HomeMy Public PortalAbout2015-07-21 Regular MeetingBAL HARBOUR
COUNCIL MEETING MINUTES
REGULAR MEETING -.DULY 21, 2015
The Regular Meeting of the Bal Harbour Village Council was held on July 21, 2015 at the Bal
Harbour Village Hall Council Chamber (644 — 96th Street, Bal Harbour, Florida).
CALL TO ORDER — The meeting was called to order at 7:04 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
Dwight S. Danie, Village Clerk
Richard Jay Weiss, Village Attorney
PLEDGE OF ALLEGIANCE
Mayor Packer led the Pledge of Allegiance and followed by a moment of silence for the 5
American service members killed in Chattanooga, Tennessee on July 16, 2015.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Motion to approve the deferral of Agenda Items R1A, C7C, R7E, R9D R9E and R9F:
Moved by Councilman Seth Salver, Seconded by Councilman Jaime Sanz. Motion
passed unanimously (5-0).
PRESENTATIONS AND AWARDS
NO ITEMS
CONSENT AGENDA
Motion to approve the Consent Agenda: Moved by Councilman Seth Salver, Seconded
by Councilman Gabriel Groisman. Motion passed unanimously (5-0).
C6 - COUNCIL MINUTES
C6A REGULAR COUNCIL MEETING — JUNE 23, 2015
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH C & I CONSTRUCTION AND
DESIGN INC. TO SUPPLY AND INSTALL REPLACEMENT IRRIGATION
METERS WITH OTHER WORK AT THE SEA VIEW HOTEL, THE BALMORAL,
THE BAL HARBOUR TOWER, THE PALACE, THE MAJESTIC TOWER, THE
KENILWORTH, AND THE CARLTON TERRACE CONDOMINIUMS FOR AN
AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND NINE
HUNDRED THIRTY DOLLARS AND NO CENTS ($130,930.00); PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(PARKS & PUBLIC SPACES DEPARTMENT)
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND
CONTRACT CITIES FOR USE OF THE COUNTY SOLID WASTE
MANAGEMENT SYSTEM; PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE.
(PARKS & PUBLIC SPACES DEPARTMENT)
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA RATIFYING THE EXECUTION OF THE FIRST AMENDMENT TO
ESCROW AGREEMENT BETWEEN ONE BAL HARBOUR CORPORATION,
BAL HARBOUR VILLAGE, AND WEISS SEROTA HELFMAN COLE &
BIERMAN, P.L., AS ESCROW AGENT; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE. (DEFERRED)
(VILLAGE MANAGER)
C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING AND APPROVING THE EXPENDITURE OF
$12,750.00 OF LAW ENFORCEMENT TRUST FUNDS TO PURCHASE
PROXIMITY SENSOR KITS FOR POLICE FLEET; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE.
(POLICE DEPARTMENT)
END OF CONSENT AGENDA
REGULAR AGENDA
R1 - SPECIAL PROJECTS/INITIATIVES
R1 A VERBAL REPORT ON BAL HARBOUR SHOPS EXPANSION PROJECT (DEFERRED)
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 12
(VILLAGE MANAGER
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE
II "EMPLOYEE'S PENSION PLAN", OF CHAPTER 13 "PENSIONS AND
RETIREMENT BENEFITS" OF THE VILLAGE CODE, BY AMENDING
SECTION 13-26 "DEFINITIONS" AND SECTION 13-28 "RETIREMENT DATES
AND RETIREMENT BENEFITS", IN ORDER TO COMPLY WITH CERTAIN
TAX REQUIREMENTS; PROVIDING FOR SEVERABILITY; REPEALING
CONFLICTING ORDINANCES; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE. SECOND READING PUBLIC
HEARING
(FINANCE DEPARTMENT)
Mr. Gonzalez introduced the Ordinance and explained that it does not affect employee
benefits, but implements text changes that are needed for the pension plan to comply with
IRS tax laws.
Motion to Approve the Ordinance on Second Reading: Moved by Councilman Jaime
Sanz, Seconded by Councilman Seth Salver. Vote: Motion carried by unanimous roll
call vote (summary: Yes = 5).
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
R5B 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. SECOND READING PUBLIC HEARING
(BUILDING DEPARTMENT)
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 P a g e 13
Mr. Gonzalez introduced the item and discussed concerns raised from the first reading of the
Ordinance. He stated that he had reached out to the St Regis, the Harbour House and the
Ritz Carlton. He stated that the resolutions of existing issues will be accomplished through a
code enforcement settlement with Harbor House, an extension of time with an escrow
agreement with the Ritz Carlton, with the St. Regis through the Architectural Review Board.
