HomeMy Public PortalAbout2015-01-13 Regular MeetingBAL HARBOUR
COUNCIL MEETING MINUTES
REGULAR MEETING-JANUARY 13, 2015
The Regular Meeting of the Bal Harbour Village Council was held on January 13, 2015, at the Bal
Harbour Village Hall Council Chambers (655 — 96"' Street, Bal Harbour, Florida).
CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:00 p.m. by Mayor
Packer. The following were present:
Also Present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth E. Salver
Councilman Jaime M. Sanz
Jorge M. Gonzalez, Village Manager
Dolores M. Mejia, Interim Village Clerk
Richard Jay Weiss, Village Attorney
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Packer.
Mayor Packer asked for a moment of silence for peace, understanding and brotherhood in our
nation and the world.
REQUEST FOR ADDITIONS/WITHDRAWALS/REFERRALS:
PRESENTATIONS AND AWARDS:
No Presentations.
CONSENT AGENDA:
Councilman Salver asked that item C7F be separated.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR
VILLAGE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE LEASE OF A PARKING FACILITY; PROVDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
The Village Manager asked that item C7B be separated.
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH C AND I CONSTRUCTION
AND DESIGN, INC. TO PERFORM LATERAL SEWER LINE REPAIR WORK
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e 1 1
ADJACENT TO 258 PARK DRIVE FOR THE AMOUNT OF $7,500.00;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AND EFFECTIVE
DATE.
Motion was offered by Councilman Salver and seconded by Councilman Groisman to
approve the remaining items on the Consent Agenda. The motion carried (5-0); thus
approving the following items:
C6 — Council Meeting Minutes
C6A Regular Council Meeting — December 10, 2014
C7 — Resolutions
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; RATIFYING THE ENGAGEMENT OF C AND I
CONSTRUCTION AND DESIGN, INC. AND RANGELINE TAPPING
SERVICES, INC. TO PERFORM EMERGENCY WATER MAIN PIPING
REPAIR WORK ALONG 96TH STREET AND IN THE RIGHT A WAY OF
10201 COLLINS AVENUE; RATIFYING PAYMENT IN THE AMOUNT OF
$38,824.05; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AND
EFFECTIVE DATE.
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND THE STATE OF FLORIDA, OFFICE OF THE
STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE
ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE
BAL HARBOUR VILLAGE CODE PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A MUTUAL AID AGREEMENT BETWEEN THE
VILLAGE AND MIAMI-DADE COUNTY, FLORIDA FOR THE PURPOSE OF
COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND
MUTUAL AID BETWEEN THE VILLAGE AND MIAMI-DADE COUNTY;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A MUTUAL AID AGREEMENT BETWEEN THE
VILLAGE OF BISCAYNE PARK POLICE DEPARTMENT FOR THE PURPOSE
OF COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND
MUTUAL AID BETWEEN BAL HARBOUR VILLAGE AND THE VILLAGE OF
BISCAYNE PARK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e l 2
C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A TREASURY MANAGEMENT SERVICES
AGREEMENT WITH SUNTRUST BANK; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
REGULAR AGENDA:
R5 -Ordinances
The following Ordinance Title was read by Ms. Mejia:
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
BAL HARBOUR VILLAGE CODE OF ORDINANCES BY CREATING SECTION
5-8 "RETAIL SALE OF DOGS AND CATS" OF CHAPTER 5 "ANIMALS" OF
THE VILLAGE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Second
Reading Public Hearing
Mayor Packer opened the public hearing. With no public comment, Mayor Packer closed the
public hearing.
Ms. Mejia distributed for the record testimony submitted in writing by the Pet Industry Joint
Advisory Council.
A motion was offered by Councilman Groisman and seconded by Mayor Packer to
approved the ordinance on Second Reading.
Roll Call Vote:
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
X
Mayor Martin Packer
X
The vote was unanimous.
The following Ordinance Title was read by Ms. Mejia:
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
SECTION 11-29 "VIOLATIONS OF ARTICLE" AND SECTION 11-31
"CERTAIN NOISES RESTRICTED TO SPECIFIED HOURS" OF ARTICLE II
"NOISE" OF CHAPTER 11 "NUISANCES" OF THE VILLAGE CODE OF
ORDINANCES, TO AMEND THE EXISTING CRITERIA AND CREATE A
PROCEDURE FOR APPROVAL OF CERTAIN RESTRICTED NOISES
OUTSIDE OF SPECIFIED HOURS IN THE B BUSINESS DISTRICT UPON
WRITTEN CONSENT OF THE VILLAGE MANAGER OR HIS OR HER
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 13
DESIGNEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE. First Reading
Councilman Sanz recused himself since this ordinance directly impacts his place of
employment.
