Village Council Regular Meeting Agenda May 15, 2018 At 7:00 PM
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER/ PLEDGE OF ALLEGIANCE REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS PRESENTATIONS AND AWARDS PA1
Legislative Update
PA2
Presentation of Red Nose Day Proclamation
CONSENT AGENDA C6 - COUNCIL MINUTES C6A
Approval of April 17, 2018 Minutes RegularCouncilMeetingMinutes_April11_2018.pdf
C7 – RESOLUTIONS C7A
Resolution-Agreement with Quality Construction Performance, Inc. for Beach Jogging Restoration A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND QUALITY CONSTRUCTION PERFORMANCE, INC. FOR THE RESTORATION OF THE JOGGING PATH, AS DETAILED WITHIN PROPOSAL NO. 2018-3217, IN THE AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND SIXTY TWO DOLLARS
($79,062.00); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Item Summary - Jogging Path Restoration Council Memorandum - Jogging Path Restoration Resolution - Jogging Path Restoration Construction Agreement - Quality Construction Performance, Inc. Attachment 1 - Proposal from Homestead Concrete Attachment 2 - Proposal from Quality Construction Performance, Inc. R1 - PRESENTATION AND DISCUSSION R5 – ORDINANCES R5A
Automatic Tipping Ordinance (Second Reading) AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9-1 “DEFINITIONS” OF CHAPTER 9 “BUSINESS REGULATIONS AND BUSINESS TAX” TO CREATE AN EXEMPTION FROM AUTOMATIC TIP DISCLOSURE REGULATIONS FOR OCEANFRONT ACCESSORY RESTAURANTS THAT ARE ACCESSORY USES IN MULTI FAMILY RESIDENTIAL BUILDINGS THAT DO NOT SERVE THE PUBLIC; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (Second Reading) Item Summary - Automatic Tipping Ordinance (Second Reading) Council Memorandum - Automatic Tipping Ordinance (Second Reading) Ordinance - Automatic Tipping Ordinance (Second Reading) Attachment 1 - Sec.21 281 Permitted uses (002)
R5B
Sign Ordinance - First Reading with LPA AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO ADDRESS SIGNAGE BY AMENDING SECTION 2-191 “SCHEDULE OF CIVIL PENALTIES” TO CLARIFY PENALTIES FOR SIGN CODE VIOLATIONS; AMENDING SECTION 5.5-5 “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
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AN EFFECTIVE DATE. Item Summary - Sign Code Ordinance Council Memorandum - Sign Code Ordinance Ordinance - SIgn Code Ordinance R7 – RESOLUTIONS R7A
Resolution Approving the Design Concept for the Future Development of Bal Harbour Park A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE DESIGN CONCEPT FROM ZYSCOVICH ARCHITECTS FOR THE FUTURE DEVELOPMENT OF BAL HARBOUR PARK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE Item Summary - BH Park Conceptual Design Council Memorandum - BH Conceptual Design Resolution - BH Park Conceptual Design Attachment 1 - BH Park Conceptual Design by Zyscovich Architects
R7B
Civil Citations A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW THE VILLAGE, PURSUANT TO SECTION 8CC-11 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES, TO ENFORCE SECTION 21-81 OF THE MIAMI DADE COUNTY CODE; PROVIDING FOR NECESSARY AUTHORIZATION, IMPLEMENTATION AND AN EFFECTIVE DATE. Item Summary - Civil Citations Council Memorandum - Civil Citations Resolution - Civil Citations Interlocal Agreement - Civil Citations
R7C
Agreement with Nextran Truck Center for the Purchase of a Grapple Truck A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND NEXTRAN TRUCK CENTER FOR THE PURCHASE OF A 2018 MACK GRANITE 64FR (GU713) GRAPPLE TRUCK WITH A PETERSEN ATLAS GRAPPLE AS DETAILED WITHIN THE PROPOSAL NO. FSA17-VEH15.0 SPEC#15, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED ONE DOLLARS ($233,401); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Item Summary - Petersen Grapple Truck Council Memorandum - Petersen Grapple Truck Resolution - Petersen Grapple Truck
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Purchase Agreement - Petersen Grapple Truck Attachment 1 - Nextran Truck Center Florida Sheriff's Bid Attachment 2 - Petersen Industries Quote #20180401 (NJPA) Attachment 3 - Petersen Industries Limited Warranty R9 – NEW BUSINESS AND COUNCIL DISCUSSION Discussion on Aventura Arts & Cultural Center - Councilwoman Cohen Council Discussion Item - AventuraArtsCulturalCenter.pdf AventuraArtsAndCulturalCenterPictures.pdf R9B - PUBLIC COMMENT R10 – VILLAGE MANAGER REPORT R10A LTC 075-2018 Update following Beach Renourishment Meeting with County Mayor LTC 075-2018 Update following Beach Renourishment Meeting with County Mayor R11 – VILLAGE CLERK REPORT Lobbyist Report R11A1_Lobbyist Registration Report as of May9_2018.pdf R12 – VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT One or more members of any Village Committee/Board may attend this meeting of the Council and may discuss matters which may later come before their respective Boards/Committees. The New Business and Council Discussion Section includes a section for Public Comment. On public comment matters, any person is entitled to be heard by this Council on any matter; however, no action shall be taken by the Council on a matter of public comment, unless the item is specifically listed on the agenda, or is added to the agenda by Council action. Any person who acts as a lobbyist, pursuant to Village Code Section 2-301 (Lobbyists), must register with the Village Clerk, prior to engaging in lobbying activities before Village staff, boards, committees, and/or the Village Council. A copy of the Ordinance is available in the Village Clerk’s Office at Village Hall. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure
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that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Village Clerk’s Office (305-866-4633), not later than two business days prior to such proceeding. All Village Council meeting attendees, including Village staff and consultants, are subject to security screening utilizing a metal detector and/or wand, prior to entering the Council Chamber, Conference Room, or other meeting area located within Village Hall. This is for the safety of everyone. Thanks for your cooperation.
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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 April 17, 2018 At 7:00 PM Bal Harbour Village Hall • 655 Street • Bal Harbour • Florida 33154 CALL TO ORDER/ PLEDGE OF ALLEGIANCE – Mayor Groisman called the meeting to order at 7:00 PM welcoming Councilman Jamie Sanz. The following were present: Mayor Gabriel Groisman Assistant Mayor Seth Salver (7:15 PM) Councilman David Albaum Councilman Jeffrey Freimark The following were not Present: Councilwoman Patricia Cohen Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Ramiro Inguanzo, Assistant Village Manager Susan L. Trevarthen, Village Attorney Stephanie Marquez-Quintero, Deputy Village Clerk The Pledge of Allegiance was led by the Council.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests. PRESENTATIONS AND AWARDS There were no presentations.
CONSENT AGENDA C6 - COUNCIL MINUTES C6A
Approval of Minutes
C7 – RESOLUTIONS C7A
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE DONATION OF $5,000.00 OF LAW ENFORCEMENT TRUST FUNDS TO “DO THE RIGHT THING OF MIAMI, INC.”; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE
C7B
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE EXPENDITURE OF $5,078.15 OF LAW ENFORCEMENT TRUST FUNDS TO PURCHASE PROTECTIVE GEAR FOR MOBILE FIELD FORCE RESPONSE TEAM, PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE.
C7C
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE SOLE SOURCE AGREEMENT BETWEEN THE VILLAGE AND THE SANDERS COMPANY, INC. FOR THE REPAIR OF A FAIRBANKS MORSE PUMP SERIAL # 232855-0 AS DETAILED WITHIN THE PROPOSAL NO. 03687, IN THE AMOUNT NOT TO EXCEED THIRTY EIGHT THOUSAND FOUR HUNDRED THIRTY EIGHT DOLLARS ($38,438); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C7D
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE SOLE SOURCE AGREEMENT BETWEEN THE VILLAGE AND HYDRA SERVICE INC., FOR THE PURCHASE OF TWO ABS SUBMERSIBLE SANITARY SEWER PUMPS ONE MODEL XFP100J-CH1.326PE 3504 AND ONE MODEL XFP155J-CB2-PE860 CURVE, AS DETAILED IN PROPOSALS NO. 180102-LC-NV-REV-2 AND NO. 180226-1LC-NV-REV-2, IN THE AMOUNT NOT TO EXCEED SIXTY THREE THOUSAND FIVE HUNDRED NINETY NINE DOLLARS ($63,599); 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 Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (3-0).
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R5 – ORDINANCES R5A
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9-1 “DEFINITIONS” OF CHAPTER 9 “BUSINESS REGULATIONS AND BUSINESS TAX” TO CREATE AN EXEMPTION FROM AUTOMATIC TIP DISCLOSURE REGULATIONS FOR OCEANFRONT ACCESSORY RESTAURANTS THAT ARE ACCESSORY USES IN MULTI FAMILY RESIDENTIAL BUILDINGS THAT DO NOT SERVE THE PUBLIC; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. (FIRST READING)
Mr. Gonzalez described the item stating that there was an unintended class of restaurants in condo buildings that were for the exclusive use of residents, where it would be best left to the condo associations and residents to determine their own tipping requirements. Councilman Freimark asked how the ordinance would affect associations that do sell food to non-residents on the beach, to which Mauricio Escarra (Code Compliance Officer) stated such an association would need to obtain an exemption from the Village Council. Penny Sepler (10275 Collins Ave.) asked for clarification that existing ordinance would apply to restaurants that were allowed to sell food to the public on the beach, to which Mr. Gonzalez replied that the tipping ordinance would apply. MOTION: A Motion pass the ordinance on first reading was moved by Councilman Jeffrey Freimark and seconded by Councilman David Albaum. ROLL CALL: ROLL CALL Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilwoman Patricia Cohen Councilman Jeffrey P. Freimark
Yes X X X
No -
VOTE: the ordinance passed on first reading by unanimous roll call vote (3-0).
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R7 – RESOLUTIONS R7A
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH QUINN & CO. OF NY LTD, INC. (QUINN PR) TO CONTINUE DOMESTIC MARKETING SERVICES FOR A TOTAL AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000).
Mr. Inguanzo introduced the item stating that this resolution was to approve an agreement with Quinn PR for the rest of the fiscal year per unanimous recommendation by the Resort Tax Committee. Mr. Gonzalez added that the selection of the vendor was accomplished with through a solicitation process with five vendors. Mayor Groisman asked how the selection of a Director of Tourism would be affected, to which Mr. Gonzalez answered that person appointed to the Director position would offer a higher level of strategic guidance. Mr. Inguanzo added that Quinn PR’s focus is primarily domestic PR. Councilman Freimark commented that that he was looking forward to the Tourism Workshop and reviewing key metrics and performance indicators that would provide a better understanding of the strategies regarding the resort tax. He encouraged all residents to participate. Assistant Mayor Seth Salver arrived at 7:15 PM. Councilman Albaum asked for Mr. Inguanzo to briefly describe the Village’s marketing efforts, to which Mr. Inguanzo answered that Quinn PR would provide media placements that bring attention to the Village and its events. Mayor Groisman said that mangers from the Ritz Carlton, with whom he had met, valued the opportunity resulting from PR and marketing from resort tax dollars. Buzzy Sklar (10275 Collins Ave.) commented that it is important for the Village to ensure that the hotels match dollar-for-dollar the Village's spend on PR and marketing, in promoting the entire Village and not just individual hotels. Penny Sepler (10275 Collins Ave.) said she was pleased that this item was on the Agenda, that the Village needed a cohesive effort. She asked about the time frame for hiring the Director of Tourism, saying that the future Director may have a preferred PR firm, so it would be best not too lock-in too long with Quinn. Mayor Groisman responded that the duration of this agreement was only to the end of the Fiscal Year, and Mr. Gonzalez added that whichever firm the future Director might suggest, there would be a competitive bid process.
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Mayor Groisman thanked Councilman Freimark for initiating the Tourism Workshop given the importance tourism has to the Village. MOTION: A Motion to approve the Resolution was moved by Councilman Jeffrey Freimark 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 BAL HARBOUR CIVIC ASSOCIATION REQUEST TO APPROVE THE EXPENDITURE OF LANDSCAPE AND SECURITY ASSESSMENT FUNDS FOR CERTAIN LEGAL FEES; PROVIDING FOR IMPLEMENTATION AND FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item stating that over the course of the Civic Association's recent development, they have incurred legal expenses, and were now asking to be reimbursed with assessment dollars. Ms. Trevarthen added the special assessment does provide for the payment of these types of expenses and that it is in the discretion of the Council to decide whether or not to approve this item. Mayor Groisman stated that he was prepared to approve the $86,000 from assessment dollars, being that it is related to litigation pertaining to access and ownership to the parks, and that it would move the Association towards the independence the Village and the Association were seeking. Assistant Mayor Salver asked if there would be an issue in reimbursing expenses incurred in Fiscal Years 2016 and 2017, to which Mr. Gonzalez replied that he couldn't answer how the auditors would react, but whatever amount that is approved would come out of the fund balance and not the current year budget. Councilman Albaum said he was in agreement with Mayor Groisman and that he was inclined to reimburse the Association a smaller amount given that the litigation was drawn out, to which Mayor Groisman responded that the dollars were coming from the Association's own assessments. Councilman Freimark asked the following questions be addressed on the record: Who is being reimbursed; Why were these requests not made in advance; Are there contrary views from residents in the community; What would the process be moving forward; and Why not wait until the Association has completed its formation?
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Mayor Groisman stated that an email was sent out to Gated Community residents, when the Council Agenda was published, notifying them of this hearing and giving them time to express contrary views. Mark Fisher (284 Bal Bay Dr.) stated the Civic association is the de facto homeowner’s association, and they had waited for milestone agreement with the Village to be approved and executed. He stated $86,000 had been spent on the Imbesi/Stoppa/Tate/Graham litigations, and that that he wanted to resolve all litigation going forward, hopefully putting a line-item in the budget for legal expenses. He stated that it would be the Civic Association that would be reimbursed and that this would encourage membership by lowering the membership fees. He stated the item was currently being presented because it was previously unknown how issues regarding the status of the Civic Association were to be resolved. Mr. Gonzalez clarified that two actions would be taken, the reimbursement for past expenses and the setup of procedures for future reimbursements. Assistant Mayor Salver noted that the last item on the list of Requested Expenditure Reimbursements dated 12/7/2018, should probably be dated 12/7/2017, to which Mr. Gonzalez agreed. Mayor Groisman noted that the Section 3. of the Resolution refers to an Agreement, but there is no agreement. He also stated that it is important that the Resolution be clear that that the Civic Association would be reimbursed. Ms. Trevarthen stated that the last phrase of the first Whereas clause “, and in organizing the BHCA” would be stricken. Mr. Gonzalez added that the blank in the second Whereas clause would be filled in and third Whereas clause about moving forward with future reimbursements would necessary. A general discussion ensued regarding to which extent the Village would be involved in the oversight of future reimbursements for the rest of this Fiscal Year and in moving forward. There was a consensus that the Village Council preferred not to micro-manage the affairs of the Civic Association, given that there are milestones in place that the Manager would have authority to reimburse legal fees for anything other than fees for organizational maintenance. Buzzy Sklar (10275 Collins Ave.) commented that the Civic Association should have the right to spend its own money and that the Council should not micro-manage it. MOTION: Mayor Gabriel Groisman moved to approve the Resolution with the following amendments: strike that last phrase of the first Whereas clause; fill in the blanks with the amount $86,849.35; and to create a third Whereas clause giving the Manager the authority to reimburse the Civic Association for legal fees other than fees incurred for organizational maintenance. The Motion was seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (4-0). Bal Harbour Village Council Regular Meeting Minutes — April 17, 2018
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R7C
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, ASSIGNING AN ADDITIONAL $1,333,828 OF THE GENERAL FUND UNDESIGNATED FUND BALANCE FOR THE CAPITAL PROJECTS RESERVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item stating that the Village had a surplus of $1,633,828 of revenue over expense. He stated that the Village’s fiscal policy is to allocate 50% of surplus to the undesignated fund balance, and 50% to capital reserve for future capital projects with a “rainy-day fund” that is 100% of operating budget, which we are already there. He suggested that the Council could waive this policy and place the full amount into the capital reserve. Councilman Freimark congratulated Mr. Gonzalez and staff for a job well done and for its fiduciary stewardship of the Village funds. Mayor Groisman agreed and encouraged the manager to consider adding a capital projects staff member. The was no public discussion. 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). R9 – NEW BUSINESS AND COUNCIL DISCUSSION R9A
Discussion regarding the April 23, 2018 Council Workshop on Tourism, Resort Tax and Art In Public Places - Councilman Jeffrey Freimark
Councilman Freimark encouraged everyone to attend the upcoming workshop. R9B - PUBLIC COMMENT There was no public comment. R10 – VILLAGE MANAGER REPORT R11 – VILLAGE CLERK REPORT R11A
Lobbyist Report
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R12 – VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT The meeting was adjourned at 8:06 PM. __________________________ Mayor Gabriel Groisman
Attest: _____________________________ Dwight S. Danie, Village Clerk
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RESOLUTION NO. 2018A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND QUALITY CONSTRUCTION PERFORMANCE, INC. FOR THE RESTORATION OF THE JOGGING PATH, AS DETAILED WITHIN PROPOSAL NO. 20183217, IN THE AMOUNT NOT TO EXCEED SEVENTY NINE THOUSAND SIXTY TWO DOLLARS ($79,062.00); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Bal Harbour Beach jogging path is located in the area between the western dune edge and planted vegetation belt eastward of the vehicular/bicycle path; and WHEREAS, the jogging path is in need of restoration due to the uneven surface and the amassed rocks and beach sand that has accumulated onto the path; and WHEREAS, requests for proposals were sent to four (4) contractors to obtain pricing for the required work, Homestead Concrete and Drainage, Inc., Quality Construction Performance, Inc., Pro Grounds Products, Inc., and C&I Construction and Design, Inc.; and WHEREAS, Quality Construction Performance, Inc. provided the lowest overall cost proposal of the two received, totaling seventy nine thousand, sixty two dollars ($79,062), for the required work; and WHEREAS, the Council has determined that it is in the best interest of the Village to enter into an agreement with Quality Construction Performance, Inc., for the requested work as detailed within the proposal No. 2018-3217 in the amount not to exceed seventy nine thousand, sixty two dollars ($79,062). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Section 2. Agreement Approved. That the agreement with Quality Construction Performance, Inc., for the requested work as detailed within the proposal No. 2018-3217, in the amount not to exceed seventy nine thousand, sixty two dollars ($79,062), in substantially the form attached hereto as Exhibit “A”, is hereby approved and the Village Manager is hereby authorized to execute the agreement on behalf of the Village. Bal Harbour Village – Resolution No. 2018-
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Section 3. Expenditure Approved for Water Service Installation. That the expenditure of identified budgeted funds for the provision of the water service installation services as detailed within the proposals No. 2018-3217, in the amount not to exceed seventy nine thousand, sixty two dollars ($79,062), is hereby approved. Section 4. Implementation. That the Village Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 5. Effective Date. That this Resolution shall take effect immediately upon the adoption hereof.
Bal Harbour Village – Resolution No. 2018-
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PASSED AND ADOPTED this 15th day of May, 2018.
Mayor Gabriel Groisman
ATTEST: Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Village Attorney Weiss Serota Helfman Cole & Bierman, P.L.
Bal Harbour Village – Resolution No. 2018-
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Construction Agreement with Quality Construction Performance, Inc. This Construction n Agreement (the “Agreement”) is made and entered into as of the ____ day of _______, 2018 (the “Effective Date”) by and between Bal Harbour Village, a Florida municipality (the “Village”) and Quality Construction Performance, Inc. (“Quality Construction”) with each being referred to herein as a Party or collectively as the “Parties.” WHEREAS, on ____________, 2018, the Village approved utilizing the services of Quality Construction in order to restore the Bal Harbour Beach jogging path; and WHEREAS, Quality Construction (“Contractor”) is an experienced contractor and the Village desires to engage the Contracator in restoring the path; and WHEREAS, Contractor will supply the required equipment to perform the scope of work (“Work”); and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants set forth below, the Village and Contractor agree as follows: I.
SCOPE OF SERVICES. Contractor shall provide the materials and accompanying scope of services incorporated herein and attached hereto as Exhibit “A” (“Project”).
II.
TERM. The term of this Agreement (the “Term”) shall commence upon execution of this Agreement by all parties hereto, which shall be the Effective Date on page 1 hereof, and shall terminate. A. Pricing The cost of the Project shall not exceed seventy nine thousand sixty two dollars ($79,062).
III.
PAYMENT A. Contractor may make an Application for Payment for Work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by the Village. Each Application for Payment shall be submitted for approval. Village shall make payment to 1
Contractor within forty-five (45) days after approval of Contractor's Application for Payment. The Village shall provide the format for the application for payment. B. Ten percent (10%) of all monies earned by Contractor shall be retained by Village until final Completion and acceptance by Village in accordance with Article IV hereof. Any interest earned on retainage shall accrue to the benefit of Village. C. When determined to be necessary by the Village, and based upon the certification of the appropriate monetary amount to be withheld as determined by the Village, Village may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 1.
Defective Work not remedied.
2. Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. 3. Failure of Contractor to make Subcontractors or for material or labor. 4.
payments
properly
to
Damage to another contractor not remedied.
5. Liquidated damages and costs incurred by Village for extended construction administration. When the above grounds are removed or resolved or Contractor provides a Surety Bond or a consent of Surety, satisfactory to Village which will protect Village in the amount withheld, payment may be made in whole or in part to the Contractor. IV.
DURATION. The Project shall be completed within 30 days of receipt of the materials included in the scope of services included in “Exhibit A”. Completion shall mean an inspection resulting in approval of all required permits necessary to complete the Project. Any extensions shall be granted at the Village Manager’s sole discretion, and shall be included in this agreement as an Addendum.
V.
TERMINATION. A. Termination for Cause. If a Party fails to fulfill in a timely manner, or otherwise violates or defaults upon, any of the covenants, agreements, or stipulations material to this 2
Agreement, the non-defaulting Party, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the non-defaulting Party shall notify the defaulting Party of its violation of the particular term(s) of this Agreement, and shall grant the defaulting Party ten (10) business days to cure such default. If such default remains uncured after ten (10) business days, the nondefaulting Party may terminate this Agreement without further notice to defaulting Party. Upon termination, the non-defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement. Notwithstanding the above, Contractor shall not be relieved of liability to the Village for damages sustained by the Village by virtue of any breach of the Agreement by the Contractor. The Village, at its sole option and discretion, shall be entitled to bring any and all legal or equitable actions that it deems to be in its best interest in order to enforce the Village’s rights and remedies against Contractor. The Village shall be entitled to recover all costs of such actions, including reasonable attorney’s fees. B. Termination for Convenience of the Village. The Village may, through its Village Manager, and for its convenience and without cause, terminate the Agreement at any time during the Term by giving written notice to Contractor of such termination; which shall become effective ten (10) days following receipt by Contractor of such notice. If the Agreement is terminated for convenience by the Village, Contractor shall only be paid for any services satisfactorily performed up to the date of termination; following which the Village shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. VI.
INSURANCE REQUIREMENTS Contractor shall maintain general commercial, automobile (where applicable), workers’ compensation, and professional liability insurance in an amount acceptable to the Village. Contractor shall maintain the following required types and minimum limits of insurance coverage during the term of this Agreement
General Liability Automobile Liability
Per Occurrence Aggregate $1,000,000 $2,000,000 $1,000,000 combined single limit per accident
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Professional Liability $500,000 $1,000,000 Workers’ Compensation Statutory Amount This Agreement shall not be deemed approved until the Contractor has obtained all insurance required under this section and has supplied the Village with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The Village shall be named as an additional insured via a blanket endorsement in the endorsement for commercial and automobile liability coverage. The Village shall approve of such Certificates prior to the performance of any Services pursuant to this Agreement. CERTIFICATE HOLDER MUST READ Bal Harbour Village 655 95th Street Bal Harbour, FL 33154 ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best’s Key Rating Guide and be licensed to do business in Florida. Contractor’s liability insurance shall be primary to any liability insurance policies that may be carried by the Village. Contractor shall be responsible for all deductibles and self-insured retentions on their liability insurance policies. Contractor agrees to provide at least thirty (30) calendar days’ written notice of cancellation, material change, or renewal refusal to the Village by certified mail, unless policies are renewed with equal or better coverage. VI.
INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the Village and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or willful or intentional conduct of the Contractor, its officers, employees, agents, subcontractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's performance of the Services pursuant to this Agreement. To that extent, the Contractor
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shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the Village in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the Village to the Contractor for the Contractor’s indemnity agreement. The provisions of this Section and this indemnification shall survive termination or expiration of this Agreement. Nothing in this Agreement shall be deemed or treated as a waiver by the Village of any immunity to which it is entitled by law, including but not limited to the Village’s sovereign immunity as set forth in Section 768.28, Florida Statutes. VII.
NO DAMAGES FOR DELAY. No claim for damages or any claim, other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
VIII.
RESPONSIBILITY FOR DAMAGES A. Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by Village, and shall promptly repair any damage done from any cause. B. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by Village, Contractor shall replace same without cost to Village.
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IX.
DEFECTIVE WORK/GUARANTEES B. Village shall have the authority to reject or disapprove Work which the Village finds to be defective. If required by the Village, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondefective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. B. Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Agreement within the time indicated in writing by the Village, Village shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by Village in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, Village may declare Contractor in default. B. The Contractor shall unconditionally guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion. If, within one (1) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Agreement, Contractor, after receipt of written notice from Village, shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Agreement including but not limited to any claim regarding latent defects. B. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered.
X.
VERIFICATION OF PLANS, SPECIFICATIONS, AND DATA Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Village, and shall notify Village in writing of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery and Village will promptly review the same. Any Work done after such discovery, but prior to written authorization of the Village, will be done at the Contractor's sole risk.
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XI.
SAFETY AND PROTECTION Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Village's observations and reporting of unsafe conditions shall not relieve the Contractor of this sole responsibility. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: A. All employees on the Work and other persons who may be affected thereby; B. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and; C. Other property at the Project site or adjacent thereof, including trees, shrubs, lawns, walks, pavements, roadways, existing buildings, structures and utilities not designated for removal, relocation or replacement in the course of construction. D. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed. E. Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Village.
XII.
ENTIRE AGREEMENT.
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This Agreement, Contractor’s proposal, estimates, and any warranties on materials and labor shall constitute the entire Agreement. The order of interpretation shall be: 1) this Agreement 2) Contractor’s proposal and 3) any additional warranties on materials and labor. In the event of a conflict between the provisions of those documents and this Agreement, the provisions of this Agreement shall prevail. Any amendment to the terms of this Agreement shall be evidenced in writing and executed by both Parties. XIII.
WARRANTIES. Contractor warrants that it will maintain all professional licenses necessary to perform the Services for the duration of this Agreement. This warranty is supplemental and does not limit or displace any implied warranty for merchantability and fitness for a particular purpose or any warranty offered by a manufacturer or supplier. In the event that this warranty and the Contractor’s or any other warranty conflict, the provision that is more favorable to the Village prevails. The period of this warranty shall be for a total of one (1) year following the completion of the scope of services.
XIV. NON-EXCLUSIVITY. This Agreement is non-exclusive. The Village retains the right to engage the services of additional third party contractors or assign responsibilities to an employee of the Village to perform the same or similar services provided by Contractor under this Agreement and to assign work to such parties in its sole discretion. XV.
SEVERABILITY. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Agreement is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section, sentence, word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Agreement) and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision would cause enforcement of the remainder of this Agreement to be inequitable under the circumstances.
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XVI. ANTI-DISCRIMINATION. Contractor certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. Contractor further agrees that neither Contractor, nor any parent company, subsidiaries or affiliates of Contractor are currently engaged in, nor will engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. XVII. NOTICES. All notices hereunder shall be given in writing by registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, or at such other address as may be designated in writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the United States mail: To Village:
Jorge Gonzalez, Village Manager Bal Harbour Village 655 95th Street Bal Harbour, FL 33154
Copy To:
Susan Trevarthen, Village Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, FL 33312
To Contractor: Quality Construction Performance Inc. NW 109th Ave #2 Miami, Florida 33172
XVIII. COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the Services covered by this Agreement, regardless of the applicable jurisdiction.
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XIX. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out in this Agreement, without the prior written consent of the other party. XX.
SURVIVAL OF TERMS. Termination or expiration of this Agreement for any reason shall not release either Party from any liabilities or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such termination, or (b) remain to be performed and by their nature would be intended to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or indemnification obligations set forth below shall survive the termination of this Agreement.
