Village Council - Regular Meeting

If everyone can please find their seats. It's going to take a lot more than a jacket. Okay. Okay. Okay. Okay.

Okay. Okay. Mr. Clerk, call to order, please.

Thank you. Any... Oh, there's no... Pledge of Allegiance.

Request for additions, withdrawals, and deferrals. Yes, Mr. Mayor. I'd like to move C7A off the consent agenda and move it to the end of the meeting, please. Okay. So it will be heard. I will be leaving for that.

Recuse yourself. Recuse myself. Okay. So it will be heard after public comment.

And I would like to add a public comment. Do I need to say that?

No. You'll be able to do that when we open it up. Okay, so I start this meeting with some sad news. In late May, we lost our former mayor, Jeannie Rosenfield. She was not only a respected teacher, leader, she was also my neighbor, and I had many interactions with her. So I wanted to take a moment to recognize her. And, you know, this was a... Bell Harbor was... was a second home for her. She was the mayor for two terms. She served on the council and she was a very respected member of the community and I'm going to read a little bit about her in this proclamation that is going to be signed by t

We're going to make a terrible basketball team, aren't we?

Okay. On a happier note, Earlier this month, I had the privilege to attend the Ruth K. Broad commencement ceremony, which took place at Miami Beach High. And every city, Surfside, Bal Harbor, and Bay Harbor, gets to recognize the top graduate from that municipality. And I'm honored to welcome to our meeting tonight Nassim Isaac Burstein-Hafetz, who is, I'm just going to read here, in special recognition of your receipt of this year's commendable student award and your exceptional accomplishments and unwavering dedication to academic excellence and extracurricular activities, your remarkable ac

Okay, so we wish you well in your high school career. Maybe you'll be back here in four years, valedictorian of Beach High. Okay, the next presentation's gonna be given by our wonderful Bell Harbor Police Department.

One, two, three. Chief, does that complete your presentation?

Thank you. And thank you to all those honored tonight and all those here in attendance to be able to witness these wonderful members of our police department receive much, much deserved recognition. Next item, consent agenda with the excluding C7A. Do I have a motion for approval? I'll second. It's been moved and seconded. All those in favor, say aye. Aye. Aye. Okay. R5A.

Okay. I guess I want to start because I wasn't here for first reading, and I do want to thank the Vice Mayor for taking on last month's meeting, which was also an LPA, and you did a great job. I was actually watching from the plane, but I wasn't allowed to participate in the Zoom. I wanted to hear what you were going to say when I wasn't here, you know. But this was something that originally came out of a discussion that we had at one of our council retreats. And it's something where the ARB, while I see a lot of value in it, there are times where it could seem like it's really a... a process,

I just want to make sure that I'm understanding. I know, I know it's a lot. That was pretty verbose. You're saying that group all buildings, because it's not just east side, it'd be west side also. Okay. I mean, if you're going to put the east side, it would be the west side buildings also. So if 30 percent, if you're changing less than 30. No, no, no. I'm not. No, no. Because that's what this is.

No, well, that's one of the carve-outs. We can do an additional carve-out for oceanfront. That would specifically address my issue. Susan has the language. So you're saying that. No, that 30 percent won't work because you're never going to hit that threshold on a building. Even if you do the balconies, that's not possible.

Yeah, like at 102.75 right now, we're doing our pool deck. Our pool deck is less than 30% of our total building square footage. No, but so is a lot of other stuff. Right.

Like anything that you're changing in the facade of the building, like the balconies.

But that would be more than 30%. I don't think it would be. If you're changing the facade of your building. Maybe we should bring up Alley. It would be, 100%.

I don't, I don't know that. I'm not sure.

Yeah, we can get to that, but let's, this is really more to have a, because this is instead of our discussion item, I, you know, I just feel like it would be appropriate to have it now since we are talking about this.

No, I was saying is it going to fall under the same 30% rule that we already have in the ordinance as it's written right now? And he said no, it would be different. Okay, so fine. So then Susan, go ahead.

Sorry. I thought you were saying the balconies would fall under the 30%.

No, no, because right now the way it reads, if I'm correct, if you're doing less than 30%, work on the total square footage of your home, it does not have to go to ARB.

