HomeMy Public PortalAbout2017-11-21 Regular MeetingBAL HARBOUR
- VILLAGE -
Mayor Gabriel Groisman
Assistant Mayor Seth E. Salver
Councilman David J. Albaum
Councilwoman Patricia Cohen
Councilman Jeffrey P. Freimark
Village Manager Jorge M. Gonzalez
Village Clerk Dwight S. Danie
Village Attorneys Weiss Serota
Helfman Cole & Bierman, P.L.
Bal Harbour Village Council
Regular Meeting Minutes
November 21, 2017
At 7:00 PM
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 7:06 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
Susan L. Trevarthen, Village Attorney
Stephanie Marquez -Quintero, Deputy Village Clerk
The Pledge of Allegiance was led by Mayor Groisman.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
MOTION: A Motion to defer Agenda Item R5C from the Regular Council Meeting Agenda
and item LPA1 from the Local Planning Agency Agenda was moved by Mayor Gabriel
Groisman and seconded by Assistant Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote (5-0).
PRESENTATIONS AND AWARDS
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Approval of Minutes - October 24, 2017 Regular Council Meeting and Local
Planning Agency Meeting.
1
C7 - CONSENT AGENDA RESOLUTIONS
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH KELLY JANITORIAL
SYSTEMS, INC. FOR THE PROVISION OF JANITORIAL CLEANING SERVICES
AT VILLAGE FACILITIES IN THE AMOUNT NOT TO EXCEED THE ANNUAL
BUDGETARY ALLOCATION; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
(DEPARTMENT OF PARKS AND PUBLIC SPACES)
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING
OFFICIAL THAT THE PALACE CAFE APPLICATION TO THE STATE OF
FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO FOR
A 11C LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING
REGULATIONS.
(BUILDING DEPARTMENT)
MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor Seth
Salver and seconded by Councilman Jeffrey Freimark.
VOTE: The Consent Agenda was approved by unanimous voice vote (5-0).
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
CHAPTER 21 "ZONING," ARTICLE 11 1 "DISTRICT REGULATIONS," DIVISION 9
"RM-5 MULTIPLE FAMILY RESIDENTIAL DISTRICT," AND ARTICLE V "OFF-
STREET PARKING FACILITIES," OF THE CODE OF ORDINANCES IN ORDER
TO PROVIDE STANDARDS FOR GRANDFATHERED APARTMENT -HOTEL
USES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE,
CONFLICTS, FINDINGS, AND AN EFFECTIVE DATE. (Second Reading)
Mr. Gonzalez explained that the Resolution item R7A was a companion item and he
provided an overview of the project, the ordinance and the resolution adding that the
settlement agreement proffered $100,000 for Art in Public Places and $50,000 for a
security gate.
Mickey Marrero, Bercow Radell Fernandez & Larkin, representing Walter Fortuna and
Beach Haus Bal Harbour, challenge incorporate 50's style in modern development looking
at how to add elements and will bring to ARB. Councilwoman Cohen commented the look
could be more homogeneous with the surrounding neighborhood with superficial
modifications.
Bat Harbour Village Council Regular Meeting Minutes — November 21, 2017 Page 12
There was no public comment.
MOTION: A Motion to approve the ordinance on second reading was moved by
Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth Salver.
ROLL CALL:
ROLL CALL
Yes
No
Mayor Gabriel Groisman
X
Assistant Mayor Seth E. Salver
X
Councilman David J. Albaum
X
Councilwoman Patricia Cohen
X
Councilman Jeffrey P. Freimark
X
VOTE: The Ordinance passed on second reading by unanimous roll call vote (5-0).
R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE
VILLAGE'S COMPREHENSIVE PLAN BY ADOPTING THE EVALUATION AND
APPRAISAL BASED COMPREHENSIVE PLAN AMENDMENTS; PROVIDING
FOR SEVERABILITY, CONFLICTS, AND FOR AN EFFECTIVE DATE. (Second
Reading)
Mayor Groisman left the dais at 7:41 PM and returned a 7:50 PM. Mr. Gonzalez provided a
brief summary of the item commenting that some commitments in the development
agreement with the Bal Harbour Shops were subject to the changes in the Comprehensive
Plan. He stated that various agencies had commented but no objections were received so
attention was directed at addressing those comments. He stated that in following direction
from the Council policy changes were not incorporated.
