HomeMy Public PortalAbout2016-10-31 Regular MeetingMayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth E. Salver
Councilman Jaime M. Sanz
BAL HARBOUR
- VILLAGE -
VILLAGE COUNCIL
REGULAR MEETING MINUTES
OCTOBER 31, 2016
AT 8:00 P.M.
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota
Helfman Cole & Bierman; P.L.
Bal Harbour Village Hall • 655 - 96`h Street • Bal Harbour • Florida 33154
CALL TO ORDER/PLEDGE OF ALLEGIANCE- Mayor Packer called the meeting to
order at 8:02 P.M.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth Salver (8:05 PM)
Councilman Jaime Sanz
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Weiss, Village Attorney
Susan L. Trevarthen, Village Attorney
Stephanie Marquez, Deputy Village Clerk
Eddie Block led the Pledge of Allegiance, which was followed by a moment of silence.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS (Council and LPA)
MOTION: A motion to defer R7E was moved by Councilman Groisman and seconded
by Mayor Martin Packer.
VOTE: The motion passed by unanimous voice vote (5-0)
W- Request to withdraw pending development applications from Bal Harbour Shops,
LLC
Mr. Gonzalez read a letter submitted by Bal Harbour Shops asking to withdraw their
applications from consideration by the Village Council.
Councilman Sanz left the dais (8:05 PM).
Ms. Trevarthen summarized the item explained Section 21-51 of the Village Code. She
stated that the effect of granting the request to withdraw the application would be that
no application from the property, or any portion of it, would be granted a public
hearing for a period of six months without Council approval. She further stated that if
the request to withdraw is denied, the applications would be heard in this meeting,
which could be approved or denied, and if denied, the same application could not be
submitted for a public hearing for one year. She added that a revised application could
be submitted.
Amy Huber (Shubin Bass, Representing Bal Harbour Shops, LLC) commented that the
Council had deferred the Shops applications until January 2017 until current litigation
was resolved, then unilaterally and without notice, scheduled the hearing in October,
before the November election, leaving the applicant with no choice but to withdraw
their application. She stated that the Council has no right not to grant the withdrawal
and that her position was that there was no application before the Council and there
was nothing to decide. She further stated that while litigation was pending, she did
not believe that there could be a fair and impartial hearing.
Councilman Salver asked Ms. Huber if she agreed with the opinion that if the
withdrawal was granted, no application regarding the property could be heard for a
period of six months, to which Ms. Huber stated that she did not agree.
A general discussion ensued regarding the reasons for with deferring the application
until January 2017, with the Ms. Huber's opinion that it was deferred until pending
litigation was resolved, and with the Village's opinion that the item was deferred
because the applicant was entitled to one deferral.
Daniel Holder (24 Bal Bay Dr.) urged the Council to deny the request for withdrawal.
Neil Alter (9801 Collins Ave.) asked the Council how many lawsuits the Shops has
initiated against the Village, to which Mr. Weiss listed the five complaints. Mr. Alter
then asked Mr. Gonzalez if the budget for legal services had been exceeded, to which
Mr. Gonzalez replied that it had.
Mr. Weiss commented that Florida Courts have ruled that governmental bodies may
have to reimburse costs for public records complaints.
Ree Kelly (2000 Towerside Ter., Miami Shores) stated that the motivations of the Shops
was political and related to money, after which, she read from a letter from she said
was from the attorneys of the Balmoral Condominium Association.
Irwin Shaab (9801 Collins Ave.) asked for clarification of the postponement of the
Shop's application and clarification of a withdrawal versus a denial of the application,
then urged the Council to tell the Shop's "we are not going to take it anymore." He
then commented that as past president of the Balmoral Condo Association, he was not
in agreement with the "deal made with the Bal Harbour Shops" and though he did not
know the real story, the board was not supposed to coerce residents.
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a g 12
Lynn Bloch -Mullen (10150 Collins Ave.) commented that the Shops was not entitled to
more than one deferral and urged the Council to deny the request for withdrawal.
Brian Mulheren (10245 Collins Ave. commented that the Village is not for sale, spoke
against the Shops.
Mark Fisher (284 Bal Bay Drive) commented that something should be done (with the
Shop's project) but not everything. He suggested that the whichever Council were to
review the application in the future, they should recover the costs, accrued to date, in
the negotiation process.