Right, because ARB is basically just giving a visual perspective, basically from a design perspective. If someone's putting a hot tub, for instance, and there still needs to be structural underneath, that's still overridden by our building department. So, I mean, I think ARB... You're correct, it's appearance and not structural. Right, because ARB overreaches a lot in a lot of these situations where... They don't like the color of the wood. And now someone has to redo their house and redo their plans and pay for a new set of plans based on something that truly is an opinion. There's zero fact

Right. And I'm not advocating it. I'm not advocating it. No, I was just asking a question. I'm just saying that I don't know why the ARB needs to opine on, you know, the color of the wood that clads the cabanas in, you know, or the basketball court, you know, things that have been voted on by a majority of the owners of a building shouldn't require, you know, shouldn't have to go through this process. And it's a process that requires you to get your, you know, architect to come in person, defend it, and that costs money, and just that whole process, and it also delays. Like, there's a building

Sorry, guys, but why do we have an ARB? What is the function of the ARB? What is the definition of the ARB? I mean, I know what it stands for, but what are they supposed to do? Michael, aesthetics.

Here's where my overall problem is. If we're looking to outside architects for aesthetics, how do we know that these people have the taste level that we want here in Bell Harbor? I would rather see residents be more involved than necessarily architect. I mean, honestly, I'd rather have Patricia. I think she has a better taste level than probably any architect sitting on there. You know, so for me, just because you have an architectural degree.

Well, honestly, I've never voted once on someone. They're always just giving names and they band up on the board. So I'm going to respectfully disagree with that. I think if we're talking taste level, just because you're an architect doesn't mean you have a great taste level. I agree. We've seen some really bad architecture out there. And, you know, I would really like to know, not tonight, but I think it's something, whether it's at the retreat or moving forward, I think it's something we really need to analyze in a very big way of who we would want to see if we are going to continue with an

And now we're only doing the residential sections.

Will that make buildings suffer economical loss while we don't do something about it? That's my only concern. Can we do something?

We can't make a decision just because of one building. No, no, 100%. But I'm just saying, like, is the Balmoral spending $20,000 a day? That's a shitload of money. Excuse my language.

I think we have half the buildings. on the east side under construction right now, in some way, shape, or form. Right, but they've already been past this. Whether it's a 40-year cert or a 60-year cert. Right, but they're already past this process. Right, but ARB has also gotten us in a little bit of trouble. Remember the whole RIVAGE problem with ARB? There's a lot to talk about. That's what I'm saying. There's a lot more than just this. Any public comment?

I appreciate that input. Okay. Go ahead.

Thank you. Any other public comment? Mika?

Okay. Any public comment? More public comment? Dwight, anything? Emails?

I appreciate the input. I still want to make the motion because this is something that is costing buildings in Bell Harbor today thousands of dollars a day. So if it's something that we can help with and it's something that does not need to go to ARB. does not need to go to ARB. It's been voted on by a majority of the residents. So I don't think we're really harming anyone. I think we're only helping here. And if it's something, this is not precluding us from going down that process that has to be gone down anyway, which is frankly why, what I thought was the direction from our retreat, but I

It's been moved and seconded. All those in favor of the amendment say aye. Aye. Opposed? Aye. So two opposed. So that means it's not amended.

Honestly, Seth, thank you for bringing it up. In all honesty, I think it's something that we really have to dig into. And if you didn't bring it up, we would never be going down that road. So I appreciate that. You don't want to help this building any? There's a lot of buildings. If we can't help everybody at the same time, I'd rather it be done the right way. Okay.

I appreciate that. Okay, so we've heard public comment. All those in favor of passing? Is there a motion to approve R5A as published in the agenda? I'll make a motion. Is there a second? Second. It's been moved and seconded. Roll call, please.

Okay. Any discussion from council? Any public comment? Go ahead.

Okay. Appreciate that. Clarification. Any other public comment? Okay, is there a motion? I'll make a motion. Second. It's been moved and seconded. Roll call, please.

Okay. Any questions from council? Any questions from the public comment? Seeing none. Okay. Is there a motion? Is there a second? Second. It's been moved and seconded. Roll call, please.

And this is what will be published on the trim notice, is that correct?

Well, no, I mean, if we set it today, this is what will be on the trim notice.

This is what will be sent out to every single resident in the gated community. This is the amount that they're going to see and this is the amount they're going to frankly remember because people always see the trim more so than they see the actual bill at the end. Yeah, because a lot of them don't even pay it. It's paid by escrows and stuff like that. I'm unclear on what the trim is. That's what you get in September. It's the notice.

It says where the dates for all the meetings that each item is going to be voted on. Yeah.

Why didn't they just do it? Sorry, time's up, but appreciate it.

If we go back, you were, yeah, you got it. Okay. Any other comment? Okay. Okay.

Any other public comment? Oh, okay, Nika. Are you speaking on behalf of the Civic Association?

Okay. OK. Anna, do you want to address? OK. Come on up.

Okay. Is there any further public comment? Okay, seeing none, I'm going to close public comment. Is there any discussion from counsel? Is there a motion?

