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HomeMy Public PortalAbout2018-10-16 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 Regular Council Meeting Minutes October 16, 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 Groisman called the meeting to order at 7:00 PM. The following were present: Also present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilwoman Patricia Cohen Council Jeffrey Freimark Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney The Pledge of Allegiance was led by Mayor Groisman. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Mayor Groisman withdrew Agenda Item R9C regarding mold and fire safety at the Plaza and Mr. Gonzalez withdrew the Presentation Item PA3 regarding the G.M.C.V.B. PRESENTATIONS AND AWARDS PA1 Cancer Awareness / Breast Cancer Awareness — Silvia Vanni, from the Mystic Force Foundation, presented. PA2 MPS Awareness — Avram Joseph and Monica Anaya, from the MPS Superhero Foundation, presented. PA3 The Greater Miami Convention & Visitors Bureau (G.M.C.V.B.) Withdrawn The Regular Council Meeting was recessed at 7:24 PM. to conduct the Local Planning Agency Meeting, and reconvened at 8:10 PM. CONSENT AGENDA C6 - COUNCIL MINUTES C6A September 12, 2018 First Budget Hearing Minutes C6B September 17, 2018 - Second Budget Hearing and Regular Council Meeting Minutes C7 — RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC. FOR THE PROVISION OF ENGINEERING AND SURVEY SERVICES FOR THE DESIGN OF THE EXISTING SIXTEEN INCH (16") DIAMETER EMERGENCY WATER TRANSMISSION LINE REPLACEMENT ALONG PARK DRIVE, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY SIX THOUSAND ONE HUNDRED SIXTY DOLLARS ($136,160); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH CALVIN, GIORDANO & ASSOCIATES, INC. (CGA) FOR THE PROVISION OF PROFESSIONAL ENGINEERING, SURVEYING AND BIDDING SERVICES RELATED TO THE DESIGN OF THE RESIDENTIAL WATER SERVICE RELOCATION, NEW WATER TRANSMISSION LINES AND IDENTIFIED STORM WATER SYSTEM REPAIRS ASSOCIATED WITH THE 3-A UTILITY INFRASTRUCTURE IMPROVEMENT PROJECT IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THIRTEEN THOUSAND SEVEN HUNDRED TWENTY DOLLARS 013,720); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH COASTAL SYSTEMS INTERNATIONAL, INC. FOR THE PROVISION OF PROFESSIONAL CONSULTING SUPPORT SERVICES TO THE BAL HARBOUR VILLAGE COASTAL MANAGEMENT PROGRAM IN THE AMOUNT NOT TO EXCEED ANNUAL BUDGETARY ALLOCATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN AGREEMENT FOR THE PURCHASE OF VEHICLES FOR THE VILLAGE POLICE AND PUBLIC WORKS DEPARTMENTS IN THE AMOUNT OF ONE HUNDRED FORTY FIVE THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS ($145, 667); APPROVING AN AGREEMENT FOR THE PURCHASE OF EMERGENCY LIGHTING EQUIPMENT FOR THE VEHICLES IN THE AMOUNT OF SEVEN THOUSAND SIX HUNDRED TWENTY DOLLARS Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page 12 ($7,620); DECLARING CERTAIN VILLAGE OWNED VEHICLES TO BE SURPLUS PROPERTY; AUTHORIZING THE SALE OF SURPLUS PROPERTY; PROVIDNG FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Cohen left the dais at 8:10 PM. 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 (4-0). Councilwoman Cohen returned to the dais at 8:12 PM. R5 — ORDINANCES R5A 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. (Second Reading) Mr. Gonzalez introduced the item stating that the design for the Village Seal, having been approved as part of the Village's overall branding process, was an elegant update, and could be seen on the entryways to Village Hall and the Police Administration Building. Babak Raheb (128 Balfour Drive) commented that the seal design was not as decorative as other designs, to which the Manager explained this was the seal that was used to attest documents and was not the Village Logo. MOTION: A Motion pass the ordinance on second reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. Beth Berkowitz (10160 Collins Ave) asked why the font on the Village Seal was not the same as approved by the Village, to which it was explained that font was exactly the same font that was approved by the Resort Tax Committee and the Village Council. 