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HomeMy Public PortalAbout2017-07-18 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 July 18, 2017 At 7:00 PM 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 7:35 PM. The following were present: Also present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Councilman Jeffrey Freimark Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan L. Trevarthen, Village Attorney Stephanie Marquez, Deputy Village Clerk (The Pledge of Allegiance was led by Mayor Groisman and the beginning of the preceding Local Planning Agency Meeting) REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS PA PRESENTATIONS AND AWARDS CONSENT AGENDA C6 - COUNCIL MINUTES C6A Approval of Minutes from May 16th 2017 C6B Approval of Minutes from June 20, 2017 C7 — CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH HOMESTEAD CONCRETE AND DRAINAGE, INC., TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE INSTALLATION OF ONE HUNDRED THIRTY LINEAR FEET OF REPLACEMENT BLUE SHELL SIDEWALK ADJACENT TO THE ONE HARBOUR WAY CONDOMINIUM, IN THE AMOUNT NOT TO EXCEED TWENTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500); AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND EXECUTE FUTURE SIDEWALK INSTALLATION 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) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PERMIT FOR TWO WALL SCULPTURES TO BE LOCATED AT 10295 COLLINS AVENUE, ONE BAL HARBOUR CONDOMINIUM, CONSISTENT WITH THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. 2017-1085 (BUILDING DEPARTMENT) MOTION: A Motion to approve the Consent Agenda was moved by Mayor Gabriel Groisman, and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R1 - PRESENTATION AND DISCUSSION R5 — ORDINANCES RSA AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE VILLAGE'S COMPREHENSIVE PLAN BY ADOPTING THE EVALUATION AND APPRAISAL BASED COMPREHENSIVE PLAN AMENDMENTS; PROVIDING FOR SEVERABILITY, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez described the item that been discussed and recommended for approval by the Local Planning Agency. There was no public comment. MOTION: A Motion to approve the item as amended by the Local Planning Agency removing language regarding the prohibition of hotels on the west side of Collins Avenue was moved by Councilman Jeffrey Freimark, and seconded by Councilwoman Patricia Cohen. Bal Harbour Village Council Regular Council Meeting Agenda July 18, 2017 12 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 X VOTE: The Motion passed by roll call vote (5-0). R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE II "VILLAGE COUNCIL" OF CHAPTER 2 "ADMINISTRATION" TO ADJUST THE SALARIES OF THE MAYOR AND VILLAGE COUNCIL TO REMAIN COMMENSURATE WITH NEIGHBORING MUNICIPALITIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mr. Gonzalez introduced the item and described the Village Charter and Village Code regarding compensation of Council members. Mayor Groisman read the average elected official compensations in Miami -Dade. Councilman Albaum proposed that Councilmembers be compensated $2,000 per month and the Mayor be compensated $2,500 per month. He also suggested including a Council review of a cost of living adjustment effective every five years. Councilwoman Cohen proposed researching compensation in other states for the reason that the average compensation in South Florida may be low compared to outside, where it is unusual not to be compensated. Assistant Mayor Salver agreed with Councilman Albaum's proposal after having researched the buying power at the time the original Village Ordinance was passed and present, and the increasing complexity of issues in the Village. Councilman Freimark stated that data could be over -studied, and stated that he could be comfortable with the proposed compensation under the current methodology for implementation. Mayor Groisman stated that the determination of compensation should be based on a balance between the utilization of taxpayer money, incentivizing people to join the Council, and respecting the time necessary to effectively participate as a Council member. Raymond Slate (10155 Collins Ave.) stated that he thought the proposed compensation amount is fair and. as a Budget Advisory Committee Member, he felt that there would be minimal impact on the Budget. Bal Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 13 Dina Cellini (211 Bal Cross Dr.) stated that it doesn't sit well with her that the Council would be voting to give itself raises, and that this issue should not be taken up in July when a majority of residents are not present. Ree Kelly stated that she lived at 77 Camden Dr. and said that larger communities have more work to accomplish. Tony Imbesi (175 Camden Dr.) stated that the Village has changed in complexity in the last forty years and spoke in favor of the proposed compensation amounts given the amount of time required for elected officials. Dan Holder (24 Bal Bay Drive) stated that he was in favor of giving a raise to Council members but it should be in line