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HomeMy Public PortalAbout2015-03-24 Regular MeetingBAL HARBOUR COUNCIL MEETING MINUTES REGULAR MEETING - MARCH 24, 2015 The Regular Meeting of the Bal Harbour Village Council was held on March 24, 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 7:18 p.m. by Mayor Packer. The following were present: Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Absent: Mayor Martin Packer 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 Perla Salver. REQUEST FOR ADDITIONSNVITHDRAWALS/REFERRALS: A motion was offered by Councilman Sanz to withdraw item R9A and R913, and defer item R9B (Redistricting) to the next Council meeting. A motion was offered by Councilman Sanz and seconded by Councilman Groisman to remove the redistricting item from the agenda. The motion carried (4-0); Mayor Packer was absent. Assistant Mayor Cohen stated that all Bal Harbour Shops Expansion Project and related items would be taken at the end of the meeting. PRESENTATIONS AND AWARDS PA1 Presentation by Fairchild Tropical Garden — Leslie Bowe Mr. Bowe stated that he was asked by Councilman Sanz to attend the meeting, and talk about a program the Garden implemented during the art season. As part of the Chihuly exhibit, the Garden is offering local cities a City Night. He stated he encouraged Bal Harbour Village to have a night. The Garden is able to host between 100 to 150 guests, and it would include a private tour, wine and cheese. Mr. Bowe stated he hope this would be the beginning of a partnership between the Village and the Garden, and hopes the Garden can offer other opportunities for the residents. Dr. Krop spoke. Penny Sepler (10275 Collins Avenue) spoke. Mr. Bowe spoke about the Garden's Million Orchid Project AGENDA ITEM 0i6%i Dina Ceilini (211 Bal Cross Drive) spoke. PA2 Proclamation for Leonard Robinson for his years of service to Bal Harbour Village Assistant Mayor Cohen introduced the item, and called upon John Oldenburg, Parks and Public Spaces Director, to present the proclamation. Mr. Oldenburg thank Mr. Robinson for his service to Bal Harbour, and read the proclamation. Mr. Robinson thanked Mr. Oldenburg, the Village Manager and the Council for the recognition. PA3 Certificates of Recognition for the Bal Harbour Police Department for their Coordination of the Relay for Life 5K Run/Walk Assistant Mayor Cohen introduced the item, and a certificate of appreciation was presented to the Bal Harbour Police Department for their hard work and effort in coordinating the Relay for Life 5K Run/Walk event. Captain De La Rosa accepted the certificate on the Department's behalf. Motion was offered by Councilman Groisman and seconded by Councilman Sanz to approve the remaining items on the Consent Agenda. The motion carried (4-0); Mavor Packer was absent; thus approving the following items: CONSENT AGENDA C6 - COUNCIL MINUTES C6A Regular Council Meeting - February 17, 2015 C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH C & I CONSTRUCTION AND DESIGN INC. TO SUPPLY AND INSTALL UP TO TEN REPLACEMENT FIRE HYDRANTS AS NEEDED AT VARIOUS LOCATIONS WITHIN THE VILLAGE FOR THE AMOUNT OF $39,800.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (Parks & Public Spaces Department) C7B 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 PRODUCTION OF SURVEYS, UTILITY LOCATES, ENGINEERING SERVICES DURING THE DESIGN AND BIDDING ACTIVITIES FOR THE PUMP STATION NUMBER TWO MASTER SEWER METER PROJECT AND ENGINEERING CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF TWENTY SIX THOUSAND TWO HUNDRED FIFTY Bal Harbour Village Regular Council Meeting Agenda - March 24, 201 5 Page 12 DOLLARS, $26,250.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (Parks & Public Spaces Department) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE; FLORIDA; APPROVING AGREEMENTS WITH ENTERPRISE FLEET MANAGEMENT FOR THE LEASE AND MAINTENANCE OF A 2015 JEEP GRAND CHEROKEE AT A COST OF $6,053 ANNUALLY FOR A PERIOD OF FIVE YEARS; A 2015 FORD F-150 AT A'COST OF $5,834 ANNUALLY FOR A PERIOD OF FIVE YEARS; A-2015 GMC SIERRA 1500 AT A COST OF $5,853 ANNUALLY FOR A PERIOD OF FIVE YEARS; A 2015 FORD F-250 AT A COST OF $6,521ANNUALLY FOR A PERIOD _ OF -FIVE YEARS; 'PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. (Parks &Public Spaces Department) C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL- HARBOUR VILLAGE; FLORIDA, APPROVING A LEASE TO OWN AGREEMENT BETWEEN THE VILLAGE AND ALTEC CAPITAL SERVICES TO PROVIDE A 2016 ALTEC TA-50 AT COST OF $36,444.00 ANNUALLY FOR A PERIOD OF 'FIVE YEARS; PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. (Parks & Public Spaces Department) C7E A RESOLUTION OF THE VILLAGE COUNCIL :OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN THE VILLAGE AND PEAR PROGRAMS, LLC. FOR THE PROVISION OF PROFESSIONAL ENTERTAINMENT SERVICES FOR SPRING EGG HUNT ON APRIL 4TH AT A COST OF $4,300.