HomeMy Public PortalAbout2017-03-21 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 AGENDA
MARCH 21, 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 - 96`h Street • Bal Harbour • Florida 33154
CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Groisman called the meeting to
order at 7:30 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 J. Weiss, Village Attorney
Susan L. Trevarthen, Village Attorney
Stephanie Marquez, Deputy Village Clerk
The Pledge of Allegiance was led by Officer George Waisman at the beginning of the
preceding General Employees Retirement Board Meeting.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
There were no requests for additions, withdrawals or deferrals.
PRESENTATIONS AND AWARDS
Presentation of Officer of the Year to Officer George Waisman.
Presentation by Miami -Dade County Commissioner Sally Heyman, District 4
Commissioner Heyman provided an update of issues pertinent to Miami -Dade County
Commission District 4 providing a copy of a sample resolution that prioritizes the
Northeast FEC Corridor, and a copy of notice for an upcoming April 20th Redemption
Workshop. Commissioner Heyman also provided an explanation of her vote not to
designate Miami -Dade County as a "Sanctuary City."
Mayor Groisman asked Commissioner Heyman to include consideration of controlling
speeding traffic on the Haulover straightaway traffic speed in it renovation plan and to
help the Village in beach sand replenishment, a project currently stalled at Miami -Dade
County.
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A February 21, 2017 Regular Council Meeting
MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor
Seth Salver and seconded by Councilman Jeffrey Freimark.
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 13-40
"POLICE OFFICERS' PENSION PLAN —DEFINITIONS", SECTION 13-42
"SAME -RETIREMENT DATES AND RETIREMENT BENEFITS", SECTION
13-51 "SAME —STATE REFUND MONEYS FOR POLICE OFFICERS",
SECTION 13-52 "SAME —MISCELLANEOUS PROVISIONS", SECTION 13-
53 "DEFERRED RETIREMENT OPTION PLAN (DROP)"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. (Second
Reading)
(VILLAGE MANAGER)
Mr. Gonzalez provided a brief history the application process and stated that the
proposed changes are required in order for pension plan to remain qualified.
Sepedeh Tofigh (Holland & Knight) reviewed the history of the Village's applications
for a favorable determination letters with the IRS and stated that the recently received
response indicates that the Village needs to pass the proposed amendments is to
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 12
remain qualified and not be subject to penalties or fees if the plan is audited. She
stated that as of 2017 IRS getting rid of determination letter program and that from
now on plan needs to be more vigilant about passing amendments.
MOTION: A Motion to approve the ordinance on second reading was moved by
Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark.
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 BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING
ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF CHAPTER
2 "ADMINISTRATION" TO REVISE PARTICIPATION REQUIREMENTS FOR
ARCHITECTURAL REVIEW BOARD MEMBERS AND PROVIDE FOR
RELATED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS;
PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
(VILLAGE MANAGER)
Mr. Gonzalez briefly describe the item. Ms. Trevarthen corrected the title of the
ordinance stating that the ordinance would provide standards of conduct rather than
to revise participation requirements. She then provided a summary of the item
describing the responsibilities of the Architectural Review Board under the Village
Code Chapter 5.5 Appearance Code, adding that the ARB does not hear applications
for variances.
A brief discussion ensued regarding the reasons why the Village Council was
considering this ordinance with a general agreement that though there had only been
a perception of a conflict in the past, it would be a good idea to implement these
changes to prevent future conflicts.
Babak Raheb (128 Balfour Drive) recommended approval of the ordinance a
commented that the Appearance Code needs further review.
Mayor Groisman commented that the two-year prohibition for members after leaving
the board seemed harsh and recommended a period of one year.
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 13
MOTION: A Motion to amend Section 2-51(2)d of the ordinance, changing "an
additional two years" to "an additional year" was moved by Mayor Gabriel Groisman
and seconded by Assistant Mayor Seth Salver.
VOTE: The Motion passed by unanimous voice vote (5-0).
MOTION: A Motion to approve the Ordinance on first reading as amended was
moved by Assistant Mayor Seth Salver and seconded by Councilwoman Patricia
Cohen.
