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HomeMy Public PortalAbout2017-10-24 Regular MeetingBAL HARBOUR - VILLAGE - Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilwoman Patricia Cohen Councilman Jeffrey P. Freimark Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. Village Council Regular Council Meeting Minutes October 24, 2017 At 7:00 PM 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 7:02 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Councilman Jeffrey Freimark Also present: Ramiro Inguanzo, Assistant Village Manager Dwight S. Danie, Village Clerk Susan L. Trevarthen, Village Attorney Stephanie Marquez -Quintero, Deputy Village Clerk REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. PRESENTATIONS AND AWARDS MA Presentation by Miami -Dade County Fire Chief David Downey Councilman Freimark joined the meeting at 7:12 PM. The Village Council Regular Meeting was recessed at 7:14 PM, to conduct the Local Planning Agency Meeting, and reconvened at 7:41 PM. CONSENT AGENDA C6 COUNCIL MINUTES C6A Approval of Minutes of the September 12, 2017 First Budget Hearing and the September 26, 2017 Second Budget Hearing and Regular Council Meeting. C7 CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, ACCEPTING AND ADOPTING THE CERTIFICATE OF THE RESULTS OF THE OCTOBER 13, 2017 POLICE OFFICERS' RETIREMENT BOARD ELECTION. (VILLAGE CLERK) C7B A RESOLUTION OF VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, ACCEPTING AND ADOPTING THE CERTIFICATE OF THE RESULTS OF THE OCTOBER 13, 2017 GENERAL EMPLOYEES RETIREMENT BOARD ELECTION FOR BAL HARBOUR VILLAGE. (VILLAGE CLERK) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE RE -APPOINTMENT OF VALERIE RENNERT TO SERVE AS SPECIAL MASTER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND CALVIN, GIORDANO & ASSOCIATES INC. (CGA) FOR THE PROVISION OF PROFESSIONAL ENGINEERING AND SURVEYING SERVICES RELATED TO AN IDENTIFIED EMERGENCY SANITARY SEWER REPAIR WITHIN THE GATED RESIDENTIAL COMMUNITY IN THE AMOUNT NOT TO EXCEED THIRTY FOUR THOUSAND ONE HUNDRED FORTY DOLLARS ($34,140.) PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PROPOSAL FROM GROWERS EQUIPMENT CO. FOR THE PURCHASE OF A 2017 KUBOTA SKID STEER LOADER MODEL SVL75-2HFWC AND ASSOCIATED COSTS NOT TO EXCEED FIFTY TWO Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page 1 2 THOUSAND THIRTY EIGHT DOLLARS ($52,038); AUTHORIZING THE SALE OF SURPLUS VILLAGE EQUIPMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PROPOSAL FROM BOBCAT OF MIAMI FOR THE PURCHASE OF A 2017 BOBCAT COMPACT EXCAVATOR MODEL E26 T4 AND ASSOCIATED COSTS NOT TO EXCEED THIRTY THOUSAND FIVE HUNDRED SIXTY NINE DOLLARS ($30.569); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE USE OF THE LISTED VENDORS BY THE VILLAGE MANAGER; AFFIRMING THE VILLAGE MANAGER'S AUTHORITY UNDER SECTION 2-141 SUBJECT TO LIMITATIONS UNDER STATE LAW CITED HEREIN; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) There were no comments from the public. MOTION: A Motion to approve the Consent Agenda was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0) R5 ORDINANCES R5A 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, AND TO PROVIDE THAT ANY AUTOMATICALLY CALCULATED TIP IS NOT MANDATORY; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (Second Reading) Mr. Inguanzo introduced the item and Ms. Trevarthen described the amendments made to the ordinance between the first and second reading indicated in the Agenda by double strikethrough text. Bat Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page] 3 Mayor Groisman suggested amending the ordinance to provide for the Village Manager to develop administrative procedures and begin implementation and enforcement no later than January 1st, 2018. Councilwoman Cohen commented that the ordinance was too lenient. Councilman Freimark asked for clarification of a violation, asking if three different parties with three different bills on the same date would constitute three violations, or one. A general discussion ensued regarding what would considered to be a violation and what would constitute a first, second, and third violation. Mayor Groisman recommended amending the ordinance to read that every bill that fails to include the disclosure would constitute a violation; that a there would be a five-day cure period; that implementation would begin no later than February 1st, 2017; and that a to stamp would be added in addition to a decal. MOTION: A Motion to amend the ordinance with the above recommendations was moved by Assistant Mayor Seth Salver and seconded by Mayor Gabriel Groisman. VOTE: The Motion passed by unanimous voice vote (5-0). Councilman Freimark stressed the importance of educating the community in regards to the requirements of the ordinance. He then suggested requiring some kind of language (signage) to inform restaurant patrons. Ms. Trevarthen pointed out that the ordinance, as written, prohibits all mandatory tipping including