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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