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2015-05-19 Regular Meeting
BAL HARBOUR COUNCIL MEETING MINUTES REGULAR MEETING - MAY 19, 2015 The Regular Meeting of the Bal Harbour Village Council was held on May 19, 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 7:03 p.m. by Mayor Packer. The following were present: Also Present: Mayor Martin Packer Assistant Mayor Patricia Cohen (via FaceTime) Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Jorge M. Gonzalez, Village Manager Dolores M. Mejia, Interim Village Clerk Richard Weiss, Village Attorney PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Dolores M. Mejia, Interim Village Clerk. REQUEST FOR ADDITIONS/WITHDRAWALS/REFERRALS: Mr. Gonzalez explained that item R10A (Report on Village Clerk Recruitment) has a companion resolution for the Council's action. PRESENTATIONS AND AWARDS: PRESENTATIONS AND AWARDS PA1 Legislative Update - Representative Joseph Geller, Florida House of Representative Representative Joe Geller made a presentation, including a status of issues, such as education and affordable healthcare, at the state level. Councilman Sanz asked whether a resolution from the Council will assist with moving these issues forward in Tallahassee. Representative Geller stated that he felt it would be very helpful to have the support of the Council to expanded coverage. Representative Geller introduced Michelle Geller, as his assistant for the evening. AGENDA ITEM C6A A motion was offered by Councilman Sanz to pass a resolution to support expanding the access to healthcare. Councilman Groisman stated he was not comfortable with voting on a resolution that had not yet been drafted. Mr. Weiss stated that he would have something drafted before the end of the meeting. CONSENT AGENDA Motion was offered by Councilman Salver and seconded by Councilman Groisman to approve the Consent Agenda. The motion carried (5-0); thus approving the following items: C6 - COUNCIL MINUTES C6 - COUNCIL MINUTES C6A Regular Council Meeting — April 21, 2015 C7 — RESOLUTIONS The following Resolution Title was read by Ms. Mejia: C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE PURCHASE OF LIGHT EMITTING DIODE (LED) FIXTURES WITH HARDWARE FROM MERCEDES ELECTRIC SUPPLY IN THE AMOUNT $42,873.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. END OF CONSENT AGENDA REGULAR AGENDA R7 — RESOLUTIONS The following Resolution Title was read by Ms. Mejia: R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AND ADOPTING THE RECOMMENDATIONS CONTAINED WITHIN THE BAL HARBOUR VILLAGE UTILITY MASTER PLAN; AUTHORIZING THE VILLAGE ATTORNEY AND VILLAGE MANAGER TO ENGAGE THE CONSULTANTS REQUIRED TO PERFORM DUE DILIGENCE ON THE ACQUISITION OF THE PROPERTY INTERESTS NECESSARY TO IMPLEMENT THE UTILITY MASTER PLAN; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item, and stated the Village has a stormwater and waste water utility. Water is purchased from the County...The system dates back to the Tate 1940s, and is by and large 60 to 70 years old. Typically, systems are replaced every 50 years. About 2 years ago the Village tasked Craig A. Smith with developing a master plan, due to issues that arose due to aging infrastructure. (PowerPoint Presentation handed out.) In May 2014, a workshop was held to answer some questions regarding the levels of service, and that legal and financial work needed to be done. Steven Smith, Craig A. Smith & Associates, presented a PowerPoint summarizing the status of the Utility Master Plan. He explained that the existing system has been analyzed, cost estimates developed, and proposed conceptual drawings created. Mayor Packer asked if this is pertaining to the entire community or just the gated residential. Mr. Gonzalez explained that the system is the Village's, and that it services the entire Village. He also explained that a number of pipes on Collins Avenue have been replaced in recent years; however, a number of the system's pipes are within the Gated Residential Section. Councilman Groisman asked if the utilities behind the homes shared the easements with other utilities, and what would be done with existing pipes. Mr. Gonzalez explained that the pipes typically are abandoned, and Mr. Smith confirmed that the pipes would be abandoned. Mr. Smith provided historical background on the pipe replacements on Collins