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HomeMy Public PortalAbout2015-11-17 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 NOVEMBER 17, 2015 AT 7:00 P.M. (WITH 5:30 P.M. ATTORNEY/CLIENT SESSION) Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154 ATTORNEY CLIENT SESSION CALL TO ORDER - Mayor Packer called the Meeting to order at 5:41 P.M. ROLE CALL The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver (Joined the Attorney/Client Session) Those not present: Councilman Jaime M. Sanz (Joined the Attorney/Client Session regarding the Marina) Also Present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Jay Weiss, Village Attorney Joseph H. Serota, Village Attorney The Mr. Weiss announced the Attorney/Client Sessions at 5:41 P.M. and he, the Mayor, the Council, the Village Manager and Mr. Serota recessed to a private meeting room. After the Attorney/Client Session ended, the Council reconvened for its Regular Council Meeting at 7:00 P.M. CALL TO ORDER - Mayor Packer called the Regular Council Meeting to order at 7:00 P.M. 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 was led by Lynn Bloch Mullen. A moment of silence followed for those who lost their lives in Paris, France. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Mr. Gonzalez recommend that items R7A and R7B be deferred to the next Regular Council meeting due to public notice requirements. A Motion to defer R7A and R7B was made by Councilman Salver and seconded by Mayor Packer. Vote: Motion passed unanimously by voice vote (5-0). PA - PRESENTATIONS AND AWARDS PA1 Government Finance Officers Association presentation of Certificate of Achievement Award to the Village for the 2014 Comprehensive Annual Financial Report (CAFR). Mr. Gonzalez introduced Michael Rozelle, who described the program and presented the award to the Village. Mayor Packer recognized Village Finance staff. Councilman Salver acknowledged the importance to receiving this award. Mayor Packer then acknowledged Village Staff for the Fall Fest that took place on Sunday, November 15 from 11 am to 2pm at Bal Harbour Park (655 96th Street). REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6A Regular Council Meeting - October 20, 2015 Motion: to approve the Minutes, Moved by Councilman Seth Salver, Seconded by Councilman Jaime M. Sanz. Vote: Motion passed unanimously by voice vote (5-0). REGULAR AGENDA Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 12 R1A Verbal Report on the Bal Harbour Shops Expansion Project. (VILLAGE MANAGER) (R1A was discussed at the end of the Regular Council Agenda to allow Councilman Sanz to participate then recuse himself for discussions regarding the Shops.) Councilman Sanz left the dais at 10:19 PM. Mr. Gonzalez provided an update on activity that had occurred with the proposed Shops expansion. He commented that a new set of plans had been submitted on October 28th, 2015 and briefly described current litigation and a Miami -Dade County Historic Preservation Board meeting scheduled for the following day, November 18. Mr. Gonzalez then briefly described the October 28th plans as similar to past plans with the exception that the Church by the Sea was not located in the plans. Instead, Saks was expanded further to the West to where Village Hall currently is located. He stated that the newest plan contemplates the sale of Village Hall and that he was looking for direction from the Council on which direction to proceed. Councilman Groisman asked if the Shops had submitted a solidified term sheet, explaining that in order to cast a vote, he needs to know what he is voting on. Mr. Gonzales stated that having had discussions with the Shops, a term sheet could gel quickly, but questioned moving forward if Village Hall is not for sale. Council Groisman made a motion for the Village to set a hearing schedule for the Shops expansion; Councilman Salver seconded the Motion. Mayor Packer opened the item to public discussion. Danielle Touboul (10225 Collins Avenue) spoke if favor of the Bal Harbour Shops and the relevance of change. Lynn Bloch Mullen (10150 Collins Avenue) spoke regarding the lease of the Church and the time it will take for the Church to be relocated. Ree Kelly Stoppa (2000 Quayside Terrace) spoke asked for a thoughtful and honest process. Daniel Holder (24 Bal Bay Drive) questioned if permits had been pulled to demolish the Church, questioned if the legality of a (hypothetical) agreement between the Shops and Balmoral. Mr. Weiss commented that the Council cannot be put in the position of judge and jury and the State's Attorney's Office should be contacted by residents that believe illegal activity is being conducted. Gil Waxman (10225 Collins Avenue) presented a resolution from the Bellini board in support of the expansion of the Shops and recommended expediency in moving forward. Mr. Weiss commented that although the discussion was interesting, this