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2025-01-07 Council Meeting Minutes1 MEETING MINUTES JANUARY 7, 2025 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mayor Burch called the meeting to order at 6:35 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 Ysabely Rodriguez 4) ORDER OF BUSINESS Village Manager Scott pulled item 9C from the agenda and also moved item 13A to be heard after item 5A. Vice Mayor Valinsky moved discussion item 13D to the Ordinance(s) on first reading section of the agenda. Vice Mayor Valinsky moved to approve the order of business as amended. Councilmember Charles seconded the motion which carried a 5-0 voice vote. 2 5) PRESENTATIONS 5.A CERTIFICATE OF RECOGNITION PRESENTED TO KIMBERLY JUANICO MCADAM FOR HER OUTSTANDING WORK COORDINATING THE SECOND ANNUAL MIAMI SHORES BOAT PARADE (SPONSORED BY: MAYOR GEORGE BURCH). Mayor Burch presented an overview of the devoted efforts of Ms. Kimberly Juanico McAdam in organizing the second annual Miami Shores Boat Parade. Ms. McAdam was issued a certificate of recognition. 6) BOARDS/COMMITTEES REPORT No reports. 7) MANAGER'S UPDATE No updates were provided by the Village Manager. 8) PUBLIC COMMENTS Toni McCormick raised concerns regarding the possibility of townhouse rentals in the Village. Alice Burch recognized the life and legacy of Susan Ackley who devoted countless hours to the Fine Arts Commission and other initiatives. Mrs. Burch stated a tribute page in the Egret magazine will be dedicated to Ms. Ackley. Mrs. Burch also announced a Miami Shores Community Alliance Brunch which will be held on Feb 23, 2025 at the Miami Shores Country Club. Village Clerk Rodriguez read eComments into the record. 9) CONSENT AGENDA Vice Mayor Valinsky moved to approve the consent agenda. Councilmember Charles seconded the motion which carried a 5-0 voice vote. 9.A APPROVAL OF THE DECEMBER 3, 2024 VILLAGE COUNCIL MEETING MINUTES (STAFF: VILLAGE CLERK). Passed on consent. 9.B APPROVAL OF THE DECEMBER 10, 2024 JOINT WORKSHOP MEETING MINUTES - COUNCIL AND COUNTRY CLUB ADVISORY BOARD (STAFF: VILLAGE CLERK). Passed on consent. 9.C A RESOLUTION OF THE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING AN OFF-SYSTEM CONSTRUCTION AND MAINTENANCE AGREEMENT FM# 447827-1- 52-01 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE AND IMPROVEMENT OF OFF-SYSTEM ROADWAYS; PROVIDING FOR AUTHORIZATION AND IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE (STAFF: PUBLIC WORKS DIRECTOR). 3 This item was deferred. 10) ORDINANCE(S) ON SECOND READING- PUBLIC HEARING 10.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 FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the ordinance into the record. Village Manager Scott introduced Human Resources Director, Yamileth Slate-McCloud, GRS Actuaries Dina Lerner and Jeff Amrose, and Pension Attorney Adam Levinson. Human Resources Director Slate-McCloud gave a brief synopsis of options A-E, noting: 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. B. To allow the DROP extension from 5 to 8 years. This offer will be extended to our Police Department as well. C. To allow General Employees to be able to participate in the retirement plan upon hire to eliminate a one year waiting period. D. Vesting period change from 10 years to 8 years. 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. These items appeared before the Village Council on first reading, which allowed these three items, A-C, to move forward for Council approval on second reading. Village Manager Scott noted an error in the memo received by Council, stating at the July 30, 2024 GEPB meeting, there was a unanimous vote to bring items to the Council for approval, not at the April 30, 2024 GEBP meeting. At the April 30, 2024 GEPB meeting, the items were approved to go back to the pension board for approval. At the July 30, 2024 GEPB meeting there was a 5-0 vote, not to hear the multiplier portion of the item and it was discussed this portion was to be heard at a future date. Discussion ensued regarding discrepancies with the accuracy of recent General Employee Pension Board minutes. Responding to Mayor Burch, Councilmember Charles stated there was a unanimous decision to move the pension items to the Council for approval. He stated the vote was sent to the GEPB to be voted on again after approval from the Council. 