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2025-10-07 Council Meeting MinutesMEETING MINUTES OCTOBER 7, 2025 6:30 PM COUNCIL CHAMBERS 1.CALL TO ORDER Mayor Charles called the meeting to order at 6:30 PM. 2.MOMENT OF SILENCE / PLEDGE OF ALLEGIANCE 3.ROLL CALL Present: Mayor Jerome Charles Vice Mayor Neil Cantor Councilmember George Burch Councilmember Patrick B. Devaney Councilmember Jesse Valinsky Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4.ORDER OF BUSINESS ADDITIONS, DELETIONS, & DEFERRALS Councilmember Burch requested to pull Item 7G from the consent agenda. He also raised the issue of the General Employee Pension Board, expressing his desire to have the board appointment placed on the agenda for a vote at the next meeting. Village Clerk Rodriguez clarified that it was her understanding that the Council desired to have another discussion about the membership composition of the ordinance before making a future decision on the application process. Mayor Charles suggested that this topic could have been addressed during Village Council Comments rather than under additions. Village Attorney Wood clarified that additions in this context referred to additions to tonight's meeting, not future meetings. Councilmember Burch requested to pull items 7F and 7G from the consent agenda. Village Manager Scott requested that Item 8A, the pension ordinance, be heard at its earliest possible time in the meeting since experts were present for said item. 5.MANAGER'S UPDATE The Village Manager passed on providing an update at this time. 6.PUBLIC COMMENTS 3-Minute Time Limit AJ Nichols expressed concerns about Lennar's building quality, referencing a recent lawsuit by the Seminole Tribe over defective homes. He presented Better Business Bureau information showing numerous complaints against the company and urged the Council not to permit Lennar to build in the community. Alice Burch invited everyone to attend Walk/Bike to School Day the following day, highlighting the improvements made to 103rd Street by FDOT including pedestrian crosswalks. She noted that FDOT representatives would be present at the event. 7.CONSENT AGENDA All items listed within this section entitled "Consent Agenda" are considered to be self-explanatory and are not expected to require additional review or discussion, unless a member of the Village Council requests, in which case, the item will be removed from the Consent Agenda and considered along with the regular order of business. Councilmember Valinsky moved to approve the consent agenda and Councilmember Devaney seconded the motion which carried a 5-0 voice vote. 7.A APPROVAL OF THE SEPTEMBER 3, 2025 TENTATIVE BUDGET HEARING (STAFF: VILLAGE CLERK). Passed on Consent. 7.B APPROVAL OF THE SEPTEMBER 3, 2025 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 7.C APPROVAL OF THE SEPTEMBER 15, 2025 SPECIAL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 7.D APPROVAL OF THE SEPTEMBER 16, 2025 FINAL BUDGET HEARING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 7.E APPROVAL OF THE SEPTEMBER 16, 2025 VILLAGE COUNCIL Passed on Consent. 1 MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 7.F A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE AWARD OF INVITATION TO BID NO. 2025-07-01 ROOF REPLACEMENT 9900 NE 2ND AVENUE AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, PINNACLE A ROOFING COMPANY AND AUTHORIZE THE VILLAGE MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NO TO EXCEED $156,762.87 (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Councilmember Burch explained he pulled this item because the Village had recently received an unsolicited offer to purchase the property "as is" for $1.7 million. He argued that replacing the roof would be a waste of money if the building might be sold, especially since the buyer might change the configuration or demolish it. He noted that the building had been difficult to sell in the past and was rarely used. Vice Mayor Cantor expressed his view that this was a prime location in the commercial district with potential for exponential value increase. He supported fixing the roof and was not in favor of selling the property. Councilmember Valinsky agreed that the building needed a roof regardless of potential sale, as it would factor into any sales price. He noted that even if the Council considered selling the building, it would require a ballot measure and couldn't happen immediately. Frank Ruiz, Assistant Public Works Director, confirmed that the building presented safety issues with water damage, and that more than 25% of the roof was affected, triggering the need for full replacement. The discussion included technical details about water damage affecting the entire roof (beyond the 25% threshold requiring replacement), the cement roof structure with modified rubber on top, and Building Official Ismael Naranjo's explanation that demolition would help with the 40-year recertification by removing problematic elements while maintaining the shell. A lengthy discussion ensued about the building's condition, potential uses, and whether to proceed with the roof replacement given the purchase offer. Mayor Charles indicated that due to safety concerns and the uncertain timeline of any potential sale, the roof replacement should proceed. After extensive debate about the merits of proceeding with the roof versus waiting for a potential sale, the item went to vote. Vice Mayor Cantor moved to approve the ordinance and Councilmember Valinsky seconded the motion which carried a 4-1 roll call vote. Councilmember Burch voted in opposition. 