HomeMy Public PortalAbout2012-11-20 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - NOVEMBER 20, 2012
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November 20,
2012, at the Bal Harbour Village Hall Council Chambers .(655 — 96th Street, Bal Harbour,
Florida).
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:00
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Absent: Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by the Council.
Mayor Rosenfield thanked Carolyn Travis, Tourism Director, for the recent front page
article in the Tropical Life section (The. Miami Herald), regarding the Village's public art
project.
3. AGENDA: REQUEST FOR DELETIONS/ADDMONS: Mr. Weiss
requested that Tab J be deferred to the December Council Meeting, for technical reasons.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to defer
Tab J to the December Council Meeting. The motion carried (4-0).
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA:
Dina Cellini, 11 Bal Cross Drive, requested that Tabs B, C, D, E, G, and H be removed
for discussion.
Approval was requested for the following remaining items:
Tab A: September 13, 2012 Regular Council Meeting Minutes;
September 4, 2012 First Budget Hearing Minutes;
Tab F: Gated Residential Section Advisory Committee Recommendafions:
$1,700.00 to remove dying Ficus tree on Park Drive (south of Harbour Way);
Note: The Committee did not forward the playground and recreational
equipment ordinance for Council consideration;
Tab I: $3,067.35 to purchase uniforms for the Public Works Department from
Creative Ad Specialteez, LLC.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve Tabs A. F. and I on the Consent Agenda. The motion carried (4-0).
Tab B - Motion Approving Expenditure of Police Budgeted
Funds: Approval was requested for $4,250.00, for payment of services to MRW
Consulting Group.
Dina Cellini, 211 Bal Cross Drive, voiced concem that the Dan Gelber law firm services
would be overlapping that of MRW. Mr. Treppeda ensured that there wouldn't be any
overlapping of services.
Neil Alter, 9801 Collins Avenue, requested the amount paid to date to. MRW. Mr.
Treppeda reported that $6,000.00 had been paid and the requested amount would be in
addition to that. Chief Hunker explained the contracts with MRW (first one for $50,000.00
and the second one for $55,000.00). Mr. Alter questioned the contract with Franklin. Chief
Hunker explained that contract was for something entirely separate from the MRW
contract.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve Tab B. The motion carried (4-0).
Tab C - Motion Approving Termination of Lease Agreement:
Approval was requested to terminate the lease of one 2013 Harley Davidson Road King
Motorcycle for the Police Department, which was leased using federal forfeiture funds
($475.00 early termination fee).
David Kwlat, 10185 Collins Avenue, questioned the number of motorcycles that were
leased and how they were paid for. Mr. Treppeda reported that there were three
motorcycles, one paid with forfeiture funds (to be retumed) and two paid with general
funds.
Dina Cellini, 211 Bal Cross Drive, questioned if the other vehicles, etc. paid for with
forfeiture funds would now be paid for with general funds. Mayor Rosenfield explained that
all of the leases would be reviewed and a determination would be made. Mr. Treppeda
agreed that was being assessed and there would be a budget allocation next month, by the
Finance Director. He noted that Police take home cars would have to be negotiated. Ms.
Cellini questioned what would be done with surplus cars. Mr. Treppeda reported that
unneeded items paid with forfeiture funds would be disposed of.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve Tab C. The motion carried (4-0).
Tab D - Motion Approving Agreement with Code Red
Notification Service: Approval was requested for $4,660.00 from the General Fund, for
one year usage of the Code Red Notification System. The Council previously approved the
agreement at the October 2012 meeting, with forfeiture funds to be used.
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 2
Brian Mulheren, 10245 Collins Avenue, spoke in favor of the program, but suggested
that resort tax funds, not general funds, be used.
Nina Rudolph, 212 Bal Bay Drive, suggested that the service also be divided by districts,
to focus on contacting certain areas (such as the gated area or buildings) as needed.
Dina Celllnl, 211 Bal Cross Drive, agreed that resort tax funds should be used if possible,
since it would alert hotels regarding evacuation orders, etc. She added that if resort tax
funds couldn't be used, then the funding should come from the Police fund, not the general
fund.
The Council spoke in favor of using resort tax funding, if possible.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve Tab D and if resort tax funds could not be used then general funds would be used The
motion canted (4-0).
Tab E — Motion Approving Recommendations of the Resort
Tax Committee: Approval was requested for $15,000.00 for a 3-month trial, for beach
cleaning by Beach Raker.
Dr. !Crop, 9601 Collins Avenue and Resort Tax Committee Member, explained that he
had voted in favor of the item. at the Committee meeting, but suggested that it be delayed
until after the beach renourishment project. Mayor Rosenfield agreed.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to deny
approval of Tab E. The motion carried (4-0).
Tab G - Motion Approving Installation of Channel Markers
(Buoys): Approval was requested for $3,788.00 in resort tax funds, for American
Underwater Contractors to install channel markers, at the rear of the St. Regis Hotel.
Dina Cellinl, 211 •Bal Cross Drive, requested clarification. Mr. Treppeda explained that it
would be similar to the channel provided behind the ONE Bal Harbour, to .allow boats
(without propellers) to come up to the shore through the exclusion zone, but not on the
beach. He clarified that jet skis or other boats with propellers would not be allowed to come
to the shore, but non -motorized vessels would be allowed to come onto the shore.
