HomeMy Public PortalAbout2016-06-14 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
JUNE 14, 2016
AT 7:00 P.M.
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Packer called the meeting to
order at 7:00 P.M.
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
Mark Overton, Chief of Police
Stephanie Marquez, Deputy Village Clerk
Chief Overton led the Pledge of Allegiance, which was followed by a moment of
silence for the shooting victims of the Pulse nightclub in Orlando.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
A Motion to defer Agenda Item R7B was moved by Councilman Jaime Sanz and
Seconded by Mayor Martin Packer. Vote: the Motion passed by unanimous voice
vote (5-0).
PRESENTATIONS AND AWARDS
Chief Overton presented Officer George Waisman as Officer of the Month for his
heroic actions on May 17, 2016, risking his own lives in saving other's at Haulover
Beach Park. Rabbi Mark Rosenberg spoke on behalf of the affected families in
honoring and admiring Officer Waisman for his courage and dedication to public
Agenda Item C6A
service. The Council, Staff and members of the public unanimously congratulated
Officer Waisman.
Mayor Packer announced that June 14 is Flag Day and asked all to commemorate the
American Flag. He then acknowledged John Oldenburg (Director of Parks and Open
Spaces) and Village Staff for their efforts in Sunday, June 5, 2016 Launch into Summer
Luau with an audiovisual presentation of the event.
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Regular Council Meeting Minutes - May 17, 2016
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA APPROVING AN AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND CERES ENVIRONMENTAL SERVICES, INC. TO
PROVIDE DISASTER DEBRIS RECOVERY MANAGEMENT AND
DISPOSAL SERVICES AS NEEDED; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(DEPARTMENT OF PARKS AND OPEN SPACES)
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND CALVIN, GIORDANO & ASSOCIATES INC.
(CGA) FOR THE PROVISION OF MUNICIPAL SUPPORT SERVICES;
APPROVING A PROPOSAL FROM CALVIN, GIORDANO & ASSOCIATES
INC. (CGA) FOR THE PROVISION OF OWNERS REPRESENTATIVE
SERVICES RELATED TO THE BAL HARBOUR VILLAGE UTILITY MASTER
PLAN, FOR THE PHASE ONE SEWER INFRASTRUCTURE RENEWAL
PROJECT IN THE AMOUNT NOT TO EXCEED DOLLARS, ($---);
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE
(DEPARTMENT OF PUBLIC WORKS)
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; SUPPORTING THE UNITED STATES COAST GUARD
MODIFICATION OF THE OPERATING SCHEDULE OF THE 63RD STREET
BRIDGE ACROSS INDIAN CREEK, MILE 4.0 AT MIAMI BEACH, FLORIDA,
PURSUANT TO DOCKET NUMBER USCG 2015-0940; URGING THE
UNITED STATES COAST GUARD TO CONSIDER MODIFICATIONS TO
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 12
THE OPERATING SCHEDULE OF THE 96TH STREET BRIDGE ACROSS
BAY HARBOUR ISLANDS; DIRECTING THE VILLAGE CLERK TO
FORWARD A COPY OF THIS RESOLUTION TO THE FEDERAL RULE
MAKING PORTAL, THE CLERK OF THE CITY OF MIAMI BEACH, THE
CLERK OF THE TOWN OF BAY HARBOR ISLANDS, THE CLERK OF THE
TOWN OF SURFSIDE, THE CLERK OF THE CITY OF NORTH MIAMI AND
THE CLERK OF MIAMI-DADE COUNTY; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(LEGAL DEPARTMENT)
C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE
VILLAGE BUILDING OFFICIAL THAT THE HARBOUR HOUSE CAFE
APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF
ALCOHOLIC BEVERAGES AND TOBACCO FOR A 2COP LICENSE IS
COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(BUILDING DEPARTMENT)
A Motion to approve the Consent Agenda was moved by Councilman Seth Salver
and seconded by Assistant Mayor Patricia Cohen. Vote: the Motion passed by
unanimous voice vote (5-0).
