HomeMy Public PortalAbout2017-01-17 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
JANUARY 17, 2017
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 7:01 PM.
The following were present:
Mayor Gabriel Groisman
Assistant Mayor Seth Salver
Councilman David Albaum
Councilwoman Patricia Cohen
The following were not present:
Councilman Jeffrey Freimark
Also present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Jay Weiss, Village Attorney
Stephanie Marquez, Deputy Village Clerk
The Pledge of Allegiance was led by Mayor Groisman.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Mayor Goisman withdrew the discussion item R1A, stating that Whitman Family
Development had withdrawn their proposal to purchase Village Hall and had
submitted a new set of expansion plans at a Friday meeting (Jan. 13, 2017). He stated
that, at that meeting, he had stressed that the ongoing litigation between the Village
and the Shops was a deterrent and needed to be dropped, and that priorto this night's
meeting, the Village had received a settlement offer.
Councilman Albaum withdrew discussion item R9C and Mr. Gonzalez related
Councilman Freimark's wish to withdraw discussion item R9A.
Councilwoman Cohen asked at what time the letter from the Shops was received,
stating that the community should be adequately noticed so as not to waste their time.
Mayor Groisman stated that he had received inquiries from the public and the press
prior to the Council meeting regarding concerns of a possible vote, to which he had
responded that the item on the Agenda was clearly a discussion item, and not a voting
item.
PRESENTATIONS AND AWARDS
Commendation to St. Regis Bal Harbour employees for life-saving actions.
Miguel De La Rosa, Acting Chief of Police, recognized Isaac Chavez and Steven
Weismann, employees of the St. Regis Hotel, for their life-saving actions provided
involving a hotel guest.
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
Mayor Groisman asked for item C7A of the Consent Agenda be pulled for discussion.
C6 - COUNCIL MINUTES
C6A December 20, 2016 Regular Council Meeting
Councilwoman Cohen left the dais (7:14 PM).
MOTION: A motion to approve the minutes was moved by Assistant Mayor Seth
Salver and seconded by Mayor Gabriel Groisman.
VOTE: The motion passed by unanimous voice vote (3-0), with Councilwoman Cohen
not present.
C7 - RESOLUTIONS (this item was discussed at 7:48 PM)
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; RATIFYING THE EXPENDITURE OF $56,324.97 TO PURCHASE
AND INSTALL NEW ENGINES FOR THE POLICE MARINE PATROL BOAT;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE
DATE.
(POLICE DEPARTMENT)
Bal Harbour Village Regular Council Meeting Agenda —January 17, 2017
I2
Acting Chief De La Rosa explained that he made the decision to purchase the engine
which had been approved through the Budget Committee. Mr. Gonzalez added that
the expenditure need to be ratified by the Council because it had exceeded the
$20,000 limit.
Mayor Groisman asked what processes are in place forthe expenditure State Forfeiture
dollars, to which Mr. Gonzalez replied that the expenditures are reviewed through the
budget process and legal review, then the Chief of Police needs to sign a sworn
affidavit that the expenditure was appropriate and legitimate and ultimately the
Council needs to approve expenditures exceeding $20,000.
A general discussion ensued regarding the past expenditures Federal Law
Enforcement Trust Fund and State Forfeiture dollars with a recommendation to review
the Village Code and suggest policies and procedures moving forward.
Councilwoman Cohen stated that, in the past, the Legal Department had reviewed all
the expenditures and that somehow it all fell through the cracks, to which Mr. Weiss
corrected the record, stating that majority of expenditures were never presented to the
Legal Department or the Council, even after memorandum explaining the appropriate
use of forfeiture funds was read into the public record.
Mr. Gonzalez explained that the Village currently does not participate in the Federal
Law Enforcement Trust Fund program and suggested that all expenditures from the
State Forfeiture program might be approved by the Council.
Mayor Groisman asked Mr. Weiss to distribute the current procedures and for all
members of the Council and the public to review for possible amendments.
There was no public comment.
MOTION: A motion to approve the resolution was moved by Assistant Mayor Seth
Salver and seconded by Councilwoman Patricia Cohen.
VOTE: The motion passed by unanimous voice vote (4-0).
R1 Bal Harbour Shops Expansion Project
R1A Letter from Mathew Lazenby regarding an offer for Village Hall.
