HomeMy Public PortalAbout2019-09-17 Regular MeetingiMayor Gabriel Groisman
Assistant Mayor Seth E. Salver
'..'Co,-uncilman DavidJ. Albaum
Councilman Jeffrey P. Freimark
Councilman Buzzy Sklar
BAL HARBOUR
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota
Helfman Cole & Bierman, P.L.
Bal Harbour Village Council
Second Budget Hearing & Regular Village Council Meeting Minutes
September 17, 2019
At 7:00 PM
Bal Harbour Village Hall 655 - 96th Street 9 Bal Harbours Florida 33154
CALL. TO ORDER/ PLEDGE OF ALLEGIANCE- Mayor Groisman called the meeting to order
at 7:04 PM.
The following were present:
Mayor Gabriel Groisman
Assistant Mayor Seth Salver
Councilman David Albaum
Councilman Jeffrey Freimark
Councilman Fuzzy Sklar
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Susan Trevarthen, Village Attorney
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
There were no requests.
Ms,. Trevarthen announced that Councilman Sklar had pointed out that the title of Agenda
Item C7A should be corrected to say 2COP License instead of 11 C License.
The Budget Hearing Items were then considered at 7:06 PM.
PA1 Seaweed Presentation - Miami -Dade County
This item was presented at 7:12 PM after the Second Budget Hearing. Sally Heyman,
Miami -Dade County District 4 Commissioner (1 1 1 NW 1 st Street, Miami) Ms. Trevarthen in
her efforts regarding whistleblower protection, then provided a brief update of District 4
projects, including the temporary closure of the Skate Park for repairs and enhancements,
and the proposed option for the Village Clerk to remit payments to the Village for non-
moving violations. She praised Chief Raleigh Flowers for his work with civil citation
rulemaking.
Ms. Heyman that described on -going efforts to in seaweed mitigation and introduced Lee
Hefty (Department of Environmental Resources Management), and Maria Nardi (Director
for Miami -Dade County Parks).
Ms. Nardi described the collaborative efforts of multiple agencies in addressing the
seaweed issue in Miami -Dade County. She said that not of the test conducted show that
there is a health risk. She said that DERM has received an annual permit and a special
condition permit for heavy equipment during turtle season.
Councilman Sklar said that he has read that there are trace elements of arsenic and other
heavy metals in the seaweed and asked if tests for these were being conducted, to which
Mr. Hefty responded that only the air was being tested and added that he could collect
and test sand samples.
Councilman Albaum asked for how long the funding that the County has received would
be budgeted, to which Mrs. Nardi responded for approximately eight months.
Mayor Groisman described the creation of a steep step caused beach erosion that has
created a safety issue on the Beach. John Oldenburg (Director of Parks and Public Spaces)
described the daily efforts for beach grading. Mr. Hefty said that if there is enough sand
on the beach, regrading is possible, otherwise beach renourishment would be helpful.
Mayor Groisman asked if there was a process in place to control emergency hotspots for
dangerous conditions, to which Ms. Nardi said that DERM would require a permit from the
State and Feds for heavy equipment.
There was a general consensus to coordinate, in the next two weeks, an effort by DERM,
Parks and the Village, to investigate the beach condition and find a solution to enhance
public safety.
Mr. Hefty then described the $158 million in Federal funding from a bi-partisah budget act
that will be used for beach renourishment. And he described the status of the sand bypass
project.
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CONSENT AGENDA
C6A - COUNCIL MINUTES
C7 - CONSENT AGENDA RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING
OFFICIAL THAT THE LA PASTILLA LLC, DBA KING DAVID CUISINE
APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC
BEVERAGES AND TOBACCO FOR AN 11 C LICENSE IS COMPATIBLE WITH
THE VILLAGE ZONING REGULATIONS; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C713 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
HURRICANE IRMA; RATIFYING THE VILLAGE MANAGER'S ACTIONS TAKEN
PURSUANT TO HIS POWERS UNDER THE VILLAGE STATE OF EMERGENCY
AND THE FLORIDA GOVERNOR'S EXECUTIVE ORDER 17-235 DECLARING
A STATE OF EMERGENCY FOR THE STATE OF FLORIDA FOR HURRICANE
IRMA; PROVIDING FOR AN EFFECTIVE DATE.
