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HomeMy Public PortalAbout2021-07-20 Regular MeetingBAL HARBOUR - VILLAGE - Mayor Gabriel Groisman Vice 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 July 20, 2021 At 6:30 PM Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154 This meeting was conducted in -person and virtually via "Zoom" in order to minimize exposure to the Coronavirus 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 called the meeting to order at 6:35 P.M., following the General Employees Retirement Board meeting. The following were present: Mayor Gabriel Groisman Vice 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 Trevarthen, Village Attorney The Pledge of Allegiance was led by Mayor Groisman. Councilman Albaum thanked Mayor Groisman, Village Staff, the Bal Harbour Village Police Department and Raj Singh, for their outstanding efforts and time spent in assisting the Town of Surfside and its residents in responding to the Champlain Tower South building collapse. Mayor Groisman commended Police Chief Raleigh Flowers, Lieutenant Oscar Amago and the entire police squad, saying that he couldn't have been prouder of their professional conduct, and their show of compassion in responding to the crisis, by assisting and coordinating with Surfside and Bay Harbour Islands and the broader community. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Mayor Groisman said that he had attended a meeting with the County League of Mayors where all municipalities had been asked to support, by passing a resolution, the pursuit of democratic freedoms by the people of Cuba. MOTION: A Motion to add a resolution item to the Agenda, supporting the people of Cuba was moved by Mayor Gabriel Groisman and seconded by Vice Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). PRESENTATIONS AND AWARDS PA1 Certificate of Appreciation - Barry Miller - ARB Mayor Groisman awarded Barry Miller, Landscape Architect, a Certificate of Appreciation for his three and a half years of service to Bal Harbour Village as member of the Architectural Review Board. PA2 Resort Tax Update Trip Barrett, Chief Marketing Officer and Director of Tourism, and Nikolai Ursin, Resort Tax Committee Chair, provided the biannual Resort Tax Update. Mr. Barrett described the impact of Covie19, requiring the Village to pivot to the domestic market and outdoor dining. He said that the revenues have been record over the last six months. Mr. Ursin reviewed the activities of the Resort Tax Committee over the last year, in adjusting to Covid19 and resulting international travel restrictions. Mr. Ursin described the components funded by the Resort Tax, including public relations, media -worthy activations, and the preservation of beautification and safety. He said that the Museum Access Program, Public Art and the Culinary programs set Bal Harbour apart from other communities. Mayor Groisman said that it would be great to do engage the residents more, to which Mr. Ursin said that the Committee is mindful of that, and the hotels do offer special amenities to the residents. Councilman Sklar asked what the occupancy rates are currently, to which Mr. Ursin said that typically summer is slower as other markets step in. Councilman Sklar suggested putting a hold on the South American Fam until there are conclusive reopening dates, to which Mr. Gonzalez said that it was more strategic to currently focus on PR for press and media attention. Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Pagel 2 CONSENT AGENDA C6 - COUNCIL MINUTES C6A June 15, 2021 Village Council Meeting Minutes C7 - CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE VILLAGE MANAGER'S DECLARATION, EXTENSION AND TERMINATION OF A STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC; RATIFYING THE ORDERS AND ACTIONS TAKEN BY THE VILLAGE MANAGER, HIS DESIGNEES, AND ANY EMPLOYEE, OFFICIAL OR AGENT OF THE VILLAGE PURSUANT TO THE VILLAGE STATE OF EMERGENCY AND THE GOVERNOR'S EXECUTIVE ORDER 20-51 DECLARING A COVID-19 STATE OF EMERGENCY FOR FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, CONFIRMING THE VILLAGE MANAGER'S DECLARATION OF A LOCAL STATE OF EMERGENCY ISSUED ON JUNE 28, 2021, DUE TO THE BUILDING COLLAPSE OF THE RESIDENTIAL BUILDING CHAPLAIN TOWERS SOUTH CONDOMINIUM LOCATED AT 8777 COLLINS AVENUE; PROVIDING FOR THE TERM OF THE LOCAL STATE OF EMERGENCY; PROVIDING FOR RATIFICATION; PROVIDING