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HomeMy Public PortalAbout2022-06-15 Village Council 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 June 15, 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 rg ;. ). Members of the public were also 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 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 Mayor Groisman announced that Agenda Presentation items, PA1 and PA4, discussion items R9D and R9F, would be deferred. Councilman Sklar asked to pull Item C7D from the Consent Agenda, so that he could recuse himself. PRESENTATIONS AND AWARDS PA1 Bal Harbour Commendable Student Award - Tammy Burstein - deferred PA2 Officer of the Year Award - Adrian Gonzalez Chief Raleigh Flowers, Bal Harbour Village Police described the events surrounding the Village's response to the June 24, 2021 Champlain Tower Condo Collapse, highlighting Officer Adrian Gonzalez's participation in working with families and friends at the Family Reunification Center, and his establishment of an accurate list of those affected by the tragedy. He said that Officer Gonzalez received commendation from Miami -Dade County, and that his peers nominated him as Officer of the Year. Mayor Groisman recounted Officer Gonzalez's fortitude and endurance in working above and beyond, and said that his established list was the most accurate list available. He said that the Departments response brought a high level of respect for Bal Harbour from local, State and Federal agencies. PA3 Civilian of the Year Award - Dolores Mejia Chief Flowers then presented Dolores Mejia with the Civilian of the Year Award. He described her duties and responsibilities including, overseeing IT, implementing technical enhancements, and assisting with the annual budget for the Police Department and that she volunteers for the Legacy Foundation and helps out on weekends and days off. Mayor Groisman described her assistance in the response to the Tower Collapse in coordinating the delivery of foods and goods to affected families. PA4 Certificate of Appreciation for Joan Wall - deferred PA5 Certificate of Appreciation for Nikolai Ursin Mayor Groisman presented a Certificate of Appreciation to Nickolai Ursin for his 6.5 years of serving as a member and Chair of the Resort Tax Committee. CONSENT AGENDA C6 - COUNCIL MINUTES C6A May 1 7, 2022 Regular Village Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH HOMESTEAD CONCRETE AND DRAINAGE, INC., TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE INSTALLATION OF ONE THOUSAND FIVE HUNDRED Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 Page 12 SEVENTY-EIGHT SQUARE FEET (1,578) OF REPLACEMENT BLUE SHELL SIDEWALK AT VARIOUS LOCATIONS ALONG COLLINS AVENUE, IN THE AMOUNT NOT TO EXCEED SIXTY-FOUR THOUSAND ONE HUNDRED SIXTY TWO DOLLARS ($64,162), INCLUSIVE OF A SEVEN PERCENT (7%) CONTINGENCY IN THE AMOUNT OF SIX THOUSAND THREE HUNDRED DOLLARS ($4,198), ROUNDED UP TO THE NEAREST DOLLAR; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE FUTURE SIDEWALK INSTALLATION AGREEMENTS AS NEEDED SUBJECT TO ANNUAL BUDGET ALLOCATIONS FOR THIS WORK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) RESILIENT PROGRAM PLANNING GRANT TO CONDUCT A VULNERABILITY ASSESSMENT AND RESILIENT ADAPTATION PLAN FOR THE VILLAGE, AS DETAILED WITHIN THE GRANT APPLICATION SUBMITTED AUGUST 21, 2021; IN THE GRANT FUNDED AMOUNT OF ONE HUNDRED SIXTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ($169,700); AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT AGREEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE TASK AGREEMENT WITH CUMMINS CEDERBERG, INC., FOR THE PROVISION OF ENVIRONMENTAL ENGINEERING AND RELATED PROFESSIONAL SERVICES FOR THE COMPLETION OF A VULNERABILITY ASSESSMENT AND RESILIENT PLAN, AS SPECIFIED WITHIN CUMMINS CEDERBERG PROPOSAL NO. 77804-R1 IN THE AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-NINE SEVEN HUNDRED ($169,700) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT MIAMI MEZZE LLC D/B/A ABA RESTAURANT APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO FOR A 4COP LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item was pulled from the Consent Agenda so that Councilman Sklar could recuse himself from the vote, and considered at the end of the Regular Agenda. Mr. Gonzalez introduced the item. There were no comments from the public. Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 Page 1 3 MOTION: A motion to approve the Agenda Item C7D was moved by Mayor Gabriel Groisman and seconded by Vice Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; REFINING THE FOUR FUNDAMENTAL ELEMENTS OF THE BAL HARBOUR EXPERIENCE TO BETTER EPITOMIZE THE UNIQUE AND DISTINCTIVE ATTRIBUTES OF THE COMMUNITY; PROVIDING FOR IMPLEMENTATION; PROVIDING AN EFFECTIVE DATE. MOTION: A motion to approve Consent Agenda was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 12 "OFFENSES" OF THE VILLAGE CODE BY CREATING SECTION 12-10, "COMMERCIAL FILM AND PHOTO ACTIVITY ON PUBLICLY OWNED, MANAGED OR CONTROLLED PROPERTY"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that the Council was being presented with two options: Option A being a ban that prevents the activity from occurring, with a few exceptions; and Option B, a more regulated permit approach that allows the limited activity, with licensure, permitting and insurance. Councilman Sklar said that he was favor of Option B, and the people who would pay for a permit are the people who are doing it right. He said that he thought this approach would solve the overcrowding. Mayor Groisman suggested allowing some flexibility in the designated area or filming. Vice Mayor Salver asked if there would be any way to change the lottery system, if there were two or more applicants, to a highest bidder system, to which Ms. Trevarthen said that she would explore the option, but said that the Village might face some problems with that approach. She said that the ordinance enables the permitting structure, and that administration policy would define the structure. Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 Pa g e 14 Councilman Freimark said that he was supportive of Option B. Neca Logan, 64 Camden Drive, said that she thought that limiting the number of permits to two may be too few, depending on the number of a people that meet the critera. Steve Greenberg, 9930 Collins Avenue, recommending adding an Option C that would require a fee to go onto the Jetty. MOTION: A Motion to pass the Ordinance on first reading with the Option B ordinance language was moved by Councilman Buzzy Sklar and seconded by Councilman Jeffrey Freimark. 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). R7 - RESOLUTIONS R7A 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; DESCRIBING THE METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this was the first reading of the annual assessment for the Gated Community, and the Bal Harbour Civic Association had voted to recommend an increase to $8,000 per year to cover additional security service enhancements and street paving. He said the second reading would be in September. There were no comments from the public. Bat Harbour Village Council Regular Meeting Minutes — June 15, 2022 Pa g e 1 5 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 (5-0). R7B 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; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this was the first reading of this village -wide assessment. He said that the slight increase included a new service to clean solid waste containers, and changes due to the CPI (Consumer Price Index). There were no comments from the public. MOTION: A motion to approve the resolution was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN INVESTMENT POLICY FOR THE VILLAGE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that the Council had earlier approved an Investment Management Agreement with Graystone to manage the Village's Investments and that they are recommending an Investment Policy to guide the investment of public funds of the Village. He said that the investments are conservative and State -regulated. 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 (5-0). Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 Pa g e 16 R9 - NEW BUSINESS AND COUNCIL DISCUSSION Mayor Groisman announced that he would have Agenda items R9A and R9C consider together at the end the R9 Section of the Agenda, and that although public comment is not generally allowed during Council Discussion, he would make an exception. R9B Discussion Item regarding adding sufficient police presence at Ruth K. Broad K-8 Center for this and next school year - Mayor Gabriel Groisman and Councilman Buzzy Sklar Mayor Groisman introduced the item saying that Bay Harbor Islands, Surfside and Bal Harbour fund a police officer at Ruth K. Broad. He said that the County would normally fund the position with the placement of a County officer. The officer that is currently there is from Bay Harbor, and has worked there for a long time and knows the students. He proposed that the 3 communities should continue to fund this position (currently Bal Harbour funds $8,000), and that the County should also fund another officer with assistance from the 3 communities. Councilman Sklar said that he would like to see an officer at the front and side door of the school during the morning and at the "Let Out" door in the afternoon. Mr. Gonzalez proposed that initially the communities should urge the County to fully fund one position, then have the communities subsidize it if necessary. Councilman Freimark said that the he would like to see some data, i.e. number of students per community, and receive recommendations from the police department relative to where officers should be deployed. R9D Discussion Item regarding Bal Harbour Village Committees - Councilman David Albaum - deferred R9E Discussion Item regarding the exhibit on the Beach Path - Councilman David Albaum Councilman Albaum introduced the item proposing that nostalgic sports memorabilia photographs with captions be installed on the beach path during January of 2023. Ramiro Inguanzo, Assistant Village Manager, said that he had spoken the Dr. Paul George, History of Miami, who said that he would be excited if he could curate the project. He said that he would be meeting with representatives from the Opera Gallery, and planned to coordinate the project with them, and bring the item back to the Council for final approval. Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 Pa g e 1 7 R9F Discussion Item regarding the Plaza section of the Jetty project - Village Manager Jorge M. Gonzalez - deferred R9A Discussion Item regarding underground parking - Councilman Jeffrey P. Freimark R9C Discussion Item regarding the set -back from the street for ocean -front buildings in the Oceanfront District - Vice Mayor Seth E. Salver and Councilman Jeffrey P. Freimark Councilman Freimark introduced the item beginning with disclosing that he is a resident of the Bellini which is the building next door to the building to be discussed, and that he has met with the Village Attorney, and understands the requirements of what he is permitted to do and not permitted to do, and has guided that he does not have a conflict and does not have to recuse himself. He said that he had had a number of conversations with Related and their attorneys. Councilman Freimark recommended