at no extra cost. During the Q&A, Councilmembers raised concerns about transformer placement, communication with residents, and property easements. FP&L clarified that easements remain resident-owned and detailed measures like fence notch-outs for access. Concerns about third-party vendor behavior and safety in dark alleys were also discussed. The Village Manager proposed a community meeting to enhance resident engagement and transparency. Responding to Councilmember inquiries, Mr. Prado replied the designs are created for accessibility to the FP&L trucks and that transformers are placed on private property within an easement. In the event the Village needs to perform an improvement project, relocating above ground equipment may be difficult. Some easements for public property, however, have already been obtained. Vice Mayor Valinsky asked if the 10x10 easement on the resident’s property designated for transformers were still the property of the resident or of FP&L. Mr. Prado replied that this section is used by FP&L for the placement of the transformer but the property is still owned by the homeowner. Mr. Prado also added that FP&L offers fence notch-outs which allows for access without having to disturb residents for access to the equipment. Vice Mayor Valinsky expressed concern over which homes would be receiving the transformers in their yards considering the size. Mr. Escudero replied that this is a design process that includes the length of the cable. Mayor Burch asked three questions of the team: What happens when the transformer boxes go under water. The team answered that the connections are designed to be watertight but they may need to be re-energized until the water recedes, the resident does have a year to decide if they want the transformer on their property and also, the 10-foot easement is only for access of FP&L to work on their equipment. Councilmember Cantor addressed two concerns: first, is there any engagement with the resident as to where the equipment will go on the property and secondly, it has been brought to his attention that installers or third party service workers have been indifferent to residents during their service calls. Mr. Perez stated that mailers are sent out to customers before any installations are done and placements are installed on the edges of the property. Mr. Perez also ensured that he would reach out to the third party vendor, MasTec, and address these incidents. Councilmember Charles also cited incidents with MasTec that adversely affected residents, particularly not marking the trench areas and closing access gates when work is completed. 3 Councilmember Harris directed a concern to the Village Manager regarding dark alleys. Vice Mayor Valinsky echoed this concern. It was discussed that an additional meeting with the Village Manager and FP&L id needed to address the above-referenced issues. The Village Manager suggested a community meeting to discuss the development of these projects to ensure the residents are well informed. No action was taken. 5.B PRESENTATION ON THE DOCTORS CHARTER SCHOOL AGREEMENT (STAFF: ASSISTANT TO THE VILLAGE MANAGER/GRANTS & SPECIAL PROJECTS MANAGER). This item was deferred. 5.C INTRODUCTION TO BOARDS AND COMMITTEES OVERVIEW (STAFF: VILLAGE CLERK). Village Clerk Rodriguez gave a detailed overview of all Miami Shores Village Boards and Committees, noting that this presentation serves as a prelude to three upcoming Village Council workshops for further discussion. Mayor Burch requested information on the functions of each board and committee, as well as the ordinances or resolutions governing their operations. Clerk Rodriguez assured the Council that a comprehensive packet containing this information would be prepared for review before the workshops. No action was taken. 5)MANAGER'S UPDATE Village Manager Scott provided clarification regarding discussions from the recent General Employee Pension Board (GEPB) meeting. In February 2024, he emphasized the need to evaluate pension benefits, leading to the formation of a subcommittee that proposed six potential improvements. Following a presentation of these suggestions, the GEPB approved a motion to analyze the proposals and assess their impact on the pension plan. A supplemental evaluation report was subsequently prepared, and an ordinance drafted by Adam Levinson, the pension plan attorney, was tabled by the Village Council due to requests for additional information. Although the plan administrator shared the ordinance with the pension board, it was not listed on the agenda. Village Manager Scott plans to bring the item back for a vote at the December Village Council meeting. Addressing his role as a GEPB trustee, Village Manager Scott proposed reconsidering the practice of the Village Manager serving as a trustee and Chair. He cited limitations imposed by Sunshine Law, which prevent discussing items with Councilmembers who serve on the same board, and the potential conflict of interest in advocating for matters that could benefit the Village Manager personally. He recommended the Council consider removing the Village Manager as Chair and suggested appointing a staff member, such as from Human Resources, as a replacement. In response to Mayor Burch’s question about the GEPB’s procedures for electing a Chair or Vice Chair, Village Clerk Rodriguez clarified that while the ordinance does not mandate the Village Manager to preside over the board, it has historically been the practice. 