(withdrawn)
(VILLAGE MANAGER)
R1 B Update on the "Good Government For Bal Harbour" petition process
(VILLAGE CLERK)
Bal Harbour Village Regular Council Meeting Agenda —January 17, 2017
Councilwoman Cohen returned to the dais at 7:16 PM.
The Village Clerk read the memorandum that he had written to the Village Council and
had placed into the agenda, stating that the primary reason he had deemed the
petitions filed by the committee "Good Government for Bal Harbour" to be insufficient,
is that they lacked an Affidavit of Circulator, that by custom and past practice (and as a
best practice), the Village has required on all filed petitions.
Mr. Weiss advised the Council to refrain from commenting on the Village Clerk's
decision, in that having spoken with the Committee's attorney, there is a good chance
that it would be litigated.
Mayor Groisman asked Mr. Weiss to clarify the Council's role, to which Mr. Weiss
responded that the Clerk, acting as the Village's Supervisor of Elections, had made his
determination and that the appropriate place to address issues with the petition would
be in the courts.
Juan -Carlos Planas introduced himself as the attorney representing the committee
"Good Government of Bal Harbour." He stated that the Village Clerk made a legal
determination that the certificate of circulator was required by the Village Charter. He
then stated that the code and the charter are silent regarding Charter amendment, so
the State Statute applies. He stated that it was only after the law firm Shubin & Bass
commented that the Miami -Dade County Charter applies, that the Village Clerk made
his determination and that after the petitions were filed with the Clerk, he did not
comment on the lack of the certificate of the circulator. He stated that it this is always
a case of statutory interpretation and conflict of laws and that it is something attorneys
enjoy doing when getting involved in municipal government, to which Mr. Weiss
clarified that he never enjoys when the Village gets sued.
Mr. Planas then stated that we would be filing a "dec action" against the "city." He then
responded to Councilwomen Cohen that "they" made him register as a lobbyist, and
that he would be willing to meet with her, to which Mayor Groisman replied that he was
required by law to register as a lobbyist.
Councilwomen Cohen asked if the Council had the power to overrule the Village Clerk,
to which Mr. Weiss stated that it would be a matter for the courts to decide.
Daniel Holder (24 Bal Bay Dr.) stated that a best practice should not negate the petition
and stated that it is unfortunate that this petition has been turned down.
Brian Mulheren (10245 Collins Ave.) stated that the petitions were submitted to the
Village Clerk and that the Clerk never told the committee what to do.
Mr. Planas stated that until he receives official notice of the rejection of the petitions
that he has ten days to cure. The Village Clerk responded that he had sent the notice
via email to the committee chair.
Bal Harbour Village Regular Council Meeting Agenda —January 17, 2017 - 1 4
Mr. Planas then stated that he mailed out all the petitions and received them all back,
that he is the one circulator, and that he should be able to provide an affidavit of
circulator for all of the petitions. Mayor Groisman responded that if Mr. Planas is right,
then he should have nothing to complain about.
Councilwoman Cohen asked if Mr. Planas' suggestion was a viable option to which Mr.
Weiss reiterated that the Village Clerk's decision was based on precedent and not the
issues that Mr. Planas had raised.
R5 - ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING
THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING
CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" AMENDING
PERMIT AND PROCESSING FEES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE. (First Reading)
(BUILDING DEPARTMENT)
Mr. Gonzalez summarized the item explaining that this item fixes issues with the Village
Code relative to the Council's authorization for the budget and previous references to
the South Florida Building Code.
There was no public comment.
MOTION: A motion to approve the ordinance was made by Assistant Mayor Salver
seconded by Mayor Groisman.
VOTE: The motion passed by roll call vote (4-0)
ROLL CALL
Yes
No
Councilman David J. Albaum
X
Councilwoman Patricia Cohen
X
Councilman Jeffrey P. Freimark
----
Mayor Gabriel Groisman
X
Assistant Mayor Seth E. Salver
X
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH THE CITY OF MIAMI
BEACH TO PROVIDE SEWAGE CONVEYANCE SERVICES FOR AN
INITIAL FIVE YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO
RENEW THE AGREEMENT FOR SUBSEQUENT FIVE YEAR PERIODS AS
Bal Harbour Village Regular Council Meeting Agenda —January 17, 2017 -; - 15
REQUIRED; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
(DEPARTMENT OF PARKS AND PUBLIC SPACES)
Mr. Gonzalez summarized the item describing the flow of sewage to Virginia Key and
explaining that there had not been an agreement with Miami Beach since 1979 for this
pass -through service. He stated that the Council authorized an installation of a new
pump meter at the SunTrust to measure actual flow from the Village, and now, this item
would ensure a legitimate contract with Miami -Beach for this service.
