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HomeMy Public PortalAbout2016-11-22 Regular MeetingMayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilwoman Patricia Cohen Councilman Jeffrey P. Freimark BAL HARBOUR - VILLAGE - VILLAGE COUNCIL REGULAR MEETING MINUTES NOVEMBER 22, 2016 AT 7:00 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 - 96th Street • Bal Harbour • Florida 33154 CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to order at 7:08 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Councilman Jeffrey Freimark Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Weiss, Village Attorney Stephanie Marquez, Deputy Village Clerk The Pledge of Allegiance was led prior to the General Employees' Pension Board Meeting. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS - There were none. PRESENTATIONS AND AWARDS REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6 - COUNCIL MINUTES C6A August, 2, 2016 Special Council Meeting Minutes C6B September 30, 2016 Public Meeting and Executive Session Minutes C6C October 31, 2016 Regular Council Meeting Minutes Agenda Item C6B C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE DONATION OF $5,000.00 OF LAW ENFORCEMENT TRUST FUNDS TO "DO THE RIGHT THING OF MIAMI, INC."; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (POLICE DEPARTMENT) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DESIGNATING USED IPADS AS SURPLUS PROPERTY; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (INFORMATION TECHNOLOGY) MOTION: A motion to approve the Consent Agenda was moved by Assistant Mayor Salver and seconded by Councilwoman Cohen. VOTE: the motion passed by unanimous voice vote (5-0). R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 13, "PENSIONS AND RETIREMENT BENEFITS," IN ACCORDANCE WITH THE FAVORABLE DETERMINATION LETTER FROM THE INTERNAL REVENUE SERVICE; BY AMENDING THE POLICE OFFICERS' PENSION PLAN AT SECTION 13-42 "SAME -RETIREMENT DATES AND RETIREMENT BENEFITS", SECTION 13-45 "SAME -TERMINATION OF EMPLOYMENT", SECTION 13-49 "SAME -AMENDMENT, TERMINATION AND DISCONTINUATION OF PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. (First Reading) (VILLAGE MANGER) Mr. Weiss offered suggestions to the Council regarding rules of procedure then introduced the item. Mr. Gonzalez provided an overview of the item, stating that existing benefits would not change, that the changes are to ensure that the qualified plan remains qualified. MOTION: The item was moved for discussion by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen. Councilman Freimark asked for a summary of the items, to which pension attorney Bob Freeman, Holand and Knight, provided a background and summary of the item. He stated that in 2007 the IRS wanted pension ordinances reviewed for compliance with tax laws and the Village had applied for determination letter in January of 2009. He stated that it took the IRS seven years to issue determination letter having had issues with the DROP (Deferred Retirement Options Plan), but then issued a favorable determination letter for the Village. He stated that a second application was filed in January of 2016 to stay within IRS program, and that application is still pending., but in the meantime, the IRS has terminated the determination Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 Page 12 program not file more applications. He then reviewed changes required to be made for the Village to remain qualified for Sections 13-42(j)(3), 13-42(m), 13-45(e) abd 15-53, after which he gave a brief description of the DROP. There was no public comment. Mayor Groisman commented that a roll call vote could be taken in any order and that the order of procedure will be having the Village Clerk read the title of the item, followed by a report by the Village Manager, and then ask for a motion. VOTE: The motion passed by unanimous roll call vote (5-0). ROLL CALL Yes No Councilman David Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey Freimark X Mayor Gabriel Groisman X Assisant Mayor Seth Salver X R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AFFIRMING THE VILLAGE'S OPPOSITION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AND ENVIRONMENTAL REGULATION COMMISSION'S WEAKENING OF HUMAN HEALTH PROTECTIONS THROUGH NEW HUMAN HEALTH -BASED WATER QUALITY CRITERIA FOR OUR WATERS; URGING THE U.S. ENVIRONMENTAL PROTECTION AGENCY TO NOT APPROVE FLORIDA'S PROPOSED HUMAN HEALTH -BASED WATER QUALITY CRITERIA; DIRECTING THE APPROPRIATE VILLAGE OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), ALL STATE REPRESENTATIVES AND SENATORS REPRESENTING BAL HARBOUR VILLAGE AND THE OFFICE OF THE GOVERNOR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mr. Gonzalez introduced the item. MOTION: The item was moved for discussion by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen There was no public comment. Assistant Mayor Salver gave thanks to the previous Council for bringing this before the Council and getting on the right side of the issue. VOTE: The motion passed by unanimous voice vote (5-0). Ba1 Harbour Village Regular Council Meeting Minutes — November 22, 2016 3 R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A 2017 Meeting dates - Discussion of tentative dates for Council meetings in calendar year 2017. Mr. Gonzalez summarized the item stating that traditionally the Council has met on the third Tuesday of each month, and that reviewing the calendar of holidays, the Administration is recommending the third Tuesday, with the exception of April and December. Councilman Freimark stated that he had conflicts the January 17th and October 17th meetings. Mr. Gonzalez explained that members could participate electronically as long as there was quorum in the room. Councilwoman Cohen commented that last year, residents had issues with the movement of meeting dates to accommodate Council members and urged the Council to respect the third Tuesday of the month. A general discussion ensued regarding the movent of the October meeting with the understanding that the issue would return on the December 2016 agenda. R9B Public Comment Steve Greenberg (9930 Collins Ave) welcomed the new Council and recommended the formation of a mini -league for young basketball players and the utilization of the Recreation Center for after school programs. Councilwoman Cohen commented that this issue is on the radar, and that there is plenty of interest in it. Mayor Groisman added that the current basketball program has been very successful, and that it's expansion should be considered. Neil Alter (9801 Collins Ave.) congratulated the new Council and praised Steve Greenburg's experience and expertise in basketball. Penny Sepler (10275 Collins Ave.) praised the new Council then recommended the annual 5K race be named in honor of Chief Mark Overton. She then recommended repopening the discussion regarding redistricting and term limits. Mayor Groisman stated that in Public Comments section of the agenda, no action will be taken. Ree Kelly (2000 Towerside Ter., Miami Shores) congratulated the new Councilmembers and the new Mayor. She then commented that she found it extraordinary that the Village does not want the parks in the Gated Community. Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 1 R10 - VILLAGE MANAGER REPORT R1OA (VILLAGE MANAGER) Mr. Gonzalez introduced reprentatives from the Florida Department of Transportation to speak about the two-year project set to begin in January of 2017 regarding work on the Herman Faultz Bridge crossing Baker's Haulover Inlet. He provided a brief description of the project and stated that the area beneath the bridge (south end) was leased to Bal Harbour Village by FDOT. Mario Cabrera P.E. (Florida Department of Transportation) described the work to be done including fixing concrete elements, minor structural repairs, replacing bearings, cleaning and painting , and adding new seawalls on the North and South side. Councilman Albaum asked for the contractorsname to which Mr. Cabrera replied that it would be Kiewit Construction. Councilman Albaum then asked if there was an incentive clause for finishing the project early, to which Mr. Cabrera responded that there was not. Councilman Albaum asked Mr. Cabrera to describe the traffic, to which Mr. Cabrera replied that at times, there may be lane closures, that the project would be phased, pedestrian traffic would not be blocked and the work areas would be kept clean. Councilman Freimark asked for a clear description of traffic lane closures to which Mr. Cabrera and Jose Morales (FDOT) commented that lane closures would not occur often, that they would be of short intervals or rolling stops that would occur at night or non -peak hours. Councilman Freimark commented that non -peak hours differed on weekends and holidays, to which Mr. Cabrera responded that it was not his aim to create hardships for the public, and that if problems arose, construction times would be modified. Councilwoman Cohen asked how the Community had been notified, to which Mr. Cabrera responded that letters had been sent to residents. A general discussion ensued regarding extra effort in noticing residents. Mr. Gonzalez stated that it was his understanding that road closures would occur while elevating the bridge to which Mr. Cabrera agreed and added that there may be other times. Mr. Gonzalez suggesting having a direct liason between FDOT and our Police Department to keep current with the proposed work, and Assistant Mayor Salver added the the utilization of WENS was an essential communication tool. Councilman Albaum asked if a comprehensive evaluation of the entire bridge had been conducted, to which Mr. Cabrera stated that all deficiencies should be addressed. Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 Page 15 Mayor Groisman asked for clarification of the seawall work, to which Mr. Morales replied that it would only occur within the FDOT right-of-way. Mayor Groisman then asked for the loss of parking spaces during the project, to which Mr. Cabrera replied that part of the parking would be a permanent staging (18 spaces), the remaining being impacted during different parts of the project. A general discussion ensued regarding access to loading vehicles and pedestrians and sufficient and safe closure and appearance of the staging area. Mayor Groisman asked for clarification of the FDOT lease to which Mr. Gonazalez stated that the agreement included revenue -sharing and that revenue would be decrease for both the Village and FDOT. Councilwoman Cohen asked if the Village could have input on the color for painting the bridge to which Mr. Cabrera commented that he would review the contract and work with the Village as much as he could. Sandra Bello (Florida Department of Transportation) provided a brief description of the public outreach program. R1 1 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) R1 2 - VILLAGE ATTORNEY REPORT Village Attorney Richard Weiss announced that he would be scheduling Executive Sessions for the Bal Harbour Shops vs Bal Harbour Village (certiorari), Bal Harbour Yacht Club and Flamingo Way, Bal Harbour Shops vs Bal Harbour and Patricial Cohen, and Flamingo Way vs Bal Harbour replat cases and and update of the "Gate Park" before the next Council meeting. Councilwoman Cohen commented that there is no settlement now contrary to rumors and heresay, to which Mr. Gonzalez responded that after the attorney/client sessions the items would return to the Council in a public meeting. Councilman Albaum asked that an discussion item regarding the Bal Harbour Shops vs Patricia Cohen be placed on the December agenda. R1 2A Kent Harrison Robbins legal fees update R1 2 B Update on the "Gate Park" Bal Harbour Village Regular Council Meeting Minutes - November 22, 2016 Pag 16 The meeting was adjourned at 8:16 PM Gabriel Groisman Dwight $anie, Village Clerk END OF REGULAR AGENDA One or more members of any Village Committee/Board may attend this meeting of the Council and may discuss matters which may later come before their respective Boards/Committees. The Other Business Section includes public comment. On public comment matters, any person is entitled to be heard by this Council on any matter; however, no action shall be taken by the Council on a matter of public comment, unless the item is specifically listed on the agenda, or is added to the agenda by Council action. Any person who acts as a lobbyist, pursuant to Village Code Section 2-301 (Lobbyists), must register with the Village Clerk, prior to engaging in lobbying activities before Village staff, boards, committees, and/or the Village Council. A copy of the Ordinance is available in the Village Clerk's Office at Village Hall. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Village Clerk's Office (305-866-4633), not later than two business days prior to such proceeding. All Village Council meeting attendees, including Village staff and consultants, are subject to security screening utilizing a metal detector and/or wand, prior to entering the Council Chamber, Conference Room, or other meeting area located within Village Hall. This is for the safety of everyone. Thanks for your cooperation. Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 l 7