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HomeMy Public PortalAbout2016-01-26 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 JANUARY 26, 2016 AT 7:00 P.M. Bal Harbour Village Hall • 655 — 96th Street • Bal Harbour • Florida 33154 CALL TO ORDER: Mayor Martin Packer called the meeting to order at 7:00 PM. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Also Present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Jay Weiss, Village Attorney PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Joseph Imbesi (175 Camden Drive). REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS: There were no requests. PRESENTATIONS AND AWARDS: There were no presentations. REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA At the request of Babak Raheb (128 Balfour Drive), all Consent Agenda items were pulled to be discussed at the end of the Regular Agenda. C6 - COUNCIL MINUTES C6A Regular Council Meeting Minutes — December 22, 2015 C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE EXPENDITURE OF $21,315 OF LAW ENFORCEMENT TRUST FUNDS (L.E.T.F.) TO PURCHASE BALLISTIC RESISTANT HELMETS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (POLICE DEPARTMENT) C7B A RESOLUTION OF THE BAL HARBOUR VILLAGE, FLORIDA PROVIDING FOR FINDINGS; PROVIDING FOR PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM FOR VILLAGE POLICE OFFICERS; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) At 11:40 PM the Council opened the consent items for discussion, there was no public discussion regarding the items. A Motion to pass the Consent Agenda was moved by Councilman Seth Salver and Seconded by Councilman Gabriel Groisman. Vote: the Motion passed by unanimous voice vote (5-0). REGULAR AGENDA R1A Verbal Report on the Bal Harbour Shops Expansion Project. (VILLAGE MANAGER) This item was opened for discussion at 12:11 AM, immediately after Councilman Jaime Sanz recused himself from the discussion. Mr. Gonzalez provided a status update beginning with the instruction provided by the Council last November to proceed based on the plans submitted by the Shops in October of 2015 that contemplated the sale of Village Hall. He described the two parallel approaches taken regarding proprietary negotiations and regulatory analysis. He then described the calendar of events and the timing of key events aiming for mid - March to hold the first meeting with the Council. Mr. Gonzalez also commented that the Shops had applied for a permit to erect a construction fence at 9800 Collins Avenue. Daniel Holder (24 Bal Bay Dr.) commented on the scale of the project and the need to update traffic studies. Mr. Weiss explained that the what is under discussion is the process/time table and that comments regarding the plans should be saved for a public hearing. Brian Mulheren (10245 Collins Ave.) spoke against the time of night that the discussion of the shops is held. Neil Alter (9801 Collins Ave.) suggested that the Manager should make his report at the beginning of the meeting, to which Mr. Packer commented that the timing decided by the Council at several meetings last year. Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 I2 Assistant Mayor Cohen commented that negotiations should stop when it comes to the sale of Village Hall. Councilman Groisman stated the applicant had submitted a plan, and that direction had been given to the Manager to negotiate the best deal he can and bring it back to the Council with a duly noticed hearing. Mayor Packer commented that that the Council could not preempt the process, that the Manager was given the direction by the Council to negotiate with the plans submitted, present the outcome to the Council for consideration, and allow the Council to decide on its merits. R5 - ORDINANCES R5A 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 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. SECOND READING (VILLAGE MANAGER) A motion to approve the Ordinance was Moved by Mayor Martin Packer and Seconded by Councilman Seth Salver. Mr. Gonzalez described the suggested amendments to the Village Code in regards to the Resort Tax Committee allowing alternates for the two members and to the Architectural Review Board, allowing for members to remain on the Board until an appointment can be made. Babak Raheb (128 Balfour Drive) suggested that a pool of Architects be formed to fill a vacant seat to the Architectural Review Board. 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 Ordinance passed on second reading by unanimous roll call vote (5-0). Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 I3 R5B 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; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING (COUNCIL REQUESTED) The item was moved by Mayor Martin Packer and Seconded by Councilman Gabriel Groisman. Mr. Weiss explained that the Ordinance on the Agenda was the exact same ordinance that was presented for the prior meeting with only a change regarding an insurance company for individuals living on vessels and that the same version was posted on line. He then briefly described the Ordinance. Jonathan Kaskel (600 Brickell Avenue, Lobbyist for Bal Harbour Yacht Club and Flamingo Way Enterprises) asked for clarification of the version of the Ordinance and the changes regarding insurance. Mr. Weiss explained the changes. Mr. Kaskel commented on the pending lawsuit against the Village and commented on the exclusion of single family homes from the ordinance. He commented that the Marina is a privately owned property. Tony Imbesi (175 Camden Drive) described the history of the Marina and commented on the lack of complaints and stated that there was complete compliance with exiting laws, rules and regulations. Daniel Holder (24 Bal Bay Dr.) suggested several modifications to the Ordinance. Ree Kelly (2000 Towerside Ter., Miami Shores) commented on a restrictive covenant on the deed that should be looked into. Mr. Weiss replied that he would look into this issue before the second reading of the ordinance. Orla Imbesi (1675 Lands End Rd., Manalapan) read a letter from a member in favor of the Marina. Joe Imbesi (1675 Lands End Rd., Manalapan) commented on record of the dock master, Marty DeSefano, and the disrespect of dog owners regarding the Marina property. He state that he will be dividing the property and selling it. Brian Mulheren (10245 Collins Ave.) commented that private owners to not charge for docking boats and that selling the Marina properties would be a win -win. Councilman Groisman commented that the biggest issue was that the overnight crews constituted a transient community and that there was a big public safety issue and highlighted that the current law suit was initiated by the Marina, not by the Village. Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 l 4 Councilman Groisman made motion to amend section 10-41A of the ordinance extending the operating hours to 11:00 PM and require 10-41 C that vessel maintenance be consistent with the rest of the neighborhood, Seconded by Councilman Seth Salver Charles McCaffrey (60 Park Drive) commented that as a resident and boat owner, he had a boat in the Marina and spoke against the ordinance. Babak Rehab (128 Balfour Drive) commented on the procedure for making amendments to the ordinance on the floor. Mayor Packer responded that this was the first reading of the ordinance and that the procedures were proper. Barry Shevlin (162 Bal Bay Drive) spoke against the passage of the ordinance stating that it would be a deprivation of rights. Daniel Holder (24 Bal Bay Dr.) commented that the hours of operation should be less restrictive and asked for clarification of scraping and sanding in regards to bottom scraping. Dina Cellini (211 Bal Cross Dr.) spoke in support of the ordinance. Assistant Mayor Cohen commented on the role played by the Marina in the community. She asked for clarification of application of the ordinance to owners and questioned the ability to enforce the parts ordinance. She agreed with less restrictive hours of operation. Councilman Salver stated Assistant Mayor Cohen raised good issues and suggested more giving more thought to the end product. Councilman Groisman commented that the threat of litigation should not sway the Council and that the Council has the right to litigate. He stated that the issue was regarding allowing a community (people living on the vessels) within a community. Councilman Salver commented that the overnight stays were an issue an asked about some kind of registration to alleviate the problem. Assistant Mayor Cohen commented that safety was a priority of the Village and expressed concern that the Marina owners were not willing to negotiate, to which Mr. Gonzalez stated that he had met with the Marina owners and that they had had an issue with the overnight stays and were not interested in the ordinance. Mr. Kaskel stated that he is not advising his client in public and that this forum was not the appropriate forum to have this discussion. Mr. Weiss stated that the issue of commercial vs. commercial would not be discussed this evening. Conversation with the Marina was cut off due to the Marina filed a law suit against the Village. He clarified that the ordinance does not discriminate between the owner of the Marina or the operator. Bal Harbour Village Regular Council Meeting Minutes— January 26, 2016 Page 15 Mayor Packer asked is this was a non-profit organization to which Mr. Weiss commented that this was the issue of the lawsuit and he explained the procedures for code enforcement. He stated that he had made himself available to the Marina but that they were not interested. Vote: Motion to amend the ordinance passed by unanimous voice vote. Vote: Motion to Pass the amended ordinance failed by a Roll Call Vote (2 Yea- 3 Nay). 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 Mr. Weiss commented on the procedures for passing an ordinance on first and second reading, stating that amendments made on the floor were appropriate procedure. 