HomeMy Public PortalAbout2015-12-22 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
DECEMBER 22, 2015
AT 7:00 P.M.
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER - Mayor Packer called the meeting to order at 7:15 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
PLEDGE OF ALLEGIENCE - The Pledge of Allegiance was led by Dr. Michael Krop at
the beginning of the General Employees Retirement Board Meeting.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
A Motion to Defer Agenda Item R5A was Moved by Councilman Gabriel Groisman,
and Seconded by Councilman Seth Salver. Vote: Motion passed unanimously by voice
vote (5-0).
REGULAR COUNCIL MEETING AGENDA
PA - PRESENTATIONS AND AWARDS
There were no presentations or awards.
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Regular Council Meeting Minutes - November 17, 2015
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND THE STATE OF FLORIDA, OFFICE OF THE
STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE
ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF
THE BAL HARBOUR VILLAGE CODE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(POLICE DEPARTMENT)
A Motion to Approve the Consent Agenda was Moved by Councilman Gabriel
Groisman and Seconded by Councilman Seth Salver. Vote: Motion passed
unanimously by voice vote (5-0).
Babak Raheb then requested to have C7A pulled from the Consent Agenda.
A Motion to Reconsider the Consent Agenda was Moved by Councilman Seth Salver
and Seconded by Councilman Jaime Sanz. Vote: Motion passed unanimously by voice
vote (5-0).
A Motion to pass the Consent Agenda with item R7A pulled for discussion at the end
of the Agenda was made by Councilman Seth Salver and Seconded by Councilman
Gabriel Groisman. Vote: Motion passed unanimously by voice vote (5-0).
REGULAR AGENDA
R1A Verbal Report on the Bal Harbour Shops Expansion Project.
(VILLAGE MANAGER)
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 12
(This item was discussed at end of meeting to allow Councilman Sanz to participate in
the rest of the agenda.)
Mr. Gonzalez reported that the Miami -Dade County Historic Preservation Board had
decided not to proceed with historic designation of the Church by the Sea, and
subsequently a demolition permit had been submitted and the demolition is
underway.
He stated thatthe newest set of plans (Oct. 28, 2015) have been posted on the Village's
website and are on display in the lobby of Village Hall, and that negotiations are
proceeding as instructed by the Council working with the plans submitted in October
and with the contemplation of the sale of Village Hall. He stated that he and the legal
department have met with the Shops to negotiate the term sheet and a final agreement
has not yet been reached.
Mr. Gonzalez then described the future schedule which would include a first and
second reading bythe Council, an Architectural Review Board hearing, and the Council
as the Local Planning Agency, all of which, to date, have yet to be scheduled.
Councilman Groisman asked that a comprehensive list of all variances that the Shops
would be requesting also be produced, to which the Manger replied that he and staff
are working to make sure that it happens.
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY CREATING
ARTICLE III "MARINAS" OF CHAPTER 10 "MARINE STRUCTURES,
ACTIVITIES AND WAYS" OF THE VILLAGE CODE; REGULATING
MARINA OPERATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR IMPLEMENTATION; PROVDING FOR AN
EFFECTIVE DATE. FIRST READING - DEFERRED.
(VILLAGE MANAGER)
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF
CHAPTER 2 "ADMINISTRATION" OF THE BAL HARBOUR VILLAGE
CODE OF ORDINANCES BY AMENDING SECTION 2-49
"BOARDMEMBER REMOVAL; FILLING OF VACANCIES" OF
DIVISION I "GENERALLY", BY AMENDING SECTION 2-61
"COMPOSITION; APPOINTMENT" OF DIVISION II "RESORT TAX
COMMITTEE"; AND AMENDING SECTION 2-72 "MEMBERSHIP" OF
DIVISION III "ARCHITECTURAL REVIEW BOARD"; PROVIDING FOR
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR EFFECTIVE DATE. FIRST READING.
(VILLAGE MANAGER)
A Motion to Approve the Ordinance on First Reading was Moved by Mayor Packer
Martin.
Beth Berkowitz (10160 Collins Ave.), speaking as the Chair of the Resort Tax Committee
(RTC), reported that that RTC had discussed allowing the hotel members to have
alternates, and feeling that it was important, unanimously passed a motion to do so.
