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HomeMy Public PortalAbout2018-12-18 Regular MeetingMayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilman Jeffrey P. Freimark Councilman Buzzy Sklar BAL HARBOUR - VILLAGE - Bal Harbour Village Council Regular Meeting Minutes December 18, 2018 At 7:00 PM 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. — Assistant Mayor Salver called the meeting to order at 7:03 PM. The following were present: Also present: Mayor Gabriel Groisman (by Video Call) Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark Councilman Buzzy Sklar Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney Assistant Mayor Salver led the Pledge of Allegiance then asked for a moment of silence in tribute to Gail Serota, Office of the Village Attorney. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS There were no requests PRESENTATIONS AND AWARDS PA1 GMCVB - There was no one from the GMCVB to present. CONSENT AGENDA C6 - COUNCIL MINUTES C6A October 16, 2018 Regular Council Meeting Minutes C6B November 20, 2018 Regular Council Meeting Minutes C7 — RESOLUTIONS C7A 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. C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPOINTING MEMBERS TO THE TWO SEATS ON THE RESORT TAX COMMITTEE OCCUPIED BY ENTITIES THAT COLLECT THE RESORT TAX; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE RE -APPOINTMENT OF VALERIE RENNERT TO SERVE AS SPECIAL MASTER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SETTING COUNCIL MEETING DATES FOR THE 2019 CALENDAR YEAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AGREEMENTS WITH ENVIROWASTE SERVICES GROUP AS THE FIRST RANKED SERVICE PROVIDER; NATIONAL WATER MAIN CLEANING AS THE SECOND RANKED SERVICE PROVIDER, AND SHENANDOAH GENERAL CONSTRUCTION AS THE THIRD RANKED SERVICE PROVIDER, TO PERFORM UTILITY SYSTEM VACUUM TRUCK CLEANING AND VIDEO INSPECTION SERVICES AT ESTABLISHED RATES VILLAGE -WIDE ON A CONTINUOUS BASIS, AT A COST NOT TO EXCEED ANNUAL BUDGET ALLOCATIONS FOR THIS WORK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION: A Motion to approve the Consent Agenda was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). Q1 - QUASI-JUDICIAL Assistant Mayor Salver listed the proceedings that would be undertaken by the Village Council and the Local Planning Agency. The Village Attorney read the statement for quasi-judicial hearings then asked members of the Council to disclose ex parte communications. The Village Clerk then provided an oath to all those who would be providing testimony. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 12 Mr. Gonzalez provided a "global" presentation for all the Agenda items pertaining to the Bal Harbour Shops. He described the Village Code specifications that determine whether an amendment to a site plan is major or minor, and he explained his determination that the proposed site plan amendments were minor. He then summarized the proposed amendments. Amy Huber (Shubin & Bass, for the Bal Harbour Shops) introduced members of her team and stated that they stood behind the Staff Report and were in acceptance of all the conditions of the site plan approval as well as the proposed language for the text amendments for the Bal Cross and parking ordinances. Ms. Huber then summarized the proposed modifications to the site plan, including the removal of underground parking, the inclusion of direct pedestrian access from 96th Street, minor modifications to Collins Plaza, joint access to the Shops and Village Hall on Bal Cross, and a phased development, where the 3rd level of the Shops would be utilized for parking and later for commercial uses, if justified by parking studies. Bernard Zyscovich (Bernard Zyscovich Architects for the Bal Harbour Shops) presented renderings showing the proposed changes to Bal Cross Drive and resulting traffic pattern changes, modifications to Collins Plaza, the 96th Street entrance and the 3rd Floor parking deck for the initial phase of the project. Councilman Sklar ask for clarification of the parking reports that would justify the reduction of parking for the 2nd phase of the project, to which Mr. Gonzalez described the trigger mechanism requiring the year-round collection of data for 24-months before adding additional retail. Ms. Huber added that Q1C on Page 139 of the Agenda packet provides the required methodology. Henry Fendrei (Fendrei Consulting, Traffic Engineer for the Bal Harbour Shops) presented highlights traffic studies submitted with the project application. Mary Smith (Walker Parking for the Bal Harbour Shops) described results of the parking reports submitted with the application for the project Gary Kessler (Parking Manager, Bal Harbour Shops) described his duties in collecting parking data, stating that offsite employee parking has decreased, and the use of transient parkers (Uber/Lyft/taxies) has increased. Councilman Freimark asked for a further explanation the drop-off/pick-up points for ride share services to which Mr. Kessler responded that the front of the Shops (Collins Plaza) would be the primary location. Nik Massey (Bal Harbour Shops) added that the removal of the gates and working with ride share programs to identify the four valet locations would help alleviate the problem of ride share traffic stopping on Collins Ave. