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
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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).
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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
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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.
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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.
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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
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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
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