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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