FOR AUTHORIZATION AND IMPLEMENTATION; AND FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING NATHAN VANDEMAN TO THE ARCHITECTURAL REVIEW BOARD (ARB); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE EXECUTION OF AN AMENDMENT TO THE 2018 ENGAGEMENT LETTER WITH WEISS SEROTA HELFMAN COLE & BIERMAN, PL TO SERVE AS VILLAGE ATTORNEY FOR BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN INCREASE IN THE COMPENSATION FOR SUCH SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING SUPPLEMENTAL FUNDING TO THE JOHN BELL CONSTRUCTION AGREEMENT FOR ADDITIONAL WORK COMPLETED RELATED TO THE BAL HARBOUR VILLAGE PARKS AND PUBLIC SPACES Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 13 OPERATIONS FACILITY REMODELING PROJECT IN THE AMOUNT OF THIRTY THOUSAND ($30,000) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE PROPOSAL FROM HYDRA SERVICE, INC., FOR THE PURCHASE OF ONE SULZER/ABS SUBMERSIBLE SANITARY SEWER PUMP MODEL NO. XFP 155J-CB2-PE860/4, AT A COST NOT TO EXCEED FORTY TWO THOUSAND EIGHT HUNDRED TWENTY EIGHT ($42,828) DOLLARS; AUTHORIZING THE VILLAGE MANAGER TO PURCHASE UP TO THREE ADDITIONAL SANITARY SEWER PUMPS FOR SANITARY PUMP STATION NUMBER ONE (PS -1) OR SANITARY PUMP STATION NUMBER TWO (PS -2) AS REQUIRED TO MAINTAIN EFFECTIVE SANITARY PUMP STATION OPERATIONS; SUBJECT TO ANNUAL BUDGET ALLOCATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING PROPOSAL NO. 05651 FROM BARNEY'S PUMPS, INC. FOR THE REPLACEMENT OF A FAIRBANKS MORSE STORM WATER STATION PUMP SERIAL#732-BEM, INCLUSIVE OF FREIGHT COSTS NOTTO EXCEED SIXTY-FOUR THOUSAND TWO HUNDRED ($64,200) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH JRD & ASSOCIATES, INC. TO PROVIDE CONSULTING SERVICES FOR THE ANALYSIS AND REASSESSMENT OF BUILDING PERMIT FEES FOR A TOTAL AMOUNT NOT TO EXCEED FORTY THOUSAND ($40,000) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7I A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF A UNITY OF TITLE BY BH RE VENTURES LLC, IN THE R-2 SINGLE FAMILY RESIDENTIAL DISTRICT OF THE VILLAGE, LOCATED AT 101 BISCAY DRIVE AND 260 BAL CROSS DRIVE, BAL HARBOUR, FLORIDA 33154, TO COMBINE TWO LOTS INTO ONE LOT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C7J A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND FUSEIDEAS, LLC FOR THE PURPOSE OF PROVIDING WEBSITE SERVICES UNDER ONE UNIFIED CMS PLATFORM ATA COST NOT Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 14 TO EXCEED $145,000 FOR THE FIRST YEAR AND HOSTING AND MAINTENANCE SERVICES FOR THE REMAINDER OF THE AGREEMENT AT A COST NOT TO EXCEED $18,950 ANNUALLY; APPROVING AN INITIAL TERM OF THREE YEARS AND A RENEWAL OPTION FOR UP TO TWO ADDITIONAL ONE YEAR TERMS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE C7K A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A STATEWIDE MUTUAL AID AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7L A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SUPPORTING AND UNITING IN SOLIDARITY WITH THE CUBAN PEOPLE'S PURSUIT OF DEMOCRATIC FREEDOMS; JOINING WITH OTHER SOUTH FLORIDA COMMUNITIES TO URGE THE UNITED STATES GOVERNMENT TO REINFORCE ITS COMMITMENT TO THE CUBAN PEOPLE'S QUEST FOR DEMOCRACY AND DEMOCRATIC INSTITUTIONS; PROVIDING FOR INSTRUCTIONS TO THE VILLAGE CLERK; PROVIDING FOR AN EFFECTIVE DATE. (Supplemental Agenda Item) MOTION: A motion to approve the Consent Agenda was moved by Vice Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING ARTICLE II "LOCAL BUSINESS TAX" OF CHAPTER 9 "BUSINESS REGULATIONS AND BUSINESS TAX" OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES; PROVIDING FOR AN INCREASE IN CERTAIN BUSINESS TAXES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez described the ordinance saying that the Local Business Tax can only be adjusted up to five percent once every other year, and that this adjustment would add an additional $35,000. He said that when the item was brought before the Council last year, the Council chose not to pass the ordinance due to impact that COVID19 restrictions had placed on business. Councilman Freimark said that the Council made right decision last Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page15 year and that he would now be supportive implementing it this year. Councilman Sklar agreed, adding that he had looked at the numbers and he thought it was fair. There were no comments from the public. MOTION: A Motion to pass the Ordinance on First Reading