was not the appropriate setting to be hearing testimony. He stated that the Shops had filed a set Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 13 of plans and now the Village was obligated to move forward and that the Village (and its experts) would now review the plan and present their findings to the Council sitting as the local planning agency in a quasi-judicial setting. Councilman Groisman stated that he had received many emails and wanted it to be known on record that 1. the Council is not demolishing the Church, that the Church has asked for its own demolition; 2. the Council did not provide direction to the Village Building Department; and 3. the Council could not stop a demolition, that it was matter between the County, the Building Department and the Church. Paul Pruis (10101 Collins Avenue) commented in favor of moving the project forward. Penny Sepler (10275 Collins Ave.) asked if the Council wanted the condominiums to discuss the items separately. To which Mr. Weiss highlighted the importance of reviewing factual evidence. Beth Berkowitz (10160 Collins Ave.) commented that opinions are important but should be based on facts and recommended that everyone should review the plans at Village Hall. Brian Mulheren (10245 Collins Ave.) commented on the importance of reviewing the plans, and the importance of public notice and a workshop before a vote is taken. Councilman Groisman commented that tonight's vote is not substantive, but is a vote to set a schedule of hearings to move forward. Michael Krop (9601 Collins Ave.) commented on the importance of knowing the full value of the property (Village Hall) to the Shops for what they will be entitled to use it. After further public discussion, the motion to set a schedule to move forward was restated. Mr. Gonzalez reiterated that a favorable vote to proceed would include instructing the Manager and the Attorney to finalize documents and for the Council to ultimately vote on the project base on the plans from October 28, which contemplated the sale of Village Hall, with the Village acting in the capacity as a regulatory agency and as a buy/sell transaction partner. Councilman Groisman added to his motion that the he would like to have the term sheet finalized at least 30 days prior to when the first hearing is scheduled. Assistant Mayor Cohen asked for clarification on whether or not this vote would acknowledge that the plans were viable, to which the Council generally agreed that it would not. Mr. Weiss and Mr. Gonzalez explained that this process differed from the normal process in that not all the property under consideration belongs to the applicant, therefore the Administration was asking if it was authorized to negotiate the sale of Village Hall. Councilman Groisman stated that he disagreed with making a decision today, that an affirmative vote means nothing more than putting the item on a schedule. Mr. Gonzalez stated that he can work on two options, Option "A" being Village Hall being for sale, and Option "B" being that Village Hall was not for sale. Councilman Groisman stated that there is no Option "B," that the plan submitted would be processed by staff and the Council would approve or reject it. Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 14 Assistant Mayor Cohen stated that she was eager to move forward but that she could not consentto a set of plans that included the sale of Village Hall. There were no further comments regarding the sale of Village Hall. The Council generally agreed that the first meeting to be scheduled as a local planning agency should be a Special Meeting allowing the Council to vote, should it choose to do so. Assistant Mayor Cohen further requested that a set of plans be made available to the public in the lobby of Village Hall. Vote: The motion to set a hearing schedule, for the plans submitted by the Shops on October 28, 2015, with the condition that all documentation be completed and submitted to the Council at least 30 days prior to the first Special Meeting was passed unanimously (4-0). R5 - ORDINANCES R5A 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 "ADMINISTRATION" 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. SECOND READING (VILLAGE ATTORNEY) Motion: to approve the Ordinance on Second Reading, Moved by Councilman Gabriel Groisman, Seconded by Councilman Seth Salver. Vote: Motion carried by unanimous role call vote (5-0). Yes No Assistant Mayor Cohen X Councilman Groisman X Mayor Packer X Councilman Sanz X Councilman Salver X Councilman Groisman commented that Bal Harbour Village is the first municipality in the country to pass this type of ordinance and that other States and other municipalities are beginning to pass similar legislation and that the Village should be proud to be a leader in social issues. Bal Harbour Tillage Regular Council Meeting Agenda - November 17, 2015 Page 15 