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HomeMy Public PortalAbout2022-02-15 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. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. Bal Harbour Village Council Regular Council Meeting Minutes February 15, 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 www.balharbourfl.gov) and members of the public were encouraged to participate by email (meetic-4c}ss aalkzarlsa.u?Lgov) or by telephone at 305-865- 6449. CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Mayor Gabriel Groisman called the meeting to order at 6:37 P.M. The following were present: Mayor Gabriel Groisman Vice 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. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. PRESENTATIONS AND AWARDS Introduction of David Whitaker, President & CEO, Greater Miami Convention and Visitors Bureau Mayor Groisman introduced Mr. David Whitaker and Mr. Gonzalez provided a brief overview of Mr. Whitaker's experience in working with the community. Mr. Whitaker thanked everyone saying that he had met with Mr. Gonzalez and understands the high expectations for tourism destination marketing. He said that the hotel and Shops average daily rate numbers are currently phenomenal and that it will be interesting to see how long they can be maintained with the collaboration with the Village. He said that he is looking forward to working with the Village as partner. Mayor Groisman thanked Mr. Whitaker and encouraged him to utilized the Village, and get the Village involved as much as possible. CONSENT AGENDA C6 - COUNCIL MINUTES January 18, 2022 Village Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF THE UNITY OF TITLE, SUBMITTED BY SHAWN WAX JTRS AND RONALD DOBRIN JTRS, FOR THE PROPERTIES LOCATED AT 10205 COLLINS AVENUE, UNITS 1501 AND 1503, BAL HARBOUR FLORIDA, 33154, TO COMBINE THE TWO CONDOMINIUM UNITS INTO ONE CONDOMINIUM UNIT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: A motion to approve the Consent Agenda was moved by Vice Mayor Seth Salver and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). 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. Bal Harbour Village Council Regular Meeting Minutes — February 15, 2022 Page 12 Mr. Gonzalez introduced the item saying that the ordinance was consistent with the Collective Bargaining Agreement approved in November, and that this being the early retirement portion, he expects that there will be three employees that will participate. He said he was suggesting a slight amendment to the ordinance to allow for the staggering of departures, where the language would be changed to require a release of claims form on the last day of employment, instead of February 28. He then provided a brief progress report of the hiring of new officers. There were no comments from the public. Ms. Trevarthen read the language to be amended, adding that she was also suggesting that the word "final" be inserted before "wage cost" in Section (c)4. MOTION: A motion to amend the ordinance to change the time for the release of claim form to be required on the last day of employment was moved by Mayor Gabriel Groisman and seconded by Vice Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). MOTION: A Motion to pass the Ordinance on second reading as amended was moved by Mayor Gabriel Groisman and seconded by Vice Mayor Seth Salver. 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 second reading by unanimous roll call vote (5-0). R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; CREATING SECTION 17-52 OF ARTICLE II, "SIDEWALKS," OF CHAPTER 17 OF THE CODE OF ORDINANCES RELATING TO THE USE OF MOTORIZED MEANS OF TRANSPORTATION ON SIDEWALKS WITHIN THE VILLAGE; AMENDING SECTION 10-31 OF ARTICLE II, "USE OF PUBLIC BEACHES," OF CHAPTER 10 OF THE CODE TO PROHIBIT THE USE OF MOTORIZED MEANS OF Bal Harbour Village Council Regular Meeting Minutes — February 15, 2022 Pagel 3 TRANSPORTATION ON THE AREA OF HARD PACK SAND ON VILLAGE BEACHES WEST OF THE SAND DUNES; AMENDING SECTION 19-27 OF CHAPTER 19, "TRAFFIC AND MOTOR VEHICLES," OF THE CODE TO CLARIFY PROHIBITIONS ON THE USE OF MOTORIZED VEHICLES ON VILLAGE SIDEWALKS AND THE VILLAGE JOGGING PATH; AMENDING SECTION 2-191, "SCHEDULE OF CIVIL PENALTIES," OF CHAPTER 2 TO CREATE RELATED PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this ordinance was before the Council per the Council's request following a discussion item in the January 2022 meeting. Captain Mauricio Escarra, Bal Harbour Police, provided an overview of the requirements of the ordinance and State statutes regarding the allowance of