HomeMy Public PortalAbout2018-11-20 Regular MeetingCouncilman David J. Albaum
Councilman Jeffrey P. Freimark
Councilman Gabriel Groisman
Councilman Seth E. Salver
Councilman Buzzy Sklar
BAL HARBOUR
- VILLAGE -
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota
Helfman Cole & Bierman, P.L.
Bal Harbour Village Council
Regular Meeting Minutes
November 20, 2018
At 7:00 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 7:01 PM.
The following were present:
Mayor Gabriel Groisman
Assistant 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, after which he welcomed
Councilman Buzzy Sklar to the Village Council
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Mayor Groisman requested that Agenda Items C6A and C7B be removed from the
Consent Agenda to be heard at the end of the Regular Agenda.
PRESENTATIONS AND AWARDS
2018 Police Semi -Annual Review - Chief Raleigh Flowers presented.
Nina Rudolph (212 Bal Bay Drive) asked about recent car break-ins to which Chief Flowers
responded he was in the process of reviewing surveillance videos and fingerprinting, and
that he encouraged everyone to ensure that their cars are secured.
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A October 16, 2018 Regular Council Meeting Minutes
This Item was heard after Agenda Item R9C.
MOTION: A Motion to place the minutes on the next Council Agenda and for the Village
Clerk to revisit the discussion regarding the Council insurance was moved by Mayor
Gabriel Groisman and seconded by Assistant Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote 5-0.
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN INTERLOCAL AGREEMENT WITH THE TOWN OF
BAY HARBOR ISLANDS; PERMITTING THE TOWN TO UTILIZE THE BAL
HARBOUR PARK BASKETBALL COURT TO PROVIDE CHILDREN'S
BASKETBALL PROGRAMING DURING THE RENOVATION OF THE TOWN'S
BASKETBALL FACILITY; PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE.
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILD►NG
OFFICIAL THAT THE VIVA ON THE OCEAN APPLICATION TO THE STATE
OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO
FOR AN 11C LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING
REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
This item was heard at after Agenda Item R9D-Public Comment. Councilman Sklar recused
himself for this item.
Mr. Gonzalez introduced the item.
Penny Sepler (10275 Collins Ave.) said that the caf6 was wonderful and spoke in support
of passing the resolution.
MOTION: A Motion to pass the Resolution was moved by Mayor Gabriel Groisman and
Seconded by Councilman Jeffrey Freimark.
VOTE: The Motion was approved by unanimous voice vote (4-0)
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 Pa se 1 2
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING ENTERING INTO AN AGREEMENT WITH THE
FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES / FOOD
NETWORK & COOKING CHANNEL SOUTH BEACH WINE & FOOD
FESTIVAL FOR BAL HARBOUR VILLAGE TO SERVE AS A SILVER SPONSOR
OF THE 2019 SOUTH BEACH WINE AND FOOD FESTIVAL
MOTION: A Motion to pass Items C7A and C7C of the Consent Agenda was moved by
Assistant Mayor Seth Salver and Seconded by Councilman Jeffrey Freimark.
VOTE: The Motion was approved by unanimous voice vote (5-0)
R1A - MANAGER's MEMO
Application for Site Plan Amendment - Bal Harbour Shops
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 21 "ZONING," DIVISION
9 "RM-5 MULTIPLE FAMILY RESIDENTIAL DISTRICT," SECTION 21-268
"ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT -HOTEL
PROJECTS" TO ADDRESS THE USE OF STRUCTURES IN THE REAR
SETBACK; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN
THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (Second Reading)
Mr. Gonzalez introduced the item. Mayor Groisman stated that the words "servants'
quarters" are antiquated and suggested that they should be stricken.
There were no comments from the public.
MOTION: A Motion to amend the ordinance to strike "servants' quarters" from Chapter
21-268(d) was moved my Mayor Gabriel Groisman and seconded by Assistant Mayor
Seth Salver.
VOTE: The Motion to amend passed by unanimous voice vote (5-0).
MOTION: A Motion pass the ordinance on second reading, as amended, was moved by
Jeffrey Freimark and seconded by Assistant Mayor Seth Salver.
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 13
ROLL CALL:
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
X
VOTE: the ordinance passed on second reading by unanimous roll call vote (5-0).
The Regular Village Council Meeting was recessed at 7:18 PM to convene the Local
Planning Agency Meeting.
The Regular Village Council Meeting was re -convened at 7:39 PM.