was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. ROLL CALL VOTE Mayor Gabriel Groisman Yes Vice 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; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR 2021-22; AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that the Property Roll had decreased by approximately a negative .3%, adding that the numbers will get further adjusted as petitioners seek relief from the Value Adjustment Board. He said that the result would be a decrease of about $25,000 that could be dealt with through the budget process, and suggested keeping the millage rate flat of 1.9654 mills. He noted that the ordinance also sets the budget hearing dates for September 13 and September 23. MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and seconded by Vice Mayor Seth Salver. There were no comments from the public. VOTE: The Motion passed by unanimous voice vote (5-0). Mayor Groisman then placed Agenda Item R7C on the table for discussion. Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 1 6 R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE FIRST RANKED FIRM, RODRIGUEZ PETERSON & PORRAS ARCHITECTS IN COLLABORATION WITH ZAS ARCHITECTS FOR THE PROVISION OF ARCHITECTURAL, ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE CONSTRUCTION OF THE NEW BAL HARBOUR VILLAGE HALL; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND RANKED FIRM, ZYSCOVICH ARCHITECTS IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE FIRST RANKED FIRM; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE THIRD RANKED FIRM, WOLFBERG ALVAREZ & PARTNERS, IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE SECOND RANKED FIRM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item was heard at 7:34 PM following Agenda Item R7D. Mr. Gonzalez introduced the item saying that a new Village Hall on the Fairfield site was one of the public benefits included as part of the development agreement with the Bal Harbour Shops. He described the steps starting with a design process culminating in a Basis of Design report which would be brought back to the Council, followed by construction drawing development. He said that construction could then start in November of 2024. He described the CCNA (Consultants Competitive Negotiation Act) that stipulates that a Request for Qualifications process be conducted, and that this process met all the requirements of the Act. Councilman Sklar asked how the firms were ranked, to which Mr. Gonzalez said that the criteria is established statutorily. Matilda Reyes, Capital Program Manager, added that the RFQ had two phases of ranking. Orestes Rodriguez, Principal, Rodriguez Peterson & Porras Architects, Inc. and Paul Stevens, Zas Architects and Interiors, introduced themselves, presented their vision, described their experience and knowledge and what they would be bringing to project within their proposed timeline. Other team members introduced themselves and described their firms and their experience: Jenny Rogers (Curtis and Rogers), Andy Sullivan (McNamara Salvia Structural Engineers), Jonathan Burges (Spinnaker Consulting Group), and Michael Vasquez (Fortin, Leavy, Skiles, Inc.). Vice Mayor Salver asked if the firms had collaborated in the past to which Mr. Stevens responded that they had teamed up for this project. Mayor Groisman asked who would be the lead on the design, to which Mr. Rodriguez responded he would be the prime consultant and the lead project architect and that Mr. Stevens would be the lead project designer. Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 17 Mayor Groisman commended Mr. Gonzalez and his team for the work they had done on bringing this item to the Council. MOTION: A Motion to approve the resolution was moved by Mayor Gabriel Groisman and seconded by Councilman Buzzy Sklar. Councilman Freimark said that he would be voting against the item in that he didn't come away with the complete sense that he would have hoped to come away from in terms of this project and the importance of this project. Councilman Albaum agreed with Councilman Freimark saying that he did not come away with a warm and fuzzy feeling. Penny Sepler (10275 Collins Avenue) said that she somewhat agreed with Councilman Freimark and Councilman Albaum, adding that when Mikyoung Kim presented, there was more enthusiasm, adding that it was no necessarily a requirement. Councilman Sklar asked why only