XXI. GOVERNING LAWS. This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this Agreement shall be the Circuit Court of Miami-Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of litigation between the Parties, which arises out of this Agreement in any way.
XXII. NO CONTINGENT FEES. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. XXIII. WAIVER. No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A
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waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. XXIV. FORCE MAJEURE. Non-performance of Contractor or Village shall be excused to the extent that performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar reason where failure to perform is beyond the control of and not caused by the negligence of the non-performing Party (“Force Majeure”), provided that the non-conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. XXV. CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, Contractor agrees to: A. Keep and maintain public records in Contractor’s possession or control in connection with Contractor’s performance under this Agreement. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the Village. B. Upon request from the Village’s custodian of public records, Contractor shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. C. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the Village. Notwithstanding, it is understood that at all times Contractor’s work papers shall remain the sole property of Contractor, and are not subject to the terms of this Agreement. 11
D. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of Contractor shall be delivered by Contractor to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the Village in a format that is compatible with the Village’s information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, Contractor shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the Parties agree and it is understood that Contractor will maintain a copy of any information, confidential or otherwise, necessary to support its work product generated as a result of its engagement for services, solely for reference and archival purposes in accordance with all applicable professional standards, which will remain subject to the obligations of confidentiality herein. E. Any compensation due to Contractor shall be withheld until all records are received as provided herein. F. Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-866-4633
[email protected] OR BY MAIL: Village of Bal Harbour – Village Clerk’s Office, 655 96th Street, Bal Harbour, FL 33154.
IN WITNESS WHEREOF, Contractor has signed and delivered this Agreement, and the Village has caused this Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date first set forth above. CONTRACTOR:
VILLAGE: Bal Harbour Village
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655 Ninety-Sixth Street Bal Harbour, FL 33154
By: _________________________ President
By: _______________________ Jorge M. Gonzalez Village Manager Attest:_____________________ Dwight S. Danie Village Clerk Approved as to form and legal sufficiency for the use and reliance of the Bal Harbour Village only.
By:________________________ Weiss Serota Helfman Cole & Bierman P.L. Village Attorney
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EXHIBIT “A”
14
Proposal
Homestead Concrete and Drainage, Inc. “Concrete’s Finest”. To:
Bal Harbour Village
Attn:
Bal Harbour Village Hall 655-96th Street Bal Harbour, FL 33154 Jason Atkinson (305) 866-4633
[email protected]
Phone Email
No.: No: 018-3528.616 Project:
Location:
Jogging Path Coquina Sand Replacement entrance at 96th St near Haulover Inlet, Bal Harbour - Miami-Dade County, FL
Prepared by:
HCD Estimating Dtp. Bid Date: 4/27/2018
SCOPE OF WORK: The following is the HCD Proposal for the project named Jogging Path Coquina Sand Replacement in according with the Qty Only provided by Owner Requirements. Price includes the Bid Items and scope of work shown on attached “Price Breakdown”. The work to be completed from the top of the curbing / border of the jogging path with a length of the path of 2,819’ long and a usual width of the path of 14’ resulting in 39, 466 square feet for removal of 1 ½” and replacement of 1” of coquina sand from the jogging path.
Total Price Estimate :
$104,584.90
Addendum: Acknowledgment is hereby made of receipt of the following Addenda issued during the bidding period: NONE Clarification: Work hours are Monday – Friday from 8:30 am until 5:00 pm. The work will need to be performed in a continuous manner in according with the work requirement of do not to interrupt the usage of the jogging path at the end of the work day as specified by The Owner all task will be done in One mobilization only so Any coquina sand that is removed should be replaced as much as possible at the end of the day. Surface of coquina sand that is laid back down will need to be level and compacted to an elevation of ½” below the curb to avoid settling. The SOW provides MOT including all necessary traffic control devices to redirect, protect, warn, or maintain existing vehicular and pedestrian traffic. All work areas will have coned, and caution taped off at any entry points or dune crossings while work is being performed.
Exclusions: Costs associated with: Bonding, permits and inspections fees, surveying services and as-built, night and weekends, prevailing wages, temporary access to work or existing facilities, temporally protection of underground, adjacent structures including both new and existing surfaces, testing and soil poisoning, earthwork, excavation or backfill, sub-grade or base, environmental control, asphalt paving, fence, landscaping and irrigation, and any other work not specified set forth below in bid items.
All Materials guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Client agrees that payments will not be withheld due to any delayed work that is beyond the scope of this contract or any conditions beyond our control. This proposal is void after 30 days.
Submitted by: ____________________________________ Nelson Apolinario Director of Pre-Construction/Chief Estimator
[email protected]
Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined as above.
By:__________________________________ Date:__________
HOMESTEAD CONCRETE AND DRAINAGE, INC. 221 SW 4TH AVE., HOMESTEAD, FL 33030 P: 305.248-9649 F: 305-248-9650
Proposal
Homestead Concrete and Drainage, Inc. “Concrete’s Finest”.
No.: No: 018-3528.616
Jogging Path Coquina Sand Replacement
Price Breakdown
No.
Condi ti on
Qua nti ty
1
Mobilization
1.00 EA
2
Traffic control device: Cones and Caution Tape
1.00 EA
3
Removal of debris
183.00 CY
4
Disposal of debris
183.00 CY
5
Coquina Sand Purchasing
121.00 CY
6
Installation of coquina sand (FIELD MEASUREMENTS WILL BE BILLED)
39,466.00 SF
Uni t Pri ce
2.65
Amount
104,584.90 104,584.90
All Materials guaranteed to be as specified. All work to be completed in a professional manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Client agrees that payments will not be withheld due to any delayed work that is beyond the scope of this contract or any conditions beyond our control. This proposal is void after 30 days.
Submitted by: ____________________________________ Nelson Apolinario Director of Pre-Construction/Chief Estimator
[email protected]
Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined as above.
By:__________________________________ Date:__________
HOMESTEAD CONCRETE AND DRAINAGE, INC. 221 SW 4TH AVE., HOMESTEAD, FL 33030 P: 305.248-9649 F: 305-248-9650
QUOTATION Date 4/27/2018 PROJECT INFORMATION Project Name: Jogging Path Coquina Sand Replacement Project Number: Project Location:
Item #
Description
QUOTATION # 2018 - 3217
ESTIMATE TO Company Name: Bal Harbour Contact Person: Jason Atkinson Fax / Phone:
Unit Quantity
Unit Price
Total
1
MOBILIZATION
L.S.
1.00
$2,500.00
$2,500.00
2
CONES AND CAUTION TAPE
L.S.
1.00
$1,000.00
$1,000.00
3
REMOVAL AND DISPOSAL OF DEBRIS
L.S.
1.00
$1,000.00
$1,000.00
4
REMOVAL OF 1-1/2" COQUINA SAND
S.Y.
4,386.00
$6.00
$26,316.00
5
INSTALLATION OF 1" COQUINA SAND (Incl. material)
S.Y.
4,386.00
$11.00
Notes:
$48,246.00 Grand Total $79,062.00
1.- If occurs a missed day for any reason where QUALITY CONSTRUCTION PERFORMANCE, INC. did not have responsibility, there would be a backcharge of $2000 due to the mobilization and demobilization. 2.- M.O.T. and Police Officer are not included. 3.- Q.C., Lab and Tests costs are not included. 4.- The Quantities shown are based on the initial plan measurements. Any changes in the initial scope of work will be determined in site between BAL HARBOUR VILLAGE and QUALITY CONSTRUCTION PERFORMANCE, INC. 5.- Surveying services and As-Built are not included. 6.- Customer is responsible for any permits or fees associated with this project. 7.- Some additional conditions may be established in accordance between BAL HARBOUR VILLAGE and QUALITY CONSTRUCTION PERFORMANCE, INC. prior to commencing the job. This estimate is valid for 30 days.
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ORDINANCE NO. 2018-____ AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING SECTION 9-1 “DEFINITIONS” OF CHAPTER 9 “BUSINESS REGULATIONS AND BUSINESS TAX” TO CREATE AN EXEMPTION FROM AUTOMATIC TIP DISCLOSURE REGULATIONS FOR OCEANFRONT ACCESSORY RESTAURANTS THAT ARE ACCESSORY USES IN MULTI FAMILY RESIDENTIAL BUILDINGS THAT DO NOT SERVE THE PUBLIC; PROVIDING FOR DEFINITIONS, SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. WHEREAS, on October 24, 2017, the Village Council (“Village”) passed Ordinance No. 599, supplementing state and Miami Dade County regulations to further regulate and deter deceptive tipping practices within the Village; and WHEREAS, based on its experience with implementing the Ordinance in the OF Oceanfront District, the Village desires to narrow the scope of these regulations so that they no longer apply to accessory restaurants in multi-family residential buildings that primarily serve its residents, and not the general public; and WHEREAS, the Village intends to exempt these restaurants if they have not received Village Council approval under section 21-281(8)f to primarily serve individuals that may not be residents of the multi-family residential buildings; and WHEREAS, the Village has held the required public hearing, duly noticed in accordance with the law; and WHEREAS, the Village hereby finds and determines that this Ordinance is in the best interest of the public health, safety, and welfare. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS:
Bal Harbour Village Ordinance 2018______
1
Section 1.
Recitals Adopted. That the above stated recitals are hereby adopted
and confirmed. Section 2.
Village Code Amended.
That Article I “In General” is hereby
amended to read as follows:1 CHAPTER 9. – BUSINESS REGULATIONS AND BUSINESS TAX. ARTICLE I. – In General. Sec. 9-1. – Definitions. For the purposes of this article, the following terms shall have the ascribed meanings unless expressly stated otherwise. Automatic Tip means any Tip that is automatically generated and placed by a Public Food Service Establishment on a Bill for service issued to a customer. Bill means any receipt, writing, or other method used by a Public Food Service Establishment to indicate the amount of money it is owed by a customer in exchange for its goods and services. “Bill” shall be interpreted to include, but not be limited to, the restaurant receipt and the credit card merchant copy. Public Food Service Establishment or Establishment means any establishment defined under Florida Statutes §509.013(5)(a) as amended from time to time, excluding those restaurants in the OF Oceanfront District that are accessory uses to multi family residential buildings and have not received an exemption under Village Code Section 21-281(8)f. Tip means any gratuity or service charge associated with a Bill. * Section 3.
*
*
Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall
1
Additions to existing Village Code text are shown by underline; deletions from existing Village Code text are shown by strikethrough.
Bal Harbour Village Ordinance 2018______
2
remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4.
Inclusion in the Code. That it is the intention of the Village Council,
and it is hereby ordained that this Ordinance shall become effective and made part of the Village Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word “Ordinance” shall be changed to “Section” or other appropriate word. Section 5.
Conflict. That all sections or parts of sections of the Village Code, all
ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 6.
Effective Date. That this Ordinance shall become effective upon
adoption. PASSED AND ADOPTED on first reading this __ day of _____________, 2018. PASSED AND ADOPTED on second reading this __ day of __________, 2018. _________________________ Mayor Gabriel Groisman
ATTEST: ____________________________ Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Bal Harbour Village Ordinance 2018______
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____________________________ Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney
Bal Harbour Village Ordinance 2018______
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Sec. 21-281. - Permitted uses. No Building or land shall be used in the OF Ocean Front District and no Building shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used for any purpose, unless otherwise provided for in this chapter, except for one or more of the following uses: (1)
Multiple-Family Dwellings or apartment buildings containing not less than 24 dwelling units.
(2)
Hotels containing not less than 100 Guest Rooms.
(3)
Public and private beach areas.
(4)
Public parks and playgrounds owned and operated by the Village.
(5)
Off-street parking and loading facilities.
(6)
Cabanas, as accessory structures, constructed concurrently with or subsequent to the construction of the main Building.
(7)
Medical and dental offices including services in such offices related to medical or dental care that are performed under the supervision of medical doctors or dentists. Such medical and dental offices shall be located in buildings as defined in subsections (1) and (2) and must meet the requirements of subsection (8) a through e of this section.
(8)
Convenience establishments in multiple-family developments containing at least 100 or more dwelling units, provided their operations in multiple-family developments are for the primary use of the residents of the Building and are used only as an ancillary and Accessory Use thereto for the day-to-day convenience of the residents. These convenience establishments in multiplefamily developments are subject to the following restrictions: a.
Such convenience establishments shall be entered only from within the Principal Building.
b.
Such convenience establishments shall have no outside entrance or storefront.
c.
Such convenience establishments shall have no sign display, lighting or advertisement matter facing or visible from the western boundary of the district, or which may be facing or visible from a point on Lot 1 in the district west or south of such Hotel or multiple-family building.
d.
The total amount of floor area devoted to convenience establishments shall not exceed ten percent of the aggregate floor area of the Principal Building in which it is located.
e.
The sale, dispensing or storage of gasoline, oil, grease or automobile accessories is prohibited in this district.
f.
The Village Council may grant an exemption to a restaurant from the requirement that convenience establishments in multifamily developments be primarily for the use of residents of the building as an ancillary and accessory use after a public hearing and upon finding that: 1.
Such an exemption will not adversely affect the residents of the building;
2.
Such an exemption will not adversely affect the character of the Village; and
3.
The nature of the restaurant for which an exemption is sought is compatible with other development in the Village.
In granting such an exemption, the Council may impose such conditions as it deems appropriate. (9)
Convenience establishments in Hotels containing 100 or more Guest Rooms.
(10)
Convenience establishments in multiple-family developments shall be defined as follows: a.
Barbershops.
b.
Beauty salons.
c.
Cleaners.
d.
Mini-groceries.
e.
Restaurants.
f.
Health clubs.
g.
Travel agencies.
h.
Florists.
i.
Other similar uses as may be permitted by the Village Council, after a public hearing, provided that such uses are compatible with and do not adversely affect the residential character of the multi-family development.
The definition of convenience establishments in Hotels shall not be restricted except as provided in this Code or under Florida law. (11)
Vacation Rentals in accordance with section 21-363.
(Ord. No. 169, § 6-9(a), 6-29-74; Ord. No. 193, §§ 1—4, 7-26-77; Ord. No. 228, §§ 1, 2, 5-2681; No. 239, §§ 1, 2, 6-29-82; Ord. No. 280, § 1, 7-29-86; Ord. No. 317, § 1, 7-19-88; Ord. No. 329, § 1, 3-21-89; Ord. No. 355, § 1, 10-3-90; Ord. No. 371, § 1, 4-21-92; Ord. No. 398, § 1, 718-95; Ord. No. 549, § 6, 5-31-2011)
ORDINANCE NO. 2018 -
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES TO ADDRESS SIGNAGE BY AMENDING SECTION 2-191 “SCHEDULE OF CIVIL PENALTIES” TO CLARIFY PENALTIES FOR SIGN CODE VIOLATIONS; AMENDING SECTION 5.5-5 “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.
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WHEREAS, the Village Council of Bal Harbour Village (the “Village”) finds and
2
determines that the Village’s land development regulations are required to regulate signs
3
as provided by Section 163.3202(2)(f), Florida Statutes; and
4
WHEREAS, the Village Council does not wish to censor speech, but rather to provide
5
for the public welfare by regulating signage in the Village in a manner that enhances the
6
aesthetics of the community, reduces visual pollution, provides clear information and
7
minimizes distractions to drivers in the interests of traffic safety; and
Page 1
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WHEREAS, the Village Council desires to modify and update its regulation of signs
9
in order to respond to recent caselaw including Reed v. Town of Gilbert,___U.S.___, 135 S.
10 11 12
Ct. 2218, 192 L. Ed. 2d 236 (2015); and WHEREAS, in order to address changed and changing conditions as the Village continues to develop, the Village Council further desires to:
13 14
1. provide for the ability to apply for approval of a uniform sign program for large Business properties, and revise signage regulations in the Business zoning district,
15 16
2. provide definitions and regulations addressing the signage needs of properties within the Village,
17
3. clarify procedures for approvals, variances and related types of sign approvals,
18
4. establish new size limitations for temporary signs at building projects,
19
5. require Architectural Review Board review of certain new signs; and
20 21
WHEREAS, the Village finds and determines that the purpose and intent provisions
22
of its signage regulations should be detailed so as to further describe the beneficial
23
aesthetic, traffic safety, and other effects of the Village's sign regulations, and to reaffirm
24
that the sign regulations are concerned with the secondary effects of speech and are not
25
designed to censor speech or regulate the viewpoint of the speaker; and
26
WHEREAS, various signs that serve as signage for particular land uses are based
27
upon content-neutral criteria in recognition of the functions served by those land uses, but
28
not based upon any intent to favor any particular viewpoint or control the subject matter
29
of public discourse; and
Page 2
30
WHEREAS, the Village finds and determines that the sign regulations adopted
31
hereby allow and leave open adequate alternative means of communications, such as
32
newspaper advertising, internet advertising and communications, advertising in shoppers
33
and pamphlets, advertising in telephone books, advertising on cable television,
34
advertising on UHF and/or VHF television, advertising on AM and/or FM radio, advertising
35
on satellite radio, advertising on internet radio, advertising via direct mail, and other
36
avenues of communication available in the Village [see State v. J & J Painting, 167 N.J.
37
Super. 384, 400 A.2d 1204, 1205 (Super. Ct. App. Div. 1979); Board of Trustees of State
38
University of New York v. Fox, 492 U.S. 469, 477 (1989); Green v. City of Raleigh, 523 F.3d
39
293, 305-306 (4th Cir. 2007); Naser Jewelers v. City of Concord, 513 F.3d 27 (1st Cir. 2008);
40
Sullivan v. City of Augusta, 511 F.3d 16, 43-44 (1st Cir. 2007); La Tour v. City of Fayetteville,
41
442 F.3d 1094, 1097 (8th Cir. 2006); Reed v. Town of Gilbert, 587 F.3d 866, 980-981 (9th
42
Cir. 2009)]; and
43
WHEREAS, in Reed v. Town of Gilbert, Ariz., -U.S.-, 135 S. Ct. 2218, 2221, 192 L. Ed.
44
2d 236 (2015), the United States Supreme Court, in an opinion authored by Justice
45
Thomas, and joined in by Chief Justices Roberts, Scalia, Alito, Kennedy and Sotomayer,
46
addressed the constitutionality of a local sign ordinance that had different criteria for
47
different types of temporary noncommercial signs; and
48
WHEREAS, in Reed, Justice Alito in a concurring opinion joined in by Justices
49
Kennedy and Sotomayer pointed out that municipalities still have the power to enact and
50
enforce reasonable sign regulations; and
Page 3
51
WHEREAS, Justice Alito further noted that in addition to regulating signs put up by
52
private actors, government entities may also erect their own signs consistent with the
53
principles that allow governmental speech [see Pleasant Grove City v. Summum, 555 U.S.
54
460, 467-469 (2009)], and that government entities may put up all manner of signs to
55
promote safety, as well as directional signs and signs pointing out historic sites and scenic
56
spots; and
57
WHEREAS, Justice Alito noted that the Reed decision, properly understood, will not
58
prevent cities from regulating signs in a way that fully protects public safety and serves
59
legitimate aesthetic objectives, including rules that distinguish between on-premises and
60
off-premises signs; and
61
WHEREAS, under established Supreme Court precedent and Eleventh Circuit
62
precedent, commercial speech may be subject to greater restrictions than noncommercial
63
speech and that doctrine is true for both temporary signs as well as for permanent signs;
64
and
65
WHEREAS, the Village finds and determines that a traffic control device, as defined
66
herein, should be exempt from regulation under the Village’s regulations for signage; and
67
WHEREAS, the Village finds and determines that the regulation of signs within the
68
Village strongly contributes to the development and maintenance of a pleasing, visually
69
attractive environment, and that these sign regulations are prepared with the intent of
70
enhancing the environment and promoting the continued well-being of the Village; and
Page 4
71 72
WHEREAS, the Village finds and determines that the regulation of signage for purposes of aesthetics has long been recognized as advancing the public welfare; and
73
WHEREAS, the Village finds and determines that, as far back as 1954, the United
74
States Supreme Court recognized that "the concept of the public welfare is broad and
75
inclusive," that the values it represents are "spiritual as well as physical, aesthetic as well as
76
monetary," and that it is within the power of the legislature "to determine that the
77
community should be beautiful as well as healthy, spacious as well as clean, well balanced
78
as well as carefully patrolled" [in Berman v. Parker, 348 U.S. 26, 33 (1954)]; and
79
WHEREAS, the Village finds and determines that aesthetics is a valid basis for
80
zoning, and that the regulation of the size and appearance of signs and the prohibition of
81
certain types of signs can be based upon aesthetic grounds alone as promoting the
82
general welfare [see Merritt v. Peters, 65 So. 2d 861 (Fla. 1953); Dade County v. Gould, 99
83
So. 2d 236 (Fla. 1957); E.B. Elliott Advertising Co. v. Metropolitan Dade County, 425 F.2d
84
1141 (5th Cir. 1970), cert. dismissed, 400 U.S. 878 (1970)]; and
85
WHEREAS, the Village finds and determines that these sign regulations further the
86
character and ambiance of the Village, and reflect its commitment to maintaining and
87
improving an attractive environment; and
88
WHEREAS, the Village finds and determines that the beauty of the Village’s natural
89
and built environment has provided the foundation for the economic base of the Village’s
90
development, and that the Village’s sign regulations help create an attractive residential
91
community for its residents; and
Page 5
92
WHEREAS, the Village finds and determines that the goals, objectives and policies
93
of its plans over the years demonstrate a strong, long-term commitment to maintaining
94
and improving the Village’s attractive and visual environment; and
95
WHEREAS, the Village finds and determines that, from a planning perspective, one
96
of the most important community goals is to define and protect aesthetic resources and
97
community character; and
98
WHEREAS, the Village finds and determines that the purpose of the regulation of
99
signs as set forth in this Ordinance is to promote the public health, safety and general
100
welfare through a comprehensive system of reasonable, consistent and nondiscriminatory
101
sign standards and requirements; and
102
WHEREAS, the Village finds and determines that the sign regulations in this
103
Ordinance are intended to lessen hazardous situations, confusion and visual clutter caused
104
by proliferation, improper placement, illumination, animation and excessive height, area
105
and bulk of signs which compete for the attention of pedestrian and vehicular traffic; and
106 107
WHEREAS, the Village finds and determines that these sign regulations are intended to protect the public from the dangers of unsafe signs; and
108
WHEREAS, the Village finds and determines that these sign regulations are
109
intended to permit signs that are compatible with their surroundings and aid orientation,
110
and to preclude placement of signs in a manner that conceals or obstructs adjacent land
111
uses or signs; and
Page 6
112
WHEREAS, the Village finds and determines that these sign regulations are
113
intended to regulate signs in a manner so as to not interfere with, obstruct vision of or
114
distract motorists, bicyclists or pedestrians; and
115
WHEREAS, the Village finds and determines that these sign regulations are
116
intended to require signs to be constructed, installed and maintained in a safe and
117
satisfactory manner; and
118
WHEREAS, the Village finds and determines that in meeting the purposes and goals
119
established in these findings, it is appropriate to prohibit or to continue to prohibit certain
120
sign types; and
121
WHEREAS, the Village finds and determines that the prohibition of the construction
122
of billboards and certain other sign types, as well as the establishment and continuation of
123
height, size and other standards for on-premise signs, is consistent with the policy set forth
124
in the Florida Constitution that it shall be the policy of the state to conserve and protect its
125
scenic beauty; and
126
WHEREAS, the Village finds that local governments may separately classify off-site
127
and on-site advertising signs in taking steps to minimize visual pollution [see City of Lake
128
Wales v. Lamar Advertising Association of Lakeland Florida, 414 So. 2d 1030, 1032 (Fla.
129
1982)]; and
130
WHEREAS, the Village finds and determines that a prohibition on the erection of
131
off-site outdoor advertising signs will reduce the number of driver distractions and the
132
number of aesthetic eyesores along the roadways of the Village [see, e.g., E. B. Elliott Adv.
Page 7
133
Co. v. Metropolitan Dade County, 425 F.2d 1141, 1154 (5th Cir. 1970), cert. denied, 400
134
U.S. 878 (1970)]; and
135
WHEREAS, the Village finds and determines that in order to preserve, protect and
136
promote the safety and general welfare of the residents of the Village, it is necessary to
137
regulate off-site advertising signs, so as to prohibit the construction of off-site signs and
138
billboards in all zoning districts, and to provide that the foregoing provisions shall be
139
severable; and
140
WHEREAS, the Village hereby finds and determines that anything beside the road
141
which tends to distract the driver of a motor vehicle directly affects traffic safety, and that
142
signs, which divert the attention of the driver and occupants of motor vehicles from the
143
street to objects away from it, may reasonably be found to increase the danger of
144
accidents, and agrees with the courts that have reached the same determination [see In re
145
Opinion of the Justices, 103 N.H. 268, 169 A.2d 762 (1961); Newman Signs, Inc. v. Hjelle,
146
268 N.W.2d 741 (N.D.1978)]; and
147
WHEREAS, the Village finds and determines that the Village has allowed
148
noncommercial speech to appear wherever commercial speech appears; and the Village
149
desires to continue that practice through the specific inclusion of a substitution clause that
150
expressly allows non-commercial messages to be substituted for commercial messages;
151
and
152
WHEREAS, the Village finds and determines that, by confirming in this Ordinance
153
that noncommercial messages are allowed wherever commercial messages are permitted,
Page 8
154
the Village will continue to overcome any constitutional objection that its ordinance
155
impermissibly favors commercial speech over noncommercial speech [see Outdoor
156
Systems, Inc. v. City of Lenexa, 67 F. Supp. 2d 1231, 1236-1237 (D. Kan. 1999)]; and
157
WHEREAS, the Village finds and determines that under Florida law, whenever a
158
portion of a statute or ordinance is declared unconstitutional, the remainder of the act will
159
be permitted to stand provided (1) the unconstitutional provisions can be separated from
160
the remaining valid provisions, (2) the legislative purpose expressed in the valid provisions
161
can be accomplished independently of those which are void, (3) the good and the bad
162
features are not so inseparable in substance that it can be said that the legislative body
163
would have passed the one without the other, and (4) an act complete in itself remains after
164
the valid provisions are stricken [see, e.g., Waldrup v. Dugger, 562 So. 2d 687 (Fla. 1990)];
165
and
166
WHEREAS, the Village finds and determines that there have been several judicial
167
decisions where courts have not given full effect to severability clauses that applied to sign
168
regulations and where the courts have expressed uncertainty over whether the legislative
169
body intended that severability would apply to certain factual situations despite the
170
presumption that would ordinarily flow from the presence of a severability clause; and
171
WHEREAS, the Village finds and determines that the Village has consistently
172
adopted and enacted severability provisions in connection with its ordinance provisions,
173
and that the Village wishes to ensure that severability provisions apply to its regulations,
174
including its sign regulations; and
Page 9
175
WHEREAS, the Village finds and determines that the Code's severability clauses
176
were adopted with the intent of upholding and sustaining as much of the Village’s
177
regulations, including its sign regulations, as possible in the event that any portion thereof
178
(including any section, sentence, clause or phrase) be held invalid or unconstitutional by
179
any court of competent jurisdiction; and
180
WHEREAS, the Village finds and determines that there must be an ample record of
181
its intention that the presence of a severability clause in connection with the Village’s sign
182
regulations be applied to the maximum extent possible, even if less speech would result
183
from a determination that any provision is invalid or unconstitutional for any reason
184
whatsoever; and
185
WHEREAS, the Village finds and determines that there must be an ample record
186
that it intends that the height and size limitations on free-standing and other signs continue
187
in effect regardless of the invalidity or unconstitutionality of any, or even all other,
188
provisions of the Village’s sign regulations, other ordinance code provisions, or other laws,
189
for any reason (s) whatsoever; and
190
WHEREAS, the Village finds and determines that there must be an ample record
191
that it intends that each prohibited sign-type continue in effect regardless of the invalidity
192
or unconstitutionality of any, or even all, other provisions of the Village’s sign regulations,
193
other ordinance code provisions, or other laws, for any reason(s) whatsoever; and
194
WHEREAS, the Village Council makes the detailed findings set forth in Section 15-
195
1 of Section 6 of this Ordinance as to the purpose, scope and intent of the Village’s sign
Page 10
196
regulations, and the substantial and compelling governmental interests that are advanced
197
by these regulations; and WHEREAS, the Village Council finds and determines that this Ordinance is consistent
198 199
with all applicable policies of the Village’s adopted Comprehensive Plan; and
200
WHEREAS, the Village Council reiterates its desire that there be an ample and
201
unequivocal record of its intention that the severability clauses it has adopted related to its
202
sign regulations shall be applied to the maximum extent possible, even if less speech would
203
result from a determination that any exceptions, limitations, variances, or other sign
204
provisions are invalid or unconstitutional for any reason whatsoever; and
205
WHEREAS, the Village Council, sitting as the Local Planning Agency, has reviewed
206
this Ordinance at a duly noticed hearing on May 15, 2018, and recommended
207
_____________________; and
208
WHEREAS, the Village Council conducted a first and second reading of this
209
Ordinance at duly noticed public hearings, as required by law, and after having received
210
input from and participation by interested members of the public and staff, the Village
211
Council has determined that this Ordinance is consistent with the Village’s Comprehensive
212
Plan and in the best interest of the public health, safety and welfare. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF BAL
213 214
HARBOUR VILLAGE, FLORIDA, AS FOLLOWS 1:
1
Additions to existing Village Code text are shown by underline; deletions from existing Village Code text are shown by strikethrough. Page 11
Section 1.