Mr. Gonzalez explained the genesis of the ordinance. Mr. Gonzalez explained that complaints
are primarily due to noise that is generated from work in the interior of the Bal Harbour Shops.
Dina Cellini (211 Bal Cross Drive) spoke.
Matis Cohen (9801 Collins Avenue) spoke.
Dan Holder (24 Bal Bay Drive) spoke.
Brian Mulheam (10245 Collins Avenue) spoke.
Raj Singh (53 Camden Drive) spoke.
Patrick Collins (80 Park Drive) spoke.
Councilman Groisman spoke.
Mr. Gonzalez explained how deliveries and transporting the material impacts.
Assistant Mayor Cohen spoke.
Arthur Galbut (9801 Collins Avenue) spoke.
Councilman Groisman offered an amendment and seconded by Councilman Salver to
amend Section G, 11-31-1 of the ordinance to read "exclusively interior work," instead of
primarily.
Village Attorney Matt Pearl was directed to draft language to limit deliveries for construction
work for second reading.
Vote (4-0); Councilman Sanz was recused during the vote.
Discussion continued.
A motion was offered by Councilman Groisman and seconded by Councilman Salver to
draft language to limit on deliveries, subject to a fine, delivery during normal schedule
hours, notice to be provided to the public with the cost to be borne by the applicant, and
contractor to provide contact information on the notice. Vote (4-0), Councilman Sanz was
recused during the vote.
A motion was offered by Councilman Groisman and seconded by Councilman Salver to
pass the ordinance on first reading as amended.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 14
Roll Call Vote:
Yes
No
Councilman Gabriel Groisman
X
_
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
RECUSED
Mayor Martin Packer
X
Assistant Mayor Patricia Cohen
_
X
Vote (4-0); Councilman Sanz was recused during the vote.
The following Ordinance Title was read by Ms. Mejia:
R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
SECTION 16-31 "HOTELS AND APARTMENT HOUSES" AND SECTION 16-
34 "CONTAINERS NOT TO BE VISIBLE FROM STREET" OF ARTICLE II
"STORAGE" OF CHAPTER 16 "SOLID WASTE" AND SECTION 21-406
"LOCATION OF BERTHS; SCREENING OF ARTICLE VI "OFF-STREET
LOADING FACILITIES" OF CHAPTER 21 "ZONING" OF THE VILLAGE CODE
OF ORDINANCES, TO PROVIDE REQUIREMENTS FOR SOLID WASTE
TREATMENT AND DISPOSAL AND THE TREATMENT AND SCREENING OF
DUMPSTERS, CENTRAL LOADING AREAS AND LOADING FACILITIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE. First Reading
Councilman Sanz rejoined the meeting.
Mr. Gonzalez introduced the ordinance, and introduced Mr. John Oldenburg, Director of Parks
and Public Spaces. Mr. Oldenburg walked the Council through a PowerPoint presentation,
which showed the current conditions throughout the Village.
Councilman Sanz spoke.
Mr. Gonzalez stated that staff spoke to the General Manager at the St. Regis and had initial
conversations with the Ritz Carlton. However, he is seeking Council direction on how to contact
the impacted properties. The ordinance stipulates timing of permit application. He inquired if the
Council wanted staff to speak to the impacted properties before or after the First Reading of the
ordinance.
Mayor Packer stated that this ordinance came up because of the current conditions. The
development agreement requires an air conditioned trash room.
Assistant Mayor Cohen spoke.
Councilman Groisman stated that the buildings, such as the Kenilworth, have doors that just
need to be put to use.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 15
Mr. Gonzalez reviewed the current conditions.
Buzzy Sklar (10275 Collins Avenue) spoke.
Neil Alter (9801 Collins Avenue) spoke.
Mr. Gonzalez spoke about the development agreement.
Susan Packer (10205 Collins Avenue) spoke.
Dina Cellini (211 Bal Cross Drive) spoke.
Brian Mulheam (10245 Collins Avenue) spoke.
Councilman Groismanspokeand proposed two (2) amendments, which were as follows:
- Include a completion date — six months from Architectural Review Board approval.
- Include a broader scope of applicability — apply to the Yacht Club at the Marina.
Mayor Packer spoke.
Mr. Gonzalez asked that the Council allow him to work with the Village Attorney to determine
which section of the Village Code would be applicable to the Yacht Club.
A motion was offered by Councilman Groisman and seconded by Councilman Salver to
amend the ordinance to include a completion date. (Vote 5-0).
A motion was offered by Councilman Groisman and seconded by Councilman Salver to
adopt ordinance as amended on First Reading.
Roll Call Vote:
Yes
No
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
X
Mayor Martin Packer
x
Assistant Mayor Patricia Cohen
x
Councilman Gabriel Groisman
x
Vote (5-0).