Michael Miller, Village Planner, stated that the main parts of the Comprehensive Plan maps
and text had been updated and the water supply plan had been resubmitted. He stated
that since there were no objections, the next steps would be to transmit the document to
the Department of Economic Opportunity, after which a 45 -day response time could be
expected, followed by a 30 -day appeal, after which the amendments would become
effective.
Councilwoman Cohen disagreed that changing the language on R5B-299 from
"historically significant" to "historically designate" was a reversal in policy and proposed
that the language be left as it is.
Mr. Miller responded that the State uses a formula to determine what is historical whereas
significant could mean a structure has some architectural features, or the architect was
renowned, or somebody important lived in the structure.
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017
Page 13
Councilwoman Cohen inquired about an independent study that had been conducted for
the Village, to which Mr. Miller responded that the previous Council had accepted the
study, and it would be up to the local government to decide what to do with the study.
Councilwoman Cohen replied that the results of the study had not been addressed in
Council.
Mayor Groisman stated that EAR amendments addressed completely what had occurred
in the Village, that the question was, where does the Council want to apply protection, to
structures that have been designated historic through an objective process, or deemed
historic significant subjectively. He stated that he a government body should not encumber
personal property, nor should it stand in the way if the owner of the structured sought
historic designation.
Councilman Freimark asked how the language on page R5B-41 applied to the Quarzo to
which Mr. Miller replied that the language applied to commercial hotels, but the Quarzo
was an apartment/hotel.
Councilman Freimark then stated that the language on page R5B-146 stated that bicycling
was prohibited on sidewalks, which he believed was not, to which Mayor Groisman added
that State Law permits bicycling on sidewalks, asked that research be conducted to clarify
the issue. He added that the language on page R5B-277 regarding specialty shops not
found anywhere else in the County was incorrect.
Kent Harrison Robbins (242 NE 27th Street, Miami) addressed his concerns regarding the
traffic on 96th Street and the changing of the language from "historically significant" to
"historically designated."
Beth Berkowitz (10160 Collins Avenue) agreed with Mr. Robbins and commented that she
felt the loss of the Church by the Sea was tragic and did not want to see a repeat.
Daryl Payne (150 West Flagler, Miami - Stearns Weaver - representing Saks Fifth Avenue)
objected to the comprehensive plan amendments.
Dan Holder (24 Bal Bay Drive) agreed with Councilwoman Cohen regarding the
preservation of historically significant structures.
Stanley Tate (9999 Collins Avenue) commented that the destruction of the buildings on
the West side of Collins would create a canyon.
Mayor Groisman clarified that no buildings are under consideration for destruction and the
Village Charter limits the heights of buildings, requiring a public referendum to change.
Brian Mulheren (10245 Collins Avenue) commented that the buildings on the West side of
Collins are distinct and worth preserving.
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017 Pa g e 14
Irwin Shaab (9801 Collins Avenue) asked everyone to imagine what Miami Beach would
look like without historic preservation.
Penny Sepler (10275 Collins Avenue) commented that the issue is complex. She
commented that historic preservation process provides structure to what otherwise would
be a subjective process.
Ree Kelly (2000 Towerside Terrace, Miami Shores) commented that if there were errors in
the plan then there would be no harm in having public workshops.
David Paul (9801 Collins Avenue) stated that he lives facing Bal Cross Drive and asked if
they can they be doing commercial work on property designated residential.
Councilwoman Cohen proposed having community input before moving forward.
Councilman Freimark commented that he clearly agreed with have charrettes and town
hall meetings engaging the community for the purpose of developing a long-range plan,
but the EAR amendments do not compromise that process.
Mr. Miller clarified that the statements Mr. Payne had made regarding not incorporating
the 2010 amendments were false.
Mr. Gonzalez reiterated that per Council direction, only non -policy EAR -based
amendments were moving forward and that a series of public workshops would be
scheduled to address policy -base long-range plans.
