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HomeMy Public PortalAbout2016-10-31 Regular MeetingMayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz BAL HARBOUR - VILLAGE - VILLAGE COUNCIL REGULAR MEETING MINUTES OCTOBER 31, 2016 AT 8:00 P.M. Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman; P.L. Bal Harbour Village Hall • 655 - 96`h Street • Bal Harbour • Florida 33154 CALL TO ORDER/PLEDGE OF ALLEGIANCE- Mayor Packer called the meeting to order at 8:02 P.M. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth Salver (8:05 PM) Councilman Jaime Sanz Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Weiss, Village Attorney Susan L. Trevarthen, Village Attorney Stephanie Marquez, Deputy Village Clerk Eddie Block led the Pledge of Allegiance, which was followed by a moment of silence. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS (Council and LPA) MOTION: A motion to defer R7E was moved by Councilman Groisman and seconded by Mayor Martin Packer. VOTE: The motion passed by unanimous voice vote (5-0) W- Request to withdraw pending development applications from Bal Harbour Shops, LLC Mr. Gonzalez read a letter submitted by Bal Harbour Shops asking to withdraw their applications from consideration by the Village Council. Councilman Sanz left the dais (8:05 PM). Ms. Trevarthen summarized the item explained Section 21-51 of the Village Code. She stated that the effect of granting the request to withdraw the application would be that no application from the property, or any portion of it, would be granted a public hearing for a period of six months without Council approval. She further stated that if the request to withdraw is denied, the applications would be heard in this meeting, which could be approved or denied, and if denied, the same application could not be submitted for a public hearing for one year. She added that a revised application could be submitted. Amy Huber (Shubin Bass, Representing Bal Harbour Shops, LLC) commented that the Council had deferred the Shops applications until January 2017 until current litigation was resolved, then unilaterally and without notice, scheduled the hearing in October, before the November election, leaving the applicant with no choice but to withdraw their application. She stated that the Council has no right not to grant the withdrawal and that her position was that there was no application before the Council and there was nothing to decide. She further stated that while litigation was pending, she did not believe that there could be a fair and impartial hearing. Councilman Salver asked Ms. Huber if she agreed with the opinion that if the withdrawal was granted, no application regarding the property could be heard for a period of six months, to which Ms. Huber stated that she did not agree. A general discussion ensued regarding the reasons for with deferring the application until January 2017, with the Ms. Huber's opinion that it was deferred until pending litigation was resolved, and with the Village's opinion that the item was deferred because the applicant was entitled to one deferral. Daniel Holder (24 Bal Bay Dr.) urged the Council to deny the request for withdrawal. Neil Alter (9801 Collins Ave.) asked the Council how many lawsuits the Shops has initiated against the Village, to which Mr. Weiss listed the five complaints. Mr. Alter then asked Mr. Gonzalez if the budget for legal services had been exceeded, to which Mr. Gonzalez replied that it had. Mr. Weiss commented that Florida Courts have ruled that governmental bodies may have to reimburse costs for public records complaints. Ree Kelly (2000 Towerside Ter., Miami Shores) stated that the motivations of the Shops was political and related to money, after which, she read from a letter from she said was from the attorneys of the Balmoral Condominium Association. Irwin Shaab (9801 Collins Ave.) asked for clarification of the postponement of the Shop's application and clarification of a withdrawal versus a denial of the application, then urged the Council to tell the Shop's "we are not going to take it anymore." He then commented that as past president of the Balmoral Condo Association, he was not in agreement with the "deal made with the Bal Harbour Shops" and though he did not know the real story, the board was not supposed to coerce residents. Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a g 12 Lynn Bloch -Mullen (10150 Collins Ave.) commented that the Shops was not entitled to more than one deferral and urged the Council to deny the request for withdrawal. Brian Mulheren (10245 Collins Ave. commented that the Village is not for sale, spoke against the Shops. Mark Fisher (284 Bal Bay Drive) commented that something should be done (with the Shop's project) but not everything. He suggested that the whichever Council were to review the application in the future, they should recover the costs, accrued to date, in the negotiation process. Kent Harrison Robbins (Representing Asst. Mayor Cohen) described the effort that he has undertaken to date on the public records lawsuit against Assistant Mayor Cohen. MOTION: There was no motion to grant or deny the request to withdraw the application. Councilman Sanz returned to the dais. (9:00 PM) PRESENTATIONS AND AWARDS PA1 Certificate of Appreciation for Ruth Karp (MAYOR PACKER) REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA Assistant Mayor Cohen requested that items C7D and C7E be removed from the Consent Agenda for further discussion. MOTION: A motion to approve the remainder of the Consent Agenda was move by Councilman Seth Salver and seconded by Councilman Jaime Sanz. VOTE: The motion was approved by unanimous voice vote (5-0). C6 - COUNCIL MINUTES C6A 1st Budget Hearing and Regular Council Meeting Minutes - October 13, 2016 C6B 2nd Budget Hearing and Regular Council Meeting Minutes - October 20, 2016 Bal Harbour Village Regular Council Meeting Agenda - October 31, 2016 P 13 C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE APPROVING AND ACCEPTING FINAL SETTLEMENT FOR THE ACQUISITION OF PARCELS SS-01-01 and SS-00-03, OWNED BY MIAMI- BEACH HEIGHTS, A DISSOLVED CORPORATION, OF THE SANITARY SEWER UTILITY REPLACEMENT PROJECT; AND PROVIDING FOR IMPLEMENTATION; PROVIDING AN EFFECTIVE DATE. (VILLAGE ATTORNEY) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE APPROVING AND ACCEPTING FINAL SETILEMENT FOR THE ACQUISITION OF PARCEL SS-10-07, OWNED BY BAL HARBOUR MANOR CO-OP (10190 COLLINS AVENUE) OF THE SANITARY SEWER UTILITY REPLACEMENT PROJECT; AND PROVIDING FOR IMPLEMENTATION; PROVIDING AN EFFECTIVE DATE (VILLAGE ATTORNEY) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, ACCEPTING A UTILITY EASEMENT, BILL OF SALE AND AGREEMENT FROM CONSULTATIO BAL HARBOUR, LLC FOR WATER AND SEWER FACILITIES INSTALLED AT 10201 COLLINS AVENUE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A BEACH ACCESS EASEMENT AGREEMENT FROM CONSULTATIO BAL HARBOUR, LLC TO OWNERS OF PROPERTY WITHIN DESIGNATED PLATS FOR BEACH ACCESS FROM COLLINS AVENUE TO AND FROM THE PUBLIC BEACH ON THE OCEANA PROPERTY LOCATED AT 10201 COLLINS AVENUE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (VILLAGE MANAGER) MOTION: The item was move for discussion by Councilman Seth Salver and seconded by Councilman Gabriel Groisman. Mr. Gonzalez summarized the item describing the Development Agreement with the Consultatio and the requirements for a Temporary Certificate of Occupancy (TCO) one of which is a 25-foot-wide beach access path with limited the access times and Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a g electronic key fobs for the benefit of the residents west of Collins, inside and outside the gate, but not necessarily to the east side. Asst. Mayor Cohen questioned why easement was not granted to all Bal Harbour residents and commented that access times seemed restrictive. Carter McDowell (Bilzin Sumberg, Representing the Consultatio) described the agreed upon easement and the security issues expressed by the neighboring Plaza (of Bal Harbour Condo) and stated that easement was not granted to the general public or commercial properties. He stated that the access hours were specifically requested by the Plaza. Assistant Mayor Cohen expressed her concern regarding the time limitations, noting that public access to the beach at the north and south was available 24 hours per day to which Mr. McDowell replied that he would be willing to work with the Village Attorney for a reasonable time frame during winter months when daylight hours were shorter, while maintaining the requirements of the development agreement with respect to the Plaza. Councilman Groisman suggested amending the words "and/or" to "and" on