Councilman Groisman asked if item R10A (Village Manager's Verbal Report on the Bal Harbour
Shops Expansion Project) could be taken out of order in order to accommodate members of the
public who were present.
Councilman Sanz recused himself.
All remaining Bal Harbour Shops related items were taken up.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e l 6
R9 — New Business and Council Discussion
Councilman Salver introduced his discussion item.
R9A Discussion Regarding the Venue and Advertising for the January 27th
Workshop on the Bal Harbour Shops Expansion Project
Councilman Salver explained that he had been approached by members of the public to ask
that they be allowed to express their views.
Mayor Packer spoke, and asked that the workshop be noticed through Bal Harbour Alerts
(WENS).
Councilman Salver stated that this was the Council's opportunity to ask what they would like to
see included on the microsite. He stated that Miami Beach has a great site for the Convention
Center Project.
Mr. Gonzalez walked the Council through the website (microsite).
Councilman. Salver asked that staff attend the workshop to get attendees to sign in, as well as
sign up for Bal Harbour Alerts (WENS).
Assistant Mayor Cohen asked that the meeting be set up in a manner that was most suitable for
conversation.
Mayor Packer stated that the Council wants to be transparent.
Beth Berkowitz (10160 Collins Avenue) spoke.
Mr. Gonzalez stated that he anticipated Mike Miller (Village Planner) to walk through a baseline,
what is in the Village Code, etc. The Bal Harbour Shops will provide an update on their plans.
The Village Attorneys will speak about the process. The Corradino Group will be there to
discuss the traffic study. The Bal Harbour Coalition representative will be provided the
opportunity to speak. Finally, there will be a question and answer section.
Neil Alter (9801 Collins Avenue) spoke.
Councilman Salver asked that Surfside and Bay Harbour Islands be notified about the
workshop.
Ree Kelly (1075 93rd Street) spoke.
Evie Engler (9801 Collins Avenue) spoke.
Mayor Packer stated that the meeting will be orderly.
Dan Holder (24 Bal Bay Drive) spoke.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 17
R10 — Village Manager Report
R10A Verbal Report on Bal Harbour Shops Expansion Project
Mr. Gonzalez introduced the item. He stated that all project related documents are now
available online on the Village's website. He stated that he is seeking direction from the Council
as to what the Village Attorney and staff should do.
Councilman Groisman stated that he had questions regarding the documents provided by the
Bal Harbour Shops, such as questions about the deeds. He asked for the following:
(1) Ask the Village Attorney to provide an analysis of the July 2014 Quit Claim Deed and its
validity; and
(2) Ask the Village Attorney to provide a memorandum regarding the difference between a
text amendment and a variance, including pros and cons, and what the Village would
gain or lose with each method.
Councilman Groisman stated that this information would allow the Council to make an educated
decision.
Ree Kelly (1075 93`d Street) spoke.
Mayor Packer asked that all documents be submitted to the Village Manager and himself.
Steven Norris (9149 Collins Avenue) spoke, and asked the Council to adopt a resolution asking
the Miami -Dade County Historic Preservation Board to determine if the Church by the Sea
should receive historic designation.
Mayor Packer spoke, and asked the Council how they felt about the historic designation of the
Church by the Sea.
Beth Berkowitz (10160 Collins Avenue) spoke.
Matis Cohen (9801 Collins Avenue) spoke.
Brian Mulheam (10245 Collins Avenue) spoke.
R7 —Resolutions
The following Resolution Title was read by Ms. Mejia:
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING
OFFICIAL THAT THE MIO CAFE APPLICATION TO THE STATE OF
FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO
FOR A 2COP LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING
REGULATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDNG FOR AN
EFFECTIVE DATE.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 18
Assistant Mayor Cohen requested that the item be deferred until February Council Meeting, due
to inconsistencies in the application. She has referred questions to the Village Attorney, and
has questions regarding the Village Code.
Mr. Gonzalez also asked that the Village Attorney look at the historical practice of having the
Council approve these applications, as well as the Code. The Code does not require Council
approval for liquor licenses. However, he has decided to continue the practice and ask the
Council for direction. If the Council would like to continue approving these applications, then the
Code needs to be revised.
Councilman Groisman spoke.
Mr. Gonzalez explained that the Code needs to be changed to allow the Council to provide a
conditional use.
Buzzy Sklar (10275 Collins Avenue) spoke.
A motion was offered by Assistant Mayor Cohen and seconded by Mayor Packer to defer
the item. Vote (4-0; Councilman Sanz absent.)
The following Resolution Title was read by Ms. Mejia:
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR
VILLAGE AND APARC SYSTEMS, INC. FOR THE PURCHASE OF APARC
PARKING PAY STATIONS AND ONGOING OPERATION SERVICES;
PROVDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Gonzalez introduced the item, and explained that this item had been deferred for additional
work on the agreement. He explained there were changes to the agreement that was included
in the Council Agenda, and an updated version was handed out.
