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HomeMy Public PortalAbout2022-01-18 Regular MeetingBAL 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: Davie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. Bal Harbour Village Council Regular Council Meeting Minutes January 18, 2022 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 ( -) and members of the public were encouraged to participate by email (rneetings@balharbourfl.gov) or by telephone at 305-865- 6449. CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Vice Mayor Seth Salver called the meeting to order at 6:34 P.M. following the General Employee's Retirement Board Meeting. The following were present: Mayor Gabriel Groisman (via Zoom) Vice Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark (via Zoom) Councilman Buzzy Sklar Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Robert Meyers, Deputy Village Attorney The Pledge of Allegiance was led by Vice Mayor Seth Salver. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. PRESENTATIONS AND AWARDS PA1 Resort Tax Update (6:37 PM) Mr. Gonzalez introduced Trip Barrett, Chief Marketing Officer/Director of Tourism, Nikolai Ursin, Resort Tax Committee Chair, and Jeff Lehman, Resort Tax Committee Member. Mr. Barrett and Mr. Ursin presented the Resort Tax Committee biannual report. Mr. Barrett presented the FY21 revenue and activations saying that the budget had been tight but that the first two months of the first quarter of FY22 had shown record Resort Tax revenues. Mr. Ursin reviewed the activities of the Resort Tax Committee over the last year. He described the components funded by the Resort Tax, including public relations, media - worthy activations, and the preservation of beautification and safety. He said that the Museum Access Program, Public Art and the Culinary programs set Bal Harbour apart from other communities. He said that Covid had caused staffing issues and that hotels had been facing troubles maintaining operations, but occupancy had still been extremely strong resulting in record -setting revenue. He said that although it may be a hard time to plan, it is important to work with international representatives, that PR lays the ground work for later on, adding that there had been a tremendous participation from Brazil. Mr. Barrett then reviewed the proposed activations for the remainder of the fiscal year. provided the biannual Resort Tax Update. Mr. Barrett described the impact of Covie19, requiring the Village to pivot to the domestic market and outdoor dining. He said that the revenues have been record over the last six months. PA2 Proclamation for William D. Talbert, II I, Former President & CEO of the Greater Miami Convention & Visitors Bureau (GMCVB) (7:05 PM) Vice Mayor Salver introduced Mr. Talbert and presented him with proclamation declaring January 18, 2022 as "Bill Talbert Day in Bal Harbour Village". Mr. Gonzalez commended Mr. Talbert and Mr. Talbert said that the partnership of the GMCVB with the Village is what helped identify Bal Harbour Village with luxury. On behalf to the Bureau, he commended the leadership of Bal Harbour Village for having led the way and for its ongoing support. PA3 Presentation for Elsie Howard, Outgoing Resort Tax Committee Vice Chair (6:34 PM) Vice Mayor Salver presented Elsie Howard with a Certificate of Appreciation, and thanked her for her five years of excellent service to the Village as a member of the Resort Tax Committee. Ms. Howard thanked the Council and Staff for the opportunity to serve saying that she was honored to have serve with a terrific visionary group. CONSENT AGENDA C6 - COUNCIL MINUTES C6A December 14, 2021 Village Council Workshop and Regular Meeting Minutes Bat Harbour Village Council Regular Meeting Minutes — January 18, 2022 Page 1 2 C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A THREE-YEAR LEASE AGREEMENT WITH DEX IMAGING FOR PRINTERS AND ASSOCIATED EQUIPMENT FOR USE BY THE VILLAGE ADMINISTRATION IN AN ANNUAL AMOUNT NOT TO EXCEED TWENTY THOUSAND FOUR HUNDRED AND TWENTY-SIX DOLLARS ($20,426); AUTHORIZING THE VILLAGE MANGER TO EXERCISE AN OPTION TO RENEW THE LEASE FOR ONE ADDITIONAL THREE-YEAR TERM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE RE -APPOINTMENTS OF VALERIE RENNERT AND JONI BLACHAR TO SERVE AS SPECIAL MASTERS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE PAYMENT TO FLORIDA POWER AND LIGHT COMPANY ("FPL") FOR THE PROVISION OF NEW TRANSFORMER FOR THE VILLAGE PARK PROJECT IN THE AMOUNT NOT TO EXCEED TWENTY THOUSAND THREE HUNDRED NINETY-TWO DOLLARS AND NINETY-ONE CENTS ($20,392.91); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE TASK AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES INC., (CGA) FOR THE PROVISION OF ENGINEERING, PROFESSIONAL CONSTRUCTION ADMINISTRATION AND ASSOCIATED SERVICES FOR THE SANITARY SEWER MAIN REPLACEMENT WORK RELATED TO THE UTILITIES INFRASTRUCTURE IMPROVEMENTS PROJECT PHASE 3(A), AS SPECIFIED WITHIN CGA PROPOSALS NO. 17-9868.60, IN THE AMOUNT NOT TO EXCEED FORTY-FOUR THOUSAND SEVEN HUNDRED EIGHTY ($44,780) DOLLARS, INCLUSIVE OF A SEVEN PERCENT (7%) CONTINGENCY ALLOCATION IN THE AMOUNT OF TWO THOUSAND NINE HUNDRED THIRTY ($2,930) 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 (5-0). Bal Harbour Village Council Regular Meeting Minutes — January 18, 2022 Page 13 R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 13, "PENSIONS AND RETIREMENT BENEFITS," BY AMENDING THE POLICE OFFICERS' PENSION PLAN TO CREATE A NEW SECTION 13-63, "EARLY RETIREMENT INCENTIVE PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this item implementing one of the aspects of the collective bargaining agreement approved last year, the early retirement program offered to employees. Of 15 eligible 3 have signed up. There were no comments from the public. MOTION: A Motion to pass the Ordinance on first reading was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. 