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HomeMy Public PortalAbout2017-12-13 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 Cale & Bierman, P.L. Bal Harbour Village Council Regular Meeting Minutes December 13, 2017 At 7:30 PM Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to order at 7:31 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 Susan L. Trevarthen, Village Attorney Stephanie Marquez -Quintero, Deputy Village Clerk The Pledge of Allegiance was led by Mayor Groisman. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were none. PA - PRESENTATIONS AND AWARDS - (These items were heard beginning at 7:47 PM.) PA1 Presentation of Flag to a Veteran of World War II - Edward Bloch Chief Miguel De La Rosa presented U.S flag that had been flown over Arizona Memorial at Pearl Harbour on December 7, 2016 to Edward Bloch a Pear Harbor veteran and B-17 and B-24 Bomber pilot. PA2 Presentation from State Senator Daphne Campbell - District 38 Senator Campbell commemorated Ron Book for his hard work in lobbying for the Village then provided a report of her efforts in Tallahassee and offered her support in the upcoming Legislative session. PA3 Presentation from State Representative Joseph Geller - District 100 Representative Geller provided a report summarizing two appropriations: $750,000 for Haulover Inlet Bypass project and $1,618,576 for roadway infrastructure project. He stated that he is also sponsoring a new hate crimes bill and working on a remedy for an incompletely definition of disability. He said that he is also working on a bill that would have Florida become a signatory to a National Popular Vote Interstate Compact. Ron Book (Lobbyist for Bal Harbour Village) stated that the sand bypass project is the best project with the best chance of passing, that it already has a number (HB-4109) and will be heard the first week of the session. He stated that the water project also had a number (HB 4127) which could be heard the second week. PA4 Florida City and County Management Association (FCCMA) presentation to the Village Council by Kathryn M. Matos, MPA, Sunny Isles Mr. Gonzalez introduced Ms. Matos who recognized the Village's 70th year milestone of having a Council -Manager form of Government. Mayor Groisman introduced Katherine Magnoli, Miss Wheelchair Florida, described her work advocating inclusion and accessibility for everyone. CONSENT AGENDA - (This Item was considered at 7:31 PM) C6 - COUNCIL MINUTES C6A Approval of November 21, 2017 Regular Council Meeting and Local Planning Agency Minutes. C7 - CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SETTING COUNCIL MEETING DATES FOR THE 2018 CALENDAR YEAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 Pagel 2 VILLAGE AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE BAL HARBOUR VILLAGE CODE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING A MEMBER TO THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7 - SUPPLEMENTAL CONSENT AGENDA RESOLUTIONS C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY; PERMITTING THE VILLAGE TO UTILIZE COUNTY FACILITIES AND SUPPORT STAFF FOR THE VILLAGE CIVIL VIOLATION ENFORCEMENT PROCESS; PROVIDING NECESSARY AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: A Motion to approve the Consent Agenda was moved by Councilman Jeffrey Freimark and Seconded by Assistant Mayor Seth Salver. VOTE: The Consent Agenda was approved by unanimous voice vote (5-0). R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING DIVISION 2, "POLICE" IN ARTICLE IV "OFFICERS AND EMPLOYEES" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES IN ORDER TO CREATE SECTION 2-112 "CONSIDERATION OF ANTI-SEMITISM IN ENFORCING LAWS;" PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, FINDINGS, AND AN EFFECTIVE DATE. (Second Reading) This item was considered at 7:33 PM. Mr. Gonzalez introduced the item. Mayor Groisman noted that the issue of providing tools to fight anti-Semitism was important, and that this ordinance would protect the community at large, by provide tools to the police department to identify anti-Semitism, while protecting First Amendment rights. He stated that having been the first community in the Nation to pass an anti-BDS ordinance two years prior, he felt that there was a mandate to act, to be the first community in the Nation to Bat Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 13 codify the U.S. State Department's working definition of anti-Semitism, proving Bal Harbour's ongoing commitment against bigotry. He then thanked members of the Council, saying that he was honored to work with them, and he thanked Congressman Carlos Curbelo, Congresswoman Ileana Ros-Lehtinen and, Congresswoman Debbie Wasserman -Schultz, for their support. Solomon Schoonover (1495 Windjammer Way, Hollywood) applauded the Village's actions with anti -discrimination and anti -hate and stated that the Village must continue to lead by example. Sharona Whisler (Executive Director of the Florida chapter of Zionist Organization of America 4401 N 415t Court, Hollywood) thanked the Council its actions and offered support for the ordinance. Brian Mulheren (10245 Collins Avenue) expressed his support for the