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (Parks & Public Spaces Department) END OF CONSENT AGENDA REGULAR AGENDA R5 -ORDINANCES 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; Bal Harbour Village Regular Council Meeting Agenda - March 24, 2015 Page 13 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading Public Hearing Assistant Mayor Cohen asked for a motion to approve the ordinance. A motion was offered by Councilman Salver and seconded by Councilman Groisman to approve the ordinance. Mr. Gonzalez introduced the item; and explained that the ordinance incorporates the results of the referendum question. The ordinance establishes the purchasing authority for the Village Manager at $20,000. The public hearing was opened, and being there no discussion, the public hearing was closed. Councilman Salver stated he has been speaking to the Village Manager and Amber Rivere (Finance Director) about the level of reporting he is comfortable with. He urged the rest of the Council to do the same. Assistant Mayor Cohen stated that she has spoken to other communities, and said that they feel this would be good for the Village. Roll Call Vote: Yes No Assistant Mayor Patricia Cohen x Councilman Gabriel Groisman x Councilman Seth E. Salver x Councilman Jaime M. Sanz x Mayor Martin Packer Absent The motion carried 14-0); Mayor Packer was absent. The following Ordinance Title was read by Ms. Mejia: R5C AN ORDINANCE OF THE 'VILLAGE COUNCIL 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 CERTAIN LOCATION AND TIME RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading Public Hearing A motion was offered by Councilman Salver and seconded by Councilman Sanz to approve the ordinance. Mr. Gonzalez introduced the item, and stated that this item had appeared before the Council three (3) times, The ordinance establishes a pilot program to allow dogs on the beachwalk. Bal Harbour Village Regular Council Meeting Agenda - March 24, 2015 Page 1 4 The success of the program hinges upon the owner's being responsible, and reminded that dogs must be kept on a leash. Councilman Groisman asked when the signs on the dog stations would be going up. John Oldenburg explained that what is in stock will be up by Wednesday, March 24, 2015. Assistant Mayor Cohen urged residents to encourage each other, and to respect the privilege of walking their dogs on the beachwalk. Kevin Davis (9801 Collins Ave) spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Councilman Salver asked that an information sheet for residents be developed for distribution to the community: Councilman Groisman asked that the implementation date be set for April 1, 2015. Dina Cellini (211 Bal Cross Drive) spoke. Neil Alter (9801 Collins Avenue) spoke. Steve Greenberg (9930 Collins Avenue) spoke. Mr. Gonzalez stated that he will make sure to ask that Code Enforcement information pertinent to the pilot is included in the weekly Police Report provided to the Council David Giller(10175 Collins Avenue) spoke. Roll Call Vote: Yes No Councilman Seth E. Salver x Councilman Jaime M. Sanz x Mayor Martin Packer- Absent Assistant Mayor Patricia Cohen x Councilman Gabriel Groisman x The motion carried (4-0); Mayor Packer was absent. The following Ordinance Title was read by Ms. Mejia: R5D AN ORDINANCE OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE'S COMPREHENSIVE PLAN BY ;ADOPTING AMENDMENTS TO ITS ADOPTED ,10-YEAR WATER SUPPLY FACILITIES WORK PLAN AND TO INCORPORATE RELATED AMENDMENTS TO THE TEXT IN THE POTABLE WATER SUB -ELEMENT OF THE INFRASTRUCTURE ELEMENT, CONSERVATION ELEMENT AND CAPITAL IMPROVEMENT ELEMENT, TO ADDRESS WATER SUPPLY PLANNING PROVISIONS REQUIRED BY FLORIDA STATUES; INCLUDING A PROVISION FOR INCLUSION IN THE VILLAGE'S COMPREHENSIVE PLAN; REPEALING Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 P J e CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. First Reading A motion was offered by Councilman Salver and seconded by Councilman Sanz to accept the recommendation of the Local Planning Agency and approve the ordinance. Mr. Gonzalez clarified the function and composition of the Local Planning Agency. Assistant Mayor Cohen asked the public if they had any comments about the item, and there was no discussion. Roll Call Vote: Yes No Councilman Jaime M.Sanz x ' Mayor Martin Packer Absent Assistant Mayor Patricia Cohen x Councilman Gabriel Groisman x Councilman Seth E. Salver x The motion: carried (4-0). Mayor Packer was absent. 