HomeMy Public PortalAbout2005-11-15 Regular Meeting324
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 15, 2005
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November 15,
2005, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order
at 9:08 a.m. by Mayor Roth. Those present were:
Also present:
Mayor Seymour "Sy" Roth
Assistant Mayor Howard J. Berlin
Councilman Joel S. Jacobi
Councilman Jean Rosenfield
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
General Employees Retirement Board meeting.
3. APPROVAL OF MINUTES: Mayor Roth noted that Councilman
Rosenfield's name needs to be corrected on the first page, item 3. A motion was offered by
Assistant Mayor Berlin and seconded by Councilman Jacobi to approve the minutes of the
October 18, 2005 Regular Council Meeting, as amended The motion carried unanimously (5-0).
4. PRESENTATIONS:
Kev to the Village — to Lewis Nadel: Mayor Roth presented a Key to the
Village to Lewis Nadel, in recognition of his assistance with the International Assocaaxion of
the Chiefs of Police Convention and the Major Cities Chiefs Convention and thanking him
for his donations of over $10,000.00, in addition to his personal efforts. Mr. Nadel thanked
Mayor Roth and commended the efforts of Chief Hunker and the Bal Harbour Police
Department.
Officer of the Month for August 2005: Chief Hunker announced that
Officer Madeleine Orr was selected as the Officer of the Month for August 2005, for saving
the life of a drowning victim and for her continued efforts in the Department's Marine Patrol
Program. Officer Orr was presented with a plaque. Officer Orr thanked Chief Hunker and
the Council.
Officer of the Month for October 2005: Since the Officer was not in
attendance, this item was discussed later in the meeting.
The Council proceeded to Item 11 (Reports and Recommendations), so the discussions for
the zoning and other items are not interrupted, when the Council reconvenes the General
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Employees Retirement Board meeting.
REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Roth discussed Hurricane Wilma and the assistance the Village and other
municipalities received from Congresswoman Debbie Wasserman Schultz. He reported
that the Village's biggest concern was fuel for the police/public works cars and for
generators. Mayor Roth thanked the Village Manager, Police Chief and their staff, for their
work after the hurricane.
B. VILLAGE ATTORNEY: No report.
C. VILLAGE MANAGER:
Discussion of Donation to Hurricane Relief Funds: Mr. Treppeda
recommended donating to the local Red Cross, or another professional organization, if the
Council desires to donate taxpayer dollars to hurricane relief efforts.
Babak Raheb, resident— 128 Balfour Drive, suggested looking into the viability of giving
money from the police forfeiture fund to other police agencies that may have lost
equipment, instead of giving money from the general fund. Mr. Weiss advised that under
the Florida statutes, hurricane relief for charitable purposes is not an appropriate use of the
forfeiture money. He thinks that there may be some things within the Village that have been
destroyed that the forfeiture money can be used for and then the money that was
scheduled for that could perhaps fund this effort. Mr. Raheb discussed police radios for
cities in the Gulf, etc., which he doesn't consider to be hurricane relief. Mr. Treppeda
pointed out that the govemments and the Village can get money and there are funds that
can be tapped for this type of thing. Mayor Roth suggested studying what Mr. Raheb has
discussed.
Brian Mulheren — resident— 10245 Collins Avenue, thinks that FEMA supplies money to
local governments for that. He suggested donating the money to the Red Cross, who can
help people that are in desperate need.
Stanley Whitman — Bal Harbour Shops, thinks that he and the taxpayers have the
capability of giving money to the charities that they choose on their own. He urged the
Council to only consider making a motion to give to charities, or anything else that directly
affects the community.
Councilman Jacobi thinks that giving to the Red Cross and having them decide where
there is a need is the best thing for the Village to do.
A motion was offered by Councilman Jacobi and seconded by Councilman Sanz to donate
$10,000.00 to the American Red Cross. The motion carried unanimously (5-0).
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to
temporarily adjourn the Council meeting, in order to resume the General Employees Retirement
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Board meeting, since Mr. Rizzo arrived The motion carried unanimously (5-0) and the meeting
was temporarily adjourned at 9:28 a.m.
The Regular Meeting of the Bal Harbour Village Council was reconvened at 10:02 a.m. Those
present were:
Also present:
Mayor Seymour "Sy" Roth
Assistant Mayor Howard J. Berlin
Councilman Joel S. Jacobii
Councilman Jean Rosenfield
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
Officer of the Month for October 2005: Chief Hunker announced that
Officer Rene Guillen was selected as Officer of the Month for October 2005, in recognition
of his work on the Departments web site and his proactive pursuit of impaired drivers.
Chief Hunker presented Officer Guillen with a plaque. Officer Guillen thanked Chief Hunker
and the Council.
5. PUBLIC HEARINGS: Mr. Weiss read the following notice:
Please be advised that the following item on the agenda is quasi-judicial in nature. If you wish to comment
upon this item, please inform the Mayor when he asks for public input on the item. An opportunity for persons
to speak will be made available after the applicant and staff have made their presentations on each item. All
testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each
person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or
to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-
examine witnesses, but the public may request the Council to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to speak for their
organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. (Disclosure of
Ex-Parte Communications)
Those planning to speak at the hearing were sworn in by the Village Clerk.
Proposal for The Church -By -The -Sea Pre -School Program:
Bill Roy, President of the Board of The Church By The Sea and Owners of the
Property at 501-96Th Street, reviewed the history of the Church, which was founded in
1945. He explained that there is a congregation of approximately 600 people and 1/3 are
residents of Bal Harbour. Dr. Roy explained that the Church has tried to be a good
neighborhood partner and have provided polling locations, public area rooms for groups,
ongoing educational programs, etc. He advised that they believe the expansion and
extension of their educational program, to include the Pre-K program, is an opportunity for
1 Councilman Jacobi left the meeting after discussion of the Public Hearing (during the break).
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Bal Harbour to become a leader in this very important area that has been recognized by
the Governor and State of Florida. Dr. Roy discussed the Church's mission statement. He
advised that the Church feels that there is a need for this type of facility. Dr. Roy pointed
out that Section 8 of the Village Code includes the ability to provide childcare or juvenile
entertainment, which they think should be broadened to refer to the Pre-K program. He
advised that they have engaged a recognized authority on this program, Dr. Linda Eads, as
a consultant. He reviewed Dr. Eads' resumes. Dr. Roy clarified that the program is being
offered by The Church by the Sea.
