HomeMy Public PortalAbout2015-10-20 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
OCTOBER 20, 2015
AT 7:00 P.M.
Bal Harbour Village Hall • 655 — 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER — Following the General Employees Retirement Board Meeting,
Mayor Packer called the Regular Meeting of the Village Council to order at 7:20 P.M.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Seth E. Salver
Councilman Jaime M. Sanz
Councilman Gabriel Groisman
Also Present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Jay Weiss, Village Attorney
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Motion to Approve the deferral of R9E Moved by Councilman Jaime Sanz and
Seconded by Councilman Seth Salver. Vote: the Motion carried by unanimous
voice vote. (5-0).
PRESENTATIONS AND AWARDS
PA1 A presentation was given regarding the St. Regis Bal Harbour Resort in
recognition of their Five -Star Customer Service Training for the Bal Harbour
Police Department and Village employees. Mr. Gonzalez and Chief Overton
described the Village's goal to enhance customer service and the collaborative
effort with the St. Regis to train Village police officers and Village Staff. Mayor
Packer presented a Certificate of Appreciation to Milton Sgarbi, Alex Martin and
Emily Keck. Chief Overton presented individual awards.
CONSENT AGENDA
Motion to Approve the Consent Agenda was Moved by Assistant Mayor Patricia
Cohen and Seconded by Councilman Seth Salver. Vote: the Motion carried by
unanimous voice vote. (5-0).
A Motion to Reconsider the previous motion was Moved by Assistant Mayor
Patricia Cohen and Seconded by Mayor Packer Martin Packer. Vote: the Motion
carried by voice vote (3-2): Mayor Packer, Asst. Mayor Cohen & Councilman Sanz
voting, YES; Councilman Groisman & Councilman Salver voting, NO.
Motion to Approve the Consent Agenda and pull item C7A was Moved by
Councilman Seth Salver and Seconded by Assistant Mayor Patricia Cohen. Vote:
the Motion carried by unanimous voice vote. (5-0).
ITEMS APPROVED IN THE CONSENT AGENDA WERE:
C6 - COUNCIL MINUTES
C6A First Budget Hearing - September 8, 2015
C6B Regular Council Meeting - September 8, 2015
C6C Second Budget Hearing - September 21, 2015
C6 - RESOLUTIONS
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING AND APPROVING THE DONATION OF $5,000
OF LAW ENFORCEMENT TRUST FUNDS TO "DO THE RIGHT THING OF
MIAMI, INC."; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN
EFFECTIVE DATE. (POLICE DEPARTMENT)
C7B was moved to the end of the agenda (page 7).
REGULAR AGENDA
R1A Verbal Report on the Bal Harbour Shops Expansion Project was discussed
towards the end of the agenda (R1A, page 9).
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,"
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. SECOND READING. (VILLAGE MANAGER)
Bal Harbour Village Regular Council Meeting Minutes- October 20, 2015 Page 12
Mr. Danie read the ordinance title into the record. Mr. Gonzalez describe the
negotiations with the PBA union and the amendments to the pension ordinance and the
fiscal impact statement by the actuary that had been submitted to the State. There was
no public discussion.
Motion to Approve the Ordinance on Second Reading was Moved by Councilman
Seth Salver and Seconded by Councilman Gabriel Groisman. Vote: Motion
carried by unanimous roll call vote (summary: Yes = 5).
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Mayor Martin Packer
X
Councilman Jaime M. Sanz
X
Councilman Seth E. Salver
X
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
BAL HARBOUR VILLAGE CODE OF ORDINANCES BY CREATING ARTICLE
X "CONTRACTING WITH THE VILLAGE", OF CHAPTER 2 "ADMIN-
ISTRATION" OF THE VILLAGE CODE, PROHIBITING THE VILLAGE FROM
PROCURING GOODS OR SERVICES FROM, OR OTHERWISE
CONTRACTING WITH A BUSINESS WHICH ENGAGES IN THE BOYCOTT
OF A PERSON OR ENTITY BASED ON RACE, COLOR, RELIGION,
GENDER, OR NATIONAL ORIGIN; PROVIDNG FOR CODIFICATION;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
FIRST READING
(VILLAGE ATTORNEY)
Mr. Danie read the ordinance title into the record. Mr. Gonzalez introduced the
ordinance. Councilman Groisman commented that similar legislation has been passed
in this and other states and municipalities countrywide.
