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HomeMy Public PortalAbout2014-06-17 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES REGULAR MEETING - JUNE 17, 2014 The Regular Meeting of the Bal Harbour Village Council was held on June 17, 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 7:16 p.m. by Mayor Rosenfield. The following were present: Mayor Jean Rosenfield Assistant Mayor Joni D. Blachar Councilwoman Patricia Cohen Councilman Martin Packer Absent: Councilman Jaime M. Sanz Also Present: Jorge M. Gonzalez, Village Manager Ellisa L. Horvath, MMC, Village Clerk Richard Jay Weiss, Village Attorney Mayor Rosenfield presented Village resident Brooke Schuchts (Ruth K. Broad K-8 Center Graduate), with a plaque on behalf of the Council. PLEDGE OF ALLEGIANCE: The Pledge was led by Village resident Brooke Schuchts. It was the consensus of the Council to take the following item out of order: R10A - Presentation of Comprehensive Annual Financial Report - Michael Fuderman, Marcum LLP: Mr. Fuderman presented the Comprehensive Financial Report. It was reported that the Councilmembers met individually with Mr. Fuderman to review the report. Mr. Fuderman summarized that there were no findings in this year's audit, no matters to report to the Council, and the audit process was completed without disagreements with management. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to accept the Comprehensive Annual Financial Report. The motion carried (4-0) REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS: None. PRESENTATIONS AND AWARDS: None. Mr. Gonzalez, as well as the Mayor and Council, recognized Chris Wallace for his service as Finance Director and thanked him for delivering a clean audit. Mayor Rosenfield announced that Andrea Greenblatt, Executive Assistant, would be retiring July 3, 2014. The Mayor, Council, and residents applauded Mrs. Greenblatt and thanked her for 11 years of service. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 1 CONSENT AGENDA: Mayor Rosenfield requested the removal of Item C7C. The following members of the public requested the removal of items: Brian Mulheren — 10245 Collins Avenue It was the consensus of the Council to remove items C7C and C7E, for discussion. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to approve the remaining items on the Consent Agenda. The motion carried (4-0); thus approving the following items: C6 - Council Minutes C6A Regular Council Meeting May 13, 2014 C6B Council Workshop Meeting May 5, 2014 C7 — Resolutions C7A — Resolution No. 2014-833: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT WITH TYCO SIMPLEX GRINNELL FOR FIRE ALARM SYSTEM MAINTENANCE FOR VILLAGE HALL AT A COST OF $2,800.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B — Resolution No. 2014-834: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ENGAGEMENT OF C & I CONSTRUCTION AND DESIGN INC. TO PERFORM AN EMERGENCY REPLACEMENT OF A FIRE HYDRANT AND VALVE AT A COST OF $5,954; APPROVING THE ENGAGEMENT OF C & I CONSTRUCTION AND DESIGN INC. TO SUPPLY AND INSTALL FOUR REPLACEMENT FIRE HYDRANTS AND UP TO TEN FIRE HYDRANTS AS NEEDED AT VARIOUS LOCATIONS WITHIN THE VILLAGE AT A COST NOT TO EXCEED $39,800; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D — Resolution No. 2014-836: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ENGAGEMENT OF C & I CONSTRUCTION AND DESIGN INC. TO SUPPLY AND INSTALL A WASTEWATER INFLUENT GRINDER UNIT AT SEWER PUMPING STATION NUMBER 1 AT A COST OF $25,700.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7F — Resolution No. 2014-838: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING HOMESTEAD CONCRETE AND DRAINAGE, INC. TO PROVIDE CONCRETE REPAIRS AT VARIOUS LOCATIONS WITHIN THE VILLAGE AT A COST OF $13,199.42; APPROVING FUNDING AND AUTHORIZING HOMESTEAD CONCRETE AND DRAINAGE, INC. TO PROVIDE FUTURE CONCRETE REPAIRS AS NEEDED WITHIN THE VILLAGE AT THE SAME UNIT PRICE FOR THE REMAINDER OF THE FISCAL YEAR AT A COST NOT TO EXCEED $15,000.