Dr. Linda Eads introduced Ms. Maria Patavan — owner of the International Christian School
in Key Biscayne. She discussed the importance of pre-school education and pointed out
that the voters have agreed, but the State has not been able to provide quality programs.
She advised that the Church is recommending hosting 2-5 year olds, in a program of high
academics, personal development, and physical fitness. Dr. Eads advised that the program
is compliant with the new HRS guidelines that in urban communities, outdoor play is not
required, as long as there is a meaningful movement and playtime that is structured. She
discussed the trend for businesses to house pre-school programs, daycare centers, and
elementary schools.
Dr. Eads addressed the following issues from Mr. Miller's report:
1.) It is a Church owned school.
2.) A pre-school has a true -learning program, with measurable goals and is not a
babysitting service.
3.) Employee parking will be at the Bay Harbor Inn and meters at the Surfside
location.
4.) It would take two to three minutes to drop off a child, with a staff member
supervising. If they are not able to use the circle, then children could be dropped
off at Bay Harbor Inn and walked one block, with a parent and staff. They can
also explore other options.
5.) There will be a minimum of 80 children in time and they are recommending
operating on a shift, for different age levels. They would also report and dismiss
at separate times.
6.) This program would be accessible to employees of the Village, Church
participants, and employees at the Bal Harbour Shops. Research and evidence
indicate that employees are much happier when they know their children are
close to them and accessible during the day.
7.) As enrollment increases and there is a concern or impact, the Church would hire
an off -duty police officer to supervise the flow of traffic.
8.) The outdoor play area was previously addressed.
Dr. Roy discussed Mr. Miller's concern about the traffic and advised that within a 15-minute
period today, 250-300 congregation members arrived for a Church service. He noted that
has never created a traffic congestion problem. He advised that during high traffic times,
they use off -duty patrolmen, to make sure it doesn't create a problem.
Mike VonderMeulen, Mike Miller Planning Associates, reviewed Mr. Miller's report. He
reviewed Village Code Section 21-316(37) and Mr. Miller's concems. He advised that there
are 31,000 vehicle trips per day, on 96th Street, and if parents are dropping off children,
most vehicles will be in line on 96th Street blocking traffic. He reported that they also think
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that walking children across traffic lanes, during peak traffic operations, is not a good
situation. He advised that Mr. Miller has serious reservations about the use occurring at the
Church property, due to concems about the traffic impact on 96th Street and child safety.
He explained that they are advising the Village not to permit this use at this time. Mr.
VonderMeulen explained that the report notes that if a better planned drop-off arrangement
could be developed, not including any drop-off at the half circle driveway, and insurances
can be made for committed parking spaces for teachers, administrative staff, etc. and
restrictions that no stacking occur on 96th Street, then the Village could reconsider the use.
He explained that they question the use as being compatible to the commercial business
district that the Village currently enjoys.
Mayor Roth opened the public hearing.
Chief Hunker is concerned with child safety and recommended that he be allowed to meet
with the program directors, so the police have some input regarding that issue.
Babak Raheb, resident-128 Balfour Drive, doesn't know how the report comes up with
80 cars being stacked up, since it wasn't studied. He thinks the drop-off will be at different
times, for different ages, and doesn't think there will be a problem. Mr. Raheb hopes the
traffic problems with Surfside will be worked out to improve traffic flow. He feels the
community needs a pre-school. He is sure the technicality of traffic, etc. can be worked out.
Mr. Raheb thinks the Council should consider the importance of this. He recommended
that the Council take its reservations concerning certain parts, but should overall approve
the program.
Dr. Roy supports the Chiefs concern about child safety. He noted that they will meet with
the Chief to review the program and will use off -duty officers, to provide for the necessary
safety.
Dina Cellini, resident— 211 Bal Cross Drive, thinks the Church is a wonderful asset to
the community and thinks the Council should do everything in its power to perpetuate the
viability of the Church in the community. She doesn't understand why the Church has to be
here, because she thinks that this falls under the Code Section 8 - child care or juvenile
entertainment facilities. Ms. Cellini thinks that the Church is more than willing to work with
the Council and Police, to address any concerns. She thinks the Council should do
everything in its power to see that this pre-school program can reach its feasibility. Ms.
Cellini questioned why they're not permitted to drop-off inside the Bal Harbour Shops,
which she thinks would avoid a lot of problems.
Brian Mulheren, resident— 10245 Collins Avenue, commended the Church for doing a
great service to the community, which is greatly needed. He advised that this is the first
time he has ever heard Mr. Miller complain about a traffic problem. He suggested driving
into the Shops to drop-off, in the back of the Church. He doesn't think this will distract from
the shopping center. He thinks this will improve the community and thinks the Village
should do this.
Mr. Weiss discussed the Village Code. He explained that there is a list of permitted uses
and if this is determined by the Council to be among the permitted uses, then Ms. Cellini is
correct. Mr. Weiss noted that the reason it's before the Council is because Mr. Millers
office has made the determination that a school is not the same thing as a child care
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facility, in terms of the use of the property. He advised that the Code says that if it's not a
listed use, then it can still be permitted after a public hearing, providing that it's similar to
the uses on the list and that the Council finds that it's compatible with the other uses of the
community. He clarified the reason that it's before the Council is because there has been a
staff determination that it does not fit within one of the categories on the list and needs a
public hearing. Mr. Weiss noted that if the Council determines that it's basically the same
as a child care facility, then they would direct staff that is the Council's interpretation of the
Code and that they have the right to operate there.
Assistant Mayor Berlin questioned Dr. Roy if he met with Mr. Miller. Dr. Roy advised that
they weren't aware that this was referred to Mr. Miller or that he had ruled against them
until last night. He is not certain about Mr. Miller's total objectivity, with regard to the
Church. Mr. Treppeda noted that the Church was provided with Mr. Miller's report as soon
as it was received. Mayor Roth thinks that the Church has addressed some of the
criticisms. Mr. Weiss thinks that because the issue was raised and it was covered in the
initial presentation from Mr. Miller's office that they made the determination that a child
care facility, under their interpretation of the Code, is not the same as a school that Mr.
VonderMeulen should be asked why they came up with that.
Mr. Raheb advised that Mr. Miller is not here and thinks that the person who prepared the
report should be here to be cross-examined.