He stated that the Second Reading of this Ordinance adequately addresses the three
properties,
The Item was moved for discussion by Councilman Seth Salver, Seconded by
Councilman Jaime Sanz.
Councilman Groisman stated that a specific fine was missing from the ordinance and
questioned whether or not existing fines would be sufficient enough to change behavior. Mr.
Gonzalez stated that the code enforcement violations that are governed by State Statute may
not be sufficient, but the Village is preempted from amending them and that Village fines are
among the lowest in the County.
Mr. Weiss stated that other methods/motivations for increasing compliance could be
reviewed, and he reiterated that the three properties, in question, would be in compliance.
Assistant Mayor Cohen agreed that most of these fines don't seem to deter or motivate.
Mr. Weiss recommended that the Council pass ordinance as is, and that he would come
back to the Council with proposals for increasing fines.
Mr. Gonzalez also agreed that the current fine structure is not sufficient to deter violators and
though a fine could be levied daily, he stated that sometimes a cure period needs to be
provided and that he would welcome another look at the overall fine structure. Councilman
Groisman directed Mr. Weiss to draft an ordinance for the next meeting that would
apply across-the-board for all code enforcement.
Mr. Gonzalez stated that a special master imposed daily fine became a useful tool with the
Harbor House. Councilman Sanz agreed that a good enforcement tool would involve daily
enforcement and Assistant Mayor Cohen added that a more penalizing fine would get more
attention.
PUBLIC COMMENT
Matis Cohen (9801 Collins Avenue) stated that this issue was discussed in budget committee
and that it is an issue of policy for the administration.
Motion to Approve the Ordinance on Second Reading: Moved by Councilman Jaime
Sanz, Seconded by Councilman Seth Salver. Vote: Motion carried by unanimous roll
call vote (summary: Yes = 5).
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
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015
Page 14
R7 — RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE
DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL
YEAR 2015-16; AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK
TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-
DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE.
(FINANCE DEPARTMENT)
Mr. Gonzalez introduced the resolution and stated that a cap for the millage needs to be set.
Establishing the cap does not mean the ultimate millage rate could not lowered in September,
but raising it above the cap would be difficult. The Budget committee reviewed all Village
Departments and recommended a millage rate of 1.9654, which is a reduction from the
current rate of 2.0611. This would mean a median price home household would pay $25 less
and, for average home, $82 less. The Village has historically maintained a low rate; this
would be a 32% reduction from 2004. The Village's millage rate ranks among the lowest in
the County. Lastly, the Council is to set the Budget Hearing dates, the first, tentatively set for
September 8th at 5:01 P.M.
Assistant Mayor Cohen stated that she did not think that it was necessary to lower the millage
rate, but that she would go with the budget committee's recommendation. She stated that is
better to keep the rate at the present level so that Village coffers would be strengthened.
Councilman Salver suggested having the Budget Hearing at 7:00 p.m. stating that it would be
better for public input.
Assistant Mayor Cohen asked to keep the voting traditional: alphabetical.
Mr. Weiss stated that the State is particular, that all actions regarding millage should be
heard no earlier than 5:01 P.M. and that 7:00 should be fine. Mr. Gonzalez agreed.
Councilman Groisman stated that the Village doesn't tax unnecessarily and it has a Budget
committee that sets aside money for emergencies/disasters. And he stated, if the millage
rate could be lowered it should be.
Motion to set the date of the first Budget Hearing for September 8, 2015, and to set the
time to begin at 7:00 p.m. Moved by Mayor Packer, Seconded by Councilman Seth
Salver. Motion carried by unanimous voice vote (summary: Yes = 5).
Mr. Gonzalez discussed setting the date and time for the second Budget Hearing. Assistant
Mayor Cohen suggested voting today to set a tentative date. Councilman Salver questioned
the timing of the meeting. Mayor Packer spoke.
Mr. Gonzalez stated that the limitations for setting the date of the second hearing include:
Miami -Dade County Commission's and the County School Board's budget hearings, religious
holidays, advertising requirements and travel schedules. The first meeting on Tuesday,
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 15
September 8th will include a Regular Council Meeting and the first Budget Hearing. The
second meeting in September will only be the second budget hearing. He advised that
scheduling the second hearing the last week in September would not leave room for error. To
which, Mr. Weiss agreed.
