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Minutes Oct. 10 202 1700 Convention Center Drive Miami Beach, FL 33139 www.miamibeachfl.gov/northbeachcra MEETING MINUTES NORTH BEACH COMMUNITY REDEVELOPMENT AGENCY ADVISORY COMMITTEE Tuesday, October 10, 2023 – 4:00 pm Members in Attendance: Chair Jose Smith, Vice Chair Betsy Perez, Ronnie Issenberg, Romina Orozco-Encio, Elizabeth Latone, Manning Salazar, and David Sexton 1. Welcome & Attendance At 4:03 p.m., Chair Jose Smith opened the meeting and greeted attendees. 2. Approval of September 12, 2023 Meeting Minutes Motion: to approve the meeting minutes from September 12, 2023. Made by: David Sexton Seconded by: Vice Chair Betsy Perez Old Business 1. Legislative Update Chair Smith introduced City Attorney Rafael Paz, who appeared in the place of Deputy City Attorney Ric Dopico. Mr. Paz began with an important update regarding modification of City policy towards all advisory committee meetings and procedure to comply with Florida’s Government in the Sunshine Law. The Sunshine Law, Chapter 286 of the Florida Statutes, establishes a basic right of access to meetings of boards, commissions, and other governing bodies of state and local governmental agencies and authorities. During the COVID-19 pandemic, Governor DeSantis had issued an executive order allowing public meetings to be conducted virtually without violating the public's right of access to governmental meetings. Although this executive order has since expired, Mr. Paz noted that, for the past few years, the City granted its various advisory boards and committees the discretion to manage their business with virtual meetings via the Zoom Meetings platform. With expiration of the executive order that allowed virtual meetings, it is now necessary, as soon as possible, to resume in-person meetings when conducting normal committee business in accordance with the Sunshine Law. Chair Smith inquired about committee member participation if meetings were to continue to be held virtually, the City Attorney responded that virtual presence does not count toward quorum or committee attendance requirements in the City Code. Mr. Paz explained that, if a virtual or hybrid meeting is held without a physical, in-person quorum of members, the body is precluded from taking formal action to advise the City Commission. Further, any committee member who participates remotely without physically attending in-person cannot be documented as present at North Beach CRA Advisory Committee Meeting Minutes – October 10, 2023 Page 2 of 6 the meeting. If a committee has a physical quorum present, remote member-attendees may participate in discussion, but cannot vote. The exception to this rule is a member’s documented medical situation; being out of town or on holiday does not qualify as valid reasons for remote participation. The Chair noted that after today’s meeting, the Committee will likely begin to observe an in-person meeting format to comply with the Sunshine Law. At 4:10 p.m., City Attorney Paz provided an update on legislation under consideration by the City Commission. Item R5G on the October 18, 2023 agenda proposes to amend the City’s Land Development Regulations (LDRs), affecting a limited area within the CRA district. Referred to as the Harding Townsite Single Family Home Supplemental Conditional Use Regulations, the proposed LDR ordinance would allow supplemental conditional uses on single family lots in the Harding Townsite Local Historic District, which are zoned RS-4 (Single-Family Residential) and abut a public park on at least two (2) sides. Vice Chair Betsy Perez is the owner of 7605 Collins Avenue, the only property that currently meets these criteria. Recognizing a potential conflict of interest with Committee discussion of the subject matter, the Vice Chair offered to recuse herself and temporarily discontinued audio and visual participation. The City Attorney explained that the proposed amendment would permit development of certain uses, other than a residential single-family home, subject to conditional use approval. The City Code requires that conditional use applications undergo the Planning Board review, including a public hearing, to address potential impacts and site-specific conditions. Chair Smith inquired about allowing a restaurant use on the property, and Mr. Paz noted that the proposed regulations include capacity limits and permitted operating hours applicable to any potential restaurant use. Committee member Elizabeth Latone asked about the possibility of rooftop entertainment and the City Attorney noted that the City Code contains requirements regulating rooftop alcoholic beverage establishments within 200 feet of residential areas. Regarding an unrelated matter, Chair Smith inquired whether Committee members are ineligible from participating in CRA programs, including receipt of grant monies, by virtue of their Committee appointment. For example, Romina Orozco-Encio owns a business that operates within the geographic boundaries of the Commercial Façade Improvement Program. Is her business eligible to apply to the Program in light of her involvement on the Committee, as the Committee has advocated for and supported creation of the Program. City Attorney Paz stated that it was essential to consider the nature of the grant, whether it involved a contractual arrangement, and whether the board member’s committee exercised influence over the award of grant. R Mr. Paz recommended that any Committee member with a question regarding ethical conduct and/or potential conflicts should seek an advisory opinion from the Miami-Dade County Commission on Ethics and Public Trust, an agency charged with providing legal opinions on the standards of exercising public duties. The City Attorney offered to facilitate submitting requests to the Ethics Commission. Chair Smith concurred about the distinction among grant types, noting