Kent Harrison Robbins (Representing Asst. Mayor Cohen) described the effort that he
has undertaken to date on the public records lawsuit against Assistant Mayor Cohen.
MOTION: There was no motion to grant or deny the request to withdraw the
application.
Councilman Sanz returned to the dais. (9:00 PM)
PRESENTATIONS AND AWARDS
PA1 Certificate of Appreciation for Ruth Karp
(MAYOR PACKER)
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
Assistant Mayor Cohen requested that items C7D and C7E be removed from the
Consent Agenda for further discussion.
MOTION: A motion to approve the remainder of 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).
C6 - COUNCIL MINUTES
C6A 1st Budget Hearing and Regular Council Meeting Minutes - October 13,
2016
C6B 2nd Budget Hearing and Regular Council Meeting Minutes - October 20,
2016
Bal Harbour Village Regular Council Meeting Agenda - October 31, 2016 P 13
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE
APPROVING AND ACCEPTING FINAL SETTLEMENT FOR THE
ACQUISITION OF PARCELS SS-01-01 and SS-00-03, OWNED BY MIAMI-
BEACH HEIGHTS, A DISSOLVED CORPORATION, OF THE SANITARY
SEWER UTILITY REPLACEMENT PROJECT; AND PROVIDING FOR
IMPLEMENTATION; PROVIDING AN EFFECTIVE DATE.
(VILLAGE ATTORNEY)
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE
APPROVING AND ACCEPTING FINAL SETILEMENT FOR THE
ACQUISITION OF PARCEL SS-10-07, OWNED BY BAL HARBOUR
MANOR CO-OP (10190 COLLINS AVENUE) OF THE SANITARY SEWER
UTILITY REPLACEMENT PROJECT; AND PROVIDING FOR
IMPLEMENTATION; PROVIDING AN EFFECTIVE DATE
(VILLAGE ATTORNEY)
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ACCEPTING A UTILITY EASEMENT, BILL OF SALE AND
AGREEMENT FROM CONSULTATIO BAL HARBOUR, LLC FOR WATER
AND SEWER FACILITIES INSTALLED AT 10201 COLLINS AVENUE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
(VILLAGE MANAGER)
C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING A BEACH ACCESS EASEMENT AGREEMENT
FROM CONSULTATIO BAL HARBOUR, LLC TO OWNERS OF PROPERTY
WITHIN DESIGNATED PLATS FOR BEACH ACCESS FROM COLLINS
AVENUE TO AND FROM THE PUBLIC BEACH ON THE OCEANA
PROPERTY LOCATED AT 10201 COLLINS AVENUE; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE
(VILLAGE MANAGER)
MOTION: The item was move for discussion by Councilman Seth Salver and seconded
by Councilman Gabriel Groisman.
Mr. Gonzalez summarized the item describing the Development Agreement with the
Consultatio and the requirements for a Temporary Certificate of Occupancy (TCO) one
of which is a 25-foot-wide beach access path with limited the access times and
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a g
electronic key fobs for the benefit of the residents west of Collins, inside and outside
the gate, but not necessarily to the east side.
Asst. Mayor Cohen questioned why easement was not granted to all Bal Harbour
residents and commented that access times seemed restrictive.
Carter McDowell (Bilzin Sumberg, Representing the Consultatio) described the agreed
upon easement and the security issues expressed by the neighboring Plaza (of Bal
Harbour Condo) and stated that easement was not granted to the general public or
commercial properties. He stated that the access hours were specifically requested by
the Plaza.
Assistant Mayor Cohen expressed her concern regarding the time limitations, noting
that public access to the beach at the north and south was available 24 hours per day
to which Mr. McDowell replied that he would be willing to work with the Village
Attorney for a reasonable time frame during winter months when daylight hours were
shorter, while maintaining the requirements of the development agreement with
respect to the Plaza.
Councilman Groisman suggested amending the words "and/or" to "and" on Page 119,
Paragraph 4; having a non -electronic option for the control system in addition to a fob;
and adding language where the developer would not profit from the costs, and
replacement costs, of the keys (fobs). Mr. McDowell expressed general agreement and
said that he would explore language with the Village Attorney to address these
concerns.
Mayor Packer added that the Kenilworth has a similar key solution for its residents.
Village Attorney Richard Weiss paused the discussion to ask members of the audience
to restrain from talking so the court reporter could understand the conversation on the
dais.