R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A SIGN PERMIT, WITH VARIANCES TO SECTION 15-36 OF THE VILLAGE CODE OF ORDINANCES, FOR A MONUMENT SIGN FOR 10275 COLLINS AVENUE, THE RITZ-CARLTON; PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. DEFFERRED (BUILDING DEPARTMENT R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A SIGN PERMIT AND NON-USE VARIANCES TO THE SIGNAGE REQUIREMENTS OF CHAPTER 15, "SIGNS", FOR PROPERTY LOCATED AT 9700 COLLINS AVENUE SPACE #135, Le Zoo; PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. DEFFERRED (BUILDING DEPARTMENT R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT FOR THE PROVISION OF LANDSCAPE ARCHETICURAL SERVICES RELATING TO THE DESIGN AND IMPLEMENTATION OF A COHESIVE AESTHETIC THROUGHOUT THE VILLAGE'S PUBLIC SPACES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (PARKS AND PUBLIC SPACES DEPARTMENT) Mr. Gonzalez introduced the item stating that the top three firms were selected from a field often that had submitted their qualifications through and RFQ process. The three, AeCOM, Kimley Horne and Perkins & Will were here to present (30 minutes each) their re-imagining/re-visioning/re-design process approved in the last budget cycle. He stated that there would be two phases to the process, the first, would be to select a firm, which would then, through a public process, develop a set of renderings, which would be presented to various regulatory agencies for review. The second phase, after Council approval to proceed, be to proceed into implementation. Mr. Gonzalez then reiterated that the 3 firms were presenting "possibilities" and "ideas", and that nothing would move forward without public and Council participation. Motion: the item was Moved by Councilman Seth Salver, Seconded by Assistant Mayor Patricia Cohen. Gustavo Santana and Ignacio Bunster-Ossa, presented for AeCOM. Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 16 Steve Greenberg (9930 Collins Avenue) asked questions regarding the idea of a pedestrian bridge to Haulover. George Puig, Brian Good, and Raymond Jungles, presented for Kimley Horn. Steve Greenberg (9930 Collins Avenue) comment on the idea of lane reduction. Ree Kelly Stoppa (2000 Towerside Ter., Miami Shores) commented on the Shops expansion in regards to traffic. Cesar Garcia -Pons, Leo Alvarez, presented for Perkins & Will Daniel Holder (24 Bal Bay Drive) commented on the idea of lane reduction and the need for enhancing pedestrian use. Ree Kelly (2000 Towerside Ter., Miami Shores) spoke regarding creating an environment targeted for the average age of the current residents. Brian Mulheren (10245 Collins Avenue) commented on the maintaining the distinction of Bal Harbour and keeping things simple. Steve Greenberg (9930 Collins Avenue) commented that he liked the presentations but questioned the idea of lane reductions. Assistant Mayor Cohen, acknowledge the firms and the ideas from their presentations, but commented that it was a big undertaking. She stated that she would love to have time to travel to some of the places presented, but that she is not ready to commit. Councilman Groisman thanked the firms and commented on the need to move forward and asked about procedures to do so. Mr. Gonzalez responded that it was totally within the discretion of the Council, that these firms were expressing ideas, and if the Council were ready to choose a firm, it could do so. Mayor Packer questioned the council regarding holding a workshop. Councilman Groisman agreed with a workshop but commented that a firm should first be selected this evening. Councilman Sanz stated that he was not ready to make a commitment and the he needed time to digest all the information presented. Councilman Salver agreed with Councilman Groisman in moving forward by selecting a firm. Councilman Groisman stated that there would be no wrong choice, that the three top firms were all excellent. Bal Harbour \Allege Regular Council Meeting Agenda - November 17, 2015 Page 17 Motion to fill in the blank by ranking the three presentations was Moved by Councilman Groisman, Seconded by Councilman Salver. Mayor Packer stated that he would like to postpone the vote until a community -wide meeting and workshop could be held. Mr. Weiss clarified that a Main Motion was on the floor and a Motion to defer the item was in order. Mr. Gonzalez stated that the item would have to return to Council after the workshop in order to vote on it and asked if the Council needed more time to decide. Motion to defer action on the item until after a Workshop/Special Meeting the item was Moved by Mayor Packer, Seconded by Assistant Mayor Patricia Cohen. Yes No Assistant Mayor Cohen X Councilman Groisman X Mayor Packer X Councilman Sanz X Councilman Salver X Vote: Motion passed (3-2). Mr. Gonzalez asked the Council of a timetable to proceed, after a general discussion it was decided that the Manager would coordinate a date for