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 PROJECT .ENGINEERING AGREEMENT WITH CRAIG A. SMITH AND ASSOCIATES, INC. FOR THE PRODUCTION OF SURVEYS, UTILITY LOCATES, ENGINEERING SERVICES DURING THE DESIGN AND BIDDING ACTIVITIES FOR THE COLLINS AVENUE SANITARY SECONDARY SYSTEM IMPROVEMENTS PROJECT IN THE AMOUNT OF ONE HUNDRED THIRTY SIX THOUSAND TWO HUNDRED DOLLARS; $136,200.00; PROVIDING FOR -IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Salver and seconded by Councilman Sanz to approve the resolution. Mr. Gonzalez introduced the item, and explained that several months ago a workshop was held on the Utility Masterplan. At the time, issues were raised with the sewer system as well, and it was incorporated into the "Masterplan. The Administration is working with the Village Attorney on some legal issues related to the Masterplan. The item is seeking for approval to have Craig A. Smith conduct engineering work to install a wider pipe. This approval would begin the engineering work, even though the construction is still a ways away. Councilman Salver asked how many more engineering contracts are anticipated to come forward for Council approval, and asked what percentage is considered acceptable. Mr. Gonzalez stated that approximately 10% to 12% is customary. He explained that Craig A. Smith works as the Village's Engineer of Record. He explained that for the Masterplan, he will recommend a procurement method to divide the work in packages, and have two (2) parties to serve as a check and balance. Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 Pan 16 Mr. Gonzalez stated that he does not anticipate any further action to be requested of the Council until it is time to take action on the Masterplan. Councilman Groisman asked Mr. Weiss regarding the term provision for the contract. Mr. Weiss explained that there was a strong termination clause included in the contract. Assistant Mayor asked if there was any discussion from the floor; and no discussion was offered. The motion carried (4-0); Mayor Packer was absent. The following Resolution Title was read by Ms. Mejia: R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH BRICKMAN GROUP HOLDINGS, INC. TO PERFORM VILLAGE WIDE GROUND MAINTENANCE SERVICES ,FOR THE ANNUAL AMOUNT OF $798440,00; AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS FOR ALL ASSOCIATED SERVICES AND PLANT MATERIAL INSTALLATION AS - -DESCRIBED : WITHIN THE , _AGREEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR - AN EFFECTIVE DATE. - A motion was offered by "Councilman Salver and seconded by Councilman Sanz to approve the resolution: Mr. Gonzalez introduced the item, and asked to slightly amend the resolution to have two (2) contracts with identical scope of services and identical terms and conditions. This would allow for the Gated Community to have its own contract, without impacting the villagewide contract. Groisman asked to hear from the Internal Review Committee; and expressed his dissatisfaction with Brickman. He stated he has also heard dissatisfaction from residents in the Gated Community as to Brickman's performance. John Oldenburg explained that this contract would allow the Village to control the work Brickman does, and hold them accountable for their work. Brickman has the experience, quality and approach to provide the service. Councilman Groisman asked about the 2nd bidder, Luke's. John Oldenburg explained that most of the weaknesses by all the bidders, except for Brickman, was the explanation of their approach and methodology. Mr. Gonzalez stated that he has worked with three (3) out of the five (5) bidders, and if Brickman is not satisfactory to the Council, then he would recommend going out to bid again. Assistant Mayor Cohen stated that this contract was much more stringent. Councilman Sanz suggested that the Council postpone action on this item until next month. He stated he is concerned with all of the questions being posed. A motion was offered by Councilman Groisman to defer the item. He stated he would like to bring back the RFP and the agreement to be more explicit on the requirements and on Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 Page 17 the termination provision. In addition, he would like more clarity on the payments and when payments were due. The motion was seconded by Councilman Sanz. The motion carried (4-0); Mayor Packer was absent. The following Resolution Title was read by Ms. Mejia: R7D A -RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING EXTENSION AND EXPANSION OF THE VILLAGE'S MUSEUM ACCESS PROGRAM PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE: A motion was offered by Councilman Salver and seconded by Councilman Sanz to approve the resolution. Mr. Gonzalez