HomeMy Public PortalAbout2021-11-16 Regular Meeting MinutesBAL 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
November 16, 2021
At 6:30 PM
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to
order at 7:40 P.M. following the General Employees Retirement Board and Local
Planning Agency Meetings.
The following were present:
Mayor Gabriel Groisman
Vice Mayor Seth Salver
Councilman David Albaum
Councilman Jeffrey Freimark (by Zoom)
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.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Mayor Groisman said that he would like to withdraw Agenda Item R5B, after it was deferred
by the Local Planning Agency, which had given direction to him, the Village Attorney and
the Village Manager, to work together to figure out a solution that would work for the
Gated Community. Councilman Albaum said that he would also like to withdraw Agenda
Item R9B. Councilman Sklar announced that he had a voting conflict with Agenda Item C7A
and asked that it be pulled from the Consent Agenda to be considered at the end of the
Regular Agenda, in order to recuse himself from the vote.
MOTION: A motion to withdraw Agenda Items R5B and R9B and to pull Agenda Item
C7A from the Consent Agenda was moved by Mayor Gabriel Groisman and seconded by
Councilman David Albaum.
VOTE: The Motion passed by unanimous voice vote (5-0).
PRESENTATIONS AND AWARDS - There were no presentations or awards.
CONSENT AGENDA
C6 - COUNCIL MINUTES
October 19, 2021 Regular Village Council Meeting Minute
C7 - CONSENT AGENDA RESOLUTIONS
This Item was pulled from the Consent Agenda and considered at 8:44 PM following
agenda Item R9A.
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING
OFFICIAL THAT THE NEIMAN MARCUS GROUP, LLC APPLICATION TO THE
STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND
TOBACCO, WHICH CHANGES SERIES FROM A 2COP TO A 4COP LICENSE,
IS COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying that the items was approved by the Building
Official and the Zoning Consultant.
MOTION: A Motion to pass the Resolution was moved by Mayor Gabriel Groisman and
seconded by Vice Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote (4-0).
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF THE UNITY
OF TITLE, SUBMITTED BY MIAMIAN LLC, FOR THE PROPERTIES LOCATED
AT 10101 COLLINS AVENUE, UNITS PH -E AND PH -F, BAL HARBOUR
FLORIDA, 33154, TO COMBINE THE TWO CONDOMINIUM UNITS INTO
ONE CONDOMINIUM UNIT; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF THE UNITY
OF TITLE, SUBMITTED BY NAOMI RAMER, FOR THE PROPERTIES LOCATED
AT 10275 COLLINS AVENUE, UNITS 1218 AND 1219, BAL HARBOUR
FLORIDA, 33154, TO COMBINE THE TWO CONDOMINIUM UNITS INTO
ONE CONDOMINIUM UNIT; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Bat Harbour Village Council Regular Meeting Minutes — November 16, 2021 Page 1 2
C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT WITH L DIAZ DESIGN FOR SERVICES RELATED TO THE
CREATION AND DEVELOPMENT OF CREATIVE COLLATERAL MATERIALS
TO BE USED FOR THE PROMOTION AND MARKETING OF BAL HARBOUR
VILLAGE IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS
($50,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR
VILLAGE AND BROAD CONSULTING FOR THE PURPOSE OF PROVIDING
DESIGN AND ART DIRECTION FOR VILLAGE BRANDING ACTIVITIES AT A
COST NOT TO EXCEED $26,250 ANNUALLY; APPROVING AN INITIAL TERM
OF ONE YEAR AND A RENEWAL OPTION FOR UP TO TWO ADDITIONAL
ONE YEAR TERMS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A MUSIC SERIES WITH THE SOUTH FLORIDA
SYMPHONY ORCHESTRA FOR ELEVEN OUTDOOR CONCERTS IN AN
AMOUNT NOT TO EXCEED $50,000; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE CONSTRUCTION SERVICES AGREEMENT WITH
NAIM DEVELOPMENT, LLC. FOR THE PROVISION OF CONSTRUCTION
RENOVATION SERVICES AT THE GATED RESIDENTIAL COMMUNITY
SECURITY GUARDHOUSE, AT A COST NOT TO EXCEED FIFTY-TWO
THOUSAND FIVE HUNDRED TWENTY-THREE ($52,523) DOLLARS,
INCLUSIVE OF A SEVEN PERCENT (7%) CONSTRUCTION CONTINGENCY
ALLOCATION IN THE AMOUNT OF THREE THOUSAND FOUR HUNDRED
THIRTY-SIX ($3,436) DOLLARS ROUNDED UP TO THE NEAREST DOLLAR;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
MOTION: A motion to approve the Consent Agenda, excluding Agenda Item C7A, was
moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum.