Assistant Mayor Cohen spoke.
A motion was offered by Councilman Groisman to approve the item.
Councilman Salver spoke, and stated he had spoken to the Chief, who had assured him that the
machines would be checked periodically to ensure operation.
Jim Howell (10160 Collins Avenue) spoke.
Penny Sepler (10275 Collins Avenue) spoke.
Assistant Mayor Cohen spoke.
Mr. Gonzalez explained how the new software and machines work.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e l 9
Councilman Groisman spoke.
Councilman Groisman restated his motion to approve the resolution and seconded by
Councilman Salver. Vote (4-0); Councilman Sanz absent.
The following Resolution Title was read by Ms. Mejia:
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE
AGENDA FOR THE 2015 FLORIDA LEGISLATIVE SESSION; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item, and stated that he hoped this would become an annual item.
He stated that last year was the first time he had the opportunity to provide input to the Village
lobbyist on priorities. The Village was successful in securing $600,000 for the sewer system.
Mr. Gonzalez explained that the following were added to the Legislative Agenda:
1. Gun ranges in backyards
2. Item 16 — property appraiser system
3. From handout received #10 — Assistance for gated residential in getting condominium
association with less than 100% of resident vote.
Councilman Salver asked for clarification on Exhibit A, and asked that #9 be stricken.
Mr. Gonzalez added to the agenda that a group of cities along with the League of Cities were
pursuing amendments to the public records law, and the Village should join.
A motion was offered by Councilman Groisman and seconded by Councilman Salver for
#10 to be substituted with the language handed out regarding the gated residential. Vote
(4-0); Councilman Sanz absent.
Matis Cohen (9801 Collins Avenue) spoke.
Dan Holder (24 Bal Bay Drive) spoke.
A motion was offered by Councilman Groisman and seconded by Mayor Packer to
approve the resolution as amended. Vote (4-0); Councilman Sanz absent.
The following Resolution Title was read by Ms. Mejia:
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT FOR PROFESSIONAL LOBBYING
SERVICES WITH RON BOOK, P.A. PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item, and explained that many times the Village does not have
proper documentation and/or contracts for vendors and services. He stated that Ron Book was
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e 1 10
one of them, and that although he has been rendering lobbying services to the Village for many
years, no contract can be located.
Councilman Groisman asked that Mr. Book provide a yearly memorandum to the Council with
results of lobbying efforts.
A motion was offered by Councilman Salver and seconded by Mayor Packer to approve
the resolution, and approve $5,000 per month for active lobbying on behalf of the Village.
Matis Cohen (9801 Collins Avenue) spoke.
Councilman Groisman spoke.
Matis Cohen (9801 Collins Avenue) spoke.
Mr. Gonzalez spoke.
Councilman Groisman spoke.
Mayor Packer spoke.
Mr. Gonzalez spoke.
Vote (4-0); Councilman Sanz absent
Susan Packer (10205 Collins Avenue) spoke.
Councilman Groisman spoke.
Mayor Packer spoke.
Assistant Mayor Cohen spoke.
Councilman Salver spoke.
Penny Sepler (10275 Collins Avenue) spoke.
Steve Greenberg (9930 Collins Avenue) spoke.
Brian Mulhearn (10245 Collins Avenue) spoke.
Evie Engler (9801 Collins Avenue) spoke.
Councilman Groisman spoke.
R9 —New Business and Council Discussion
R9B Discussion Regarding Bicycle Rental Rack under Haulover Bridge
Mr. Gonzalez spoke about the Bike Share Program in other cities, such as Miami Beach, and
asked direction from the Council whether the Administration should pursue.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e 1 11
Buuy Sklar (10275 Collins Avenue) spoke.
Neil Alter (9801 Collins Avenue) spoke.
Penny Sepler (10275 Collins Avenue) spoke.
Brian Mulheam (10245 Collins Avenue) spoke.
Dina Cellini (211 Bal Cross Drive) spoke.
Matthew Pearl, Village Attorney, spoke about Chapter 316 of the Florida Statutes controls most
of what the Village can do to regulate.
Councilman Groisman spoke.
Steve Greenberg (9930 Collins Avenue) spoke.
Mayor Packer spoke, and asked if the Florida Department of Transportation can give the Village
a bike path/lane on the road.
Assistant Mayor Cohen asked that the Village require that the bikes be equipped with bell, light
and maybe even a basket.
Mayor Packer suggested that Mr. Gonzalez contact the company:
1. Look at Bal Harbour and determine if it will be a viable program; and
2. Will it be profitable.
Mayor Packer asked that the item be brought back at the February Council Meeting.
Mr. Gonzalez stated that a lot of the revenue comes from advertising, and that DecoBike will
probably not do it without advertising.
