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2015-02-17 Regular Meeting
BAL HARBOUR COUNCIL MEETING MINUTES REGULAR MEETING - FEBRUARY 17, 2015 The Regular Meeting of the Bal Harbour Village Council was held on February 17, 2015, at the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida). CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:05 p.m. by Mayor Packer. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Absent: Councilman Jaime M. Sanz Also Present: Jorge M. Gonzalez, Village Manager Dolores M. Mejia, Interim Village Clerk Richard Jay Weiss, Village Attorney PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Packer. Mayor Packer asked for a moment of silence. REQUEST FOR ADDITIONS/WITHDRAWALS/REFERRALS: None. PRESENTATIONS &AWARDS: PA1 Presentation on FASHION PROJECT, a new cultural space in the Bal Harbour Shops Mr. Gonzalez introduced the item. Cathy Leff began the presentation. The Mayor thanked Ms. Leff for her time, and asked that if more time was required for the presentation that it be heard with the Bal Harbour Shops items. CONSENT AGENDA Motion was offered by Mayor Packer and seconded by Councilman Salver to approve the remaining items on the Consent Agenda. The motion carried (4-0; Sanz absent); thus approving the following items: Bal Harbour Village Regular Council Meeting Minutes 2.17.15 1iPage AGENDA ITEM C6A C6 - COUNCIL MINUTES C6A Regular Council Meeting — January 13, 2015 C7 — RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A MUTUAL AID AGREEMENT BETWEEN THE VILLAGE AND THE CITY OF HIALEAH, FLORIDA FOR THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BETWEEN THE VILLAGE AND THE CITY OF HIALEAH; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO MUTUAL AID AGREEMENTS FOR THE PROVISION OF POLICE ASSISTANCE WITH MUNICIPALITIES AND LAW ENFORCEMENT AGENCIES WITHIN MIAMI DADE COUNTY; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND STANDARDS & ASSOCIATES, INC. FOR THE CREATION AND ADMINISTRATION OF THE BAL HARBOUR POLICE DEPARTMENT'S SERGEANT PROMOTIONAL EXAMINATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE DONATION OF $5,000.00 OF LAW ENFORCEMENT TRUST FUNDS TO "DO THE RIGHT THING OF MIAMI, INC."; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. REGULAR AGENDA R5 — ORDINANCES The following Ordinance Title was read by Ms. Mejia: R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 5-5 "DOGS PROHIBITED IN PARKS, ON BEACHES; DOGS RUNNING AT LARGE; CANINE EXCREMENT" OF CHAPTER 5 "ANIMALS" AND SECTION 10-31 "PROHIBITED ACTS" OF ARTICLE II "USE OF PUBLIC BEACHES" OF CHAPTER 10 "MARINE STRUCTURES, ACTIVITIES AND WAYS" OF THE VILLAGE CODE OF ORDINANCES, TO PERMIT DOGS ON VILLAGE BEACHES ON A TRIAL BASIS SUBJECT TO Bal Harbour Village Regular Council Meeting Minutes 2.17.15 21Page CERTAIN LOCATION AND TIME RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Mr. Gonzalez introduced the item, and explained the provisions included in the ordinance per the Council's request. He explained that a sunset provision was included, and therefore, if the Council did not want to continue the program upon the end of the pilot period, they would not be required to take any additional action. In addition, Mr. Gonzalez asked for policy direction on any provisions, such as hours, days, etc., that the Council wanted to see implemented as part of the pilot, and recommended that these be determined administratively and not as part of the ordinance. Mayor Packer opened the discussion to the Council. A motion was offered by Councilman Groisman and seconded by Assistant Mayor Cohen to approve the ordinance on First Reading. Assistant Mayor Cohen requested that public comment be allowed prior to Council discussion. Steven Norris (10175 Collins Avenue) spoke. David Gil (10175 Collins Avenue) spoke. Dan Holder (24 Bal Bay Drive) spoke. Buzzy Sklar (10275 Collins Avenue) spoke. Dr. Michael Bloom (251 Bal Bay Drive) spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Claire Hausman (1120 99th Street) spoke. Ivette Perez (90 Park Drive, Apt. 1) spoke. Mayor Packer asked for a show of hands how many members of the public were in favor of the ordinance, and how many were against that still had not spoken. Christopher Taplin (10275 Collins Avenue) spoke. Mayor Packer opened the discussion to the Council. Assistant Mayor Cohen stated that most top-notch hotels are now dog -friendly, and it can be considered an amenity and selling point for the hotels to allow dogs to walk on the service/hard pack road. She stated that she had received emails in support for this issue, and those can be distributed to the rest of the Council if they would like to see them. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 3IPage Councilman Groisman asked the Village Manager and Village Attorney about the fine schedule. Councilman Groisman stated that he did not feel that it makes sense to establish a timeframe for hours because it makes the ordinance difficult to enforce. He also asked that signs be installed. A motion was offered by Councilman Groisman to fill in the blank in the ordinance to include a period of 12 months for the trial and for the hours to be stricken and remain silent. Mr. Gonzalez stated that staff will install pooper scooper stations along the path, as well as install signage to ensure success of the program. The motion was seconded by Councilman Salver. Roll Call Vote on motion to approve the ordinance on First Reading: Yes No Assistant Mayor Patricia Cohen x Councilman Gabriel Groisman x Councilman Seth E. Salver x — Councilman Jaime M. Sanz Absent Mayor Martin Packer x A motion was offered by Assistant Mayor Cohen to fill in the blanks as stated by Councilman Groisman and seconded by Councilman Groisman. Roll Call Vote: Yes No Councilman Gabriel Groisman x Councilman Seth E. Salver x Councilman Jaime M. Sanz Absent Mayor Martin Packer x Assistant Mayor Patricia Cohen x Mayor Packer called item R9E. R9E Discussion Regarding Architectural Review Board Submittal for Landscaping at 200 Bal Bay Drive (Marina) Mr. Gonzalez introduced the item, and stated that this item was included in the interest to inform the Council on things happening throughout the Village. He explained that this application had been received by the Building Department from Flamingo Way Enterprises requesting approval to install a five foot hedge in the perimeter of the marina. Recognizing the importance of that property and understanding the impact of this property on the community as a whole, the item was brought forth in order for the Council to weigh in on any actions the Council would like to. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 41Page Mr. Weiss explained that this item was in front of the Council to react to something that is happening in the community. Councilman Groisman spoke, and asked that this item be removed from the Architectural Review Board agenda for March 6, 2015, as the Village Code requires this approval to be made at the Council level. Councilman Groisman stated that he does not believe Flamingo Way Enterprises has the standing to make this request, as it is a for -profit entity, and the marina is in the private club district, and is not to be run as a business or a commercial facility. The Village Manager and the Village Attorney need to look into this, and determine if it is legal and appropriate to have this application come before the Council. Even it is determined that it is legal and appropriate, the Village Code requires that 40% greenspace at this property. A motion was offered by Councilman Groisman and seconded by Mayor Packer for the Village Attorney and Village Manager to conduct a full analysis of the legality of the operation at the Marina. If it is deemed not to be legal, then it should be brought back to the Council and the Village should initiate actions, such as code enforcement and prohibiting the use of the Marina as a for -profit operation. If it is deemed to be legal, then the application should be brought to the Council for action, not the Architectural Review Board. Mr. Cortinas spoke on behalf of Flamingo Way Enterprises. Councilman Groisman spoke. Mr. Cortinas spoke. Mr. Gonzalez spoke, and .clarified that the item is on the agenda at his discretion... Councilman Salver asked to hear from Mr. Weiss. Mr. Weiss stated that they will give the Council a full report, and stated that he was not prepared to debate legal arguments at this point. Mayor Packer asked that the motion be read. Ms. Mejia read the motion. Mr. Gonzalez clarified the motion. Councilman Groisman read correspondence from Bal Harbour resident Jose Biton. Tony Imbesi (175 Camden Drive) spoke. Councilman Groisman spoke. Tony Imbesi (175 Camden Drive) spoke. Councilman Groisman spoke. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 51Page Tony Imbesi (175 Camden Drive) spoke. Abe Sher (174 Park Drive) spoke. Dan Holder (24 Bal Bay Drive) spoke. Dina Cellini (211 Bal Cross Drive) spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Joe Imbesi (1675 Lanes End Road) spoke. Raj Singh (53 Camden Drive) spoke. Assistant Mayor Cohen spoke, and stated she agrees with some of the residents comments. She saluted Councilman Groisman for taking the actions he is taking, and will not accept personal attacks. Vote (4-0; Sanz absent). The Mayor called item R5A. The following Ordinance Title was read by Ms. Mejia: R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA CREATING DIVISION 4 "VILLAGE MANAGER" OF ARTICLE IV "OFFICERS AND EMPLOYEES" OF CHAPTER 2 "ADMINISTRATION" OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES TO ESTABLISH THE PURCHASING AUTHORITY OF THE VILLAGE MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. First Reading Mr. Gonzalez introduced the item, and stated that the only change from the January discussion was the purchasing threshold to be set at $20,000 for Council consideration. A motion was offered by Mayor Packer and seconded by Councilman Salver to approved the ordinance on First Reading, and set the Village Manager's Authority at $20,000. Roll Call Vote: Yes No Assistant Mayor Patricia Cohen x Councilman Gabriel Groisman x Councilman Seth E. Salver x Councilman Jaime M. Sanz Absent Mayor Martin Packer x Bal Harbour Village Regular Council Meeting Minutes 2.17.15 61Page Vote: (4-0); Sanz absent. The Mayor called item R7A. R7 — RESOLUTIONS The following Resolution Title was read by Ms. Mejia: R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A SEWER AND SAND AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND CONSULTATIO BAL HARBOUR LLC., ENUMERATING THE OBLIGATIONS OF CONSULTATIO BAL HARBOUR, LLC. TO CONTRIBUTE TO THE IMPROVEMENT OF THE VILLAGE SEWER SYSTEM, THE RESTORATION OF THE VILLAGE BEACH, AND TO THE GENERAL WELFARE OF THE VILLAGE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item, and explained that the items relates to the development agreement entered into by the Village in 2013. When the developers came to the Village for a capacity letter from the Village, he reviewed the development's impact on the Village's infrastructure. After much negotiation, he was able to identify a Phase 1 as part of the Masterplan, which will address the development's impact on the system, as well as from a timing perspective, ensured that it could be completed in time for their certificate of occupancy. Through the negotiation, Mr. Gonzalez was able to secure additional funds in the amount of $950,000 from the developer. These funds were outside of the original development agreement, and are their proportional share of the project, based on the impact of their development to the Village's sewer system. In addition, the Village was able to extract an additional concession, which will provide the Village with a beach renourishment project without utilizing the sand excavated from their site. The sand for this project will be purchased and tested to ensure safety. Mr. Gonzalez thanked Mr. Weiss and his office for their assistance. A motion was offered by Mayor Packer and second Salver to approve the resolution. Councilman Salver spoke, and commended the Village Manager for his work on this agreement. He appreciates that Mr. Gonzalez is addressing something that the Village did not see coming, and that he is placing the Village in a better position. Councilman Groisman agreed with the comments. Assistant Mayor Cohen spoke. Mayor Packer spoke. Assistant Mayor Cohen spoke. Mayor Packer recommended that the property in front of the gate, and possible for the Legal Department and acquire this piece of land for the Village. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 71Page Councilman Groisman spoke, and asked whether the cost of the police officer and flag man be borne by the developer. Mr. Gonzalez explained that the cost was factored into the Vote (4-0; Sanz absent). A motion was offered by Mayor Packer to direct the Village Attorney to look into acquiring the land in front of the Guard gate for the Village and seconded by Councilman Groisman. Vote: (4-0; Sanz absent). The following Resolution Title was read by Ms. Mejia: R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PROJECT ENGINEERING AGREEMENT WITH CRAIG A. SMITH AND ASSOCIATES, INC. FOR THE PREPARATION OF ENGINEERING ANALYSIS, DESIGN, PERMITTING AND SPECIFICATIONS FOR THE REMOVAL AND ENHANCED REPLACEMENT OF THE EXISTING GRAVITY SEWER SYSTEM ALONG HARBOUR WAY FROM COLLINS AVE TO THE EXISTING SEWER PUMP STATION NUMBER ONE IN THE AMOUNT OF TWO HUNDRED NINETY NINE THOUSAND TWO HUNDRED EIGHTY FOUR DOLLARS, $299,284.