HomeMy Public PortalAbout2022-04-11 Regular Meeting MinutesBAL 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
April 11, 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 (meetings@bairharoour{I.gov) or by telephone at 305-865-
6449.
CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Mayor Gabriel Groisman called the meeting
to order at 6:33 P.M.
The following were present:
Mayor Gabriel Groisman
Vice Mayor Seth Salver (6:49 PM)
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. The Village Attorney
statement for meeting decorum.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
There were no requests.
PRESENTATIONS AND AWARDS
PA1 Proclamation for Opera Gallery (Deferred)
read the
PA2 GFOA Award Presentation
This item was heard at 6:37 PM in conjunction with Agenda Item R7A following the
consideration of the Consent Agenda.
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Approval of Minutes
March 3&4, 2022 Council Retreat Minutes
March 15, 2022 Workshop Minutes
March 15, 2022 Regular Council Meeting Minutes
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE SUBMISSION AND ACCEPTANCE OF A
FLORIDA INLAND NAVIGATION DISTRICT (FIND), "WATERWAYS
ASSISTANCE PROGRAM" GRANT, FOR THE JETTY AND CUTWALK
RESTORATION PHASE II STRUCTURAL PROJECT, AS DETAILED WITHIN THE
GRANT APPLICATION SUBMITTED MARCH OF 2022; IN THE ESTIMATED
GRANT FUNDED AMOUNT OF TWO MILLION DOLLARS ($2,000,000);
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE ACCEPTANCE OF A FLORIDA INLAND
NAVIGATION DISTRICT (FIND), "WATERWAYS ASSISTANCE PROGRAM"
GRANT AWARD, FOR THE BAL HARBOUR VILLAGE MARINE PATROL
VESSEL PROJECT, AS DETAILED WITHIN THE GRANT APPLICATION
SUBMITTED MARCH 2022; IN THE ESTIMATED GRANT FUNDED AMOUNT
OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000); PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE FIRST ADDENDUM TO THE 2014 KENT
SECURITY SERVICES, INC., AGREEMENT FOR THE PROVISION OF
CONTINUOUS SECURITY SERVICES WITHIN THE GATED RESIDENTIAL
COMMUNITY; INCORPORATING A REVISED FEE SCHEDULE, AT A COST
NOT TO EXCEED ANNUAL BUDGETARY ALLOCATIONS; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH ARDAMAN AND
ASSOCIATES, INC TO PROVIDE THE NECESSARY INSPECTION AND
MATERIAL TESTING SERVICES FOR THE VILLAGE PARK PROJECT, IN THE
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 Page 1 2
AMOUNT OF THIRTY THOUSAND EIGHT HUNDRED THIRTY DOLLARS
($30,830) AND ACCEPTING AN ALTERNATE FOR A NOT TO EXCEED
AMOUNT OF FOURTEEN THOUSAND NINE HUNDRED EIGHTEEN
DOLLARS ($14,918); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH C&I CONSTRUCTION AND
DESIGN, INC. FOR THE REHABILITATION AND LINING OF STORMWATER
STRUCTURES, AT A COST NOT TO EXCEED EIGHTY THOUSAND DOLLARS
($80,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPOINTING DAVID KOPLOWITZ TO THE ARCHITECTURAL
REVIEW BOARD (ARB); PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE.
C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING AND APPROVING THE SPONSORSHIP OF UP TO
$50,000 FOR THE ICE CREAM WE LOVE EVENT AT THE BAL HARBOUR
SHOPS; TO BENEFIT THE HOLTZ CHILDREN'S HOSPITAL / UNIVERSITY OF
MIAMI -JACKSON HEALTH CARE; 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 Councilman Buzzy Sklar.
VOTE: The Motion passed by unanimous voice vote (4-0).