the workshop/special meeting. R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding the Marina operations in the Gated Community. Mr. Weiss introduced the item, stating that the Council asked had asked for one more opportunity for public input before drafting an ordinance. (REQUESTED BY VILLAGE COUNCIL) Ree Kelly Stoppa (formally 77 Camden Drive) commented that illegal activity is illegal activity, and it should be litigated. Councilman Groisman responded that apart from the ongoing litigation, an ordinance was necessary for public safety, and that today the Council was looking for public input to provide parameters for the ordinance. Daniel Holder (24 Bal Bay Drive) commented on the people living on the boats. Jose Biton (168 Park Drive), listed: no overnight stays; if not enforceable, than use the same standards applied throughout the Village regarding short-term stays; Bal Harbour Tillage Regular Council Meeting Agenda - November 17, 2015 Page 18 registration by boat owners/visitors/vehicles; strict limit of the number of guests per boat; time limitations for operations; limit the number of cars based on linear length of boat; speed limit enforcement; prohibit dumping of hazardous wastes; prohibit fish cleaning; and an annual cleanup fee. Brian Mulheren (10245 Collins Avenue) commented on the need for litigation base on a safety issue. Mr. Weiss clarified that we are in litigation. Councilman Groisman made a comment that the ordinance needs to be firm on no overnight stays. Steve Greenberg (9930 Collins Avenue) on the time that necessary for yacht owners to remove their boats. Gil Waxman (10225 Collins Avenue) asked about the time of the discussion of the Bal Harbour Shops to which Mayor Packer replied that it was moved to the end of the meeting to allow Councilman Sanz to participate in the rest of the meeting, then recuse himself for the Shops discussion. R9B Discussion regarding the construction at 291 Bal Bay Drive (Quarzo Hotel). (ASSISTANT MAYOR PATRICIA COHEN) Mr. Gonzalez introduced the item stating that the Village has received complaints regarding the construction site for Quarzo. He commented that a full permit has been provided and that staff is working with them to keep them in compliance. Assistant Mayor Patricia Cohen stated that she had received numerous complaints and that there seems to have been no changes over the past year. Councilman Groisman left the dais at 9:07 PM. Juan Arcida (291 Bal Bay Drive, Managing Partner Quarzo) state that the project is proceeding and that after receiving the permits, the project schedule calls for about 12 months for completion after getting a green light. Assistant Mayor Patricia Cohen comment on the appearance of the roof, to which Mr. Arcida responded that he would take care of it. Councilman Groisman returned to dais at 9:12 PM. R9C Discussion regarding reimbursement of telephone and data service for Council members. (ASSISTANT MAYOR PATRICIA COHEN) Bal Harbour Village %gular Council Meeting Agenda - November 17, 2015 Page 19 Assistant Mayor Cohen described the item stating that the cost would be approximately $150 per trip to cover additional telephone and data costs for the transaction of Village business while traveling abroad. Councilman Groisman commented that the Village should not be paying this cost. Steve Greenberg (9930 Collins Ave.) spoke in favor of the Village covering the cost. After a general discussion Mr. Weiss, Village Attorney suggested the Village Manger has the spending authority to cover these type of cost and that the Assistant Mayor was being open and looking for a nod from the Council to be reimbursed. Motion to allow the Manger to reimburse Council members for data plans for Village business while traveling Moved by Mayor Packer, Seconded by Councilman Sanz. Vote: Motion carried voice vote (4-1), Councilman Groisman voting nay. R9D Discussion Regarding the Collins Avenue Corridor Project (discussed in detail in Agenda item R7C) (COUNCILMAN JAMIE SANZ) R9E Discussion Regarding the appointment of committee members to Village committees (COUNCILMAN JAIME SANZ) Councilman Sanz introduced the item commenting on the number of absences of boards and committee members, noted in the Village Clerk's reports, sometimes resulting in lack of quorum. Mr. Gonzalez suggested that he could sit individually with committee members to explain expectations of members. Assistant Mayor Cohen suggested sending a friendly reminder after to absences and after a brief discussion by the Council, it was agreed that the Village Attorney would suggest modifications to the code by the next Council meeting. R9F Discussion regarding the Miami Beach K9 Knights donation of a Labrador retriever trained in explosive detection. (MAYOR PACKER) Mayor Packer described the item and commented on an email that he had received indicating a "quid pro quo" request to Villagers as a condition for receiving the dog. Chief Mark Overton explained that it is not a condition and explained the chain of emails. Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 110 Assistant Mayor Patricia Cohen described the email and she explained that she was not comfortable in receiving the dog. Chief Mark Overton highlighted that the email stressed "helpful consideration" and it was not a requirement and that it was the Council's discretion to receive the dog or not, or purchase. Mayor Martin Packer stated that as long as there was no condition to receive the dog he was comfortable. Councilman Groisman agreed. Chief Mark Overton described the documents and Jorge Gonzalez commented that the dog is a donation without conditions. Steve Greenberg (9930 Collins Ave.) spoke in favor of receiving the donation of the dog. R9G Report on the status of the new mobile application and website. (COUNCILMAN SETH SALVER) Councilman Salver introduced the item and asked Village Staff to demonstrate the mobile application. Jorge Gonzalez presented a PowerPoint review of the free application, "My Bal Harbour", and described how it would be useful for public interaction, input and participation. Beth Berkowitz (10160 Collins Ave.) commented on the linked pages not having the newly approved logo, to which Mr. Gonzalez responded that the current website is being updated. Assistant Mayor Cohen asked if it could be used for permitting, to which Mr. Gonzalez responded that that it couldn't, but the future updated website would include that feature. Assistant Mayor Patricia Cohen left the dais at 9:48PM. R9H Discussion regarding the initiation of code enforcement for 56 Bal Bay Drive for possible violation of Village Code Section 21-363 by renting for a period less than six (6) months. (COUNCILMAN GABRIEL GROISMAN) Councilman Groisman described the item and the difficulty for code enforcement staff to enforce. Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 111 A brief discussion ensued regarding the registration of visitors, to which Mr. Weiss responded that the Gate cannot be asked to keep track of visitors. Assistant Mayor Patricia Cohen returned to the dais at 9:51 PM. Councilman Groisman asked for direction to Manager to investigate this and any other property leasing out for less than one month. Daniel Holder (24 Bal Bay Drive) commented on parties with horrendous noise from the home and having strict code enforcement. Beth Berkowitz (10160 Collins Ave.) commented on how this issue is rampant in the Village and how difficult it is to identify whether or not a visitor is a relative. To which Mr. Gonzalez commented that this is a complaint -driven issue. Once the complaint is received, the Village quickly responds. Assistant Mayor Patricia Cohen commented that popularity of our shared economy through websites like AirBnB make enforcement more and more difficult. Councilman Groisman commented that the large national brokers are being utilized. R9I Public Comment Steve Greenberg (9930 Collins Ave.) wished all a Happy Thanksgiving, thanked Chief Overton for keeping the City Safe and suggested lights at Founders Circle to enhance its recent beautification. Daniel Holder (24 Bal Bay Drive) inquired about a shower at 96th Street, to which Mr. Gonzalez responded that the 96th St. was part of the Corridor Study. Councilman Groisman mentioned a drinking water source at the cut. Mayor Packer commented that it was part of the development agreement with Consultatio. R1 0 - VILLAGE MANAGER REPORT R1 OA Report on the status of the BHPD Task Force Internal Affairs Investigation. (VILLAGE MANAGER) Mr. Gonzalez introduced the item, mentioning recent news regarding the initiation of a Federal Investigation. Chief Overton provided a PowerPoint presentation, providing a timeline of the money laundering task Force, describing its resources, Federal Asset Forfeiture Program and Money Laundering Points Account, and the reports of investigations indicating violations of these programs, and ensuing consequences. He described cooperation with investigations and the reinstatement of the Village back into the programs. He Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 112 described the accounts used to transfer funds and the methods used to launder money and the initiation of an Internal Affairs investigation and the ongoing Federal Investigations. Councilman Groisman asked if there is currently a task force to which Chief Overton responded, no, and described the personnel actions that had occurred. R1 1 - VILLAGE CLERK REPORT R11A Village Clerk Report, Village Lobbyist Registration Report (VILLAGE CLERK) R12 - VILLAGE ATTORNEY REPORT Motion to adjourn was Moved by Councilman Groisman. The Meeting was adjourned at 11:24 PM. END OF REGULAR AGENDA c--i(a,. c, L,, Mayor Martin Pac Dwight S t1 nie, Village Clerk Bal Harbour Village Regular Council Meeting Agenda - November 17, 2015 Page 113