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2025-02-04 Council Meeting MinutesMEETING MINUTES FEBRUARY 4, 2025 6:30 PM 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 arrived at 6:49 PM Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Village Clerk Rodriguez stated there was a request to move item 513 before item 5A. Mayor Burch deferred items 9A and 9B. Councilmember Charles moved to approve the order of business as amended. Councilmember Cantor seconded the motion which carried a 4-0 voice vote. 5) PRESENTATIONS 5.A PRESENTATION ON THE DOCTORS CHARTER SCHOOL AGREEMENT (SPONSORED BY: COUNCILMEMBER SANDRA HARRIS). Special Projects and Grants Manager Elizabeth Keeley delivered a presentation at the request of Councilmember Harris on the sublease agreement between Miami Shores Village and Doctors Charter School (DCS). Ms. Keeley was accompanied by former Chief Financial Officer (CFO) Holly Hugdahl via Zoom. Ms. Keeley outlined the terms between the sublessee (DCS) and the sublessor Miami Shores Village (MSV) and the expenses paid by MSV. Ms. Keeley explained the timeline of events leading to the agreement with MSV. A general bond was issued in 2004 to finance the construction cost of the Charter School. The original amount of the bond was $4,017,600. This bond was due in August 2023. The current balance as of February 21, 2025 is $2,144,600. On August 8, 2005 DCS entered into a sublease agreement with MSV. On November 30, 2020 the sublease agreement was renewed with DCS under the same terms and agreements of 15 years. The current year student enrollment is 568 students of which 86 students or 15.14% are Miami Shores residents. The student to teacher ratio is 25:1 High School and 22:1 Middle School. The Public Education Capital Outlay for the 2024-2025 school year is $372,304. The Sublessee (DCS) Terms are: • A base rent of $180,000 yearly. • To provide maintenance to the premises. • To pay for any and all repairs of the premises. • To maintain a contract for regular maintenance of all air conditioning and elevator equipment. • To pay all utilities and services. • To keep and maintain all insurance as required in accordance with the Charter. Councilmember Harris asked for this presentation, stating residents wished to understand the relationship between the Village and DCS. Councilmember Harris questioned the school resource officer expense portion of the presentation. Police Chief Golt explained the cost of this position is based on a shift bid via seniority per the (CBA) Collective Bargaining Agreement. Councilmember Harris noted an ongoing sewer expense. Ms. Keeley stated this had gone unnoticed until a financial review took place. Councilmember Harris questioned the insufficient insurance coverage by the school to which Ms. Keeley replied, the Village carries the property insurance due to lapses in payment. Councilmember Harris emphasized the importance of adhering to the Ordinance, which requires any modifications to the agreement to go through the Village Council for approval. Additionally, she pointed out that no actions have been taken against DCS for any breaches of the agreement. Mayor Burch recommended the Council honor the contract period of 2020-2035. Village Manager Scott explained the complexity of the situation seeing he was handed these issues upon entering his role as Village Manager. Councilmember Charles posed a question regarding the sanitation fee and how it is invoiced. Former CFO Holly Hugdahl replied the Village has never billed the Charter School for sanitation fees because the prior administration attempted to assist the school with their budget. Councilmember Cantor inquired about a $140,000 increase in property insurance premiums between 2023 and 2025, asking whether anyone had contacted the insurance company about the rates or the policy's usage. Ms. Keeley responded she had no knowledge of DCS costs or coverage requirements. Village Manager Scott stated the cost for property insurance rates yielded a deduction per negotiations. Discussion ensued regarding the composition of DCS students and the slight decline of MSV students. No action was taken. 