R5 - ORDINANCES
R5A AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF BAL
HARBOUR VILLAGE, FLORIDA, BY AMENDING CHAPTER 13 "PENSIONS
AND RETIREMENT BENEFITS," ARTICLE II "EMPLOYEE'S PENSION PLAN" BY
AMENDING SECTION 13-26, "DEFINITIONS"; SECTION 13-27 "ELIGIBILITY";
SECTION 13-28 "RETIREMENT DATES AND RETIREMENT BENEFITS";
SECTION 13-31, "TERMINATION OF EMPLOYMENT"; SECTION 13-32,
"CONTRIBUTIONS"; AND SECTION 13-38, "MISCELLANEOUS
PROVISIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Bal. Harbour Village Council Regular Meeting Minutes — April 11, 2022 Page 13
This item was heard at 6:49 PM following Agenda Items PA2 and R7A. Vice Mayor Salver
also arrived at 6:49 PM. Mr. Gonzalez introduced the item saying that changes and
amendments related to new employees hired after May 1, 2022. He said that the
ordinance also amends the eligibility for Village Manager per the amendments to his
contract, and would also allow for Councilmembers to participate in the Bal Harbour
Village General Employees' Pension Plan. He presented the Actuary's Impact statement
saying that it had been transmitted to the State of Florida, as required.
There were no comments from the public.
MOTION: A Motion to pass the Ordinance on second reading as amended at first reading
was moved by Vice Mayor Seth Salver and seconded by Councilman David Albaum.
ROLL CALL
VOTE
Mayor Gabriel Groisman
No
Vice Mayor Seth E. Salver
Yes
Councilman David J. Albaum
Yes
Councilman Jeffrey P. Freimark
Yes
Councilman Buzzy Sklar
Yes
VOTE: The Motion passed by roll call vote (4-1) with Mayor Groisman voting against the
item.
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; ACCEPTING THE ANNUAL COMPREHENSIVE FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021, RELATING
TO THE ANNUAL AUDIT PERFORMED BY THE VILLAGE'S INDEPENDENT
AUDITOR, RSM US LLP; PROVIDING FOR AN EFFECTIVE DATE.
This item was heard at 6:37 PM in conjunction with Agenda Item PA2 following the
consideration of the Consent Agenda. Mr. Gonzalez introduced the item saying that this
item was for the receipt and acceptance of the annual financial audit. He introduced Bob
Feldman and Anil Harris from RSM US LLP. Mr. Harris reviewed highlights of the audit
saying that it had been an unmodified/clean opinion. He said that as a result of a new
standard, GASB 84, there had been a restatement in the current year, but it was immaterial
in nature. He said that in terms of financial results, assets exceeded liabilities resulting in a
fund balance of $32.5 million and a $5.5 million net income in the General Fund, and q
$377 thousand income for Water Sewer.
Mayor Groisman asked for a clarification of the implementation and impact fee, to which
Mr. Harris said that the $301 was reclassified from a liability to a net position.
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 Page 1 4
Councilman Freimark asked if there had been any adjusting entries required by the
auditors to which Mr. Harris responded that that there had not.
Mr. Feldman read the required report to the Mayor and Council saying that there had not
been any significant or unusual transactions, and no disagreements or significant issues,
which he said was rare, giving credit to the Manager and Finance Team. He then presented
the Government Finance Officers Association (GFOA) Certificate of Achievement, adding
that this was the eighth year in a row that the Village had received this award.
There were no comments from the public.
MOTION: A motion to approve the resolution was moved by Mayor Gabriel Groisman
and seconded by Councilman Buzzy Sklar.
VOTE: The Motion passed by unanimous voice vote (4-0) with Vice Mayor Salver not
being present.
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, AMENDING THE FISCAL YEAR 2021-22 BUDGET; PROVIDING
FOR EXPENDITURE OF FUNDS; PROVIDING FOR AMENDMENTS;
PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Gonzalez introduced the item saying that this item would amend the FY -2022 Budget,
as well as it would set aside the additional reserves described in Agenda Item R7A. He said
the year ended with a $5.4 million surplus and that it would be up to the Council's to decide
where to place the surplus funds. He suggested that $1.25 million be set aside for
stormwater-type repairs, $1 million be placed into the Capital Reserve Fund and that the
remaining $2.3 million be placed into the Undesignated Fund Balance.
Councilman Sklar asked what the estimated budget would be for the stormwater project,
to which Mr. Gonzalez said that it would be around $8-9 million over the duration of the
project. He described the components of the program, completed, underway and future.
