HomeMy Public PortalAbout2021-01-19 Regular MeetingBAL HARBOUR
- VILLAGE -
Mayor Gabriel Groisman
Assistant Mayor Seth E. Salver
Councilman David J. Albaum
Councilman Jeffrey P. Freimark
Councilman Buzzy Sklar
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota
Helfman Cole & Bierman, P.L.
Bal Harbour Village Council
Regular Council Meeting Minutes
January 19, 2021
At 6:30 PM
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
On March 13, 2020, Village Manager Jorge Gonzalez declared a State of
Emergency for Bal Harbour Village due to the Coronavirus (COVID-19)
pandemic. This meeting was conducted virtually via "Zoom" in order to minimize
exposure to Councilmembers and members of the public. The meeting was also
broadcast on the Village's website (www.balharbourfl.gov) and members of the
public were encouraged to participate by email (meetings@balharbourfl.gov) or
by telephone at 305-865-6449.
CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Mayor Groisman asked Assistant Mayor
Salver to chair the meeting. Assistant Mayor Salver called the meeting to order at
7:19 P.M. following the General Employees Retirement Board Meeting.
The following were present:
Mayor Gabriel Groisman
Assistant Mayor Seth Salver
Councilman David Albaum
Councilman Jeffrey Freimark
Councilman Buzzy Sklar
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Susan L. Trevarthen, Village Attorney
The Pledge of Allegiance was led by Assistant Mayor Salver.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Mayor Groisman requested that a discussion item regarding the upcoming vote (January
26 Special Election) to which Mr. Gonzalez said that he would add an update to the
Manager's Report (Agenda Section R10).
PRESENTATIONS AND AWARDS
PA1 Resort Tax Update
Bal Harbour Village Council Regular Meeting Minutes — January 19, 2021 Page 11
Mr. Gonzalez introduced the item, saying that Fiscal Year 2020 concluded better than
anticipated in regards to expected revenue reductions due to COVID-19, and that
expenses still lined up as planned. He said that there was a surplus for the year that would
drop into the Fund Balance. He said that months following in the first quarter indicated a
pattern of improvement. Councilman Sklar asked that, in the future, presentations be
provided to the Council in sufficient time to review before the meeting.
Trip Barrett (Chief Marketing Officer and Director of Tourism) provided an update on
Tourism and Resort Tax. He presented a report showing the Resort Tax Revenues for Fiscal
Year 2020 and the Quarter 1 of Fiscal Year 2021, illustrating how revenue was impacted
by the COVID-19 pandemic following the closing and re -opening of hotels and restaurants
and the implementation and relaxing of curfews and quarantines. He said that the
reduction of expenditures helped bring the budget in line. He said that compared to other
communities in Miami -Dade County, RevPAR continued to be the highest in the
Surfside/Bal Harbour region while maintaining rates.
Mr. Barrett described the current international and local conditions affecting Tourism and
the FY -2021 Budget saying that the revenue numbers looked promising. Mr. Gonzalez
added that numbers in October and November were comparable to FY -2017 revenues.
Councilman Sklar noted that the FY -2021 numbers were obtained without (Sales/PR-
Marketing) Reps which he said has always been a point of consideration of the Resort Tax
Committee.
Mr. Barrett then provided an update of the Marketing Strategy, and an overview of
Marketing Tourism activities with efforts focused on local and staycation markets, and long-
term stays. He highlighted the Village's coordination efforts with building mangers.
Mayor Groisman said that he had been advised that Miami Beach was exploring a beach
art exhibit with the Bass Museum, to which Mr. Gonzalez provided a brief update and said
that he would see if the Village could participate.
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A December 8, 2020 Workshop and Council Minutes
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
HEIDI BELLE LLC, FOR THE PROVISION OF AUXILIARY ENGINEERING
SERVICES, BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES IN
AN AMOUNT NOT TO EXCEED ANNUAL BUDGET ALLOCATIONS,
RENEWABLE THEREAFTER AT THE VILLAGE'S OPTION FOR ADDITIONAL
Bal Harbour Village Council Regular Meeting Minutes — January 19, 2021 Page 12
ONE YEAR TERMS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING AN AGREEMENT FOR THE PURCHASE OF A
VEHICLE FOR THE VILLAGE BUILDING DEPARTMENT IN THE AMOUNT OF
THIRTY-THREE THOUSAND ONE HUNDRED AND SIXTY-EIGHT DOLLARS
($33,168); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: A Motion to pass the Consent Agenda was moved by Councilman Jeffrey
Freimark and seconded by Councilman Buzzy Sklar.
VOTE: The Motion passed by unanimous voice vote (5-0).