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 roll call vote (5-0).
R7 - RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH ACTION AIR INC., TO
PROVIDE THE NECESSARY LABOR AND MATERIALS FOR THE SUPPLY AND
INSTALLATION OF A REPLACEMENT AIR CONDITIONING AND HEATING
SYSTEM WITH OTHER REQUIRED WORK, FOR THE FIRST AND SECOND
FLOOR OF VILLAGE HALL IN THE AMOUNT NOT TO EXCEED TWENTY
FOUR THOUSAND ONE HUNDRED SIXTY SIX DOLLARS ($24,166);
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
(DEPARTMENT OF PARKS AND PUBLIC SPACES)
Mr. Gonzalez introduced the item stating that this item had been approved in the
budget process and given the number of repairs undertaken, the 20-year old AC
system warrants replacement. John Oldenburg, Director of the Department of Parks
and Public Spaces, provided the status of the the current AC system and and a
description of the proposed improvements.
Councilman Albaum asked when the project would be completed, to which Mr.
Oldenburg responded, that if approved, it would be completed in April/May.
Mayor Groisman asked who had done the engineering work, to which Mr. Oldenburg
given the size of the building, the expense of engineering work needed to be
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 14
weighed. Mayor Groisman stated that the warranties are the most important part of
the engineering work.
MOTION: Mayor Groisman moved to defer the item, and Councilwoman Cohen
seconded the motion to defer.
Councilwoman Cohen left the dais at 8:08 PM.
Babak Raheb (128 Balfour Drive) agreed with the deferral and commented that there
should be at least 3 bids.
Daniel Holder (24 Bal Bay Drive) agreed with the engineering work, adding that it
would be easier to obtain the 3 bids.
VOTE: the Motion to defer the item passed by unanimous voice vote (4-0).
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN AGREEMENT WITH A AND M HURRICANE
PROTECTION, TO PROVIDE THE NECESSARY LABOR AND MATERIALS FOR
THE SUPPLY AND INSTALLATION OF MIAMI DADE COUNTY APPROVED
IMPACT RESISTANT WINDOWS AT BAL HARBOUR VILLAGE HALL AND THE
POLICE ADMINISTRATION BUILDING, FOR AN AMOUNT NOT TO EXCEED
FIFTY NINE THOUSAND, TWO HUNDRED THIRTY SEVEN DOLLARS
($59,237); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
(DEPARTMENT OF PARKS AND PUBLIC SPACES)
Mr. Gonzalez introduced the item explaining the the current windows are not hurricane
compliant and this item would would be a safeguard. A general discussion ensued
regarding the availability of FEMA credits and whether or not there was a program for
proactive hardening of municipal facilities as there is for health care facilities.
Babak Raheb (128 Balfour Drive) asked about the differences that he had observed in
the bids, to which Mr. Oldenburg explained that the companies submitting bids made
business decisions to either hold prices submitted last year.
Mr. Gonzalez stressed the urgency of having the current windows replaced before the
onset of hurricane season.
Mayor Groisman commented that contract language needed to be addressed given
the differences in our agreement and the contractor's agreement.
Irwin Shaab (9801 Collins Ave.) recommended that the windows Police Department be
given priority.
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 15
Neil Alter (9801 Collins Ave.) asked for more detail on the $500,000 Government
Obligation Bond that would fund this project to which Mr. Gonzalez described the mid-
2000's Miami -Dade County allocated for capital improvement projects.
Daniel Holder (24 Bal Bay Drive) suggested that the contract should consider the
replace of windows that are shattered by hurricane debris.
MOTION: A motion to approve the resolution, with understanding that the agreement
would be updated, was moved by Councilwoman Cohen and seconded by
Councilman Freimark.
VOTE: The Motion was approved by unanimous voice vote (5-0).
