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