4 Councilmember Harris expressed concerns that the proposed pension plan amendments were being rushed. She emphasized that Miami Shores Village employees already have a strong pension plan and suggested referring the proposed amendments back to the GEPB for further review and recommendations before Council approval. Councilmember Cantor stated his support for the pension options presented to the Council. However, he agreed that options D and E required additional financial analysis. With respect to the 401A plan, Mayor Burch inquired whether an employee separating from the Village would receive both their contributions and the Village’s contributions if they had not yet vested. Pension Attorney, Adam Levinson clarified the differences between the 401(a) and pension plan vesting and disbursements upon separation from the Village. He explained if an employee is in a defined benefit plan or pension plan, and leaves the employment before the vesting period, the employee will only receive what they have invested into the pension plan. By contrast, in the proposed 401(a) plan, the employee is entitled to receive what they have contributed into the plan along with the Village’s contribution. The defined contribution plan option has no long term payout benefit. Actuary Jeff Amrose addressed Mayor Burch’s question regarding the pension plan’s financial stability. He confirmed that the plan is in excellent condition, with approximately 95% of its viability covered compared to the 130 other plans his company manages. He noted that the Village contributes 11% of payroll to the plan, with the market risk falling on employees rather than the Village. He also highlighted that other municipalities offer either Florida Retirement System (FRS) benefits or more robust pension plans, making them more competitive employers. Additionally, he pointed out that benefit multipliers in other plans are typically higher than Miami Shores Village’s 2% multiplier. Mr. Amrose stated that long- term savings would be realized under scenarios A, B, and C. Mayor Burch referenced the Village’s GEP plan ordinance, stating that, based on his interpretation, the Village is required to fully fund the pension plan every 12 months. Pension Attorney Levinson clarified that state law mandates the Village to meet the minimum actuarial funding requirement. He cited Section 18-55, "Contributions by the Village," for the record. Actuary Amrose then read the ordinance, which states: "The Village shall make annual contributions to the fund in an amount equal to the difference each year between the total aggregate member contributions for the year and the total cost for the year as shown by the most recent actuarial valuation of the plan. The total cost for any year shall be defined as the total normal cost plus the additional amount sufficient to amortize the unfunded past service liability as provided for by F.S. Ch. 112, part VII, as amended from time to time." Amrose further explained that pension accruals account for 7% of payroll, while layered amortization represents $1.2 million, or 5% of payroll. He noted that gains and losses contribute to the unfunded liability and that the plan is currently about 93% funded. Mayor Burch opened the floor to public comments. Nancy Dowson spoke about the importance of considering the long-term financial impact of funding a pension plan. Hearing no further comments from the public, Mayor Burch closed public comments. 5 Councilmember Cantor asked Mr. Amrose to clarify if there were any up-front costs and any potential for a long-term savings in the pension plan from options A-C. Mr. Amrose replied in the affirmative, stating modest savings. Councilmember Cantor moved to adopt the ordinance. Councilmember Charles seconded the motion, which carried a 3-2 roll call vote. Mayor Burch and Councilmember Harris voted in opposition. 11) ORDINANCE(S) ON FIRST READING 11.A AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING CHAPTER 18, PERSONNEL, ARTICLE IV, POLICE OFFICERS RETIREMENT SYSTEM, AMENDING SECTION 18-107, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE MANAGER). Village Clerk Rodriguez read the caption of the ordinance into the record. Village Manager Scott introduced Human Resources Director, Yamileth Slate-McCloud to provide an overview of the item. Pension Attorney Levinson and Union Representative and Board Chair, Joshua Koop were present. Pension Attorney Levinson explained when the Deferred Retirement Option Plan (DROP) is extended, there are no further benefits extended to the employee. Mayor Burch opened the floor to public comments. There were no public comments. Responding to Mayor Burch, Attorney Levinson explained the Police Retirement Pension Board and the Police Union were aware of the proposed changes to the plan and voted in favor of it. Human Resources Director, Slate-McCloud stated a (FOP) Fraternal Order of Police and (MOU) Memorandum of Understanding will be forthcoming to the Council. Mayor