Avenue. Mr. Smith explained the options for system improvement as part of the presentation. Mr. Gonzalez explained that there is opportunity to do things above ground, and these have been identified as part of the master plan process. These improvements include lighting, improved sidewalks, etc. The RFQ has been issued for the Collins Corridor, which will inform this conversation. Mr. Gonzalez reviewed project funding to date. Mr. Weiss explained that the three utility systems were given to the Village by bill of sale. Normally, when a developer dedicates those utilities to a city, along with those utilities is an easement to maintain those utilities. These were not done through deed, but rather by bill of sale. Under the bill of sale, the Village does have the right to service what is currently in place. The Village needs to acquire the ability to put an easement underneath the road, to place the utilities underneath the road. This can be accomplished by having the abutting property owners signing an easement agreement with the Village. However, there may be some cases where the abutting property owners do not want to give an easement. Under Florida Statutes, the Village has a right to take an easement to install and maintain the utility. Mr. Weiss introduced his partner, Mitch Burnstein, to explain the eminent domain process. Mr. Burnstein explained that there needs to be a community outreach and public education component to the process. Mr. Burnstein explained the steps necessary to complete this process. Gail Serota, of Weiss Serota, explained that there is an easement as part of the plat dedication. Mr. Gonzalez explained that the Council has already taken steps toward advancing the master plan, and summarized three (3) resolutions, which were passed by the Council in 2015. Councilman Groisman asked that Section 4 be amended to read "within the Village Manager's authority." Ree Kelly (2000 Towerside Terrace, Miami Shores) spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Matis Cohen (9801 Collins Avenue) spoke. Buzzy Sklar (10275 Collins Avenue) spoke. Steve Greenberg (9930 Collins Avenue) spoke. Beth Berkowitz (10160 Collins Avenue) spoke. David Paul (9801 Collins Avenue) spoke. Dina Cellini (211 Bal Cross Drive) spoke. Mayor Packer asked that Bal Cross Drive be included in the process, as well as the park. Mr. Weiss stated that they should be treated and brought forward separately, as the public purpose is different, and therefore, the background will be different. Mayor Packer stated that Bal Cross Drive should be included in the process, and that the park can be treated differently. Councilman Groisman asked about the timeframe for construction, and Mr. Gonzalez stated that the procurement and engineering process would take 24 months at a minimum, with actual construction commencing after that. Project completion would take 3 to 5 years. Neil Alter (9801 Collins Avenue) spoke. Councilman Sanz asked what the full price of the project will be. Mr. Gonzalez stated that at a minimum the full system is $26 million; however, there are optional items, including lighting, that totals an additional $12 million. A motion was offered by Mayor Packer and seconded by Councilman Salver to approve the resolution. A motion was offered by Councilman Groisman and seconded by Mavor Packer to amend Section 4 to include "within the limit of the Village Manager's authority." The motion carried (4-1; Councilman Sanz.) The motion to approve the resolution as amended carried (5-0). R1 0 — VILLAGE MANAGER REPORT R10A Verbal Report and Selection of the Village Clerk (with item R7C) Mr. Gonzalez updated the Village Council on the Village Clerk interview process. The candidates for the Village Clerk position are as follows: Billy Urquia and Dwight Danie. Each Councilmember to provide their vote on their selection of Village Clerk in writing. Vote Summary: Councilman Sanz Billy Urquia Councilman Salver Billy Urquia Councilman Groisman Billy Urquia Mayor Packer Billy Urquia Assistant Mayor Cohen Billy Urquia (submitted via email) The following Resolution Title was read by Ms. Mejia: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING A NEW VILLAGE CLERK; AUTHORIZING THE MAYOR TO NEGOTIATE AN EMPLOYMENT AGREEMENT WITH THE APPOINTED CLERK; DIRECTING THE MANAGER TO CONDUCT A BACKGROUND INVESTIGATION