Neil Alter, 9801 Collins Avenue, questioned if the buoys would be installed to benefit
specific hotels. Mr. Treppeda advised that they would not and explained that the Village
Code had defined those • two areas (behind the ONE and behind the St. Regis) for a zone.
He added that the Code also specified that the Village was to pay for the cost of the
channels. Mr. Alter spoke in favor of the item, if resort tax funds would be used. Mr.
Treppeda confirmed that resort tax funds would be used.
A motion was offered by Assistant Mayor Blachar to approve Tab G. The motion to approve was
withdrawn by Assistant Mayor Blachar.
Dan Holder, 24 Bal Bay Drive, clarified that boats could come up to the shore, but could
not stay on the shore. Mr. Treppeda agreed and added that boats with propellers were not
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 ° 3
allowed in the exclusion zone. Mr. Holder discussed problems with jet skis coming to the
beach. He didn't understand the need for the exclusion zone. Mr. Treppeda had never
heard of a problem with jet skis and advised that it would be addressed, if there was a
problem. Mr. Holder spoke against approval, since it created a nuisance and danger.
Anamarie Kelly Stoppa, 77 Camden Drive, questioned if approval or a permit was
needed from the Army Corps of Engineers, or the County. Mr. Treppeda assured that it
was properly permitted from all required entities.
Brian Mulheren, 10245 Collins Avenue, spoke against approval and clarified that the
Council had previously taken action to prohibit motorized vehicles or jet skis on the beach.
He questioned where the jet skis were coming from and discussed the problems with jet
skis.
Mayor Rosenfield questioned if the zone could be done without the jet skis. Mr. Treppeda
will look into it.
A motion was offered by Mayor Rosenfield and seconded by Councilman Packer to table Tab G.
until the December Council meeting. The motion carried (4: 0).
Tab H — Motion Approving Funds for the Vi1laje's Annual
Snow Festival: Approval was requested for up to $9,270.00, for the 10th Annual Snow
Festival at the Bal Harbour Park, on January 13, 2013.
Dina Celllnl, 211 Bal Cross Drive, suggested that resort tax funds be used, as in prior
years. Mr. Treppeda discussed prior sponsors and will look into the possibility of using
resort tax funds.
Yankee Andrusler, 150 Camden Drive, requested that the date be changed to a Sunday.
Assistant Mayor Blachar reported that it had been changed to a Sunday, as of last year.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve Tab H and to use resort tax funds if possibk (otherwise use Vide funds). The motion
carried (4-0).
6. PUBLIC HEARINGS:
Quasi -Judicial Public Hearings:
Consideration of a Request from Bay Colony of Ba1 Harbour,
Inc. (owner of the property located at 290.Ba1 Bay Drive, Ba1 Harbour, FL) for a
sign for the Quarzo Hotel. Pursuant to Village Code Section 15-2, signs must be
approved by the Village Council: This item was deferred earlier, until the December
Council Meeting.
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: Mr. Weiss requested that
Tabs K and L be delayed, until Village Attorney Tony Recio arrived.
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 4
The following Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 21 "ZONING,' AMENDING ARTICLE I "IN GENERAL" SECTION 21-1
"DEFINITIONS" REGARDING DEFINITIONS OF PERNIIITED USES LISTED IN
THE ZONING DISTRICT REGULATIONS; AMENDING ARTICLE III `DISTRICT
REGULATIONS" DIVISION 10 "OF OCEAN FRONT DISTRICT," SECTION 21-
281 `PERMITTED USES" AND SECTION 21-299 "PD PLANNED DEVELOPMENT
DISTRICT" OF THE CODE OF ORDINANCES IN ORDER TO AMEND THE
PERMITTED USES WITHIN THESE DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to aorove.
Mayor Rosenfield opened the public hearing.
Hope Calhoun, Attorney with Greenspoon Marder, P.A., explained that her client, a
potential tenant, would be impacted by the proposed Ordinance.
Gene (Eugene) Howard, 9999 Collins Avenue, Attorney representing the Owner (Eli
Jacob) of the Largest Commercial Unit (7,800 feet) at the Harbour House, submitted
his Lobbyist registration. He discussed the Owner's medical condition and the need to sell
the property. He discussed the pending contract with Dr. Bemard Shuster (potential tenant)
and the Village's proposal to modify the uses for the space, which would affect that. He
requested to reserve his client's rights and noted that the changes would be
unconstitutional, under the equal protection law. Mr. Howard clarified that his client was
being discriminated against, because they were the only one, at 7,800 square feet, that
would be affected by the Ordinance. He noted that if the Ordinance was approved, then his
client wouldn't be able to sell or use the property. He viewed it as selective enforcement,
without any remedy, except the courts.
Hope Calhoun, Attorney representing Dr.Shuster (Plastic Surgeon) reviewed the
changes that were made between first and second reading to the Ordinance. She
requested that the Ordinance be modified, to allow the Doctor to occupy the space. She
pointed out that it was one of the few large spaces in the buildings, there were benefits to
the Village, the space would continue to be vacant, there would be no tax benefit, Harbour
House residents would pay for the burden of the vacant space, etc. Ms. Calhoun proposed
that the Council go back to the October 18th version of the Ordinance, to allow for a
medical office in the space, with the addition that it not be limited to only residents. She
suggested that, if the Council did not go back to the October 18th version, then the existing
commercial spaces be excluded. She requested that on page nine (Section 21-299(c)(1)
language be created so that section would not be applicable to existing commercial spaces
larger than 7,000 square feet.