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 13 Babak Raheb (128 Balfour Drive) commented that Mr. Zyscovich had not been sworn in to provide testimony and the Shop's application was a bait -and -switch. He said that Bal Cross was not part of the original plat and was not purposed for business activities. He said that there is no Dade County traffic report. Steve Pardo (Pardo Jackson Gainsburg representing the Balmoral Condominium Association) spoke in support of the project and said that it was consistent with the settlement agreement between the Shops and Balmoral, and meets approval of the Association. David Paul (9801 Collins Avenue) said that he did not think that Mr. Pardo or the Board (Condominium Association) represent the feeling of the majority owners in the building about the Shops expansion. He said there is no final judicial determination of the ownership of the streets and commercial use of the street may be illegal. Irwin Shaab (9801 Collins Avenue) said that no unit owners of the Balmoral have participated meetings approving the contract with the Shops, and that a potential driveway reconfiguration might be considered a material alteration of the building requiring the consent of 75% of the unit owners. Brian Mulheren (10245 Collins Avenue) commented that pedestrian safety of all residents should be considered, not just of the Balmoral. He asked if FDOT had provided feedback regarding the proposed changes. The Village Clerk provided an oath to all those who had arrived after the first swearing -in. The Regular Council Meeting was then recessed at 8:05 PM to convene the Local Planning Agency Meeting. The Regular Council Meeting was reconvened at 8:36 PM, beginning with the consideration of Agenda Item R5B. This item was heard after Agenda Item R7A QJ1 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A MINOR AMENDMENT TO THE SITE PLAN FOR THE BAL HARBOUR SHOPS EXPANSION ADDRESSING PARKING AND CIRCULATION, AND PROVIDING AN ALTERNATE NORTHERN ENTRANCE PURSUANT TO SECTION 21-322 OF THE CODE OF ORDINANCES; AND PROVIDING FOR CONFLICTS, CONDITIONS AND FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 14 Mr. Gonzalez described the item stating that the resolution effectuates the minor site plan amendments and contains a series of conditions for approval. He added that the project was reviewed favorably by the Architectural Review Board. Ms. Huber stated that all previous comments, presentations, staff reports and documents are incorporated into the record. Babak Raheb (128 Balfour Drive) suggested that no changes be made to the existing site plan. We asked for clarification of the definition of "municipal." MOTION: A Motion to approve the Resolution was moved by Mayor Gabriel Groisman and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R5 — ORDINANCES RSA AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 "ZONING' OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-1 "DEFINITIONS AND RULES OF CONSTRUCTION," SECTION 21-127 "SETBACKS" [IN THE R-2 DISTRICT] AND SECTION 21-354 "PROJECTIONS INTO SETBACK AREAS," ALL TO ADDRESS ENCROACHMENTS AND PROJECTIONS INTO SETBACKS OR YARDS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. This item was heard after Agenda Item R5E. Mr. Gonzalez provided a brief history of the item and provided visual examples of architectural projections including porte-cocheres, eyebrows and balconies. He added that the allowance of porte-cochere to extend five feet into a setback would only apply to one of the two street fronts on a corner lot. Babak Raheb (128 Balfour Drive) commented that the Council should accept the recommendations of the Architectural Review Board to only allow porte-cocheres to extend three feet into the setback. Mickey Marrero (Berkow Radell & Fernandez representing Juan and Ofelia Roca) recommended adoption of the ordinance as written. MOTION: A Motion to approve the ordinance on second reading was moved by Councilman Jeffrey Freimark and seconded by Councilman David Alba um. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 P a g e 15 ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: The Motion passed by unanimous voice vote (5-0). R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 "ZONING," ARTICLE III "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. This item was heard after the adornment of the Local Planning Agency Meeting. Mr. Gonzalez introduced the item stating that the Local Planning Agency had recommend approval with the amendment that non -emergency vehicular access to and from the Business District shall be limited to Collins Avenue, 96th Street and Bal Cross Drive, and not Bal Bay Drive. Babak Raheb (128 Balfour Drive) commented that there had been no "traffic analysis" because Dade County had not provided a study, to which Mr. Gonzalez clarified that the "Traffic Analysis" to which Mr. Raheb was referring, was the title of Section 21.320 of the Village Code, however the Village had received traffic analysis when the Bal Harbour Shops first submitted their original application. MOTION: A Motion to accept the recommendation of the Local Planning Agency and pass the ordinance on second reading, as amended, was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: The Motion passed by unanimous roll call vote (5-0). Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 16 R5C AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; , AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 `ZONING," ARTICLE V "OFF-STREET PARKING FACILITIES;" PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE Mr. Gonzalez introduced the item stating the Local Planning Agency had recommended its approval as written. There were no comments from the public. MOTION: A motion to pass the ordinance on second reading was move by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: the motion passed by unanimous voice vote (5-0). R5D AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 11 "NUISANCES," ARTICLE II "NOISE," SECTION 11-32 "CONSTRUCTION NOISE IN THE "B" BUSINESS DISTRICT;" PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. This item was heard after Agenda Item QJ1 Ms. Trevarthen introduced the item, saying that this ordinance added definitions that would be used throughout the enforcement section to a►locate liability between the property owner, the permit applicant and the violator. There were no comments from the public. MOTION: A Motion to approve the ordinance on second reading was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Pagel7 ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: the Motion passed by unanimous voice vote (5-0). R5E AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE OF ORDINANCES, AMENDING CHAPTER 11 "NUISANCES," ARTICLE II "NOISE," SECTION 11-31 "CERTAIN NOISES RESTRICTED TO SPECIFIED HOURS," AND AMENDING CHAPTER 19 "TRAFFIC AND MOTOR VEHICLES," SECTION 19-7 "PARKING OF COMMERCIAL VEHICLES AND VEHICLES DISPLAYING SIGNAGE," ALL TO AMEND THE DEFINITIONS AND STANDARDS APPLICABLE TO HOLIDAYS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item saying that this ordinance aligned holiday noise restrictions between the Business District and other Districts. Assistant Mayor Salver pointed out that this ordinance was proposed as a result of suggestions from Village resident Babak Raheb. Babak Raheb (128 Balfour Drive) thanked the Council for listening and asked the Council to consider all construction, regardless of noise, to be addressed. MOTION: A Motion to approve the ordinance on first reading was moved by Councilman Jeffrey Freimark and Seconded by Councilman Buzzy Sklar. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman - - Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: The Motion passed by unanimous roll call vote (4-0) with the video transmission with Mayor Groisman having been interrupted. Assistant Mayor Salver asked that affected residents be notified before second reading to which Mr. Gonzalez responded that the Village's email list would be utilized for providing notice. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 18 Councilman Freimark commented that at the St. Regis crosswalk, cars were making right -turns in the left -turn only area and asked representatives of the Bal Harbour Shops if they would address the issue. R5F AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 2 "ADMINISTRATION" OF THE CODE OF ORDINANCES, BY AMENDING ARTICLE II, "VILLAGE COUNCIL," SECTION 2-27 "MEDICARE SUPPLEMENT INSURANCE POLICY," TO EXPAND MEDICARE SUPPLEMENT INSURANCE COVERAGE ELIGIBILITY TO ALL VILLAGE COUNCILMEMBERS WHO LEAVE THE COUNCIL AFTER COMPLETING TWO (2) FULL TERMS; ESTABLISHING ELIGIBILITY FOR THE EXPANSION OF MEDICARE SUPPLEMENT INSURANCE COVERAGE; AUTHORIZING VILLAGE OFFICIALS TO TAKE ALL ACTIONS NECESSARY TO PROVIDE POST -SERVICE MEDICARE SUPPLEMENT INSURANCE COVERAGE TO VILLAGE COUNCILMEMBERS; AUTHORIZING THE EXPENDITURE OF BUDGETED FUNDS; PROVIDING FOR SEVERABILITY, INCLUSION IN CODE, CONFLICTS, AND AN EFFECTIVE DATE. This item was heard after Agenda Item R5A. Mr. Gonzalez provided a brief history of the ordinance , stating that this ordinance addressed the Council's request to provide language that would allow access to Medicare supplemental insurance for Councilmembers having served two full terms. He then provided information on other municipalities for the Council to consider a policy regarding access to health care above and beyond COBRA. He also asked the Council to consider the applicability of these options. MOTION: A Motion to amend the ordinance to include a WHEREAS clause that states "The Village Council intends that the changes in this ordinance will apply only to those councilpersons leaving office after it becomes effective" and then to add a section called "Benefit Eligibility" that would state that "this benefit shall apply to all councilmembers in office at the time this ordinance becomes effective and to all councilmembers elected in the future" was moved by Mayor Gabriel Groisman. Councilman Freimark asked if this motion would only apply to the ordinance on the table regarding Medicare and not the other topics, to which Mayor Groisman replied in the affirmative. Assistant Mayor Salver asked Mayor Groisman if this amendment only applied to Patricia Cohen. Mayor Groisman responded that Legal Counsel had made it clear that the ordinance could not be retrospective but also stated that maybe it could go back a few months. Mayor Groisman stated if you are going backwards, then any former member could come forward and argue that it should apply. He added that it is clear that it is not legal or ethical to provide compensation for formal councilmembers. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page19 Assistant Mayor Salver stated that according to his discussion with the Village Attorney, the case law is silent on this issue, and that if there was a desire by the Council to extend it to the one person sitting on the Council during the initial discussion, then there would be a way to do that. Ms. Trevarthen stated that the better argument is that it does not extend backward, but she has identified a possible argument that it would reach Councilwoman Cohen if the Council wanted draft it that way. The Motion was seconded by Councilman Buzzy Sklar. Babak Raheb (128 Balfour Drive) asked if the Mayor's amendment changed the term requirements. He commented that if the Council did not apply this backwards, then it should not be applied forward. Penny Sepler (10275 Collins Avenue) asked how much cost saying that its sounded to her that we were talking about a great deal of money over time. Neil Alter (9801 Collins Avenue) commented that Patricia Cohen has not gained any remuneration, and that this was an attempt to castigate her. Irwin Shaab (9801 Collins) commented that the Council should try to give as much leeway to Patricia Cohen as possible in that she was on the Council when this item was conceived. He agreed that councilmembers should be awarded for their service. Raj Singh (53 Camden Drive) asked if there was a way to craft the ordinance to extend to Patricia Cohen saying that the Council should find a legal way to include her. Brian Mulheren (10245 Collins Avenue) said that no females would be collecting this benefit and that the ordinance was discriminating. Assistant Mayor Salver stated that he tended to agree with the sense of the public and that he would not be voting for the amendment. Councilman Sklar stated that the amendment prevented extending the benefit backwards to all previous councilmembers. Ms. Trevarthen requested that in the event that event that the proposed amendment failed, that the Council direct "us" to adopt a different amendment that makes clear that it would cover those who were on the dais at the time that it first came up. Mayor Groisman added that he agrees with the sentiment of the public but the Council was dealing with public dollars. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 110 Councilman Freimark stated that it is important to set a policy and that there should be firm date certain, and that it is applicable going forward. He said that he found insinuations of gender bias and vindictiveness to be personally offensive and that he was in favor of the ordinance with the proposed amendment. VOTE: The Motion to amend the ordinance passed by voice vote (3-2) with Mayor Gabriel Groisman, Councilman Jeffrey Freimark and Councilman Buzzy Sklar voting in the positive and Assistant Mayor Seth Salver and Councilman David Albaum voting in the negative. Mr. Gonzalez asked councilmembers if they would like to consider access to health care. There was a general consensus that the policy question should be handled separately and that staff should research the policy issues. MOTION: A Motion to approve the ordinance on first reading as amended was moved by Councilman Jeffrey Freimark and seconded by Council Buzzy Sklar. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: the motion passed by voice vote (3-2) with Assistant Mayor Seth Salver, Councilman David Albaum and Councilman Jeffrey Freimark voting in the positive and Mayor Groisman and Councilman Buzzy Sklar voting in the negative. R7 — RESOLUTIONS R7A A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN BAL HARBOUR SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE FIRST AMENDMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THE FIRST AMENDMENT; AUTHORIZING VILLAGE OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE FIRST AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Bat Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 111 This item was heard after Agenda Item R5C. Mr. Gonzalez described the item saying that this item was in front of the Council on second reading and included the acceleration of public benefits and elements necessary to implement the approved minor site plan amendments. He stated that this resolution also allows the designation of Zyscovich Architects as the Architect of Record for the Waterfront Park. Ms. Huber suggested that the section on page 226 (11.5) relating to easement, be amended to add the language "so long as the property is used for municipal purposes," and on Page 227 section 12.2 the language "and will be accompanied by an estoppel certificate," be amended to "and will use commercially reasonable efforts to obtain and provide an estoppel certificate signed by the tenant." Mr. Gonzalez stated that these amendments were acceptable and were consistent with the Development Agreement. Ms. Huber also pointed out a scrivener's error in the title of