MOTION: A Motion to approve on second reading the ordinance correcting the language
regarding bicycles on the beach (R5B-146) and specialty shops and anchor stores (R5B-
277) was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Seth
Salver.
ROLL CALL:
ROLL CALL
Yes
No
Mayor Gabriel Groisman
X
Assistant Mayor Seth E. Salver
X
Councilman David J. Albaum
X
Councilwoman Patricia Cohen
X
Councilman Jeffrey P. Freimark
X
VOTE: The Ordinance passed on second reading by roll call vote (4-1) with
Councilwoman Patricia Cohen voting against.
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017 Pa g e 15
R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
CHAPTER 21 "ZONING," ARTICLE II I "DISTRICT REGULATIONS," DIVISION
11 "B BUSINESS DISTRICT," SECTION 21-320 "TRAFFIC LEVEL; APPROVAL
OF TRAFFIC ANALYSIS" OF THE CODE OF ORDINANCES TO REMOVE
RESTRICTION ON ACCESS; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE, CONFLICTS, AND AN EFFECTIVE DATE. (First Reading)
Deferred.
R5D AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
DIVISION 2, "POLICE" IN ARTICLE IV "OFFICERS AND EMPLOYEES" OF
CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES IN
ORDER TO CREATE SECTION 2-112 "CONSIDERATION OF ANTI-SEMITISM
IN ENFORCING LAWS;" PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE, CONFLICTS, FINDINGS, AND AN EFFECTIVE DATE. (First Reading)
This item was heard at 7:09 PM. Mr. Gonzalez introduced the item sop consider whether
or not a hate crime. Mayor Groisman provided a brief history of the Anti-BDS ordinance
and the effect that it has had in the United States and worldwide. He stated that the
ordinance codifies the working definition of anti-Semitism defined by the US Department
of State and that it would not draw the line between criticism and anti-Semitism. He
described the letters that he had received from Congresswoman Ileana Ros-Lehtinen and
Congressman Carlos Curbelo in support of the issue and commending Bal Harbour for
being a leading voice.
Aviva Volgelstein, Director of Legal Initiatives for the Brandeis Center for Human Rights.
read a prepared testimony entitled "Before the Council of the Village of Bal Harbour
Hearing on Consideration of Anti-Semitism in Enforcing Laws, November 21, 2017".
Dr. Samuel Katz (10185 Collins Avenue) commended the Council for this timely initiative
addressing a free world problem.
Brian Mulheren (10245 Collins Avenue) commended the Council and urged the passage
of the ordinance.
Ree Kelly (2000 Towerside Terrace, Miami Shores) commended the Council and expressed
her feelings regarding the church located in the Bal Harbour Shops which she said is a
member of the BDS movement.
David Weisselburger (1060 Brickell Avenue) stated that there are limitations to freedom of
expression when the intent is anti-Semitism and that the new form of anti-Semitism is anti -
Zionism.
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017 Page 16
Assistant Mayor Salver thanked members of the audience for attending the meeting and
supporting the item and s
Mayor Groisman explained the urgency for placing the item on the agenda and asked for
there to be a procedural vote to allow consideration of the item.
MOTION: A Motion to allow a vote on the ordinance without first having a discussion item
placed on the agenda was moved by Mayor Gabriel Groisman and seconded by Assistant
Mayor Seth Salver.
Councilman Freimark asked for clarification of the procedure under the Council's rules of
order, to which Ms. Trevarthen replied that there is no written policy, but the proposed
procedure has been a custom of the Village.
VOTE: The Motion was approved by unanimous voice vote (5-0).
MOTION: A Motion to approve the ordinance on first was moved by Mayor Gabriel
Groisman and Seconded by Assistant M yor Seth.
ROLL CALL:
ROLL CALL
Yes
No
Mayor Gabriel Groisman
X
Assistant Mayor Seth E. Salver
X
Councilman David J. Albaum
X
Councilwoman Patricia Cohen
X
Councilman Jeffrey P. Freimark
X
VOTE: The Ordinance passed on first reading by unanimous roll call vote (5-0).
Councilman Freimark encouraged that Staff and Council review the balance of Village
Ordinances to ensure that like protections are in place for all groups subject to hate, so
that the Village is inclusive and not exclusive. There was a general consensus of agreement
from the Council.
