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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