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HomeMy Public PortalAbout2018-02-20 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 February 20, 2018 At 7:00 PM Bal Harbour Village Hall • 655 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: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark (@ 7:30 PM) 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 REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS MOTION: A motion to defer R5C and LPA1 to a date certain, March 20,2018, to add a discussion item regarding the Jetty (Councilman David Albaum) and to speak to the .possibility of creating a resolution to encourage the Legislator to address gun control (Councilwoman Patricia Cohen) was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). PRESENTATIONS AND AWARDS PA1 Sergeant Alvin McFarlane Retirement Proclamation - Acting Chief Raleigh Flowers recognized Sergeant McFarlane, retiring February 28, and presented him with a proclamation commending his 23 years of service to Bal Harbour Village. PA2 Presentation of CAFR and GFOA recognition by Donnovan Maginley, RSM - This item was presented at 8:47 PM after Agenda Item R5A by Anil Harris. CONSENT AGENDA C6 - COUNCIL MINUTES C6A Approval of January 30, 2018 Village Council Minutes C7 - RESOLUTIONS C7A 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. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT THE BALMORAL CAFE APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO FOR AN 11 C LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A motion to approve the Consent Agenda was moved by Mayor Gabriel Groisman 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 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) This item was heard at 7:42 PM after Agenda Item PA1 of Presentations and Awards. Mr. Gonzales described the item explaining that a condition of approval of the Development Agreement was explore making a more 90-degree entrance into the Bal Harbour Shops and that the proposed ordinance would remove a restriction in the Code that would allow the modification. Mayor Groisman added that the ordinance was not necessary for temporary construction purposes but was intended for post -construction permanent access. Mayor Groisman announced that he would be voting against the proposed ordinance in due to it being legally nebulous and it presented fairness/equity issues as it affects owners of the plat, to which Councilman Albaum agreed, and announced that he also would be voting against. Bal Harbour Village Council Regular Meeting Minutes — February 20, 2018 P a g e 12 Councilman Freimark asked the Village Attorney to weigh in on the impact on the plat, to which Ms. Trevarthen replied that there would be no barrier in moving forward, adding that Agenda Item QJ1 offered an easement that provides equivalent rights to residents who are protected under the plat. Babak Raheb (128 Balfour Drive) stated that he is completely against changing the existing ordinance and that he disagreed with the Village Attorney that there was no barrier. David Paul (9801 Collins Avenue) commented that there are two legal positions, both written by the Village Attorney, regarding ownership of the streets, and that he believed that ownership stays with the original developer. Dina Cellini (211 Bal Cross Drive) stated that she was opposed to changing the ordinance, that Bal Cross Drive was a residential street, and that citizens have right to exit without cars crossing. Cassie Wuollette (1 10 Balfour Drive) stated that she was opposed to changing the ordinance, and that lights from cars entering the shops would be a nuisance. She called the proposed ordinance a backdoor attempt to make a major change. Amy Huber (Shubin and Bass, Lobbyist for the Bal Harbour Shops) clarified that this ordinance was not an application proposed by Bal Harbour Shops, that it was condition of approval of the development agreement, and not a back -handed deal or a bait -and -switch. She stated that the proposed solution allowed adequate access to the new Village Hall, with one signalized entrance. She added that the Bal Harbour Shops was indifferent was would be happy to move forward with original proposal. Guy Wuolette (110 Balfour Drive) commented that the ordinance change would be bad for the community and that he agreed with Mayor Groisman. Darryl Payne (Stearns Weaver - Lobbyist for Saks Fifth Avenue) stated that he was in opposition to the proposed change. Carroll Robinson (164 Camden Drive) asked for clarification of the proposed ordinance and asked if the entrance would be secured to which Mayor Groisman replied that the proposed entrance does not go into the residential section. Brian Mulheren (10245 Collins Avenue) stated that the proposed change affects whole Village and asked how the Item was placed on the Agenda. Dan Holder (24 Bal Bay Drive) congratulated Mayor Groisman and Councilman Albaum for putting residents first and asked the Council to defeat the item. Beth Berkowitz (10160 Collins Avenue) thanked Councilman Albaum for taking the time to meet with her, and thanked the Council for reconsidering the item on second reading. She urged to the Council to vote against the proposed changes. David Portnoy(88 Camden Drive) urged the Council to vote against the proposed changes. Bal Harbour Village Council Regular Meeting Minutes — February 20, 2018 Page 1 3 Bill McCue (1 14 Park Drive) stated that he was opposed and asked the Council to vote it down. Mayor Groisman stated that the proposed ordinance was a well -intended