introduced the item, and asked Carolyn Travis, Tourism Marketing Director to explain the program: Ms. Carolyn Travis explained that the program allows residents and visitors to visit local museums and exhibits free of charge. The program was discussed at the Resort Tax' Committee; and due to the success of the program, this item looks to expand the program offerings: Assistant Mayor Cohen asked if the public had any comments, and no discussion was offered: The motion carried (4-0); Mayor Packer was absent. Neil Alter (9801 Collins Avenue) spoke. Ms. Travis provided the list of participating museums. Mr. Gonzalez urged that residents take advantage of this program. The following Resolution Title was read by Ms. Mejia: R7E A RESOLUTION OF THE -VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; 10295 COLLINS AVENUE, THE RITZ-CARLTON, CONSISTENT WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Groisman and seconded by Councilman Salver to approve the resolution. Mr. Gonzalez introduced the item, and explained that signs require Village Council approval. He stated that the Ritz Carlton had submitted an application to change the lettering and words on their sign. The Building Department has reviewed it. The Council discussed the inclusion of the Ritz Carlton logo as part of the signage. Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 Page 18 Mr. Gonzalez stated that he would relay to the Ritz Carlton that the Council would be ok with the logo included in the sign, and they would need to decide if they would like to pursue the variance process. Assistant Mayor Cohen asked for public comment. Brian Muihearn (10245 Collins Avenue) spoke. Dina Cellini (211 Bai Cross Drive) spoke. A motion was offered by Councilman,Groisman and seconded by Councilman Salver to approve the resolution, and add the words "approving sign permits for" in the resolution title. The motion carried (4-0); Mayor Packer was absent. The following Resolution Title was read by Ms. Mejia; R7G A -RESOLUTION OF THE -VILLAGE 'COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN ADDENDUM TO THE : AGREEMENT BETWEEN -BAL HARBOUR VILLAGE - AND THE FLORIDA ' DEPARTMENT OF TRANSPORTATION FOR THE LEASE OF A PARKING FACILITY IN ORDER TO IMPLEMENT A REVISED SCHEDULE OF PARKING FEES AND HOURS OF OPERATION; PROVDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Salver and seconded by Councilman Groismanto approve the resolution. Mr. Gonzalez introduced the item, and explained that this item is the modification to the Village's current lease with the Florida Department of Transportation '(FDOT)for the parking area under Haulover Bridge to raise the hourly cost for the meter and establish a special event parking fee. FDOT has requested that the Village amend its lease to incorporate these changes. Councilman Groisman asked about the status of the installation of the new parking pay stations. John Oldenburg stated that doing electrical work and lead time on the new machines with the manufacturer. Councilman Salver asked if the current parking pay stations were inoperable; and Mr. Gonzalez stated that they have been; on and off for a while. Assistant Mayor Cohen asked if there was anything that could be done for surfers. The motion carried (4-0); Mayor Packer was absent. The following Resolution Title was read by Ms. Mejia: R7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HAROUR VILLAGE, FLORIDA, APPROVING A SCHEDULE OF PARKING FEES; PROVIDING FOR CONFLICT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 P a g A motion was offered by Councilman Sanz and seconded by Councilman Salver to approve the resolution. Councilman Salver stated whether there was plan for handling the collection of parking fees during the special event dates. Mr. Gonzalez stated that he did not have a specific plan yet, and would need to determine if it was necessary to have an attendant present during all the dates. Assistant Mayor Cohen asked for public comment, and there was no discussion. The motion carried 14-01; Mayor Packer was absent. R9 = NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Regarding Storm Water System and Recent Flooding Counciiman Sanz stated that his concerns would be addressed by Mr. Gonzalez as part of his report. R9C Discussion Regarding Status of the Quarzo Project Assistant Mayor Cohen stated that she is concerned with 291 Bal Bay Drive, Phased 2 of Quarzo, which seems to be stalled. She stated it was brought it to the attention of the Building Department, and research showed they are keeping up with their permitting. Mr. Gonzalez explained status of permitting for the project. Councilman Groisman asked that the Council direct the Village Attorney to look