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Home My Public Portal About2022-03-15 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 March15, 2022 At 6:30 PM Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154 This meeting will be conducted in -person and virtually via "Zoom" in order to minimize exposure to the Coronavirus to Councilmembers and members of the public. The meeting will also broadcast on the Village's website (www.balharbourfl.gov) and members of the public are encouraged to participate by email (meetings@balharbourfl.gov) 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 (via Zoom) 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. Councilman Freimark left the meeting at 6:39 PM PA1 Police Department Semi -Annual Presentation This item was heard at 7:31 PM, following Agenda Item PA2. Bal Harbour Village Chief of Police Raleigh Flowers provided an overview of his department, showing current staffing levels in comparison to other communities. He said that his officers respond to calls 24/7 hours/day with an average response time of 46.6 seconds, after which he presented statistics for calls for service for 2021. He described the Department's Community Policing Program and events organized to build mutual trust with residents and businesses. Chief Flowers then provided a presentation of statistics from his department showing that there was a notable increase in law enforcement activity in 2021 involving traffic and parking violations and that Part I crimes still remain low. A discussion ensued regarding safety versus the perception of safety. He then described the accomplishments his officers and the recognition that they had received over the year. Mayor Groisman thanked Chief Flowers and his whole Department in making the community as safe as it is. PA2 Fire Department Annual Presentation This item was heard at 6:39 PM. Fire Chief Alan Cominsky, Director of Miami -Dade Fire Rescue, presented his Annual Service Delivery Report for 2021. He provided an overview of his department and the services provided from the two stations servicing Bal Harbour, located in Bay Harbor Islands and Haulover. He said that in 2021, there had been a total number of 780 incidents in Bal Harbour Village with an average response time of 7:00 minutes, adding that a customer feedback survey showed a 99% satisfaction rate for Village residents. Councilman Albaum asked what variables would affect response times, to which Chief Cominsky said that his department utilizes AVL (Automatic Vehicle Locator) and GPS that identify the closest vehicle. He said that there are multiple variables, including traffic, and what, and key measurements of success are response time and unit availability. He said that he would run a cross comparison. Mr. Gonzalez explained that Councilmembers had heard a different response time for police and clarified with Chief Cominsky that the 911 call time included with the Fire Rescue time and whereas Police response time does not. Council Sklar said that Chief Cominsky brought up a good point that traffic is a key variable say that traffic during peak hours and holiday weekends adds to response time. Vice Mayor Salver said that it is important to stay ahead of the curve in making sure that there are enough units to service the area given that there has been a thirty percent increase in population, Chief Cominsky said that an increase in population does not Bal Harbour Village Council Regular Meeting Minutes — March 15, 2022 Page 1 2 necessarily mean an increase in service calls. He said that the number of units is based on response time and unit availability, numbers of which are monitored on a quarterly basis. Mayor Groisman said that he is happy with the response times, that they are consistent with previous years, and that they meet the national standards. He said the he has received positive feedback from residents. CONSENT AGENDA C6 - COUNCIL MINUTES C6A February 15, 2022 Council Meeting Minutes C7 - CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT BETWEEN BAL HARBOUR AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVETH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTIONS OF CERTAIN CRIMINAL VIOLATIONS OF THE BAL HARBOUR VILLAGE CODE; PROVIDING FOR IMPLEMENTATION; PROV►DING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING AN EXPENDITURE TO FLEURS DE VILLES, INC. IN THE AMOUNT OF $30,000 TO ENABLE THE VILLAGE TO SERVE AS THE LAUNCHING POINT FOR THE 2022 FLEURS DE VILLES-FEMME GLOBAL EXHIBITION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A motion to approve the Consent Agenda was moved by Mayor Gabriel Groisman and seconded by Vice Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — March 15, 2022 P a g e 1 3 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. Mr. Gonzalez introduced the ordinance on first reading saying that the changes to benefits pertain to new employees hired upon the final passage of this ordinance. He said that the benefit accrual rate multiplier would be reduced to 2.5%, that the final average earnings changed to the highest 60 months over the last ten years of employment, the COLA reduced to 1.25%, the normal form of payment changed to Life Annuity, and the age for eligibility for retirement would be changed to 62, or 60 with 25 years of service. He said the required impact statement would be available upon second reading of