with the average Miami -Dade County compensation. Beth Berkowitz (10160 Collins Ave.) spoke against providing Council members raises. Steve Greenburg (9930 Collins Ave.) stated that he agreed that the given the importance of the issue that it all the people of Bal Harbour should be allowed to be provided input. Penny Sepler (10275 Collins Ave.) stated that something about this item does not seem right, and maybe the Village should be thinking about term limits. Councilwoman Cohen stated that she has served on the Council for over eight years and believes that the time required warrants compensation. She stated that she agreed with Ms. Cellini in deferring the item until September. MOTION: A Motion to defer the time was moved by Councilwoman Patricia Cohen. There was no second from the Council. MOTION: A Motion to approve the ordinance and provide an annual compensation amount of $24,000 for Council members and $30,000 for the Mayor was moved by Councilman David Albaum, and seconded by Assistant Mayor Seth Salver. 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 Bat Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 14 VOTE: The Motion passed by roll call vote (5-0). R7 — RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR 2017-18; AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez introduced the item and recommended keeping the current millage as it is today (1.9654 mils) and look at spending the additional revenue generated on capital projects such as the park project of the jetty project. Councilwoman Cohen left the dais at 8:33 PM. Mayor Groisman thanked members of the Budget Advisory Committee for their participation. Assistant Mayor Salver stated his agreement with the Manager's recommendation as did Councilman Freimark, who added that he when the Council looks at the Capital Budget he would like to see some focus on investment in technology. There were no comments from the Public. MOTION: A Motion to approve the proposed millage rate was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). R7B A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) MOTION: A Motion to approve the item was moved by Assistant Mayor Seth Salver and seconded by Councilman David Albaum. Bal Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 15 Mr. Gonzalez introduced the item stating that his recommendation was to keep the rates at $224.74 for each dwelling unit with a multi -family residential establishment and $480.32 for single family residential units. Assistant Mayor Salver asked for clarification on the effect of the Oceana coming on line, to which Mr. Gonzalez replied that an increase in revenue would result because their cost is based on tonnage. There were no comments from the Public. Councilwoman returned to the dais at 8:35 PM. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez introduced the item providing a brief history of the gated community and the ongoing creation of a civic association. He stated that there was a consensus from members of the Gated Community to raise the annual rate to fully fund the operating budget and to fund anticipated improvements in lighting and streets. Mayor Groisman added that the Gated Community pays one hundred percent of all services that they uses from the Village. MOTION: A Motion to approve the item with the rate option of $2,639.53 for each single family residential unit (and the numbers that flow from that) was moved by Mayor Groisman and seconded by Assistant Mayor Seth Salver. Councilwoman Cohen stated that the Village Council walks a fine line when making policy determinations for a private community and may be over -stepping its boundaries. Dan Holder (24 Bal Bay Drive) asked if the allocation would change between single-family homes and the apartments to which Mr. Gonzalez replied that it would not. He then asked for clarification if the money accumulated would go to the Village to which Mr. Gonzalez replied that there is no intent to keep that money but the less money there is, the easier it would be to cut the umbilical cord. Ree Kelley stated that her residence is 77 Camden Dr. asked who is doing the assessment and who is signing the contracts and under what authority is the Village signing the contracts. Councilwoman Cohen stated that she was uncomfortable voting on this item, to which Ms. Trevarthen explained that, unless there was a conflict of interest, that she needed to vote. Bal Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 16 VOTE: the Motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SETTING COUNCIL MEETING DATES FOR SEPTEMBER AND DECEMBER 2017; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mr. Gonzalez summarized the item explaining the September 19, 2017 second budget hearing conflicted with Miami -Dade County's budget hearing and that the December 12, 2017 meeting date was in conflict with the first evening of Chanukah. He suggested that the second budget hearing be held on September 18, 2017. A general discussion ensued regarding the alternative to the December 12 meeting with a consensus that