Mftch Allen, Attorney representing the Harbour House Condominium Association
(10275 Collins Avenue), noted that the Association was against the proposed changes to
the Ordinance and would like to allow Dr. Shuster's office in their building.
Stacy, Rothman, Harbour House (10275 Collins Avenue), reported that the majority of
the unit owners at Harbour House didn't want a commercial space in the Harbour House.
She discussed concern with patients entering and exiting the building and pointed out the
Bal Harbour Village Regular Council Meeting Minutes 11/20/2012 5
limited parking. She noted that one of the Harbour House Board members was not even
aware of the proposed office and none of the residents had been asked about it.
Yankee Andrusier, 150 Camden Drive, discussed the importance of having a doctor like
Dr. Shuster in the Village and pointed out that there had been a plastic surgeon in the
Balmoral for years, without any issues. He added that Dr. Shuster's parents had lived in the
Village for many years and that this would be a tremendous asset to the Village. He spoke
against changing the Ordinance, since it had been fine up to now.
Brian Mulheren, 10245 Collins Avenue, voiced concern regarding the existing traffic, an
operating place not a doctors office, the lack of information provided to the residents of the
Harbour House and adjacent buildings, and the lack of parking. He spoke in favor of the
Council restricting things in the Village.
Howard Weiss, 9801 Collins Avenue (Balmoral), didn't know how correct notice was
given to the public, since the Ordinance was not legible. Mr. Treppeda reported that it was
provided to the public online in color, so it was legible. Howard Weiss discussed the
changes to the Ordinance.
Mayor Rosenfield explained that another business of the same type could occupy the
same space, if someone left. Mr. Weiss clarified that if an existing tenant moved, then the
existing use would remain during a short period of time. He added that they could exist as
long as it was done on a continuous basis. He clarified that if the space was vacant for six
months or longer, then those uses would be lost, the grandfathering would not apply and
the spaces would then be governed by the Ordinance.
Howard Weiss, 9801 Collins Avenue, discussed taking rights away from the Balmoral
building, for the commercial uses. Mr. Weiss explained the vested rights provision and
procedures provided to file a vested rights application.
Allen Krieger, 9801 Collins Avenue, discussed the Balmoral's by-laws and the first floor
designation for commercial use. He thought it was unfair to the residents to change the
Ordinance and explained that the residents relied on those spaces to be rented
commercially. He added that they were not looking to have tenants open to the public.
Mayor Rosenfield discussed the vested rights provision.
Gene (Eugene) Howard discussed the urgency to do something for his client. He pointed
out that they were being denied all their rights. Mr. Howard clarified that they had enough
parking spaces for the space. He pointed out that his client was the only one being affected
by the proposed Ordinance;
Hope Calhoun clarified that the space had twenty parking spaces, the vested rights
procedure was subjective, based on the tenant's clientele there wouldn't be a significant
increase in traffic, and she didn't know that the Harbour House would want the space to be
restricted to only a restaurant. She suggested that the Ordinance be deferred, to allow
them to meet with the residents, to gain their support.
Marsha Chonchol, 9801 Collins Avenue, spoke against the Ordinance, since it was
unfair and would limit the buildings to finding tenants, thereby increasing the maintenance
fees to the residents.
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 6
Neil Alter, 9801 Collins Avenue, didn't think that the severe restraints were justified.
Mayor Rosenfield explained that the Council didn't want the oceanfront to become a busy
commercial area, but were open to discussion.
Anamarie Kelly Stoppa, 77 Camden Drive, questioned if the same restrictions would be
placed on the business district.
There being no additional comments, Mayor Rosenfield closed the public hearing.
Assistant Mayor Blachar spoke against the Ordinance, which would limit what could be
done on the east side and affect the buildings, which relied on the revenue from. the
businesses. She spoke in .favor of the building associations deciding what should be
allowed in their individual buildings.
Councilman Packer noted that Councilman Sanz was not in attendance, but had thought
that Councilman Sanz was opposed to the public going in and out of the Harbour House.
Councilman Packer spoke in favor of a limit on the type of commercial uses to be allowed.
Councilwoman Cohen noted that the Harbour House Association had nothing to do with the
tenant.
Eugene Howard agreed that they were not a tenant of the Harbour House Association, but
were another tenant in the building that paid monthly maintenance fees. He explained that
his client had bought the space, since it could be used for various things, which the
Ordinance now proposed to eliminate.
Councilman Packer didn't want to remove the rights for a commercial property. He
questioned if the type of commercial business and size could be limited. Mr. Weiss noted
that the existing Ordinance already did that. He explained the history behind the proposed
Ordinance in which the Council had directed the Village Attorney to eliminate all
commercial uses in the oceanfront buildings, except for spas and health clubs.
Eugene Howard pointed out that it was selective enforcement, his client would lose the
potential buyer, and the process for vested rights was a seven -month process.
Councilman Packer spoke against taking away any rights.
Councilwoman Cohen discussed the parking that was needed for the commercial space.
Dan Nleda, Building Official, reported that the parking spaces (20 spaces) needed for the
commercial space were provided.
Mayor Rosenfield allowed one additional comment from the public.
Barbara Grossman,. Harbour House (10275 Collins Avenue), wasn't against a
commercial space, but voiced concem with medical people and clients , for a plastic
surgeon using the same entrance to the building and its affect on the appearance of the
Harbour House.