Mr. Gonzalez stated that he will review and suggest options for dates for the second hearing.
Assistant Mayor Cohen stated that September 15th is possible, but she may have to go out of
town. Councilman Salver stated his concern for public hearing starting at 9:00 P.M. without
the public watching.
Mr. Gonzalez stated that the Council will officially set the second hearing date during the
September 8th meeting and that he would review and suggest optional dates for
consideration.
Vote: Motion to approve a millage rate of 1.9654: Moved by Councilman Jaime Sanz,
Seconded by Councilman Seth Salver. Vote: Carried by unanimous voice vote
(summary: Yes = 5).
R7B A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE
MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE
METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN BAL HARBOUR, FLORIDA; DETERMINING
THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE
ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE
DATE.
(FINANCE DEPARTMENT)
Mr. Weiss suggested beginning with a motion and a then a second, then open the floor to
discussion.
The Item was moved for discussion by Councilman Seth Salver, Seconded by
Councilman Jaime Sanz.
Mr. Gonzalez introduced the resolution. He stated that the Village collects solid waste
expenses through the tax bill; $224.74 per dwelling unit in multi -family, and $480.32 single
family home. He recommended that the existing assessment remain the same and that
$655,010 would be sufficient to fund a year's operation of the solid waste collection.
Councilman Groisman questioned an inconsistency in resolution documents. Referring to
Sections 3(G) and Section 3(H), he stated that the document says that every residential unit
should pay the same, and that the rate should not be determined by size and value of
property, and that it is not equitable for single family units to be assessed two times more
than multi -family.
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 P a a a 1 6
Councilman Salver stated that if anything, the assessment should be lower for multi -family.
Mr. Gonzalez stated that if there is an interest in changing the assessment, a rate study
should be conducted. Councilman Groisman asked who had drafted the Apportionment
section of the resolution. Mr. Weiss and Mr. Gonzalez commented that it was the Council,
but many years prior.
Mr. Gonzalez indicated that Section H and Section I, which say apportioning single-family is
fair and multi -family is fair. Mr. Weiss stated that the definition section defines residential as
including both single and multi -family. Councilman Groisman stated that apportionment
should be equal for both. Mr. Weiss stated that the document is saying that is a reasonable
way to apportion between different properties. Councilman Sanz spoke. Mr. Gonzalez
stated that we only collect what we need.
Mr. Weiss reiterated that if we want to change the way that it is apportioned, then we should
conduct a rate study. Councilman Groisman spoke.
Mayor Packer stated that much more service is provided to the private home. He stated that
a time schedule study would show more time per stop for single family that on large multi-
family units. He also added that in the past he had suggested that the assessment be based
on square footage of the home.
Mr. Gonzalez stated that a bulky waste service is included for single family homes, while not
suggesting that this was there reason, and repeated that a rate study should be conducted to
change the apportionment.
Councilman Sanz stated that charging the apartment buildings with many units, the same
amount as a single family home, would be illegal. Mr. Weiss stated that you can't just pull a
number; that this method has been used for years, and in order to justify an assessment,
numbers need to be based on a study.
Assistant Mayor Cohen asked Mr. Weiss would study conclude not exact science, why would
we do that. Mr. Weiss stated that he couldn't say what a study would say. Councilman Sanz
we need to move ahead for this year, but we need to study this carefully.
Public Comment
Steve Greenberg (9930 Collins Ave.) spoke regarding the necessity of facts for decision
making.
Mr. Weiss replied that he doesn't know if a study was done at the time the current
assessment was determined and that this was the allocation done at that time, if we feel it is
unfair, then it needs to be reexamined.
Councilman Salver asked why the assessment is separate from the budget. Mr. Weiss
stated that we could be put into tax dollars as a cost for services system, and at one time it
was included in the budget. Mr. Gonzalez described different options for collecting the
assessment and reiterated the present need to get assessment roll to property appraiser by
the end of July.
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Pa g e 17
Assistant Mayor Cohen stated that it is time to reexamine the assessment and asked Mr.
Gonzalez to research methods used by other communities.
Mr. Gonzalez stated that if we want to change the apportionment rate, then a rate analysis
should be conducted. He then described collection in Miami Beach where the City collects
for single family and commercial is separate by pre -approved authorized providers, however
hauling is not coordinated. Assistant Mayor Assistant Mayor Cohen added that an economy
of scale is not enjoyed. Councilman Sanz questioned if we could do just residential and the
rest would contract with someone else on their own.
