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HomeMy Public PortalAbout2016-04-19 Regular 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 REGULAR MEETING MINUTES APRIL 19, 2016 AT 7:00 P.M. Bal Harbour Village Hall • 655 - 96t Street • Bal Harbour • Florida 33154 CALL TO ORDER- Mayor Packer called the meeting to order at 7:06 P.M. and wished all a pleasant holiday. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz Also Present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Jay Weiss, Village Attorney PLEDGE OF ALLEGIANCE was led by Chief Mark Overton and was followed by a moment of silence. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Mr. Weiss introduced Item R9E, a discussion regarding the engagement of a private attorney for Mayor Martin Packer in regards to a public records request. A Motion to add to the agenda item R9E - Discussion Regarding Engaging Private Council was Moved by Councilman Gabriel Groisman and Seconded by Mayor Martin Packer. Vote: the Motion passed Unanimous Voice Vote (5-0). There were no presentations or awards. Item C6A CONSENT AGENDA C6 - COUNCIL MINUTES C6A Regular Council Meeting Minutes - March 22, 2016 A Motion to Approve the Consent Agenda was Moved by Councilman Seth Salver and Seconded by Councilman Jaime Sanz. Vote: the Motion passed by Unanimous Voice Vote (5-0). REGULAR AGENDA R1A Verbal Report on the Bal Harbour Shops Expansion Project. (VILLAGE MANAGER) Jorge M. Gonzalez (Village Manager) commented that as a result of the April 13, 2016 Special Council Meeting there was no need to have R1 A on this agenda. R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING SECTION 20-30 "PAYMENT OF BILLS -PROVIDING FOR MANNER OF PAYMENT, LATE CHARGE FOR DELINQUENCY, IMPOSITION OF SPECIAL ASSESSMENT LIEN, COLLECTION" OF THE VILLAGE CODE OF ORDINANCES, TO PERMIT ADMINISTRATIVE ADJUSTMENTS TO OUTSTANDING WATER AND SEWER CHARGES RESULTING FROM UTILITY SYSTEM LEAKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. FIRST READING (VILLAGE MANAGER/FINANCE DEPT.) The item was Moved by Mayor Martin Packer and Seconded by Councilman Jaime Sanz. Jorge M. Gonzalez (Village Manager) commented that as a result of recent upgrades of the finance system and water meters, issues that have occurred could be resolved administratively if the changes proffered in R5A were in place. Yes No Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X Bal Harbour Tillage Regular Council Meeting Minutes -April 19, 2016 2 Mayor Martin Packer X Vote: Motion passed unanimously by Roll Call Vote (5-0). R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE BUILDING DIRECTOR'S DETERMINATION THAT A WAIVER OF PLAT APPLICATION BY FLAMINGO WAY ENTERPRISES, LLC, SEEKING TO CREATE TWO SINGLE FAMILY RESIDENTIAL LOTS FROM AN APPROXIMATELY 2.67 ACRE PORTION OF TRACT "E" OF THE BAL HARBOUR RESIDENTIAL SECTION PLAT, GENERALLY LOCATED SOUTH OF BAL BAY DRIVE ON THE NORTH SIDE OF THE YACHT BASIN MEETS THE VILLAGE CODE OF ORDINANCES; INSTRUCTING THE VILLAGE CLERK TO TRANSMIT THIS RESOLUTION TO MIAMI-DADE COUNTY FOR ITS REVIEW; PROVIDING FOR VIOLATION OF CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. (BUILDING DEPARTMENT) The item was Moved by Mayor Martin Packer and Seconded by Assistant. Mayor Cohen. Jorge M. Gonzalez (Village Manager) introduced the item commenting that the ultimate decision would be made by Miami -Dade County. He described the amendment to the submittal from three to two lots. Michael Miller (Village Planner) described the staff review for technical sufficiency with coordination with engineering staff. He described a condition for new drainage lines would not the setback requirements and the review of level of service requirements for open space. He reviewed the history of the PC (Private Club) Zoning District, the Village's Comprehensive Plan, Village's Zoning Code and the policy of adhering to the element of the Plan, the Future Land Use Map. Councilman Groisman asked for clarification of the Comprehensive Plan and the Future Land Use Map after which a general discussion regarding whether or not there was a conflict between the Code and the Plan, the FLUM designating the use recreational, the Code allowing a residential use. Mr. Miller then reviewed on the issue of concurrency, providing a brief history, commenting that the Village has adopted Miami -Dade County's concurrency standard of 2.75 acres of open space land per 1000 residents. He commented given all the changes the Village would be five tenths of an acre short of creditable open space, which would be cured by the Harbour Way median. Bel Harbour Village Ragular Council Meeting Minutes -April 19, 2016 = l 3 Mayor Packer asked for