HomeMy Public PortalAbout2016-02-16 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
FEBRUARY 16, 2016
AT 7:00 P.M.
Bal Harbour Village Hall • 655 - 96`h Street • Bal Harbour • Florida 33154
CALL TO ORDER - Mayor Martin Packer called the meeting to order at 7:17 P.M. (The
Pledge of Allegiance was pronounced during the General Employee's Pension Board
Meeting.)
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
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
There were no additions, withdrawals or deferrals.
PA - PRESENTATIONS AND AWARDS
PA1 Presentation to Ramon Fernandez from Chief Mark Overton
Mayor Packer commended Clair Breukel, Curator of the Unscripted Bal Harbour
Creative Project for her work on the Art Access Tour: Art Wynwood event.
Mayor Packer then reappointed Councilman Seth Salver as Village's delegate and
Assistant Mayor Cohen as his alternate to the Miami -Dade County League of Cities.
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Regular Council Meeting Minutes - January 26, 2016
A Motion to approve the Consent Agenda was move by Councilman Seth Salver and
Seconded by Councilman Jaime Sanz. Vote the Motion was approved by unanimous
voice vote (5-0).
REGULAR AGENDA
Mayor Packer announced that R1 A would be heard next and asked to keep the overall
discussion a minimum so that Councilman Sanz would not have to wait more than one
half hour. Councilman Sanz recused himself from the dais at 7:25 PM. He proposed
that a special meeting be scheduled for Thursday, March 17, 2016, a time that aligned
with everyone's calendars and that the location of the meeting was still under
consideration. The date of a referendum, if required, was also a factor for
consideration.
He described the actions that the Council might take at this meeting, including
consideration of: a development agreement, the disposition of the existing Village Hall
site, small scale comprehensive plan amendments, text amendments and a conditional
use request and major site plan review.
The Council discussed the acceptability of various venues. Raj Singh offered to relook
at the possibility of the use of the Sea View hotel.
Councilman Groisman asked Mr. Gonzalez to affirm that the Council would be
receiving a complete packet and that there were no further changes, which he did.
Assistant Mayor Cohen asked how the public would be informed, to which Mr.
Gonzalez replied that the information would be uploaded to the website, followed by
and email blast, plus a newsletter could be sent to residents.
Mayor Packer commented that Daniel Holder had circulated a set of questions via
email which he would like to be answered.
Councilman Groisman mentioned that the signs of the Church by the Sea were still up,
and urged their removal.
Assistant Mayor Cohen distributed language from the Village Charter regarding the
sale of real property owned by the Village.
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 12
R1A Verbal Report on the Bal Harbour Shops Expansion Project.
(VILLAGE MANAGER)
Mr. Gonzalez provided a status report on the Bal Harbour Shops saying that the Village
was pretty much complete with negotiations and that the Council would be receiving
a complete package tomorrow.
Babak Raheb (128 Balfour drive) asked what the rush was, commented that many
residents do not have access to online documents, spoke against a summer election
and stated that the Village's lease at the Shops was a conflict.
Daniel Holder (24 Bal Bay Dr.) spoke regarding the questions that he had submitted to
the Village via email and reiterated Asst. Mayor Cohen's reading of the Charter.
Mark Fisher (284 Bal Bay Dr.) spoke regarding transparency over payments being
made to apartment buildings, and the implication of removing the sale of Village Hall
from the application.
Neil Alter (9801 Collins Ave.) asked for an explanation of a text amendment and a
variance, to which Mr. Weiss, provided a description of both. A general discussion
ensued
Brian Mulheren (10245 Collins Ave.) expressed that the Village is rushing into a
decision. Assistant Mayor Cohen agreed.
Bruna Corso (10210 Collins Ave.) commented on the historic nature of the buildings
on the West of Collins Avenue.
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
SECTION 5-5 "DOGS PROHIBITED IN PARKS, ON BEACHES; DOGS
RUNNING AT LARGE; CANINE EXCREMENT" OF CHAPTER 5
"ANIMALS" OF THE VILLAGE CODE OF ORDINANCES, TO PERMIT
DOGS ON VILLAGE BEACHES ON A PERMANENT BASIS SUBJECT TO
CERTAIN LOCATIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. FIRST READING.
(POLICE DEPARTMENT)
A Motion to approve the item was moved by Assistant Mayor Patricia Cohen and
Seconded by Councilman Gabriel Groisman.