5.B PRESENTATION PARKS AND RECREATION MASTER PLAN UPDATE (STAFF: PARKS AND RECREATION ASSISTANT DIRECTOR). Village Clerk Rodriguez read the caption of the item into the record Parks and Recreation Director Angela Dorney introduced Ryan Cambridge and Mark Beer from FRM WRK Design Group to give an update on the progression of the Parks Master Plan. The needs assessment portion of the process included engaging residents, stakeholders, and holding workshops. Surveys have been sent out as well as an open public website to collect further input. Councilmember Cantor asked about the completion timeline. Mr. Cambridge replied, after all surveys are received, and other analyses have been finalized, completion is approximately in a year. Councilmember Cantor encouraged residents to complete the surveys as soon as they receive them. 5.0 A PRESENTATION TO THE VILLAGE COUNCIL ON A COLLABORATIVE PROGRAM BETWEEN MSV PUBLIC WORKS, NEIGHBORHOOD SERVICES, BUILDING, AND POLICE DEPARTMENTS. (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the item into the record. Public Works Director Delroy Peters gave an introduction of the (ACE) Alleyway Cleanup Experience program, its goals and impact to the Village. He explained its aim is to give residents, visitors and village staff safe and unencumbered usage and passage along our alleyways. Mr. Peters also explained this is a collaborative effort with Public Works, Code Enforcement and (MSPD) Miami Shores Police Department. This campaign was designed to decrease possible property damage to MSV property and promote awareness of unattended parked vehicles, overflowing trash receptacles, left over construction debris, excessive piles of trash and overgrown trees. Solutions to these issues are to educate residents, encourage voluntary compliance, best alleyway competitions and enforcement fines. The measurable goals to reach by December 2025 are to have 50% of alleys up to code, zero fines and 75% of alleys clear of unlawful trash and debris. Public Works Director Peters encouraged the Council to involve the community in addressing these issues. Councilmember Charles asked who should be contacted if construction materials are found in alleyways. Public Works Director Peters suggested to contact the Code Enforcement Department during the week and the Miami Shores Police Department's non -emergency number on the weekends or after hours. 6) MANAGER'S UPDATE Village Manager Scott stated the reconsideration of renaming Neighborhood Services to Code Compliance or Code Enforcement. Also, there will be an additional insert in the newsletter covering the ACE campaign. 7) PUBLIC COMMENTS Christian Ulvert, DCS Boardmember, spoke in opposition to the information presented by Village staff. Eddie Conde-Parlato raised concerns regarding DCS student achievement and safety. Hutch Gurevitz thanked Village staff for the ACE presentation. Alice Burch, DCS Boardmember, advocated for more cooperation between the Village and DCS. Mrs. Burch asked for any requests related to DCS information to be submitted in writing. Dana Vignale, DCS and EAB Boardmember, noted the school's potential and progress. She also stated she appreciated the comments and the feedback from parents concerning the school. Herb Conde-Parlato raised concerns regarding his son's welfare at the school. Rachel Fabricant, DCS Chair, raised concerns regarding the presentation which she perceived as lacking information. Ms. Fabricant desires more communication between DCS and the Village. Andrew Lemke, DCS Boardmember, spoke about the progress at DCS. 8) RESOLUTION(S) 8.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A CHARITABLE DONATION AGREEMENT BETWEEN THE VILLAGE AND DOCTORS CHARTER SCHOOL, A CHARITABLE NON-PROFIT 501(C) ORGANIZATION; PROVIDING FOR AUTHORIZATION & IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: VILLAGE CLERK). Village Clerk Rodriguez read the caption of the resolution into the record Village Clerk Rodriguez introduced the item stating an application was received via the Village Manager's office from DCS, requesting $5,000 for the 2024-2025 school year to hold the Hawks Run This Village 5k run. The purpose of the event is to promote the school and to engage the community. The funding request includes the agreement between the Village and DCS, back up support, proof of IRS exemption and other relevant information. Mayor Burch recused himself due to a potential voting conflict (attached hereto as Exhibit A) and passed the gavel to Vice Mayor Valinsky to serve as presiding officer for the duration of this item. Village Attorney Wood noted if the request is for in -kind services, the agreement would have to be amended. The agreement is for $5,000, but it could be amended to reflect in -kind services. Vice Mayor Valinsky opened the floor to public comments. Alice Burch stated she was grateful for the charitable donations opportunity. She explained this is the fourth Hawk's 5k run for in -kind services. The run raises funds for the students to have a fun experience and unifies the school, neighborhood and the Police Department. Councilmember Charles asked for clarification regarding the scope of "in -kind" services. Village Attorney Wood clarified the agreement would allocate $5,000. If the request is for "in -kind" services, the resolution would have to be amended to specify those services. Otherwise, if approved, $5,000 would be provided for the project as specified in the agreement. Councilmember Charles explained the $5,000 donation would be partially used to assist in covering the off -duty service rates. 