Oh, sorry. Is there any legal reasons why we shouldn't be collecting the assessment? Or is there a legal reason we should be collecting the assessment?

Okay, thank you. We do have a milestone agreement in place.

It's been moved and seconded. Voice vote. All those in favor say aye. Aye. Aye. Opposed? None. Passes 4-0. Solid waste assessment R7B.

So this is a 5% increase. So basically we gave them the entire increase and couldn't negotiate it down at all?

I remember there was a conversation, I think in one of the retreats, we talked about this particular company wanted to stop doing some work on public holidays. What happened with that? Because that was one of the comments that George made, that they wanted to stop work on, for example, January 1st and some other public holidays.

Okay. Okay. Any public comment? Seeing none, is there a motion? I'll make a motion. Is there a second? Second. It's been moved and seconded. All those in favor, say aye. Aye. Aye. Opposed? None. Passes 4-0. Okay. New business and council discussion. R9A, I guess since I didn't really get, I don't know if we gave direction. I think we know how I feel. We know how some other folks feel. But I guess what would be the appropriate next step then to explore this further? That's my question.

I definitely think there's a review of ARB in totality. Okay. So, and not only of what ARB's rules and regs are, I think Patricia brought up a very good point of the people that are actually sitting on the ARB, I think is very important. Making sure that it's a more widespread You know, whether it's a landscape architect and a couple of people from the community and, you know, I think it has to do with taste level.

Right. I mean, I guess their terms are up in November, so this would be a timely discussion to have now. if we did want to make changes to the composition of the ARB and also, I guess, what would fall under their portfolio. So is this something that, you know, I open this to Ramir, you know, is this something we should have a workshop on?

Is this something? Retreat's a couple months away.

No, but retreat would be after the new ARB.

No, no, we do mini retreat. Oh, the mini retreat.

Mini retreat. Right, which we haven't set a date yet.

But again, I think that's a perfect, I think it's a perfect time to discuss it. Okay.

So by code, it says architect. Yes. So we could revise that code.

Are you okay with that, David? Mr. Mayor, I think it works well because then we could always, if we wanted to change the code, we have September and October meetings to do that prior to November change.

Okay. All's well that ends well. Just so you know, we're going to bring this up at the mini-retreat this summer. Okay, R9B. Councilman Ali.

Thank you, Mayor. So talking to a few residents, I'm becoming more active with our fitness room, which is great, and I invite everybody to come over and see it, especially now that so many buildings, you know, some of their facilities are closed. It was brought to my attention that perhaps we should look at increasing the operating hours for the fitness facility. I had a chat with Sylvia the other day, and she mentioned that perhaps what we can do is to send a survey to see what time will be good for our residents to come to the gym. So I would like us to explore increasing the operating hours

I mean, I also got some feedback with folks that say, wait, people normally work out before work, and they can't right now. So, I mean, I'd like to hear from Sylvia, I guess, what are the logistics behind making something like this work? Right. Sylvia's got that, so she can share that with you.

How many people are part of the opening staff?

So if we're adding three hours times 300-something days a year, that's going to cost us $50,000 more?

What do other communities that have these sort of facilities do? Do we know?

Miami Beach has in Flamingo Park its own gym. So they don't have to open an entire facility just to open their gym. No, it's indoors. It's sort of separate from the rest of the facility. So they could just have one person just open.

And then the person that comes in and opens the park at 7 can't open? You're saying where are they?

What are we paying the hourlies that would be opening?

So what happens to this park opener that comes at 6.30? What do they do at 9?

So I just did back of the napkin math quick. If they're coming in two extra hours times $46 a day more times 300 days is only $13,800. How is that close to $50,000?

I did two extra hours at $23 an hour, $46 more a day. Times 300 days is only $13,800. But it's $365, right?

No, no. We're just increasing that one person coming in two hours earlier.

But it doesn't matter. It's still a body that we're paying two... It doesn't matter who the person is. Are they hourly? It doesn't matter who the person is. They're hourly. I mean... It's still...

It's still double. Even using your numbers, it's only 25.

So it's not like we're writing a check for $50,000. I think if the direction is, you know, we know it's an amount not to exceed $50,000, it could obviously be a lot lower than that. I guess, is there a desire for this to just, I mean, what would be, this is worded as a pilot program, so that makes me think it would happen before our budget cycle. Logistically, Sylvia, if it was the desire of the council to proceed with this as soon as possible, how soon can you spin it up?

I appreciate what you're saying. To me, testing it with an upside of $25,000 is a lot different than testing it with an upside of $50,000.

I don't even know how we quantify the cost.