Page 119, Paragraph 4; having a non -electronic option for the control system in addition to a fob; and adding language where the developer would not profit from the costs, and replacement costs, of the keys (fobs). Mr. McDowell expressed general agreement and said that he would explore language with the Village Attorney to address these concerns. Mayor Packer added that the Kenilworth has a similar key solution for its residents. Village Attorney Richard Weiss paused the discussion to ask members of the audience to restrain from talking so the court reporter could understand the conversation on the dais. Irwin Shaab (9801 Collins Ave) expressed his concerns that a manual code, versus a key, could be problematic if it needed to be changed. He also commented that residents on the east side should have access rights even though they may not use it very often. Beth Berkowitz (10160 Collins Ave.) asked access could be made available for the 70th Anniversary event, and commented that there has never been a complaint from the Plaza. Penny Sepler (10275 Collins Ave.) commented that she could not understand the safety concerns of the Plaza that caused access times to be limited to which Mr. McDowell commented that the Council had voted on the conditions of the Development Agreement. Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 Councilman Groisman asked if there would be an issue to hearing this item at a future date, then left the dais (9:34 PM). Mr. McDowell replied that it would be an issue, then explained the reasons why this easement is not a public easement. Councilman Salver suggested setting definite access times. Village Attorney Richard Weiss suggested that Mr. McDowell and Gail Serota meet during this meeting to draft language that address the concerns expressed by the Council, then return later in the evening for Council consideration. Councilman Groisman - returned to the dais (9:40 PM). Brian Mulheren (10245 Collins Ave.) commented that the terms of the Development Agreement was never discussed in public, and that the access was required by fire code. Steve Greenberg (9930 Collins Ave.) commented that Mr. McDowell should demonstrate clearly how the easement would work. The item was deferred for consideration later on the Agenda. Mr. McDowell that the terms discussed this evening were properly noticed and published in the Agenda, and that any perception of back -room dealing was inaccurate. (9:48 PM) The item was brought before the Council at 11:03 PM. Gail Serota, Village Attorney explained the modifications to the beach access easement. Steve Greenburg (9930 Collins Ave.) commented that easement should be given for special events held by the Village, to which Mr. McDowell stated that easement was given to property owners not the Village (public), and that the property owner could agree at any time to work with the Village. Assistant Mayor Cohen commented that she did not feel there should be time restrictions. MOTION: A motion to pass C7D with the proposed modifications VOTE: The motion to approve the item with the proposed modifications passed by unanimous voice vote (4-0). Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A COLLINS AVENUE EASEMENT AGREEMENT FROM CONSULTATIO BAL HARBOUR, LLC TO OWNERS OF PROPERTY WITHIN DESIGNATED PLATS FOR ACCESS AND PASSIVE RECREATIONAL PURPOSES ON THE EASEMENT AREA SITUATED ALONG COLLINS AVENUE ON THE OCEANA PROPERTY LOCATED AT 10201 COLLINS AVENUE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) MOTION: A motion to approve the resolution was moved by Councilman Salver and seconded by Councilman Groisman. Village Manager Jorge M. Gonzalez summarized the item and commented that the Council may want to treat this item the same as C7D. Asst. Mayor Cohen expressed concerns about limiting access times on an open green space, to which Mr. McDowell commented that some rule needed to be in place in the event of abuse of access rights, but that he was willing to work with the Village Attorney to provide reasonable access times. Councilman Sanz questioned how many condominiums on the east side offer this amenity, and suggested that the Council allow Mr. McDowell the opportunity to work with the Village Attorney to address the concerns. Mark Fisher (284 Bal Bay Drive) expressed that a contract had been made and he urged the Council