REGULAR AGENDA
R5 - ORDINANCES
NO ORDINANCES
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA APPROVING THE BUILDING DIRECTOR'S
DETERMINATION THAT A WAIVER OF PLAT APPLICATION BY
FLAMINGO WAY ENTERPRISES, LLC, SEEKING TO CREATE THREE
SINGLE FAMILY RESIDENTIAL LOTS FROM AN APPROXIMATELY 2.99
ACRE PORTION OF TRACT "E" OF THE BAL HARBOUR RESIDENTIAL
SECTION PLAT, GENERALLY LOCATED SOUTH OF BAL BAY DRIVE ON
THE NORTH SIDE OF THE YACHT BASIN MEETS THE VILLAGE CODE
OF ORDINANCES; INSTRUCTING THE VILLAGE CLERK TO TRANSMIT
THIS RESOLUTION TO MIAMI-DADE COUNTY FOR ITS REVIEW;
PROVIDING FOR VIOLATION OF CONDITIONS; PROVIDING FOR AN
EFFECTIVE DATE.
(BUILDING DEPARTMENT)
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016
(8:42 PM) Richard Weiss, Village Attorney read the procedures for quasi-judicial
hearings. The Village Clerk swore in those who would be providing testimony. Mr.
Weiss then asked members of the Village Council to disclose any ex-parte
communications.
Jaime Sanz returned to the dais at 8:42 PM.
Mayor Packer stated that he had no ex parte communications. Councilman Salver
stated the he had spoken with residents and the applicant.
Assistant Mayor Cohen left the Dais at 8:42 PM.
The Council took a brief recess to form 8:44 PM until 8:47 PM to allow the Village
Clerk to restart Internet streaming of the meeting.
Continuing with the disclosure of ex parte communications, Councilman Groisman
stated that he had spoken with Mr. Wolf, Mr. and Ms. Rudolf, Mr. Cohen, the Yacht
Club, the Falics, and Mr. Yakovlev. Councilman Sanz stated that he had spoken to
Tony Imbesi and Nina Rudolf.
Mr. Weiss asked attorneys Bercow and Garcia -Serra if they wished to cross-examine
the Councilmembers regarding their ex parte communications, to which they replied
that they did not. The Village Clerk read the title of the Resolution into the public
record.
Mr. Gonzalez introduced the item stating that ultimately the decision is that of the Plat
Division of Miami -Dade County with the affirmation from the municipality that it meets
zoning code and all aspects of the local jurisdiction.
Assistant Mayor Cohen returned to the Dais at 8:53 PM.
Michael Miller, Village Planning Direct, described the item, stating that Village code
allows for residential uses in the PC (Private Club) Zoning District with anything built
needing to be similar to the existing single lot houses on the water, a minimum of
17,500 sq. ft. with 100 ft. in width, and that all the proposed lots exceeded minimum
code requirements.
Mr. Miller described how the changes in the demographics affected the calculation of
community open space, saying that Census data showed the population to be
younger and that the percentage of seasonal units had increased, and that currently,
counting recreational facilities, there would be a small surplus of acreage counted as
community open space.
A general discussion ensued regarding lack of clarity on the criteria set by Miami -
Dade County use to calculate open space in its concurrency management system,
multiple reports with conflicting results, the importance of counting seasonal guests,
and the need to have an independent calculation.
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016
Mario Garcia -Serra (600 Brickell Avenue, Attorney for Flamingo Way Enterprises LLC)
described the components of the application with a brief history of staff review stating
that the proposed lots comply with Village Zoning Code, a title search showed no
restrictions, the open space concurrency requirements have been met, and that
application is in compliance with the Village's Comprehensive Plan. He stated that the
waver of plat process was a technical process, drawing lines on a map.
Tony Imbesi (175 Camden Drive) stated that his family had bought the property as a
business investment to make money. He commented that the Village had already
approved a waiver of plat on the South side of the property, and that it was his right
to develop the property in a manner that would increase surrounding property values
and enhance the Village.
Richard Cresci (34 Bal Bay Drive) spoke in favor of the waiver of plat, commenting
that Mr. Imbesi has significantly approved the property.
Joe Imbesi (Flamingo Way Enterprises LLC) asked the Council to consider that no
hardship would be imposed. He stated that he would prefer to sell the property to
neighbors.
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke in favor of the waiver of plat,
and commented that Mr. Imbesi's idea was incredible and the inclusion of the
property as green space, when nobody else could utilize it was not the fault of the
applicant.
Shlomo Kamhazi (138 Park Drive) suggested negotiating to keep a permanent East
side view for the Village.
Joe Imbesi (Flamingo Way Enterprises) commented that using deed restrictions, he
would guarantee that the east side of the Marina would never be developed aside
from the proposed development.