215 216
Recitals Adopted. That each of the above recitals is hereby adopted
and confirmed. Section 2.
217
Village Code Amended. That Chapter 2 “Administration,” Article V
218
“Code Enforcement,” Section 2-191 “Schedule of civil penalties,” is hereby amended to
219
read as follows:
220
Sec. 2-191. - Schedule of civil penalties.
221 222 223 224 225 226
(a) The following table shows the sections of this Code, as they may be amended from time to time, and the dollar amount of civil penalty for the violation of these sections as they may be amended. Each "Description of Violations" below is for informational purposes only and is not meant to limit or define the nature of the violations or the subject matter of the listed Code sections. To determine the exact nature of the activity proscribed or required by this Code, the relevant Code section must be examined.
227
(b) The following is the schedule of civil penalties: Code section
Description of violation
* * *
* * *
Chapter 15 15-1 through 15(30) 4, 15-6 through 15-10 and 15-36 and 15-37
(39)
228
Erection or maintenance of prohibited signs in violation of the requirements of Chapter 15
* * *
* * *
17-3, 17-4
Writing or digging on, placing signs on, obstructing, or throwing trash on, public Streets or Sidewalks
* * *
* * *
Civil penalty
100.00
25.00
***
Page 12
Section 3.
229
Village Code Amended.
That Chapter 5.5 “Appearance Code,”
230
Article II “Appearance Plan,” Section 5.5-5 “Criteria for Appearance,” is hereby amended
231
to read as follows:
232
Sec. 5.5-2. - Definitions.
233
***
234 235 236
(b) The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
237
***
238 239 240
Architectural Character. The composite or aggregate of the characteristics of structure, form, materials, and function of a building, group of buildings, or other architectural composition.
241
***
242 243
Proportion shall mean relationship of parts of a building, landscape, structures or buildings to each other and to the whole; balance.
244 245
Scale shall mean harmonious relationships of the size of parts to one another and to the human figure.
246
***
247
Sec. 5.5-5. - Criteria for Appearance. 2
248 249 250 251
The purpose of the following criteria which constitutes the Appearance Plan, are to establish a checklist of those items which affect the physical aspects of the Village environment. Pertinent to appearance is the design of the site, building and structures, planting, signs, Street Hardware and miscellaneous other objects.
252 253 254
These criteria are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles which can result in creative solutions that will enable the Village to develop and maintain a satisfactory visual appearance.
255
* * *
256
(3) Signs.
257 258
a.
2
All signs shall be part of the Architectural Character. Size, color, lettering style, location and arrangement shall be harmonious with the building design, and
Not applicable to the Business zoning district of the Village. Page 13
259 260
shall be compatible with signs on adjoining buildings. Signs shall have good proportion.
261 262
b. Each sign shall have good scale in its design and in its visual relationship to buildings and surroundings.
263 264 265 266
c.
Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with design. If external spot or ground lighting is used, it shall be arranged so that the light source is shielded from direct view. * * *
267 268
Section 4.
Village Code Amended. That Chapter 6 “Buildings and Building
269
Regulations,” Article II “Permits and Inspections,” Section 6-35 “Building permit fees,” is
270
hereby amended to read as follows:
271
Sec. 6-35. - Building permit fees.
272 273
(a) Except as otherwise provided in this section, all building permit fees shall be as follows:
274
(1) The minimum permit fee shall be $150.00.
275 276 277
(2) Permit fees, including all systems, shall be charged at a rate of 2.0 percent for the first $1,000,000.00 in construction value and 1.0 percent for every dollar over $1,000,000.00 in construction value.
278 279
(b) Permit fees to be calculated in the manner provided in subsection (a) of this section shall include, but not be limited to, fees for the following types of construction:
280
* * *
281
(17)
Signs, including the following:
282
a.
283
b. Projecting signs.
284
c.
285
d. Painted wall signs.
286 287 288
e.
289
New signGround signs. Flat signs. Change or alteration of approved existing sign (a change of copy which does not require structural or electrical changes does not require a permit and need not pay a permit fee). * * *
Page 14
Section 5.
290
Village Code Amended. That Chapter 11 “Nuisances,” Article I “In
291
General,” Section 11-1 “Posting of advertising material,” is hereby renamed and amended
292
as follows:
293
Sec. 11-1. - Posting of advertising Depositing of material.
294 295 296 297
No Person within the Village shall deposit, erect, fasten or attach in any way any sign, showcard, poster or other advertising device item, object, or matter upon any public or private Property within the Village, unless legally authorized to do so by the Village or by the Owner of such Property.
298
* * * Section 6.
299
Village Code Amended. That Chapter 15 “Signs,” is hereby deleted
300
and replaced in its entirety as follows:
301
ARTICLE I. - IN GENERAL
302
Sec. 15-1. – Scope, purpose, and intent.
303
A. Scope.
304 305 306 307 308
(1)
The provisions of this chapter shall govern the number, size, location, and character of all signs which may be permitted either as a principal or accessory use under the terms of this chapter. No signs shall be permitted on a plot or parcel either as a main or accessory use except in accordance with the provisions of this chapter.
309
(2)
This chapter does not regulate the following:
310 311 312 313
(a)
Government signs on government property, including but not limited to Village signs on easements or property, including public or private easements, owned or controlled by the Village, the County or the State of Florida.
314 315 316
(b)
Wayfinding, directional, hazard, life safety, traffic control device, construction control, and similar signs authorized, required or installed by a government agency on private property;
317
(c)
Notices required to be posted by law or ordinance on private property. Page 15
318 319 320
(3)
In the event of any conflict between this chapter and any declaration of covenants, bylaws, or other restrictions applying to any property within the Village, the language affording the more restrictive interpretation shall apply.
321 322 323
(4)
The Village specifically finds that these sign regulations are narrowly tailored to achieve the compelling and substantial governmental interests of traffic safety and aesthetics, and that there is no other way for the Village to further these interests.
324
B. Purpose and intent.
325 326 327 328 329
(1)
Florida Constitution. Article II, Section 7 of the Florida Constitution provides that “[i]t shall be the policy of the state to conserve and protect its natural resources and scenic beauty. . . .” A beautiful environment preserves and enhances the desirability of the Village as a place to live and to do business. Implementing the Florida Constitution is a compelling governmental interest.
330 331 332 333 334 335 336
(2)
Florida Statutes. Florida law requires local governments to adopt comprehensive plans and implement them through land development regulations (also known as zoning regulations) and approval of development orders that are consistent with the comprehensive plan. See Part II of Chapter 163, Florida Statutes. Florida law specifically requires that the Village adopt sign regulations. See Section 163.3202(2)(f), Florida Statutes. Complying with state law is a compelling governmental interest.
337 338 339 340 341
(3)
Village Comprehensive Plan. The Village’s Comprehensive Plan requires the Village to ensure the aesthetic character of the Village and to ensure traffic safety on roads within the Village through the regulation of signs, as set forth in detail below. Implementing the Village Comprehensive Plan is a compelling governmental interest.
342
(a) Future Land Use Element
343 344 345
GOAL: Maintain the high quality built environment of Bal Harbour by ensuring that all physical development activities adhere to the Village’s Land Development Regulations.
346 347
Objective: There shall be no land uses that are inconsistent with community’s character and with future land uses:
348 349
Policy: Review construction and development plans for consistency with the goal set herein, and for conformity with the community’s standards.
350
(b) Transportation Element
Page 16
Objective IV-1: Provide for a safe and efficient motorized and non-motorized transportation system.
351 352 353 354 355 356 357 358 359
(4)
Caselaw. In accordance with the U.S. Supreme Court’s cases on sign regulation, the regulations in this chapter are not intended to regulate or censor speech based on its content or viewpoint, but rather to regulate the secondary effects of speech that may adversely affect the Village’s substantial and compelling governmental interests in preserving scenic beauty and community aesthetics, and in vehicular and pedestrian safety in conformance with the First Amendment. These cases and their holdings include, but are not limited to:
360 361
(a)
Reed v. Town of Gilbert, ___U.S.___, 135 S. Ct. 2218, 192 L. Ed. 2d 236 (2015) on the topic on noncommercial temporary signs;
362 363
(b)
Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981) on the topic of commercial signs and offpremise signs;
364 365
(c)
City of Ladue v. Gilleo, 512 U.S. 43 (1994) on the topic of political protest signs in residential areas;
366 367
(d)
Linmark Assocs., Inc. v. Township of Willingboro, 431 U.S. 85 (1977) on the topic of real estate signs in residential areas;
368 369
(e)
Burson v. Freeman, 504 U.S. 191 (1992) on the topic of election signs near polling places;
370 371
(f)
Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980) on the topic of regulation of commercial speech; and
372 373
(g)
City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984) on the topic of signs on public property.
374 375 376 377 378 379 380 381 382 383 384 385 386
(5)
Impact of sign clutter. Excessive signage and sign clutter impairs the legibility of the environment, and undermines the effectiveness of governmental signs, traffic control devices and other required signs (such as identification signs) that are essential to identifying locations for the delivery of emergency services and other compelling governmental purposes. The intent of these sign regulations is to enhance the visual environment of the Village, ensure that Village residents, visitors and emergency responders can safely navigate through the Village to their intended destinations, and promote the continued well-being of the Village. It is therefore the purpose of this chapter to promote aesthetics and the public health, safety and general welfare, and assure the adequate provision of light and air within the Village through reasonable, consistent and nondiscriminatory standards for the posting, displaying, erection, use, and maintenance of signs that are no more restrictive than necessary to achieve these governmental interests. Page 17
387 388
(6)
Specific legislative intent. More specifically, the sign regulations in this chapter are intended to:
389 390
(a)
Encourage the effective use of signs as a means of communication in the Village;
391 392
(b)
Maintain and enhance the scenic beauty of the aesthetic environment and the Village's ability to preserve sources of economic development;
393
(c)
Ensure pedestrian and traffic safety;
394 395
(d)
Minimize the possible adverse effect of signs on nearby public and private property;
396
(e)
Foster the integration of signage with architectural and landscape designs;
397 398 399 400
(f)
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height, and excessive area of signs which compete for the attention of pedestrian and vehicular traffic and are not necessary to aid in wayfinding;
401 402 403
(g)
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
404 405 406
(h)
Encourage and allow signs that are appropriate to the zoning district in which they are located, consistent with and serving the needs of the land uses, activities and functions to which they pertain;
407 408 409
(i)
Curtail the size and number of signs to the minimum reasonably necessary to identify a residential or business location, and the nature of such use, and to allow smooth navigation to these locations;
410 411 412
(j)
Establish dimensional limits and placement criteria for signs that are legible and proportional to the size of the lot and building on which the sign is to be placed, or to which it pertains;
413 414 415
(k)
Regulate signs so that they are effective in performing the function of identifying and safely directing pedestrian and vehicular traffic to a destination;
416 417
(l)
Preclude signs from conflicting with the principal permitted use of the lot and adjoining lots;
418 419
(m) Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;
Page 18
420 421 422
(n)
Except to the extent expressly preempted by state or federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
423 424
(o)
Preserve, conserve, protect, and enhance the aesthetic quality and scenic beauty of all zoning districts of the Village;
425 426 427 428 429 430 431 432
(p)
Allow for traffic control devices without regulation consistent with national standards, because they promote highway safety and efficiency by providing for the orderly movement of road users on streets and highways, and by notifying road users of regulations and providing nationally consistent warnings and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream and modes of travel, while regulating private signs to ensure that their size, location and other attributes do not impair the effectiveness of such traffic control devices;
433 434 435
(q)
Protect property values by precluding, to the maximum extent possible, signs that create a nuisance to the occupancy or use of other properties as a result of their size, height, illumination, brightness, or movement;
436 437 438
(r)
Protect property values by ensuring that the size, number and appearance of signs are in harmony with buildings, neighborhoods, structures, and conforming signs in the area;
439 440 441 442 443
(s)
Regulate the appearance and design of signs in a manner that promotes and enhances the beautification of the Village and that complements the natural surroundings in recognition of this Village's reliance on its natural surroundings and beautification efforts as a source of economic advantage as an attractive place to live, work and visit;
444
(t)
Classify and categorize signs by type;
445 446
(u)
Not regulate signs more than necessary to accomplish the compelling and substantial governmental objectives described herein;
447
(v)
Enable the fair and consistent enforcement of these sign regulations;
448 449 450
(w) Permit, regulate and encourage the use of signs with a scale, graphic character, and type of lighting compatible with buildings and uses in the area;
451 452 453 454
(x)
Establish regulations for the design, erection and maintenance of signs for the purpose of ensuring equitable access to graphic communication, while maintaining a harmonious and aesthetically pleasing visual environment within the Village, recognizing that signs form an integral part of architectural
Page 19
building and site design and require equal attention in their design, placement and construction; and
455 456
(y)
457 458 459
Be considered the maximum standards allowed for signage, and regulate signs in a permissive manner so that any sign is not allowed unless expressly permitted and not expressly prohibited.
460
Sec. 15-2. -Substitution of noncommercial speech for commercial speech.
461 462 463 464 465 466 467 468
Notwithstanding any provisions of this chapter to the contrary, to the extent that this chapter permits a sign containing commercial content, it shall permit a noncommercial sign to the same extent. The noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign’s owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this chapter.
469
Sec. 15-3. - Severability.
470 471 472 473 474
A.
Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter.
475 476 477 478 479 480
B.
Severability where less speech results. This subsection shall not be interpreted to limit the effect of subsection 15-3(A) above, or any other applicable severability provisions in the code of ordinances or any adopting ordinance. The Village Council specifically intends that severability shall be applied to these sign regulations even if the result would be to allow less speech in the Village, whether by subjecting currently exempt signs to permitting or by some other means.
481 482 483 484 485 486 487
C. Severability of provisions pertaining to prohibited signs. This subsection shall not be interpreted to limit the effect of subsection 15-3(A) above, or any other applicable severability provisions in the code of ordinances or any adopting ordinance. The Village Council specifically intends that severability shall be applied to Section 15-11 “Prohibited Signs,” so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional or invalid.
488 489
D. Severability of prohibition on off-premises signs. This subsection shall not be interpreted to limit the effect of subsection 15-3(A) above, or any other applicable Page 20
490 491 492 493 494
severability provisions in the code of ordinances or any adopting ordinance. If any or all of chapter 15 “Signs,” or any other provision of the Village Code is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the Village Council specifically intends that the declaration shall not affect the prohibition on off-premises signs in section 15-11 “Prohibited Signs”.
495
Sec. 15-4. - Definitions.
496 497 498
Terms defined. For the purposes of this chapter, the following words and phrases shall have the meanings herein set forth. Any term that is used in this chapter and not defined herein shall have the meaning given to it by section 21-1 of the Code of Ordinances:
499 500
Abandoned sign or sign structure. A sign or sign structure is considered abandoned when, for a period of one year or longer, its owner:
501 502 503 504 505
(1) fails to control or maintain a sign, and (2) does not have a pending application for a building or sign permit or an active building permit or sign permit for the sign, or (3) cannot provide evidence (work orders, invoices, parts/sign orders) of active sign repair or replacement.
506 507 508
“Failure to control or maintain a sign” shall include, but not be limited to: (i) a sign displaying advertising for a product or service that is no longer available for more than thirty days, or (ii) a sign that is blank.
509 510 511
Advertise or Advertising means any form of public announcement intended to aid directly or indirectly, in the sale, use or promotion of a commercial product, commodity, service, activity or entertainment.
512 513 514 515
Animated sign means a sign that includes action, motion, or color changes, or the optical illusion of action, motion, or color changes, including signs set in motion by movement of the atmosphere, or made up of a series of sections that turn, or emits smells or noises.
516 517 518 519 520 521
Awning sign means a sign displayed on a roof like cover, often made of fabric or glass over a metal framework, designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, door or the like. The term awning shall not be interpreted to mean a canopy, porte cochere or covered structure projecting from, and supported by a building that is integrated into the wall that supports it.
522
Balloon sign means any type of inflatable sign or sign suspended from a balloon.
Page 21
523 524 525
Banner means a sign that cannot be considered a flag, having characters, letters or illustrations, if any, applied to cloth, paper, plastic, or fabric of any kind, with only such material for backing.
526 527 528 529
Billboard means a sign mounted on a building, wall, or freestanding structure advertising a commercial establishment, activity, product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located. May also be referred to as Off-premise sign.
530 531
Building envelope means that geometric shape, designated pursuant to this Chapter, enclosing the outer surface of the buildings on a property.
532 533 534
Commercial message means any sign wording, logo, or other representation or image that directly or indirectly names, advertises, or calls attention to a product, service, sale or sales event or other commercial activity.
535 536 537 538
Construction control sign means a non-commercial temporary sign placed on an active construction site, of such size and location as authorized in a Village construction approval, as necessary to ensure safe site operation, access, ingress, egress, circulation and traffic flow during construction. A construction control sign shall contain no advertising.
539
Copy means the linguistic or graphic elements of a sign.
540 541 542 543 544
Electronic sign means any type of electronic display board, electronic message board, electronic readerboard, digital, LED, programmable ink or other sign capable of displaying words, pictures, symbols, video or images including, but not limited to, any electronic, laser, digital, or projected images display that can be changed electronically or mechanically by remote or automatic means.
545 546 547 548 549 550
Exterior facing means facing a public right-of-way, ocean or waterway, or a property that is not owned by the applicant, or if a building envelope determination has been made by the Village, a sign placed on the exterior surface of the building envelope or anywhere between the exterior face of the building envelope and the property line. A sign on a flat roof which is not visible from the nearest adjacent property line at approximately five feet above grade is not an exterior facing sign.
551 552 553
Flashing sign means a sign that contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source.
554 555 556
Footcandle means the unit of measure expressing the quantity of light received on a surface. One (1) footcandle is the illuminance produced by a candle on a surface one (1) foot square from a distance of one (1) foot.
Page 22
557 558 559
Footlambert means the centimeter gram second unit of brightness equal to the brightness of a perfectly diffused surface that radiates or reflects one (1) lumen per square centimeter.
560 561
Freestanding sign means a self-supported structure attached to the ground, and not attached or fixed in any way to a building, entrance wall feature, or any other structure.
562 563 564 565
Human sign means any sign that is worn (including costumes) or held by a human, with or without written message content, for the purpose of advertising or otherwise drawing attention to an establishment, commodity, service or event. This shall not include the wearing or modeling of clothes which may be available for purchase on the premises.
566 567
Identification sign means a sign used to identify a dwelling or its occupants. Identification signs are not used to advertise services and goods provided.
568 569 570
Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not the lights or tubes are physically attached to the sign.
571 572 573 574
Marquee sign means a sign attached to or hung from a canopy, porte cochere, or covered structure projecting from, integrated into, and supported by a building, when such canopy or covered structure extends beyond the building, building line, or property line.
575 576
Monument sign means a permanent freestanding sign with a supporting structure that is architecturally and aesthetically integrated into the overall design of the sign.
577
Noncommercial message means any message that is not a commercial message.
578 579 580 581
Off-premise sign means a sign mounted on a building, wall, or freestanding structure advertising a commercial establishment, activity, product, service or entertainment which is sold, produced, manufactured, available or furnished at a place other than on the property on which said sign is located. May also be referred to as Billboard.
582 583 584
Permanent sign means any sign that, when installed, is intended for permanent use. Where it is not otherwise specified by this chapter, any sign with an intended use in excess of ninety (90) days from the date of installation shall be deemed a permanent sign.
585 586 587 588 589
Pole sign means a permanent ground sign with a visible support structure consisting of one or two vertical poles, such that the sign face and support structure do not appear as one (1) solid monolithic appearance, or otherwise having a support structure that is not architecturally integrated into the overall design of the sign. Pole sign will not be interpreted to include a flag on a flagpole.
590 591
Portable moving sign means a sign not permanently attached to the ground or other permanent structure, and designed to be worn or carried for display by a person or
Page 23
592 593 594 595 596 597 598
transported by means of wheels. The term "portable moving sign" includes, but is not limited to: i. A human sign; or ii. A sign mounted on a bike trailer, vehicle trailer or truck bed. The term does not include: i. Those signs on a vehicle that identify its business, purpose or principal products; or ii. Such advertising devices as may be attached to or displayed on and within the normal unaltered lines of the vehicle of a licensed transit carrier, when and during that period of time such vehicle is regularly and customarily used to traverse the public highways during the normal course of business.
599 600 601
Projection sign means any beam of light or illumination, whether moving or stationary, projecting spot or search lights or that projects words or symbols or that, by motion or change in color or intensity, attracts attention to a building, business or activity.
602 603
Real estate sign means a temporary sign erected by the owner, or the owner’s agent, on real property that is for rent, sale or lease.
604 605 606 607 608
Roof sign means a sign erected over or on the roof of a building, extending above the building roof line or parapet, which is dependent upon the roof, parapet or upper walls of any building for support and which is visible from the nearest adjacent property line at approximately five feet above grade. The roof of a porte cochere is not considered a building roof.
609 610
Sandwich sign means a movable sign not secured or attached to the ground; a selfsupporting A-frame sign.
611 612 613
Service identification sign means a temporary identification sign, on a sandwich sign or attached to a podium, utilized by outdoor service providers only during times services are available to customers.
614 615 616 617 618 619 620
Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter that is used or intended to be used to attract attention or convey information. A window display shall not be considered a sign. This term shall not be interpreted to include wayfinding, directional, hazard, life safety, traffic control device, construction control, and similar signs authorized, required or installed by a government agency on private property. Only exterior facing signs, as defined herein, are regulated by this chapter.
621 622
Sign area means the square foot area enclosed by the perimeter of the sign face including any background.
623 624
Sign face means the part of the sign that is or can be used for communication purposes.
625 626 627
Snipe sign means a sign that is tacked, nailed, posted, pasted, glued, painted, or otherwise attached to trash receptacles, benches, newsracks, trees, utility poles or boxes, stakes or fences, or to other objects not intended or designed to support signs. Page 24
628 629
Temporary sign means any one of the types of signs specifically listed within these regulations as an allowed temporary sign displayed for a limited, specified amount of time.
630 631 632 633 634 635 636 637 638 639 640
Traffic control device means any device used as a traffic control device and described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administration as the National Standard and as may be revised from time to time. A traffic control device includes those signs that are classified and defined by their function as regulatory signs (that give notice of traffic or parking laws or regulations), warning signs (that give notice of a situation that might not readily be apparent or that poses a threat of serious injury (e.g., gas line, high voltage, condemned building, etc.) or that provides warning of a violation of law (e.g., no trespassing, no hunting allowed, etc.)), and guide signs (that show route designations, directions, distances, services, points of interest, and other geographical, recreational, or cultural information). These devices are not regulated as signs under this chapter.
641 642 643
Uniform sign plan means a comprehensive set of regulations and restrictions governing the location, number, type, size, height, color, and style of signs in a commercial development.
644 645 646 647 648
Vehicle sign means a sign that is temporarily or permanently affixed to a vehicle, whether parked or in transit, that is used primarily for advertising. Such a sign on a vehicle that is regularly used in the conduct of the business or endeavor advertised on the vehicle, or for the purpose of providing transportation for owners or employees of the occupancy advertised on the vehicle, shall not be considered a vehicle sign under this definition.
649
Village shall mean the Village Manager or designee unless otherwise specified.
650 651 652
Wall sign means a sign attached to, or parallel to a wall, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign face.
653 654 655 656 657 658
Window Display means a window and the clearly defined and designed interior space visible outside the building providing an ornamental and artistically designed display, exhibit or demonstration, providing a public interface and point of interest for the adjacent pedestrian. Nothing in a Window Display or on the window surface of the Window Display shall be considered a sign. Lighting of a Window Display shall not change color more than once every five minutes nor pulse, flash, strobe, or fade.
659
Sec. 15-5. - Permit required; application.
660 661
No sign shall be erected or maintained unless a permit for the erection of such sign has been granted by the Village in accordance with this chapter.
Page 25
662 663 664 665 666 667 668 669 670 671 672 673 674
A. Application procedure. Before any permit is issued, a written application, in the form provided by the Village, shall be filed, together with such drawings and specifications as may be necessary to fully advise the Village with the location, construction, materials, manner of illuminating, method of securing or fastening, the number of signs applied for, the consent of the property owner, and the wording of the sign. Upon the submission of an application, the Village shall have ten days to determine whether it is complete. If the Village finds that the application is not complete, the Village shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, the Village shall have five additional days to determine whether the applicant’s revisions are sufficient to complete the application. If they are not, the Village will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands that the application be reviewed “as is.”
675 676 677 678
(B) Code requirements. All signs shall be constructed in accordance with the Florida Building Code, including obtaining all required permits. No sign shall be approved for use unless it has been inspected and found to be in compliance with all the requirements of this chapter and applicable codes.
679 680
(C) Application review. The Village shall approve or deny the sign permit based on whether it complies with the requirements of this chapter.
681 682 683 684 685
(1) Administrative approval. Except those applications requiring approval by the Architectural Review Board as provided below, Village staff shall be responsible for reviewing all applications and, upon a finding of compliance with this chapter, issuing a sign permit. The Village shall approve or deny a sign permit requiring only administrative approval within 30 days after receipt of a complete application.
686
(2) Architectural Review Board approval.
687 688
a. The following signs shall require final approval by the Architectural Review Board (ARB).
689
1. Any sign that includes a logo; and
690 691
2. Any sign facing Collins Avenue/Bal Harbour Boulevard or Harding Avenue, which includes:
692
i.
A letter height greater than 12 inches; or
693
ii. The use of a color other than any shade of black, white, silver or grey.
Page 26
694 695 696 697 698
b. Upon finding a sign permit application complete, the application shall be scheduled for the next scheduled ARB meeting that is at least 21 days following the determination of completeness. The ARB will approve or deny the sign permit at the meeting at which it reviews the application, unless the applicant requests a deferral of the review of the application.
699 700 701 702 703 704 705 706 707 708 709 710
(3) Denial by administration or ARB. If a sign permit application is denied by the administration or the ARB, the Village shall prepare a written notice of its decision, describing the reason for the denial and the applicant’s appeal rights, and send it by certified mail, return receipt requested, to the applicant. The applicant may file a written notice of appeal to the Village Council within 30 days after the date of receipt of the Village’s written notice. The Village Council shall hold a public hearing at the next available Council meeting that is at least 25 days after the date of receiving the written notice of appeal, at which the Village Council shall determine whether the application satisfies all Code requirements, unless the applicant requests a deferral of the appeal hearing. If the Village Council denies the appeal, then the applicant may seek relief in the Circuit Court for Miami Dade County, as provided by law.
711 712 713 714 715 716
(D) Failure to commence. Each sign permit issued by the Village shall become null and void if installation is not commenced within 90 days from the issuance date of such permit. If no work authorized by such permit takes place for any continuous 90-day period any time after the work has commenced, a new sign permit shall be required prior to resuming the work, and the fee will be the full amount required for a new sign permit for such work.
717 718 719 720 721 722 723
Sec. 15-6. – Signs and activities not requiring a sign permit.
724
B. Changing the copy of a sign where no structural or electrical changes are made.
725 726 727
C. Cleaning, or other normal maintenance and general repairs of a sign that does not involve structural or electrical changes. This exemption does not include installing a new wall sign, which requires a sign permit.
728 729 730
D. To the extent that this subsection allows a sign displaying commercial content to be exempt from permitting, it shall allow a sign with the same size, length of display, appearance, location, display area, and other physical characteristics to be exempt
The following signs and activities are exempt from the requirement to obtain a sign permit. All signs shall comply with the standards of this chapter, as applicable, and with any other applicable laws. A. Any temporary sign consistent with the requirements of this chapter.