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
CHAPTER 21 "ZONING" OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 21-1 "DEFINITIONS AND RULES OF CONSTRUCTION," SECTION
21-127 "SETBACKS" [IN THE R-2 DISTRICT] AND SECTION 21-354
"PROJECTIONS INTO SETBACK AREAS," ALL TO ADDRESS
ENCROACHMENTS AND PROJECTIONS INTO SETBACKS OR YARDS;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS,
AND FOR AN EFFECTIVE DATE. (First Reading)
Mr. Gonzalez recapped the discussion and recommendations of the Local Planning
Agency.
MOTION: A Motion to accept the recommendation of the Local Planning Agency and
pass the ordinance on first reading was moved my Mayor Gabriel Groisman and
seconded by Assistant Mayor Seth Salver.
Babak Raheb (128 Balfour Drive) asked that since the Local Planning Agency overruled the
Architectural Review Board, why it was necessary to get their recommendation is the first
place.
Nina Rudolph (212 Bal Bay Drive) agreed with Mr. Raheb and commented that the ARB
thought that 5 feet was excessive and suggested the Council accept the recommendations
of the ARB.
Councilman Sklar asked if the Administration would provide graphics that would show the
difference between the 3 and 5 feet encroachments into front setback for porte-cocheres.
Bat Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 14
ROLL CALL:
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
X
VOTE: The Motion passed by unanimous roll call vote (5-0).
R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
CHAPTER 21 "ZONING," ARTICLE III "DISTRICT REGULATIONS," DIVISION
11 "B BUSINESS DISTRICT," SECTION 21-320 "TRAFFIC LEVEL; APPROVAL
OF TRAFFIC ANALYSIS" OF THE CODE OF ORDINANCES TO REMOVE
RESTRICTION ON ACCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE, CONFLICTS, AND AN EFFECTIVE DATE. (First Reading)
Mr. Gonzalez described the item stating that this ordinance was related to minor
amendments to the Site Plan for the Bal Harbour Shops.
Amy Huber (Shubin and Bass representing the Bal Harbour Shops) described the
proposed amendments to the Site Plan highlighting the removal of the three levels of
underground parking, utilizing an interim phase, that would allow a refinement or the
parking/retail ratio and which would allow the construction of the new Village Hall to begin
after the construction of the 96th Street Garage.
Ms. Huber described the proposed amendments to the North Entrance on Bal Cross Drive
which would allow for joint access to the Shops and new Village Hall site and ease access
to/from the Balmoral on the east side of Collins, and would increase the amount of green
space on the new Village Hall site.
Ms. Huber then described the proposed amendments to the Collins Plaza stating that all
of the conditions of the Development Agreement are addressed.
Bernard Zyscovich (Zyscovich Architects representing the Bal Harbour Shops) provided a
presentation of elevations and renderings showing the above proposed amendments.
Mr. Gonzalez described the current Village Code and the proposed amendments utilizing
a presentation of the Site Plan
Councilman Freimark asked how many entrance points there were on Collins Ave., to
which Mr. Gonzalez responded that there were 9 lanes that had been approved and that
the proposal had 5 lanes. Councilman Freimark then asked if FDOT had provided input,
Bat Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 1 5
to which Ms. Huber replied that they had, and that their preference was for the proposed
lanes. She added that the traffic engineers from the Shops, the Balmoral and for Village
also preferred the proposed alternative.
Councilman Sklar asked who owned Bal Cross Drive, to which Ms. Trevarthen replied that
the road is subject to easement in favor of the owners within the Residential District and
that underlying ownership is with the Shops.
David Paul (9801 Collins Ave.) disagreed with the Village Attorney regarding the
ownership of Bal Cross Drive and he said that he has asked for a declaratory judgement by
the courts.
Babak Raheb (128 Balfour Drive) commented that the Shops was being disingenuous.
Nina Rudolph (212 Bal Bay Drive) asked how many parking spaces would be taken away
and who would be responsible for maintenance of Bal Cross and asked for clarification on
the reduction of retail, the traffic light on Bal Cross, valet parking.
Raj Singh (53 Camden Drive) asked if this proposal had been adjusted according to a
completed study. He suggested that a head count of people, not just cars, be conducted.
He asked where employees would be parking, given that retail was increasing, and
suggested that the Shops ensures that there is adequate parking for them with no spillover
into the community that might affect quality of life.
Irwin Shaab (9801 Collins Ave.) asked if anyone had met with anyone from the Balmoral
and asked if there would be Uber/Lyft pick-up and drop-off zones for the increasing
number of people using those services.