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 Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page l3 VOTE: the ordinance passed on second reading by unanimous roll call vote (5-0). R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 "ZONING" OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-1 "DEFINITIONS AND RULES OF CONSTRUCTION," SECTION 21-127 "SETBACKS" [IN THE R-2 DISTRICT] AND SECTION 21-354 "PROJECTIONS INTO SETBACK AREAS," ALL TO ADDRESS ENCROACHMENTS AND PROJECTIONS INTO SETBACKS OR YARDS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. DEFERRED R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 "ZONING," DIVISION 9 "RM-5 MULTIPLE FAMILY RESIDENTIAL DISTRICT," SECTION 21-268 "ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT -HOTEL PROJECTS" TO ADDRESS THE USE OF STRUCTURES IN THE REAR SETBACK; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez summarized the Local Planning Agency's discussion and action on this item. MOTION: A Motion to pass the ordinance on first reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. There was no public comment. 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 Motion passed on first reading by unanimous roll call vote (5-0). R7 — RESOLUTIONS Bat Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page 14 R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE COMMERCIAL CONTRACT AND ADDENDUM BETWEEN BAL HARBOUR VILLAGE AND ANTONIO PROPERTY LLC FOR THE PURCHASE OF PROPERTY LOCATED AT 1840 NE 144 STREET, NORTH MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED ONE MILLION SIX HUNDRED THOUSAND DOLLARS ($1,600,000). PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez described the item as another step in the development of the waterfront park which required the relocation of the public works facility. He said that the proposed site is directly across the street from a North Miami public works facility and that they have indicated a willingness to enter into an interlocal agreement to share fueling, carwash and other fleet facilities. He described the steps to be taken for closing and that he would be seeking credits for the existing condition of the roof. He said that he planned to have the building rated to withstand a Category 4 hurricane. Councilman Albaum asked if a formal appraisal had been done, to which Mr. Gonzalez replied that had been done and he added that the property value will continue to increase give the proximity of a proposed Brightline train stop. Babak Raheb (128 Balfour Dr.) commented that the $1.6 million seemed high and suggested obtaining another appraisal and to perhaps look at other properties. Beth Berkowitz (10160 Collins Ave.) commented that she thought that the price was hefty and asked how the Village would pay for the property, to which Mr. Gonzalez replied that the price was a function of the buyer/seller, and that Village had issued bonds in 2012 and proposed that moneys be drawn from that escrow. Brian Mulheren (10245 Collins Ave.) asked what the total cost would be to make the building useable, to which Mr. Gonzalez replied that he estimated $600,000. Mr. Mulheren added that the Village should invest more to make withstand hurricanes. MOTION: A Motion to approve the Resolution was moved by Mayor Gabriel Groisman and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (5-0). R7B 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. Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page 15 Mr. Gonzalez summarized the item that was deferred from the September 17, 2018 Village Council Meeting, explaining that the payments to the vendors listed with the resolution, approach, and might exceed the Manager's $20,000 spending limit. Mayor Groisman added that he would like the resolution to be amended so that the Village Council would be provided written notice when any vendor cross the $20,000 threshold and any $10,000 increment thereafter. There was no public comment. MOTION: A Motion to amend the Resolution to direct the Manager to notify the Village Council in writing (LTC) if payments to a vendor passed the $20,000 threshold in aggregate and of every $10,000 increment thereafter was moved by Mayor Gabriel Groisman and seconded by Councilman David Albaum. VOTE: the Motion passed by unanimous voice vote (5-0). MOTION: A Motion to approve the Resolution as amended was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: the Motion passed by unanimous voice vote (5-0). R9 — NEW BUSINESS AND COUNCIL DISCUSSION R9A 2018 Holiday Decor Mr. Gonzalez introduced the item explaining that he was looking for guidance from Council on whether to continue to display the Roto Relief sculpture at Founders' Circle during Art Basel, thus relocating the holiday tree, or to remove the sculpture so that the holiday tree could be displayed there. Councilman Albaum stated that he was opposed to moving the holiday tree. Councilman Freimark agreed. Mayor Groisman agreed and added that the holiday tree should be made even more spectacular, and he added that he supported the continued display of art at Founders' Circle for the rest of the year. Councilwoman Cohen stated that the holiday tree would be stunning in front of the Oceana, and that Founders' Circle should be utilized to display curated art. Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page 1 6 Buzzy Sklar (10275 Collins Ave.) stated that people may not understand the helicopter and that the holiday tree was a tradition. He stated that there should be ways to bring in artists to enhance the holiday tree, tying it in with Art Basel. Beth Berkowitz (10160 Collins Avenue) suggested that Claire Breukel be enlisted to enhance the holiday tree, to which Mr. Gonzalez explained that the Village is in the last year of a 3-year contract for holiday lights, so that utilizing Claire for this purpose would need to wait. He added that the ideas and budget for art at the Founders' Circler needed to be discussed more at the Resort Tax Committee, Budget Committee and Village Council since the Village would effectively have 10-month exhibits. Councilman Freimark added that the long-term strategic plans for Village Hall and the Collins Corridor should be taken into consideration if the Village was to consider investing in more permanent art installations. Brian Mulheren (10245 Collins Ave.) agreed that the holiday installations at Founders' Circle bring the community together and suggesting installing art at the park in front of the guard house. David Kwiat (10185 Collins Ave.) commented that he preferred buying art to renting art, to which Mr. Gonzalez added that most public art programs are building collections, not building borrowed art. Mr. Gonzalez summarized that the holiday tree will be going up and the helicopter would be coming down. R9B Health Insurance Options for Elected Officials Mr. Gonzalez introduced the item stating that the current code allows the Village to purchase Medicare supplement insurance for councilmembers that have served two consecutive terms and are Medicare -eligible when they leave office and asked the Council if it would be interested in pursuing expanding that benefit to allow for all councilmembers that have served two consecutive terms when they become Medicare eligible regardless of their age when they leave office. Mayor Groisman asked when the existing ordinance was passed to which Ms. Trevarthen replied 2002, with an amendment in 2005. Mayor Groisman then asked what the total proposed annual cost would be for each councilmember, to which Ramiro Inguanzo, Assistant Village Manager, responded that the Village Code limits it to the prevailing cost for providing group health insurance to individual councilmembers, which he estimated to be around $10,000 per year. Mayor Groisman then asked how many former councilmembers are currently utilizing the benefit, to which Mr. Inguanzo responded that two, Councilman Jaime Sanz, and Mayor Martin Packer, qualified and chose to utilize the benefit. Mayor Groisman questioned if the Council could pass legislation that benefitted the sitting members, then asked the Village Attorney to research and provide a legal opinion on whether or not the ordinance could be retroactive, and where the line should be drawn on how retroactive. Bat Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page17 Mayor Groisman stated that the issue is that Councilwoman Cohen is retiring and that she doesn't qualify for Medicare and that she is trying to see if she can get a supplement to which Mr. Gonzalez responded that it would not be a supplement because she is not sixty-five. Councilwoman Cohen added that she has been using the Village (insurance) for ten years and that her premium is way higher. Mr. Gonzalez stated that the Council decide to allow a former elected official, that meets the criteria from a service perspective, but is not but isn't quite sixty-five, to be eligible when they turn sixty-five or they could decide at what age and elected official would be eligible for a post -employment benefit, to which, Councilwoman Cohen added that in her case, it would be four years. Assistant Mayor Salver stated that the present ordinance seems discriminatory but that he does not know what the solution is. Babak Raheb (128 Balfour Dr.) commented the proposed changes to the ordinance would be unfair to former councilmembers and that it was too much of a big parachute