HomeMy Public PortalAbout2016-05-17 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
MAY 17, 2016
AT 7: 00 P.M.
Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Packer called the meeting to
order at 7:22 P.M. immediately following the General Employees Retirement Board
Meeting.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman (via electronic videoconference)
Councilman Seth E. Salver
Not Present
Councilman Jaime M. Sanz
Also Present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Jay Weiss, Village Attorney
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
A Motion to defer Agenda Items R7C, R9C, R9F and R9G was moved by Mayor
Martin Packer and Seconded by Councilman Seth Salver. Vote: the Motion passed
by unanimous voice vote (4-0).
PRESENTATIONS AND AWARDS
There were no presentations or awards.
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Regular Council Meeting Minutes - April 19, 2016
C6B Special Council Meeting Minutes - March 4, 2016
A Motion to Approve the Consent Agenda was Moved by Councilman Seth Salver
and Seconded by Councilman Gabriel Groisman. Vote: the Motion passed by
Unanimous Voice Vote (4-0).
REGULAR AGENDA
R1A Verbal Report on the Bal Harbour Shops Expansion Project.
(VILLAGE MANAGER)
(Discussed at 11:24 PM after Councilman Groisman left the meeting)
Jorge M. Gonzalez (Village Manager) commented that the Bal Harbour Shops on
April 29, 2016 submitted a new set of plans with the main differences between the
previously submitted plans being that the Village Hall site is no longer included, the
Niemen Marcus expansion has been reduced and proposed development
agreement with public benefit program previously totaling $125 million is now $45
million, representing very little hard capital contributions, and mostly representing an
incremental value in taxes. He stated that the Village has also received design and
sight plans for the development of a multifamily property on the Fairfield site. He
summarized that an application has been submitted and that the applicant is entitled
to a hearing, but that he was not confident that he would be able to negotiate a deal
worth the approval of the Council.
Richard Weiss, Village Attorney requested an executive session regarding Bal
Harbour Shops litigation for a Petition for Writ of Certiorari and FLUEDRA.
Daniel Holder (24 Bal Bay Drive) inquired if there would be a reduction in the number
of parking spaces, to which Mr. Gonzalez replied that there would be a reduction of
300 spaces.
A Motion to direct the Manager set a quasi-judicial hearing during the July Regular
Council Meeting and to meet with Shops representatives before hand regarding the
development agreement was moved by Mayor Martin Packer and Seconded by
Councilman Seth Salver. Vote: the motion was approved by Unanimous voice vote
(3-0).
Beth Berkowitz (10160 Collins Avenue) suggested a limitation of negotiations.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 P a 12
Brian Mulheren (10245 Collins Avenue) commented that there should be no
negotiations.
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. (SECOND READING)
(VILLAGE MANAGER/FINANCE DEPT.)
The item was Moved for discussion by Councilman Seth Salver and Seconded by
Mayor Martin Packer.
Mr. Gonzalez - Summarized the item stating that the Village Code does not allow
warranted customer service credit for leaks, unexpected discharges, or extraordinary
events beyond the customer to control, and that this item would allow for
administrative relief for these documented events. Mayor Packer commented that
this amendment to the Village Code offered a fair solution.
ROLL CALL
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
Mayor Martin Packer
X
Vote: the Motion passed by Roll Call Vote (4-0).
R7 - RESOLUTIONS
R7A 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 NORTHWEST CORNER OF 96TH
STREET AND COLLINS AVENUE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 13
(VILLAGE MANAGER)
Village Attorney Susan Trevarthen read the quasi-judicial statement and asked
Council Members to disclose ex-parte communications, to which all Council
Members responded that they had had ex-parte communications with members of
the Community. The Village Clerk swore in all those who would be giving testimony.
The item was Moved for discussion by Councilman Seth Salver and Seconded by
Mayor Martin Packer.