that use of funds from the U.S. Department of Housing and Urban Development (HUD) are associated with stricter rules and requirements. Mr. Smith shared that he has discussed at length the subject of ethical conflicts with Ms. Jean Olin and he strongly advises Committee members to seek guidance from a board-certified attorney in local government law such as Ms. Olin. Upon conclusion of the discussion, Vice Chair Betsy Perez was welcomed back to the meeting. North Beach CRA Advisory Committee Meeting Minutes – October 10, 2023 Page 3 of 6 4. Update: Commercial Façade/Residential Property Improvement Programs At 4:31 p.m., Michael Rivera, Redevelopment Specialist, offered a status update on the CRA’s two most recently launched programs, which target properties in the vicinity of Normandy Fountain Plaza. Mr. Rivera informed that, as of October 10, 2023, four (4) businesses have formally submitted interest in applying for the Commercial Façade Improvement Program. Two commercial properties, Urban Resource, 1193 71st Street, and Pets & Vets Animal Clinic, 1181 71st Street, have submitted their intent to apply form, an initial declaration by potential applicants that constitutes the formal start of the application process. Mr. Rivera shared information about two other business operators who are assembling the requisite documentation to apply, including soliciting work quotes from contractors and written property owner approval, all of which is submitted electronically using the GoSmart platform (https://mbbiz.gosmart.org). Although no residential property owners have yet to apply for the Residential Property Improvement Program, both programs are relatively new and CRA staff continues to raise awareness and conduct outreach. Chair Smith encouraged program participants to submit photographs and diagrams illustrating the "before and after" appearance of façades, which can be persuasive promotional tools for the program. Committee Member David Sexton raised concern with the requirement for businesses to obtain three (3) contractor quotes, prior to be considered a “complete” application. Alternatively, Mr. Sexton suggested that the minimum number of required bids be reduced for projects valued at or below $1,000. Chair Smith agreed and commented that unnecessary bureaucracy may discourage businesses and property owners from participation. Committee Member Elizabeth Latone, concerned about illegal construction, obtained confirmation that businesses may only use licensed contractors. Rickelle Williams, Assistant City Manager, noted that comparable programs among other community redevelopment agencies were examined to gain insights into their best practices. This inquiry found that several CRAs employ a three (3) quote requirement, which helps ensure property owners do not artificially inflate quotes or otherwise engage in unethical practices, and allows for a more accurate assessment of market costs. Ms. Williams stated that the Administration’s intent is to develop a process that can benefit both businesses and the City by ensuring that the costs presented for grant funding are reasonable, reliable, and reflective of the market. Staff endeavors to strike a balance between streamlining the application process for businesses, while maintaining accountability and cost-effectiveness. Chair Smith emphasized the importance of finding a solution that doesn't overly burden businesses and urged the City to provide guidance to new businesses applying for the program. New Business 5. Ocean Terrace Park and Streetscape Improvement Project At 4:44 p.m., David Martinez, Director of the Office of Capital Improvement Projects, provided a comprehensive update of the Ocean Terrace project, a public-private initiative intended to transform the public space between 73rd Street and 75th Street into a park-like environment with numerous enhancements. Planned improvements include hardscape features, such as a plaza, upgraded lighting, water features, new beachwalk construction, additional pathways, an open-air North Beach CRA Advisory Committee Meeting Minutes – October 10, 2023 Page 4 of 6 pavilion structure, and various landscaping elements. Mr. Martinez reminded that the City's involvement in this public-private partnership is limited to nonmonetary participation and includes public benefits negotiated in a development agreement with the developer. Mr. Martinez shared that construction is anticipated to commence the week of October 23, 2023. The project team is committed to ensuring that construction activities do not disrupt use of public spaces, for example, early voting activities at the North Shore Branch Library. A ceremonial event to commemorate groundbreaking is scheduled for October 26, 2023 at Ocean Terrace and 73rd Street. This event coincides with the ribbon-cutting ceremony marking completion of renovations to North Beach Oceanside Park earlier that same day. The Committee is encouraged to attend both events. Construction on the Ocean Terrace project is expected to last 14 months until substantial completion and projected to conclude at the end of 2024, possibly extending into early 2025. Construction will be phased to support continuous area access for businesses and residents. Chair Smith asked about the equipment storage location and Mr. Martinez touched upon the commitment to keeping all activities within the construction area including construction fencing requirements. Chair Smith inquired whether the Ocean Terrace private component could commence construction before delivery of the public component. City Attorney Paz explained that the development agreement was prepared four years ago and he’d have to reexamine the terms to confirm. Vice Chair Perez expressed her enthusiasm for the project and praised the progress made. Mr. Martinez acknowledged the collective effort in bringing the project to fruition and thanked the Committee for their