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Salver and seconded by Mayor Packer to approve the resolution. Mr. Gonzalez introduced the item, and stated that it is related to R7A. Craig Smith & Associates is the engineer of record Councilman Groisman spoke. He asked that Tasks 7 and 8 be taken out of the contract because we are unsure what the exact scope of the work is going to be. A motion was offered by Councilman Groisman to accept the proposal and strike Tasks 7 & 8 of the contract. Mr. Gonzalez spoke. Motion was offered by Councilman Groisman to accept the resolution and strike Tasks 7 and the Additional Design Service Section on pages 9 and 10 of the proposal, and any corresponding language in the agreement and resolution and seconded by Salver. Councilman Salver spoke. Mr. Weiss spoke. Vote: (4-0); Sanz absent. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 81Page The following Resolution Title was read by Ms. Mejia: R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, AMENDING THE FISCAL YEAR 2014-15 BUDGET; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR AMENDMENTS; PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Cohen and seconded by Councilman Salver to approve the resolution. Mr. Gonzalez introduced the item. The Village closed the Fiscal Year without any mid -year budget amendments and with a net positive outcome of over $2 million dollars. He stated that this was the time to establish a fund for future capital projects. He stated that most of the departments managed their budgets well. Mayor Packer spoke, and stated this was Al work. Councilman Groisman spoke, and suggested that the Village put aside $1.1 million dollars for the sewer improvement project. The remainder of the money should be turned over to the Budget Committee for them to determine the allocation. Mr. Gonzalez spoke, and explained that the sewer project is in a different funding area. The funds being discussed were predominantly property taxes, which are not typically used for capital projects. He stated that the Village had secured $600,000 to $650,000 secured during the Legislative Session in Tallahassee last year for the sewer project. He explained that utilities monies are used for utilities. Councilman Groisman spoke. Mr. Gonzalez spoke. Councilman Groisman spoke. Mr. Weiss spoke. Councilman Groisman spoke. Chief Overton spoke. Vote: (4-0); Sanz absent. Mayor Packer complimented the staff, and who have kept everything under control. Few cities come up with surplus, and they deserve a round of applause. The following Resolution Title was read by Ms. Mejia: Bal Harbour Village Regular Council Meeting Minutes 2.17.15 91Page R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE CERTIFIED ANNUAL FINANCIAL REPORT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Salver and seconded by Assistant Mayor Cohen to approve the resolution. Mr. Gonzalez introduced the item. Michael Futterman (Marcum) made a presentation. Mayor Packer spoke. Mr. Gonzalez spoke. Mr. Futterman continued with his presentation. Councilman Groisman thanked Mr. Futterman. Mr. Futterman thanked Mr. Gonzalez, staff and Amber Rivere, and the finance staff. Mr. Gonzalez thanked Ms. Rivere for all of her work. Vote: (4-0); Sanz absent. Mayor Packer called item R9A. R9 — NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Regarding the Reaching Out to Army Corp of Engineers to Seek Approval to Improve Jetty's Appearance (Councilman Gabriel Groisman) Councilman Groisman introduced his discussion item. Mayor Packer spoke. Councilman Salver spoke, and asked that the South Pointe Pier be used as inspiration. Assistant Mayor Cohen stated this was an opportunity to do something iconic at the Jetty. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 101Page R9B Discussion Regarding Amending the Legislative Agenda to Include an Item Related to Protect Condo Owners from being Forced to Sell Their Homes by Bulk Buyers (Assistant Mayor Patricia Cohen) Assistant Mayor Cohen would like to defer the item R9B to next meeting in order to have Ron Book explain at Council, and place it at the beginning of the agenda. Mr. Gonzalez spoke. Councilman Groisman spoke, and stated that this is an important issue that impacts many residents in this community, and he supported placing this on the agenda during the next legislative session. Brian Mulhearn (10245 Collins Avenue) spoke. Councilman Groisman spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Councilman