ordinance stating that the fight against hate, discrimination and abuse of women was of upmost importance. Irwin Shaab (9801 Collins Avenue) thanked the Council for taking this action, especially it being the second day of Hanukkah. Ree Kelly (2000 Towerside Terrace, Miami Shores) expressed her concern that more has not been done. Assistant Mayor Salver read the covenant that ran with the land in the Residential Section of Bal Harbour prohibiting the sale or rental of property to anyone with one quarter Hebrew or Syrian blood or not of the Caucasian race. He expressed is support for the item in that it not only atoned for past sins, but paved the way for a better future, and said that he also was honored to be on the Council. MOTION: A Motion to approve the ordinance on second reading was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth 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 X VOTE: the ordinance passed on second reading by unanimous roll call vote (5-0). Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 P a g e 14 The Regular Council Meeting was recessed at 8:29 PM to conduct the Local Planning Agency Meeting after which the Regular Council Meeting was reconvened at 9:26 PM to consider Council Agenda Item R7A. R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 "ZONING," ARTICLE III "DISTRICT REGULATIONS," DIVISION 11 "B BUSINESS DISTRICT," SECTION 21-320 "TRAFFIC LEVEL; APPROVAL OF TRAFFIC ANALYSIS" OF THE CODE OF ORDINANCES TO REMOVE RESTRICTION ON ACCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND AN EFFECTIVE DATE. (First Reading) Daryll Payne (Stearns Weaver Miller lobbyist for Saks Fifth Avenue) stated his objections for the record. Beth Berkowitz (10160 Collins Avenue) discussed case law that she believed showed clearly that it would be destructive for residents to meld commercial with residential. She stated that she believed that Council had not been educated on Bal Cross Drive. Ree Kelly (2000 Towerside Terrace) stated that she was at loss as to whether or not permits had been issued for the cross cut and stated that the issue was actionable. Councilwoman Cohen left the meeting at 10:12 PM. Irwin Shaab (9801 Collins Avenue) thanked everyone for Collins Avenue being one of the most beautiful miles in America. He stated that it is not okay to use the Fairfield Manor site as a construction site facility because it is a future site for a Village facility. Dan Holder (24 Bal Bay Drive) stated that construction has yet to start and that for the next 8 years Bal Harbour will not be livable. Brian Mulheren (10245 Collins Avenue) state that he felt it was a waste of time getting up and talking to the Council. He stated that the Shops have no rights to put the curb cut and that trucks are going in and out and that the fence does not comply. Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 1 5 MOTION: A Motion to pass the ordinance on first reading was moved by Councilman Jeffrey Freimark and seconded by Councilman David Albaum. ROLL CALL: 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 Motion passed by unanimous voice vote (4-0). Mayor Groisman stated that he was not going to address what had just happened in the Chamber because the persons who had perpetrated it had just left. He stated that there has to be a level of respect and decorum maintained. R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE CHAPTER 21 "ZONING" BY AMENDING ARTICLE III "DISTRICT REGULATIONS," DIVISION 4 CREATING SECTION 21-146.3 RELATING TO PRIVATE MARINAS IN THE PC (PRIVATE CLUB) DISTRICT AND BY AMENDING ARTICLE VII "BOATS, WATERWAYS, BEACHES AND DOCKING FACILITIES," DIVISION 2 CREATING SECTION 21-438 RELATING TO EXISTING PRIVATE MARINAS IN PC (PRIVATE CLUB) DISTRICT. This item was considered at 10:06 PM after Agenda Item R7A. There was no public comment. MOTION: A Motion to approve the ordinance on first reading was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. 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 unanimous voice vote (5-0). Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 1 6 R7 - RESOLUTIONS - This item was consider at 9:26 after adjourning the Local Planning Agency Meeting. R7A A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A SETTLEMENT OF LITIGATION BROUGHT BY BAL HARBOUR YACHT CLUB, INC. AND FLAMINGO WAY ENTERPRISES, LLC AGAINST BAL HARBOUR VILLAGE; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SETTLEMENT AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Groisman left the dais at 9:26 PM. and returned at 9:31 PM. Ms. Trevarthen introduced the item and summarized the terms and features of the settlement agreement. She explained that items regarding a waiver of plat and site plan amendments would be considered by the Council in January, which, if the Council approves then the settlement becomes implemented and a restrictive covenant would be recorded, and if it does not approve, the settlement agreement would unwind. She said this is global settlement that addresses other matters involving other parties: Park Preservation LLC, Bal Harbour Civic Association Inc. and FSH Bal Harbour LLC. Assistant Mayor Salver commented that he had understood