clarification of the shortage of creditable open space. Assistant Mayor Cohen commented that the open space in the Gated Community would not be accessible to all Village residents. Mr. Miller commented that the developer, not the Village, is responsible for curing the deficit of open space when they come in for a building permit, that plats are not a development order but only look at the shape of property and whether or not it would accommodate an intended use. Susan L. Trevarthen (Village Attorney) clarified the plat process that the Village Planner's approach was acceptable. Councilman Groisman questioned the Village Planner about the compliance of the Village Zoning regarding what would be considered waterfront property. Mario Garcia Serra (Greenberg Traurig) representing Flamingo Way Enterprises, LLC. commented that the request of the applicant was in compliance with the Code and had had addressed all of the concerns of the Village Council and requested approval being that all criteria require by the code had been met. He commented that the concurrency issue would need to be decided at the time of impact and that the overall use of the property would be a recreational purpose. Jeffery Bercow (Bercow, Radell, Fernandez) -Representing Howard Cohen And Neighbors in opposition to the Waiver of Plat. He commented that the application violates Florida Law and the Village Comprehensive Plan and the Future Land Use Map, that the use of the property was designated as recreational, not residential. He cited to cases a court must review with a strict scrutiny standard and that consistency with the Comprehensive Plan was not a discretionary matter. He further commented that this is a development order. He commented that, if forced to go to court, the Village's open space concurrency system would be on trial. Councilman Gabriel Groisman requested clarification -on the calculation of Open Space, to which Mr. Bercow provided his assessment of available Open Space. He requested the Council to deny the waiver of plat. Daniel Holder (24 Bal Bay Drive) commented that two houses would be an improvement to a yacht club. Brian Mulheren (10245 Collins Ave.) commented on the importance of green space and expressed is opinion against a residential use. Bruce Gelb (154 Camden Drive) expressed his opinion against the waiver of plat in that the view that he had when he moved to the neighborhood would change. David Wolf (232 Bal Bay Drive) commented that conflicting information would need to be corrected before a decision is made and that the community should have the opportunity to participate. Bal Harbour Village Regular Council Meeting Minutes —April 19, 2016 Joe lmbesi (Owner of the Yacht Club) described his improvement of the property and provided a brief history of the previous re -platting. He described the past smooth operation of the marina and his intent to protect his equity. Ree Kelly Stoppa (2000 Towerside Ter., Miami Shores) commented that the matter should be postponed until current litigation is resolved. Mario Garcia Serra (Greenberg Traurig) representing Flamingo Way Enterprises, LLC. provided rebuttal to comments offered, stating that Village Code has been fulfilled with this application. He emphasized that the platting process was a "drawing of lines" and that concurrency would be determined at impact. He provided a description Miami -Dade County's concurrency system, stating that all criteria had been met and requested the Council approve the waiver of plat. Councilman Groisman requested clarification of when the concurrency requirements would be met, to which Mr. Garcia Serra replied that the requirements would be addressed at the time of impact. Jonathan H. Kaskel (600 Brickell Avenue, Miami) representing Bal Harbour Yacht Club and Flamingo Way Enterprises, LLC. urged the Council to follow the recommendation of the Village Planner and Village Attorney commenting that the legal requirements have been met. Mario Garcia Serra (Greenberg Traurig) representing Flamingo Way Enterprises, LLC. commented that the issue in front of the Council should not be tied to current litigation. Jeffery Bercow (Bercow, Radell, Fernandez) representing Howard Cohen and neighbors described the title restriction records for the property and suggest that the owner conduct a title search. He commented that the Comprehensive Plan trumps the Zoning Code. Mario Garcia Serra (Greenberg Traurig) representing Flamingo Way Enterprises, LLC. responded to Mr. Bercow that there are no title restrictions. Mayor Packer reminded all that the Council is not a court. Councilman Groisman clarified his official position. Mr. Weiss commented that issue of private deed restrictions