Groisman spoke. Assistant Mayor Cohen spoke. A motion was offered by Assistant Mayor Cohen and seconded by Councilman Salver to amend the legislative agenda to include protecting condominium owners from being forced to sell their homes to bulk buyers. Vote: (3-1); Groisman. Sanz absent. R9C Discussion Regarding the Lighting on Collins Avenue (Mayor Martin Packer) Mayor Packer stated he felt he addressed this issue earlier in the meeting, as he would like an RFP to be put out for uplighting on Collins Avenue. Councilman Salver inquired as to the status of the Collins Corridor Project that was funded through the Fiscal Year 2015 budget. Mr. Gonzalez spoke, and provided an update on the status of this project. Reserve monies from Resort Tax to improve the lighting ($85,000) was included in the budget. The Collins Corridor Project is grander in scope, and hope to address the immediate needs expressed by the community. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 111Page R9D Regarding Changing the March Council Meeting Date (Councilman Gabriel Groisman) Councilman Groisman stated that in March 17t" he will be at a location that has a 14 hour time difference. He stated that he would like to move the meeting back 1 week (March 10). Mr. Gonzalez asked that the Council also consider a Workshop and Committee of the Whole style meeting on March 2, 2015. This date was agreed to by the Council. A motion was offered by Councilman Groisman and seconded by Councilman Salver set March 24t' as the Regular Council Meeting for March. Vote: (4-0); Sanz absent. R9F Discussion Regarding the Solicitation for a Professional Recreation Services Company to Provide Recreation Service Delivery to the Village (Parks & Public Spaces Department) Mr. Gonzalez introduced the item. Assistant Mayor Cohen spoke. Mr. Gonzalez spoke. Councilman Salver spoke. Dan Holder (24 Bal Bay Drive) spoke. R1— SPECIAL PROJECTS/INITIATIVES R1A Verbal Report on Bal Harbour Shops Expansion Project Mr. Gonzalez spoke, and provided a summary of the February 2 Council Workshop. Councilman Groisman spoke. Mayor Packer spoke, and shared his observations from President's Day Weekend and the traffic impacts. Assistant Mayor Cohen spoke, and stated that this is the same issues that have been brought up previously. Matthew Lazenby (Bal Harbour Shops, 9700 Collins Avenue) spoke, and stated that they do their best to monitor traffic flows, and work jointly with the BHPD to address traffic impacts. He will definitely look into placing cashiers at the ticket machines. Mr. Lazenby gave his assurance that he will address the ticketing situation. Mayor Packer asked that the block the box be addressed, even if need to hire off duty police. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 12IPage Councilman Salver asked if these would be considered red light camera violations. Councilman Groisman asked what the status is of the signalization changes based on the ATEC study. Chief Overton stated that he spoke to Chief Allen, and that Chief Allen had presented it to the Council, and no action was taken. The suggestion was that the developers along the corridor in Surfside to pay for the recommendations. Councilman Groisman asked for an expression of sentiment from the Council that he attend the Surfside Council meeting and express that they should implement the ATEC signalization recommendations. Council agreed by acclamation. Ms. Melia is to advise the Council of the next Surfside meeting date, and notice if necessary. Mr. Gonzalez summarized that the Council would meet on March 2nd at 7 pm in Council Chambers. R1A2 Revisit Engaging a Property Appraiser to Conduct Market Value Appraisal Mr. Gonzalez introduced the item, and explained that the market appraiser was not previously approved. He explained that the Village should have its own appraisal of the properties, as we enter any negotiations. The firm being engaged is Waronker and Associates, and the cost of the service will be billed to the cost recovery .account for the project. Councilman Groisman asked if the Shops expressed any interest in negotiating with these properties. Mr. Gonzalez stated that the Shops have expressed a willingness to negotiate with these properties. Assistant Mayor Cohen spoke. A motion was offered by Councilman Groisman and seconded by Councilman Salver to approve the engagement of Waronker and Associates for the market value appraisal services related to the Bal Harbour Shops Expansion Project. Vote: (4-0); Sanz absent. R1A3 Historic Designation Process Mr. Weiss introduced the item, and introduced Mr. Matthew Pearl to make the presentation. Mr. Pearl explained that the Village did not opt -in to create its Historic Preservation Board, and is therefore, subject to the County's Historic Preservation Board (HPB). The County's Board reviews 6 criteria, and can be petitioned in 3 different ways — (1) initiated by the property owner; (2) initiated by the staff of the Historic Preservation Board; and (3) the Board can independently direct its staff. Mr. Weiss spoke. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 131Page Assistant Mayor Cohen spoke, and explained that she is one of three owners who petitioned designating the building where she owns a unit in Surfside, and that the HPB staff is now working with the developer now. R1 A4 Variance vs. Text Amendments Mr. Weiss introduced the item, and explained that this issue was explained at the Workshop by Village Attorney Susan Trevarthen as part of the presentation, and that all the opinions are posted on the Village's website for the public to view at their leisure. R1 A5 Deed Analysis Mr. Weiss introduced the item, and introduced Ms. Gail Serota to present the analysis. (Power Point attached). Councilman Groisman spoke, and asked if the rights of the surviving director had included settling the rights of the corporation. Ms. Serota spoke: Councilman Groisman spoke. Ms. Serota spoke. Mayor Packer asked if Mr. Stanley Whitman owns the land where the Church is. Ms. Serota explained that no, but that he had the right to enforce or decide the deed restrictions on that property. Mr. Weiss stated that Mr. Whitman holds the rights to enforce or change the deed restrictions. Beth Berkowitz (10160 Collins Avenue) spoke. Mr. Weiss spoke. Beth Berkowitz (10160 Collins Avenue) spoke. Mr. Weiss explained that this is an issue that would not be resolved here today. They have issued an opinion, which Ms. Serota presented. Assistant Mayor Cohen spoke. Mr. Weiss spoke. Lynn Block Mullen (10150 Collins Avenue) spoke. Mark Fisher (284 Bal Bay Drive) spoke. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 14IPage Mr. Gonzalez spoke. Mark Fisher (284 Bal Bay Drive) spoke. Dina Cellini (211 Bal Cross Drive) spoke. Ms. Serota spoke. The following Ordinance Title was read by Ms. Mejia: R5B JOINT ITEM — R7E AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 11-29 "VIOLATIONS OF ARTICLE" AND SECTION 11-31 "CERTAIN NOISES RESTRICTED TO SPECIFIED HOURS" OF ARTICLE II "NOISE" OF CHAPTER 11 "NUISANCES" OF THE VILLAGE CODE OF ORDINANCES, TO AMEND THE EXISTING CRITERIA AND CREATE A PROCEDURE FOR APPROVAL OF CERTAIN RESTRICTED NOISES OUTSIDE OF SPECIFIED HOURS IN THE B BUSINESS DISTRICT UPON WRITTEN CONSENT OF THE VILLAGE MANAGER OR HIS OR HER DESIGNEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading Public Hearing R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HAROUR VILLAGE, FLORIDA, AMENDING THE CONSOLIDATED SCHEDULE OF FEES IMPOSED BY THE VILLAGE FOR THE PROVISION OF SERVICES; PROVIDING FOR CONFLICT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Groisman and seconded by Assistant Mayor Cohen to approve the ordinance on Second Reading. Mr. Gonzalez introduced the item and explained the changes between first and second reading. Councilman Groisman spoke. Assistant Mayor Cohen spoke. Councilman Groisman spoke. Assistant Mayor Cohen spoke. Mr. Weiss spoke, and explained that the Manager would only be able to grant interior work, and not any work on the exterior. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 15IPa ge Amy Huber (Shubin and Bass) representing the Bal Harbour Shops spoke, and explained that asking for a change back to primarily, so that can pursue the work with the Manager's approval, understanding that these would be exceptions. • Requesting changes to e(1) to change back to primarily; • Ask that the definition of interior be changed to a "I" instead of an "i"; and • Instead a using "structure," use "development site." Councilman Groisman spoke. Ms. Huber spoke. Mr. Gonzalez spoke. Ms. Huber spoke. Councilman Groisman spoke. Ms. Huber spoke. Mr. Gonzalez spoke. Mr. Weiss spoke, and asked that the Council to give direction to re -draft the language, instead of making changes on the floor. Mr. Gonzalez spoke. A motion was offered by Councilman Groisman to adopt the ordinance on Second Reading as drafted with one amendment to change the definition of interior to capital Mr. Weiss spoke. Ms. Huber spoke. Councilman Groisman spoke. A motion was offered by Councilman Groisman and seconded by Assistant Mayor Cohen to adopt the ordinance on Second Reading as drafted with one amendment to section 11-31 to change the definition of interior to capital I, and structure to development site. Dina Cellini (211 Bal Cross Drive) spoke. Mr. Gonzalez spoke. Dina Cellini (211 Bal Cross Drive) spoke. Mr. Gonzalez spoke. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 16 1 P a g e Councilman Groisman spoke. Dina Cellini (211 Bal Cross Drive) spoke. Mr. Gonzalez spoke. Dina Cellini (211 Bal Cross Drive) spoke. Mr. Gonzalez spoke. Matthew Lazenby (Bal Harbour Shops) spoke. Mr. Weiss asked that the Council send the ordinance back for review, and Second Reading should be continued. Councilman Groisman withdrew his motion. A motion was offered and seconded by Assistant Mayor Cohen to continue the public hearing until the next Council Meeting. Dan Holder (24 Bal Bay Drive) spoke. Assistant Mayor Cohen spoke. Dan Holder (24 Bal Bay Drive) spoke. Vote: (4-0); Sanz absent. Mr. Weiss spoke, and advised that he spoke to Councilman Sanz, and relayed to the Council that Councilman Sanz would like the Shops items be heard at the end of the meeting. Mayor Packer spoke, and stated that he agreed, and going forward the Shops related items will be heard at the end of the meeting. A motion was offered by Mayor Packer to take Shops related items at the end of the meeting. Assistant Mayor Cohen spoke, and stated that she has also heard that residents would like to be part of the discussions and do not want to wait until the end of the meeting for these items. Councilman Groisman shares Assistant Mayor Cohen's sentiments, since he has heard the same comments from the community. Mayor Packer spoke. Ms. Huber spoke. Councilman Groisman spoke. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 171Page Assistant Mayor Cohen spoke. Councilman Salver spoke. Mayor Packer spoke. Dina Cellini (211 Bal Cross Drive) spoke. Assistant Mayor Cohen spoke. Councilman Salver spoke, and stated that he would like the Chair to have discretion as to when items will be taken during the meeting. Mayor Packer spoke, and stated that he would try to keep all Shops items at the beginning, and change it, if other items come up of more importance, then will take them up. Mr. Gonzalez spoke. Councilman Groisman spoke. Mayor Packer spoke, and stated that he will work with the Manager when the agenda is being developed. The Shops items will be first, unless something else comes up. Once the agenda is finalized, it will be decided what order the items are taken. Assistant Mayor Cohen spoke, and asked if they could allow to take public comment at the beginning of the meeting. Mr. Weiss spoke. Mr. Gonzalez spoke. Assistant Mayor Cohen spoke. Councilman Groisman spoke. R10 — VILLAGE MANAGER REPORT R10A Update on Sand Bypass Project by Coastal Systems International A presentation was made by Coastal Systems International representative, Tim Blakenship. Mayor Packer asked for timeline of completion. Mr. Blakenship spoke. Mayor Packer stated that he would like to see when they will see actual results. Mr. Blakenship explained the permitting will take 2 years, and are on schedule. Bal Harbour Village Regular Council Meeting Minutes 2.17.15 18iPage Mayor Packer spoke. Consultant explained that they are permitting the Jetty Extension currently, and it is a joint project with Miami -Dade County. He also explained that the Florida Department of Environmental Protection (FL DEP) will fund 75% of design and permitting, and the remainder of the cost will be funded through a grant secured by the Village. Councilman Salver spoke. Mayor Packer thanked Coastal. Raj Singh (53 Camden Drive) spoke. Mr. Blakenship spoke. R9G Public Comment Penny Sepler (10275 Collins Avenue) spoke. Chief Overton spoke. Mayor Packer stated that they attended the Art Program, and it was well done. Assistant Mayor Cohen asked where the chairs were. Mayor Packer asked that the Council submit their names of finalists for Village Clerk. Dina Cellini (24 Bal Cross Drive) spoke. ADJOURN: There being no further business, motion was offered by Councilman Groisman and seconded by Mayor Packer to adjourn. Vote: (4-0); Sanz absent. OUR p. 446 SEAL jai Attest: Dolores M. Mejia, Interim Village C Bal Harbour Village Regular Council Meeting Minutes 2.17.15 191Page m I- 0 au Zn IA O 411 uid. 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