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HomeMy Public PortalAbout2017-03-21 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 AGENDA MARCH 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 7:30 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 J. Weiss, Village Attorney Susan L. Trevarthen, Village Attorney Stephanie Marquez, Deputy Village Clerk The Pledge of Allegiance was led by Officer George Waisman at the beginning of the preceding General Employees Retirement Board Meeting. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests for additions, withdrawals or deferrals. PRESENTATIONS AND AWARDS Presentation of Officer of the Year to Officer George Waisman. Presentation by Miami -Dade County Commissioner Sally Heyman, District 4 Commissioner Heyman provided an update of issues pertinent to Miami -Dade County Commission District 4 providing a copy of a sample resolution that prioritizes the Northeast FEC Corridor, and a copy of notice for an upcoming April 20th Redemption Workshop. Commissioner Heyman also provided an explanation of her vote not to designate Miami -Dade County as a "Sanctuary City." Mayor Groisman asked Commissioner Heyman to include consideration of controlling speeding traffic on the Haulover straightaway traffic speed in it renovation plan and to help the Village in beach sand replenishment, a project currently stalled at Miami -Dade County. REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6 - COUNCIL MINUTES C6A February 21, 2017 Regular Council Meeting MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. 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 13-40 "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. (Second 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. 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 Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 12 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 second 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 X Councilman Jeffrey P. Freimark X Vote: the ordinance passed on second reading by unanimous roll call vote (5-0). R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF CHAPTER 2 "ADMINISTRATION" TO REVISE PARTICIPATION REQUIREMENTS FOR ARCHITECTURAL REVIEW BOARD MEMBERS AND PROVIDE FOR RELATED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (First Reading) (VILLAGE MANAGER) Mr. Gonzalez briefly describe the item. Ms. Trevarthen corrected the title of the ordinance stating that the ordinance would provide standards of conduct rather than to revise participation requirements. She then provided a summary of the item describing the responsibilities of the Architectural Review Board under the Village Code Chapter 5.5 Appearance Code, adding that the ARB does not hear applications for variances. A brief discussion ensued regarding the reasons why the Village Council was considering this ordinance with a general agreement that though there had only been a perception of a conflict in the past, it would be a good idea to implement these changes to prevent future conflicts. Babak Raheb (128 Balfour Drive) recommended approval of the ordinance a commented that the Appearance Code needs further review. Mayor Groisman commented that the two-year prohibition for members after leaving the board seemed harsh and recommended a period of one year. Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 13 MOTION: A Motion to amend Section 2-51(2)d of the ordinance, changing "an additional two years" to "an additional year" was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). MOTION: A Motion to approve the Ordinance on first reading as amended 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 first reading by roll call vote (5-0). R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH ACTION AIR INC., TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE SUPPLY AND INSTALLATION OF A REPLACEMENT AIR CONDITIONING AND HEATING SYSTEM WITH OTHER REQUIRED WORK, FOR THE FIRST AND SECOND FLOOR OF VILLAGE HALL IN THE AMOUNT NOT TO EXCEED TWENTY FOUR THOUSAND ONE HUNDRED SIXTY SIX DOLLARS ($24,166); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) Mr. Gonzalez introduced the item stating that this item had been approved in the budget process and given the number of repairs undertaken, the 20-year old AC system warrants replacement. John Oldenburg, Director of the Department of Parks and Public Spaces, provided the status of the the current AC system and and a description of the proposed improvements. Councilman Albaum asked when the project would be completed, to which Mr. Oldenburg responded, that if approved, it would be completed in April/May. Mayor Groisman asked who had done the engineering work, to which Mr. Oldenburg given the size of the building, the expense of engineering work needed to be Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 14 weighed. Mayor Groisman stated that the warranties are the most important part of the engineering work. MOTION: Mayor Groisman moved to defer the item, and Councilwoman Cohen seconded the motion to defer. Councilwoman Cohen left the dais at 8:08 PM. Babak Raheb (128 Balfour Drive) agreed with the deferral and commented that there should be at least 3 bids. Daniel Holder (24 Bal Bay Drive) agreed with the engineering work, adding that it would be easier to obtain the 3 bids. VOTE: the Motion to defer the item passed by unanimous voice vote (4-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH A AND M HURRICANE PROTECTION, TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE SUPPLY AND INSTALLATION OF MIAMI DADE