Councilwoman Cohen (a Harbour House resident) reported that the residents and
neighbors of the Harbour House were unaware of the transaction for the plastic surgeon,
Ba1 Harbour Village Regular Council Meeting Minutes 11/20/2012 7
the valet and parking was out of control, the road was shared by the ONE Bal Harbour, and
ambulances/ bandages/stretchers were not consistent with what the Harbour House
wanted. She discussed concem that the space would use the entrance to the Harbour
House lobby, which would affect security. She didn't think that this commercial use would
be in the spirit of the Ordinance. She requested that the Council consider that the Harbour
House residents were not aware of the potential plastic surgeon tenant.
Mayor Rosenfield understood the difference between what the Balmoral and Harbour
House were asking for. She discussed the importance of deciding what would be in the
best interest of all of the buildings. She spoke in favor of the residents having input and
suggested that the Harbour House documents be changed, if it didn't require for the
residents being notified. Mayor Rosenfield suggested that the item be tabled.
Mr. Weiss read the existing Ordinance.
Assistant Mayor Blachar thought that potential residents buying at the Harbour House
would be aware of the ability for that space to be used as a commercial space. Mr. Weiss
agreed that if they had looked at the Village Code, then they would have been aware of the
uses that were allowed.
The motion failed (1-3). with the roil call vote as follows: Assistant Mayor Blachar no:
Councilwoman Cohen yes: Councilman Packer no: Mayor Rosenfield no: Councilman Sanz
absent
A motion was offered by Councilman Packer and seconded by Assistant Mayor Biachar to
continue the public hearing to the December 18t' Council Meeting. when there would be afull
Council The motion carried (4-0), with the vote as follows: Assistant Mayor Blachar yes:
Councilwoman Cohen yes: Councilman Packer yes: Mayor Rosenfield yes: Councilman Sanz
absent.
The following Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING DIVISION 11, ARTICLE III,
CHAPTER 21 OF THE VILLAGE CODE TO CREATE A NEW SECTION 21-322
"SITE PLAN REVIEW;' PROVIDING FOR SITE PLAN REVIEW, INCLUDING
APPLICABILITY OF REQUIREMENT, APPLICATION AND REVIEW
PROCEDURE, COST RECOVERY, AND DEVELOPMENT AGREEMENT;
AMENDING SECTION 21-320 OF THE VILLAGE CODE TO CLARIFY THE
APPLICABILITY OF COUNCIL REVIEW OF A TRAFFIC STUDY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve.
Tony Recto, Village Attorney, reported that the only change from first reading was that
the word "may" was changed to "shall on page three.
John Shubin, Shubin & Bass — Attorney on behalf of Bel Harbour Shops, objected to
the Ordinance, which would impose additional burdens on the operation of the Shops. He
clarified that they weren't opposed to a review for the exterior, but were opposed to the
Bal Harbour Village Regular Council Meeting Minutes 11/20/2012 8
Village controlling the uses that were currently permitted in the Shops.
Mayor Rosenfield requested clarification that there was precedence for a site plan review
process, in other municipalities.
Guillermo Olmedlllo, OlmedilloX5— Village Consultant, agreed that there was already
precedence in many municipalities, to have an ordinance to address those issues.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
continue the public hearinz until after discussion of Tab L. The motion carried (4-0). with the
vote as follows: Assistant Mayor Blachar yes: Councilwoman Cohen yes: Councilman Packer yes:
Mayor Rosenfield yes: Councilman Sanz absent.
The following Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 21-316 OF THE
VILLAGE CODE TO AMEND THE LIST OF USES AND SET FORTH PERMITTED
AND CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve.
Mayor Rosenfield opened the public hearing.
John Shubin, Shubin & Bass —Attorney on behalf of Bal Harbour Shops, agreed that
there was precedence for site plan ordinances that affected the exterior of commercial
buildings or the introduction of certain uses within the building that had a discemible impact
on the community. He clarified that he wasn't aware of any ordinance that regulated
currently permitted uses in an existing shopping center. He noted that it was an
inappropriate burden on the Shops (a pre-existing business). He agreed that the Shops
would go through an extensive site plan review for the expansion and that the Shops would
not introduce a use that would impact the community or their other tenants. He requested
that the Ordinance be approved, with changes that would allow a computer store over
2,000 square feet. Mr. Shubin requested clarification on what a certified chef and a mass -
assembled food component were.
Mayor Rosenfield questioned why the Apple (computer) store would be 10,000 square feet,
if the average store size was 3,500 square feet. Mr. Shubin explained that the Shops would
like to do something unique and there were technology stores that were greater than
10,000 square feet.
Matthew Lazenby, Bal Harbour Shops, discussed the concept of a flagship store, which
tended to be larger. He spoke in favor of a 10,000 squarefoot limitation, which would be
fair.
John Shubin pointed out that the Shops had agreed to the distance requirement to
eliminate any excessive concentration, withholding all pending applications, providing
appropriate mitigation for special events, a reasonable limit of 10,000 square feet, and a
more thorough review for aesthetics even without adding square footage. He noted that
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 9
this is the only item that the Shops has requested, so they're not the only shopping facility
that has to go through this type of procedure. He pointed out that the site plan process
could take six to seven months.
