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HomeMy Public PortalAbout2017-06-20 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 JUNE 20, 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 7:04 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Not present: Also present: Councilman Jeffrey Freimark 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 Mayor Groisman REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Councilwoman asked for clarification of how items could be added to the agenda to which Mr. Gonzalez stated that items could be proposed to be added or removed from the agenda with the approval by vote of the Council. There were no requests for additions, withdrawals or deferrals. PRESENTATIONS AND AWARDS PA1 Report regarding 2017 Florida Legislative Session - Florida Representative Joseph Geller. Mr. Geller was unable to attend the meeting. Ronald L. Book, lobbyist for Bal Harbour Village provided a recap of the 2017 Legislative Session describing the success of beach renourishment, and public records bills supported by the Village and the failure of the passage of the vacation rentals bill. He then described what he called the dysfunction of the legislative process with other bills. PA2 Proclamation for Village Attorney Richard Weiss. Mayor Groisman presented a proclamation to Village Attorney Richard Jay Weiss in honor of his 22 years of service to Bal Harbour Village. Assistant Mayor Salver, Councilwoman Cohen and Councilman Albaum added their appreciation of Mr. Weiss and acknowledged his dedication to the Village. Mr. Weiss acknowledged his appreciation to all adding that he is not retiring, and although he would be focusing his efforts on other endeavors, his office is right next to Village Attorney Susan Trevarthen's and that he would be keeping an eye on what is happening in the Village. REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6 - COUNCIL MINUTES C6A March 21, 2017 Regular Council Meeting C6B April 25, 2017 Regular Council Meeting C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AS CO-PERMITTEE WITH ALL CO-PERMITTEES NAMED IN THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) SYSTEM PERMIT NO. FLS000003 AND MIAMI DADE COUNTY; PROVIDING FOR THE PERFORMANCE OF PROFESSIONAL ENGINEERING AND INSPECTION SERVICES BY MIAMI DADE COUNTY AND ALSO BETWEEN ALL CO-PERMITTEES FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SHARED MUNICIPAL STORM SEWER SYSTEMS, AT AN ANNUAL COST NOT TO EXCEED SEVEN HUNDRED FORTY NINE DOLLARS, ZERO CENTS ($749); PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) C7B 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 Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 12 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) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH FENCE MASTERS, INC. TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE SUPPLY AND INSTALLATION OF ALUMINUM PICKET PERIMETER FENCING WITH GATES AT PUMP STATIONS NO 1 AND NO. 2 IN THE AMOUNT NOT TO EXCEED FIFTY FOUR THOUSAND FOUR HUNDRED SEVENTY FIVE DOLLARS ($54,475); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH FENCE MASTERS, INC. TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE SUPPLY AND INSTALLATION OF ALUMINUM PICKET PERIMETER FENCING WITH GATES ALONG PORTIONS OF BAL CROSS DRIVE, BAL BAY DRIVE, AND ADJACENT GATED COMMUNITY PROPERTY BOUNDARIES, IN AN AMOUNT NOT TO EXCEED $51,150.00; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE FUTURE FENCING AGREEMENTS AS NEEDED, AT THE SAME OR LOWER COST PER LINEAR FOOT SUBJECT TO ANNUAL FISCAL BUDGET ALLOCATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE (DEPARTMENT OF PARKS AND PUBLIC SPACES) MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor Seth E. Salver, and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (4-0). R5 - ORDINANCES R5A 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 Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 13 DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) (VILLAGE MANAGER) Mayor Groisman left the dais. Mr. Gonzalez provided an overview of the item describing the responsibilities of the Architectural Review Board under the Village Code Chapter 5.5 Appearance Code adding that in accordance with Council direction from the first hearing of the item, the cooling off period had been changed from two years to one year for resigned members coming in front of the Board. MOTION: A Motion to approve the item was moved by Assistant Mayor Seth E. Salver, and seconded by Councilwoman Patricia Cohen. ROLL CALL: 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 --- --- VOTE: The Motion passed by unanimous voice vote (4-0). Mayor Groisman returned to the dais. R5B AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 11 "NUISANCES," ARTICLE II "NOISE" TO AMEND THE DEFINITIONS AND STANDARDS APPLICABLE TO NOISE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND AN EFFECTIVE DATE. (Second Reading) (VILLAGE MANAGER) Mr. Gonzalez summarized the ordinance describing the changes requested by the Council at its first reading including and evening maximum decibel reading of 55 decibels. He stated that the Village Attorney has opined holidays can include Rosh Hashanah Yom Kippur, Good Friday and Veterans' Day. He commented that a daytime cap on decibel readings could be around 85 decibels adding that it is in the best interest of the retail businesses not to exceed these levels. Councilwoman Cohen stated that construction is going to be very loud, and that it is important to limit the times in which work can be performed. Assistant Mayor Salver stated that nobody is advocating for loud noise at night working but that the total duration of the construction will be shortened by allowing work at night. Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 14 Mayor Groisman added that the escalator project was a good test for determining which decibel levels initiated complaints and that before anything is done, sound wall would be in place for noise mitigation even during day construction. Councilman Albaum agreed that construction was going to be noisy but added that there is a series of citations in the ordinance which would allow the Village Manager to shut construction down if needed. Mayor Groisman daytime decibel level a matter of coordination important to have limit encourage cooperation for louder noises thinking about 80 during the day 8:30 construction starts in gated community no later that 6:00 PM night time average over 5 minutes seems like a long time Councilman Albaum not like Saturday 9 should be 9:30. Councilwoman Cohen commented that Saturdays are time when families will definitely be inconvenienced, to which Mr. Gonzalez replied that under the current code, Saturday construction is allowed. Assistant Mayor Salver stated that the 55 decibel cap for evening hours would not permit heavy construction at night. Ree Kelly (2000 Towerside Terrace, Miami Shores) inquired about night truck traffic and light from the staging site where the Fairfield Manor once stood. Chris Olsen (9910 Collins Avenue) asked for consideration of some kind of wall or sound barrier between the staging site and the the Tahoma Apartments at 9910 Collins Avenue. Mr. Gonzalez stated that a solid construction will be required around the staging site that could include a sound dampening treatment. Mark A. Levy, Brinkley Morgan P.A. (Lobbyist for John Owen, 9910 Collins Avenue) asked the Council to that focus on the idea that the Tahoma Apartments will undergo years and years of construction noise with no protection. Mayor Groisman state that it was a fair issue commented that this was the first time he had heard about it having received no comments from the building's residents. Beth Berkowitz (10101 Collins Avenue) complained that she had heard noise from the construction of the Oceana and that they had worked overtime all the time. Penny Sepler (10205 Collins Avenue) agree that allowing night work would shorten construction time and suggested that the Council make reasonable restrictions. Lynne Bloch -Mullen (10105 Collins Avenue) stated her concern for being not being able to sleep at night. Neil Alter (9801 Collins Ave) stated that he lived on the eastside of the Fairfield and that he was not in favor of 24-hour construction. Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 P age 15 Daniel Holder (24 Bal Bay Drive) stated that passage of this ordinance does not serve to protect the residents and that there would be petition drive to for a referendum to veto the ordinance. Brian Mulheren (10245 Collins Ave) stated that demolition is noisy and that the Village has never allowed 24-hour construction and asked "why now?" He stated that decibels are not real and that it's the noise that is real. Amy Huber, Shubin & Bass P.A. (Representing Bal Harbour Shops) clarified that the proposed ordinance is actually more restrictive in that it puts a cap on daytime noise, and though it allows nighttime work, the noise level of the current code is maintained. A general discussion ensued regarding regarding the Fairfield staging area and providing some kind of sound buffer, recognizing that this proposed ordinance does not apply and that a future ordinance would be required to address the Fairfield site, both as a staging area and a future construction site. There was general agreement that the geographic organization of activity levels on the stage site could add to alleviation the impact of noise and light. Dina Cellini (21 1 Bal Cross Drive) asked the Council to ensure that the ordinance unique to staging area discriminates itself from the Gated Residential neighborhood, ensuring that the "no commercial vehicles after 9:00 PM" and "no leaving equipment overnight" laws still apply to the neighborhood. Mayor Groisman offered amendments to the ordinance including: the addition of Rosh Hashanah, Yom Kippur, Good Friday and Veterans' Day to the list of holidays on which no work is allowed; daytime work hours to be from 8:30 am to 6:00 pm, Monday through Friday and on Saturdays from 10:00 am until 4:00 pm. with no activity from 4:00 pm Saturday evening until 8:30 am Monday morning; the monitoring distance measurement no less than 65 feet leaving the minimum measurement time at 5 minutes; and modifying the daily decibel cap from 75 to 80. MOTION: A Motion to approve the ordinance with the offered amendments was moved by Mayor Gabriel Groisman, and seconded by Assistant Mayor Seth E. Salver. Councilwoman Cohen asked the Council to consider not allowing work on Saturdays. ROLL CALL: 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 --- --- VOTE: The Ordinance was passed on second reading by voice vote (3-1) with Councilwoman Cohen voting against. Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 16 R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 9 "BUSINESS REGULATIONS AND BUSINESS TAX" TO CREATE REGULATIONS FOR AUTOMATIC TIP DISCLOSURE FOR PUBLIC FOOD SERVICE ESTABLISHMENTS WITHIN THE VILLAGE. (First Reacting) (VILLAGE MANAGER) Mr. Gonzalez summarized the item adding that Councilwoman Cohen suggested an alternate approach of banning automatic tipping altogether. A general discussion ensued regarding the need for clear and concise language on the restaurant receipt with the credit card receipt reflecting the same language with the intent of full disclosure that prevents accidental double tipping. Assistant Mayor Salver asked for clarification of the enforcing mechanism, to which Ms. Trevarthen explained that maximum fine would be $500 (or 60 days) and that the restaurant would have to show the design of the bill at the time of Business Tax Receipt renewal. Mayor Groisman offered the amendments that the automatic tip should be voluntary and that the definition of the bill should also include the credit card receipt. MOTION: A Motion to amend the ordinance with the proposed amendments was moved by Mayor Gabriel Groisman, and seconded by Assistant Mayor Seth E. Salver. VOTE: The Motion to amend the item passed by unanimous voice -vote (4-0) Daniel Holder (24 Bal Bay Drive) stated that restaurants should be allowed to have an automatic tip and that the minimum tip should be 18%. MOTION: A Motion to approve the ordinance on first reading as amended was moved by Mayor Gabriel Groisman, and seconded by Assistant Mayor Seth E. Salver. ROLL CALL: 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 --- --- VOTE: The Motion was passed by unanimous voice vote (4-0). Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 17 R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE CERTIFIED ANNUAL FINANCIAL REPORT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez provided a brief description of the item reviewing the selection of the Auditor and then introduced Donnovan Maginley and Neil Harris from RSM Inc. Mr. Maginley and Mr. Harris described sections of the 2016 CAFR (Comprensive Annual Financial Report). Assistant Mayor Salver asked Mr. Maginley if Management's response to the noted deficincey in internal control of capital asset managent was sufficient which Mr. Maginley replied that since the error was discovered by Management he had more confidence in Management's capability. Mayor Groisman asked if some type of internal investigation could help to which Mr. Maginley responded that internal inventory control would ferret out the issue. Mr. Gonzalez commented that he would work with the auditors and the police department and added that it seemed to him that items that should have been removed from the inventory list weren't. Assistant Mayor Salver Mr. Maginley if this discrepancy should have bee discovered by previous auditors to which Mr. Maginley responded that each year an audit should do its best to fairly present financial statements. Mr. Gonzalez commended the efforts of the Thom Phan, Village Controller in indentifying the Village's assets and in working with the auditors. Neil Alter (9801 Collins Ave) asked for quantification of the overstatement and how many years in the past we used the same accounting firm and if the Village had any recourse. Mr. Gonzalez replied that the value was approximately $6 million and was most like due to not removing fleets of vehicles from the inventory when they were replaced. He stated that the previous auditing firm was employed for about 20 years. Brian Mulheren (10245 Collins Ave) commented that somebody should be held accountable, to which Mayor Groisman responded that it was important to make sure that somebody did not steal the items left on the inventory going after somebody for malpractice might not be feasible. MOTION: A Motion to approve the resolution was moved by Mayor Gabriel Groisman, and seconded by Assistant Mayor Seth E. Salver. VOTE: The Motion passed by unanimous voice -vote (4-0). Mr. Gonzalez acknowledged Amber Reviere, Finance Director and her and Mr. Pham's excellent work with the auditors. Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 18 R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, AMENDING THE FISCAL YEAR 2016-17 BUDGET; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR AMENDMENTS; PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez summarized the item describing the amendments to the Fiscal Year 2016- 17 budget. Mayor Groisman - Spoke. MOTION: A Motion to approve the item moved by Assistant Mayor Seth E. Salver, and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice -vote (4-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding Mayor and Council salaries. (COUNCILMAN DAVID ALBAUM) Councilman Albaum provided an overview of the item asking the Village Attorney to describe options for increasing Council salaries, to which Ms. Trevarthen described options described by the Village Charter by passage of an ordinance or public referendum. A general discussion ensued with a concensus that the