VOTE: The Motion passed by unanimous voice vote (5-0).
Mayor Groisman commended Village Staff on the South Florida Symphony Orchestra
Music Series, saying that it was a fantastic program and on -brand for the Village and
encouraged, and he commended the Bal Harbour Civic Association for their collaboration
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 Page 1 3
with the John Oldenburg, Mike Alvarez and the Village team on the Guardhouse
renovation agreement.
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; CREATING
SECTION 6-43 OF ARTICLE II, "PERMITS AND INSPECTIONS," OF CHAPTER
6 OF THE CODE OF ORDINANCES RELATING TO BUILDING INSPECTION
REPORTS WHICH REFLECT BUILDING CONDITIONS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN
EFFECTIVE DATE.
This item was considered at 7:58, following Agenda Item R9C. Mr. Gonzalez introduced
the item saying that it was the second reading of the ordinance that would provide
transparency to the community in regards to inspection reports. He said that after
consulting with property managers, that he had modified the effective date for a report to
be posted to 30 -days, that only third -party reports would be required to be posted, not
routine maintenance reports, and that the effective date of the resolution would be ten
days after Council approval. There were no comments from the public.
MOTION: A Motion to pass the Ordinance on second reading was moved by Vice Mayor
Seth Salver 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).
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 21 "ZONING" OF THE VILLAGE'S CODE OF ORDINANCES TO
ADD A DEFINITION OF DWELLING AND CLARIFY THE REGULATIONS
APPLICABLE TO DWELLINGS; PROVIDING FOR CODIFICATION,
SEVERABILITY, CONFLICTS, AND FOR AN EFFECTIVE DATE.
This Item was withdrawn.
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 Page 14
R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 8 "ELECTIONS" OF THE VILLAGE'S CODE OF ORDINANCES TO
CLARIFY THE DETERMINATION OF PERSON ELECTED AND THE
UTILIZATION OF A RUN-OFF ELECTION IN THE EVENT OF A TIE VOTE;
PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND FOR
AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item explaining that the Village Charter contains language
regarding that a run-off election shall be held if needed, and that historically, a run-off
election was required if there was a tie -vote. He said that overtime, through several Charter
Amendments, that language became obscure, and now, when the Village Clerk schedules
an election with Miami -Dade County, he needs to also schedule a run-off election, if
needed, and let the County know what exactly would trigger a run-off.
Councilman Sklar said that he did not like the tie being the trigger for a run-off election
and he said that he felt the winner should have a majority vote.
Mayor Groisman said that requiring majority vote may invite people choosing to run only
to prevent a majority vote from occurring.
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 Jeffrey Freimark.
