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