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 2 C7G — Resolution No. 2014-839: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING RE -APPOINTMENT OF VALERIE RENNERT TO SERVE AS SPECIAL MASTER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. REGULAR AGENDA: R5 — Ordinances R5A: The following Ordinance title was read by Mrs. Horvath: 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. Second Reading. Mr. Gonzalez and Susan Trevarthen — Village Attorney, briefly explained the Ordinance. A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve the Ordinance. Mayor Rosenfield opened the public hearing. The following members of the public provided comments: Stanley Tate — 9999 Collins Avenue Dan Holder — 24 Bal Bay Drive Nina Rudolph — 212 Bal Bay Drive There being no additional comments, Mayor Rosenfield closed the public hearing. Mr. Gonzalez responded to comments regarding existing standards for single family homes. Ms. Trevarthen reviewed the maintenance of roofs standard. The Council considered adding the words "is stained" to page 5(b)(3) and page 9(c), to read "becomes discolored, is stained, or is scaling." A motion was offered by Councilwoman Cohen and seconded by Mayor Rosenfield to amend the motion, to add the words "is stained" as discussed. Mr. Gonzalez responded to comments regarding the Business District and screening mechanical equipment. He explained that the Ordinance would not apply retroactively. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 3 The amendment to the motion passed (4-0), with the roll call vote as follows: Assistant Mayor Blachar yes; Councilwoman Cohen yes; Councilman Packer yes; Mayor Rosenfield yes; Councilman Sanz absent. The motion, as amended, passed (4-0), with the roll call vote as follows: Assistant Mayor Blachar yes; Councilwoman Cohen yes; Councilman Packer yes; Mayor Rosenfield yes; Councilman Sanz absent; thus becoming Ordinance No. 2014-574. It was the consensus of the Council for Mr. Gonzalez to look into the possibility of a requirement to screen equipment that was located at ground level. R7 - Resolutions R7A: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING EXECUTION OF AGREEMENTS NECESSARY TO FINALIZE THE VILLAGE'S BUS SHELTER PROJECT AT A TOTAL COST OF $121,595.75; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez explained the item and noted that the only additional items in the future would be for landscaping. He reported that a cost -benefit analysis would be done, to determine if the Village could be reimbursed for the drip issues with the shelters. The following members of the public provided comments: Brian Mulheren — 10245 Collins Avenue Mr. Gonzalez responded to comments regarding the shelter roofs still leaking, when it rained. Peter Kunen, Village Engineer — CAS (Craig A. Smith & Associates), noted that he was aware of the leaking problem. A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve the item, with the condition that payment would be withheld until the leaking problem was corrected. The motion carried (4-0); thus becoming Resolution No. 2014-840. Mr. Gonzalez noted that the landscaping for the shelters would come back, as a separate item. R7B: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE CREATION OF A BUDGET COMMITTEE TO PROVIDE FISCAL REVIEW AND RECOMMENDATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve the Resolution. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 4 No comments were provided by the public. The motion carried (4-0); thus becoming Resolution No. 2014-841. R7C: The Council was provided with a revised Resolution. The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND TRACK STAR INTERNATIONAL, INC. FOR THE PURCHASE OF TRACK STAR AUTOMATED VEHICLE LOCATOR (AVLS) SYSTEM; APPROVING THE EXPENDITURE OF $6,468.00 FOR THE PURCHASE AND INSTALLATION OF AVLS DEVICES FOR VEHICLES IN THE PARKS AND PUBLIC SPACES DEPARTMENT AND PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Chief Mark Overton explained the Resolution. A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to approve the Resolution. The following members of the public provided comments: Stanley Tate — 9999 Collins Avenue Brian Mulheren — 10245 Collins Avenue The motion carried (4-0); thus becoming Resolution No. 2014-842. R7D: The Council was provided with a revised Resolution. The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE EXPENDITURE OF $26,560.00 IN STATE LAW ENFORCEMENT