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HomeMy Public PortalAbout2022-07-19 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 July 19, 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.balharbour' • ). Members of the public were also encouraged to participate by email j or by telephone at 305-865-6449. CALL TO ORDER/ PLEDGE OF ALLEGIANCE- Vice Mayor Seth Salver called the meeting to order at 6:35 P.M. following the General Employees' Retirement Board Meeting at which the Pledge of Allegiance was led by Vice Mayor Salver. The following were present: Mayor Gabriel Groisman (via Zoom) Vice Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark (via Zoom) 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 There were no requests. PRESENTATIONS AND AWARDS Assistant Mayor Salver introduced Micky Steinberg who ran unopposed for Miami -Dade County Commission District 4 and will assume her office on November 8, 2022. Commissioner Elect Steinberg said that it was her pleasure to attend this meeting and that she would continue to have an open-door policy. CONSENT AGENDA C6 - COUNCIL MINUTES C6A June 15, 2022 Regular Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING A MEMBER, ARIANNA CALCATERRA, TO ONE OF THE TWO SEATS ON THE RESORT TAX COMMITTEE OCCUPIED BY ENTITIES THAT COLLECT THE RESORT TAX; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AS CO-PERMITTEE WITH ALL CO-PERMITTEES NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY; PROVIDING FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING AND INSPECTION SERVICES BY MIAMI-DADE COUNTY AND ALSO BETWEEN ALL CO- PERMITTEES FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SHARED MUNICIPAL STORM SEWER SYSTEMS, AT AN ANNUAL COST NOT TO EXCEED NINE -HUNDRED DOLLARS ($900); PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A THREE-YEAR AGREEMENT WITH FLORIDA CDI LLC FOR THE PROVISION OF HOLIDAY LIGHTING DISPLAYS IN AN ANNUAL AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-TWO THOUSAND ($132,000) DOLLARS; AUTHORIZING THE VILLAGE MANAGER TO EXERCISE AN OPTION TO RENEW THE AGREEMENT FOR ONE ADDITIONAL TWO-YEAR TERM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A motion to approve Consent Agenda was moved by Councilman David Albaum and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). Vice Mayor Salver then announced that he would next be considering Agenda Item R7A. Bat Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page] 2 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. (Second Reading) This item was considered at 6:48 following the consideration of Agenda Item R7A. Mayor Groisman left the meeting at this time. Mr. Gonzalez introduced the item saying that, at its last meeting, the Council was presented with two options of either banning activity from occurring, with a few exceptions; and regulating the process through a permitting process, and at that meeting the Council had chosen the latter. He said that he had reached out to affected parties and had received mostly positive feedback. Captain Mauricio Escarra, Bal Harbour Police, described the proposed permitting process that included the submission of an application with a $5,000 bond, a home -harmless agreement, and the purchase of insurance. He described a potential totter if the number of applicants exceeded the to -be -decided number of applicants. He then described the proposed enforcement options. Marianela Hernandez Borges, 300 Kings Point Drive, Sunny Isles Beach, representing Talixman Corps/Boat Zone said that she generally was in favor of the ordinance but had some concerns. She said that she was concerned with lottery section of ordinance and asked how she could defend her business. She asked if there could be an appeal process. She then asked how she could apply, how she could get an application and post the bond, and she asked how long it would take for an approval/denial. She said that she has been in business for many years and asked why this now has become an issue and why it was considered to be a hazard. Tony Menendez, 6720 West 2nd Court, Hialeah, representing Wavy Boats, said that his business was not just YouTube, but it was a network. He also asked how he would be able to defend his business and suggested that the language concerning the $5,000 bond be changed to "must be required" to deter non -monetized amateurs. Neca Logan, 64 Camden Drive, said that there is a real difference between the professionals and amateurs and she suggested that the number of available slots may have to be expanded to ensure that the professionals can stay in business. There was a general consensus the requiring the bond was a good idea. Bal Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 13 Mr. Gonzalez said that an appeal of the outcome of a lottery is not a good idea, unless the structure of the lottery itself was flawed. Vice Mayor Salver suggested having an open enrollment with a 30 -day application period. He said that it was key to avoid the ability to submit a spite application. Councilman Sklar suggested that the Council consider the ordinance this meeting, changing its effective date to October 1, 2022, then have a selection policy brought back to the Council in September. Councilman Freimark agreed, then said that the Council should be mindful of setting a precedent for other similar types of arrangement, giving the for -instance of a concession stand. Councilman Sklar asked if two weeks after the passing of the selection policy was enough time, to which Mr. Gonzalez said