Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 At 7:00 PM Bal Harbour Village Hall 655 Street Bal Harbour Florida 33154

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1 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 July 17, 2018 At 7:00 PM Bal Harbour Village Hall 655 Street Bal Harbour Florida CALL TO ORDER/ PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to order at 7:02 PM. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Council Jeffrey Freimark (video conference) Councilwoman Patricia Cohen Also present: Jorge Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney The Pledge of Allegiance was led by the Mayor Groisman. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. PRESENTATIONS AND AWARDS PA1 Presentation by the Miami-Dade Transportation Planning Organization (TPO) SMART plan. Ms. Eileen Bouclé (Miami-Dade Transportation Planning Organization) provided a presentation of the Strategic Miami Area Rapid Transit (SMART) Plan and proffered a resolution for the Council s approval. The Council agreed to place the resolution on the next meeting s agenda.

2 Mr. Gonzalez said that a route study coordinated with Village of Bal Harbour, Surfside and Bay Harbour Islands is currently in process, and will seek to join the three circulator systems, making it easier to navigate the area. PA2 Presentation to Detective Paul Eppler, Bal Harbour Village Police Department Acting Chief Raleigh Flowers recognized Detective Eppler who will be retiring from the Village after twenty-five years of service. PA3 Presentation to the Recipients of the Chief Mark N. Overton Legacy Memorial Scholarship Fund by the Bal Harbour Police Department in conjunction with the Rotary Club of Bal Harbour Acting Chief Flowers presented scholarship checks to Darline Auguste and Adan Pupo. CONSENT AGENDA C6 - COUNCIL MINUTES C6A APPROVAL OF MINUTES - JUNE 12, 2018 C7 RESOLUTIONS C7A FLORIDA APPROVING THE AGREEMENTS BETWEEN BAL HARBOUR VILLAGE AND AS THE PRIMARY, -----AS THE SECONDARY AND AS THE THIRD RANKED DISASTER DEBRIS RECOVERY MANAGEMENT AND DISPOSAL SERVICES PROVIDERS AS NEEDED; AUTHORIZING THE EPENDITURE OF FUNDS UPON THE ISSUANCE OF A FORMAL STATE OF EMERGENCY DECLARATION BY THE STATE OF FLORIDA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7B FLORIDA; APPROVING AN AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. FOR THE PROVISION OF DISASTER DEBRIS MONITORING SERVICES AS NEEDED; AUTHORIZING THE MANAGER TO EECUTE ANNUAL RENEWALS OF THE AGREEMENT; AUTHORIZING THE EPENDITURE OF FUNDS UPON THE ISSUANCE OF A FORMAL STATE OF EMERGENCY DECLARATION BY THE STATE OF FLORIDA; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 2

3 C7C FLORIDA; APPROVING A CONTINUING SERVICES AGREEMENT WITH CHEN MOORE AND ASSOCIATES, INC. FOR THE PROVISION OF ENGINEERING AND PROFESSIONAL CONSULTING SERVICES AS NEEDED, IN THE AMOUNT NOT TO ECEED ANNUAL BUDGET ALLOCATIONS NOR THE STATUTORY LIMITATIONS OF FLA. STAT ; 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 David Albaum. VOTE: The Motion was passed by unanimous voice vote (5-0). R5 ORDINANCES R5A Business Tax Receipt Ordinance Second Reading AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING ARTICLE II LOCAL BUSINESS TA OF CHAPTER 9 BUSINESS REGULATIONS AND BUSINESS TA OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES; PROVIDING FOR AN INCREASE IN CERTAIN BUSINESS TAES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING Mr. Gonzalez introduced the item stating that State statutes allow municipalities to increase business taxes once every two years and no more than five percent, and that the net increase to the Village would be approximately $30,000. Councilwoman Cohen suggested the lower amount collected at the Bal Harbour Shops due to lower inventory be researched, and asked if anybody verifies or audits and what is self-reported by business owners. MOTION: A motion to approve the Ordinance on first second was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen: ROLL CALL: ROLL CALL YES NO Councilman Albaum Councilwoman Cohen Councilman Freimark Mayor Groisman Assistant Mayor Salver VOTE: The Motion passed by unanimous roll call vote (5-0). Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 3

