HomeMy Public PortalAbout2016-11-22 Regular MeetingMayor Gabriel Groisman
Assistant Mayor Seth E. Salver
Councilman David J. Albaum
Councilwoman Patricia Cohen
Councilman Jeffrey P. Freimark
BAL HARBOUR
- VILLAGE -
VILLAGE COUNCIL
REGULAR MEETING MINUTES
NOVEMBER 22, 2016
AT 7:00 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 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to order
at 7:08 PM.
The following were present:
Mayor Gabriel Groisman
Assistant Mayor Seth Salver
Councilman David Albaum
Councilwoman Patricia Cohen
Councilman Jeffrey Freimark
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Weiss, Village Attorney
Stephanie Marquez, Deputy Village Clerk
The Pledge of Allegiance was led prior to the General Employees' Pension Board
Meeting.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS - There were none.
PRESENTATIONS AND AWARDS
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A August, 2, 2016 Special Council Meeting Minutes
C6B September 30, 2016 Public Meeting and Executive Session Minutes
C6C October 31, 2016 Regular Council Meeting Minutes
Agenda Item C6B
C7 - RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AUTHORIZING AND APPROVING THE DONATION OF $5,000.00 OF
LAW ENFORCEMENT TRUST FUNDS TO "DO THE RIGHT THING OF MIAMI,
INC."; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE
DATE.
(POLICE DEPARTMENT)
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; DESIGNATING USED IPADS AS SURPLUS PROPERTY; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(INFORMATION TECHNOLOGY)
MOTION: A motion to approve the Consent Agenda was moved by Assistant Mayor Salver
and seconded by Councilwoman Cohen.
VOTE: the motion passed by unanimous voice vote (5-0).
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 13, "PENSIONS AND RETIREMENT
BENEFITS," IN ACCORDANCE WITH THE FAVORABLE DETERMINATION
LETTER FROM THE INTERNAL REVENUE SERVICE; BY AMENDING THE POLICE
OFFICERS' PENSION PLAN AT SECTION 13-42 "SAME -RETIREMENT DATES
AND RETIREMENT BENEFITS", SECTION 13-45 "SAME -TERMINATION OF
EMPLOYMENT", SECTION 13-49 "SAME -AMENDMENT, TERMINATION AND
DISCONTINUATION OF PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND
PROVIDING AN EFFECTIVE DATE. (First Reading)
(VILLAGE MANGER)
Mr. Weiss offered suggestions to the Council regarding rules of procedure then introduced
the item. Mr. Gonzalez provided an overview of the item, stating that existing benefits would
not change, that the changes are to ensure that the qualified plan remains qualified.
MOTION: The item was moved for discussion by Assistant Mayor Seth Salver and seconded
by Councilwoman Patricia Cohen.
Councilman Freimark asked for a summary of the items, to which pension attorney Bob
Freeman, Holand and Knight, provided a background and summary of the item. He stated that
in 2007 the IRS wanted pension ordinances reviewed for compliance with tax laws and the
Village had applied for determination letter in January of 2009. He stated that it took the IRS
seven years to issue determination letter having had issues with the DROP (Deferred
Retirement Options Plan), but then issued a favorable determination letter for the Village. He
stated that a second application was filed in January of 2016 to stay within IRS program, and
that application is still pending., but in the meantime, the IRS has terminated the determination
Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 Page 12
program not file more applications. He then reviewed changes required to be made for the
Village to remain qualified for Sections 13-42(j)(3), 13-42(m), 13-45(e) abd 15-53, after which
he gave a brief description of the DROP.
There was no public comment.
Mayor Groisman commented that a roll call vote could be taken in any order and that the order
of procedure will be having the Village Clerk read the title of the item, followed by a report by
the Village Manager, and then ask for a motion.
VOTE: The motion passed by unanimous roll call vote (5-0).