Mr. VonderMeulen advised that daycare facilities and entertainment or amusement arcade
facilities are not the same as a school or a pre-school. He noted that a pre-school is more
structured, has a different intent, and is not there as a babysitting service, but is there to
educate. He advised that is why they found it to be different and determined it to be a
school and that use needed to come before this Council to be reviewed.
Councilman Rosenfield advised that as a public school teacherfor47 years she noted that
they take care of the children. She thinks that to make that finite difference is beyond her
conception. Mayor Roth questioned if there should be a further study. Mr. Weiss advised
that if it's the Council's determination to direct staff that a school fits within the definition of
a child care facility, then the Code will be interpreted that way and it would never come
back before the Council and would be worked out between the staff and the Church
dealing with access, etc. He advised that it would become an issue for the Building Official
and staff. Mr. Weiss clarified that if the Council makes that determination, then basically it
would be the Council's decision that this should have never even come before the Council.
He noted that if the Council makes the determination that this should have come under the
category of child care facilities, which he thinks Councilman Rosenfield is saying, then staff
will interpret the Code that way and it will go from there as something that conforms with
the Code and they would work out the details of it at a staff level.
Councilman Rosenfield thanked the Church for being here and making the presentation,
because she didn't understand what their priorities were, until Dr. Eads explained it.
There being no additional comments, Mayor Roth closed the public hearing.
A motion was offered by Councilman Rosenfield and seconded by Councilman Jacobi to direct
staff to proceed in accordance with the Council's interpretation of the Code, which is that a pre-
school come under the definition of child care. The motion carried unanimously (5-0).
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Dr. Roy thanked the Council and the members of the audience for their support.
It was the consensus of the Council to temporarily adjourn for a break at 10:46 a.m.
The meeting was reconvened at 10:51 a.m. Those present were:
Also present:
Mayor Seymour "Sy" Roth
Assistant Mayor Howard J. Berlin
Councilman Jean Rosenfield
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Richard J. Weiss, Village Attorney
Absent: Councilman Joel S. Jacobi
6. ORDINANCES SECOND READING/PUBLIC HEARING: The
following ordinance was read, by title, by the Village Clerk:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
ARTICLE III "DISTRICT REGULATIONS" OF CHAPTER 21 "ZONING" OF THE
VILLAGE CODE BY AMENDING SECTION 21-78 "DISTRICT MAP," TO DELETE
THE EXHIBIT ENTITLED "TOWN OF BAL HARBOUR VILLAGE, FLORIDA
ZONING DISTRICT MAP" FROM THE VILLAGE CODE AND TO ADOPT A
REVISED ZONING DISTRICT MAP PURSUANT TO SECTION 21-78(b);
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
Mr. Treppeda explained that this is a housekeeping measure to take the official zoning
map out of the Code and make it available in the Clerk's office, which is in line with what
other municipalities do and makes it easier to update the map.
Mayor Roth opened the public hearing.
Dina Cellini, resident— 211 Bel Cross Drive, thinks that the map marked as Exhibit "A" is
flawed and is misleading. She explained that it's her understanding that the PD application
does not run with the land and if the One Bal Harbour was destroyed and an owner had to
re -develop, then the owner would have to seek another development plan, under the PD
zoning category. She clarified that if a new owner bought the property and demolished the
project, then it is her understanding that if that owner wanted to rebuild, then they would
have to reapply under the PD zoning application. She doesn't think that the map should
identify that property as PD, because that zoning only applies to that project. She
requested a continuance on this item, so that this issue can be looked into. Ms. Cellini
thinks that the implication is that property is PD in perpetuity, which she doesn't believe it
is. Mr. Weiss advised that the map is correct, but wondered if it should be notated that it's
zoned PD, pursuant to the Ordinance. Mr. Weiss will look at the PD Ordinance and speak
to the Village Planner Michael Miller. He thinks Ms. Cellini makes an interesting point as to
whether it's in perpetuity. He advised that it has been rezoned PD, pursuant to that
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development plan. Mr. Weiss has to look at what happens in a catastrophic event if that
entire development is leveled and whether or not the underlying zoning would remain PD or
revert back to something else. He advised that there is no problem with the Ordinance and
clarified that the issue is with the map. Mr. Weiss suggested that the Council continue the
public hearing on this, until the next meeting. He thinks it's correct, but would like to look
into the issue.
Raj Singh, resident — 53 Camden Drive, questioned if that would revert back to
Oceanfront zoning, if someone doesn't want to develop it as a PD District. Mr. Weiss will
look into that.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to continue
the public hearing, until the December meeting The motion carried unanimously (4-0), with
Councilman Jacobi absent
7. ORDINANCES FIRST READING: An ordinance was read, by title, by
the Village Clerk as follows:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 5 "APPEARANCE BOARD," BY
AMENDING ARTICLE III "ARCHITECTURAL REVIEW BOARD," BY
AMENDING SECTION 5.5-14 "CERTIFICATE OF APPROPRIATENESS,
PRELIMINARY CONSIDERATION" BY ELIMINATING THE PROVISION FOR
ISSUANCE OF A PRELIMINARY CERTIFICATE OF APPROPRIATENESS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
Mr. Weiss explained that there has been some confusion regarding some of the language
in the Architectural Review Board (ARB) Ordinance. He advised that there was a procedure
where someone could go to the ARB, get an approval, and it was deemed to be binding.
He explained that some language in it was confusing, in terms of the power/authority that
the Council had, to review that determination. He explained that this Ordinance provides for
a preliminary meeting and discussion, eliminates the preliminary approval, which is more
typical of what other architecture boards are doing, and clarifies it so people know exactly
what the situation is. Mr. Weiss advised that there is a meeting process, it goes to the
ARB, and then it goes to the Council.
Mayor Roth opened the public hearing.
Dina Cellini, resident — 211 Bal Cross Drive, discussed the November Architectural
Review Board meeting and advised that she urged the Board to consider the guidelines in
Chapter 5.5, in consideration of the application. She reported that Village Attorney Nancy
Stroud told the Architectural Review Board that Chapter 5.5 did not apply, but Chapter 21
applied, which was the PD Ordinance. Ms. Cellini wants to make it clear that Chapter 5.5
does apply to the guidelines that the Board is to consider when reviewing an application,
either under PD or any other part of the Code. Mr. Weiss explained that he has advised
Ms. Cellini that they disagree with her. He explained that under the PD Ordinance the
Architectural Review Board is to consider and comment on the staffs report. He advised
that the report from staff, on the particular project that is being discussed, is so broad that
virtually any factor that the ARB would want to consider could be related to the report. Mr.
