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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