ROLL CALL
Yes
No
Councilman David Albaum
X
Councilwoman Patricia Cohen
X
Councilman Jeffrey Freimark
X
Mayor Gabriel Groisman
X
Assisant Mayor Seth Salver
X
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; AFFIRMING THE VILLAGE'S OPPOSITION TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AND
ENVIRONMENTAL REGULATION COMMISSION'S WEAKENING OF HUMAN
HEALTH PROTECTIONS THROUGH NEW HUMAN HEALTH -BASED WATER
QUALITY CRITERIA FOR OUR WATERS; URGING THE U.S. ENVIRONMENTAL
PROTECTION AGENCY TO NOT APPROVE FLORIDA'S PROPOSED HUMAN
HEALTH -BASED WATER QUALITY CRITERIA; DIRECTING THE APPROPRIATE
VILLAGE OFFICIALS TO TAKE ANY AND ALL ACTIONS NECESSARY TO
EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE VILLAGE
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE U.S.
ENVIRONMENTAL PROTECTION AGENCY (EPA), ALL STATE
REPRESENTATIVES AND SENATORS REPRESENTING BAL HARBOUR VILLAGE
AND THE OFFICE OF THE GOVERNOR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
(VILLAGE MANAGER)
Mr. Gonzalez introduced the item.
MOTION: The item was moved for discussion by Assistant Mayor Seth Salver and seconded
by Councilwoman Patricia Cohen
There was no public comment.
Assistant Mayor Salver gave thanks to the previous Council for bringing this before the Council
and getting on the right side of the issue.
VOTE: The motion passed by unanimous voice vote (5-0).
Ba1 Harbour Village Regular Council Meeting Minutes — November 22, 2016 3
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A 2017 Meeting dates - Discussion of tentative dates for Council meetings
in calendar year 2017.
Mr. Gonzalez summarized the item stating that traditionally the Council has met on the
third Tuesday of each month, and that reviewing the calendar of holidays, the
Administration is recommending the third Tuesday, with the exception of April and
December.
Councilman Freimark stated that he had conflicts the January 17th and October 17th
meetings.
Mr. Gonzalez explained that members could participate electronically as long as there
was quorum in the room.
Councilwoman Cohen commented that last year, residents had issues with the
movement of meeting dates to accommodate Council members and urged the
Council to respect the third Tuesday of the month.
A general discussion ensued regarding the movent of the October meeting with the
understanding that the issue would return on the December 2016 agenda.
R9B Public Comment
Steve Greenberg (9930 Collins Ave) welcomed the new Council and recommended
the formation of a mini -league for young basketball players and the utilization of the
Recreation Center for after school programs. Councilwoman Cohen commented that
this issue is on the radar, and that there is plenty of interest in it. Mayor Groisman
added that the current basketball program has been very successful, and that it's
expansion should be considered.
Neil Alter (9801 Collins Ave.) congratulated the new Council and praised Steve
Greenburg's experience and expertise in basketball.
Penny Sepler (10275 Collins Ave.) praised the new Council then recommended the
annual 5K race be named in honor of Chief Mark Overton. She then recommended
repopening the discussion regarding redistricting and term limits.
Mayor Groisman stated that in Public Comments section of the agenda, no action will
be taken.
Ree Kelly (2000 Towerside Ter., Miami Shores) congratulated the new
Councilmembers and the new Mayor. She then commented that she found it
extraordinary that the Village does not want the parks in the Gated Community.
Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 1
R10 - VILLAGE MANAGER REPORT
R1OA
(VILLAGE MANAGER)
Mr. Gonzalez introduced reprentatives from the Florida Department of Transportation
to speak about the two-year project set to begin in January of 2017 regarding work on
the Herman Faultz Bridge crossing Baker's Haulover Inlet. He provided a brief
description of the project and stated that the area beneath the bridge (south end) was
leased to Bal Harbour Village by FDOT.