Daniel Holder (24 Bal Bay Dr.) commended the Village for the installation of showers
on the beach, then suggested an access way for pedestrians.
Jeffrey Bercow, (Bercow Radell and Fernandez, representing Howard Cohen) spoke
against the waiver of plat stating that it was against the zoning regulations and the
1997 Comprehensive Plan. He commented that land designated as recreational
could not be used for residential uses, but because the land is not vacant the
argument that it does, does not hold water.
Rob Curtis (7520 Red Road) described his private and public sector experience, and
his past experience in testifying as an expert witness. He commented that the
proposal was inconsistent with the Comprehensive Plan.
Mr. Garcia -Serra then cross-examined Mr. Curtis asking: if there was a vacant land use
category in the Future Land Use Map, to which Mr. Curtis replied that there was not; if
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016
there were other examples of grandfathering previous uses as existing uses, to which
Mr. Curtis replied that there were; and if he was aware of case law that, in the event of
ambiguity between the Zoning Code and the Comprehensive Plan, there is an
obligation to interpret them so that bot are consistent, to which Mr. Curtis replied that
he did not know of such case law.
A general discussion ensued regarding the interpretation of the Village Zoning Code
and Comprehensive Plan in regards to what is permissible for land designated
recreational after which attorneys Garcia -Serra and Bercow provided closing
statements.
Mr. Weiss provided the Council with a summary of the next steps for the Council to
take in making a decision regarding the waiver of plat.
Councilman Groisman asked for clarification regarding dock easements for the
properties to which Mr. Garcia Serra commented that each home would have its own
dock but Parcel 3 the potential homeowner would have boat slips behind their
house. Mr. Miller explained the proposed easements of the properties.
Mayor Packer and Councilman Salver asked for clarification of recreational property
owned privately.
Village Attorney Richard Weiss cautioned the Council to refrain from comments due
to current litigation and asked the Council to make a determination based on
consistency with the Comprehensive Plan.
Asst. Mayor Cohen left the dais at 10:10 PM.
Mr. Bercow and Mr. Garcia -Serra reiterated their positions on whether or not the
proposal was consistent with the Comprehensive Plan.
Joe Imbesi (Flamingo Way Enterprises LLC) commented that the Council already
voted to re -plat a portion of the property two years ago. He commented that the
property and a restriction to be a yacht club in the 1950's for a period of twenty years,
and that it is now allowed a residential use.
Councilman Groisman commented that the Council should not take possible
litigation to determine whether or not to make a determination.
Councilman Gabriel Groisman moved the Resolution for further discussion and the
motion was seconded by Councilman Seth Salver. Councilman Groisman made a
motion to amend the resolution as follows: the dock access easement (Parcel 3)
should be removed from the application; that there be an independent analysis of
the open green space requirements and a finding that the application for waiver of
plat meets the requirements; the application includes a covenant that runs with the
land in favor of the Village that the remainder of the property should not be
developed in any manner; that before any construction the plans come before the
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 1 6
Council for approval; and that the resolution as passed be recorded with Miami -
Dade County Clerk.
A general discussion ensued regarding the proposed amendments. Mr. Joe Imbesi
commented that he would rather go to court, then left the meeting at 10:27 PM. Mr.
Garcia Serra asked for clarification of the amendments. Upon Mr. Tony Imbesi's
request, he then stated that the proposed conditions were not acceptable to his
client.
Council Gabriel Groisman withdrew his motion to amend the resolution and his
motion to approve the resolution, then made the motion to Deny the Resolution,
which was seconded by Councilman Jaime Sanz. Vote: the motion passed by roll call
vote (3-1) with Councilman Seth Salver voting in the negative and Assistant Mayor
Cohen absent.
ROLL CALL
Yes
No
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
X
Mayor Martin Packer
X
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; ACCEPTING THE CERTIFIED ANNUAL FINANCIAL
REPORT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE. DEFERRED
(FINANCE DEPARTMENT)
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A (7:23 PM) Discussion Regarding entering into a Sister City relationship
with Pietrasanta, Italy
Mr. Gonzalez introduced the item, providing an overview of the Sister Cities program
and one of its focal points on art and culture. Assistant Mayor Cohen described her
experience with Pietrasanta, her introduction to its Mayor, Massimo Mallegni and the
receipt of a formal invitation to become a Sister City.