the top rated firm was presenting to the Council adding that he didn't think the process was fair. Mr. Gonzalez said that this is the process is the same process that the Village has previously used. He said the selection of the architect is the Council's Councilman Freimark said that he was not critical of the process, but he would be supportive of the second -ranked firm at the next Council meeting. Councilman Albaum said that this project was too important not to have a great feeling about it. Mayor Groisman rescinded his original Motion, to which Councilman Sklar agreed. MOTION: A motion to defer the resolution until the next Council meeting at which the top three ranked firms would have the opportunity to present was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH MIKYOUNG KIM DESIGN FOR THE PROVISION OF ADDITIONAL ALTERNATIVE STRUCTURAL ENGINEERING SERVICES BY MOFFAT & NICHOL, INC., IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-EIGHT THOUSAND FIVE HUNDRED FORTY-SEVEN DOLLARS ($148,547); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 18 This item was heard at 7:15 PM following Agenda Item R7A. Mr. Gonzalez described the item saying that although seventy-five percent of the documents required for permitting have been submitted, Mikyoung Kim was not satisfied with the performance and the approach offered by the structural engineer and had recommending switching to the Moffat & Nichol team which had been serving as a peer review. Mayor Groisman asked Mr. Gonzalez if he thought this was the right move, to which Mr. Gonzalez said that both firms were good, that he had spoken with both firms, and that the approach that the current firm, Coastal, was taken could drive up the cost of the project. MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. There were no comments from the public. VOTE: The Motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE PURCHASE OF VEHICLES AND EQUIPMENT FOR THE VILLAGE POLICE IN THE AMOUNT OF TWO HUNDRED SEVENTY- THREE THOUSAND THREE HUNDRED AND SIXTY DOLLARS ($273,360); AND APPROVING THE PURCHASE OF A VEHICLE FOR THE PARKS AND PUBLIC SPACES DEPARTMENT IN THE AMOUNT OF THIRTY-SIX THOUSAND SEVEN HUNDRED AND NINETY-SIX DOLLARS ($36,796); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that the fleet was revamped about eight years ago, and since four years ago, funds have be set aside for a fleet replacement system. He said five of the vehicles need replacement. He said that this item would also allow for the purchase of a vehicle for the Parks and Public Spaces Department. He said one or two of the current vehicles may be kept, but the rest would get sold as residual, the value of which would go into the fleet replacement system. MOTION: A Motion to pass the Resolution was moved by Councilman Jeffrey Freimark and seconded by Vice Mayor Seth Salver. There were no comments from the public. VOTE: The Motion passed by unanimous voice vote (5-0). Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 19 R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding building recertification process - Vice Mayor Seth E. Salver and Councilman Jeffrey P. Freimark (8:41 PM) Mr. Gonzalez introduced Eliezer Palacio, the Village's new Building Official, then provided an overview of the Miami -Dade County requirements regarding the Forty -year Recertification of buildings. He said that the requirements are unique to Miami -Dade and Broward counties and has not yet been incorporated into the Florida Building Code. He said the required inspections are primarily visual, and is not be taken as a silver bullet, in that certified buildings could have issues, and uncertified buildings could be fine. He said a courtesy notice was sent to the managers of the Village's 49 buildings that fall under the Code. A reminder of a 90 -day Notice of Inspection Iwas then sent for buildings due in 2020 and 2021 and Final Notice Inspection Letter, with a 30 -day compliance deadline, was sent to those that had past due recertifications. Mr. Gonzalez said that the Building Department also conducted a visible assessment of each of the properties to which Mr. Palacio provided a status report of his assessments, highlighting that he was closely monitoring, and waiting for letters from the Tiffany, whose recertification is due in 2022, and the Plaza, whose recertification is past due. Mayor Groisman expressed his concern that a letter