Mr. Gonzalez described the item stating the item had been discussed at the previous
Council meeting and sent to the Architectural Review Board, which recommended its
approval with a 4 to 1 vote. He commented that he had determined that this item
was a major site plan amendment that requires public comment and review by the
Council.
Mr. Gonzalez added that the Code allows for a development agreement to be
submitted with the application and requiring adherence to the Village's anti-BDS
ordinance and that Councilman Groisman had requested to meet with the applicant
regarding this issue and would be reporting his findings to the Council.
Councilman Groisman described his meeting with the leadership of the Church By
The Sea and described a letter that had been authorized unanimously by resolution
of their Board that repudiates and rejects the UCC's boycott and divestment
resolution and confirmed that it has withdrawn all investment funds. He commended
the Church By The Sea for their actions and stated that, in his opinion, the Church By
The Seas was not in violation of Village Code.
Upon request from Mayor Packer, the Village Clerk to read the letter from the Church
By The Sea into the record.
Assistant Mayor Cohen expressed her concern regarding Councilman Groisman not
having distributed the letter to the Council prior to the meeting, and asked the
Village Attorney for proper procedures for a member of the Council to properly
communicate with other members of the Council.
Mr. Weiss responded that communications could be provided to the Village Clerk for
distribution. Councilman Groisman stated that he had was made aware that the
Church had made the letter public with Bay Harbour Council the day prior and that
he had sent it to the Village Manager for distribution at the meeting.
Mr. Gonzalez asked Michael Miller, Village Planner to described requirements of the
Village Code for considering the allowance of a temporary use and procedures for a
formal site plan review process.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 14
John Shubin (Shubin & Bass) requested that the transcript of the Architectural Review
Board be incorporated into the record.
Reverend Robert Asinger (Church By The Sea) described how the UCC resolution,
passed and ratified last August, was not part of the Church's consciousness, and the
recognition of the Church By The Sea that the intent of the resolution is abhorrent,
and is unequivocally repudiated and rejected by the Church, and that Church has
ensured no funds, investment funds or dues, do not go into any fund that is part of a
divestment or boycott.
Lynn Bloch -Mullen (10150 Collins Avenue) expressed her discomfort with the letter
not being a legal instrument. She commented that Reverend Asinger had spoken at
a UCC conference, saying that he agreed with the UCC but had to vote against the
resolution.
Reverend Asinger responded that he had voted not to boycott Wendy's for not
signing onto the Fair Food Act that requires a living wage to migrant workers, that he
was not sure of which boycotts he could support, and that he discussed the issue of
anti-BDS to educate other meeting participants.
Ree Kelly Stoppa (2000 Towerside Terrace, Miami Shores) expressed her concern
regarding the affiliation of the Church By The Sea with the UCC and its pension fund.
She expressed her concern how a member of the Church, who was not a voter of Bal
Harbour, would question her attendance at the Church.
Councilman Groisman replied that the UC Funds confirmed that it was divesting and
that the ordinance does not address affiliation. Reverend Asinger concurred.
Stanley Tate (9999 Collins Avenue) described is credentials as a past building
inspector for several municipalities and that he is a licensed general contractor and
building inspector. He expressed his doubt that Church had cut off its affiliation with
the UCC. He commented that as a building inspector he would not all the usage of
third floor of the Shops by the Church due to fire safety.
Assistant Mayor Cohen asked Ms. Trevarthen how the occupancy was established.
Mr. Gonzalez commented that the Fire Marshall determines the occupancy load. Mr.
Tate commented that the Fire Marshall has nothing to do with occupancy. Reverend
Asinger commented that whatever Church would comply with whatever is
determined to be the occupancy load. Mr. Shubin added every aspect of life/safety is
addressed in the building permitting process.
David Paul (9801 Collins Avenue) commented that the Church's decision to take
down the Church is precipitated the issue presently in front of the Council and having
taught Zoning and Land Use Control his square footage computations differ.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016
Daniel Holder (24 Bal Bay Drive) asked to be assured that open-air activities would be
restricted, to which Mr. Weiss responded that they would be restricted by the
conditions in the Resolution.