Mayor Mallegni provided an overview of Pietrasanta and described his collaborative
relationships with artists and exhibitions of their work throughout Pietrasanta and
presented the idea of sharing these exhibitions with Bal Harbour. He described the
similarities between Bal Harbour and Pietrasanta as a luxury destinations and then
described Pietrasanta's other Sister Cities throughout the world. He concluded his
presentation stating that a Sister City relationship would benefit everybody.
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016
I
Councilman Groisman commented that we could look into the Sister City program
but we shouldn't just do it for the sake of doing it, adding that the Sister City program
promotes exchanges in education, culture, economics and development. He
commented that he is unclear how Bal Harbour fits into any of those categories.
Asst. Mayor Cohen commented that she liked the idea of youth exchange, and,
initially, she would like to establish an art relationship, wherein Pietrasanta would
share its world class art exhibits (and all the work that goes into its production) with
Bal Harbour.
Mayor Packer stated that it was a good idea and that the Village needs to have an art
connection and would benefit from a relationship with Pietrasanta and should
consider it at the proper time.
Councilman Salver commended Mayor Mallegni and his presentation.
A Motion to allow the Resort Tax Committee to explore a Sister City relationship and
make recommendations to the Village Council was Moved by Councilman Seth
Salver and seconded by Councilman Jaime Sanz.
Brian Mulheren (10245 Collins Ave.) spoke in favor of a Sister City relationship
commenting that this would be perfect for Bal Harbour and its youth.
Tony Imbesi (175 Camden Drive) commended the presentation and commented that
this relationship would enrich the lives of Bal Harbour residents.
Neil Alter (9801 Collins Ave.) spoke in favor of a Sister City relationship commenting
that it would be a unique and extraordinary opportunity for Bal Harbour.
Vote: the Motion passed by voice vote (4-1) with Councilman Gabriel Groisman
voting in the negative.
(ASSISTANT MAYOR COHEN)
9B Discussion regarding the acquisition of the vacant lot located at 9800
Collins Avenue (formerly the Fairfield Manor). DEFERRED
(MAYOR PACKER)
R9C Discussion Regarding West Side of Collins Historic Designation along
with the ARB Recommendation. DEFERRED with the suggestion of
conducting a public workshop around November 2016.
(ASSISTANT MAYOR COHEN)
R9D (10:31 PM) Status of the Security Landscape and Assessment
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 18
(COUNCILMAN SANZ)
Councilman Groisman left the dais at 10:30 PM. Mr. Gonzalez described the item.
Assistant Mayor Cohen returned to the dais at 10:32 PM. Mr. Gonzalez described the
item.
Councilman Groisman returned to the dais at 10:34 PM.
David Shear (Attorney for the Bal Harbour Civic Association) provided a brief
explanation of the Association, describing the Association members as being happy
with its management by the Village. He explained the work the Association has been
doing to get the Association up and running. He commented that the current utility
construction work and the security provided by the assessment offer sufficient public
purpose to continue the management of the assessment by the Village.
Mark Fisher (284 Bal Bay Drive) commented that the Oceana project, putting the
gated community into complete disarray, provides sufficient public purpose. He
asked for an extension of time at least until the project is complete, at least 5 years.
Nina Rudolf (212 Bal Bay Drive) commented that the Association needs the ongoing
help of the Village.
Ree Kelly (2000 Towerside Ter., Miami Shores) asked what would be the public
benefit and state that public funds cannot be used for private use. She stated that the
length of time that the Village has provided funds makes the funded items public.
Daniel Holder (24 Bal Bay Drive) described the history of the assessment and the
Residential Advisory Committee (RAC) and further stated that the realities of trying to
form an organization to manage the assessment necessitate the continued assistance
of the Village.
Dina Cellini (211 Bal Cross Drive) spoke in favor of the request of the Association
stating that there is no cost to the Village and added that the Gated Community is
uniquely suffering the impacts of the Oceana project imposed upon the Gated
Community by the Village.
Mr. Shear reiterated Ms. Cellini's comments and further requested an extension of
five years.
Doug Rudolf (212 Bal Bay Drive) commented that there is a real possibility that a
decline of the gated community for lack of services could affect the whole Village and
spoke in favor of an extension of time.
Brian Mulheren (10245 Collins Avenue) commented that the parks and green spaces
inside the Gated Community should be available to the whole Village and that Kent
Security should provide roving security inside the gate.
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 1 9
Councilman Salver commented that he agreed with all but one of the public speakers
and asked what the Village could to give the Association more leverage to provide
the critical mass for the creation of an autonomous homeowner's association.