Motion to Approve the Ordinance on First Reading was Moved by Councilman
Gabriel Groisman and 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
Mayor Martin Packer
X
Councilman Jaime M. Sanz
X
Councilman Seth E. Salver
X
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 Page 13
R7 — RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH PEAR PROGRAMS TO
PROVIDE RECREATIONAL PROGRAMMING DEVELOPMENT AND
MANAGEMENT SERVICES; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(DEPARTMENT OF PARKS AND PUBLIC SPACES)
Mr. Gonzalez introduced the item, describing its history and the previous work done by
the Administration exploring options to enhance the Village's recreation program. The
Village issued an RFQ and received a bid by PEAR (Professional, Educational, Athletic
and Recreation) Programs. He stated that the Budget Committee reviewed the
proposed budget and enhancements and recommended that the Council review and
approve the final programming. Mr. Gonzalez then described the how PEAR could
provide enhanced programming.
Mr. Gonzalez introduced Shelley Erasmus from PEAR Programs who provided a
presentation about her organization and different wellness based programs offered
including: resort recreation, youth athletics, innovative camp programs, community
recreation and after school programs. She then described the elements/components
that are integrated into each of these programs. She described how all the programs
are geared towards the community needs through outreach and surveys.
Councilman Groisman questioned if PEAR would staff the park at all times: Ms.
Erasmus answered "yes". He then asked if the programming would be free for
residents: Ms. Erasmus answered "yes". A short discussion ensued regarding fee -
based programming to which Mr. Gonzalez replied that the contract strictly provides
basic level of service. Councilman Groisman commented that the current contract does
not adequately address current employees, then inquired about the annual salary for
the recreational manager and suggested removing the first line of Exhibit B.
Ms. Erasmus described the proposed staffing as one manager two supervisors and four
recreation leaders. Councilman Groisman inquired about opportunities for current
employees, to which Ms. Erasmus replied that current employees would be provided
with the first opportunity to apply and then be trained by PEAR. Councilman Groisman
inquired if the costs were inclusive to which Mr. Gonzalez responded they were, but did
not include built-in costs, i.e. lighting.
Penny Sepler (10275 Collins Ave.) expressed that the Village should first know what it is
doing with the Shops in terms of facilities, and questioned the magnitude of the program
for Bal Harbour kids and residents.
Steve Greenberg (9930 Collins Ave.) suggested first doing a survey of community
needs.
Greg Levine (226 Bal Cross Dr.) expressed his concern for the current park employees.
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 Page 14
Beth Berkowitz (10160 Collins Ave.) agreed with the previous speakers suggested that
the Village should send out a questionnaire to the community.
Brian Mulheren (10245 Collins Ave.) suggested hiring a consultant to provide direction
and to determine community needs.
Assistant Mayor Cohen commented that the municipalities that she reviewed have their
own Parks and Recreation programs and in in-house staff and agreed with the speakers
regarding the lack of facilities, and suggested utilizing our small facility after the issue
has been fully explored.
Councilman Sanz
Mr. Gonzalez replied that PEAR would be first conducting a community survey. A
general discussion ensued regarding the use of in-house staff and a professional out -
sourced company to provide recreational managerial services.
Councilman Salver stated that parents within the Village had expressed that their
children had to go to neighboring municipalities and pay non-resident rates for
recreational programs, leading the Council to explore different opportunities. He stated
that this was a step in the right direction, that this company could utilize best practices.
Assistant Mayor Cohen expressed her concern that there was only one company to
choose from, to which Mr. Gonzalez replied that the industry was new and the applicant
list is therefore short.
Councilman Groisman expressed his concern over the structure of the contract as it
related to current park employees and their role.
Neil Alter (9801 Collins Ave.) commented on the lack of statistics and then questioned
how the funding would be allocated.
Mr. Gonzalez described the budget of the Parks program and the proposed
enhancements. John Oldenburg, Director of Parks and Open Spaces, described current
staffing and programming.
Steve Greenberg (9930 Collins Ave.) commented on lack of facilities.
Mayor Packer commented that the item needed more thoughtful consideration and
suggested the item should be deferred.
Assistant Mayor Cohen suggested that a survey should be conducted in-house.
Councilman Sanz expressed his concern that over having to make a vote with having
little time to examine what has been presented.