COUNTY APPROVED IMPACT RESISTANT WINDOWS AT BAL HARBOUR VILLAGE HALL AND THE POLICE ADMINISTRATION BUILDING, FOR AN AMOUNT NOT TO EXCEED FIFTY NINE THOUSAND, TWO HUNDRED THIRTY SEVEN DOLLARS ($59,237); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) Mr. Gonzalez introduced the item explaining the the current windows are not hurricane compliant and this item would would be a safeguard. A general discussion ensued regarding the availability of FEMA credits and whether or not there was a program for proactive hardening of municipal facilities as there is for health care facilities. Babak Raheb (128 Balfour Drive) asked about the differences that he had observed in the bids, to which Mr. Oldenburg explained that the companies submitting bids made business decisions to either hold prices submitted last year. Mr. Gonzalez stressed the urgency of having the current windows replaced before the onset of hurricane season. Mayor Groisman commented that contract language needed to be addressed given the differences in our agreement and the contractor's agreement. Irwin Shaab (9801 Collins Ave.) recommended that the windows Police Department be given priority. Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 15 Neil Alter (9801 Collins Ave.) asked for more detail on the $500,000 Government Obligation Bond that would fund this project to which Mr. Gonzalez described the mid- 2000's Miami -Dade County allocated for capital improvement projects. Daniel Holder (24 Bal Bay Drive) suggested that the contract should consider the replace of windows that are shattered by hurricane debris. MOTION: A motion to approve the resolution, with understanding that the agreement would be updated, was moved by Councilwoman Cohen and seconded by Councilman Freimark. VOTE: The Motion was approved by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE APPROVING AND ACCEPTING FINAL SETTLEMENT OF PARCEL SS-13-14-15- 03, OWNED BY TODD AND KAREN WHITMAN (189 BAL BAY DRIVE) OF THE SANITARY SEWER UTILITY REPLACEMENT PROJECT; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (LEGAL DEPARTMENT) Mayor Groisman announced that he would recuse himself, then left the dais. Mr. Gonzalez described the item acknowledging that the Whitmans had been the first to grant the easement to the Village and they did so without compensation, and that the Village ended up paying about $5,000 per lot for subsequent easements, so this settlement would the appropriate thing to do. Ree Kelly (2000 Towerside Ter., Miami Shores) questioned the ownership of the streets in the gated community. Neil Alter (9801 Collins Ave.) asked for clarification of the compensation to other properties to which Mr. Gonzalez replied that to other owners, the easements were felt to be an encumbrance to their properties, and thus a $5,000 compensation was determined to be fair. Daniel Holder (24 Bal Bay Drive) asked if the easement was on "the real property or the streets" to which Mr. Gonzalez replied, the streets. Babak Raheb (128 Balfour Drive) asked if the Whitmans had official asked to reimbursed to which Mr. Gonzalez replied that he approached the Whitemans after the others had been reimbursed. Brian Mulheren (10245 Collins Ave.) stated that the Whitmans did the right thing, but the other properties should not have been compensated. Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 16 Mr. Weiss commented that after thorough discussion with the Village Manager, they determined that this was the right thing to do. Assistant Mayor Salver noted that these easements were just for Phase 1 of the sewer project after which a general discussion ensued regarding the impact of requiring easements for Phase 2 of the project. MOTION: A motion to approve the resolution was moved by Councilwoman Cohen and seconded by Councilman Freimark. VOTE: The Motion was approved by unanimous voice vote (4-0). Mr. Weiss requested an executive session, in case it is needed, for Case# 2017-003330- CA-01 Mullens vs. Danie et al. Mayor Groisman returned to the dais. R9 - NEW BUSINESS AND COUNCIL DISCUSSION Mayor Groisman summarized the protocol for New Business and Council Discussion part of the Agenda stating that the discussions are solely for Council, that no action will be taken on any item, and that members of the public wishing to comment will have that opportunity under the Public Comment section. R9A Discussion regarding the practice of tipping without disclosure. (MAYOR GABRIEL GROISMAN) Mayor Groisman provided a brief summary of the item stating that he had asked the Village Attorney to research ordinances in other communities. A general discussion ensued with agreement that the Village Attorney should begin researching a draft ordinance that would include language making receipts clear and succinct regarding automatic and additional gratuity, providing a clear understanding of the calculations used, and would be consistent and applicable to all food and beverage servers. The Village Attorney added that he would also research restaurants and credit card companies to ensure that proposed mandates it can be done. R9B Discussion regarding the Bal Harbour Shops and its place in our community, past, present and future. (COUNCILWOMAN PATRICIA COHEN) Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 17 Councilwoman Cohen provided a brief summary of the item stating that she felt the Council had not had the opportunity to discuss its collective vision regarding the Bal Harbour Shops proposed expansion, adding that the Village Manager had solely negotiated with the Shops, in good faith, but that she felt that the