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HomeMy Public PortalAbout2022-09-13 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 September 13, 2022 At 6:30 PM Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154 This meeting was conducted in -person. 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). Members of the public were also encouraged to participate by email (r gotv) or by telephone at 305-865-6449. CALL TO ORDER/ PLEDGE OF ALLEGIANCE- Mayor Gabriel Groisman called the meeting to order at 6:03 P.M. The following were present: Mayor Gabriel Groisman Vice Mayor Seth Salver Councilman Jeffrey Freimark Councilman Buzzy Sklar (by Zoom) The following were not present: Councilman David Albaum Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney Mayor Groisman led the Pledge of Allegiance. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Councilman Sklar requested that Consent Agenda items C, E, F and G be pulled from the Consent Agenda and be considered at the end of the Regular Council meeting. PRESENTATIONS AND AWARDS Mayor Groisman wished his daughter, Alexandra Liel (Aly), a happy 10th Birthday. FIRST BUDGET HEARING - The Budget Hearing began 6:05 PM. The Village Clerk read the titles for Resolutions R7A through R7F. Mr. Gonzalez described the steps involved in creating the Budget then provided a presentation showing a summary of the General Fund, the Resort Tax Fund, and Water/Wastewater Fund, and the Security and Landscape Fund. He then said that the Budget process is guided by the established vision, mission and values for the Bal Harbour Experience, which strive fora beautiful environment, an unmatched destination, exclusivity and access to amenities, and safety. Mr. Gonzalez described a 9.7% increase in ad valorem values from existing properties and new construction, adding that Value Adjustment Board Appeals may still decrease some of this value. He said that the current millage would be kept as it has been for the last several years (1.9654 mils), the third lowest in Miami -Dade County, second lowest in overlapping jurisdictions. Claudia Dixon, Chief Financial Officer, summarized the proposed expenditures for each fund then presented an overview of the 5 -year Capital Improvement Plan. Mr. Gonzalez said that the biggest single driver for this year, besides the Jetty, is the creation of the Recreation, Arts and Culture Department and the opening of the Waterfront Park. He explained that the budget for this item before the Council represented the core funding to operate the facility, and that he expects to have a future Council workshop to determine the policy for programming and other uses. Mr. Gonzalez then read the State statutorily -required budget statement. Mayor Groisman thanked the members of the Budget Advisory Committee, the Village Manager and Village Staff for creating the Budget in an organized, professional manner. Neca Logan, Budget Advisory Committee Chair, summarized the involvement of the Committee in making recommendations, saying that the Committee spent a lot of time going through each portion of the Budget. She said Committee recommended keeping the millage rate the same, not knowing what the true operating cost of the new park facility will be at this time. She thanked all those who were involved in formulating the budget. R7 - BUDGET RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ADOPTING THE PROPOSED MILLAGE RATE OF THE VILLAGE FOR THE FISCAL YEAR COMMENCING ON OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023, PURSUANT TO SECTION 200.065, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the resolution saying that it sets the millage rate on first reading. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Pa g e 1 2 Councilman Freimark said that he was supportive of maintaining the millage rate in that the Village will have more programmatic items, with the Jetty and the Park, and may need to increase the millage rate in the future. He commended the Budget Advisory Committee and Staff for the work on the Budget. Vice Mayor Salver said that he also was appreciative of all the hard work that went into creating the Budget. He said that the Village has changed in the last few years, in that there were more full time residents which created a need for the delivery of more services. He said that he was happy to be a part the creating of these services and the improvements in the infrastructure that will serve the residents of Bal Harbour for the next hundred years. There were no comments from the Public. 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 (4-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, APPROVING AND ADOPTING THE TENTATIVE BUDGET AND CAPITAL IMPROVEMENT PLAN FOR BAL HARBOUR VILLAGE FOR FISCAL YEAR 2022-23; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Groisman summarized the resolution. Babak Raheb, 128 Balfour Drive, asked whether or not the increase in water rates was a percentage increase, to which Mayor Groisman affirmed that it was. 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 (4-0). R7C A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR VILLAGE, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ASSESSMENT Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 3 ROLL; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Groisman summarized the item. There were no comments from the public. 