4 6)PUBLIC COMMENTS Janet Goodman thanked the Council for the topic of a septic to sewer conversion in hopes this will come to fruition. Manny Hadad provided comments on Item 11A, stating that he is in favor of amending the ordinance, noting his family has been victims of unleashed dogs. 8)APPROVAL OF THE MINUTES 8.A APPROVAL OF THE NOVEMBER 5, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Vice Mayor Valinsky moved to approve the meeting minutes from November 5, 2024. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 9)ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 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 a caption of the ordinance into the record. Mayor Burch opened the floor to public comments. There were no public comments. Councilmember Cantor moved to approve item 9.A. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE,FLORIDA APPROPRIATING $1,000,000 FROM THE CONTINGENCY LINE ITEM IN THE FISCAL YEAR 2023-2024 BUDGET TO THE COMMITTED GENERAL FUND BALANCE FOR THE PURPOSE OF PROVIDING FUNDING FOR FUTURE SEPTIC TO SEWER CONVERSION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: FINANCE DIRECTOR). Village Clerk Rodriguez read a caption of the resolution into the record. Mayor Burch opened the floor to public comments. There were no public comments. Councilmember Cantor moved to approve item 10.A. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 5 10.B A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #1 TO THE FISCAL YEAR 2023-2024 OPERATING BUDGETS, INCREASING REVENUES AND EFFECTUATING TRANSFERS TO REVERSE THE YEAR END BUDGETARY DEFICIT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (STAFF: FINANCE DIRECTOR). Village Clerk Rodriguez read a caption of the resolution into the record. Mayor Burch opened the floor to public comments. There were no public comments. Councilmember Charles asked Finance Consultant Holly Hugdahl to explain the process of overages within the Village budget and also to define encumbered money outlined in the resolution. Finance Consultant Holly Hugdahl gave a brief synopsis of the process explaining that by state law, any overages in the budget are required to be adjusted by the end of the calendar year to clear up any deficits. Mayor Burch further clarified that monies from last year’s budget are not being reallocated, just the surplus or the overage amounts. These amounts will not affect the current year’s budget. Councilmember Charles moved to approve item 10.B. Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 10.C A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL CREATING BUDGET AMENDMENT #1 TO THE FISCAL YEAR 2024-2025 OPERATING BUDGETS, APPROPRIATING FUNDS FROM THE VARIOUS FUND BALANCES TO INCREASE ANNUAL OPERATING BUDGETS TO INCLUDE APPROPRIATIONS WHICH BEGAN IN THE PREVIOUS FISCAL YEAR BUT WERE NOT COMPLETED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: FINANCE DIRECTOR). Village Clerk Rodriguez read a caption of the resolution into the record. Mayor Burch opened the floor to public comments. There were no public comments. Councilmember Cantor moved to approve item 10.C. Councilmember Charles seconded the motion, which carried a 5-0 voice vote. 11) DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION ON UPDATING THE VILLAGE ORDINANCE(S) CONCERNING OFF LEASH DOGS IN THE VILLAGE (SPONSORED BY: VICE MAYOR JESSE VALINSKY). The meeting was recessed by the Village Council at 8:05 PM and resumed at 8:15 PM. Vice Mayor Valinsky opened the discussion by addressing resident concerns about unleashed dogs in neighborhoods and parks. He urged dog owners to practice proper control and cleanliness for the safety of others and suggested aligning the Village’s ordinance with Miami-Dade County's leash laws. Mayor Burch read a section of the Village’s current ordinance on off-leash dogs, noting that the Council has the authority to adopt more restrictive regulations than the County’s leash law. 6 Village Attorney Wood emphasized the importance of clear language for enforcing amendments and pledged to collaborate with the legal team, incorporating insights from past Code Enforcement cases. Councilmember Charles asked Chief of Police Golt if officers can cite residents for violating leash laws. Chief Golt confirmed that the Village’s mutual aid agreement with Miami-Dade County enables officers to enforce both County and Village ordinances. When asked if Code Enforcement could issue citations, Chief Golt deferred to Attorney Wood. She clarified that the current ordinance specifies enforcement by “police officers or animal control officers.” She added that legal adjustments could include Code Enforcement in this definition, and violations would restrict individuals from conducting business with the Village until resolved. Councilmember Charles also inquired about escalating penalties for repeat offenses, similar to the County’s approach. Attorney Wood affirmed flexibility in penalties, provided they do not conflict with County regulations. Councilmember Cantor expressed opposition to penalizing owners who responsibly control off-leash dogs. Councilmember Harris advocated for clear language requiring all dogs to be leashed in public spaces outside the dog park and prohibiting dogs on athletic fields. Mayor Burch opened public comments. Janet Goodman, a dog trainer, spoke during public comments, opposing unleashed dogs and recommending 6-foot leashes as a standard. Attorney Wood added that 6-foot leashes are a common policy in other cities. By way of consensus, the Council concluded by directing Attorney Wood to draft revisions to the ordinance, clarifying where dogs may or may not be unleashed within the Village and for such amendments to be presented to Council for consideration. 