Councilman Groisman spoke.
R9C Discussion Regarding Allowing Dog Walking on the Beach Path
Mayor Packer introduced the item and stated that he had placed it on the agenda in order to
get public input.
Dan Holder (24 Bal Bay Drive) spoke.
Beth Berkowitz (10160 Collins Avenue) spoke.
Buzzy Sklar (10275 Collins Avenue) spoke.
Steve Greenberg (9930 Collins Avenue) spoke.
Dina Cellini (211 Bal Cross Drive) spoke.
Brian Mulhearn (10245 Collins Avenue) spoke.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 112
Mayor Packer spoke.
Brian Mulheam (10245 Collins Avenue) spoke.
Councilman Groisman spoke.
Assistant Mayor Cohen spoke.
Councilman Salver spoke.
Mr. Gonzalez spoke and stated that additional clean up would be required through different
services.
Neil Alter (9801 Collins Avenue) spoke.
A motion was offered by Assistant Mayor Cohen and seconded by Councilman Salver
to direct the Village Attorney to draft an ordinance to create a trial period to allow dogs
on the service path, with an emphasis on owner responsibilities, and bring it for
discussion at the February Council Meeting. Vote (3-1), Groisman; Sanz absent.
R9D Discussion Item for Village Council Meeting — Prohibiting Ad Hoc
Auctions in Bal Harbour Village
Mayor Packer introduced the item and explained that he had received a flyer about an
auction at the St. Regis.
Assistant Mayor Cohen spoke.
Councilman Groisman spoke.
Village Attorney Matthew Pearl spoke, and explained that it will be difficult to ban specific
types of auctions.
Councilman Groisman asked the Village Manager to reach out to the St. Regis, and see
which types of auctions they hold.
R9E Discussion Regarding Village Manager's Purchase Authority
Mr. Gonzalez introduced the item, and explained that the Charter language changed after the
election. He explained that an ordinance had to be drafted to establish the authority level. The
analysis of expenditures shows that 20% of items brought to Council are under $2,500.
Councilman Groisman spoke.
Mr. Gonzalez suggested $15,000.
A motion was offered by Councilman Groisman and seconded by Assistant Mayor Cohen
to direct the Village Attorney to draft an ordinance with a purchase authority up to
$15,000.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 113
Matis Cohen (9801 Collins Avenue) spoke.
Councilman Salver spoke, and asked that a routine report be provided to the Council on what is
being spent.
Mr. Gonzalez stated that a report can be provided as part of the Council's Friday package.
The motion was restated by Councilman Groisman and seconded by Assistant Mayor
Cohen to direct the Village Attorney to draft an ordinance with a purchase authority up to
$15,000, with a report to Council on expenditures as developed by the Village Manager
and the Finance Department. Vote (4-0); Councilman Sanz absent.
Mayor Packer spoke.
Councilman Salver stated that he would like to be in the rotation to sign checks.
Mayor Packer spoke.
Matis Cohen (9801 Collins Avenue) spoke.
Councilman Salver spoke, and stated that he withdrew his request to sign checks, and would
work with the Administration on a level of reporting he is comfortable with.
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH C AND I CONSTRUCTION
AND DESIGN, INC. TO PERFORM LATERAL SEWER LINE REPAIR WORK
ADJACENT TO 258 PARK DRIVE FOR THE AMOUNT OF $7,500.00;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AND EFFECTIVE
DATE.
Mr. Gonzalez introduced the item.
Councilman Groisman spoke.
Mayor Packer spoke.
Councilman Groisman spoke.
Mayor Packer spoke.
Mr. Gonzalez spoke.
Mr. Oldenburg spoke, and explained the scope of work.
A motion was offered by Councilman Salver and seconded by Councilman Groisman to
approve the resolution.
Beth Berkowitz (10160 Collins Avenue) spoke.
Steve Greenberg (9930 Collins Avenue) spoke.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 114
Mr. Oldenburg spoke.
Vote 4-0; Councilman Sanz absent.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR
VILLAGE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
THE LEASE OF A PARKING FACILITY; PROVDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item, and explained that this is a standard lease for the Florida
Department of Transportation (FDOT) for the parking lot under the Haulover Bridge. The
agreement is status quo. The Administration wants to amend, and negotiate the terms in
Exhibit B.
A motion was offered by Councilman Salver to ask the Manager to negotiate Exhibit B by:
1- Making the general public parking time from 8 am to 8 pm
2- Raising the 15 minute cost by 50 cents
Councilman Groisman spoke, and stated he was against changing the general public parking
hours down to 8 pm.
Buzzy Sklar (10275 Collins Avenue) spoke.
Mr. Gonzalez spoke explained that he would negotiate with FDOT on special event parking.