into to the legalities of the status of Quarzo. Councilman Sanz stated that this project had been grandfathered in as a hotel, and if it had changed to a residential condominium, then this needs to be addressed. Assistant Mayor Cohen asked for public comment. Beth Berkowitz (10160 Collins Avenue) spoke. Brian Muthearn (10245 Collins Avenue) spoke. Neil Alter (9801 Collins Avenue) spoke. Councilman Groisman asked Mr. Gonzalez how the Building Official was doing, and how the relationship stands. Mr. Gonzalez stated that initially he had concerns with the staffing, and that changes had been made to include additional part-time staffing and the assignment of a staffer to the Village, which used to be shared among several municipalities. Mr. Gonzalez explained that the Building Department reports to the Village Manager through a third party contract. Mr. Gonzalez stated he was not ready at this point to address staffing in the Building Department. Neil Alter (9801 Collins Avenue) spoke. Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 P a g e 110 R9D Public Comment Assistant Mayor Cohen asked for any additional public comment, and no further public comment was offered. R10 — VILLAGE MANAGER REPORT R10A Verbal Report on the Village Clerk Recruitment Process Mr. Gonzalez provided an update on the Village Clerk recruitment process, and stated that a summary of candidates as provided by Council. Mr. Gonzalez stated that the next step was to determine which of the six (6) candidates should be invited to interview. Councilman Groisman stated that they should eliminate anyone who was not included by other Council members, which results in four (4) candidates to interview. Assistant Mayor Cohen and Councilman Salver requested that interviews be scheduled after do it after tax season. Councilman "Groisman stated that it made sense for each member of the Council to speak to each candidate individually. Mr: Gonzalez provided a brief report on recent flooding, and "stated that currently working 'on'a $30 million Masterplan to deal with issues with the Village'ssystem.- The Administration has been working with the Village Attorney to determine the legalities related to digging up the streets. Mr. Gonzalez stated there are monies from the County, the State and the Consultatio project for the project. Part of the Masterplan contemplates changing the street elevation and curb structure. Mr. Gonzalez summarized recent Council action on the project, as well as next steps. Councilman Sanz stated that this was an issue prior to him joining the Council ten (10) years ago. He stated that the Council needs to address this. Councilman Groisman asked for the status of DecoBike request. Mr. Gonzalez explained that DecoBike/Citibike has expressed some interest, and that are not interested in a location under the bridge; however, they might be interested in a location along the Jetty. Mr. Gonzalez stated that he will need to follow up with Chief Overton, and get back to the Council as to the latest on this issue. Councilman Groisman asked about the status of reaching out to Army Corps of Engineers for the beautification of Jetty. John Oldenburg stated that he has reached out to the leadership of the Army Corps of Engineers, and they are amendable to improvements as long as structure is not impacted. Mr. Gonzalez stated that he would recommend including the jetty as part of the Collins Corridor project. Councilman Groisman asked about the status of the painting of the bridge. Mr. Oldenburg explained that he had to redo the entire agreement, and should be receiving permit next week. Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 Rag e 111 R11 — VILLAGE CLERK REPORT R11A Lobbyist Registration Report — Report as of March 24, 2015 Ms. Mejia stated that there were three (3) new lobbyist registrations since the Council's February Meeting, and those names were read into the record. R12 — VILLAGE ATTORNEY REPORT R12A Verbal Report from the Village Attorney Mr. Weiss stated that he was asked for follow up ,on two items, and there is a report on the marina related to the installation of the hedge and the operation of the marina. A detailed letter was provided to the Council for the about the hedge issue. Mr. Weiss stated that he had a good report to provide the Council related to the marina operation; however, the Village was served with a lawsuit by the Bal Harbour Marina and FlamingoWay Enterprises. He has requested a declaratory judgement, and therefore, is requesting and an Executive Session to discuss the lawsuit, and issues related to the lawsuit: Mr. Weiss spoke about the park between Collins Ave and the gate, and have come up with a process for the Village to