Page 27
731
from permitting if it displays noncommercial content.
732
Sec. 15-7. - Fees.
733 734
Fees for any permit or approval pursuant to this chapter shall be established by resolution of the Village Council.
735
Sec. 15-8. – Sign variances.
736 737 738
It is recognized that the regulations provided herein cannot address all situations pertaining to signs. The Village Council is therefore empowered to grant sign variances permitting the erection of signs not in strict conformity with this chapter as provided below:
739 740 741 742 743 744 745 746 747 748 749 750 751
(A) Application procedure. A written application for a sign variance, in the form provided by the Village, shall be filed, together with a complete sign application and shall include a detailed description of the variance request and such drawings and specifications as may be necessary to fully advise the Village of the type and degree of variance from the code requirements requested. Upon the submission of an application, the Village shall have ten days to determine whether it is complete. If the Village finds that the application is not complete, the Village shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, the Village shall have five additional days to determine whether the applicant’s revisions are sufficient to complete the application. If they are not, the Village will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands that the application be reviewed “as is.”
752 753 754 755 756 757 758 759 760 761
(B) Application review. The Village Council shall hold a public hearing at the next available Council meeting that is at least 25 days after the date of receiving the completed variance application, at which the Village Council shall determine whether the application satisfies the criteria of this section, unless the applicant requests a deferral of the hearing. The hearing shall be noticed pursuant to section 21-51. If the Village Council does not approve the variance, the Village shall prepare a written notice of its decision, describing the applicant’s appeal rights, and send it by certified mail, return receipt requested, to the applicant. Upon denial of a sign variance application, the applicant may seek relief in the Circuit Court for Miami Dade County, as provided by law.
762 763
(C) Approval criteria. A sign variance may be granted by the Village Council where the Village Council determines:
764
(1) the literal enforcement of this chapter would be deemed inequitable, and
Page 28
765 766
(2) the size, location, and style of the proposed sign is compatible with the building or location where it is to be placed and the surrounding development, and
767 768
(3) the variance will result in a sign that advances the purposes and intent of this chapter.
769
Sec. 15-9. – General Requirements.
770 771 772 773 774 775 776 777
A. Signs and activities subject to Florida Building Code. Certain signs and activities are subject to the Florida Building Code. The Village’s Building Official has the authority to determine which signs and activities are subject to the Florida Building Code. The construction, alteration, repair, or maintenance of all signs shall conform to the provisions established by the Florida Building Code. This includes mechanical and electrical components, as well as structural components subject to wind load standards. The Sign Permit is a zoning approval that is separate from, and shall be obtained prior to any required building permit.
778 779 780 781 782 783
B. Compliance with chapter and development agreements. No sign of any sort shall be erected or maintained in the Village unless the provisions of this chapter are met. Signs subject to a development agreement shall comply with any applicable development standards in such development agreement. To the extent a development agreement is silent, signs shall comply with any provisions of this chapter that are not in conflict with the development agreement.
784 785 786
C. Permission required. No person within the Village shall erect, fasten or attach or cause to be erected, fastened or attached in any way any sign upon any private property within the Village, unless legally authorized to do so by the owner of such property.
787
D. Design.
788 789 790 791
(1)
Sign face elements. A sign face may consist only of letters, numbers, punctuation symbols, and where specifically allowed by this chapter, a registered trademark or logo proportionate in size to the lettering but not to exceed 25% of the sign face.
792 793 794
(2)
Design requirements. All signs which are not approved as part of a Village approved uniform sign plan or development agreement, and are not in the Business (B) zoning district, shall comply with section 5.5-5(3).
795 796
(3)
Sign Type. Only those sign types identified as permitted for an individual zoning district are allowed in that zoning district.
Page 29
797 798 799 800
E. Sign maintenance. Every sign, together with its framework, braces, angles, or other supports shall be maintained in a safe condition, properly secured, supported and braced to withstand wind pressure as required by the Florida Building Code or any other applicable regulatory code or ordinance in effect within the Village limits.
801
F. Location.
802 803 804 805
(1)
No sign or support shall be placed in such position or manner as to obstruct or interfere, either physically or visually, with any traffic control device, traffic circulation (pedestrian or vehicular), any fire alarm, police alarm, traffic signal or sign or any devices maintained by or under public authority.
806 807
(2)
No sign over a walkway shall have a vertical clearance of less than eight (8) feet in height as measured from the bottom of the sign to the walkway.
808
(3)
No sign shall be located within a sight visibility triangle.
809 810
(4)
No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
811 812
(5)
No sign shall be attached in any form, shape or manner that will interfere with any opening required for ventilation.
813 814
(6)
No sign shall be erected on Village property, in a public right-of-way or in a private or public easement.
815 816 817 818
G. Sign removal. A sign advertising a discontinued or closed business, or a business without a business tax receipt, is prohibited, and shall be removed within 30 days of the closure of said business or expiration of business tax receipt. The sign structure may remain in place as long as it is not abandoned, as defined herein.
819 820 821 822 823 824 825 826 827 828
H. Status of Existing Signs. Every permanent sign that exists in the Village as of _________________ (effective date of new sign code ordinance) is hereby deemed legal and in conformance with the standards of this chapter. Such signs, if destroyed or damaged as a result of actions beyond the control of the sign owner, may be repaired or reconstructed in the same form so long as a building permit is obtained if one is required, and all requirements of all other state or local building codes are met. When a property owner proposes to erect a new sign, or replace an existing sign with a new sign, the new sign shall conform to the standards of this chapter. Changes in the content of a sign shall not trigger compliance with this chapter unless they involve changes to the size or type of sign.
829
Sec. 15-10. - Removal of illegal signs.
Page 30
830 831 832 833
A. Generally. The Village may remove or cause to be removed any and all signs constructed or maintained in violation of any of the provisions of this chapter, and may assess the cost of such removal against the owner of the land upon which any such illegal sign is located.
834 835 836 837 838 839
B. Signs on public property. Any sign found posted or otherwise affixed upon any public property shall be removed by the Village and, if the sign is of more than negligible value, it will be stored up to thirty (30) days. The sign(s) will be discarded if not timely claimed by the owner. The person responsible for posting the sign(s) shall be liable for the cost incurred in the removal and storage thereof, and the Village may seek reimbursement for that cost.
840
Sec. 15-11. - Prohibited signs.
841
The following types of signs are expressly prohibited within the Village:
842 843
(a) Any sign not listed elsewhere in these regulations as an exempt, permitted or temporary sign, or provided for in an approved uniform sign plan;
844 845
(b) Any sign that does not meet the design, material and fabrication requirements of this chapter or provided in an approved uniform sign plan;
846
(c) Abandoned signs;
847
(d) Flashing signs;
848
(e) Billboards/off-premises signs;
849
(f) Signs placed on any portion of the public beach;
850
(g) Signs that produce or emit any type of sound or odor;
851 852
(h) Signs that could possibly be mistaken as traffic control devices thereby creating a safety hazard;
853
(i)
Signs, excluding neon, with unshielded lighting elements;
854
(j)
Snipe signs;
855 856
(k) Signs placed upon Village or public property or right-of-way or any public or private easement;
857
(l)
858 859
(m) Signs posted without the authorization of the owner or tenant of the property on which they are located.
Vehicle signs;
860
Sec. 15-12. – Permanent signs on single-family residential property.
861 862
On single-family residential property, unless otherwise authorized by law, no permanent sign shall be displayed except for the following:
Page 31
Single Family and Private Club Districts (R-1, R-2, PC) PERMANENT SIGN TYPE OR USE Identification Sign
SETBACK SIZE
NUMBER
ILLUMINATION
SPACING 100 square inches
100 square inches
MAXIMUM HEIGHT
SPECIAL CONDITIONS
1
N/A
Not permitted
2 feet
N/A
2
Set back 10 feet
Not permitted
5 feet
Must be visible from a public right-of-way or a private easement which is used for access to or from adjoining properties.
N/A
N/A
Not permitted
42 inches
N/A
Statuary/Sculpture/ Address Marker
Noncommercial Sign
AND
863 864
Sec. 15-13. – Permanent signs in multiple family districts.
865 866
A. Districts West of Collins Avenue. Only the following permanent signs are permitted on properties located in multi-family districts west of Collins Avenue: Multiple-Family West of Collins (RM-1, RM-2, RM-3, RM-4, RM-5) Permanent Sign Type or Use Wall Sign
Maximum Height
Size
Number
Location
Illumination
12 square feet
1
Set back 10 feet
Indirect floodlighting, not exceeding 200 watts
2 feet
N/A
Set back 10 feet
Not permitted
2 feet
Noncommercial 4 Sign square feet 867
Page 32
868 869 870
B. Districts East of Collins Avenue. Signs placed inside a designated building envelope are not subject to this section. Only the following exterior facing permanent signs are permitted on properties located in multi-family districts east of Collins Avenue: Multiple-Family East of Collins (OF, PD)
Permanent Sign Type or Use
Wall Sign
Size
Governed by letter size
Number Location
1
Wall
Illumination
See Section 1514.C.
Maximum Height
Shall not extend above roofline or parapet
Maximum Letter Size (In Inches)
At or near ground level 12 At or near first-story level 19 At or near second-story level 24 At or near third-story level 30 At or near sixth-story level 36 At or near ninth-story level 48 At or near twelfth-story level 60 At or near fourteenth-story level 72 The initial letter of each word in the sign may be larger than the permitted size for the rest of the letters in that word, but may not be larger than twice their size.
Noncommercia l Sign
4 square feet
N/A
Set back 10 feet
Not permitted
2 feet
N/A
871
Sec. 15-14. - Business District.
872 873
A. Only the following exterior facing permanent signs are permitted on properties located in the business district that are not required to have a uniform sign plan:
Page 33
Business District All Properties Less than 10 Acres in Size Sign Type or Use
Size
Number Location
Illumination
Maximum Height
Maximum Letter Size (In Inches) N/A
Monument Sign, including 1 logo
72 sq.ft.
1
Set back 10 feet
See Section 15-14.C.
10 ft.
Wall Sign
Governed by letter size
1 per building or if the building contains more than 1 store, 1 per store unit
Wall
See Section 15-14.C.
Shall not extend above roofline or parapet
N/A
Set back 10 feet
Noncommercial Sign
4 square feet
At or near ground level 12 At or near first-story level 19 At or near second-story level 24 At or near third-story level 30 The initial letter of each word in the sign may be larger than the permitted size for the rest of the letters in that word, but may not be larger than twice their size.
Not permitted
2 feet
874
Business District All Properties 10 Acres in Size or Greater Sign Type or Use
Size
Number Location
Awning
N/A
Up to 2 per awning provided no more than 1 per side
N/A
Illumination Not permitted
Maximum Height
Maximum Letter Size (In Inches)
N/A
4
Page 34
Business District All Properties 10 Acres in Size or Greater Sign Type or Use
Size
Number Location
Illumination
Marquee
N/A
Up to 2 per canopy or porte cochere, provided no more than 1 per side
N/A
Monument Sign, including 1 logo
72 sq.ft.
6
Wall Sign
Governed by 1 per building, letter size or if the building contains more than 1 store unit, 1 per per building façade of the store
Maximum Height
Maximum Letter Size (In Inches)
See Section 15-14.C.
N/A
10
Set back 10 feet, unless otherwise located pursuant to a developm ent agreement , and if applicable, right-ofway license
See Section 15-14.C.
15 ft.
N/A
Wall
See Section 15-14.C.
Shall not extend above roofline or parapet. No sign which faces Park Road , regardless of the presence of an
At or near ground level 12 At or near first-story level 19 At or near second-story level 24 At or near third-story level 30 The initial letter of each word in the sign may be larger than the permitted size for the rest of the letters in that word, but may not be larger than twice their size.
Page 35
Business District All Properties 10 Acres in Size or Greater Sign Type or Use
Size
Number Location
Illumination
unit with a pedestria n entrance
Governed by Each store unit letter size (additional for larger large stores than only) 10,000 sq.ft. may have 1 additional sign per building facade of the store unit with a pedestria n entrance Wall Sign
Pole Sign
252 sq. ft.
1
Maximum Height
Maximum Letter Size (In Inches)
intervening wall or vegetation, may be located more than 15 ft. above ground level Wall
See Section 15-14.C.
Shall not extend above roofline or parapet. No sign which faces Park Road, regardless of the presence of an intervening wall or vegetation, may be located more than 15 ft. above ground level
Set back 10 feet or as provided in a developm
See Section 15-14.C.
35 ft.
96” (8 feet)
Page 36
Business District All Properties 10 Acres in Size or Greater Sign Type or Use
Size
Number Location
Illumination
Maximum Height
Maximum Letter Size (In Inches)
8
ent agreement Blade sign
Governed by letter size
2 per building facade of the store unit with a pedestria n entrance
Wall
Not permitted
N/A
Noncommercial Sign
4 square feet
N/A
Set back 10 feet
Not permitted
2 feet
875 876 877
B. Designation of Building Envelope. A property owner may request, and the Village Building Official shall designate, a building envelope for any property.
878 879 880
(1) The building envelope may be designated based on a site sketch, existing site survey or an existing site plan. A building envelope may also be designated as part of a site plan application.
881 882 883
(2) The property owner shall submit a written request, with a proposed building envelope, to the building official, together with the appropriate fee. The following shall be considered in the development of a building envelope:
884 885 886 887 888
(a) The building envelope shall be a geometric shape which encloses all the outer walls of the primary buildings on a property. For purposes of this subsection, outer walls are those walls facing an open ground floor parking area, onsite, uncovered perimeter drive, or a public right-of-way, regardless of whether the right-of-way is visible.
Page 37
889 890 891
(b) A building envelope shall be drawn to enclose permanent canopies, porte cocheres, or awnings that are an integral part of a primary structure as part of the building envelope for the floor below such structures.
892 893
(c) A building envelope shall be drawn and deemed to be continuous even if interrupted by a path, drive or road.
894
(d) The building envelope may be different for each story.
895 896 897 898 899 900
(3) The Building Official shall review the application and proposed building envelope for compliance with this section and shall in his or her sole discretion, approve, approve with modification or deny the building envelope. Upon designation of a building envelope by the Building Official, the designated building envelope shall remain on file with the Village, and shall control for purposes of evaluating exterior facing sign determinations.
901 902
(4) Appeal of the Building Official’s Building Envelope Designation may be made to the Village Council pursuant to Section 21-33.
903 904 905 906 907 908 909 910
C. Illumination. (1)
(2)
Except as otherwise provided in this section, all illuminated signs or illumination in show windows, display windows or window displays in or upon any building or structure shall have the source of light concealed from view from the exterior of the building or structure. Where channel letters or figures are used for any sign, the illumination thereof may be visible if recessed within the depth of the channel.
Sec. 15-15. – Temporary signs. Temporary Signs Permitted Sign Type or Use Real Estate Sign
Total Sign Area 66 square inches
Location
Set back 10 feet
Illumination
Maximum Height
Not 42 inches permitted
SF
All Other Districts
Special Conditions
1
1
May be placed when the property is listed or advertised for sale or lease. Shall be removed
Page 38
Temporary Signs Permitted Sign Type or Use
Total Sign Area
Location
Illumination
Maximum Height
SF
All Other Districts
Special Conditions
within 7 days of closing, leasing or removal of the property from the market. Permitted in all zoning districts. Set back ½ Sign during 616 Not the construction square permitted distance inches between the property line and the building setback line or on the approved constructio n fence with an approved building permit
Five feet
N/A
1
May be placed after the issuance of a building permit. Must be removed within 7 days of issuance of certificate of occupancy or expiration of building permit. Not allowed in Single Family.
Service 616 Identificatio square n inches
Five feet
N/A
2
Only during availability of outdoor service
N/A
Not permitted
Page 39
Temporary Signs Permitted Sign Type or Use
Total Sign Area
Location
Illumination
Non616 Setback 10 Not commercial square feet permitted sign inches
Maximum Height Five feet
SF
All Other Districts
Special Conditions
1
1
Maximum duration – 90 days. Permitted in all zoning districts.
911 912
Sec. 15-16. Uniform sign plan.
913 914 915 916 917 918 919 920 921 922 923
For any integrated multi-tenant commercial development greater than 10 acres in size and governed by a development agreement approved by the Village Council, a uniform sign plan shall be established for all Exterior Facing permanent and temporary signs, as defined by this Chapter, and approved by the Village Council to ensure the compatibility of sign types, locations, sizes, colors and lettering styles, architectural and visual compatibility, acceptability, attractiveness, and cohesiveness and to protect and stabilize the general appearance and compatibility of the Village. All uniform sign programs require Architectural Review Board (ARB) recommendation and Village Council approval prior to redevelopment of customer service area or construction of new customer service area pursuant to the development agreement. Decisions on uniform sign plans shall not be based on the content of the proposed message.
924 925 926 927 928 929 930 931 932 933
(A) Uniform sign plan application. In addition to other information required to be provided in the sign permit application, the applicant shall submit two copies of a uniform sign plan for the site which contains the following information: (1) A plan of the site, drawn to scale, which shows the locations of buildings, parking lots, driveways, landscaped areas, adjoining streets and avenues, and the locations of all existing and proposed signs, including but not limited to signs exempt from permitting requirements; (2) Plans, elevations and details as needed to demonstrate that signs shall be integrated into a coherent design throughout the site and compatible with the architectural design of the development.
Page 40
934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 968 969 970 971 972
(3) The location and type of ground signage relative to other ground signs, landscape features, pedestrian ways, and sidewalks, shown on the fully dimensioned site plan, drawn to scale. (4) Building elevations showing the intended and permitted locations of each sign type, and depicting the relationship between the various types of signs. This shall include wall signage for the identification of buildings, the development, and individual establishments, as applicable, and building or bay addresses. (5) Site plan or elevations that demonstrate how the proposed signage and sightlines will relate to existing and proposed landscaping when mature. (6) Detailed standards to ensure the compatibility of design elements including but not limited to lettering styles, sizes and colors, and sign type and shape, location and placement. (7) Demonstration of a uniform plan for the signs with respect to the location and dimensions, materials, method and intensities of illumination and, for wall signs, the method of attachment. (B) Application procedure. Upon the submission of an application, the Village shall have ten days to determine whether it is complete. If the Village finds that the application is not complete, the Village shall provide the applicant with written notice of the deficiencies within the ten-day period. Upon resubmission of the application, the Village shall have five additional days to determine whether the applicant’s revisions are sufficient to complete the application. If they are not, the Village will again inform the applicant of any remaining deficiencies in writing. This process shall continue until the applicant has submitted a complete application, or demands that the application be reviewed “as is.” (C) Uniform sign plan review. (1) Upon finding a uniform sign plan permit application complete, the application shall be scheduled for ARB review. The ARB will recommend approval or denial of the uniform sign plan at the meeting at which it reviews the application, unless the applicant requests a deferral of the review of the application. (2) The Village Council shall hold a public hearing on the uniform sign plan after receiving the recommendation of the ARB, and determine whether the application satisfies the criteria of this section. The hearing shall be noticed pursuant to section 21-52. If the Village Council does not approve the uniform sign plan, the Village shall prepare a written notice of its decision, describing the applicant’s appeal rights, and send it by certified mail, return receipt requested, to the applicant. Upon denial of a uniform
Page 41
973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011
sign plan application the applicant may seek relief in the Circuit Court for Miami Dade County, as provided by law. (D) Uniform sign plan approval. (1) The proposed uniform sign program may include any type of sign that is not prohibited by this chapter.
(2) The Village Council may approve a uniform sign plan application, provided the uniform sign plan demonstrates: a. Compliance with this chapter; b. Compatibility with the surrounding neighborhood; c. Internal consistency, proportionality and compatibility; and d. An integrated plan providing a quality, aesthetically appealing appearance and unity of composition. (3) The Village Council, during review and approval of a uniform sign plan, may, as part of that plan, approve variations from the requirements of this chapter provided that: a. Exterior Facing Sign types prohibited by this chapter shall not be permitted; b. No signs which vary from the provisions of this chapter will be visible from the residential single family or multifamily zoning districts west of Collins Avenue; and c. The variations are necessary to create a stimulating, dynamic and effective sign program which remains sensitive to the community and aesthetic environment of the Village. (E) Uniform sign plan implementation. Once the Village Council approves a uniform sign plan, all applications for sign permits under the uniform sign plan shall be reviewed by the Village Manager or his designee and approved upon a finding that the application is consistent with the approved uniform sign plan. Should an application for a particular sign propose any deviation from the uniform sign plan, the deviation shall be reviewed and approved by the Village Council before the sign permit may be approved following the regular sign permit review process. Deviations necessary to accommodate a federally registered trademark shall not require additional approvals from the Village, provided that such signs comply with all other requirements of the approved uniform sign program. (F) Amendments to an approved uniform sign plan. Amendments to an approved uniform sign plan shall be processed in the same manner as a new uniform sign plan.
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1012 1013
ARTICLE I. - IN GENERAL
1014
Sec. 15-1. - Compliance with chapter.
1015 1016
No sign of any sort shall be erected or maintained in the Village unless the provisions of this chapter are first complied with.
1017 1018 1019 1020 1021 1022 1023
The term "sign" as used in this chapter means any structure and all parts composing the same, together with the frame, background or support therefor, that is used for identification, advertising, informational or display purposes or any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes in a permanent or temporary nature. Merchandise, vehicles or equipment used as an attention attracter or advertising device, with or without a printed message, shall be considered a sign.
1024
Sec. 15-2. - Permit required; application.
1025 1026 1027 1028 1029
No sign shall be erected or maintained unless a permit for the erection of such sign has been granted by the Village Council. No permit shall be issued until an application for the erection of the proposed sign has been made to the Village Manager. The Village Manager shall prescribe the form of the application, which shall, among other things, require that the applicant show the size, form, content and proposed location of such sign.
1030
Sec. 15-3. - Fees.
1031 1032 1033 1034
A fee of $2.00 shall be paid for each sign requiring a sign erector; provided, however, that no fee shall be required for the taking down and rehanging of signs where there has been no change of any kind in the method of supporting, framework, copy, and the like. A fee of $1.00 shall be paid for each sign applied by a signwriter.
1035
Sec. 15-4. - Variances.
1036 1037 1038
In special cases where the literal enforcement of this chapter would be deemed inequitable, the Village Council may grant variances permitting the erection of signs not in strict conformity with this chapter.
1039
Sec. 15-5. - Removal of nonconforming signs.
1040 1041 1042 1043
Authority is hereby given to the Village Manager to remove or cause to be removed any and all signs constructed or maintained in the Village in violation of any of the provisions of this chapter and to assess the cost of such removal against the Owner of the land upon which any such nonconforming sign is located.
1044
Sec. 15-6. - Billboards prohibited.
1045 1046
The erection or maintenance of billboards is prohibited. Sec. 15-7. - Erection of traffic and parking control signs.
Page 43
1047 1048 1049
No signs which are designed to control traffic flow or vehicle parking, including the painting of curbs or Streets, shall be erected or displayed unless permission is first obtained in Writing from the Village Manager.
1050
Sec. 15-8. - Signs on unimproved Property.
1051 1052 1053
Signs on unimproved Property shall not be of a greater surface area than 66 square inches, and the top of the sign shall not be more than five feet above the ground. Such signs shall not be lighted in any manner.
1054
Sec. 15-9. - Signs on improved single-family residential Property.
1055 1056
On improved single-family residential Property, unless otherwise authorized by law, no sign shall be displayed except for the following:
1057 1058 1059 1060 1061
(1) A sign indicating that the premises on which the sign is erected is for sale or for rent. Such sign shall not exceed a maximum surface area of 66 square inches, shall not exceed 42 inches in height from the top of the sign to the ground, shall not be lighted in any manner, and shall not be located more than ten feet from the building on the premises.
1062 1063 1064 1065
(2) An address marker containing street address numbers, name of street and name of resident only. The marker shall not exceed 100 square inches in surface area, shall not exceed two feet in height from the top of the sign to the ground, and must be located entirely within the private Property, outside of any easement area.
1066 1067 1068 1069 1070 1071 1072 1073
(3) A sign consisting of any statuary, sculpture molding, casting or other objects used for identification, informational, advertising or display purposes. Not more than two such signs shall be displayed at a point on the Property visible from any public right-of-way or visible from any private easement which is used for access to or from adjoining properties. The sign shall not exceed a height of five (5) feet from the top of the sign to the ground, and must be located entirely within the private Property, outside of any easement area, and not closer to any Property line than ten (10) feet.
1074 1075 1076
This shall not prohibit temporary holiday decorations, provided they carry no advertising matter, and further provided that they are not in place more than 45 days and are removed 14 days after the holiday ends.
1077
Sec. 15-10. - Signs at building projects.
1078 1079 1080 1081 1082 1083 1084 1085
One sign may be displayed on the premises on which a building is in the process of being constructed. On such sign, there may be displayed the name of the architect, contractor and other Persons performing labor or supplying materials to the work. Such sign shall not be located nearer the Property line than one-half the distance between the Property line and the building setback line, and must be removed before a certificate of occupancy is issued for the building. A building project sign shall not be more than 32 square feet in area (4' × 8'). The top of such signs shall not be more than five feet above the lot grade. Sign colors shall be in accordance with those architectural guidelines found
Page 44
1086 1087
in subsection 5.5-5(3). Notwithstanding the above, no building project sign shall be permitted in the Single Family Residential Districts (R-1 and R-2).
1088
Secs. 15-11—15-35. - Reserved.
1089
ARTICLE II. - DISTRICT REGULATIONS
1090
Sec. 15-36. - Multiple Family Districts.
1091 1092 1093 1094 1095 1096
(a) Districts west of Collins Avenue. In Multiple Family Districts lying west of Collins Avenue (Bal Harbour Boulevard) signs may not be attached to a building. Signs in these districts shall not exceed an area 12 square feet in size and may not contain written matter other than the name of the establishment, except that the words "vacancy" or "no vacancy," with suitable provisions for detachment, may be added. Such signs shall not be lighted, except indirectly by floodlights with bulbs not exceeding 200 watts.
1097
(b) Districts east of Collins Avenue.
1098 1099 1100 1101 1102 1103
(1) In the Multiple Family District lying east of Collins Avenue (Bal Harbour Boulevard) signs must be flat and shall be erected on the outside wall of the building. Such signs shall be attached by means of lag screws and shields or through bolts and shall be anchored on poured concrete or steel mounting. No wood plugs shall be used. Lag screws and bolts shall be galvanized and shall be not less than four inches in masonry materials.
1104
(2) The size of letters in such flat signs shall conform to the following schedule: Maximum Size (inches)
1105 1106
a.
At or near ground level .....12
1107
b. At or near first-story level .....19
1108
c.
1109
d. At or near third-story level .....30
1110
e.
At or near sixth-story level .....36
1111
f.
At or near ninth-story level .....48
1112
g. At or near twelfth-story level .....60
1113
h.
1114 1115 1116
The initial letter of each word in the sign may be larger than the rest of the letters in that word, but may not exceed the size of such letters by more than twice their size.
At or near second-story level .....24
At or near fourteenth-story level .....72
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1117 1118
(3) No part of any sign shall extend above the top of the parapet or roof line of any building.
1119 1120
(4) All such signs shall contain letters and numbers only and shall not include decorative material.
1121 1122 1123 1124 1125 1126 1127
(5) Roof signs, pole signs and marquee signs are prohibited; however, entrance signs designating the entrance driveway of each building in this district may be erected, not to exceed 600 square inches in size, which may also contain the name of the establishment and the street address. Such signs shall not be lighted, except indirectly by floodlights with bulbs not exceeding 200 watts, and in no event shall the top of such signs be erected over 48 inches above the driveway at the intersection with the Sidewalk.
1128
Sec. 15-37. - Business District.
1129 1130 1131 1132
(a) In the Business District, the size of letters on all signs, unless otherwise provided in this section, shall conform to those outlined in section 15-36. Letters for wall signs or any sign visible from the exterior of the building, that is, on the walls, plate glass or other materials, shall be in proportion to the existing space.
1133 1134 1135
(b) No signs may be displayed except in connection with the advertisement of the particular building or Property on which the sign is located or of some merchandise or service dispensed or rendered on the same premises on which the sign is located.
1136 1137
(c) No sign or any part thereof shall extend above the top of the parapet or roof line of any building or structure.