the use human powered vehicles, but not motorized vehicles, on sidewalks. He said that the Beach Path fell into the category of multi -use paths, so that unlike sidewalks, vehicles could be restricted. Council Sklar proposed that use of an ordinary bicycle under human power should be allowed on the Beach Path. He suggested that there should be a ban on electric bicycles, whether or not they are being operated with human power only, to which Councilman Freimark said that thought that that idea was too restrictive. Mayor Groisman said that non -electric bicycles are also problematic in that they are easily capable of being operated at speeds in excess of twenty miles per hour. He said that many people, including seniors, operate electric bikes at much slower speeds. He said that he would not be opposed to regulating electric bikes on the Beach Path. He suggested that any further regulation of sidewalks be removed from this ordinance so as not to push traffic into Collins Avenue, which he said is dangerous. He also suggested that the penalties should be tiered, with a written warning being the first step. Vice Mayor Salver said that the sidewalks were more dangerous and compact with existing pedestrian and vehicular traffic. He said that he was okay with electric bicycles, that were diverted from the Beach Path, being operated under human -power -only on the sidewalks. Babak Raheb, 128 Balfour Drive, said that it should not matter whether or not a bicycle is powered manually or with an electric motor. He said that electric bikes are generally safer that manual bikes, and that more older people use electric bikes for that reason. Councilman Albaum said both manually powered bikes and electric bikes can be operated at high speeds and asked what was the goal of this ordinance, to which Councilman Sklar said that electric bikes allow for a non -athletic person at the same speeds as an athletic person. David Wolf, 223 Bal Bay Drive, asked what was the impetus of the ordinance, and asked if there had been accidents. He asked if this ordinance could actually be enforced. He added that other electric vehicles, i.e. scooters, were not capable of reaching higher speeds. Bal Harbour Village Council Regular Meeting Minutes — February 15, 2022 Page 14 Councilman Sklar responded he had observed that the traffic on the Beach Walk was getting more congested that he had presented the item to be proactive in maintaining safety. Penny Sepler, 10275 Collins Avenue, said that the sidewalks were more problematic than the Beach Path, in that the bus stops and be sidewalks being narrow, make the sidewalks more dangerous. MOTION: A motion pass the ordinance as written was moved by Vice Mayor Sal ver and seconded by Councilman Sklar. Councilman Freimark said that he felt that the Council was lurching from on issue to another in regards to the sidewalks and the Beach Path, and said that with all the money being invested ongoing projects, a professional guidance and a plan are needed to layout the public areas. Mayor Groisman said that the intent of the ordinance is right, but nothing would be changed, adding that design is the only way effectively solve the issue. Councilman Freimark added that there has to be a better way for children to get to the new park, other than using Collins Avenue. MOTION: A Motion carve out the sidewalks from t he Ordinance on was moved by Mayor Gabriel Groisman. There was no second. Councilman Albaum said that he had proposed a comprehensive plan at the time the leash ordinance was under consideration, and that he felt that he was not so sure the Council was prepared to consider this item. ROLL CALL VOTE Mayor Gabriel Groisman No Vice Mayor Seth E. Salver Yes Councilman David J. Albaum No Councilman Jeffrey P. Freimark No Councilman Buzzy Sklar Yes VOTE: The Motion failed by roll call vote (2-3). Bal Harbour Village Council Regular Meeting Minutes -February 15, 2022 Page IS There was a general consensus that a comprehensive plan, backed by data, was the next step. Mr. Gonzalez said that he would seek proposals from those that that have the unique of skill sets required. R7 - RESOLUTIONS There were not resolutions to consider. R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item regarding an On -Demand Shuttle Service - Village Manager Jorge Gonzalez Mr. Gonzalez provided a recap of the discussion held during the January Council meeting regard the On -Demand Shuttle Service. He reviewed pricing information, provided by Jason Spiegel, Freebee, the provider of the on -demand ride service, who was attending the meeting via Zoom. He then presented