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016
13
Mr. Gonzalez introduced the item. Assistant Mayor Cohen reviewed the history of the
ordinance and expressed the positive feedback that she had received from the
Community. Councilman Groisman commended the process used to test the
ordinance for a year
Babak Raheb (128 Balfour Drive) inquired if the ordinance just applied to dogs on the
beach, to which Mr. Gonzalez affirmed that it did, clarifying that it applied to dogs on
the beach path.
Yes
No
Assistant Mayor Cohen
X
Councilman Groisman
X
Mayor Packer
X
Councilman Sanz
Councilman Salver
X
Vote the Ordinance was passed on First Reading by Roll Call Vote (4-0).
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
NEGOTIATE AN AGREEMENT FOR THE PROVISION OF LANDSCAPE
ARCHITECTURAL SERVICES FOR THE DESIGN AND IMPLEMENTATION
OF A PHASE ONE JETTY AND BEACH WALK RESTORATION PROJECT
RELATED TO A COHESIVE AESTHETIC THROUGHOUT THE VILLAGE'S
PUBLIC SPACES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
(PARKS AND PUBLIC SPACES DEPARTMENT)
Jorge Gonzalez spoke
Representatives from AECOM, Kimley Horn, Perkins & Will each provided
presentations of their qualifications of their companies with examples from projects in
which they had been involved.
Councilman Groisman should go forward because of BHS, should vote on who
negotiate with not right to table again. Urged Council to move forward
Councilman Salver concurred
Beth Berkowitz (10160 Collins Ave.) asked, what is the projected cost of the project,
how much money is earmarked, how much would be coming out of resort tax dollars.
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 14
Daniel Holder (24 Bal Bay Dr.) commented that the jetty is susceptible to storms,
people fishing create a mess, a non -slip surface is needed and suggested keeping the
project simple.
Brian Mulheren (10245 Collins Ave.) commented that Collins Avenue should have a
higher priority than the jetty.
Assistant Mayor Cohen commended the qualifications of the firms and stated that she
echoed the sentiments of previous speaks, saying less is more in Bal Harbour. She
commented she did not see the urgency to repair the pier, that Bal Harbour does not
need iconic attractions. She recommend further exploring the project.
Councilman Groisman agreed that something simple should be done, but that
something needed to be done because of the current conditions, adding that the jetty
should be beautified. He stated that all the residents' concerns would be addressed in
the next stage of the contract.
Mayor Packer agreed that the jetty needs repair and safety concerns need to be
addressed. He stated that it was premature to select a firm. He stated that he did not
know what the costs of the project would be and that more time would be necessary
to make a judgement.
A Motion to Vote on choosing one of the companies was moved Councilman Gabriel
Groisman, and Seconded by Councilman Seth Salver.
Yes
No
Assistant Mayor Cohen
X
Councilman Groisman
X
Mayor Packer
X
Councilman Sanz
Councilman Salver
X
The motion failed on by Roll Call Vote (2-2).
Mayor Packer commented that future work on the jetty was necessary, but that we
needed to look through the proposals carefully to make an intelligent decision.
Assistant Mayor Cohen concurred. Councilman Groisman asked the Council to take
concrete steps in moving forward.
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH METRO EQUIPMENT SERVICE,
INC. TO SUPPLY ALL MATERIALS, EQUIPMENT AND LABOR NECESSARY TO
CONSTRUCT A NEW SANITARY LIFT STATION (PS-3) AT THE SITE OF THE
CURRENT (PS-1) AND INSTALL A NEW CONNECTING GRAVITY SEWER LINE
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016
15
WITH DEVICES ALONG HARBOUR WAY FROM BAL BAY DRIVE EASTWARD
TO COLLINS AVENUE IN THE AMOUNT NOT TO EXCEED TWO MILLION
NINE HUNDRED FORTY EIGHT THOUSAND, SEVEN HUNDRED THIRTY
DOLLARS ($2,948,730);AUTHORIZING THE VILLAGE MANAGER TO RETAIN
THE SERVICES OF A PROJECT MANAGEMENT PROFESSIONAL AS
REQUIRED TO SERVE AS OWNERS REPRESENTATIVE IN THE AMOUNT NOT
TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000); PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
(PARKS AND PUBLIC SPACES DEPARTMENT)
The item was Moved for approval by Councilman Seth Salver and Seconded by
Assistant Mayor Patricia Cohen.
Jorge Gonzalez described the item stating that the project was the first phase of a
larger project to provide adequate capacity for the community and for development,
and that Metro Equipment Services was lowest responsible bidder. He then described
the responsibilities of the owner's representative.
Councilman Groisman commented that the owner's representative is redundant and
unnecessary, to which Mr. Gonzalez explained the responsibilities of the owner's
representative for larger scale projects and that it would be prudent to have a second
set of eyes on the project. Mr. Groisman suggested that it would be necessary to
closely monitor the owner's representative and then suggested separating the owner's
representative from this item.