that he would post the application and all necessary materials on the Village's website well ahead of the September meeting. MOTION: A Motion to amend the ordinance to change "may" require a bond to "must" require a bond and to set the effective date of the ordinance to October 1, 2022 was moved by Councilman Buzzy Sklar and seconded by Vice Mayor Seth Salver. ROLL CALL VOTE Mayor Gabriel Groisman - 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 (4-0). MOTION: A Motion to pass the Ordinance on second reading was moved by Councilman Buzzy Sklar and seconded by Councilman David Albaum. ROLL CALL VOTE Mayor Gabriel Groisman - 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 (4-0). Bal Harbour Village Council Regular Meeting Minutes — July 19, 2022 Pa g e 14 R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR 2022-23; AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. This item was considered at 6:37 PM following the Consent Agenda. Mr. Gonzalez introduced the item saying that, having received the approval of the Budget Advisory Committee, he was recommending that the Village Council set the tentative millage at the current rate of 1.9654 mils, adding that the final rate would be set at the September Budget Hearing. He said that this would be the eighth year in a row that the Village has maintained this rate. He said that the increased revenue generated from higher property values is timely for some of the inflationary impacts to the budget, as well as to the expected opening of the Waterfront Park which is expected to be in the second quarter of the fiscal year. Councilman Sklar asked what is the tentative estimated budget for the operation of the park and community center, and would keeping the millage rate flat cover the expenses. Mr. Gonzalez responded that it is estimated to be around $2 million, with about $5 to $6 hundred thousand coming from the existing Resort Tax budget for events and that the increased tax revenue allows the Village to not have to raise taxes. Councilman Freimark asked how the recreation program would be funded if there had not been additional tax revenue, to which Mr. Gonzalez said that the Village Council could consider adjusting the millage rate, adding that the increase in Building Department fees may offset expenses as well as determining whether or not Resort Tax dollars could be used from some programming, and tightening budgets as had been done during COVID. Councilman Sklar said that the addition of the new Carlton Terrace residences to the tax roll would also be beneficial. Councilman Freimark said that he hoped the same level of discipline and diligence will continue to be exercised during this budget cycle. 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). Bat Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 1 5 R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ACCEPTANCE OF 2022-2023 GENERAL APPROPRIATIONS ACT (GAA) FUNDS, THROUGH AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (FDEO), FOR THE JETTY ELEVATION AND SAFETY ENHANCEMENTS PROJECT, AS DETAILED WITHIN THE APPROPRIATIONS PROJECT REQUEST, IN THE ESTIMATED GRANT FUNDED AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This item was considered after Agenda Item R5A. Mr. Gonzalez introduced the item saying that it was an acceptance of an award from the FDOE for the Jetty Project. He said this project was on the Governor's veto list but we were able to make it survive. There were no comments from the public. MOTION: A motion to approve the Resolution was moved by Councilman David Albaum and seconded by Vice Chair Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND MIAMI DADE COUNTY, GOVERNING THE PROVISION OF ON -DEMAND TRANSIT SERVICES IN THE VILLAGE; AUTHORIZING THE EXECUTION OF SUBSEQUENT RENEWALS AND AMENDMENTS AS OFFERED BY MIAMI DADE COUNTY; PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that since the contract with Freebee was approved, it is now time to enter into an interlocal agreement with Miami -Dade County Commission to ultimately approve the service. 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). Bal Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 1 6 R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ZYSCOVICH ARCHITECTS ("ARCHITECT") FOR THE PROVISION OF ARCHITECTURAL, ENGINEERING AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE NEW VILLAGE HALL PROJECT, IN AN AMOUNT OF TWO -MILLION NINE -HUNDRED THOUSAND DOLLARS ($2,900,000) FOR BASIC SERVICES AND SPECIALTY CONSULTANTS PLUS AN OWNER'S CONTINGENCY OF TWO -HUNDRED THOUSAND ($200,000); AMENDING THE FY 2021-22 BUDGET TO FUND THESE SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this was the culmination of an RFQ process for hiring architectural, design, and other specialty services to build the new Village Hall. He said the contract language, scope of services, and a fee proposal had been negotiated ranging from pre -design planning and public forums to project closeout services, interior design and FF&E services. Bernard Zyscovich, Zyscovich Architects, thanked the Village Manager and staff. He said that he had gathered a good team of people and was looking forward to working with the Village for the next several years. Councilman Sklar said there is nothing better than having the same firm doing the design and architecture also conducting the construction management. 