Beth Berkowitz (10160 Collins Avenue) questioned the Section 11 of the
Development Agreement. Mr. Weiss responded that the Agreement had been
amended to remove any reference to Shops expansion. Ms. Trevarthen further
clarified the "housekeeping" amendments to the Agreement.
Assistant Mayor Cohen asked what would happen if the name "Church By The Sea"
were transferred, to which Ms. Trevarthen replied that the use would apply for 5 years
to the occupant binding successors and assigns. Councilman Groisman suggested
amending the Resolution that the agreement would not be assignable.
A Motion to Amend the Resolution to provide that the agreement is not assignable
was Moved by Assistant Mayor Cohen and Seconded by Councilman Mayor Packer.
Assistant Mayor Cohen cautioned that the approval of this use could hypothetically
open a Pandora's Box and place the Village in an embarrassing situation given
Federal law constraints regarding religious institutions, if prior to the expiration of the
agreement, another institution occupied the space.
Neil Alter (9801 Collins Avenue) questioned zoning limitations regarding the serving
of alcohol in close proximity to the Third Floor of the Shops. Ms. Trevarthen
responded that the Church has been within the minimum distance pre -dating the
Shops and that the Applicant, in the future, will propose a text change to the Code.
She further described the distinction recognized by the State of a bar and a
restaurant serving alcohol.
Brian Mulheren (10245 Collins Avenue) expressed his concerns regarding
transparency, the Church's affiliation with the UCC, items coming before the Council
without sufficient time to study them, and he agreed with Mr. Tate's assessment
regarding compliance with public safety regulations.
Assistant Mayor Cohen asked Mr. Weiss to explain why the conditional use process is
coming to Council before the proposal for a text amendment to the Code. Mr. Weiss
explained that if the conditional use is approved, the Village Planner would make the
determination whether or not the Village Code is violated, the outcome of which
could be appealed to the Council.
Stacy Rothman (10275 Collins Avenue) asked when the Bal Harbour Shops agreed to
house the Church By The Sea and where the funds for the sale of the Church went.
Reverend multiple investment firms including Morgan Stanley and Treasury Partners.
Councilman Salver commented that the application is appropriately before the
Council, and given Councilman Groisman's expertise with the anti-BDS ordinance,
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016
that he was comfortable proceeding. Councilman Groisman reiterated that the
applicant was doing exactly what the ordinance requires.
Assistant Mayor Cohen asked for clarification on activities that would be taking place
at the Church. Reverend Asinger described the planned activities.
Louise de la Fontaine (290 Bal Bay Drive) agreed with Mr. Tate's assessment.
Vote: the Motion to approve the amendment to the Resolution passed by
Unanimous Voice Vote (4-0).
A Motion to Approve the amended resolution was Moved by Councilman Seth
Salver and Seconded by Councilman Gabriel Groisman Vote: the Motion passed by
Unanimous Voice Vote (4-0).
The Council recessed and 8:56 PM and Councilman Groisman left the meeting. The
meeting reconvened at 9:07 PM.
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING A SIGN PERMIT TO MODIFY SIGNS
FOR 9700 COLLINS AVENUE, BAL HARBOUR SHOPS, CONSISTENT
WITH THE VILLAGE ZONING REGULATIONS; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(BUILDING DEPARTMENT)
Ms. Trevarthen commented that item was a continuation of the quasi-judicial hearing,
and that those previously sworn in were still under oath. She then asked
Councilmembers to disclose ex-parte communications, to which, Assistant Mayor
Cohen replied that she had, and Councilman Salver and Mayor Packer replied that
they had not.
Mr. Gonzalez described the history of the item commenting that the Village code
requires that all signs, new or replace, come before the Council and that the Bal
Harbour Shops has submitted a new application that would ad a logo to the existing
signs.