time. 6. Normandy Fountain Plaza Outdoor Activation At 4:56 p.m., Rickelle Williams, Assistant City Manager, began the topic by noting that the subject matter includes programming proposed to engage a business entity affiliated with Committee member David Sexton. Therefore, a potential conflict could arise if the Committee were to vote on a motion. Chair Smith requested further information and Ms. Williams shared that that the Finance and Economic Resiliency Committee (FERC), during discussion of Economic Development Department activities, discussed activating Normandy Fountain Plaza with enhanced seating furniture, which may or may not include engagement of the Normandy Fountain Business Association (NFBA). Mr. Sexton expressed willingness to recuse himself from the Committee’s deliberations, but also desired to update the Committee about the discussion item. City Attorney Paz provided a legal opinion, noting that the NFBA is a not-for-profit and voting conflict rules apply when there's a financial benefit to a member. Since Mr. Sexton doesn't have financial interest in the NFBA, the City Attorney did not immediately perceive any conflict. Chair Smith added that he recalls the City has allowed members of nonprofit organizations to vote on issues that do not directly benefit themselves financially. Mr. Sexton reiterated that all NFBA board members are unpaid volunteers and he does not stand to gain any direct financial benefit from this initiative. Ms. Williams expanded upon the proposal to provide removable seating at the Normandy Fountain Plaza as part of a one-year pilot program meant to enhance outdoor activation. The pilot program would include two (2) to three (3) sets of tables, umbrellas, and chairs, totaling up to approximately 12 seats. The Administration is recommending that the seating would be located North Beach CRA Advisory Committee Meeting Minutes – October 10, 2023 Page 5 of 6 within the elevated plaza area, not directly in front of the restaurants, although restaurant patrons would be permitted to use the seating. The FERC suggested engaging the NFBA to manage the activation, with the goal of setting up the additional tables and chairs on Thursdays through Sundays. The initiative is premised upon the objective of increasing public use and activity at the plaza, and is not intended to solely benefit adjacent private operators and their guests. Elizabeth Latone inquired whether nearby restaurants, whose patrons would be able to use the seating, are contributing monetarily to the program. Ms. Williams responded that businesses would help the NFBA manage and maintain the area, but not contribute financially to the City, as the initiative is seen as benefitting the community at large and not the responsibility of any individual operator. Chair Smith reminded the Committee that, historically, the City Commission waived sidewalk café fees for North Beach businesses and increasing the cost of doing business would be contradictory to economic development policy. Vice Chair Perez expressed support for the concept, stating that the plaza was constructed for community use and outdoor seating may attract more visitors. Romina Orozco-Encio agreed and supported the plan to use removable furniture, which extends longevity when it can be safely stored overnight. Manning Salazar expressed concern about the public's access to the facilities, and David Sexton responded that the NFBA would ensure the tables are maintained for public use, rather than the restaurants reserving them for patrons. Ms. Williams noted that efforts will be made to ensure the public understands the seating is available for use by all, and also to prevent misuse by individuals who are not utilizing the facilities for dining purposes. 7. Committee Member Comments David Sexton announced a fundraiser that evening, October 10, 2023, at Silverlake Bistro, 1211 71st Street, with proceeds benefitting the Normandy Fountain Business Association. Vice Chair Perez expressed excitement about upcoming NFBA events and activations at the Plaza and Silverlake Bistro. Manning Salazar praised the NFBA’s tireless work and regretted that he’d be unable to attend that evening’s event at Silverlake Bistro. Romina Orozco-Encio followed up to the earlier discussion and sought guidance about whom she should contact regarding her business’ eligibility to apply for the Commercial Façade Improvement Program. Assistant City Manager Williams assured her that City staff would coordinate with the City Attorney to seek a more clear legal opinion. Chair Smith asked Ms. Williams about the location of the Committee’s subsequent meeting, to ensure compliance with the Sunshine Law. He proposed the North Beach Youth Center or the Unidad facility. She responded that these suggestions would be explored, however, site availability and each facility’s scheduled programming and booking policies would be considerations. Chair Smith suggested an alternative is to continue conducting meetings at the Normandy Shores Golf Club, an easy location for the Committee and the public to access. David Sexton proposed exploring different venues, for example, commercial properties within the Normandy Fountain business district. Chair Smith stated his preference for a consistent location that is properly suited for civic affairs. North Beach CRA Advisory Committee Meeting Minutes – October 10, 2023 Page 6 of 6 Manning Salazar noted that he would have difficulty attending meetings if the start time was adjusted to commence at 4:00pm permanently. After it was clarified that the earlier start time would apply uniquely to the November 2023 meeting, Mr. Salazar indicated that he was happy to accommodate the request. 8. Public Comments No public comments were made. 9. Adjournment Motion was made and the meeting adjourned at 5:27 p.m. Next Meeting: Tuesday, November 14, 2023 – Normandy Shores Golf Club, 2401 Biarritz Drive