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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 Bal Harbour Village Council Regular Meeting Minutes — September 17, 2018 Page 16 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 Page17 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