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
CHAPTER 21 "ZONING" OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 21-1 "DEFINITIONS AND RULES OF CONSTRUCTION" TO REVISE
THE DEFINITION FOR "HEIGHT OF A BUILDING OR STRUCTURE" TO
REFLECT THE RECENT CHARTER AMENDMENT, INCLUSION IN THE CODE,
CONFLICTS, AND FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying that on November 3, 2020, the electors of Bal
Harbour Village approved a referendum to change the Village Charter to allow building
height in the single-family residential district to be measured relative to State and Federal
requirements to account for climate change and rising sea levels, and that this ordinance
would enable those changes in the Village Code.
There were no comments from the public.
MOTION: A Motion to pass the Ordinance on second reading was moved by Mayor
Gabriel Groisman and seconded by Councilman Jeffrey Freimark.
ROLL CALL
VOTE
Mayor Gabriel Groisman
Yes
Assistant Mayor Seth E. Salver
Yes
Councilman David J. Albaum
Yes
Councilman Jeffrey P. Freimark
Yes
Councilman Buzzy Sklar
Yes
VOTE: The Motion passed by unanimous roll call vote (5-0).
Bal Harbour Village Council Regular Meeting Minutes — January 19, 2021 Pa g e 1 3
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; GRANTING AUTHORITY TO THE VILLAGE MANAGER TO
NEGOTIATE WITH CASE MARINE CONSTRUCTION INTERNATIONAL, LLC.
AS THE LOWEST BIDDER FOR THE SEAWALL AND DOCK REPLACEMENT
PROJECT AND AWARD THE CONSTRUCTION CONTRACT TO CASE
MARINE IF NEGOTIATIONS ARE SUCCESSFUL IN THE AMOUNT NOT TO
EXCEED EIGHT HUNDRED ONE THOUSAND FIFTEEN DOLLARS
($801,015); GRANTING AUTHORITY TO THE VILLAGE MANAGER TO
NEGOTIATE WITH THE SECOND LOWEST BIDDER EBSARY FOUNDATION
COMPANY IF NEGOTIATIONS WITH LOWEST BIDDER FAIL TO REACH AN
AGREEMENT AND AWARD THE CONTRACT TO THE SECOND LOWEST
BIDDER IF NEGOTIATIONS ARE SUCCESSFUL IN AN AMOUNT NOT TO
EXCEED ONE MILLION FIFTY SIX THOUSAND SEVEN HUNDRED FIFTY SIX
DOLLARS ($1,056,756); PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying that the replacement of the seawall and dock
is part of the overall project to redesign the Waterfront Park, and that it is fully funded
between a grant from the Florida Inland Navigation District and the budget from the
Fund Balance. He said that, prior to bidding, Councilman Sklar suggested the
consideration of an alternative construction material. He said that the lowest bidder,
Case Marine, submitted a bid proposing the utilization of the substitute material, and
that if the environmental permitting agencies did not agree to the substitution
(TRUELINE Seawall System), he would be requesting the right to negotiate with the
second highest bidder, Ebsary Foundation. Assistant Mayor Salver said that the use of
the alternate material would not sacrifice durability. Councilman Sklar added that the
synthetic material had greater sustainability, and that the installation process was
streamlined.
There were no comments from the public.
MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and
seconded by Assistant Mayor Salver.
VOTE: The Motion passed by unanimous voice vote (5-0).
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion Regarding Amending the Special Assessments Ordinances Mail
and Notice Requirements
Bat Harbour Village Council Regular Meeting Minutes — January 19, 2021 Page 1 4
Mr. Gonzalez introduced the item saying that Village Code regarding the required notice
for Special Assessment was more stringent than State requirements. He said Village Code
requires two notices and the State requires one, and that State Statute does not require
publication in the event that the assessment is unchanged. He proposed bringing and
ordinance back to the Village Council that would bring the Village Code more in line with
State Statute.
Assistant Mayor Salver said he was in favor of streamlining the process, and added that
residents were more likely to see the Village's email blasts, than to see notices published
in newspapers. Councilman Freimark agreed, saying that he was fully in favor.
R9B Discussion Regarding Beachfront Huts, Chairs, Storage Boxes
Mr. Gonzalez introduced the item, providing a brief history of the request by the Harbour
House and the subsequent request from the Council to bring back a more comprehensive
approach for the beach front. He said that following the consideration of collected
research, he could bring back an ordinance to the Council that, with a companion set of
administrative regulations, would provide minimum standards for not only beach huts, but
also, possibly, for storage boxes, beach chairs and umbrellas.