Mayor Groisman clarified that the fee would be for the cost of service, plus 1.5 percent,
to which Mr. Gonzalez described the administrative usage fee to be passed to Village
residents. Mr. Gonzalez stated that cost was based on rate studies for utilizing the
pipes, which are owned by Miami -Dade County.
Mr. Oldenburg (Director of Parks and Public Spaces) stated that this item lays out a
methodology to settle disagreements on bills to establish appropriate fees.
Mayor Groisman commented that the agreement includes a bill of sale where we are
selling the improvements, but the improvement is blank in the agreement, to which Mr.
Oldenburg stated that it would be clarified before the agreement is executed.
Neil Alter (9801 Collins Ave.) asked if there could be an add -on charged to the Oceana
to cover the incremental costs due to the resulting increased flow when it comes on
line, to which Mr. Gonzalez replied that the Village cannot charge incremental rates,
but that the rates can be changed during the next budget cycle.
MOTION: A motion to approve the resolution with an amendment that the bill of sale
is only the meter was moved by Assistant Mayor Seth Salver and seconded by
Councilwoman Patricia Cohen.
VOTE: The motion passed by unanimous voice vote (4-0).
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
Mayor Groisman introduced this section of the Agenda, reiterating that the items listed
were for discussion only and that public comment would be heard at the end of the
section.
R9A Discussion regarding Village efforts on beach erosion. (withdrawn)
(COUNCILMAN JEFFREY P. FREIMARK)
Bal Harbour Village Regular Council Meeting Agenda — January 17, 2017
R9B Discussion regarding Village providing beach equipment for residents
wishing to access the beach from the new beach access point.
(ASSISTANT MAYOR SETH SALVER)
Assistant Mayor Salver introduced the item as minimal expenditure that would an
enhancement enjoyment of the beach by Village residents. There was a general
consensus by the Council that this would be beneficial to residents and that the details
and logistics should be explored, with regard to perceived property rights, to which
Assistant Mayor Salver agreed to take the lead.
R9C Discussion regarding Kent Harrison Robbins legal fees. (withdrawn)
(COUNCILMAN DAVID ALBAUM)
R9D Discussion regarding the aesthetics/appearance of rooftops on buildings
located on the west -side of Collins Avenue.
(COUNCILWOMAN PATRICIA COHEN)
Councilwoman Cohen introduced the item providing examples of current conditions adding
that there are myriad opportunities to improve and enhance the appearance. Mayor Groisman
suggested beginning with reviewing and enforcing the current ordinances in place and then
explore enhancements to the code. He then suggested that a second option to offer
enhancements should be explored. Mr. Gonzalez added that a structural review should be
included. Councilwoman Cohen agreed to take the lead.
R9E Public Comment
Ree Kelly stated that her residence was 906 South Wabash, Chicago Illinois, then stated that
she is a resident of Bal Harbour and that she currently owns the property located at 77 Camden
Drive. She stated that the Shops had, by contract, offered $10 million dollars to the Bal Moral
in exchange for votes, and, that that constituted a bribe.
Irwin Shaab (9801 Collins Ave.) stated that he is a resident of the Bal Moral and takes umbrage
with the use of the term "bribe". He stated that dollars were intended for mitigation purposes
and that if accusations of wrongdoing continue, the Bal Moral may be forced to take legal
action against the accusers.
Mayor Groisman announced to the members of the the public that the Village Council meeting
is not the appropriate forum to threaten suing each other.
Buzzy Sklar (10275 Collins Ave.) stated that the Village Council, in regards to the Shops, is in a
place of power and cannot accept a lesser offer in negotiations.
Orly Alexander (248 Bal Bay Drive) asked if Village Hall was for sale to which Mayor Groisman
replied that any entity can make an offer, but it must go in front of the Council to determine if
were in the best interest of the Village, then proceed to a public referendum.
Bal Harbour Village Regular Council Meeting Agenda — January 17, 2017
David Paul (9801 Collins Ave) commented that statistics from the National Council of Shopping
Centers indicates that box stores are changing spacing due to online purchasing. He asked
what type of shopping center to we want for this community and whether or not it would be
appropriate for the community.
