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HomeMy Public PortalAbout2021-04-20 Regular MeetingBAL HARB=OUR - 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 HarbourVillage Council Regular Council Meeting Minutes April 20, 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@ba/harbourfLgov) or by telephone at 305-865-6449. CALL TO ORDER/ PLEDGE OF ALLEGIANCE Mayor Groisman called the meeting to order at 6:56 P.M. following the General Employees' Retirement Board and Local Planning Agency meetings. 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 REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRAL Councilman Albaum withdrew Agenda Item R9C. PRESENTATIONS AND AWARDS PA1 Certificate of Appreciation for Jaya Kader Bal Harbour Village Council Regular Meeting Agenda — April 20, 2021 P age 11 Mr. Gonzalez introduced Jaya Kader, acknowledging her 7.5 years of service as a member to the Architectural Review Board. Mayor Groisman thanked Ms. Kader and presented her with a Certificate of Appreciation. Ms. Kader thanked the Village for the opportunity to serve saying that it was a service of joy. PA2 Certificate of Appreciation for Don Jacobs Councilman Freimark introduced Don Jacobs saying that he had had the pleasure of knowing Mr. Jacobs for over 11 years, and thanking him for his service to the Village as a member of the Budget Advisory Committee, and presented his Certificate of Appreciation. Mr. Jacobs said that he had thoroughly enjoyed his time with the Village, that he had learned a lot, and the that he admired people who dedicate themselves to serving. PA3 Certificate of Appreciation for David Levin Mr. Gonzalez introduced David Levin acknowledging his 7.7 years of service on the Police Officers' Retirement Board, thanking him for his input and guidance, and presented his Certificate of Appreciation. Mr. Levin thanked the Council for the acknowledgement, saying that it was his pleasure to serve, and that he enjoyed working for the community. PA4 Officer of the Year Chief Raleigh Flowers presented Officer Richard Duarte with the Police Officer of the Year award acknowledging his overall performance and dedication to duty. He said the Officer Duarte is a savvy street cop with excellent investigative skills. Officer Duarte thanked the Council for being recognized saying that he looked forward to the coming year in that he would be performing his job with the same level of excellence. PA5 Civilian of the Year Chief Flowers presented Rosa Kamiya with the Civilian Employee of the Year, acknowledging her organizational skills, volunteering spirit, professionalism and dedication to service. Ms. Kamiya thanked everyone for the acknowledgement saying that that the group that she works with is amazing, making it easy to perform her job and give her hundred percent. CONSENT AGENDA C6 - COUNCIL MINUTES C6A March 16, 2021 Regular Village Council Meeting Minutes Bal Harbour Village Council Regular Meeting Minutes — April 20, 2021 Pa g e 1 2 C7 - CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING A MEMBER TO SERVE AS A TRUSTEE ON THE POLICE OFFICERS' RETIREMENT BOARD; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE PROPOSAL FROM ALL WEBBS ENTERPRISES, INC., FOR THE CLEANING AND REHABILITATION OF FOUR (4) STORM WATER INJECTION WELLS, AT A COST NOT TO EXCEED TWENTY-NINE THOUSAND NINE HUNDRED SIXTY ($29,960) DOLLARS, INCLUSIVE OF A SEVEN (7%) PERCENT CONTINGENCY ALLOCATION IN THE AMOUNT OF ONE THOUSAND NINE HUNDRED SIXTY ($1,960) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE MERCHANT SERVICES AND TELECHECK AGREEMENTS WITH FIRST DATA OFFERING CREDIT CARD AND ECHECK PAYMENTS OPTIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, URGING THE MIAMI-DADE COUNTY DEPARMENT OF PUBLIC SAFETY TO DEDICATE ADDITIONAL TRAFFIC ENFORCEMENT RESOURCES TO COMBAT EXCESSIVE SPEEDING ON THE HAULOVER PARK ROADWAY IMMEDIATELY NORTH OF BAL HARBOUR VILLAGE; DIRECTING THE VILLAGE MANAGER TO CONFER WITH THE COUNTY TO SECURE ENCHANCED TRAFFIC ENFORCEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, IN OPPOSITION TO THE TOWN OF SURFSIDE'S CLOSING BAY DRIVE AT 96TH STREET AND/OR OTHER TRAFFIC MITIGATION MEASURES; AND DIRECTING THE VILLAGE MANAGER TO APPEAL TO MIAMI-DADE COUNTY AND OTHER AGENCIES WITH JURISDICTION TO PREVENT SUCH CLOSURE AND/OR TRAFFIC MITIGATION MEASURES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE MOTION: A Motion to pass the Consent Agenda was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (5-0). Bat Harbour Village Council Regular Meeting Minutes — April 20, 2021 P a g e 13 R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 5, "ANIMALS," SECTION 5-7, "CONTROL OF DOGS," OF THE CODE OF ORDINANCES RELATED TO DOG LEASH REQUIREMENTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that, at the first hearing, the ordinance was amended to restrict the length of a leash to six feet and to prohibit