Mayor Groisman announced that the second reading would at the December 13th
meeting of the Village Council beginning at 7:30 PM.
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA APPROVING A COMPLIANCE AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND BEACH HAUS BAL HARBOUR, LLC, TO RESOLVE
AN UNSAFE STRUCTURES CASE AND ACCEPTING A RELATED
Bat Harbour Village Council Regular Meeting Minutes — November 21, 2017 Pa g e 17
SETTLEMENT MEMORIALIZING CERTAIN RELATED IMPROVEMENTS AND
PROFFERS; PROVIDING NECESSARY AUTHORIZATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
(BUILDING DEPARTMENT)
This item was considered after Agenda Item R5A. There was no public comment and no
further Council discussion.
MOTION: A Motion to approve the ordinance on first was moved by Assistant Mayor Seth
Salver and Seconded by Councilman Jeffrey Freimark.
VOTE: The motion passed by unanimous voice vote (5-0).
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE SELECTION AND INSTALLATION OF THE
PROPOSED ART EXHIBITS ON THE BAL HARBOUR BEACH PATH;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
(TOURISM DEPARTMENT)
Mr. Gonzalez summarized the item providing a brief history of the installation of art on the
beach adding that he thought it was appropriate to bring the proposed 2018 installations
to the Council for consideration and ratification.
Claire Breukel (Village Curator) described the proposed exhibitions including "Reading
Women", "Jewish Treasures of the Caribbean", Burneshas ofAlbania", and "Andy Warhol:
Fantasy America" and the process and reasoning for selecting each exhibition.
There was no public comment.
Mayor Groisman asked what the thoughts are on the explanatory text accompanying the
Albania Exhibit, explaining that the art was beautiful, but the text could be conceived as
being a provocative political item.
Councilman Freimark commended Ms. Breukel and the Unscripted program. He agreed
with Mayor Groisman and expressed his concern about mixing politics and religion in the
current context of what is going on in the world. Ms. Breukel explained that the intent is to
tell a story without connecting to those ideas and not to provoke.
Councilwoman Cohen expressed her concern regarding censoring art and that she
respected the decisions of the Resort Tax Committee in its recommendation of these
programs to the Council.
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017 Pa g e 18
Kris Taplin (10275 Collins Avenue and Resort Tax Committee Chair) stated that he
respected the concerns raised, but in his experience, these exhibit, which he felt were not
very controversial, would generate positive PR, and were worth taking a little risk.
MOTION: A Motion to approve the proposed exhibits with direction to be sensitive
regarding the accompanying text was moved by Mayor Gabriel Groisman and seconded
by Assistant Mayor Seth Salver.
Beth Berkowitz (10160 Collins Avenue and Resort Tax Committee Member) stated that the
work that Ms. Breukel was doing with Unscripted was a phenomenal cultural project that
allowed Bal Harbour to stand above surrounding communities.
VOTE: the Motion passed by voice vote (4-1) with Councilman Freimark voting against.
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPOINTING A MEMBER TO THE ARCHITECTURAL REVIEW
BOARD; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
(VILLAGE MANAGER)
Councilwoman Cohen left the dais at 9:11 PM.
Mr. Gonzalez introduced the item and described the qualifications of Barry Miller,
Architect. Councilman Freimark asked if Mr. Miller had involved in any Bal Harbour Village
projects past or pending, to which Mr. Gonzalez replied that he was not aware of any.
There was no public comment.
MOTION: A Motion to approve the item was moved by Assistant Mayor Seth Salver and
seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (4-0) with Councilwoman Cohen
being absent from the dais.
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPOINTING MEMBERS TO SERVE AS A TRUSTEES ON THE
POLICE OFFICERS' RETIREMENT BOARD; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE
(VILLAGE MANAGER)
Bal Harbour Village Council Regular Meeting Minutes - November 21, 2017 Page 19
Mr. Gonzalez introduced the item explaining that the Council had ratified the election of
two members to the Board at the October Council Meeting, and before them now was an
item to appoint or reappoint two members. He provided the qualifications of Gerald Rosen
who had expressed interest in serving and recommended his appointment and the
reappointment of David Levin, then directing the two elected and two appointed members
to select a fifth member when the Board reconvenes.
