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Home My Public Portal About2019-01-15 Regular MeetingBAL HARBOUR - V I L LAG E - Mayor Gabriel Groisman Village Manager Jorge M. Gonzalez Assistant Mayor Seth E. Salver Village Clerk Dwight S. Danie Councilman David J. Albaum Village Attorneys Weiss Serota Councilman Jeffrey P. Freimark Helfman Cole & Bierman, P.L. Councilman Buzzy Sklar Bal Harbour Village Council Regular Meeting Minutes January 15, 2019 At 7:00 PM B a I Harbour Village Hall • 655 - 96th Street • BaI Harbour • Florida 33154 CALL TO ORDER/ PLEDGE OF ALLEGIANCE The following were present: Also present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark Councilman Buzzy Sklar Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney Mayor Groisman led the Pledge of Allegiance before the General Employees' Retirement Board Meeting REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Councilman Freimark withdrew his discussion item, R9D regarding Art on the Beach. PRESENTATIONS AND AWARDS PA1 GMCVB Greater Miami Convention and Visitors Bureau - William Talbert provided an update of statistics from the GMCVB, and upcoming events, including the 2020 Super Bowl, 2021 College Football Championships and Semi -Finals, and the 2026 World Cup. He described expanded international air service, and the potential of hosting Formula One and the Democratic National Convention. Mayor Groisman asked for an update on potential changes to flight paths, to which Mr. Rolando Aedo (GMCVB) described the pending implementation of a new system. Mayor Groisman asked Mr. Aedo to have the GMVCV be mindful of possible impacts on the Beaches and tourism. PA2 Shops' Employees Recognition -Chief Raleigh Flowers honored Bal Harbour Shops Security personnel, Ricardo Abreu, Manuel Alcocer, Ben Monney and Supervisor Angel Rodriguez, for their heroic lifesaving actions. CONSENT AGENDA C6 - COUNCIL MINUTES C6A November 19, 2018 Induction Meeting Minutes C6113 December 18, 2018 Regular Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH KRONOS FOR THE PURCHASE OF WORKFORCE CENTRAL SOFTWARE AS A SERVICE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A Motion to approve the Consent Agenda was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R5 - ORDINANCES R5A 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 Bat Harbour Village Council Regular Meeting Minutes— January 15, 2019 P a o e 1 2 FUNDS; PROVIDING FOR SEVERABILITY, INCLUSION IN CODE, CONFLICTS, AND AN EFFECTIVE DATE (Second Reading). Mr. Gonzalez summarized the item stating that the amendment would our allow current and future Council Members to be eligible to receive a Medicare Supplemental Insurance benefit upon serving full two terms of office, regardless of their age, and that the benefit would not be applied retroactively. There were no comments from the public. MOTION: A Motion to approve the ordinance on second reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark Mayor Groisman stated that he still believed that this was not a good use of taxpayer funds. Councilman Sklar added that, according to discussions, there probably would not be more than eight to ten people at a time receiving the benefit. 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 roll call vote (4-1) with Mayor Gabriel Groisman voting against. R5113 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE OF ORDINANCES, AMENDING CHAPTER 11 "NUISANCES," ARTICLE II "NOISE," SECTION 11-31 "CERTAIN NOISES RESTRICTED TO SPECIFIED HOURS," AND AMENDING CHAPTER 19 "TRAFFIC AND MOTOR VEHICLES," SECTION 19-7 "PARKING OF COMMERCIAL VEHICLES AND VEHICLES DISPLAYING SIGNAGE," ALL TO AMEND THE DEFINITIONS AND STANDARDS APPLICABLE TO HOLIDAYS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE (Second Reading). This Item was heard at 8:09 PM following the discussion Item R9B. Bat Harbour Village Council Regular Meeting Minutes— January 15, 2019 P a g e 13 Mr. Gonzalez described the item, stating that this item brings conformity to the code regarding the prohibition of construction noise and commercial vehicles on holidays for the Business District, and now, the rest of the community, and that these changes came about from community dialog. There were no comments from the public. Councilman Freimark asked for clarification if Rosh Hashanah included two days, to which Mr. Gonzalez responded that it did. MOTION: A Motion to approve the ordinance on second reading was moved by Assistant Mayor Seth Salver 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). R5C AN ORDINANCE OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING AND RENAMING SECTION 21-52 "SAME -PUBLIC HEARING; NOTICE OF HEARING" OF CHAPTER 21 "ZONING" OF THE CODE OF ORDINANCES REGARDING NOTICE REQUIREMENTS FOR APPLICATIONS REQUIRING A VILLAGE COUNCIL HEARING OR LOCAL PLANNING AGENCY HEARING; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE (First Reading) Mr. Gonzalez described the item stating that that as a request from Councilwoman Patricia Cohen the Village Attorney had worked on a process to bring conformity to the notice requirements for public hearings. There were no comments from the public. MOTION: A Motion to approve the ordinance on first reading was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. Bat Harbour Village Council Regular Meeting Minutes— January 15, 2019 P a g e 1 4 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). R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE AGENDA FOR THE 2019 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE. This item was discussed at 7:32 PM. Mr. Ron Book, lobbyist for Bal Harbour Village, described changes occurring in the Governor DeSantis' office, the hurricane devastation in Bay County and the utilization of Sadowsky Act Trust Fund dollars for general revenue purposes and other events that could influence the success of obtaining funding for local projects. He raised the issue of the continued attack on Home Rule. He emphasized to Mr. William Talbert, sitting