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HomeMy Public PortalAbout2015-09-08 Regular MeetingBAL HARBOUR - VILLAGE - Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. Village Council Regular Meeting Minutes September 8, 2015 at 7:00 p.m. Bal Harbour Village Hall • 656- Wh Street • Bal Harbour • Florida 33154 CALL TO ORDER - Mayor Packer called the Regular Council Meeting to order at 8:16 P.M. ROLE CALL 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 REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS A Motion to defer Agenda Items R5A, R7C, R9C, R9D, and R9G was Moved by Councilman Jaime M. Sanz, and Seconded by Councilman Seth Salver. Vote: The Motion carried by unanimous voice vote (5-0). CONSENT AGENDA A Motion to approve the Consent Agenda was Moved by Councilman Seth Salver, and Seconded by Councilman Jaime M. Sanz. Vote: The Motion carried by unanimous voice vote (5-0). C4 - Committee assignments C4A A MOTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING WINFRED VAN WORKUM TO A VACANT SEAT Agenda Item C6B ON THE RESORT TAX COMMITTEE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (Village Council) C6 - Council Minutes C6A Regular Council Meeting — July 21, 2015 C6B Special Council Meeting — August 20, 2015 Assistant Mayor Cohen commended the Village Clerk on the minutes from the previous meetings. C7 — Resolutions 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. (Village Manager) End of Consent Agenda REGULAR AGENDA R1 — SPECIAL PROJECTS/INITIATIVES R1A Verbal Report on Bal Harbour Shops Expansion Project - 9:06 P.M. (Village Manager) Councilman Sanz left the dais. Mr. Weiss explained the opinion from the Miami -Dade County Commission on Ethics and Public Trust regarding Councilman Sanz recusal. Mr. Gonzalez provided a status report of the Shops expansion stating that he had been working with Shops to resolve an agreement with the proposal. He stated that discussions centered on the location of the Church and a development agreement. He reported that an issue that has arisen since the last status report was that the Miami - Dade Historic Preservation Board had requested preliminary research on the Church by the Sea. Mr. Gonzalez then described the procedures that could follow depending the outcome of the research. He finished his report stating that there was no development agreement or site plan for the Council to consider nor was there any other presentation. Bal Harbour Village Regular Council Meeting Minutes- September 8, 2015 Fa g E 12 Councilman Groisman commented on the two plans that had been submitted, and the request from the Council for the Shops to return with one single plan. Mr. Gonzalez stated that they had submitted a single plan with church on Village Hall site. Councilman Groisman asked if there is anything to vote on, to which Mr. Gonzalez responded that there was not. Mr. Weiss commented that the Shops had submitted a plan and application, but that it could not be voted on until there was proper notification and a development agreement. Mayor Packer addressed the public and commented on the historic perseveration of the Church. Public Comments Elsie Howard (9999 Collins Avenue) inquired about impediments to a voter referendum for the Shops expansion and urged the Council to find common ground. Bob Goodman (9999 Collins Avenue) asked the Council to consider the existing competition for the Shops in maintaining its viability to the community. Ree Kelly (2000 Towerside Ter., Miami Shores) urged the Council to put the best proposal forward to the Community and let the Community decide by referendum. Neil Alter (9801 Collins Avenue) commended the Council and commented on the number of residents currently speaking compared to those that earlier partook in the Budget hearing. Matthew Lazenby (Bal Harbour Shops) ask to Council to schedule the Shops' required public hearings and provided a brief history of the expansion project. He stated that he had submitted the one -and -only required plan on July 8th. Councilman Groisman expressed his concern that the plan continues to "morph". He asked Mr. Lazenby if the plan submitted on July 8th is the final plan, to which Mr. Lazenby replied that it was. Councilman Groisman again expressed the need to conserve Village, Council and public resources, then asked Mr. Lazenby once again if the plan submitted July 8th was the final plan, to which Mr. Lazenby replied that it was. Pattie Sepler (10275 Collins Avenue) commented on the positive impact the Shops has on the Village and the need for change to remain viable. Daniel Holder (24 Bal Bay Drive) commended the Council and stressed that it is important to finalize the Shops' intents. He commented on the past and future changes that may require variances. Tom Travis (10155 Collins Avenue) commented on the duration of the expansion project. Paul Pruess (10101 Collins Avenue) commented on the importance of the value of the Shops to the Village, the duration of the project and inquired who had placed the item on the agenda of the Historic Preservation Board, to which Mayor Packer responded that he had attended that meeting, and that