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HomeMy Public PortalAbout2014-07-15 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES REGULAR MEETING — JULY 15, 2014 The Regular Meeting of the Bal Harbour Village Council was held on July 15, 2014, at the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida). CALL TO ORDER: The meeting was called to order at 7:06 p.m. by Mayor Rosenfield. The following were present: Also Present: Mayor Jean Rosenfield Assistant Mayor Joni D. Blachar Councilwoman Patricia Cohen Councilman Martin Packerl Councilman Jaime M. Sanz2 Jorge M. Gonzalez, Village Manager Ellisa L. Horvath, MMC, Village Clerk Richard Jay Weiss, Village Attorney PLEDGE OF ALLEGIANCE: The Pledge was previously done at the General Employees Retirement Board Meeting. Mayor Rosenfield reviewed the rules for decorum at the Council meeting. REQUESTS FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS: None. PRESENTATIONS AND AWARDS: None. CONSENT AGENDA: The following members of the public requested the removal of items: Dina Cellini (211 Bal Cross Drive) It was the consensus of the Council to remove item C7A, for discussion. A motion was offered by Councilman Sanz and seconded by Assistant Mayor Blachar to approve the remaining items on the Consent Agenda. The motion carried (5-0); thus approving the following items: C6 - Council Minutes C6A Regular Council Meeting June 17, 2014 1 Councilman Packer left the meeting during the discussion of Item R5A. Councilman Packer returned during the discussion of Item R7B. 2 Councilman Sanz provided Form 8B Memorandum of Voting Conflict, as attached to the minutes, for Item R7D. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 1 C7 — Resolutions C7B — Resolution No. 2014-845: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; RATIFYING THE ENGAGEMENT OF ISTUETA ROOFING TO PERFORM EMERGENCY REPAIRS OF THE ROOF AT THE VILLAGE HALL AND PUBLIC WORKS BUILDING; RATIFYING PAYMENT IN THE AMOUNT OF $5,905.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7C — Resolution No. 2014-846: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING FUNDING AND AUTHORIZING ARGENTINA MEDIA FAM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. C7D — Resolution No. 2014-847: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ENGAGEMENT OF PEAR PRODUCTIONS, LLC. TO PROVIDE ENTERTAINMENT SERVICES FORA LABOR DAY EVENT AT A COST OF $7,800.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. REGULAR AGENDA: R5 — Ordinances R5A: The following Ordinance title was read by Mrs. Horvath: AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY CREATING DIVISION 1 "GENERALLY" OF ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF CHAPTER 2 "ADMINISTRATION"; BY REPEALING DIVISION 3 "GATED RESIDENTIAL SECTION ADVISORY COMMITTEE" OF ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF CHAPTER 2 "ADMINISTRATION"; BY RELOCATING AND AMENDING DIVISION 2 "RESORT TAX COMMITTEE" OF ARTICLE II "RESORT TAX" OF CHAPTER 18 "TAXATION AND FINANCE"; BY RELOCATING AND AMENDING ARTICLE III "ARCHITECTURAL REVIEW BOARD" OF CHAPTER 5.5 "APPEARANCE CODE" OF THE VILLAGE CODE OF ORDINANCES; ESTABLISHING DIVISION 4 "BUDGET ADVISORY COMMITTEE" OF ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF CHAPTER 2 "ADMINISTRATION"; PROVIDING FOR REMOVAL OF REPEALED PROVISIONS FROM THE VILLAGE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. First Reading. Mr. Gonzalez reviewed the Ordinance. Mayor Rosenfield opened the public hearing. The following members of the public provided comments: Daniel Holder (24 Bal Bay Drive) Anamarie Kelly Stoppa (9149 Collins Avenue, Surfside) Dina Cellini (211 Bal Cross Drive) Stuart Sobel (271 Bal Cross Drive) Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 2 Mr. Gonzalez addressed comments regarding the dissolution of the Gated Residential Section Advisory Committee (RAC). Mr. Weiss discussed the opinions prepared by his office, regarding the Gated Area. He also addressed comments regarding a prior lawsuit (Gavigan), regarding the special assessment for the Gated Area. The Council considered a request for Mr. Weiss to review the documents, to see if it would change the Council's view on dissolving the RAC. Mr. Weiss will do so, before second reading, and let the Council know if