Irwin Shaab (9801 Collins Ave) expressed his concerns that a manual code, versus a
key, could be problematic if it needed to be changed. He also commented that
residents on the east side should have access rights even though they may not use it
very often.
Beth Berkowitz (10160 Collins Ave.) asked access could be made available for the 70th
Anniversary event, and commented that there has never been a complaint from the
Plaza.
Penny Sepler (10275 Collins Ave.) commented that she could not understand the safety
concerns of the Plaza that caused access times to be limited to which Mr. McDowell
commented that the Council had voted on the conditions of the Development
Agreement.
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016
Councilman Groisman asked if there would be an issue to hearing this item at a future
date, then left the dais (9:34 PM). Mr. McDowell replied that it would be an issue, then
explained the reasons why this easement is not a public easement.
Councilman Salver suggested setting definite access times.
Village Attorney Richard Weiss suggested that Mr. McDowell and Gail Serota meet
during this meeting to draft language that address the concerns expressed by the
Council, then return later in the evening for Council consideration.
Councilman Groisman - returned to the dais (9:40 PM).
Brian Mulheren (10245 Collins Ave.) commented that the terms of the Development
Agreement was never discussed in public, and that the access was required by fire
code.
Steve Greenberg (9930 Collins Ave.) commented that Mr. McDowell should
demonstrate clearly how the easement would work.
The item was deferred for consideration later on the Agenda.
Mr. McDowell that the terms discussed this evening were properly noticed and
published in the Agenda, and that any perception of back -room dealing was
inaccurate. (9:48 PM)
The item was brought before the Council at 11:03 PM.
Gail Serota, Village Attorney explained the modifications to the beach access
easement.
Steve Greenburg (9930 Collins Ave.) commented that easement should be given for
special events held by the Village, to which Mr. McDowell stated that easement was
given to property owners not the Village (public), and that the property owner could
agree at any time to work with the Village.
Assistant Mayor Cohen commented that she did not feel there should be time
restrictions.
MOTION: A motion to pass C7D with the proposed modifications
VOTE: The motion to approve the item with the proposed modifications passed by
unanimous voice vote (4-0).
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016
C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING A COLLINS AVENUE EASEMENT AGREEMENT
FROM CONSULTATIO BAL HARBOUR, LLC TO OWNERS OF PROPERTY
WITHIN DESIGNATED PLATS FOR ACCESS AND PASSIVE
RECREATIONAL PURPOSES ON THE EASEMENT AREA SITUATED
ALONG COLLINS AVENUE ON THE OCEANA PROPERTY LOCATED AT
10201 COLLINS AVENUE; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(VILLAGE MANAGER)
MOTION: A motion to approve the resolution was moved by Councilman Salver and
seconded by Councilman Groisman.
Village Manager Jorge M. Gonzalez summarized the item and commented that the
Council may want to treat this item the same as C7D.
Asst. Mayor Cohen expressed concerns about limiting access times on an open green
space, to which Mr. McDowell commented that some rule needed to be in place in the
event of abuse of access rights, but that he was willing to work with the Village Attorney
to provide reasonable access times.
Councilman Sanz questioned how many condominiums on the east side offer this
amenity, and suggested that the Council allow Mr. McDowell the opportunity to work
with the Village Attorney to address the concerns.
Mark Fisher (284 Bal Bay Drive) expressed that a contract had been made and he urged
the Council to move forward.
The item was deferred for consideration later on the Agenda (9:56 PM).
The item was brought before the Council at 11:10 PM.
VOTE: The motion to approve the item with the proposed modifications passed by
voice vote (3-1) with Assistant Mayor Cohen voting in the negative.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ACCEPTING A BEACH EASEMENT AGREEMENT FROM
CONSULTATIO BAL HARBOUR, LLC FOR THE BENEFIT OF THE PUBLIC
FOR A BEACH PARCEL OF LAND BOUNDED ON THE EAST BY THE
EROSION CONTROL LINE AND ON THE WEST BY THE EAST LINE OF
TRACT A OF THE OCEANA PROPERTY LOCATED AT 10201 COLLINS
AVENUE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE
(VILLAGE MANAGER)
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016
C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING STAFF TO ENTER INTO AN AGREEMENT WITH
LS SIGN STUDIO FOR THE CREATION AND INSTALLATION OF VILLAGE -
WIDE INFORMATIONAL SIGNAGE; AUTHORIZING THE INSTALLATION
OF NEW INFORMATIONAL SIGNAGE; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE
(TOURISM DEPARTMENT)
C7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING AND APPROVING AN AMENDMENT TO THE
AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND AMERICAN
TRAFFIC SOLUTIONS, INC. FOR THE TRAFFIC SAFETY CAMERA
PROGRAM AND EXPENDITURE OF A FIXED FEE OF $4,250 PER MONTH;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
(POLICE DEPARTMENT)
Recess to convene Local Planning Agency Meeting
Councilman Sanz left the dais at 10:16 PM.