Mr. Weiss clarified that Mr. Shubin had requested that the change be made solely related
to the appliance/electronic store, not regarding the restaurants, etc. Mr. Shubin clarified
that as long as the restaurants would not be closed, if the chefs were not certified and they
could continue to work in good faith on those issues. Mr. Weiss clarified that page 5(1) and
page 3(2) were the two areas of concem discussed by Mr. Shubin. Mr. Shubin requested
that the square footage be changed from 2,000 to 10,000 in those two sections. He
clarified that the Shops was okay with the other proposed changes.
Councilman Packer reported that the Apple store at Aventura was 8,500 square feet. He
spoke against limiting the Shops to 2,000 square feet.
(Amendment #1) A motion was offered by Councilman Packer and seconded by Councilwoman
Cohen to amend the Ordinance by replacing 2,000 square feet with 10,000 square feet, on pages
3(2) and 5(1).
Dan Holder, 24 Bal Bay Drive, voiced concem with noise, traffic, and change in hours for
activity. He also didn't like the vagueness of the permitted uses (page 2(1)) and suggested
that those types of buildings be restricted, to avoid a problem with noise.
Dina Cell/nl, 211 Bal Cross Drive, pointed out that the Shops proposed expansion
necessitated a review process that wasn't needed before. She spoke in favor of having
more regulations. She pointed out that the SunTrust Bank property was also zoned
Business, which she thought had been sold. She voiced concem that a currently permitted
use could be placed on the property that may not necessitate a major site plan review and
could be something that the Village didn't want at its entrance. She pointed out that beyond
the retail space of a major electronic store there would be accessory space where
employees worked; She noted that in addition to the 10,000 square feet, the Ordinance
would allow an accessory use with employees impacting traffic, etc.
John Shubin clarified that the operations would be included in the 10,000 square feet. He
pointed out that they had pledged that they would wait for the site plan ordinance to allow
the Village to have additional review powers. He clarified that they drew the line on intemal
retail operations, not expansion.
Assistant Mayor Blachar requested that appliances on page 3(2) be limited to countertop
appliances and not include fridges, ranges, etc.
John Shubin did not have an objection to placing limitations on those types of uses.
(Amendment #2) A motion was offered by Assistant Mayor Blachar and seconded by
Councilwoman Cohen to amend the Ordinance by changing the permitted uses on page 3(2) to
countertop appliances.
Anamarie Kelly Stoppa, 77 Camden Drive, spoke in favor of regulations and against a
10,000 square foot Apple store. She discussed issues with hours of operation for an Apple
store when new products were introduced, etc.
John Shubin clarified that the Shops didn't have any intention of changing the existing
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 10
hours of operation for any one tenant. He noted that the Village had a police station n the
Shops, if someone was breaking the law.
David Kwial 10185 Collins Avenue, noted that the stores at the Shops weren't heavily
occupied and an Apple store would change the whole dimension, since it had a dense
population all the time. He pointed out that the restaurants had different hours than the
stores.
Brian Mulheren, 10245 Collins Avenue, spoke against an Apple store at the Shops and a
Police station there (which benefited the Shops). He spoke in favor of restrictions and
noted that services, traffic, and parking would be greatly affected.
Mayor Rosenfield requested that the motion include the agreement by the Shops that there
would not be another store.
Tony Reclo, Village Attorney, clarified that the distance limitation, which was provided in
the Altemative Version of the Ordinance, was not included in the motion.
Mrs. Horvath distributed the Alternative Version. Mr. Recio reviewed the Altemative
Version.
(Amendment #3) A motion was offered by Councilwoman Cohen and seconded by Assistant
Manor Blachar to amend the motion to add the red laiguaee, as shown in the Alternative Version.
Mr. Recio clarified that the motion allowed one of 10,000 square feet and any second store
of that use category regardless of size, would be a conditional use and would have to go
through the site plan review process.
Assistant Mayor Blachar spoke in favor of the Shops continuing to charge for parking,
including for the Apple store.
John Shubin reported that the Shops didn't have any intention to treat any store differently
for parking, but he spoke against restrictions to be placed for complementary parking for
everyone for Christmas Eve, etc. Assistant Mayor Blachar clarified that aslong as the
same rules applied to all the tenants at the Shops. Mr. Recio suggested the following
language such use shall be prohibited fromoffering parking at any lesser rate than is
applied to invitees of other business on the property." Mr. Shubin clarified that some of the
stores validated for parking and the Shops didn't want any particular store to be prohibited
from doing what the other stores did. He noted that the Shops would be fine with the
amendment if the intent was to make sure that one particular use received special
treatment that wasn't available to the others.
Matthew Lazenby explained that there were public rates and validated rates,. as well as
some VIP customers that were provided with complimentary parking. He clarified that was
something that the stores did individually, not the Shops. He added that the Shops still had
to be paid for parking, whether it was from the customer or the store.
Nina Rudolph, 212 Bal Bay Drive, spoke in favor of always charging for parking, which
helped to control traffic and security.
John Shubin clarified that the Shops would not be opening up their parking lots.
0
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 11
Nell Alter, 9801 Collins Avenue, questioned if the Shops had ample parking available, for
a 10,000 square foot store, and if a traffic study had been done.
John Shubin reported that no methodology had been provided that this type of use had
any greater traffic generation impacts than any other comparable retail use.
Dina Celllnl, 211 Bal .Cross Drive, spoke against each tenant being allowed to do what
they wanted for parking. She spoke in favor of imposing something regulating that.