Trip Barrett (Chief Marketing Officer and Director of Tourism) presented photographs of
existing storage boxes and huts submitted via a questionnaire to beachfront property
managers, which he said demonstrated a lack of a common look and feel. He said that
with Council guidance on possible options, he would also be seeking input from building
managers and representatives of condominium associations.
Captain Mauricio Escarra, Bal Harbour Police Department, said that lack of consistency has
been problematic, and that codification could allow for administrative regulations that
would assist in addressing things like equipment storage in evacuation plans, or during
King Tides and turtle season.
Councilman Sklar suggested that the Harbour House be allowed to erect their beach hut
while regulations were being formulated, saying that an ordinance process could take a
long time. Councilman Freimark said that he would be supportive as long as there was an
understanding that the final codification might require changes.
Mayor Groisman said the Village might be walking into an issue if the Harbour House is
given provisional approval that could be later rescinded. He proposed focusing, at first,
only on beach huts to expedite the ordinance process.
A general discussion ensued regarding whether or not to give the Harbour House
provisional approval, with Councilman Sklar making a motion to approve. The motion died
for lack of a second. Councilman Sklar then agreed that the ordinance focus should be on
beach huts.
Bal Harbour Village Council Regular Meeting Minutes — January 19, 2021 Page 1 5
Councilman Freimark asked the Village Attorney if there were limitations on what the
Village can/cannot control on the beach front and are there were possible litigation risks.
Ms. Trevarthen responded that the Village has an easement on 100% of the beach frontage
and that the Village has broad authority to regulate in a rational manner to protect the
public health, safety and welfare. She provided a brief summary of a current lawsuit against
the Surfside beach ordinance saying that she would be give it close consideration in
moving forward, to which Mayor Groisman added that it was another good reason to
initially focus on beach huts.
Mr. Gonzalez said that he would bring a proposed ordinance back to the Council at the
next Council meeting.
R9C Discussion Regarding the Beach Path - Councilman Sklar
Councilman Sklar introduced the item saying that, during busy holidays and other certain
times of the year, the Beach Path becomes crowded and difficult to control and suggested
that during high -traffic periods the Village provide directional signage and usage
requirements for pedestrians and vehicles. Mr. Gonzalez said that he thought circuit
cyclists or cyclists in training need special attention.
Mayor Groisman asked if opening the jogging path to dog walkers would be a good idea,
to which Councilman Sklar said that it was a good suggestion. Councilman Freimark added
that retractable leashes were also problematic and should be addressed if the jogging
path is opened to dog walkers.
A general discussion ensued exploring different options to alleviate crowding, with a
general consensus not to do anything that would push cyclists onto Collins Avenue, and to
proceed with steps, the first being allowing dogs on the jogging path and paying attention
to retractable leashes.
R9D Discussion Regarding In -Person and Virtual Meetings - Councilman Freimark
(Continuation)
Councilman Freimark introduced the item saying that he was supportive of continuing
virtual meets. Mr. Gonzalez said that 288 COVID-19 cases had been reported in Bal
Harbour, an increase of 136 since the previous month, and that one death had been
reported, since the beginning of the pandemic. There was a general consensus to conduct
the February Council meeting virtually and to readdress issue at that time, with staff
recommendations on data points to use for consideration of reopening.
Bal Harbour Village Council Regular Meeting Minutes — January 19, 2021 Page 16
Dwig Danie, Village Clerk
R9E - PUBLIC COMMENT
Dina Cellini (211 Bal Cross Drive) commented that allowing dog walking on the jogging
path was an excellent place to start. She asked if the Village still had its beach wheel chair
and suggested that consideration be given to wheel chair access to the beach. Mayor
Groisman said that the Village had installed three Mobi-Mats. Mr. Gonzalez added that the
Mobi-Mats have been popular and do facilitate access to the water. He said that he
believed that the beach wheel chair still existed and that he would find out its condition.
Penny Sepler (10275 Collins Ave.) said that she liked the idea of opening up the jogging
path to dog walkers, but did not like the idea of dog walkers only to be allowed on the
jogging path. She said that attending virtual meetings was difficult for her and expressed
her desire to attend meetings in -person.
R10 - VILLAGE MANAGER REPORT
R1 OA Update on Village's Efforts Pertaining to the Coronavirus (COVID-19)
Mr. Gonzalez provided an update of the upcoming January 26, 2021 Special Referendum
Election, saying that the Village has mailed and emailed a sample ballot and a non -biased
educational explanation of the ballot language.
R11 - VILLAGE CLERK REPORT
R11A Lobbyist Report
R1 2 - VILLAGE ATTORNEY REPORT
ADJOURNMENT - The meeting was adjourned
ayor Ga.riel Groisman
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