Councilwoman Cohen agreed with Mr. Paul and recommended that the Village should
undertake this kind of assessment.
Steve Greenberg (9999 Collins Ave) inquired about the status of the crosswalk. He then
suggested that the Village could have a mini Five -Star Camp.
Mark Fisher (284 Bal Bay Dr.) commented that Richard Perry of Perry Capital is a major
shareholder of Barney's and although he does not know the status of Barney's, its status may
have an impact on the Shops redesign as might the implementation of a destination tax.
Sarah Sheridan (160 Bal Cross) commented that the idea of the rooftops should also be
extended to the east side of Collins Avenue, to which Mayor Groisman agreed and asked the
Village Attorney to include the east side in his research.
Daniel Holder (24 Bal Bay Dr.) commented that the trends indicated that shopping centers are
also becoming entertainment centers and stated that we must guard against that option. He
cautioned that the maintenance of beach furniture could be complicated and spoke against
expansion of the park.
Brian Mulheren (10245 Collins Ave.) commented that Resort Tax income is way down and we
should that under consideration when thinking about the Shops. He then inquired when beach
access at the Oceana would be open to the public. He also commented that beach erosion is
a problem that should be addressed.
Penny Sepler (10275 Collins Ave.) thanked the Mayor for his holiday letter then asked about
the status of the Quarzo. Mr. Gonzalez explained that the Quarzo does not have an active
building permit and that the Village has begun unsafe structure proceedings, and that they are
current on all their fees.
Ms. Sepler then commented that the day of the Election, she had two people say to her that
the petition would give them a say in the sale of Village Hall, that they were not told what they
were signing.
Acting Police Chief De La Rosa described the status of the crosswalk on 99th Street.
Councilwoman Cohen commented that the sample crosswalk located next to Village Hall is
unsightly in that it is flashing all the time. A general discussion ensued regarding the need for
safety and the possibility utilizing enhanced lighting options.
John Oldenburg provided a verbal report on the status of the sewage project. He described
the work completed on street lights and the planned replacement of a transformer. He
commented February 3rd is the planned date for the final lift of asphalt and that the project is
planned to be completely finished by the end of March. Mayor Groisman asked that the
opening of primary Exit Gate be given priority.
Bal Harbour Village Regular Council Meeting Agenda — January 17, 2017
Shlomy Alexander (248 Bal Bay Drive) asked about the landscape design upon completion of
the project, after which a general discussion ensued regarding the replacement of what had
been there versus enhanced landscaping.
R1 0 - VILLAGE MANAGER REPORT
R1 OA Update on the Information Technology Masterplan
(VILLAGE MANAGER)
Mr. Gonzalez introduced the item, describing recent improvements in the upgrading of Village
technology and the implementation of a Technology Masterplan, including the upgrading of
the VOIP phone system, the financial system, an automatic vehicle locater system, a permitting
system (SmartGov) and computer aided dispatch system, the Village's mobil App and the
Village's website.
Chanelle Pough, Management Services Administrator provide a walkthrough demonstration
of the new website.
R1 1 - VILLAGE CLERK REPORT
R1 1A Village Lobbyist Registration Report
(VILLAGE CLERK)
R1 2 - VILLAGE ATTORNEY REPORT
R1 2A Kent Harrison Robbins legal fees update
(VILLAGE ATTORNEY
Councilwoman Cohen commented that she had received inquiries regarding streaming
Commission meetings on Facebook to which Mayor Groisman recommended first creating a
link to the live streaming on the Village's website.
Councilwoman Cohen asked what the mechanism would be used to determine what would be
highlighted on the website, to which Mr. Gonzalez responded that the editorial content should
be left to Village Staff and that Councilmembers should contact him.
Ramiro lnguanzo, Assistant Village Manager provided an update on the 70th Anniversary event
scheduled for February 11. A general discussion ensued regarding community outreach for
the event.
Councilwoman Cohen suggested that the contract for the holiday lighting should include a
date for which the lights would be taken down. Mr. Ramiro commented that he had received
primarily positive feedback on the lighting.
Bal Harbour Village Regular Council Meeting Agenda — January 17, 2017 19
Mayor Groisman made a motion to adjourn. The meeting was adjourned at 9:36 PM.
END OF REGULAR AGENDA
abriel Groisman
Attest:
�1
Dwigh S. Danie, Village Clerk
Bal Harbour Village Regular Council Meeting Agenda —January 17, 2017 - 1 10