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 on first reading 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 2022 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that several years ago the Council had suggested that the focus for the legislative priorities be on grant opportunities, and that staff had identified this year's priorities relative to the Capital Improvements Program. He said that the Council should identify priorities relative to policy. Ron Book described potential impacts resulting from possible redistricting changes, bills regarding preemption, and sovereign immunity and the gas tax. The Village attorney suggested that the Resolution be amended to include the Administration's two capital improvement funding items related to its capital improvement Bat Harbour Village Council Regular Meeting Minutes — January 18, 2022 Pa g e 14 priority projects, including Bal Harbour Village ADA Compliant Park Enhancements for $425,000, and Bal Harbour Village Jetty Elevation and Safety Enhancements for $500,000. MOTION: A Motion to amend the Resolution to include the Administration's two capitly improvement projects was moved by Vice Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). MOTION: A Motion to pass the Resolution was moved by Councilman Jeffrey Freimark 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 THE OPIOID SETTLEMENT INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY GOVERNING THE USE OF OPIOID SETTLEMENTS ALLOCATED TO THE MIAMI-DADE COUNTY REGIONAL FUND; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that although Village is not involved in opioid litigation, there are a lot of communities that are affected, and that if would behoove the Village to join in with the County and the State. Ramiro Inguanzo, Assistant Village Manager said that items R7B and R7C are related and that the County Mayor's office had reached to the Village to encourage our participation a national litigation that it would help other communities access dollars. Ms. Trevarthen added that the State gets more dollars if it can get the maximum number of local government participants. MOTION: A Motion to pass the Resolution was moved by Councilman David Albaum and seconded by Vice Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE STATE OF FLORIDA AND OTHER PARTICIPATING LOCAL GOVERNMENT UNITS FOR THE ALLOCATION AND USE OF OPIOID SETTLEMENT FUNDS TO ABATE AND RESOLVE THE OPIOID EPIDEMIC; PROVIDING FOR Bal Harbour Village Council Regular Meeting Minutes — January 18, 2022 Page 15 AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez said that this item was related to R7B and it was for a Memorandum of Understanding with the State. MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and seconded by Vice Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item regarding power assisted electric bikes and scooters on the beach path - Councilman Buzzy Sklar Councilman Sklar introduced the item say that the beach path has been unbelievably crowded, and that unfortunately, there is an increasing number people riding electrical power -assisted bicycles on the path. He said that the number of electric scooters on the path is also problematic. He suggested that both types of vehicles should be banned from the path and sidewalks. Captain Mauricio Escarra, Bal Harbour Police said that, per Florida Statute, person riding an electric bike has the same rights and privileges of person riding a bicycle, but the Statute allows for a legislative body to regulate the utilization of certain paths. Mayor Groisman said that he agreed with Councilman Sklar in regards to the Beach Path but had concerns about banning them from sidewalks and pushing these vehicles into the street. He suggested that the item should be brought to Council as an ordinance for further review and discussion. Councilman Freimark said that he agreed Councilman Sklar regarding the Beach Path, but asked for clarity on what the Council could do to regulate these vehicles on the sidewalks. Mr. Gonzalez said that he would ask the Village Attorney to research what could be done. Councilman Albaum said that he also agreed with regulating the Beach Path, and asked how the ordinance would be enforced. A general discussion ensued regarding an education campaign for the community to provide awareness of Beach Path regulations. Bal Harbour Village Council Regular Meeting Minutes — January 18, 2022 Page 1 6 R9B Discussion Item regarding establishing a drive through rapid testing site in Bal Harbour, under the Haulover Bridge - Vice Mayor Seth