TRUST FUNDS TO PURCHASE SPECIALIZED EQUIPMENT RELATED TO THE IMPLEMENTATION OF A NEW AUTOMATED VEHICLE LOCATOR (AVLS) SYSTEM PROGRAM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve the Resolution. No comments were provided by the public. The motion carried (4-0); thus becoming Resolution No. 2014-843. R9 - New Business and Council Reports: It was the consensus of the Council to take the following item out of order: R9B - Discussion of Letter Received from the Bal Harbour Shops (Requested by Mayor Rosenfield): Mayor Rosenfield explained the letter received requesting for the Bal Harbour Shops to appear on the agenda, to discuss the next steps to Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 5 the Shops' amended application. John Shubin — Attorney (Shubin & Bass) representing the Bal Harbour Shops, discussed review of the item. Mr. Gonzalez discussed the Shops' amended application for expansion. He requested authorization 1.) to have formal conversations with the Shops to gain their visions and 2.) to work out a letter of agreement for the next meeting that stipulated that the Shops would reimburse the Village for hiring experts to review the plans, on the Village's behalf (traffic engineer, market appraisers, economic values, etc.). Mr. Gonzalez and Mr. Weiss will provide a calendar of the process. The Council discussed the Shops paying $100,000.00 to the Village to start with, to pay for the needed surveys. Mr. Gonzalez clarified that the Council would be provided with the agreements, for hiring the experts. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to authorize the Village Attorney and Village Manager 1.) to negotiate and bring back to the Council a pre -development agreement, providing that the Developer will make a deposit to cover out of pocket costs and 2.) to meet with the Applicant to explore other ideas beyond the application that may be involved in the transaction. Matthew Lazenby — Bal Harbour Shops, noted that the Shops was committed to providing the Village with a full cost recovery. The following members of the public provided comments: Ree Kelly Stoppa — 9149 Collins Avenue, Surfside Stanley Tate — 9999 Collins Avenue Stuart Sobel — 271 Bal Cross Drive David Paul — 9801 Collins Avenue Dina Cellini — 211 Bal Cross Drive Brian Mulheren — 10245 Collins Avenue Allen Krieger — 9801 Collins Avenue Mr. Weiss clarified that the current Village Code required the applicant to reimburse the Village for expenses over $3,500, as part of the major site plan process. Mr. Gonzalez discussed Michael Millers (Village Planner) role and having more than one planner review the plans. Mr. Gonzalez will provide a report at each Council meeting, regarding the meetings with the Shops. Mr. Shubin clarified that the plans submitted for review were within the current Shops' boundaries, except for the inclusion of the Church by the Sea property. He noted that the Shops would be open to entertain something beyond that, if the Village wanted to do so in the future. He clarified that the Shops had agreed to provide the Village with the money, per the Code, ahead of time. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 6 Mr. Gonzalez explained the purpose to receive the money ahead of time, in lieu of reimbursement. The Council clarified that the Village (Mr. Gonzalez) would be hiring the experts, not the Shops. Ms. Trevarthen reviewed the Code sections regarding cost recovery, which was also the common practice in other municipalities. The following members of the public provided comments: Hope Calhoun — Attorney (Becker & Poliakoff) representing the Balmoral Condominium Association (9801 Collins Avenue) Neil Alter — 9801 Collins Avenue Beth Berkowitz — 10160 Collins Avenue Mr. Lazenby clarified that the deal had been consummated with the Church by the Sea, but that the Church was co -applicant on the submitted plans. Mr. Shubin clarified that the Church was a co -applicant, because the Church by the Sea was required by Code to consent to the application, since it affected the Church's property. He didn't believe that the deed restrictions affected the ability for the Shops and the Church to have the application. The motion carried (4-0). R9A - Council