Burch asked to receive the Police Retirement Pension Board minutes. Police Retirement Pension Board Chair, Joshua Koop, stated at the October 29, 2024 Board meeting, the Board voted unanimously in favor of the item to be brought to the Village Council. Councilmember Harris stated she would like to see the Police Department and General Employees receive the same pension benefits. Councilmember Cantor moved to approve item 11A. Vice Mayor Valinsky seconded the motion, which carried a 5-0 voice vote. 12) RESOLUTION(S) 12.A A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, ADOPTING A POLICY REGARDING VILLAGE COUNCIL STANCES ON POLITICAL OR CONTROVERSIAL MATTERS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE (STAFF: VILLAGE ATTORNEY). Village Clerk Rodriguez read the caption of the resolution into the record. 6 Village Attorney Wood opened the discussion by explaining that the Council had requested Weiss- Serota to draft a resolution addressing political or controversial matters. The resolution aims to prohibit the Village Council from taking official positions on such issues and defines what constitutes a political or controversial matter, as well as matters beyond the Village’s jurisdiction. She noted that it was up to the Council to decide whether to proceed with the resolution. Mayor Burch opened the floor to public comments. Elizabeth Hitt spoke in opposition to the resolution, citing a past marriage equality resolution that did not receive unanimous approval. She expressed support for the Village considering issues on a case- by-case basis rather than adopting a blanket policy. Village Clerk Rodriguez read eComments into the record. Councilmember Harris stated that the intent of the resolution was to provide guidance to the Council. She referenced Section 4, Exceptions, which states: "The Village Council may, by a four-fifths (4/5) supermajority vote, adopt resolutions, issue statements, or take formal action on political or controversial matters if it determines that such action is necessary." Councilmember Harris clarified that the resolution does not completely prohibit the Council from addressing political issues, as long as a supermajority vote is reached. Vice Mayor Valinsky emphasized that he ran for office because the Council seat is nonpartisan. He stated that he does not wish to engage in political debates on state or national issues. Councilmember Charles proposed amending Section 4 to require a simple majority vote rather than a supermajority. Mayor Burch voiced his support for the resolution. Village Attorney Wood further clarified the resolution’s scope, stating: "This policy shall not govern requests to recognize elected officials, individuals, or entities for their public service, achievements, or contributions to the Village or broader community, provided such recognition is non-political and non-controversial in nature." Councilmember Cantor thanked the public for their input and agreed that the language should be revised to allow a simple majority vote on political matters. A discussion followed regarding whether a formal resolution on this issue was necessary. Mayor Burch moved to approve the resolution as amended. Councilmember Harris seconded the motion, which carried a 3-2 roll call vote. Councilmember Charles and Councilmember Cantor voted in opposition. 7 13) DISCUSSION & POSSIBLE ACTION ITEMS 13.A DISCUSSION REGARDING THE FINAL REPORT ON THE MIAMI SHORES VILLAGE COUNTRY CLUB AND GOLF COURSE BY NATIONAL GOLF FOUNDATION (STAFF: VILLAGEMANAGER). Village Manager Scott provided an updated overview of the draft report and introduced Mr. Ed Getherall and Mr. John Sanford from the National Golf Foundation (NGF) to elaborate on the revisions. The final document incorporates Council feedback from the December Workshop and updates to the NGF Draft Report, including: • Additional language clarifying historical designation grants. • The latest version of the conceptual plan. • A revised summary conclusion reflecting language for Options 1–3. • No changes to cost estimates. • A new bullet under "Next Steps" to ensure the final program aligns with community needs. • Further recommendations include engaging a firm to conduct a mechanical, electrical, plumbing (MEP), and structural assessment of the clubhouse. The Summary Conclusion now states: Additionally, an abbreviated version of the REG conceptual plan was inserted. Mr. Getherall highlighted the most significant update—incorporating financial projections. The report now includes a debt service line item, with an amortization schedule for a $31 million bond. Based on these assumptions, annual debt service is projected at $1.78 