HomeMy Public PortalAbout2018-05-15 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
May 15, 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 7:04 PM.
The following were present:
Mayor Gabriel Groisman
Assistant Mayor Seth Salver
Councilman David Albaum
Councilwoman Patricia Cohen
The following were not present:
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 the Council.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
PRESENTATIONS AND AWARDS
PA1 Legislative Update
(7:56 PM) Florida State Representative Joseph Geller provided a recap of the 2018
Legislative Session stating that dollars appropriated by the Legislature for the Haulover
Inlet Bypass Project and Roadway Infrastructure Improvements were vetoed by the
Governor. He then provided an overview of the budget passed by the Legislature
highlighting the defeat of challenges to home rule. He then described the bill passed in
the wake of the Parkland school shootings.
(8:18 PM) Lobbyist Ron Book reiterated the highlights of the bill passed after the Parkland
school shootings. He concluded, saying that the chances for the successful appropriation
of dollars for the Bypass and Infrastructure projects would improve the next Legislative
Session.
Councilwoman Cohen voiced her concern for Mr. Book's representation of retail pet
stores, which she emphasized was contrary to the Village's position and challenged the
Village's home rule powers. She asked him, what was the outcome of the County's
decision to grant him a waiver. Mr. Book responded that it was a moot issue and that all
this was being stirred up by "two carpetbagging commissioners" from Broward County
and that he would not be resigning his representation.
Mayor Groisman stated that Mr. Book cannot at the same time advocate for home rule and
against home rule, and in the next Legislative Session he would have to choose between
his clients. He then asked Mr. Book to notify the Village if the conflict arises.
Mr. Gonzalez recommended that the Council consider whether or not to provide Mr. Book
with a waiver, and asked Mr. Book the outcome of this day's proceeding at the County, to
which Mr. Book responded that it was a ministerial act and a moot issue.
(8:35 PM) Senator Daphne Campbell provided a summary of the Legislative Session and
read presented members of the Council with a proclamation.
Mayor Groisman then provided an update on the resident autistic child whose family had
received a letter containing unacceptable language from a neighbor who, in turn, had
decided to move out of the Village after the intervention of the Police department and
himself. He then announced that there would be Autism Awareness event at Village Hall
on May 30, 2018 at 7:00 PM, led by Detective Hector Gonzalez, and invited all to attend.
PA2 Presentation of Red Nose Day Proclamation (7:05 PM)
Mayor Groisman presented a proclamation to Mark Swartz, Miami Community Outreach
Coordinator for Comic Relief USA I Red Nose day.
The Village Council Regular Meeting was recess at 7:12 PM to convene the Local Planning
Agency Meeting, and was reconvened at 7:46 PM.
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018 Page 12
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Approval of April 17, 2018 Minutes
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE
VILLAGE AND QUALITY CONSTRUCTION PERFORMANCE, INC. FOR
THE RESTORATION OF THE JOGGING PATH, AS DETAILED WITHIN
PROPOSAL NO. 2018-3217, IN THE AMOUNT NOT TO EXCEED
SEVENTY NINE THOUSAND SIXTY TWO DOLLARS ($79,062.00);
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor Seth
Salver and seconded by Mayor Groisman.
VOTE: The Motion was passed by unanimous voice vote (4-0).
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. (Second Reading)
Mr. Gonzalez summarized the ordinance. There was no public comment.
MOTION: A motion to approve the Ordinance on second reading was moved by
Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen:
ROLL CALL:
ROLL CALL
YES
NO
Councilman Albaum
X
Councilwoman Cohen
X
Councilman Freimark
-
-
Mayor Groisman
X
Assistant Mayor Salver
X
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018
Page13
VOTE: The Ordinance passed on second reading by unanimous roll call vote (4-0).
R5B 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)
Mr. Gonzalez summarized the item. Amy Huber (Shubin & Bass - representing the Bal
Harbour Shops) requested that her comments from the Local Planning Agency Meeting be
incorporated.
MOTION: A motion to approve the Ordinance on first reading was moved by Assistant
Mayor Seth Salver and seconded by Councilwoman Patricia Cohen:
ROLL CALL:
ROLL CALL
YES
NO
Councilman Albaum
X
Councilwoman Cohen
X
Councilman Freimark
-
-
Mayor Groisman
X
Assistant Mayor Salver
X
VOTE: The Motion passed by unanimous roll call vote (4-0).
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018 P a g e 14
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING THE DESIGN CONCEPT FROM
ZYSCOVICH ARCHITECTS FOR THE FUTURE DEVELOPMENT OF BAL
HARBOUR PARK; PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Groisman said that there had been misinformation circulating about the scope and
timeframe of the project, and that although there had been two workshops and many
discussions with residents, he urged those residents who still had questions to personally
contact him for clarification. He added that he would be forming a committee, with an
appointee from each Council member, to work with the Architect and the Administration,
throughout the design of the project.