Weiss explained that their view is that there is nothing that precludes the ARB from dealing
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with the criteria that are set forth in the ARB Ordinance, but they don't think that on its face
it applies, because there's a specific provision in the PD Ordinance that deals with the ARB
and outlines the scope of its review. Mr. Weiss explained that is the way they are going to
advise the ARB and that this is beyond the scope of this Ordinance. Ms. Cellini advised
that Ms. Stroud has told her that she agrees that Chapter 5 was a consideration by the
ARB and that Chapter 21, the PD Ordinance, encompassed the criteria of Chapter 5. She
doesn't think that it is beyond the scope of this Ordinance, because this is amending an
ordinance that applies to the ARB and the procedures that they use. She thinks that its
relevant to bring up what the criteria the ARB is to use, when reviewing a PD application.
Mr. Weiss disagreed and thinks it's beyond the scope of the Ordinance. He advised that
Ms. Cellini has been told that the criteria is something that the Board can consider, as part
of its specified role under the PD Ordinance, to review the staff report. Ms. Cellini thinks
that they are both saying the same thing that under the PD district they can consider the
criteria in Chapter 5. Mr. Weiss advised that as part of their review of the staff report. Ms.
Cellini agreed.
Dr. Michael Krop, resident— 9601 Collins Avenue, advised that he feels responsible for
this, because he previously pointed out that there was a review that was an irrevocable
decision that was made by the Board of people who did not live in Bal Harbour. He didn't
think it was right for an advisory board to have a cumbersome thing occur where the
Council would have to overrule it. He thinks this addresses that, but is concerned that this
eliminates the need for a Preliminary Certificate of Appropriateness, which may or may not
be logical. He questioned what the Architectural Review Board's opinion is on this. He
thinks that if they're for this, then he thinks its a great idea, but if they're not, then he would
like to know why. Dr. Krop suggested delaying this until the next meeting, if the Council
doesn't know. Mr. Weiss advised that if the Council is interested in that, then between first
and second reading, the Board could be contacted regarding their opinion. Dr. Krop
suggested that be done.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mavor Berlin to
annrove. The motion carried, with the vote as follows: Mayor Roth ave: Assistant Mavor Berlin
ave: Councilman Rosenfield ave; Councilman Sanz aye; Councilman Jacobi absent.
It was the consensus of the Council that this Ordinance be reviewed by the Architectural Review
Board members.
8. RESOLUTIONS/PUBLIC HEARINGS: None.
Resort Tax Committee Recommendations: Mr. Treppeda reviewed the
following items that were recommended for approval by the Resort Tax Committee at their
meeting on November 15, 2005:
1.) Road Shows to Key Travel Call Centers
2.) Sales Mission — U.S. Eastern Travel Association (Pennsylvania)
3.) E-Newsletter
4.) Sales Mission — Visit Florida
(Minneapolis AAA Road Show and Travel Expo)
5.) Media Familiarization Tour
(Airfare, Ground Transportation, Lodging, and Meals)
6.) New York Social Event Auction
$4,000.00
$ 950.00
$ 250.00
$2,500.00
$9,000.00
$1,500.00
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(Star Light, Star Bright Children's Foundation)
TOTAL: $18,200.00
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield for
approval. The motion carried unanimously (4-0), with Councilman Jacobi absent.
Brian Mulheren, resident— 10245 Collins Avenue, reported that a member of the Resort
Tax Committee, Hans Altenhoff — Sheraton General Manager, verbally abused him. He
requested that the Council take action to remove him from the Committee.
Stanley Whitman, Bal Harbour Shops, discussed his years of service on the Resort Tax
Committee. He discussed the improvements done by the Committee including the beach,
Collins Avenue landscaping, etc. He explained that over the years this has been a
responsible Committee and pointed out that the Sheraton contributes 75% of the resort tax
fund. Mr. Whitman doesn't know about the incident, but in light of the fact that the Sheraton
is the largest contributor to this tax fund and has served on this Committee every year
since it was founded, he doesn't think there is any basis to remove Mr. Altenhoff from the
Committee, because one member got into a dispute with a member of the public.
Request for Approval to Purchase Wireless Network: Mr. Treppeda
requested approval of $3,009.94 to purchase and install a wireless network for the new
Recreation Center and Public Works Department.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin to
approver The motion carried unanimously (4-0), with Councilman Jacobi absent.
Discussion of Selection of Individual to Assist with Proposed
Starwood/St. Regis Bal Harbour Development Agreement Negotiations: Mr.
Treppeda reported that the following resumes were received for the Council's
consideration:
a.)
b.)
c.)
d.)
Ron Book, P.A. (Name provided by Village Manager Alfred J. Treppeda)
Guillermo Olmedillo (Name provided by Village Attorney Richard J. Weiss)
Richard Bergman (Name provided by Mayor Sy Roth)
Merrett Stierheim (Name provided by Dr. Michael Krop)
Mr. Treppeda advised that he and Mr. Weiss believe that all of these people are qualified
to carry out the task.
Babak Raheb, resident— 128 Balfour Drive, thinks that the negotiator should come back
before the Council and make the recommendation, or talk with certain people. He would
like them to be open to the public, to be able to discuss their negotiations, so it would be
more of an open forum.
Ana Marie Kelly, 77 Camden Drive, is concerned about not including a residential group
on either side, or both sides of the fence. She thinks this involves this community not
outsiders coming in to tell the residents how to live in the community. Ms. Kelly thinks there
should be appointments, recommendations, or volunteers. She volunteered to be on any
committee. Ms. Kelly also believes that all meetings should be open to the public.
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Gabriela Webster, resident - 30 Park Drive #15, discussed the Marriott Corporation
purchasing Starwood property and questioned if the Bal Harbour property is one of them.
Mayor Roth advised that this has nothing to do with that. He advised that the Bal Harbour
property is not one of those.