The item was Moved for discussion by Councilman Seth Salver and Seconded by
Mayor Martin Packer.
Mr. Shubin stated that the decision made a year ago to withdraw the logo from the
design of the sign, was voluntary, and that there is no prohibition of logos on signs in
the Business District. He added that certain expressions on signs are subject to First
Amendment review by the courts.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016
17
Assistant Mayor Cohen requested clarification of the Village Code regarding signage
in the Business District, to which, Ms. Trevarthen described the requirements of the
Village Code. She added that the Council should proceed with caution regarding
content -based regulations in the Code, due to recent developments in case law,
there would be a greater potential for challenge.
Mayor Packer commented that this issue might be moot until the sign code
regulations have been revised, to which Ms. Trevarthen replied that the that there is a
pending application before the Council, and the Council has an obligation to act
promptly.
Assistant Mayor Cohen stated that she had no objections to the new signs but she did
not feel that marquis signs on an elegant street should be used for branding of a
business entity.
Mr. Shubin commented that the applicant has a right to have their application
considered under the existing Code.
Councilman Salver commented that the attorneys clearly stated the issue and that he
understood that the Council could not regulate speech on private property.
Penny Sepler (10275 Collins Avenue) asked Ms. Trevarthen to provide clarification on
the case law, to which Ms. Trevarthen described the last year's decision by the U.S.
Supreme Court regarding the regulation of the messages on signs.
Mr. Shubin clarified that the application was brought before the Council based on the
precedent of the Town of Gilbert case and he believed that it complied with the
United States Constitution.
Assistant Mayor Cohen asked why the Shops had placed the logo on their signs
without Council consent. Mr. Gonzalez commented that when logos were noticed,
Code Enforcement issued violation notices; the Shops removed the logos, and
submitted the application. Mr. Shubin commented that the Shops is replacing their
old constabulary logo with their new logo.
Nick Massey (Bal Harbour Shops) was sworn in by the Village Clerk and then
described how the logo was changed and its use in merchandizing.
Beth Berkowitz (10160 Collins Avenue) commented that Whitman Family
Development Inc. was established in 2014 according the Florida Department of State.
Brian Mulheren (10245 Collins Avenue) commented on the lack of maintenance of
the current signs.
Daniel Holder (24 Bal Bay Drive) asked if this was needed information or advertising
for a development company.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016
Mayor Packer stated that if the Code is violated by Council approval, a precedent
could be set. Mr. Weiss stated that the Council needs to consider the U.S. Supreme
Court decision in making its decision. Ms. Trevarthen described the Town of Gilbert
case and that it is arguable whether or not this would be a violation of the Village
Code. Mr. Weiss further explained that if the Code has United States Constitutional
issues, then enforcement of the Code could be problematic.
Vote: the Motion passed by Voice Vote (2-1) with Assistant Mayor Patricia Cohen
voting against.
R7C 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 THREE
SINGLE FAMILY RESIDENTIAL LOTS FROM AN APPROXIMATELY 2.99
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. (DEFERRED)
(BUILDING DEPARTMENT)
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA APPROVING THE RECOMMENDATION OF THE
RESORT TAX COMMITTEE ON THE SELECTION OF THE DESIGN OF
THE VILLAGE -WIDE INFORMATIONAL SIGNAGE AND THE DESIGN
OF THE VILLAGE FLAG; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
(TOURISM DEPARTMENT)
The item was Moved for discussion by Councilman Seth Salver and Seconded by
Mayor Martin Packer.
Ramiro lnguanzo (Assistant Village Manger) described the efforts undertaken by the
Resort Tax Committee and presented the chosen informational signage template and
the Village flag for recommendation by the Council.
Councilman Salver commended the Resort Tax Committee and recognized their
efforts and input.
Mr. lnguanzo presented the flag selection and thanked Councilman Salver for his idea
of using waves that represented the ocean and the bay.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016
I9
Beth Berkowitz (Resort Tax Committee Chair) commended the Resort Tax Committee
member's participation and commented that the two-sided flag would be presented
for the Village's 70t" Anniversary.