Mario Cabrera P.E. (Florida Department of Transportation) described the work to be
done including fixing concrete elements, minor structural repairs, replacing bearings,
cleaning and painting , and adding new seawalls on the North and South side.
Councilman Albaum asked for the contractorsname to which Mr. Cabrera replied that
it would be Kiewit Construction. Councilman Albaum then asked if there was an
incentive clause for finishing the project early, to which Mr. Cabrera responded that
there was not.
Councilman Albaum asked Mr. Cabrera to describe the traffic, to which Mr. Cabrera
replied that at times, there may be lane closures, that the project would be phased,
pedestrian traffic would not be blocked and the work areas would be kept clean.
Councilman Freimark asked for a clear description of traffic lane closures to which Mr.
Cabrera and Jose Morales (FDOT) commented that lane closures would not occur
often, that they would be of short intervals or rolling stops that would occur at night or
non -peak hours.
Councilman Freimark commented that non -peak hours differed on weekends and
holidays, to which Mr. Cabrera responded that it was not his aim to create hardships
for the public, and that if problems arose, construction times would be modified.
Councilwoman Cohen asked how the Community had been notified, to which Mr.
Cabrera responded that letters had been sent to residents. A general discussion
ensued regarding extra effort in noticing residents.
Mr. Gonzalez stated that it was his understanding that road closures would occur while
elevating the bridge to which Mr. Cabrera agreed and added that there may be other
times. Mr. Gonzalez suggesting having a direct liason between FDOT and our Police
Department to keep current with the proposed work, and Assistant Mayor Salver
added the the utilization of WENS was an essential communication tool.
Councilman Albaum asked if a comprehensive evaluation of the entire bridge had
been conducted, to which Mr. Cabrera stated that all deficiencies should be
addressed.
Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 Page 15
Mayor Groisman asked for clarification of the seawall work, to which Mr. Morales
replied that it would only occur within the FDOT right-of-way.
Mayor Groisman then asked for the loss of parking spaces during the project, to which
Mr. Cabrera replied that part of the parking would be a permanent staging (18 spaces),
the remaining being impacted during different parts of the project. A general
discussion ensued regarding access to loading vehicles and pedestrians and sufficient
and safe closure and appearance of the staging area.
Mayor Groisman asked for clarification of the FDOT lease to which Mr. Gonazalez
stated that the agreement included revenue -sharing and that revenue would be
decrease for both the Village and FDOT.
Councilwoman Cohen asked if the Village could have input on the color for painting
the bridge to which Mr. Cabrera commented that he would review the contract and
work with the Village as much as he could.
Sandra Bello (Florida Department of Transportation) provided a brief description of the
public outreach program.
R1 1 - VILLAGE CLERK REPORT
R11A Village Lobbyist Registration Report
(VILLAGE CLERK)
R1 2 - VILLAGE ATTORNEY REPORT
Village Attorney Richard Weiss announced that he would be scheduling Executive
Sessions for the Bal Harbour Shops vs Bal Harbour Village (certiorari), Bal Harbour
Yacht Club and Flamingo Way, Bal Harbour Shops vs Bal Harbour and Patricial Cohen,
and Flamingo Way vs Bal Harbour replat cases and and update of the "Gate Park"
before the next Council meeting.
Councilwoman Cohen commented that there is no settlement now contrary to rumors
and heresay, to which Mr. Gonzalez responded that after the attorney/client sessions
the items would return to the Council in a public meeting.
Councilman Albaum asked that an discussion item regarding the Bal Harbour Shops
vs Patricia Cohen be placed on the December agenda.
R1 2A Kent Harrison Robbins legal fees update
R1 2 B Update on the "Gate Park"
Bal Harbour Village Regular Council Meeting Minutes - November 22, 2016 Pag 16
The meeting was adjourned at 8:16 PM
Gabriel Groisman
Dwight $anie, Village Clerk
END OF REGULAR AGENDA
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Bal Harbour Village Regular Council Meeting Minutes — November 22, 2016 l 7