million. Net income, after capital reserves and debt service, is estimated at $89,000 in the first full year of operation post-renovation, growing to $453,000 by year five. All projections are based on the Sanford Ferris conceptual plan and clubhouse renovations, accounting for preliminary cost estimates for the golf course, practice area, clubhouse, ancillary structures, “Year Zero” carrying costs, and a supportable debt level of $35–$38 million. Rick Gonzalez of REG Architects provided information on architectural service grants, noting that the annual grant application deadline is June 1st. He advised that to meet this deadline, a consultant should begin the process between February and May. Councilmember Charles asked whether the RFQ process would still align with the March 2026 deadline. Mr. Getherall responded that the RFQ process could delay construction. Vice Mayor Valinsky inquired about the golf course renovation timeline. Mr. Getherall explained that addressing existing deficiencies is a priority, and while both projects may not begin simultaneously, they should be completed within a similar timeframe, with only a two- to four-month gap. Mr. Gonzalez agreed, noting that the timeline depends on the approach the Village chooses. Mr. Getherall added that bringing sewer lines and constructing a 10.5-foot berm could significantly increase golf course costs. Mr. Sanford suggested using sand from the site's 10- acre lakes instead of importing sand to help control costs. 8 Village Manager Scott clarified that Council approval is sought for the final NGF report, which includes these modifications. He emphasized that a bid waiver is not permissible, so professional services must go through a competitive RFQ process. He also recommended separating the clubhouse and golf course renovations but left the final decision to the Council. Councilmember Harris requested that public comments remain open to ensure all resident concerns are addressed. A discussion followed regarding project timelines, the placement of the pumping station, permitting, and the RFQ process. Vice Mayor Valinsky moved to accept the final draft of the NGF report. Councilmember Charles seconded the motion which carried a 5-0 voice vote. No further action was taken. 13.B DISCUSSION AND POSSIBLE ACTION ON ORDINANCES GOVERNING BOARDS AND COMMITTEES (SPONSORED BY: MAYOR GEORGE BURCH). Village Clerk Rodriguez read the caption of the discussion item into the record. Mayor Burch provided an opening statement regarding the governing ordinances pertaining to boards and committees. He stated that the ordinances should be changed or come into compliance. Mayor Burch gave examples of inconsistencies in the ordinances. He suggested a workshop to update the current ordinances for boards and committees. Councilmember Cantor supported the Mayors suggestion to update the ordinances governing boards and committees. Councilmember Harris asked Village Clerk Rodriguez for an update on an upcoming boards and committees workshop. Village Clerk Rodriguez stated the workshop will be scheduled in February 2025. No action was taken on this item. 13.C DISCUSSION AND POSSIBLE ACTION ON USES AND POSSIBLE REPAIRS TO THE 9900 BUILDING (SPONSORED BY: MAYOR GEORGE BURCH). Village Clerk Rodriguez read the caption of the discussion item into the record. Mayor Burch provided opening remarks, stating there have been 22-23 meetings held at the 9900 building and repairs to the roof are necessary to continue with more meetings. Village Manager Scott spoke in favor of the roof repair. Councilmember Harris asked Village Manager Scott if there has been an assessment of the roof regarding patching instead of replacing. Village Manager Scott answered in the affirmative. He also mentioned, Public Works Director, Delroy Peters, has had several roofing companies assess the potential costs of repairs to the roof at the 9900 building. Village Manager Scott stated that the roof has gone beyond the patching stage. 9 Councilmember Harris acknowledged she is in favor of replacing the roof. Mayor Burch opened the floor to public comments. Alice Burch spoke in favor of repairing the roof and the replacing of chairs. Councilmember Harris stated that if there has not been an official verification of mold in the 9900 building, there should not be any mention of mold. Village Manager Scott indicated there has not been an official air quality test done in the 9900 building. Nancy Dowson spoke in favor of evaluating the 9900 building for expansion for future uses. Councilmember Charles stated Council should re-visit the recommended guidelines that were given to the Council to ensure all of the mentioned next steps have been taken before adding a new roof to the building. Village Manager Scott indicated only one response for letters of interest has been received in response to the roof repairs. Also, the 40-year recertification is pending completion within 30 days. Mayor Burch moved to approved to repair the roof at the 9900 building. Councilmember Harris seconded the motion, which carried a 4-1 voice vote. Councilmember Charles was in opposition. 