Loading...
2024-12-03 Minutes1 MEETING MINUTES DECEMBER 3, 2024 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 Councilmember Jerome Charles Councilmember Sandra Harris arrived at 6:41 PM Councilmember Neil Cantor Also Present: Village Manager Esmond Scott Village Attorney Chanae Wood Village Clerk Ysabely Rodriguez 4) ORDER OF BUSINESS Councilmember Charles requested to move item 10.A after item 5.A. Councilmember Charles moved to approve the order of business as amended. Vice Mayor Valinsky seconded the motion which carried a 4-0 voice vote. 5) PRESENTATIONS 5.A PRESENTATION ON THE BAYFRONT PARK SEAWALL REPLACEMENT PROJECT (BY: CHEN MOORE & ASSOCIATES). Village Manager Scott began the meeting with opening remarks, expressing gratitude to the public for their patience during the cone of silence period of the seawall project bidding process. He introduced Patrick Kaimrajh from Chen Moore & Associates to address questions about the construction process. 2 Village Manager Scott also informed attendees that details about the company awarded the construction project would be shared following the presentation. Mr. Kaimrajh provided an overview of the Bayfront Seawall Project, explaining the seawall and sidewalk designs and outlining the project timeline. Construction is scheduled to begin in the first quarter of 2025 and is expected to take nine months to complete. After his presentation, Mr. Kaimrajh invited follow-up questions from attendees. Mayor Burch inquired about the contractor warranty. Mr. Kaimrajh explained that warranties are included in the general conditions of the contract. Village Manager Scott suggested that Mayor Burch consult the contractor under consideration. Mayor Burch also asked about past failures of the sidewalk and their causes. Mr. Kaimrajh confirmed that the southern portion had been closed off due to king pile issues. He added that soil erosion under the sidewalks could be mitigated by using filter fabrics alongside the new concrete panels. Public Works Director Delroy Peters highlighted that the seawall cap design would prevent water from eroding the sand beneath the sidewalks. When Mayor Burch questioned the implications of maintaining the current sidewalk level, Mr. Kaimrajh noted the uncertainty of future conditions. Vice Mayor Valinsky asked about the structural integrity of the pylons in relation to the current plans. Mr. Kaimrajh responded that no issues with the pylons were known but explained that the sidewalk would be raised to align with the new seawall elevation. Councilmember Charles requested historical permits or documentation regarding the Bayfront seawall and sidewalk repairs. Mayor Burch offered to retrieve those records. Village Manager Scott suggested leaving the sidewalk as it is but recommended thoroughly investigating its current condition. Vice Mayor Valinsky also raised concerns about the outflows, asking whether they would remain at current levels and if they were fully submerged. Mr. Kaimrajh confirmed they were submerged and noted that any modifications would require the system to be brought up to code. The Vice Mayor further asked about the height of the seawall in comparison to nearby neighborhoods, particularly north and south of Miami Shores. Mr. Kaimrajh stated he was not aware of the structural specifics in those areas. No action was taken. 6) MANAGER'S UPDATE No updates were provided by the Village Manager. 7) PUBLIC COMMENTS There were no public comments. 8) CONSENT AGENDA Councilmember Charles moved to approve the consent agenda. Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 8.A APPROVAL OF THE NOVEMBER 19, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on Consent. 3 8.B A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, APPROVING A VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT BETWEEN THE MIAMI SHORES VILLAGE POLICE DEPARTMENT AND OTHER SIGNATORY LAW ENFORCEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: CHIEF OF POLICE). Passed on Consent. 