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Home My Public Portal About2014-05-13 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES REGULAR MEETING - MAY 13, 2014 The Regular Meeting of the Bal Harbour Village Council was held on May 13, 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 7:46 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 done at the General Employees Retirement Board Meeting. REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS: None. PRESENTATIONS AND AWARDS: PA1 - Presentation of Certificate of Appreciation to William O'Leary— O'Leary Design Associates: Mayor Rosenfield presented Mr. O'Leary with a proclamation, in appreciation of his service as the Village's Landscape Architect. Members of the Council thanked Mr. O'Leary for his service to the community. William O'Leary thanked the Council for the recognition. The following members of the public provided comments: Mike Izak — 90 Harbour Way (and various other properties in the Village) Mr. Gonzalez discussed the ongoing process to maintain the beach area. CONSENT AGENDA: Mr. Gonzalez and Chief Overton reviewed Item C7D, in response to questions from Mayor Rosenfield. Mr. Gonzalez reviewed Item C7A, in response to questions from Councilman Sanz. The Council discussed the possibility of adding a Bal Harbour logo to the receptacles, once Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 l a new logo was selected. A motion was offered by Councilman Packer and seconded by Councilman Sanz 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 April 9, 2014 C6B - Council Workshop Meeting October 10, 2012 C6C - Council Workshop Meeting September 21, 2012 C7 — Resolutions C7A - Resolution No. 2014-823: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING THE PURCHASE OF 15 OUTDOOR WASTE RECEPTACLES FOR A COST OF $ 10,747.45; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B - Resolution No. 2014-824: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE ENGAGEMENT OF SHENANDOAH CONSTRUCTION TO PERFORM AN EMERGENCY SEWER LINE BLOCKAGE REMOVAL AT A COST OF $2,960.00; AUTHORIZING PAYMENT FOR EMERGENCY SERVICE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C - Resolution No. 2014-825: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A MUTUAL AID AGREEMENT BETWEEN THE BAL HARBOUR POLICE DEPARTMENT AND NORTH BAY VILLAGE POLICE DEPARTMENT FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BETWEEN BAL HARBOUR VILLAGE AND NORTH BAY VILLAGE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D - Resolution No. 2014-826: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND INSPIRON LOGISTICS LLC FOR THE PURPOSE OF ESTABLISHING A WIRELESS EMERGENCY NOTIFICATION SYSTEM (WENS); PROVDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7E - Resolution No. 2014-827: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING EXECUTION OF A PROPOSAL FROM AMERICAN UNDERWATER CONTRACTORS TO PROVIDE AND INSTALL BUOYS ALONG THE WATERCRAFT EXCLUSION ZONE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. REGULAR AGENDA: R5 — Ordinances R5A: The following Ordinance title was read by Mrs. Horvath: Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 2 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 5.5 "APPEARANCE CODE," ARTICLE II "APPEARANCE PLAN," BY AMENDING SECTION 5.5-5 "CRITERIA FOR APPEARANCE" AND SECTION 5.5-6 "MAINTENANCE FOR GOOD APPEARANCE; AMENDING CHAPTER 21 "ZONING," ARTICLE III "DISTRICT REGULATIONS," DIVISION 11 "B BUSINESS DISTRICT," BY AMENDING SECTION 21-322 "SITE PLAN REVIEW" AND SECTION 21-323 "AESTHETIC REVIEW" AND CREATING SECTION 21-324 "MAINTENANCE FOR AESTHETIC APPEARANCE", IN ORDER TO PROVIDE FOR STANDARDS FOR APPEARANCE AND MAINTENANCE IN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Mr. Gonzalez explained the Ordinance, which established regulations for the aesthetic appearance of roofs in the Business (B) District and Multi -family Districts, similar to the other residential sections in the Village. He discussed the option (page 104) to include an appearance component for the Business (B) District that currently didn't exist. He noted that if the Council chose to include that component, comments could be received from the Bal Harbour Shops on the Ordinance, between first and second reading. Michael Miller — Village Planner (Michael Miller Planning Associates, Inc.), reviewed a Powerpoint presentation explaining the