LOCAL PLANNING AGENCY MEETING
Ms. Trevarthen explained that procedures for the Local Planning Agency Meeting then
read the language for quasi-judicial hearings into the record.
The Village Council of Bal Harbour Village, sitting in its capacity as the Local Planning
Agency, will hold a public hearing to consider and make recommendations to the
Village Council, regarding the items described below. Items LPA1 and R5A are the
same, and Items LPA2 and R5B are the same. These two items are legislative in nature,
and are related to quasi-judicial Item QJ1 because all three items relate to the .Shops
project. Therefore, all of the Shops -related items (LPA1/R5A, LPA2/R5B and QJ1) will
be presented concurrently.
For these items, the applicant and the Village staff will make presentations and the
Mayor will then entertain public comment. If you wish to comment on one of these
agenda items, please inform the Mayor when he asks for public input on it. An
opportunity for persons to speak will be made available after the applicant and staff
have made their presentations on the item. All testimony, including public testimony
and evidence, will be made under oath or affirmation.
Bal Harbour Village Regular Council Meeting Agenda - October 31, 2016
Additionally, for the quasi-judicial item QJ1 (the Shops Development Agreement), each
person who gives or has given testimony may be subject to cross-examination under
the Quasi -Judicial portion of the Regular Council Meeting Agenda. If you refuse either
to be cross-examined or to be sworn, your testimony will be given its due weight (with
regard to QJ1). The general public will not be permitted to cross-examine witnesses,
but the public may request the Village Council to ask questions of staff or witnesses on
their behalf. Persons representing organizations must present evidence of their
authority to speak for their organization. Further details of the quasi -judicial procedures
in Section 2-201, et seq., of the Village Code may be obtained from the Village Clerk.
LPA ROLL CALL- Mayor Packer called the LPA meeting to order at 10:23 P.M.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth Salver
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Weiss, Village Attorney
Susan L. Trevarthen, Village Attorney
Stephanie Marquez, Deputy Village Clerk
Members of the Council disclosed any ex parte communications and asked Council
members if they were willing and able to make their determination only on evidence
to placed into the record to which all members of the Council answered, yes. The
Village Clerk then swore in those who would be providing testimony.
Councilman Groisman asked for clarification that if either item fails, then the following
items would not be heard, to which Ms. Trevarthen agreed.
Village Manager Jorge M. Gonzalez recommended hearing item LPA2 first.
Mr. Groisman then asked how the absence of the applicant would affect the hearing,
to which Ms. Trevarthen recommended that the item should be heard.
LPA1 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE
REQUEST OF BAL HARBOUR SHOPS, LLLP FOR A SMALL SCALE
AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE
PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL
CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL)
TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET AS LEGALLY
DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS, SEVERABILITY,
AND FOR AN EFFECTIVE DATE.
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a o e 19
LPA2 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE
CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE DEFINITIONS,
TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN
THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED
DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC
BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN
RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE,
CONFLICTS, AND FOR AN EFFECTIVE DATE.
OPTION A: As Recommended by Administration
OPTION B: As Submitted by Applicant
MOTION: A motion to recommend denial of the ordinance for text amendments to
the Village Code was moved by Councilman Groisman and seconded by Assistant
Mayor Cohen.
Mr. Gonzalez described the sequence of events leading to the application in front of
the Council this evening. He then described the changes between this application and
the previous application, explaining that he had not negotiated the current agreement,
per order of the Council.
Michael Miller, Village Planner provided a zoning history of the property and described
the requested text amendments and recommend that the Council consider the Staff
recommendations.
Beth Berkowitz (10160 Collins Ave.) commented that the Zoning Code text
amendment changes apply to all the properties in the Business District, to which Mr.
Gonzalez responded that it would not apply to the SunTrust property.
