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HomeMy Public PortalAbout2016-07-19 Regular MeetingBAL HARBOUR Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz - VILLAGE VILLAGE COUNCIL REGULAR MEETING AGENDA JULY 19, 2016 AT 7:00 P.M. Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L. 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 7:00 P.M. 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 Stephanie Marquez, Deputy Village Clerk Captain Miguel De La Rosa led the Pledge of Allegiance, which was followed by a moment of silence for Chief Mark Overton and his family. REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Mr. Gonzalez stated that the Village had, this afternoon, received a letter from the Bal Harbour Shops requesting the withdrawal of their agenda items, LPA1 and LPA2 from the Local Planning Agency Agenda, and R5A, R5b and QJ1 from the Regular Agenda. He stated that he had replied to the applicant that the ultimate decision to withdraw the items would be a matter for the Village Council to decide. A Motion to defer the Shops agenda items was moved by Mayor Martin Packer and seconded by Councilman Gabriel Groisman: Vote: the Motion passed by unanimous voice vote (5-0). Mr. Gonzalez then asked the Council to consider a date to which the items would be deferred. Councilman Groisman commented that, technically, this is a withdrawal of the application, and questioned why the item would be deferred to a date certain given the status of the litigation between the Shops and the Village. Mr. Weiss commented that, if the Shops does not have an objection to leaving the date open, then the Village does not feel strongly about setting a date certain, but a date certain would be preferable. John Shubin (Shubin & Bass, PA) commented that the Shop's position in the deferral letter was that the Shops is prepared to proceed with the application if Assistant Mayor Cohen would recuse herself on the record. He stated that he would prefer a date certain. Mayor Packer stated that before the letter arrived, he was prepared to ask for a deferral to provide residents who are out of town during the summer months the opportunity to participate. Councilman Groisman recommended that the items be deferred to the January 2017 meeting. Assistant Mayor Cohen asked the Village Attorney to explain the letter and the reason for the current discussion. Councilman Sanz left the dais. Mr. Weiss explained the allegations regarding Assistant Mayor Cohen contained in a law suit filed earlier in the day, and the contents of the email sent by the shops. He explained that Assistant Mayor Cohen feels strongly that the allegations are without merit, that she believes that she does not have a conflict of interest and is eligible to vote, and therefore she is not going to recuse herself, therefore the matter of deferral of the items is before the Council. Councilman Sanz returned to the dais. A Motion was made by made by Mayor Martin Packer to defer the items until January, either at a special meeting or at the regular Council meeting once it is scheduled. The Motion was seconded by Councilman Gabriel Groisman. Vote: the Motion passed by unanimous voice vote (5-0). PRESENTATIONS AND AWARDS PA1 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE CERTIFIED ANNUAL FINANCIAL REPORT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez introduced the item and introduced the Village's Auditor Michael Fetterman (Marcum). Mr Marcum provided a brief summary of the Independent Auditor's Report and read aloud the unmodified or clean opinion. He suggested the Councilmembers read the management discussion and analysis. He highlighted the implementation of new government accounting standards work pronouncement related to reporting to the pensions. He pointed out that revenues exceeded budgeted dollar by $1.5 million. He commented that there were no difficulties in completing the audit and thanked Finance Director, Amber Riviere, and her staff for the cooperation and efforts. Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 12 A Motion to accept the Certified Annual Financial Report was moved by Councilman Seth Salver and seconded by Councilman Jaime Sanz. Vote the motion was passed by unanimous voice vote (5-0). REGULAR COUNCIL MEETING AGENDA CONSENT AGENDA C6 - COUNCIL MINUTES C6A Regular Council Meeting Minutes - June 14, 2016 C7 - RESOLUTIONS C7A A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 IN BAL HARBOUR VILLAGE FOR THE PURPOSE OF ELECTING TWO VILLAGE COUNCILMEMBERS (DISTRICTS 2 AND 4); FURTHER PROVIDING FOR A RUNOFF ELECTION IF REQUIRED TO BE HELD ON NOVEMBER 22, 2016; PROVIDING FOR CONDUCT OF SAID ELECTIONS BY THE MIAMI-DADE COUNTY ELECTIONS DEPARTMENT;. PROVIDING THAT THE VOTING PRECINCT FOR SAID ELECTIONS SHALL BE THAT AS ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF SAID ELECTIONS; PROVIDING FOR THE FORMS OF BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTIONS TO MIAMI-DADE COUNTY. (VILLAGE CLERK) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND PALADIN DATA SYSTEMS FOR THE PURCHASE AND IMPLEMENTATION OF BUILDING SOFTWARE AND HOSTING AND SUPPORT SERVICES; APPROVING THE EXPENDITURE OF $43,805 FOR THE PURCHASE AND IMPLEMENTATION OF BUILDING SOFTWARE AND $16,145 FOR ANNUAL RECURRING COST FOR HOSTING AND SUPPORT SERVICES; AND PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING AND APPROVING THE EXPENDITURE OF $58,014 OF LAW ENFORCEMENT TRUST FUNDS TO PURCHASE BALLISTIC RESISTANT VESTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE. (POLICE DEPARTMENT) Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 -, l 3 C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AND AUTHORIZING EXECUTION OF A TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (THE "FDOT") AND THE VILLAGE FOR THE TURF AND LANDSCAPE MAINTENANCE SERVICES ON COLLINS AVENUE AND NW 96TH STREET AT THE ANNUAL AMOUNT OF EIGHT THOUSAND, SIX HUNDRED AND SEVENTY TWO