9) ORDINANCE(S) ON FIRST READING 9.A AN ORDINANCE OF THE VILLAGE COUNCIL 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 OPTION PLAN; PROVIDING FORCONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Rodriguez read a caption of the ordinance into the record. Mayor Burch opened the floor to public comments. Mr. Williamson explained, the Village Manager and other employees requested changes to the pension plan to enhance the Village’s ability to attract and recruit talent. He urged the Council not to approve scenarios 1, 2, 3, 4, and 8, as the pension board has yet to receive two critical pieces of information required for their review. Additionally, he noted that no analysis of scenarios 5, 6, and 7 has been completed, leaving the effects of scenarios 1, 2, 3, 4, and 8 unclear. Mr. Williamson emphasized that until all recommendations have been fully vetted, the Council should refrain from approving any of the proposals at this time. Village Manager Scott opened the discussion by stressing the importance of the agenda item. He explained that it was brought back after a 90-day review period to ensure the Council had all necessary information to evaluate the ordinance options thoroughly. He highlighted that the five scenarios (A-E) were presented as straightforward solutions to consider. Village Manager Scott reiterated that these employee benefits are essential for attracting and retaining top talent. He then introduced Human Resources Director Yamileth Slate-McCloud who delivered a brief presentation. Human Resources Director Slate-McCloud outlined the five scenarios (A-E) under consideration, detailing their respective requirements. She clarified that no changes to multipliers were included in these scenarios, which were defined as follows: A. Provisions for charter officers and executive management hired after October 1, 2023 to opt-out of the defined benefit plan and opt-in to a 401(a) plan. If any charter officer or executive elects not to participate in the plan, they will be excluded to participate in the future which will lower the plan costs in the long run. B. The DROP extension from 5 to 8 years. This will improve retention and will also assists with succession planning. This offer will be extended to our Police Department as well. C. For General Employees to be able to participate in the retirement plan upon hire to eliminate a one year waiting period. This option will aid in attracting new talent. Also, the change will have a fiscal impact year one cost savings of approximately $19,000. D. Vesting period change from 10 years to 8 years. This will assist the Village to remain competitive with other municipalities and the first year fiscal impact is approximately $1,000. 4 E. Allow invested employees and employees that terminate employment before the 30 year threshold, to collect their benefits on the 30th year of when they would have obtained their benefits. This change also will have a first year fiscal impact of approximately $23,000. Human Resources Director Yamileth Slate-McCloud summarized that the proposed options would have a combined fiscal impact of $43,607 for the first year. Changing the contribution payment schedule from December to October would yield a $30,000 savings in interest, resulting in a total yearly savings of approximately $14,000, including plan changes and interest. Councilmember Charles asked about the average years of service among Village employees. Dina Lerner, Consultant and Actuary, stated that the average is 10.3 years. Pension Attorney Adam Levinson explained the goals of the proposed pension plan, noting that most other plans require employee contributions during the first year of service, which saves money and aligns Miami Shores with other municipalities. Mayor Burch questioned the significance of first-year contributions and pointed out that while the GEPB requested comparable data from other cities, the Council has only received pension information from sources outside the GEPB. Vice Mayor Valinsky inquired about actions taken regarding the Village Manager’s role on the GEPB. Village Manager Scott responded that he did not find his appointment appropriate due to Sunshine Law restrictions that prevent communication with a fellow board member who is also a Councilmember. Councilmember Charles clarified that the GEPB had voted 3-2 at its last meeting to bring the ordinance back to the Council for consideration. Mayor Burch asked Mr. Williamson to verify events from the GEPB meeting. Mr. Williamson confirmed that key information for comparison was not presented and that the issue was brought back to the Council for consideration. He also expressed opposition to Human Resources Director Slate- McCloud’s presentation, disputing the claimed savings. Ms. Lerner clarified that depositing funds earlier would save money in the trust and noted that GRS had not received authorization from the GEPB to perform a comparison analysis. She added that State database resources containing plan provisions had been provided to the Village. Councilmember Harris noted that the Village Manager is under an employment agreement and does not benefit from the pension