David Paul (9801 Collins Ave) spoke as an owner and not a representative of the
Balmoral Condo Association, opposing the proposed text amendments to the Village
Code.
Daniel Holder (24 Bal Bay Dr.) spoke against the proposed text amendments to the
Village Code.
Lynn Bloch -Mullen (10150 Collins Ave) spoke against the proposed text amendments
to the Village Code and spoke against the Church by the Sea.
Irwin Shaab (9801 Collins Ave) commented on the absence of the applicant and spoke
in favor of the denial of the request to amend the Zoning Code.
Brian Mulheren (10245 Collins Ave.) spoke against the Shops and commented that
nothing should be approved for them commenting that they are not good neighbors.
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 110
Councilman Salver commented that he had gone over the proposed plans in
significant detail and stated that the level of the ask does not justify the public benefit.
Councilman Groisman commented that the balance between the residential buildings,
the residential homes and the Shops works, but that this application falls short in
maintaining that balance in regards to community benefit.
VOTE: The motion to recommend denial of the ordinance for text amendment
changes to the Village Code passed by unanimous voice vote (4-0).
ROLL CALL
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
Mayor Martin Packer
X
Ms. Trevarthen stated that since this LPA2 failed, LPA1 was moot, and recommend
adjourning the LPA meeting.
Adjourn and reconvene the Regular Council Meeting (10:59 PM)
REGULAR COUNCIL MEETING AGENDA
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA APPROVING
THE REQUEST OF BAL HARBOUR SHOPS, LLLP FOR A SMALL SCALE
AMENDMENT TO THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF
ONE PARCEL CONSISTING OF APPROXIMATELY .62 ACRES FROM INST
(INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH
STREET AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR
CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE.
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE
CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE
DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA
DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR
RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4
"ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS
FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE, CONFLICTS; AND FOR AN EFFECTIVE DATE.
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 - 111
OPTION A: As Recommended by the Administration
OPTION B: As Submitted by the Applicant
Ms. Trevarthen explained that R5A is moot and recommended that the Council now
consider R5B, noting that the representatives of the Shops were not present.
MOTION: A motion to accept the recommendation of the LPA and deny the ordinance
for text amendments to the Village Code was moved by Mayor Martin Packer and
seconded by Assistant Mayor Cohen.
VOTE: The motion passed by unanimous voice vote (4-0).
ROLL CALL
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
Mayor Martin Packer
X
QJ- QUASI JUDICIAL ITEMS (FOLLOWING THE PROCEDURES OF SECTION 2-201 ET SEQ., VILLAGE
CODE)
Ms. Trevarthen stated that QJ1 was moot.
QJ1 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN BAL
HARBOUR SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING
VILLAGE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A SIGN PERMIT FOR A MONUMENT SIGN TO BE
LOCATED AT 10201 COLLINS AVENUE, CONSISTENT WITH THE
VILLAGE CODE OF ORDINANCES; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE. (Oceana)
(BUILDING DEPARTMENT)
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 112
This item was considered at 9:57 PM.
MOTION: The resolution was moved for discussion by Mayor Martin Packer and
seconded by Councilman Jaime Sanz.
Village Manager Jorge M. Gonzalez summarized the item describing location and the
design of the proposed sign.
Councilman Groisman commented that the law does not permit the Council to make a
determination on the design of the sign, only whether or not it meets the Village Code.
VOTE: The resolution was approved by unanimous voice vote (5-0).
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A PERMIT FOR TWO STATUES TO BE LOCATED
AT 10201 COLLINS AVENUE, CONSISTENT WITH THE VILLAGE CODE
OF ORDINANCES; PROVIDING FOR IMPLEMENTATION; PROVIDING
FOR AN EFFECTIVE DATE (Oceana)
(BUILDING DEPARTMENT)
Village Manager Jorge M. Gonzalez summarized the item.
MOTION: The resolution was moved for discussion by Councilman Seth Salver and
seconded by Councilman Gabriel Groisman.
VOTE: The resolution was approved by unanimous voice vote (5-0).
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A PERMIT FOR A STATUE TO BE LOCATED AT
10205 COLLINS AVENUE, KENILWORTH CONDOMINIUM, CONSISTENT
WITH THE VILLAGE CODE OF ORDINANCES; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(BUILDING DEPARTMENT)
MOTION: The resolution was moved for discussion by Councilman Groisman and
seconded by Councilman Jaime Sanz.