to move forward. The item was deferred for consideration later on the Agenda (9:56 PM). The item was brought before the Council at 11:10 PM. VOTE: The motion to approve the item with the proposed modifications passed by voice vote (3-1) with Assistant Mayor Cohen voting in the negative. C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, ACCEPTING A BEACH EASEMENT AGREEMENT FROM CONSULTATIO BAL HARBOUR, LLC FOR THE BENEFIT OF THE PUBLIC FOR A BEACH PARCEL OF LAND BOUNDED ON THE EAST BY THE EROSION CONTROL LINE AND ON THE WEST BY THE EAST LINE OF TRACT A OF THE OCEANA PROPERTY LOCATED AT 10201 COLLINS AVENUE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE (VILLAGE MANAGER) Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING STAFF TO ENTER INTO AN AGREEMENT WITH LS SIGN STUDIO FOR THE CREATION AND INSTALLATION OF VILLAGE - WIDE INFORMATIONAL SIGNAGE; AUTHORIZING THE INSTALLATION OF NEW INFORMATIONAL SIGNAGE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (TOURISM DEPARTMENT) C7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND AMERICAN TRAFFIC SOLUTIONS, INC. FOR THE TRAFFIC SAFETY CAMERA PROGRAM AND EXPENDITURE OF A FIXED FEE OF $4,250 PER MONTH; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (POLICE DEPARTMENT) Recess to convene Local Planning Agency Meeting Councilman Sanz left the dais at 10:16 PM. LOCAL PLANNING AGENCY MEETING Ms. Trevarthen explained that procedures for the Local Planning Agency Meeting then read the language for quasi-judicial hearings into the record. The Village Council of Bal Harbour Village, sitting in its capacity as the Local Planning Agency, will hold a public hearing to consider and make recommendations to the Village Council, regarding the items described below. Items LPA1 and R5A are the same, and Items LPA2 and R5B are the same. These two items are legislative in nature, and are related to quasi-judicial Item QJ1 because all three items relate to the .Shops project. Therefore, all of the Shops -related items (LPA1/R5A, LPA2/R5B and QJ1) will be presented concurrently. For these items, the applicant and the Village staff will make presentations and the Mayor will then entertain public comment. If you wish to comment on one of these agenda items, please inform the Mayor when he asks for public input on it. An opportunity for persons to speak will be made available after the applicant and staff have made their presentations on the item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Bal Harbour Village Regular Council Meeting Agenda - October 31, 2016 Additionally, for the quasi-judicial item QJ1 (the Shops Development Agreement), each person who gives or has given testimony may be subject to cross-examination under the Quasi -Judicial portion of the Regular Council Meeting Agenda. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight (with regard to QJ1). The general public will not be permitted to cross-examine witnesses, but the public may request the Village Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for their organization. Further details of the quasi -judicial procedures in Section 2-201, et seq., of the Village Code may be obtained from the Village Clerk. LPA ROLL CALL- Mayor Packer called the LPA meeting to order at 10:23 P.M. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth Salver Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Weiss, Village Attorney Susan L. Trevarthen, Village Attorney Stephanie Marquez, Deputy Village Clerk Members of the Council disclosed any ex parte communications and asked Council members if they were willing and able to make their determination only on evidence to placed into the record to which all members of the Council answered, yes. The Village Clerk then swore in those who would be providing testimony. Councilman Groisman asked for clarification that if either item fails, then the following items would not be heard, to which Ms. Trevarthen agreed. Village Manager Jorge M. Gonzalez recommended hearing item LPA2 first. Mr. Groisman then asked how the absence of the applicant would affect the hearing, to which Ms. Trevarthen recommended that the item should be heard. LPA1 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE REQUEST OF BAL HARBOUR SHOPS, LLLP FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a o e 19 LPA2 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. OPTION