11.B DISCUSSION AND POSSIBLE ACTION ON REDUCING COMMITTEES THAT ARE INACTIVE (SPONSORED BY: VICE MAYOR JESSE VALINSKY). Vice Mayor Valinsky made opening remarks regarding the status of the Ad Hoc Communication Advisory Committee, stating his request to sunset the committee. Vice Mayor Valinsky explained the decision was made in light of administration’s advancements in communication initiatives over the past 1.5 year, as well as the committee’s limited activity, having only been able to meet twice due to quorum and resignation challenges. Brief discussion ensued regarding the Personnel Appeals Board, specifically as it relates to their limited activity. However, Vice Mayor Valinsky noted the unique nature of the board which calls for said board to meet only when an employee submits a request to activate the committee to contest a Village Manager’s decision to terminate, suspend, or reduce the rank of the employee. Individual Councilmembers expressed support for the board as its purpose is deemed as a resource for all employees who serve under the leadership of the Village Manager. Mayor Burch briefly provided a summary of the current active and inactive boards and committees and they’re purposes and accomplishments. Village Clerk Rodriguez informed Mayor Burch this information will be included in the phase two of the next Boards and Committees workshop. 7 Councilmember Cantor concurred with Vice Mayor Valinsky regarding the dissolving of the Ad Hoc Communications Committee. He also voiced that even though no employee has utilized the Personnel Appeals Board is a testament to how the Village is striving to retain our employees. He indicated that having a checks and balance in place is key in case a situation arises where a termination needs to be properly addressed. Vice Mayor Valinsky moved to sunset the Ad Hoc Communications Committee. The motion was seconded by Councilmember Charles, which carried a 5-0 voice vote. 11.C DISCUSSION AND POSSIBLE ACTION REGARDING PENSION REFORMS THAT WERE TABLED AT A PREVIOUS MEETING FOR DISCUSSION AND POSSIBLE ACTION (SPONSORED BY: VICE MAYOR JESSE VALINSKY). Vice Mayor Valinsky provided opening remarks regarding the recent General Employee Pension Board meeting, asking Councilmember Charles, who serves as a trustee on said board, to provide insight into the discussions that ensued at said meeting. Councilmember Charles clarified said board discussion commenced with consideration to the last time the pension ordinance has been reviewed, which was in 2019. He further noted additional discussions encompassed the proposed ordinance amendments which the board was not prepared to discuss at a previous meeting and the options that were voted on and submitted to the Council for consideration. Councilmember Charles further explained the board discussion led to reviewing the pension ordinance in its entirety. Councilmember Charles stated there were allegations raised at said meeting by a boardmember towards the pension administration team. Vice Mayor Valinsky thanked Councilmember Charles for his detailed update of the last GEPB meeting. Councilmember Harris expressed concerns about the proposed pension amendments, emphasizing the need for thorough vetting before making any decisions. Mayor Burch agreed, supporting the need for careful review. Discussion followed regarding trustee and Councilmember concerns. Councilmember Charles asked Mayor Burch to specify the issues he found problematic among the proposed options, noting that the multiplier was not included in the amended proposals to Council. Councilmember Cantor clarified that the Village Council had been asked to consider specific options related to the general employee pension ordinance. No action was taken during the meeting. 11.D DISCUSSION AND POSSIBLE ACTION ON ESTABLISHING AN AD HOC LEGISLATIVE COMMITTEE (SPONSORED BY: MAYOR GEORGE BURCH.) Mayor Burch provided opening remarks referencing the FLC (Florida League of Cities), that legislative bills are being introduced that will affect Miami Shores Village. One bill involves Vacation Rentals and another involves time responses to permit applications. Mayor Burch emphasis if an Ad Hoc Legislative Committee cannot be established in the Village, then he requested residents to form a volunteer group to compile legislative issues to share with our lobbyist. No action was taken. 8 11.E DISCUSSION AND POSSIBLE ACTION REGARDING THE $35.00 ALARM PERMIT FEE (SPONSORED BY: COUNCILMEMBER SANDRA HARRIS). This item was deferred. 12) MANAGER'S REPORT Village Manager Scott provided an update on legislative process pertaining to Village lobbyists, the joint workshop with the Country Club Advisory Board, National Golf Foundation Consultants which will be held on December 10, 2024. Village Manager Scott expressed his condolences on behalf of the Village on the passing of Mr. Joseph Corradino’s father. 13) ATTORNEY'S REPORT No comments. 14) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 15) VILLAGE COUNCIL COMMENTS Mayor Burch –Mayor Burch showed a picture of a portion of the Bayfont Park seawall explaining the structure of the sidewalk and railing and the current condition due to years of weakening. No further comments were offered by the Village Council. 16) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:30 PM.