was not under consideration by the Council. Ms. Trevarthen clarified concurrency requirements according to Miami -Dade County code. Councilman Gabriel Groisman requested clarification on zoning issue regarding waterfront properties with setbacks, to which Ms. Trevarthen replied that by definition this is a waterfront lot. Assistant Mayor Cohen expressed her concern of the open space concurrency issue. Mr. Gonzalez described the next item, R7B, and Assistant Mayor Cohen suggested Bal Harbour Village Regular Council Meeting Minutes -April 19, 2016 1 5 more time to review the item. Councilman Sanz expressed is doubt concerning the item and Councilman Groisman expressed that questions that he has still need to be answered. Mr. Gonzalez described the next steps with Miami -Dade County, should the waiver be approved. Ms. Trevarthen commented on the inclusion of review by the Architectural Review Board. Mr. Weiss stated that the Village Planner's interpretation of the concurrency issue and Comprehensive Plan/Zoning Code were supportable, but should the Council wish for further research, he would be glad to comply. A Motion to continue the public hearing on the item to the May 17, 2016 Regular Council Meeting was Moved by Mayor Martin Packer and Seconded by Councilman Gabriel Groisman. Vote: the Motion passed by unanimous voice vote (5-0). R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; SUPPORTING AND ENDORSING THE SOUTH FLORIDA PARKS COALITION CHARTER AND THE PRINCIPLES ON WHICH IT STANDS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) The item was Moved by Councilman Gabriel Groisman and Seconded by Mayor Martin Packer. Jorge M. Gonzalez (Village Manager) introduced the item commenting that Bal Harbour was one of the last municipalities in Miami -Dade County yet to support the County's efforts to expand public spaces. John Oldenburg (Director of Parks and Public Spaces) provided an overview of the Parks and Opens Space Masterplan adopted in February of 2008. He commented that the resolution would allow Bal Harbour to work collaboratively with the County, in opening up, connecting and maintaining recreational spaces for the public. Alissa Turtletaub (Miami Dade County Parks, Recreation, and Open Spaces - Senior Planner) entertained questions from the Council. Assistant Mayor Cohen asked for more information on the connecting of open -spaces using the Haulover Bridge as an example. She asked Mr. Oldenburg to explain the ownership of the Beach to which he replied that the area west of the dune is Bal Harbour's by easement, and that the Beach is a State beach with Bal Harbour being the caretaker. Councilman Groisman reiterated that the passage of the resolution, although non- binding, was an endorsement of the County's principals; that these principals should be taken seriously in moving forward as a Council due to the Village's scarcity of open space. He suggested drafting a resolution that would "give teeth" to the principals. Bal Harbour Village Regular Council Meeting Minutes -April 19, 2016 Assistant Mayor Cohen asked why we were the last of the Miami -Dade Communities to support this effort, to which Mr. Gonzalez commented that it simply had not been brought to the Council. Vote: the Motion passed by unanimous voice vote (5-0). Councilman Groisman left the Dais at 9:20 P.M. R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A PROPOSAL FROM ATLANTIC BUS SALES FOR THE PURCHASE OF A 2016 ELDORADO ADVANTAGE SHUTTLE BUS AND ASSOCIATED COSTS NOT TO EXCEED SIXTY SIX THOUSAND ONE HUNDRED EIGHTY THREE DOLLARS ($66,183.00); AUTHORIZING THE SALE OF SURPLUS VILLAGE VEHICLES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (DEPARTMENT OF PARKS AND PUBLIC SPACES) The item was Moved by Mayor Martin Packer and Seconded by Assistant Mayor Patricia Cohen. Jorge M. Gonzalez (Village Manager) introduced the item commenting that this bus would replace the current bus, with added GPS technology. He also commented that the resolution authorizes the sale of the existing buses to obtain their residual values. Vote: the Motion passed by unanimous voice vote (4-0) with Councilman Gabriel Groisman not being present. Councilman Sanz left the dais at 9:22 P.M. SUPPLEMENTAL AGENDA R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A CONDITIONAL USE FOR A TEMPORARY PLACE OF WORSHIP AT THE BAL HARBOUR SHOPS GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 96TH STREET AND COLLINS; PROVIDING FOR CONFLICT; PROVIDING FOR CONDITION; PROVIDING FOR AN EFFECTIVE DATE. The item was Moved by Councilman Seth E. Salver and Seconded by Mayor Martin Packer. Amy Huber (Shubin & Bass) representing Bal Harbor Shops and Church by the Sea - commented