He said that he anticipated a surplus next year, and that once programs, like the Park and
the Jetty are completed, more funds can be allocated to the stormwater project.
There were no comments from the public.
MOTION: A motion to approve the resolution was moved by Vice Mayor Seth Salver and
seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (5-0).
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 Pa g e 1 5
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH MORGAN STANLEY SMITH
BARNEY LLC THROUGH GRAYSTONE CONSULTING TO PROVIDE
INVESTMENT MANAGEMENT SERVICES TO THE VILLAGE FOR A FEE NOT
TO EXCEED FIVE BASIS POINTS OF THE ASSETS UNDER MANAGEMENT;
APPROVING AN AGREEMENT WITH US BANK FOR INVESTMENT
CUSTODIAL SERVICES FOR A FEE NOT TO EXCEED ONE BASIS POINT FOR
THE ASSETS UNDER CUSTODY; IDENTIFYING THE VILLAGE MANAGER
AND THE MANAGER'S DESIGNEES AS AUTHORIZED PERSONS UNDER
THE MORGAN STANLEY SMITH BARNEY AGREEMENT; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying that, as the fund balance grows, there is a sizeable
amount of money that is held and not needed for three to five years. He said Morgan
Stanley through Graystone, the current investment advisors for the General Employees'
Pension Plan, provide investment services, and that there is an opportunity to piggyback
with them for investment and custodial services. He said that based on their estimates,
doing so could possibly result in a one percent more return than current State -held
investments.
Mayor Groisman asked how this item was brought to the Council, to which Mr. Gonzalez
said that treasury management is not unusual in larger governments, that the Florida pool
is usually adequate for smaller governments. He said that since the fund balance had
grown, he had conducted research for better options. Councilman Freimark said that said
the he had had the discussion when on the phone to Graystone.
Scott Owens and Brian Andzik, Graystone from Morgan Stanley, described the advantages
over the State option. Mr. Andzik said that currently we are in an environment where
securities offer a better yield than money market or bank deposit rates. He said the Village
is currently paying for daily liquidity and that even in the proposed system, State Statute
limits the type of securities that can be owned, but he would expect to quickly increase
cash flow.
MOTION: A motion to approve the resolution was moved by Councilman Jeffrey
Freimark and seconded by Vice Mayor Seth Salver .
VOTE: The Motion passed by unanimous voice vote (5-0).
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A NEW BUILDING PERMIT FEE SCHEDULE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 Page 1 6
Mr. Gonzalez introduced the item as a result of the work he had done in re -negotiating the
Development Agreement with the Bal Harbour Shops, and changes at the State level
regarding permit fees. He said it has been at least six years since the Village last reviewed
its permit fees. He introduced Jorge Duyos, JRD & Associates, whose firm had been
engaged by the Village to conduct a rate study.
Mr. Duyos presented a two -tiered proposed building permit fee structure saying that
underlying goals were to ensure that there is cost recovery, that fees are easy and concise,
and that there is money in reserves. He provided a comparative analysis and showed the
projected revenue.
There were no comments from the public.
Mayor Groisman said that the presentation was well -thought out and reasonable, and that,
what would be ideal would be to see more services while keeping the fees low. He asked
the Eliezar Palacio, Building Official, if money was no object, what would it take to give the
best services possible. Mr. Palacio said that we would like to provide a five-day inspection
process.
Councilman Freimark said that to see have a more holistic view, he would like to see
presentation of what services are provided in order to determine the optimum level of
services. He suggested pushing the item to the next Council meeting.
MOTION: A motion to defer the resolution until the next Council meeting was moved by
Mayor Gabriel Groisman and seconded by Councilman Buzzy Sklar.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH SUPERIOR LANDSCAPE
AND LAWN SERVICE, INC. TO PROVIDE THE NECESSARY LABOR AND
MATERIALS FOR THE SUPPLY AND INSTALLATION OF LANDSCAPING AND
IRRIGATION AT THE JETTY ENTRY PLAZA, IN THE AMOUNT NOT TO
EXCEED ONE HUNDRED FIFTY-FIVE THOUSAND THREE HUNDRED
EIGHTY-EIGHT DOLLARS ($155,388) WITH AN ALTERNATE IN THE NOT TO
EXCEED AMOUNT OF THIRTY-FOUR THOUSAND THIRTY-EIGHT DOLLARS
($34,038) AND A (15%) CONTINGENCY AMOUNT NOT TO EXCEED
TWENTY-THREE THOUSAND THREE HUNDRED EIGHT DOLLARS ($23,308);
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Gonzalez introduced the item saying that this item is a component of the Jetty project
and concerns the plaza underneath the Bridge. He said grant funding from the Florida
Department of Transportation required a timely expenditure of the funds.