1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148
(d) Except as otherwise provided in this section, all illuminated signs or illumination in show windows, display windows or displays in or upon any building or structure shall have the source of light concealed from view from the exterior of the building or structure. Where channel letters or figures are used for any sign, the illumination thereof may be visible if recessed within the depth of the channel. Intensities of illumination shall be approved by the Electrical Inspector of the Village in all cases, before issuance of the sign permit. Hanging exposed neon tubing signs will be permitted on the inside of glass show windows, provided that the size of the signs does exceed ten percent of the total glass area where the signs occur, or 600 square inches, whichever is less. All such signs located within a distance of five feet from any glass show window shall be subject to the regulations set out in this subsection.
1149 1150 1151 1152
(e) No more than one sign naming or advertising the trade name, trademark or manufacturer of any product sold or handled therein shall be installed or affixed to or painted upon any one-story building or, in case a store building contains more than one store unit, upon any one-store unit.
1153 1154
(f) Signs may be painted upon awnings or awning valances subject to the provisions of this chapter and upon the following conditions:
1155 1156
(1) Such signs shall be limited to the name of the Owner or the trade name of the business and the street number of the building. The business name or Owner's
Page 46
1157 1158 1159
name shall appear not more than once on any one side valance or front valance of any awning, but the street numbers may be placed before and after each statement of the business name or Owner's name.
1160 1161
(2) All lettering of such signs shall be placed thereon in one line and the letters or numerals shall not in any case exceed four inches in height.
1162 1163 1164 1165
(3) Marks or insignia constituting or forming a decorative motif shall be permissible above the valance on any awnings, provided that such decorative motifs shall not include trademarks, lettering, printing or signs of any kind, but shall be limited strictly to a decorative motif.
1166 1167
Section 7.
Village Code Amended. That Chapter 17 “Streets, Sidewalks and
1168
Other Public Places,” Article I “In General,” Section 17-3 “Writing on, digging in Street,
1169
Sidewalk; placement of signs, banners,” is hereby renamed and amended as follows:
1170
Sec. 17-3. - Writing on, digging in Street, Sidewalk; placement of signs, banners.
1171 1172 1173
It shall be unlawful to write on, print on or paint on, or dig in a public Street or Sidewalk, or place any sign or banner thereon or thereover, without the permission of the Village Manager. *
1174 1175
Section 8.
*
*
Severability. That the provisions of this Ordinance are declared to be
1176
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
1177
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
1178
of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall
1179
remain in effect, it being the legislative intent that this Ordinance shall stand
1180
notwithstanding the invalidity of any part.
1181
Section 9.
Inclusion in the Code. That it is the intention of the Village Council,
1182
and it is hereby ordained that this Ordinance shall become and made part of the Village
1183
Code; that the sections of this Ordinance may be renumbered or relettered to accomplish
Page 47
1184
such intention; and that the word “Ordinance” shall be changed to “Section” or other
1185
appropriate word.
1186
Section 10.
Conflict. That all sections or parts of sections of the Village Code, all
1187
ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with
1188
this Ordinance are repealed to the extent of such conflict.
1189 1190
Section 11.
Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
1191
PASSED AND ADOPTED on first reading this __ day of ________________, 2018.
1192
PASSED AND ADOPTED on second reading this __ day of ________________, 2018.
1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210
___________________________________ Mayor Gabriel Groisman ATTEST: _____________________________ Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _____________________________ Village Attorney Weiss Serota Helfman Cole & Bierman, P.L.
Page 48
May 15, 2018 Council Meeting Re: Approval of Design Concept for Development of Bal Harbour Park Page 2 of 23
result of the proposed Bal Harbour Shops (BHS) expansion plan. Consistent with the above strategic goals, the Administration developed and used a set of accepted guidelines in evaluating and negotiating the Bal Harbour Shops expansion proposal. Among those guidelines were the following, which impacted the decisions and proposed design under consideration: • Increase publicly owned space • Increase open green space • Improve pedestrian experience • Enhance Village aesthetics • Enhance/consolidate Village facilities • Minimize operational disruption As you know, the BHS expansion proposal was approved in 2017. Included in the package of public benefits is the obligation for BHS to engage Zyscovich Architects and cause to deliver to the Village a design charrette process resulting in a Basis of Design (Site Plan) for the Village waterfront property. The BHS will also contribute $3.5 million towards the construction of the park and design and construct a new Village Hall on the Fairfield Parcel, thereby making the current Village Hall site available to include as part of an expanded waterfront park development, among other public benefits. Existing Site Conditions: The 67,017 square foot site located north of 96th street and west of Bal Bay Drive. Currently this location houses Bal Harbour Park, containing a basketball court, small tot lot, spray water feature and other amenities, as well as the Village’s Parks and Public Spaces Operations compound; a Recreation Center and Village Hall Parking. Each component of the site utilizes approximately one third (1/3) of the space including the Village Hall Parking. Additionally, the site contains major utility infrastructure at the south end near the bridge and a Storm Water Pump Station just south of the current Public Spaces Operations building. The following provides a discussion of the existing site conditions and present uses. Bal Harbour Park: This section of the site is formally named Bal Harbour Park and was built in early 2001. The park contains a basketball court, shade covered tot lot with safety surface, spray water feature, interior walkways, chilled drinking fountain and covered pavilion. The park is surrounded with a combination of chain link and aluminum picket fencing and also contains a boat dock along the water’s edge. Features: •
Basketball Court The existing basketball court measures approximately seventy four feet (74’), long and forty six feet (46) wide, which the size typical for a junior high school court size.
May 15, 2018 Council Meeting Re: Approval of Design Concept for Development of Bal Harbour Park Page 3 of 23
A typical high school sized court measures eighty four feet (84’) long and fifty feet (50’), wide. The play surface consists of a rubberized interlocking floor panels and also contains positions for volleyball standards. The court is fenced with wall pads, on two sides, open on one side and contains a concrete wall with pads on the opposite side. •
Tot-Lot The children’s tot lot is shade covered and designed for children ages two (2) to five (5) years of age. The play equipment originally installed in 2001 contains a set of swings, slide and small climbing apparatus. The equipment is a wood and fiberglass construction with a pour in place safety surface.
•
Spray Water Feature The small spray water feature installed in 2001 features several spray units and contains pour in place safety surfacing.
•
Pavilion The pavilion measures sixteen feet (16’) square is constructed of concrete with a stucco painted finish and clay tile roof. It contains four sets of bench seating and a vending machine for soft drinks.
Current Uses: The park is used daily for general play, basketball clinics and party rentals. There is staff assigned during operational hours to check-in users, to ensure residency and maintain cleanliness. Due to the outdoor characteristics of this park, it is closed during inclement weather. The chart below summarizes the utilization of the park last year and year to date. Combined, the park received thousand four hundred ninety five (10,495) user visits and was rented for various types of parties, thirty two times (32). Bal Harbour Park Utililization 2017 to Date January 2017 to December 2017
January 2017 to April 2018
Resident Visits
6,212
2,290
Resident Guest Visits
1,236
757
Total Park Visits- for the Period
7,448
3,047
25
7
Party Rentals
May 15, 2018 Council Meeting Re: Approval of Design Concept for Development of Bal Harbour Park Page 4 of 23
Deficiencies: Basketball Court • • •
The basketball court is not full sized for adult full court play. The original 2001 basketball standards are aging and require frequent part replacements. The basketball court is not covered for sun or rain protection
Tot-Lot • • • • •
The original 2001 equipment is a wood and fiberglass construction that is operational but limited in its play experience for all but the youngest users. No equipment for pre-teen and older children. The shade cover is in need of replacement and not designed for tropical force storm and higher winds The tot lot contains the original pour in place safety surface, which due to its older design, limits its fall protection. There is no restroom within the Park. Patrons must use the Recreation Center, 250 feet away.
Spray Water Feature • •
Designed for younger children only. Operational but routinely requires repairs to the equipment due to age
Pavilion •
The pavilion does not contain picnic tables, only bench seating.
Boat Dock • •
Closed due to disrepair, no direct access to the water edge is available
Parks and Public Spaces Operations Facility Features: The site also contains the Parks and Public Spaces Operations Building with a small equipment and vehicle parking area. The six thousand six hundred square foot (6,600’), building contains offices, warehouse, breakroom, restrooms and locker rooms. The facility
May 15, 2018 Council Meeting Re: Approval of Design Concept for Development of Bal Harbour Park Page 5 of 23
also contains fuel storage tanks for the Village fleet and boat tie off cleats for the Bal Harbour Police Department vessel along the seawall. Current Use: This location is the only facility available for the twelve (12) full time employees who provide Village wide infrastructure, beautification, and Village facility maintenance activities. Additionally, storage for Police all-terrain vehicles and golf carts, tools, equipment, supplies and materials is provided in this facility. The Village vehicle fleet and police vessel receives fuel from the above ground storage tanks onsite. Deficiencies: • • • • •
• • • • • • •
The building is not ADA compliant No fire sprinkler system. The small size of the parking area necessitates the overnight parking of several operations vehicles within public parking lot in the front of the site. Due to space limits, one of the two operations supervisors utilizes a small office within the Recreation Center. The facility was not designed to provide separate facilities for men and women. The building contains a men’s locker room with restroom and a single shower. The three women, who work within the facility share a single use restroom. One of these women works in the field, performing maintenance activities. The facility is built on-grade and subject to storm surge damage from hurricanes No public entrance No loading dock to facilitate deliveries Limit access for delivery of equipment/supplies Limited storage areas No security fencing No dockage for the police vessel. seawall cleats and rubber bumpers are used to temporarily secure the police vessel during fueling activities
Recreation Center Features: The site contains a private residence which was re-purposed for a Recreation Center. The building is a one thousand two hundred thirty five square foot (1,235’), one story brick building with an attached garage of five hundred forty eight square foot (548’). There is a reception area, one single stall public restroom, and two offices with a staff restroom. A small brick paver patio area is located in the rear of the building. Current Use: Currently the building serves primarily as a customer point of contact for the Park and the one single use public restroom is utilized by Park visitors. One small area is utilized as a reception space for the park customer service and one small office is used by an operations supervisor providing facility and hardscape maintenance service.
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Deficiencies: • • • • • • • • •
The building was originally a private residence, the interior configuration is small and the one interior open area can accommodate programming such as dance for 5-7 participants at a time. The building is not ADA compliant No fire sprinkler system. The facility is built on-grade and subject to storm surge damage from hurricanes The building does not contain hurricane impact windows The building has received significant termite damage. The brick façade is in need of re-grouting. The roof is in need of replacement. Garage is utilized for storage and is non programmable space.
Parking Lot: The site contains public parking for fifty (50) vehicles with an asphalt paved surface with tree planters. Current Use: Public, Village employee, and Village owned vehicle parking. Serves the Park, Village Hall Park and Public Spaces Department. Deficiencies: • • •
Parking is limited at times due to multi use function Pavement is need of re-paving and marking Shade is limited
Storm Water Station and Other Infrastructure: The site contains a Storm Water Station which serves to remove storm water runoff from 96 Street. Along with the Station, the site contains several deep injection wells which are part of the Storm Water Station underground system. Due to the estimated two million dollar ($2,000,000) cost to re-locate the Station, any development plans will incorporate the station into the design and provide appropriate screening. Additionally, the Village main water supply service lines are located along the 96 street and Bal Bay Drive portion of the site which will also remain. The location also contains the main Florida Power and Light (FPL) underground transmission lines for the entire site and Village Hall at the southern perimeter along 96 street. ANALYSIS Planning Activities: In order to redefine this space, Zyscovich Architects were retained under agreement by BHS, to facilitate a design development process culminating in a Basis of Design (site plan) for the site. The scope of work included improvements to the existing Bal Bay Drive
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entrance and alternative uses for the existing Village Hall site on the SW corner of 96 street and Bal Bay Drive.
Program Needs Development - October 25, 2017 : On October 25, 2017, Zyscovich was asked to provide preliminary conceptual options for the development of the Park, Parks and Public Spaces Department facility site and existing Village Hall site. For each option the following alternatives were considered: 1. Keep existing water pump/generator at current location. Keep current manholes (injections wells) on Public Spaces Department Facility site. 2. Relocate water pump into south part of the lot away from the water. Relocate manholes (injection wells to middle of the Bal Bay Drive) 3. Demo existing Village Hall site 4. Keep existing Village Hall building as adaptive reuse (recreation center) 5. Keep existing Village Hall as Village Hall and provide parking for the Village Hall. Additionally, the proposed Program included, a new combined 4,500 square foot Community Center with 2 multipurpose rooms, public parking and a 2,000 square foot Parks and Public Spaces Department facility 15-20 employees.
Council Retreat-November 28-29, 2017 : On day two of the Village Council Retreat conducted November 28 and 29, 2017, you were presented with the following options for the new Park and Public Spaces Department facility. For each option there was an alternative of demolishing existing Village Hall or keeping the façade of existing Village Hall. The four options are detailed below as discussed during your review. Option 1: A new Community Center on the north end of the property and a Public Spaces Department facility on the existing Village Hall site. 47,070 square feet of open park space. Option 2: The new Community Center on the north end of the property and site parking in the existing Village Hall site. The Public Spaces Department program would be included into a remote location. 64,507 square feet of open park space. Option 3: A new community center & Public Spaces Department facility on the north end of the property and site parking in the existing Village Hall site. The green area would be reduced to 48,045 square feet of open park space. Option 4: A new Village Hall on existing Public Spaces Department site and a Public Spaces Department facility within the existing Village Hall site. A new Community Center to be located in the Collins Ave (Fairfield lot), north of Bal Harbour Shops, with 30,286 square feet of open park space. As reflected in the November 28-29, 2017 Village Council Retreat minutes approved at the January 30, 2018, Village Council meeting, there was a general consensus to select Option
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2, which envisioned an offsite Public Spaces Department facility, demolition of the current Village Hall, public parking on the current Village Hall site and the relocation of village hall to the Fairfield Parcel. In recognition of this directive, I tasked staff with initiating the process to search for a suitable off-site location to relocate the Public Spaces Department Operations facility. When identified, the location and details will be presented to the Village Council for review and further action.
First Public Design Workshop January 29, 2018 Subsequent to the Council Retreat in November, the first of two Public Design Workshops was held on Monday, January 29, 2018 led by architect Bernard Zyscovich and Village staff. This meeting was the next step in the visioning and planning process for the Village’s new waterfront park at the corner of 96th Street and Bal Bay Drive. The session was held at the Sea View Hotel and began with a comprehensive review of the latest innovations and trends in park and recreation designs. Approximately one hundred (100) residents were present at various times during the meeting. Mr. Zyscovich presented the concept of a 5,000 square foot (5,000 sq. ft.), Recreation Center with site parking at the existing Village Hall site. The presented program included: Kids playground, splash pad, passive uses, covered or uncovered basketball court, water taxi/kayak launch, boardwalk, waterfront activities. It was also concluded to keep existing utilities on site and not to relocate them. The presentation included different alternatives for the Village community to solicit an open discussion of the best uses and possibilities for the park including program for all ages of Village residents. Among the uses proposed were: 1. 2. 3. 4.
Arts/Community related/Multi-use spaces Passive activities Sports/playgrounds Waterfront/boardwalk.
Two major issues were identified and a large part of the evening was spent in discussing the balance between the virtues of a traditional passive park atmosphere versus the benefits of a more substantial indoor recreational center where sports and other activities could take place. Comments were reduced to these two positions which each had their advocacy groups. • Many residents wanted as much green area as possible for passive activities in a traditional park setting for the enjoyment of all ages with shade and a community space indoors for community-based activities but not those of a sports center. • Some residents wanted a large recreation center with many indoor activities protected from the sun. It should include a full court gym, multipurpose court, fitness center, indoor pool. This should be a multilevel building and large enough to accommodate multiple activities.
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The presentation concluded with a level of interest and cooperation among the participants with the understanding that we would come back at the next workshop with additional design work that would try to meld the viewpoints that all agreed with, and try a new balance between active indoor space and passive outdoor space. There was also a brief discussion towards the end of the evening whereby we could also consider building on the village hall site instead of just leaving it as surface parking field. This would open up new opportunities to expand the vision and available property to better accommodate the desires of both the active indoor and passive outdoor desires. The next workshop was scheduled and there was interaction and direction determined in the development of additional choices.
Second Public Design Workshop March 05, 2018 On March 5, 2018 the second workshop was held to move forward on the planning and visioning of the Village’s new waterfront park. The workshop was again led by Zyscovich Architects and Village staff. The session was also held at the Sea View Hotel as was the case in the first Workshop, approximately one hundred (100) residents were present at various times during the meeting. Based on the feedback from the first workshop in January, new renderings were shown and discussed, including combinations and layouts of park features that were suggested. Zyscovich presented three revised options for a community/recreation center on the Waterfront Park and existing Village Hall site. These designs were accompanied by other materials where concepts and reference images were also shown, so that the attendees could see the progression of the process and still have a more tangible understanding of the aspects of the design intent. Every option grew the size of the community center building beyond what it was in the first workshop but Option C illustrated the potential of building additional area above the parking on the current village hall site. It is the determination of Zyscovich Architects that Option C provided the maximum green area among all options presented for a total of 35,520 square feet. The Program included the following components: • • •
Site Plan A- 6,587 square foot Community Center in two levels on the waterfront site and uncovered public parking on the existing Village Hall site. A basketball court was proposed on the east side of the waterfront site. Site Plan B-6,587 square foot Community Center in 2 levels on the waterfront site and uncovered public parking on the existing village hall site. A basketball court was proposed on the South side of the waterfront site Site Plan C-6,587 square foot Community Center 2 levels on the waterfront site and covered public parking on the existing Village Hall site. A basketball court was proposed on top of site parking on the existing Village Hall site. This option provides the maximum green area among all options for a total of 35,520 sf.
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The Program included: 1. A two-story community center, no longer one story. 2. The Ground Floor: Reception, Indoors Kids play area, Large multipurpose room that could be split into 2, Kitchen, Storage and covered terrace with Splash pad fountain. 3. The Second Floor: multipurpose room, 2 offices, staff break room Outdoor terrace. Site and Park amenities Included: 1. 2. 3. 4.
Waterfront Boardwalk and Kayak launch and dock Vita course and Exercise Path Outdoor Playground area Passive outdoor with movable stage and seating for 120-150 residents
The Phasing of the project was also discussed to ensure that there would be some recreational area always available. It is understood that the Village Hall site will not become available until the new Village Hall is built on Collins Avenue. As presented the park will be built in phases where the Community Center is built in Phase One, keeping the existing Village Hall in place. The existing basketball court and tot lot will remain as existing during phase one. Parking for Park users will be provided on the East side of the waterfront park in a designated hardscape zone to be used for multipurpose activities during completion of the park. The consolidation of resident responses noted that they would like to have a bigger Community Center and incorporate an indoor Recreation Center. Also, it was agreed that a waterfront site is not an ideal location for an indoors Recreation Center. The participants also voiced their opinion that the waterfront site should be designated for Park passive related activities. The meeting was concluded with the idea that we would generate a new plan enlarging the community building a bit more and also showing how a sports activity center could be designed above the future parking on the Village hall site. This was also the conclusion of the community workshops.
Proposed Park Options The following information provides the proposed design concept, narrative with options for the development of the park site as created by Zyscovich Architects incorporating the combined input received during the two Public Design Workshops. Based on the Community Comments Zyscovich updated the Village Park design and proposed 2 alternatives. The proposed site plan for both options envisions the incorporation of a combination of hardscape, community center building and thirty five thousand five hundred twenty square feet (35,520’), of greenspace, which is modified according to the two building footprint options. The plan provides for a variety of uses for the Park site. It should be noted, that in order to fully build this site plan, parking for the park must be relocated to the Village
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Hall site, either as open parking or a combination, covered parking and multi-floor Recreation Center. The following components are proposed for the park. The corresponding Community Center and Recreation Center options will be discussed in a following Section. Evolution of Concept: It should be noted that the process of community workshops seemed to be very worthwhile with good attendance, excellent points and mutual respect among the participants. There were many options and ideas exchanged. The plan, program of uses and size and character of each of the elements evolved as Zyscovich Architects worked to define the balance of spaces in a way that people agreed to the final proposed options. There was a palpable excitement shared by all that this was a new opportunity for the Village to substantially increase the quality of open space and access to activities for the entire community. There were some general considerations that were contingent in the approach. • • • •
The park would be for Village residents only The outdoor use of the park would be considering that noise generated from activities and events would have to be carefully controlled to avoid excessive disturbance to the nearby residents. There should be careful consideration of the north wall of the Community Center to make it a sound barrier because of the adjacent apartment building. The Participants were very enthused by the opportunity to repurpose underutilized waterfront into a first class waterfront park.
Zyscovich Architects noted that in their experience in planning for sense of place it is very important to reflect the characteristics of the community we work in. Bal Harbour is a sophisticated community with high expectations in their built environment. It is very interesting to see how quickly the community came to the key point, which is the balance and relationship between passive and active indoor activities. There is a substantial diversity of interests that span the spectrum of age and culture. It became obvious to Zyscovich Architects, that there needs to be a place for everyone but there also needs to be a symbolic statement of the overall objective which is simply beautiful, shaded park space where sitting on a bench reading a book is honored equally to a state of the art activity space. This latest design accommodates the diverse set of interests but does so in a way that expresses the aspirations of high value sophisticated community. The architectural expressions and vocabulary that Zyscovich Architects has been working with incorporates the soft sensibilities of the natural environment by utilizing shaded area, curving building forms that expand the panorama and surprises in the use of outdoor rooftop spaces. The furniture and spaces enhancing the waterfront and the experience of the rich sculptural elements further give the impression of an arts park.
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Zyscovich Architects has incorporated everything from swings, to splash pads, to green roofs, to amphitheaters for outdoor film screenings and Puppet Theater. Pretty much anything you want to do can be accommodated including the sponsoring of the space for parties, wine tastings, art exhibits cocktail hours, quinces, bar mitzvahs and weddings. The list can literally go on forever. The future potential for the sports activities building is likewise rich and diverse. Zyscovich Architects has proposed in a way where it can support a full court basketball game, with articulation to break down into smaller courts, yoga, racket sports etc. It can be one story above parking or even two or more. It can accommodate a rooftop gathering space as well. Since this will be in phase two there is time to fine tune the ultimate program. Park Site Elements: 1. Kid’s playground (outdoor) A playground is proposed for the site which is designed for use by children who have generally outgrown the smaller tot lot equipment. This play area will feature creative play equipment that provides a physical challenge along with a large feature specimen tree which offers shade and a place for children’s play. 2. Splash Pad An outdoor splash pad is proposed adjacent to the Community Center which provides a splash area that can be viewed from inside the Community Center or from designed seating under the center’s first floor covered terrace. 3. Passive Activities A proposed open play area that can be used for non-programmed play such as space to play catch, kick a ball, and relax in the sun. Also, the area can be programmed for yoga, tai chi or meditation classes. The use of grade and incorporated seating elements near the outdoor play area, provides a space for events such as movies in the park, music performances and other community gatherings. 4. Exercise Path A proposed exercise path winding through out the greenspace that could include a Vita course with equipment stations. 5. Water Taxi/Kayak Launch A proposed dock area that provide access to the water that could be used to launch kayaks, canoes or paddleboards. The surrounding water is generally calm due to the area’s protection from winds. Also, the bridge at 96 Street limits the passage of large vessels from the south. The dock areas could also be programmed as a stop for future planned water taxis transport to and from downtown Miami and Bakers Haulover. 6. A proposed boardwalk along the water provides pedestrian access to the water for passive activities with seating areas to be incorporated along the walk. 7. Park Parking A twenty-five space (25), parking lot for the park is proposed on the now occupied Village Hall site. The lot could be programmed for other community events such
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as, a farmers’ market or food truck event during weekends for pedestrian access from the community. 8. Storm Water Station The existing Storm Water Station and underground drainage system which is used to remove the rain water from 96 street was reviewed and the estimated two million dollars ($2,000,000), cost to relocate the station deemed too costly. The station will remain on the site be receive appropriate screening. 9. Community Center To be discussed in a following section. 10. Covered Walkways and Terraces A covered terrace is proposed to provide a covered architectural feature over the entrance walkway to the Community Center that offers protect from the elements. 11. Access Control An access control point to check-in park users and provide a secure entrance is proposed which incorporates perimeter vegetation screening to define the Park boundary. The actual design of this feature will need further refinement during the construction drawing production activities. 12. A pedestrian access from within the Gated Community is proposed to provide a secure entrance for these users. 13. Furniture Various street furniture elements are proposed along the water edge as well as appropriate points within the greenspace to provide shaded seating opportunities which can be designed as both passive and active architectural elements. 14. Hardscape Multi-Purpose A hardscape area is proposed which could be used to incorporate various elements such as tic tack toe, hopscotch, and human chess board layouts. The area would also provide vehicle access to the building for special events and other times when maintenance and service vehicles require access to the Community Center. Additionally, the area could be programmed for other community events such as, a farmers’ market, small art shows, Art in Public Spaces exhibits or food truck events during weekends. 15. Temporary Event Canopy A temporary event canopy is proposed for the park which could be programmed for special events, various outdoor classes, or used for passive shade. The proposed Community Center options, provide elements common to both. The proposed Recreation Center is the same in both options. The individual elements for each option are discussed on the next page.
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CommunityOption-1
Community Center Option 2
Community Center-9, 587 square feet
Community Center-12,163 square feet
Two Levels
Three Levels
Community Option-1 Ground Floor-5,817 square feet under air conditioning •
• • • •
Reception: A spacious reception area is proposed to provide a visitor check in area, and spacious common area to provide moveable seating that allows for viewing of the indoor children’s play area. The space can be configured to accommodate party rentals and community meetings. Kitchen: A concession kitchen is proposed to accommodate refreshments for visitors and utilization for party rentals and other community gatherings. Public Restrooms: Restrooms are proposed which are situated to provide central access from the individual common areas and adjacent to the children’s play area. Multi-Purpose Rooms: Three multi-purpose area rooms are proposed that would be dividable to allow for programing or rental. Storage: Storage for building chairs, tables and other program materials such as floor mats is provided that is sized to accommodate the operational needs of the facility.
Second Floor-3,971 square feet under air conditioning • • •
Public Restrooms: Restrooms are proposed which are situated to provide central access from the individual common areas. Multi-Purpose Rooms: Two multi-purpose area rooms are proposed that would be dividable to allow for programing or rental. Office Space: Two offices are proposed for a Facility Manager and Assistant Manager.
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• •
Staff Breakroom: A staff breakroom with small restroom is proposed to provide Park Staff with a lunch area and lockers to place personal belongs during working hours. Storage: Storage for building chairs, tables and other program materials such as floor mats is provided that is sized to accommodate the operational needs of the facility.
Second Floor-2,120 square feet covered outdoor terrace, not under air conditioning •
A covered Terrace which partially covered is proposed to provide outdoor access to the second floor
Community Center Option 2 The second option is 5,576 square feet larger than option one. Ground Floor-5,817 square feet under air conditioning •
Option Two ground floor retains the same square footage and areas as the first option.
Second Floor-6,346 square feet under air conditioning • • •
2,375 square foot in additional space One additional multi-purpose room, (two to three) is proposed Public Restrooms: Additional restrooms are proposed which are situated to provide central access from the individual common areas.
Third Floor-4,874 square feet under cover, no air conditioning •
Rooftop Terrace: A roof top terrace is proposed for programmed activities and community gatherings
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Recreation Center Recreation Center-18,588 square feet on Three Levels
Ground Floor-25 Parking Spaces •
Parking: The proposed ground floor would provide twenty-five (25) parking spaces and serve as the parking facility for the Park and Recreation Center.
Second Floor-9,294 square feet under air conditioning • • • • •
Reception: A reception area is proposed to provide a visitor check in area Basketball/Sport Court: A full sized basketball court with multi-sport markings and seating is proposed to allow for non-programmed and programed basketball, volleyball, pickle ball and other activities. Public Restrooms: A family restroom is proposed which is situated to provide central access from the court area. Office Space: One office is proposed for a Supervisor. Storage: Storage for building chairs, tables and other program materials such as floor mats is provided that is sized to accommodate the operational needs of the facility.
Third Floor-9,294 square feet under air conditioning • • • • • •
Reception: A reception area is proposed to provide a visitor check in area Fitness Center: A fitness center is proposed with a rubberized track perimeter. Multi-Purpose Room: A multipurpose activity room is proposed to allow for programed fitness classes and other activities. Lap Pool: A lap pool is proposed for non-programmed swim which could be programmed for swim classes. Public Restrooms: Public restrooms and locker rooms are proposed which are situated to provide central access from the fitness center area. Office Space: One office is proposed for a facility supervisor.
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• •
Staff Breakroom: A staff breakroom with small restroom is proposed to provide facility staff with a lunch area and lockers to place personal belongs during working hours. Storage: Storage for building chairs, tables and other program materials such as floor mats is provided that is sized to accommodate the operational needs of the facility.
