Loading...
HomeMy Public PortalAbout2015-07-21 Regular MeetingBAL HARBOUR COUNCIL MEETING MINUTES REGULAR MEETING -.DULY 21, 2015 The Regular Meeting of the Bal Harbour Village Council was held on July 21, 2015 at the Bal Harbour Village Hall Council Chamber (644 — 96th Street, Bal Harbour, Florida). CALL TO ORDER — The meeting was called to order at 7:04 P.M. by Mayor Packer. The following were present: Also Present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Jay Weiss, Village Attorney PLEDGE OF ALLEGIANCE Mayor Packer led the Pledge of Allegiance and followed by a moment of silence for the 5 American service members killed in Chattanooga, Tennessee on July 16, 2015. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Motion to approve the deferral of Agenda Items R1A, C7C, R7E, R9D R9E and R9F: Moved by Councilman Seth Salver, Seconded by Councilman Jaime Sanz. Motion passed unanimously (5-0). PRESENTATIONS AND AWARDS NO ITEMS CONSENT AGENDA Motion to approve the Consent Agenda: Moved by Councilman Seth Salver, Seconded by Councilman Gabriel Groisman. Motion passed unanimously (5-0). C6 - COUNCIL MINUTES C6A REGULAR COUNCIL MEETING — JUNE 23, 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 REPLACEMENT IRRIGATION METERS WITH OTHER WORK AT THE SEA VIEW HOTEL, THE BALMORAL, THE BAL HARBOUR TOWER, THE PALACE, THE MAJESTIC TOWER, THE KENILWORTH, AND THE CARLTON TERRACE CONDOMINIUMS FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND NINE HUNDRED THIRTY DOLLARS AND NO CENTS ($130,930.00); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PARKS & PUBLIC SPACES DEPARTMENT) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CONTRACT CITIES FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (PARKS & PUBLIC SPACES DEPARTMENT) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA RATIFYING THE EXECUTION OF THE FIRST AMENDMENT TO ESCROW AGREEMENT BETWEEN ONE BAL HARBOUR CORPORATION, BAL HARBOUR VILLAGE, AND WEISS SEROTA HELFMAN COLE & BIERMAN, P.L., AS ESCROW AGENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEFERRED) (VILLAGE MANAGER) C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE EXPENDITURE OF $12,750.00 OF LAW ENFORCEMENT TRUST FUNDS TO PURCHASE PROXIMITY SENSOR KITS FOR POLICE FLEET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (POLICE DEPARTMENT) END OF CONSENT AGENDA REGULAR AGENDA R1 - SPECIAL PROJECTS/INITIATIVES R1 A VERBAL REPORT ON BAL HARBOUR SHOPS EXPANSION PROJECT (DEFERRED) Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 12 (VILLAGE MANAGER R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE II "EMPLOYEE'S PENSION PLAN", OF CHAPTER 13 "PENSIONS AND RETIREMENT BENEFITS" OF THE VILLAGE CODE, BY AMENDING SECTION 13-26 "DEFINITIONS" AND SECTION 13-28 "RETIREMENT DATES AND RETIREMENT BENEFITS", IN ORDER TO COMPLY WITH CERTAIN TAX REQUIREMENTS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING PUBLIC HEARING (FINANCE DEPARTMENT) Mr. Gonzalez introduced the Ordinance and explained that it does not affect employee benefits, but implements text changes that are needed for the pension plan to comply with IRS tax laws. Motion to Approve the Ordinance on Second Reading: Moved by Councilman Jaime Sanz, Seconded by Councilman Seth Salver. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X Mayor Martin Packer X R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 16-31 "HOTELS AND APARTMENT HOUSES" AND SECTION 16- 34 "CONTAINERS NOT TO BE VISIBLE FROM STREET" OF ARTICLE II "STORAGE" OF CHAPTER 16 "SOLID WASTE" AND SECTION 21-406 "LOCATION OF BERTHS; SCREENING OF ARTICLE VI "OFF-STREET LOADING FACILITIES" OF CHAPTER 21 "ZONING" OF THE VILLAGE CODE OF ORDINANCES, TO PROVIDE REQUIREMENTS FOR SOLID WASTE TREATMENT AND DISPOSAL AND THE TREATMENT AND SCREENING OF DUMPSTERS, CENTRAL LOADING AREAS AND LOADING FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING PUBLIC HEARING (BUILDING DEPARTMENT) Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 P a g e 13 Mr. Gonzalez introduced the item and discussed concerns raised from the first reading of the Ordinance. He stated that he had reached out to the St Regis, the Harbour House and the Ritz Carlton. He stated that the resolutions of existing issues will be accomplished through a code enforcement settlement with Harbor House, an extension of time with an escrow agreement with the Ritz Carlton, with the St. Regis through the Architectural Review Board. He stated that the Second Reading of this Ordinance adequately addresses the three properties, The Item was moved for discussion by Councilman Seth Salver, Seconded by Councilman Jaime Sanz. Councilman Groisman stated that a specific fine was missing from the ordinance and questioned whether or not existing fines would be