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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 Bat Harbour Village Council Regular Meeting Minutes — January 19, 2021 Page 17