that before a discussion to determine whether or not to allow, or not allow, underground parking, Village conduct a public workshop regarding on the subject matter. Councilman Sklar also disclosed the he had met with the Village Attorney and that as a resident of the building on the other side of the building to be discussed, he also does not have a conflict of interest and does not need to recuse himself. He agreed with the idea of a workshop and added that discussion of whether or not a building is multi -use, or not, needed to be included to understand the options. Mayor Groisman said that the workshop should cover the technical aspects of underground parking, but should not cover how the Council deliberates what comes before it. Vice Mayor Salver said that he had had a meeting with the representatives of the Bellini and at their request had placed asked for the discussion item on setbacks to be included on the Agenda, and subsequently he had realized it was more controversial than it was explained to him, but said that he would be happy to have the discussion. Councilman Freimark said that the building, as proposed was entirely with the building and zoning codes, at that no variances or exceptions would be needed. He said that the current plans for the new building show the building footprint further east than the Carlton Towers, and proposed the question of if it could be moved further west, adding that in his building, it was a hot topic. Councilman Sklar said that he was bothered that this (setback) had been brought up as a discussion item. He said that he had been also approached by representatives of the Bat Harbour Village Council Regular Meeting Minutes — June 15, 2022 Page 18 Bellini, and that they had told him that representatives of Related and the Harbour House had both wanted the zoning changed, which, he said, he later found out that it was not so. He said that he the Village should not be changing zoning laws for the sake of changing zoning laws. Councilman Freimark said that he was neutral but that he had received many calls from constituents, and his obligation is to his constituents, and it is appropriate for a discussion. Richard Dewitt, 200 South Andrews Avenue, Fort Lauderdale, representing the Bellini Condominium Association, said that the ownership of Carlton Terrace is still in flux, and any applications submitted should not be accepted or processed. He said that the proposed development would block the northern view corridor of the Bellini, and that he was suggesting moving the project west. He said that this was not a mixed -use project. Stuart Sobel, 201 Alhambra Circle, Coral Gables, representing Harbour House Condominium Association, said that he has been in touch with the Bellini and the developer, and that the developer has been cooperative and has invited him and his engineer's participation, once ownership is involved, with issues such as demolition, dust control, traffic, and whatever other issues with which the Harbour House has concerns. He said that moving the building west to enhance the view for the Bellini would have an opposite effect on his building. He said it was his understanding the project meets the current setback requirements which were formed to prevent a condo canyon, and urged keeping those requirements in place. Steve Greenberg, 9930 Collins Avenue, said that it was a very good suggestion to have a public workshop, and agreed the Councilmembers need to make informed decisions. Carter McDowell, Bilzin Sumberg, representing the Carton Terrace Owner, LLC, said that the LLC is effectively the owner of the property, pending a court ruling this summer, and that they do no not support change of zoning code. He said part of the value of the property is the unique vista it affords, and the current setback from Collins Avenue create the unique vista. He said that the new building will be in the exact same location as the footprint of the Bellini because that is what the zoning code requires, and that they are not seeking any variances or relief. He said, relative to the underground parking, he supports the idea of a public workshop, and said that he would bring his engineers to educate as to how it can be done properly. He said he was committed to work with the Harbour House and the Bellini and their engineers to create a mutually acceptable safety protocol. Mayor Groisman, addressing Mr. McDowell, said that is important that all Councilmembers have the availability to individually speak with him and his team and to ask questions in order to feel comfortable in making decisions. Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 page 1 9 William Welsh, President of the Bellini, said that he did not believe the project was mixed - use, and that FEMA says if it is not mixed -use, there can be no underground parking next to the ocean. He said that they would be taking all of the dirt up to the surrounding property lines up to 30 -feet deep, presenting a serious issue. He said that the project would disrupt the front line set back created by the Bellini, the Harbour House and the Kenilworth. He said that moving the project west will put the project on a better and safer bed of limestone. Joel Mesznik, 10225 Collins Avenue, said that the ocean will be rising, and said that it is important to understand what effects it would have, and he suggesting obtaining an independent opinion. R9G - PUBLIC COMMENT R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R1 1A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Report END OF REGULAR AGENDA ADJOURNMENT Dwight S. Danie, Village Clerk or Gabriel Groisman Bal Harbour Village Council Regular Meeting Minutes — June 15, 2022 Page 1 10