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HomeMy Public PortalAbout2017-02-21 Regular MeetingBAL HARBOUR Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilwoman Patricia Cohen Councilman Jeffrey P. Freimark - VILLAGE - VILLAGE COUNCIL REGULAR MEETING Minutes FEBRUARY 21, 2017 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 - 96`h Street • Bal Harbour • Florida 33154 CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Groisman Called the meeting to order at 7:02 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 Jay Weiss, Village Attorney Stephanie Marquez, Deputy Village Clerk The Pledge of Allegiance was led by Mayor Groisman. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests for additions, withdrawals or deferrals. PRESENTATIONS AND AWARDS Officer Madeleine Orr Recognition of Service - Mayor Groisman presented Officer Orr with a Village Proclamation. REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6 - COUNCIL MINUTES C6A January 17, 2017 Regular Council Meeting MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor Setj Salver and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (5-0). R1 Bal Harbour Shops Expansion Project R1A Approval of settlement agreements (VILLAGE MANAGER) Mayor Groisman introduced the item explaining that the Bal Harbour Shops had submitted a new set of plans to the Village in January, and that a proposition is in front of the Council to accept the dismissal of all lawsuits against the Village and Councilwoman Cohen and waiving of all fees. Ms. Trevarthen read the titles of of the two resolutions approving the filing of joint stipulations for voluntary dismissal without prejudice into the record then corrected scrivener's errors in the Resolution and accompanying Memo and suggested that the resolutions for each settlement be voted on separately. Councilman Salver thanked the Mayor Groisman for his efforts with the Shops in bringing the stipulations to fruition. Kent Harrison Robbins (Attorney representing Councilwoman Cohen) thanked members of the Council, the Village Clerk, the Village Attorney, and Councilwoman Cohen fortheir efforts. He stated that no evidence was found to supportthe allegations against Councilwoman Cohen and that he had filed motions for attorney's fees but that everyone felt that it was better to keep the budget under control. He stated that had presented a settlement offer, which was stonewalled until Mayor Groisman was able to close out the settlement. Councilwoman Cohen thanked Mr. Robbins and stated that, as she had alleged the first day, nothing was there. She stated that it was time to call it a day a celebrate that we are turning the page and going on. Babak Raheb (128 Balfour Drive) stated that he was not in favor of the settlements. Daniel Holder (24 Bal Bay Drive) asked if there were any strings attached to which Mayor Groisman stated that there were not. Brian Mulheren (10245 Collins Ave.) commented that the Shops had caused an undue burden to the Village and that it was not in the best interest of the Village to settle. Ree Kelly (2000 Towerside Ter., Miami Shores) stated that she was not in favor of the settlements. Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 12 MOTION: A Motion to approve the the first resolution (Case# 16-018499-CA-09) was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). MOTION: A Motion to approve the the second resolution (09Case# 16-005646-CA- 23) was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). Mr. Gonzalez recommended that the Council set April 4, 2017 as the date for a workshop where the Council and members of the public could hear presentations and have questions answered by the Bal Harbour Shops with no expectation of a Council vote, with subsequent Council meetings scheduled for April 25 and May 16, for Council consideration of the application. He stated that given the consent of the Council, he would begin preparations with the Sea View Hotel as the venue. Councilwoman Cohen stated that she was concerned with the size of the venue at the Sea View, given past attendance, and that one workshop may not be adequate given the complexity of the project. R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" AMENDING PERMIT AND PROCESSING FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) (BUILDING DEPARTMENT) (8:27 PM) Mr. Gonzalez introduced the item. There was no public comment MOTION: A Motion to approve the ordinance on second reading was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen X Councilman Jeffrey P. Freimark X Vote: the ordinance passed on second reading by unanimous roll call vote (5-0). Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 = 13 R5B 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 13-40 "POLICE OFFICERS' PENSION PLAN —DEFINITIONS", SECTION 13-42 "SAME -RETIREMENT DATES AND RETIREMENT BENEFITS", SECTION 13-51 "SAME —STATE REFUND MONEYS FOR POLICE OFFICERS", SECTION 13-52 "SAME —MISCELLANEOUS PROVISIONS", SECTION 13- 53 "DEFERRED RETIREMENT OPTION PLAN (DROP)"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. (First Reading) (VILLAGE MANAGER) Mr. Gonzalez provided a brief history the application process and stated that the proposed changes are required in order for pension plan to remain qualified. Councilwoman Cohen left the dais at 8:31 PM. Sepedeh Tofigh (Holland & Knight) reviewed the history of the Village's applications for a favorable determination letters with the IRS and stated that the recently received response indicates that the Village needs to pass the proposed amendments is to remain qualified and not be subject to penalties or fees if the plan is audited. She stated that as of 2017 IRS getting rid of determination letter program and that from now on plan needs to be more vigilant about passing amendments. MOTION: A Motion to approve the Ordinance on first reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilwoman Patricia Cohen --- ---- Councilman Jeffrey P. Freimark X Vote: the ordinance passed on first reading by roll call vote (4-0). Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 14 R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN AGREEMENT WITH BAL HARBOUR SHOPS, LLLP AND BHS-FM, LLC, REGARDING A PORTION OF BAL CROSS DRIVE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) (7:31 PM) Mayor Groisman identified the location on a map for members of the audience for the item under consideration. Mr. Gonzalez provided a brief history of the temporary opening of the gate and improvement of the street at Bal Cross Drive and explained that this was a hold -harmless agreement for any damages that might occur that would maintain the owner's existing rights. Mayor Groisman proposed amendments to the agreement First Page 3rd paragraph from the bottom, change the word "blocks" to "blocked" and add the end paragraph the sentence "The Village has taken no position and, by entering this Agreement, takes no position, regarding any abandonment of rights on any portion of Bal Cross Drive." On page 2 in the 4th paragraph from top, after the word party add "(ies) or person(s) or the Residential Lot Owners under the Plat,". Babak Raheb (128 Balfour Drive) asked when the project would be finished and stated that he is opposed to any agreement with the Bal Harbour Shops. Mayor Groisman clarified that indemnification has to do with the work that the Village is doing and not ownership. David Paul (9801 Collins Ave) stated that his apartment faces this street and the amount of traffic is minimal. He stated that the plat says that streets are owned by the developer and that the Village should have the Court decide street ownership. Daniel Holder (24 Bal Bay Drive) asked for clarification of the proposed amendment to which Ms. Trevarthen commented that the agreement is carefully worded as not to change existing rights. Ree Kelly (2000 Towerside Ter., Miami Shores) agreed with Mr. Paul that the ownership of the streets should be litigated. Leslie Trap (9940 Collins Ave) agreed with indemnifying language but questioned questioned language regarding owner's rights. Lynne Bloch -Mullen (10105 Collins Ave) spoke in favor of getting a court determination of the ownership of the streets. Brian Mulheren (10245 Collins Ave.) asked what was the purpose of indemnifying the Shops. Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 15 MOTION: A Motion to approve the resolution was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE AGENDA FOR THE 2017 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE. (Village Manager) (8:34 PM) Mr. Gonzalez introduced the item identifying the key priorities as being storm water and sewer, beach nourishment, and short term rentals. He added that he will be scheduling individual meetings with Council members and our lobbyist, Ron Book. Councilman Freimark inquired whether or not he would have a conflict of interest having engaged Mr. Book in his official capacity outside the Village, to which Ms. Trevarthen replied that there would not be a conflict in setting legislative priorities. Councilman Salver added that public records reform should be added to the critical list regarding a proposed change to the verbiage "shall" to "may" in awarding attorney's fees. Mayor Groisman commented that Mr. Book represents many communities and the Village gets lumped in with other communities and suggested and amendment to just include the critical priorities (1 through 5) plus the public records reform. Councilman Freimark agreed that eighteen priorities is ineffective and that he was supportive of reducing the priorities to those that are critical. MOTION: A motion to amend the resolution to include only critical priorities 1-5 with the addition of the public records reform