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; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN
AGREEMENT WITH THE NUMBER ONE RANKED PROPOSER, VETTED
SECURITY SOLUTIONS FOR A SECURITY ACCESS CONTROL SYSTEM,
PERIMETER VIDEO MONITORING AND VISITOR MANAGEMENT
ENHANCEMENTS WITHIN THE GATED RESIDENTIAL COMMUNITY IN AN
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 P age 15
AMOUNT NOT TO EXCEED FIVE HUNDRED NINE THOUSAND, FIVE
HUNDRED AND SIX ($509,506) DOLLARS, INCLUSIVE OF A SEVEN
THOUSAND FIVE HUNDRED ($7,500) DOLLAR OWNER'S REPRESENTATIVE
FEE AND A SEVEN PERCENT (7%) CONSTRUCTION CONTINGENCY IN THE
AMOUNT OF THIRTY THREE THOUSAND THREE HUNDRED AND THIRTY
THREE ($33,333) DOLLARS, ROUNDED UP TO THE NEAREST DOLLAR;
AUTHORIZING THE VILLAGE MANAGER TO RETAIN THE SERVICES OF AN
OWNER'S REPRESENTATIVE TO OVERSEE THIS SECURITY SYSTEMS
PROJECT IN THE GATED COMMUNITY; AUTHORIZING THE MANAGER TO
TAKE THE NECESSARY STEPS TO IMPLEMENT CONSTRUCTION AND
OVERSIGHT OF THE SECURITY SYSTEMS PROJECT; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying the proposal represents a state-of-the-art tracking
system, funds for which had been set aside from the Security and Landscape Special
Assessment especially for this purpose. He described the public procurement process
utilized to select the vendor, adding that community members were part of the evaluation
committee. He said that committee unanimously selected the lowest bidding proposer,
Vetted Security Solutions, the Bal Harbour Civic Association endorsed the selection. He
said that the resolution also includes funds for a owner's representative to oversee the
project.
Mayor Groisman said that the project was a long time coming and was a project of all the
agreements put into place over the last several years. He thanked everybody involved
including BHCA and John Oldenburg.
David Wolf, 223 Bal Bay, thanked and the Bal Harbour Civic Association, saying that under
Lauren's (Koplopwitz) the issue of enhanced security was kept in the forefront. He also
thanked John Oldenburg for keeping the committee on track.
MOTION: A Motion to pass the Resolution was moved by Councilman David Albaum and
seconded by Councilman Buzzy Sklar.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7B 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 LANDSCAPE ARCHIECTURAL DESIGN
SERVICES NOT TO EXCEED TWO HUNDRED FIFTY-SIX THOUSAND THREE
FIFTEEN HUNDRED DOLLARS ($256,315); AUTHORIZING THE VILLAGE
MANAGER TO CONTRACT FOR THE ADDITIONAL SERVICES; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 Page 16
Mr. Gonzalez introduced the item saying that it was an amendment to the contract with
designer of Jetty project. He explained that the recent replacement of the structural
engineer and the structural approach of the project required design changes.
Councilman Sklar asked for an explanation of why landscape architectural design services
were needed to which Matilda Reyes, Capital Program Manager, responded that
approximately sixty percent of the working drawings needed to be revised.
Mayor Groisman asked for an update on the Army Corps of Engineers reviews, to which
Ms. Reyes said that the permitting of the project is still on target for September. Mr.
Gonzalez added that the over -the -water walkways have pretty much been accepted, and
that modifications were mostly for the part of the Jetty that meets the water, inside the Jetty
hook.
Vice Mayor Salver said is reaction to seeing this item is that he thought the cost seemed
high similar reaction, to which Mr. Gonzalez said that a staff analysis indicated the fee to be
11.9% of the construction cost which has remained in line as to when the project began,
and is appropriate for a project of this complexity and size.