Raj Singh, resident — 53 Camden Drive, suggested that the resumes be circulated,
because a lot of people from the Sea View are traveling now. Mayor Roth advised the
resumes can be sent. He discussed having the four people attend the next Council
meeting, to discuss their qualifications. Councilman Rosenfield suggested reading the
qualifications. Mr. Singh discussed the owners at the Sea View wanting to review the
resumes. Mayor Roth thinks that's a good point. Councilman Rosenfield advised that she
understands, but thinks there are people who are here 12 months a year that need to get
things going. She doesn't think that it's always prudent to delay, because someone can't be
at the meeting. She discussed the previous delays for this and questioned how much time
this should be delayed. Councilman Rosenfield thinks that people have the right to some
degree of expediency in getting things done. She noted that Mr. Singh represents the
owners at the Sea View and had stated that he knows three of the names that were
submitted. Mr. Singh thinks that a reasonable period of time should be given. Councilman
Rosenfield feels that the Council was elected by the people, on the basis that they have
sound judgment. She doesn't believe that the Council is going to put somebody in a
position that would be harmful to the residents of the Village. She noted that the Council
was elected to represent the people. Councilman Rosenfield advised that she would never
appoint anyone who would be harmful to the people at the Sea View, who can only be here
one month a year. Mr. Singh would like time to look at the candidates and noted that they
are just asking for the resumes.
Brian Mulheren, resident -10245 Collins Avenue, thinks that this is a major decision and
should be studied. He suggested that the people who submitted resumes give
presentations at a meeting, so everyone can see and know them. Mr. Mulheren doesn't
think this decision can be based on resumes. He doesn't see Ron Book being allowed to
make negotiations. He thinks there should be a workshop for the presentations. Mr.
Mulheren doesn't think a distinction should be made regarding people who aren't in town
during the entire year. He doesn't think there is a reason to rush this.
Carter McDowell, representing Starwood and the Related Companies with regard to
the property, advised that there is an urgency to get some level of response from the
Council, before the end of the year. He requested that the Council move forward to try to
have a first reading of this project at the December meeting. He noted that the agenda was
available last week and the names were available at that time. Mr. McDowell reported that
Dr. Krop provided Merrett Stierheim's name as a possible negotiator. He advised that they
would be happy and comfortable with Mr. Stierheim and doesn't think anyone could attack
his resume or his reputation, as being a straight shooter and a solid person. Mr. McDowell
advised that they are concerned with timing, because they have been in this process for
awhile. He noted that this person is being hired as a consultant to the Village Manager and
Village Attorney to negotiate the agreement, and are not the negotiators of the agreement,
but are there to provide support to the Village Attorney and Manager. He clarified that the
Council is not delegating authority to this person to negotiate, but they are there as a
resource for the Village's own people to negotiate. He advised that they are ready, willing,
and able to meet at any time on this and are committed to providing the necessary effort to
Bal Harbour Village Regular Council Meeting 11/15/2005 11
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get to that point. Mr. McDowell explained that a draft of the Development Agreement is
required for the first reading. He requested that the Council move forward.
Marjorie Schell, resident — Balmoral Condominium, advised that she believes in the
Council, but she doesn't see any reason to rush this.
Stanley Whitman, Bal Harbour Shops, agreed with Councilman Rosenfield that the
Council is elected to represent the people and they have confidence in the Council. He
doesn't think delaying the project is in the Village's interest. He thinks this has been
dragged on and requested that the Council represent the people, make the selection, and
move ahead.
Ana Marie Kelly, thinks that it's the Council's decision who to select. She advised that it
will be open to public hearings, because it's an advisory commission. She thinks that the
decision should be made now, either way.
Dina Cellini thinks that it's inappropriate for the Council to move forward selecting a
representative for negotiations, because it compromises the integrity and the
independence of the ARB. She noted that the process requires the Architectural Review
Board to give a Certificate of Appropriateness. She thinks for the Council to start selecting
a negotiator and suggest that they begin negotiations, presumes that the Board is going to
approve this project. Ms. Cellini thinks that is inappropriate and sends the wrong message
to the ARB that they're not able to review the project independent of what they think the
Council feels about it. Ms. Cellini thinks that the Council should wait until the Board renders
their decision on the Certificate of Appropriateness and that the Council should allow the
four individuals to be reviewed by the public, which is who they are representing. She
discussed the problems with the negotiations for the One Bal Harbour project and advised
that the public is very concerned that might happen again. She urged the Council not to
appoint someone now and if the Council deems it necessary, she urged the Council to at
least let the four names be considered by the public, prior to making the selection.
Mayor Roth closed the public discussion.
Assistant Mayor Berlin questioned Dr. Krop if he recommended Merrett Stierheim. Dr. Krop
advised that he did. Assistant Mayor Berlin clarified that Dr. Krop wouldn't have submitted
Mr. Stierheim's name, if he didn't have confidence in him. Dr. Krop agreed. Assistant
Mayor Berlin noted that Dr. Krop knows Mr. Stierheim and has worked with him. Dr. Krop
agreed. Assistant Mayor Berlin would disqualify Ron Book's name, since he is a Lobbyist
for the Village. He advised that Mr. Olmedillo is well known for planning and zoning.
Assistant Mayor Berlin doesn't know Mr. Bergman. He advised that he knows who Mr.
Stierheim is and thinks everyone in the room knows who he is. Assistant Mayor Berlin has
no objection to Mr. Stierheim and would join Dr. Krop in saying that would be a reasonable
person to choose. Assistant Mayor Berlin doesn't think the community needs to be solicited
to find out who Merrett Stierheim is or what he has done, because he thinks that everyone
knows that he is a non -controversial selection of someone to assist. He clarified that the
Council is not delegating any Council authority to this person and this person is being
engaged to assist the Manager and/or the Village Attomey. He thinks that if there's a
representative of a citizens group who is saying that Mr. Stierheim is someone that they
would recommend, then he has no problem with that. Assistant Mayor Berlin thinks that Mr.
Stierheim is a very reasonable choice and doesn't think that Mr. Stierheim needs an
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336
interview or needs to be cross-examined on his qualifications. Assistant Mayor Berlin can
accept Mr. Stierheim. Mayor Roth thinks that the problem with the One Bal Harbour
negotiations was that the person wasn't an attomey. Assistant Mayor Berlin advised that
the Village has Attorneys. Mayor Roth thinks that the Village needs a hard-nosed attorney
for this. Councilman Sanz pointed out that the Village has Mr. Weiss for that. Mayor Roth
questioned why someone is being hired, if the Village has attorneys for that. Assistant
Mayor Berlin explained that the thought was to bring someone in outside of the Village
Manager or Attomeys' office that has had exposure to these issues (planning, zoning,
development issues), which he thinks Mr. Stierheim has. He thinks that Mr. Stierheim
would bring a wealth of experience and knows Dade County and Bal Harbour. Dr. Krop
advised that Mr. Stierheim is impeccably honest. Mayor Roth discussed the qualifications
of Richard Bergman, who is the attorney for SunTrust, is well -respected, and handles
major cases regarding real estate, development, etc. He advised that he knows who Mr.