MOTION: A Motion to pass the Consent Agenda was moved by Assistant Mayor Seth
Salver 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 6 "BUILDINGS AND BUILDING REGULATIONS," AT ARTICLE II "
PERMITS AND INSPECTIONS" OF THE VILLAGE'S CODE OF ORDINANCES
TO REVISE SECTION 6-42 " CONSTRUCTION ACTIVITIES IN THE SECURITY
DISTRICT OF RESIDENTIAL SECTION" TO PROVIDE FEES RELATED TO
CONSTRUCTION ACTIVITIES TO FUND ENHANCED SECURITY, ROAD,
AND OTHER IMPROVEMENTS RELATED TO CONSTRUCTION ACTIVITIES;
PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND FOR
AN EFFECTIVE DATE. (Second Reading)
Mr. Gonzalez introduced the item saying that, through the budget process, the Civic
Association had requested that the Village reinstitute a fee, which had been in place until
two years ago, on all construction projects within the Residential Section. He said that the
Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting P a g e 1 3
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fee would apply to projects that would cost over $100 thousand and would be equal to
one half of one percent (.5%) of the construction value to be deposited in the Gated
Community Fund.
There were no comments from the public.
Councilman Sklar reiterated his opinion that these fees should be collected and
administered by the Civic Association.
MOTION: A Motion to pass the Ordinance on second reading was moved by Assistant
Mayor Seth Salver and seconded by Councilman David Albaum.
ROLL CALL
Yes
No
Mayor Gabriel Groisman
X
Assistant Mayor Seth E. Salver
X
Councilman David J. Albaum
X
Councilman Jeffrey P. Freimark�x�
Councilman Buzzy Sklar
I X
VOTE: The Motion passed by unanimous roll call vote (4-1) with Councilman Buzzy Sklar
voting against.
SECOND BUDGET HEARING
These items were heard, beginning at 7:06 PM, at the beginning of the meeting.
R7 - BUDGET RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ADOPTING THE FINAL MILLAGE RATE OFTHE VILLAGE FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 2019 THROUGH SEPTEMBER
30, 2020, PURSUANT TO SECTION 200.065, FLORIDA STATUTES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
Mr. Gonzalez read the State -required budget statement and asked that the presentation
from the October 10, 2019 First Budget Hearing be incorporated into the record.
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 Seth Salver.
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VOTE: The Motion passed by unanimous voice vote (5-0).
R7113 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE,
FLORIDA, APPROVING AND ADOPTING THE FINAL BUDGET AND CAPITAL
IMPROVEMENT PLAN FOR BAL HARBOUR VILLAGE FOR FISCAL YEAR
2019-20; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Gonzalez read the State -required budget statement and again asked that the
presentation from the October 10, 2019 First Budget Hearing be incorporated into the
record.
Babak Raheb (128 Balfour Drive) stated his objection that the Village does not have the
authority to assess a special district unless it is authorized for Miami -Dade County, and said
that all assessments must be used for a public purpose, not for a private entity.
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).
REGULAR COUNCIL MEETING AGENDA
R7 - REGULAR COUNCIL MEETING RESOLUTIONS
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A DONATION OF $50,000 FROM FISCAL YEAR
2019-2020 RESORT TAX FUND BALANCE TO THE MIAMI-DADE HOMELESS
TRUST FUND; DIRECT STAFF TO INCLUDE DONATION AS A RECURRING
EVENT EXPENSE IN FUTURE YEARS, TO BE APPROVED ANNUALLY
THROUGH THE BUDGETARY PROCESS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
This item was heard at 7:53 PM after Agenda item RSA.
Mr. Gonzalez introduced the item that was in front of the Council per direction of the
Council during its October 10, 2019 meeting.
Mayor Groisman thanked Councilman Albaum and Councilman Freimark for their efforts
in bringing this item to the Council.
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Minutes — September 17, 2019
Steve Greenburg (9930 Collins Avenue) asked if there was a time limit for the funds and
whether or not there would be some oversight on how the funds are used, to which Mayor
Groisman said thatthe funding would be reviewed annually as part of the budget process.
Victoria Mallette (Executive Director, Miami -Dade County Homeless Trust) said that she
would follow-up on how the funds were being used with the Village.
Councilman Sklar reiterated his concern that the donation of public money for donations
could be a slippery slope.
Mayor Groisman and Assistant Mayor Salver expressed their support of the Homeless Trust
and their efforts in tackling the issue of homelessness.
MOTION: A Motion to pass the Resolution was moved by Councilman David Albaum and
seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE AGENDA
FOR THE 2020 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR
IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez provided a brief history of the item explaining that the list in front of the
Council was compiled by Ron Book, lobbyist for Bal Harbour Village.
Mayor Groisman added that previously the Mr. Book had prepared a much longer list for
multiple municipalities, and the focus by the Village on a short list has helped identify
whether or not Village priorities were being achieved. He said that the issue for home rule
is a primary legislative priority for the League of Cities at the County and the State Level,
and that reasonable gun control and homeless issues should not be the Village's priorities.
Mr. Gonzalez suggested moving the beach renourishment issue to a lower priority, in that
it is not a money ask, but a desire to move the project along in accepting the project and
plan.
Councilman Freimark suggested removing the funding language for items 4 and 5 on the
list.
