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HomeMy Public PortalAbout2016-12-20 Regular MeetingBAL HARBOUR Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilwoman Patricia Cohen Councilman Jeffrey P. Freimark - VILLAGE - VILLAGE COUNCIL REGULAR MEETING MINUTES DECEMBER 20, 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 7:03 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, Deputy Village Clerk The Pledge of Allegiance was led by Councilman Albaum. Mayor Groisman gave recognition to the terroris attacks that occurred the day prior (in Germany, Turkey, and Switzerland). REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Councilman Albaum requested the deferral of R9B to the January meeting. Councilwoman Cohen requested leaving the item on the Agenda. Mayor Groisman requested a deferral of R9A. PRESENTATIONS AND AWARDS Government Finance Officers Association Award Recognition of the heroic act of a young Bal Harbour Resident; Joseph Levy (7:34 PM) REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6 - COUNCIL MINUTES C6A November 21, 2016 Induction Meeting C6B November 22, 2016 Regular Council Meeting C7 -CONSENT AGENDA RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND CALVIN, GIORDANO & ASSOCIATES, INC. INCREASING THE ANNUAL FEE BY $6,500 PER YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (INFORMATION TECHNOLOGY) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE BAL HARBOUR VILLAGE CODE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (POLICE DEPARTMENT) MOTION: A motion to approve the Consent Agenda was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Salver. 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 Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 DISCONTINUATION OF PLAN"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. (Second Reading) (VILLAGE MANGER) Mr. Gonzalez summarized the item Sepedeh "Sepi" Tofigh (Holland & Knight) provided a brief summary of the changes updates. There was no public comment. A MOTION to approve the ordinance was Moved by Councilman Seth Salver and Seconded by Councilwoman Patricial Cohen. VOTE: The Motion passed Second Reading 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; APPROVING THE RANKING OF THE AUDIT FIRMS AND AWARDING REQUEST FOR PROPOSAL NO. 2016-03, "INDEPENDENT AUDIT SERVICES"; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE FIRST RANKED FIRM, RSM US LLP, FOR AN INITIAL TERM OF TWO YEARS, WITH THREE ADDITIONAL ONE-YEAR RENEWAL OPTIONS, TO PERFORM AN INDEPENDENT AUDIT AND EXPRESS AN OPINION ON THE VILLAGE'S FINANCIAL STATEMENTS AS REQUIRED BY FLORIDA STATUTES, IN AN AMOUNT NOT -TO -EXCEED $91,000; AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT WITH THE SECOND RANKED FIRM, CHERRY BEKAERT, LLP OR THE THIRD RANKED FIRM, MARCUM, LLP, IN THE EVENT AN AGREEMENT CANNOT BE REACHED WITH THE FIRST RANKED FIRM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez summarized the item explaining that, following State Statute, the Village conducted an RFP process, upon which the Ad Hod Audit Committee reviewed and ranked qualified firms, indicating that the top ranked firm, RSM US LLP, was present in the Chamber to answer any questions. Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 Raj Singh, Ad Hoc Audit Committee Chair, recognized and thanked members of the Ad Hoc Audit Committee. Mr. Gonzalez added that the change of auditor was not a performance issue. Councilwoman Cohen asked what the average length of time that an audit firm would remain with a municipality, to which Mr. Gonzalez responded that a 5-year engagement was ususal. Assistant Mayor Salver commented that, from his experience in accounting, RSM is an excellent firm. Councilman Freimark asked questions regarding the scope of the audit and whether or not individual funds, (i.e. Resort Tax) would woud have a separate audit, with separate reports, to which Don Feldman (RSM) replied that there would be a report issued as part of the CAFR, and that funds within the CAFR would have a separate section in the report, and would have their own audit procedures. There was no public comment. MOTION: A motion to approve the resolution was moved by Assistant Mayor 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; SETTING COUNCIL MEETING DATES FOR THE 2017 CALENDAR YEAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mr. Gonzalez summarized the item explaining that traditionally, the Council meets on the third Tuesday of every month (except August) and factoring in holidays, his proposal was to move the meetings in April and December, and to amend the resolution to move the October meeting to October 24, in concurrence with the discussion held during the November 22, 2016 Council meeting. MOTION: A motion to approve the resolution as amended was moved by Councilman Jeffrey Freimark and seconded by Assistant Mayor Salver. VOTE: the motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING MEMBERS TO THE VILLAGE ARCHITECTURAL REVIEW BOARD; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 I Village Manager Jorge M. Gonzalez summarized the item explaining the requirements of the Village Code for the composition