sufficient enough to change behavior. Mr. Gonzalez stated that the code enforcement violations that are governed by State Statute may not be sufficient, but the Village is preempted from amending them and that Village fines are among the lowest in the County. Mr. Weiss stated that other methods/motivations for increasing compliance could be reviewed, and he reiterated that the three properties, in question, would be in compliance. Assistant Mayor Cohen agreed that most of these fines don't seem to deter or motivate. Mr. Weiss recommended that the Council pass ordinance as is, and that he would come back to the Council with proposals for increasing fines. Mr. Gonzalez also agreed that the current fine structure is not sufficient to deter violators and though a fine could be levied daily, he stated that sometimes a cure period needs to be provided and that he would welcome another look at the overall fine structure. Councilman Groisman directed Mr. Weiss to draft an ordinance for the next meeting that would apply across-the-board for all code enforcement. Mr. Gonzalez stated that a special master imposed daily fine became a useful tool with the Harbor House. Councilman Sanz agreed that a good enforcement tool would involve daily enforcement and Assistant Mayor Cohen added that a more penalizing fine would get more attention. PUBLIC COMMENT Matis Cohen (9801 Collins Avenue) stated that this issue was discussed in budget committee and that it is an issue of policy for the administration. Motion to Approve the Ordinance on Second Reading: Moved by Councilman Jaime Sanz, Seconded by Councilman Seth Salver. Vote: Motion carried by unanimous roll call vote (summary: Yes = 5). Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X Mayor Martin Packer X Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 14 R7 — RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR 2015-16; AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI- DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez introduced the resolution and stated that a cap for the millage needs to be set. Establishing the cap does not mean the ultimate millage rate could not lowered in September, but raising it above the cap would be difficult. The Budget committee reviewed all Village Departments and recommended a millage rate of 1.9654, which is a reduction from the current rate of 2.0611. This would mean a median price home household would pay $25 less and, for average home, $82 less. The Village has historically maintained a low rate; this would be a 32% reduction from 2004. The Village's millage rate ranks among the lowest in the County. Lastly, the Council is to set the Budget Hearing dates, the first, tentatively set for September 8th at 5:01 P.M. Assistant Mayor Cohen stated that she did not think that it was necessary to lower the millage rate, but that she would go with the budget committee's recommendation. She stated that is better to keep the rate at the present level so that Village coffers would be strengthened. Councilman Salver suggested having the Budget Hearing at 7:00 p.m. stating that it would be better for public input. Assistant Mayor Cohen asked to keep the voting traditional: alphabetical. Mr. Weiss stated that the State is particular, that all actions regarding millage should be heard no earlier than 5:01 P.M. and that 7:00 should be fine. Mr. Gonzalez agreed. Councilman Groisman stated that the Village doesn't tax unnecessarily and it has a Budget committee that sets aside money for emergencies/disasters. And he stated, if the millage rate could be lowered it should be. Motion to set the date of the first Budget Hearing for September 8, 2015, and to set the time to begin at 7:00 p.m. Moved by Mayor Packer, Seconded by Councilman Seth Salver. Motion carried by unanimous voice vote (summary: Yes = 5). Mr. Gonzalez discussed setting the date and time for the second Budget Hearing. Assistant Mayor Cohen suggested voting today to set a tentative date. Councilman Salver questioned the timing of the meeting. Mayor Packer spoke. Mr. Gonzalez stated that the limitations for setting the date of the second hearing include: Miami -Dade County Commission's and the County School Board's budget hearings, religious holidays, advertising requirements and travel schedules. The first meeting on Tuesday, Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 15 September 8th will include a Regular Council Meeting and the first Budget Hearing. The second meeting in September will only be the second budget hearing. He advised that scheduling the second hearing the last week in September would not leave room for error. To which, Mr. Weiss agreed. Mr. Gonzalez stated that he will review and suggest options for dates for the