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