for councilmembers and too much of an obligation for residents. Penny Sepler (10275 Collins Ave.) commented that now that councilmembers are receiving a substantial salary, this additional benefit would be a lot of money. Brian Mulheren (10245 Collins Ave.) commented that just like Village employees vest for pension benefits after 10 years of service, councilmembers should also vest for this benefit after the same amount of time. Mayor Groisman added that part-time employees do not vest, to which Mr. Mulheren responded that this should be a special case for Councilwoman Cohen. David Kwiat (10185 Collins Ave.) commented that whether or not the Council decides to act, the current code is biased and prejudiced. Buzzy Sklar (10275 Collins Ave) commented that the existing code is not fair and represents reverse age discrimination. Dina Cellini (211 Bal Cross Drive) commented that the Council should explore withdrawing the existing benefit, and said that a service of eight years would not merit a life -time benefit. Mayor Groisman agreed that the legality of the current code was inherently unfair and questioned how the age issue had gotten past legal review. He added that it may be time to revisit putting an end to the policy. Councilman Albaum agreed and asked if there were some other way to compensate Councilwoman Cohen for her service. Assistant Mayor Salver stated that the only way to make the present code fair, is to make it apply to all qualified councilmembers, regardless of their age, upon leaving service. Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page 18 Councilman Freimark expressed his agreement, adding that the cost of a supplement is not the same as an insurance policy. He added that to make the Council were to make this equitable it should look at provide the same benefit to all who meet the qualifications when they become Medicare eligible. Mayor Groisman asked the Village Attorney to provide a legal opinion whether or not the Council could pass an ordinance that applied to Councilwoman Cohen. Ms. Trevarthen responded that this proposal had never been about Councilwoman Cohen and that there is no case law on retroactivity. Mayor Groisman responded that in being completely transparent, we should call it what it is and not fool the record and asked for clarity if the Council could retroactively provide this life -time to formal Councilmembers. Councilman Freimark added that he agreed, otherwise the Council should have had this conversation during the discussions to increase Council salaries. There was a general consensus by the Council to ask staff to research the possibility of amending the code to have it apply to all members when they are Medicare eligible regardless of their age after serving two terms and to research the legality of making it retroactive for former Councilmembers. R9C Discussion on issues of mold and fire safety raised at The Plaza - Mayor Groisman - Withdrawn R9D Discussion regarding the Village's Website - Councilman Freimark Councilman Freimark expressed his opinion website content needed to be kept current and that he had spoken earlier with Ramiro Inguanzo and Dolores Mejia , who had told him that they are putting mechanisms into place to do so, including utilizing links to social media. R9E Discussion regarding Art in Pietrasanta, Italy - Councilwoman Cohen Councilwoman Cohen presented a video that she had taken from a recent visit to Pietrasanta, showing an art exhibit, that she said could have been shared with the Village if we had continued to build our relationship. R9F - PUBLIC COMMENT Buzzy Sklar (10275 Collins Ave.) suggested Village look into purchasing hybrid or electric vehicles when possible. Babak Rahab (128 Balfour Dr.) suggested that the Village develop a plan for managing nuisance iguanas and snakes. Penny Sepler (10275 Collins Ave.) thanked Councilwoman Cohen for all that she had done for the Village. Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 P a g e l? Dina Cellini (211 Bal Cross Dr.) said that she had spoken with people from the Fish and Wildlife Service, and that they would be willing to conduct a workshop regarding developing a comprehensive effort to deal with nuisance iguanas. R10—VILLAGE MANAGER REPORT R11— VILLAGE CLERK REPORT R11A Lobbyist Report R12 — VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT The meeting was adjourned at 10:01 PM. abriel Groisman Dwight S. Dame Village Clerk Bal Harbour Village Council Regular Meeting Agenda — October 16, 2018 Page 110