Mr. Shubin noted that he had never seen an ordinance that had rules regarding parking
charges for a commercial shopping center. He added that the Shops had every intention of
maintaining things the way that they were.
Steve Greenberg, 9800 Collins Avenue, spoke against a 10,000 square foot Apple store.
He pointed out that the Council needed to listen to the residents, since the residents paid
96% of the taxes and the Shops paid 4%. He added that the residents didn't want to sell
Village Hall and didn't want an Apple store.
Councilwoman Cohen questioned if the Village would have input, if Neiman Marcus turned
10,000 square feet of their store into an Apple store. Mr. Recioreported that under the
Village's current code Neiman Marcus would be able to do that. He clarified that the
proposed Ordinance was an attempt to change that and allow for some review, even within
a department store, for this particular use.
Assistant Mayor Blachar questioned if it would be allowed, if it was less than 2,000 square
feet. Mr. Recio clarified that the second store would have review requirements, regardless
of size.
John Shubin clarified that the 1,000 square foot distance limitation would take it out of the
radius of the Shops
Mr. Weiss clarified that the question was if a site plan review would be required if a 10,000
square foot store was not already established and one of the anchor stores used 10,000 of
their space and made itinto that store. Mr. Recio explained that scenario would be allowed,
without site plan review by the Council. He clarified that if there was a second store, then
that would have to be reviewed by the Council, regardless of size. He added that wouldn't
prevent an anchor store from selling some merchandise.
John Shubin noted that the Shops didn't feel comfortable discussing what_ could and
couldn't be placed at Neiman Marcus or Saks. He requested that the ordinance be
approved., without the store within a store prohibition, which could be visited another time.
Councilwoman Cohen was just asking if a department store could do that or not.
Mr. Weiss explained that the amended language would not allow another store within the
department store, if one already existed for that use. He suggested that if the Council didn't
want to place that restriction on the department stores, then the language needed to be
changed to exclude a similar use within an established department store once a stand
alone store was established.
Councilman Packer spoke against the Council creating every kind of restriction it could
think of on the Shops. He spoke in favor of the least amount of restrictions, while being fair.
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 12
Councilwoman Cohen agreed. Assistant Mayor Blachar spoke in favor of some restrictions,
including charging for parking. Mayor Rosenfield spoke in favor of as few rules as possible,
with strict enforcement.
Dr. Krop, 9601 Collins Avenue, spoke in favor of the Ordinance going back to first
reading, to allow the public to speak regarding the material change from 2,000 to 10,000
square feet.
(Amendment #4) A motion was offered by Assistant Mayor Blachar and seconded by Mayor
Rosenfield to add "such use shall be prohibited from validating parking or otherwise offering
parking at any lesser rate than is applied to invitees of other businesses on the properly."
Mr. Weiss reviewed the four amendments: 1.) change the 2,000 square feet to 10,000 in
two spots, 2.) add the word "countertop" to the word appliance, 3.) adopt the red language
provided in the Altemative Version which imposed the distance requirement (this motion
would include changing the square feet from 2,000 to 10,000 and Amendment #1 would
not need to be approved), and 4.) include the language making the parking uniform.
Councilman Packer questioned if parking fees were subject to a sales tax.
Matthew Lazenby, Bal Harbour Shops, advised that they were.
The Council discussed the fourth amendment. Councilwoman Cohen noted that some of
the stores validated parking for their customers, so this would be doing something different
for one type of store. Assistant Mayor Blachar agreed this store would not be allowed to
validate for parking.
A motion was offered by Assistant Mayor Blachar and seconded by Mayor Rosenfield to amend
the language for Amendment #4 to read: "such use shall be prohibited from offering parking at
any different rate than isapplied to invitees of other businesses on the property." The motion
carried (3-1). with the roll call vote as follows: Assistant Mayor Blachar yes; Councilwoman
Cohen no; Councilman Packer yes; Mayor Rosenfield yes; and Councilman Sanz absent.
(Amendment #2 - Countertop Appliances) The motion carried (4-0). with the roll call vote as
follows: Assistant Mayor Blachar yes: Councilwoman Cohen yes: Councilman Packer yes: Mayor
Rosenfield yes; and Councilman Sanz absent.
(Amendment #3 - Alternative Version - Limiting 1.000 Feet) The motion carried (4-0). with the
roll call vote as follows: Assistant Mayor Blachar yes: Councilwoman Cohen yes: Councilman
Packer yes: Mayor Rosenfield yes; and Councilman Sanz absent.
Mr. Weiss noted that Amendment #1 did not need to be voted on, since it was included in
Amendment #3.
Dr. Krop, 9601 Collins Avenue, spoke in favor of the Ordinance going back to first
reading. Mr. Weiss explained that the title of the proposed Ordinance put people on notice
of the subject matter that would be discussed.
The motion to approve the Ordinance, as amended carried (4-0). with the roll call vote as follows:
Assistant Mayor Blachar yes; Councilwoman Cohen yes: Councilman Packer yes: Mayor
Rosenfield yes; Councilman Sanz absent: thus becoming Ordinance No. 2012-565.