saying had not been received from the Tiffany, saying that it was safe to occupy. Mr. Gonzalez said that emergency actions may be required, maybe closing off specific areas, and that a decision was imminent. Mayor Groisman said that it is important urge to first focus on the underlying structure of a building before spending lots of money on projects that make their properties look nicer. Councilman Sklar asked how the Village would ensure that situations like this do not happen again, to which Mr. Palacio described the process that he would implement, using an inventory, notices, follow-up notices, final notices, and the utilization of the Unsafe Structures Board. Mayor Groisman asked if there was a way to prioritize the inspection/permitting process for buildings going through the recertification process, to which Mr. Palacio said that he would help expedite the process. Mr. Palacio then provided an update of the building on the west side of Collins Avenue. Vice Mayor Salver said that given that 90 percent of the population is affected, the one thing the Council can do is ensure that the problem never happens again. He suggested having a checklist that would help prioritize structural integrity before cosmetics. He Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 1 10 suggested that the Village could send a notice to all the occupants of the building that a recertification is due. Councilman Freimark said that there is going to be some difficulties and overpowering market forces that drive this, starting with insurance. He said that in regards to oversight, there is less incentive for someone to run for a seat on a board. Councilman Sklar said that it is important to be proactive with regards to the Carlton Terrace and what we be going onto the site. R9B Discussion regarding "Pacaso" and fractional share ownership of Single Family Homes - Mayor Gabriel Groisman Mayor Groisman described fractional share ownership and said the homeowners in the Gated Community are very concerned that this is a workaround for short-term rentals. There was a general consensus from the Council to have Village Attorney explore if there was some way to pass an ordinance to ban this in the Village. The Council also asked the Village Attorney to research if there was a way to control the issue of commercial videographers on the Jetty. R9C Discussion regarding the Jetty - Councilman David J. Albaum Councilman Albaum said that he had met with Village Staff to discuss the condition of the Jetty. He said that it was his opinion that it is deteriorating, and given recent accidents, he was concerned that there might be structural problems. He said that there was a consensus from the Staff that the structure was fine. Mr. Gonzalez provided brief history of the construction of the Jetty, and described his discussion with the Village's structural engineer who said that the Jetty is no less safe than it has been over the last several years. He said the existing issues can be fixed, and paint can be used to designate areas of caution. Ms. Reyes provided an update on the permitting process or the new Jetty project saying that it was seventy-five percent complete. R9D Discussion regarding review of Bal Harbour Village support effort related to Surfside tragedy - Councilman Jeffrey P. Freimark This item was discussed with Item R9A. R9E Discussion regarding the effect of Champlain Towers South on Condominium assessed values and potential impact to the FY 2021-2022 Budget - Councilman Jeffrey P. Freimark Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 1 11 Councilman Freimark said that he would expect that there will be a dramatic increase in appeals to the Value Adjustment Board which could have an impact on the Village. R9F Discussion regarding Bay Harbour Islands Bridge opening hours - Councilman Buzzy Sklar Councilman Sklar described an ordinance passed by Miami Beach regarding the 63 Street/Alton Road Bridge where they stopped opening during rush hours. He proposed that the Council consider a resolution to urge Bay Harbour Islands in conjunction with the Coast Guard to do something similar. Vice Mayor Salver noted that Bay Harbour Islands had tried to do this before, but were unable because it is a major intercoastal waterway. Councilman Sklar said would be meeting with Mayor Joshua Fuller, he would be able to gather more detail. There was a general consensus from the