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HomeMy Public PortalAbout2022-05-17 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 May 17, 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 (> o : ;.gc, ). 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 6:57 P.M. following the General Employees' Retirement Board meeting. 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 REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Mr. Gonzalez announced that he would be deferring Agenda Items PA2, PA3, and PA4. PRESENTATIONS AND AWARDS PA1 Certificate of Appreciation for Opera Gallery Mayor Groisman said that he had been contacted by Gilles Dylan, resident of Bal Harbour, and owner of the Opera Gallery, hoping to exhibit eight Manolo Valdez sculptures, which are now currently on display in public open spaces throughout the Village. Having received positive feedback from residents, visitors, and business owners, he presented a Certificate of Appreciation to Shana Benchetrit and Dan Benchetrit representing the Opera Gallery, thanking them for their collaboration with the Village. Ms. Benchetrit thanked the Council, saying she was very proud to represent Manolo Valdez to Bal Harbour, adding that this was the beginning of a very nice collaboration with the Village. Mayor Groisman left the dais at 7:03 PM to thank the Benchetrits and escort them from the Chamber. PA2 Certificate of Appreciation for Joan Wall (deferred) PA3 Officer of the Year Award (deferred) PA4 Civilian of the Year Award (deferred) CONSENT AGENDA Vice Mayor Seth Salver asked for motions to approve the Consent Agenda. C6 - COUNCIL MINUTES C6A April 11, 2022 Village Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE UNITY OF TITLE FOR THE PROPERTIES OF 16 BAL BAY DRIVE, 18 BAL BAY DRIVE, AND 701 96TH STREET, BAL HARBOUR, FLORIDA, 33154, COMBINIING THE THREE PROPERTIES INTO ONE PROPERTY; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF THE TWO UNITY OF TITLES, SUBMITTED BY 189 BAL BAY DR, LLC, FOR THE PROPERTY GENERALLY LOCATED AT 189 BAL BAY DR, BAL HARBOUR FLORIDA, 33154, IN THE R- 2 SINGLE FAMILY RESIDENTIAL DISTRICT TO COMBINE THREE LOTS INTO TWO LOTS; PROVIDING FOR CONFLICTS AND FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF A UNITY OF TITLE, SUBMITTED BY DIEGO ELIEL GOLDFARB AND SANDRA MARGULIES, GENERALLY Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 Page 12 LOCATED AT 133 CAMDEN DR. AND 139 CAMDEN DR., BAL HARBOUR FLORIDA, 33154, IN THE R-2 SINGLE FAMILY RESIDENTIAL DISTRICT TO COMBINE TWO LOTS INTO ONE LOT; PROVIDING FOR CONFLICTS AND FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE BUILDING OFFICIAL'S APPROVAL OF THE UNITY OF TITLE, SUBMITTED BY CLAUDIA FLEYSHER, YANINA FLEYSHER, AND ALEXANDER FLEYSHER, FOR THE PROPERTIES LOCATED AT 10275 COLLINS AVENUE, UNITS 1429 AND 1430, BAL HARBOUR FLORIDA, 33154, BAL HARBOUR FLORIDA, 33154, TO COMBINE THE TWO CONDOMINIUM UNITS INTO ONE CONDOMINIUM UNIT; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE VILLAGE MANAGER'S EMERGENCY PURCHASE OF A 2022 DODGE RAM 2500 TRADESMAN 4 X 4 CREW CAB PICKUP TRUCK, VIN NO. 3C6UR5CJ9 NG232275 FROM ALAN JAY AUTOMOTIVE MANAGEMENT UNDER THE TERMS OF THE FLORIDA SHERIFFS' ASSOCIATION COOPERATIVE PURCHASING AGREEMENT CONTRACT PRICING, IN THE AMOUNT OF THIRTY-TWO THOUSAND FOUR HUNDRED THIRTY ($32,430) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING EXPENDITURES IN EXCESS OF VILLAGE MANAGER'S PURCHASING AUTHORITY TO ENABLE BLUE COURAGE LLC TO CONTINUE LEADERSHIP DEVELOPMENT TRAINING AT A COST NOT TO EXCEED ANNUAL BUDGETARY ALLOCATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ADDITIONAL SERVICES TASK AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. (CGA) FOR THE PROVISION OF ENGINEERING, AND PROFESSIONAL CONSTRUCTION SERVICES FOR THE SANITARY SEWER AND ASSOCIATED WORK RELATED TO THE UTILITIES INFRASTRUCTURE IMPROVEMENTS PROJECT PHASE 3(A), AS SPECIFIED WITHIN CGA PROPOSALS NO. 17-9868.64, IN THE AMOUNT NOT TO EXCEED FORTY-SEVEN THOUSAND TWO HUNDRED SEVENTY ($47,270) DOLLARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A motion to approve the Consent Agenda was moved by Councilman David Albaum and seconded by Councilman Jeffrey Freimark. Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 Page 1 3 VOTE: The Motion passed by unanimous voice vote (4-0) with Mayor Groisman being absent from the Chamber. R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A NEW BUILDING PERMIT FEE SCHEDULE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Groisman returned to the Dais at 7:04 PM. He thanked Mr. Gonzalez, Building Official Eliezer Palacio, and his team for responding to the Council's request to present a more in-depth presentation of Building Department processes as they relate to the proposed fee schedule. Mr. Gonzalez introduced the item saying that JRD and Associates had provided and additional analysis on whether or not there could be an enhanced service that could be offered and, if so, what would be the impact on the fees. He suggested that an additional inspection day, Monday, be added. He said the additional cost would be minimal and in sync with comparable communities. Mr. Palacio provided a presentation of Building Department responsibilities, processes and workload. He provided highlights of the workflow beginning with the Architectural Review Board hearing, followed by the permitting process, plan review, permit issuance and inspections. He said that a standard new single-family home would require 9 permits and 49 inspections, a condominium would require 6 permits and 17 inspections, and a commercial property would require 8 permits and 22 inspections, adding that partial inspections could increase the number of inspections required to 80. Mr. Palacio then described other Building Department functions including: structural recertification, boil safety/recertification, and assessment of unsafe structures and damage, and floodplain management. He then described the accomplishments of his department including creating a one -stop shop for customers, and the implementation of a new permitting software, the creation an electronic file room with electronic plan review. He said that he had increased the number of days that Zoning and Public Works review to 3 days per week, expediting the permitting process. Jorge Duyos, JRD and Associates, presented workload data for the last year, and using a backdrop of an average of 10 building inspections and plan reviews per day, he projected that the level of service could be increased by adding an additional day of inspections for both Building and the Trades. He showed that there was more demand for Monday inspections. Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 Page 14 Mr. Duyos that presented the recommended tiered residential and commercial building permit fee structure and the projected revenue for 2023, that ensured that personnel, operating, technology and indirect support costs would be recovered, with a conservative amount going into reserves. He explained that reserves, by State law, could not exceed the four-year average of the expenditure budget. He said that the proposed increase for residential fared below the average for comparative communities, and that commercial was somewhat above the average, with the caveat that neighboring communities are heading in the same direction. Councilman Sklar asked the 2023 assumptions included the anticipated increase in activity at the Bal Harbour Shops, to which Mr. Duyos said that he had looked at 4 years of data and estimates provided by the Building Department. Mr. Gonzalez added that the activity from the Shops would be expected later towards 2024. 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 (5-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ACCEPTANCE OF A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RESILIENT COASTLINES PROGRAM RESILIENCE IMPLEMENTATION GRANT AWARD FOR THE VILLAGE STORMWATER PUMP STATION UPGRADES, PROJECT, AS DETAILED WITHIN THE GRANT APPLICATION SUBMITTED AUGUST 31, 2021; IN THE GRANT FUNDED AMOUNT OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT AGREEMENT PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying the grant monies would be matched with $1 million of the Village's ARPA (American Rescue Plan Act), and it would be used to upsize and increase stormwater capacity. 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 (5-0). Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 Page 15 R7C 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 ENGINEERING, DESIGN AND PROFESSIONAL CONSTRUCTION ADMINISTRATION SERVICES FOR THE STORMWATER PUMP STATION AND DRAINAGE UPGRADES WITH ASSOCIATED WORK RELATED TO THE UTILITIES INFRASTRUCTURE IMPROVEMENTS PROJECT PHASES 5(B), 5(C) AS SPECIFIED WITHIN CMA PROPOSAL NO. 19-453.004AS06, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED SIXTY ($232,460) DOLLARS, INCLUSIVE OF A SEVEN PERCENT (7%) CONTINGENCY ALLOCATION IN THE AMOUNT OF FIFTEEN THOUSAND TWO HUNDRED EIGHT ($15,208) DOLLARS, ROUNDED UP TO THE NEAREST DOLLAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that there was a time restriction on the grant dollars received from FDEP (Agenda Item R7B) and that this money would be used for the engineering design of the upsizing of the pump station. 