4 R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO ADDRESS SIGNAGE BY AMENDING SECTION SCHEDULE OF CIVIL PENALTIES TO CLARIFY PENALTIES FOR SIGN CODE VIOLATIONS; AMENDING SECTION 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. Second Reading Mr. Gonzalez introduced the item, and Ms. Trevarthen presented a summary of the ordinance and uniform sign plan, highlighting changes made following recommendations from the first reading, which included signs below the level of a perimeter wall, allowing illumination of ID signs and not regulating statuary or sculptures in the residential area, and providing a notice of fifteen days, instead of seven, for hearings. Ms. Trevarthen reviewed the decision-making responsibilities of the Council, the Architectural Review Board and the Administration and requirements for variances. She added that upon surveying the Village, existing signs would be treated as legal and that moving forward, non-conforming signs would not be created and all new signs would have to comply with this ordinance. She then described the sign requirements for each of the Zoning districts. Ms. Trevarthen then described the procedures pertaining to the Uniform Sign Plan. Councilwoman Cohen suggested that the notice requirements for a hearing be 15 days instead of 7 days. There was a general consensus to accept a 15-day notice. Assistant Mayor Salver clarified for members of the public that existing government and wayfinding along Collins were not covered by this ordinance and he asked that staff conduct an inventory of existing signs that would be grandfathered. Mayor Groisman suggested that existing wayfinding signs should be updated and redesigned. Beth Berkowitz (10160 Collins Ave.) asked for clarification of Delivery Trucks Only sign at her property, to which Ms. Trevarthen responded that it sounded to her like a compliant traffic control sign. Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 4

5 Dina Cellini (211 Bal Cross Dr.) asked for clarification of what would be changing in the gated residential community, to which Mr. Gonzalez responded that 100 square inch noncommercial speech are now allowed. Mr. Trevarthen further explained that decorations would not be regulated. MOTION: A motion to amend the notice requirement for Uniform Sign Plans or Amendments to 15 days was moved by Mayor Groisman and Seconded by Assistant Mayor Seth Salver. MOTION: A motion to approve the Ordinance as amended on second reading was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen: ROLL CALL: ROLL CALL YES NO Councilman Albaum Councilwoman Cohen Councilman Freimark Mayor Groisman Assistant Mayor Salver VOTE: The Motion passed by unanimous roll call vote (5-0). R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 2-75 PROCEDURE FOR CONSIDERATION OF CERTIFICATES OF APPROPRIATENESS AND APPLICATIONS SUBJECT TO ARCHITECTURAL REVIEW BOARD REVIEW AND SECTIONS DEFINITIONS AND CRITERIA FOR APPEARANCE OF CHAPTER 5.5 APPEARANCE CODE TO DEFINE AND AUTHORIZE THE SELECTION AND ENFORCEMENT OF A PAINT COLOR PALETTE; AMENDING SECTION 6-35 BUILDING PERMIT FEES TO REMOVE THE PERMIT FEE FOR A SINGLE FAMILY RESIDENTIAL PAINT PERMIT; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (First Reading) Mr. Gonzalez described the item explaining that this ordinance will expedited the process a resident undertakes when painting the outside of their house, by allowing them to select paint colors from a pre-approved pallet. There were no comments from the public. Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 5

6 MOTION: A motion to approve the Ordinance on first reading was moved by Assistant Mayor Seth Salver and seconded by Councilman David Albaum: ROLL CALL: ROLL CALL YES NO Councilman Albaum Councilwoman Cohen Councilman Freimark Mayor Groisman Assistant Mayor Salver VOTE: The Motion passed by unanimous roll call vote (5-0). R7 RESOLUTIONS R7A FLORIDA; APPROVING THE SOLE SOURCE AGREEMENT BETWEEN THE VILLAGE AND SUNSTATE METER & SUPPLY, INC. FOR THE PROVISION OF WATER METERS, INSTALLATION PARTS, AND METER BOES AS DETAILED WITHIN PROPOSAL NO IN THE AMOUNT NOT TO ECEED TWO HUNDRED NINETY EIGHT THOUSAND FORTY EIGHT DOLLARS ($298,048); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez described the item stating that as a result of the Village s water meters being old and 12% of the water payed for by the Village per year was not being billed to users, the village had begun to replace meters. He said that this was a sole source agreement because this was the only one provider of this meter in the state of Florida. Mayor Groisman asked would it be ensured that the pricing was reasonable, to which Mr. Gonzalez responded that the Village was committed to the Neptune meter and that he could ensure that the Village was not overpaying for this type of meter. Mayor Groisman suggested that the Administration proactively work with residents during the implementation of the transfer to new meters. Beth Berkowitz (10160 Collins Ave.) requested that meters for the buildings on the west side of Collins Avenue be installed on the east side of the wall separating the Gated Residential Community. Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 6