parishioners and Village residents appealed the Commission. Mayor Packer stated that when the final plan comes to the Council, Bal Harbour Village Regular Council Meeting Minutes- September 8, 2015 P G g e l 3 the Council will review it, and if it involves the sale Village Hall property, the electorate will decide by referendum. Jana Falic (150 Harbour Way) spoke in favor of the ongoing process. Mayor Jean Rosenfield (Former Bal Harbour Mayor) asked if the issue of selling Village Hall could go to referendum separately, to which Mr. Weiss responded that a general referendum without backup, may not be supportable, and may not adequately inform the voters, but with substantial backup it would be a possibility. Rev. Robert Asinger (Church by the Sea) expressed his feelings regarding the process of plan submittal and review, and the now -possible additional review by the Historic Preservation Board. Councilman Groisman clarified that he had not recently met with Mr. Asinger and commented regarding the generalization of Mr. Asinger's statement that the Village is not negotiating in good faith. Mr. Asinger stated that we was expressing his feelings. Assistant Mayor Cohen stated on the record that she had not met privately with Mr. Asinger and further stated that the Council did not initiate the proceedings with the Historic Board and that cultural/historic/architectural heritage is a valid consideration. Sheila Elia Taplin (9999 Collins Avenue) encouraged all to maintain the quality of life of the Village, to which Mayor Packer responded that that is exactly what the Council wants to do. Peter Willis (10295 Collins Avenue) asked about a referendum process before Historic Preservation Board action, to which Mr. Weiss answered, if the Council chose to move ahead they could, but the in an economy of effort the Council is moving forward in the way it deems best. Matis Cohen (9801 Collins Avenue) commended the Council in determining the ownership of the streets in the Gated Community and expressed his observation that there may be an effort to circumvent the Council. Interruption of Audio from 10:17 P.M. until adjornment at 10:25 P.M. Raymond Slate (10155 Collins Avenue) no audio available. Beth Berkowitz (10160 Collins Avenue) no audio available. R5 - Ordinances R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 13, "PENSIONS AND RETIREMENT BENEFITS," BY AMENDING THE POLICE OFFICERS' PENSION PLAN AT SECTION 13-40 "DEFINITIONS," SECTION 13-41 "ELIGIBILITY," SECTION 13-42 "SAME -RETIREMENT DATES AND RETIREMENT BENEFITS", SECTION 13-46 "SAME -CONTRIBUTIONS," Bal Harbour Village Regular Council Meeting Minutes- September 8, 2015 Page 14 CREATING A NEW SECTION 13-54 "PLAN CLOSED TO NEW MEMBERS; PARTICIPATION IN FLORIDA RETIREMENT SYSTEM"; CREATING A NEW SECTION 13-55 "SHARE PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. FIRST READING. DEFERRED (Village Manager) R7 — Resolutions R7A 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. R7A.1 Subsurface Utility Easement SS-00-01 Phase 1 Sewer Replacement R7A.2 Subsurface Utility Easement SS-10-07 Phase 1 Sewer Replacement R7A.3 Subsurface Utility Easement SS-00-03 Phase 1 Sewer Replacement R7A.4 Subsurface Utility Easement SS-13-14-15-03 Phase 1 Sewer Replacement R7A.5 Subsurface Utility Easement SS-16-03 Phase 1 Sewer Replacement (Village Attorney) Councilman Groisman left the dais to avoid potential a conflict of interest. Mr. Gonzalez introduced the Resolution describing the current status of the infrastructure of Village's Sanitary Sewer System. He commented on the need to meet the sewage capacity described in the Master Plan to accommodate new construction within the Village. Mr. Weiss described the subsurface nature of the easements emphasizing that the Village does not own the streets. Mr. Gonzalez commented that although these are easements (takings) the best method would be for the Village to come to a negotiated agreements with the property owners. A Motion to approve was moved by Assistant Mayor Patricia Cohen, and Seconded by Councilman Seth Salver. Bal Harbour Village Fbgular Council Meeting Minutes- September 8, 2015 Public Comments Ree Kelly Stoppa (2000 Towerside Ter., Miami Shores) expressed her disagreement that abutting property owners having the rights to the streets to which Mr. Weiss responded that he was comfortable with Village's position. Jana Falic (150 Harbour Way) questioned the length of time of the project and whether or not there would be odors. Assistant Mayor Cohen for further affirmation that the streets were private, to which Mr. Weiss clarified the Village's position. Jeffrey Berkow (Berkow, Radell & Fernandez, 200 S. Biscayne Boulevard) agreed with the Village's position that it does not own the streets or the subsurface rights. Vote: The Motion carried by unanimous voice vote (4-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT THE OPEN KITCHEN AT MAJESTIC BAL HARBOUR 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; PROVIDING FOR AN EFFECTIVE DATE. (Building Department) A Motion to Approve was Moved by Mayor Martin Packer, and Seconded by Assistant Mayor Patricia Cohen. Mr. Gonzalez described