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HomeMy Public PortalAbout2018-06-12 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 June 12, 2018 At 7:00 PM Bal Harbour Village Hall • 655 Street • Bal Harbour • Florida 33154 CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Following the General Employees' Retirement Board Meeting, Mayor Groisman called the meeting to order at 7:42 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Council Jeffrey Freimark The following were not present: Councilwoman Patricia Cohen Also present: Ramiro Inguanzo, Assistant Village Manager Dwight S. Danie, Village Clerk Robert Meyers, Deputy Village Attorney The Pledge of Allegiance was led by the Council at the beginning of General Employees' Retirement Board Meeting just prior to this meeting. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS - There were no requests. PRESENTATIONS AND AWARDS PA1 - Acting Chief Raleigh Flowers recognized Detective Hector Gonzalez, Bal Harbour Police Department for his outstanding commitment to law enforcement and to the Bal Harbour Village community and praised his law enforcement Autism Awareness classes that the he conducts throughout the State. Mayor Groisman stated that Detective Gonzalez's class was informative and moving. CONSENT AGENDA C6 - COUNCIL MINUTES C6A APPROVAL OF MINUTES May 15, 2018 Local Planning Agency Meeting Minutes May 15, 2018 Regular Council Meeting Minutes C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE AND THE SEA VIEW HOTEL, FOR USE OF THE SEA VIEW HOTEL AS A STAGING AREA AND BASE OF OPERATIONS FOR THE PUBLIC SAFETY RESPONSE TO POTENTIAL HURRICANE LANDFALLS THAT MAY IMPACT THE BAL HARBOUR VILLAGE; 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 Councilman Jeffrey Freimark. VOTE: The Motion was passed by unanimous voice vote (4-0). R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING ARTICLE II "LOCAL BUSINESS TAX" OF CHAPTER 9 "BUSINESS REGULATIONS AND BUSINESS TAX" OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES; PROVIDING FOR AN INCREASE IN CERTAIN BUSINESS TAXES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE(First Reading). Mr. Inguanzo introduced the item stating that the ordinance proposes to increase the local business tax by 5%, that State Law allows municipalities to increase the rate up to 5% every two years, and that the cumulative increase since Fiscal Year 2011 has averaged 2.5% per year. He stated that this increase would generate an additional $36,000 of general revenue for Fiscal Year 2019. Buzzy Sklar (10275 Collins Avenue) clarified that the business tax is what we locally call the BTR, and he compared the Village's business tax with Miami Beach's much higher rate, stating that this increase would not harm local businesses. Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 Pagel 2 MOTION: A motion to approve the Ordinance on first reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark: ROLL CALL: ROLL CALL YES NO Councilman Albaum X Councilwoman Cohen - - Councilman Freimark X Mayor Groisman X Assistant Mayor Salver X VOTE: The Motion passed by unanimous roll call vote (4-0). Q1 - QUASI-JUDICIAL - Q1A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A NON-USE VARIANCE TO THE REQUIREMENT IN CHAPTER 21 "ZONING," ARTICLE V "OFF-STREET PARKING FACILITIES," SECTION 21-384, "NUMBER OF SPACES" FOR ONE PARKING SPACE AT A SINGLE FAMILY DETACHED DWELLING TO BE WITHIN A CARPORT OR GARAGE, FOR PROPERTY LOCATED AT 84 BAL CROSS DRIVE; PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. Mr. Meyers read the quasi-judicial statement then asked Councilmembers to disclose ex parte communications. Mayor Groisman and Assistant Mayor Salver stated that they had spoken to the applicant. Councilman Freimark and Councilman Albaum stated that they had no ex parte communications. Those who would be providing testimony were sworn in by the Village Clerk. Mr. Inguanzo provided a brief description and permitting history of the property then and introduced the applicant, Sara Mizraji. Ms. Mizraji described the trees in the adjoining property, a protected bird sanctuary, that cannot be removed and are constantly damaging her canvass -topped car port creating the hardship. Mayor Groisman stated his opinion that this was a unique situation that presented a hardship to the applicant. There was no public comment. Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 Page 13 MOTION: A motion to approve the variance with the conditions listed in Section 4 of the Resolution was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark: ROLL CALL: ROLL CALL YES NO Councilman Albaum X Councilwoman Cohen - - Councilman Freimark X Mayor Groisman X Assistant Mayor Salver X VOTE: The Motion passed by unanimous roll call vote (4-0). R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING A MEMBER TO THE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Inguanzo described the item stating that the qualifications for this ARB seat require that the member be a Bal Harbour Village resident and have familiarity with the ARB's general topics, and that Councilman Albaum had recommended Richard Waserstein. Mayor Groisman asked staff to ensure that Waserstein was aware of Village Code restrictions on ARB members. There was no public comment. MOTION: A Motion to approve the Resolution moved by Assistant Mayor Seth Salver 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 AGREEMENT BETWEEN THE VILLAGE AND ADVANCED -TECH CABLE, INC. FOR THE INSTALLATION OF WATER MAIN LINES AND ASSOCIATED EQUIPMENT TO PROVIDE WATER SERVICE TO BAL HARBOUR Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 Page 14 BEACH DRINKING FOUNTAINS AS DETAILED WITHIN PROPOSAL NO. 2737 IN THE AMOUNT NOT TO EXCEED THIRTY ONE THOUSAND SIX HUNDRED DOLLARS ($31,620); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE Mr. Inguanzo introduced the item. John Oldenburg (Parks and Public Spaces Director) described the procurement process in which five pluming companies were invited to submit a proposal, and the two that had, had differed in that the first proposed an open trench excavation for a project total in excess of $160,000, and second proposed underground directional boring for a project total of $34,620. He added that the Village preferred the directional bore to preserve the existing landscaping. Mayor Groisman asked to see the scope of services to which Mr. Oldenburg read the proposal from Agenda page 65 stating the project would give the Village water main that would allow future expansion of items like foot washers and dog fountains. There was no public comment. MOTION: A Motion to approve the Resolution moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND COFFMAN ELECTRICAL EQUIPMENT CO. FOR THE PURCHASE OF A WINPOWER DX-250 DIESEL PORTABLE GENERATOR AS DETAILED WITHIN THE PROPOSAL NO. 052318G3, IN THE AMOUNT NOT TO EXCEED EIGHTY FOUR THOUSAND NINE HUNDRED FORTY NINE DOLLARS ($84,949); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. lnguanzo summarized the item providing a brief history of problems that occurred resulting from Hurricane Irma. Mr. Oldenburg described the existing generator, which was inadequate for Village Hall and Storm Water Station operations. He said that in utilizing the ratings of CGA's electrical engineers, and a cooperative procurement process involving a Federal GSA contract, he had selected a generator provided by Coffman Electrical. Mayor Groisman asked how quickly it could be installed given the high demand, to which Mr. lnguanzo replied 60 days. Councilman Freimark stated that his in his professional experience, many are finding that generators are unavailable and urged Mr. Oldenburg to move as quickly as possible. Bat Harbour Village Council Regular Meeting Minutes — June 12, 2018 Pagel 5 Assistant Mayor Salvor asked how long the 500 gallons of fuel would last, to which Mr. Oldenburg replied a little over 30 hours on a full load and that the Village had a 2000- gallon diesel tank that was always kept full. There was no public comment. MOTION: A Motion to approve the Resolution moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND TIRONE ELECTRIC, INC. FOR THE PROVISION AND INSTALLATION OF AN AUTOMATIC TRANSFER SWITCH (ATS) WITH OTHER NECESSARY ELECTRICAL EQUIPMENT TO PROVIDE FOR THE USE OF A PORTABLE ELECTRICAL GENERATOR, TO SUPPLY EMERGENCY POWER TO THE VILLAGE HALL AND POLICE ADMINISTRATION BUILDINGS AS DETAILED WITHIN PROPOSAL 6A17-444R1 IN THE AMOUNT NOT TO EXCEED FORTY THREE THOUSAND FIVE HUNDRED DOLLARS ($43,500); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Inguanzo introduced the item and Mr. Oldenburg briefly described the procurement process utilized. He said that the Village had done business with Tirone Electric and he has been very satisfied with their service and work product. Buzzy Sklar (10275 Collins Avenue) asked what the shelf life on these types of items was and would they be transferable given that there will be a new Village Hall in the not -so - distant future, to which Mr. Oldenburg replied it probably would not be transferred to a new Village Hall, but based on the estimate of construction, this expense is justifiable. Mayor Groisman added that this was immediately needed and Councilman Freimark agreed saying that we were looking at a 6-to-7-year timeline and the new infrastructure would have these systems built in. MOTION: A Motion to approve the Resolution moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 Pagel 6 R7E A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mr. Inguanzo summarized the item adding that the proposed rate remains unchanged from the current fiscal year. There was no public comment. Mr. lnguanzo proposed that the hearing dates left blank in the Resolution be Wednesday, September 12, 2018 for the first Budget Hearing and Monday, September 17, 2018 for the second Budget Hearing. MOTION: A MOTION to approve with Resolution with the first meeting date to 7:00 PM, Wednesday, September 12, 2018 with the notice of publication and mailing notice no later than August 24, 2018 was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (4-0). R7F A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Mr. lnguanzo summarized the item adding that the proposed rate remains unchanged from the current fiscal year. He stated that Village Staff had met with the Civic Association. Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 Page 17 He read the proposed changes to the Resolution "(M) expenditures made in the defense or support of the Security and Landscape Program and (N) reimbursement to the Village or any other person for any monies advanced for any costs incurred by the Village or such person in connection with any of the foregoing items of Security and Landscape" that reflected the will of the Council at its last meeting. There was no public comment. MOTION: A MOTION to approve with Resolution with the first meeting date to 7:00 PM, Wednesday, September 12, 2018 with the notice of publication and mailing notice no later than August 24, 2018 was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (4-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding Surfside's Firearm Preemption Lawsuit - Councilwoman Cohen/Councilman Freimark Councilman Freimark introduced the item and proposed the question if Bal Harbour should also join the litigation would like to have a complete understanding of how preemption rules work. Mayor Groisman commented that having discussed this item with the plaintiff, Dan Gielchinsky, Vice Mayor of Surfside his thoughts were that if this lawsuit were to succeed, a result could be differing laws in differing communities, and that the County and the Weiss Serota city lawsuits would probably be consolidated and end up in the Supreme Court. Mr. Meyers added that the current lawsuits differ in terms of preemption and home rule. Assistant Mayor Salver commented that the lawsuit was more ceremonial then actually constructive and that he would not be that interested in joining the litigation and spending tax payer dollars on this item. Councilman Freimark commented that he had found the arguments to be compelling, and though he had strong views regarding preemption and home rule, perhaps this is the wrong item. Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 Page 1 8 R9B Discussion regarding Plastics on the Beach - Councilwoman Patricia Cohen Mr. Inguanzo said that Councilwoman Cohen had asked him to present this item in her absence. He then provided and overview of the issue, particularly in terms of plastic straws. He described Miami -Beach's efforts. Assistant Mayor Salver commented that maybe limiting the ban to the beach was something to consider, but he was against blanketly outlawing plastic straws. Councilman Freimark posed the question of what would happen when the State Legislature deals with this issue in terms of the individual municipalities. Mayor Groisman commented that this is more ofa home rule issue and that he would more open to passing something that applies to the beach. R9C - PUBLIC COMMENT Buzzy Sklar (10275 Collins Avenue) commented that he, as a business owner and the Village should go greener wherever it can and that a ban of plastic straws on the beach would be a good first step. He added that enforcement is also important, and the Village could explore using the BTR process to help. Mr. lnguanzo commented that he read the Marriott corporation is moving to implement policies for its establishments, and Councilman Album added that Carnival Cruise Lines has stopped serving plastic straws. Mayor Groisman asked Mr. Oldenburg for a status of the pump station drainage project, to which Mr. Oldenburg responded that an item would be placed on the July agenda and described the remaining work to be done. Councilman Albaum asked Mr. Oldenburg if the Village was still on line the jogging path refurbishment, to which Mr. Oldenburg replied in the affirmative, the agreement had been signed and the first truckload of coquina should be offloaded in the next week or so. Councilman Freimark asked for a status on the recent traffic light outage in front of the Oceana, to which Acting Chief Flowers, responded that in the future an officer will be assigned during rush hours that will assist cars to make U-turns. Mayor Groisman added that it was also important to assist pedestrians during outages. Assistant Mayor Salver commented that the pedestrian lights at the 10200 crosswalk needed to be checked. Bal Harbour Village Council Regular Meeting Minutes — June 12, 2018 P a o e l 9 R10 - VILLAGE MANAGER REPORT Mr. Inguanzo updated the Council on Village hurricane preparations and the update of Critical Incident Operations Plan, and future meetings with the Miami -Dade Emergency Operations Center. He then provided an update of July 4 planned activities. R11 - VILLAGE CLERK REPORT R11A Lobbyist Report R12 - VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT- The meeting was adjourned at 9:05 PM. May Gabriel Groisman Dwight S. Danie, Village Clerk Bat Harbour Village Council Regular Meeting Minutes — June 12, 2018 Page 110