Mr. Gonzalez summarized the item stating that currently only one third of the potential site
is available for recreation and that through negotiations during the Bal Harbour Shops
Expansion project, the Village now has the opportunity to develop a waterfront park on the
entire three lots, given a $3.5 million from the Shops for public benefits. He stated that
Bernard Zyscovich (Zyscovich Architects) would be presenting the elements of a site plan
that were gleaned from recommendations gathered at public workshops and no designs
have been completed. He stated that the first phase of the project would include selecting
an architectural/engineering firm to create true construction drawings and did not think
that construction would begin within the next 24 months. He said he would also be seeking
authorization to select a location to move the existing parks and public works operations.
He said that it is his intent to keep the existing recreation area operational by beginning
work on the north end of the park and that the second phase of the project, which would
include building a recreational facility of the current Village Hall site would probably not
occur within the next 7 to 8 years.
Councilwoman Cohen said that she had met with residents to present the Agenda
materials and she made it clear that she was not consulted whether Option 1 or Option 2
was a better option.
Mr. Zyscovich provide a presentation of proposed park elements and possible locations
adding that there was a general consensus to include a lot of open green space, a fitness
and recreations center on the current Village Hall site, and an air-conditioned community
center building that would occupy the northern end of the park. He then presented the
two options, main difference being the massing of the community center, Option 2 having
more indoor space and a roof -top terrace.
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018 Page 15
Rene Syriani (24 Bal Bay Dr.). expressed his concern of the noise that could be generated
from public building next to his property.
David Portnoy (88 Camden Dr.) said that, as a resident, he was excited to see the proposed
features, and expressed that priority should be given to the fitness and recreation center.
Sandy Lieberman (179 Bal Cross Dr.) said that the project is beautiful and would like to see
a tennis court included. She agreed with having a community center roof -top with a water
view.
Beth Berkowitz (10160 Collins Ave.) expressed her concern with the sufficiency of the
infrastructure (water/sewer) and the number of allotted parking spaces. Mr. Gonzalez
stated that the Development Agreement allowed Village Staff to utilizes parking at the
Shops during construction. Mayor Groisman added that available parking after the second
phase of the project is yet to be addressed.
Deborah Portnoy (88 Camden Dr.) said she appreciated the beauty and expressed her
concern regarding the proposed location of the children's playground. She also
expressed her concern for younger children have to cross the street to the fitness and
recreation center. She said she would prefer a community center more like Surfside's, with
a pool and social areas.
Ree Kelly (2000 Towerside Ter.) said the project is an incredible piece of eye candy and
stated that she was confused why the Village had to wait 9 years. Mayor Groisman
explained that the only park of the park that would take that long is the building of the
fitness and recreation center.
Neil Alter (9801 Collins Ave.) asked what the ultimate cost of the project, to which Mr.
Gonzalez responded that cost depended on what ultimately is decided for the site, and he
did not anticipate issuing bonds.
Shena Dominitz (194 Park Dr.) commended Mr. Zyscovich for beautifully incorporating the
ideas presented at workshop and expressed her hope to see the project move ahead as
quickly as possible.
Penny Sepler (10275 Collins Ave.) agreed that the site plan was beautiful and expressed
her concern for pedestrians living on the east side of Collins accessing the park.
Brian Mulheren (10245 Collins Ave.) asked for the cost of taking down the public works
building and that first, environmental studies be completed.
Mayor Groisman agreed that infrastructure and environmental studies are important for
doing the project right and that this evening the Council would be approving the basic
concepts for the park.
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018 P a g e l 6
Assistant Mayor Salver stated that this is not intended to be a finished project, that there is
plenty of discussion still to be had. He said it is important to move forward, that one major
motivation is that as soon as plans are approved, the Village can begin collecting rent
($700,000+ per yr.) from the Suntrust Bank. He added that he sees the value of maximizing
indoor space and he would support Option 2 and would like to see more seating on the
waterfront.
Councilwoman Cohen suggested following design/charrette process.
Councilman Albaum suggested having more park elements in the large open green space.
He said he was sympathetic with Mr. Syriani and consideration should be given to the noise
impact. Mayor Groisman added that the nature of the building could actually be an
improvement. Mr. Zyscovitch added that the building on the north shelters the park from
colder north winds allowing the southeast breezes.
MOTION: A Motion to approve the site plan Option 2, but moving the Kid's Playground
to the north side of the park at the discretion of the architect was moved by Mayor Gabriel
Groisman and seconded by Assistant Mayor Seth Salver.
VOTE: the Motion was approved by unanimous voice vote (4-0).