A: As Recommended by Administration OPTION B: As Submitted by Applicant MOTION: A motion to recommend denial of the ordinance for text amendments to the Village Code was moved by Councilman Groisman and seconded by Assistant Mayor Cohen. Mr. Gonzalez described the sequence of events leading to the application in front of the Council this evening. He then described the changes between this application and the previous application, explaining that he had not negotiated the current agreement, per order of the Council. Michael Miller, Village Planner provided a zoning history of the property and described the requested text amendments and recommend that the Council consider the Staff recommendations. Beth Berkowitz (10160 Collins Ave.) commented that the Zoning Code text amendment changes apply to all the properties in the Business District, to which Mr. Gonzalez responded that it would not apply to the SunTrust property. David Paul (9801 Collins Ave) spoke as an owner and not a representative of the Balmoral Condo Association, opposing the proposed text amendments to the Village Code. Daniel Holder (24 Bal Bay Dr.) spoke against the proposed text amendments to the Village Code. Lynn Bloch -Mullen (10150 Collins Ave) spoke against the proposed text amendments to the Village Code and spoke against the Church by the Sea. Irwin Shaab (9801 Collins Ave) commented on the absence of the applicant and spoke in favor of the denial of the request to amend the Zoning Code. Brian Mulheren (10245 Collins Ave.) spoke against the Shops and commented that nothing should be approved for them commenting that they are not good neighbors. Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 110 Councilman Salver commented that he had gone over the proposed plans in significant detail and stated that the level of the ask does not justify the public benefit. Councilman Groisman commented that the balance between the residential buildings, the residential homes and the Shops works, but that this application falls short in maintaining that balance in regards to community benefit. VOTE: The motion to recommend denial of the ordinance for text amendment changes to the Village Code passed by unanimous voice vote (4-0). ROLL CALL Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz Mayor Martin Packer X Ms. Trevarthen stated that since this LPA2 failed, LPA1 was moot, and recommend adjourning the LPA meeting. Adjourn and reconvene the Regular Council Meeting (10:59 PM) REGULAR COUNCIL MEETING AGENDA R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE REQUEST OF BAL HARBOUR SHOPS, LLLP FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS; AND FOR AN EFFECTIVE DATE. Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 - 111 OPTION A: As Recommended by the Administration OPTION B: As Submitted by the Applicant Ms. Trevarthen explained that R5A is moot and recommended that the Council now consider R5B, noting that the representatives of the Shops were not present. MOTION: A motion to accept the recommendation of the LPA and deny the ordinance for text amendments to the Village Code was moved by Mayor Martin Packer and seconded by Assistant Mayor Cohen. VOTE: The motion passed by unanimous voice vote (4-0). ROLL CALL Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz Mayor Martin Packer X QJ- QUASI JUDICIAL ITEMS (FOLLOWING THE PROCEDURES OF SECTION 2-201 ET SEQ., VILLAGE CODE) Ms. Trevarthen stated that QJ1 was moot. QJ1 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN BAL HARBOUR SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING VILLAGE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A SIGN PERMIT FOR A MONUMENT SIGN TO BE LOCATED AT 10201 COLLINS AVENUE, CONSISTENT WITH THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (Oceana) (BUILDING DEPARTMENT) Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 112 This item was considered at 9:57 PM. MOTION: The resolution was moved for discussion by Mayor Martin Packer and seconded by Councilman Jaime Sanz. Village Manager Jorge M. Gonzalez summarized the item describing location and the design of the proposed sign. Councilman Groisman commented that the law does not permit the Council to make a determination on the design of the sign, only whether or not it meets the Village Code. VOTE: The resolution was approved