7.G A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA; APPROVING THE AWARD OF RFP 2025-08-02 OPERATION OF AN OUTDOOR MARKET; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH FLORIDA FRESH MARKETS ENTERPRISES, INC.; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: PARKS & RECREATION DIRECTOR). Village Clerk Rodriguez read the caption of the resolution into the record. Councilmember Burch, who had initially pulled this item from consent, indicated he had done so in error and no longer wished to discuss it. Vice Mayor Cantor moved to approve the resolution and Councilmember Valinsky seconded the motion which carried a 5-0 voice vote. 7.ORDINANCE(S) ON FIRST READING 8.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 18, PERSONNEL, ARTICLE III, GENERAL EMPLOYEES PENSION PLAN, SECTION 18-48, DEATH BENEFITS ALLOWING SURVIVOR BENEFITS FOR DECEASED MEMBERS WITH 25 OR MORE YEARS OF SERVICE; 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 presented this item, explaining that it concerned amending the pension ordinance to provide survivor benefits for deceased members with 25 or more years of service. He provided background on the case of Erik Olsen who died on March 23, 2025, after 25 years and 10 months of service. Under the current plan, Mr. Olsen's wife would only be entitled to his contributions plus interest, amounting to $131,781.51. The proposed amendment would allow his wife to receive his accrued benefit. Mayor Charles opened the public hearing. Elizabeth Keeley expressed concerns about the proposed ordinance. She noted there was past precedent with a similar case where the beneficiary received a 100% joint contingent benefit calculation rather than a life annuity. She pointed out that the proposed benefit would be more generous than what current employees' beneficiaries would receive upon retirement. Robert Klausner, the pension board attorney, advised that the ordinance should be amended to make the benefit consistent with what regular service retirees would receive. He explained that there should be an actuarial reduction for a joint and survivor benefit. He recommended changing the ordinance language to read that in case of an employee with 25 or more years who dies prior to reaching retirement eligibility, the designated beneficiary would be eligible for a 100% joint and survivor benefit payable at what would have been the member's normal retirement date. Dina Lerner, actuary, provided additional information about how benefits would be calculated under different scenarios. After extensive discussion, the Council decided to defer the item to allow time for the ordinance to be rewritten with the recommended changes. Councilmember Valinsky moved to defer the ordinance and Councilmember Burch seconded the motion which carried a 5-0 voice vote. 8.B AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, SECTION 6-9 â GENERAL ELEVATION REQUIREMENTS OF THE VILLAGE CODE OF ORDINANCES TO PROVIDE FOR A VARIANCE PROCESS FOR NONRESIDENTIAL PROPERTIES LOCATED OUTSIDE OF FLOOD HAZARD AREAS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (STAFF: BUILDING OFFICIAL). Village Clerk Rodriguez read the caption of the ordinance into the record. Building Official Ismael Naranjo presented the ordinance following the Council's directive from the September 3, 2025 meeting. He explained the ordinance currently does not include an appeals or variance process to allow property owners flexibility. The amendment would provide property owners with the ability to request relief from strict adherence to Village code regulations when unique circumstances or hardship would otherwise prevent reasonable use of their property. The variance process would be administrative exemption granted on a case-by-case basis. Council Member Valinsky thanked staff for getting this back quickly and clarified that while this issue came about because of a particular property owner, this ordinance is just providing the pathway to fix the issue, not fixing it directly. The Building Official confirmed this would require a request from the applicant to start the process and could potentially assist other businesses in the Village. Vice Mayor Cantor also thanked staff for the expediency in handling this issue that has plagued one property for a long time. Vice Mayor Cantor moved to approve the ordinance and Mayor Charles seconded the motion which carries a 5-0 voice vote. 9. RESOLUTION(S) 9.A A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, ACCEPTING THE SEPTIC TO SEWER MASTER PLAN REPORT PREPARED BY KIMLEY HORN AND ASSOCIATES, INC. PROVIDING FOR AUTHORIZATION AND IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read the caption of the ordinance into the record. Village Manager Scott expressed pride in the completed septic to sewer master plan, commending staff members as well as consultants Kimley Horn. Stefano Viola from Kimley Horn and Associates presented the completed septic to sewer master plan. He explained that the plan was developed following a public outreach meeting, field visits, meetings with stakeholders (primarily Miami-Dade Water and Sewer Department), and research of historical documents. The plan divided the Village into 11 basins, prioritizing them based on vulnerability to failures, proximity to Biscayne Bay, and connection to existing force mains. Basins 11, 10, and 9 on the eastern side of the Village were identified as the highest priorities due to their proximity to Biscayne Bay and vulnerability to sea level rise. Mr. Viola presented each basin's details and outlined a 20-year implementation plan. He discussed potential funding sources, including water quality improvement grants, Federal Clean Water