There were no comments from the public.
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Minutes — September 17, 2019
MOTION: A Motion to amend the Legislative Agenda list, striking Items 1, 6, and 7, to
strike the parentheticals (funding language) from Items 4 and 5, and reversing Items 4
and 5 was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey
Freimark.
VOTE: The Motion to amend passed by unanimous voice vote (5-0).
MOTION: A Motion to pass the Resolution as amended was moved by Mayor Gabriel
Groisman and seconded by Assistant Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote (5-0).
WE A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; EXPRESSING THE VILLAGE'S OPPOSITION TO OFFSHORE
DRILLING ACTIVITIES, INCLUDING SEISMIC AIRGUN BLASTING;
PROVIDING DIRECTION TO VILLAGE OFFICIALS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying that it was in front of the Council as a result of a
discussion item led by Councilman Sklar and further direction by the Council. Councilman
Sklar added that this is a preemptive strike wherein Bal Harbour Village would be joining
in with 300 municipalities.
Catherine Udin (Oceana - 1120 Lion Tree Street, Hollywood) described her organizations
efforts in the opposition of off -shore drilling and seismic air gun blasting, and the risk
involved in neglecting coastlines.
Cristina Boeri (432 W 29th Street, Miami Beach), member of Surfrider Foundation,
expressed her concerns regarding offshore drilling and seismic air gun blasting and spoke
in favor of the resolution.
Brad Hallock (431 W 29th Street, Miami Beach) spoke in favor of the resolution, saying that
it is necessary to understand the value of the ocean.
Mayor Groisman acknowledged that the resolution was preemptive in that no offshore
drilling is occurring in Southern Florida, but cautioned that being that the economy is
reliant on oil and gas, that we shouldn't just be practicing NIMBY (Not In My Back Yard).
MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and
seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (5-0).
Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting F 17
Minutes — September 17, 2019
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion Item -Building Beyond the Building Restriction Line in the Ocean
Front District
Mr. Gonzalez introduced the item saying that representatives of the Tiffany had
approached the Building Department seeking a build gym beyond the building control
line which the Village Code defines what can be built. He said that it would not likely meet
the hardship requirements of a variance, an ordinance text amendment adding gym could
be a solution.
R913 - PUBLIC COMMENT
Juan Linares, Building Architect (1600 South Dixie Highway, Boca Raton) described the
existing and proposed use.
Mr. Gonzalez added thatthe project would be reviewed by the Architectural Review Board
after having been properly noticed.
Councilman Freimark asked for clarification of the uses in the existing spaces, to which Mr.
Linares provided renderings of the existing and proposed space.
There was a general consensus from the Council to provide direction to the Manager to
bring the item back to Council, and providing appropriate notice to all the buildings on
the beachfront, and maintaining the prohibition of overnight accommodations.
Steve Greenburg (9930 Collins Avenue) agreed that Councilmembers should walk to the
beach to review existing conditions and suggested that this item should be considered
when the residents after the summer season. He added that it is time to reconsider having
term limits and a ten-year freeze on council pay raises.
R10 - VILLAGE MANAGER'S REPORT
R11 - VILLAGE CLERK'S REPORT
Lobbyist Report
R12 - VILLAGE ATTORNEY'S REPORT
Ms. Trevarthen provided an update on the single -use plastics ordinance and the decision
on the case with Coral Gables, suggesting either delay enforcement or amending the
ordinance. She added that Coral Gables has invited cities to filing or signing onto an
amicus brief as their case heads to the Supreme Court.
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Having spoken with the Village Attorney, Councilman Sklar suggested keeping the plastic
bags prohibition intact, but not enforce it, and said that he would prefer to take a backseat
and monitor the Supreme Court before joining in a brief.
Mayor Groisman agreed with monitoring the litigation and said that he was concerned with
the plastic bags language staying intact.
Ms. Trevarthen stated there is a statute that allows people to file for attorney's fees, costs
and damages if enforced, but if there is no enforcement there are no damages that can be
claimed.
Mayor Groisman said that the Village could be sued for injunctive relief and that that it is
question of risk, and suggested modifying the ordinance.
There was a general discussion regarding whether or not the Village would have sufficient
time after receiving official notice, to pass an ordinance removing the plastic bag
prohibition. There was a general consensus to leave the ordinance intact, but not enforce
the plastic bag prohibition, and if a notice is received, immediately bring forth an
ordinance to amend the language, and to not be part of the amicus brief.
Mayor Groisman described his meeting with Sasha Olsen, a 10-year old Bal Harbour
Village resident and student at Pinecrest, who started a project called "I Want My Ocean
Back."
END OF REGULAR AGENDA - The meeting was adjourned at 8:
Mavdr Ga}zlriel Groisman
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Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting Page 19
Minutes — September 17, 2019