Councilman Groisman commented that not being big fan of pushing this process
forward, but the Oceana projects necessitates an extension. He further commented
that he is a big proponent of pushing forward with the development of the HOA.
Assistant Mayor Cohen commented that she understands the urgency of the
situation, but that the extension of five years may not provide enough impetus for
further development of the HOA and suggested a three year extension with the
possibility of extending it further if need be.
Councilman Groisman agreed, and commented that a legal mess could occur should
the easements needed for the future phases of the water and sewer project, are
transferred to the HOA.
Mr. Gonzalez commented that Phase II of the project extends beyond five years and
suggested that the development of the HOA and the completion of the project not
be tied together.
Councilman Salver commented that it was his understanding that during Phase II of
the project the Village would negotiate with one entity and not individual
homeowners.
Mr. Weiss commented that negotiating with individual homeowners is more complex
but not unprecedented for large utility projects.
Councilman Salver asked Mr. Shear if the HOA would own all the roads and the
infrastructure, to which Mr. Shear replied that that might be the goal.
Mayor Packer made the Motion to direct staff to continue doing the assessment and
provide the Gated Community a three year extension with a review for further
continuance at that time. The Motion was seconded by Assistant Mayor Cohen. Vote:
the motion passed by unanimous voice vote (5-0).
Mr. Gonzalez commented that the Administration will bring the assessment to the
Council at the July Council Meeting.
R9E Discussion regarding Airbnb: Vacation Rentals, Homes, Apartments &
Rooms for Rent.
(MAYOR PACKER)
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 110
Mayor Packer introduced the item and asked Chief Overton to explain the current
situation. Chief Overton described the requirements of the Village Code and
commented that a letter would be sent to property owners/managers highlighting
the requirements. He also stated that Code enforcement would be enhanced.
A general discussion ensued regarding obtaining help from the owners/managers,
and the difficulty of identifying and proving violations.
Chief Overton added that only a preponderance of evidence is needed and that the
assistance in identifying violations is helpful.
Beth Berkowitz (10160 Collins Avenue) commented that in her building, women were
coming from foreign countries to give birth to their children and asked what the
Village could do, to which Mayor Packer suggested that the co-op pass stricter rules.
A general discussion ensued.
Daniel Holder (24 Bal Bay Drive) commented that his condo rules require approval of
guests and the duration that they stay.
R9F Discussion on Legal Fees. DEFERRED
(COUNCILMAN GROISMAN)
R9G Greenspace analysis report
(COUNCILMAN GROISMAN)
Councilman Groisman suggested obtaining an independent entity that has not
worked with the Village to conduct an analysis.
Dina Cellini (21 1 Bal Cross Drive) rather than getting another independent analysis
that would result in another different calculation, that the Village should ask Miami -
Dade County to explain how they apply their rules.
A general discussion ensued regarding hiring a consultant to advise the Council, and
have the Council refine the Village Code. The Council then provide direction to the
Manager to proceed in doing so.
R9H Discussion regarding the commemoration of the Village's 70th
Anniversary
(VILLAGE MANAGER)
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 1 11
Ramiro Inguanzo, Assistant Village Manager, described the item stated that the
intention bringing the discussion to the Council was for the Council to assign
responsibility of managing the planning process to the Resort Tax Committee.
A Motion to allow the Resort Tax Committee to manage the planning process for the
Village's 70th Anniversary celebrations was moved by Mayor Martin Packer and
seconded by Councilman Jaime Sanz. Vote: the motion passed by unanimous voice
vote (5-0).
R91 Discussion Regarding Holiday Lighting
(VILLAGE MANAGER)
Mr. Inguanzo provided a brief history of holiday lighting in Bal Harbour commenting
that based on feedback from last year's display the Village has reached out to last
year's vendor and two other vendors seeking proposals within a $75,000 budget. He
then stated that the Architectural Review Board would be the best entity to make
recommendations to the Council on proposed designs, and proposed bringing the
item to the July 6, 2016 ARB meeting.
Mayor Packer commented that resident input was essential to which Assistant Mayor
Cohen agreed and further commented that last year's display was deficient given the
budget provided.
Nina Rudolf (212 Bal Bay Drive) quoted the expression "less is more" and stated that
the lighting of the Medjool palms was beautiful but that one problem last year was
the consistency of lights being off and on. She stated that a display down the center
of Collins was not necessary, the display at Founder's Circle was beautiful and worth
keeping. She also recommended a nice tree at the front of the gate.