thatthis item would be coming to the Council already signed by all the parties to which Mr. Gonzalez responded that both parties had come with a commitment to sign and it had just been a timing issue. Mayor Groisman asked representatives of both parties to indicate their commitment to sign to which Tony lmbesi (175 Camden Drive) representing Flamingo Way and Tom Robertson (200 S. Biscayne Blvd. representing the Civic Association) each said that they were committed to sign, with Mr. Robertson adding that he had admitted minor changes in the agreement and in the exhibits. Ms. Trevarthen described a language change in Chapter 23 of the agreement and exhibits B-K to the agreement that clarified that references to the Residential Section meant the gated portion of the Residential Section. Ree Kelly (2000 Towerside Terrace) asked if the Council was aware of pending litigation regarding the private club reverts to the Grahams after 20 years. She said that she was confused by the Civic Association being an entity in the settlement stating that 100 percent participation of gated community residents was required to form the Association. Bat Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 1 7 Neil Alter (9801 Collins Avenue) asked the Council to elaborate on how long litigation had been going on and to what extent were the legal expenses. Brian Mulheren (10245 Collins Avenue) asked if the Village would be reimbursed for legal expense and asked what the financial benefit the Village would incur for allowing the marina to operate. Beth Berkowitz (10160 Collins Avenue) asked how the agreement would affect West side access and their ability to walk on streets and enjoy the parks. Mayor Groisman stated that access will not be changed and that the Village would gain easements to the pump station and utilities. Mr. Gonzalez stated that the first litigation against the Village began in 2015 and the second regarding a denial of a plat waiver, began the summer of 2016. Ms. Trevarthen stated that the cost of litigation was approximately $250,000. Mayor Groisman added that the Graham lawsuit claim were denied at trial level and the case was now in appeal. Councilwoman Cohen asked the Village Attorney to explain the requirement of 100 percent participation to which Mr. Robertson (representing the Civic Association) explained that the Association would not be able to assess anyone that did not voluntarily join the Association. Councilman Freimark stated that another benefit would be for the Village to put the litigation behind. He stated that he was comfortable with the period of eight years specified in Paragraph 23 of the agreement but he would like a greater linkage to the understanding that there will be a milestone agreement. He proposed the following amendment to paragraph 23. "...Following the Final Approval Date, the Village shall continue to assess and collect the necessary assessment to October 1, 2019 as previously determined. The Village further agrees to assess and collect the necessary assessment from October 1, 2019 ate for an additional period of eight years. If the Association proffers a written agreement to the Village within #### days, of the effective date of this agreement, committing to a calendar of enforceable milestones towards the Association being ready to administer the assessments that is acceptable to the Village Council. If the Village ceases to administer the assessments then, the Association shall assess and collect assessment." Councilwoman Cohen added that the settlement agreement does not mention the Village providing services to the Gated Community for another eight years, to which Mr. Gonzalez responded that that issued would be a component of the milestone agreement. Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 18 MOTION: A Motion to amend the settlement agreement with Councilman Freimark's suggested changes and with the changes to by admitted by Mr. Robertson in 23 A, B, and C and their companion items in the exhibits. The Motion was seconded by Councilman Jeffrey Freimark, VOTE: The amendments passes by unanimous voice vote (5-0). MOTION: A Motion to amend Councilman Freimark's amendments by filling in the blank with a time frame of "by the end of February` was moved by Mayor Gabriel Groisman and seconded by Councilwoman Patricia Cohen. VOTE: The amendment passed by unanimous voice vote (5-0). MOTION: A Motion to pass the resolution with the amended settlement agreement was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. Mr. Imbesi asked if anything would be affected with the "end of February" time frame, to which Mayor Groisman responded that nothing would be affected since the intent was to have all items presented during the January Council Meeting. Mr. Robertson questioned the provision of the contract based on coming to an agreement in another contract, to which Ms. Trevarthen clarified that only a proffer of a milestone agreement was required. Mr. Fisher questioned what would happen if there were disagreements between the parties, to which Ms. Trevarthen responded that the obligation was met with a proffer. Councilwoman Cohen left that dais at 10:02 PM and returned at 10:04 