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