acquire that land. Beth Berkowitz (10160 Collins Avenue) spoke. Dina Cellini (211 Bal Cross Drive) spoke. Councilman"Sanz recused himself, and left the meeting. R1 -SPECIAL PROJECTS/INITIATIVES R1A Verbal Report on Bal Harbour Shops Expansion Project Mr. Gonzalez stated that a workshop was held on March 2, 2015, and over 200 people attended. r From that meeting, it became apparent(1) that the Shops had to reach out to Church By the Sea to revisit their needs, and (2) that there was significant interest in the SunTrust site. While the Village has to do additional work, the initial response from SunTrust seems to be well received. Mr. Gonzalez is aware that conversations have taken place between the Shops and the Church by the Sea; however, he cannot report on those since he has not been involved. From a staff perspective, staff continues to work on the appraisal and the traffic study, and has approved additional work by the traffic consultant. He has met with the traffic consultant to better understand their methodology. The next step should be a Workshop to give a formal presentation of the traffic findings. The date should be after April 15, but definitely in the coming weeks. A discussion was held about the traffic study, and Mr. Gonzalez stated that we must allow the experts to do their job. He stated that he would like them to present their findings. Mr. Gonzalez stated there is an action item as part of this report, which is a resolution to approve expenditures related to the workshops. Mark Fisher (284 Bal Bay Drive) spoke. Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 Page 112 Mr. Gonzalez explained that the incremental growth is included as part of the model, and they determine how those impact level of service. Mr. Gonzalez explained that maintenance of traffic (MOT) for Expansion Project will be considered as part of the development agreement and our regulatory authority. Dina Cellini (211 Bal Cross Drive) spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Neil Alter (9801 Collins Avenue) spoke. Arthur Gilman (9801 Collins Avenue) spoke. The following Resolution Title was read by Ms. Mejia: R1A A RESOLUTION OF THE VILLAGE COUNCIL- OF BAL HAROUR VILLAGE; FLORIDA; RATIFYING THE EXPENDITURE OF $35,175.31 FOR THE PRESENTATION OF VILLAGE COUNCIL WORKSHOPS HELD ON FEBRUARY 2; 2015 AND MARCH 2, 2015 REGARDING THE BAL: HARBOUR SHOPS EXPANSION PROJECT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE: A motion was offered by Councilman Groisman and seconded by Councilman Salver to approve the resolution. The motion carried (3-0); Councilman Sanz was recused. The following Resolution Title was read by Ms: Mejia: R1B A RESOLUTION OF THE VILLAGE COUNCIL OF BAG HARBOUR VILLAGE, FLORIDA; RATIFYING THE EXPENDITURE OF $5,500.00 FOR ADDITIONAL TRAFFIC STUDY ANALYSIS PERFORMED BY THE CORRADINO GROUP; INC.; AUTHORIZING THE ENGAGEMENT OF THE CORRADINO GROUP, INC. TO PARTICIPATE IN FUTURE PUBLIC MEETINGS; PROVIDING FOR IMPLEMENTATION;- PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Salver and seconded by Councilman Groisman to approve the resolution. The motion carried (3-0); Mayor Packer absent and Councilman Sanz recused. Matthew Lazenby (Bal Harbour Shops) spoke. The following Ordinance Title was read by Ms: Mejia: R5B JOINT ITEM —R7C 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 Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 Page 113 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 A motion was offered by Councilman Salverand seconded by Councilman Groisman to approve the ordinance. Mr. Gonzalez introduced the item, and stated that the item was open and continued from last month due to concerns with some of the language and definitions in the drafted ordinance; in particular the use of the word primarily versus exclusively. Mr. Weiss explained that if you consider the four(4) buildings that make up the complex; as one structure, work taking place in the courtyard can be considered interior work: Amy Huber for the Bal Harbour Shops spoke, and explained that her team worked closely with the Village Administration and Village Attorney to ensure that any changes were consistent with other definitions in the Code She stated that this ordinance was brought to the Council to ensure the Business District was consistent with what was already required of the residential areas. With the modification to exclusively, the Shops is being impacted on how they conduct business over the last 50 years. Ms. Huber stated that The Shops intends to continue to be a good neighbor, and that the Village Manager is allowed to make determinations so they can continue running their business as they have over the years. A motion was