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HomeMy Public PortalAbout2018-03-20 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 March 20, 2018 At 7:00 PM Bal Harbour Village Hall • 655 Street • Bal Harbour • Florida 33154 •. Y�_ r CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Assistant Mayor Salver called the meeting to order at 7:00 PM. The following were present: Mayor Gabriel Groisman (by video call) Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark (@ 8:08 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 defer the item R5C until the May 15, 2018 Regular Council Meeting was moved by Councilwoman Patricia Cohen and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (4-0). PRESENTATIONS AND AWARDS Police Department Presentations to Council Acting Chief of Police Raleigh Flowers recognized Pamela Flanders, Police Patrol Administrator as the recipient of the 2018 LEO Support Services Award, presented Officer David Navas with the 2017 Officer of the Year Award, and provided the Oath of Office to Sergeant Braxton McClams. He then provided a presentation of 2017 Year End Review of the Bal Harbour Village Police Department. Councilman Freimark arrived at 8:08 PM. Councilman Albaum asked for a breakdown of the crime statistics for Residential and Commercial and Councilwoman Cohen asked for clarification of the Concierge Training provided by Lt. Jack Young, to which Acting Chief Flowers replied that it was provided top members of the Southern Florida Concierge Association at the St. Regis Hotel. CONSENT AGENDA C6 - COUNCIL MINUTES C6A Approval of February 20th, 2018 Regular Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 2018 IN BAL HARBOUR VILLAGE FOR THE PURPOSE OF ELECTING THREE VILLAGE COUNCILMEMBERS (DISTRICTS 1, 3 and 5); PROVIDING FOR CONDUCT OF SAID ELECTIONS BY THE MIAMI-DADE COUNTY ELECTIONS DEPARTMENT; PROVIDING THAT THE VOTING PRECINCT FOR SAID ELECTIONS SHALL BE THAT AS ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF SAID ELECTIONS; PROVIDING FOR THE FORMS OF BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTIONS TO MIAMI-DADE COUNTY. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING 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 NEITHER ANNUAL BUDGET ALLOCATIONS NOR THE STATUTORY LIMITATIONS OF FLA. STAT. §287.055; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN BAL HARBOUR VILLAGE AND THE CITY OF SUNNY ISLES BEACH TO SUPPORT THE HAULOVER PARK SKATE PARK; AUTHORIZING THE DISBURSEMENT IN THE AMOUNT OF $50,000 TO THE CITY OF SUNNY ISLES BEACH TO BE UTILIZED AS DESCRIBED WITHIN THE MOU; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Page 12 This Item was pulled from the Consent Agenda for discussion at the end of the Regular Agenda at 9:21 PM. Mayor Groisman provided a brief history of the item saying the Council had previously approved the expenditure and this item was for the approval the agreement. Babak Raheb (128 Balfour Drive) asked if all the municipalities were providing the same amount to which Mr. Gonzalez responded that Sunny Isles would be managing the project and would be funding $150,000, and the four other participating communities, Bal Harbour, Surfside, Bay Harbour Islands and Miami Beach would be each funding $50,000. Mr. Raheb then asked why the County was not paying since Haulover Park is a County Park to which Mr. Gonzalez stated that the County did not want to fund the project but did allow the municipalities to participate. MOTION: A motion to approve the resolution was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (5-0). C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A LEASE AGREEMENT WITH SHARP BUSINESS SYSTEMS FOR PRINTERS AND ASSOCIATED EQUIPMENT FOR USE BY THE VILLAGE ADMINISTRATION FOR AN AMOUNT NOT TO EXCEED FIFTY- NINE THOUSAND TWO HUNDRED NINETY-TWO DOLLARS ($59,292); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. This Item was pulled from the Consent Agenda for discussion at the end of the Regular Agenda at 9:25 PM. Mr. Gonzalez introduced the item stating that this contract consolidated the Village's printers/copiers under one vendor offering favorable conditions in the lease term, and providing functionality with proposed records/document management systems. Babak Raheb (128 Balfour Drive) asked if the Village would be buying or leasing the copier to which Mr. Gonzalez replied that the Village did not pursue a purchase, that leasing provided the best option for the Village. MOTION: A motion to approve the resolution was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (5-0). Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 P a g e 13 C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN INTERIM MODIFICATION OF LEASE BETWEEN BAL HARBOUR SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE INTERIM MODIFICATION OF LEASE; AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL NECESSARY ACTION TO IMPLEMENT THE INTERIM MODIFICATION OF LEASE; AND PROVIDING FOR AN EFFECTIVE DATE. This Item was pulled from the Consent Agenda for discussion at the end of the Regular Agenda at 9:28 PM. Mr. Gonzalez provided a brief history of the item stating the Village had entered into a one- year lease extension with the Bal Harbour Shops and the pending litigation was preventing a final approval date in the Development Agreement that would trigger a longer -term lease and that this item would extend the current lease with the same terms, around $50,000 per year for common area costs (CAM). Assistant Mayor Salver added that it is important to note that after the final approval date, all costs would go away. Babak Raheb (128 Balfour Drive) asked why the lease could not be month -to -month to which Mr. Gonzalez replied that the lease extension would be extinguished upon the final approval date, the Village walking away or up to ten years. MOTION: A motion to approve the resolution was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING MEMBERS TO SERVE AS A TRUSTEES ON THE POLICE OFFICERS' RETIREMENT BOARD. MOTION: A motion approve the Consent Agenda, minus C7D, C7D, and C7E which were pulled from the Consent Agenda for further discussion, was moved by Councilwoman Patricia Cohen and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 P a g e 14 R5 - ORDINANCES R5A 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. (Second Reading) Mr. Gonzalez provided a brief summary of the item and Ms. Trevarthen asked the Council to consider the following amendment proffered by Mayor Groisman "The term 'hate crime' shall also include the commission of a felony or misdemeanor that evidences prejudice based on mental or physical disability as defined by Fla. Stat. §775.0863(1)(b)"to be added to the Section 2-1 12(a)(1). MOTION: A Motion to approve the amendment was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (5-0). Babak Raheb (128 Balfour Drive) asked if the definition of hate crime includes crimes against gays and lesbians and all types of religions, to which Mayor Groisman responded, yes, that the definitions come from the Florida Statutes. MOTION: A Motion pass the ordinance on second reading as amended was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. 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). R5B 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. (Second Reading) Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Page 1 5 Mr. Gonzalez described the ordinance stating that this would make Village Code consistent with the Village's Comprehensive Plan and with State Statute. Councilwoman Cohen suggested clarifying the definition of the "Jogging Path" in that most people jog on the Beach Vehicle Access Road. MOTION: A Motion pass the ordinance on second reading was moved by Councilwoman Patricia Cohen and seconded by Councilman Jeffrey Freimark. Penny Sepler (10275 Collins Avenue) asked if motorized skateboards-hoverboards- scooters would be allowed to which Mr. Gonzalez stated that all motorized vehicles would be prohibited. Babak Raheb (128 Balfour Drive) asked if 4-wheeled Bermuda bikes would be allowed to which Mr. Gonzalez replied that non -motorized vehicles would be allowed. 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). 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 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 May 15, 2018. Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Page 16 R7 - RESOLUTIONS R7A A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND SUPERION LLC, TO PROVIDE, INSTALL AND SUPPORT THE SUPERION ONESOLUTION PUBLIC SAFETY SOFTWARE SYSTEM, AN INTEGRATED POLICE DISPATCH AND RECORDS MANAGEMENT SYSTEM (CAD SYSTEM), WHICH WILL INCLUDE COMPUTER AIDED DISPTACH (CAD), POLICE RECORDS MANAGEMENT SYSTEM (RMS) AND MOBILE FIELD REPORTING (MFR); APPROPRIATING AS PROVIDED FOR IN THE CAPITAL IMPROVEMENT PLAN, $380,000 FOR THE CAD SYSTEM INCLUSIVE OF IMPLEMENTATION COSTS WITH CALVIN, GIORDANO AND ASSOCIATES, AND CONTINGENCIES; AND ALLOCATING $70,000 FOR HARDWARE PURCHASES. PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item, describing the selection of the vendor through a full procurement bid process, the value of which came in under the budgeted amount. He stated that the overall long-term costs would be lower due to the integration of modules requiring less maintenance, and that this system would be integrated with all the many other agencies that utilize the same system, Superion being a leading vendor in the State of Florida. He stated that he had negotiated the contract to included payments upon delivery throughout the stages of implementation. MOTION: A Motion approve the resolution was moved by Councilman Jeffrey Freimark and seconded by Councilwoman Patricia Cohen. Babak Raheb (128 Balfour Drive) asked if Resort Tax dollars could be utilized for any part of this project, to which Mr. Gonzalez said that he would not recommend it, in that it would be a stretch that would draw undue attention to Resort Tax expenditures. Brian Mulheren (10245 Collins Avenue) stated that Chief Overton would be smiling and that this is one of the best tools the Village could have. VOTE: the passed by unanimous voice vote (5-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE FINAL CHANGE ORDER PAYMENT TO METRO EQUIPMENT SERVICE, INC. FOR ADDITIONAL WORK COMPLETED, RELATED TO THE PHASE ONE BAL HARBOUR SANITARY SEWER IMPROVEMENTS PROJECT IN THE AMOUNT OF $ 459,811.64; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item stating this is essentially the closeout with Metro Equipment Services. He said that he did