OF THE APPOINTED CLERK; PROVIDING FOR IMPLEMENTATION; PROVIDNG FOR AN EFFECTIVE DATE. A motion was offered by Mavor Packer and seconded by Councilman Groisman to approve the resolution and appoint Mr. Billy Urquia. The motion carried (5-0). Assistant Mayor Cohen stated that the IT improvements Councilman Groisman thanked Ms. Mejia for juggling many tasks and wearing many hats while she served as Interim Clerk. Councilman Salver echoed those sentiments and thanked Ms. Mejia for being a part of the Bal Harbour team. Assistant Mayor Cohen thanked Ms. Mejia as well. The following Resolution Titles were read by Ms. Mejia: R7B1 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE RECOMENDATION OF THE VILLAGE RESORT TAX COMMITTEE ON THE SELECTION OF A NEW VILLAGE LOGO; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. R7B2 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE EXPENDITURE OF APPROPRIATED FUNDS FOR PRODUCTION COSTS ASSOCIATED WITH THE CREATION AND IMPLEMENTATION OF THE VILLAGE MARKETING AND ADVERTISING PLAN; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item, and explained that the process was intended to provide one cohesive identity for the Village. Mr. Gonzalez introduced Rita Leia Cruz from Chandelier to present the branding concept. Ms. (Rita) presented the branding package and logo concepts. Penny Sepler (10275 Collins Avenue) spoke. Buzzy Sklar (10275 Collins Avenue) spoke. Beth Berkowitz (10160 Collins Avenue) spoke. Matis Cohen (9801 Collins Avenue) spoke. Angelica Lenox (St Regis Bal Harbour) spoke. Councilman Groisman stated that the Chandelier did a great job, and that it is modern with some throw back to the Village's history. Rita explained why the branding ties to Miami. Angelica Lenox explained how the St. Regis Bal Harbour is positioned from a marketing perspective. Councilman Salver stated that he has attended the two Resort Tax Committee meetings, where branding was discussed. He also would like the Council to consider emblems, which were discarded in the process by the Resort Tax Committee. Additionally, he would like the Council to give more guidance on the pattern. Rita explained that the pattern was not restricting, and would allow the audience to resonate with the brand. Emblems were too generic and too one directional, which only resonates with part of the audience. Councilman Sanz thanked Rita and the Resort Tax Committee for their work. He stated that he feels that the Council should go with the first step, as proposed by Chandelier and recommended by the Resort Tax Committee. A motion was offered by Councilman Groisman and seconded by Councilman Sanz to approve both resolutions. The motion carried (5-0). R9 — NEW BUSINESS AND COUNCIL DISCUSSION R9A Public Comment Ree Kelly (2000 Towerside Terrace, Miami Shores) spoke. Steve Greenberg (9930 Collins Avenue) spoke. Chief Mark Overton spoke. Neil Alter (9801 Collins Avenue) spoke. Brian Mulhearn (10245 Collins Avenue) spoke. Tony Imbesi (175 Camden Drive) spoke. R1 — SPECIAL PROJECTS/INITIATIVES R1A Verbal Report on Bal Harbour Shops Expansion Project Mr. Gonzalez stated that there is nothing new to report on the project. Mr. Weiss read a resolution into the record in support of accessible healthcare (per Representative Geller's presentation). A motion was offered by Councilman Sanz and seconded by Councilman Salver. The motion carried (3-1; Groisman. Assistant Mayor Cohen was absent.) ADJOURN: There being no further business, a motion was offered by Councilman Groisman and seconded bv Councilman Sanz to adjourn. The motion carried (5-0); thus, the meeting was adjourned at 10:03 p.m. Attest: Dolores M. 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Jo uollnaasoad aaueAanuoa pale!Tobau Ononil paunbaa iou aaa lag' siaaaad JOI u wop Tuaupe u! suowied Jo uoReJedaad siaaaad wawasa3 asa nand o saa o ualipm o kian iap pua uoReLwoj atil • amen o saiaumsa a pads-lad anpuoa dda ua jo luauaababua ayl • :fiuipnioui swauaaainbaa dins-a.ad AJolnieis aaueudwoo _C� Proposed Utility Infrastructure Projects , Project Description Total Preliminary Cost Estimate _ , Water Distribution Improvements $5,718,747 Sanitary Sewer Collection System Improvements 5,819,126 Storm WaterCollection System Improvements 6,721,430 Gated Residential Section Roadway Reconstruction/concrete Valley Gutter* 7,752,544 ............. _ Total Cost of Future Proposed Utility Infrastructure Projects $26,011,847 * To be apportioned based on the impact of each of the Utility infrastructure improvements Proposed Miscellaneous Enhancement Projects Collins Avenue/96th Street Concrete Curb and Gutter Replacement $1,433,525 Collins Avenue/96th Street Concrete Sidewalk Replacement 2,837,019 Collins Ave/96th Street Roadway/Pedestrian Lighting Improvements 2,898,231 Collins Avenue /96th Street Landscaping Improvements 1,501,502 Collins Avenue /96th Street Irrigation and Accent Landscape Lighting mprovements 1,000,666 Future Proposed Miscellaneous Enhancement Projects $9,670,943 Gated Residential Section Roadway Lighting Improvements, $3,030,558 Utility Master Plan Funding to Date: Bal Harbour Village Utility Master Plan Funding to Date Utility infrastructure Projects $26,011,847 Bal Harbour Village 2011 Capital Improvement Revenue Bonds 10,000,000 2014 State Appropriation for Sewer Improvements* 600,000 Miami -Dade County BBCGOB Funds for Sewer Improvements ** 6,500,000 Consultatio Contribution for Phase I Sewer 950,000 Subtotal Funding $18,050,000 Net to be financed $7,961,847 Miscellaneous Enhancement Projects to be Funded $9,670,943 Gated Residential Section Roadway Lighting Improvements $3,030,558 * 2015 State Appropriation Application are Pending ** Pending Board of County Commission Approval in June 2015 . \ \ \ \ \ \ \ u o p r u i s u o o a 0 1 s a g a B u m ! a d p u a u 6 p a p s l l u o w v Z : a p n p u i s a u m s a n w p f a i d p a l e ` 4 4 4 4 4 - 4 , 4 4 4 4 - 4 , - \ o \ \ \ \ \ \ \ \ \ o \ _ \ \ \ _ \ \ F . a u . 1 (pefoJd swauaanoadwi uaaisAg klepuooas aannag Ale iues anuany sumoo) sapaossy �g y1iws 6ieao y}inn Tuawaaafe ue panoaddy o (6upen puno9 1417Z/£0) 5£6-5 1OZ 'oN uoi;niosab • (Toefaid luawaoueyuwaisAS aannas 6ugsix3) salepossy �g y1iws 'y f ieao y}inn wauaaaa6e ue panoaddy o (6upelAi punoO 9 1-/L 4/ZO) SZ6-S 1,0Z 'oN uogniosaa (sTuaumueque abernA aoj. bu punj iauowpa pua pafoad luauauspaideH uoaa8 `paf©ad luauaaouauuD aannas) 6uipnpu! tuipun j las-go paanoas o (5u!lealAJ Houno0 91-/L 1-/Z4) VZ6-910Z 'oN uogn oseN ueld ay} j.o uoilewawaldwi ienpe Joj saoinaas poddns o papiduaoo aq ipnn (No) wai f saoinaas }uauaa6eueW uopnaisuoo e uopaps pue uoRe}plos ayl uopes leRuappaH pale° auk u!u1!nn swewasee pa gnbaa amaes o sdais A.Jessaoau a aNel ll!M ueae!8 'S a100 uew410H males sspAA `Aewonv abell!A at-11 Ueld Jo suopod papun jun aqi Jo; lei!deo leuowppe o bupnoas pue uoReoq uap! aul • Toafoad luauaaoueyu3 aopiaaoo suffioo e u6isap dray o� sieuoissaload adeospuel Jo saoinaas ay} `ssaaoad (0dH) suoi}eawieno ao; Tsanbae Ono buRpHos ARuaaano suoRdo 6uipun,j Lap `sweweouauua epssod au!lap o saaplouawis uopes pale° is Ruap s auk uiiM palanpuoo aq ipM suo!ssnos!G • „ FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME Sanz, Jaime M. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Bal Harbour Village Council MAILING ADDRESS 655 - 96th Street THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS UNIT OF: CITY Bal Harbour COUNTY Miami Dade 121 CITY MI COUNTY ❑OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED May 19, 2015 MY POSITION IS: El ELECTIVE ■ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). i # i ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes, i i APPOINTED OFFICERS: i # # i Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Jaime M. Sanz hereby disclose that on May 19 (a) A measure came or will come before my agency which (check one) ,2015 inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Council Agenda Items: R1A Verbal Report on Bal Harbour Shops Expansion Project The issues before the Council were related to a major expansion of the Bal Harbour Shops. I am a Department Manager at Neiman Marcus, which is one of the two largest tenants at the Bal Harbour Shops. The expansion would significantly enhance the economic prospects of the Shops' major tenants. As an employee of one of the business entities which may be directly affected by the action and through my position at Neiman Marcus I may directly or indirectly, profit or be enhanced by the action, inasmuch as a major financial benefit to Neiman Marcus may also benefit its managerial staff. Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1 , 17, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2