there would be any changes on the recommendation to dissolve the RAC. The Council reviewed the Resort Tax Committee. It was the consensus of the Council that no less than four residents should serve on the Resort Tax Committee. It was the consensus of the Council to allow members to physically or virtually participate in meetings, to meet the attendance requirement. Mr. Weiss will clarify an absence would include either a physical or virtual absence. The Council discussed the Architectural Review Board. It was the consensus of the Council to include a layperson on the Architectural Review Board. The Council discussed whether or not a super majority vote (page 63) should be allowed, for someone to serve on more than one Committee/Board. It was the consensus of the Council to remove the super majority language and that persons shall not serve on more than one Board/Committee. Councilman Packer left the meeting (7:44 p.m.). There being no additional comments, Mayor Rosenfield closed the public hearing. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to approve the Ordinance. The motion passed (4-0), with the roll call vote as follows: Assistant Mayor Blachar yes; Councilwoman Cohen yes; Councilman Sanz yes; Mayor Rosenfield yes; Councilman Packer absent. Mr. Weiss will provide an alternate Ordinance on second reading, with the following changes: at least four members of the Resort Tax Committee shall be residents, clarify the attendance requirement (physical or virtual), and remove the super majority language in Section 2-48. Mr. Gonzalez clarified that once the Ordinance was adopted, the RAC would be abolished. Mr. Gonzalez noted that there was currently a vacancy on the Resort Tax Committee. That vacancy was discussed under New Business. R7 — Resolutions R7A: Budget and Finance Related Resolutions: R7A1: The following Resolution title was read by Mrs. Horvath: Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 3 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME, AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR 2014-15; AS REQUIRED BY LAW; DIRECTING THE VILLAGE CLERK TO FILE SAID RESOLUTION WITH THE PROPERTY APPRAISER OF MIAMI-DADE COUNTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez reviewed the Resolution and recommended a millage rate of 2.2678, which could be lowered. He noted that the Budget Committee had also recommended the 2.2678 millage rate. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve the Resolution, set a millage rate of 2.2678, and to schedule the First Public Hearing for Thursday, September 11, 2014, at 5:01 p.m. The following members of the public provided comments: Seth E. Salver (10155 Collins Avenue and Budget Committee Chair) Daniel Holder (24 Bal Bay Drive) The Council discussed the County Value Adjustment Board lowering property values on properties. Mr. Weiss noted that a cost benefit analysis of someone attending from the Village was looked at and determined not to be beneficial to the Village. He added that the County Attorney did a good job to keep the values from being lowered. The motion carried (4-0). Mr. Gonzalez requested approval of the second budget hearing date for Tuesday, September 23, 2014, at 5:01 p.m. A motion was offered by Councilman Sanz and seconded by Assistant Mayor Blachar to amend the Resolution to include the Second Budget Hearing date of Tuesday, September 23, 2014. The motion to amend carried (4-0). The motion approving the Resolution, as amended, carried (4-0); thus becoming Resolution No. 2014-848. R7A2: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR, FLORIDA; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve the Resolution. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 4 Mr. Gonzalez explained the Resolution, with the fee to remain unchanged. The following members of the public provided comments: Dina Cellini (211 Bal Cross Drive) Mr. Gonzalez was directed to look into promoting a recycling program. He will also look into the County Ordinance requiring recycling, but discussed issues with the County enforcing that Ordinance. The motion carried (4-0); thus becoming Resolution No. 2014-849. R7A3: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to approve the Resolution. Mr. Gonzalez explained the Resolution and spoke in favor of the Gated Residential Section Advisory Committee (RAC) recommendation. Mr. Weiss noted that no General Fund money was being spent and the expenses were paid through the assessment, including the fee received by the Village for administration of the fund. The following members of the public provided comments: Anamarie Kelly Stoppa (9149 Collins Avenue, Surfside) The motion carried (4-0); thus becoming Resolution No. 2014-850. R7A4: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED INCREASE IN THE WATER AND SEWER RATES CHARGED BY BAL HARBOUR VILLAGE, RESULTING FROM RATE INCREASES FROM THE VILLAGE'S WHOLESALE SERVICE PROVIDERS - MIAMI-DADE COUNTY AND THE CITY OF MIAMI BEACH; DETERMINING DATE, TIME, AND PLACE OF THE PUBLIC HEARING; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to approve the Resolution. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 5 Mr. Gonzalez explained the Resolution and reported that customers would be notified via the water bills. No comments were provided by the public. The motion carried (4-0); thus becoming Resolution No. 2014-851. R7B: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, IN ACCORDANCE WITH SECTION 6.03 OF THE MIAMI-DADE COUNTY CHARTER; SUBMITTING PROPOSED CHARTER AMENDMENT CONCERNING THE PURCHASING AUTHORITY OF THE VILLAGE MANAGER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING AN ELECTION ON THE PROPOSED AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, THE 4TH DAY OF NOVEMBER, 2014; PROVIDING NOTICE OF ELECTION; PROVIDING FOR BALLOTING; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Gonzalez explained the following two alternatives for consideration of the Manager's purchasing authority: Option 1: The Manager's purchasing authority will be established by an Ordinance adopted by the Village Council. Option 2: The Resolution proposed that Section 29 of the Village Charter be amended to an amount agreed upon by the Village Council. Mr. Gonzalez reported that the Budget Committee had recommended Option 1. He clarified that no other municipality had the purchasing authority in the Charter, but rather had it by ordinance. Mr. Weiss agreed and spoke in favor of the purchasing authority being provided for by ordinance. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve the Resolution, with Option 1. The following members of the public provided comments: Stanley Tate (9999 Collins Avenue) Dina Cellini (211 Bal Cross Drive) Beth Berkowitz (10160 Collins Avenue) Anamarie Kelly Stoppa (9149 Collins Avenue) Councilman Packer returned to the meeting (8:44 p.m.). The Council discussed the Resolution, as well as a purchasing ordinance. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 6 The motion carried (5-0); thus becoming Resolution No. 2014-852. R7C: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SELECTING CHANDELIER CREATIVE FOR THE PROVISION OF CREATIVE ADVERTISING SERVICES AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Mayor Rosenfield discussed the branding process. A motion was offered by Councilman Sanz and seconded by Assistant Mayor Blachar to approve the Resolution. Carolyn Travis — Village Director of Tourism Marketing, explained the process (Request for Proposals) for advertising creative, the Evaluation Committee recommendation to select Chandelier, and the Resort Tax Committee recommendation to select Chandelier. The following members of the public provided comments: Dina Cellini (211 Bal Cross Drive) Penny Sepler (10275 Collins Avenue) Stanley Tate (9999 Collins Avenue) The Council commended Ms. Travis on her work. The Council discussed the items that Chandelier would be responsible for. The motion carried (5-0); thus becoming Resolution No. 2014-853. Councilman Sanz noted that he would be recusing himself from the next item (R7D) and left the meeting. Mr. Weiss confirmed that in compliance with direction from the Miami - Dade County Commission on Ethics and Public Trust, Councilman Sanz would be abstaining from voting on any matters dealing with the Bal Harbour Shops expansion. R7D: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A COST RECOVERY LETTER AGREEMENT WITH THE BAL HARBOUR SHOPS, LLLP, ASSURING PAYMENT OF THE VILLAGE'S EXPENSES FOR CONSULTANT REVIEW OF ITS PROPOSED PROJECT, AS PROVIDED IN EXHIBIT "A;" AND PROVIDING AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to approve the Resolution. Mr. Gonzalez explained the Resolution. Mr. Weiss noted that Attorney Susan Trevarthen would be the point person dealing with the expansion of the Bal Harbour Shops. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 7 The following members of the public provided comments: Stanley Tate (9999 Collins Avenue) Anamarie Kelly Stoppa (9149 Collins Avenue, Surfside) Dan Holder (24 Bal Bay Drive) Susan Trevarthen — Village Attorney, explained the Cost Recovery Letter Agreement with the Bal Harbour Shops, LLLP. Mr. Gonzalez reviewed the Bal Harbour Shops zoning. The motion carried (4-0); thus becoming Resolution No. 2014-854. Mr. Gonzalez requested authorization to proceed with hiring professionals (within the $150,000.00 amount), as part of the review of the Bal Harbour Shops expansion process, and to bring those contracts back for ratification by the Council, at the next meeting. A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to authorize the Village Manager to hire professionals and to bring back the contracts for ratification, at the next meeting. The motion carried (4-0). Councilman Sanz returned to the meeting. The following item, which was removed from the Consent Agenda, was discussed: C7A: The following Resolution title was read by Mrs. Horvath: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AND AUTHORIZING EXECUTION OF A TURF AND LANDSCAPE MAINTENANCE JOINT PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (THE "FDOT")AND THE VILLAGE FOR THE TURF AND LANDSCAPE MAINTENANCE SERVICES ON COLLINS AVENUE AND NW 96TH STREET AT THE ANNUAL COST OF $8,671.34, TO BE PAID TO BAL HARBOUR VILLAGE BY FDOT; AND AUTHORIZING EXECUTION OF SUCCESSIVE RENEWALS IF OFFERED BY FDOT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AND EFFECTIVE DATE. The following members of the public provided comments: Dina Cellini (211 Bal Cross Drive) John Oldenburg — Village Director of Parks and Public Spaces, noted that the Village should be able to paint the bridge shortly. Mr. Gonzalez anticipated that to be done by the Fall. A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve the Resolution. The motion carried (5-0); thus becoming Resolution No. 2014-844. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 8 R9 — New Business and Council Reports: R9A - Discussion of Meeting Decorum (Requested by Assistant Mayor Blachar : Assistant Mayor Blachar noted that this item was discussed earlier in the meeting. R9B — Update on Bus Shelters (Requested by Councilman Sanz): John Oldenburg — Village Director of Parks and Public Spaces, provided an update on the bus shelters. He noted that the leaks had been resolved and the pavers would be sealed. He discussed the next step to install the landscaping. Mr. Gonzalez noted that the only pending item on the shelters was the landscaping component. The following members of the public provided comments: Penny Sepler (10275 Collins Avenue) R9C - Public Comment: The following members of the public provided comments: Anamarie Kelly Stoppa (9149 Collins Avenue, Surfside) Seth Salver (10155 Collins Avenue) Dina Cellini (211 Bal Cross Drive) Abe Gotman (9601 Collins Avenue) Stanley Tate (9999 Collins Avenue) Dan Holder (24 Bal Bay Drive) Penny Sepler (10275 Collins Avenue) Mr. Gonzalez will provide a Manager report, on his discussions with the Bal Harbour Shops. Mr. Gonzalez was directed to provide a traveling microphone, at the Council meetings. Mr. Weiss clarified that the Ordinance regarding the Village Committees (R5A) would be effective December 1st, so the current members were still governed by the sunshine laws. He added that the section pertaining to the Gated Residential Section Advisory Committee (RAC) could be effective upon adoption of the Ordinance. Mr. Gonzalez clarified that Florida statutes pre-empted the Village from imposing any restrictions on the sidewalks. Councilman Sanz spoke in favor of continuing to look into the Village's ability to place restrictions. Mr. Weiss noted that it was a State law, but suggested that Village Lobbyist Ron Book provide something at the next legislative session. Mr. Gonzalez will list sidewalk restrictions as a topic, for the next legislative agenda. Mayor Rosenfield discussed the key she provided to a Village resident, who celebrated her 100th birthday. She offered to provide keys to any Village residents turning 100. Councilman Packer discussed violation of the construction hours, at the Consultatio project. He requested that the fee for violation of construction hours be raised (starting with $2,500.00 and increasing to $5,000.00 for the second violation). He suggested that Mr. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 9 Gonzalez be directed to work with the Village Attorney, to provide a new violation schedule. The Council discussed the current seat available on the Resort Tax Committee. A motion was offered by Councilman Sanz and seconded by Councilman Packer to appoint Beth Berkowitz to the Resort Tax Committee, until December 2014. The motion carried (5- Beth Berkowitz - 10160 Collins Avenue, addressed the Council. Councilwoman Cohen discussed providing the agenda for the public, at the meeting. Mr. Gonzalez will provide a couple of copies of the agenda, in the back of the room. Mr. Gonzalez reported that the Labor Day event (Sunday before Labor Day) would be held at the Village Park and postcards would be sent to residents. R10 — Village Manager Report: R10A — Report on the Results of Village Manager Review of the Matters Raised at the June 17, 2014 Council Meeting Regarding the Construction at the Bal Harbour Shops and Allegations of Work Being Done without a Permit: The report was provided in the agenda. R11 — Village Clerk Report: R11A - Lobbyist Registration Report —As of July 15, 2014: The report was provided in the agenda. R12 — Village Attorney Report: Mr. Weiss discussed a suit filed against the Village, regarding a technical violation of the public records law. He noted that other municipalities throughout the State had been sued by the same law firm, for the same violation. He reported that the offer to settle was $2,900.00. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to authorize payment of $2,900.00, to settle the suit. The motion carried (5-0). The following members of the public provided comments: Anamarie Kelly Stoppa (9149 Collins Avenue) Mayor Rosenfield announced that the next meeting was scheduled for September 11th at 5:01 p.m. (First Budget Hearing followed by the Council meeting). ADJOURN: There being no further business, a motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to adjourn. The motion carried (5-0) and the meeting was adjourned at 10:08 p.m. Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 10 Attest: Ellisa L. Horvath, MIjAS!, Village Clerk Bal Harbour Village Regular Council Meeting Minutes 07/15/2014 11 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME Sanz, Jaime M. NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Bal Harbour Village Council MAILING ADDRESS 655 - 96th Street CITY Bal Harbour COUNTY Miami -Dade THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ['CITY ❑ COUNTY ❑OTHER LOCAL AGENCY DATE ON WHICH VOTE OCCURRED July 15, 2014 NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ❑� ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. t APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Jaime M. Sanz hereby disclose that on jUIy 15 20 14 (a) A measure came or will come before my agency which (check one) a inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: which Council Agenda Item R7D: A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A COST RECOVERY LETTER AGREEMENT WITH THE BAL HARBOUR SHOPS, LLLP, ASSURING PAYMENT OF THE VILLAGE'S EXPENSES FOR CONSULTANT REVIEW OF ITS PROPOSED PROJECT, AS PROVIDED IN EXHIBIT "A;" AND PROVIDING AN EFFECTIVE DATE. The issue before the Council was related to a major expansion of the Bal Harbour Shops. I am a Department Manager at Neiman Marcus, which is one of the two largest tenants at the Bal Harbour Shops. The expansion would significantly enhance the economic prospects of the Shops' major tenants. As an employee of one of the business entities which may be directly affected by the action and through my position at Neiman Marcus I may directly or indirectly, profit or be enhanced by the action, inasmuch as a major financial benefit to Neiman Marcus may also benefit its managerial staff. p7 - 5 � 9 Date Filed ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2