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HomeMy Public PortalAbout2019-09-17 Regular MeetingiMayor Gabriel Groisman Assistant Mayor Seth E. Salver '..'Co,-uncilman DavidJ. Albaum Councilman Jeffrey P. Freimark Councilman Buzzy Sklar BAL HARBOUR Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. Bal Harbour Village Council Second Budget Hearing & Regular Village Council Meeting Minutes September 17, 2019 At 7:00 PM Bal Harbour Village Hall 655 - 96th Street 9 Bal Harbours Florida 33154 CALL. TO ORDER/ PLEDGE OF ALLEGIANCE- Mayor Groisman called the meeting to order at 7:04 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark Councilman Fuzzy Sklar Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. Ms,. Trevarthen announced that Councilman Sklar had pointed out that the title of Agenda Item C7A should be corrected to say 2COP License instead of 11 C License. The Budget Hearing Items were then considered at 7:06 PM. PA1 Seaweed Presentation - Miami -Dade County This item was presented at 7:12 PM after the Second Budget Hearing. Sally Heyman, Miami -Dade County District 4 Commissioner (1 1 1 NW 1 st Street, Miami) Ms. Trevarthen in her efforts regarding whistleblower protection, then provided a brief update of District 4 projects, including the temporary closure of the Skate Park for repairs and enhancements, and the proposed option for the Village Clerk to remit payments to the Village for non- moving violations. She praised Chief Raleigh Flowers for his work with civil citation rulemaking. Ms. Heyman that described on -going efforts to in seaweed mitigation and introduced Lee Hefty (Department of Environmental Resources Management), and Maria Nardi (Director for Miami -Dade County Parks). Ms. Nardi described the collaborative efforts of multiple agencies in addressing the seaweed issue in Miami -Dade County. She said that not of the test conducted show that there is a health risk. She said that DERM has received an annual permit and a special condition permit for heavy equipment during turtle season. Councilman Sklar said that he has read that there are trace elements of arsenic and other heavy metals in the seaweed and asked if tests for these were being conducted, to which Mr. Hefty responded that only the air was being tested and added that he could collect and test sand samples. Councilman Albaum asked for how long the funding that the County has received would be budgeted, to which Mrs. Nardi responded for approximately eight months. Mayor Groisman described the creation of a steep step caused beach erosion that has created a safety issue on the Beach. John Oldenburg (Director of Parks and Public Spaces) described the daily efforts for beach grading. Mr. Hefty said that if there is enough sand on the beach, regrading is possible, otherwise beach renourishment would be helpful. Mayor Groisman asked if there was a process in place to control emergency hotspots for dangerous conditions, to which Ms. Nardi said that DERM would require a permit from the State and Feds for heavy equipment. There was a general consensus to coordinate, in the next two weeks, an effort by DERM, Parks and the Village, to investigate the beach condition and find a solution to enhance public safety. Mr. Hefty then described the $158 million in Federal funding from a bi-partisah budget act that will be used for beach renourishment. And he described the status of the sand bypass project. Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting P a o e 1 2 Minutes — September 17, 2019 CONSENT AGENDA C6A - COUNCIL MINUTES C7 - CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT THE LA PASTILLA LLC, DBA KING DAVID CUISINE APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO FOR AN 11 C LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C713 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE VILLAGE MANAGER'S DECLARATION, EXTENSION AND TERMINATION OF A STATE OF EMERGENCY DUE TO HURRICANE IRMA; RATIFYING THE VILLAGE MANAGER'S ACTIONS TAKEN PURSUANT TO HIS POWERS UNDER THE VILLAGE STATE OF EMERGENCY AND THE FLORIDA GOVERNOR'S EXECUTIVE ORDER 17-235 DECLARING A STATE OF EMERGENCY FOR THE STATE OF FLORIDA FOR HURRICANE IRMA; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A Motion to pass the Consent Agenda was moved by Assistant Mayor Seth Salver and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS," AT ARTICLE II " PERMITS AND INSPECTIONS" OF THE VILLAGE'S CODE OF ORDINANCES TO REVISE SECTION 6-42 " CONSTRUCTION ACTIVITIES IN THE SECURITY DISTRICT OF RESIDENTIAL SECTION" TO PROVIDE FEES RELATED TO CONSTRUCTION ACTIVITIES TO FUND ENHANCED SECURITY, ROAD, AND OTHER IMPROVEMENTS RELATED TO CONSTRUCTION ACTIVITIES; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS, AND FOR AN EFFECTIVE DATE. (Second Reading) Mr. Gonzalez introduced the item saying that, through the budget process, the Civic Association had requested that the Village reinstitute a fee, which had been in place until two years ago, on all construction projects within the Residential Section. He said that the Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting P a g e 1 3 Minutes — September 17, 2019 fee would apply to projects that would cost over $100 thousand and would be equal to one half of one percent (.5%) of the construction value to be deposited in the Gated Community Fund. There were no comments from the public. Councilman Sklar reiterated his opinion that these fees should be collected and administered by the Civic Association. MOTION: A Motion to pass the Ordinance on second reading was moved by Assistant Mayor Seth Salver and seconded by Councilman David Albaum. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark�x� Councilman Buzzy Sklar I X VOTE: The Motion passed by unanimous roll call vote (4-1) with Councilman Buzzy Sklar voting against. SECOND BUDGET HEARING These items were heard, beginning at 7:06 PM, at the beginning of the meeting. R7 - BUDGET RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OFTHE VILLAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020, PURSUANT TO SECTION 200.065, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) Mr. Gonzalez read the State -required budget statement and asked that the presentation from the October 10, 2019 First Budget Hearing be incorporated into the record. There were no comments from the public. MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and seconded by Assistant Mayor Seth Salver. Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting P a s e 1 4 Minutes — September 17, 2019 VOTE: The Motion passed by unanimous voice vote (5-0). R7113 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, APPROVING AND ADOPTING THE FINAL BUDGET AND CAPITAL IMPROVEMENT PLAN FOR BAL HARBOUR VILLAGE FOR FISCAL YEAR 2019-20; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez read the State -required budget statement and again asked that the presentation from the October 10, 2019 First Budget Hearing be incorporated into the record. Babak Raheb (128 Balfour Drive) stated his objection that the Village does not have the authority to assess a special district unless it is authorized for Miami -Dade County, and said that all assessments must be used for a public purpose, not for a private entity. MOTION: A Motion to pass the Resolution was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). REGULAR COUNCIL MEETING AGENDA R7 - REGULAR COUNCIL MEETING RESOLUTIONS R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A DONATION OF $50,000 FROM FISCAL YEAR 2019-2020 RESORT TAX FUND BALANCE TO THE MIAMI-DADE HOMELESS TRUST FUND; DIRECT STAFF TO INCLUDE DONATION AS A RECURRING EVENT EXPENSE IN FUTURE YEARS, TO BE APPROVED ANNUALLY THROUGH THE BUDGETARY PROCESS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. This item was heard at 7:53 PM after Agenda item RSA. Mr. Gonzalez introduced the item that was in front of the Council per direction of the Council during its October 10, 2019 meeting. Mayor Groisman thanked Councilman Albaum and Councilman Freimark for their efforts in bringing this item to the Council. Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting a 0 e 15 Minutes — September 17, 2019 Steve Greenburg (9930 Collins Avenue) asked if there was a time limit for the funds and whether or not there would be some oversight on how the funds are used, to which Mayor Groisman said thatthe funding would be reviewed annually as part of the budget process. Victoria Mallette (Executive Director, Miami -Dade County Homeless Trust) said that she would follow-up on how the funds were being used with the Village. Councilman Sklar reiterated his concern that the donation of public money for donations could be a slippery slope. Mayor Groisman and Assistant Mayor Salver expressed their support of the Homeless Trust and their efforts in tackling the issue of homelessness. MOTION: A Motion to pass the Resolution was moved by Councilman David Albaum and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE AGENDA FOR THE 2020 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez provided a brief history of the item explaining that the list in front of the Council was compiled by Ron Book, lobbyist for Bal Harbour Village. Mayor Groisman added that previously the Mr. Book had prepared a much longer list for multiple municipalities, and the focus by the Village on a short list has helped identify whether or not Village priorities were being achieved. He said that the issue for home rule is a primary legislative priority for the League of Cities at the County and the State Level, and that reasonable gun control and homeless issues should not be the Village's priorities. Mr. Gonzalez suggested moving the beach renourishment issue to a lower priority, in that it is not a money ask, but a desire to move the project along in accepting the project and plan. Councilman Freimark suggested removing the funding language for items 4 and 5 on the list. There were no comments from the public. Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting p a 0 e 1 6 Minutes — September 17, 2019 MOTION: A Motion to amend the Legislative Agenda list, striking Items 1, 6, and 7, to strike the parentheticals (funding language) from Items 4 and 5, and reversing Items 4 and 5 was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion to amend passed by unanimous voice vote (5-0). MOTION: A Motion to pass the Resolution as amended was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). WE A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; EXPRESSING THE VILLAGE'S OPPOSITION TO OFFSHORE DRILLING ACTIVITIES, INCLUDING SEISMIC AIRGUN BLASTING; PROVIDING DIRECTION TO VILLAGE OFFICIALS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that it was in front of the Council as a result of a discussion item led by Councilman Sklar and further direction by the Council. Councilman Sklar added that this is a preemptive strike wherein Bal Harbour Village would be joining in with 300 municipalities. Catherine Udin (Oceana - 1120 Lion Tree Street, Hollywood) described her organizations efforts in the opposition of off -shore drilling and seismic air gun blasting, and the risk involved in neglecting coastlines. Cristina Boeri (432 W 29th Street, Miami Beach), member of Surfrider Foundation, expressed her concerns regarding offshore drilling and seismic air gun blasting and spoke in favor of the resolution. Brad Hallock (431 W 29th Street, Miami Beach) spoke in favor of the resolution, saying that it is necessary to understand the value of the ocean. Mayor Groisman acknowledged that the resolution was preemptive in that no offshore drilling is occurring in Southern Florida, but cautioned that being that the economy is reliant on oil and gas, that we shouldn't just be practicing NIMBY (Not In My Back Yard). MOTION: A Motion to pass the Resolution was moved by Councilman Buzzy Sklar and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting F 17 Minutes — September 17, 2019 R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion Item -Building Beyond the Building Restriction Line in the Ocean Front District Mr. Gonzalez introduced the item saying that representatives of the Tiffany had approached the Building Department seeking a build gym beyond the building control line which the Village Code defines what can be built. He said that it would not likely meet the hardship requirements of a variance, an ordinance text amendment adding gym could be a solution. R913 - PUBLIC COMMENT Juan Linares, Building Architect (1600 South Dixie Highway, Boca Raton) described the existing and proposed use. Mr. Gonzalez added thatthe project would be reviewed by the Architectural Review Board after having been properly noticed. Councilman Freimark asked for clarification of the uses in the existing spaces, to which Mr. Linares provided renderings of the existing and proposed space. There was a general consensus from the Council to provide direction to the Manager to bring the item back to Council, and providing appropriate notice to all the buildings on the beachfront, and maintaining the prohibition of overnight accommodations. Steve Greenburg (9930 Collins Avenue) agreed that Councilmembers should walk to the beach to review existing conditions and suggested that this item should be considered when the residents after the summer season. He added that it is time to reconsider having term limits and a ten-year freeze on council pay raises. R10 - VILLAGE MANAGER'S REPORT R11 - VILLAGE CLERK'S REPORT Lobbyist Report R12 - VILLAGE ATTORNEY'S REPORT Ms. Trevarthen provided an update on the single -use plastics ordinance and the decision on the case with Coral Gables, suggesting either delay enforcement or amending the ordinance. She added that Coral Gables has invited cities to filing or signing onto an amicus brief as their case heads to the Supreme Court. Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting P a Q e 1 8 Minutes — September 17, 2019 Having spoken with the Village Attorney, Councilman Sklar suggested keeping the plastic bags prohibition intact, but not enforce it, and said that he would prefer to take a backseat and monitor the Supreme Court before joining in a brief. Mayor Groisman agreed with monitoring the litigation and said that he was concerned with the plastic bags language staying intact. Ms. Trevarthen stated there is a statute that allows people to file for attorney's fees, costs and damages if enforced, but if there is no enforcement there are no damages that can be claimed. Mayor Groisman said that the Village could be sued for injunctive relief and that that it is question of risk, and suggested modifying the ordinance. There was a general discussion regarding whether or not the Village would have sufficient time after receiving official notice, to pass an ordinance removing the plastic bag prohibition. There was a general consensus to leave the ordinance intact, but not enforce the plastic bag prohibition, and if a notice is received, immediately bring forth an ordinance to amend the language, and to not be part of the amicus brief. Mayor Groisman described his meeting with Sasha Olsen, a 10-year old Bal Harbour Village resident and student at Pinecrest, who started a project called "I Want My Ocean Back." END OF REGULAR AGENDA - The meeting was adjourned at 8: Mavdr Ga}zlriel Groisman 7 Ei .2 it iL 10 II P -,IJR •��r y o�y� i Attest Dwight S. Danie, Village Clerk Bat Harbour Village Council 2nd Budget Hearing and Regular Village Council Meeting Page 19 Minutes — September 17, 2019