not include a contingency in the contract so as Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Page 17 not to create a target, Metro came back with change orders amounting to 600,000, and that staff and our owner's representative reduced that number to $459,811. He said that change orders were related to either changed caused as a result of the design ($301,000), owner requested changes ($22,000) or changes due to unforeseen circumstances ($136,000). He said there is still a pending dispute between Florida Power and Light and our engineers. Mayor Groisman asked if Metro gets paid, would the dispute go away, to which Mr. Gonzalez replied that the dispute was between Craig A. Smith, our engineers, and FPL, and the Village was not waiving any claims. John Oldenburg, Parks and Public Spaces Director, added that the engineers are still under a retainer, and if need be, the Village could go after their insurance/bond for errors and omissions. Ms. Trevarthen stated that she is still in the process of chasing down the facts, and that every professional involved believes that Metro is not responsible and it is appropriate to move forward. Babak Raheb (128 Balfour Drive) asked a 10% contingency had been in the contract could they have exceeding that amount, to which Mr. Gonzalez replied that the Council would have to approve the extra amounts. Mr. Raheb then asked if the Village could recover attorney's fees to which Ms. Trevarthen replied that if it gets to the point where the Village has to consider litigation, the Council would decide whether or not to move forward. Mr. Gonzalez clarified that the $90,000 in the change order was work that would have occurred whether FPL had told us before or whether it had been discovered in the field by the contractor, and that the bill from FPL will paid by either of those parties, and not by the Village. MOTION: A Motion to approve the Resolution was moved by Councilwoman Patricia Cohen and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PIGGYBACK AGREEMENT WITH ENVIROWASTE SERVICES GROUP, INC. FOR THE PROVISION OF WATER PIPE BREAK REPAIR, CURED -IN PLACE LINING FOR SANITARY SEWER AND STORM WATER DRAINAGE PIPE; AND REHABILITATION OF SANITARY SEWER AND STORM WATER MANHOLES IN THE AMOUNT NOT TO EXCEED ANNUAL BUDGET ALLOCATIONS OR STATUTORY LIMITATIONS OF §255.20; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE Mr. Gonzalez described the item stating given the disruptive nature of sanitary sewer excavation, he had tasked staff to explore alternatives in implementing the master plan. As a result, a comprehensive video inspection of the sewer system helped identify areas that Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 P a g e l 8 could be relined/resealed instead of replacing. He stated that it was determined that the best way to begin immediate work on those areas, before the rainy season, was to piggyback on a Miami Beach project, instead of bidding out each project, easing the threat of moratorium by County regulatory agencies. He further stated that while this work was being completed, the engineer would be creating a bid package for future projects. Mayor Groisman asked about the delineation of specific projects, since there was no contract that did so, to which Mr. Gonzalez and Mr. Oldenburg responded that the Resolution specifies that the statutory (Fla. Stat. §255.20) amount of $369,000 each pipe repair and manhole structure repair, and the Purchase and Installment Agreement with Envirowaste specifies the scope of work to be completed. Mayor Groisman asked if this work included the area around Bal Cross south of Harbour Way where the smell of sewage had been detected, to which Mr. Oldenburg responded that this item not for storm water, but the Village had identified blockages and cleaned the storm water system in that area with good results. Councilwoman Cohen asked if preventive maintenance had been implemented to keep the storm water lines clean, to which Mr. Oldenburg responded it had, and he is moving forward with other cleaning other sections to eliminate odor issues. He also stated that there is no record of the system ever having been cleaned. MOTION: A Motion to approve the Resolution was moved by Councilwoman Patricia Cohen and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE EXECUTION OF A RETAINER AGREEMENT WITH WEISS SEROTA HELFMAN COLE & BEIRMAN, PL, TO GOVERN THEIR CONTINUED SERVICE AS VILLAGE ATTORNEY; PROVIDING FOR IMPLEMENTATION AND FOR AN EFFECTIVE DATE. Mayor Groisman provided a brief history of the negotiations with Weiss Serota and stated that the Village has ended up in a fair place. Mr. Gonzalez described the key provisions of the contract which provides a flat fee and specified staff for a full range of legal services and an hourly fee for litigation, any legal services representing the Village with the Gated - Community, significant special projects legal services, collective bargaining legal services. Ms. Trevarthen acknowledge the Mayor, the Manger and the Council for their support and agreed that the results of the negotiations were fair. Councilwoman Cohen asked for clarification if this agreement altered the consensus of this Council regarding seeking outside legal services for litigation, if the Council