Council had not had the opportunity to address the details of the negotiations. She stated that although the Village Council designated her as the liaison from the Council to participate in negotiations, that she felt that she was never included, and had she been included, she could have provided input that might have taken the negotiations in a different direction. She asked the Council not to give itself deadlines. Councilman Freimark stated that workshop process would give everybody including members of the Council the opportunity to understand the application and the development agreement better and provide input to the Manager, if desired, for further negotiations, adding that Councilmembers had the fiduciary obligation to carefully read the agreement. He stated that, in his 30 years of experience with negotiations of sites with municipalities, PZAB's and zoning commissions across the county, he had never been in the position where he was asked questions about the viability of a project. Mr. Gonzalez stated that there was never a decision to leave Councilwoman Cohen out of the negotiations, and that several attempts were made to include her. Mayor Groisman added that the Council did have the opportunity to re -group several times after the April 2016 hearing. There was a general consensus from the majority of the Council that the April workshop would provide everyone the opportunity to learn more about the application and the development agreement, and that Councilmembers would have the opportunity at the the following Council Meetings to amend the agreement, to defer the item and/or to provide direction to the Manager, if desired, for further negotiations. R9C Discussion regarding meeting decorum and protocols. (COUNCILMAN JEFFREY FREIMARK) Councilman Freimark introduced the item and suggested that Councilmembers review existing protocol guidelines especially those concerning public comment. There was a general consensus from the Council that meeting decorum should create an environment in which school children, wishing to participate, would feel comfortable. It was the sense of the Council that the updating of existing guidelines should be addressed. Mr. Weiss stated that he would bring back examples of guidelines from other jurisdictions for Council review and discussion, after which the Council could t propose amendments resolution defining the existing guidelines. Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 18 R9D Discussion regarding placing benches on the vehicle service path area of the beach. (COUNCILMAN JEFFREY FREIMARK) Councilman Freimarl< introduced the item expressing that his goal was to provide comfort for people strolling the vehicle service/bicycle path, including those with dogs. John Oldenburg, Director of Parks and Public Spaces, provided an update of existing benches on the jogging path and demonstrated, using visuals, placement opportunities on the vehicle access/bicycle path. A general discussion ensued with a consensus from the Council that Councilwoman Cohen take the lead in exploring bench designs and placement. Mr. Weiss requested an executive session, in case it is needed, for the case of Flamingo Way Enterprises vs. Bal Harbour Village. R9E Public Comment Ree Kelly (2000 Towerside Ter., Miami Shores) commented that the parks had already been transferred to another owner, then questioned the motion to dismiss the case regarding petitions. She cautioned that protocol procedures regarding public comment could infringe upon First Amendment rights. Irwin Shaab (9801 Collins Ave.) stressed the importance of clear tipping, and meeting decorum starts with and is controlled by the Chair. He disagreed that protocol procedures would infringe upon First Amendment Rights. Neil Alter (9801 Collins Ave.) suggested that more benches could also be placed on Collins Avenue. Babak Raheb (128 Balfour Drive) commented that tipping policies should be included on restaurant menus, that the community needs time discuss its vision of the Bal Harbour Shops. He stated that he is in favor of free speech and decorum must be extended to the public. He asked if picnic baskets were allowed on the beach to which Mayor Groisman reading the notice that is posted that is posted throughout the beach. David Paul (9801 Collins Ave.) commented on the recent changes in the marketing of consumer goods and think through the zoning of the Village for the future. Daniel Holder (24 Bal Bay Drive) commented that he felt the Council should discuss amongst themselves the overall vision of the Village concerning the Bal Harbour Shops expansion. Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 19 Brian Mulheren (10245 Collins Ave.) agreed with the idea of more benches on Collins Avenue, and stated that wants to keep the Village as it is and that he does not want construction and traffic. He stated that the loss of the beach needs to be addressed. Councilwoman Cohen described conference announced in luxurydaily.com to take place New York and proposed that all members of the Council should attend. Mayor Groisman stated that he felt that it wouldn't be a good use of taxpayer money. Councilwoman Cohen commented that she would attend on her own. R1 0 - VILLAGE MANAGER REPORT R1 1 - VILLAGE CLERK REPORT R1 1A Village Lobbyist Registration Report (VILLAGE CLERK) R1 2 - VILLAGE ATTORNEY REPORT R12A (VILLAGE ATTORNEY) MOTION: Councilwoman Cohen motioned to adjourn the meeting at 10:01 PM. END OF REGULAR AGENDA "'mot/ �"d''„ Mayo r G riel Groisman Dwight S. Danie, Village C Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 110