Well, you quantify the cost by what your labor cost is.

I don't know. We have that for the community center.

I don't think we have that for this additional – Well, we just – if you're adding three hours times $23 times 365 days a year, it's $16,000 or $24,000, whatever.

I guess, Claudia, would you like to come up? Yeah, Mr. – Because we're getting into the numbers, but – A couple things, I think.

But you're missing the point. It's seven days a week. It's the body for those hours. It doesn't matter if it's one person or two persons. Yeah.

Okay, I think... Before we get into the... Okay. I think... It's not like we're... I think we're getting a little bit into the weeds. Yeah.

So, yes, that was a conversation with Silvia to see what time, what is the area we should be opening. I think that we should do a pilot program. to see if there is participation. I know at least one member of the council who will come. Maybe if I can force David to come, he will come too. On a serious note, why don't we do a pilot program? Let's do it for August. And then we do it on one of the busiest months, you know, at the season start, which I'm sure is going to get busier now that, you know, for example, buses building, you know, it's not going to have a gym or the one next door doesn't

But is there a need to do it on weekends as well? Because I feel like we do early because people go to work, but I mean, I don't, you know, maybe if we say it's a pilot, maybe just do Monday through Friday. And that might be easier to get those hours covered. Sylvia, crazy question.

Okay. Right. Okay. So what are you, I mean, so is there a consensus to try to make this happen Monday through Friday? No. Would we say 7 a.m., 6 a.m.? I don't know.

I think at that point, that takes time, right? And it's also a lot of people are on holidays. You know, people are away. I don't know how many.

I feel like every time that we're trying to do something, you know, we always try to be late as much as we can.

I understand. But we say August is not the right month. No, not to point what you say. Okay, so let's do it in September. Let's do it in November. So let's do it next year when the new building is open.

And I'm assuming the population that's, Sylvia, you're going to send that survey out to everyone that has, like, registered for Park Access?

And that will be sent out as soon as possible, right? Excellent. Okay. Thank you. I-9C, Councilman Levy.

So, as we're approaching the summer months, or we are already in the summer months, one of the things that I believe is very important for the community to know how to do CPR, hemorrhage, maneuver, and be able to provide help when needed. I can tell you that the other day I was at the park and one of the mums asked me as a Hatzala member, who can give us a course on CPR for our nannies and for herself? And I said, listen, I'm happy to help. I'm happy to give one. But if we can provide something for the broader community, we have new moms, we have new nannies, and I think it's an important skil

So you're saying one would be just like to, like just purely just to learn, and then the other one you would actually, people, participants would leave with a certification?

We can do it at the same time. Honestly, it takes, you know, for friends and family, it takes maybe two hours as a course. You know, if someone wanted to more specialize and have a car from the HAA, American Heart Association, you know, that's a four-hour course and it's a commitment. And the course is valid for two years. And I know there are members in the community that will take it. I mean, Had Salad does it regularly, and it's one of our most demanded requests to give CPR courses to the community.

It's well worth it. Right. It saves one life. Yeah. $30,000. Yeah.

I was thinking if our police can do it, why not?

Right? Sure. Right. Okay. Are you good with that direction? Yeah, absolutely. Thank you.

So R19, Councilman Squire. Thank you, Mr. Mayor. I know, just to give a little background on this, we have a lot of buildings under construction. We have a building right next door to the Harbor House, the Ravage, that has been under construction, and they've been in violation quite a few times of code. I know we're limited of what we could charge as fines statutory by the state. If I'm building a 27-story building and I need to pour concrete and it's after hours, I'm going to take a 200-hour fine every day of the week, a little slap on the wrist, a 200-hour fine when I'm selling apartments fo

I don't know if anyone from the police wants to come up.

In all due respect, that's not our problem. That's their problem for shrinking their footprint to a point where it becomes hard to work.

I appreciate it, and I know you've been working really hard with them, but at the end of the day, they have to run the business. We have to run a quiet, safe community. That's our job. I appreciate that. If they want to put two offices there and they have to put trucks in and out the wrong ways, not our problem. Their problem. They could remove those offices, to your point. If all of a sudden they want to start pouring at noon, knowing that pour is going to go to 9.30 at night, Again, not our problem, their problem. With the go or no go, that's what they're going to have to do. And they just c

I have some questions for the deputy and possibly for Susan or maybe Ellie. There's no provision where it's like we can red-tag them for habitual violations?

Right. And then, Deputy Chief, when you go on site for one of these violations, I mean, are there any decibel readings that are taken? Like, is it in fact, I understand that having people working next to you and you can see it might bother some, but is it actually loud and causing disturbance in the community?