MOTION: A Motion to pass the Resolution was moved by Mayor Gabriel Groisman and
seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, PROVIDING FOR RATIFICATION OF THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE DADE COUNTY POLICE
BENEVOLENT ASSOCIATION [POLICE OFFICERS, SERGEANTS AND
DETECTIVES] AND BAL HARBOUR VILLAGE, IN EFFECT FROM OCTOBER 1,
2021 THROUGH SEPTEMBER 30, 2024; AUTHORIZING THE VILLAGE
MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON
BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO
TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE COLLECTIVE
BARGAINING AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item say that following the guidance received from the
Council's Retreat, negotiations for the Police Benevolent Association Contract began in
June, and after several sessions, and a tentative agreement had been reached and ratified
by the collective bargaining unit. He described the key provisions of the contract including
wages and a 3% Cost of Living Adjustment, option for early retirement, a new federal
holiday, providing for bullet proof vests and an increase compensatory time, adding that
the contract also settled a grievance over the interpretation on pension changes.
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 Page 17
Detective Hector Gonzalez, Bal Harbour Police, said that he was in complete agreement
with the Manager and that the unit voted unanimously to approve the contract.
Mayor Groisman and Mr. Gonzalez thanked Detective Gonzalez and everybody involved
in the negotiations, agreeing that it was a fair approach for both sides.
MOTION: A Motion to pass the Resolution was moved by Mayor Gabriel Groisman and
seconded by Councilman Buzzy Sklar.
VOTE: The Motion passed by unanimous voice vote (5-0).
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion Item regarding 2022 Calendar Meeting Dates - Village Manager
Jorge Gonzalez
Mr. Gonzalez introduced the item. Mayor Groisman asked if the June 21 meeting date
could be moved the previous week, in that school ends on June 17 and camp begins
immediately afterwards. Ms. Trevarthen said that she could not attend meeting on June
14 because of her obligations with another municipality, so there was general consensus
from the Council to schedule the meeting for Wednesday, June 15, 2022.
Councilman Freimark said that he would not be able to attend the April 12 Council meeting
since he would be on a plane to Israel for Passover.
R9B Discussion Item regarding Bal Harbour Village Employees - Councilman
David Albaum - This item was withdrawn.
R9C Discussion Item regarding Hate Ends Now Tour within Bal Harbour Village -
Vice Mayor Seth Salver
This item was discussed at 7:46, following the Consent Agenda. Vice Mayor Salver
introduced Todd Cohn, Lauren Bardos, Razie Weissman and Solly Hess, members of
Southern NCSY a local Jewish non-profit organization, who proposed setting up The Cattle
Car in Bal Harbour as part of their Hate Ends Now Tour, at no cost to the Village. They
described The Cattle Car as an immersive educational experience that would give
residents the opportunity to learn the lessons of the Holocaust to counter the worldwide
rise of hate and anti-Semitism.
There was a general discussion regarding the duration and placement of the installation
with a general sense of the Council that Vice Mayor Salver would work with the NCSY
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 Pagel 8
representatives and the Administration to determine the event site and dates. It was
agreed that Founders' Circle would be an ideal location if the installation could occur after
the holiday exhibits were removed and before an art installation occurred.
Mayor Groisman said that educational programs like this were important in that national
surveys indicate that a shocking number of Americans doubt that the Holocaust occurred,
adding that the State of Florida has an initiative this year to reinvigorate Holocaust studies.
He said that he was in full support of the initiative and suggest that the Village provide a
police presence at no extra cost. He thanked Vice Mayor Salver and NCSY representatives
for bringing this item to the Council. Vice Mayor Salver Seth said that he loved the
enthusiasm that this project was generating and that this was a great way to raise
awareness in the community.
R9D - PUBLIC COMMENT - There were no comments from the public.
R10 - VILLAGE MANAGER REPORT
R11 - VILLAGE CLERK REPORT
R11 A Lobbyist Report
R12 - VILLAGE ATTORNEY REPORT
R1 2A November 2021 Village Attorney Report
END OF REGULAR AGENDA
ADJOURNMENT- The meeting was adjourned at 8:49 P.M.
or Gabriel Groisman
BAL
HARBOUR •
aiaLV
Attest:
Dwight S. Danie, Village Clerk
Bal Harbour Village Council Regular Meeting Minutes — November 16, 2021 P a g e i 9