The URL can be used to link to this page

Home My Public Portal About2021-10-19 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 October 19, 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 - Vice Mayor Salver called the meeting to order at 6:34 P.M. The following were present: Vice Mayor Seth Salver Councilman David Albaum Councilman Buzzy Sklar The following were not present Mayor Gabriel Groisman Councilman Jeffrey Freimark Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney The Pledge of Allegiance was led by Vice Mayor Salver, after which he called for a moment of silence for Guido lnguanzo, Pinecrest Village Clerk and brother of Ramiro lnguanzo, Assistant Village Manager. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS MOTION: A motion to defer Agenda Items R5B and R7A was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (3-0). PRESENTATIONS AND AWARDS PA1 Certificate of Appreciation - Jose Biton - Budget Advisory Committee Vice Mayor Salver presented Jose Biton with a Certificate of Appreciation for his service to Bal Harbour Village as a member of the Budget Advisory Committee. CONSENT AGENDA C6 - COUNCIL MINUTES C6A September 13, 2021 First Budget Hearing and Regular Council Meeting Minutes September 23, 2021 Second Budget Hearing Minutes C7 - CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE EXPENDITURE OF $63,571.00 TO PURCHASE AND INSTALL NEW ENGINES FOR THE POLICE MARINE PATROL BOAT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE CRB GEOLOGICAL & ENVIRONMENTAL SERVICES AGREEMENT IN THE AMOUNT THIRTY THOUSAND SEVEN HUNDRED AND FIFTY-SIX DOLLARS ($30,756) FOR REMOVAL OF AN ASBESTOS PIPE AND RELATED SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PIGGYBACK AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND BLUE DIGITAL CORP TO SCAN AND DIGITIZE BUILDING DEPARTMENT DOCUMENTS IN AN AMOUNT NOT TO EXCEED $50,000; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A TASK AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES INC., (CGA) FOR THE PROVISION OF PROFESSIONAL ENGINEERING AND CONSTRUCTION SERVICES FOR THE NEW WATER SERVICE, SANITARY SEWER, AND ASSOCIATED WORK RELATED TO THE UTILITIES INFRASTRUCTURE IMPROVEMENT PROJECT PHASE 5(C), AS SPECIFIED IN CGA PROPOSAL NO. 17-9868.55, IN THE AMOUNT NOT TO EXCEED EIGHTY NINE THOUSAND EIGHT HUNDRED SIXTY FOUR ($89,864) DOLLARS, INCLUSIVE OF A SEVEN PERCENT (7%) CONTINGENCY ALLOCATION IN THE AMOUNT OF FIVE THOUSAND Bal Harbour Village Council Regular Meeting Minutes — October 19, 2021 Page 12 EIGHT HUNDRED SEVENTY NINE ($5,879) DOLLARS, ROUNDED UP TO THE NEAREST DOLLAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH UNIVERSAL SIGNS AND ACCESSORIES FOR THE PROVISION OF EQUIPMENT, LABOR AND MATERIALS TO INSTALL REPLACEMENT LIGHTING, UPGRADED SIGNAGE AND OTHER COMPONENT UPGRADES RELATED TO THE PEDESTRIAN CROSSWALK LOCATED ALONG THE 9900 BLOCK OF COLLINS AVENUE, AS SPECIFIED IN UNIVERSAL SIGNS QUOTATION NO. 005485, IN THE AMOUNT NOT TO EXCEED THIRTY FOUR THOUSAND SIXTEEN ($34,016) DOLLARS, INCLUSIVE OF A SEVEN PERCENT (7%) CONTINGENCY ALLOCATION IN THE AMOUNT OF TWO THOUSAND TWO HUNDRED TWENTY SIX ($2,226) DOLLARS, ROUNDED UP TO THE NEAREST DOLLAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A motion to approve the Consent Agenda was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (3-0). 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. Mr. Gonzalez introduced the item saying that the ordinance would great greater transparency by providing that condominium and cooperative building operational reports would be posted on association websites or otherwise made available to residents by the association withing ten business days upon receipt. Councilman Sklar asked how is the municipality going to know when a report was actually done and how it would be enforced. Vice Mayor Salver said that the ordinance provides the condominium owners additional teeth if they know that a report exists to obtain a copy of the report. Mr. Gonzalez added that it the ordinance provides an affirmative requirement for the associations and would be complaint driven. There were no comments from the public. Bal Harbour Village Council Regular Meeting Minutes — October 19, 2021 Page 13 MOTION: A Motion to pass the Ordinance on first reading was moved by Councilman Buzzy Sklar and seconded by Vice Mayor Seth Salver. ROLL CALL VOTE Mayor Gabriel Groisman Not Present Vice Mayor Seth E. Salver Yes Councilman David J. Albaum Yes Councilman Jeffrey P. Freimark Not Present Councilman Buzzy Sklar Yes VOTE: The Motion passed by unanimous roll call vote (3-0). 