Section 15.2 and asked that the words, "first set of be unstricken. Babak Raheb (128 Balfour Drive) asked why the Village does not get a copy of the SunTrust Lease and commented that the use of municipal purposes only limits the Village forever. Mr. Gonzalez responded that the entire SunTrust release had been reviewed. Ms. Trevarthen read Section 28.2 of the approved Development Agreement provisions for defaults. MOTION: A motion to amend Section 11.5 to add the words "as long as the property is used for municipal purposes" was moved 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 Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. ROLL CALL: ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Jeffrey P. Freimark X Councilman Buzzy Sklar X VOTE: The Motion passed by unanimous voice vote (5-0) Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 112 R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING DISBURSEMENT OF VILLAGE GENERAL EMPLOYEES, VILLAGE CLERK, AND VILLAGE MANAGER PERFORMANCE BONUSES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez introduced the item. Councilman Freimark stated that he had asked Village staff to provide comparable data, salary history, and bonus history from other municipalities. He stated that Bal Harbour was fortunate to have Jorge Gonzalez as its manager. He proposed a 9% increase in salary and an 8% bonus of the current salary for the Manager. He praised Mr. Gonzalez for his stewardship and vision and that he was optimistic in the future of the Village. Assistant Mayor Salver agreed and stated the Mr. Gonzalez had found additional funding and was worth every penny. Councilman Sklar stated that one of the reasons he ran for office was that he would be working with Mr. Gonzalez again. He praised Mr. Gonzalez for his negotiations with the Shops and North Miami. Mayor Groisman stated that he was happy to work with Mr. Gonzalez. Councilman Albaum was in agreement with the rest of the councilmembers. Babak Raheb (128 Balfour Drive) suggested giving the manager a 9% bonus. Councilman Freimark then proposed a 3% increase in salary and an 8% of current salary for the Village Clerk. Mayor Groisman recommended a 5% salary adjustment and an 8% bonus. Assistant Mayor Salver, Councilman Albaum and Councilman Sklar agreed. MOTION: A Motion to amend the Resolution to approve a salary increase on 9% and a bonus of 8% of current salary for the Manager, and a 5% salary increase and 8% bonus of current salary for the Village Clerk was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). MOTION: A Motion to pass the Resolution as amended was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; CONDEMNING AIRBNB'S DECISION TO REMOVE LISTINGS OF RENTALS ONLY BY ISRAELIS AND JEWS IN THE WEST BANK, AND DIRECTING THE VILLAGE CLERK TO SEND RESOLUTION TO THE FLORIDA ATTORNEY GENERAL; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 113 Mayor Groisman provided a brief history of the item adding that similar ordinance have been passed in the City of Miami and Surfside, and that other municipalities look to Bal Harbour as a leader in rights issues. Daniel Gielchinsky, Vice Mayor of Surfside, in his individual capacity, spoke in favor of the ordinance saying that Surfside had passed a similar ordinance last week. He said that Surfside also held Airbnb in default of their contract requiring abiding to Surfside's anti BDS ordinance. He said that the involvement in geopolitics is important to communities where tourism is a key part of their economy and because Florida is a central part of Airbnb's business model and will take this stance seriously. Babak Raheb (128 Balfour Drive) commented that Bal Harbour should not get involved in geopolitics. Councilman Freimark commended the Mayor for bringing this issue to the Council and stated that he was proud to live in a community and sit on a council that makes it clear that any type of discrimination is abhorrent. MOTION: A Motion to pass the Resolution was moved by Mayor Gabriel Groisman and Seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0). R9 — NEW BUSINESS AND COUNCIL DISCUSSION R9A - PUBLIC COMMENT Babak Raheb (128 Balfour Drive) asked the Council to consider limiting weekend construction in the Village regardless of noise. R10 — VILLAGE MANAGER REPORT Mr. Gonzalez reported that he had settled $135,000 worth of credits towards the purchase price of the new Public Works building and that we will hopefully close within the next 30 days. R11— VILLAGE CLERK REPORT COMMITTEE APPOINTMENTS Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Page 114 Resort Tax Committee Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark Councilman Buzzy Sklar Kris Taplin Rose Schreiber Elsie Howard Peter Willis Priscilla Khanna Budget Advisory Committee/Ad Hoc Audit Committee Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilman Jeffrey Freimark Councilman Buzzy Sklar Raj Singh R11A Lobbyist Report R12 — VILLAGE ATTORNEY REPORT END OF REGULAR AGENDA ADJOURNMENT The meeting was adjourned at 10:30 PM. B` HARBOUR Attest: Dwight • a s' , o Ilage Clerk Jose Biton Neca Logan Raymond Slate Don Jacobs abriel Groisman Bal Harbour Village Council Regular Meeting Minutes — December 18, 2018 Pagel 15