7 MOTION: A motion to approve the Resolution was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen: VOTE: The Motion passed by unanimous voice vote (5-0). R7B FLORIDA; APPROVING AN AGREEMENT WITH QUALITY CONSTRUCTION PERFORMANCE, INC. FOR THE SUPPLY OF ALL MATERIALS, EQUIPMENT AND LABOR NECESSARY TO CONSTRUCT STORM WATER DRAINAGE IMPROVEMENTS AT THE SANITARY LIFT STATION (PS-1) AND THE ADJACENT AREA IN THE AMOUNT NOT TO ECEED TWO HUNDRED EIGHTY FOUR THOUSAND NINE HUNDRED SEVENTY DOLLARS ($284,970); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item stating that it was before the Council following a selection from an RFP process and it was for work to be done at Pump Station One (PS-1) and fixing the adjacent catch basin. Mayor Groisman asked if the firm was going to be able to "hit the ground running" to which Mr. Gonzalez stated that after the signature process and a notice to proceed, the firm was reading to begin work. Mayor Groisman than asked how long the project would take expressing his concern for the upcoming hurricane season, to which John Oldenburg (Director of Park and Public Spaces) responded that the project would be four months overall. Dina Cellini (211 Bal Cross Drive) commented on flooding in the northern part of the gated community to which Mr. Oldenburg responded that a Park Drive project was in design and will go out to bid at the beginning of the fiscal year with start date aimed for February of MOTION: A motion to approve the Resolution was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen: VOTE: The Motion passed by unanimous voice vote (5-0). R7C FLORIDA; APPROVING AN AGREEMENT WITH CALVIN GIORDANO AND ASSOCIATES, INC. FOR THE PROVISION OF CONSTRUCTION ADMINISTRATION AND CERTIFICATION SERVICES DURING THE CONSTRUCTION OF THE SANITARY PUMP STATION NO. ONE, DRAINAGE IMPROVEMENTS PROJECT, AS Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 7

8 DETAILED WITHIN PROPOSAL NO , IN THE AMOUNT NOT TO ECEED FORTY ONE THOUSAND NINE HUNDRED NINETY THREE DOLLARS ($41,993); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item. There were no comments from the public. 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 (5-0). R7D FLORIDA; APPROVING THE CREATION OF THE BAL HARBOUR PARK ADVISORY COMMITTEE TO PROVIDE ADVICE AND RECOMMENDATIONS TO THE VILLAGE COUNCIL AND VILLAGE MANAGER ON THE DESIGN OF THE BAL HARBOUR VILLAGE PARK, AND ADOPTION OF A CHARTER FOR THIS COMMITTEE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item stating that this committee, as proposed, would consist of 5 members, each approved by a member of the Council, plus 2 additional members approved by the majority of the Council, and this committee, formed under the Village Code, would be bound by the Sunshine laws of the State of Florida. Councilwoman Cohen expressed her concern that such a formal structure might inhibit creativity, and that the requirement that committee members not communicate outside of a public hearing, would prevent people traveling to other parks together to explore ideas. Mayor Groisman agreed and asked the Village Attorney for advice on a committee structure that would be less formal, to which Ms. Trevarthen responded that the administration could seek public input, and that the public could organized themselves, at a grass roots level. Mr. Gonzalez added that as decision points for the project arose, he could invite public input in a way that provides everyone an opportunity to participate. MOTION: A Motion to defer this item was moved by Mayor Gabriel Groisman and seconded by Councilwoman Patricia Cohen. Thomas Noel (10240 Collins Avenue) expressed his interest to be involved in the park design project and suggested that the selection of the architect should follow the input for design, to which Mr. Gonzalez stated that the next step was to flesh out the approved site plan, not to overturn decisions already made by the Council. Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 8

9 Raj Singh (53 Camden Drive) commented that a committee was not the way to go, that it was impossible to get attendance, and that the administration should determine what people want, and then professionals should provide ideas to the Council for approval. Beth Berkowitz (10160 Collins Avenue) stated that Bernard Zyscovich was not a park architect and that the second site plan was lacking and needed to be rethought. Mr. Gonzalez stated that the park design by Mr. Zyscovitch was paid for through the development agreement and that seeking a new architect and new design would greatly increase the cost of the project and the time required to finish it. VOTE: The Motion was passed by unanimous voice vote (5-0). R7E FLORIDA; APPROVING THE RANKINGS OF THE EECUTIVE SEARCH FIRMS FOR THE RECRUITMENT SERVICES FOR THE BAL HARBOUR VILLAGE DIRECTOR OF TOURISM/CHIEF MARKETING OFFICER; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE WITH TOP RANKED FIRM SEARCHWIDE IN AN AMOUNT NOT TO ECEED FORTY TWO THOUSAND DOLLARS ($42,000); IF NOT SUCCESSFUL WITH THE TOP RANKED FIRM TO NEGOTIATE WITH THE SECOND RANKED FIRM DIVERSIFIED SEARCH IN AN AMOUNT NOT TO ECEED FIFTY THOUSAND DOLLARS ($50,000); IF NOT SUCCESSFUL NEGOTIATE WITH THE THIRD RANKED FIRM KORN FERRY IN AN AMOUNT NOT TO ECEED ($50,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item stating that three providers had responded through a bid process, and the top ranked (Searchwide) was well known within the industry. Ramiro Inguanzo, Assistant Village Manager, provided an explanation of the fee structure and breakdown of three firms' bids. Mr. Gonzalez added that this position more typical of the private-sector and the fee structures were reflective of that, to which Councilman Freimark add that the fees were in line with that of the private sector. Raj Singh (53 Camden Drive) commented that all three firms could do the job and that it was important to put comprehensive thought into writing the job description that they will use to in their search. Councilwoman Cohen asked if the Council would get the opportunity to have input in the job description, to which Mr. Gonzalez responded that it was the Manager's responsibility to hire the professional, and that the Council and the Resort Tax Committee had given him guidance. Beth Berkowitz (10160 Collins Avenue) thanked Mr. Inguanzo for his leadership with the Resort Tax Committee. She stated her opinion that hiring this position was premature and was being pushed by the powers-that-be, the Shops, and that mistakes have been made Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 9