PM VOTE: The resolution passed with the amendments to the settlement agreement by unanimous voice vote (4-0). Mayor Groisman thanked Village staff and the parties of the agreement for their good faith efforts in one of the most complex settlements he's ever been involved with. R7B A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND BAL HARBOUR CIVIC ASSOCIATION, INC. ESTABLISHING MILESTONES FOR THE ASSOCIATION'S OPERATION OF THE GATED RESIDENTIAL SECTION; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 P a g e 19 MOTION: A Motion to defer this item was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: the Motion passed by unanimous voice vote (4-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE AGENDA FOR THE 2018 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE. This item was heard at 8:23 PM after the reports from Senator Daphne Campbell, Representative Joseph Geller and Lobbyist Ron Book. There was no public comment. MOTION: A Motion to approve the resolution was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen. VOTE: The resolution passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING DISBURSEMENT OF VILLAGE GENERAL EMPLOYEES, VILLAGE CLERK, AND VILLAGE MANAGER PERFORMANCE BONUSES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez provided an overview of the item stating the pay plan provides the opportunity to create bonuses for employees of up to 4 percent for non -management employees and up to 5 percent for management employees, based on employee evaluations. There was no public comment. Mayor Groisman stated that he was extremely happy with both the Village Manager and the Village Clerk. He proposed 7.5 percent bonus and a 5 percent raise for both the Manager and the Clerk. Councilman Freimark asked what the average increase for the balance of the team minus the Clerk and the Manager to which Mr. Gonzalez responded that it was closer to 5 percent. He said that he also was impressed by the Manager, the Clerk and the entire Village Team then he would support the Mayor's recommendation. Councilman Albaum comment that he made it through the year with the assistance of the Manager and the Clerk and proffered a higher bonus of up to ten percent. Bat Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 110 MOTION: A Motion to provide the Village Manager and the Village Clerk an eight percent bonus and a five percent raise was moved by Mayor Gabriel 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 Creation of an Anti -Hate Crime Ordinance (Councilman Freimark) This item was discussed at 7:46 PM. Councilman Freimark stated that he was proud to be a member of this Council, especially with respect to the just -passed anti-Semitism ordinance. He commented that being the being the leader of a large Jewish organization and the largest employer of Haitians and other minorities in Little Haiti, that he had a fond appreciation for tolerance for all. He stated that there is no room for hate in this community and that he looked forward to consideration of a companion anti -hate ordinance. R9B Discussion regarding Beach Furniture (Councilman Freimark) Mr. Gonzalez updated the Council on the status of the beach furniture since the November item regarding a purchase of furniture did not pass and given the desire of the Council at its retreat to roll the beach furniture look into the larger Collins Corridor project. He suggested that, in the meantime, the Council could approve a purchase of interim furniture. Councilman Freimark suggested that the Council should revisit the item. Mr. Gonzalez stated that in the interim more of the same type of benches could be utilized or the Council could look at new designs. He suggested that the Manger provide an analysis of an upfront cost and total cost of ownership and whether or not it could be incorporated into a long range plan. There was a general consensus from the Council to provide the Manager direction to utilize the same style benches with at more locations on the west side. Mayor Groisman added that the Manager should explore recessing the benches as much as possible. He added that he had received multiple complaints regarding a bench in front of the Majestic and suggested placement the bench on the northern boundary of the Majestic on the easement. Councilman Freimark concurred and suggested letting the Manager resolve the issue of placement. Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page l 11 R9C Discussion of Village Retreat (Councilwoman Cohen) R9D - PUBLIC COMMENT Dan Holder (24 Bal Bay Drive) commented on the lack of attention provided to members of the public. He complained that a weekend children's event was extremely loud. He then stated that he had found a "drifter", a unit to trace ocean currents, on Bal Harbour Beach. Penny Sepler (10275 Collins Avenue) commented that she thinks that this Council is more receptive to members of the public than past Councils and that the meetings are much more civilized. R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT- The meeting was adjourned at 10:49 Attest: Dwight 5. anie, Village Clerk Bal Harbour Village Council Regular Meeting Minutes — December 13, 2017 Page 112