Mr. Inguanzo commented that Ms. Rudolf's comments reflected the majority of the
feedback received. Councilman Sanz added that making sure the Medjools are
healthy was important.
Dina Cellini (21 1 Bal Cross Drive) commented that the vendor selected last year was
not the one selected by the majority of the Selection Committee and suggested
adding the vendor that was selected by the majority be included in this year's pool of
vendors.
Mr. Gonzalez asked the Council to assign the task to the ARB to consider the
selection in a public forum. There was a general consensus from the Council to
assign the task of vendor selection to the Architectural Review Board.
R9H Public Comment
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 P a E 112
(7:58 PM) Mayor Packer opened the floor for members of the community to discuss
the subject of BDS (Boycott, Divestment, Sanctions).
Ree Kelly (2000 Towerside Ter., Miami Shores) submitted documents into the public
record to the Council stated that the documents demonstrated that the Church by the
Sea is still not divested from the UCC (United Church of Christ). She stated that she
personally spoke with the UCC and with Mr. Wagner, and stated that the money
withdrawn is with the investment fund and not the pension fund. She stated that anti-
Semitism will not be tolerated by herself or her friends. She stated that the resolution
passed by the Village Council was invalid.
Lynn Bloch -Mullen (10150 Collins Ave.) read from a Wall Street Journal ad regarding
US Mayors joining together to fight anti-Semitism and asked the Council not to forget
what they had promised. She summarized her past experience with the Church by
the Sea. She stated that we do not want to bring anti-Semitism back to Bal Harbour.
She asked the Council to consider if we want the UCC in Bal Harbour and stated that
she thought not.
Stanley Tate (9999 Collins Avenue) summarized his past experience and credentials
and involvement in the anti-BDS movement, then distributed and read from a letter
that he had sent to the Mayor and Council. He read that Church by the Sea is quietly
supporting the BDS movement by being an affiliate of the UCC, and should
disassociate themselves.
Neil Alter (9801 Collins Ave.) read remarks from Bal Harbour resident, Larry Jaffe,
calling for the reversal of the Council's actions.
Brian Mulheren (10245 Collins Ave.) recounted Bal Harbour's history in terms of anti-
Semitism and stated that the Council previously acted without facts.
Amy Huber (Shubin & Bass) objected to the process of the discussion item being
placed on the agenda without Council vote and without public notice. She stated
that remarks made by speakers calling the Church by the Sea, or the UCC, anti-
Semitic are defamatory.
Mayor Packer commented that a resolution was not currently in front of the Council
and a recent newspaper article prompted him to open the topic for discussion.
Steve Greenberg (9930 Collins Ave.) asked Councilman Groisman if he is a Bal
Harbour Resident.
Oded Ben-Arie (130 Biscay Drive) commented that he was proud of the anti-BDS
Ordinance, and stated that the Church by the Sea should withdraw its membership
with the UCC or the Village should withdraw its resolution.
Bal Harbour Village Regular Council Meeting Minutes —June 14, 2016 P a 113
Eli Dominance (194 Park Drive) stated that everyone present are united in support of
Israel and against BDS, and that Councilman Groisman and the Council should be
commended for their efforts. He commended the Church for making a stand against
the UCC.
Councilman Groisman described the history of the anti-BDS ordinance and how Bal
Harbour has become leader in the United States. He described his efforts with the
Church by the Sea to educate them on the BDS issue and to provide them with the
opportunity to respond. He commented that the contract is with the Church by the
Sea, and that they should be commended from separating themselves from the UCC
regarding this issue. He stated that he had recently spoke at the United Nations and
the Israeli leaders commended the actions of the Village Council for the manner that
they handled the contract with Church by the Sea.
R10 - VILLAGE MANAGER REPORT
R10A
(VILLAGE MANAGER)
R1 1 - VILLAGE CLERK REPORT
R11A Village Lobbyist Registration Report
(VILLAGE CLERK)
R1 2 - VILLAGE ATTORNEY REPORT
R12A Update on the acquisition of public open space
END OF REGULAR AGENDA -
The meeting was adjourned at 1 1:54 PM
Mayor Martin Packer
Attest:
Dwight_ meanie, Village Clerk
Bal Harbour Village Regular Council Meeting Minutes -June 14, 2016
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