Stierheim is and he served the public well and has a good reputation, but thinks it should
be a hard-nosed strong person. Mr. Raheb questioned if two people can be selected.
Mayor Roth thinks that two should be selected; a non -lawyer and an attomey.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to
authorize the engagement of Mr. Stierheim, to assist the Village Manager and work on behalf of
that effort and enter into an agreement satisfactory to the Manager and to move forward. The
motion carried (3-1) as follows: Mayor Roth nay;. AssistantMavorBerlin aye; Councilman Jacobi
absent: Councilman Rosenfield aye; Councilman Sanz ave.
Mr. Weiss advised that if Mr. Stierheim is being appointed to assist the Manager and staff
and is basically an advisor and provides guidance, etc. then the discussions between Mr.
Treppeda and Mr. Stierheim regarding the amount of money to ask for, impacts on the
community, etc. are not subject to the Sunshine Law, because he would just be an advisor
to Mr. Treppeda and is not part of a negotiating committee. Mr. Weiss requested direction
on the role of Mr. Stierheim. Councilman Rosenfield thought the previous discussion was
that he was to be an advisor to Mr. Treppeda, which was the original intent.
Councilman Rosenfield guaranteed Ms. Cellini and the members of the public that nobody
on the Council is opposed to them being a very integral part of what is going on. She
clarified that they want them to be a part of it and to hear what they have to say. She
advised that they are not going to do anything behind closed doors or anything that will be
harmful. Councilman Rosenfield pointed out that they represent the entire Village, which is
every member of the public. Ms. Cellini appreciated Councilman Rosenfield's comments
and advised that she can only go on past experience. She thinks that in the past the
Council has made sweeping changes to the zoning, in meetings done outside of the
sunshine. Councilman Rosenfield noted that she was not part of that Council and there is a
new Council now.
9. RESOLUTIONS: Mr. Treppeda removed the resolution approving the
Police Department Agreement from the agenda and reported that the language is still
being worked on.
1 O. LOBBYIST REGISTRATION REPORT - AS OF NOVEMBER 10,
2005: The Agenda showed that the following lobbyists are currently registered with Bal
Harbour Village:
Bal Harbour Village Regular Council Meeting 11/15/2005 13
3•37
Name of Lobbyist
Principal Represented
Stanley F. Whitman
Bal Harbour Shops, Ltd.
Gary A. Poliakoff
Becker & Poliakoff, P.A.
Balmoral Condominium Association, Inc.
Keith M. Poliakoff
Becker & Poliakoff, P.A.
Balmoral Condominium Association, Inc.
Ronald L. Book
Ronald L. Book, P.A.
Majestic Tower at Bal Harbour
Condominium Association, Inc.
Carter N. McDowell
Bilzin Sumberg Baena Price & Axelrod LLP
Sheraton Bal Harbour Joint Venture
Robert L. Krawcheck
Bilzin Sumberg Baena Price & Axelrod LLP
Sheraton Bal Harbour Joint Venture
Michael A. Patrizio
WCI Communities
Steve Sorensen
WCI Communities
11. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL: This item was previously discussed.
B. VILLAGE ATTORNEY: This item was previously discussed.
C. VILLAGE MANAGER:
Discussion of Donation to Hurricane Relief Funds: This item was
previously discussed.
Discussion of Selection of Individual to Assist with Proposed
Starwood/St. Regis Bal Harbour Development Agreement Negotiations: This item
was previously discussed.
Resort Tax Committee Recommendations: This item was
previously discussed.
Request for Approval to Purchase Wireless Network: This item
was previously discussed.
12. OTHER BUSINESS:
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to
continue supporting the FIUProiect. The motion carried unanimously (4-0), with Councilman
Jacobi absent.
Bob Shinn, Senior Vice President with Starwood who manages development
projects, discussed Starwood's relationship with the community for the past 25 years. He
advised that the property is over 60 years old and needs considerable work. Mr. Shinn
explained that they have elected to bring their top brand to Bal Harbour (St. Regis — luxury
5-star brand). He discussed other St. Regis properties. Mr. Shinn discussed the benefits to
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338
the Village, including the tax base. He assured that their stewardship in Bal Harbourwill not
end with the change of the Sheraton, but will be re -invigorated and strengthened. Mr. Shinn
advised that as a public company they have made some business decisions for 2006 and
based on their view of the landscape, they elected to stop taking bookings at the Sheraton
at the end of the season, as of June 1st. He explained that they have started that process
and advised that it's difficult to turn back in a timely, seasonally way. Mr. Shinn discussed
timing and knows a lot of conditions have to be met, but requested first reading of an
ordinance for the property to be placed on the calendar for the December 20th meeting, to
give them directional clarity from a business planning standpoint of how this will play out.
He thinks that it's in everyone's interest to have a plan going forward for 2006, since they
will have no business after June 1st and they need to make plans. He requested that the
Council allow them to be on the agenda for December 20th. He will give the assurance that
the Council will have the full resources of Starwood to work with the Village staff and
consultants. He advised that they know there are issues of financial, etc. with the Village
and they are prepared to address the loss of the resort tax during the period that the hotel
will not be in operation and to deal with all those issues in a very straight and positive way
for the relationship on a long term basis.
George Perez, Chairman of the Related Group, discussed their partnership with
Starwood. He thinks that this project will be known world-wide as a real icon. Mr. Perez
advised that they invested $2 million dollars into a plan and one year of work and then re-
did the plans, in order to listen to the neighborhood (allowing for greater views, etc.). He
reported that Starwood wanted to begin sales in November and they were going to pull the
plug when that didn't happen, because they needed to make decisions on the hotel. Mr.
Perez advised them that they were making progress. He reported that Starwood made it
clear that they cannot loose the season and have to start in December/early January to get
the process going, otherwise it is delayed a full year until the next season. Mr. Perez urged
the Council to give them a chance to make this project a reality. He advised that they are
willing to negotiate and want to be good neighbors and have listened (moved setbacks,
heights, etc.) and are willing to pay their fair share. Mr. Perez thinks that this is a
magnificent endeavor for Bal Harbour and South Florida. He urged the Council to help
them get this going.