A motion was offered by Councilman Groisman and seconded by Mayor Packer to
approve the resolution leaving the general public parking times as is, and negotiate with
FDOT to raise the price to $1.50 per hour, and establish a special event rate. Vote (3-1,
Salver); Councilman Sanz absent.
R10B Verbal Report on the Village Clerk Recruitment
Mr. Gonzalez introduced the report, and stated that Ms. Mejia has been in an interim capacity
since September. The position has been advertised and he has also reached out to colleagues
in other municipalities. In December, he sent out a Letter to Council (LTC) transmitting
approximately 14 applications to the Council. The next step would be to whittle down the list
from the applicants received. Each Council member can provide their top 3 candidates and set
up interviews.
Mayor Packer spoke, and stated that they could eliminate some applications, and provide the
courtesy of an interview to everyone with pertinent qualifications. There are about 3-4
applicants that he would like to interview.
Assistant Mayor Cohen spoke, and stated that she has spoken to other Council Members in
other cities. It is the Council's responsibility to lead the search for a Clerk. The Council needs
to hire a company to be thorough in the search for a Village Clerk.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 P a g e 1 15
Councilman Groisman spoke, and stated that he saw some good resumes in the packet, and
that each Council Member should provide who they would like to interview. Then Mr. Gonzalez
can provide a list of candidates to interview through consensus. Someone can then notify the
candidates and schedule the interviews.
Mayor Packer spoke, and stated he would like to run the process much like the Village Manager
search was conducted. He would like to pick a day and hold the interviews.
Councilman Groisman recommended that they select one member of the Council to pick the top
5 candidates. He suggested that Ms. Mejia be included in the top 5.
Assistant Mayor Cohen stated that they could benefit from an additional candidate applying.
Councilman Groisman spoke.
Mr. Gonzalez summarized for the Council the process they established. Each Council Member
will pick 3 candidates, and submit those names to the Village Manager. In turn, the Village
Manager will provide the Council the list of candidates to interview by January 27, 2015.
R9F Public Comment
Brian Mulhearn (10245 Collins Avenue) spoke.
Raj Singh (53 Camden Drive) spoke.
Mayor Packer spoke.
Mr. Gonzalez spoke.
Councilman Groisman spoke.
R10C Written Report on the International Luxury Travel Market (ILTM) Event
No discussion.
R11 —Village Clerk Report
R11A Lobbyist Registration Report —Report as of January 13, 2015
Ms. Mejia stated that no new lobbyist registrations had been submitted to the Village Clerk's
Office since the December 10, 2014 Council Meeting. Therefore, there were no new lobbyist
registrations to report.
R12 — Village Attorney Report
R12A Verbal Report from the Village Attorney
Village Attorney Matthew Pearl stated that they were unable to hold the scheduled attorney
client session, and it would be rescheduled for the next Council Meeting date.
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Page 116
ADJOURN: There being no further business, a motion was offered by Councilman
Groisman and seconded by Councilman Salver to adjourn. The motion carried (4-0);
(Councilman Sanz absent) and the meeting was adjourned at 11:31 p.m.
Attest:
Dolores M.
ejia, Inten
Village Clerk
Mayor Martin Packer
Bal Harbour Village Regular Council Meeting Minutes 1.13.15 Pagel 17
PIJAC
TESTIMONY OF THE PET INDUSTRY JOINT ADVISORY COUNCIL BEFORE
THE BAL HARBOUR, FLORIDA VILLAGE COUNCIL REGARDING A
PROPOSED ORDINANCE REGARDING THE RETAIL SALE OF DOGS AND
CATS IN BAL HARBOUR
January 13, 2015
The Pet Industry Joint Advisory Council (PIJAC) appreciates the opportunity to offer
the Bal Harbour Village Council our views regarding the proposed ordinance to
"prohibit the retail sale of dogs and cats" in Bal Harbour. As the country's largest pet
trade association, representing the interests of all segments of the pet industry
throughout the United States, PIJAC counts among its members national associations,
organizations, corporations and individuals involved in the commercial pet trade. More
specifically, PIJAC represents the interests of pet stores, distributors, pet supply
manufacturers, breeders, retailers and pet owners throughout Florida and across the
United States.
Let me begin by saying that no one cares more about healthy and safe pets than do
PIJAC and our members. We have for many years provided a well -respected animal
care certification program that is widely utilized by persons in the commercial pet trade
as well as in shelters and humane societies across the country. Our association has long
been recognized as the voice for a responsible pet trade, and we routinely advocate
legislative and regulatory proposals establishing governmental mandates where
appropriate to advance the public interest and the welfare of pets. PIJAC works closely
with USDA to ensure effective enforcement of the federal Animal Welfare Act, and has
since its inception. We regularly work with federal and state agencies as well as local
governments to advance animal welfare interests.