Councilman Groisman stated that we need to revisit this issue but for now, we should pass
this resolution.
Vote: Motion carried by unanimous voice vote (summary: Yes = 5).
Motion to conduct a rate analysis for next year: Moved by Councilman Jaime Sanzs
Seconded by Councilman Seth Salver.
Councilman Salver suggested including in the study the alternative of rolling the assessment
into the budget.
Mr. Gonzalez stated that using that method, the apportionment would not be distinguished
between residential and non-residential.
Assistant Mayor Cohen stated that Councilman Salver's approach could represent a fair
approach.
Vote: Motion passed by unanimous voice vote amended with the alternative to include
the option of rolling the costs into the budget.
Public Comment
Beth Berkowitz (10160 Collins Ave.) explained how the solid waste assessment was
separated from the tax bill.
Motion: to approve the second study: Moved by Councilman Seth Salver, Seconded by
Assistant Mayor Patricia Cohen; passed by unanimous voice vote.
R7C A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE
PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND
PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR
VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING
SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY
LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL
HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND
LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL
SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE
PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC
HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
(FINANCE DEPARTMENT)
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 18
The Item was moved for discussion by Councilman Seth Salver, Seconded by
Councilman Jaime Sanz.
Mr. Gonzalez described the resolution and stated that he with met those in the gated
community that are creating the homeowner's association and with members of what used to
be the residential advisory committee, to determine what the assessment should be. It is
recommended that the assessment should remain status quo: $1,802 for single family, $901
for each unimproved property and $7,208 for each private recreational facility.
Public Comment
Ree Kelly (2000 Towerside Ter., Miami Shores) asked questions regarding the status of the
district. Mr. Weiss answered her questions regarding the historical methodology for collecting
the assessment.
(Speaker timer created feedback, interruption of audio)
Mr. Gonzalez spoke regarding having obtained feedback from the community.
Councilman Sanz expressed that he would like to discuss an item before a motion to discuss
is made. Mr. Weiss stated that the Council may choose its own procedures. Assistant Mayor
Cohen stated that she also would feel more comfortable in discussing the item first. Mayor
Packer stated that the Council will continue taking the motion after discussion
Vote: Motion carried by unanimous voice vote (summary: Yes = 5).
Councilman Salver asked Mr. Weiss if it would be beneficial to codify the procedures. Mr.
Weiss stated that the procedures would be presented as a discussion item for the next
Council meeting.
Public Comment
Raj Singh (53 Camden Drive) spoke regarding his experience with rules of procedure.
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING THE REORGANIZATION OF THE BAL HARBOUR
VILLAGE BUILDING DEPARTMENT; PROVIDING THE IMPLEMETATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
(VILLAGE MANAGER)
Mr. Gonzalez discussed how Building Dept. is currently structured. It has 2 positions, 2
employees (counter clerks) and a 3rd party provider, CAP Government Inc., for outsourced
building department services. CAP receives 70% of the permit revenue or 65% for any
amount greater than $50,000. He stated that the Building Official should be a full-time
employee that gains experience specific to the Village. The costs of the Building Dept. are
funded by applicant fees. Cost savings of around $50,000 based on conservative building
cycle. The Budget Committee recommended this option.
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 19
Public Comment
Daniel Holder (24 Bal Bay Dr.) spoke regarding the powers of the Building Official, permitting
fees and requirements listed on the Village's website.
Mr. Gonzalez replied that Miami -Dade County Board of Rules and Appeals is where disputes
are settled and that Village Code is clear regarding permitting requirements. Assistant Mayor
Cohen agreed that the website should coincide. She also offered that permit fees could be
deterrents for small projects. Mr. Gonzalez stated that the Council has zero discretion on
Florida Building Code requirements, amounts however, are our discretion. We do have
100% discretion on areas the Florida Code does not address.
Matis Cohen (9801 Collins Avenue) spoke. Bal Harbour pricing is about 30% less than Miami
Beach for permits and to increase accountability, the current revenue stream could fund an
accurate website and code archive.
Assistant Mayor Cohen stated that lengthy discussions were held at the Budget Meetings.
She stated that she supported technological advances and the in-house provision of services.
Councilman Groisman agreed with Assistant Mayor Cohen that this resolution provides two
options: renegotiate with CAP or enter into agreement with a 3rd party contractor.