large parties. Councilman Freimark stated that that was not the original intent of the Council and that it is a best practice for restaurants to have mandatory tipping for groups of six or more diners. MOTION: A Motion to amend the ordinance to allow restaurants to require a mandatory tip for groups of six or more was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0) There were no comments from the public. MOTION: A Motion to approve the ordinance as amended was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page 14 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 Ordinance passed on second reading as amended by unanimous roll call vote (5-0). Mayor Groisman left the dais at 8:10 PM R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 "ZONING," ARTICLE III "DISTRICT REGULATIONS," DIVISION 9 "RM-5 MULTIPLE FAMILY RESIDENTIAL DISTRICT," AND ARTICLE V "OFF- STREET PARKING FACILITIES," OF THE CODE OF ORDINANCES IN ORDER TO PROVIDE STANDARDS FOR GRANDFATHERED APARTMENT -HOTEL USES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, FINDINGS, AND AN EFFECTIVE DATE. (First Reading) Mr. Inguanzo summarized the item. Councilwoman Cohen asked if the time would be appropriate to make a recommendation that the Architectural Review Broad to consider a Mid Century Modern architectural style. Mr. Mickey Marrero (Berkow Radell Fernandez & Larkin) stated that he would familiarize himself with the architectural style and be would be open to the consideration for discussion at second reading. There were no comments from the public. MOTION: A Motion to approve the ordinance with direction to staff to amend the item based on the consensus of the Local Planning Agency was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman not present 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 unanimous roll call vote (4-0). Bat Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page 1 5 Mayor Groisman returned to the dais at 8:26 PM. R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY CREATING ARTICLE III, "MANAGEMENT OF BEACH EQUIPMENT" AND ARTICLE IV, "LIGHTING REGULATIONS FOR MARINE TURTLE PROTECTION" OF CHAPTER 10 "MARINE STRUCTURES, ACTIVITIES AND WAYS;" AMENDING THE CODE OF ORDINANCES TO REMOVE AND AMEND OBSOLETE SEA TURTLE REFERENCES FROM DIVISION 4 "PC PRIVATE CLUB DISTRICT" AND DIVISION 10 "OF OCEANFRONT DISTRICT" OF CHAPTER 21 "ZONING;" PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (First Reading) Mr. Inguanzo provided a brief history and summarized the item. Teak Kawana Project Manager for Miami -Dade County's Sea Turtle Conservation Program, provided a recap of the surveys conducted on the beach including the impact of Hurricane Irma on nesting turtles then provided highlights of the proposed ordinance. A general discussion ensued regarding the need for the Council to acquire more information from affected parties, who's in compliance and who's not, and what costs would be involved to obtain compliance including creating a balance between quality of life and strict adherence. MOTION: A Motion to defer the item until affected parties have been notified and information regarding the above concerns has been collected and presented to the Council was moved by Mayor Groisman and seconded by Assistant Mayor Seth Salver. VOTE: The Motion was approved by unanimous voice vote (5-0) R7 RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH SB RENOVATION CORPS (MY RUSTIC DESIGNS BY SERGIO BRAGA) FOR THE DESIGN, CREATION AND INSTALLATION OF BEACH FURNITURE ON THE BAL HARBOUR BEACH PATH; AUTHORIZING THE INSTALLATION OF THE FURNITURE (VILLAGE MANAGER) Mr. Inguanzo provided a brief history of the item and described how he had worked with Councilwoman Cohen and Public Works staff to survey the beach for placement of Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Pagel6 additional seating and how they had talked to residents in identifying shaded areas and how they came across artist who would craft unique bench and garbage can designs. He stated that the Budget Advisory Committee had approved the funding and that after three attempts to bring the designs to the Architectural Review Board, which failed due to a hurricane cancellation and lack of quorum, he brought the designs directly to Council in hopes of getting approval in time for installation before the peak season. Councilwoman Cohen described how she had worked with the artist to come up with designs for placement in "islands" of sea grapes along the beach path. Assistant Mayor Salver asked who had found the artist, to which Councilwoman Cohen said that she had. He then expressed his concern regarding what impact vandalism might have on the proposed furniture. Councilman Albaum asked if the existing benches would be removed to which Mr. Inguanzo answered that that they would, that the new furniture would be spread out as evenly as possible along the beach path and the existing furniture would be re -purposed throughout