David Kwiat (10185 Collins Ave) expressed his opinion that the flag was dull.
Vote: the Motion passed by Unanimous Voice Vote (3-0.
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR,
VILLAGE, FLORIDA, AMENDING THE FISCAL YEAR 2015-16 BUDGET;
PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR
AMENDMENTS; PROVIDING FOR CARRYOVER OF FUNDS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
(FINANCE DEPARTMENT)
The Resolution was moved for discussion by Councilman Seth Salver and Seconded
by Mayor Martin Packer.
Mr. Gonzalez - summarized that this item amends the current year budget, and closes
out the budget from the last fiscal year, which ended in a $1.6 million surplus. He
suggested that $.6 million of the surplus be carried over to amend the budget of the
present fiscal. We have met the Village's goal of keeping 70% of the operating
budget in the fund balance, about $11 million. We also established a separate
capital reserve account into which he suggested placing the remaining surplus
$1 million dollar.
Mayor Packer commended the Finance Department for their excellent work.
Neil Alter (9801 Collins Ave.) asked the Village Manager to explain expenses due to
the litigation with the Bal Harbour Shops, to which Mr. Gonzalez replied there is
about $100 thousand to date for Assistant Mayor Cohen's attorney fees and
document production, and the Village has yet to receive an invoice from Mayor
Packer's attorney. Mr. Weiss then described the FLUEDRA and the Petition for a Writ
of Certiorari challenges by the Bal Harbour Shops.
Mr. Alter recommended preparing a letter be distributed to residents of the
community explaining these legal costs. Mr. Weiss explained a new case that makes
the recovery of legal fees easier. A general discussion ensued regarding the
proposed letter to the community.
Brian Mulheren (10245 Collins Ave.) recommended the exposure of the actions of the
Bal Harbour Shops that have cost so much. He asked if all the members of the
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 P 1 10
Council had to produce public records, to which Mr. Gonzalez replied that they all
been asked. Council Salver described his response to the request.
Lynn Bloch -Mullen (10150 Collins Ave) expressed her opinion that Village needs to
stop the Bal Harbour Shops from doing things the way that they have been doing
them, acting without permits. She also apologized to the Council for statements that
she had made at a previous meeting.
Village Manager Jorge M. Gonzalez suggested an amendment to increase the
amount for legal fees from $200 thousand to $300 thousand and reduce the
remaining balance for capital reserve accordingly
A Motion to Amend the Resolution as the Village Manager suggested, was Moved
by Councilman Seth Salver and Seconded by Assistant Mayor Cohen. Vote: the
Motion passed by Unanimous Voice Vote (3-0).
Vote: the Motion passed the Resolution as Amended passed by Unanimous Voice
Vote (3-0).
Kent Harrison Robbins (Attorney Representing Asst. Mayor Asst. Mayor Cohen) -
Provided an update of the current litigation between Bal Harbor Shops and Assistant
Mayor Cohen. He commented that 65,000 emails needed to be reviewed and added
that a forensic IT person, approved by the Bal Harbour Shops, was hired to extract the
records from Assistant Mayor Cohen's electronic devices, using search terms, which
were then reviewed to separate private emails from public records. He provided a
brief overview of the litigation resulting from a February 22 public records request.
He commented that he had been retained by Assistant Mayor Cohen on March 18,
the Village Council passed a resolution on March 21 (March 22) to support the
Assistant Mayor, whose electronic devices were cloned on March 23.