priority 11 and with the additional proposed priority of the public records reform bill to change the word "shall" to may in awarding attorney fees of the was moved by Mayor Gabriel Groisman and seconded by Assistant Seth Mayor Salver. Kent Harrison Robbins suggested to lobby for multi -faceted public records requests to be treated separately in regards to entitlement to attorneys fees. A general discussion ensued regarding the past legislative priorities. Neil Alter (9801 Collins Ave) asked for an appraisal of the effectiveness of Mr. Book in previous years after which a general discussion ensued regarding the success of past legislative priorities and the engagement of the Miami -Dade Delegation. Babak Raheb (128 Balfour Drive) commented that most communities in Miami -Dade have the same priorities so why not save money and not engage Mr. Book to which Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 Mayor Groisman replied that the Village cannot afford to be left out of the conversation with upcoming infrastructure projects and beach erosion. Councilman Freimark agreed that it is important to have a presence in Tallahassee. VOTE: The Motion to amend passed by unanimous voice vote (5-0). MOTION: A Motion to approve the item as amended was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding the masterplan for improvements at Haulover Park. (DEPARTMENT OF PARKS AND PUBLIC SPACES) Mr. Gonzalez introduced Jack Kardys (retired Director of Miami -Dade Parks, Recreation and Open Spaces Department) who provided a presentation of the history of Haulover Park, and an overview of the master plan approved by the Miami -Dade County Board of County Commissioner in 2012 including the Haulover P3 Model (Public, Private Partnership). He further described existing facilities including the dog friendly park, the boating areas, the Westric dry storage facility, the clothing optional beach, and fishing pier. Mayor Groisman asked for a further description of the family skate/bicycle park in which neighboring communities have been asked to participate, to which Mr. Kardys commented that within the next 30-45 days a concrete location should be determined after which it could feasibly take 60-90 days to build. Mr. Kardys then commented that an $11 million commitment could be matched with revenues from proposed restaurants and the dry storage area to leverage and borrow $60 million towards the $90 million need for park infrastructure. Assistant Mayor Salver left dais 9:16 PM Mr. Gonzalez commented that if neighboring communities did participate the skate/bicycle park location would be permanent fixture and won't be relocated within the larger project. A general discussion ensued regarding possible locations for the skate park, the and leveraging of all possible revenue sources to build the infrastructure needed to for restaurant investors to think about long term to develop and design excellence. Mayor Groisman commented on the lack the safety of the bike lanes to which Mr. Kardys replied that the 2021 FDOT work plan intends to make the park more pedestrian and bike friendly. Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 18 R9B Discussion regarding Village efforts on beach erosion (COUNCILMAN JEFFREY P. FREIMARK) Mr. Gonzalez introduced the incoming Beach Manager, Paul Voight (Miami -Dade County Division of Environmental Resources Management) who provided and brief history and overview of May 2014 interlocal agreement between Miami -Dade County and Bal Harbour which expired in May of 2016. He commented that the County soon hopes to get a draft of the replacement agreement to the Village. Mr. Voight reported that according to FDEP, an update the Inland Management Plan, in order to consider future funding, would require updated engineering studies, and that a scope of work for these studies was recently approved by FDEP, and submitted to County procurement to obtain a consultant. Councilman Freimark reasonable timeline for short term solution for rapidly eroding beach and a longer term solution to which Mr. Voight replied that having spoken with the Army Corps of Engineers, sand from an ongoing project can be placed near the Jetty. Mayor Groisman asked how long this sand would wash to shore, to which Mr. Voight replied that he did not know, but that the sand was good quality and intended to be an incidental beneficial use. Mr. Gonzalez stated that he had spoken with Miami -Dade County Deputy Mayor Jack Oserholt who had committed, that if the State wouldn't, the County would fund update of the master plan with local beach re -nourishment dollars which in turn would release federal state and local monies. R9C Discussion regarding homelessness/Camillus House (COUNCILMAN DAVID J. ALBAUM) Mr. Gonzalez introduced the item explaining recent efforts by the Homeless Trust to have legislation passed that would fill a funding gap as a result of reduced HUD funding, by utilizing resort tax dollars from Miami Beach, Surfside and Bal Harbour. Councilman Albaum introduced Eddie Gloria from Camillus House, who provided an overview of his organization's work in providing homeless services and how the reduction of HUD funding has impaired their ability to adequately provide these services. A general discussion ensued regarding how the Village and residents could participate in assisting Camillus House. Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 l 9 R9D Public Comment Daniel Holder (24 Bal Bay Drive) commented the lack of control at Haulover regarding on loud music and dangerous boat operations and signage, and that it would worsen with future development. Stephen Sachs (10185 Collins Ave) commented on how bird feed on the beach was damaging to wildlife, and suggested some kind of education process led by the Village. Neil Alter (9801 Collins Ave) commented on the issue of compensation for the police services at the Bal Harbour Shops, as what happens in Aventura, to which Mayor Groisman commented that had already asked Captain De La Rosa to estimate the costs of these services as a first step. Julia Vasic (10201 Collins Ave) commented that water quality sampling should be a priority included with the discussion with the Army Corps. Ree Kelly (2000 Towerside Ter., Miami Shores) commented that she has copies of letters from the Graham family, that Camden Drive had been taken and questioned why the Civic Association, given a lack of 100% would be considered for ownership of the parks. Babak Raheb (128 Balfour Drive) praised the 70th year Anniversary Celebration and the Police Departments efforts. He commented more money should be spent in maintaining the park. He then commented that Architects sitting on the ARB should not be doing work inside the gates, to which Councilwomen Cohen cautioned getting board members to commit their time was difficult. Mayor Groisman as the Village Attorney to review the issue, particularly of members of the Board who also are developers. Brian Andrews (2 South Biscayne Blvd) announced the February 25 North Dade Heart Health walk. He then commented on efforts to educate and engage residence in the use of technology and social media. Steve Greenburg (9930 Collins Ave) praised Captain De La Rosa and the Police Department, agreed with providing more dollars for park maintenance, and agreed with finding ways to assist Camillus House. Daniel Holder (24 Bal Bay Drive) commented that the proposed dumping of sand will be ineffective. Bal Harbour Village Regular Council Meeting Minutes — February 21, 2017 110 R1 0 - VILLAGE MANAGER REPORT Mr. Gonzalez - Spoke. R1 1 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) R1 2 - VILLAGE ATTORNEY REPORT R12A Kent Harrison Robbins legal fees update Ms. Trevarthen announced executive sessions for Case Number 2017-003330 CA (27), Lynne Bloch Mullen, et al. v. Bal Harbour Village, et al. and Case No. 15-6568 CA 30, Bal Harbour Yacht Club, Inc. and Flamingo Way Enterprises, LLC v. Bal Harbour Village. (VILLAGE ATTORNEY END OF REGULAR AGENDA Attest: Dwightan] �, Village Clerk abriel Groisman Bal Harbour Village Regular Council Meeting Minutes - February 21, 2017 111 BAL HARBOUR - VILLAGE - Architectural Review Board CERTIFICATE OF APPROPRIATENESS Applicant: Jerome Falic & Debbie Falic Property: 203 Bal Bay Drive Hearing Date: March 2, 2017 WHEREAS, the Village of Bal Harbour Architectural Review Board (the "Board") on the hearing date reviewed and heard evidence regarding the application for Certificate of Appropriateness and supporting documentation (collectively the "Application") submitted by the Applicant: and, WHEREAS, the Applicant describes the proposed development of the Property; and, WHEREAS, the Board has made a finding that the application complies with the intent, purpose and criteria of the Village's Appearance Code with the following conditions: the coconut palms in the parkway would be replaced with native canopy street trees and placed as far away as possible from the existing curb; all efforts would be made to preserve the specimen sea grape tree in the back yard; the applicant would show on the landscape plans the removal of invasive species and the provision of additional native canopy trees; verification that the vegetation on both sides of the property suitably screen and buffer the existing residents; and applicant would submit revised landscape plans to verify that these conditions have been met. NOW, THEREFORE, the Board, pursuant to Section 5.5-15(c)(1), hereby issues this Certificate of Appropriateness for the development of the Property in accordance with the Application. Christopher Ca ley, ChairC Attest: l Dwight S. Danie, Village Clerk Bal Harbour Village Hall • 655 95`h Street, Bal Harbour • FL 33154 • Phone 305-866-4633 • Fax 305-868-6575