Ordinance. A motion was offered by Councilwoman Cohen and seconded by Assistant Mayor Blachar to approve the Ordinance. The following members of the public provided comments: Raj Singh — Sea View Hotel (9909 Collins Avenue) Michael Krop — 9601 Collins Avenue Brian Mulheren — 10245 Collins Avenue Mr. Weiss clarified that once the Council expressed its desire to adopt an ordinance, then that ordinance would apply to anyone who applied for a building permit. A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to amend the motion to incorporate maintenance language (shown on Agenda pages 104-105) for the B Business Zoning District into the Ordinance. The motion carried (5-0), with the roll call vote as follows: Assistant Mayor Blachar yes; Councilwoman Cohen yes; Councilman Packer yes; Councilman Sanz yes; and Mayor Rosenfield yes. The motion, as amended, carried (5-0), with the roll call vote as follows: Assistant Mayor Blachar yes; Councilwoman Cohen yes; Councilman Packer yes; Councilman Sanz yes; and Mayor Rosenfield yes. R7 — Resolutions R7A: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE BAL HARBOUR BRAND GUIDE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 DATE. Mr. Gonzalez discussed the process to reach consensus on the Brand Guide. Carolyn Travis — Director of Tourism Marketing, reviewed the Bal Harbour Brand Guide. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to approve the Resolution. The following members of the public provided comments: Mike lzak - 90 Harbour Way (and various other properties in the Village) Anamarie Kelly — 77 Camden Drive Mr. Gonzalez explained the collection of resort tax by the Village, which had restrictions on what the money could be spent on. He noted that a certain percentage was used for the maintenance of the community and the larger percentage was used for items such as the brand guide, advertising, etc. The Council discussed reviewing the possibility of rebalancing the percentage split, during the budget process. Mr. Gonzalez explained that the Brand Guide would be the foundation, to develop an advertising plan and strategy. The motion carried (5-0); thus becoming Resolution No. 2014-828. R7B: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND CALVIN, GIORDANO & ASSOCIATES, INC. (CGA) FOR THE PURPOSE OF PROVIDING INFORMATION TECHNOLOGY SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to approve the Resolution. Mr. Gonzalez explained the need to provide better technology and to expand Channel 77. Chris Giordano — Director of Management Services (Calvin, Giordano & Associates, Inc.), reviewed the contract. The following members of the public provided comments: Beth Berkowitz — 10160 Collins Avenue Brian Mulheren — 10245 Collins Avenue Mike lzak — 90 Harbour Way (and various other properties in the Village) Neil Alter — 9801 Collins Avenue The possibility of using resort tax funds to partially fund the item was discussed. Mr. Gonzalez discussed the possibility of looking into providing live -streaming of the Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 4 meetings, on Channel 77. Mr. Gonzalez confirmed that IT support would be provided for the Council. The motion carried (5-0); thus becoming Resolution No. 2014-829. R7C: The following Resolution title was read by Mayor Rosenfield: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING EXECUTION OF AN EMPLOYMENT AGREEMENT WITH THE VILLAGE CLERK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to approve the Resolution. The motion carried (5-0); thus becoming Resolution No. 2014-830. R7D: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING MEMBERS TO THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilwoman Cohen and seconded by Assistant Mayor Blachar to approve the Resolution. Mr. Gonzalez reviewed the item and noted that the composition of the Board would still be reviewed. The Council discussed the recent new requirement for Board members to visit the sites, prior to the meetings. Jaya Kader Zebede — Architect, reviewed her resume. Mrs. Horvath noted that Jaime Schapiro was not able to attend the meeting due to a prior engagement, but had expressed his interest in serving. The motion carried (5-0); thus becoming Resolution No. 2014-831. R9 - New Business and Council Reports: R9A — Report on Meeting with the Area Mayors (Requested by Mayor Rosenfield): Mayor Rosenfield reviewed the following items that were discussed at