Dina Cellini (21 1 Bal Cross Dr.) asked for the reasoning that Architectural Review Board
(ARB) members would remain on the Board until replaced to which Mayor Packer and
Mr. Gonzalez replied that the ARB was an important board to the Village and its
residents, and that this change would allow it to continue to do its business
uninterrupted. Assistant Mayor Cohen commented on the importance of expressing
to ARB members the importance of their participation.
Steve Greenberg (9930 Collins Ave.) asked about the residency requirements of
members and suggested having a list of eligible persons from other communities as a
backup.
Brian Mulheren (10245 Collins Ave.) agreed with Assistant Mayor Cohen on speaking
with ARB members about the importance of their participation and agreed with
allowing RTC hotel members to have alternates.
Babak Raheb (128 Balfour Drive) inquired about letting new members know their
expectations. Mr. Gonzalez responded that they are notified and added that the
criteria for being a member, being a registered architect, adds to the time it takes to
fill a vacancy, should it occur.
Councilman Salver asked for clarification on the requirements the alternates for RTC
members to which Mr. Gonzalez replied that the second reading of the ordinance
would clarify the requirements for alternates.
The Motion was Seconded by Councilman Jaime Sanz.
ROLE CALL
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
Vote: the Motion passed unanimously by Roll Call (5-0).
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 14
R7 - RESOLUTIONS
R7A 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.
(BUILDING DEPARTMENT)
The item was Moved by Councilman Gabriel Groisman and Seconded by Councilman
Seth Salver.
Mr. Gonzalez described the item, stating that he had met with the applicant and that
there was no deviation from the size requirements, but since this was an application for
a neon bulb, a request for a variance was submitted.
Alfredo J. Gonzalez (Greenberg Taurig) state that the applicant was seeking a French
bistro -style, that although the sign could be seen from Collins Avenue, he did not think
its impact was a detriment to the community.
Brian Mulheren (10245 Collins Ave.) spoke against the design and location of the sign.
Babak Raheb (128 Balfour Drive) spoke against the process used by the applicant of
putting the sign up before a permit was issued.
Beth Berkowitz (10160 Collins Ave.) suggested that Council members should observe
the sign at night.
Ree Kelly (2000 Towerside Ter., Miami Shores) inquired as to what was the opinion of
the Bal Harbour Shops, to which Mr. Alfredo Gonzalez replied that they had reviewed
and signed the application.
Neil Alter (9801 Collins Ave.) questioned Code Enforcement responsibilities.
Assistant Mayor Cohen questioned the procedures for reviewing signs, to which Mr.
Gonzalez replied that in this case, the applicant did not wait for the approval of a sign
permit. Suramy Cabrera (Building Department) added that it was normal business
practice for a GC (general contractor) to apply for a master building permit then have
the trades (signs) apply afterwards for signs etc. She stated that, according to Village
Code, all applications for signs should go before the Council.
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 15
Councilman Groisman commented on the practices of other municipalities and the
importance of having an in-house building department.
Assistant Mayor Cohen stated that this was the third time that a signage issue was
presented to the Council and asked how a more thorough review could be
implemented, to which Councilman Groisman commented that an internal checklist
with the applicant should be utilized. He added that the Council should not be in the
business of meting out punishment.
Councilman Sanz questioned his ability to vote on the issue to which the Village
Attorney replied that it would not be a conflict of interest.
ROLE CALL
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
Vote: the Motion failed by Roll Call vote (2-3).
Alfredo J. Gonzalez (Greenberg Taurig) stated that the applicant had not been asked
to take the sign down and it had not been lit to date, and he asked for clarification of
the process moving forward.
Mayor Packer suggested that Council members first observe the sign, then the
applicant take the sign down and reapply. A general discussion ensued with the
Council agreeing that, separately, they would observe the lit sign after the Council
meeting, then the applicant would remove the sign within 48 hours, then reapply.
Assistant Mayor Cohen asked the Manager and the Building Department to review the
code and identify how to improve the process.