of the Board. He commented that all existing Board members had expressed an interest in remaining on the Board expcept for Boardmember Jaya Zebede. Councilman Albaum nominated Timothy Schrock, a licensed architect and resident of Bal Harbour for the vacant position. Mayor Groisman suggested sending a thank -you letter to Ms. Zebede for her service on the Board. Babak Raheb (128 Balfour Drive) asked if Mr. Schrock had done any work for the Bal Harbour Shops, to which Councilman Albaum replied that he believed he had not. Amy Hubert (Shubin & Bass), off microphone, also stated that he not. Mr. Gonzalez read the names of the proposed five members: Stephanie de Halfen, James Howell, Jaime Schapiro, Christopher Cawley and Timothy Schrock. MOTION: A motion to approve the resolution was moved by Assistant Mayor Salver and seconded by Councilman Jeffrey Freimark. VOTE: the motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING CYNTHIA BOYETT, MARKETING DIRECTOR OF SALES AND MARKETING OF THE RITZ-CARLTON BAL HARBOUR AND NIKOLAI URSIN, MARKETING MANAGER OF THE ST. REGIS BAL HARBOUR RESORT TO THE TWO CURRENT VACANT SEATS ON THE RESORT TAX COMMITTEE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mr. Gonzalez summarized the item explaining the Village Code requirements for Committee compostion. Councilwoman Cohen commented that the representation of the hotels on the Committee was important, but due to work constraints, they were often absent. Mayor Grosiman stated that he is planning to meet with the hotels and would stress the importance of their participation. Assistant Village Manager Ramiro lnguanzo clarified that the Council had previously approved that the hotels members could have alternates, to which Councilwoman Cohen added that the alternates have also been absent. Mayor Groisman stated that he would stress that hotel participation would be a priority. Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 I MOTION: A motion to approve the resolution was moved by Assistant Mayor Salver and seconded by Councilman Jeffrey Freimark. VOTE: the motion passed by unanimous voice vote (5-0). Mr. Gonzalez read the names of the direct appointments for the Resort Tax Committee and the Budget Advisory Committee that are listed in the Village Clerk's report. R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING DISBURSEMENT OF VILLAGE GENERAL EMPLOYEE, VILLAGE CLERK, AND VILLAGE MANAGER PERFORMANCE BONUSES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Mayor Groisman introduced the item. Assistant Mayor Salver praised the contributions of the Village Manger and the Village Clerk and proposed a 5 to 7.5% raise for the the Village Manager, to which Councilman Albaum agreed that with a 7.5% raise. Councilman Freimark commented the he had researched the marketplace and comps with other communities. for the Manger and the Clerk and that he agreed with a 7.5% raise for the Manager. Mayor Groisman concurred. Assistant Mayor Salver praised the contributions of the Village Clerk and proposed a 7.5 and 10% increase in salary, to which Mayor Groisman concurred and proposed and increase of 10%. Councilman Freimark stated that he was supportive of the 10% increase, and added his support for increased utilization of technology for Clerk services. Councilman Albaum concurred. Councilwoman Cohen concurred with performance of the Clerk, especially in his participation in complying with extraordinary public records requests. She commented that consideration should be given to the size of Bal Harbour Village compared to other communities. Councilman Freimak added that the complexities of the requirements of the Village Manager and the Village Clerk are still present and staff size is smaller. Councilman Albaum added that the workload is heavier in smaller communities. Mayor Groisman asked for comments from the Council for the bonuses. Babak Raheb (128 Balfour Drive) asked for clarification of the current salaries of the Manager and the Clerk. Mr. Gonzalez stated the current salaries of the Manager ($201,000) and the Clerk ($100,000). Steve Greenburg (9930 Collins Ave.) commented that Councilmembers should also receive a raise. Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 Assistant Mayor Salver clarified that this item also the performance bonuses of all Village employees to which Mr. Gonzalez acknowledged all Village employees fortheir contributions and excellence. Village Manager Jorge M. Gonzalez commented that the anniversary date of the Clerk was July 15 and suggested that the Council consider making the increase in salary retroactive. MOTION: A motion to approve a 7.5% raise and 5.0% bonus for the Village Manager was moved my Mayor Groisman and seconded by Councilman Freimark. VOTE: the motion passed by unanimous voice vote (5-0). MOTION: A motion to approve a raise of 12% and a 5.0% bonus for the Village Clerk was moved by Mayor Groisman and seconded by Councilman Jeffrey Freimark. VOTE: the motion passed by unanimous voice vote (5-0). MOTION: A motion to approve the resolution as amended was moved by Assistant Mayor Salver and seconded by Councilman Jeffrey Freimark. VOTE: the motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION Mayor Groisman explained the procedures of this section of the agenda, explaining that no action will be taken on agenda items unless otherwise moved to the agenda by the Council. He stated that public comment will be taken at the end of the agenda section. R9A Discussion regarding participating in funding a new family park in Haulover, along with our neighboring municipalities. (DEFERRED) (MAYOR GABRIEL GROISMAN) R9B Discussion regarding Kent Harrison Robbins' legal fees (COUNCILMAN DAVID ALBAUM) Councilwoman Cohen introduced the item and suggested that her attorney, Kent Harrison Robbins, explain the legal costs. Kent Harrison Robins provided and explanation the litigation concerning the Village and Councilwomen Cohen and the work that he and his firm had done. Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 R9C Discussion regarding Village efforts on beach erosion (COUNCILMAN JEFFREY P. FREIMARK) Councilman Freimark introduced the item commenting that there has been significant erosion of the beach since Hurricane Mathew and brought the item to the Council to discuss what remediation efforts and long term efforts could be utilized by the Village and the Federal Government. Village Manager Jorge M. Gonzalez described the dynamics and political challenges involving the Miami -Dade County, the State of Florida, the Federal Government and beach communities, commenting that the current replenishment project is County -led. He the suggested having a representative from the County provide an update on their master plan to the Council Councilwoman Cohen commented that the impact of these projects these project is short-lived and that similar controversies are occurring on both coasts of the United States. There was a general consensus from the Council to have a County representive provide and update to the Council. R9D Discussion regarding beach lifeguards program (COUNCILMAN JEFFREY P. FREIMARK) Councilman Freimark introduced the item. Mayor Groisman commented that he had met with County officials in charge of lifeguard projects, that it is an economics question and whether or not people are interested. Councilman Freimark agreed that he would like to explore the issue and understand the costs. Councilman Albaum suggested inviting the County official to the Council. Mr. Gonzalez commented thatthis was a two-way liability issue and added that a public attraction was created the more that is provided for public. He commentetd that policy issues include coverate, staffing and costs. Mayor Groisman added that hotel participation would also be a consideration. There was a general concensus from the Council to have the Manager explore these policy issues and bring them back to the Council in a public forum. R9E Discussion regarding noticing of zoning matters (COUNCILWOMAN PATRICIA COHEN) Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 l8 Councilwoman Cohen introduced the item and provide examples of public notices of zoning issues in other municipalities and proposed that the Village should explore using more visible public notices for zoning matters. Village Manager Jorge M. Gonzalez described notices required by ordinances and courtesy notices and suggested that Village Attorney explore draft requirements that would differentiate between single family projects and larger projects. R9F Discussion regarding the process for the petitions filed by the committee "Good Government for Bal Harbour" (COUNCILWOMAN PATRICIA COHEN) Councilwoman Cohen introduced the item. The Village Clerk provided a brief summary of the process to date. Mayor Groisman added that the decision was regarding the validity of the petitions was the responsibility of the Village Clerk as the Village election official. *** Assitant Mayor Salver described current traffic light problems at Harbour Way East road. Mayor Groisman added that Harbour Way West was also an issue. Mr. Gonzalez stated that he would explore the issues and report back to the Council. R9G Public Comment Ree Kelly stated that her legal domicile is 77 Camden Drive and commented she found the discussion of legal fees to defend the Councilwomen was aggregious. She asked who is paying for the Shop's legal fees. Babak Raheb (128 Balfour Drive) asked Mayor Groisman about his position regarding the lawsuit between the Village and his father-in-law. He then stated that Councilman Freimark and Councilman Albaum should recuse themselves in issue related to the Shops. He then stated that he was opposed to lifeguards. Mayor Groisman commented that no action was taken, and that the discussion regarding the lifeguards would come before the Council in a public forum. Martha Cox (80 Park Drive ) provided a recording of noise (drilling) coming from the Bal Harbour Shops in the middle of the night. Mayor Groisman provided his contact information to Ms. Cox and asked her to contact that the next time the noise occurs. David Paul (9801 Collins Ave) describe his experience on the Public Health Trust and commented that the community would back Councilwoman Cohen actions taken Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 19 against her