Council to have a resolution prepared for consideration. R9G - PUBLIC COMMENT Penny Sepler (10275 Collins Avenue) suggested that the Village take the lead in the 33154 by establishing initiatives that enable people to trust municipal officials and building managers. Neca Logan (64 Camden Drive) suggesting that the Village put aside funds and resources to ensure the wellbeing of first responders. R10 - VILLAGE MANAGER REPORT R1 OA Update on COVID Mr. Gonzalez said that his COVID report was in the Council package and that given that the COVID emergency has expired, it would probably be the last report. Mr. Gonzalez then provided an update of his discussions with representatives of the Bal Harbour Shops, regarding an addendum to the development agreement. He read a letter from the Mathew Lazenby, Bal Harbour Shops CEO, sent in response to an almost -final - offer, adding that he thinks Village is in agreement, subject to some minor tweaking of language a couple of outstanding issues. He said the Shops would rather turn over the deed (Fairfield) and put the funds in escrow at the time of construction rather than at the time of the addendum, unless the Village wants to construct the building. He said that he had ideas on the response and would be talking individually to Councilmembers Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 P a g e 1 12 Mr. Gonzalez said that the Shops was seeking approval of a gate at the northern corner of the property, to which he responded that the request should be to the Council, as a site plan process, and it is not part of the addendum. He reported that in regards to the $500,000 payments due, the Shops is claiming credits for which they say they are entitled, to which he responded that there are provisions in the development agreement to resolve the issue, adding that he also has another idea to move the issue in a positive way. He said is hoping to bring something for the Council to vote on in the September meeting. R1 OB Update on Hurricane Elsa - Emergency Order There was no discussion on this item. R1 OC Update on Champlain Towers South Building Emergency (8:18 PM) Mr. Gonzalez provided an update of the events following the collapse of the Champlain Towers South building in Surfside. He said that Bal Harbour Village played an instrumental role in setting up a family reunification center, traffic management, maintenance of transportation plans, adding that everybody participated assisting the surrounding community. He acknowledged Police Chief Raleigh Flowers for his leadership, the entire police force for its participation, and recognized Raj Singh, General Manager of the Seaview Hotel and resident, for stepping in and offering his hotel for the families and friends affected by the tragedy. Mayor Groisman acknowledged Dolores Mejia, Management Services Administrator, for coordinating the delivery of food and drinks to the building site, and Officer Adrian Gonzalez for his ceaseless dedication to assisting wherever he could. Councilman Sklar commended Councilman Albaum for his participation in help setting up the family reunification center, handing out food and comforting families. Mayor Groisman also commended Surfside Police Chief Julio Yero, Bal Harbour Police Lieutenants Jack Young and Oscar Amago. He also acknowledged Miami -Dade County Mayor Daniella Levine Cave, Governor Ron DeSantis, Senator Jason Pizzo, Senator Lauren Book, and Jared Moskowitz Director of Florida Division of Emergency Management, for their bilateral leadership and support in a unified effort to find as many persons alive as possible and to comfort the families and friends of those affected. R1 OD Update on Discussion with Bal Harbour Shops regarding status of Development Agreement Bal Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 1 13 R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Monthly Report for June 2021 Mayor Groisman announced that the South Florida Symphony Orchestra would be performing at a commemorative concert for those impacted by the Surfside building collapse. He said that the performance would be Sunday, July 25 at 6:00 PM on the beach at 96th Street. Vice Mayor Salver provided an update on the Auditor Selection Committee. ADJOURNMENT- The meeting was adjourned at 8:23 P.M. Gabriel Groisman Dwight S. Danie, Village Clerk Attest: Bat Harbour Village Council Regular Meeting Minutes— July 20, 2021 Page 1 14