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 13
The public hearing for the following Ordinance was now held:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING DIVISION 11, ARTICLE III,
CHAPTER 21 OF THE VILLAGE CODE TO CREATE A NEW SECTION 21-322
"SITE PLAN REVIEW;' PROVIDING FOR SITE PLAN REVIEW, INCLUDING
APPLICABILITY OF REQUIREMENT, APPLICATION AND REVIEW
PROCEDURE, COST RECOVERY, AND DEVELOPMENT AGREEMENT;
AMENDING SECTION 21-320 OF THE VILLAGE CODE TO CLARIFY THE
APPLICABILITY OF COUNCIL REVIEW OF A TRAFFIC STUDY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Beth Berkowitz, 10160 Collins Avenue, requested that Mr. Olmedillo report on the
strength of the Ordinance.
Guillermo Olmedlllo, Olmedillo X5 — Village Consultant, reported that the Ordinance
had all of the standards that the Village needed.
Dan Holder, 24 Bal Bay Drive, voiced concem that the Ordinance didn't protect the
residents sufficiently, regarding noise. He requested that number five be added on page 3,
to include #5 to be a more than diminumous change in noise and #6 to be more than a
diminumous change in hours of activity. Assistant Mayor Blachar requested clarification on
his request. Mr. Recio explained that diminumous would be a small change with no impact.
Mr. Weiss clarified that Mr. Holder was suggesting additional categories to trigger a site
plan review. Mr. Recio voiced concern in how those items would be applied and reviewed,
in terms of what a significant change in noise would be. He explained that it would be more
subjective than he would be comfortable with.
Mr. Holder also requested that page 3 "Conditional Use will not significantly alter existing
impacts to adjacent premises" to "Conditional Use will not alter existing impacts more than
diminumous to adjacent premises."
Mayor Rosenfield clarified that there was already a noise ordinance in the Village Code.
Mr. Holder didn't think that the Code would cover the items he discussed. Mr. Recio
discussed the provision in the proposed Ordinance and the Ordinance passed under Tab
L. Mr. Weiss read the current noise ordinance. Mr. Holder spoke in favor of adding the
language he suggested.
Mr. Holder requested that the language on page 5 be changed from "If the applicant, or
any other substantially affected party" be changed to "If the applicant, or any other affected
in more than a dimenimous manner."
John Shubin voiced concern that it would be inappropriate to have someone argue that a
permitted use being converted to another permitted use would have to go through site plan
review if someone claimed that there was a diminumous increase in noise even though
both noise levels met the noise ordinance. He voiced concem about the requirement for
site plan review, if something generated slightly more noise than nothing. He thought that
the noise ordinance worked and could be enforced.
Dan Holder, 24 Bal Bay Drive, clarified that he had requested that if the change was more
than diminumous.
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 14
Dina Cellini, 211 Bal Cross Drive, discussed the noise ordinance and pointed out that
everyday noises may not be covered under the ordinance. She discussed the significant
noise coming from the Shops on Park Drive. She noted that the trees on Park Drive were
now very sparse and the noise from .the traffic and trucks were very loud, but didn't last
long enough to call someone to complain. She requested that be addressed.
Mayor Rosenfield agreed that the Shops should have some type of buffer there.
Dan Nieda, Building Official, reported that sound attenuation was part of the construction
process. He clarified that trees didn't count as a buffer, but concrete barriers did. He
discussed the Village's noise ordinance and the use of a noise meter by code enforcement.
Sybille Holder, 24 Bal Bay Drive, reported that they hear the Shops at 7:00 a.m., on Bal
Bay Drive. She spoke against the Shops being allowed to make noise before 8:30 a.m. or
after 5:30 p.m.
The motion carried (4-0), with the • roll call vote as follows: Assistant Mayor Blachar yes;
Councilwoman Cohen yes; Councilman Packer yes; Mayor Rosenfield yes; mad Councilman Sanz
absent; thus becoming Ordinance No. 2012-566.
Ordinances First Reading/Public Hearings: None.
Resolutions/Public Hearings: The following Resolution was read, by title,
by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING
SANITARY SEWER AND WATER RATES FOR THE 2012/2013 FISCAL YEAR;
ESTABLISHING AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blacker and seconded by Councilman Packer to
approve the. Resolution. The motion carried (4-0); thus becoming Resolution No. 2012-
764.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
8. RESOLUTIONS: The following Resolution was read, by title, by Mrs.
Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, CONFIRMING THE DECLARATION OF EMERGENCY
ISSUED BY THE VILLAGE MANAGER DUE TO THE SEVERE
WEATHER CONDITIONS RELATED TO HURRICANE SANDY;
TERMINATING THE STATE OF EMERGENCY; PROVIDING FOR
AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the Resolution. The motion carried (4-0): thus becoming Resolution No. 2012-765.
9. REPORTS:
A. VILLAGE MANAGER:
Bal Harbour Village Regular Council Meeting Minutes 11/20/2012 15
Discussion of Budget Revision - Christopher Wallace,
Finance Director: Mr. Treppeda reported that an Ordinance First Reading for a budget
amendment would be presented at the next meeting.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of November 20, 2012:
The list of Lobbyists registered with the Village was included in•the agenda. Mrs. Horvath
distributed an updated list at the meeting.
C. VILLAGE ATTORNEY:
Gelber Law Firm: Mr. Weiss reported that a $295.00 hourly rate
had been negotiated with the Gelber law firm. He will review the bills with Mr. Treppeda
and pass them on for approval.
SunTrust Bank Property — 9600 Collins Avenue: Mr. Weiss
confirmed that the SunTrust property was under contract, with an entity related to the Bal
Harbour Shops. He requested Council direction on whether or not to proceed to acquire the
property through eminent domain.