retractable leashes in all areas of the Village except for the Gated Community and to require a written warning for a first violation. Lauren Koplowitz (177 Bal Cross Drive) asked for clarification of the penalties to which Mayor Groisman said that first there would be a written warning, then fines. MOTION: A Motion to pass the Ordinance on second reading was moved by Councilman Jeffrey Freimark and seconded by Councilman David Albaum. Council Sklar asked for clarification for why the ordinance did not apply to inside the Gated Community, to which Mr. Gonzalez responded that, at first reading, the ordinance only applied to the Beach Path, and after a conversation of whether or not to have it apply Village -wide, the Council compromised at outside the Gated Community. ROLL CALL VOTE Mayor Gabriel Groisman No 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 (4-1) with Mayor Groisman voting against. Mayor Groisman suggested that a future discussion should be bookmarked to discuss updating signage on the Beach Path. R5B AN ORDINANCE OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 "ZONING" OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-358 "WALLS, FENCES AND LANDSCAPE PLANTINGS" TO DEFINE AND REGULATE PERIMETER WALLS AND FENCES SURROUNDING THE GATED RESIDENTIAL SECTION OF THE Bal Harbour Village Council Regular Meeting Minutes — April 20, 2021 P a g 14 VILLAGE; PROVIDING FOR INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item explaining that the ordinance sets the height of the perimeter wall adjacent to the Village Park west of Bal Bay Drive and does not apply to residential homes or the B Business District. There were no comments from the public. MOTION: A Motion to pass the Ordinance on Second reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Buzzy Sklar. 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), R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 8 "ELECTIONS" OF THE VILLAGE'S CODE OF ORDINANCES DEFINING PROCEDURES FOR CHARTER CHANGES BY VILLAGE COUNCIL AND CHARTER CHANGES BY PETITION OF ELECTORS; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that the item was introduced as a discussion item late last year to address an ambiguity in the Village Code with respect to Charter Amendment petitions. He provided a summary of the steps that would be required under the proposed ordinance, adding that this ordinance mirrored the steps and requirements listed in the Village Charter for Initiative/Referendum petitions. Assistant Mayor Salver asked that Section 8-13.4(a) be clarified to read that the resolution would be presented to the Village Council at its "next regular meeting" following the Village Clerk's certification. Councilman Sklar asked for clarification for why the Village Attorney does not weigh in on legal sufficiency prior to the petition being distributed, to which Mr. Gonzalez responded that during the drafting of the ordinance, it was determined that it would be better that the petition committee's access to the Village Attorney's opinion be voluntary, keeping the Village out of a possible debate until it is known whether or not ten percent of the electorate would approve. Bal Harbour Village Council Regular Meeting Minutes — April 20, 2021 P a g e 1 5 Mayor Groisman asked the Village Attorney to research, before second reading of the ordinance, whether or not it would be possible to require a waiting period, after a failed referendum vote, restricting a committee initiation a new petition for the same question. There were no comments from the public. MOTION: A Motion to pass the Ordinance on first reading was moved by Mayor Gabriel Groisman and seconded by Councilman Buzzy Sklar. 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). R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE FISCAL YEAR 2020-21 BUDGET; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR AMENDMENTS; PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this item puts closure to the Fiscal Year 2020 cycle and provides for carryover of funds, 'primarily for capital projects. He said that the Fiscal Year ended with a $2 million surplus in the general fund and with a net positive of $550 thousand in Resort Tax, and $1 million surplus in the Water and Sewer Utility Fund. He asked the Council to approve the fifty-fifty split for the remaining balance to Capital Reserve and Undesignated Fund Balance with $805 thousand to each. Councilman Sklar congratulated Mr. Gonzalez and his team in making prudent spending decisions in a trying year. Brian Mulheren (10245 Collins Avenue) commended Mr. Gonzalez and Village Staff for doing an excellent job with limited resources saying that is was greatly appreciated. Bat Harbour Village Council Regular Meeting Minutes — April 20, 2021 Pa g e 1 6 MOTION: A Motion to pass the Resolution was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Regarding Term Limits - Mayor Groisman