the Mayors' meeting: coordinating bus services, traffic signalization study, beautifying the beach entrance at 96th Street, climate change and infrastructure discussion, and coordinating construction in the three municipalities. R9B — Consideration of a Resolution Encouraging Efforts to End the Operation of Puppy Mills and Kitten Factories (Requested by Councilwoman Cohen): The Council considered the following resolution: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 5 FLORIDA; ENCOURAGING EFFORTS TO END THE OPERATION OF "PUPPY MILLS" AND "KITTEN FACTORIES" BY ENDING COMMERCIAL SALE OF THESE ANIMALS AT RETAIL PET STORES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Cohen explained the Resolution. Mr. Gonzalez explained that the Village didn't need an ordinance, since it didn't allow pet shops, but a resolution would provide support to other communities. A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the Resolution. The motion carried (5-0); thus becoming Resolution No. 2014-832. meeting. R9C - Public Comment: Comments were provided later in the R10 — Village Manager Report: R10A - Fiscal Year 2014 Second Quarter Financial Report — Christopher Wallace, Finance Director: Mr. Wallace provided a summary of the financial report provided in the agenda. R1OB - Bal Harbour Village Budget Committee: Mr. Gonzalez reviewed the Charge Memorandum for the recommended Committee. It was the consensus of the Council that elected officials (Councilmembers) not serve on Village Committees/Boards. The Council commended Councilman Packer's prior service on the Budget Committee. Mr. Gonzalez reviewed the concept of a twelve-month work product, with a term of one year, as a standing committee. Mayor Rosenfield solicited resumes from the public for the Budget Committee. Councilman Packer commended the prior members of the Budget Committee. Mr. Gonzalez discussed the concept of a Council Committee of the Whole. The Budget Committee will determine its meeting dates and times. It was the consensus of the Council for each Council Member to appoint one member to the Budget Committee. Mrs. Horvath will forward any resumes received to the Council. An item to appoint the Budget Committee members will be placed on the June Council agenda. Mr. Weiss clarified that the Sunshine Law would apply to the Committee. The Council discussed the concept to have consistency for the other Village Boards and Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 6 Committees. Mr. Gonzalez will inventory all the Committees/Boards and provide recommendations, for the Council to review. Mr. Gonzalez introduced the new Chief Financial Officer, Amber Riviere, as of May 19, 2014. Amber Riviere reviewed her resume and discussed what the transition plan would be with Christopher Wallace, the current Finance Director. R11 - Village Clerk Report: R11A - Lobbyist Registration Report — As of May 13, 2014: No updates were provided to the report provided in the Agenda. R12 - Village Attorney Report: No items were discussed. R9C - Public Comment: The following members of the public provided comments: Beth Berkowitz — 10160 Collins Avenue Gabriela Webster — 30 Park Drive Dina Cellini — 211 Bal Cross Drive Anamarie Kelly Stoppa — 77 Camden Drive Mr. Gonzalez discussed the beach trolley that was operating and reported that notices would be provided to residents (postcard, etc.) with information. The Council discussed the time of the Council meetings. The Council discussed the election of the RAC (Gated Residential Section Advisory Committee) members, in lieu of appointments by the Council. Mr. Gonzalez anticipated that the Bal Harbour Shops would submit a set of plans for the Village to respond to. He noted that at that time a process would be established for review of the plans, analysis, independent review, etc. Mr. Weiss agreed that the Village was waiting for the Bal Harbour Shops to submit plans and would react at that time. The Council discussed a "fact -sharing" workshop when the Bal Harbour Shops plans were considered. ADJOURN: There being no further business, a motion was offered by Councilwoman Cohen and seconaea by Councilman Packer to adjourn. The motion carried (5 • 0) and the meeting was adjourned at 10:34 p.m. Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 7 Attest: Ellisa L. Horvath, MMC,6411age Clerk an Rosenfie Bal Harbour Village Regular Council Meeting Minutes 05/13/2014 8