on Councilman Sanz absence and inquired about what conflict of Bal Harbour Village Regular Council Meeting Minutes —April 19, 2016 17 interested he had, to which Mr. Weiss commented that Councilman Sanz felt that there was an appearance of a conflict of interest being an employee of Neiman Marcus. Ms. Huber noted that the conditional use application is not tied or related to the previous applications of Bal Harbour Shops expansion and she felt that Councilman Sanz did not have a conflict of interest and should be allowed to vote on the item. Councilman Groisman returned to the Dais at 9:24 P.M. Jorge M. Gonzalez (Village Manager) reviewed the item, explaining how the item was deferred to this meeting from the April 13, 2016 Special Council Meeting. Michael Miller (Village Planner) described receipt of the applications and described the required review criteria utilized. He further described the six conditions he was suggesting to the Council. He commented that the Church offices have relocated to the Bal Harbour Shops, and the worship is being conducted at various locations, and explained that there is an active site application in Bay Harbor Islands to build a new complex for the Church. He explained current resolution allows for a conditional use for up to a five year period and that although Village code exempts parking requirements for religious establishments, the Shops offers sufficient parking. Explained that the Manager has determined that this is major review and that hearing would be scheduled for review by the Architectural Review Board (ARB) before returning to the Council. Richard J. Weiss (Village Attorney) read the statement concerning quasi-judicial proceedings into the record. Ms. Huber requested ex parte disclosures from the Council related to this application. Councilman Groisman stated that he had no ex parte disclosures to make. Councilman Salver stated that he had no ex parte disclosures to make. Mayor Packer stated that he had no ex parte disclosures to make. Assistant Mayor Cohen stated that she may have had ex parte discussions but she could not say with who it had been. The Village Clerk then swore in speakers that would be giving testimony. Councilman Groisman questioned whether or not the documents that would be presented to the ARB were the same as those presented tonight, to which Mr. Miller replied that they were. Councilman Groisman than asked whether or not a different set of plans could be submitted to the ARB, to which Mr. Miller replied unless the ARB requests supplemental material, these would be the plans submitted. Assistant Mayor Cohen left the dais at 9:39 P.M. Ms. Huber reviewed the application utilizing a PDF presentation stating that the Bal Harbour Shops and the Church by the Sea were co -applicants. She stated that the existing church facility is 27,000 sq. ft., not 35,000 sq. ft. as stated in the staff report, and that new facilities within buildings A & B encompassed 29,245 sq. ft. and that she disagreed that there would be an impact. She also disagreed there would be an impact in regards to additional or subsidiary development, that this was an interior Bal Harbour Village Regular Council Meeting Minutes —April 19, 2016 renovation and redesign. She stated that she would like to correct the plans submitted specifically, page 305 of the staff report. She concluded stating that the plans submitted would be the same plans submitted to the ARB, that she concurred with the Village Planner's recommendations and that she agreed to the six conditions. Councilman Gabriel Groisman recommended deferring the item in that the Church being an applicant, and being a part of the United Church of Christ which divested its investments from Israel, and the draft development agreement did not contain the provisions of the Villages ordinance preventing from entering into any contract with anyone boycotting recognized US trading partners. He asked for more time to speak with the Church to further explore the issue. Ms. Huber urged the Council to move the first reading of the item; that the development agreement would be entered into with the Shops, not the Church. She agreed that the Church is member of the UCC, but it has not adopted the same principles of the UCC. She stated that the Church would be a tenant of the Bal Harbour Shops. Assistant Mayor Cohen returned to the dais at 9:50 P.M. Jorge M. Gonzalez (Village Manager) stated that the development agreement was not up for a vote; that the item would go to ARB first; that the vote today was regarding the conditional use of a place of worship at the Bal Harbour Shops. Mayor Packer stated that he believed the Council could not deny the Shops request