by unanimous voice vote (5-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PERMIT FOR TWO STATUES TO BE LOCATED AT 10201 COLLINS AVENUE, CONSISTENT WITH THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE (Oceana) (BUILDING DEPARTMENT) Village Manager Jorge M. Gonzalez summarized the item. MOTION: The resolution was moved for discussion by Councilman Seth Salver and seconded by Councilman Gabriel Groisman. VOTE: The resolution was approved by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PERMIT FOR A STATUE TO BE LOCATED AT 10205 COLLINS AVENUE, KENILWORTH CONDOMINIUM, CONSISTENT WITH THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (BUILDING DEPARTMENT) MOTION: The resolution was moved for discussion by Councilman Groisman and seconded by Councilman Jaime Sanz. Village Manager Jorge M. Gonzalez summarized the item describing the proximity of the sculpture to the sidewalk. VOTE: The resolution was approved by unanimous voice vote (5-0). Councilman Sanz commended the Kenilworth in helping the Village bring art to Bal Harbour. Bal Harbour Village Regular Council Meeting Agenda - October 31, 2016 113 Mayor Packer described an upcoming Art Chat that would highlight the Kenilworth art collection. R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH SAFEGUARD AMERICA, INC. D.B.A. AMERICAS TRANSPORTATION.COM AND THE VILLAGE OF BAL HARBOUR TO OPERATE SCHEDULED COMMUNITY SHUTTLE SERVICES AND ADDITIONAL SHUTTLE SERVICE AS REQUIRED AT ESTABLISHED RATES, IN THE AMOUNT NOT TO EXCEED ANNUAL APPROPRIATED FUNDS FOR THESE SERVICES, FOR AN INITIAL THREE YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE AGREEMENT FOR SUBSEQUENT THREE YEAR PERIODS AS REQUIRED; AUTHORIZING THE EXPENDITURE OF ANNUAL APPROPRIATED FUNDS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (PARKS AND PUBLIC SPACES DEPARTMENT) MOTION: The resolution was moved for discussion by Mayor Martin Packer and seconded by Assistant Mayor Patricia Cohen. Village Manager Jorge M. Gonzalez summarized the item commenting that the recent contract, having expired, is on a month -to -month arrangement, and that the current vendor has expressed a desire to continue with the Village, but with increased costs. He then explained that staff then researched other vendors. Assistant Mayor Cohen reaffirmed that the bus was owned by the Village. Councilman Groisman suggested changes to the contract language on Page 3 of 13 of the agreement and adding willful or intentional conduct to broaden indemnification. Assistant Mayor Cohen commended John Oldenburg, Director of Parks and Public Spaces. VOTE: The resolution passed by unanimous voice vote (5-0). R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE DECLARING THAT ACQUISITION THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN OF PRIVATE PROPERTY INTERESTS IN THE PARK SITE LOCATED AT THE INTERSECTION OF COLLINS AVENUE AND HARBOUR WAY WILL SERVE A PUBLIC PURPOSE AND IS NECESSARY TO PROVIDE ADEQUATE RECREATIONAL OPEN SPACE TO VILLAGE RESIDENTS LIVING IN MULTIFAMILY HOUSING; AUTHORIZING THE VILLAGE MANAGER AND ALL OTHERS ACTING ON HIS BEHALF TO ACQUIRE THE NECESSARY PROPERTY INTERESTS Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a ° 114 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 Department of Environmental Protection's (DEP) Toxic Water Quality Rule. (COUNCILMAN SETH SALVER) Councilman Salver summarized the item. Councilman Groisman suggesting having a colleague (Paul Schwiep), knowledgeable in this area, explore the issue and make recommendations for a resolution to be brought back in front of the Council. R9B Public Comment Steve Greenberg (9930 Collins Ave.) commended Councilman Groisman, Mr. Gonzalez, Mayor Packer, Assistant Mayor Cohen, and Councilman Salver and Joe lmbesi. He then asked Mr. Gonzalez to provide the status of the crosswalk. Councilman Groisman commented on the timing of the crosswalk in front of the Consultatio. R1 O - VILLAGE MANAGER REPORT R1 OA (VILLAGE MANAGER) R1 1 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) R12 - VILLAGE ATTORNEY REPORT R1 2A Kent Harrison Robbins legal fees update Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P _ 115 END OF REGULAR AGENDA ADJOURN The meeting was adjourned at 11:18 PM Attest: r Dwight S. Dale, Village Clerk Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 Page 116