December 13 beginning at 7:30 PM would work. MOTION: A Motion to move the September 19, 2017 Second Budget Hearing/Regular Council Meeting to September 18, 2017 and to move the December 12, 2017 Regular Council Meeting. to December 13, 2017 starting at 7:30 PM was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). Assistant Mayor Seth Salver left the meeting at 9:00 PM for family matters. R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE PROPOSED DESIGN, QUALITY, APPEARANCE, AND COMPATIBILITY OF THE SOUND BARRIER WALL AND SURROUNDING LANDSCAPING REQUIRED BY THE CONDITIONS TO MAJOR SITE PLAN APPROVAL FOR THE EXPANSION OF THE BAL HARBOUR SHOPS ADOPTED BY BAL HARBOUR VILLAGE COUNCIL RESOLUTION 2017-1090. (DEPARTMENT OF PARKS AND PUBLIC SPACES) Mr. Gonzalez provided a summary of the item explaining the conditions set by the Development Agreement of the Bal Harbour Shops Expansion Project, Landscape Buffer Conditions 2 & 3. He commented that a larger amount of the attention will be given to the effect on Park Drive where there is significant more space to plant. Amy Huber (Shubin & Bass representing the Bal Harbour Shops) introduced her team and commented that the following presentation would be based upon the results of a tree survey and an analysis of the health conditions of existing trees. James Philips (Raymond Jungles) provided a presentation describing the 20-foot sound wall to be painted in a way to render it the most unnoticeable as possible as the planted vegetation begins to grow. He described different options during and after Shops construction for Park Drive and Bal Bay Drive. Bal Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 I7 Mayor Groisman commented on a security issue for the Bal Bay Drive portion of the wall to which Nik Massey (Bal Harbour Shops and Whitman Family Development) stated that the wall there would be permanently extended to ten feet. Mr. Philips continued his presentation describing the proposed and existing plantings and the proposed ground cover, replacing some vegetation with native canopy and understory species. Mayor Groisman asked it would be possible to plant trees that would look more like the 2-year scenario to which Lisa Hammer (Horticultural Consultant, P.O. Box 330203, Miami, FL 33233) replied that taller plantings couldn't fit between existing trees without damaging the roots and the taller trees. Councilwoman Cohen noted that it will take many years to get full coverage of the wall and suggested that plan should be simplified. Ms. Hammer commented that the existing fichus trees are not in generally good condition and that, by removing them, the canopy can be opened to allow the understory to grow and that the plan is to accomplish filling the canopy to shield view of the buildings and grow the understory to shield view of the wall. A general discussion ensued regarding the size of plantings after which Mr. Gonzalez commented that this item was before the Council to approve landscape plan not that he did not want to interject Village Staff into second guessing and second guessing the proponents. He stated that the project would be outcome driven: to decrease visibility of the wall and to reduce sound. He added that this was the opportunity for Councilmembers to weigh in on the selection of one species over another. John Oldenburg (Director of Parks and Open Spaces) stated that he had reviewed the plan in regards to the size of the plantings and added that Ms. Hammer was a renowned horticulturalist. Mr. Philips stated that they had selected native species that would adapt to the shaded understory and the range of species selected would provide bio-diversity that would offer ecological and biological advantages over a simplified selection of species. MOTION: A Motion to select Option 1 of the Plan with the amendment of the additional height to the Bal Bay Dr. portion of the wall was moved by Mayor Gabriel Groisman and Seconded by Councilman Jeffrey Freimark. Dan Holder (24 Bal Bay Dr.) asked for a clarification of the motion, the asked if the sway could be eliminated on Bal Bay Drive to allow for more vegetation, to which Mr. Gonzalez clarified the motion and replied that underground utilities would be problematic to eliminating the Swale. Mr. Holder then commented that mahogany tree pods could be dangerous during hurricanes. Dina Cellini (211 Bal Cross Dr.) expressed her concern that it would take two years for coverage and the people living across from the wall may have a problem with looking at the wall until the plantings were able to cover it. Bal Harbour village Council Regular Council Meeting Agenda — July 18, 2017 18 Colman Nee (90 Park Drive) asked for clarification of the existing pedestrian gate on Bal Cross Dr. to which Mr. Gonzalez replied that the gate access for vehicles was temporary during the sewer work and that it is now back pedestrian -only access. VOTE: The Motion passed by unanimous voice vote (4-0) R9 — NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion on enforcing turtle protector, lighting on the beach (Councilwoman