E. Salver Vice Mayor Salver introduced the item saying that he had received an email from a resident offering drive through rapid testing services and asked Staff to review. Mr. Inguanzo said that the email was from David and Simon Shoshan, Adlab, who provided testing materials for rapid testing to the County, and were proposing a pilot drive through site, in the Village. A general discussion ensued regarding the proximity of rapid testing sites and the need for an additional site in Bal Harbour, given the lack of available space, with a general consensus to table the issue for the time being. R9C Discussion Item regarding Interlocal Shuttle Agreement - Village Manager Jorge Gonzalez Mr. Gonzalez introduced the item saying the Village had entered into a interlocal agreement a couple of years ago with Bay Harbor Islands and Surfside to explore a tri-city public transit program, that could introduce an on -demand program. He said that he had recommended fast -tracking the on -demand program so State grant dollars could be spent with a 40/40/20 percent split, 20% for Bal Harbour. He added that if the on -demand is not implemented, the shuttle program should be reactivated to maintain CITT funding. Councilman Freimark asked if there were demand from the residents and whether or not we would be creating something that is not being requested. He added that the seniors of the community are far more tech savvy than given credit. Councilman Albaum said that he agreed, that the service may not be needed. Mr. Gonzalez described the proposed geographic area that would be serviced and said that he would recommend a third vehicle to provide the services. He said that the Village receives CITT (Citizen's Independent Transportation Trust) money that either must be spent or returned. Councilman Freimark suggested wait to see what the Bay Harbor Island Council decides and the continue this dialogue on whether or not we would like to participate in an on - demand program. Councilman Sklar said that he believed a set route would be a better way to go, then asked what stops the Village from doing this alone, adding that the focus should be to provide the best service possible for the residents. R9D - PUBLIC COMMENT Lauren Koplowitz, 177 Bal Cross Drive, speaking on behalf of the Bal Harbour Civic Association, said that there is concern in the confidence of the work that is being Bal Harbour Village Council Regular Meeting Minutes — January 18, 2022 Pa g e 1 7 conducted on the sanitary sewer system on Bal Bay Drive, adding that she had received complaints of backflow. Mr. Gonzalez provided an overview of the work being conducted, saying some of the lines that were existing before work began were either flats sloped or back pitched and that they would be replaced and pitched properly. He said that milling and paving of the roads had been put on hold for FP&L work to be conducted. He suggested that if the FP&L work were to be two to three years out, that the paving should be done then have FP&L repave when they are finished. Ms. Koplowitz then then asked if the planned work for the security gate on Bal Bay Drive be fast tracked due about her concerns for security and safety caused by park construction, the construction fence and the loss of hedges. She said that with Bal Harbour Shops construction workers going to and from work present more eyes and traffic in the area. Mr. Gonzalez said that he was planning to provide an update of the sanitary sewer work and the park construction at the next Civic Association Meeting to keep the residents informed. He said that he had already asked Matilde Reyes, Capital Program Manager, to explore options for work on the gate. Penny Sepler, 10275 Collins Avenue, wished everyone a Happy New Year. She said she was disappointed current public art, the Manolo Valdez sculptures in that they were not unique to Bal Harbour and that all the sculpture signage says "Circle Gallery Design District. Mr. Barrett announced that the final sculpture would soon be going into Founder's Circle and all the signage is scheduled to be replace. Vice Mayor Salver said that he had received a lot of positive feedback of the sculptures and reminded everyone that the cost to the Village for the installation was zero dollars. R10 - VILLAGE MANAGER REPORT Chief Raleigh Flowers provided an update of an incident in the Gated Community regarding a person tailgating a stolen Audi into the community, stealing a Land Rover and then stealing a purse from Bentley. He said that the offenders had gotten out of the community, and after a high-speed chase to North Miami Beach, crashed the Audi. He said the Land Rover had been recovered and as well as the purse, minus some cash. He added that personnel staffing had been adjusted to provide more patrols and decoy vehicles were now being utilized. Bal Harbour Village Council Regular Meeting Minutes — January 18, 2022 Page 18 R11 - VILLAGE CLERK REPORT R1 1A Lobbyist Report R1 2 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Report END OF REGULAR AGENDA ADJOURNMENT - The meeting was adjourned at 8:56 P.M. Attest: la( - Dwight S. Danie, Village Clerk Mayor briel Groisman Bat Harbour Village Council Regular Meeting Minutes — January 18, 2022 Page 19