Neil Alter, 9801 Collins Avenue, questioned if the insurance carrier for the
Councilmembers had been advised that a law firm had .been hired, to make sure that
satisfied the insurance company's guidelines in case of litigation. Mr. Weiss clarified that
there weren't any allegations against the Council that would be covered by.insurance. He
didn't know if the Village's insurance covered accounting mistakes. He added that the
Village hadn't seen the audit from the Federal govemment yet. Mr. Alter questioned if the
regular audits would be shared with the Councilmembers. Mr. Treppeda reported that the
regular audits were shared at Council meetings.
Dina Cellini, 211 Bal Cross Drive, questioned if the Marcum report (dated March 2012)
was part of the report done for fiscal year ending September 30, 2011. Mr. Treppeda
reported that it was. Ms. Cellini noted that was presented at a June Council meeting, but no
mention was made of the concerns by Marcum about the practices being followed in the
forfeiture fund. She added that it was disregarded and not mentioned. Ms. Cellini advised
that only up to page 85 was provided on the Village web site and the compliance pages
were missing. She thought that Mr. Alter's concem in the lack of transparency in what the
Council was seeing and what the staff was sharing was legitimate.
Ms. Cellini voiced concem with what the Village was paying to defend the practices by the
actions of the Chief. She spoke in favor of a cap for the agreement with the Gelber Law
Firm. She spoke in favor of notifying the Village's insurance carrier about the Department
of Justice allegations.
Ms. Cellini suggested that instead of amending the budget to absorb the obligations of the
forfeiture fund into the general fund that those obligations be earmarked to the police
budget. She spoke against the Village's contingency or reserves being impacted due to the
actions of the Chief. She requested that line items from the forfeiture budget be presented
at the next meeting for the public to review what should and shouldn't be cut . and the
budget it should be placed in. She didn't want to absorb the cost of the forfeiture fund just
Bat Harbour Village Regular Council Meeting Minutes 11/20/2012 16
because they were committed.
Mayor Rosenfield noted that they were discussing what could and couldn't be eliminated.
Assistant Mayor Blachar left the meeting.
Councilman Packer agreed and requested that the line items be presented to the Council.
Councilwoman Cohen agreed that the Council should be aware of every step that is taken.
Mayor Rosenfield reported that all of the Council was able to meet and discuss the issue
with Mr. Treppeda. Mr. Treppeda understood the process that was requested.
Assistant Mayor Blachar retumed to the meeting.
Councilman Packer suggested that a cap of $10,000.00 be approved for the Gelber Law
Firm. Assistant Mayor Blachar spoke against a cap, since the Council didn't know what the
amount would be. Mayor Rosenfield explained that the Village hadn't received the audit
from the Department of Justice yet, so the Council could consider a cap when it knew what
the extent of it was. Mr. Weiss explained that they were careful to only use Mr. Gelber
when necessary and not to duplicate services. He noted that they were in a holding
pattern, until the audit was received from the Department of Justice.
Mr. Weiss requested direction on the SunTrust property.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to proceed
to the acquisition of the SunTrust property (through eminent domain).
Brian Mulheren, 10245 Collins Avenue, spoke against approving the motion.
Councilman Packer suggested that the property be used for a community center and/or the
Police Department.
Anamarie Stoppa, 77 Camden Drive, thought that the Village Attorney had said that it
would take years for eminent domain. She spoke in favor of letting Mr. Whitman have the
property.
Mr. Weiss disagreed that he had said it would take years and explained that there was a
process for eminent domain.
Assistant Mayor Blachar spoke in favor of waiting, since that could always be done in the
future. Councilman Packer spoke against waiting and explained the need to act as quickly
as possible, since the new owners would have the right to extend the lease, which would
cost the Village more money. Councilwoman Cohen agreed with Councilman Packer.
Mayor Rosenfield spoke in favor of waiting, since the Council hadn't asked the residents
and many residents were opposed to having a community center on that properly. She was
not ready to commit to request eminent domain. Councilman Packer discussed the costs
for events hosted by the Village outside and the loss of money due to renting items as well
as events being rained out. Councilwoman Cohen spoke in favor of pursuing it and noted
that the majority of residents agreed that a public space or a park was needed for the
community to congregate. Mayor .Rosenfield spoke against committing to it at this time,
without more information. Councilwoman Cohen explained that approval would only be to
investigate.
Bal Harbour Village Regular Council Meeting Minutes 11/20/2012 17
The .motion tied (2 2), .with the roll call vote as follows: Assistant Mayor Blachar no:
Councilwoman Cohen yes: Councilman Packer yes: MayorRosenfield no: and Councilman Sanz
absent
Councilman Packer requested that the item be revisited, when the entire Council was
present.
D. MAYOR AND COUNCIL: No items were discussed.
10. OTHER BUSINESS:
Public Comment:
Lynne Bloch -Mullen, 10150 Collins Avenue, agreed with Mayor Rosenfield. She
suggested that if money had to be spent to buy something, then a building on the west side
should be bought for a community center that's not surrounded by streets that are
dangerous to cross.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blachar and seconded by Councilwoman Cohen to adjourn. The motion carried
(4 0) and the meeting was adjourned at 11:24 n.m.
Attest: ��'ay • Jean R
Ellisa L. Horvath, MM ge Clerk
Bal Harbour Village Regular Council Meeting Minutes 11/20/2012 18