Patricia Cohen) This item was discussed at 7:35 PM. Councilwoman Cohen introduced the item expressing her concern regarding the increased lighting on the beach and its effect on nesting sea turtles. Teal Kawana (Manager of the Miami -Dade County Sea Turtle Program) provide a brief history of the Sea Turtle Program and an overview of her work with Miami -Dade municipalities in lighting compliance ordinances aligned with beach renourishment efforts. She described her efforts in surveying and monitoring turtle nests and community outreach in regards to the effects of sea -turtle - safe lighting. She described the 'golden rules of sea turtle light as low, shielded and long, meaning low mounting, low height, low number of fixtures and low wattage, shielded fixtures and long wave length in the lighting spectrum. She stated that newer building are pretty much compliant, but ordinances need to be modified to bring older buildings into compliance. A general discussion ensued with a consensus from the Council that the Village should work on an ordinance to bring older buildings in to compliance. R9B Discussion on orchids planted on the beach. (Councilwoman Patricia Cohen) Councilwomen Cohen introduced the item asking for an update on the orchid project. Mr. Oldenburg commented that 90 percent of orchids initially planted by Fairchild Gardens did not survive, that the site was a study site for rare orchids and they would now reintroduce other species to beach study area, that it was a learning -as -you -go study. He also stated non-native baby iguanas were eating the native orchids. R9C Discussion on emergency ambulance motorbikes. (Councilwoman Patricia Cohen) Councilwoman Cohen introduced the item describing a successful program in Israel that has proven to significantly reduce response time for first responders. Mr. Gonzalez commented that the Village is part of the Miami -Dade County service area and suggested that this could be either be a coordinated effort with the County or that the Village could work with neighboring communities. Bal Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 P 19 Mayor Groisman said that he would begin conversations with neighboring mayors to which Councilman Freimark added his support. R9D Discussion regarding water fountain and foot station at north end of the beach. (Mayor Gabriel Groisman) Mayor Groisman introduced the item expressing that the well -traveled north end of the beach lacked any type of facility. Councilwoman Cohen expressed her concern any such facility would be used for fish cleaning. Miguel De La Rosa, Acting Chief of Police, stated that the enforcement of a ban of fish cleaning would not be difficult since that area is already regularly patrolled. Mr. Oldenburg added that water service is available from the existing irrigation system, and though access to electricity, though challenging, is would be solved at other projects already occurring at the north end of the beach. R9E — Public Comment Penny Sepler (10295 Collins Ave.) commended celebration 4th of July celebration and suggested that the Village's 5k race be dedicated to Chief Mark Overton. She then suggested that the Council revisit redistricting of the Village given the recent addition of the Oceana. Dan Holder (24 Bal Bay Dr.) asked the Council to give more consideration to a permanent wall on Bal Bay Dr. He commented that having spoken with the Miami -Dade County manager of its Sea Turtle Program he felt that the proliferation of beach furniture is affecting nesting turtles and that that should be considered in the proposed ordinance. Councilwoman Cohen expressed her displeasure of trees selected by Oceana, to which Mr. Gonzalez responded that development agreement, which the Village had negotiated with the Oceana prior to his employment, did not contemplate the necessary detail, but that it might not be too late to reach out the HOA. Councilman Freimark agreed adding that it is incumbent for the Village Council to accept ownership and to pay close attention to details in agreements. R10 — VILLAGE MANAGER REPORT Mayor Groisman suggested that the Manager assemble a list of power -related issues and reach out to Florida Power and Light representatives to address the Council. He also asked the Manager to begin scheduling public meetings and workshops for the upcoming park and jetty projects. R11— VILLAGE CLERK REPORT R12 — VILLAGE ATTORNEY REPORT Bal Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 = 1 _ - 110 Ms. Trevarthen announced two Executive Sessions: Bal Harbour Yacht Club & Flamingo Way Enterprises vs Bal Harbour Village (Case# 15-006-568-CA-30) and Flamingo Way Enterprises vs. Bal Harbour Village (Case# 16-269-AP). Mayor Groisman provided an update of the negotiations with Weiss Serota Helfman Cole & Bierman explaining the Village was awaiting a response from the law firm. END OF REGULAR AGENDA ADJOURNMENT The meeting was adjourned at 10:17 PM. ..--f abriel Groisman Attest: 1 Dwight S. Danie, Village Clerk Bat Harbour Village Council Regular Council Meeting Agenda — July 18, 2017 111