Village Manager Jorge M. Gonzalez summarized the item describing the proximity of
the sculpture to the sidewalk.
VOTE: The resolution was approved by unanimous voice vote (5-0).
Councilman Sanz commended the Kenilworth in helping the Village bring art to Bal
Harbour.
Bal Harbour Village Regular Council Meeting Agenda - October 31, 2016 113
Mayor Packer described an upcoming Art Chat that would highlight the Kenilworth art
collection.
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH SAFEGUARD AMERICA,
INC. D.B.A. AMERICAS TRANSPORTATION.COM AND THE VILLAGE OF
BAL HARBOUR TO OPERATE SCHEDULED COMMUNITY SHUTTLE
SERVICES AND ADDITIONAL SHUTTLE SERVICE AS REQUIRED AT
ESTABLISHED RATES, IN THE AMOUNT NOT TO EXCEED ANNUAL
APPROPRIATED FUNDS FOR THESE SERVICES, FOR AN INITIAL THREE
YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE
AGREEMENT FOR SUBSEQUENT THREE 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)
MOTION: The resolution was moved for discussion by Mayor Martin Packer and
seconded by Assistant Mayor Patricia Cohen.
Village Manager Jorge M. Gonzalez summarized the item commenting that the recent
contract, having expired, is on a month -to -month arrangement, and that the current
vendor has expressed a desire to continue with the Village, but with increased costs.
He then explained that staff then researched other vendors.
Assistant Mayor Cohen reaffirmed that the bus was owned by the Village.
Councilman Groisman suggested changes to the contract language on Page 3 of 13 of
the agreement and adding willful or intentional conduct to broaden indemnification.
Assistant Mayor Cohen commended John Oldenburg, Director of Parks and Public
Spaces.
VOTE: The resolution passed by unanimous voice vote (5-0).
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE
DECLARING THAT ACQUISITION THROUGH NEGOTIATED
CONVEYANCE OR EMINENT DOMAIN OF PRIVATE PROPERTY
INTERESTS IN THE PARK SITE LOCATED AT THE INTERSECTION OF
COLLINS AVENUE AND HARBOUR WAY WILL SERVE A PUBLIC PURPOSE
AND IS NECESSARY TO PROVIDE ADEQUATE RECREATIONAL OPEN
SPACE TO VILLAGE RESIDENTS LIVING IN MULTIFAMILY HOUSING;
AUTHORIZING THE VILLAGE MANAGER AND ALL OTHERS ACTING ON
HIS BEHALF TO ACQUIRE THE NECESSARY PROPERTY INTERESTS
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P a ° 114
THROUGH NEGOTIATED CONVEYANCE OR EMINENT DOMAIN;
AUTHORIZING THE VILLAGE MANAGER AND ALL OTHERS ACTING ON
HIS BEHALF TO TAKE SUCH FURTHER ACTIONS AS ARE REASONABLY
NECESSARY; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE. (DEFERRED)
(VILLAGE ATTORNEY)
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Department of Environmental Protection's (DEP) Toxic Water Quality
Rule.
(COUNCILMAN SETH SALVER)
Councilman Salver summarized the item. Councilman Groisman suggesting having a
colleague (Paul Schwiep), knowledgeable in this area, explore the issue and make
recommendations for a resolution to be brought back in front of the Council.
R9B Public Comment
Steve Greenberg (9930 Collins Ave.) commended Councilman Groisman, Mr.
Gonzalez, Mayor Packer, Assistant Mayor Cohen, and Councilman Salver and Joe
lmbesi. He then asked Mr. Gonzalez to provide the status of the crosswalk. Councilman
Groisman commented on the timing of the crosswalk in front of the Consultatio.
R1 O - VILLAGE MANAGER REPORT
R1 OA
(VILLAGE MANAGER)
R1 1 - VILLAGE CLERK REPORT
R11A Village Lobbyist Registration Report
(VILLAGE CLERK)
R12 - VILLAGE ATTORNEY REPORT
R1 2A Kent Harrison Robbins legal fees update
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 P _ 115
END OF REGULAR AGENDA
ADJOURN
The meeting was adjourned at 11:18 PM
Attest:
r
Dwight S. Dale, Village Clerk
Bal Harbour Village Regular Council Meeting Agenda — October 31, 2016 Page 116