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Home My Public Portal About2018-01-30 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. Bal Harbour Village Council Regular Meeting Minutes January 30, 2017 At 7:00 PM Bal Harbour Village Hall e 655 Street • Bal Harbour • Florida 33154 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 Councilman Jeffrey Freimark (@ 7:30 PM) The following were not present Councilwoman Patricia Cohen 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. Mayor Groisman then announced the passing of Police Chief Miguel De La Rosa and the arrangements that had been made for his funeral services. He then provided a presentation of photos of Chief De La Rosa which was followed by a moment of silence. Mr. Gonzalez then read the commemoration to Chief De La Rosa that was used for his Swearing -in Ceremony. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS MOTION: A Motion to approve the Administration's recommendation to defer Agenda Items R5A, R5C, QJ1, R9A, R9B, R9C, R9D, and R9E until the February 20th Regular Council Meeting was moved by Mayor Gabriel Groisman and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (3-0). CONSENT AGENDA C6 - COUNCIL MINUTES C6A Approval of Minutes November 28-29, 2017 Village Council Retreat Minutes December 13, 2017 Local Planning Agency Minutes December 13, 2017 Regular Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE A CONTINUING SERVICES AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. FOR THE PROVISION OF ENGINEERING AND PROFESSIONAL CONSULTING SERVICES TO ACT ON BEHALF OF THE VILLAGE AS THE VILLAGE ENGINEER OF RECORD, IN THE AMOUNT NOT TO EXCEED ANNUAL BUDGET ALLOCATIONS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE A CONTINUING SERVICES AGREEMENT WITH CHEN MOORE AND ASSOCIATES FOR THE PROVISION OF ENGINEERING AND PROFESSIONAL CONSULTING SERVICES AS NEEDED, IN THE AMOUNT NOT TO EXCEED ANNUAL BUDGET ALLOCATIONS; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH THE THIRD RANKED FIRM, 300 ENGINEERING GROUP IN THE EVENT AGREEMENTS CANNOT BE REACHED WITH ONE OF THE TWO TOP RANKED FIRMS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING QUOTATION NO-QT208669 FROM WASTECORP PUMPS LLC. FOR THE PURCHASE OF A WASTECORP TRASH FLOW PUMP 83 HORSEPOWER DIESEL ENGINE MODEL #TFCC-8M-DT AND ASSOCIATED FREIGHT COSTS NOT TO EXCEED FORTY ONE THOUSAND THREE HUNDRED DOLLARS ($41,300); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT THE HARBOUR HOUSE CAFE APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO FOR AN 11C LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 12 MOTION: A Motion approve the Consent Agenda was moved by Assistant Mayor Seth Salver and seconded by Mayor Gabriel Groisman. VOTE: The Consent Agenda was passed by unanimous voice vote (3-0). R5 - ORDINANCES R5A 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. (Second Reading) Deferred R5B 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 (Second Reading). Mr. Gonzalez provided a brief description of the item which is part of the Settlement Agreement that was passed in December of 2017. There was no public comment. MOTION: A Motion approve the ordinance on second reading was moved by Assistant Mayor Seth Salver and seconded by Mayor Gabriel Groisman. 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 - - VOTE: The ordinance was passed on second reading by unanimous roll call vote (3-0). Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 13 R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, RENAMING AND AMENDING SECTION 2-112 "CONSIDERATION OF ANTI-SEMITISM IN ENFORCING LAWS" OF CHAPTER 2, ARTICLE IV, DIVISION 2 "POLICE" TO REQUIRE CONSIDERATION OF HATE CRIME IN ENFORCING LAWS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, FINDINGS, AND AN EFFECTIVE DATE. (First Reading). Deferred Q1 - QUASI-JUDICIAL Ms. Trevarthen read the quasi-judicial procedures statement and then asked Council members to disclose ex-parte communications, to which Mayor Groisman and Assistant Mayor Salver responded that they had had discussions with the applicant and Councilman Albaum responded that he had not had ex-parte communications. The Village Clerk swore in all those who would be providing testimony. QJ1 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A MINOR AMENDMENT TO THE SITE PLAN FOR THE BAL HARBOUR SHOPS EXPANSION REVISING THE NORTHERN ENTRANCE PURSUANT TO SECTION 21-322 OF THE CODE OF ORDINANCES; AND PROVIDING FOR CONFLICTS, CONDITIONS AND FOR AN EFFECTIVE DATE. Deferred QJ2 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A SITE PLAN APPLICATION BY FLAMINGO WAY ENTERPRISES, LLC, IN THE PRIVATE CLUB DISTRICT OF BAL HARBOUR GENERALLY LOCATED AT 200 BAL BAY DRIVE, SOUTH OF BAL BAY DRIVE ON THE NORTH SIDE OF THE YACHT BASIN, PURSUANT TO SECTION 21-146.2 OF THE CODE OF ORDINANCES; AND PROVIDING FOR CONFLICTS AND FOR AN EFFECTIVE DATE. Ms. Trevarthen briefly described the item and Michal Miller, Village Planner, provided a description of the staff recommendation stating that the site plan is the narrow area of the eastern portion of the Yacht Basin, which is basically the parking lot and the Dockmaster Building. He stated that the Site Plan application and drawings was basically an improvement of what currently exists. Mr. Gonzalez added that as part of the settlement agreement it was proffered that there would be no future development, and that this site plan accomplishes that that proffer. Ms. Trevarthen added that the covenant that goes with the land has been drafted and is in escrow. Mayor Groisman further described the site plan for the audience using images projected onto the overhead screen. Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 14 Mr. Gonzalez stated that the applicant had agreed to replace the existing asphalt with brick pavers that no future development could occur without Council action, and that the Village had locked these requirements in as much as it could, utilizing the Site Plan, the Settlement Agreement and the restrictive covenants. He added that the Site Plan does not affect the 3 residential lots and that any development on those sites would require an Architectural Review Board process. Joseph Imbesi (1675 Lands End Road, Manalapan - Flamingo Way Enterprises), stated that the Site Plan ensures that the sea bottom would not be tampered with or developed, and that all asphalt would become pavered roadway or parking which the community could walk on at any time. Holly Looby (220 Bal Bay Drive) asked for clarification of the site plan slide of existing residential lots in relation to the proposed development, to which Mayor Groisman used the overhead projector to further describe it, adding that the residential lots were not part of the Site Plan. Councilman Freimark arrived at 7:30 PM. stating that he had had no ex parte communications with the applicant. Babak Raheb (128 Balfour Drive) asked if the three residential lots would block the view adding that the land encompassed 80,000 sq. ft. and that the applicant could can build up to 80%, to which Mr. Miller stated that the percentage was 40% and that no more than 50% of the lot could be covered with impervious surfaces. MOTION: A Motion approve the resolution was moved by Assistant Mayor Seth Salver 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 resolution was passed by unanimous roll call vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 1 5 QJ3 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA ACCEPTING THE BUILDING DIRECTOR'S DETERMINATION THAT A WAIVER OF PLAT APPLICATION BY FLAMINGO WAY ENTERPRISES, LLC, SEEKING TO CREATE THREE SINGLE FAMILY RESIDENTIAL LOTS FROM AN APPROXIMATELY 2.99 ACRE PORTION OF TRACT "E" OF THE BAL HARBOUR RESIDENTIAL SECTION PLAT, GENERALLY LOCATED SOUTH OF BAL BAY DRIVE ON THE NORTH SIDE OF THE YACHT BASIN MEETS THE VILLAGE CODE OF ORDINANCES AND COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. Ms. Trevarthen briefly described the item. Mr. Miller presented staff recommendations adding that the proposed lot sizes exceed the minimum zoning requirements of the Village Code and the Comprehensive Plan for the District. He added that with research and surveys existing pipes had been identified and reflected in the easements that are being held in escrow. Mr. Miller then described the recommended conditions for approval which included: (1) the applicant/future-landowner should identify the location of abandoned drainage pipes and determine if they should be removed or the land stabilized above them; (2) once the waver of plat is approved any further modification desired by the applicant or required by the County needs Village review; (3) if the waiver of plat is approved, it must be submitted to the County before any building permits are issued; and (4) the applicant will convey the title to the docks adjacent to each lot to the person/entity acquiring title to the lot. There was no public comment MOTION: A Motion approve the resolution was moved by Assistant Mayor Seth Salver 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 - - Councilman Jeffrey P. Freimark X VOTE: The resolution was passed by unanimous roll call vote (4-0). Mayor Groisman added that settlement agreement would be in effect, and the two lawsuits would be dismissed. Mr. Gonzalez added that all greenspace that was designated park and owned by the applicant would now be transferred to Civic Association Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 1 6 R7 - RESOLUTIONS R7A A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE EXECUTION OF A MILESTONE AGREEMENT BETWEEN THE VILLAGE AND THE BAL HARBOUR CIVIC ASSOCIATION; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE MILESTONE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (Supplemental Agenda Item) Mr. Gonzalez provided a brief description of the item stating that an element of the Settlement Agreement was for the Village to continue assisting the Civic Association for ten years by collecting the assessment through Miami -Dade County and to providing an easy transition for stewardship by the Association, and that the Civic Association has proffered an acceleration the takeover of the management and operation much sooner, perhaps by year five. Babak Raheb (128 Balfour Drive) asked who the members of the Civic Association were and whether or not Mayor Groisman was a member of the Association. He commented that a private entity had been created that represents the entire Gated Community and that the levying of a tax was improper in that there was not one hundred percent membership. Mayor Groisman commented that about 100 homes had paid $3,000 each towards the Civic Association. Mr. Gonzalez added that the Milestone Agreement provides the structure for an orderly transition and that the Village is not going to act imprudently by handing stewardship over to the Association if it is not ready. MOTION: A Motion approve the resolution was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The resolution was passed by unanimous voice vote (4-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Beach Renourishment efforts and the condition of the beach (especially behind the 101 block of Collins Avenue). Assistant Mayor Salver. Deferred Mr. Gonzalez offered that in lieu of Councilman Freimark's discussion item, a Beach Renourishment Workshop would be scheduled, hopefully to occur in a location near the Beach, where the community and perhaps neighboring communities could participate. There was a general consensus to conduct a workshop. Mayor Groisman added that it is Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 1 7 important to include an information session with representatives from the County/State and Councilman Freimark added that an important element is advocacy. R9B Discussion regarding Resident Advocacy for Solution to Beach Erosion - Councilman Freimark. Deferred R9C Update regarding Benches on West Beach Path - Councilman Freimark. Deferred R9D Discussion regarding Periodic Resort Tax Committee Reporting to Council and Public - Councilman Freimark. Deferred R9E Discussion on expected decorum of Bal Harbour Village Board members - Mayor Groisman. Deferred R9E - PUBLIC COMMENT R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT- The meeting was adjourned at 8:01 PM. r Gabriel Groisman Attest: Dwight Danie, Village Clerk Bal Harbour Village Council Regular Meeting Minutes — January 30, 2018 Page 18