Motion to Approve the Resolution was Moved by Councilman Seth Salver. There
was neither Second nor further consideration.
Councilman Salver commented that the status quo was not acceptable.
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 Page 15
Mr. Gonzalez expressed that due to the Zack existing resources and current priorities, in-
house staff could not be expected to produce a survey and the project would need
placed on the "back burner. He also expressed that this project was brought before the
Council, in response to parents expressing their needs, in February, during the Budget
Planning process, during the Budget hearings. A general discussion ensued regarding
bringing the project back after sufficient information has been gathered including input
from the community.
R9 — NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion Regarding the Collins Avenue Corridor Project
(COUNCILMAN JAMIE SANZ)
Councilman Sanz introduced the item and expressed his concern with the lights and the
palm trees. He requested that the Manager provide a weekly report on the status of
work being conducted on Collins Avenue.
Councilman Groisman suggested taking concrete steps in the maintenance and
cleaning of the streets.
Mr. Gonzalez suggested the report be bi-weekly or monthly. He then described the
current Request for Qualifications and described near -future plans to present their
proposals.
Councilman Sanz expressed that current maintenance is important.
Beth Berkowitz (10160 Collins Ave.) asked why only the Village's palms are affected by
the virus. Mr. Oldenburg described the virus, how it is transmitted and the work that has
been done over many years to prevent the spread of the virus.
Councilman Sanz expressed his concern for public safety in regards to falling trees,
then asked if maintenance could be completed before the holiday lights are up.
Beth Berkowitz (10160 Collins Ave.) commented on the consistency of color of the
flowers along the Corridor.
Penny Sepler (10275 Collins Ave.) commented on the need to distinguish Bal Harbour
from other communities and the need for a consist look.
R9B Discussion Regarding the appointment of committee members to Village
committees
(COUNCILMAN JAIME SANZ)
Councilman Sanz commented on the need to explain to committee members their
expectations for participation on boards and committees. He then commented on the
timing of committee meetings with regard to providing timely updates to the Council. He
asked to see a periodic report from the Resort Tax Committee. Mr. Gonzalez
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 Page 16
commented that one of the first items on the next RTC meeting was to create a standing
time for committee meetings.
R9C Discussion Regarding Update on Tourism Advertising Campaign
(COUNCILMAN JAIME SANZ)
R9D Discussion regarding providing direction to the Village Attorney to prepare
transfer documents of landscaping and security contracts, guard gates, and
guard house to Bal Harbour Civic Association
(COUNCILMAN GABRIEL GROISMAN)
Mr. Groisman and Mr. Weiss introduced the item and asked the Council to provide
direction to start the process to begin preparing documents necessary.
Ree Kelly (2000 Towerside Ter., Miami Shores) commented on standing of Association
as a party of a contract. Mr. Weiss explained his disagreement.
Steve Greenberg (9930 Collins Ave.) asked about the term of the Kent Security
contracts and whether or not security personnel were armed.
Mark Fisher (284 Bal Bay Dr.) asked for clarification of the source of funds for legal
fees. Mr. Gonzalez explained the work that the Village Attorney would be undertaking.
A general discussion ensued regarding where the funds for Attorney Fees should come
from.
Beth Berkowitz (10160 Collins Ave.) commented on the duration of this issue and
expressed her concern for using public funds for private property.
Motion to Direct the Village Attorney to begin preparing transfer documents and
be paid from Security District funds was Moved by Assistant Mayor Cohen and
Seconded by Mayor Martin Packer. Vote: the Motion carried by unanimous voice
vote. (5-0).
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING AND ACCEPTING THE DONATION OF A
LABRADOR RETRIEVER FROM MIAMI BEACH K9 KNIGHTS INC., TO BE
UTILIZED BY THE BAL HARBOUR VILLAGE POLICE DEPARTMENT PATROL
DIVISION CANINE SQUAD FOR THE PURPOSE OF EXPLOSIVE DEVICE
DETECTION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
(POLICE DEPARTMENT
Mr. Gonzalez described the item. Chief Mark Overton described K9 Knights and how
they had offered the donation of the Labrador retriever to the Village. He described
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 P a g e 7
current crime statistics and the deterrent factor of deployment of the dog in a proactive
manner.
Motion to accept the donation was Moved by Councilman Seth Salver and
Seconded by Councilman Gabriel Groisman.