in her official capacity and suggested that the Village should explore personal liability insurance. Matthew Lazenby (Bal Harbour Shops) expressed to Ms. Cox that he would be happy to meet with her to resolve noise issues. He then stated that he would be ask the Council to determine if the sale of Village Hall is in the best interest of the Village, and that he would be submitting a new proposal. Orly Alexander (240 Bal Bay Drive) stated that the Village should not consider doing business with the Shops until litigation was resolved and that she was supportive of the attorney fees for Councilwoman Cohen. Lynn Bloch -Mullen (10150 Collins Ave) commented that the sale of Village Hall was not good for Bal Harbour. Steve Greenburg ( 9930 Collins Ave) stated that he would volunteer his services in creating a Village basketball league and that he would like to see the waterfront propery utilized for adult services and the residents of the Village. Mayor Groisman commented he had followed up on the the creation of the leagues and that discussions have begun regarding the utilization of the waterfront building.. Daniel Holder (24 Bal Bay Dr.) objected to the way the meeting is being conducted. He commented that the lawsuit by the Shops was an attempt to control the Council. The stated that the ordinance to allow night work at the Shops was not intended for heavy construction. He objected to the sale of Village Hall. He commented that the lifeguard study should include bathrooms/changing rooms. Brian Mulheren (10245 Collins Ave.) objected to the way the meeting was being conducted. He described his work with the County regarding beach erosion. He commended Chief Mark Overton's idea of using reserve/part-time officers to patrol the beach. He then questioned the costs of the Village Attorney and suggested having in- house counsel. He objected to the Sale of Village Hall. Mark Fisher (284 Bal Bay Drive) suggested recovering the costs of litigation. He then volunteered to help procure basketball uniforms. Raj Singh (53 Camden Dr.) speaking as the manager of the Seaview Hotel discussed liability issues with beach lifeguards. He stated that he also reported the night noise at the Bal Harbour Shops. He said that he had previously requested records regarding the tourism director and the interchange between the hotels and that he was re - requesting them if they were available. Joe lmbesi (1675 Lands End Rd) commented that Bal Harbour would not be the same without the Shops and the the two new members were elected Village residents, not the Shops and the Whitman family. Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 110 Rose Schriver (10155 Collins Ave) commented that the Village should counter -sue the Shops. She also stated that she was against lifeguards. R1 O - VILLAGE MANAGER REPORT R1 OA (VILLAGE MANAGER) Mr. Gonzalez described the cancelation of the 70th Year Anniversary event due to weather to which Mr. Inguanzo described the insurance policy the Village had purchased. He described the level enthusiasm for the event and the tentative rescheduling of the event for Sunday, February 12. Councilman Freimark asked about the status of the insurance claim to which Mr. Inguanzo commented that the adjusters were looking at actual costs incurred associated with production costs (approximatlely $100,000 with the insurance cost being around $3,000). Mr. Gonzalez the asked Mr. lnguano to describe the procedures being undertaken to provide key fobs to residents for beach path access to the south of Oceana to which Mr. Inguanzo commented that the fobs should arrive soon and that a procedures are in place for activation and delivery to residents. Mayor Groisman inquired about the water fountain that are to be installed, to which Mr. Gonzalez and John Oldenburg (Director of Parks and Public Spaces) described the cooled water fountains to be installed. R1 1 - VILLAGE CLERK REPORT R1 1A Village Lobbyist Registration Report (VILLAGE CLERK) R11 B Village Council Direct Appointments to Boards and Committees (VILLAGE CLERK) Resort Tax Committee Mayor Gabriel Groisman Kris Taplin Assistant Mayor Seth Salver Rose Schreiber Councilman David Albaum Elsie Howard Councilwoman Patricia Cohen Beth Berkowitz Councilman Jeffrey Freimark pending Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 - 111 Budget Advisory Committee/Ad Hoc Audit Committee Mayor Gabriel Groisman Jose Biton Assistant Mayor Seth Salver Gerald Rosen Councilman David Albaum Raymond Slate Councilwoman Patricia Cohen Raj Singh Councilman Jeffrey Freimark pending R1 2 - VILLAGE ATTORNEY REPORT R1 2A Kent Harrison Robbins legal fees update Ms. Trevarthen announced that executive sessions would be scheduled for: 16-5646CA23 - Bal Harbour Shops v. Bal Harbour Village; 16-18499CA09 - Bal Harbour Shops v. Bal Harbour Village and Patricia Cohen; 15-6568CA30 - Bal Harbour Yacht Club and Flamingo Way Ent. v. Bal Harbour Village; and 16-269AE - Flamingo Way Ent. v. Bal Harbour Village. The meeting was adjourned at 9:39 PM END OF REGULAR AGENDA Attest: Dwight S. Danie, Village Clerk r Gabriel Groisman Bal Harbour Village Regular Council Meeting Minutes— December 20, 2016 112