It seems like what you're asking us to do we can't do. Again, not from a code, but what i'm asking is what can we do i don't know i'm not okay you know and then i don't know if it's something from a legal perspective it was always my understanding it can't be a code violation because that's capped that's statutory from the state is there anything we can do it was always my understanding that like a project that like i know i think in bay harbor if they there's like if you're building a house and your workers keep coming too early they red tag you so i don't know if that's

No, but like they, like I know for a fact there was a project they were building. Oh, Michael, do you want to speak on it? I'm exactly right, right? They had workers on site too early, and they got one warning, two warnings, a third time, they lost their ability to continue building. Unfortunately, if they contest that in court, they'll lose it.

Okay. Susan, can you look into it a bit? I don't need an answer today, but if you could really look into it and see if we have any leg to stand on outside of just to slap on the wrist $500 fine.

So their go or no-go time is 10 o'clock every day?

So, again, so we're giving them a go or no-go time of 10 o'clock.

And then, Mo, I know you've been working hard on it. When are they going to get the proper traffic flow that was originally approved that they basically have never...

I really appreciate that. I know, Mo, you've been on top of it, and thank you so much for just really making sure that it's done as well as it can be done within the constraints that we have and they have.

Okay. Thank you for that, and I think you got what you wanted on that one. More or less.

R90. Thank you, Mr. Mayor. Yeah, I just wanted to get an update now that the cooling off period is over on the electric bikes on the beach path. I just want to see how we're doing in the way of warnings and... You know, tickets, and I know the new signage is coming in soon.

Thanks, Chief. I appreciate it and looking forward to getting the signage up there. Make your guys' lives a lot easier. Yes, thank you.

You know what they did in Bay Harbor, which I thought was really good? Anyone under 16 that is on one must wear a helmet.

I think they ended up outlying it altogether. You need to have a learner's license, so you have to be 15 or older to ride it.

There was an original proposal, but they ended up going much stricter. Will the signage on the streets still say anyone under 16? They just passed this last week.

Right, Dave? I... Okay, we'll get to it in a second. Yeah, it was a first reading ordinance, but their desire is that they're going to outlaw it completely. Are they allowed to do that?

So can you maybe at retreat just give us a little what we can do, what we can't do based on the new... What just went to the governor today?

But that's what I'm saying. Oh, yeah, it is possible. The other things that we might be able to do to make it a little bit more stringent and safer would be greatly appreciated.

Yes. Well, that's where the death was, so...

Okay. Before we get to public comment, Alejandro, did you want to... Yeah, so you would go now, and then I'd open it up to the general public.

17 years old, adorable guy. He came and said, you know, like, I don't play basketball. I don't know anything about basketball, aside from the Knicks won the game, the MFA. Yeah. Anyhow, long story short, the guy mentioned, and I spoke to Silvia, thank you, about the quality of the surface. Apparently it's not very good, so I don't know anything about it, but I just wanted to voice what these young men mentioned and to acknowledge him and encourage every single person in that age group to come. It's actually great to see them. So that was one of my comments, so thank you, Simon. On the second s

Thank you. I just have a question about that.

All right. Let's just see. Let's just close public comment, and then the manager can address. He's been taking notes. Okay. We have more public comment?

Thanks. Any other public comment before we close public comment? Okay. Okay, so public comment is closed. Mr. Assistant Manager, did you want to address any comments before I call up the Deputy Chief?

I just had a question. Oh, sorry. So I always thought when, and again, this would probably be an Elliot question more than anything, I always thought when you remove your tree, you had to replant it. It was always, you know, common. You have to replace it. You have to replace it. So if these people are cutting down these trees... You know, and again, you know, sure, they're cutting down, you know, these beautiful 100-year-old trees and replacing it with a twig. Is there anything within code that says you have to almost match apples to apples?

Am I wrong that when you remove a tree, generally they make you replace the same green space?

It's all good. Yeah, so public comment is closed. Thank you. Village managers report. Oh, right, right, right, right. Okay, so Councilman Sklar is going to excuse himself, and we're going to do our, sorry, C7A. That's our agenda, yeah. C7A.

Everyone have a great Fourth of July. Thank you. Thank you.

We have to wait for him to exit the room before we can proceed.

Yeah. Oh, you can read the title? Oh, okay.

Ratify. Thank you. Any public comment? Seeing that, is there a motion? Is there a second? I second. It's been moved and seconded. All those in favor say aye. Aye. Passes 3-0. Village manager's report? No report, Mr. Mayor. Village clerk's report? In your package. Village attorney's report? Thank you. And I hope everyone has a wonderful 4th of July. If you see Bell Harbor, we have our 250th.