Even as we have worked to raise standards of care, PIJAC has battled misconceptions
about the quality of pet store animals and the sources of such animals. The
unsubstantiated assertion that pet store animals generally come from substandard
breeding facilities is commonly used as a smoke screen to obscure the fact that the
overwhelming majority of pet owners who choose to purchase from pet stores bring
home a happy, healthy pet and remain highly satisfied with their pet store experience.
The reality is that almost all pet store puppies originate from USDA licensed breeders
who are regularly inspected and found to comply with appropriate care standards. By
contrast, many of the dogs and cats from other sources, including rogue Internet
operators, private sales, shelters and rescues, did not come from licensed breeders.
What purpose does this proposed ban serve? It doesn't protect consumers, as there are
currently no stores who sell dogs and cats within the town limits. That being said, it
should be noted that customers already enjoy far more protection in the law for the
animals they get from pet stores than from any other source. They would merely be
deprived of looking to a pet store as one of several alternatives for acquiring a pet, and
in the process lose statutory protections that they currently enjoy. It doesn't protect the
animals themselves. As already noted, pet store puppies are as healthy as any others
and typically receive more frequent veterinary care than puppies from other sources.
Additionally, consumers who buy their animals from pet stores enjoy extra protections
in the event the animal purchased is sick or diseased. As well-intentioned as this
proposal may be, the approach the ordinance takes is unsupported by all available facts.
PET INDUSTRY JOINT
ADVISORY COUNCIL
1146 19th Street, N.W., Suite 350
Washington, DC 20036
Tel: 202-452-1525
Fax: 202-452-1516
CHAIRMAN
Ken Oh
W F Young, Inc., East Longmeadow, MA
FIRST VICE-CHAIRMAN
Jeff Sutherland
Animal Supply Company, Federal Way, WA
SECOND VICE-CHAIRMAN
Greg Cyr
Central Garden and Pet, Walnut Creek, CA
SECRETARY/TREASURER
Andy Ponte
United Pet Group, Cincinnati, OH
DIRECTORS
Ryan Boyle
The Hunte Corporation, Goodman, MO
Tom Edling
Petco Animal Supplies, San Diego, CA
Bruce Flantzer
MiracleCorp Inc., Dayton, OH
Chris Fleming
Pinnacle Pet, Neosho, MO
Heather Govea
Natural Balance Pet Foods, Burbank, CA
Rolf Hagen
Rolf C. Hagen Inc., Baie D'urfe, Quebec
John Mack, Reptiles By Mack
Xenia, OH
Michael Peterson
The Pet Group, Carlsbad, CA
Laura "Peach" Reid
Fish Mart Inc., West Haven, CT
Jim Seidewand
Pet World, Inc., Rochester, NY
Joe Watson
Petland Inc., Chillicothe, OH
Marcie Whichard
Petco Animal Supplies Inc., San Diego, CA
ASSOCIATION REPRESENTATIVES
Jim Boschee (WPA)
Calabasas, CA
Kevin Fick (APPA)
Worldwise, San Rafael, CA
Steve King (PIDA)
Pet Industry Distributors Assoc., Abingdon, MD
Sandra Moore (FTFFA)
Segrest Farms, Gibsonton, FL
PAST CHAIRMEN
James Heim
Walnut Creek, CA
Frank Koch
Pacoima, CA
Allan Levey
New York City, NY
Alexandre Perrinelle
Los Angeles, CA
Elywn Segrest
Gibsonton, FL
PRESIDENT/CEO
Edwin Sayres
Further, a retail pet sales ban indiscriminately targets responsible pet stores, while exempting others who need not
even comply with the standards under which pet stores already operate. Thus, in considering a townwide retail pet
sale ban, the Council risks enacting a law that will not only fail to stop the bad actors who operate substandard
breeding operations, but will actually exacerbate the very problem a retail sales prohibition seeks to address.
Banning the sale of dogs and cats by pet stores that are subject to strict regulation and sourcing transparency will
only drive prospective pet owners to unscrupulous sellers of pets who are not licensed and are unconcerned about
compliance with animal care standards.
Animals delivered to pet stores in Florida are highly regulated:
• In the state of their birth
• In the state of their distributor
• By the federal government
• By Florida when the animals enter the state
• And animal cruelty is a criminal offense everywhere
Some make the claim that prohibiting the sale of commercially bred dogs and cats in pet stores will lead to more
adoptions of shelter animals. No independently developed data supports this claim. PIJAC knows that animal
control facilities and non -profits are often excellent sources for pets for some prospective pet owners, though not
for everyone. Many shelter animals are relinquished because of socialization or health issues. Adoption may not
be an appropriate option for families looking for a certain breed of animal for health considerations. There are
varied reasons why families choose the animals they do. They should have a choice and not be denied the pet that
best fits their family's requirements.