Mayor Groisman introduced the item providing a brief history of compensation for Council members, and a how a recent increase could be used as an incentive for residents to run for Council. He said that residents may be reluctant to run against an incumbent and said that he would be in favor of instituting a two -term limit. Councilman Freimark noted that according to the data presented, there does not appear to be active participation, adding that there is nothing that prevents anyone, who desires to run, to run. Councilman Sklar said that it is easy to run when a seat is open and if someone truly wants to be on the Council, and be involved in government, let them make an effort, to which Councilman Albaum and Assistant Mayor agreed. The following to items were discussed concurrently. R9B Discussion Regarding Potential Ways to Protect the New Sand being Placed on our Beaches (Follow -Up) - Mayor Groisman R9E Discussion Regarding an Update on Beach Renourishment - Councilman Sklar Mayor Groisman introduced the items saying that he had been approached by a company that was offering a new technology for protecting beach sand. Mr. Gonzalez said that the Village's engineer, Danielle Irwin, had reviewed the technology and had determined that the Village's beach would not be a suitable test site. Ms. Irwin added that the product was best suited for low -energy beaches, which the Bal Harbour Beach is not low energy. She said that in the near and long term, the Army Corp and Florida Inland Navigation District (FIND) nourishment activities, and more importantly, the bypass project would be a reasonable expectation for managing the beaches in the long term. Mayor Groisman asked who waS slated to pay for the relocation of sand from Haulover to Bal Harbour, to which Ms. Irwin responded that it has not yet been identified. Mayor Bal Harbour Village Council Regular Meeting Minutes — April 20, 2021 P a g e 17 Groisman then asked what the Village could do to have the County more engaged in managing escarpments and hot spots. Mr. Gonzalez suggested that keeping the County focused on renourishment plan and for the long term, securing bypass infrastructure funding was his recommended approach. Ms. Irwin added that the bypass project should yield 36,900 cubic yards per year aided by the he north jetty (Haulover) project. Mr. Gonzalez then provided an overview of the time schedule for project. R9C Discussion Regarding Contribution to the Homeless Trust from the Resort Tax - Councilman Albaum (Withdrawn) R9D Discussion Regarding an Update on the Village's Recycling Program - Councilman Sklar Councilman Sklar introduced the item saying that people don't realize that throwing a pizza box into a recycle bin contaminates all the recycle materials in the bin and that he would like to see the scope of what can be recycled narrowed so that it is clearer for residents. Mayor Groisman said that recycling in Florida is generally difficult due to moisture and agreed that recycling should be done in a way that works. John Oldenburg, Director of Parks and Public Spaces, said that the waste haulers do recycle all of the material, but that recycle material placed in plastic bags is not, and is treated as garbage. He said that cardboard needs to be broken down. Mr. Oldenburg said that conversations with the buildings and the Civic Association have improved, but continuous education and outreach is necessary. Councilman Sklar reiterated that he would like to see a narrower scope of what material is recycled. Mayor Groisman add that delivery boxes have become an issue that should be considered for special treatment. Mayor Groisman asked if the Council could receive feedback from our recycling company. R9F - PUBLIC COMMENT Penny Sepler (10275 Collins Ave.) asked if a decision had been made as to whether residents could attend Council Meetings in person. She then addressed the Council's discussion on term limits, saying that it should be further explored, as well as the topic of redistricting. R1 0 - VILLAGE MANAGER REPORT R1 OA Update on Village's Efforts Pertaining to the Coronavirus (COVID-19) Bal Harbour Village Council Regular Meeting Minutes — April 20, 2021 Page 1 13 Dwight S. Danie, Village Clerk Mr. Gonzalez provided an update on COVID-1 9 saying that positive cases were declining and vaccinations were increasing in Miami -Dade County. A general discussion ensued regarding having in -person meetings with a general consensus that it should be opened up with appropriate social distancing and protocols, and the ability for residents to continue attending virtually, if they choose to do so. It was suggested that pre -registration should be continued. R1 1 - VILLAGE CLERK REPORT R1 1A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT: The meeting was adjourned at 8:52 PM. or Gabriel Groisman Bal Harbour Village Council Regular Meeting Minutes — April 20, 2021 P a g e 1 9