plan. She also highlighted that she had requested a long-term financial analysis, which she had not yet received. Vice Mayor Valinsky asked about the timeline and potential disparities for employees if the ordinance passed on the first reading. Mr. Levinson explained that any disparities were limited to the opt-out option, which currently allows charter officers to opt out of the pension plan within their first year of employment. He also cited Section 18-39 of the pension plan, stating that all trustees, including ex- officio members, are entitled to one vote. Mayor Burch asked about the potential impact on employees if the Council delayed a decision until after the next GEPB meeting. Mr. Levinson deferred to Human Resources Director Slate-McCloud, who stated that a delay of three months would not significantly impact employees. However, she noted that members nearing retirement, particularly those closely approaching age 62 or 30 years of service, need clarity on their options. 5 Councilmember Charles requested input from other GEPB trustees to verify the 3-2 vote referenced earlier. Vice Mayor Valinsky supported this request. Jim McCoy, a Village employee and GEPB trustee, confirmed that the motion to bring the items to the Council for approval passed with a 3-2 vote. Ms. Lerner added that the board had not made a motion to pursue a detailed comparison with other state pension plans. Further discussion addressed differences in contribution options and the potential cost of the pension plan. Councilmember Harris expressed concern over the executive group participating in the 401(a) retirement plan, emphasizing that the true cost remains unclear. Parks and Recreation Director Angela Dorney shared concerns about employees nearing 30 years of service and the importance of providing them with clear options for future employment/retirement planning. Councilmember Charles spoke in support of all five scenarios A-E. Councilmember Charles moved to approve item 9.A as presented. Vice Mayor Valinsky posed a friendly amendment to the motion, approving scenario C only. Councilmember Charles did not accept Vice Mayor Valinsky’s friendly amendment. The motion failed due to lack of a second. Village Attorney Wood outlined the potential motions available to the Council: 1. Motion to approve 2. Motion to defer 3. Motion to deny Village Attorney Wood then asked if another motion would be proposed. Discussion followed regarding which scenarios could be eliminated to advance the item. Village Attorney Wood clarified that Mayor Burch was proposing to defer the ordinance until the GEPB could review all scenarios. Mayor Burch moved to refer the item back to the GEPB for further review, requesting that the Board produce the requested information, analyze the long-term financial implications, and present their findings to the Council. Councilmember Harris seconded the motion, but it failed with a 2-3 voice vote. Vice Mayor Valinsky, Councilmember Charles, and Councilmember Cantor voted in opposition. The meeting was recessed at 8:44 PM and resumed at 8:48 PM. Councilmember Cantor moved to approve scenarios A, B and C. Councilmember Charles seconded the motion, which carried a 3-2 voice vote. Mayor Burch and Councilmember Harris voted in opposition. 10) RESOLUTION(S) 10.A A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, APPROVING THE AWARD OF INVITATION TO BID NO. 2024-08-01 BAYFRONT PARK SEAWALL REPLACEMENT; AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, YC GROUP, LLC, AND AUTHORIZING THE VILLAGE MANAGER OR DESIGNEE TO EXPEND AN ESTIMATED AMOUNT NOT TO EXCEED $3,666,173.63. (PUBLIC WORKS DIRECTOR) 6 Village Clerk Rodriguez read the resolution caption into the record. Village Manager Scott introduced Procurement Administrator Donna Rockfeld to discuss the procurement process for the Bayfront Park Seawall Replacement project. Ms. Rockfeld reported that four bids were received following a pre-bid conference with Chen Moore. The recommendation of award detailed the costs for each line item, with YC Group, LLC being awarded the contract. After a thorough review, YC Group, LLC received positive performance evaluations. Based in Palm Beach, the contractor has extensive experience with seawall replacements in Brevard and Miami-Dade Counties. Ms. Rockfeld highlighted the inclusion of a 5% bid bond to ensure contractors honored their bids and a 100% performance bond totaling $3.3 million to guarantee payment to subcontractors and project completion. The recommendation also included a 10% contingency, with bid amounts ranging from $3.666 