the Resolution and the requirements for the Village to give a zoning determination and further described the project at Majestic Bal Harbour. Public Comments Tila Levi (61 Camden Court) spoke on Resolution R7A regarding the responsibility for damages, to which Mr. Gonzalez responded that the contractor would cover any damages. Councilman Groisman returned to the dais. Vote: The Motion carried by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, PROVIDING FOR RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION [POLICE OFFICERS, SERGEANTS AND DETECTIVES] AND BAL HARBOUR VILLAGE IN EFFECT FROM OCTOBER 1, Bal Harbour Village Fbgular Council Meeting Minutes- September 8, 2015 2015 THROUGH SEPTEMBER 30, 2018; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE COLLECTIVE BARGAINING AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED (Village Manager) R9 — New Business and Council Discussion R9A Discussion Regarding Greenspace Located Between the Entrance to the Gated Residential Community and Collins Avenue (Assistant Mayor Patricia Cohen) Assistant Mayor Cohen introduced the item describing the Greenspace as an untapped resource for the community. A Motion was made by Mayor Packer for the Council to provide Direction to the Village Attorney to prepare the necessary moves to acquire the Greenspace for the Village, and Seconded by Assistant Mayor Cohen. Vote: The Motion carried by unanimous voice vote (5-0). R9B Discussion Regarding the Process Involved for Handling Public Records Requests (Assistant Mayor Patricia Cohen) Assistant Mayor Cohen introduced the item, providing feedback that she had received from the community and emphasized the need to be transparent and at the same time facilitate the needs of the community. Mr. Gonzalez described the difference between requests for existing and non -existing public records, and stated that a process for handling requests is in place, with all requests being documented by the Village Clerk and reported to the Council. R9C Discussion Regarding the Collins Avenue Corridor Project. DEFERRED. (Councilman Jamie Sanz) R9D Discussion Regarding the appointment of committee members to Village committees. DEFERRED. (Councilman Jaime Sanz) R9E Discussion regarding a Resolution of the Village Council of Bal Harbour Village concerning a request for Federal Action, Vote of Disapproval, of the proposed nuclear deal with Iran for the purpose of calling on the honorable members of Bal Harbour Village Regular Council Meeting Minutes- September 8, 2015 the Florida Delegation to the 114th Congress to disapprove the proposed nuclear deal with Iran. (Councilman Seth Salver) Motion to Approve: Moved by Councilman Seth Salver, Seconded by Councilman Jaime M. Sanz. Vote: Motion carried by unanimous voice vote (5-0). Public Comments Daniel Holder (34 Bal Bay Drive) objected to the Council's involvement in National Issues. Evelyn Angler (7801 Bal Harbour) commented on the appropriateness of opposing a U.S. policy. Anthony Gillam (10170 Collins Avenue) reiterated the feelings of the previous speakers. Councilman Groisman and Mayor Patricia Cohen emphasized that the Council was not setting policy and that it was appropriate for the Council to provide advice to or commend other bodies of government. R9F Discussion regarding prohibiting the Village from entering into any contracts with any company which will not sign a verified representation that the company is not engaging in (and will not engage in), or affiliated with, the boycott of a person, group of people, or an entity based in or doing business with or in a jurisdiction with whom the State of Florida can enjoy open trade under law (e.g., Israel). (Councilman Gabriel Groisman) A Motion to Approve was Moved by Councilman Gabriel Groisman, and Seconded by Councilman Seth Salver. Councilman Groisman related the historical discriminatory practices that had occurred in Bal Harbour and recent global discriminatory practices. He further described the BDS Movement as discriminatory and expressed the need for the Village to become a leader in current social issues. Public Comments Ree Kelly (2000 Towerside Ter., Miami Shores) spoke in favor of the resolution. Councilman Salver commended Councilman Groisman in bringing the resolution to the Council. Vote: The Motion carried by unanimous voice vote (5-0). R9G Discussion Regarding the Rules of Procedure of the Village Council. DEFERRED. (Village Attorney) Bal Harbour Village Regular Council Meeting Minutes- September 8, 2015 Pa g e 18 R9H Discussion Regarding the Ordinance for Increasing Fines. DEFERRED. R9I Public Comment R10A (Village Attorney) R10 — Village Manager Report R11 — Village Clerk Report R11A Village Clerk Report, Village Lobbyist Registration Report, and the Appointment of Mr. Kristopher Taplin to the Resort Tax Committee R12 — Village Attorney Report R12A End of Regular Agenda ADJOURN Motion to Adjourn, Moved by Councilman Gabriel Groisman, Seconded by Councilman Seth Salver. The Meeting was adjourned at 10:25 P.M. Attest: f- Dwight illage Clerk Mayor Marti acker Bal Harbour Village Regular Council Meeting Minutes- September 8, 2015 Pa g e 9