offered by Councilman Salver and seconded by Assistant Mayor Cohen to amend the ordinance to substitute the word "primarily" for"exclusively" in Section F(1). Dina Celiini (21 Bal Cross Drive) spoke: An amendment to the motion was offered by Councilman Salver and seconded ,by Assistant: Mayor Cohen to go back to the existing language in Section E, so the Code reads "between the hours of 9pm and 8:30 am," to make sure it does not impact the residential district.' Roll Call Vote - Motion to qo back to existing Ian auaae in Section E: Yes No Assistant Mayor Patricia Cohen x - Councilman Gabriel Groisman x Councilman Seth E. Salver x . Councilman Jaime M. Sanz Recused Mayor Martin Packer Absent The motion carried (3-0); Mayor Packer absent and Councilman Sanz recused. Roll Call Vote -Motion to change from exclusively to primarily: Yes No Councilman Gabriel Groisman x Councilman Seth E. Salver x Assistant Mayor Patricia Cohen x Councilman Jaime M. Sanz Recused Mayor Martin: Packer Absent Bal Harbour Village Regular Council Meeting Agenda— March 24, 2015 e 114 The motion carried (2-1; Groisman); Mayor Packer absent and Councilman Sanz recused. Roll Call Vote — Amended Ordinance: Yes No Councilman Seth E. Salver x Councilman Gabriel Groisman x Assistant Mayor Patricia Cohen x _ Councilman Jaime M. Sanz Recused Mayor Martin Packer Absent The motion carried (2 Groisman); ayor Packer absent and Councilman Sanz recused. R7C JOINT ITEM - R56 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. Mr. Gonzalez introduced the item; and stated that this 'isa companion item to R5B, and serves to create the fee. Mr: Weiss stated he will review this to ensure it does not impact the residential community, and bring it back if it does, and requires any changes.' A motion was offered by Councilman Salver and seconded by Assistant Mayor Cohen to approve the resolution. Assistant Mayor asked if there was any public comment offered. The motion carried (2-1); Groisman. The following Resolution Title was read by Ms. Mejia: R7F and no public comment was A RESOLUTION OF THE :VILLAGE "COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING SIGN PERMITS FOR 9700 COLLINS AVENUE, BAL HARBOUR SHOPS, CONSISTENT WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Councilman Groisman and seconded by Councilman Salver to approve the resolution. Mr. Gonzalez introduced the item; and the item is the request for approval of a sign package. Mr. Gonzalez stated that unfortunately, in this instance, about a year ago, the Shops came to the Building Department reviewed the application and erroneously approved it. As soon as the error was discovered, the item was brought forth and placed on the agenda for the Council's consideration. Bal Harbour Village Regular Council Meeting Agenda —March 24, 2015 Page 115 Amy Huber (Bal Harbour Shops) spoke, and stated that the new signs were in the exact same location as the prior signs. Brian Mulhearn (10245 Collins Avenue) spoke. Assistant Mayor Cohen stated that she and other members of the community, like the old design of the signs. A motion was offered by Assistant Mayor Cohen to approve the signs saying Bal Harbour Shops that are designed like the old ones. Beth Berkowitz (10160 Collins Avenue) spoke. Mr. Weiss stated that each district has rules that dictate what can be on a sign, and in the Business District, the Code is more liberal on what can be placed on the signs. On the issue as to whether the Council can regulate on what is placed on the sign; that issue is still in The issue on what can be regulated is not clear, and is being litigated. The Council should focus on the aesthetics and 'not the content of the sign, as there may be First Amendment issues: A motion was offered by Assistant Mayor Cohen to approve the signs at the Bal Harbour Shops as they currently exist. Dina Cellini (211 Bal Cross Drive) spoke. Mr. Weiss suggested that if the Council is not happy with the aesthetics of the sign, then they should vote no on the motion. Neil Alter (9801 Collins Avenue) spoke. An amendment was offered to the motion by Assistant Mayor Cohen and seconded by Councilman Salver to approve the signs with a plain stainless steel bottom in conformance with what is on site now. The motion carried (24: Groisman): Mayor Packer absent and Councilman Sanz recused. ADJOURN: There being no further business, a motion was offered by Councilman Groismanand seconded by Councilman Salver to adjourn. The motion carried (3- 0); (Mayor Packer was absent and Councilman Sanz was recused) and the meeting was adiourned at 11:04 p.m. Attest: Dolores M. Mejia, Interim Village C Bal Harbour Village Regular Council Meeting Agenda — March 24, 2015 P a g e i 16