million to $5.2 million. She noted that the project carries a 1-year warranty for defective work, and any repairs made during that time would extend the warranty for an additional year. Councilmember Cantor questioned how YC Group, LLC could submit a bid nearly $1 million lower than the next lowest bid. Ms. Rockfeld clarified that the difference between the two lowest bids was approximately $700,000. Public Works Director Delroy Peters addressed the question by explaining the bid process and comparing the firms’ submissions to the engineer’s estimate. Vice Mayor Valinsky asked who would determine the appearance of the seawall area. Ms. Rockfeld responded that the contractors would collaborate with the Village on those decisions, allowing for flexibility. Mayor Burch then opened the floor to public comments. Bob Williamson approached the podium to ask why rip rap was not mentioned in the bidding process. Mayor Burch clarified that rip rap would be included in the seawall construction. Toni McCormick spoke in favor of proceeding with the seawall construction. Councilmember Charles moved to approve item 10.A. The motion was seconded by Vice Mayor Valinsky, which carried a 5-0 voice vote. 10.B A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, SETTING THE DATES FOR THE 2025 VILLAGE COUNCIL MEETINGS; PROVIDING FOR IMPLEMENTATION, AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE CLERK). Village Clerk Rodriguez read a caption of the resolution into the record. Vice Mayor Valinsky moved to approve the resolution. Mayor Burch posed a friendly amendment to the motion to include a December 16, 2025 Village Council meeting. Vice Mayor Valinsky accepted the Mayor’s friendly amendment. The motion to approve the resolution as amended carried a 5-0 voice vote. 7 10.C A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, WAIVING THE COMPETITIVE BID PROCESS, PURSUANT TO RESOLUTION 1124-07, SECTION 1. 6); AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A RECYCLING SERVICES AGREEMENT BETWEEN THE VILLAGE AND WASTE MANAGEMENT INC. OF FLORIDA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). Village Clerk Rodriguez read a caption of the resolution into the record. Village Manager Scott opened the discussion by addressing the Village's short-term recycling challenges. He explained that a more permanent solution was now being proposed, enabling the Village to dispose of recyclable materials at a designated facility. Mr. Scott shared that, after discussions with Jason Neil of Waste Management, the Village expected to have an update on the agreement in the near future. Public Works Director Peters informed the contamination rate in the Village is below 10% which is well below the average rate in the County. Village Manager Scott thanked the residents of Miami Shores for their efforts leading to the low contamination rate. Mayor Burch opened the floor to public comments. There were no public comments. Vice Mayor Valinsky moved to approve item 10.C. Councilmember Cantor seconded the motion which carried a 5-0 voice vote. 11) MANAGER'S REPORT No updates were provided by the Village Manager. 12) ATTORNEY'S REPORT Village Attorney Wood provided an update on the Village's legal activities. She reported that the legal department is currently reviewing the CR Regulations in preparation for the December meeting with the Planning and Zoning Board to meet the publishing deadline. She also confirmed the completion of the analysis related to the golf course. Regarding ongoing litigation, Village Attorney Wood informed the Council that the Village had been served with a Bert Harris claim notice. She requested direction for the law firm Weiss Serota to respond to the claim. The Council reached a consensus to proceed with Weiss Serota representing the Village in addressing the Bert Harris claim notice. 13) ANNOUNCEMENTS Village Clerk Rodriguez read the announcements. 14) VILLAGE COUNCIL COMMENTS Councilmember Sandra Harris – Offered a public apology to Village Clerk Rodriguez. Councilmember Jerome Charles – No comments. 8 Councilmember Neil Cantor – No comments. Vice Mayor Valinsky – Vice Mayor Valinsky wished everyone Merry Christmas. Mayor Burch – Mayor Burch announced the upcoming boat parade. Residents may view the parade from the park on 96th Street between 6:30 pm and 7:00 pm this weekend. Also, Mayor Burch emphasized issues to address in future meetings regarding the Village’s high tax rate in Miami-Dade County and the need to focus managing the Village’s expenses. 15) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:17 PM.