Babak Raheb, resident — 128 Balfour Drive, thinks that Starwood made a financial
decision presuming to build their project to fit their time schedule. He advised that it has
been delayed because they made a decision to not take reservations, which isn't his
responsibility. Mr. Raheb advised that Mr. McDowell has reported that the Village will loose
400,000 visitors. He thinks that the Village should ask for $20 million. He explained that the
ARB still hasn't approved this. He discussed the need for a wind study. Mr. Raheb
requested that the Council strengthen the Village's policy regarding wind for the windows in
high-rises, for new buildings. He would like the Building Department to come up with a
report by the next meeting, to have a higher standard of wind coverage.
Dina Cellini, resident — 211 Bal Cross Drive, thinks that the Village is being held
hostage. She advised that what Mr. Perez and Mr. Shinn are asking are comparable to
directing the ARB to issue a Certificate of Appropriateness next month, because they're
asking the Council to have a public hearing on their development plan at the next meeting.
She advised that in order to do that, the ARB has to issue them a Certificate of
Appropriateness on December 7th. She doesn't think that the Council can anticipate that's
going to be done, unless they are discussing this with the ARB and cutting a deal. She
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advised that she is not suggesting that, but what they're asking the Council to do is
probably illegal. She noted that they are asking the Council to have a hearing, before the
ARB has issued a recommendation. She discussed the PD ordinance requirements. She
noted that they are asking the Council to bypass the ARB and give them their first reading
next month, which she thinks is outrageous.
Carter McDowell explained that they are not asking to have a hearing before the ARB
takes action and they don't have to issue a Certificate of Appropriateness. He advised that
they are asking to schedule something and if the ARB doesn't have a recommendation or
there is no draft development agreement available for the meeting, then it won't happen
and it would be continued. Mayor Roth clarified that if the ARB disapproves it, then there's
no sense putting it on. He questioned if they do approve it on December 7th, if it can be put
on the agenda for the 20th. Mr. Weiss explained that the way the Ordinance is written is
that the ARB makes a recommendation. He advised that the Board can make a
recommendation to approve the development, disapprove the development, or continue
the meeting and ask for further information. He reported that the Building Official will also
make a recommendation to approve, or disapprove, etc. Mr. Weiss explained that in either
case, it's not uncommon for applications to have split recommendations from the ARB and
the Building Official. He advised that an approval of the ARB is not a pre -requisite, just a
recommendation is, which could be negative. Mr. Weiss agreed with the way it has been
laid out in that if the ARB decides on December 7th that they don't have enough
information, then he agrees that the Village cannot have the hearing that has been
requested. He advised that if they vote and make a recommendation either up or down, or
with conditions, etc. then the Village can have the hearing. Mr. Weiss clarified that
irrespective of whether the ARB makes a recommendation to approve or disapprove, this
will move forward to a hearing before the Council. He advised that the ARB does not have
the ability to kill this project and only the Council can vote up or down on this project
ultimately. He explained that if the ARB votes not to recommend it, then it will still come to
the Council, but would come with a negative recommendation from the ARB. He clarified
that the Council is free to do whatever it wants, depending on the evidence that is
presented at the hearing. Mayor Roth doesn't think the Council is going to entertain this if
the ARB has a negative recommendation. Mr. Weiss advised that the Council cannot
legally make that decision. Assistant Mayor Berlin questioned the legal timing
requirements.
Carter McDowell advised that the Code requires 15 days advertised notice, so the Village
has to advertise 15 days in advance. Mr. Weiss advised that there is no requirement that
there be a gap of a certain amount of time between the ARB and the Council meeting.
Assistant Mayor Berlin questioned if the applicant pays for this. Mr. Weiss advised that they
do.
Marjorie Schell discussed an article in the New York Times. She discussed how close the
center structure in their plan is going to go forward. She discussed the oceanfront coming
in and the plantings holding that back. Ms. Schell advised that the Sheraton doesn't have
anything in back of their hotel. She advised that hasn't been addressed and she is
concerned with the building that is proposed for the middle.
Ana Marie Kelly is confused about the ARB's job. She questioned what happens if the
ARB delays their decision again and questioned when the Council will take their authority
position on saying whether or not it will have a reading, if the ARB is only an advisory
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commission. She questioned how long they can be an advisor, without having a time frame
on them. Mr. Weiss advised that at the point that his office felt that the delay by the ARB
was denying the applicant due process, then they would advise them that they need to
make a recommendation one way or another, because the Ordinance does require
recommendation, before the Council can hear it.
Gabriella Webster advised that at the last ARB meeting, the Board continued the meeting,
based on the Chief Building Inspector's reservations of the plans. She advised that the
Board listened to everyone's remarks and liked the second plan better than the first. Ms.
Webster advised that even Dr. Krop said that the buildings were really not offensive to the
eye. She reported that there are reservations that the Board mentioned that echoed the
citizens, as well as the Building Department, which is why they continued the meeting
based on the Building Official's recommendation to continue. She doesn't think there is
anything wrong with the process and thinks that the professionals that the Village has on
the Board are excellent and took some of the recommendations that the citizens had and
passed it along to the Starwood property representative. Ms. Webster thinks they are doing
a fine job and advised they were willing to meet the week after Thanksgiving, but people
got in an uproar over them giving their time voluntarily and meeting with the Developer a
week earlier, which she finds offensive. She advised that because people got upset about
it, the Board declined giving the group that one week. She thinks there needs to be a little
more consideration to the people who volunteer, like the ARB. She thinks there needs to
be a little more openness and allow for these people to go ahead and move on with their
process.
Councilman Rosenfield questioned if this goes on the December 20th agenda, if the
Council has the option to say that they don't care to discuss it. Mr. Weiss explained that it
would be an advertised hearing, the Council would open a public hearing, hear a
presentation from the staff and applicant and if the Council felt there was more information
needed and wanted more time to consider it, then it has the ability to continue that hearing
or table it. Assistant Mayor Berlin questioned why the Council would have the applicant
make a presentation, if it wanted to table it and not hear it at all. Mr. Weiss thinks they have
the right to table it for some reasonable period of time, subject to what was said about the
ARB. He thinks that if the Council says they're not going to hear this for a year that there is
an issue of due process, but if the Council wanted to postpone or table it for a limited
period of time, then he thinks that can be done.