Mr. Gonzalez stated that we want to hire a building official and that we don't need to hire
inspectors, thus we need to renegotiate or hire a different provider.
Councilman Groisman stated that he was concerned about hiring a "CEO". He
recommended this resolution be adopted with the amendment to authorize the Village
Manager to terminate and enter into agreements, and then recommend agreements with the
Council for approval.
Mr. Gonzalez stated that we need to continue building services without interruption.
Mayor Packer asked if the building official would be paid by fees, or would the building official
be an employee of the Village? Mr. Gonzalez answered yes, and yes. They become an
employee of the Village and the full cost of building department is captured through fees.
Councilman Salver asked if there was a reserve to cover a deficit. Mr. Gonzalez answered
that there was, and given the next few years, the reserve would be sufficient.
Councilman Sanz asked whether or not this item was an emergency and if the Council could
wait until September? Councilman Groisman agreed with Councilman Sanz. Mr. Gonzalez
stated that there was no emergency, but the sooner the item was decided, the sooner the
70% permit revenue stays within the Village.
Lost Internet connection with Councilman Groisman and Assistant Mayor Cohen
Public Comment
Beth Berkowitz (10160 Collins Ave.) inquired regarding the criterion and qualifications of the
Building Official. Mr. Gonzalez answered that this is governed by Building Code.
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Pag3 110
Matis Cohen (9801 Collins Avenue) recommended finding a candidate now and then start
preparing the groundwork to house a building department.
Councilman Salver stated that we need to look forward, that this has been vetted by Budget
Committee, that this makes sense dollar -wise, and that he is not in favor of tabling the item.
Neil Alter (9801 Collins Ave.) asked about the cash flow and recommended that the Council
should move forward expeditiously.
Mr. Gonzalez answered that cash flow varies from month to month. Logistics and timing is
important to retain the 70%, and that we need to be mindful that the Village does not take on
obligations (inspections) after the company collects the 70%.
Councilman Groisman returned to meeting video and voice
Assistant Mayor Cohen returned meeting voice only
Assistant Mayor Cohen stated that construction times vary and that this is a complicated
issue, illustrated with our present relationship with CAP, and that we should understand all
implications before moving forward.
Mr. Gonzalez stated that we need to hire the building official first. Assistant Mayor Cohen
asked for clarity. Mr. Gonzalez stated that he needed to enter into a professional services
agreement, after which, he can come back to Council for ratification.
Councilman Groisman recommended deferral of the item.
Mr. Gonzalez suggested removing Section 3 and approving Sections 1 & 2 of the resolution.
Councilman Groisman stated that he was concerned about the possibility of paying double if
we have a new building official and still have the CAP contract and 3rd party vendors. Mr.
Gonzalez stated that he doesn't anticipate paying double and that we may have to end up
with CAP anyway, just not as building official. He stated that he needs the authority to
renegotiate the contract.
Public Comment
Ree Kelly (2000 Towerside Ter., Miami Shores) asked about the revenue from Bal Harbour
Shops, to which Mr. Gonzalez answered $300,000,000 of construction, projected, so 1% of
that. She replied, $3,000,000, and having 70% or $2.1 million going to company stresses the
importance of finding someone now.
Assistant Mayor Cohen requested that we put every mechanism in place to keep the fees.
She also spoke in favor of approving sections 1 & 2 stating that it is not within the Council's
discretion to decide which building official is hired. Mr. Gonzalez agreed that it is the
Manager's discretion, but stated that contracts are the Council's.
Councilman Groisman proposed an amendment to strike Section #3 and everything in
Section 2 after the words "Building Official".
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 111
Mr. Gonzalez stated that the industry is highly regulated, State certified, but there would still
be a need to bring in other trades, independent contractors, CAP or other companies. To
which, Assistant Mayor Cohen replied that she was not comfortable with the possibility that
the building official might come from CAP, and while other services still come from CAP.
Councilman Groisman asked if the Council would ratify the contract of the Building Official to
which Mr. Gonzalez replied that the Building Official would be an employee -at -will.
Motion to amend the Ordinance strike Section #3 and last part of section 2 (after
"Building Official"), Moved by Councilman Gabriel Groisman, Seconded by Mayor
Martin Packer.
Vote: Motion passed (summary: Yes = 4, No = 1). Yes: Assistant Mayor Patricia Cohen,
Councilman Gabriel Groisman, Councilman Seth Salver, Mayor Martin Packer.