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; SETTING COUNCIL MEETING DATES FOR THE
2016 CALENDAR YEAR; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
(VILLAGE MANAGER)
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 16
The item was moved by Assistant Mayor Patricia Cohen and Seconded by Councilman
Jaime Sanz.
Mr. Gonzalez described the item, indicating that the calendar presented, represented
the best dates available with regards to national and religious holidays and elections,
with the caveat that September would have two budget meetings (to be scheduled)
leaving the final schedule up to the will of the Council.
Councilman Groisman requested changing the June 21st date to June 14th due to a
schedule conflict. The Council concurred. Councilman Salver recommended the 22nd
of March due to the Presidential Preference Primary Election, and the Council
concurred.
Assistant Mayor Cohen commented that meeting dates should not be changed from
the 3rd Tuesday of the month, and that members could participate through electronic
methods if possible. Councilman Groisman commented that the purpose of this item
was for the Council to agree on the schedule and vote by consensus.
Babak Raheb (128 Balfour Drive) commented that the schedule should also
accommodate the residents and questioned the religious obligations of Council
members.
Assistant Mayor Cohen reiterated that what was before the Council was a policy
decision, and that she would like to try to maintain a regular schedule.
Mayor Packer commented that it was also important to have a schedule in which the
Council would have quorum.
Councilman Groisman left the dais at 8:39 P.M.
The Motion to pass the resolution as amended by the Council was passed
unanimously by voice vote (4-0).
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; AUTHORIZING DISBURSEMENT OF BAL
HARBOUR VILLAGE EMPLOYEE PERFORMANCE BONUS PROGRAM,
PROVIDNG FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
(VILLAGE MANAGER)
The item was moved by Councilman Seth Salver and Seconded by Councilman Jaime
Sanz.
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 17
Mr. Gonzalez introduced the item.
Councilman Groisman returned to the dais at 8:42 P.M.
Neil Alter (9801 Collins Ave.) commented that he had not received incremental gains
on his Social Security benefits and that management and employee bonus
percentages should be reversed. Mr. Gonzalez commented that the differential was
due to the ability for employees to receive approved overtime.
Brian Mulheren (10245 Collins Ave.) asked if all employees are automatically given the
bonus, to which Mr. Gonzalez replied that each employee received an annual
evaluation that determined the amount of the bonus.
Steve Greenberg (9930 Collins Ave.) asked for specificity on the overall percentages.
Councilman Groisman commended the Village Manager and Staff and suggested a
raise for the Manager of $10,000 (retroactive to his anniversary date) being that he had
brought in an additional $8 Million to the Village.
A general discussion ensued regarding the benefit package of the Manager.
Babak Raheb (128 Balfour Drive) asked for clarification of the intent of the original
resolution.
Steve Greenberg (9930 Collins Ave.) spoke in favor of the proffered amendment.
Beth Berkowitz (10160 Collins Ave.) suggested that the Manager's raise be a separate
resolution.
Dina Cellini (21 1 Bal Cross Dr.) asked for clarification from the Village Attorney to which
Mr. Pearl commented that the Council could amend its own resolution. Ms. Cellini than
spoke in favor of the amendment.
Neil Alter (9801 Collins Ave.) spoke in favor of the amendment, then asked about the
same for the Chief of Police to which the Mayor responded that it was
Councilman Salver echoed the recommendations of Councilman Groisman.
Councilman Gabriel Groisman moved to amend the item to include a pay raise of
$10,000 to the base salary for Mr. Gonzalez, the motion was Seconded by
Councilman Seth Salver. Vote: Motion passed by voice vote (5:0)
Vote: the original Motion as amended passed by voice Vote (5-0).
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 18
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion regarding the Village producing a monthly village -wide newsletter
as opposed to the current quarterly newsletter.
(MAYOR PACKER)
Mayor Packer introduced the item and asked the Council to direct the Manager to
proceed.
Babak Raheb (128 Balfour Drive) spoke in favor of the Mayor's suggestion.
Neil Alter (9801 Collins Ave.) questioned the available resources, to which Mayor
Packer commented that from his observations the resources were available given the
outsourcing of the newsletter.
