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