second hearing. Assistant Mayor Cohen stated that September 15th is possible, but she may have to go out of town. Councilman Salver stated his concern for public hearing starting at 9:00 P.M. without the public watching. Mr. Gonzalez stated that the Council will officially set the second hearing date during the September 8th meeting and that he would review and suggest optional dates for consideration. Vote: Motion to approve a millage rate of 1.9654: Moved by Councilman Jaime Sanz, Seconded by Councilman Seth Salver. Vote: Carried by unanimous voice vote (summary: Yes = 5). R7B A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR, FLORIDA; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Weiss suggested beginning with a motion and a then a second, then open the floor to discussion. The Item was moved for discussion by Councilman Seth Salver, Seconded by Councilman Jaime Sanz. Mr. Gonzalez introduced the resolution. He stated that the Village collects solid waste expenses through the tax bill; $224.74 per dwelling unit in multi -family, and $480.32 single family home. He recommended that the existing assessment remain the same and that $655,010 would be sufficient to fund a year's operation of the solid waste collection. Councilman Groisman questioned an inconsistency in resolution documents. Referring to Sections 3(G) and Section 3(H), he stated that the document says that every residential unit should pay the same, and that the rate should not be determined by size and value of property, and that it is not equitable for single family units to be assessed two times more than multi -family. Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 P a a a 1 6 Councilman Salver stated that if anything, the assessment should be lower for multi -family. Mr. Gonzalez stated that if there is an interest in changing the assessment, a rate study should be conducted. Councilman Groisman asked who had drafted the Apportionment section of the resolution. Mr. Weiss and Mr. Gonzalez commented that it was the Council, but many years prior. Mr. Gonzalez indicated that Section H and Section I, which say apportioning single-family is fair and multi -family is fair. Mr. Weiss stated that the definition section defines residential as including both single and multi -family. Councilman Groisman stated that apportionment should be equal for both. Mr. Weiss stated that the document is saying that is a reasonable way to apportion between different properties. Councilman Sanz spoke. Mr. Gonzalez stated that we only collect what we need. Mr. Weiss reiterated that if we want to change the way that it is apportioned, then we should conduct a rate study. Councilman Groisman spoke. Mayor Packer stated that much more service is provided to the private home. He stated that a time schedule study would show more time per stop for single family that on large multi- family units. He also added that in the past he had suggested that the assessment be based on square footage of the home. Mr. Gonzalez stated that a bulky waste service is included for single family homes, while not suggesting that this was there reason, and repeated that a rate study should be conducted to change the apportionment. Councilman Sanz stated that charging the apartment buildings with many units, the same amount as a single family home, would be illegal. Mr. Weiss stated that you can't just pull a number; that this method has been used for years, and in order to justify an assessment, numbers need to be based on a study. Assistant Mayor Cohen asked Mr. Weiss would study conclude not exact science, why would we do that. Mr. Weiss stated that he couldn't say what a study would say. Councilman Sanz we need to move ahead for this year, but we need to study this carefully. Public Comment Steve Greenberg (9930 Collins Ave.) spoke regarding the necessity of facts for decision making. Mr. Weiss replied that he doesn't know if a study was done at the time the current assessment was determined and that this was the allocation done at that time, if we feel it is unfair, then it needs to be reexamined. Councilman Salver asked why the assessment is separate from the budget. Mr. Weiss stated that we could be put into tax dollars as a cost for services system, and at one time it was included in the budget. Mr. Gonzalez described different options for collecting the assessment and reiterated the present need to get assessment roll to property appraiser by the end of July. Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Pa g e 17 Assistant Mayor Cohen stated that it is time to reexamine the assessment and asked Mr. Gonzalez to research methods used by other communities. Mr. Gonzalez stated that if we want to change the apportionment rate, then a rate analysis should be conducted. He then described collection in Miami Beach where the City collects for single family and commercial is separate by pre -approved authorized providers, however hauling is not coordinated. Assistant Mayor Assistant Mayor Cohen added that an economy of scale is not enjoyed. Councilman Sanz questioned if we could do just residential and the rest would contract with someone else on their own. Councilman Groisman stated that we need to revisit this issue but for now, we should pass this resolution. Vote: Motion carried by unanimous voice vote (summary: Yes = 5). Motion to conduct a rate analysis for next year: Moved by Councilman Jaime Sanzs Seconded by Councilman Seth Salver. Councilman Salver suggested including in the study the alternative of rolling the assessment into the budget. Mr. Gonzalez stated that using that method, the apportionment would not be distinguished between residential and non-residential. Assistant Mayor Cohen stated that Councilman Salver's approach could represent a fair approach. Vote: Motion passed by unanimous voice vote amended with the alternative to include the option of rolling the costs into the budget. Public Comment Beth Berkowitz (10160 Collins Ave.) explained how the solid waste assessment was separated from the tax bill. Motion: to approve the second study: Moved by Councilman Seth Salver, Seconded by Assistant Mayor Patricia Cohen; passed by unanimous voice vote. R7C A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 18 The Item was moved for discussion by Councilman Seth Salver, Seconded by Councilman Jaime Sanz. Mr. Gonzalez described the resolution and stated that he with met those in the gated community that are creating the homeowner's association and with members of what used to be the residential advisory committee, to determine what the assessment should be. It is recommended that the assessment should remain status quo: $1,802 for single family, $901 for each unimproved property and $7,208 for each private recreational facility. Public Comment Ree Kelly (2000 Towerside Ter., Miami Shores) asked questions regarding the status of the district. Mr. Weiss answered her questions regarding the historical methodology for collecting the assessment. (Speaker timer created feedback, interruption of audio) Mr. Gonzalez spoke regarding having obtained feedback from the community. Councilman Sanz expressed that he would like to discuss an item before a motion to discuss is made. Mr. Weiss stated that the Council may choose its own procedures. Assistant Mayor Cohen stated that she also would feel more comfortable in discussing the item first. Mayor Packer stated that the Council will continue taking the motion after discussion Vote: Motion carried by unanimous voice vote (summary: Yes = 5). Councilman Salver asked Mr. Weiss if it would be beneficial to codify the procedures. Mr. Weiss stated that the procedures would be presented as a discussion item for the next Council meeting. Public Comment Raj Singh (53 Camden Drive) spoke regarding his experience with rules of procedure. R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE REORGANIZATION OF THE BAL HARBOUR VILLAGE BUILDING DEPARTMENT; PROVIDING THE IMPLEMETATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mr. Gonzalez discussed how Building Dept. is currently structured. It has 2 positions, 2 employees (counter clerks) and a 3rd party provider, CAP Government Inc., for outsourced building department services. CAP receives 70% of the permit revenue or 65% for any amount greater than $50,000. He stated that the Building Official should be a full-time employee that gains experience specific to the Village. The costs of the Building Dept. are funded by applicant fees. Cost savings of around $50,000 based on conservative building cycle. The Budget Committee recommended this option. Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 19 Public Comment Daniel Holder (24 Bal Bay Dr.) spoke regarding the powers of the Building Official, permitting fees and requirements listed on the Village's website. Mr. Gonzalez replied that Miami -Dade County Board of Rules and Appeals is where disputes are settled and that Village Code is clear regarding permitting requirements. Assistant Mayor Cohen agreed that the website should coincide. She also offered that permit fees could be deterrents for small projects. Mr. Gonzalez stated that the Council has zero discretion on Florida Building Code requirements, amounts however, are our discretion. We do have 100% discretion on areas the Florida Code does not address. Matis Cohen (9801 Collins Avenue) spoke. Bal Harbour pricing is about 30% less than Miami Beach for permits and to increase accountability, the current revenue