4 Chief Golt stated the MSPD will require fifteen (15) officers to staff the event and a portion of the donation would be used to cover this expense. There was consensus to approve the $5,000 donation for in -kind services. Councilmember Cantor moved to approve the resolution as amended. Councilmember Harris seconded the motion which carried a 4-0 voice vote. Mayor Burch abstained. 9) DISCUSSION & POSSIBLE ACTION ITEMS 9.A DISCUSSION AND POSSIBLE ACTION REGARDING AN APPOINTMENT TO THE POLICE RETIREMENT PENSION BOARD (SPONSORED BY: MAYOR GEORGE BURCH). The item was deferred. 9.B DISCUSSION AND POSSIBLE ACTION ON THE COUNTRY CLUB TENNIS COURT PROPERTY (SPONSORED BY: MAYOR GEORGE BURCH). The item was deferred. 9.0 DISCUSSION AND POSSIBLE ACTION ON FURTHER DISCUSSION REGARDING THE BAYFRONT PARK PROPOSED SEAWALL HEIGHT (SPONSORED BY: MAYOR GEORGE BURCH).. Mayor Burch provided an overview of the item. Explaining there will be a presentation from the (SRC) Sustainability and Resiliency Committee regarding the Bayfront Park Seawall project at the next Village Council meeting. Councilmember Cantor suggested any plans for a living seawall should be considered alongside the construction of the main seawall. Councilmember Charles briefly explained the differences in rip rap and a living sea wall. A presentation will be brought before the Council regarding the Bayfront Park Seawall project. No action was taken. 10) MANAGER'S REPORT Village Manager Scott stated the Citizen's Academy will return. Applications will be available on February 10, 2025 on the Village website. Classes will begin March 10th to April 281h. This academy is for residents to become more involved with the process of government. Village Manager Scott also reported there will be a Vulnerability and Assessment update meeting on February 10, 2025, at 6:00 PM at the 9900 Building. Village Manager Scott sought direction from Council to proceed with two RFQs (Request For Qualifications) for alternative conceptual designs for the Miami Shores golf course and country club. Councilmember Harris requested to view the RFQs. Councilmember Charles moved to proceed with the two RFQs. Councilmember Cantor seconded the motion which carried a 5-0 voice vote. 11) ATTORNEY'S REPORT Village Attorney Wood noted the firm is continuing to respond to several claims received and will advise Council regarding the status. 12) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements into the record. 13) VILLAGE COUNCIL COMMENTS Councilmember Harris - Councilmember Harris acknowledged Miami Shores resident Joanne Miller who turned 101 years old. Councilmember Harris also highlighted a traffic concern near Barry University, specifically around NW 2nd Avenue at 9:00 AM, when pedestrian activity makes driving difficult. Chief Golt responded he would ensure an officer will monitor the area more closely. Vice Mayor Valinsky - Vice Mayor Valinsky encouraged residents to attend the Citizens Academy. Councilmember Cantor - Councilmember Cantor asked residents for patience, acknowledging their concerns have been heard. The Council is managing multiple issues and is aware of concerns that have been brought forth to the Council. Mayor Burch — No comments. Councilmember Charles — No comments 14) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 8:54 PM. 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME BOARD, THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR 63NITTEE ON r- WHICH I SERVE IS A UNIT OF: COUNTY l U CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY NAME OF POLITICAL SUBB4VISI0N- uAI E ON WHICH VOTE OCCURRED v MY POSITION IS: — Z -9d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) — r mivi oo - =rr. rvzu i o PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, Ca =—znQ 'I ^ J czz--A hereby disclose that on a- � , 2dgey , 20 24� (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or — inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my age y and the nature of my conflicting interest in the m ure is as follows: by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 2- 20 �S c Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C.