No: Councilman Jaime M. Sanz.
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE
DECLARING THAT ACQUISITION OF A PERMANENT SUBSURFACE
UTILITY EASEMENT UPON PRIVATE PROPERTY WILL SERVE A PUBLIC
PURPOSE AND IS NECESSARY TO REPLACE A PORTION OF THE
VILLAGE'S AGED, DETERIORATED, AND UNRELIABLE SANITARY SEWER
INFRASTRUCTURE; AUTHORIZING THE VILLAGE MANAGER AND ALL
OTHERS ACTING ON HIS BEHALF TO ACQUIRE THE PARCEL DESCRIBED
HEREIN THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN;
AUTHORIZING THE VILLAGE MANAGER AND ALL OTHERS ACTING ON
HIS BEHALF TO TAKE SUCH FURTHER ACTIONS AS ARE REASONABLY
NECESSARY; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE. (DEFERRED)
(VILLAGE ATTORNEY)
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A DISCUSSION REGARDING PROPOSED RULES AND REGULATIONS FOR THE OPERATION
OF THE MARINA
(VILLAGE ATTORNEY)
Mr. Weiss reminded the Council that the Village is in litigation with owners of Marina, that the
Courts will determine any legal issues. Assuming that the Marina is permitted to exist within
the Village, this discussion addresses the concerns of residents, which are listed in the
Agenda packet, plus the supplemental comments from the residents in the handouts.
Mayor Packer spoke.
Councilman Groisman suggested receiving comments from the public first.
Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 Page 112
Public Discussion
Jonathan Kaskel, Attorney at Gunster, 600 Brickell Ave. Suite 3500, Miami, 33131,
representing Flamingo Way Enterprises and Bal Harbour Yacht Club spoke presented his
clients' position. He asked the Council to reconsider implementing an ordinance and to
compare this marina with other private marinas.
Ree Kelly (2000 Towerside Ter., Miami Shores) asked for clarification on ownership and the
requirements of the Village Code. Mr. Weiss replied that issues of ownership, and the right to
operate, are the subject of litigation and requested that there be no discussion on that topic.
Daniel Holder (24 Bal Bay Dr.) spoke regarding people staying overnight on the boats and
how the assessments for the marina were originally made.
Councilman Groisman stated that a government regulates to protect its citizens. He added
that there are several issues that could be regulated including: crews sleeping on boats,
crews walking around neighborhood at night, hours of operation, and registration of overnight
guests; and he asked Mr. Weiss to draft legislation.
Mr. Weiss stated that he was looking for direction from the Council, areas to include in
ordinance for example: hours of operation, and guest registration.
Councilman Salver added noise, and parking as issues.
Mayor Packer added the issue of changing mechanical fluids on site, in that the marina does
not have a service station.
Councilman Groisman added the issue of what time of day mechanical repairs could be done
stating that there should be uniformity with the rest of community. He also added that he did
not see the need to register passengers, since some of the yachts are large and have large
crews.
Assistant Mayor Cohen stated that the proposed code for boats should be consistent with
resident requirements. She also stated that the comparison to other marinas needed to be
more comparable and suggested a survey of residents. She added that this issue is
important and should be researched thoroughly. Councilman Groisman agreed with
obtaining more input from the community.
Councilman Salver questioned whether or not this conversation was pre -mature and
Assistant Mayor Cohen asked Mr. Weiss if the Council has the authority to regulate. Mr.
Weiss responded that the conversation was not premature and that a court will determine if
marina is operating in a legal way. He added regardless of the status of the marina, these
issues will come up and they will take time to address, so it is okay to start looking at them
now, to begin the discussion.
Councilman Salver addressed the standing of Village to regulate the Marina if it was
determined to be a homeowners association. Mr. Weiss responded that the Village can
regulate (zoning, setback) even though it may be private.
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 113
Assistant Mayor Cohen stated the Aventura local government had jurisdiction over the
Turnberry Isle Marina in regards to environmental issues and operation. Mr. Weiss agreed.
Public Input
Matis Cohen (9801 Collins Avenue) spoke regarding the necessity of businesses in the
Village having a BTR (Business Tax Receipt) to operate.
Daniel Holder (24 Bal Bay Dr.) spoke regarding trucks being used for fueling.
Tony Imbesi (175 Camden Dr.) spoke regarding the governing body for marinas being
DERM, insurance requirements for crews, and the responsibility of residents to report noise
issues.