Councilman Salver concurred and commented time and budget constraints
necessitated the need to do everything possible up -front to keep the project on track.
Mr. Gonzalez commented that a contract could be brought back to Council.
A motion to amend the Resolution to bring the contract for the project management
professional back to the Council for final approve was moved by Councilman Gabriel
Groisman and seconded by Mayor Packer. Vote: motion passed on unanimous voice
vote (4-0).
Vote: The main motion to approve the amended resolution was passed by unanimous
voice vote (4-0).
Daniel Holder (24 Bal Bay Dr.) asked if the contract would have a project duration and
specifications, to which Mr. Gonzalez replied that it would.
Raj Singh (53 Camden Dr.) commented that he had no confidence in Craig Smith and
that their closely work should be reviewed and recommended seek other proposals.
Yaakov Andrusier (150 Camden Drive) concurred with Mr. Singh.
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 Page 16
Brian Mulheren (10245 Collins Ave.) commented that it is important for a Village person
to overlook work that is being done. He then inquired about the status of the eminent
domain process, to which Mr. Weiss responded.
Steve Smith (Craig Smith) clarified that the role of his company would be the designer,
the contractor is Metro Equipment and his firm is the engineer of record. A general
conversation regarding the roles of all parties ensued.
Dina Cellini (21 1 Bal Cross Dr.) suggested that the roles of designer and construction
observer should be done by separate companies. Councilman Groisman suggested
the way to resolve the issue would be to vote yes on this item and no on the next which
would let us have our own owner's representative. The general discussion continued.
Lilia Toro (10210 Collins Avenue) suggested having someone from the owner's side.
Jorge Gonzalez described the owner's representative in large communities and
explained that the Village does not have a city engineer, that it was important to have
someone to be our eyes and ears on projects, especially considering that is project
would be subterranean.
Vote: the main motion to approve the amended resolution was passed by unanimous
voice vote (4-0).
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH CRAIG A. SMITH AND
ASSOCIATES, INC. FOR THE PROVISION OF CONSTRUCTION
OBSERVATION AND ENGINEERING SERVICES DURING CONSTRUCTION OF
PHASE ONE OF THE SEWER INFRASTRUCTURE RENEWAL PROJECT IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY EIGHT THOUSAND,
EIGHT HUNDRED EIGHT DOLLARS ($188,808); PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(PARKS AND PUBLIC SPACES DEPARTMENT)
The item was Moved for approval by Assistant Mayor Patricia Cohen and Seconded
by Mayor Martin Packer.
Jorge Gonzalez described the item.
Raj Singh (53 Camden Dr.) reiterated is opinion of Craig A. Smith and the high
occurrences of change orders in past projects.
Yaakov Andrusier (150 Camden Drive) asked why the owner's representative was not
hired prior, to which Mr. Gonzalez explained that he had deemed it necessary, after
reviewing the received bids.
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016
I7
Daniel Holder (24 Bal Bay Dr.) asked for clarification of the time extension of the project
and whether or not there would be penalties for delays, to which Jorge Gonzalez
replied that we would not be in compliance with the development agreement. Mr.
Holder than discussed how the number of persons on the job affected outcomes.
Dina Cellini (211 Bal Cross Dr.) asked the manager if he had plans on communicating
with the community, to which Mr. Gonzalez described the steps moving forward,
commenting that the streets would be available during the project
Vote: the main motion to approve the resolution was passed by unanimous voice vote
(4-0).
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH FACILITIES PRO -SWEEP INC.
TO PERFORM SCHEDULED STREET SWEEPING SERVICES WITH THE VILLAGE
OF BAL HARBOUR IN THE AMOUNT OF FORTY ONE THOUSAND THREE
HUNDRED SIXTEEN DOLLARS ($41,316.00) PER YEAR FOR AN INITIAL THREE
YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE
AGREEMENT FOR SUBSEQUENT ONE YEAR PERIODS AS REQUIRED;
AUTHORIZING THE EXPENDITURE OF ANNUAL APPROPRIATED FUNDS;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(PARKS AND PUBLIC SPACES DEPARTMENT)
The item was Moved for approval by Mayor Martin Packer and Seconded by
Councilman Seth Salver.
Jorge Gonzalez described the item and asked the Council to award the contact and
consider enhancing services.
Assistant Mayor Cohen recommended providing the services seven days per week, or
as many days per week as is possible.