consideration of increasing Council salaries was worth looking into with direction to the Village Attorney to draft a ordinance for Council consideration. R9B Discussion regarding the allocation of funds for contribution for a family park in Haulover. (MAYOR GABRIEL GROISMAN) Mayor Groisman introduced Dana Goldman, Vice Mayor of Sunny Isles Beach, Jordan Leonard, Mayor of Bay Harbour Islands, Daniel Gielchinsky, Town of Surfside Commissioner and Duncan Tavares, Town of Surfside Assistant Manager who all in turn described their interests in the proposed collaborative skate park project. Mayor Jordan listed contributions to the project: Surfside - $50,000, Miami Beach - $50,000, Bay Harbor Island - $50,000 and Sunny Isles Beach - $150,000. He stated that the ask for Bal Harbour is $50,000 and asked for the Council's support. Guillermo Bicas, Velos Solutions provided an overview of the proposed project. Bal Harbour Village Regular Council Meeting Agenda -June 20, 2017 Page 19 Lynne Bloch -Mullen (10105 Collins Avenue) spoke in favor of the project saying that it would be good for the kids and grownups Beth Berkowitz (10101 Collins Avenue) spoke in favor of the project and asked about the liability if someone gets hurt. Mr. Gonzalez explained that the park would be owned by Miami -Dade County. Ree Kelly (2000 Towerside Terrace, Miami Shores) spoke in favor of the project and voiced her concern about liability. Brian Mulheren (10245 Collins Ave) spoke in favor of the project and suggested utilizing additional dollars for training and safety. MOTION: A Motion was moved by Mayor Gabriel Groisman to recommend that the Budget Advisory Committee consider the allocation of $50,000 to the the skate park next year's budget. The Motion was seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (4-0). R9C Discussion regarding the allocation of funds for contribution beautification of the Jetty. (MAYOR GABRIEL GROISMAN) Mayor Groisman introduced the item suggested that the Council instruct the Budget Committee to allocate dollars towards the Jetty's resoration/beautification. Assistant Mayor Salver asked why if there was a reason that this item was not included in the Collins Corridor, to which Mayor Groisman responded that given all that was happening Mr. Gonzalez suggested that one project that should be placed before the Jetty is the park and he described the proposed timeline for workshops and design. MOTION: A Motion was moved by Mayor Groisman to recommend that the Budget Advisory Committee consider the allocation of dollars to the beautification of the Jetty in next year's budget. The Motion was seconded by Councilman Seth E. Salver. VOTE: The Motion passed by unanimous voice vote (4-0). R9D Discussion regarding the viability/sustainability of Medjool Date Palm Trees throughout the Village (ASSISTANT MAYOR SETH SALVER) Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 110 Assistant Mayor Salver introduced the item expressing his concern for public safety. John Oldenburg, Director of Parks and Public Spaces described the disease affecting the palms, saying that it is lethal, there is no preventative treatment and that there is no cure and recommended the excavation of the soil not replacing the palms with the same species. Mr. Gonzalez described the current policy and commented that the practice is not sustainable. Councilwoman Cohen suggested replacing the palms with canopy/shade trees. A general discussion ensued regarding the eventual replacement of existing palms and with concensus that infected trees should be removed to grade and replaced with sod while in the meantime Mr. Gonzalez would create a plan to obtain design Collins Avenue landscape options and seek community input. R9F Public Comment Tony Imbesi (121 Camden Drive) suggested a Council salary increase of $3,000 per month would be fair. He then stated that he had submitted a revised waiver of plat last month but pulled it due to the ongoing negotiations with town and the civic association. He stated that he would be re -submitting it submit next month. Mayor Groisman asked what he was doing with the current waiver of plat now in court to which Mr. Imbesi replied that if the revised waiver was approved that he would drop the first waiver. Ms. Trevarthen counseled that while there is ongoing litigation, the Village should not proceed with heargin a revised waiver. Daniel Holder (24 Bal Bay Drive) recommended having a buffer between the proposed park construction and his building just north of the area. Beth Berkowitz (10101 Collins Avenue) commented that the Fairfield staging area is residential and expressed her surprise at the idea of increasing Council salaries to which Councilwoman Cohen responded that she never thought working for free was a good idea. Brian Mulheren (10245 Collins Ave) commented on the existing condition of the walking/jogging path on the beach and suggested paying more attention to it, and allocating dollars to its enhancement. R10 - VILLAGE MANAGER REPORT R1 1 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 111 (VILLAGE CLERK) R12 - VILLAGE ATTORNEY REPORT ADJOURN -the meeting was adjourned at 11 :09 PM. yor Gabri Groisman Attest: Dwight S. Danie, Village Clerk Bal Harbour Village Regular Council Meeting Agenda —June 20, 2017 Page 112