Mr. Robbins then stated on an emergency hearing was conducted on March 24
whereupon a stipulation was agreed upon to produce public records acting in a
reasonable fashion. He added that the first date that documents were available to be
reviewed was April 6th, but on May 3rd a judge in an emergency hearing, provided a
2 week deadline to produce the requested records, to date 6,792 documents
constituting 16, 666 pages. He stated that the Shops objected to his motion to extend
the 2-week deadline. He added that the completion of the search and production of
records should be completed by the end of the week, maybe next week. He stated
that he has now been asked to produce a log of every single record extracted (23,000
documents), and that opposing attorneys have asked for a special master review of
documents that were not submitted. He commented that he is complying with the
original request but felt he is being pushed into making a mistake, wherein the
opposing attorneys would seek sanctions and damages.
Mr. Weiss commented there is no substitute for having Assistant Mayor Cohen to
review the documents, in that she knows the content and the names mentioned in the
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 111
documents, and mentioned that the law is moving away from protecting public
officials.
Dina Cellini (211 Bal Cross Drive) expressed her shock on hearing the time line, and
suggested giving our lobbyist a directive to strive for legislative changes.
Councilman Salver stated that one of the top legislative priorities for the Florida
League of Cities and stated that testimony in front of the legislature is needed.
Daniel Holder (24 Bal Bay Drive) asked about the vulnerability of the Bal Harbour
Shops in terms of public relations. Mr. Weiss commented that a public relations
approach regarding publicity regarding the abuse of public records requests. Mr.
Holder suggested involving an investigative reporter.
R9 - NEW BUSINESS AND COUNCIL DISCUSSION
R9A Discussion Regarding Health and Wellness / Exercise Options Offered in
the Village
(MAYOR PACKER)
Mayor Packer - Introduced the item stated that 5 years ago the Village provided yoga
on the Beach, and suggested that reinstituting some kind of exercise class would be
beneficial to the residents of the Village. There was a general consensus from the
Council that this was a good idea.
David Kwiat (10185 Collins Avenue) suggested installing outdoor exercise equipment
on the beach.
Councilman Salver suggested having targeted classes: for seniors, for mothers, etc.
A general discussion ensued regarding the different kinds of programs that would
work.
Brian Mulheren (10245 Collins Avenue) suggested condemn and take the property at
291 Bal Bay and build a tennis court, or a recreation facility. Mayor Packer
commended the idea and asked the Manager and the Village Attorney to explore
condemnation.
Mr. Gonzalez added that there are two sums of money, one for tennis courts
(Consultatio) and one for parks.
There was a general consensus by the Council that the Manager should meet with the
property owners of 291 Bal Bay and explore different options for obtaining the
property.
Mr. Gonzalez suggested presenting options for an exercise program in the upcoming
budget process.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 112
R9F Discussion Regarding West Side of Collins Historic Designation along
with the ARB Recommendation (DEFERRED)
(ASSISTANT MAYOR COHEN)
R9G Discussion Regarding entering into a Sister City relationship with
Pietrasanta, Italy (DEFERRED)
(ASSISTANT MAYOR COHEN)
R9H Public Comment
R1 O - VILLAGE MANAGER REPORT
R1 OA
(VILLAGE MANAGER)
R11 - VILLAGE CLERK REPORT
R11A Village Lobbyist Registration Report
(VILLAGE CLERK)
R12 - VILLAGE ATTORNEY REPORT
R1 2A Update on the acquisition of public open space
Mr. Weiss reported that the easements for the four parcels have been acquired to
move ahead with the utility project. He stated that he is in the process of finalizing
the open space report for the "Gate Park" required by the courts.
Dina Cellini (211 Bal Cross Dr.) inquired about the availability of the open space
report in regard to the "Gate Park' to which Mr. Weiss replied that it would be made
available. She asked for clarification of the process to amend the petition to ensure
that the space inside the gate was not contemplated. Mr. Weiss explained that after
the report, public hearing with a resolution by the Council would be held, probably in
July.
MEETING ADJOURNED.
The meeting was adjourned at 11:47 PM.
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 114
END OF REGULAR AGENDA
Mayor Marlifi Packer
Attest:
Dwiganie, Villages erk
Bal Harbour Village Regular Council Meeting Minutes — May 17, 2016 1 15