Councilman Salver commented that given the Village application (app) that was rolled
out the previous month and postcards that now being sent, that this might be an
additional burden to staff.
Council Groisman commented that it is important to get information out more often to
the community. Council Sanz agreed.
Brian Mulheren (10245 Collins Ave.) spoke in favor of the monthly newsletter.
Steve Greenberg (9930 Collins Ave.) also spoke in favor ofthe newsletter, commenting
that overtime the results would be realized.
Mayor Packer commented that although the Village app was useful, not all residents
were capable of utilizing it, thus getting out information in other formants, in a timely
manner, was important.
Susan Packer (10205 Collins Ave.) commented on the attendance of this year's cultural
events and inquired about the photographs being taken at the events, suggesting that
they could be shared in a newsletter.
The "sense" of the Council was to proceed with a monthly newsletter.
C7A was pulled from the Consent Agenda to be discussed at the end of the Regular
Agenda.
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND THE STATE OF FLORIDA, OFFICE OF THE
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 19
STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE
ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF
THE BAL HARBOUR VILLAGE CODE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(POLICE DEPARTMENT)
Mr. Gonzalez described the item as an annual agreement with the State Attorney.
The item was Moved by Councilman Gabriel Groisman and Seconded by Councilman
Jaime Sanz.
Babak Raheb (128 Balfour Drive) asked for clarification of the agreement.
Vote: the Motion passed unanimously by voice vote (5-0).
Councilman Groisman discussed the loudness of previous fireworks were for those
on the northern section of the beach. A general discussion ensued regarding the use
of the Jetty vs. the use of a barge.
R9B Public Comment
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke regarding the Le Zoo sign,
commenting that it was part of the agenda and the lack of communication between the
Council and the Building Department.
Babak Raheb (128 Balfour Drive) commented on the tracking contractors doing work
within the gated community and the lunch trucks selling food to construction workers,
and a conflict of interests on selling Village Hall.
Steve Greenberg (9930 Collins Ave.) gave accolades to the Mayor regarding the solar
crosswalk lights implemented by the Village and provided a brief background of his
credentials.
Brian Mulheren (10245 Collins Ave.) commented against on the timing of the
demolition of the Church by the Sea.
Beth Berkowitz (10160 Collins Ave.) spoke regarding residents receiving letters
concerning the sale of properties on the west side of Collins Avenue commenting that
she perceived a threat historic
Move forward with referendum to make the west side of Collins Avenue a historic
district.
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 110
Mayor asked for clarification from the Village Attorney.
Assistant Mayor Cohen stated that the will of the Council would have weight with the
County's Historic Preservation Board.
A general discussion ensued regarding ability of the Council to proceed, with special
attention given to adequate public notice and participation, resulting in direction from
the Council for a discussion item to be placed on the next agenda regarding the
preservation of the west side of Collins Ave.
Dina Cellini (211 Bal Cross Dr.) spoke regarding the Bal Harbour Citizen's Coalition
past effort to limit building heights on the west side of Collins Avenue resulting in
Section 80 of the Village Charter.
Neil Alter (9801 Collins Ave.) spoke regarding the demolition of the Church.
Councilman Groisman left the dais at 9:53 P.M.
Penny Sepler (10275 Collins Ave.) wished all a happy and health holiday season.
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke regarding a setback
requirements for properties serving alcoholic beverages.
Councilman Groisman returned to the dais at 9:56 P.M.
Assistant Mayor Cohen spoke regarding the length of Council meetings and
suggested shorter meetings twice a month.
R1 O - VILLAGE MANAGER REPORT
R1 OA
(VILLAGE MANAGER)
R1 1 - VILLAGE CLERK REPORT
R11A Village Lobbyist Registration Report
(VILLAGE CLERK)
R1 2 - VILLAGE ATTORNEY REPORT
END OF REGULAR AGENDA
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 111
Councilman Groisman moved to adjourn, Mayor Packer seconded the motion, the
meeting was adjourned at 10:03 P.M.
Attest:
Dwight anie, Village Clerk
Mayor Martin Packer
Bal Harbour Village Regular Council Meeting Minutes — December 22, 2015 Page 112