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 Seth Salver and Seconded by Assistant Mayor Patricia Asst. Mayor Cohen. Mr. Gonzalez described the resolution explaining that the Council approved all signs and in this case, the applicant was seeking a variance for exposed lighting, neon. He further described the Council's instructions to the applicant from the previous meeting. Alfredo Gonzalez (Greenburg Taurig) described the actions of the applicant in complying with the Councils requests and stated that the impact of the sign had a minimal impact. Babak Raheb (128 Balfour Drive) commented on the applicant's procedure of asking for a variance and spoke against approval of the measure. Ree Kelly (2000 Towerside Ter., Miami Shores) commented on the lesser importance of this issue compared to other events occurring in the Village. Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 Brian Mulheren (10245 Collins Ave.) commented against the appearance of the sign commenting that the design was outdated and he spoke against issuing a variance. Beth Berkowitz (10160 Collins Ave.) asked the Council to think carefully in granting variances. Penny Sepler (10275 Collins Ave.) spoke in favor of a current trend of using neon and spoke in favor of the resolution. Steve Greenberg (9930 Collins Ave.) suggested that the size of the Village be considered in the Councils decision on whether or not to grant a variance. Assistant Mayor Cohen commented on the use of neon as being progressive, that the sign was attractive and the applicants had complied with the Council's requests. She then asked for clarification on whether of not granting this variance would have any affect on future requests, to which Mr. Weiss replied that each variance is considered on its own facts. Mayor Packer commented that a precedent would be established and suggested that a transparent cover would be more compatible with the existing regulations. Councilman Groisman commented that the Council had required the applicant to do comply with several requests and that they had done so. He then commented that the Council should be inviting successful business to the Village. He added that the Council, as its general business, considers whether or not, to grant variances, and that doing so, in this case, would not create a precedent. Alan Sheri. (10275 Collins Avenue) commented that the Council has reviewed the sign and that the vote should be on the aesthetic look and whether it was fitting, or not, with the Village. Mayor Packer added that he was comfortable with the design and appearance, but that granting a variance may lead to future expectations. Vote: Motion was passed by unanimous voice vote (5-0). Mr. Weiss spoke regarding the Sign Code of Bal Harbour Village and asked for authorization from the Council to proceed. The Council gave unanimous consent. R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE SPONSORSHIP OF $125,000 FOR THE 2016 "DESTINATION FASHION" EVENT TO RAISE FUNDS FOR "THE BUONICONTI FUND TO CURE PARALYSIS"; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (TOURISM DEPARTMENT) Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 I The item was moved by Mayor Martin Packer and Seconded by Asst. Mayor Patricia Cohen. Mr. Gonzalez described the fundraising event and commented that the press coverage and the positive public relations would be beneficial to the Village. He commented that the Resort Tax Committee had unanimously approved the sponsorship. Stephanie Sayfie-Aagaard (73 Buttonwood Lane) described the event and the benefit to paralysis research and the Village's participation in past years. She described the importance of the event in attracting media recognition to the Village. Babak Rehab (128 Balfour Drive) spoke in favor of the cause and asked for clarification of the funding, to which Mr. Gonzalez described the breakdown of the funding. Mr. Rehab then asked for clarification of the complimentary seating provided to the Village. Stacy Rothman (Harbour House) spoke in favor of the sponsorship. Councilman Groisman commented that charity was important, but that the use of Resort Tax dollars was questionable. He suggested that in -kind support was more appropriate. Councilman Salver commented that he had attended the Resort Tax Committee meeting and that this was a beneficial opportunity that was an appropriate use of Resort Tax dollars that accomplishes the goals. Councilman Jaime Sanz commented that the dollars are not tax dollars but this expense was approved in the budget. Mr. Weiss commented that the expenditures of these funds from the Resort Tax was appropriate for this event. Suzy Sayfie described the benefits to the Village in advertising opportunities and the benefits to the cause of paralysis research. Vote: Motion was passed by voice vote (4-1), Councilman Groisman voting Nay. Mr. Weiss commented that he would address the issue of the tickets provided to the Village for the event at the next Council meeting. R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE BAL HARBOUR VILLAGE LEGISLATIVE AGENDA FOR THE 2016 FLORIDA LEGISLATIVE SESSION; PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) The item was moved by Mayor Martin Packer and Seconded by Councilman Seth Salver Councilman Groisman asked for clarification of the contract with the Village's lobbyist, to which Mr. Gonzalez responded that the contract is a five-year contract. Bal Harbour Village Regular Council Meeting Minutes— January 26, 2016 _ P .a g e 18 Mr. Gonzales described the resolution, the Florida League of Cities' recommendations and the Village's priorities. Daniel Holder (24 Bal Bay Dr.) suggested reviewing last year's priorities in regards to creating homeowners associations, to which Mr. Gonzalez commented on the efforts of homeowners during the previous year, and suggested that this item could be added to this year's priorities. A Motion to include the last year's language regarding the ability to create homeowners association was Moved by Councilman Seth Salver and Seconded by Councilman Jaime Sanz. Vote: Motion was passed by unanimous Voice Vote (5-0). Councilman Gabriel Groisman recommended that there should be a Bal Harbour specific legislative agenda, to which Mr. Gonzalez replied that he is working for the next legislative session. Vote: the Motion was passed as amended by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE MANAGER AND VILLAGE ATTORNEY TO MAKE INITIAL OFFERS IN EMINENT DOMAIN TO ACQUIRE PERMANENT SUBSURFACE UTILITY EASEMENTS NECESSARY TO IMPLEMENT THE SANITARY SEWER PROJECT TO REPLACE THE VILLAGES AGED, DETERIORATED AND UNRELIABLE SANITARY SEWER INFRASTRUCTURE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE ATTORNEY) Councilman Groisman left the dais before the item was moved for discussion. The item was moved by Mayor Martin Packer and Seconded by Assistant Mayor Patricia Cohen. Mr. Weiss introduce his associate Pete Waldman. Mr. Gonzalez described the item and the project emphasizing the importance of timing. Pete Waldman (Weiss Serota) and Mr. Weiss described their efforts in obtaining consent from the property owners in obtaining easements to complete the project. He stated that timing is important, we wanted to make sure that there was sufficient time to obtain the property by eminent domain in lieu of property owners not voluntarily providing consent. He explained the situation of Miami Beach Heights, wherein the courts would appoint a trustee that could represent Phase I of the utility project and possible future process with the green space next to the gate. Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 Assistant Mayor Cohen asked for clarification of the project to which Mr. Gonzalez described the project and which part of the community would be served by the project. He then commented on the requirements of the development agreement with Oceana. Beth Berkowitz (10160 Collins Ave.) asked about the impact of the interim moratorium, to which Mr. Gonzalez replied that there would be a six to eight month time frame. She then asked if there were a money cap on the negotiations, to which Mr. Weiss and Mr. Gonzalez replied that this is a backup plan, but there was money in the sewer funds. Mr. Weiss provided the position of the Village on the ownership of the streets and the possible utilization of the appointed trustee should the Council decide to move ahead with the acquisition of the green space by the gate. Ree Kelly (2000 Towerside Ter., Miami Shores) questioned whether or not there was and easement to repair, to which Mr. Weiss replied that there was no document that provided and easement. She commented that that it was her opinion that the streets are public. Daniel Holder (24 Bal Bay Dr.) asked for clarification of the subsurface easement, and whether or not the trustee could be utilized for the homeowners association issue. Babak Rehab (128 Balfour Drive) spoke against the process of eminent domain and inquired about the responsibilities of the appointed trustee, to which Mr. Waldman describe the process involved. Steve Greenberg (9930 Collins Ave.) asked about a comparison of the proposed easement with a past project of place benches in the green space by the gate, to which Mr. Weiss explained that this was not as complicated. He commented that the space was zoned for "park". Mr. Gonzalez described the bid process for the companies that would be doing the work. Councilman Salver commented on the three -minute time limit for public comments, reminding the Council that responses to questions asked did not stop the clock. Dina Cellini (211 Bal Cross Dr.) questioned the timing of the appointment appointed trustee. Pete Waldman (Weiss Serota) commented that no action has been taken to acquire the green space by the gate. Mr. Weiss affirmed that no actions have been taken and before any action is taken a space study, appraisal, and Council vote would need to be taken. Mayor Packer reminded all that the item under discussion regarded the three properties under consideration. Mr. Waldman explained that one petition was utilized as a cost savings. Ms. Cellini commented that the appointment of the trustee was the first step in acquiring green space. Mr. Weiss replied that this is a procedural step and that he would provide an update on the green space during every meeting. Mr. Weiss then explained the absence of Councilman Groisman from this discussion. Brian Mulheren (10245 Collins Ave.) commented that the sewer pipes needed to be replaced so the Village should proceed regardless of any threat of a lawsuit. Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 110 Mr. Weiss explained the necessity of build a parallel system for continuity of services. Nina Rudolph (212 Bal Bay Drive) spoke regarding the lack of communication within the Village and the need to work together. Barry Shevlin (162 Bal Bay Drive) commented on the acquisition of the green space by the gate by fee simple, to which Mayor Packer replied that this subject would be taken up at the proper time. Mr. Waldman described the future steps that would have to be taken to acquire the property. Alan Sherl (10275 Collins Avenue) thanked the Council and concurred with the suggestions of the Village Attorney. He then inquired about the deadline for the project. Mr. Weiss replied that Council Groisman should be present to discuss the larger issues of the Gated Community Mr. Gonzalez described the development agreement with the Consultatio and the responsibility of the Village to provide sewer capacity. And he described the current status of the pump station and the Federal decree for pump stations to be in compliance and the interim moratorium. He commented that this Phase I project was the best solution, given the time constraints. Alan Sherl (10275 Collins Avenue) inquired about the legal obligations of the Village in the event that deadlines are missed. Mr. Gonzalez replied that Collins Avenue traffic should not be affected, and that Phase I should be complete by the end of the year. Mr. Gonzalez and Mr. Weiss commented that the Village might have exposure to liability. Councilman Salver commended the homeowner that had already signed the easement. Mr. Weiss suggested moving ahead Phase I of the project. Vote: the Motion was passed as amended by unanimous voice vote (5-0). Councilman Groisman returned to the dais. Barry Shevlin (162 Bal Bay Drive) spoke R9 — NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding the Jetty beautification project. (COUNCILMAN GROISMAN) Councilman Groisman suggested splitting the discussion regarding the Phase I easements and the broader issues of the Gated Community, to which Mr. Weiss responded that the previous item under discussion regarded the Phase I of the sewer project, yet the residents themselves expanded the discussion. Mr. Weiss stated that he Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 111 had suggested to the residents that Councilman Groisman be present for the broader discussion. Councilman Groisman described the current status of the Jetty and suggested that its beautification should be separated from the broader project of Collins Avenue project. Nina Rudolph (212 Bal Bay Drive) agreed with focusing on the Jetty. Steve Greenberg (9930 Collins Ave.) asked about the potential costs, to which Councilman Groisman replied that focusing on the Jetty would move a piece of the project forward. Mr. Gonzalez recommended revisiting the three firms that presented their ideas for the Collins Avenue project, select a firm that would work with the Village to Assistant Mayor Cohen agreed that the Jetty needed to be upgraded, and public input was needed to understand the scope of the project. Brian Mulheren (10245 Collins Ave.) commented on the ownership of the Jetty and suggested public hearings and notice, to which Councilman Groisman replied that this was a discussion item to gauge whether or not it should be placed on a future agenda. Dan Holder (24 Bal Bay Drive) spoke. A general discussion ensued followed by a recommendation by the Council for the three firms that provided their qualifications for the Collins Avenue project to return to the Council at a time selected by the Manager. R9B Discussion regarding the preservation of the west side of Collins Ave. (COUNCIL REQUESTED) R9C Discussion regarding Architectural Review Board action. (ASSISTANT MAYOR COHEN) Jaya Zebede (Architectural Review Board Member) introduced herself and commented on how she perceived development the community questioned the responsibility of the Architectural Review Board and its ability to address the larger issues regarding historic preservation. She the read the actions taken by the Architectural Review Board at its January 6, 2016 meeting. Mayor Packer commended Ms. Zebede and the importance Architectural Review Board to the Village. Neil Alter (9801 Collins Ave.) related his experience with the Historic Preservation Board, and described the importance of community participation, using Richmond Heights as an example. Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 112 Mr. Weiss explained the history of the Miami -Dade County Historic Preservation Board and the ability for cities to opt out. The Village did not opt out Assistant Mayor Cohen suggested that if it is the feeling of the Council a board could be formed that could make recommendations to the Council and the Council could make recommendations to the Historic Preservation Board. Councilman Groisman commended Ms. Zebede. He then described the limitations of the Council to act. Mr. Weiss commented that the responsibilities of the ARB could be expanded after which a general discussion ensued. Mr. Gonzalez commented that a study/survey (Janus Report) that had been conducted several years ago and that the ARB should review it