Considerations: Village Hall: This project poses the fundamental question regarding the future location of Village Hall, which requires the Village Council not change its prior decisions to construct a new Village Hall on the Fairfield site as is included in the approved Development Agreement with BHS. In order to entirely construct either of the proposed options presented, the demolition of Village Hall and its replacement with parking for the Park, either with a Recreation Center on top of covered parking or a simple surface lot would be required. Retaining the parking within the Park location in its current footprint of approximately, eighteen thousand square feet (18,000), severely affects the aesthetic and functionality of the proposed site, rendering it not practical as designed. Using any of the waterfront site for parking would dramatically reduce the available green space and make the proposed design not optimal. Proposed Park Site Plan As described in a previous section, Zyscovich Architects worked to incorporate the soft sensibilities of the natural environment by utilizing shaded area, curving building forms that expand the panorama and surprises in the use of outdoor rooftop spaces. The furniture and spaces enhancing the waterfront and the experience of the rich sculptural elements further give the impression of an arts park. Also, Zyscovich Architects has incorporated everything from swings, to splash pads, to green roofs, to amphitheaters for outdoor film screenings and Puppet Theater. A myriad of activities can be accommodated including the sponsoring of the space for parties, wine tastings, art exhibits cocktail hours, quinces, bar mitzvahs and weddings. The outdoor features of the Park are subject to further refinement and issues such as security, landscape screening and staffing during operational hours, will require further review and planning. Proposed Community Center Both options provide the space required to provide a variety of recreational programming for the park patrons as well as passive green space with access to the waterfront. The Community Center would accommodate classes for both adults and children. The ability to portion rooms adds the flexibility to conduct activities such as a yoga, dance, zumba or meditation classes, at the same time while maintaining space for children to engage in active play within the children’s play area. The proximity of the restrooms and catering kitchen adjacent to the common seating and indoor children’s play area provides ease of
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use and accommodates children’s birthday parties’ without affecting the functionality of the remaining areas of the building. Additionally, the Community Center options provide meeting space for resident based organizations such as various homeowners/condo associations and youth organizations to meet and conduct their activities. The space to create community based happenings such as, art exhibits, chats first aid classes and educational seminars is also available within the overall design concepts of the Community Center. The inclusion of covered non- air conditioned terraces provide additional space for programmed activities as well as a passive area to experience the park and water views. The primary difference between Option One and Option Two is the addition of a third floor rooftop terrace under partial cover in Option Two. While Option Two provides additional space and programming flexibility, the third floor may create operational concerns. The third floor would require staffing while in operation to ensure the safety of the users and restrict unauthorized activities. The additional cost to construct the third floor in Option Two, may outweigh the benefit. Option One also provides the partially covered terrace and reduces the operational and cost concerns identified within Option Two. Proposed Recreation Center As stated in a previous section, the Public Design Workshop process affirmed consistent Community interest in a stand-alone Recreation Center under air conditioning to provide sport and active recreation activities. Additionally, Village Council consensus and Community input supports the relocation of the parking facilities that service the Park to the Village Hall site. The proposed Recreation Center creates the appropriate space and amenities to create a sport/exercise based facility, which delivers a separation from the Community Center and provides covered parking for both facilities, which maximizes the greenspace footprint of the Park site. The Recreation Center would also serve to provide community meeting space for meetings, special events. In consideration of the two options presented by Zyscovich Architects which are based on the cumulative input from the participating stakeholders, we are recommending the Village Council approval of Park Site Plan and Design Concept Option One. The proposed two story 9,587 square foot Community Center, is adequately sized to facilitate the identified community programming desires and maximizes the available green space for the Park. While Option Two also maximizes the green space available within the park site, Option Two proposes an additional story that increases the height of the building scale relative to the Park, increases costs and identifies operational concerns without substantial added benefit. Additionally, the development of the Recreation Center above covered parking on the existing Village Hall location, maximizes the available space to deliver the air conditioned sport activity opportunity desired by the Community, while offering a separate active recreation component, with parking adjacent to the Park. This separation of facilities, compliments the area and creates both passive and active community recreational components along with cultural opportunities in a centralized location.
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Phasing In order to determine the project phasing and fiscal considerations, a discussion of the cost to construct along with the various phasing issues is warranted. The project as proposed is envisioned to be built in three major phases, each with individual cost considerations in terms of time. It is anticipated that the entire project could span a period of several years overall from the time of approval. The availability of the site and the desire to maintain park operations during the construction are limiting factors which influence the construction timeline. A phased approach will ensure that the current basketball court and play area are available to our residents while the construction of the community center takes place. In addition, the recreation center and parking relocation cannot occur until the new Village Hall at the Fairfield parcel is constructed and operations are relocated.
Phase One-Near Term Phase one of the project anticipates several activities which are completed within the Phase One, Near Term timeframe. While separate in nature, several areas will require work to be completed in concurrently. •
•
•
Architectural and Engineering Services Upon approval, of the design concept, the Procurement of the Architectural and Engineering Services would be the first step to be initiated within Phase One. It may be possible to have the BHS provide the services of Zyscovich Architects to complete necessary design, construction drawings and architectural oversight during the construction of the Park and Community Center, as a portion of their three million five hundred thousand dollars ($3,500,000) contribution. Land Acquisition In order to construct the Community Center in phase one, the relocation of the Parks and Public Spaces Operations to a new site is required. Once the facility is identified, developed and occupied, the existing Operations Facility and Recreation buildings will be demolished to create the space for the phase one activities including construction of the Community Center, reconfiguration of the parking lot and partial Park site plan. We are actively engaged in the identification and acquisition of a suitable property outside of the Village in order to relocate the Parks and Public Spaces Operations Facility. We anticipate bringing this action for Council review and approval in the near future if the Park Concept Plan is approved. Operations Facility Design and Construction After the site for the future Operations Facility is acquired, the design of the facility and construction will be completed in order to deliver the park site for development and construction of the Community Center.
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Phase Two-Mid Term •
•
Partial Park Site Development When the Park site is available, the construction of the Community Center will be conducted along with the portion of the Park site plan which is planned to be completed during phase one. Existing basketball and tot lot facilities to remain in use with the addition of a temporary office restroom trailer for Park use. Community Center Construction When the site is available, the Community Center will be constructed, and parking will be reconfigured. The cost to construct is based on an approximate $ 300.00 dollar per square foot construction cost. The per square foot construction cost may increase due to the actual design and inflationary construction cost increases during this period.
Phase Three-Long Term •
• •
Recreation Center Design Request for Qualification to procure A&E design services for the Recreation Center, procurement activities in anticipation of construction when the Village Hall site becomes available. Site Demolition and preparation Old Village Hall site will require demolition, debris removal and site preparation Recreation Center Construction and Final Park Elements Construction of proposed recreation Center, parking and related facilities, as well as final elements of the park are completed.
Next Steps The next steps, after acceptance of this effort, several issues will require refinement as the process moves forward. •
• •
A&E Design Services Should the Council wish to have Zyscovich Architects complete the design and prepare a permit able set of plans (100% construction drawings), BHS may be able to provide that service within the $3.5 million contribution required in the Development Agreement Land acquisition to relocate Parks and Public Spaces Operations Facility Upon approval of the Concept Plan, the property acquisition will be conducted with the identified location brought to the Village Council for review and approval. Development of Parks and Public Spaces Operations Facility After the relocation site is acquired, design and construction activities will begin in order to complete the relocation of the Parks and Public Spaces Operations function to the new location and clear the Park site for the planned development.
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• • •
Temporary Conditions The temporary conditions and planning to continue Park activities and Village Hall parking needs will require further refinement. Schedule Development Schedules within the various phases will require continuous review and updating as progress is realized. Operations Plan The future site plans for this park with proposed amenities will require the addition of facility management and support staff as the phases are completed. The actual number will be dependent on the hours of operation and the final designs. While most programming would be provided by contractual service providers, several areas will require a combination of full-time and part time staff in proximity to active areas during all operational hours. The development of the operations plan for this project would be conducted during the design and construction of the new Community Center and other Park amenities.
CONCLUSION Since October 25, 2017, Zyscovich Architects has worked with the Village Council, the community and staff, during various meetings and workshops to develop a design concept for Bal Harbour Park. The input received from the various stakeholders for this project have been captured and incorporated into two design concept options for your review. The two options provide a comprehensive “vision” for the future design and use of this important parcel of public space within the Village. As previously stated, since the beginning of my tenure as Village Manager, one of the consistent and recurring desires of the Village Council and the Community has been to enhance and expand our public spaces and increase our recreation offerings. To that end, each year, two of the five strategic guiding principles for our budget development process have included: • “Improve and Beautify our Public Spaces” • “Enhance Community Engagement Through Public Events and Expanded Communications with Our Residents and Visitors” While much progress has been made on these strategic goals over the years, the waterfront property along Bal Bay Drive remained a poorly designed and underutilized, Village property. This property has tremendous potential for redevelopment as an iconic, state of the art public space for all ages. If approved, this Park Design Concept Option One, serves to increase our recreational space, removes an operational facility and parking from this Waterfront Park and dramatically transforms this property into a world-class park and community gathering place. Additionally, an added benefit is the development of a Recreation Center adjacent to the Park and Community Center with parking for both on
May 15, 2018 Council Meeting Re: Approval of Design Concept for Development of Bal Harbour Park Page 23 of 23
the now occupied Village Hall site thereby, maximizing the community use of the Village Hall site for recreation. Lastly, I want to recognize the keen participation of the Mayor and Village Council, members of the community and staff, along with Zyscovich Architects in this process. To realize progress towards development of major public projects such as this particular site, requires all participants to engage in a cooperative effort. In this instance, I believe that to have been the case. As a Village, there are several other projects of these types on the horizon and our recent experience in this process is indicative of a Community that is ready to move forward in creating public spaces that are unique, beneficial to our residents and the envy of our neighbors. As a body I encourage your continued support and engagement.
RESOLUTION NO. 2018A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE BAL HARBOUR PARK DESIGN CONCEPT, OPTION NUMBER ONE, FROM ZYSCOVICH ARCHITECTS FOR THE FUTURE DEVELOPMENT OF BAL HARBOUR PARK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, one of the consistent desires of the Village Council and the Community is to expand our Public Space and Recreation offerings; and WHEREAS, Zyscovich Architects were retained by the Bal Harbor Shops pursuant to the Development Agreement to facilitate a design development process culminating in a site plan design report for the Park site; and WHEREAS, the scope of work included improvements to the existing Bal Bay Drive entrance and alternative uses for the existing Village Hall site on the SW corner of 96th Street and Bal Bay Drive; and WHEREAS, after receiving input from Village Council, Staff and well attended Community involvement, Zyscovich Architects has compiled the received input and proposed two design concept options for the development of Bal Harbour Park and adjacent properties; and WHEREAS, the proposed site plan for both options envisions the incorporation of a combination of hardscape, Community Center, Recreation Center, facility parking and thirty five thousand five hundred twenty square feet (35,520’), of greenspace, which is modified according to the two building footprint options; and WHEREAS, the plan provides for a variety of uses for the Park site, and in order to fully build this site plan, parking for the park must be relocated to the Village Hall site, either as open parking or a combination, covered parking and multi-floor Recreation Center; and WHEREAS, Option No. One proposes a nine thousand five hundred eighty seven square foot (9,587sq.ft.), Community Center on two levels with the desired multi-purpose flexibilities and an eighteen thousand (18, 588 sq. ft.), square foot Recreation Center to be built above covered parking on the existing Village Hall site; and WHEREAS, the Council has determined that it is in the best interest of the Village to approve the Bal Harbour Park Design Concept, Option No. One, as developed by Zyscovich Architects and to proceed with the development activities as required to construct the Bal Harbour Park Design Concept, Option No. One as proposed.
Bal Harbour Village – Resolution No. 2018-
1
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Section 2. Resolution Approved. That the Resolution to approve the Bal Harbour Park Design Concept, Option No. One and to initiate the development activities required to eventually construct as proposed is hereby approved. Section 3. Implementation. That the Village Manager is hereby authorized to initiate the development activities required to eventually construct the Bal Harbour Park Design Concept, Option No. One as proposed, and to take all actions necessary to implement the purposes of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon the adoption hereof. PASSED AND ADOPTED this 15th day of May, 2018.
Mayor Gabriel Groisman
ATTEST: Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Village Attorney Weiss Serota Helfman Cole & Bierman, P.L.
Bal Harbour Village – Resolution No. 2018-
2
BAL HARBOUR
VILLAGE PARK
04.17.2018
AKNOWLEDGEMENTS
BACKGROUND
Village of Bal Harbour:
The Village of Bal Harbour Is a community with beautiful single-family residences, apartments of great quality and desirability and a place with amazing landscape and views. The Village boasts some of the best shops in the world, a first-class beach and a fabulous bay to its west. One thing it is does not have is a park where the community can gather, the kids and even those who are not kids anymore can play, read a book, or simply relax. There is no indoor space to celebrate indoor events or have programs or sports activities. Our mission has been to listen, to interpret the requests and comments of the community and tailor a design for the properties that will comprise the new Bal Harbour Village on Bal Bay Drive. The site today is on the west side of Bal Bay Drive and comprises a small tot lot and basketball court as well as the Village’s public works compound. Since there is another site owned by the Village on Collins Ave north of the Shops, there is the opportunity to relocate the Village Hall and Police and consolidate those services on Collins thereby opening the current Village Hall site as available for utilization as a part of this park study. Also, the Village has decided to move the public works activities outside the Village freeing up that space and the parking areas as well. Aside from buildings the site contains major infrastructure at the south end near the bridge and just south of the current public works building, which will be left in place and screened. Considering that the current uses are administrative and quasi-industrial the Park use will be a much more appropriate use of Bayfront property and can serve as the ideal location for the new park. By utilizing these sites together, it will be possible to create a new iconic park for the community and an opportunity to reuse the waterfront for social, educational, fitness and recreational space. The question is how should it be put together and what uses would the residents of the Village like to see there? The Village is like most place comprised of a diverse population and the process of identifying the needs and desires was through public workshops to generate ideas and discuss options. Our role was to conduct the workshops, and generate the ideas and images that could lead to a consensus for further action.
Jorge Gonzalez ,Village Manager John Oldenburg, Director of Parks and Public Spaces Department Mike Alvarez, Utility Compliance Offices Zyscovich Architects Bernard Zyscovich, CEO Roberto Bezold, Project Manager Daniella Smith, Designer Marcela Ramirez, Designer
Center & Public Works on the North end of the property and site parking in the existing village hall site. Green area reduced. 48,045 sf of open space. Option 4 Show New village Hall on Existing Public Works site and New Public Works building in existing village hall site. New Community center to be located in the Collins Lot north of Bal Harbour shops. 30,286 sf of open space
WORKSHOPS The approach to the workshops was to develop an base line concept that could be used to generate discussion regarding the uses, placement and design of what could be absorbed in the space available. We provided options based on a program of uses that was established by the Village administration. This effort was begun in late October ,2017 with the development of conceptual options for the reuse of the public works site and existing village hall site. For each option we were asked to consider the alternatives assuming that the infrastructure and manholes would remain in place but everything else was available for consideration. The program was to include a Community Center of 4,500 SF with 2 Multipurpose rooms and Public Parking and a Public Works building of 2,000 SF for 15-20 employees and employee parking. There were three concepts for site utilization that were initially considered. • • •
Demolish all structures including the Village Hall and create a fresh concept Keep the Existing Village Hall building as an Adaptive reuse as a recreation center Keep the Existing Village Hall in its current use and provide parking for the VH in the park site
On November 27, 2017 there was a presentation to convey the early draft design work and solicit comment and input from the Village administration. We presented four options for consideration for the New Park and Public Works building. For each option there was an alternative demolishing existing village hall and keeping the façade of the existing village Hall. • • • •
Option 1 - Show the New Community Center on the North end of the property and a Public Works building on the existing village hall site. 47,070 sf of Open Space Option 2 - Show the New Community Center on the North end of the property and site parking in the existing village hall site. The Public Works program was to be included into a remote location. 64,507 sf of open space Option 3 - Show the New Community Center & Public Works on the North end of the property and site parking in the existing village hall site. Green area reduced. 48,045 sf of open space. Option 4 - Show New village Hall on Existing Public Works site and New Public Works building in existing village hall site. New Community center to be in the Collins Lot north of Bal Harbour shops. 30,286 sf of open space.
The decision was to proceed with option 2 utilizing the maximum amount of green area for the Village park site and have the public works in a remote location. We were at that point ready to begin the work of developing a concept with a little more definition and schedule the public workshops in a space conducive to handle a large gathering and have us present our initial concepts for discussion and comment. January 29, 2018-Workshop 1 Zyscovich presented the concept of a standalone recreation center 5,000 sf with Site Parking on the existing village hall site. Program included: Kids playground, Splash pad, passive uses, Covered or uncovered Basketball court, Water taxi/kayak launch, Boardwalk, Waterfront activities. It was decided to keep existing utilities on site and not to relocate them. the presentation included different alternatives, precedent or mood images for the village community to have an open discussion of the best uses and possibilities for the park. It became clear that the programming needed to be for all ages of village residents. Notes were taken of all comments. The categories of uses proposed were: • • • •
Arts/Community related/Multi-use spaces Passive activities Sports/Playgrounds Waterfront/Boardwalk.
eillage Hall on Existing Public Works site and New Public Works building in existing village hall site. New Com
There were two major issues that were discussed and a large part of the evening was spent in discussing the balance between the virtues of a traditional passive park atmosphere versus the benefits of a more substantial indoor recreational center where sports and other activities could take place. Comments were reduced to these two positions which each had their advocacy groups. • Residents wanted a large recreation center with many indoor activities protected from the sun. It should include a Full court gym, multipurpose court, fitness center, indoor pool. This should be a multilevel building and large enough to accommodate multiple activities. • Community wanted as much green area as possible for passive activities in a traditional park setting for the enjoyment of all ages with shade and a smaller community space indoors for community based activities but not those of a sports center. The presentation concluded with a level of interest and cooperation among the participants with the understanding that we would come back at the next workshop with additional design work that would try to meld the viewpoints that all agreed with, and try a new balance between active indoor space and passive outdoor space. There was also a brief discussion towards the end of the evening whereby we could also consider building on the village hall site instead of just leaving it as surface parking field.
This would would open up new opportunities to expand the vision and available property to better accommodate the desires of both the active indoor and passive outdoor desires. The next workshop was scheduled and there was interaction and direction determined in the development of additional choices. March 5, 2018-Design Workshop 2 Zyscovich presented three revised options for a community/recreation center on the waterfront park and existing village hall site. These designs were accompanied by other materials where concepts and reference images were also shown, so that the attendees could see the progression of the process and still have a more tangible understanding of the aspects of the design intent. All the options grew the size of the community center building beyond what it was in the first workshop but Option C illustrated the potential of building additional area above the parking on the current village hall site. • Site Plan A- 6,587 sf of SF in 2 levels on the waterfront site and an uncovered public parking on the existing village hall site. Basketball court proposed on the East side of the waterfront site • Site Plan B-6,587 sf of SF in 2 levels on the waterfront site and uncovered public parking on the existing village hall site. Basketball court proposed on the South side of the waterfront site • Site Plan C-6,587 sf of SF in 2 levels on the waterfront site and covered public parking on the existing village hall site. Basketball court proposed on top of site parking on the existing village hall site. This option provides the maximum green area among all options for a total of 35,520 sf. The Program included a two-story community center, no longer one story. The Ground Floor: Reception, Indoors Kids play area, Large multipurpose room that could be split into 2, Kitchen, Storage and covered terrace with Splash pad fountain. The Second Floor: multipurpose room, 2 offices, staff break room Outdoor terrace. Site and park amenities included: Waterfront Boardwalk and Kayak launch and dock, Vita course and Exercise Path, Outdoor Playground area, Passive outdoor with movable stage and seating for 120-150 residents The Phasing of the project was also discussed to ensure that there would be some recreational area always available. It is understood that the Village Hall site will not become available until the new Village Hall is built on Collins Avenue. n
As presented the park will be built in phases where the recreation/community center is built in phase One, keeping the existing village hall in place. The existing basketball court and tot lot will remain as existing during phase one. Parking for Park users will be provided on the East side of the waterfront park in a designated hardscape zone to be used for multipurpose activities during completion of the park. The conclusion was that many residents would like to have a bigger Community Center and have an indoor sports activity area as well above the parking at the village hall parking when that becomes available. There was general agreement that the waterfront area is not the ideal location for an indoor sports center and that the waterfront site should be for the community center and passive park related activities. The meeting was concluded with the idea that we would generate a new plan enlarging the community building a bit more and showing how a sports activity center could be designed above the future parking on the village hall site. This was also the conclusion of the community workshops. ption 4 Show New village Hall o n Existing Public Works site and New Public
EVOLUTION
It should be noted that the process of community workshops seemed to be very worthwhile with good attendance, excellent points and mutual respect among the participants. There were many options and ideas exchanged. The plan, program of uses and size and character of each of the elements evolved as we zeroed in on the appropriate answers and illustrated the balance of spaces in a way that people agreed to the final proposed options. There was a palpable excitement shared by all that this was a new opportunity for the Village to substantially increase the quality of open space and access to activities for the entire community. There were some general considerations that were contingent in the approach. That the park would be for Village residents only, that the outdoor use of the park would be considering that noise generated from activities and events would have to be carefully controlled to avoid excessive disturbance to the nearby residents. That there should be careful consideration of the north wall of the community center to make it a sound barrier because of the adjacent apartment building. People were very enthused by the opportunity to repurpose underutilized waterfront into a first-class waterfront park.
PLANNING AND DESIGN
RECOMMENDATION
In our experience in planning for sense of place it is very important to reflect the characteristics of the community we work in. Bal Harbour is a sophisticated community with high expectations in their built environment. It is very interesting to see how quickly the community came to the key point, which is the balance and relationship between passive and active indoor activities. There is a substantial diversity of interests that span the spectrum of age and culture. It became obvious that there needs to be a place for everyone but there also needs to be a symbolic statement of the overall objective which is simply beautiful, shaded park space where sitting on a bench reading a book is honored equally to a state of the art activity space. This latest design accommodates the diverse set of interests but does so in a way that expresses the aspirations of high value sophisticated community. The architectural expressions and vocabulary that we have been working with incorporates the soft sensibilities of the natural environment by utilizing shaded area, curving building forms that expand the panorama and surprises in the use of outdoor rooftop spaces. The furniture and spaces enhancing the waterfront and the experience of the rich sculptural elements further give the impression of an arts park. We have incorporated everything from swings, to splash pads, to green roofs, to amphitheaters for outdoor film screenings and puppet theater. Pretty much anything you want to do can be accommodated including the sponsoring of the space for parties, wine tastings, art exhibits cocktail hours, quinces, bar mitzvahs and weddings. The list can literally go on forever.
Our recommendation to Village is to congratulate itself for a process that delivered. It delivered on the promise to make the evolution of the outcome transparent and available to anyone that wanted to participate. This is evidenced by the great turnout for the two public workshops. It is also successful because most to community commentary has been incorporated into the project plan and is ready for review and hopefully endorsement by the Village Council. The process worked and that is a big accomplishment. Secondly, the planning principles and proposed designs ideas reflect the attitude of the Village as a sophisticated and energized community. The plan illustrates space and form and activities that have been generally been agreed to by the community attending and are ready for the next steps towards design and implementation. The next steps, after acceptance of this effort, are to begin the design and implementation process that will go deeper into the issues of phasing, design, cost and schedule. Design and documents need to be prepared and permits attained which can be a time consuming process. There needs to be final confirmation on the relocation of the Public works building since that will be the first necessary step in clearing the site for Phase one. Infrastructure and utilities will need to be validated to make sure that they do not fall in unexpected locations. In short, there are many steps to getting a project like this executed and the first steps of design and validation should begin as soon as possible.
The future potential for the sports activities building is likewise rich and diverse. We have proposed in a way where it can support a full court basketball game, with articulation to break down into smaller courts, yoga, racket sports etc. It can be one story above parking or even two or more. It can accommodate a rooftop gathering space as well. Since this will be in phase two there is time to fine tune the ultimate program. n
RENDERING AERIAL-1 PARKING
SITE PLAN OPTION 1 GROUND FLOOR 1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE ACTIVITIES 4-EXERCISE PATH 5-WATER TAXI / KAYAK LAUNCH 6-BOARDWALK / WATERFRONT 7-COVERED VISITORS PARKING 8-EXISTING UTILITIES TO REMAIN 9-COMMUNITY CENTER 10-COVERED WALKWAY AND TERRACES 11-ACCESS/CONTROL 12-POSSIBLE ENTRANCE FROM SECURITY DISTRICT 13-FURNITURE 14-HARDSCAPE MULTIPURPOSE 15-TEMPORARY EVENT CANOPY
12
9
?
10 2
14
13
5 6
3
10 4
8
5
11
15 6
7
3 1
MAX. GREEN AREA AMONG OPTIONS TOTAL OF 35,520 SF
SITE PLAN OPTION 1 SECOND FLOOR 1-MULTIPURPOSE ROOM 2-OFFICES 3-BREAK AREA 4-OUTDOOR TERRACE 5-BASKETBALL COURT
3 4
1
2
5
COMMUNITY CENTER TOTAL AREA 9,788 SF (PREVIOUS 6,587 SF) 5817SF
GROUND FLOOR A/C SPACE 5,817 SF
3971 SF 2120 SF
No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2018.
SECOND FLOOR A/C SPACE 3,971 SF
Scale: 1"=100' 100 N Biscayne Blvd . 27th Fl Miami . FL 33132.2304 t 305.372.5222 f 305.577.4521
March 21, 2018 e
[email protected] w www.zyscovich.com
RECREATION CENTER TOTAL AREA 18,588 SF
25 PK
GROUND FLOOR: PARKING: 25 SPACES
ductions, or electronic revisions of any portions of these drawings in whole or in s written permission of Zyscovich Architects. All designs indicated in these ich Architects. All copyrights reserved © 2018.
No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2018.
2ND FLOOR: 9,294 SF Scale: 1"=100'
March 16, 2018
No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made the express 100 without N Biscayne Blvd . 27th Fl written permission of Zyscovich Architects. All designs indicated in these Miami . FL 33132.2304 e
[email protected] drawings are property of Zyscovich Architects. All copyrights reserved © 2018. t 305.372.5222 f 305.577.4521
w www.zyscovich.com
March 26, 2018
3RD FLOOR: 9,294 SF Scale: 1"=100'
100 N Biscayne Blvd . 27th Fl Miami . FL 33132.2304 t 305.372.5222 f 305.577.4521
e
[email protected] w www.zyscovich.com
RENDERING AERIAL-2 PARKING
SITE PLAN OPTION 2 GROUND FLOOR
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE ACTIVITIES 4-EXERCISE PATH 5-WATER TAXI / KAYAK LAUNCH 6-BOARDWALK / WATERFRONT 7-COVERED VISITORS PARKING 8-EXISTING UTILITIES TO REMAIN 9-COMMUNITY CENTER 10-COVERED WALKWAY AND TERRACES 11-ACCESS/CONTROL 12-POSSIBLE ENTRANCE FROM SECURITY DISTRICT 13-FURNITURE 14-HARDSCAPE MULTIPURPOSE 15-TEMPORARY EVENT CANOPY
12
9
?
10 2
14
13
5 6
3
10 4
8
5
11
15 6
7
3 1
MAX. GREEN AREA AMONG OPTIONS TOTAL OF 35,520 SF
SITE PLAN OPTION 2 SECOND FLOOR 1-MULTIPURPOSE ROOM 2-OFFICES 3-BREAK AREA 4-BASKETBALL COURT
3 1
1
2
4
SITE PLAN OPTION 2 THIRD FLOOR 1-OUTDOOR TERRACE 2-COVERED TERRACE 3-GYM 4-CLASS/WORKOUT ROOM 5-LAP POOL 6-LOCKER ROOMS
1
2
3
6
5 4
OPTION 2 COMMUNITY CENTER TOTAL AREA 12,163 SF (PREVIOUS 6,587 SF) 5817SF
GROUND FLOOR A/C SPACE 5,817 SF
Scale: 1"=100'
6346SF
No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2018.