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 (4-0). R7D A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING SECURITY AND LANDSCAPE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ASSESSMENT ROLL; CONFIRMING THE INITIAL ASSESSMENT RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Mayor Groisman summarized the item saying that the Village has an agreement with the Gated Community and the Village is the fiscal agent. He said that the assessment rate value was a recommendation from the Bal Harbour Civic Association. Babak Raheb, 128 Balfour Drive, said that he was opposed to this assessment saying that it was improper. He likened it to a condo association not being able to collect money for a new roof from unit owners, resulting in a tax increase. He said that the membership of the Civic Association a minority of homeowners in the Gated Community, and could not represent everyone living there. 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). R7E A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING SANITARY SEWER AND WATER RATES FOR THE 2022-23 FISCAL YEAR; ESTABLISHING AN EFFECTIVE DATE. Mayor Groisman summarized the item. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 14 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 Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (4-0). R7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ADOPTING A CONSOLIDATED SCHEDULE OF FEES IMPOSED BY THE VILLAGE FOR THE PROVISION OF SERVICES; PROVIDING FOR CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Mayor Groisman summarized the item. 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 (4-0). The Budget Hearing concluded at 7:28 PM. CONSENT AGENDA The Consent Agenda was considered at 7:36 PM following Agenda Item R7G. C6 - COUNCIL MINUTES C6A July 19, 2022 Village Council Meeting Minutes C7 - CONSENT RESOLUTIONS - REGULAR C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ADDITIONAL SERVICES AGREEMENT WITH CHEN MOORE AND ASSOCIATES INC., (CMA) FOR THE PROVISION OF PROFESSIONAL ENGINEERING, SERVICES FOR THE STORMWATER CONNECTIVITY IMPROVEMENTS AND ASSOCIATED WORK RELATED TO THE UTILITIES INFRASTRUCTURE IMPROVEMENTS PROJECT PHASES 6(A), 6(B) AS SPECIFIED WITHIN CMA PROPOSAL NO. 19-453.002ASO4R1, IN THE AMOUNT NOT TO EXCEED THIRTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY-FIVE DOLLARS ($34,775) DOLLARS, INCLUSIVE OF A Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Pagel 5 SEVEN PERCENT (7%) CONTINGENCY ALLOCATION IN THE AMOUNT OF TWO THOUSAND TWO HUNDRED SEVENTY -FIFTY DOLLARS ($2,275), ROUNDED UP TO THE NEAREST DOLLAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A TASK AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES INC., (CGA) FOR THE PROVISION OF ADDITIONAL ENGINEERING, AND PROFESSIONAL CONSULTING SERVICES FOR A POST -CONSTRUCTION DOCUMENT CONSTRUCTABILITY REVIEW AND COST ESTIMATION AS NEEDED FOR THE JETTY AND CUTWALK RESTORATION PROJECT, AS SPECIFIED WITHIN CGA PROPOSAL NO. 17- 9868.71, IN THE AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AMENDMENT TO THE ORIGINAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND ZYSCOVICH ARCHITECTS FOR THE PROVISION OF ADDITIONAL ENGINEERING AND SPECIAL INSPECTION SERVICES TO BE PROVIDED THROUGH SUBCONSULTANT DOUGLAS WOOD ASSOCIATES, AS REQUIRED BY THRESHOLD BUILDINGS UNDER FLORIDA STATUTE FOR THE VILLAGE WATERFRONT PARK AND COMMUNITY CENTER PROJECT, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item as pulled from the Consent Agenda by Councilman Buzzy Sklar and heard at 8:52 PM following Agenda Item R9C. Councilman Sklar explained that he pulled three items from the because they all had expenditures greater that $100,000 and thought that, for reasons of transparency, the public should get a chance to comment on any item over a threshold that the Council would decide. Vice Mayor Salver said that any member of the public could pull an item from the Consent Agenda. Mayor Groisman recommended that, after the election, the new Mayor would have ability to set meeting rules. Mr. Gonzalez introduced the item saying that it is for inspection services for the waterfront park. He said the building was a threshold building for which inspections are done by structural engineer. He said that this would be a change order to Zysovich's contract. Vice Mayor Salver asked if the same kind of threshold inspections would need to be done on the new Village Hall contract with Zyscovich, to which Mr. Gonzalez said that he would have to check that. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 6 There were no comments from the public. MOTION: A motion to approve the resolution was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (4-0). C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND MICHAEL MILLER PLANNING ASSOCIATES, INC. TO PROVIDE PLAN REVIEW AND INSPECTIONS RELATED TO PLANNING AND ZONING ACTIVITIES ON BEHALF OF THE BUILDING DEPARTMENT; APPROVING COMPENSATION TO THE CONSULTANT ON AN HOURLY BASIS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7 - CONSENT RESOLUTIONS - BUDGET C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE PURCHASE OF VEHICLES AND EQUIPMENT FOR THE VILLAGE POLICE IN THE AMOUNT OF TWO HUNDRED FIFTY- TWO THOUSAND AND ONE HUNDRED NINETY DOLLARS ($252,190); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item as pulled from the Consent Agenda by Councilman Buzzy Sklar and heard at 8:55 PM following Agenda Item C7C. Mr. Gonzalez introduced the item saying that this item was for the replacement of four vehicles that had reached the end of their useful life. He said that the Village would be piggybacking on a State contract and that funds from the Fleet Replacement and Reserve Fund would be utilized. MOTION: A motion to approve the resolution was moved by Mayor Gabriel Groisman and seconded by Vice Ma or Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING RENEWAL OF THE VILLAGE'S GROUP HEALTH Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Pagel 7 INSURANCE POLICY WITH FLORIDA BLUE; AUTHORIZING RENEWAL OF THE VILLAGE'S GROUP DENTAL POLICY AND VISION INSURANCE POLICY WITH METLIFE; AUTHORIZING RENEWAL OF THE VILLAGE'S LIFE INSURANCE AND LONG-TERM DISABILITY INSURANCE WITH LINCOLN FINANCIAL GROUP; PROVIDING FOR A RENEWAL OPTION FOR UP TO TWO YEARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item as pulled from the Consent Agenda by Councilman Buzzy Sklar and heard at 8:58 PM following Agenda Item C7E. Mr. Gonzalez introduced the item saying that in previous years, the Village was able to negotiate low rates, but this year, due to the rates had increased 11.4% ($1 18,102). He said the increase was due to utilization rates and inflation and that if the trend continues the Village may have to go out to bid or look at plan changes. Ramiro Inguanzo, Assistant Village Manage, said that this item bundles medical, dental, vision and life insurances and only the medical has increased while the others stayed flat. Councilman Freimark asked how much the broker fee was, to which Mr. Inguanzo responded that it was about 2%. Councilman Freimark the suggested that a flat fee be explored, going forward. There were no comments from the public. MOTION: A motion to approve the resolution was moved by Mayor Gabriel Groisman and seconded by Councilman Buzz v Sklar. VOTE: The Motion passed by unanimous voice vote (4-0). C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH CORY GITTNER / MEDIATECH COMMUNICATIONS FOR A ONE -YEAR TERM WITH A RENEWAL OPTION UP TO THREE ADDITIONAL ONE-YEAR TERMS; APPROVING THE EXECUTION OF ONE- YEAR AGREEMENTS WITH THE VILLAGE'S SALES, MARKETING AND PUBLIC RELATIONS REPRESENTATIVES WITH A RENEWAL OPTION IN EACH AGREEMENT UP TO THREE ADDITIONAL ONE-YEAR TERMS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item as pulled from the Consent Agenda by Councilman Buzzy Sklar and heard at 9:02 PM following Agenda Item C7F. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 8 Mr. Inguanzo introduced the item saying that it bundles a number of different vendors. He said that Mediatech, Cory Gitner, who is responsible for newsletters, mailing and design would be funded from the General Fund and Resort Tax. He said the other vendors are the marketing and public relation representatives responsible for PR, marketing and sales. Mr. Gonzalez said that since COVID, when funding for the representatives was paused, it has been gradually been reactivated with input and guidance from the Resort Tax Committee. Councilman Sklar said currently we have record highs without it being turned back on, and that that it is non -measurable ROI. He said that there are better options for spending Resort Tax Dollars and suggested deferring the item, so that Councilmembers could a have a better understanding. Councilman Freimark said he was in agreement with deferring the item until the October meeting, at which the Council would receive its semi-annual Resort Tax Committee update. Mayor Groisman suggested unbundling the vendors in the future. Vice Mayor Salver suggesting pulling out and considering Mediatech. There were no comments from the public. MOTION: A motion to approve the Mediatech contract and defer the contracts for the marketing representatives until October 25, 2022 was moved by Councilman Buzzy Sklar and seconded by Mayor Gabriel Groisman. VOTE: The Motion passed by unanimous voice vote (4-0). C7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE USE OF THE LISTED VENDORS BY THE VILLAGE MANAGER; AFFIRMING THE VILLAGE MANAGER'S PURCHASING AUTHORITY UNDER VILLAGE CODE SECTION 2-141; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. MOTION: A motion to approve the Consent Agenda, pulling items C7C, C7E, C7F and C7G for further discussion, was moved by Mayor Gabriel Groisman and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 19 R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", CHAPTER 10, "MARINE STRUCTURES, ACTIVITIES AND WAYS", AND CHAPTER 17 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES" OF THE VILLAGE CODE TO PROHIBIT AND CREATE PENALTIES FOR SMOKING IN PUBLIC BEACHES AND PUBLIC PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. FIRST READING. Mr. Gonzalez introduced the item saying that this item was the result the State allowing municipalities to regulate smoking in public