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022
Page 17
There were no comments from the public.
MOTION: A motion to approve the resolution was moved by Councilman David Albaum
and seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7F A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022 IN BAL HARBOUR VILLAGE FOR THE PURPOSE OF
ELECTING THREE VILLAGE COUNCILMEMBERS (DISTRICTS 1, 3 and 5);
PROVIDING THAT MIAMI-DADE COUNTY ELECTIONS DEPARTMENT
SHALL CONDUCT SAID ELECTION; PROVIDING THAT THE VOTING
PRECINCT FOR SAID ELECTION SHALL BE ESTABLISHED BY MIAMI-DADE
COUNTY; PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR
A RUNOFF ELECTION, IF NECESSARY; PROVIDING FOR THE FORMS OF
BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE
LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTIONS TO
MIAMI-DADE COUNTY.
Mr. Gonzalez introduced the item, saying this item sets the date of the General Municipal
Election.
There were no comments from the public.
MOTION: A motion to approve 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).
R7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE
APPROVING THE FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN BAL HARBOUR VILLAGE, FLORIDA AND JORGE M. GONZALEZ
IN ACCORDANCE WITH THE AMENDMENT ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item saying that this item was amended the Village Manager's
contract to include changes discussed at a public workshop and Council Retreat.
Vice Mayor Salver said that he felt really good on where this process has landed. He said
that he would like to see it approved given all the Village Manager has done for the Village.
Councilman Freimark said that the outcome the negotiations was fair and equitable.
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 P a g e 1 8
There were no comments from the public.
MOTION: A motion to approve the resolution 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 by unanimous roll call vote (5-0).
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion Item regarding FreeBee On -Demand Shuttle Service - Village
Manager Jorge M. Gonzalez
Mr. Gonzalez introduced the item providing a brief recap of the discussions held at the
January 18 and February 15 Council meetings in regards to the proposed 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.
Mayor Groisman suggested that the geo-fence be limited to all of Bal Harbour with the
inclusion of the commercial districts of Bay Harbour Islands as far east as West Bay Harbor
Drive and of Surfside as far south as Publix on 94th Street.
There was a general consensus to bring this item with the suggested geo-fence back to
the Village Council.
Mayor Groisman suggested discontinuing public access to Village meetings by Zoom
given that COVID numbers are low, with the caveat that it could be resumed again if
necessary. There was a general consensus to do so.
Councilman Sklar asked if there were some way to keep tabs on discussion items that have
been put on hold, whether to do research, or for whatever reason, to which Mr. Gonzalez
responded that he does his best to do so. Mayor Groisman added that the person who
brought the discussion item to Council should be able to get the status from the Manager.
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 Page 19
R9B - PUBLIC COMMENT
Luke McKee, Khe Sanh, Hanoi, in the Thanh Oie Province of Vietnam viz Zoom, said he was
an anti-pedophilia normalization activist, saying that he opposes what he believes to be
criminal activity in Bal Harbour and Bay Harbour Islands.
Mayor Groisman said anti-Semitism have no place in our society and no place in our nation,
and that anti-Semites, like racists, are the lowest rung of modern society.
R10 - VILLAGE MANAGER REPORT
R11 - VILLAGE CLERK REPORT
R11A Lobbyist Report
R12 - VILLAGE ATTORNEY REPORT
R1 2A Village Attorney Report
END OF REGULAR AGENDA
ADJOURNMENT - The meeting was adjourned at 8:18 P.M.
Dwight S. Danie, Village Clerk
r Gabriel Groisman
Bal Harbour Village Council Regular Meeting Minutes — April 11, 2022 Pagel 10