SECOND FLOOR A/C SPACE 6,346 SF
4874SF
100 N Biscayne Blvd . 27th Fl Miami . FL 33132.2304 t 305.372.5222 f 305.577.4521
covered March 21, 2018 area e
[email protected] w www.zyscovich.com
THIRD FLOOR OUTDOOR TERRACE 4,874 SF
RECREATION CENTER TOTAL AREA 18,588 SF
25 PK
GROUND FLOOR: PARKING: 25 SPACES
ductions, or electronic revisions of any portions of these drawings in whole or in s written permission of Zyscovich Architects. All designs indicated in these ich Architects. All copyrights reserved © 2018.
No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2018.
2ND FLOOR: 9,294 SF Scale: 1"=100'
March 16, 2018
No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made the express 100 without N Biscayne Blvd . 27th Fl written permission of Zyscovich Architects. All designs indicated in these Miami . FL 33132.2304 e
[email protected] drawings are property of Zyscovich Architects. All copyrights reserved © 2018. t 305.372.5222 f 305.577.4521
w www.zyscovich.com
March 26, 2018
3RD FLOOR: 9,294 SF Scale: 1"=100'
100 N Biscayne Blvd . 27th Fl Miami . FL 33132.2304 t 305.372.5222 f 305.577.4521
e
[email protected] w www.zyscovich.com
RENDERING AERIAL-1 PARKING
RENDERING AERIAL-1 PARKING
BAL HARBOUR
VILLAGE PARK
V I L L A G E PA R K O P T I O N S 11.27.2017
OPTION 1A: DEMO EXISTING VILLAGE HALL OPTION 1B: KEEP FACADE OF EXISTING VILLAGE HALL
COLLINS AVENUE SITE 39,135 sf -OPEN AREA =22,760 SF -86 PK SPACES IN 2 LEVELS UNDERGROUND
6
10
11
13 3
1
8 2 6,248 SF
7,489 SF
9 7 3
12
10,133 SF
5
WATERFRONT SITE 67,017 sf -OPEN AREA=47,070 sf -40 PK PROVIDED FOR VISITORS & PUBLIC WORKS
OPTION 1 - GROUND FLOOR
4
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf 12-PUBLIC WORKS +/-3,000 SF IN 2 FLRS 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS FACING COLLINS
OPTION 1A: DEMO EXISTING VILLAGE HALL OPTION 1B: KEEP FACADE OF EXISTING VILLAGE HALL
30 PK
12
14 PK
WATERFRONT SITE
OPTION 1 - SECOND FLOOR
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN 10-DROP OFF AREA 11-COMMUNITY CENTER 12-PUBLIC WORKS 13-VILLAGE HALL
OPTION 1A: DEMO EXISTING VILLAGE HALL OPTION 1B: KEEP FACADE OF EXISTING VILLAGE HALL
OPTION 1 - RENDERING
OPTION 1A: DEMO EXISTING VILLAGE HALL OPTION 1B: KEEP FACADE OF EXISTING VILLAGE HALL
COLLINS AVENUE SITE 39,135 sf -OPEN AREA =22,760 SF -86 PK SPACES IN 2 LEVELS UNDERGROUND
11 6
13
1
3 2 3
4
9 7 5
8
WATERFRONT SITE 67,017 sf -OPEN AREA=45,673 sf -40 PK PROVIDED FOR VISITORS & PUBLIC WORKS
OPTION 1.1 - SITE PLAN
12 1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf 12-PUBLIC WORKS +/-3,000 SF IN 2 FLRS 13-VILLAGE HALL /-34,000 SF IN 3 FLRS FACING COLLINS
OPTION 1A: DEMO EXISTING VILLAGE HALL OPTION 1B: KEEP FACADE OF EXISTING VILLAGE HALL
OPTION 1.1 - RENDERING
OPTION 2A: DEMO EXISTING VILLAGE HALL COLLINS AVENUE SITE 39,135 sf -OPEN AREA =22,760 SF -86 PK SPACES IN 2 LEVELS UNDERGROUND
11
6
13
1
3 3
2
4
9 7 3
5
WATERFRONT SITE 67,017 sf -OPEN AREA=64,507 sf -31 PK PROVIDED FOR VISITORS ALL AT VH SITE
OPTION 2 - SITE PLAN
8
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf 12-PUBLIC WORKS OFFSITE 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS FACING COLLINS
OPTION 2A: DEMO EXISTING VILLAGE HALL OPTION 2B: KEEP FACADE OF EXISTING VILLAGE HALL
OPTION 2- RENDERING
OPTION 3A: DEMO EXISTING VILLAGE HALL COLLINS AVENUE SITE 39,135 sf -OPEN AREA =22,760 SF -86 PK SPACES IN 2 LEVELS UNDERGROUND
6 13 12
3
11
1
3
2 9 7
3 4 5
WATERFRONT SITE 67,017 sf -OPEN AREA=48,045 sf -43 PK PROVIDED FOR VISITORS & PUBLIC WORKS
OPTION 3 - SITE PLAN
8
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf 12-PUBLIC WORKS +/-3,000 SF IN 2 FLRS 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS FACING COLLINS
OPTION 3A: DEMO EXISTING VILLAGE HALL
OPTION 3- RENDERING
OPTION 3.1 A: DEMO EXISTING VILLAGE HALL EXISTING UTILITES TO BE RELOCATED
COLLINS AVENUE SITE 39,135 sf -OPEN AREA =22,760 SF -86 PK SPACES IN 2 LEVELS UNDERGROUND
5 3
13
34,200 SF
2 1
7
3
3
4
11 12 8
6
WATERFRONT SITE 67,017 sf -OPEN AREA=50,202 sf -44 PK PROVIDED FOR VISITORS & PUBLIC WORKS
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN (NOT APPLICABLE) 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf 12-PUBLIC WORKS OFFSITE 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS FACING COLLINS
OPTION 3 .1 ALTERNATE: REC & PUBLIC WORKS TOWARDS THE SOUTH - GROUND FLOOR
OPTION 4A: DEMO EXISTING VILLAGE HALL OPTION 4B: KEEP FACADE OF EXISTING VILLAGE HALL
COLLINS AVENUE SITE 39,135 sf
EXISTING UTILITES TO BE RELOCATED
-OPEN AREA =31,938 SF -16 PK PROVIDED FOR VISITORS
1&2
13
6
8
8
4
3
11
5 7
3 3
3
13
13
8
WATERFRONT SITE 67,017 sf -OPEN AREA=30,286 sf -81PK PROVIDED FOR VILLLAGE HALL, VISITORS & PUBLIC WORKS
12
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN (NOT APPLICABLE) 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf FACING COLLINS AVE. 12-PUBLIC WORKS +/-3,000 SF IN 2 FLRS 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS @ WATERFRONT SITE
OPTION 4: NEW VILLAGE HALL IN WATERFRONT SITE - GROUND FLOOR
OPTION 4A: DEMO EXISTING VILLAGE HALL OPTION 4B: KEEP FACADE OF EXISTING VILLAGE HALL EXISTING UTILITES TO BE RELOCATED
louver door (typ.)
TRANSFORMER VAULT 500 to 750 KVA
ELEC ROOM
50 PK
WATERFRONT SITE
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN (NOT APPLICABLE) 10-DROP OFF AREA 11-COMMUNITY CENTER 4,500 sf FACING COLLINS AVE. 12-PUBLIC WORKS +/-3,000 SF IN 2 FLRS 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS @ WATERFRONT SITE
OPTION 4: NEW VILLAGE HALL IN WATERFRONT SITE - SECOND FLOOR
OPTION 4A: DEMO EXISTING VILLAGE HALL OPTION 4B: KEEP FACADE OF EXISTING VILLAGE HALL EXISTING UTILITES TO BE RELOCATED
louver door (typ.)
TRANSFORMER VAULT 500 to 750 KVA
ELEC ROOM
50 PK
WATERFRONT SITE
1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-DOG PARK 6-WATER TAXI/POLICE DOCK 7-BOARDWALK 8-PUBLIC PARKING 9-EXISTING UTILITIES TO REMAIN (NOT APPLICABLE) 10-DROP OFF AREA 11-RECREATION CENTER 4,500 sf FACING COLLINS AVE. 12-PUBLIC WORKS +/-3,000 SF IN 2 FLRS 13-VILLAGE HALL +/-34,000 SF IN 3 FLRS @ WATERFRONT SITE
OPTION 4: NEW VILLAGE HALL IN WATERFRONT SITE - THIRD FLOOR
OPTION 4A: DEMO EXISTING VILLAGE HALL OPTION 4B: KEEP FACADE OF EXISTING VILLAGE HALL EXISTING UTILITES TO BE RELOCATED
OPTION 4- RENDERING
OPTION 4- COMMUNITY CENTER AT COLLINS SITE
OPTION 1-3 VILLAGE HALL AT COLLINS SITE
Option 1
Option 1.1
Option 3.1
Option 4
Option 2
Option 3
COLLINS SITE Options 1-3 Open Space 22,760 sf
COLLINS SITE Option 4 Open Space 31,938 sf
Scale: 1"=100' No copies, transmissions, reproductions, or electronic revisions of any portions of these drawings in whole or in part be made without the express written permission of Zyscovich Architects. All designs indicated in these drawings are property of Zyscovich Architects. All copyrights reserved © 2017.
OPTIONS GREEN AREA COMPARISON
100 N Biscayne Blvd . 27th Fl Miami . FL 33132.2304 t 305.372.5222 f 305.577.4521
November 28, 2017 e
[email protected] w www.zyscovich.com
BAL HARBOUR
VILLAGE PARK
DESIGN WORKSHOP 1 01.29.2017
MIAMI BEACH CONVENTION CENTER DISTRICT REDEVELOPMENT PLAN & UPDATE MIAMI BEACH, FL
SOUNDSCAPE MIAMI BEACH, FL
MIAMI, FL
NE 62ND ST NE 2ND AVE
LITTLE HAITI CULTURAL CENTER AND LITTLE HAITI SOCCER PARK
NE 61ST ST NE 59TH TER NE 59TH ST
WATERFRONT PARK, WORLD OF POSSIBILITIES
HUNTER’S POINT SOUTH, NY
Bal Harbour Shops
DR
96
SITE 67,017 SF
TH
ST
BAL BAY
USES: 1. ARTS/COMMUNITY RELATED/MULTI-USE SPACES 2. PASSIVE ACTIVITIES 3. SPORTS/PLAYGROUNDS 4. WATERFRONT/BOARDWALK
ARTS/COMMUNITY RELATED/FLEXIBLE SPACE RECREATION CENTERS
1
ARTS/COMMUNITY RELATED/MULTI-USE PUBLIC ART/ TEMPORARY EXPOS/ MARKETS /EVENTS
1
ARTS/COMMUNITY RELATED/MULTI-USE PUBLIC ART/ TEMPORARY EXPOS/ MARKETS /EVENTS
1
ARTS/COMMUNITY RELATED/MULTI-USE ROOF DECKS
1
PASSIVE ACTIVITIES
2
PASSIVE ACTIVITIES
2
SPORTS/ PLAYGROUND CHILDREN PLAYGROUND
3
SPORTS/ PLAYGROUND CHILDREN PLAYGROUND
3
SPORTS/ PLAYGROUND CHILDREN PLAYGROUND
3
SPORTS/ PLAYGROUND TEEN PLAYGROUND
3
SPORTS/ PLAYGROUND ADULT PLAYGROUND
3
SPORTS/ PLAYGROUND ADULT PLAYGROUND
3
SPORTS/ PLAYGROUND OUTDOOR EXERCISE
3
SPORTS/ PLAYGROUND
COVERED VS NOT COVERED SPORTS COURTS
3
WATERFRONT
4
WATERFRONT
4
WATERFRONT
4
WATERFRONT
4
LIGHT/TECHNOLOGY
LIGHT/TECHNOLOGY
FURNITURE
FURNITURE
LANDSCAPE/TEXTURES
LANDSCAPE/HARDSCAPE LUSH VS PLAIN
3
LANDSCAPE/HARDSCAPE LINEAR / ORGANIC
WATER
PASSIVE/ACTIVE
CANOPIES/SHADES
CANOPIES/SHADES TRADITIONAL VS MODERN
3
PARKING
1.
1.BASKETBALL
2.
2.TENNIS 3.
1.
3.VOLLEYBALL 4.
4.SOCCER
SITE PLAN 1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE USES 4-BASKETBALL COURT 5-WATER TAXI / KAYAK LAUNCH 6-BOARDWALK / WATERFRONT 7-PUBLIC PARKING 8-EXISTING UTILITIES TO REMAIN 9-COMMUNITY CENTER 5,000 sf 9 1
5
3
6
4 8
6
2
3
7
BAL HARBOUR
VILLAGE PARK
DESIGN WORKSHOP 2 03.05.2018
NOTES MEETING 01/29/2018
1
2
3
4
5
6
EXISTING CONDITIONS
SITE PLAN-A TOTAL AREA 6,587 SF
GROUND FLOOR A/C SPACE 4,500 SF 1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE ACTIVITIES 4-EXERCISE PATH 5-WATER TAXI / KAYAK LAUNCH 6-BOARDWALK / WATERFRONT 7-VISITORS PARKING 8-EXISTING UTILITIES TO REMAIN 9-COMMUNITY CENTER 10-COVERED WALKWAY AND TERRACES 11-ACCESS/CONTROL 12-POSSIBLE ENTRACE FROM SECURITY DISTRICT 13-FURNITURE 14-HARDSCAPE MULTIPURPOSE 15-BASKETBAL COURT
14
9
12
?
10 2 13
6
3
10
4
8
5
6
15
11
7
3 1
10% GREEN AREA/HARDSCAPE LOST IN COMPARISON TO OPTION C
SITE PLAN-B TOTAL AREA 6,587 SF
GROUND FLOOR A/C SPACE 4,500 SF 1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE ACTIVITIES 4-EXERCISE PATH 5-WATER TAXI / KAYAK LAUNCH 6-BOARDWALK / WATERFRONT 7-VISITORS PARKING 8-EXISTING UTILITIES TO REMAIN 9-COMMUNITY CENTER 10-COVERED WALKWAY AND TERRACES 11-ACCESS/CONTROL 12-POSSIBLE ENTRANCE FROM SECURITY DISTRICT 13-FURNITURE 14-HARDSCAPE MULTIPURPOSE 15-BASKETBALL COURT
12
9 10 2
14
13
6
10 3
4
8
5
6
11
7
15 1
15% GREEN AREA LOST IN COMPARISON TO OPTION C
?
SITE PLAN-C TOTAL AREA 6,587 SF
GROUND FLOOR A/C SPACE 4,500 SF 1-KIDS PLAYGROUND 2-SPLASH PAD/FOUNTAINS 3-PASSIVE ACTIVITIES 4-EXERCISE PATH 5-WATER TAXI / KAYAK LAUNCH 6-BOARDWALK / WATERFRONT 7-COVERED VISITORS PARKING 8-EXISTING UTILITIES TO REMAIN 9-COMMUNITY CENTER 10-COVERED WALKWAY AND TERRACES 11-ACCESS/CONTROL 12-POSSIBLE ENTRANCE FROM SECURITY DISTRICT 13-FURNITURE 14-HARDSCAPE MULTIPURPOSE 15-TEMPORARY EVENT CANOPY
12
9
?
10 2
14
13
5 6
3
10 4
8
5
11
15 6
7
3 1
MAX. GREEN AREA AMONG OPTIONS TOTAL OF 35,520 SF
SITE PLAN C SECOND FLOOR A/C SPACE 1,922 SF 1-MULTIPURPOSE ROOM 2-OFFICES 3-BREAK AREA 4-OUTDOOR TERRACE 5-BASKETBALL COURT
3 4
1
2
5
PLAYGROUND
SMALL CHILDREN INDOOR/OUTDOORS
1
2
PLAYGROUND PARKING SMALL CHILDREN INDOORS
1
PLAYGROUND CHILDREN OUTDOORS
2
PLAYGROUND CHILDREN OUTDOORS
2
PASSIVE ACTIVITIES
1
2 3
PASSIVE ACTIVITIES PARKING SPLASH PAD
1
PASSIVE ACTIVITIES COVERED WALKWAYS
2
PASSIVE ACTIVITIES HARDSCAPE
2
PASSIVE ACTIVITIES EVENTS
3
WATERFRONT
2
1
2
1
WATERFRONT
1
WATERFRONT
1
WATERFRONT
EXTEND BOARDWALK/DOCK PAST EXISTING BULKHEAD
2
COMMUNITY CENTER
GROUND FLOOR A/C SPACE 4500 SF
5 4
3 2 1 7
6
1-RECEPTION 2-INDOOR KIDS PLAY AREA 3-MULTIPURPOSE ROOMS, 1382 SF 4-KITCHEN 5-STORAGE 6-SPLASH PAD 7-COVERED TERRACE
COMMUNITY CENTER
SECOND FLOOR A/C SPACE 2087 SF
2
3
2
4 1
1-MULTIPURPOSE ROOM, 610 SF 2-OFFICES 3-BREAK ROOM STAFF 4-OUTDOOR TERRACE 2550 SF
COMMUNITY CENTER FLEXIBLE SPACES
RENDERING AERIAL-A PARKING
RENDERING AERIAL-C
RENDERING REC CENTER PARKING
RENDERING COVERED WALKWAY-C PARKING
RENDERING STAGE SEATING-C PARKING
RENDERING NO STAGE-C PARKING
RENDERING SECOND FLOOR OUTDOOR TERRACE-C PARKING
SITE PLAN PHASE 1
BAL HARBOUR
VILLAGE PARK
03.28.2018
NOTES MEETING 03/05/2018
1
2
RESOLUTION NO. 2018A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TO ALLOW THE VILLAGE, PURSUANT TO SECTION 8CC-11 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES, TO ENFORCE SECTION 21-81 OF THE MIAMI DADE COUNTY CODE; PROVIDING FOR NECESSARY AUTHORIZATION, IMPLEMENTATION AND AN EFFECTIVE DATE. WHEREAS, the Village of Bal Harbour (the “Village”), being a municipality within Miami-Dade County (the “County”), is entitled to enforce Section 21-81 of the County Code of Ordinances (the “County Code”) by entering into an interlocal agreement with the County pursuant to Section 8CC-11 of the County Code; and WHEREAS, the Village desires the authority to issue civil violation notices and otherwise enforce the provisions of Section 21-81 of the County Code; and WHEREAS, executing an interlocal agreement, in substantially the same form attached hereto as Exhibit “A” (the “Interlocal Agreement”), between the Village and the County for purposes of enforcing Section 21-81 of the County Code is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Section 1. and confirmed.
Recitals Adopted. That the above stated recitals are hereby adopted
Section 2. Authorization. That the Village Council authorizes the Village Manager to finalize and execute an interlocal agreement, in substantially the same form attached hereto as Exhibit “A,” with the County to authorize the Village to enforce the provisions of Section 21-81 of the County Code, subject to the Village Attorney’s approval as to form, content and legal sufficiency. Section 3. Implementation. That the Village Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon the adoption hereof.
PASSED AND ADOPTED this ___ day of ____________, 2018.
Mayor Gabriel Groisman
ATTEST: Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Village Attorney Weiss Serota Helfman Cole & Bierman, P.L.
2
Exhibit “A”
3
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY, FLORIDA AND THE BAL HARBOUR VILLAGE FOR THE ENFORCEMENT OF SECTION 8CC OF THE MIAMI-DADE COUNTY CODE AS IT RELATES TO SECTION 21-81 OF THE MIAMI-DADE COUNTY CODE This Interlocal Agreement (“Agreement”) is made and entered this _____ day of _____________, 2018, by and between MIAMI-DADE COUNTY, FLORIDA, a political subdivision of the State of Florida (hereafter "COUNTY") and the BAL HARBOUR VILLAGE, a Florida municipal corporation (hereafter "VILLAGE"). WITNESSETH WHEREAS, Section 21-81 of the Code of Miami-Dade County (“Code”) applies to all municipalities in the County and is enforced, in part, through civil penalties under Section 8CC of the Code; and WHEREAS, municipalities in the County may enforce the provisions of Section 2181 of the Code, pursuant to Section 8CC-11 upon the adoption by the County and municipalities of an interlocal agreement which contains (1) the sections of the Code which the municipality is entitled to enforce, (2) the job title of the agents of the municipality authorized to perform the enforcement functions, (3) the amount reimbursable to the County for administrative costs, (4) the amount of revenue reimbursable to the municipality from any fine collected, (5) an agreement to indemnify and hold the County harmless from and against any liability, actions or causes of actions
1
related to the municipality’s enforcement, and (6) contain a term not to exceed three (3) years; and WHEREAS, the parties agree that it is in their mutual best interests and the best interests of the citizens of the COUNTY and the VILLAGE to have the VILLAGE enforce the provisions of Section 21-81 of the Code through Section 8CC, NOW, THEREFORE, IN CONSIDERATION of the mutual benefits derived here from and in compliance with Section 8CC-11 of the Code, the parties covenant and agree as follows: I.
CODE SECTIONS SUBJECT TO ENFORCEMENT The VILLAGE is authorized to enforce Section 21-81 of the Code in accordance
with the provisions of Section 8CC of the Code, including but not limited to the ability to issue civil violation notices under Section 8CC-10 of the Code for violations of Section 2181(d)1 through and including 21-81(d)7 of the Code, within its municipal boundaries. Notwithstanding this authorization, nothing in this Agreement shall be construed to limit, supersede, or remove the independent authority of the COUNTY to enforce such provisions. II.
AUTHORIZED AGENTS All law enforcement officers as defined by Florida State Statute 943.10(1) that are
employed by the VILLAGE are authorized by this Agreement to perform the enforcement functions outlined in, and in accordance with, this Agreement. III.
AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS RELATED TO THE CONDUCT OF HEARINGS ON APPEALS
2
The VILLAGE shall reimburse the COUNTY for the administrative costs relating to the conduct of hearings on appeals from violations as outlined in Section I above and shall also be responsible for reimbursing the County for any attorney’s fees and costs, including the costs of transcripts and clerical costs, incurred in such proceedings. Such funds shall be payable to Miami-Dade County within thirty (30) days of receipt of an invoice for such services. IV.
AMOUNT OF REVENUE REIMBURSABLE TO THE VILLAGE FROM THE FINE COLLECTED The CLERK OF COURTS will reimburse on a quarterly basis to the VILLAGE the
fines collected from the issuance of civil violation notices for violations of Section 21-81 of the Code as set forth in Section 8CC.
Prior to the reimbursement, the CLERK OF
COURTS will deduct 17% - 20% from the fines collected for their administrative costs of processing the civil violation notices. Should the violator opt to enter the Miami-Dade County Diversion Program as set forth in Implementing Order 2-12, the COUNTY shall keep the entire processing fee paid by the violator. V.
TERM OF AGREEMENT This Agreement shall be in full force and effect from the date of the final execution
by either party and shall continue for three (3) years. At the expiration of the three (3) year period the COUNTY and the VILLAGE may enter a new interlocal agreement as required by section 8CC-11 of the Miami-Dade County Code in order for the VILLAGE to continue its enforcement efforts. VI.
VILLAGE INDEMNIFICATION
3
Subject to the limitations set forth in Section 768.28, F.S., and all applicable laws, the VILLAGE shall indemnify and hold harmless the COUNTY from and for any losses, claims, causes of action or damages of any nature whatsoever, arising from the act, omission or performance or failure of performance of the VILLAGE or the VILLAGE’s agents, contractors, servants and employees hereunder relative to the enforcement of the provisions of Section 21-81 of the Code pursuant to Section 8CC of the Code. The VILLAGE shall defend the COUNTY in any action including any action in the name of the COUNTY. VII.
DEFAULT A. Without limitation, the failure by the VILLAGE to substantially fulfill any of its material obligations in accordance with this Agreement shall constitute a “Municipal Default”. If a Municipal Default should occur, the COUNTY shall have all the following rights and remedies which may be exercised singly or in combination: 1.
The right to declare that this Agreement together with all rights
granted to the VILLAGE thereunder are terminated, effective upon such date as is designated by the COUNTY. Provided, however, that the COUNTY shall give VILLAGE a period of thirty (30) days after receipt of the written notice from the COUNTY of said default to cure any Municipal Default unless the COUNTY determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the VILLAGE commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to
4
completion and to the COUNTY’s reasonable satisfaction, then it shall be deemed that no Municipal Default shall have occurred under the provisions of this paragraph. 2. B.
Any and all rights provided under the laws of the State of Florida.
Without limitation, the failure by the COUNTY to substantially fulfill any of
its material obligations in accordance with this Agreement shall constitute a “County Default.” If a County Default should occur, the VILLAGE shall have all of the following rights and remedies which it may exercise singly or in combination: 1.
The right to declare that this Agreement together with all rights
granted to the COUNTY thereunder are terminated, effective upon such date as is designated by the VILLAGE. Provided, however, that the VILLAGE shall give the COUNTY a period of thirty (30) days after receipt of written notice from the VILLAGE of said default to cure any County Default unless the VILLAGE determines, in its sole and absolute discretion, that the nature of the default is such that it cannot be cured in a period of thirty (30) days from the date of the default. If the COUNTY commences reasonable efforts to cure such default no later than thirty (30) days after such notice, and such efforts are prosecuted to completion and to the VILLAGE’s reasonable satisfaction, then it shall be deemed that no County Default shall have occurred under the provisions of this paragraph. 2. VIII.
Any and all rights provided under the laws of the State of Florida.
CANCELLATION Notwithstanding the above, this agreement may be terminated by either the
COUNTY or the VILLAGE upon thirty (30) days written notice.
5
IX.
GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. The COUNTY and the VILLAGE agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. X.
ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto and their authorized representatives. XI.
HEADINGS Captions and headings in this Agreement are for ease of reference only and do
not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein.
6
XII.
RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any
person other than the parties hereto any rights or remedies under or by reason of this Agreement. XIII.
REPRESENTATION OF THE VILLAGE The VILLAGE represents that: (i) this Agreement has been duly authorized,
executed and delivered by the governing body of the VILLAGE or its designee; and (ii) it has the required power and authority to perform this Agreement. XIV.
REPRESENTATION OF COUNTY The COUNTY represents that: (i) this Agreement has been duly authorized,
executed and delivered by the governing body of the COUNTY or its designee; and (ii) the County has the required power and authority to perform this Agreement. XV.
WAIVER There shall be no waiver of any right related to this Agreement unless in writing
signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. XVI.
INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
7
remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. XVII.
NOTICE Notices to VILLAGE provided for herein shall be sufficient if sent by Federal
Express or certified mail, return receipt requested, postage prepaid, addressed to: Jorge M. Gonzalez, Village Manager Bal Harbour Village 655 - 96th Street Bal Harbour, Florida 33154 with copy to: Village Attorney Susan L. Trevarthen Weiss Serota Helfman Cole & Bierman 200 E Broward Blvd Ste 1900 Fort Lauderdale, FL 33301-1949 and notices to COUNTY, if sent by Federal Express or certified mail, return receipt requested, postage prepaid addressed to: County Mayor Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street, 29th Floor Miami, FL 33128 with copy to: County Attorney Miami-Dade County Stephen P. Clark Center 111 N.W. 1st Street, 28th Floor Miami, FL 33128 Or such other respective address as the parties may designate to each other in writing from time to time.
8
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. MIAMI-DADE COUNTY
_________________________________________ Carlos A. Gimenez, Mayor Date
ATTEST:
_________________________________________ Harvey Ruvin, County Clerk Date Miami-Dade County, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
_________________________________________ Christopher A. Angell Assistant County Attorney Miami-Dade County, Florida BAL HARBOUR VILLAGE ______________________________Date: Jorge M. Gonzalez Village Manager ATTEST:
________________________________ Date:
9
Date
Dwight S. Danie Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
_________________________________________ Susan L. Trevarthen, Village Attorney Weiss Serota Helfman Cole & Bierman P.L.
10
RESOLUTION NO. 2018A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE AGREEMENT BETWEEN THE VILLAGE AND NEXTRAN TRUCK CENTER FOR THE PURCHASE OF A 2018 MACK GRANITE 64FR (GU713) GRAPPLE TRUCK WITH A PETERSEN ATLAS GRAPPLE AS DETAILED WITHIN PROPOSAL NO. FSA17-VEH15.0 SPEC#15, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY THREE THOUSAND FOUR HUNDRED ONE DOLLARS ($233,401); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village currently owns a year 2000 Mack Grapple Truck, with over one hundred fifteen thousand miles (115,000), that is utilized for random bulk pickup needs, tree emergencies, and hurricane cleanup efforts; and WHEREAS, the unit is in need of extensive repairs to the bed of the truck, the lifting unit, and the engine, estimated at over fifty thousand dollars ($50,000); and WHEREAS, research identified existing cooperative purchasing agreements from the National Joint Powers Alliance (NJPA), and the other from the Florida Sheriffs Association and Florida Association of Counties (FAC) ; and WHEREAS, the Nextran Truck Center submitted proposal No. FSA17-VEH15.0 SPEC#15, which included an extended five (5) year warranty for the engine and transmission for a total cost of two hundred thirty three thousand four hundred one dollars ($233,401) for the requested grapple truck in the desired configuration and WHEREAS, the proposal No. FSA17-VEH15.0 SPEC#15 was obtained through a cooperative bid Florida Sheriffs Association and Florida Association of Counties (FAC); and WHEREAS, this Council has determined that it is in the best interest of the Village to enter into an agreement with the Nextran Truck Center, for the provision of the 2018 Mack Granite 64FR (GU713) with a Petersen Atlas Grapple as detailed within the proposal No. FSA17-VEH15.0 SPEC#15, in the amount not to exceed two hundred thirty three thousand four hundred one dollars ($233,401). NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed.