Councilman Groisman stated that an issue to be addressed is the crew being part of the boat.
Mr. Weiss restated that he is looking for direction from the Council.
Councilman Groisman suggested deferring this discussion until further input is received from
the community.
R9B DISCUSSION REGARDING THE SELECTION OF CHRISTMAS DESIGNERS INC. AS THE
FIRST RANKED FIRM TO DEVELOP HOLIDAY LIGHTING AND DISPLAY PROGRAM
(VILLAGE MANAGER)
Mr. Gonzalez introduced the item for discussion. He stated that last year $75,000 was
budgeted for enhanced lighting, with another $75,000 in this year's budget. An RFQ was
issued to help determine a lighting company for 2015, to which, two firms submitted
proposals: Christmas Designers and Miami Christmas Lights. He stated that he was seeking
from the Council, a selection of the company, an establishment of a budget, an opportunity to
reconvene to review the design, and to designate a point person. The design would be
reviewed by interested stakeholders.
John Oldenburg (Parks & Public Spaces Director) introduced the representatives from the
two responding companies.
Kevin Long (Christmas Designers) reviewed the qualifications of his company and introduced
his designer John Catenaci.
Mayor Packer spoke.
Solange Beaumard and Randy Meyerson (Miami Christmas Lights) reviewed the
qualifications of their company.
Mr. Oldenburg stated that allocated budget is appropriate for a program that the Village
deserves and that both companies are qualified. He also stressed a need for expediency for
the selection of the company and timing of a workshop before the holidays.
Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 Page 114
Mr. Gonzalez asked representatives of both companies what were their deadlines for
programmatic design decisions.
Ms. Beaumard (Miami Christmas Lights) stated that her company would prefer 90 days, but
can make it happen sooner, stating that the lights would go up November 15 and be ready to
light after Thanksgiving, then gave a 43 day deadline.
Mr. Long (Christmas Designers) stated that his company would need 45 days.
John Oldenburg then recognized Committee members
Public Comment
Rose Scheiber stated that she was impressed with Miami Christmas Lights' proposal.
Beth Berkowitz (10160 Collins Ave.) spoke regarding the inclusion of Bal Harbour's branding
and was also impressed with Miami Christmas Light's proposal.
Daniel Holder (24 Bal Bay Dr.) asked if this could be funded from the tourist tax to which the
Council responded, yes. He also asked if religious questions were addressed, to which Mayor
Packer responded that they will be holiday lights.
Mayor Packer stated that he had attended the committee meetings, and preferred Miami
Christmas Lights' presentation.
Assistant Mayor Cohen stated that she had reviewed printed materials and researched both
companies and that she concurs with Mayor Packer. She described them as being
aspirational, and liked their technology component and their vertical integration, and stated
that they would be a better match for Bal Harbour. She volunteered to be the point person.
She spoke regarding spending the full budget, being that the Village is currently rebranding,
that Chandelier should be involved, and the corridor is being redone.
Steve Greenberg (9930 Collins Ave.) discussed previous budgets with Mr. Gonzalez and
recommended the need to "bump it up" when comparing Surfside's displays.
Councilman Groisman state that we should not wait until we redo the corridor and that we
need to use our new logos. He also stated that he liked Miami Christmas Lights better.
Assistant Mayor Cohen clarified that we should work in conjunction with our PR company and
take their guidance to which Councilman Groisman agreed.
Christina Lima stated that both companies were competent and the committee liked the other
company.
Councilman Sanz stated that Miami Christmas Lights is Bal Harbour, and that we have to act
now, that we should go all out and continue with the branding.
Mr. Gonzalez spoke.
Councilman Sanz expressed his desire to be the point person.
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Pa g e 1 15
Assistant Mayor Cohen nominated Councilman Sanz.
Mr. Gonzalez clarified the motion.
Motion: To choose Miami Christmas Lights establish the upper budget to $150,000,
convene a workshop setting to select the final design. Action: Approve, Moved by
Mayor Martin Packer, Seconded by Councilman Seth Salver. Motion passed
unanimously by voice vote.
Councilman Groisman clarified that the motion was for this year to, which Mr. Gonzalez
replied, yes, and then asked the Council to appoint a point person.
Councilman Sanz offered to be the point person.
Mayor Packer appointed Councilman Sanz as the point person.
R9C FOLLOW-UP TO THE DISCUSSION REGARDING BICYCLE RENTAL PROGRAM IN BAL
HARBOUR VILLAGE.