the ordinance. Mr. Gonzalez 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 recommended that the ordinance be amended to allow for additional accrual for three terms, and consider the final average earning to be calculated on two years instead of three. Ms. Trevarthen then read recommended changes to clarify Subsection (e) of Section 13-27 pertaining to the participation of the Pension Plan by Councilmembers. There were no comments from the public. MOTION: A motion to amend the ordinance incorporate the Village Manager's and Village Attorney's recommendations was moved by Vice Mayor Seth Salver and seconded by Mayor Gabriel Groisman. VOTE: The Motion passed by unanimous voice vote (4-0). MOTION: A Motion to pass the Ordinance on first reading as amended was moved by Vice Mayor Seth Salver and seconded by Councilman David Albaum. Bal Harbour Village Council Regular Meeting Minutes — March 15, 2022 Page 14 ROLL CALL VOTE Mayor Gabriel Groisman Yes Vice Mayor Seth E. Salver Yes Councilman David J. Albaum Yes Councilman Jeffrey P. Freimark ---- Councilman Buzzy Sklar Yes VOTE: The Motion passed by unanimous roll call vote (4-0). R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE ASSIGNMENT OF THE OBLIGATIONS CONTAINED IN THE BAL HARBOUR SHOPS ("OWNER") CONTRACT WITH ZYSCOVICH ARCHITECTS FOR DESIGN AND CONSTRUCTION SERVICES IN CONNECTION WITH THE VILLAGE PARK AND COMMUNITY CENTER PROJECT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that as part of the Development Agreement with the Bal Harbour Shops, the agreement had them engage the architect up to one million dollars after which the remainder would revert to the Village, adding that the remainder was about $319 thousand. He said he was also recommend including an additional contingency amount. 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 . VOTE: The Motion passed by unanimous voice vote (4-0). R7B 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 proposed an amendment to his contract that he had first signed a little over eight years ago, that it addresses salary increases, his participation in the Pension Plan, and adds a five-year incentive package. He thanked the Council for vote of confidence and support. Bat Harbour Village Council Regular Meeting Minutes — March 15, 2022 Page 1 5 There were no comments from the public. Mayor Groisman said that he was happy with the Manager's performance and that it was an honor to work with him. MOTION: A motion to defer this item until the next meeting was moved by Mayor Gabriel Groisman and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (4-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE ANNUAL REPORT OF THE VILLAGE ATTORNEY AND APPROVING AN INCREASE IN COMPENSATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Ms. Trevarthen introduced the item saying that during the Workshop held earlier in the evening, the Council agreed to a five -percent increase which would equate to $287 for attorneys $131 for paralegals, and a monthly fixed fee of $34,42. There were no comments from the public. MOTION: A motion to approve a five -percent increase in attorney fees was moved by Vice Mayor Seth Salver and seconded by Mayor Gabriel Groisman. VOTE: The Motion passed by voice vote (3-1) with Councilman Sklar voting against R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item regarding converting Police Department cars to Teslas - Councilman Buzzy Sklar Councilman Sklar introduced the item saying the police departments in the US have been conducting pilot programs, converting police vehicles to Tesla Model Y's. He said that the 2 -cents per mile cost to operate a Tesla would save the Village a considerable amount of money over time. He recommended conducting a pilot program, as police cars need to be replaced. Councilman Albaum said that his he was in favor of studying, saying that the replacement of aging Code vehicles may be an opportunity. in favor of studying, and that perhaps government dollars may be available. Mayor Groisman said that although he was not against studying this, his only concern was that it might send mixed messages to Police Chief, in that the Council has determined that Bal Harbour Village Council Regular Meeting Minutes — March 15, 2022 Page 16 the focus of the Police Department should be public safety and the perception of public safety. R9B - PUBLIC COMMENT Penny Sepler, 10275 Collins Avenue, said that she was concerned that the insurance on a Testa would be very expensive, adding that just recently, Testa, for the second time in a week, had just raised their prices again. Nowruz first day of the Iranian New Year Babak Raheb, 128 Balfour Drive, thanked Mayor Groisman for his recognition of Nowruz, the first day of the Iranian New Year, adding the holiday was to celebrate prosperity, health, longevity and live. He said that a electric Police is fine as long as it is not used for as an emergency vehicle. He suggested adding signage to the Beach Walk to guide and encourage good bike practices, as well as encouraging dog walkers to clean up their pets waste. R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R1 2 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Report END OF REGULAR AGENDA ADJOURNMENT - The meeting was adjourned at 8:14 P.M. Attest: Dwight S. Danie, Village Clerk Bal Harbour Village Council Regular Meeting Minutes — March 15, 2022 abriel Groisman Page 17