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 (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH BEEFREE LLC D/B/A FREEBEE FOR THE PROVISION OF ON -DEMAND TRANSPORTATION SERVICES, AT PRICING AS ESTABLISHED AND SPECIFIED WITHIN THE CITY OF AVENTURA REQUEST FOR PROPOSALS (RFP) NO. 20-07-23-3 AT A COST NOT TO EXCEED ANNUAL BUDGETARY ALLOCATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying the a per the direction received from the Village Council during its April meeting, the hours of service had been expanded to 7 days/10 hours per day with the described geofence and have a dedicated Tesla vehicle. He said the Village will be using CITTfunding (Citizen's Independent Transportation Trust). He said that the data gathered over the next few months would help inform how much to tweak the program, and that interlocal agreement with the County allowing for the spending for on -demand services, would be coming back to the Council for approval. Vice Mayor Salver suggested that different hour for the weekend might be considered, and approved car seats should be available for smaller children. Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 Page 16 Jason Speigel (BeeFree, LLC) said that booster seats would be carried in every vehicle, and that hours of operation could be flexible. There was a general consensus from the Council to keep hours of operation as presented and to use data collected to make future modifications of operations. Susan Aarons (10225 Collins Avenue) asked for clarification of the concept of Freebee, to which Mr. Gonzalez described the Bal Harbour branded on -demand service, adding that the service would be free. Ms. Aarons agreed that the weekend hours should be modified. Penny Sepler (10275 Collins Avenue) asked if the rides would be shared, saying that people are going to have to wait. Mayor Groisman said that, right now, the Village has no service, but as ridership data is gathered, the program could be adjusted to accommodate an increased demand. Mr. Speigel added that it is a pooled -ride service. MOTION: A motion to approve the resolution was moved by Councilman David Albaum and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item regarding filming on the Jetty for commercial use - Councilman Buzzy Sklar Councilman Sklar introduced the item saying that he had personally experienced seven individuals all filming on the Jetty. He said that other municipalities require permits to do commercial filming and that these people are filming for commercial purposes on YouTube. He said he brought this up as a discussion item to see what solutions would be available. Mayor Groisman said that the first time this issue was raised, he thought that it would be difficult to determine whether or not somebody was filming for commercial uses, but agreed that it has now become a nuisance, adding they are they are there for business, not just for fun. He said that he would want a solution that is effective, and not just pass an ordinance that is difficult to enforce. Mr. Gonzalez said there may be a way to ban the nuisance without interfering with people who are filming for personal uses. Ms. Trevarthen said that she could explore bringing back an ordinance that would be a Village regulation for publicly -owned and managed areas with a carve -out for personal uses or fast breaking news. R9B - PUBLIC COMMENT Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 Page 17 Susan Aarons (10225 Collins Avenue) asked if it were possible to get the access mat in front of the Carlton Terrace could be moved in front of her building, since the Carlton Terrace is closed. Mayor Groisman announced that there is an initiative by local mayors that would be exploring the possibility of finding a space for a high school in the area. He then recognized the recent tragedy regarding the Buffalo supermarket shooting saying that it is important to say in every public forum that there is no place in for this hatred in our community and in our country, and we have to stop it in every way possible. Councilman Sklar thanked Chief Flowers for his staff's response regarding the plane that landed on the Haulover Bridge. R10 - VILLAGE MANAGER REPORT Mr. Gonzalez provided several slides and a video showing the results of the Bal Harbour Village Sand Nourishment Project. R11 - VILLAGE CLERK REPORT R1 1A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Report END OF REGULAR AGENDA ADJOURNMENT Dwight S. Davie, Village Clerk Attest: Bal Harbour Village Council Regular Meeting Minutes — May 17, 2022 or Gabriel Groisman Page 18