the Village. Mayor Groisman stated that the new furniture looks nice and that he appreciated that work that had gone into the proposal but that "process" had been thrown out the window. He expressed his concern that there was no RFP/RFQ process to choose the design/artist, that there was no contract submitted with the resolution for the Council to review, that there was inadequate backup to show placement choices and that the resolution was a blank check that allowed the Village Manager to negotiate and enter into a contract for up to $75,000. He added that he thought that Architectural Review Board input was critical. Penny Sepler (10275 Collins Avenue) agreed that this could be a good moment for the community and that the current seating is horrible, but also agreed that there should be three or four different concepts presented. Councilman Freimark agreed that "process" was important, and that there should be a more fulsome presentation of sketches for public review from invited parties so that the Council can make its decision based on facts. He also agreed that a contract needs to be submitted with the resolution. Assistant Mayor Seth Salver expressed caution of putting too much faith in the Architectural Review Board and that he trusted staff judgment. MOTION: A Motion to defer the item until a proper artist/design selection process has been implemented before returning to Council with sufficient visuals and a contract was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote f 5-0). Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 P a g e l 7 R7B A RESOLUTION APPROVING THE EXECUTION OF PROFESSIONAL SERVICE AGREEMENTS WITH CORY GITTNER/MEDIATECH COMMUNICATIONS; CLAIRE BREUKEL; AND THE VILLAGE'S SALES, MARKETING AND PUBLIC RELATIONS REPRESENTATIVES. (VILLAGE MANAGER) Mr. Inguanzo summarized the item. Councilman Freimark asked how often does the Village ask for proposals from the different vendors, to which Mr. Inguanzo replied that, according to his knowledge, most of the individuals had been working with the Village for an extended period of time and that he was unaware of a bid process to select them and that this resolution represented a continuation of their services. Councilman Freimark stressed the importance of a bid process as a best practice in procuring services; that a bid process could explore if there might be someone better or a better way of providing the service. Mayor Groisman agreed and suggested that before the end of these contracts such a process should be implemented Councilwoman Cohen stated that having attended Resort Tax Committee meetings the issue regarding the efficacy of the provision of services by the marketing representatives was discussed at length, and that she was in agreement with a procurement process. MOTION: A Motion to approve the resolution with the understanding that before the next renewal period a selection process will be defined and implemented and that respondents should make their presentations to the Council was moved by Councilman Jeffrey Freimark and Seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING ENTERING INTO AN AGREEMENT WITH THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES / FOOD NETWORK & COOKING CHANNEL SOUTH BEACH WINE & FOOD FESTIVAL FOR BAL HARBOUR VILLAGE TO SERVE AS A SILVER SPONSOR OF THE 2018 FESTIVAL (TOURISM DEPARTMENT) Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 P a g e 1 8 Mr. Inguanzo summarized the item stating that the Village's sponsorship would create a Bal Harbour series of the Festival. Penny Sepler (10275 Collins Avenue) expressed her support saying that it promotes one of Bal Harbour's greatest resources: restaurants. Mayor Groisman expressed his support for the item, adding that local, national and international PR to promote the events was of utmost importance. MOTION: A Motion to approve the resolution was moved by Councilman Jeffrey Freimark and seconded by Mayor Gabriel Groisman. VOTE: The Motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PERMIT FOR THE INSTALLATION OF AN ART STATUE ENTITLED "NO NEW WAVES" AND FOR THE INSTALLATION OF AN ART STATUE ENTITLED "ROTORELIEF", CONSISTENT WITH THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (TOURISM DEPARTMENT) Mr. Inguanzo provided an overview of the item and provided a description of each installation. A general discussion ensued regarding the dimensions and weight of the "No New Waves" statue in regards to public access and safety on the Jetty. Mayor Groisman expressed his concern of the message the "No New Waves" statute sends. Councilman Freimark stated that the message creates negative connotations and the statute looks cheesy on the Jetty. Councilman Albaum expressed his concern that its installation on the Jetty may present safety issues; that someone might get hurt. Assistant Mayor Seth Salver stated that his first impression was that the message was a negative, and that does not speak to the essence of Bal Harbour. Councilwoman Cohen stated the installation would be good PR for Bal Harbour as a cultural hub, and that we want people to talk about. Councilman Freimark stated that he was comfortable with the more visible "RotoRelief" installation on Founders' Circle and that the message was modern and futuristic. Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page19 There was a general consensus from the Council to bifurcate the resolution and address each installation individually. MOTION: A Motion to approve the "RotoRelief" installation was moved by Councilman Jeffrey Freimark and seconded by Mayor Gabriel Groisman. VOTE: The Motion passed by unanimous voice vote (5-0). MOTION: A Motion to deny the "No New Waves" installation was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by voice vote (4-1) with Councilwoman Cohen voting in support of the installation. Councilwoman Cohen commented that the last council had approved a Sister City agreement with Pietrasanta Italy, and she would like to see it move forward. Mayor Groisman provided direction to the Administration to explore the issue and see if there is anything that can be done. R9 NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding beach erosion. (COUNCILMAN JEFFREY FREIMARK) Councilman Freimark introduced the item and asked if there is anything the Council can do to move the beach sand renourishment project along. John Oldenburg, Director of Parks and Public Spaces, reported that the Army Corps of Engineers has designated a special dredging project where it is expected to move a least 38-40 thousand cubic yards that can be slurried onto the beach. He stated that this project, requiring a topographical survey, would be a short-term solution. In the meantime, he is seeking to obtain the actual status of inland management plan update. He reported that, the last that he had heard, an engineering firm had been selected. He said that Broward County's sand bypass project is now under construction and is a good model of a Federal/State/County project. Assistant Mayor Salver asked what could be done about a three-foot shelf created by Hurricane Irma in regards to public safety, to which Mr. Oldenburg replied that the raising of the dune height by the storm was a positive and that sea oats need to be replanted in order to maintain the height. He said he would look into reconfiguring the sand by the jogging path and explore options for making the walk ways safe. He stated that the Village Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page 110 Manager would be sending a Letter to Council (LTC) providing greater detail of the project. R9B Discussion regarding periodic police reports (COUNCILMAN JEFFREY FREIMARK) Councilman Freimark introduced the item suggesting that a periodic report be provided to the Council and community in an open dialog setting, which would basically be an overview of things happening in the community and not just a data dump of statistics. Lt. Oscar Amago agreed that the report would be beneficial to the community and suggested that it be aligned with UCR (Uniform Crime Report) bi-annual reporting dates. R9C Discussion regarding Collins Avenue Corridor (COUNCILMAN DAVID ALBAUM) Councilman Albaum deferred this discussion item for a later date. R9D Report on Bal Harbour Village Recycling and discussion of potential local ordinance. (VILLAGE MANAGER) Mr. Inguanzo introduced the item. Mr. Oldenburg provided a presentation of recycling participation in the Village commented that the Village has opportunities for improvement. He commented that the success of the program depends on outreach and education, increased awareness and cooperation with building management and maintenance personnel. Constantly working towards improvement. There was a general discussion with a consensus that that the Manager's office should help coordinate an outreach program with individual Council members, providing talking points materials that could be left at the buildings. R9E PUBLIC COMMENT There was no public comment. R10 VILLAGE MANAGER REPORT R11 VILLAGE CLERK REPORT R11A Lobbyist Report Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Pagel11 R12 VILLAGE ATTORNEY REPORT The Village Attorney announced the following executive sessions: • KENT HARRISON ROBBINS VS BAL HARBOUR VILLAGE, ET AL 17-235-AP • LYNNE BLOCH MULLEN ET AL VS BAL HARBOUR VILLAGE, FLORIDA ET AL 17-236- AP • LYNNE BLOCH MULLEN ET AL VS BAL HARBOUR VILLAGE, ET AL 17-15260-CA-21 • SAKS FIFTH AVENUE, LLC VS VILLAGE OF BAL HARBOUR 17-15374-CA-04 • BAL HARBOUR YACHT CLUB, INC. and FLAMINGO WAY ENTERPRISES, LLC, VS BAL HARBOUR VILLAGE, L: 2015-006568-CA-30 • FLAMINGO WAY ENTERPRISES, LLC VS BAL HARBOUR VILLAGE, A FLORIDA MUNICIPAL CORPORATION L: 2016-000269-AP-01 END OF REGULAR AGENDA ADJOURNMENT The meeting was adjourned at 10:29 PM. Dwight Dan e, Village C Mayor .briel Groisman Bal Harbour Village Council Regular Meeting Minutes — October 24, 2017 Page 112