due to the RLUIPA law (Religious Land Use and Institutionalized Persons Act). Ms. Trevarthen described RLUIPA and stated that the Village Code allows the requested use as a conditional use which would require Council approval sitting as quasi judicial body. She listed the other conditional uses and stated that all must be treated in the same manner. Councilman Gabriel Groisman recommended modifying the resolution to make a general finding on the conditional use of that space by the Church, and remove the elements voting on the development agreement. Ms. Trevarthen suggested that the Council could vote to move the item forward with suggestions/concerns from the Council. Assistant Mayor Patricia Cohen requested that the item be tabled; that she had further questions to be answered relating to the development agreement. She commented that the decision to vacate and tear down the previous facility was a conscious decision by the congregation. Councilman Groisman commented that questions related to the development agreement would be considered at the time of the vote on the development agreement. Bal Harbour Village Regular Council Meeting Minutes -April 19, 2016 19 Assistant Mayor Cohen commented that the Church by the Sea or another entity could occupy the space. Ms. Huber stated that the development agreement prevents another entity from occupying the space. Ms. Trevarthen agreed. Bernard Zyscovich (Architect) representing Bal Harbour Shops and Church by the Sea reviewed the plans and provided a presentation of the proposed design. Reverend Robert A. Singer (Senior Minister of Church by the Sea) thanked the Council for deferring this item from the Special Meeting. He spoke of past collaborations between the Village and the Church and asked for the same spirit of cooperation and mutual benefit in moving forward. Ms. Huber concluded reserving the right to rebuttal and cross examination. Lynn Bloch -Mullen (10150 Collins Ave) questioned the use of the words "faith" and "trust" by representatives of the Church. Ree Kelly Stoppa (2000 Towerside Ter., Miami Shores) commented that the intended use would be an expansion of the Shops. Mr. Miller responded that the storage space is recorded in the FAR calculation as recorded in the staff report and that there is no change. Julia Magnani (524 92nd Street, Surfside) a member of the Church, describe her experience with the Church, and expressed her support. Sarah Gepart (9601 Collins Ave) commented on the positive changes in the Village regarding the respect for diversity, and stated that Church is looking for a temporary place and is not aligned with any "force". Danielle Touboul (10225 Collins Ave) commented that the Church is a big part of her life and it offers many beneficial services to the Village. Dan Holder (24 Bal Bay Drive) expressed support for the project with restrictions that there not be events outdoors on the roof.. Carolina Barragan-(Youth-Director, Church By The Sea) commented on the constant movement of the congregation as being detrimental and would like an answer for her "kids". Barbara Arteaga (1 Harbour Way) expressed her support for the item describing programs in partnership with Ruth K Broad Bay Harbor School. Brian Mulheren (10245 Collins Ave.) expressed that the destruction of the Church was their decision, and that he was not noticed of this meeting and he requested to defer the item. Bal Harbour Village Regular Council Meeting Minutes -April 19, 2016 110 Carol Holland -(Bay Harbour Islands) commented on the degree of conflict and chaos in the area and that the Church was her refuge. Ms. Huber commented that the item was properly noticed by the Village Clerk, that the item was opened and continued at one the most well attended public hearings of the Village. She clarified that the letter by John Shubin dated January 20, 2015 was written at the time when the conditional use for the Church, was for when it was behind the Shops. This is not an expansion of the shopping center, it is a conforming structure that meets the Code and at the time of vacating would revert back to previous use, any other proposed conditional uses (movie theater) would need to go through the same process as this evening. She stated that past issues involving taking have been properly disposed of by a court of law. Councilman Seth E. Salver expressed his appreciation for all attendees and gave his support for the item. Assistant Mayor Cohen requested clarification regarding the notice for the item, to which Mr. Gonzalez replied that the temporary conditional use was opened at the April 13 Special Meeting and continued to tonight's meeting without mention of a time -certain. Councilman Groisman