determined it Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Page19 would be better, to which Mr. Gonzalez said that the direction of the Council would not be altered. Ms. Trevarthen added that although the Village Code requires that the Village Attorney is the Village's chief legal advisor and shall represent the Village in all legal proceedings, she serves at the will of the Council. Mayor Groisman said that in most cases it would be beneficial to have Weiss Serota's institutional knowledge, but it would still be up to the Council to determine. MOTION: A Motion to approve the Resolution was moved by Councilwoman Patricia Cohen and seconded by Councilman Jeffrey Freimark. Babak Raheb(128 Balfour Drive) asked what are the terms of the agreement to which Mr. Gonzalez stated that although the Village Attorney will have an annual performance evaluation, the agreement can be terminated at will. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Ruth K. Broad PTA Donation to fund an art sculpture honoring the victims from Stoneman Douglas High School. (Assistant Seth Mayor Salver) Assistant Mayor Salver provided a brief history of the item and introduced Bay Harbor Islands Councilman Josh Fuller (9665 Bay Harbor Terrace). Mr. Fuller first clarified that he was not speaking on behalf of his Council because this request came after the Council meeting. He said that Bay Harbor Islands and Surfside each donated $1,000 to the sculpture and the thought was to include Bal Harbour Village. He then described the sculpture. MOTION: A Motion to approve the expenditure of $1,000 to the sculpture was moved Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). Babak Raheb (128 Balfour Drive) commented that the shootings at Stoneman Douglas High School was a serious and that he felt that $1,000 was insufficient. Mayor Groisman said that he would find out more about a board that has been created in Broward County for raising funds for the school, and would bring the information back to the Council. R9B - PUBLIC COMMENT Dina Cellini (211 Bal Cross Drive) suggested that Building Department staff educate contractors about the rules of the Gated Community (i.e. speed limits, parking, etc.) when the apply for permits. Mr. Gonzalez add that it is also important to educate the owners to let service workers and subcontractors. Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Pa g e 1 10 Mayor Groisman asked about the loud Haulover Bridge construction work being conducted early in the morning and late at night. Mauricio Escarra (Code Compliance Administrator) said that he had spoken with Jose Morales, the FDOT owner's representative, to inform him that work hours are 8:30 AM until 5:30 PM. Mr. Escarra also said he was told that the loud sandblasting work be ending within a week and the equipment for that would be moved to the other side of the cut. Babak Raheb (128 Balfour Drive) commented that food trucks are also a problem in the Gated Community. The also commented that the distance between trash cans on the west side of Collins is two large and asked for more benches and cans. Councilwoman Cohen suggested that the Village create a survey regarding the general themes discussed at the public waterfront park design workshops for Village residents and registered voters. She said it would be interesting to hear other people's commentaries and to get more input. Mr. Gonzalez commented that it is hard to design by survey and suggested having more charrettes in lieu of a survey. Mayor Groisman stated that a lot of great work has been done and there was sufficient input from community members from the two public workshops in addition to input he had personally received from community members. He read the definition of "paralysis by analysis" and said that the project was at a point where it can come to the Council, that was elected to represent the community, for a vote. Councilman Freimark restated that design by survey is inefficient and the process to date had been user friendly with significant notice. He asked the Manager if the Village had received any concerns/complaints from out-of-town residents regarding not being able to attend the workshops, to which Mr. Gonzalez said it had not. Councilman Freimark then stated that we would be fundamentally opposed to a survey, to which Mayor Groisman and Councilman Albaum voiced that they too would be opposed. Assistant Mayor Salver stated that the subject had been exhausted and moved to the next item on the Agenda. R10 - VILLAGE MANAGER REPORT R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT Ms. Trevarthen announced the following executive sessions according to Florida Statutes 286.011(8). • Kent Harrison Robbins vs Bal Harbour Village et All 17-235AP Petition for Cert. • Lynn Bloch Mullen vs. Bal Harbour Village. 17-236AP Petition for Cert. Bal Harbour Village Council Regular Meeting Minutes — March 20, 2018 Page 111 " Lynn Bloch Mullen et al vs Bal Harbour Village 17-15260CA21 Complaint " Saks Fifth Avenue LLC vs Village of Bal Harbour 17-15374CA04 Complaint END OF REGULAR AGENDA ADJOURNMENT - The meeting was adjourned at 9:54 PM Mayor Gabriel Groisman Attest: Dwight S. Danie, Village Clerk Bal Harbour Village Council Regular Meeting Minutes  March 20, 2018 Page 1 1 2