Bal Harbour Village – Resolution No. 2018-
1
Section 2. Agreement Approved. That the agreement with the Nextran Truck Center, for the provision of the 2018 Mack Granite 64FR (GU713) with a Petersen Atlas Grapple as detailed within the proposal No. FSA17-VEH15.0 SPEC#15, in the amount not to exceed two hundred thirty three thousand four hundred one dollars ($233,401), in substantially the form attached hereto as Exhibit “A”, is hereby approved and the Village Manager is hereby authorized to execute the agreement on behalf of the Village. Section 3. Expenditure Approved for Grapple Truck Procurement. That the expenditure of identified budgeted funds for the provision of the 2018 Mack Granite 64FR (GU713) with a Petersen Atlas Grapple as detailed within the proposal No. FSA17VEH15.0 SPEC#15, in the amount not to exceed two hundred thirty three thousand four hundred one dollars ($233,401) is hereby approved. Section 4. Implementation. That the Village Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 5. Effective Date. That this Resolution shall take effect immediately upon the adoption hereof.
Bal Harbour Village – Resolution No. 2018-
2
PASSED AND ADOPTED this 15th day of May, 2018.
Mayor Gabriel Groisman
ATTEST: Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Village Attorney Weiss Serota Helfman Cole & Bierman, P.L.
Bal Harbour Village – Resolution No. 2018-
3
Village of Bal Harbour Purchase Agreement This Purchase Agreement (the “Agreement”) is made and entered into as of the ____ day of _______, 2018 (the “Effective Date”) by and between Bal Harbour Village, a Florida municipality (the “Village”) and Nextran Truck Center (“Contractor”) with each being referred to herein as a Party or collectively as the “Parties.” WHEREAS, the Village researched cooperative bidding quotes for a Mack Truck Chassis and Atlas Grapple Attachment; and WHEREAS, the Village received two (2) quotes from the National Joint Powers Alliance, and the Florida Sheriffs Association and Florida Association of Counties through the Nextran Truck Center; and WHEREAS, the Village has determined that the purchase of a 2018 Mack Granite 64FR (GU713) with a Petersen Atlas Grapple through the Florida Sherrif’s Association and Florida Association of Counties bid No. FSA17-VEH15.0 SPEC #15 is in the best interest of the Village; and WHEREAS, Contractor’s proposal includes warranties as outlined in the Agreement; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants set forth below, the Village and Contractor agree as follows: I.
EQUIPMENT. Contractor shall provide a 2018 Mack Granite 64FR (GU713) Grapple Truck with a Petersen Atlas Grapple Attachment incorporated herein and attached hereto as Exhibit “A.” (collectively, the “Equipment”)
II.
TERM. The term of this Agreement (the “Term”) shall commence upon execution of this Agreement by all parties hereto, which shall be the Effective Date on page 1 hereof, and shall terminate upon acceptance of the equipment by the Village.
III.
TERMINATION. A. Termination for Cause. If a Party fails to fulfill in a timely manner, or otherwise violates or defaults upon, any of the covenants, agreements, or stipulations material to this Agreement, the non-defaulting Party, shall thereupon have the right to
terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the non-defaulting Party shall notify the defaulting Party of its violation of the particular term(s) of this Agreement, and shall grant the defaulting Party ten (10) business days to cure such default. If such default remains uncured after ten (10) business days, the nondefaulting Party may terminate this Agreement without further notice to defaulting Party. Upon termination, the non-defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement. Notwithstanding the above, Contractor shall not be relieved of liability to the Village for damages sustained by the Village by virtue of any breach of the Agreement by the Contractor. The Village, at its sole option and discretion, shall be entitled to bring any and all legal or equitable actions that it deems to be in its best interest in order to enforce the Village’s rights and remedies against Contractor. The Village shall be entitled to recover all costs of such actions, including reasonable attorney’s fees.
IV. TITLE/RISK OF LOSS The title and risk of loss of equipment shall not pass to Village until Village accepts the equipment at the point of delivery. V.
NO REPLACEMENT OF DEFECTIVE TENDER Every tender of equipment shall fully comply with the provisions herein. If a tender is made that does not fully conform, it shall constitute a breach of this Agreement and Contractor shall not have the right to substitute a conforming tender. No other equipment other than the equipment listed in Exhibit “A” shall be accepted by the Village.
VI.
INSPECTION All equipment is subject to final inspection and acceptance by the Village, which shall occur within thirty (30) days after delivery at which time equipment will be deemed accepted. Equipment failing to meet the requirements of this Agreement shall be at Contractor’s risk and may be returned to Contractor, at Contractor’s sole expense.
VII.
INVOICES. A separate invoice shall be issued for each shipment. No invoice shall be issued prior to shipment of equipment and no payment will be made prior to receipt of equipment and correct invoice. Payment due dates will be computed from date of receipt of equipment or date of receipt of correct invoice, whichever is later. Unless freight and other charges are itemized, any
discount provided by Contractor will be taken on full amount of invoice. The Village’s obligation is payable solely from funds appropriated for the purpose of acquiring the equipment referred to in this agreement. Payment shall be subject to the provisions of this Agreement. Village's obligation is payable solely from funds appropriated for the purpose of acquiring the equipment stated herein. All invoices issued shall reference this Agreement. VIII.
INSURANCE REQUIREMENTS Contractor shall maintain general commercial, automobile (where applicable), workers’ compensation, and professional liability insurance in an amount acceptable to the Village. Contractor shall maintain the following required types and minimum limits of insurance coverage during the term of this Agreement Per Occurrence Aggregate $1,000,000 $2,000,000 $1,000,000 combined single limit per
General Liability Automobile Liability accident Workers’ Compensation Statutory Amount
This Agreement shall not be deemed approved until the Contractor has obtained all insurance required under this section and has supplied the Village with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The Village shall be named as an additional insured via a blanket endorsement in the endorsement for commercial and automobile liability coverage. The Village shall approve of such Certificates prior to the performance of any Services pursuant to this Agreement. CERTIFICATE HOLDER MUST READ Bal Harbour Village 655 95th Street Bal Harbour, FL 33154 ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A VII per Best’s Key Rating Guide and be licensed to do business in Florida. Contractor’s liability insurance shall be primary to any liability insurance policies that may be carried by the Village. Contractor shall be responsible for all deductibles and self-insured retentions on their liability
insurance policies. Contractor agrees to provide at least thirty (30) calendar days written notice of cancellation, material change, or renewal refusal to the Village by certified mail, unless policies are renewed with equal or better coverage. IX.
INDEMNIFICATION. Contractor agrees to indemnify and hold harmless the Village and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to attorneys' fees and costs, for personal, economic, or bodily injury, wrongful death, loss of or damage to property which may arise or be alleged to have arisen from the negligent acts, errors, omissions or willful or intentional conduct of the Contractor, its officers, employees, agents, subcontractors, or any other person or entity acting under Contractor's control or supervision, in connection with, related to, or as a result of the Contractor's provision of equipment pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the Village in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Contractor for performance of the Services under this Agreement is the specific consideration from the Village to the Contractor for the Contractor’s indemnity agreement. The provisions of this Section and this indemnification shall survive termination or expiration of this Agreement. Nothing in this Agreement shall be deemed or treated as a waiver by the Village of any immunity to which it is entitled by law, including but not limited to the Village’s sovereign immunity as set forth in Section 768.28, Florida Statutes.
X.
ENTIRE AGREEMENT. This Agreement, Contractor’s proposal, and any warranties on equipment shall constitute the entire Agreement. In the event of a conflict between the provisions of those documents and this Agreement, the provisions of this
Agreement shall prevail. Any amendment to the terms of this Agreement shall be evidenced in writing and executed by both Parties. XI.
WARRANTIES. Contractor shall provide the applicable Equipment warranties: a three (3) year warranty on structural components, a one (1) year warranty on parts, a standard one (1) year bumper to bumper warranty and a two (2) year warranty on the motor and transmission. At the Village’s option, Contractor shall provide a five (5) year warranty for the engine and transmission for the Village to purchase. The warranties are attached as Exhibit “B”. Contractor shall provide the labor to facilitate the replacement or repair of any parts or units, as covered by the terms of the warranty for the Equipment. All parts must be of the original equipment manufacturer or certified by the manufacturer as compliant with applied warranty.
XII.
SEVERABILITY. The Parties to this Agreement expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If any provision of this Agreement is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, sections, sentence, word, clause, or combination thereof causing such violation will be inoperative (and in lieu thereof there will be inserted such provision, section, sentence, word, clause, or combination thereof as may be valid and consistent with the intent of the Parties under this Agreement) and the remainder of this Agreement, as amended, will remain binding upon the Parties, unless the inoperative provision would cause enforcement of the remainder of this Agreement to be inequitable under the circumstances.
XIII.
ANTI-DISCRIMINATION. Contractor certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. Contractor further agrees that neither Contractor, nor any parent company, subsidiaries or affiliates of Contractor are currently engaged in, nor will engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country that falls within the definition
of “Open Trade jurisdiction” as defined in section 2-401 of the Village Code of Ordinances. XIV.
NOTICES. All notices hereunder shall be given in writing by registered or certified mail, return receipt requested, postage prepaid, addressed to the Parties at the following respective addresses, or at such other address as may be designated in writing by either Party to the other, and shall be deemed delivered for all purposes hereunder upon deposit of same into the United States mail: To Village:
Jorge Gonzalez, Village Manager Bal Harbour Village 655 95th Street Bal Harbour, FL 33154
Copy To:
Susan L. Trevarthen, Village Attorney Weiss Serota Helfman Cole & Bierman, P.L. 200 E. Broward Blvd. Suite 1900 Fort Lauderdale, FL 33312
To Contractor: David Gluckler Nextran Truck Centers 6801 NW 74th Avenue Miami, FL 33166 XV.
COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, ordinances, rules, and regulations that are now or may become applicable to the equipment covered by this Agreement, regardless of the applicable jurisdiction.
XVI.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the Parties and their respective successors, heirs and assigns. However, the Parties agree that nothing contained herein shall authorize the assignment of this Agreement or the delegation of any duties hereunder by either Party, unless previously set out in this Agreement, without the prior written consent of the other party.
XVII.
SURVIVAL OF TERMS. Termination or expiration of this Agreement for any reason shall not release
either Party from any liabilities or obligations set forth in this Agreement which (a) the Parties have expressly agreed shall survive any such termination, or (b) remain to be performed and by their nature would be intended to be applicable following any such termination or expiration. Any liabilities which have accrued prior to termination pursuant to the insurance and/or indemnification obligations set forth below shall survive the termination of this Agreement. XVIII. GOVERNING LAWS. This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this Agreement shall be the Circuit Court of Miami-Dade County, Florida. The Parties voluntarily waive any right to trial by jury in the event of litigation between the Parties, which arises out of this Agreement in any way. XIX.
NO CONTINGENT FEES. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
XX. WAIVER. No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. XXI.
FORCE MAJEURE. Non-performance of Contractor or Village shall be excused to the extent that performance is rendered impossible or delayed by strike, fire, hurricane, flood, terrorism, governmental acts or orders or restrictions, or other similar
reason where failure to perform is beyond the control of and not caused by the negligence of the non-performing Party (“Force Majeure”), provided that the non-conforming Party gives prompt notice of such conditions to the other Party and makes all reasonable efforts to perform. IN WITNESS WHEREOF, Contractor has signed and delivered this Agreement, and the Village has caused this Agreement to be signed and delivered by its duly authorized officer or representative, all as of the date first set forth above. CONTRACTOR:
By: _________________________ President
VILLAGE: Bal Harbour Village 655 Ninety-Sixth Street Bal Harbour, FL 33154 By: _______________________ Jorge M. Gonzalez, Village Manager Attest:_____________________ Village Clerk Approved as to form and legal sufficiency for the use and reliance of the Bal Harbour Village only.
By:________________________ Village Attorney
EXHIBIT “A”
Exhibit “B”
2
Quote
2 2.00 2.00
Quote No
Quote Date
Page
20180401
4/16/2018
1
NJPA Contract No. 041217-PII
Bill To
Ship to
VILLAGE OF BAL HARBOUR
VILLAGE OF BAL HARBOUR
655 96TH STREET
655 96TH STREET
BAL HARBOUR, FL 33154
BAL HARBOUR, FL 33154
US
US
END USER:
BAL HARBOUR, FL (VILLAGE OF)
Customer No
Slspsn
278 Loc
Payment terms 5
PPD/COL
Net 30
Ship via
03
Ship Date A.S.A.P.
DRIVE AWAY Qty Ordered
UOM Item No
1.00
EA
JUNE
No Chassis Before:
Unit price
LOADER
64,649.00
Disc
Extended price
2.00
63,356.02
AS CONFIGURED BELOW Feature/Kit Components- LOADER 1.00
EA
0.AL1 MODEL AL1 BASE LOADER
1.00
63,084.00
1.00
EA
03.11SAI HEAVY DUTY SWING MOTOR
1.00
0.00
1.00
EA
01.120RTS ROTATING TOP SEAT W/PILOT HYDR
1.00
0.00
JOYSTICKS AND FOOT PEDAL SWING 1.00
EA
07.14 BB BUCKET BIG BITE BUCKET 2 CYLINDER
1.00
0.00
1.00
EA
12.36 HD HD CONTROL BOX
1.00
0.00
1.00
0.00
THROTTLE ENGINE KILL & HORN 1.00
EA
10.04 BUWL BOOM-UP WARNING LIGHT/AUDIBLE
1.00
EA
11.02 LBPIO LOADER SINGLE COLOR PI ORANGE
1.00
0.00
1.00
EA
12.21AHW 1 ADDL YEAR HYDRAULIC WARRANTY
1.00
1,565.00
ALARM
(TOTAL OF 2 YEARS)
1.00
EA
8.0 DUMP BODY
34,834.00
2.00
34,137.32
AS CONFIGURED BELOW Feature/Kit Components- 8.0 DUMP BODY 1.00
EA
8.23 2240-MHX MODEL 2240-MHX HARDOX BODY
1.00
33,178.00
1.00
1,656.00
3/16" ALL HARDOX 1.00
EA
8.38 EGPTLCD ELECTRIC GOAL POST TYPE LOAD COVERING DEVICE
1.00
EA
1.00
EA
8.40 S-BD STANDARD BARN DOORS FOR BODY
1.00
0.00
1.00
EA
8.47 WL-BW WIRE LOOM FOR BODY WIRING
1.00
0.00
1.00
EA
10.09 LED LED TYPE BODY LIGHTS, 15 EA.
1.00
0.00
1.00
EA
8.77ANSI ANSI Z245 PACKAGE
1.00
0.00
1.00
EA
11.02B BODY COLOR: BLACK
1.00
0.00
NI-CHASSIS ENTER DESCRIPTION HERE 2019 MACK MP7 425 HP ALLISON 4500
137,962.00
2.00
135,202.76
2
Quote
2 2.00 2.00
Quote No
Quote Date
Page
20180401
4/16/2018
2
NJPA Contract No. 041217-PII
Bill To
Ship to
VILLAGE OF BAL HARBOUR
VILLAGE OF BAL HARBOUR
655 96TH STREET
655 96TH STREET
BAL HARBOUR, FL 33154
BAL HARBOUR, FL 33154
US
US
BAL HARBOUR, FL (VILLAGE OF)
END USER: Customer No
Slspsn
278 Loc
Net 30
Ship via
03
Ship Date A.S.A.P.
DRIVE AWAY Qty Ordered
UOM Item No
_____________________ Signature (C)2002 Exact Software North America
JUNE
Payment terms 5
PPD/COL
No Chassis Before:
Unit price
Jason Atkinson
SubTotal
______________________
Delivery
Date
Tax Total Quote
Disc
Extended price
232,696.10
500.00 0.00 233,196.10
Petersen Industries, Inc. Standard Terms and Conditions 1. Payment in net 30 days after delivery with approved credit; otherwise C.O.D. In some instances, a deposit may be required upon order acceptance. 2. Multiple unit orders will be invoiced individually as they are completed. 3. Delivery Cost: F.O.B. Lake Wales, Florida unless otherwise stated in quotation. 4. Price does not include taxes of any kind unless specifically noted in quotation. 5. Price valid for sixty (60) days from quotation date. 6. Price excludes any fees, taxes, export packaging or any cost other than the quoted product installation at the factory in Lake Wales, Florida, unless otherwise noted on quotation. 7. The quoted price is calculated under the assumption that the loader-body is to be installed on a conventional cab/chassis meeting Petersen’s minimum recommended specifications for model quoted. Additional charges may be incurred if other chassis are supplied. 8. The completion date quoted is only valid for the number of units priced in the quotation letter. Any additional units ordered off this quotation may have later completion dates. Until a signed purchase agreement is received, quoted delivery dates are subject to prior commitment. 9. All prices quoted include the following Petersen standard paint/colors only unless otherwise stated on quotation. Loader: Orange, industrial grade enamel. Body: Black, industrial grade enamel. 10. Standard Warranty includes three-year major structural and one-year hydraulics. 11. Price does not include cost of cab/chassis unless otherwise stated in quotation. 12. A training DVD and/or training by a factory representative, at our plant, is included with all loader purchases. Additional training at a location selected by the customer is also available for an additional cost.
Rev. 03/2015
Terms and Conditions This Purchase Agreement constitutes the entire agreement of the parties hereto with respect to the purchase and sales of the Lightning Loader® and/or other products described and referred to on the face page hereof, all prior representations and understanding having been merged herein. This agreement may not be modified or terminated orally. No claimed modification, termination, or waiver of any of its provisions shall be valid unless in writing signed by the party to be bound thereby. The terms and conditions hereof and of the Lightning Loader® warranty supersede and cancel any terms contained in any other documents to the extent they are inconsistent herewith. This Purchase Agreement becomes a binding contract when it signed by both parties hereto on the face page hereof. Purchaser and Seller agree that this contract between them is subject to the following: 1. Payment: All products listed herein are sold for cash, payable in lawful money of the United States of America, or by check drawn upon and duly certified by a bank satisfactory to Seller and payable in such money unless otherwise specified on the face page hereof. 2. Subsequent Orders: Purchaser agrees to pay, in addition to the price specified on the face page hereof, for all additional equipment not specified herein but subsequently ordered. 3. Force Majeure: Seller shall not be liable for failure to deliver or delays in delivery due to causes beyond its control, including but not limited to strikes, lockouts or other labor difficulties, machinery breakdowns, inability to obtain shipping space or transportation, delays of carriers of suppliers, fires, floods, acts of God, war or other outbreak of hostilities, mobilization, civil commotion, riots, embargoes and domestic or foreign governmental regulations or orders. In such event, Purchaser’s sole remedy and Seller’s sole liability for failure to deliver, or delay in delivery, will be limited to the return of that part of the purchase price which Purchaser may have paid to Seller. 4. Taxes: All sales, excise and similar taxes which Seller may be required to pay or collect with respect to the Lightning Loader® products shall be for the account of Purchaser, except as otherwise required by law. If Purchaser claims exemption from applicable sales tax, a tax exemption certificate must be provided Seller at least ten days prior to delivery. 5. EXCEPT AS STATED ON THE FACE HEREOF NO WARRANTY WHETHER OF MERCHANTABILITY, FITNESS FOR PURPOSE OR OTHERWISE, EXPRESS OR IMPLIED IN FACT OR BY LAW, IS OR SHALL BE APPLICABLE TO PRODUCTS SOLD HEREUNDER. SELLER AND ITS DIRECT AND INDIRECT SUPPLIERS/VENDORS SHALL HAVE NO OTHER OR FURTHER LIABILITY BY REASON OF THE MANUFACTURE OR SALE OF ANY PRODUCTS SOLD HEREUNDER OR OF THEIR USE, WHETHER ON THE BASIS OF BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. IN NO EVENT SHALL SELLER OR ITS DIRECT OR INDIRECT SUPPLIER/VENDORS BE LIABLE FOR GENERAL, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES RELATING TO PROPERTY DAMAGE OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OR LOSS OF PROFITS). 6. Enforceability: In the event any provision of this Agreement is prohibited by a invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without affecting the remainder of such provision or the remaining provisions of this agreement which shall continue in full force and effect. 7. Applicable Law and Venue: This agreement shall be interpreted and construed in accordance with the laws of the State of Florida and shall inure to and be binding upon the parties hereto, their successors, or assigns. In the event any legal action is taken in connection with this agreement, the proper venue for said action shall be in Polk County, Florida.
4000 SR 60 West Lake Wales, Florida 33859 (863) 676-1493 www.petersenind.com
Trash Lightning Loader Warranty
Petersen Industries, Inc. (“Petersen”) warrants each new Lightning Loader® and/or Trash Body it manufactures and each new part and component sold by Petersen (except those excluded by Section 5 below) to be free from defects in material and workmanship, provided the Lightning Loader® parts and components are operated and maintained in accordance with Petersen’s published operating and maintenance instructions applicable thereto. This warranty is subject to the terms and conditions stated below. 1. Warrantor: This warranty is granted by Petersen Industries, Inc. 4000 SR 60 West, Lake Wales, Florida 33859. All warranty work must be accomplished by Petersen Industries, Inc. at its factory in Lake Wales, Florida or by such other facility specifically authorized by Petersen. All warranty work performed by a facility other than Petersen must be approved by Petersen in writing prior to commencement of said work. 2. Parties to Whom Warranty is Extended: This warranty shall be extended to any buyer and to any person to whom this product is transferred during the duration of this warranty. 3. Duration of Warranty: The time periods applicable to the warranty of the specified component parts of this Lightning Loader® are as follows: a) Lightning Loader® Major Structural Component Parts - 3 years b) Non-hydraulic Replacement Parts - 1 year c) Hydraulic Components - 1 year d) Dynamic Oil Heavy Duty Rotary Actuator * - 2 years *Does not apply to SAI or HA36* 4. Parts and component parts installed by Petersen are covered by this warranty except those parts and component parts excluded by Section 5 below. 5. Parts and Components Not Covered: The following parts and components are not covered by the warranty: a) any part or component not installed by Petersen Industries, Inc.; b) any part of the vehicle cab, chassis, tires or engine (any warranty of these parts and components is provided by the original manufacturer); c) any part or component that shall have been subject to misuse, negligence, or accident; d) any part or component that shall have deteriorated from extraordinary wear or exposure; e) expendable items that would normally be replaced within the warranty period (e.g. hydraulic hoses on end of boom, brake washers between bucket and boom, oil, filters, light bulbs). 6. Procedure for Obtaining Performance Under this Warranty: In order to qualify under this warranty, the owner must notify Petersen Industries, Inc. within thirty (30) days of discovery of the defect and promptly deliver the Lightning Loader® or defective part to Petersen Industries, Inc. at its factory in Lake Wales, Florida, or if requested by Petersen to such other authorized facility designated by Petersen. Upon receipt of such Lightning Loader®, part or component, if it is found not to be defective in material or workmanship, Petersen shall notify the owner of such fact and request instructions for the return of such Lightning Loader®, part or component to the owner. All costs of transporting Lightning Loader®(s) to and from Petersen Industries, Inc. or such other authorized facility designated by Petersen shall be paid by owner. 7. Remedy: If, within the duration of this warranty, a part or component covered by this warranty proves to be defective in material or workmanship, then the sole and exclusive remedy and Petersen’s sole responsibility shall be at Petersen’s option, the repairing of the defective part or component or replacing of the same. Parts and labor shall be at the expense of Petersen. The replacement part or component supplied pursuant to this warranty shall be warranted only for the remainder of the warranty period applicable to the defective part or component. 8. Design Changes: Petersen reserves the right to make changes in the design or material of its products without incurring any obligation to incorporate such changes in any product previously manufactured. 9. Exclusion and Disclaimers: This warranty does not extend to normal maintenance services such as cleaning, greasing, mechanical adjustments and maintenance inspections or to any defect due to the negligence of others, failure to operate or maintain the Lightning Loader® in accordance with the published operating and maintenance instructions furnished by Petersen, unreasonable use, accidents, alteration or wear and tear. [NO OTHER WARRANTY WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED IN FACT OR BY LAW, IS GIVEN BY PETERSEN WITH RESPECT TO ANY NEW LIGHTNING LOADER®, PART OR COMPONENT, OR WITH RESPECT TO ANY WORK, AND NO OTHER OR FURTHER OBLIGATION OR LIABILITY SHALL BE INCURRED BY PETERSEN BY REASON OF THE MANUFACTURE, SALE, OR LEASE OF ANY LIGHTNING LOADER®, PART, OR COMPONENT OR OF ITS USE, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OF MANUFACTURE OR OTHERWISE.] In the event that the provision relieving Petersen of liability for negligence should for any reason be held ineffective, the remainder of this paragraph shall remain in full force and effect. The obligation of Petersen set forth in Section 7 above shall be the exclusive remedy for any breach of warranty. In no event shall Petersen be liable for any general, consequential, or incidental damages relating to property damages or economic loss, including without limitation any damages for loss of use or loss of profits. No distributor, dealer, agent or employee of Petersen is authorized to extend any other or further warranty or incur any additional obligation on Petersen’s behalf in connection with the sale of its products.
®
COUNCIL MEMORANDUM
TO:
Jorge M. Gonzalez, Village Manager
FROM:
Patricia Cohen, Councilwoman
DATE:
May 15, 2018
SUBJECT:
Discussion regarding the Aventura Arts & Cultural Center
Please place an item on the May 15, 2018 Village Council Meeting Agenda for a discussion regarding the Aventura Arts & Cultural Center. Thank you.
AGENDA ITEM R9A
MEMORANDUM TO:
Honorable Mayor and Council
FROM: Dwight S. Danie, Village Clerk DATE:
May 9, 2018
RE:
Lobbyist Registration Report Name of Lobbyist
Principal Represented
Date Registered
Maria A. Gralia – Stearns, Weaver, Miller
Hudson Bay Company/Saks Fifth Ave
01/16/18
Darrell Payne - Stearns, Weaver, Miller
Hudson Bay Company/Saks Fifth Ave
01/16/18
Carolyn M. Travis
Whitman Family Development
01/25/18
Randall A. Whitman
Bal Harbour Shops, LLLP
01/25/18
Matthew W. Lazenby
Bal Harbour Shops, LLLP
01/25/18
John K. Shubin, Shubin & Bass
Bal Harbour Shops, LLLP
01/25/18
Amy E. Huber, Shubin & Bass
Bal Harbour Shops, LLLP
01/25/18
Bernard Zyscovich Zyscovich Architects
Bal Harbour Shops, LLLP
01/25/18
lvor N. Massey aka Nik Massey
Bal Harbour Shops, LLLP
01/25/18
Bal Harbour Shops, LLLP
01/25/18
Bal Harbour Shops, LLLP
01/25/18
Bal Harbour Shops, LLLP
01/25/18
Bal Harbour Shops, LLLP
01/25/18
Roberto Bezold, Zyscovich Architects
Bal Harbour Shops, LLLP
01/25/18
Jeffrey Bercow
Bal Harbour Civic Association
01/26/18
Thomas Robertson
Bal Harbour Civic Association
01/26/18
Tony Imbesi
Flamingo Way Enterprises
01/30/18
Joseph Imbesi
Flamingo Way Enterprises
01/30/18
Morgan McDonough
Saks Fifth Avenue
02/20/18
Michael D. Katz Katz Barron Squitero Faust Howard L. Friedberg Katz Barron Squitero Faust Benjamin Elias, Whitman Family Development Raymond Jungles, Raymond Jungles Architects
Bal Harbour Village Hall • 655 96th Street, Bal Harbour • FL 33154 1
• 305-866-4633 • Fax 305-868-6575 AGENDA ITEM R11A