made a Substitute Motion to allow the item (regarding a conditional use for a temporary place of worship at the Bal Harbour Shops) to move forward for review of a major site plan by the Architectural Review Board pursuant to Section 21.322(f) of the Village Code, and then return to the Village Council for consideration of a revised resolution and a revised development agreement that will address several issues, including but not limited to, correctly listing the square footage and dated plans on the temporary church as well as compliance with the Anti-BDS ordinance and other issues that the Council might have. The Motion was Seconded by Councilman Salver. Vote: the motion was passed by unanimous voice vote (4-0). Councilman Sanz returned to the dais at 1 1:04 P.M. R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion regarding classes on the Jetty. (MAYOR PACKER) ITEM DEFERRED TO NEXT REGULAR COUNCIL MEETING R9B Discussion regarding a status update on the removal of the dumpster adjacent to the Ritz Carlton Hotel (not discussed) (ASSISTANT MAYOR COHEN) Bal Harbour Village Regular Council Meeting Minutes -April 19, 2016 111 ITEM DEFERRED TO NEXT REGULAR COUNCIL MEETING R9C Discussion regarding the Beach Access Path (not discussed) (ASSISTANT MAYOR COHEN) ITEM DEFERRED TO NEXT REGULAR COUNCIL MEETING R9D Legislative Update from Representative Joe Geller (Time Certain 8:15 PM) (REP. JOE GELLER) 8:52 P.M. - Ron Book (Lobbyist Representing the Village) updated the Village Council regarding its Legislative Priority List. He commented that the Red Light Camera program was preserved as well as Beach Re -nourishment. He explained the Budget brought money home, but Governor Scott's preemptive vetoes took it away. He then introduced Representative Joe Geller. Representative Geller provided an overview of the Legislative Session. Highlights included: • The prescribing authority was expanded for nurses and physicians assistants making health care more accessible. • Medicaid was not expanded. • Kidcare was expanded • His Anti -Bullying Bill passed • An effective reduction in taxes for local tax payers with no decrease in education funding • Two hundred million was funded to protect the Everglades, and another fifty million to protect natural springs • Fracking was defeated • Open gun carrying laws were defeated • The death penalty law was rewritten • The use of body cameras by law enforcement officers was expanded. • A bill to increase the kinds of IDs accepted at polling locations was passed. Representative Geller concluded his discussion commenting that the Florida House passed this year's budget with a vote of 119 to 1, and a vote of 40 to 0 in the Senate. R9E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE PAYMENT OF LEGAL FEES TO THE LAW FIRM OF TROUTMAN SANDERS; FOR THE PROVISION OF LEGAL SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. Bal Harbour Village Regular Council Meeting Minutes -April 19, 2016 112 The item was Moved By Mayor Martin Packer and Seconded By Assistant Mayor Patricia Cohen. Mr. Weiss described the item and the retainer letter with a rate of $550 per hour. A general discussion by the Council ensued regarding the public records request and the engagement of a private law firm to process the Mayors text messages and emails. Mr. Weiss commented a person requesting public records does not need to bear the cost of the production of emails from private email accounts. Councilman Groisman suggested passing an ordinance or resolution requiring the requestor to pay (taxing costs). Mr. Weiss stated that as we receive the bills, they could be passed on to the Shops. Assistant Mayor Cohen restated that the Village should not be doing business with entities suing the Village. Dan Holder (24 Bal Bay Drive) asked if unopened emails were public record, to which the Village Attorney responded, that they were. He then asked if the public records request was a cost of the application process of the Shops. Brian Mulheren (10245 Collins Ave.) commented that this is intimidation and harassment. Vote: the Motion passed by unanimous voice vote (5-0). R10 - VILLAGE MANAGER REPORT R1 OA (VILLAGE MANAGER) R11 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) R1 2 - VILLAGE ATTORNEY REPORT R12A Update on the acquisition of public open space R12B Request an executive session on the lmbesi litigation PUBLIC COMMENT Ree Kelly Stoppa (2000 Towerside Ter., Miami Shores) -expressed concerns regarding item R7D. Bal Regular Meeting Minutes —April 19, 2016 113 Councilman Groisman made a motion to adjourn. Mayor MartinAcker Attest: Dwight S. Danie, Village Clerk Bal Harbour Village Flagular Council Meeting Minutes -April 19, 2016 114