areas. He said this ordinance defines what is a park and what is a beach and bans smoking in those areas. He said that it is a policy decision whether or not to allow smoking in designated areas. Mayor Groisman said that there is not a smoking problem on the beaches and that this ordinance would put our police in bad positions trying to enforce the ordinance. He said that this ordinance would be overreach. Councilman Sklar said that he has been present at all the beach cleanups and disagreed that smoking is not a problem. He said that that passing this ordinance would not only be good for health reasons, but also for environmental reasons, since cigarette filters do not decompose. Councilman Freimark said that although he was anti -smoking, he agreed that the police would be in a difficult position, adding that cigars being exempted by the State was ridiculous. He agreed that this would be overreach. Vice Mayor Salver said that he too was anti -smoking, but was not in favor of a beach ban. He said that he would not be in favor of smoking in the park, and asked if this would be the mechanism, modified, to prohibit it. Neca Logan, 64 Camden Drive, said that this was not a good use for our police force, and in that most beachgoers are residents and visitors, why anger them over something so minute. Penny Sepler, 10275 Collins Avenue, said that she agreed with Ms. Logan, and that this would just anger people. Babak Raheb, 128 Balfour Drive, said that he opposed the ordinance. He said that the beach was big and people could move, and the hotels could make accommodations for their guests. MOTION: A motion to approve the ordinance on first reading was moved by Councilman Buzzy Sklar. There was no second and no further action by the Village Council. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 10 RSB AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE Ill "BOARDS, COMMITTEES, AND COMMISSIONS", DIVISION 3 "ARCHITECTURAL REVIEW BOARD" OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-75, "PROCEDURE FOR CONSIDERATION OF CERTIFICATES OF APPROPRIATENESS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. FIRST READING. Mr. Gonzalez introduced the item saying that currently there is no expiration date on a Certificate of Appropriateness, and that this ordinance would be an incentive a project not to linger, and to ensure a public process on those that do. Babak Raheb, 128 Balfour Drive, asked if the ordinance would be retroactive, to which Mr. Gonzalez said that it would not. Mr. Raheb said that he was in favor of the ordinance. MOTION: A motion to approve the ordinance on first reading was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. ROLL CALL VOTE Mayor Gabriel Groisman Yes Vice Mayor Seth E. Salver Yes Councilman David J. Albaum Not Present Councilman Jeffrey P. Freimark Yes Councilman Buzzy Sklar Yes VOTE: The Motion passed by unanimous voice vote (4-0). REGULAR COUNCIL MEETING AGENDA R7 -REGULAR COUNCIL MEETING RESOLUTIONS R7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ADOPTING PROCEDURES TO IMPLEMENT SECTION 12-10, "COMMERCIAL FILM AND PHOTO ACTIVITY ON PUBLICLY OWNED, MANAGED, OR CONTROLLED PROPERTY" OF THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes -September 13, 2022 Page 111 This item was heard at 7:29 PM following the Budget Hearing items. Mr. Gonzalez introduced the item, describing the requirements of the ordinance that called for a process to allocated spaces for permitted filming. Captain Mauricio Escarra, Bal Harbour Police, explained that three eligible firms had submitted applications, along with a $500 processing fee, a $5,000 security deposit and home harmless, and made the recommendation to provide permits to all three. Councilman Sklar thanked the owners of the firms, present in the Chamber, Captain Escarra and Mr. Gonzalez for the work that they had put in to make this happen. 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 (4-0). R7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE CONSTRUCTION SERVICES AGREEMENT WITH QUALITY CONSTRUCTION PERFORMANCE, INC., (QCP) FOR SANITARY SEWER MAIN REPLACEMENT, LATERAL INSTALLATIONS, AND MANHOLE BENCH ELEVATION ADJUSTMENTS AS SPECIFIED WITHIN QCP PROPOSAL NO. 17-9868.60 AND PROPOSAL NO. 2022-4796, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND ($250,000) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item was considered at 7:57 PM following Agenda Item R5B. Mr. Gonzalez introduced the item saying that this is the last piece of sanitary sewer work in the northern section that is necessary before paving. John Oldenburg, Director of Parks and Public Spaces, said that this was for a replacement of approximately six hundred feet of sewer line that had deficient flow due to pitch issues. Mayor Groisman questioned who had decided that a replacement was needed, and why the pitch issue was not being fixed like the other two sections in the north, and why this section was being dredged for the third time. He said that the Village made the decision to fix the sewer four years ago and had conducted a slope study, and asked how do we know this is will be the final solution. Councilman Sklar asked why the professional engineers did not catch the problem the first and second time. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Pa g e 1 12 Councilman Freimark said that having heard from residents, there is a high degree of frustration in work being done in a piecemeal manner. He said that the entirety of the plan should be known and communicated to the residents. He said there is a general lack of trust and asked how were we to know that we're not going to be paving above problems. Mayor Groisman said that the plan was known, but it keeps changing. He said that back in January, there was not mention of replacement, that this section was fixed and sleeved, but the work had not been done properly. Vice Mayor Salver said that there was a disconnect between the analysis performed by the engineering firm and what the residents were observing and experiencing, resulting in lost confidence. Mark Fisher, 284 Bal Bay Drive, said that there are two parts to consider, water and sewer. He said that the northwest side of the gated community was not connected to the stormwater system. He said that the Gated Community had requested that it hire its own engineer to inspect the projects, and that the city had first agreed but later said that no physical inspection was allowed, and suggested that it was now time to revisit that request. David Wolf, 223 Bal Bay Drive, said that there is a need to be assured that the problem is fixed and agreed with Mr. Fisher's suggestion. Lauren Koplowitz, 177 Bal Cross Drive said that the Gated Community should be allowed to hire an independent engineering firm to inspect the work and asked if there could be per -system updates at council meetings by the city's experts. Neca Logan, 64 Camden Drive said her main concern were the areas left undone. She asked what would be the remaining life span, to which Mayor Groisman responded that it would be 10 years. She said it is unacceptable that the neighbors would have to go through this again in ten years. Iris Egozi, 167 Bal Bay Drive, asked why not just replace everything instead of working piece by piece. She agreed with the idea of having an independent third party being able to inspect the projects. Mayor Groisman said the Village once considered replacing the entire system but determined that it would be too expensive, difficult and destructive. He said this was the process that was selected, and that a third -party inspection cannot be destructive. He asked if the process of engaging the third -party could be done administratively. Mr. Gonzalez said that he would have to hear from the engineer to see what was being proposed. He said he believed it could be done administratively. Mayor Groisman said that he would like to bring the discussion back to the resolution before the Council. He said that this work needs to be done. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 13 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), with Councilman Freimark stating that he voted in the affirmative with hesitation. R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding the status of the Village utility infrastructure projects in the gated community area - Councilman Jeffrey P. Freimark There was a general sense of the Council that there could be an inspection by a third -party engineering firm paid for by the Gated Community. There was a also consensus that there was a need to bridge a significant communications gap. Councilman Freimark offered to act as Council representation in the matter. Vice Mayor Salver said that an engineering problem exists if the residents need to hire their own engineer, to which Councilman Freimark added that peer review can create its own set of issues, but that everyone needs to let this play out. R9B Discussion regarding Carlton Terrace redevelopment - Applicant Request Mayor Groisman explained that the Council generally does not vote on discussion items and said that this item was too important and urged that the Council have a quick discussion, then bring the item back for a hearing, where lawyers could present the facts. Mr. Gonzalez introduced the item saying that the applicant had been proceeding through the Architectural Review Board process, discovered a zoning issue and then proposed a remedy that requires an ordinance change. He added that he was not satisfied with the remedy as proposed, and agreed that it warranted public hearings that would include a Local Planning Agency hearing and two public hearings. Councilman Sklar that he was uncomfortable on how the applicant brought to the Council, that it is not how ordinance changes are normally handled. R9C- PUBLIC COMMENT There were no comments from the public. R10 - VILLAGE MANAGER'S REPORT Mr. Gonzalez reported the Village would be meeting the deadline tomorrow for the permitting process with the Army Corps of Engineers for the work to improve the Jetty. Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 14 Attest: Dwight S. Danie, Village Clerk R11 - VILLAGE CLERK'S REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY'S REPORT R1 2A July & August Village Attorney's Report END OF REGULAR AGENDA ADJOURNMENT - The meeting was adjourned at 9:10 PM. abriel Groisman Bal Harbour Village Council Regular Meeting Minutes — September 13, 2022 Page 1 15