Mayor Groisman stated that he would like to form an ad hoc committee with appointees
from each Council member to work on the next steps of the park design.
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
WITH MIAMI-DADE COUNTY TO ALLOW THE VILLAGE, PURSUANT
TO SECTION 8CC-11 OF THE MIAMI-DADE COUNTY CODE OF
ORDINANCES, TO ENFORCE SECTION 21-81 OF THE MIAMI DADE
COUNTY CODE; PROVIDING FOR NECESSARY AUTHORIZATION,
IMPLEMENTATION AND AN EFFECTIVE DATE.
(7:46 PM) Mr. Gonzalez summarized the item then introduce Miami -Dade County District
4 Commissioner, Sally Heyman who emphasized that the MOU would help prioritize law
enforcement resources by treating certain low-grade misdemeanors as civil citations.
Captain Raleigh Flowers, Acting Chief of Police added that officers would have the
discretion to make a custodial arrest or issue a civil citation. There was no public
comment.
MOTION: A Motion to approve the Resolution was moved by Assistant Mayor Seth
Salver and seconded by Councilman David Albaum.
VOTE: The Motion passed by unanimous voice vote (4-0).
Bat Harbour Village Council Regular Meeting Minutes — May 15, 2018 Page 17
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE
VILLAGE AND NEXTRAN TRUCK CENTER FOR THE PURCHASE OF A
2018 MACK GRANITE 64FR (GU713) GRAPPLE TRUCK WITH A
PETERSEN ATLAS GRAPPLE AS DETAILED WITHIN THE PROPOSAL
NO. FSA17-VEH15.0 SPEC#15, IN THE AMOUNT NOT TO EXCEED
TWO HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED ONE
DOLLARS ($233,401); PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez summarized the item describing the piggyback process utilized to
select the vendor.
MOTION: A Motion to approve the resolution was moved by Assistant Mayor Seth
Salver and seconded by Councilman David Albaum.
Beth Berkowitz (10160 Collins Ave.) asked where the truck is currently stored, to
which Mayor Groisman responded behind the Suntrust.
Councilwoman Cohen asked what would be the main function of the grapple truck,
to which John Oldenburg (Parks and Public Spaces Director, responded that it
would be used for debris removal.
VOTE: The Motion was approved by unanimous voice vote (4-0).
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion on Aventura Arts & Cultural Center - Councilwoman Cohen
Councilwoman Cohen introduced the item suggesting utilizing the Fairfield Manor site for
a cultural/recreational center. Mayor Groisman said that, in his mind, the Fairfield site
would include a significant public space for the Village's expanding arts program.
R9B - PUBLIC COMMENT
Penny Sepler (10275 Collins Ave.) asked for the water fountains on the beach, to which Mr.
Gonzalez reported that irrigation lines had been in advertently been tapped, and that a
bid has been put out to bring potable water to the fountains. She then asked the status of
the new boutique hotel, to which Mayor Groisman explained that activity is slow due to
bankruptcy proceeds with the previous owners.
Ree Kelly (2000 Towerside Ter.) asked about the status of construction traffic across Bal
Cross Dr., to which Mayor Groisman responded that the traffic is allowed. She then
announced that working with a group to possibly bring an art show/musical fest to Bal
Harbour, to which Mayor Groisman suggest that she contact the Village's Curator, Claire
Breukel.
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018 Page 18
Assistant Mayor Salver commented on the Brightview signs popping up over the Village,
to which Mr. Oldenburg said that he could replace with the Village's signs.
Beth Berkowitz (10160 Collins Ave.) asked for clarification for when garbage would be
picked up, to which Mr. Oldenburg responded that they have until 4:00.
R10 - VILLAGE MANAGER REPORT
R1 OA LTC 075-2018 Update following Beach Renourishment Meeting with County
Mayor
Mr. Gonzalez said that he had met with the Miami -Dade County Mayor, Mayor Groisman
and other municipal Mayors concerned with beach renourishment, with the outcome
being that the County has identified recurring funding for the next six years which when
coupled with other funding would identify between $50-60 million for beach
renourishment project, but we would still need to work with the Army Corps of Engineers
to identify a project and the availability of sand.
Mayor Groisman added that the Mayors went into the meeting agreeing to work together
to obtain recurring funds, a broad strategy beach protection and dedicated staffing.
R11 - VILLAGE CLERK REPORT
R11A Lobbyist Report
R12 - VILLAGE ATTORNEY REPORT
END OF REGULAR AGENDA
ADJOURNMENT - the meeting was adjourned at 10:42 PM.
r Gabriel Groisman
DwigS. Dales, Village Clerk
Bal Harbour Village Council Regular Meeting Minutes — May 15, 2018 P a g e 19