stream could fund an accurate website and code archive. Assistant Mayor Cohen stated that lengthy discussions were held at the Budget Meetings. She stated that she supported technological advances and the in-house provision of services. Councilman Groisman agreed with Assistant Mayor Cohen that this resolution provides two options: renegotiate with CAP or enter into agreement with a 3rd party contractor. Mr. Gonzalez stated that we want to hire a building official and that we don't need to hire inspectors, thus we need to renegotiate or hire a different provider. Councilman Groisman stated that he was concerned about hiring a "CEO". He recommended this resolution be adopted with the amendment to authorize the Village Manager to terminate and enter into agreements, and then recommend agreements with the Council for approval. Mr. Gonzalez stated that we need to continue building services without interruption. Mayor Packer asked if the building official would be paid by fees, or would the building official be an employee of the Village? Mr. Gonzalez answered yes, and yes. They become an employee of the Village and the full cost of building department is captured through fees. Councilman Salver asked if there was a reserve to cover a deficit. Mr. Gonzalez answered that there was, and given the next few years, the reserve would be sufficient. Councilman Sanz asked whether or not this item was an emergency and if the Council could wait until September? Councilman Groisman agreed with Councilman Sanz. Mr. Gonzalez stated that there was no emergency, but the sooner the item was decided, the sooner the 70% permit revenue stays within the Village. Lost Internet connection with Councilman Groisman and Assistant Mayor Cohen Public Comment Beth Berkowitz (10160 Collins Ave.) inquired regarding the criterion and qualifications of the Building Official. Mr. Gonzalez answered that this is governed by Building Code. Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Pag3 110 Matis Cohen (9801 Collins Avenue) recommended finding a candidate now and then start preparing the groundwork to house a building department. Councilman Salver stated that we need to look forward, that this has been vetted by Budget Committee, that this makes sense dollar -wise, and that he is not in favor of tabling the item. Neil Alter (9801 Collins Ave.) asked about the cash flow and recommended that the Council should move forward expeditiously. Mr. Gonzalez answered that cash flow varies from month to month. Logistics and timing is important to retain the 70%, and that we need to be mindful that the Village does not take on obligations (inspections) after the company collects the 70%. Councilman Groisman returned to meeting video and voice Assistant Mayor Cohen returned meeting voice only Assistant Mayor Cohen stated that construction times vary and that this is a complicated issue, illustrated with our present relationship with CAP, and that we should understand all implications before moving forward. Mr. Gonzalez stated that we need to hire the building official first. Assistant Mayor Cohen asked for clarity. Mr. Gonzalez stated that he needed to enter into a professional services agreement, after which, he can come back to Council for ratification. Councilman Groisman recommended deferral of the item. Mr. Gonzalez suggested removing Section 3 and approving Sections 1 & 2 of the resolution. Councilman Groisman stated that he was concerned about the possibility of paying double if we have a new building official and still have the CAP contract and 3rd party vendors. Mr. Gonzalez stated that he doesn't anticipate paying double and that we may have to end up with CAP anyway, just not as building official. He stated that he needs the authority to renegotiate the contract. Public Comment Ree Kelly (2000 Towerside Ter., Miami Shores) asked about the revenue from Bal Harbour Shops, to which Mr. Gonzalez answered $300,000,000 of construction, projected, so 1% of that. She replied, $3,000,000, and having 70% or $2.1 million going to company stresses the importance of finding someone now. Assistant Mayor Cohen requested that we put every mechanism in place to keep the fees. She also spoke in favor of approving sections 1 & 2 stating that it is not within the Council's discretion to decide which building official is hired. Mr. Gonzalez agreed that it is the Manager's discretion, but stated that contracts are the Council's. Councilman Groisman proposed an amendment to strike Section #3 and everything in Section 2 after the words "Building Official". Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 111 Mr. Gonzalez stated that the industry is highly regulated, State certified, but there would still be a need to bring in other trades, independent contractors, CAP or other companies. To which, Assistant Mayor Cohen replied that she was not comfortable with the possibility that the building official might come from CAP, and while other services still come from CAP. Councilman Groisman asked if the Council would ratify the contract of the Building Official to which Mr. Gonzalez replied that the Building Official would be an employee -at -will. Motion to amend the Ordinance strike Section #3 and last part of section 2 (after "Building Official"), Moved by Councilman Gabriel Groisman, Seconded by Mayor Martin Packer. Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Assistant Mayor Patricia Cohen, Councilman Gabriel Groisman, Councilman Seth Salver, Mayor Martin Packer. No: Councilman Jaime M. Sanz. R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE DECLARING THAT ACQUISITION OF A PERMANENT SUBSURFACE UTILITY EASEMENT UPON PRIVATE PROPERTY WILL SERVE A PUBLIC PURPOSE AND IS NECESSARY TO REPLACE A PORTION OF THE VILLAGE'S AGED, DETERIORATED, AND UNRELIABLE SANITARY SEWER INFRASTRUCTURE; AUTHORIZING THE VILLAGE MANAGER AND ALL OTHERS ACTING ON HIS BEHALF TO ACQUIRE THE PARCEL DESCRIBED HEREIN THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN; AUTHORIZING THE VILLAGE MANAGER AND ALL OTHERS ACTING ON HIS BEHALF TO TAKE SUCH FURTHER ACTIONS AS ARE REASONABLY NECESSARY; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (DEFERRED) (VILLAGE ATTORNEY) R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A DISCUSSION REGARDING PROPOSED RULES AND REGULATIONS FOR THE OPERATION OF THE MARINA (VILLAGE ATTORNEY) Mr. Weiss reminded the Council that the Village is in litigation with owners of Marina, that the Courts will determine any legal issues. Assuming that the Marina is permitted to exist within the Village, this discussion addresses the concerns of residents, which are listed in the Agenda packet, plus the supplemental comments from the residents in the handouts. Mayor Packer spoke. Councilman Groisman suggested receiving comments from the public first. Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 Page 112 Public Discussion Jonathan Kaskel, Attorney at Gunster, 600 Brickell Ave. Suite 3500, Miami, 33131, representing Flamingo Way Enterprises and Bal Harbour Yacht Club spoke presented his clients' position. He asked the Council to reconsider implementing an ordinance and to compare this marina with other private marinas. Ree Kelly (2000 Towerside Ter., Miami Shores) asked for clarification on ownership and the requirements of the Village Code. Mr. Weiss replied that issues of ownership, and the right to operate, are the subject of litigation and requested that there be no discussion on that topic. Daniel Holder (24 Bal Bay Dr.) spoke regarding people staying overnight on the boats and how the assessments for the marina were originally made. Councilman Groisman stated that a government regulates to protect its citizens. He added that there are several issues that could be regulated including: crews sleeping on boats, crews walking around neighborhood at night, hours of operation, and registration of overnight guests; and he asked Mr. Weiss to draft legislation. Mr. Weiss stated that he was looking for direction from the Council, areas to include in ordinance for example: hours of operation, and guest registration. Councilman Salver added noise, and parking as issues. Mayor Packer added the issue of changing mechanical fluids on site, in that the marina does not have a service station. Councilman Groisman added the issue of what time of day mechanical repairs could be done stating that there should be uniformity with the rest of community. He also added that he did not see the need to register passengers, since some of the yachts are large and have large crews. Assistant Mayor Cohen stated that the proposed code for boats should be consistent with resident requirements. She also stated that the comparison to other marinas needed to be more comparable and suggested a survey of residents. She added that this issue is important and should be researched thoroughly. Councilman Groisman agreed with obtaining more input from the community. Councilman Salver questioned whether or not this conversation was pre -mature and Assistant Mayor Cohen asked Mr. Weiss if the Council has the authority to regulate. Mr. Weiss responded that the conversation was not premature and that a court will determine if marina is operating in a legal way. He added regardless of the status of the marina, these issues will come up and they will take time to address, so it is okay to start looking at them now, to begin the discussion. Councilman Salver addressed the standing of Village to regulate the Marina if it was determined to be a homeowners association. Mr. Weiss responded that the Village can regulate (zoning, setback) even though it may be private. Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 113 Assistant Mayor Cohen stated the Aventura local government had jurisdiction over the Turnberry Isle Marina in regards to environmental issues and operation. Mr. Weiss agreed. Public Input Matis Cohen (9801 Collins Avenue) spoke regarding the necessity of businesses in the Village having a BTR (Business Tax Receipt) to operate. Daniel Holder (24 Bal Bay Dr.) spoke regarding trucks being used for fueling. Tony Imbesi (175 Camden Dr.) spoke regarding the governing body for marinas being DERM, insurance requirements for crews, and the responsibility of residents to report noise issues. Councilman Groisman stated that an issue to be addressed is the crew being part of the boat. Mr. Weiss restated that he is looking for direction from the Council. Councilman Groisman suggested deferring this discussion until further input is received from the community. R9B DISCUSSION REGARDING THE SELECTION OF CHRISTMAS DESIGNERS INC. AS THE FIRST RANKED FIRM TO DEVELOP HOLIDAY LIGHTING AND DISPLAY PROGRAM (VILLAGE MANAGER) Mr. Gonzalez introduced the item for discussion. He stated that last year $75,000 was budgeted for enhanced lighting, with another $75,000 in this year's budget. An RFQ was issued to help determine a lighting company for 2015, to which, two firms submitted proposals: Christmas Designers and Miami Christmas Lights. He stated that he was seeking from the Council, a selection of the company, an establishment of a budget, an opportunity to reconvene to review the design, and to designate a point person. The design would be reviewed by interested stakeholders. John Oldenburg (Parks & Public Spaces Director) introduced the representatives from the two responding companies. Kevin Long (Christmas Designers) reviewed the qualifications of his company and introduced his designer John Catenaci. Mayor Packer spoke. Solange Beaumard and Randy Meyerson (Miami Christmas Lights) reviewed the qualifications of their company. Mr. Oldenburg stated that allocated budget is appropriate for a program that the Village deserves and that both companies are qualified. He also stressed a need for expediency for the selection of the company and timing of a workshop before the holidays. Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 Page 114 Mr. Gonzalez asked representatives of both companies what were their deadlines for programmatic design decisions. Ms. Beaumard (Miami Christmas Lights) stated that her company would prefer 90 days, but can make it happen sooner, stating that the lights would go up November 15 and be ready to light after Thanksgiving, then gave a 43 day deadline. Mr. Long (Christmas Designers) stated that his company would need 45 days. John Oldenburg then recognized Committee members Public Comment Rose Scheiber stated that she was impressed with Miami Christmas Lights' proposal. Beth Berkowitz (10160 Collins Ave.) spoke regarding the inclusion of Bal Harbour's branding and was also impressed with Miami Christmas Light's proposal. Daniel Holder (24 Bal Bay Dr.) asked if this could be funded from the tourist tax to which the Council responded, yes. He also asked if religious questions were addressed, to which Mayor Packer responded that they will be holiday lights. Mayor Packer stated that he had attended the committee meetings, and preferred Miami Christmas Lights' presentation. Assistant Mayor Cohen stated that she had reviewed printed materials and researched both companies and that she concurs with Mayor Packer. She described them as being aspirational, and liked their technology component and their vertical integration, and stated that they would be a better match for Bal Harbour. She volunteered to be the point person. She spoke regarding spending the full budget, being that the Village is currently rebranding, that Chandelier should be involved, and the corridor is being redone. Steve Greenberg (9930 Collins Ave.) discussed previous budgets with Mr. Gonzalez and recommended the need to "bump it up" when comparing Surfside's displays. Councilman Groisman state that we should not wait until we redo the corridor and that we need to use our new logos. He also stated that he liked Miami Christmas Lights better. Assistant Mayor Cohen clarified that we should work in conjunction with our PR company and take their guidance to which Councilman Groisman agreed. Christina Lima stated that both companies were competent and the committee liked the other company. Councilman Sanz stated that Miami Christmas Lights is Bal Harbour, and that we have to act now, that we should go all out and continue with the branding. Mr. Gonzalez spoke. Councilman Sanz expressed his desire to be the point person. Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Pa g e 1 15 Assistant Mayor Cohen nominated Councilman Sanz. Mr. Gonzalez clarified the motion. Motion: To choose Miami Christmas Lights establish the upper budget to $150,000, convene a workshop setting to select the final design. Action: Approve, Moved by Mayor Martin Packer, Seconded by Councilman Seth Salver. Motion passed unanimously by voice vote. Councilman Groisman clarified that the motion was for this year to, which Mr. Gonzalez replied, yes, and then asked the Council to appoint a point person. Councilman Sanz offered to be the point person. Mayor Packer appointed Councilman Sanz as the point person. R9C FOLLOW-UP TO THE DISCUSSION REGARDING BICYCLE RENTAL PROGRAM IN BAL HARBOUR VILLAGE. (ASSISTANT MAYOR PATRICIA COHEN) Mr. Gonzalez described the possibility of expanding the shared bike program into Bal Harbour. Of the three locations recommended by the company, he recommended a single location by the Jetty. The bikes themselves are sponsored by Citibank, but there may be branding opportunities on the racks. Councilman Sanz spoke. Mayor Packer asked a question regarding remuneration, to which Mr. Gonzalez replied that it would be a concession type agreement, but with only one rack. Mr. Gonzalez described how the bike rental would work. Assistant Mayor Cohen asked for clarification of membership. Mr. Gonzalez described how membership would work and stated that the company is willing to proceed, and that he could negotiate a contract and come back to the Council. Councilman Groisman praised the program and stated that his concerns had been addressed, and that he supported the program. He stated that the Collins Ave location is an issue. Mr. Gonzalez recommended location 1 (the Jetty), cautioned on location 2 to maintain the pristine beach, did not recommend location 3 (Collins Ave.). Motion: To move forward with location 1 (the Jetty), Action: Approve, Moved by Councilman Seth Salver, Seconded by Councilman Jaime M. Sanz. Motion passed unanimously by voice vote. Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 Pa g 116 R9D DISCUSSION REGARDING GREENSPACE LOCATED BETWEEN THE ENTRANCE TO THE GATED RESIDENTIAL COMMUNITY AND COLLINS AVENUE - DEFERRED (ASSISTANT MAYOR PATRICIA COHEN) R9E DISCUSSION REGARDING THE APPOINTMENT OF COMMITTEE MEMBERS TO VILLAGE CoMMITTEEs- DEFERRED (ASSISTANT MAYOR PATRICIA COHEN) R9F DISCUSSION REGARDING THE PROCESS INVOLVED FOR HANDLING PUBLIC RECORDS REQUESTS - DEFERRED (ASSISTANT MAYOR PATRICIA COHEN) R9G DISCUSSION REGARDING SERVICES PROVIDED THROUGH MUTUAL AID AGREEMENTS TO BAL HARBOUR VILLAGE - (ASSISTANT MAYOR PATRICIA COHEN) Mr. Gonzalez introduced the item and asked Chief Overton to speak. Chief Mark Overton spoke regarding a burglary at the Bal Harbour Shops in which North Miami Beach PD had processed the CSI. He stated that it is not uncommon to use other departments. He stated that he is preparing his department to be certified, is buying the CSI kit and will have CSI capability by end of the year. Assistant Mayor Asst. Mayor Cohen stated why she brought this discussion to Council and expressed her desire to bring CSI capability in-house and be self-sufficient. Councilman Sanz praised Chief Overton for the police presence on Collins Ave. R9H - PUBLIC COMMENT Ree Kelly (2000 Towerside Ter., Miami Shores) spoke regarding 3 issues: 119 RAC request; what is happening with the FBI investigation of the Police; and January 28, 1986 council meeting minutes - Resolution #303. Daniel Holder (24 Bal Bay Dr.) discussed Bay Harbor's adoption of hours of construction and the Bal Harbour shop negotiations. Mr. Weiss stated that if Councilman Sanz left, because of the discussion of the shops, quorum would be lost, so it would be better to discuss the Shops at a later date. Steve Greenberg (9930 Collins Ave.) gave praise to Chief Overton, and Mayor Packer regarding the crosswalks. Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 q e 1 17 R1 O — VILLAGE MANAGER REPORT R10A VERBAL REPORT FROM THE VILLAGE MANAGER R11 — VILLAGE CLERK REPORT R11 A LOBBYIST REGISTRATION REPORT — REPORT AS OF JULY 21, 2015 Lobbyist report is in the Agenda packet. An update was handed out for the registration of Jonathan Kaskel, Attorney at Gunster earlier in the day R12 — VILLAGE ATTORNEY REPORT R12A VERBAL REPORT FROM THE VILLAGE ATTORNEY END OF REGULAR AGENDA ADJOURN: There being no further business, a motion was offe -d by Councilman Salver and seconded by Councilman Sanz to adjourn. Motion pass: d un nim • usly. Dwight S-- ani Village Clerk yor M'" In Packer Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 118