13.D DISCUSSION AND POSSIBLE ACTION ON NEW DOG LEASH ORDINANCE (SPONSORED BY: VICE MAYOR JESSE VALINSKY). Recess at 8:17 PM and resumed at 8:32 PM. Village Clerk Rodriguez read the caption of the discussion item into the record. Vice Mayor Valinsky provided opening remarks, stating issues with unleashed dogs in the Village’s park areas. He stated the current ordinance was not effective in providing enforcement of the dog leash ordinance. There is no intent for MSPD to act as pet control for the Village but if issues arise, MSPD will have proper tools to act in these matters. Mayor Burch opened the floor to public comments. There were no public comments. Village Clerk Rodriguez read eComments into the record. Councilmember Cantor inquired as to how the new ordinance will differ from the previous ordinance. Discussion ensued regarding the differences in the changes to the current ordinance. Village Attorney Wood clarified the new ordinance does not remove the language “under control” or “not under control” but it states both. The word “Or” changes to “And”. The other change is clear that a dog has to be on a leash and under certain scenarios when a dog does not have to be on a leash, which would be in a designated area and on the property owner’s property or if a dog owner has consent from some other property owner. The language currently states anywhere on public property, a dog has to be on a leash. The new ordinance is in alignment with the County’s dog leash ordinance but is more restrictive. 10 Vice Mayor Valinsky moved to approve item 13D. Councilmember Harris seconded the motion, which carried a 5-0 voice vote. 13.E DISCUSSION AND POSSIBLE ACTION ON MIAMI SHORES STRATEGIC MAHOGANY RESERVE (SPONSORED BY: VICE MAYOR JESSE VALINSKY). Village Clerk Rodriguez read the caption of the discussion item into the record. Vice Mayor Valinsky provided opening remarks regarding Cuban Mahogany trees in the Village that he would like to see turned into planks of wood instead of wood chips. These planks could be used in the interior design of projects in the Village. Vice Mayor Valinsky proposed to partner with a saw mill to process these branches into planks for sale and this may assist the Village with a form of revenue. Councilmember Charles stated if a major branch of a mahogany tree falls off, the policy of the Village is to take down the remainder of the tree. There was consensus among the Council to partner with a mill to process Miami Shores Village Mahogany trees into planks to enhance any new Village design projects. 14) MANAGER'S REPORT No updates were provided by the Village Manager. 15) ATTORNEY'S REPORT Village Attorney Wood asked for direction from Council to look into all issues as it relates to the Miami Shores Country Club, NGF (National Golf Foundation) and the (SFWMD) South Florida Water Management District and if any issues lead to litigation, Weiss-Serota will have authorization to pursue them. Councilmember Harris asked whether the legal team could be given authorization on behalf of the Village to proceed with issues on a case-by-case basis or if a blanket authorization would be required. Village Attorney Wood replied that it was up to the Council’s discretion. There was consensus among the Village Council for Weiss-Serota to proceed with any litigation as it relates to MSCC, NGF and SFWMD. 16) ANNOUNCEMENTS Village Clerk Rodriguez read announcements into the record. 17) VILLAGE COUNCIL COMMENTS Mayor Burch- Mayor Burch had no comments. Vice Mayor Valinsky- Vice Mayor Valinsky wished everyone a Happy New Year. Vice Mayor Valinsky supported an official recognition for Susan Ackley. Councilmember Charles- Councilmember Charles had no comments. 11 Councilmember Cantor- Councilmember Cantor gave an update regarding electric charging stations. Proposals are being collected from municipalities across the state. Presentations from competing interests for bringing electric charging stations to the Village is in process. Councilmember Harris- Councilmember Harris sent her condolences to Susan Ackley's family and spoke about her life and legacy. 18) ADJOURNMENT There being no further business before the Village Council, the meeting adjourned at 9:39 PM.