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 deferred. R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; REFINING THE FOUR FUNDAMENTAL ELEMENTS OF THE BAL HARBOUR EXPERIENCE TO BETTER EPITOMIZE THE UNIQUE AND DISTINCTIVE ATTRIBUTES OF THE COMMUNITY; PROVIDING FOR IMPLEMENTATION; PROVIDING AN EFFECTIVE DATE. This item was deferred. R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ADDENDUM TO THE BAL HARBOUR SHOPS DEVELOPMENT AGREEMENT AND RELATED MATTERS; APPROVING THE THIRD MODIFICATION OF THE POLICE LEASE; PROVIDING FOR IMPLEMENTATION OF THE FOREGOING; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this item concluded and outstanding issue between the Village and the Bal Harbour Shops in regards to the Development Agreement. He said that as a result of the impacts of the COVID-19 pandemic, the Shops had asked for certain considerations and the Village has been negotiating with them to come up with an outcome suitable all parties. Bal Harbour Village Council Regular Meeting Minutes — October 19, 2021 Page 14 He listed the agreed upon addendum saying that the execution of a deed and transference of the Fairfield property upon execution of the agreement with the payment of the cost of estimated costs to construct the new Village Hall, allowing the Village to now construct it, was the biggest win for the Village. He also described the requirement of the Shops to pay outstanding payment obligations, the agreement for the Shops to fund the costs for project management of the new Village Hall, changes in lease terms for the Police Station, and terms for temporary Village staff parking. He said that the addendum to the Development Agreement would delay the completion of Village Hall, but that that was going to happen by the nature of construction. He described the agreement for True -up calculation when construction actually begins, and the requested forgiveness of a shortage in minimum Resort Tax due to COVID-19. He concluded saying that the agreed upon changes to the Development Agreement gives both sides certainty and gives the Village control of its own destiny. He recognized Maria Currais and Susan Trevarthen for their work on the Addendum and with the negotiations, and he recognized Benjamin Elias and Mathew Lazenby, Whitman Family Development, for their sincere participation in the negotiations. Councilman Sklar also thanked Mr. Gonzalez and Mayor Groisman ensuring the fulfilment of the wishes of the Council. There were no comments from the public. MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (3-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item regarding traffic signals at 9700 Block of Collins Avenue and 500 Block of 96th Street - Vice Mayor Seth Salver Vice Mayor Salver introduced the item saying that due to the coming holidays and the expected increase in traffic, he wanted to be sure that all traffic signals are timed and coordinated to provide optimum traffic flow. Councilman Sklar added that the signal at 97th in front of the St. Regis, there are no longer cars coming out of the Shops. Raleigh Flowers, Chief of Police, said that he would be consulting with traffic engineers to minimize the light cycle for cars exiting the Shops, and that there will be enhanced staffing at peak hours to help minimize traffic congestion. Bal Harbour Village Council Regular Meeting Minutes — October 19, 2021 Page 15 R9B - PUBLIC COMMENT Neca Logan, 64 Camden Drive, asked what will be done about congestion caused by traffic from 96th Street turning on to Bal Bay Drive, after discovering that the Shops' entrance is closed and now that the Park is under construction and the parking lot is unavailable for turning around. Mr. Gonzalez said that the Village will be utilizing additional signage and will be implementing parallel parking on Bal Bay. He announced that the basketball court will be closing to allow for a staging area for the Park construction. Yankie Andrusier, 150 Camden Drive, said that he had been approached by Code Enforcement regarding the content of a sign that he had posted on a construction site in the Gated Residential Section. After being advised ofthe requirements ofthe Village Code, the Council also advised Mr. Andrusier that if he wished to seek Code changes, to work in conjunction with the Civic Association. R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT- The meeting was adjourned at 7:18 P.M. abriel Groisman Attest: Dwig t S. Danie, Village Clerk Bal Harbour Village Council Regular Meeting Minutes — October 19, 2021 Page 16