Brian Mulheren (10245 Collins Ave) commented that this is a major, not minor, change to
the Shops and Collins Avenue, and said that there had not been adequate notice.
Beth Berkowitz (10160 Collins Ave.) commented that the Village cannot keep changing
Zoning.
Neil Alter (9801 Collins Ave.) commented that activity at the Mall is diminishing according
to his observances. He commented that the impact of modifications would fall on residents
and would affect traffic patterns. He asked if the Council/Administration could obtain
financial information from the Shops that would show where growth was taking place that
would justify the expansion.
Gail Serota (Assistant Village Attorney) in responding to Mr. Shaab, stated that one just
can't ask for a declaratory judgement, that a case has to be filed with the courts. She stated
that Bal Cross is privately owned with easements for access to the property owners within
the Residential District and an underlying fee interest that belongs to the abutting lot
owners. She stated that this proposal does not change access rights or interests.
Bat Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 16
Amy Huber stated that the Shops is obligated to maintain Bal Cross up to the southern
edge of the sidewalk in perpetuity. She said that the Shops had been in repeated contact
with Balmoral's attorney and traffic engineer and that FDOT would not give formal
approval until the Village gave its approval, but that they were in favor of the proposed
alternative.
Assistant Mayor Salver stated that he had met with president of Balmoral who had not
expressed an objection.
Councilman Freimark state that he was in originally in favor of the Bal Cross option
Mayor Groisman stated this was a much better plan than what was presented previously,
and that the residents' concerns have been addressed and that this option was cleaner in
that easements are still intact.
MOTION: A Motion pass the ordinance on first reading was moved by Councilman Jeffrey
Freimark and seconded by Councilman Buzzy Sklar.
ROLL CALL:
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
X
VOTE: The Motion passed by unanimous roll call vote (5-0).
R5D AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; , AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 21 "ZONING," ARTICLE
V "OFF-STREET PARKING FACILITIES;" PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE
(First Reading)
Mr. Gonzalez described the proposed text amendments that would allow current parking
ratios, normal ratio 3.1- flex ratio 3.6, to be changed in an interim phase, normal ratio 2.1 -
flex ratio 2.9, and if warranted in a final phase, normal ration 1.8 - flex ratio 2.3, where flex
would be utilized during peak shopping periods. He said that these ratios and flex periods
are data -driven and that the Village has asked for additional data and analysis to be
submitted before second reading. He said that the look -back provisions of the
Development Agreement would ensure that any unseen adverse impacts would be
remedied. He said that a condition of approval could be to build as much parking as
necessary.
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 Pagel 7
Mayor Groisman stated that he was concerned about employee overflow parking during
peak seasons and asked if the Shops could come back to the next meeting with some kind
of agreement or LOI (Letter of Intent) with Miami -Dade County or Bay Harbour Islands
indicated a willingness to provide that parking, or some other solution.
Councilman Freimark asked the Shops to address pick-up and drop-off points for
U ber/Lyft.
Councilman Sklar asked if there if the Shops would share Ride Share program data before
the next meeting that would show the trend towards the need for decreased parking.
Ms. Huber summarized the current, the interim plan and the final plan for parking at the
Shops, adding that there is an increased usage of valet parking. She described the
responsibilities of Gary Kessler, Bal Harbour Shops Parking Manager in monitoring parking
needs. She then described the management of off -sight employee parking during limited
periods of time, and how the Shops is continuing to work with Staff to identify drop-
off/pick-up points for Uber/Lyft. She then addressed the four permanent location for valet
parking and the ability to utilize the parking garage during peak times. She added that the
Shops could construct more on -sight parking if necessary.
Nina Rudolph (212 Bal Bay Drive) asked for clarification of the number of parking spaces,
to which Mr. Gonzalez. She said that most residents do not utilize valet parking and that
there would be no parking for them in front. She said that Residents do not take Uber.
Babak Raheb (128 Balfour Drive) expressed his concern for the removal of all underground
parking, which he said was a benefit original plan, and for the effect that valet parking
could have on Collins traffic. He said that he disagreed with the Village Attorneys opinion
regarding the ownership of Bal Cross Drive.
Irwin Shaab (9801 Collins Ave.) said that he did not see any spaces for handicapped
parking or charging stations for electric cars.
Raj Singh (53 Camden Drive) suggested including self -parking spaces in that many people
prefer not to utilize valet parking, citing a publication entitled "Confessions of Valet Parker'
in that valet parking takes a long time and creates density problems in waiting areas.
