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Home My Public Portal About2014-04-09 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES REGULAR MEETING - APRIL 9, 2014 The Regular Meeting of the Bal Harbour Village Council was held on April 9, 2014, at the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida). CALL TO ORDER: The meeting was called to order at 7:04 p.m. by Mayor Rosenfield. The following were present: Mayor Jean Rosenfield Assistant Mayor Joni D. Blachar Councilwoman Patricia Cohen Councilman Martin Packer Councilman Jaime M. Sanz Jorge M. Gonzalez, Village Manager Ellisa L. Horvath, MMC, Village Clerk Richard Jay Weiss, Village Attorney PLEDGE OF ALLEGIANCE: The Pledge was led by Miami -Dade County Fire Chief Dave Downey. REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS: Mr. Weiss requested that Items R7A, R7B, and R7C be deferred, since a lawsuit had been filed. He requested an Executive Session to be scheduled. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to defer Items R7A, R7B, and R7C. The motion carried (5-0). PRESENTATIONS AND AWARDS PA1 Presentation of Annual Miami -Dade Fire Rescue Department Report — Commissioner Sally A. Heyman and Fire Chief Dave Downey: It was the consensus of the Council that this item be deferred, until Miami -Dade County Commissioner Sally Heyman arrived. CONSENT AGENDA: A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to approve the items on the Consent Agenda. The motion carried (5-0); thus approving the following items: C6 - Council Minutes C6A Regular Council Meeting March 12, 2014 C6B Council Workshop Meeting August 20, 2013 C6C Special Council Meeting July 30, 2013 C6D Special Council Meeting March 19, 2013 Bal Harbour Village Regular Council Meeting Minutes 04/09/2014 1 C6E Special Council Meeting February 5, 2013 C7 — Resolutions C7A RESOLUTION NO. 2014-820: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING EXECUTION OF A PROPOSAL FROM ZAMBELLI FIREWORKS TO PROVIDE THE VILLAGE'S INDEPENDENCE DAY FIREWORKS DISPLAY; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B RESOLUTION NO. 2014-821: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE ENGAGEMENT OF C & I CONSTRUCTION AND DESIGN INC. TO SUPPLY AND INSTALL FIVE REPLACEMENT FIRE HYDRANTS AT VARIOUS LOCATIONS WITHIN THE VILLAGE; AUTHORIZING PAYMENT FOR THE DESCRIBED WORK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C RESOLUTION NO. 2014-822: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING EXECUTION OF A PROPOSAL FROM TEM SYSTEMS, INC. TO REPLACE THE DAMAGED ACCESS GATE LOCATED AT HARBOUR WAY; APPROVING FUNDING AND AUTHORIZING EXECUTION OF A PROPOSAL FROM HOMESTEAD CONCRETE AND DRAINAGE, INC. TO REPAIR THE DAMAGED CONCRETE WALL WHICH SECURES THE ACCESS GATE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. REGULAR AGENDA: R7 — Resolutions R7A DEFERRED: APPROVAL OF A RESOLUTION TERMINATING THE LAND EXCHANGE AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND FLAMINGO WAY ENTERPRISES, LLC. R7B DEFERRED: APPROVAL OF A RESOLUTION ACCEPTING AN ACCESS AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND FLAMINGO WAY ENTERPRISES, LLC. R7C DEFERRED: Quasi -Judicial Public Hearing: Consideration of a request from Joseph M. lmbesi — Flamingo Way Enterprises LLC (200 Bal Bay Drive — Yacht Basin, Bal Harbour, FL) for removal of a condition from the site plan approval issued for the Bal Harbour Yacht Club Dock Master building on October 16, 2012. R9 — New Business and Council Reports: R9A — Update on the Bus Shelters (Requested by Councilman Sanz): Peter Kunen (CAS & Associates) — Village Engineer, provided an update. Mr. Gonzalez discussed the items on the final check list, including the rain guards and paver re -installation ($4,200.00 for another contractor to re -install pavers at the eight shelter locations, proposed to be removed from the change order expense of the current Bal Harbour Village Regular Council Meeting Minutes 04/09/2014 2 contractor). He anticipated one final change order. Mr. Gonzalez will provide the final cost and time duration, to complete the shelters. The following members of the public provided comments: Neil Alter — 9801 Collins Avenue David Kwiat — 10185 Collins Avenue Brian Mulheren — 10245 Collins Avenue R9B - Discussion of a Budget Committee (Requested by Councilman Sanz): Councilman Sanz spoke in favor of appointing the same people to the Budget Committee, for one to two years. The Council discussed soliciting resumes for the Budget Committee. Mr. Gonzalez will provide a six-month financial report, the audit (if completed), and a resolution to establish a budget committee with specific tasks, at the May meeting. The Council discussed whether or not to appoint the Committee to a limited term during the budget process, or for a one to two year term. Mr. Weiss suggested that the Council appoint the Budget Committee members annually. The Village will notify the public that it will be accepting resumes for the Budget Committee. R9C — Discussion of a Food Truck Community Event (Requested by Assistant Mayor Blachar): Assistant Mayor Blachar spoke in favor of a community event with food trucks, in the parking lot near Village Hall. The following members of the public provided comments: Dan Holder — 24 Bal Bay Drive Brian Mulheren — 10245 Collins Avenue Raj Singh — 53 Camden Drive Neil Alter — 9801 Collins Avenue The Council spoke in favor of the event and discussed different possible locations. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to have an event with food trucks, at the parking lot at Village Hall. After further discussion, the following amendment was made: An amendment to the motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to have the event by the jetty or the parking lot (under the Haulover Bridge or Village Hall). The motion carried (5-0). The motion, as amended, carried (5-0). R9D — Follow Up to Discussion of Bicycle Rentals (Requested by Councilwoman Cohen): Councilwoman Cohen spoke in favor of bicycle rental racks, Bal Harbour Village Regular Council Meeting Minutes 04/09/2014 3 possibly under the Haulover Bridge. The following members of the public provided comments: David Kwiat — 10185 Collins Avenue Lynne Bloch Mullen — 10150 Collins Avenue Dina Cellini — 211 Bal Cross Drive Daniel Holder — 24 Bal Bay Drive Brian Mulheren — 10245 Collins Avenue Beth Berkowitz — 10160 Collins Avenue Neil Alter — 9801 Collins Avenue #11 U The Council discussed the inability of the Village to prohibit cyclists from riding on the sidewalks, or on only one side of the street, but the ability to request that they ride on the path on the beach. Police Chief Mark Overton reviewed State Statute that bikes could be cited for not yielding to pedestrians or giving an audible signal, as well as not having a light if riding at night. Councilman Packer suggested that additional wording be provided on the signs, for cyclists to yield to pedestrians. Assistant Mayor Blachar requested that a sign be provided when coming over the Haulover Bridge, to direct cyclists to the beach path. Councilwoman Cohen discussed concern and encouraged sensitivity to cyclists riding in the street. Councilman Sanz spoke against allowing cyclists on the sidewalks, or widening the sidewalks if they were allowed on them. Mr. Gonzalez discussed the sharrow (shared lane between bikes and vehicles) provided on Collins Avenue, since there wasn't ample space to allow for a bike lane. Mr. Gonzalez will provide the number of residents versus tourists that used rental bikes. PRESENTATIONS AND AWARDS PA1 Presentation of Annual Miami -Dade Fire Rescue Department Report — Commissioner Sally A. Heyman and Fire Chief Dave Downey: Miami -Dade County Commissioner Sally Heyman discussed her representation of the Village. She commended the Fire Department and Chief Downey. Chief Dave Downey reviewed his resume and presented the annual Miami -Dade Fire Rescue Department Report. The Council commended the Fire Department. Fire Chief Downey and Police Chief Overton will provide the number of incidents involving cyclists that were hit, while riding in the streets in the Village. Bal Harbour Village Regular Council Meeting Minutes 04/09/2014 4 The following members of the public provided comments: Dan Holder — 24 Bal Bay Drive R9E - Public Comment: The following members of the public provided comments: Angel Cortinas — Attorney (Gunster, Yoakley & Stewart, PA — 2 South Biscayne Blvd. Suite 3400, Miami, FL) representing Flamingo Way Enterprises, LLC. Dan Holder — 24 Bal Bay Drive Officer Madeleine Orr distributed and reviewed information for the Relay for Life Event. R10 — Village Manager Report: Mr. Gonzalez reported that the Council Workshop Meeting, for the Utility Project, was scheduled for May 5, 2014, at 7:00 p.m. Mr. Gonzalez clarified that the workshop (May 12, 2014) regarding the Shops Expansion was being held by the Bal Harbour Shops, not the Village. He noted that the Village wasn't actively reviewing anything for that expansion project. The Council discussed the Branding Presentation, which was held on April 8, 2014. Carolyn Travis — Director of Tourism Marketing, reviewed the museum program and museum access cards for residents. R11 - Village Clerk Report: R11A - Lobbyist Registration Report — As of April 9, 2014: An Updated Lobbyist Report, dated April 9, 2014, was provided to the Council. R12 - Village Attorney Report: No items were discussed. ADJOURN: There being no further business, a motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to adjourn. The motion carried (5-0) and the meeting was adjourned at 8:34 p.m. Attest: , Ellisa L. Horvath, MM) illage Clerk ayo Jean Ro .enfi Bal Harbour Village Regular Council Meeting Minutes 04/09/2014 5