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE
APPROVING AND ACCEPTING FINAL SETTLEMENT OF PARCEL SS-13-14-15-
03, OWNED BY TODD AND KAREN WHITMAN (189 BAL BAY DRIVE) OF THE
SANITARY SEWER UTILITY REPLACEMENT PROJECT; AND PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
(LEGAL DEPARTMENT)
Mayor Groisman announced that he would recuse himself, then left the dais.
Mr. Gonzalez described the item acknowledging that the Whitmans had been the first
to grant the easement to the Village and they did so without compensation, and that
the Village ended up paying about $5,000 per lot for subsequent easements, so this
settlement would the appropriate thing to do.
Ree Kelly (2000 Towerside Ter., Miami Shores) questioned the ownership of the streets
in the gated community.
Neil Alter (9801 Collins Ave.) asked for clarification of the compensation to other
properties to which Mr. Gonzalez replied that to other owners, the easements were felt
to be an encumbrance to their properties, and thus a $5,000 compensation was
determined to be fair.
Daniel Holder (24 Bal Bay Drive) asked if the easement was on "the real property or the
streets" to which Mr. Gonzalez replied, the streets.
Babak Raheb (128 Balfour Drive) asked if the Whitmans had official asked to
reimbursed to which Mr. Gonzalez replied that he approached the Whitemans after the
others had been reimbursed.
Brian Mulheren (10245 Collins Ave.) stated that the Whitmans did the right thing, but
the other properties should not have been compensated.
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 16
Mr. Weiss commented that after thorough discussion with the Village Manager, they
determined that this was the right thing to do.
Assistant Mayor Salver noted that these easements were just for Phase 1 of the sewer
project after which a general discussion ensued regarding the impact of requiring
easements for Phase 2 of the project.
MOTION: A motion to approve the resolution was moved by Councilwoman Cohen
and seconded by Councilman Freimark.
VOTE: The Motion was approved by unanimous voice vote (4-0).
Mr. Weiss requested an executive session, in case it is needed, for Case# 2017-003330-
CA-01 Mullens vs. Danie et al.
Mayor Groisman returned to the dais.
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
Mayor Groisman summarized the protocol for New Business and Council Discussion
part of the Agenda stating that the discussions are solely for Council, that no action will
be taken on any item, and that members of the public wishing to comment will have
that opportunity under the Public Comment section.
R9A Discussion regarding the practice of tipping without disclosure.
(MAYOR GABRIEL GROISMAN)
Mayor Groisman provided a brief summary of the item stating that he had asked the
Village Attorney to research ordinances in other communities. A general discussion
ensued with agreement that the Village Attorney should begin researching a draft
ordinance that would include language making receipts clear and succinct regarding
automatic and additional gratuity, providing a clear understanding of the calculations
used, and would be consistent and applicable to all food and beverage servers. The
Village Attorney added that he would also research restaurants and credit card
companies to ensure that proposed mandates it can be done.
R9B Discussion regarding the Bal Harbour Shops and its place in our
community, past, present and future.
(COUNCILWOMAN PATRICIA COHEN)
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 17
Councilwoman Cohen provided a brief summary of the item stating that she felt the
Council had not had the opportunity to discuss its collective vision regarding the Bal
Harbour Shops proposed expansion, adding that the Village Manager had solely
negotiated with the Shops, in good faith, but that she felt that the Council had not had
the opportunity to address the details of the negotiations. She stated that although the
Village Council designated her as the liaison from the Council to participate in
negotiations, that she felt that she was never included, and had she been included, she
could have provided input that might have taken the negotiations in a different
direction. She asked the Council not to give itself deadlines.
Councilman Freimark stated that workshop process would give everybody including
members of the Council the opportunity to understand the application and the
development agreement better and provide input to the Manager, if desired, for
further negotiations, adding that Councilmembers had the fiduciary obligation to
carefully read the agreement. He stated that, in his 30 years of experience with
negotiations of sites with municipalities, PZAB's and zoning commissions across the
county, he had never been in the position where he was asked questions about the
viability of a project.
Mr. Gonzalez stated that there was never a decision to leave Councilwoman Cohen out
of the negotiations, and that several attempts were made to include her. Mayor
Groisman added that the Council did have the opportunity to re -group several times
after the April 2016 hearing.