Michael Krop, 9601 Collins Avenue, advised that in his view when the ARB met the last
time they gave direction to the Developer, which he thinks was clear. Dr. Krop thinks those
things can all be done (setbacks, corner, even number of floors, etc.). He thinks that when
the Architects approve it, then it seems that under the circumstances they have exhausted
everything short of the Agreement, and they could assume it's a go. He thinks that if then
assume it's a go, then they don't have to hurry on this. Dr. Krop thinks that December 20
th
is an inappropriate time to have an important discussion, because a lot of people aren't
here. He thinks that the moment they know it's a go, then they can do all the things that
they have to do in the next 6 months (close the hotel, etc.). Dr. Krop discussed the
Sunshine Act and pointed out that the Council cannot discuss important items under Other
Business and vote on them, because the public wasn't notified that they were going to be
speaking on this. He advised that there is an Attorney General's opinion that states that
zoning is a critical item. Dr. Krop doesn't think this whole thing should be within the
Council's prevue today to make this decision. He suggested that they go before the Board,
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341
which they are doing, and the Board will find that they have agreed with all of the changes
and they will have the approval at that particular time, and he can't see anything short of
the Agreement being an obstacle for them. Dr. Krop advised that this can be done when
all of the public is notified properly and are here and then everyone will get what they want.
Brian Mulheren, resident — 10245 Collins Avenue, doesn't think this item should have
been discussed and thinks it should be put on the agenda in a proper way. He thinks they
are violating the Sunshine law by doing that. He thinks this should have been put on the
agenda, so everyone could be here to discuss it. Mr. Mulheren doesn't think this should be
rushed. He thinks his incident with Hans Altenhoff should be addressed. Mr. Mulheren
advised that this is an important item for the Village and there needs to be public
discussion. He noted that the ARB members gave their time, but also realized that
Thanksgiving was an important holiday, which is why they postponed. He noted that
Christmas is also an important holiday, so he thinks they need to have these discussions
when people are around and everyone can talk.
Mayor Roth closed the public discussions.
Assistant Mayor Berlin wants to see fairness done. He advised that this applicant wrote a
letter to the Village Manager a couple of weeks ago outlining this issue extensively and
asked to be heard at this meeting on this issue. Assistant Mayor Berlin doesn't understand
why it wasn't on the agenda. Mr. Treppeda suggested maybe changing the procedures,
because he has always been advised that things are suppose to come up under Other
Business, unless it's the Council's or Staffs business. Assistant Mayor Berlin thinks that it
would be grossly unfair for it to be the case that it had to be an agenda item and the
applicant made a timely request and the Village Manager didn't agenda it. He noted that
every resident and property owner in the Village is entitled to the same fairness. Mr.
Treppeda requested direction from the Council to give him guidance to allow him to put
things on the agenda. Assistant Mayor Berlin discussed the OF ordinance hearings and
advised that the Plaza came in and wanted their request for the porte-cochere to be heard
because they had a concern and the Council took it up, independent of the rest of the
ordinance. He noted that there is already precedence where a Village property owner came
in with a specific timely issue and as long as it's not patently unfair, the Council has done
that in the past. He clarified that they are not asking the Council to pre judge anything, but
are asking the Council to make a note on the calendar for December that if they get their
ducks in a row (an ARB recommendation up or down, Development Agreement), then they
would like to be on the calendar for December. Assistant Mayor Berlin would like to know
whether or not Dr. Krop's comment about this issue is right or not. Mr. Weiss is familiar with
the law Dr. Krop is talking about and advised that in most circumstances the Council would
have nothing to do with calendaring this item and it would just be done, in the normal
course of business. Mr. Weiss advised that the Council has gotten involved in the
scheduling process (request to hold off on the ARB, etc.). He agrees with Dr. Krop if this
was a substantive issue, dealing with the zoning or rezoning of this property, or any other
important matter. Mr. Weiss views this as purely procedural and doesn't believe that the
law Dr. Krop is citing would apply. He advised that this is an administerial function that this
applicant is entitled to. He explained that appearing on that day or not, it would normally
just be calendared by the Clerk. He advised that in this particular case there has been a
request for a specific day and he views it as a simple procedural item and thinks it's clearly
something that's within the prevue of the Council to give direction to the Manager to
agenda a particular item for the December 20th meeting. Mr. Weiss understands what Dr.
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342
Krop is saying and is familiar with the law and if it was substantive, he might agree with Dr.
Krop, but this is purely direction to staff for a procedural item. He explained that these
items come up very regularly in any sort of Council meeting to hear an item in a week, a
month, etc. which is what this is. He advised that he is not minimizing the importance of the
hearing itself, but is dealing with the scheduling of the hearing, as opposed to the
substance of it. Assistant Mayor Berlin noted that they won't even begin to take up
consideration of it, regardless of when it is on the agenda, unless they have done
everything they need to do to go forward.
Assistant Mayor Berlin advised that fairness is a two way street. He noted that when the
residents came before the Council and asked to delay the process, that was a specific
calendar request and the Council considered it. He thinks there has to be a balance.
Assistant Mayor Berlin advised that to put it on the calendar doesn't make it a requirement
to do, because there were several items on the calendar today that were taken off because
they weren't ready (PBA Agreement). He doesn't see that as a major issue. Mayor Roth is
against it. Councilman Rosenfield noted that the letter was sent on November 10th and
thinks that the Council has to comply with the request. Mayor Roth doesn't think that the
Council has to set the date and thinks the Village Manager, when everything is in line and
he thinks it is appropriate, can put it on. Mayor Roth questioned what would happen if the
ARB doesn't approve. Mr. Weiss clarified that if the ARB doesn't make a decision, then this
item is not right for a decision by the Council. He advised that there are other things that
need to be done and, at that time, if those things are not done then the Council will be
advised that it was not placed on the agenda, because it was not procedurally right. He
advised that assuming that the procedural items are in place, whether they're negative or
positive, they will place it on the agenda.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to calendar
this item on the December agenda. The motion carried unanimously (4-0), with Councilman
Jacobi absent.
13. ADJOURN: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to
adjourn. The motion carried unanimously (4-0), with Councilman Jacobi absent. and the meeting
was adjourned at 12:35 v.m.
24004,
Ma r Seymour Roth
Attest:
Ellisa Horvath, CMC
Village Clerk
Ba1 Harbour Village Regular Council Meeting 11/15/2005 19