Councilman Salver asked how the contract would deal with debris issues, to which John
Oldenburg replied that most services would be done in-house, but there would be an
option in the contract special circumstances.
Raj Singh (53 Camden Dr.) suggested having the services provided after the garbage
trucks have left.
Beth Berkowitz (10160 Collins Ave.) asked about the seasonality of the services, to
which Mr. Gonzalez replied that the services would only be provided during peak
season
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 1 8
Brian Mulheren (10245 Collins Ave.) commented on the need for the services.
Dina Cellini (211 Bal Cross Dr.) commented on the construction in the gated
community and the need for Code Enforcement.
A motion to amend the Resolution to reflect 5 days of street sweeping during October
through May, then 3 days per week during the off-season, May through October was
moved by Mayor Martin Packer and seconded by Councilman Seth Salver. Vote:
motion passed on unanimous voice vote (4-0).
Vote: the main motion to approve the resolution was passed by unanimous voice
vote (4-0).
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF THE BAL HARBOUR VILLAGE,
FLORIDA; DETERMINING THAT THE ATTENDANCE OF THE MAYOR, VILLAGE
COUNCIL MEMBERS AND STAFF AT CERTAIN EVENTS SERVES A VALID AND
VITAL PUBLIC PURPOSE; AUTHORIZING THE DISTRIBUTION OF EVENT
TICKETS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
(VILLAGE ATTORNEY)
The item was Moved for approval by Mayor Martin Packer and Seconded by
Councilman Seth Salver.
Richard Weiss, Village Attorney, describe the item, the history of rulings from the
Commission on Ethics and efforts by other municipalities in passing resolutions that
clarified what would be deemed a public purpose.
Councilman Groisman spoke in favor of passing the resolution, but urged the Council
to keep in mind that the appearance of impropriety may be a factor in a quasi-judicial
setting.
Assistant Mayor Cohen clarified that the tickets would not be coming from the Bal
Harbour Shops, but from the Buoniconti Foundation, that giving the tickets to members
of the Resort Tax Committee or Architectural Review Board members would be a good
way to reward their efforts.
Vote: the main motion to approve the resolution was passed by unanimous voice vote
(4-0).
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 Page 19
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Public Comment
Penny Sepler (10275 Collins Ave.) asked for clarification on an earlier statement that
reported that the hotels were not doing well.
Brian Mulheren (10245 Collins Ave.) commented that contractors should be
responsible for cleaning their own mess. He then commented on a stop -work order
for the Oceana commenting that Craig A. Smith was not doing its job.
Daniel Holder (24 Bal Bay Dr.) asked if there was any progress on having a shower on
the beach. A general discussion ensued regarding having the Manager review
options. He also asked the Council to limit construction hours from 9 to 5.
Beth Berkowitz (10160 Collins Ave.) commented on the lack of public access to the
beach during construction. A general discussion followed.
Yaakov Andrusier (150 Camden Drive) commented on the availability for residents to
use a shuttle.
Councilman Groisman commented on the possible danger a storm water drain in the
residential area.
10 - VILLAGE MANAGER REPORT
R1 OA
(VILLAGE MANAGER)
R11 - VILLAGE CLERK REPORT
R1 1A Village Lobbyist Registration Report
(VILLAGE CLERK)
R1 2 - VILLAGE ATTORNEY REPORT
R12A Mr. Weiss provided an update on the acquisition of public open space.
Yaakov Andrusier (150 Camden Drive) asked who owns the property inside and
outside the gate, to which Mr. Weiss responded, Miami -Beach Heights.
Councilman Groisman commented on the inappropriateness of passing notes
and speaking off microphone during Council meetings.
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 110
Dina Cellini (211 Bal Cross Dr.) inquired if the Village would be seeking fee
simple title or easement to the gate park and that the Village should have
noticed the residents in the residential section. Mr. Weiss commented that the
Council had instructed him to acquire the park. Mayor Packer concurred that an
easement had not been considered. Mr. Weiss read a previous motion
unanimously passed by the Council on September 8, 2015. A general
discussion ensued. Mr. Weiss suggested that he could review the use trustee to
clarify ownership and somehow transfer ownership of the green space inside
the gate to the Civic Association.
Beth Berkowitz (10160 Collins Ave.) commented the ownership and ability to
use the gate park outside the gate. Councilman Groisman clarified that his
comments regarded the green space inside the gate.
END OF REGULAR AGENDA
The Meeting was adjourned at 11:05 PM.
((,,( ac-----r,,,/,e,
Mayor Ma ' Packer
Bal Harbour Village Regular Council Meeting Agenda — February 16, 2016 1 11