There was no public comment.
MOTION: A Motion to appoint Gerald Rosen and David Levin was moved by Assistant
Mayor Seth Salver and seconded by Councilman Jeffrey Freimark.
VOTE: The Motion passed by unanimous voice vote (4-0) with Councilwoman Cohen
being absent from the dais.
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
Councilwoman Cohen returned to the dais at 9:20 PM
R9A Selection of Upcoming Meeting Dates
Mr. Gonzalez presented the item stating that the customary third Tuesday generally
worked for most months with the exception of September and the November Meeting
following the Induction Meeting.
After discussion, the Council agreed to consider moving the January meeting from the 16th
to the 30th, and the June meeting from the 19th to the 12th and take a closer look at the
September meeting date to accommodate the required budget hearings and holidays.
Mr. Gonzalez stated that he would present a resolution at the December 13th Council
meeting with the proposed changes.
R9B - PUBLIC COMMENT
The Public Comment was moved on the Agenda after the Village Manager's Report to
allow comment on the proposed modification to the Bal Harbour Shops site plan.
Howard Sipzner(9801 Collins Avenue) commented that he felt the proposed modifications
were not administrative
Ms. Trevarthen explained that the Village Code provides a list of actions that would trigger
site plan review or an amendment to the site plan, none of which were occurring.
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017 Pagel 10
Dan Holder (24 Bal Bay Drive) asked if the proposed changes to the site plan would affect
traffic counts to which Mr. Gonzalez replied that there would be no difference for eith
entrance. Mr. Holder then asked for assurance that night construction would not begin
until after the sound wall was up and that he would be given notice of charrettes regarding
the waterfront park.
Daryl Payne (150 West Flagler, Miami - Stearns Weaver - representing Saks Fifth Avenue)
objected to the site plan modifications moving forward saying that he did not have access
to the documents until this day. The Village Clerk clarified all documents were available in
two website locations when the Agenda was published a week prior they were made
available in a third website location this day.
Beth Berkowitz (10160 Collins Avenue) questioned how the curb cut between the Bal Cross
Drive and the Bal Harbour Shops and staging on a residential site (Fairfield property) came
to be since she could not find anything in the development agreement, to Mr. Gonzalez
read Construction Condition #2 of the development agreement.
Brian Mulheren (10245 Collins Avenue) asked about the sign on the construction site, and
stated that there was truck traffic on Collins Avenue to Mayor Groisman asked Mr. Gonzalez
to have the site inspected for compliance.
R10 - VILLAGE MANAGER REPORT
Manager's Report - Modification to Site Plan
Mr. Gonzalez presented the item indicated that the Bal Harbour Shops had proposed a
change that would consolidate two underground parking structures into one resulting in
moving construction further away from 96th Street and Collins Avenue without any changes
to the above -ground components. He said that those these changes could be done
administratively, for transparency purposes, he was presenting the item to the Council for
discussion and subsequent public comment.
Mayor Groisman asked Mr. Gonzalez, in response to David Paul's earlier comments, to
evaluate the work being done on the Fairfield site including whether or not the fence was
in compliance.
Mr. Gonzalez then provided an update on the status of the sound wall.
R11 - VILLAGE CLERK REPORT
Lobbyist Report
Bat Harbour Village Council Regular Meeting Minutes — November 21, 2017 Page 1 11
R12 - VILLAGE ATTORNEY REPORT
Ms. Trevarthen announced Attorney/Client sessions for Case Numbers 2016-269 AP1
Flamingo Way vs. Bal Harbour Village and 2015-6568 CA30 Bal Harbour Yacht Club and
Flamingo Way vs. Bal Harbour Village.
Mayor Groisman provided an brief update of ongoing negotiations with Weiss Serota for
the provision of legal services to the Village, saying that he expected to have an item on
the December 13`h Agenda.
END OF REGULAR AGENDA
ADJOURNMENT- The meeting was adjourned at 9:47 PM.
Attest:
Dwic htt ante, Village Clerk
r Gabriel Groisman
Bal Harbour Village Council Regular Meeting Minutes — November 21, 2017 P age] 12