good idea and that the issue of it being a back -handed deal was not accurate. Councilwoman Cohen commented that Fairfield Manor becoming a new Village Hall was not a fete accompli and questioned who had decided that it would be. Councilman Freimark stated that, in the event that it does become a Village Hall, that having ingress and egress on the same road as traffic entering the Bal Harbour Shops would be more practical in terms of traffic flow. He added that it was the Council that that had requested the Shops to explore streamlining traffic with the Bal Moral and possibly creating a 90-degree entrance from Collins Avenue at the time they had approved the development agreement. Mayor Groisman added that it makes more sense to be a straight turn, but the volume of traffic on Bal Cross would be minimal, especially on weekends, with the approved plan. Henry "Hank' Fandrei (Fandrei Consulting Inc.) described the signalization under the approved plan, having two access points, one signalized and one not, where ingress would be from southbound traffic and egress would be limited to right -turn only, and the proposed plan, where traffic would be aligned with the Bal Moral traffic with one signalized ingress/egress for southbound and northbound traffic. Arb refresh memory. ARB wanted to see modification add more landscaping supportive. More concrete and asphalt. Councilman Freimark that putting aside the legal matters regarding the plat, traffic flow, utilizing signals would be best. Mayor Groisman agreed that the new plan makes sense but what the Attorney is saying is not clear in terms of the rights of the people in the residential district. Mr. Gonzalez commented that there is an expectation that the Bal Moral would modify their ingress/egress, to which Ms. Huber replied that the Bal Harbour Shops and the Bal Moral had agreed upon the necessary modifications. MOTION: A Motion to deny the ordinance on second reading was moved by Mayor Gabriel Groisman 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 X Councilman Jeffrey P. Freimark X VOTE: the ordinance failed on second reading by roll call vote (4-1). Bal Harbour Village Council Regular Meeting Minutes — February 20, 2018 P a g e 14 Mayor Groisman leftthe meeting at 8:47 PM R5B 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) Mr. Gonzalez described the item as a follow-up to the Anti-Semitism ordinance passed in December that would broaden the Code, which would be accompanied with changes in in police standard operating procedures. Councilman Freimark stated that he was pleased with the resulting product, an ordinance that broadens the Code in addressing the definition all forms of hate crime, and that Bal Harbour, as a Village, can and should be proud. MOTION: A Motion to pass the ordinance on first reading was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman - 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). R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO ADDRESS SIGNAGE BY AMENDING SECTION 2-191 "SCHEDULE OF CIVIL PENALTIES" TO CLARIFY PENALTIES FOR SIGN CODE VIOLATIONS; AMENDING SECTION 5.5-5 "CRITERIA FOR APPEARANCE" TO INCLUDE STYLE AS A SIGN DESIGN CRITERIA; AMENDING SECTION 6-35 "BUILDING PERMIT FEES" TO REVISE SIGN BUILDING PERMIT FEES; AMENDING SECTION 11-1 "POSTING OF ADVERTISING MATERIAL" TO AMEND THE SECTION TITLE AND REVISE THE PROHIBITION; AMENDING CHAPTER 15 "SIGNS" BY DELETING THE CHAPTER AND ADOPTING NEW SIGN REGULATIONS APPLICABLE THROUGHOUT THE VILLAGE; AMENDING SECTION 17-3 "WRITING ON, DIGGING IN STREET, SIDEWALK; PLACEMENT OF SIGNS, BANNERS," TO DELETE ABILITY TO PLACE SIGNS AND BANNERS Bal Harbour Village Council Regular Meeting Minutes — February 20, 2018 Page 15 IN PUBLIC STREETS OR SIDEWALKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading). Deferred to a date certain, March 20, 2018. R5D AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 19 "TRAFFIC AND MOTOR VEHICLES," ARTICLE II "OPERATION OF VEHICLES," SECTION 19-27 "OPERATION ON SIDEWALKS, JOGGING PATH" OF THE CODE OF ORDINANCES TO ALLOW THE USE OF BICYCLES OR TRICYCLES ON THE SIDEWALKS IN THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND AN EFFECTIVE DATE. (First Reading) Mr. Gonzalez described the item as having stemmed from a discrepancy with an old ordinance and the recently passed EAR -based amendments to the Comprehensive Plan and reconciles the Code with State law. Dina Cellini (211 Bal Cross Drive) stated that she supported the proposed ordinance one - hundred percent and that it settles a long-standing issue in the Village. A brief discussion ensued regarding bicycle etiquette. Beth Berkowitz (10160 Collins Avenue) recommend adding mandatory bells on their bikes to which Mr. Gonzalez advised that enforcement might be challenging. Steve Greenburg (9930 Collins Avenue) agreed with having bells, to which Assistant Mayor Salver suggest handing out bells at the next Cops and Kids event. Nika Logan (64 Camden Drive) suggested utilizing the Village Newsletter to educate the community on the new ordinance and bike etiquette, and she commented that she liked Assistant Mayor Salver's bell giveaway. MOTION: A Motion to pass the ordinance on first reading was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Salver. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman - - 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 — February 20, 2018 Page 16 Q1 - QUASI-JUDICIAL - 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. (This item was not heard due to the denial of Agenda Item R5A) R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Update regarding Benches on West Beach Path - Councilman Freimark Councilman Freimark stated that he was satisfied with the relocation and placement of benches and said that it was an improvement. Councilwoman Cohen presented pictures of residents standing and sitting in the shade taken earlier in the day to highlight the importance of locating benches in shady areas. R9B Discussion regarding Periodic Resort Tax Committee Reporting to Council and Public - Councilman Freimark Councilman Freimark stated that, like the periodic police reports, he would like to have the Resort Tax Committee also present periodic reports (bi-annual) to the Council. Mr. Gonzalez asked if he would like a Staff report or a report from the Committee Chair, to which Councilman Freimark replied that he would like a report from the Chair that included public participation. Beth Berkowitz (10160 Collins Avenue) invited members of the Council to attend Resort Tax Committee Meetings. She stated that the attendance of residents has decreased due to the change of meeting times from evenings to afternoons and said the Committee would take it (meeting times) under advisement at their next meeting. R9C Discussion on expected decorum of Bal Harbour Village Board members - Mayor Groisman R9D Discussion regarding the placement of seating at Founders Circle and in the greenspace area located west of Collins Avenue and between Harbour Way (greenspace area outside gated community entrance known to some as Gate Park) - Councilwoman Cohen Councilwoman Cohen described the sample benches provided for an earlier proposal and suggested having the Village purchase some for $1,100 each for the Gate Park and Founders' Circle. Councilman Freimark reminded the Council that the previous proposal failed due to the lack of a purchasing process. Mr. Gonzalez described the Village's purchasing procedures that typically entailed receiving a minimum of tree quotes adding that a waiver of the process Bal Harbour Village Council Regular Meeting Minutes — February 20, 2018 P a g e 17 is sometimes warranted in unique situations as in the consideration of artistic design, as long as the items meet standards, like longevity and ADA. The Council agreed by general consensus to allow the Manger to procure no more than $5,000 worth of furniture as a test. Councilman Albaum described his meeting with the Village Manager regarding the condition of the Jetty. A general discussion ensued with direction to the Manager to use his discretion and resources to address safety issues. Councilwoman Cohen proposed drawing up a resolution to urge the State legislature to pass sensible gun laws. Councilman Freimark supported the proposal and added that it should be extended to the Federal Government. Mr. Gonzalez added that the closing of the Florida Legislative Session creates an urgency, that there is not time to bring a resolution back to the Council, and if the Council wants to make a message to Tallahassee, this is the time to do it. Ms. Trevarthen clarified that what she was hearing is that the Village Council will be requesting the State and Federal Government, and the County, to take measures to enact sensible gun regulations to protect the public. Councilman Freimark asked if it were true that a city would be fined if it usurped State law, to which Ms. Trevarthen replied that elected official could be held ersonally liable up to $5000 and could go to jail. MOTION: A motion to follow the recommendation of the Village Attorney was moved by Councilwoman Patricia Cohen and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). There was no public comment. R9E - PUBLIC COMMENT Dina Cellini (211 Bal Cross Drive) asked the Village in regards to the benches at Founder's Circle to be cognizant during the holiday season of the menorah and nativity scene. Penny Sepler (10275 Collins Avenue) commented that benches at the Gate Park is a good idea and asked for clarification of the Hate Crimes ordinance to which Mr. Gonzalez read portions of the ordinance. Buzzy Sklar (10275 Collins Avenue) commended Assistant Chief Flowers and his staff for meeting him and addressing regarding pedestrian safety on the east side of Collins Avenue. Beth Berkowitz (10160 Collins Avenue) commented that cars were not stopping at the cross walks with the flashing lights and that the sign that notifies drivers of the cross walks are too close to the cross walks. She said she received complaints from "snowbirds" that workers were eating and sleeping on the benches and throwing their trash. Bal Harbour Village Council Regular Meeting Minutes — February 20, 2018 Page 18 Steve Greenburg (9930 Collins Avenue) commended Chief Flowers and Oscar saying the he feels very safe in the Village. He then described black strips on some signs that get the attention of drivers. Brian Mulheren (10245 Collins Avenue) commented on the lack of pedestrian safety and traffic controls at the Oceana and that the State/County should be held accountable. R10 - VILLAGE MANAGER REPORT Mr. Gonzalez announced the upcoming workshops including the February 26 Beach Renourishment Workshop at the Sea View Hotel and the March 5 Second Park Design Workshop also at the Sea View Hotel. R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT - Motion - a motion to adjourn the meeting was moved by Councilwoman Patricia Cohen at 10:00 PM. Mayor Gabriel Groisman Dwight S. Danie, Village Clerk Bat Harbour Village Council Regular Meeting Minutes — February 20, 2018 Page 19