The URL can be used to link to this page

Home My Public Portal About2018-04-17 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 April 17, 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 7:00 PM welcoming Councilman Jamie Sanz. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver (7:15 PM) Councilman David Albaum Councilman Jeffrey Freimark The following were not Present: Councilwoman Patricia Cohen Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Ramiro Inguanzo, Assistant Village Manager Susan L. Trevarthen, Village Attorney Stephanie Marquez -Quintero, Deputy Village Clerk The Pledge of Allegiance was led by the Council. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. PRESENTATIONS AND AWARDS There were no presentations. CONSENT AGENDA C6 - COUNCIL MINUTES C6A Approval of Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE DONATION OF $5,000.00 OF LAW ENFORCEMENT TRUST FUNDS TO "DO THE RIGHT THING OF MIAMI, INC."; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE EXPENDITURE OF $5,078.15 OF LAW ENFORCEMENT TRUST FUNDS TO PURCHASE PROTECTIVE GEAR FOR MOBILE FIELD FORCE RESPONSE TEAM, PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE SOLE SOURCE AGREEMENT BETWEEN THE VILLAGE AND THE SANDERS COMPANY, INC. FOR THE REPAIR OF A FAIRBANKS MORSE PUMP SERIAL # 232855-0 AS DETAILED WITHIN THE PROPOSAL NO. 03687, IN THE AMOUNT NOT TO EXCEED THIRTY EIGHT THOUSAND FOUR HUNDRED THIRTY EIGHT DOLLARS ($38,438); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE SOLE SOURCE AGREEMENT BETWEEN THE VILLAGE AND HYDRA SERVICE INC., FOR THE PURCHASE OF TWO ABS SUBMERSIBLE SANITARY SEWER PUMPS ONE MODEL XFP100J-CH1.326- PE 3504 AND ONE MODEL XFP155J-CB2-PE860 CURVE, AS DETAILED IN PROPOSALS NO. 180102-LC-NV-REV-2 AND NO. 180226-1 LC-NV-REV-2, IN THE AMOUNT NOT TO EXCEED SIXTY THREE THOUSAND FIVE HUNDRED NINETY NINE DOLLARS ($63,599); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A Motion to approve the Consent Agenda was moved by Councilman Jeffrey Freimark and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (3-0). Bal Harbour Village Council Regular Meeting Minutes — April 17, 2018 Pa g e 12 R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9-1 "DEFINITIONS" OF CHAPTER 9 "BUSINESS REGULATIONS AND BUSINESS TAX" TO CREATE AN EXEMPTION FROM AUTOMATIC TIP DISCLOSURE REGULATIONS FOR OCEANFRONT ACCESSORY RESTAURANTS THAT ARE ACCESSORY USES IN MULTI FAMILY RESIDENTIAL BUILDINGS THAT DO NOT SERVE THE PUBLIC; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (FIRST READING) Mr. Gonzalez described the item stating that there was an unintended class of restaurants in condo buildings that were for the exclusive use of residents, where it would be best left to the condo associations and residents to determine their own tipping requirements. Councilman Freimark asked how the ordinance would affect associations that do sell food to non-residents on the beach, to which Mauricio Escarra (Code Compliance Officer) stated such an association would need to obtain an exemption from the Village Council. Penny Sepler (10275 Collins Ave.) asked for clarification that existing ordinance would apply to restaurants that were allowed to sell food to the public on the beach, to which Mr. Gonzalez replied that the tipping ordinance would apply. MOTION: A Motion 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 - - Councilman David J. Albaum X Councilwoman Patricia Cohen - - Councilman Jeffrey P. Freimark X VOTE: the ordinance passed on first reading by unanimous roll call vote (3-0). Bal Harbour Village Council Regular Meeting Minutes — Aprit 17, 2018 13 R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH QUINN & CO. OF NY LTD, INC. (QUINN PR) TO CONTINUE DOMESTIC MARKETING SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000). Mr. Inguanzo introduced the item stating that this resolution was to approve an agreement with Quinn PR for the rest of the fiscal year per unanimous recommendation by the Resort Tax Committee. Mr. Gonzalez added that the selection of the vendor was accomplished with through a solicitation process with five vendors. Mayor Groisman asked how the selection of a Director of Tourism would be affected, to which Mr. Gonzalez answered that person appointed to the Director position would offer a higher level of strategic guidance. Mr. Inguanzo added that Quinn PR's focus is primarily domestic PR. Councilman Freimark commented that that he was looking forward to the Tourism Workshop and reviewing key metrics and performance indicators that would provide a better understanding of the strategies regarding the resort tax. He encouraged all residents to participate. Assistant Mayor Seth Salver arrived at 7:15 PM. Councilman Albaum asked for Mr. Inguanzo to briefly describe the Village's marketing efforts, to which Mr. Inguanzo answered that Quinn PR would provide media placements that bring attention to the Village and its events. Mayor Groisman said that mangers from the Ritz Carlton, with whom he had met, valued the opportunity resulting from PR and marketing from resort tax dollars. Buzzy Sklar (10275 Collins Ave.) commented that it is important for the Village to ensure that the hotels match dollar -for -dollar the Village's spend on PR and marketing, in promoting the entire Village and not just individual hotels. Penny Sepler (10275 Collins Ave.) said she was pleased that this item was on the Agenda, that the Village needed a cohesive effort. She asked about the time frame for hiring the Director of Tourism, saying that the future Director may have a preferred PR firm, so it would be best not too lock -in too long with Quinn. Mayor Groisman responded that the duration of this agreement was only to the end of the Fiscal Year, and Mr. Gonzalez added that whichever firm the future Director might suggest, there would be a competitive bid process. Bal Harbour Village Council Regular Meeting Minutes — April 17, 2018 p a e 14 Mayor Groisman thanked Councilman Freimark for initiating the Tourism Workshop given the importance tourism has to the Village. MOTION: A Motion to approve the Resolution was moved by Councilman Jeffrey Freimark and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (4-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING THE BAL HARBOUR CIVIC ASSOCIATION REQUEST TO APPROVE THE EXPENDITURE OF LANDSCAPE AND SECURITY ASSESSMENT FUNDS FOR CERTAIN LEGAL FEES; PROVIDING FOR IMPLEMENTATION AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item stating that over the course of the Civic Association's recent development, they have incurred legal expenses, and were now asking to be reimbursed with assessment dollars. Ms. Trevarthen added the special assessment does provide for the payment of these types of expenses and that it is in the discretion of the Council to decide whether or not to approve this item. Mayor Groisman stated that he was prepared to approve the $86,000 from assessment dollars, being that it is related to litigation pertaining to access and ownership to the parks, and that it would move the Association towards the independence the Village and the Association were seeking. Assistant Mayor Salver asked if there would be an issue in reimbursing expenses incurred in Fiscal Years 2016 and 2017, to which Mr. Gonzalez replied that he couldn't answer how the auditors would react, but whatever amount that is approved would come out of the fund balance and not the current year budget. Councilman Albaum said he was in agreement with Mayor Groisman and that he was inclined to reimburse the Association a smaller amount given that the litigation was drawn out, to which Mayor Groisman responded that the dollars were coming from the Association's own assessments. Councilman Freimark asked the following questions be addressed on the record: Who is being reimbursed; Why were these requests not made in advance; Are there contrary views from residents in the community; What would the process be moving forward; and Why not wait until the Association has completed its formation? Bal Harbour Village Council Regular Meeting Minutes — April 17, 2018 Page 1 5 Mayor Groisman stated that an email was sent out to Gated Community residents, when the Council Agenda was published, notifying them of this hearing and giving them time to express contrary views. Mark Fisher (284 Bal Bay Dr.) stated the Civic association is the de facto homeowner's association, and they had waited for milestone agreement with the Village to be approved and executed. He stated $86,000 had been spent on the Imbesi/Stoppa/Tate/Graham litigations, and that that he wanted to resolve all litigation going forward, hopefully putting a line -item in the budget for legal expenses. He stated that it would be the Civic Association that would be reimbursed and that this would encourage membership by lowering the membership fees. He stated the item was currently being presented because it was previously unknown how issues regarding the status of the Civic Association were to be resolved. Mr. Gonzalez clarified that two actions would be taken, the reimbursement for past expenses and the setup of procedures for future reimbursements. Assistant Mayor Salver noted that the last item on the list of Requested Expenditure Reimbursements dated 12/7/2018, should probably be dated 12/7/2017, to which Mr. Gonzalez agreed. Mayor Groisman noted that the Section 3. of the Resolution refers to an Agreement, but there is no agreement. He also stated that it is important that the Resolution be clear that that the Civic Association would be reimbursed. Ms. Trevarthen stated that the last phrase of the first Whereas clause ", and in organizing the BHCA" would be stricken. Mr. Gonzalez added that the blank in the second Whereas clause would be filled in and third Whereas clause about moving forward with future reimbursements would necessary. A general discussion ensued regarding to which extent the Village would be involved in the oversight of future reimbursements for the rest of this Fiscal Year and in moving forward. There was a consensus that the Village Council preferred not to micro -manage the affairs of the Civic Association, given that there are milestones in place that the Manager would have authority to reimburse legal fees for anything other than fees for organizational maintenance. Buzzy Sklar (10275 Collins Ave.) commented that the Civic Association should have the right to spend its own money and that the Council should not micro -manage it. MOTION: Mayor Gabriel Groisman moved to approve the Resolution with the following amendments: strike that last phrase of the first Whereas clause; fill in the blanks with the amount $86,849.35; and to create a third Whereas clause giving the Manager the authority to reimburse the Civic Association for legal fees other than fees incurred for organizational maintenance. The Motion was seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — April 17, 2018 Page 1 6 R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, ASSIGNING AN ADDITIONAL $1,333,828 OF THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR THE CAPITAL PROJECTS RESERVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item stating that the Village had a surplus of $1,633,828 of revenue over expense. He stated that the Village's fiscal policy is to allocate 50% of surplus to the undesignated fund balance, and 50% to capital reserve for future capital projects with a "rainy -day fund" that is 100% of operating budget, which we are already there. He suggested that the Council could waive this policy and place the full amount into the capital reserve. Councilman Freimark congratulated Mr. Gonzalez and staff for a job well done and for its fiduciary stewardship of the Village funds. Mayor Groisman agreed and encouraged the manager to consider adding a capital projects staff member. The was no public discussion. MOTION: A Motion to approve the Resolution was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding the April 23, 2018 Council Workshop on Tourism, Resort Tax and Art In Public Places - Councilman Jeffrey Freimark Councilman Freimark encouraged everyone to attend the upcoming workshop. R9B - 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 — April 17, 2018 Page 1 7 R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT The meeting was adjourned at 8:06 PM. Mayor Gabriel Groisman Dwight S. aanie, illage Clerk Bal Harbour Village Council Regular Meeting Minutes — April 17, 2018 P a g e i 8