(ASSISTANT MAYOR PATRICIA COHEN)
Mr. Gonzalez described the possibility of expanding the shared bike program into Bal
Harbour. Of the three locations recommended by the company, he recommended a single
location by the Jetty. The bikes themselves are sponsored by Citibank, but there may be
branding opportunities on the racks.
Councilman Sanz spoke.
Mayor Packer asked a question regarding remuneration, to which Mr. Gonzalez replied that it
would be a concession type agreement, but with only one rack.
Mr. Gonzalez described how the bike rental would work.
Assistant Mayor Cohen asked for clarification of membership.
Mr. Gonzalez described how membership would work and stated that the company is willing
to proceed, and that he could negotiate a contract and come back to the Council.
Councilman Groisman praised the program and stated that his concerns had been
addressed, and that he supported the program. He stated that the Collins Ave location is an
issue.
Mr. Gonzalez recommended location 1 (the Jetty), cautioned on location 2 to maintain the
pristine beach, did not recommend location 3 (Collins Ave.).
Motion: To move forward with location 1 (the Jetty), Action: Approve, Moved by
Councilman Seth Salver, Seconded by Councilman Jaime M. Sanz.
Motion passed unanimously by voice vote.
Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 Pa g 116
R9D DISCUSSION REGARDING GREENSPACE LOCATED BETWEEN THE ENTRANCE TO THE
GATED RESIDENTIAL COMMUNITY AND COLLINS AVENUE - DEFERRED
(ASSISTANT MAYOR PATRICIA COHEN)
R9E DISCUSSION REGARDING THE APPOINTMENT OF COMMITTEE MEMBERS TO VILLAGE
CoMMITTEEs- DEFERRED
(ASSISTANT MAYOR PATRICIA COHEN)
R9F DISCUSSION REGARDING THE PROCESS INVOLVED FOR HANDLING PUBLIC RECORDS
REQUESTS - DEFERRED
(ASSISTANT MAYOR PATRICIA COHEN)
R9G DISCUSSION REGARDING SERVICES PROVIDED THROUGH MUTUAL AID AGREEMENTS
TO BAL HARBOUR VILLAGE -
(ASSISTANT MAYOR PATRICIA COHEN)
Mr. Gonzalez introduced the item and asked Chief Overton to speak.
Chief Mark Overton spoke regarding a burglary at the Bal Harbour Shops in which North
Miami Beach PD had processed the CSI. He stated that it is not uncommon to use other
departments. He stated that he is preparing his department to be certified, is buying the CSI
kit and will have CSI capability by end of the year.
Assistant Mayor Asst. Mayor Cohen stated why she brought this discussion to Council and
expressed her desire to bring CSI capability in-house and be self-sufficient.
Councilman Sanz praised Chief Overton for the police presence on Collins Ave.
R9H - PUBLIC COMMENT
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke regarding 3 issues: 119 RAC request;
what is happening with the FBI investigation of the Police; and January 28, 1986 council
meeting minutes - Resolution #303.
Daniel Holder (24 Bal Bay Dr.) discussed Bay Harbor's adoption of hours of construction and
the Bal Harbour shop negotiations. Mr. Weiss stated that if Councilman Sanz left, because of
the discussion of the shops, quorum would be lost, so it would be better to discuss the Shops
at a later date.
Steve Greenberg (9930 Collins Ave.) gave praise to Chief Overton, and Mayor Packer
regarding the crosswalks.
Bal Harbour Village Regular Council Meeting Minutes - July 21, 2015 q e 1 17
R1 O — VILLAGE MANAGER REPORT
R10A VERBAL REPORT FROM THE VILLAGE MANAGER
R11 — VILLAGE CLERK REPORT
R11 A LOBBYIST REGISTRATION REPORT — REPORT AS OF JULY 21, 2015
Lobbyist report is in the Agenda packet. An update was handed out for the registration of
Jonathan Kaskel, Attorney at Gunster earlier in the day
R12 — VILLAGE ATTORNEY REPORT
R12A VERBAL REPORT FROM THE VILLAGE ATTORNEY
END OF REGULAR AGENDA
ADJOURN: There being no further business, a motion was offe -d by Councilman Salver
and seconded by Councilman Sanz to adjourn. Motion pass: d un nim • usly.
Dwight S-- ani Village Clerk
yor M'" In Packer
Bal Harbour Village Regular Council Meeting Minutes — July 21, 2015 Page 118