Furthermore, Florida has strict pet warranty laws. People who purchase pets from pet stores in the state have
ample opportunity to recover under alternative remedies if they purchase an unfit animal from a pet store. In
obviating this consumer protection provided under state law, the proposal adversely impacts potential small
businesses and pet owners alike within Bal Harbour. Only pet stores provide this warranty — shelters and rescue
groups do not offer a warranty.
We would also call your attention to the comments made by the Chicago Veterinary Medical Association in
opposition to a similar ordinance that passed last year in Chicago: "The Chicago Veterinary Medical Association
(CVMA) strongly believes that ongoing education is a much more effective method to increase pet owner
awareness and bring about the desired positive change necessary to address valid concerns regarding unethical,
unscrupulous breeders who are the ultimate problem." Their statement cites the several more stringent protections
offered to consumers who buy from pet stores as a primary reason for their opposition.
It should also be noted that federal judges have granted preliminary injunctions against similar ban ordinances
passed by the city of Phoenix, Arizona, and East Providence, Rhode Island, and Cook County, Illinois, has
voluntarily stayed enforcement of their own ordinance pending the results of a legal challenge there, as well. In
granting these injunctions, the courts found that the ordinances would be likely to cause "irreparable harm" to pet
store owners. Until this legal challenge to these ordinances is seen through to their several conclusions, it would
be irresponsible of the Village Council to pass a materially similar ordinance that could subject the village to a
similar legal challenge.
Hyperbole and emotionalism are poor substitutes for rational evaluation of objective information in establishing
public policy. PIJAC recognizes that a few substandard facilities supplying pet stores do exist, as do substandard
breeders providing dogs directly to the public and, in fact, substandard shelters as well. And, our efforts to ensure
humane standards of care are met in all of these facilities will continue. However, singling out pet stores for
specious generalizations based on anecdotal evidence will NOT eliminate the existence of substandard
conditions. While this may be a "feel good" approach it only diverts attention away from efforts to really
accomplish effective solutions and we urge the Village Council not to move forward with any proposed ordinance
that targets pet stores in this way.
PIJAC is highly sympathetic to the concerns motivating this proposed ordinance, but an outright ban on retail pet
sales is unjustified, harmful to the future of the local economy and ultimately will fail to better protect pets. We
respectfully urge the Village Council to reject the ban and not impose excessive restrictions on all pet owners by
preemptively prohibiting legitimate local businesses that would be committed to the health, safety and well-being
of the animals they could provide to Bal Harbour families.
If the purpose of this proposal is to encourage tighter restrictions on the sources of animals coming into
jurisdictions that DO have existing pet stores, PIJAC would welcome the opportunity to work with the Village
Council to raise the bar to ensure proper animal sourcing that protects dogs and cats. For instance, common sense
solutions would require:
• Animals come from only USDA licensed sources
• Breeders sourcing animals in any future Bal Harbour pet stores shall not have an entry on their last USDA
inspection report that directly impacts animal health (these records are searchable online) — these
inspection reports could travel with the animal and be made available to the customer
We would welcome the opportunity to work with Bal Harbour to arrive at a meaningful solution to the public
policy concerns related to the care of animals. By working together, we can make sure that Bal Harbour's citizens
continue to have access to healthy animals to love as pets now and in the future.
Thank you for your consideration of our views.
Respectfully submitted,
Mike Bober
Executive Vice President
Pet Industry Joint Advisory Council
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME -MIDDLE NAME
Sanz, Jaime M.
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
Bal Harbour Village Council
MAILING ADDRESS
655 - 96th Street
CITY
Bal Harbour
COUNTY
Miami -Dade
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
['CITY ❑ COUNTY
DOTHER LOCAL AGENCY
DATE ON WHICH VOTE OCCURRED
January 13, 2015
NAME OF POLITICAL SUBDIVISION:
MY POSITION IS:
❑✓ ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Jaime M. Sanz , hereby disclose that on JanuarY 13 20 15
(a) A measure came or will come before my agency which (check one)
Elinured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Council Agenda Item:
R9A Discussion Regarding the Venue and Advertising for the January 27th Workshop on the Bal Harbour Shops Expansion
Project (Requested by Councilman Salver)
R10A - Verbal Report on Bal Harbour Shops Expansion Project
The issues before the Council were related to a major expansion of the Bal Harbour Shops. I am a Department Manager at
Neiman Marcus, which is one of the two largest tenants at the Bal Harbour Shops. The expansion would significantly enhance
the economic prospects of the Shops' major tenants.
As an employee of one of the business entities which may be directly affected by the action and through my position at Neiman
Marcus I may directly or indirectly, profit or be enhanced by the action, inasmuch as a major financial benefit to Neiman Marcus
may also benefit its managerial staff.
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES § '2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2