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Home My Public Portal About2016-03-04 Special MeetingBAL HARBOUR VILLAGE Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. VILLAGE COUNCIL SPECIAL MEETING MINUTES MARCH 4, 2016 AT 2:00 P.M. Bal Harbour Village Hall, 655 96t Street, Bal Harbour, Florida 33154 1. CALL TO ORDER/ROLL CALL - Mayor Packer called the meeting to order at 2:00 P.M. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver (attend via Skype) The following were not present: Councilman Jaime M. Sanz Also Present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Jay Weiss, Village Attorney 2. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Lynn Bloch Mullen followed by a moment of silence. 3. Discussion to consider changing the date of the previously scheduled March 17, 2016 Special Council Meeting and Local Planning Agency Meeting. Bal Harbour Village Special Council Meeting Minutes — March 4, 2016 Item C6B Richard Weiss, Village Attorney stated that the rule that quorum was met by those physically present on the dais, though other members may attend by electronic means and have their vote counted. Mayor Packer set the ground rule for the meeting that the only item to be discussed by the Council and the public was the consideration of changing the date of the March 17, 2016 Special Council Meeting and Local Planning Agency Meeting. Jorge Gonzalez Village Manager stated that the instructions given by the Council to staff in November of 2015 regarding the application by the Bal Harbour Shops was to proceed to negotiate a development agreement with the Shops and present it to the Council 30 days prior to setting a public meeting. He stated that in February of 2016 the meeting was set for March 17, 2016. Being that the Village Attorney was not able to attend the March 17 meeting, the concern was raised that the meeting should be scheduled to a future date when the Village Attorney could be present. Mr. Weiss commented he had raised the issue of his not being able to attend at the last Council meeting, and that he was confident that his staff, Susan Trevarthen and Gail Serota, were technically capable of providing counsel regarding zoning issues and the development agreement. Mayor Packer commented that he had received many calls asking to change the date of the meeting when Mr. Weiss could be present. Assistant Mayor Cohen stated that Mr. Weiss' absence was not clearly announced and that she too had received many calls from residents and stated that it was imperative that he be present. Councilman Groisman. stated that he did not have an issue which attorney was present and that the Council had the opportunity to revisit the schedule after Mr. Weiss announced that he would not be present. He commented that he was present to listen to the concerns. Councilman Salver commented that he also recalled Mr. Weiss' announcement that he could not be present and since that the meeting had been publicly noticed and advertised, he felt the most transparent move to make would be to maintain the March 17 date. Babek Raheb (128 Balfour Drive) asked Councilman Groisman if would have changed the date at the last meeting, to which Mr. Groisman replied that the issue Bal Harbour Village Special Council Meeting Minutes - March 4, 2016 could have been reconsidered. Mr. Raheb spoke in favor of rescheduling the meeting. Lynn Bloch -Mullen (10150 Collins Avenue) commented that the lead counsel should be present. Janie Copperman (Bal Harbour Tower) commented that the March 17 date should be maintained; that changing the date would inconvenience the people of Bal Harbour. Mayor Packer commented that the Council does work for the people. Councilman Groisman suggested that the Council consider an agreed upon date. Ree Kelly (2000 Towerside Ter., Miami Shores) commented that Mr. Weiss's presence on such an important issue was of utmost importance. Jorge Gonzalez commented that in looking at calendars and travel schedules three potential available dates would be April 13, April 19, and April 20. He commented that one of the items would require a referendum vote, but in changing the March 17 date, the window for a May referendum closes and according to the Miami -Dade County Elections department the next possible election dates would be August 2016 and November 2016. A general discussion ensued regarding alternative dates. Neil Alter (9801 Collins Ave.) spoke in favor of having Mr. Weiss present. John Shubin (Shubin & Bass 46 SW 1st Street) commented that there would be two readings with no final decision being made on first reading. Mr. Weiss added that once the Council has made the decision on the sale of Village Hall, the remaining items would require two readings. Mr. Shubin asked that the dates of the first and second reading me set and announced, then provide input on how the referendum date would be affected. Daniel Holder (24 Bal Bay Dr.) expressed his view that the date of the meeting should be postponed. Brian Mulheren (10245 Collins Ave.) spoke in favor of having Mr. Weiss present. Bruce Halpern (9601 Collins Avenue) stated that the most important item would be when the voters could vote and spoke in favor of maintaining the March 17 date. Bal Harbour Village Special Council Meeting Minutes — March 4, 2016 13 Beth Berkowitz (10160 Collins Ave.) spoke in favor of Mr. Weiss being present and questioned the credibility of comments from participants that are rarely seen at Council meetings. Councilman Groisman commented that he welcomes all comments whether or not they come to all meetings or not. Matthew Lazenby (9700 Collins Avenue) praised all the attorneys that have worked on the project and commented that what is under consideration is the shifting of dates of a process not just a single date. Councilman Groisman left the dais at 2:53 P.M. and returned to the dais at 2:54 P.M. David Paul (9801 Collins Avenue) spoke in favor of moving the March 17 date due to the complexity of the subject matter. Asst. Mayor Cohen asked the Village Attorney to explain the quasi-judicial proceedings. Mr. Weiss explained that there are three separate sections to the meeting. The first would be the presentation, public input and the Council acting as a legislative body. The second part would be a combination of the Council acting as a legislative body and quasi-judicial body. The third part would be the Council acting as a local planning agency. Assistant Mayor Cohen stated that given the complexity of the issue, she would need legal guidance from Mr. Weiss and not his staff. A Motion to Change the Meeting Date of the March 17, 2016 to April 13, 2016 was moved by Mayor Packer and seconded by Assistant Mayor Cohen. Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz Mayor Martin Packer X Councilman Groisman commented before his vote that he came today with an open mind and that he respects the feelings of the Mayor and the Assistant Mayor. Bal Harbour Village Special Council Meeting Minutes — March 4, 2016 The Motion passed by Role Call Vote (3-1) with Councilman Salver voting in the negative. A general discussion ensued regarding the logistics of the April 13 meeting, providing for specifically timed sections. There was a general agreement that the April 13 meeting should begin at 5:45 P.M. END OF REGULAR AGENDA The Meeting was adjourned at 3:05 P.M. Attest. Dwight anie, Village Clerk Mayor Martin acker Bal Harbour Village Special Council Meeting Minutes - March 4, 2016 P a g e l 5 THIS PAGE IS LEFT INTENTIONALLY BLANK