Mayor Packer inquired about the distribution of time between the Shops and the Hotels
to which Chief Overton responded
Councilman Salver commented on his trust in the judgment of the Chief in the utilization
of the dog to further protect the community. Councilman Groisman agreed.
Steve Greenberg (9930 Collins Ave.) asked the Chief how old the dog was, to which the
Chief replied that the dog would be newly trained.
Brian Mulheren (10245 Collins Ave.) commented that this type of dog is harder to obtain
then a narcotics dog, and that it would be a benefit to the community.
Beth Berkowitz (10160 Collins Ave.) inquired about where the dog would be walked and
does the community need it.
Mr. Groisman commented that the Council should send the right message to the Chief
and approve the measure.
Assistant Mayor Cohen commented on past practices of previous administrations and
questioned the message that the Council would be sending.
Chief Overton explained his reasoning for wanting to deploy the dog in the Village.
Vote: the Motion carried by unanimous voice vote. (5-0).
R9E Discussion Regarding the Ordinance for Increasing Fines
(VILLAGE COUNCIL REQUESTED DISCUSSION)
R9I Public Comment
Penny Sepler (10275 Collins Ave.) commented on the improvement in lighting
underneath the Bridge.
Neil Alter (9801 Collins Ave.) suggested for the survey of recreational programs, that
the Breeze be utilized to invite the community, that the Village address a letter to
condominium presidents and through conversation with the leadership of the HOA.
Brian Mulheren (10245 Collins Ave.) commented on the Walking Path and a need for its
upgrading using Resort Tax funding.
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 Page 18
Beth Berkowitz (10160 Collins Ave.) asked about parking stations underneath the
Bridge. Mr. Gonzalez described the Pay -to -Park (Pay by Phone) program. He then
described the improvements of that area. Ms. Berkowitz then inquired about the
progress of Beach access. Mayor Packer and Mr. Gonzalez answered it may only be a
matter of a few months.
Steve Greenberg (9930 Collins Ave.) voiced his approval of Chief Overton and inquired
about an update of the crossing at Seaview and Vista Shores and the water fountain.
Chief Overton described his research on solar -based crossing lights.
Assistant Mayor Cohen proffered, that to honor Assistant Village Manager Ramiro
Inguanzo, that he sit at the Dais during Council meetings. She then praised the
Unscripted Bal Harbour Art Program, and suggested exploring setting up a gathering
with Jorge Perez.
Mr. lnguanzo described the Unscripted Bal Harbour program.
R1 0 - VILLAGE MANAGER REPORT
R1A Verbal Report on the Bal Harbour Shops Expansion Project.
Councilman Sanz left the dais.
Mr. provided an update of project, stating that the last plans submitted in July are
currently online and that nothing new has been submitted. He then described the
activity of the Miami -Dade County Historic Preservation Board.
Councilman Groisman described his discussion with Mathew Lazenby and his receipt of
an updated but incomplete set of plans and commented that once
Assistant Mayor Collins reiterated the need for a complete and final set of plans that
would be readily available to the public and the need for a workshop before a final vote
by the Council.
Councilman Groisman inquired about the current activity at the shops.
Nik Massey (Bal Harbour Shops) replied that it was for additional parking.
Beth Berkowitz (10160 Collins Ave.) commented on the construction behind Neiman
Marcus.
Nik Massey (Bal Harbour Shops) stated that to his knowledge no work has started..
(VILLAGE MANAGER)
R11 - VILLAGE CLERK REPORT
R11A VILLAGE CLERK REPORT, VILLAGE LOBBYIST REGISTRATION REPORT
Bal Harbour Village Regular Council Meeting Minutes- October 20, 2015 Page 19
R12 — VILLAGE ATTORNEY REPORT
Mr. Weiss commented on his direction to research Council procedures to which the
Council replied that all was fine. He then asked the Council regarding what needed to
be done with the Marina to obtain public input. He then described his efforts in
obtaining a needs assessment for the grassy area.
Motion to adjourn was Moved by Councilman Groisman and Seconded by
Assistant Mayor Cohen.
The Meeting was adjourned at 10:26 P.M.
END OF REGULAR AGENDA
Attest:
Dwight S. Danie, Village Clerk
Mayor Martin Packer
Bal Harbour Village Regular Council Meeting Minutes— October 20, 2015 Page 110