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 (4-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item regarding status of underground parking workshop - Councilman Jeffrey P. Freimark Councilman Freimark introduced the item saying that a lot of effort was going into the preparation of the public workshop to, and that he was looking forward to participating. Mr. Gonzalez provided further details of the upcoming workshop. Bal. Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 1 7 R9B Discussion Item regarding Village committees - Councilman David Albaum Councilman Albaum introduced the item saying that the majority of the members of the Villages committees have served for a long time and have shown that they are knowledgeable and committed. He proposed providing members with an annual reward of $750 dollars to be able to be spent in the Village. Councilman Sklar agreed that volunteering for a committee involves the commitment of time to prepare for and attend meetings. He said that it is up to Councilmembers to select the right people with the right knowledge and skill sets to make the decisions that affect the Village. He agreed that it would be a good thing to give back. Vice Mayor Salver suggested having an annual dinner with Councilmembers, where committee chairs speak and special recognition be given. He acknowledged his regret that Dr. Abraham Gotman had not been able to receive special recognition, before he passed, for having served on the Police Officers' Retirement Board for over twelve years. There was a general consensus that the Manager bring options back to the Council that would provide the proper acknowledgement, and reward to board and committee members. R9C Discussion Item regarding regulation of smoking in parks and beaches - Councilman Buzzy Sklar Councilman Sklar said that the State had passed House Bill 105 which gives municipalities the power to regulate smoking in public places, beaches and parks, from a health perspective and an environmental perspective. He added that any non -filtered cigars and vaping would not be regulated. Vice Mayor Salver said he was conflicted in that he can't stand smoking, but questioned if one cannot smoke outside, where could one smoke. He said he would agree to allow smoking on the Beach Path, but not the Beach. Councilman Freimark said that he detests smoking but he was concerned about how it would be regulated in a manner that was efficient. He said that he would not want to divert police resources away from public safety. Councilman Sklar agreed that enforcement is the most difficult aspect, but added that the Village's Beach Officer has been able make what would be a conflict situation into an educational experience. There was a general consensus from the Council to have Village Attorney present an ordinance for first reading at the next Council Meeting. Bal Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 18 R9D Discussion Item regarding the expiration date on certificate of appropriateness - Village Manager Jorge M. Gonzalez Mr. Gonzalez introduced the item saying that a Certificate of Appropriateness (COA) issued by the Architectural Review Board (ARB) does not have an expiration date. He said that an owner may not act on the project years after the ARB hearing and that neighbors may be surprised on a development with the conditions placed by the ARB years later. He said placing an expiration on the COA would require the developer to return to the ARB for a public hearing after a certain amount of time of inaction. There was a general consensus from the Council to have Village Attorney present an ordinance for first reading at the next Council Meeting. R9E - PUBLIC COMMENT Penny Sepler, 10275 Collins Avenue, recommended providing a Bal Harbour Shops gift card to board and committee members to recognize their contributions. She agreed that the smoking ban would not be enforceable and would pit people against each other. Yosef Levy, 10185 Collins Avenue, said that many people get break from reality when tune into see the sunrise and sunset from his amateur social media. He said that the number of fishermen was a bigger problem on the Jetty, then the number of people filming. Neca Logan, 64 Camden Drive, recommended that people pickup garbage should wear proper attire that identifies them. She said the residents of the gated community would like to be better informed regarding updates and changes with the utility infrastructure projects. She said that her quality of life is being minimized due to the proliferation of construction. Lauren Koplowitz, 177 Bal Cross Drive, speaking as a resident, proposed that there be monthly updates on the water infrastructure project given at Council meetings. She said that she would like the infrastructure work being performed inspected by an independent entity. Councilman Sklar asked for an update on the extra police for Ruth K. Broad, to which Mr. Gonzalez said all the managers of Surfside, Bay Harbor Islands and Indian Creek had agreed to share a secondary officer, and the question now will the School Board fund the primary officer. Vice Mayor Salver said that he would like to address the concerns from the gated community, to which Mr. Gonzalez provided an update on the project and said that he would meet with the leadership of the Association. Bal Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 19 Dwight S. Danie, Village Clerk R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT R1 2A Village Attorney Report END OF REGULAR AGENDA ADJOURNMENT -The meeting was adjourned at 8:19 P.M. Mayor Gabriel Groisman 1 1 Bal Harbour Village Council Regular Meeting Minutes — July 19, 2022 Page 1 10