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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