HomeMy Public PortalAbout2018-09-17 Regular MeetingMayor Gabriel Groisman
Assistant Mayor Seth E. Salver
Councilman David J. Albaum
Councilwoman Patricia Cohen
Councilman Jeffrey P. Freimark
BAL HARBOUR
- VILLAGE -
Bal Harbour Village Council
Second Budget Hearing and
Regular Council Meeting Minutes
September 17, 2018
At 7:00 PM
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota Helfman
Cole & Bierman, P.L.
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER/ PLEDGE OF ALLEGIANCE — Mayor Gabriel 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
Councilman Jeffrey Freimark
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Susan L. Trevarthen, Village Attorney
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
There were no requests.
PRESENTATIONS AND AWARDS
PA1- Commemoration of National Childhood Cancer Awareness Month - Deferred
Mayor Groisman commended the Bal Harbour Police Department for their participation in National
Childhood Cancer Awareness Month.
PA2 - Proclamation - MPS - Little Heroes - Deferred
Agenda Item R7A through R7E were heard immediately following Presentations and Awards.
(7:35 PM) Miami -Dade County Commissioner Sally Heyman expressed her appreciation for the
Village's support of the SMART Plan and provided updates on a spay/neuter program for cats, and
beach sand.
CONSENT AGENDA - (7:34 PM)
C6 - COUNCIL MINUTES
C6A - July 17, 2018 Regular Council Meeting Minutes
C7 — RESOLUTIONS
C7A- A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
ENDORSING AND SUPPORTING THE MIAMI-DADE TRANSPORTATION PLANNING
ORGANIZATION'S STRATEGIC MIAMI AREA RAPID TRANSIT ("SMART") PLAN;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE AND
THE ONE BAL HARBOUR HOTEL, FOR USE OF THE ONE BAL HARBOUR 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.
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT THE
VASALISSA CHOCOLATIER APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF
ALCOHOLIC BEVERAGES AND TOBACCO FOR AN 11C LICENSE IS COMPATIBLE WITH
THE VILLAGE ZONING REGULATIONS; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
C7D A RESOLUTION APPROVING THE EXECUTION OF PROFESSIONAL SERVICE
AGREEMENTS WITH CORY GITTNER/MEDIATECH COMMUNICATIONS; CLAIRE
BREUKEL; AND THE VILLAGE'S SALES, MARKETING AND PUBLIC RELATIONS
REPRESENTATIVES.
C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
APPROVING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH L /
DIAZ DESIGN FOR SERVICES RELATED TO THE CREATION AND DEVELOPMENT OF
CREATIVE COLLATERAL MATERIALS TO BE USED FOR THE PROMOTION AND
MARKETING OF BAL HARBOUR VILLAGE IN AN AMOUNT NOT TO EXCEED FIFTY
Bal Harbour Village Council Regular Meeting Minutes — September 17, 2018 Page 1 2
THOUSAND DOLLARS ($50,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND SEPI PAINTING AND
WATERPROOFING, INC. FOR THE PROVISION OF PAINTING SERVICES AT THE HERMAN
B. FULTZ BRIDGE, AS DETAILED WITHIN PROPOSAL NO. 0618-1013, IN THE AMOUNT
NOT TO EXCEED SIXTY FOUR THOUSAND SEVEN HUNDRED EIGHTY DOLLARS
($64,780.00); 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 Assistant Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote (5-0).
R5 — ORDINANCES
R5A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA
RATIFYING THE ARCHITECTURAL REVIEW BOARD'S APPROVAL OF A PAINT COLOR
PALETTE FOR BUILDINGS SUBJECT TO CHAPTER 5.5 "APPEARANCE CODE" OF THE
VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; AUTHORIZING
APPROVAL OF FUTURE CHANGES TO COLOR PALETTE; PROVIDING FOR AN EFFECTIVE
DATE. (Second Reading)
Mr. Gonzalez introduced the item stating that this ordinance would streamline the process of exterior
painting by residents.
There were no comments from the public.
MOTION: A Motion to pass the ordinance on second reading was moved by Councilman Jeffrey
Freimark and seconded by Assistant Mayor Seth Salver.
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).
Bat Harbour Village Council Regular Meeting Minutes — September 17, 2018 Page 13
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF
ORDINANCES CHAPTER 2 "ADMINISTRATION," ARTICLE I "IN GENERAL," BY CREATING
SECTION 2-5 "VILLAGE SEAL" TO ADOPT AND DESIGNATE THE VILLAGE'S OFFICIAL
SEAL; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR
AN EFFECTIVE DATE. (First Reading)
Mr. Gonzalez introduced the item stating that during the re -branding process by the Village
There were no comments from the public.
Assistant Mayor Salver stated that it was cool to see the Village's very first resolution provided as
backup for this ordinance.
MOTION: A Motion pass the ordinance on first reading was moved by Councilman Jeffrey Freimark
and seconded by Assistant Mayor Seth Salver.
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 first reading by unanimous roll call vote (5-0).