Appointments to the Budget Committee: The following members were appointed by the Council, to the Budget Committee: Seth E. Salver (appointed by Councilman Packer) Morris Kaplan (appointed by Councilwoman Cohen) Neca Logan (appointed by Assistant Mayor Blachar) Stuart Sobel (appointed by Mayor Rosenfield) Raj Singh (appointed by Councilman Sanz via email) Mr. Weiss briefly explained that the sunshine law and public records law would apply to the Budget Committee members. R9B - Discussion of Letter Received from the Bal Harbour Shops (Requested by Mayor Rosenfield): This item was discussed earlier in the meeting. R9C - Public Comment: The following members of the public provided comments: Dan Holder — 24 Bal Bay Drive Anamarie Kelly Stoppa — 9149 Collins Avenue, Surfside Seth Salver — 10155 Collins Avenue Stanley Tate — 9999 Collins Avenue David Paul — 9801 Collins Avenue Lynne Bloch -Mullen — 10150 Collins Avenue Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 7 Dina Cellini — 211 Bal Cross Drive Brian Mulheren — 10245 Collins Avenue Neil Alter — 9801 Collins Avenue Dina Cellini — 211 Bal Cross Drive Mr. Gonzalez responded to comments regarding permitting issues, with a restaurant/porte- cochere at the Bal Harbour Shops. It was the consensus of the Council for Mr. Gonzalez to see what could be done to penalize or stop the Shops from the construction (restaurant/porte-cochere), until everything was properly permitted. Additionally, for Mr. Gonzalez to review the Building Department and the issue at the Shops. Mr. Gonzalez discussed his meeting with the Shops regarding the permitting process and assured that the issue was being worked through. The Council discussed the possibility of a stop work order. Mr. Weiss clarified that a stop work order would need to be issued by the Building Official. Mr. Gonzalez also discussed remedies for the work the Shops did in excess of the building permit. It was the consensus of the Council for Mr. Gonzalez to provide a report on the status of the issue, at the next Council meeting, and for the Building Official(s) be at the next meeting. The Council discussed the lack of inspectors. The Council discussed the primary concern of the health and safety of the residents. Mr. Weiss requested an executive session on the red light camera case (Kaminsky v. Village of Bal Harbour, American Traffic Solutions, LLC and ATS American Traffic Solutions, Inc.; Case No. 10-36073) regarding the Supreme Court ruling. Mr. Gonzalez discussed the escrow account that had been set up for the cameras. Mr. Weiss discussed the status of the civil rights litigation by a Village Police Officer, which the Florida League of Cities (Village Insurance Company) was now handling. He will provide a report to the Council regarding the amount spent to date, for his firm to monitor the status. The Council could then decide if they would like an execute session to discuss the issue. The following members of the public provided comments: Nina Rudolph — 212 Bal Bay Drive Brian Mulheren — 10245 Collins Avenue Steve Greenberg — 9930 Collins Avenue Stanley Tate — 9999 Collins Avenue Chief Overton will review any red light camera tickets issued for a right on red, at Harbour Way, which was now permitted. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 8 The Council noted that they were aware of the lawsuit (Officer Ray Fernandez), but didn't know the status of it. Mr. Weiss explained the litigation process and communication with the Council. He will check the Village's insurance policy (Florida League of Cities) for the amount that the Village would be covered for the litigation. R10 - Village Manager Report: R10A - Presentation of Comprehensive Annual Financial Report - Michael Fuderman, Marcum LLP: This item was presented earlier in the meeting. R1OB - 2014 Assessment Roll Estimate: Mr. Gonzalez reported that the estimate was provided in the agenda, as an informative item, and no action was needed. R10C - July 4th Fireworks Display Update: Chief Overton reported on the upcoming fireworks, scheduled for July 4th at 9:00 p.m. R10D - Discussion of Village Boards/Committees: Mr. Gonzalez reviewed the recommendations for a general standards ordinance, as well as