There was a general consensus from the majority of the Council that the April workshop
would provide everyone the opportunity to learn more about the application and the
development agreement, and that Councilmembers would have the opportunity at the
the following Council Meetings to amend the agreement, to defer the item and/or to
provide direction to the Manager, if desired, for further negotiations.
R9C Discussion regarding meeting decorum and protocols.
(COUNCILMAN JEFFREY FREIMARK)
Councilman Freimark introduced the item and suggested that Councilmembers review
existing protocol guidelines especially those concerning public comment. There was
a general consensus from the Council that meeting decorum should create an
environment in which school children, wishing to participate, would feel comfortable.
It was the sense of the Council that the updating of existing guidelines should be
addressed.
Mr. Weiss stated that he would bring back examples of guidelines from other
jurisdictions for Council review and discussion, after which the Council could t propose
amendments resolution defining the existing guidelines.
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 18
R9D Discussion regarding placing benches on the vehicle service path area of
the beach.
(COUNCILMAN JEFFREY FREIMARK)
Councilman Freimarl< introduced the item expressing that his goal was to provide
comfort for people strolling the vehicle service/bicycle path, including those with dogs.
John Oldenburg, Director of Parks and Public Spaces, provided an update of existing
benches on the jogging path and demonstrated, using visuals, placement
opportunities on the vehicle access/bicycle path. A general discussion ensued with a
consensus from the Council that Councilwoman Cohen take the lead in exploring
bench designs and placement.
Mr. Weiss requested an executive session, in case it is needed, for the case of Flamingo
Way Enterprises vs. Bal Harbour Village.
R9E Public Comment
Ree Kelly (2000 Towerside Ter., Miami Shores) commented that the parks had already
been transferred to another owner, then questioned the motion to dismiss the case
regarding petitions. She cautioned that protocol procedures regarding public
comment could infringe upon First Amendment rights.
Irwin Shaab (9801 Collins Ave.) stressed the importance of clear tipping, and meeting
decorum starts with and is controlled by the Chair. He disagreed that protocol
procedures would infringe upon First Amendment Rights.
Neil Alter (9801 Collins Ave.) suggested that more benches could also be placed on
Collins Avenue.
Babak Raheb (128 Balfour Drive) commented that tipping policies should be included
on restaurant menus, that the community needs time discuss its vision of the Bal
Harbour Shops. He stated that he is in favor of free speech and decorum must be
extended to the public. He asked if picnic baskets were allowed on the beach to which
Mayor Groisman reading the notice that is posted that is posted throughout the beach.
David Paul (9801 Collins Ave.) commented on the recent changes in the marketing of
consumer goods and think through the zoning of the Village for the future.
Daniel Holder (24 Bal Bay Drive) commented that he felt the Council should discuss
amongst themselves the overall vision of the Village concerning the Bal Harbour Shops
expansion.
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 19
Brian Mulheren (10245 Collins Ave.) agreed with the idea of more benches on Collins
Avenue, and stated that wants to keep the Village as it is and that he does not want
construction and traffic. He stated that the loss of the beach needs to be addressed.
Councilwoman Cohen described conference announced in luxurydaily.com to take
place New York and proposed that all members of the Council should attend. Mayor
Groisman stated that he felt that it wouldn't be a good use of taxpayer money.
Councilwoman Cohen commented that she would attend on her own.
R1 0 - VILLAGE MANAGER REPORT
R1 1 - VILLAGE CLERK REPORT
R1 1A Village Lobbyist Registration Report
(VILLAGE CLERK)
R1 2 - VILLAGE ATTORNEY REPORT
R12A
(VILLAGE ATTORNEY)
MOTION: Councilwoman Cohen motioned to adjourn the meeting at 10:01 PM.
END OF REGULAR AGENDA
"'mot/ �"d''„
Mayo
r G riel Groisman
Dwight S. Danie, Village C
Bal Harbour Village Regular Council Meeting Minutes — March 21, 2017 Page 110