R7 — RESOLUTIONS - (7:10 PM)
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA,
ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2019, PURSUANT TO
SECTION 200.065, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Bat Harbour Village Council Regular Meeting Minutes — September 17, 2018 Page 1 4
Mr. Gonzalez introduced the item, then read the State required statement regarding the millage rate
at 1.9654 mils with a State defined roll -back rate 1.9382 mils.
There were no comments from the public.
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).
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA,
APPROVING AND ADOPTING THE FINAL BUDGET AND CAPITAL IMPROVEMENT PLAN
FOR BAL HARBOUR VILLAGE FOR FISCAL YEAR 2018-19; PROVIDING FOR
EXPENDITURE OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item, stating that he was proposing a budget of $27,019,200, comprised
of a General Fund ($16,079,700), Resort Tax fund ($3.7 Million), Water and Wastewater fund
($6,598,200), Security and Landscape fund ($641,300)
Babak Raheb (128 Balfour Drive) read 3.10 of the Milestone Agreement with the Civic Association,
commenting that only the owner can receive a "gate key", saying that there was a conflict between
that section and Section 3.14, to which Mayor Groisman stated that issues regarding the Civic
Association should be addressed to the Civic Association.
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).
R7C A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING SANITARY SEWER
AND WATER RATES FOR THE 2018-19 FISCAL YEAR; ESTABLISHING AN EFFECTIVE
DATE.
Mr. Gonzalez introduced the item, explaining the pass -through rate from Miami -Dade County would
be $4.81 per 1,000 gallons and that the Village has not yet received sewer rates from Miami Beach,
but he was recommending a flat rate, but allow a pass -through not exceeding 6%. Mayor Groisman
asked to explore whether or not it would make sense to un-tie the rate as a pass -through, and fund
needed water and sewer projects with slightly higher rates. Mr. Gonzalez replied that the rates are
fine, that there are sufficient funds for the sewer side, and that on the water side we changing the
way we are doing it. Councilman Freimark commented the Budget Review Committee could explore
the idea for the next budget.
There were no comments from the public
Bal Harbour Village Council Regular Meeting Minutes — September 17, 2018
Page15
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).
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA,
ADOPTING A CONSOLIDATED SCHEDULE OF FEES IMPOSED BY THE VILLAGE FOR THE
PROVISION OF SERVICES; PROVIDING FOR CONFLICT; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item stating that the only changes this year were the changes in the
Business Tax Receipt that the Council approved in July, and the water rates that were just established.
There were no comments from the public.
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).
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
RATIFYING THE USE OF THE LISTED VENDORS BY THE VILLAGE MANAGER; AFFIRMING
THE VILLAGE MANAGER'S AUTHORITY UNDER SECTION 2-141; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Gonzalez introduced the item explaining that payments to the vendors listed with the resolution,
approach, and might exceed, the Manager's $20,000 spending limit. Councilman Freimark asked if
the $20,000 limit was still appropriate to which Mr. Gonzalez replied that that it was. He explained
that anything well over $20,000 would go through an RFP process and a contract would be brought
before the Council for approval. Mayor Groisman said that he would like to see a ceiling and asked
the Manager which number he would be comfortable with. Mr. Gonzalez replied that we could bring
the item back at the next meeting. Assistant Mayor Salver added that he would like to see the
amounts spent on the listed vendors.
MOTION: A Motion to defer the Resolution until the October meeting; was moved by Mayor Gabriel
Groisman and seconded by Assistant Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote (5-0).
R7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
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SURFSIDE, THE TOWN OF BAY HARBOR ISLANDS AND THE VILLAGE, PROVIDING FOR
AN EQUAL SHARE OF THE COST FOR A SCHOOL RESOURCE OFFICER; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item stating that following the tragedy at Marjorie Stoneman Douglas,
the State has required that schools deploy police officers and that this MOU is a result of a
collaboration with Bay Harbour Islands and Surfside, our contribution being $7,300.
Mayor Groisman stated that our kids go to Ruth K. Broad and that he is proud that the Village is doing
this.
There were no comments from the public.
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).
Mayor Groisman added that he would like see if we could get pins with the new Village Seal.
R9 — NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion regarding Plastics on the Beach - Councilwoman Patricia Cohen
Councilwoman Cohen introduced the item providing statistics to indicate that the introduction of
single -use plastics into the environment is a worldwide problem, and she listed cities and countries
around the world that have initiated prevention programs.
Mayor Groisman said he would be strong advocate for banning single -use plastics on the beach.
A general discussion ensued regarding banning single -use plastics Village -wide versus along the ocean
front.
Buzzy Sklar (10275 Collins Ave.) commented that a Village -wide ban would only affect the take-out
of 3 restaurants in the Shops that could utilize craft packaging, to which Mayor Groisman responded
that he would be fine limiting the ban to take-out.
Councilman Freimark stated that he needed to know what the process would be, how the problem
would be assess, and whether or not there would be a conflict with existing regulations.