recommended changes to the Architectural Review Board, Gated Residential Section Advisory Committee, and Resort Tax Committee. Mr. Gonzalez discussed the Gated Residential Section Advisory Committee and explained that until there was a homeowner's association with power, which he believed required 100% approval, the Village would still set the assessment. The following members of the public provided comments: Anamarie Kelly Stoppa — 9149 Collins Avenue, Surfside Nina Rudolph — 212 Bal Bay Drive Seth Salver — 10155 Collins Avenue Stanley Tate — 9999 Collins Avenue Dan Holder — 24 Bal Bay Drive Dina Cellini — 211 Bal Cross Drive Doug Rudolph — 212 Bal Bay Drive The Council discussed members participating via phone, etc., designating alternates, and removal after three absences. Mr. Gonzalez discussed the idea for members of the gated area community to meet informally, without having the Council -appointed Committee. He clarified that the Village would still manage the contracts and seek input, on the security and landscape assessment. It was the consensus of the Council to proceed with the recommended changes, as outlined in the agenda, with the following additional comments: approval is needed by the majority of the Council for a person to serve on more than one committee, committees will self-select the Chair, one of the five members of the Architectural Review Board shall be a layperson from the Village that can read architectural plans, and the Village will work towards abolishing the current Gated Residential Section Advisory Committee. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 9 Mr. Gonzalez noted that the Village would not abandon its role, until the gated area community achieved its desired goal. Mayor Rosenfield recused herself from the next item and left the meeting, since she lived at the Bal Harbour 101 building., Assistant Mayor Blachar served as the Chair. C7C: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING REIMBURSEMENT TO THE BAL HARBOUR 101 CONDOMINIUM ASSOCIATION FOR THE LANDSCAPE AND IRRIGATION RESTORATION TO THE RIGHT A WAY ADJACENT TO 10155 COLLINS AVENUE AT A COST OF $ 3,508.45; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve the Resolution. The following members of the public provided comments: Dina Cellini — 211 Bal Cross Drive Mr. Gonzalez discussed the unknown privately owned sewer lateral that was referred to in the summary. He reported that an assessment was being done, to locate any other unknown laterals. The motion carried (3-0), with Mayor Rosenfield recused; thus becoming Resolution No. 2014- 835. Mayor Rosenfield returned to the meeting and served as Chair. C7E: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ENGAGEMENT OF THE BRICKMAN GROUP, LTD. TO SUPPLY AND INSTALL ONE REPLACEMENT PHOENIX DACTYLIFERA "ZAHIDI" DATE PALM ADJACENT TO 10240 COLLINS AVENUE AT A COST OF $10,925.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. The following members of the public provided comments: Brian Mulheren — 10245 Collins Avenue Mr. Gonzalez will review the Brickman contract, with regards to the removal of the dates. A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve the Resolution. The motion carried (4-0); thus becoming Resolution No. 2014-837. 1 Mayor Rosenfield completed the attached Form 8B. Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 IO The Council discussed moving the public comment section to the end of the meeting. It was the consensus of the Council for Mr. Gonzalez to look into new chairs, for the Council dais. R11 - Village Clerk Report: R11A - Lobbyist Registration Report — As of June 17, 2014: The report was provided in the agenda. Hope Calhoun (Attorney — Becker & Poliakoff) — representing Balmoral Condominium Association, Inc. registered as a lobbyist, prior to the Council meeting. R12 - Village Attorney Report: Mr. Weiss requested an executive session earlier in the meeting. ADJOURN: There being no further business, a motion was offered by Councilman Packer and seconded by Councilwoman Cohen to adjourn. The motion carried (4- 0) and the meeting was adjourned at 11:23 p.m. Attest: Ellisa L. Horvath, MM f illage Clerk Bal Harbour Village Regular Council Meeting Minutes 06/17/2014 11