Beth Berkowitz (10160 Collins Ave.) asked for clarification of underground parking at the
site planned for the new Village Hall, to which Mr. Gonzalez responded the Development
Agreement remains unchanged and that there will be 88 parking spots for staff, police and
residents, and they will not be used for spillover from the Shops.
Councilman Sklar ask for clarification of the number of valet spaces to which Ms. Huber
replied that currently there are 75 and under the proposed plan there will be 100. She
added thatthe parking garage will continue to be ADA compliant and will continue to have
charging stations for electric cars.
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 P a g e 18
Mr. Gonzalez described the formula, that will require 2 consecutive years of data, that will
be necessary to trigger the reclaiming of retail space with the addition of a third look -back
provision to the Development Agreement.
MOTION: A Motion pass the ordinance on first reading was moved by Councilman Buzzy
Sklar and seconded by Councilman Jeffrey Freimark.
ROLL CALL:
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
X
VOTE: The Motion passed by unanimous roll call vote (5-0).
R5E AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE
CODE OF ORDINANCES BY AMENDING CHAPTER 11 "NUISANCES,"
ARTICLE II "NOISE," SECTION 11-32 "CONSTRUCTION NOISE IN THE "B"
BUSINESS DISTRICT;" PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE (First Reading)
Ms. Trevarthen described the item stating that new definitions were being added in order
to add new responsibilities to the "permit applicant" and "violator" with additional fines.
Mayor Groisman asked the changes would affect the framework that was put into place in
regards to construction -related noise, to which Mr. Gonzalez provided an explanation of
how it was intended to include habitual offenders, but did not alter the original framework.
Babak Raheb (128 Balfour Drive) suggest limitations related to holidays should also apply
to construction in the Residential District and that there should be time limitations on all
construction within the District.
MOTION: A Motion pass the ordinance on first reading was moved by Councilman Jeffrey
Freimark and seconded by Councilman Buzzy Sklar.
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 P a g e 19
ROLL CALL:
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
X
VOTE: The Motion passed by unanimous roll call vote (5-0).
R5F AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES, BY
AMENDING ARTICLE II, "VILLAGE COUNCIL," SECTION 2-27 "MEDICARE
SUPPLEMENT INSURANCE POLICY," TO EXPAND MEDICARE SUPPLEMENT
INSURANCE COVERAGE ELIGIBILITY TO ALL VILLAGE COUNCILMEMBERS
WHO LEAVE THE COUNCIL AFTER COMPLETING TWO (2) FULL TERMS;
ESTABLISHING ELIGIBILITY FOR THE EXPANSION OF MEDICARE
SUPPLEMENT INSURANCE COVERAGE; AUTHORIZING VILLAGE
OFFICIALS TO TAKE ALL ACTIONS NECESSARY TO PROVIDE POST -
SERVICE MEDICARE SUPPLEMENT INSURANCE COVERAGE TO VILLAGE
COUNCILMEMBERS; AUTHORIZING THE EXPENDITURE OF BUDGETED
FUNDS; PROVIDING FOR SEVERABILITY, INCLUSION IN CODE,
CONFLICTS, AND AN EFFECTIVE DATE. (Deferred)
Mayor Groisman stated that the entire Agenda item was misleading, and that the public
record need completely transparent. He said that the record completely excludes that that
the item was presented by Councilwoman Patricia Cohen because she wanted to have
Medicare supplement paid for her for life, and the item shouldn't be presented like it came
out of the blue, unexpectedly. He stated that the legal analysis presented was
contradictory, that it says that it can only be applied prospectively, but the Council is being
asked to consider whether or not it should apply retroactively.
MOTION: A motion to defer the item was moved by Mayor Gabriel Groisman and
seconded for other reasons by Councilman Buzzy Sklar.
Councilman Freimark stated that it was his recollection that the genesis of the discussion
started with a discussion regarding health care insurance and that it evolved. He said that
he understood the request from Councilwoman Cohen was that there was a gap in time
for health care insurance and would there be an openness to providing that coverage other
than through COBRA. He said that he would have no issue in deferring the item, in that it
needed further discussion.