and determine which buildings would warrant protection. Lynn Bloch -Mullen (10150 Collins Ave.) spoke in favor of protecting the west side of Collins Avenue and suggested review the deeds of the property where the Church -by - the -Sea was located. Brian Mulheren (10245 Collins Ave.) described the (Janus Research) report and spoke in favor of preserving the west side of Collins Avenue. Beth Berkowitz (10160 Collins Ave.) commented that the name of the report described previously was the Janus Report and that it was available on the Village's website and recommended that all should review it. Babak Rehab (128 Balfour Drive) spoke against the process of granting variances and asked why the Council would approve an amendment to an ordinance but not pass the ordinance. Steve Greenberg (9930 Collins Ave.) spoke regarding participation in Miami -Dade County Historic Preservation Board meeting. Assistant Mayor Cohen asked for guidance from the Manager and the Village Attorney on an expanded conversation regarding the preservation of the west side of Collins Avenue. Mr. Weiss suggested that the Architectural Review Board review the (Janus) report and make recommendations to the Council. Mr. Gonzalez suggested that the Janus report should be provided to the ARB, then have the ARB report to the Council after which the Council would make recommendations to the County. Mr. Weiss added that he should receive direction from the Council to amend the Village Code that would expand the powers of the ARB. A Motion to send the Janus Report to the Architectural Review Board for review and recommendations, and for the Village Attorney to draft an ordinance to expand the powers of the Architectural Review Board was moved by Assistant Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 P a g • 113 Mayor Patricia Cohen and Seconded by Mayor Martin Packer. Vote: the Motion passed by unanimous voice vote (5-0). R9D Discussion regarding pedestrian crosswalk lights. (ASSISTANT MAYOR COHEN) Assistant Mayor Cohen introduced the item commenting that she was not in favor of the flashing lights that were outside Village Hall. Chief Mark Overton described the complaints received by his department and the amount of pedestrian traffic at the test sites. Babak Rehab (128 Balfour Drive) in favor of the solar lights. Steve Greenburg (9930 Collins Ave.) spoke in favor of the solar lights and the proposed signs. Brian Mulheren (10245 Collins Ave.) spoke in favor of the lights and lights and signs utilized by other communities. R9E Discussion regarding interlocal shuttle bus system for the Town of Surfside, Village of Bal Harbour, and Town of Bay Harbor Islands. (VILLAGE MANAGER) Mr. Gonzalez described the proposed project and the opportunity to partner with the other communities. Councilman Salver asked is the cost would come out of the CITT monies to which Mr. Gonzalez replied that the route would, but the $12,000 would come from the General Fund. Councilman Groisman described the benefits of a local system. Brian Mulheren (10245 Collins Ave.) spoke in favor of the project and commented on the condition of the current Bal Harbour Village bus. Mayor Packer commented that the item before the Council was the interlocal system. Councilman Salver inquired about ridership and suggested an on -demand, point-to- point type of system as an alternative. John Oldenburg (Director of Parks and Public Spaces) Mr. Gonzalez suggest to the Council not to do the project if the Council does not want to do it. Bal Harbour Village Regular Council Meeting Minutes -January 26, 2016 114 Assistant Mayor Cohen motion to follow the Manager's Recommendation, Seconded by Mayor Martin Packer. Babak Rehab (128 Balfour Drive) spoke against a study. Ridership1500 per month Vote: motion passed by Voice Vote (3-2) R9F Public Comment Cipora Fraiman (135 Biscay Drive) commented on her water and sewer bill. Doug Rudolph (212 Bal Bay Drive) spoke on the changes he has experienced the Gated community administered by the Village. Barry Shevlin (162 Bal Bay Drive) spoke in agreement with Mr. Rudolph. Daniel Holder (24 Bal Bay Dr.) agreed with the previous speakers on the Village administering the Gated Community. Nina Rudolph (212 Bal Bay Drive) agreed with the previous speakers on the Village administering the Gated Community. Babak Rehab (128 Balfour Drive) commented on equal treatment by the Council and the opposed to selling to outside food contractor for Village events, and provided his opinion of the appointed trustee. Tony Rolland (Harbour House) commented on lack of lifeguards at the beach, to which Mayor Packer, Mr. Gonzalez and Chief Overton responded that efforts are being made to improve beach safety, including coordination with the hotels, enhanced 911 response and a beach ranger. R10 - VILLAGE MANAGER REPORT R10A (VILLAGE MANAGER) R11 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) R12 - VILLAGE ATTORNEY REPORT Bal Harbour Village Regular Council Meeting Minutes- January 26, 2016 P <, g 1 15 END OF REGULAR AGENDA "elef Mayor Martin acker Attest: Dwight S'banie, Village Clerk Bal Harbour Village Regular Council Meeting Minutes —January 26, 2016 F.,,.. I16