Act grants, and Clean Water State Revolving Fund loans. During extensive discussion, Council members asked about timeline flexibility, pump station locations, and coordination with Miami-Dade's potential force main along US-1. Public Works Director Delroy Peters confirmed they've been working with Miami-Dade on Basin 11, identifying a pump station location where the county will also place one, pursuing EPA grants totaling $10 million (with $5 million already secured). During discussion, Public Works Director Delroy Peters confirmed that the Village had already secured $5 million in grants for the first phase of implementation in basin 11, which would connect approximately 240 homes. Mayor Charles opened public comments. Carol Respondek, a resident from Shores Estates, noted that the projected timeline in the master plan seemed optimistic based on her experience with the current project, where progress has been much slower than anticipated. Councilmember Valinsky moved to approve the resolution and Councilmember Devaney seconded the motion which carried a 5-0 voice vote. 10.BOARD APPOINTMENTS 10.A APPOINTMENT TO THE PLANNING AND ZONING BOARD (1 VACANCY). Village Clerk Rodriguez reported one vacancy with eight applicants: Victor Bruce, Brian Grosso, Patrick Johnson, Angela Marinas, Marsha Page, Veronica Tortosa, Natalia Trushin- Jimenez, and Mariano Valera. She noted that incumbent Daniel Brady has been serving faithfully until his successor is appointed. No applicants were present, and there were no e- comments. The Council voted by ballot with results as follows: Victor Bruce received three votes (from Council Members Burch, Valinsky, and Mayor Charles), Bryant Grosso received one vote (from Council Member Devaney), and Natasha Trushin-Jimenez received one vote (from Vice Mayor Cantor). Victor Bruce was appointed to serve on the Planning and Zoning Board. Village Attorney Wood then raised concerns that Victor Bruce is an applicant for the very next Planning and Zoning board meeting. She explained that board members cannot present projects before their own boards. After discussion about getting an ethics opinion from Miami-Dade County (which had been requested but not yet received), the Council agreed that if no opinion is received by the October 21st Council meeting, they would defer Bruce's start date to allow more time for the ethics review. If an opinion is received supporting the appointment, he would begin serving immediately. No further action was taken. 11.DISCUSSION & POSSIBLE ACTION ITEMS 11.A DISCUSSION AND POSSIBLE ACTION CONCERNING OUR NEXT STEP IN THE SEPTIC TO SEWER PROCESS (SPONSORED BY: COUNCILMEMBER GEORGE BURCH). This item, sponsored by Councilmember Burch, was largely addressed during the septic to sewer master plan presentation. Council member Burch briefly inquired whether it would be possible for residents in non-prioritized basins to accelerate their connection to the sewer system if they were willing to pay for it. Mr. Viola confirmed that while it would be technically possible, it would likely be more expensive as they would need to fund the installation of force mains that would otherwise be part of earlier phases. No action was taken. 12.MANAGER'S REPORT Village Manager Scott asked Public Works Director Delroy Peters and Project Manager Jorge Loor to provide an update on the Shores Estates septic to sewer project. Mr. Loor explained that the project had experienced various delays including issues with fabrication of the wet well, utility line relocations, and unexpected utility strikes. He noted that the narrow streets and unmarked utilities in the older neighborhood contributed to challenges. He confirmed that the assessment for residents would be approximately $1,000 over 20 years, and that part of the grant funding would be used to offset costs for residents' connections to the system. Director Peters also announced that the seawall project would begin on October 13th, with the contractor already conducting surveys of nearby homes to document existing conditions before construction begins. The project has a 350-day timeline. 13.ATTORNEY'S REPORT Village Attorney Wood reported on her progress updating various board ordinances. She indicated that she was working on revisions to the Doctor Charter's board ordinance to clarify spending thresholds and was also addressing a conflict in the Library Board ordinance regarding the manager's authority over the library director. She also mentioned that she was working on updates to the lobbyist registration ordinance at the clerk's request and noted that a recovery home ordinance would need to be adopted before January 1st. There was further discussion about the timeline for addressing the General Employee Board ordinance, with Councilmember Burch expressing frustration about the delay and Mayor Charles explaining that the current board would remain in place for the October meeting while the ordinance revisions were completed. 14.ANNOUNCEMENTS Village Clerk Rodriguez read the announcements into the record. 15.VILLAGE COUNCIL COMMENTS Council member Burch raised concerns about the roof at Doctor Charter School, noting that they had spent approximately $100,000 on repairs that should have been spent on teaching. He stated that per the contract between the Village and the school, the Village is responsible for the roof, which is 17-18 years old and needs replacement. He also apologized for incorrectly stating at a previous meeting that Professional Course Management had only given the Village $110,000, when the actual amount was $360,000. 16.ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:46 PM.