Mr. Gonzalez stated that the both Mayor Groisman and Councilman Freimark are right, that
he had placed the discussion item on the Agenda upon a request by Councilwoman Cohen
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 1 10
to extend her health insurance. He said that in researching this, the discrepancy in the
code was discovered and the proposal is to allow Councilmembers having completed two
full terms to age into Medicare.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7 - RESOLUTIONS
R7A A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN BAL HARBOUR
SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE THE FIRST AMENDMENT; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO
IMPLEMENT THE FIRST AMENDMENT; AUTHORIZING VILLAGE OFFICIALS
TO IMPLEMENT THE TERMS AND CONDITIONS OF THE FIRST
AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez explained that this item is a public hearing that would not require Council
action at this meeting. He then described the item adding that nothing in the proposed
amendments diminish the current obligations/benefits, but will accelerate the completion
of project elements, including the construction of the new Village Hall, the funding for the
Waterfront park, the conveyance of the SunTrust property and rents, the lease for the
Police Department, the off -duty police assignments, and the third look -back.
Assistant Mayor Salver asked for the status of the re-routing of Collins Ave. to which Ms.
Huber responded FDOT has requested that the re-routing and Bal Cross proposals be
submitted as a single package, and that drawings and analysis for the re-routing have been
completed and the engineering plans near completion. She stated that FDOT is favorable
to the proposals.
Babak Raheb (128 Balfour Drive) asked if a representative from FDOT could present their
view.
Beth Berkowitz (10160 Collins Ave.) said that she was confused as to what is happening on
Collins Ave./Bal Cross and what is happening on 96th Street being totally different aspects
of the Development Agreement. She said that "FTOD" needed to have further discussion
with the Balmoral and that more information is needed before the Development
Agreement can move forward.
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion on issues of mold and fire safety raised at The Plaza - Mayor
Groisman
Mayor Groisman introduced the item saying that he had received emails with complaints
regarding mold, fire door and construction issues. He said that he had facilitated
Bat Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 111
connections between residents and Village Departments and that he had attended a
meeting at the Plaza where he learned that many of the issues were being addressed.
Michelle Shandraw (10185 Collins Ave.) spoke about her issues regarding mold at her
condo, and the problems that she said that she has encountered in trying have them
mitigated.
Grace Escalante (Building Official) said that mold is regulated by the Florida Department
of Health. She described her involvement with issues regarding the Plaza. She said that
although the Building Department does not regulate mold, that it does oversee permits
pulled to mitigate, such as the replacement of dry wall. She added that she hadn't
observed some of the conditions described by Ms. Shandraw.
Babak Raheb (128 Balfour Drive) commented that people don't have to pay rent if there is
mold in the building and he suggested being more aggressive with the Florida
Department of Health.
Mayor Groisman acknowledged a letter sent by the Plaza Condominium Association to be
placed in the record.
R9B Discussion Regarding the placement of the mobile mats on Bal Harbour
Beach - Councilman David Albaum
Councilman Albaum introduced the item saying the mats were fantastic and that he had
recommended installing more. Mr. Gonzalez described the mats that facilitate access to
the beach and that he has been working on identifying the placement of additional mats.
John Oldenburg (Parks and Public Spaces Director) provide a presentation showing the
proposed locations for four additional mats.
Mr. Gonzalez stated that the cost would be around $22,000 which exceeds his spending
authority and that he would need a motion from the Council to proceed.
MOTION: A Motion to approve the expenditure of $23,000 for the purchase and
placement of four additional mobile mats was moved by Councilman David Albaum and
seconded by Mayor Gabriel Groisman.
Babak Raheb (128 Balfour Drive) suggest that the Village create an ordinance that would
require the buildings to provide ADA access to the beach.
VOTE: The Motion passed by unanimous voice vote (5-0).
R9C Discussion Regarding Upcoming Meeting Dates - Village Manager
There was a general consensus that the proposed meeting dates were acceptable.
Bat Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page 112
R9D - Public Comment
Babak Raheb (128 Balfour Drive) encouraged Councilmembers should support Movie
Night. He asked that the Council consider making the noise ordinance consistent between
the Business District and the Residential District, and limiting construction during
weekends.
Penny Sepler (10275 Collins Ave.) inquired about what had happened with Claire Breukel
and commented that the signage for the current exhibit should be revised. She suggested
that it may be time to consider redistricting and term limits. She commented that it doesn't
seem right that some previous Councilmembers are receiving a Medicare Supplement
forever and that it needs to be revisited.
Steve Greenburg (9930 Collins Ave) wished everybody a happy Thanksgiving and a happy
New Year. He thanked Councilwoman Cohen for her nine years of service and welcomed
Councilman Sklar and praised October 3'd Swearing -in ceremony for Chief Floweres.
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 11:12 PM.
abriel Groisman
BAL
HARBOUR. •
0
of —�
Attest:
Dwight S. anie,Village Clerk
Bal Harbour Village Council Regular Meeting Minutes — November 20, 2018 Page I 13