10 with firms hired for branding and design. Mayor Groisman responded that representatives from the St. Regis and the Ritz Carlton had independently urged him to fill the position, and Assistant Mayor Salver added that the job description had changed overtime to include the duties of a tourism director and chief marketing officer. Thomas Noel (10240 Collins Avenue) commented that this was very dynamic position, and that a key component of the search criteria needed to include digital marketing and experience with both hotels and retail MOTION: A Motion to approve the Resolution was moved by Mayor Gabriel Groisman and seconded my Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). R7F FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR ; AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item state that the tax roll had increased about three percent and if the Village kept the current level (1.9654) it would be able to meet all its service needs plus add proposed service enhancements. Dina Cellini (211 Bal Cross Drive) asked the Mr. Gonzalez to describe the proposed enhancements. Mr. Gonzalez listed the proposed enhancements. Councilwoman Cohen suggested that that the Village's low millage rate should be emphasized and touted by the Chief Marketing Officer. Mr. Gonzalez announced that the agreed upon hearing dates for the budget were September 12 and September 17, MOTION: A Motion to pass the Resolution was moved by Councilwoman Patricia Cohen and seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 10

11 R9A NEW BUSINESS AND COUNCIL DISCUSSION Discussion regarding a resolution honoring fifty years of Municipal Home Rule in the Florida Constitution - Assistant Mayor Seth Salver Assistant Mayor Salver introduced the item and described a proposed resolution and then announced the August 16 Florida League of Cities Convention. Mayor Groisman asked Council members if anyone had an issue with putting aside Council protocol, by hearing and voting on a resolution presented in a discussion item, to which all Council members agreed to waive protocol for this issue. The Village Clerk read the title of the resolution. There was no public comment. VOTE: A Motion to approve the resolution was moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia Cohen. VOTE: The Motion passed by unanimous voice vote (5-0). R9B - PUBLIC COMMENT Ruth Karp (74 Bal Bay Drive) discussed the problem of stray cats in the community. She commented that there are individuals who capture the cats, have them neutered and tagged, then release them back into the community, and urged that the Village do something to help. She added that Village code required cats to wear a bell. Mr. Gonzalez that he had spoken with the Chief of Police regarding people feeding the cats. Dina Cellini (211 Bal Cross Drive) commented feeding the cats was not the problem, that there needed to be some kind of coordination In dealing with the problem including informational flyers, to which Mr. Gonzalez said that he would reach out to the Humane Society to explore what could be done. Penny Sepler (10275 Collins Avenue) asked about the rules/restrictions on campaign sign regarding placement and in particular, utilizing the Village's wave design, to which Ms. Trevarthen read the County code governing campaign signs and of potential problems in trying to over regulate them. Ms. Sepler then asked for the status of the Quarzo, to which Mr. Gonzalez responded that their business goal is to be operational by the end of the calendar year. Beth Berkowitz (10160 Collins Avenue) commented that she hoped that the Village would find a way to keep the utilization of the Village wave design from being used, to which Mayor Groisman cited a federal law statute prohibiting the trade mark registrations of flags and coat of arms. Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 11

R10 VILLAGE MANAGER REPORT R11 VILLAGE CLERK REPORT R11A LOBBYIST REPORT R12 VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT The meeting was

12 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 9:42 PM. Mayor Gabriel Groisman Attest: Dwight S. Danie, Village Clerk Bal Harbour Village Council Regular Meeting Minutes July 17, 2018 P a g e 12

MINUTES OF A REGULAR MEETING TOWN OF BAY HARBOR ISLANDS

MINUTES OF A REGULAR MEETING TOWN OF BAY HARBOR ISLANDS A regular meeting of the Town Council was held on Monday October 16, 2017 at 7:00 p.m. in the Council Chambers. Upon roll call the following members