in the audience, that sand for the beaches was of primary importance, and a collaborative effort to help the County complete their report/study required before a sand -bypass project could be implemented. He described the Governor's stance for Israel investment policies and his stance against Airbnb's West Bank policy. He said that he would continue to work with Village Staff to submit appropriations projects and then provided highlights of the legislative calendar. Councilman Sklar stated that code violation fines had not been raised in nearly 30 years and should be addressed legislatively, to which Mr. Book suggested revisiting the issue in 24 months, and that League of Cities and City/County Manager's associations should be involved. Mayor Groisman then opened the discussion for Agenda Item R913 regarding the Homeless Trust. This item then continued at 8:15 PM Bat Harbour Village Council Regular Meeting Minutes— January 15, 2019 Page 15 Mayor Groisman stated this item was a new approach in that the Legislative Priorities only included two items, the Haulover Inlet Bypass Project and the Stormwater Improvements to have a better accountability of what Mr. Ron Book is doing for the Village. MOTION: A Motion to approve the Resolution was moved by Assistant Mayor Seth Salver and seconded by Councilman Buzzy Sklar. There were no comments from the public. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding Short -Term Rentals - Councilman Sklar Councilman Sklar introduced the item stating that he has been hearing from constituents that short-term rentals are becoming a major problem in Bal Harbour and that a lot of units are listed on sites, like Airbnb, and that building managers are not enforcing their own condo rules. He added that that he is proposing an ordinance that would have tiered penalties. Mayor Groisman stated that he liked the idea of exploring the issue. Assistant Mayor Salver said that his building takes this issue seriously, and he was asked to explore how the Village could help, adding that enforcement was difficult. Councilman Sklar added that building management also needed to be enforced, similar to the noise ordinance with the Bal Harbour Shops. Mayor Groisman added that sites that provides listings should also be put on notice. Councilman Freimark asked what the best practice from other communities was, to which Ms. Trevarthen commented that Village has a grandfathered six month minimum stay and was preempted by the State to have further regulation. She said that enforcement was resource intensive. There was a general sense of the Council to explore options that would enable enforcement of the rules that are in place. R913 Discussion regarding the Homeless Trust - Councilman Freimark This Item was discussed at 7:54 PM. Councilman Freimark introduced the item, first stating that Miami Jewish Health, for which he works, employs Mr. Book to represent its interests in Tallahassee, then introduced Mr. Book as the Chairman of the Miami -Dade County Homeless Trust. He asked if Mr. Book could be invited back to a future meeting to explore how Bal Harbour could assist the Homeless Trust. Mr. Book provided a brief history and a current status of homeless individuals in Miami -Dade County. He stated that the Homeless Bat Harbour Village Council Regular Meeting Minutes— January 15, 2019 P a g e 1 6 Trust is out of recurring revenue, and that if he cannot pick-up Miami Beach, Surfside and Bal Harbour (1 penny food and beverage tax), he cannot end homelessness. Mayor Groisman asked how much money would be generated, to which Mr. Book responded that would be around $6.5 million with growth. Mr. Book said that Bal Harbour, Miami Beach and Surfside was let out (of paying the tax) 26 years ago to prevent a competitive disadvantage with Broward and Orlando. He said that the $6.5 million would go to program called "Housing First" which deals with the chronically homeless. Mr. Freimark added that Miami Jewish runs affordable low-income housing in Broward County and that this is a community issue that transcends generations. Mayor Groisman then opened the discussion for Agenda Item R5B. R9C Discussion regarding Construction Noise - Councilman Freimark Councilman Freimark introduced the item saying that he brought this item to Council in response to community input regarding construction during weekends and holidays. Mr. Gonzalez clarified that the request regarding all construction, regardless of noise produced. There was a general consensus from the Council not to interfere with personal construction/home improvement that did not involve noise or commercial vehicles. R91D Discussion regarding Art on the Beach -Councilman Freimark -Withdrawn R9E PUBLIC COMMENT Penny Sepler (10275 Collins Avenue) commented that the Burneshas exhibit was still on the Beach Walk and asked what has been done about replacing Claire (Breukel) to which Mayor Groisman responded that the art is being taken down, and that we are just starting the process to replace Claire. Steve Greenburg (9930 Collins Avenue), regarding short term rentals, suggested that a finger print identification for the buildings would be better, and that fines should be increased for the condo management. Brian Mulheren (10245 Collins Avenue) commented that his building requires one year leases and suggested that this is how others could enforce short term rentals. Mayor Groisman announced that he had received a proclamation and a street named in his honor from a Mitpeh Yericho, a town in Israel, and said that it was nice Bal Harbour is followed all over the world. R10 VILLAGE MANAGER REPORT Bat Harbour Village Council Regutar Meeting Minutes— January 15, 2019 P a g e 1 7 R11 VILLAGE CLERK REPORT R12 VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT - The meeting was adjourned at 8:43 PM. aygf Gabriel Groisman Mph O BA HARBOUR \�•E CtIU .( 1 � 3 '•R fittest. t Dwight S. Da e, Village Clerk Bat Harbour Village Council Regular Meeting Minutes— January 15, 2019 P a g e 1 8