Mayor Groisman summarized that there is a general agreement by the Council to draft an ordinance
that would limit the use of single -use plastics on the east side of Collins Ave. and he asked staff to
research and provide options for the west -side, including speaking with business owners.
Bat Harbour Village Council Regular Meeting Minutes — September 17, 2018
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Councilman Freimark agreed and added that it would be a mistake to adopt an ordinance that only
addressed the beach side and is silent regarding the Business District. Assistant Mayor Salver asked
if there would be a distinction between commercial and personal use.
Councilman Albaum asked how this ordinance would be enforced, to which Mayor Groisman
responded that it would be a combination of code citation and education.
R9B Discussion Item Regarding Zoning matters in the R-1 and R-2 single family districts -
Village Manager
Mr. Gonzalez introduced the item stating that the Village has had two different applicants with odd
shaped corner lots impacted by setback requirements, and he identified five corner lots within the
Residential Section. He suggested changing the setback requirements on these lots for applicants
wishing to install a pool.
Mayor Groisman suggested exploring changing the requirements beyond the five lots.
Councilwoman Cohen suggested considering all lots.
Mr. Gonzalez recommended starting with corner lots, assess the impact, identify unintended
consequences, then revisit the issue. He stated that it is important with setbacks, to have code that
is fixed so that people can design to it.
Mayor Groisman suggested also looking at the ratio of pervious/impervious requirements.
Assistant Mayor Salver suggested instead of giving applicants a carte blanche, allow the ARB to
determine if there is an architecturally significant reason.
Councilwoman Cohen stated that the code needs revision, that it's outdated and not applicable.
Mayor Groisman commented that the ARB, in some cases, may have too much discretion and
suggested that they work with the Building Department to improve the code. He said that in the
meantime, applicants could apply for a variance.
Mr. Gonzalez stated that he can start drafting an ordinance for the five identified properties and
perhaps other corner lots, allowing relief for the setback requirements for an inground pool and
asked if the Council had a sense of a twenty-, fifteen- or ten -foot setback.
Ms. Trevarthen stated that this would be a legislative change, and that in an application for a variance,
a decision would be based on criteria, including hardship, and which would be debatable in building
a large house. She questioned if the code affects several properties, why have them apply separately.
Mr. Gonzalez then addressed the issue of the code not addressing setback requirements porte
cocheres in the front of properties. He suggested allowing cantilevered structures to encroach within
Bal Harbour Village Council Regular Meeting Minutes — September 17, 2018 page 18
the thirty-foot setback, and stated that by not doing so, if an applicant wants a porte cochere they
are force to build the house further back, reducing building square footage.
Mayor Groisman stated that a porte cochere for one care was a reasonable request.
Ms. Trevarthen stated that the code addresses "architectural embellishments" which includes
eyebrow, and asked for input from the Council if this proposed ordinance is specifically for a porte
cochere or would it include eyebrows.
Mickey Marrero (representing Juan Roca) stated that the frontage of a normal lot would be about ten
to fifteen percent of the perimeter, but for his lot, the percentage is close to sixty percent to which
the 30-ft setback applies. He said he could get a home, but there would be no place for a pool and
he was in favor of relaxing the setback requirements for corner properties. He said that he was also
in favor of changing the porte cochere setback requirements for reasons previously mentioned.
Nica Logan (64 Camden Drive) said that a lot of variances have been granted and it would be
worthwhile to look at the consequences to assess where or not the Village is obtaining desired end
results. She gave an example of excessive water flowing from a neighbor's tall building onto her
property.
Babak Raheb (128 Balfour Drive) commented that greenspace counted for park space may be
affected. He asked that the Council notify all the residents of the proposed changes. He reiterated
that Section 3:10 of the Milestone Agreement with the Civic Association was not being followed.
James Balikes (20 Park Drive) said that he was currently renting but considering purchasing in the
Residential Section spoke about past issues involving closing of the streets, and asked for
documentation showing that the streets were legally closed, saying that the outcome may have an
effect on property values. He said that there is no signed agreement for the police to be in the
Residential Section and it was a conflict of interest.
Councilwoman Cohen recognized Miami -Beach Commissioner Kristen Rosen Gonzalez who spoke in
support of the plastic straw ban.
R9# - PUBLIC COMMENT
R10—VILLAGE MANAGER REPORT
Mr. Gonzalez announced the promotion of Captain Raleigh Flowers to Police Chief, and Mauricio
Escarra to Police Captain, and announced that a swearing -in ceremony will take place on October 3rd
at the St. Regis Hotel.
R11— VILLAGE CLERK REPORT
R11A
Lobbyist Report
Bal Harbour Village Council Regular Meeting Minutes — September 17, 2018 page 1 9
R12 — VILLAGE ATTORNEY REPORT
END OF REGULAR AGENDA
ADJOURNMENT —The meeting was adjourned at 9:07 PM
—''` —
//ltabrigGroisman
Fittest:
Dwight ‘le, Village Clerk
Bal Harbour Village Council Regular Meeting Minutes — September 17, 2018 Page 1 10