vehicle options and showed maps of the geographic areas covered by a 3 -mile radius and a 5 -mile radius. He said that the Village was being asked to share the costs equally with Bay Harbor Island and Surfside, resulting in a $67,000 cost for Bal Harbour, which would include 2 cars and a third for an ADA compliant vehicle. Grant money, $34,000 for the Village, would also be available. He then presented stand-alone costs of around $101,000 for one vehicle and an ADA backup solely for Village residents. He said that the question before the Council was whether or not we wanted a unified service with the other communities or have our own service. Vice Mayor Salver said he was assured that the grant was renewable, and that there was little to lose to enter into a MOU with the other communities, in a spirit of cooperation and comradery, adding that if it doesn't work, we can bring it in house and do better. Councilman Sklar said that the importance of a service like this was the convenience to the residents. Councilman Albaum said that he agreed with Councilman Sklar, but that he did question the need for the service. He added that he would like to see the service extend to Mt. Sinai. Mayor Groisman said that he also agreed with Councilman Sklar. He said that since this service is becoming commonplace, and that it is being used more and more, it will be used a lot by residents of Bay Harbor and Surfside to the detriment of Village residents. He suggested that the geo-fence be narrow, encompassing Haulover, Surfside and Bay Harbor, so that trips and waiting times would be short. Bat Harbour Village Council Regular Meeting Minutes — February 15, 2022 Page 16 Councilman Freimark said Jeffrey said that he would like to see more facts to make a decision and that the need to provide a service to Mt. Sinai can't be understated. Mr. Spiegel said that geo-fences can be fully customized depending on the goals of the municipality, whether it be for longer travel distances with longer waiting times or shorter distances and shorter waiting times. He said that the services would be for 56 hours per week, 8 hours per day. He said that the average waiting time in Coral Gables was eight minutes, while the average waiting time in Miami Beach was fifteen to twenty -minutes. There was a general consensus from the Council for Mr. Gonzalez to meet with Mr. Spiegel to present different options available to the Village with the goal of keeping wait times from ten to fifteen minutes. Babak Raheb, 128 Balfour Drive, said that the service should be for Bal Harbour residents and agreed with the goal of a ten -to -fifteen -minute wait time. Penny Sepler, 10275 Collins Avenue, said that she agreed that the service should be the Village's alone, and if successful it could be expanded. She said that if someone need to wait more than fifteen minutes, they just as easily take a bus, which would also be free for elders. She added that Uber is also available. David Wolf, 223 Bal Bay Drive said that it was important to understand what the goals of the service are, for example, serving residents or serving anybody in the area, adding that he liked the ability to have control. R9B PUBLIC COMMENT Penny Sepler, 10275 Collins Avenue, asked why the traffic on Collins Avenue was so terrible up until 96th Street. Vice Mayor Salver said the problem stemmed from lane alignment, to which Mayor Groisman added that the it is also due to traffic light timing and generally more full-time residents. Babak Raheb, 128 Balfour Drive said that he was experience and issue caused by zoning. He explained that a new house was being constructed next to his on a property whose back boundary faces the side of his property, and that zoning code does not require tiered setbacks on the back, as it does on the sides, thus presenting the effect of a thirty-foot wall the entire length of his property. He said that he was hoping for an ordinance change that would address this particular issue. He said that the Architectural Review Board could only recommend that he address the issue with the neighbor, since the project was in compliance with zoning. Mayor Groisman offered to help Mr. Raheb mediate with the neighbor. Bal Harbour Village Council Regular Meeting Minutes — February 15, 2022 Page 1 7 Attest: R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R1 1A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Report END OF REGULAR AGENDA ADJOURNMENT - The meeting was adjourned at 8:15 P.M. DwightS. Danie, Village Clerk Mayor Gabriel Groisman Bal Harbour Village Council Regular Meeting Minutes — February 15, 2022 Page 18