DOLLARS ($8,672) TO BE PAID TO BAL HARBOUR VILLAGE BY FDOT; AND AUTHORIZING EXECUTION OF SUCCESSIVE RENEWALS IF OFFERED BY FDOT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AND EFFECTIVE DATE. (PARKS AND PUBLIC SPACES DEPARTMENT) C7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN THE VILLAGE AND FLORIDA CDI LLC FOR THE PROVISION OF A HOLIDAY LIGHTING DISPLAY; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) A Motion to approve the Consent Agenda was moved by Councilman Seth Salver and seconded by Councilman Gabriel Groisman. Vote the motion was passed by unanimous voice vote (5-0). Local Planning Agency Meeting THE LPA Meeting unnecessary due to item deferrals. LOCAL PLANNING AGENCY MEETING LPA. CALL TO ORDER/ROLL CALL - LPA1 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE REQUEST OF BAL HARBOUR SHOPS, LLLP FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. DEFERRED LPA2 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. DEFERRED Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 14 REGULAR COUNCIL MEETING AGENDA R5 - ORDINANCES R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA APPROVING THE REQUEST OF BAL HARBOUR SHOPS, LLLP FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF ONE PARCEL CONSISTING OF APPROXIMATELY .62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL) LOCATED AT 501 96TH STREET AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND FOR AN EFFECTIVE DATE. DEFERRED R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING THE CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS; AND FOR AN EFFECTIVE DATE. DEFERRED QJ- QUASI JUDICIAL ITEMS (FOLLOWING THE PROCEDURES OF SECTION 2-201 ET SEQ., VILLAGE CODE) QJ1 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN BAL HARBOUR SHOPS, LLLP AND BAL HARBOUR VILLAGE; AUTHORIZING VILLAGE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. DEFERRED Susan L. Trevarthen read the statement for a quasi-judicial hearing and asked Councilmembers to disclose any ex-parte communications they had had regarding the Finvarb residence. Councilman Groisman, Councilman Salver and Assistant Mayor Cohen stated that they had spoken to Mr. Ronald Finvarb. Mayor Packer stated that he had driven by the residence, and Councilman Sanz stated that he had no ex-parte communication. The Village Clerk then swore in those who would be providing testimony. QJ2 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; [APPROVING/DENYING] A NON-USE VARIANCE TO THE SETBACK REQUIREMENTS OF SECTION 21-127, "SETBACKS", FOR PROPERTY Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 �5 LOCATED AT 268 PARK DRIVE; PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. (BUILDING DEPARTMENT) Mr. Gonzalez introduced the item and described the application, the process of review by the Architectural Review Board and the requirement of the Council to review the non-use variance component of the application. Mickey Marrero (Bercow RadeII & Fernandez) representing the owners, Ronald and Laura Finvarb, described the reasons for the request for setback variance - water intrusion issues which would be resolved by enclosing the area. He stated that he had reached out to neighbors and receive support from 19 families. He commented that there would be minimal impact to one person and that they support the project. Robert John (Village Architects) described the re -design, Mediterranean Revival to Modern and showed a site plan of the affected area. Councilman Groisman commented that the conditions met criteria for a variance to which Councilman Salver agreed and Councilman Sanz thought it was an improvement. Ms. Cabrera provided a history of the application stating that the Village Planner did not feel criteria for variance was met, however, the Council is final arbitrator. Babak Raheb (128 Balfour Drive) spoke against granting the variance A motion to grant the variance was moved by Councilman Seth Salver and Seconded by Mayor Martin Packer. The Motion passed by unanimous voice vote (5- 0). R7 - RESOLUTIONS R7A A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR, FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 Mr. Gonzalez introduced the item establishing the assessment rate explaining that members of the Gated Community had met and agreed that the assessment should remain the same as is the current which is $1,802 for single family homes, $901 for unimproved properties and $7,208 for private recreational facilities. Stanley Tate (9999 Collins Ave.) asked about the cost to the municipality for the services provided to which Mr. Gonzalez replied that the cost that would be incurred for expenditures would be $35,000 and $20,000 line item for salaries. Mr. Weiss added that all costs incurred within the Gated Community are paid for by the residents of the Gated Community. Dan Holder (24 Bal Bay Dr.) asked for assurance that there were different rates for the houses and the apartments, to which Mr. Gonzalez replied that there were. Ree Kelly Stoppa, stated that her address was 77 Camden Dr., and asked if the private property was patrolled by Village Police. Mr. Weiss responded his written opinion states that for purpose of public safety of the Village police can patrol the Gated Community. Babak Raheb (128 Balfour Dr.) stated that members of the Gated Community are paying their share of the costs for police, through property taxes. A Motion to approve the proposed assessment 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 BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE SOLID WASTE COST AND THE INITIAL SOLID WASTE SERVICE ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez introduced the item establishing the assessment rate explaining that the amount of the assessment will remain unchanged. Stanley Tate (9999 Collins Ave.) asked how the cost would be assessed to which Mr. Gonzalez explained the process for determining the assessment. A Motion to approve the assessment was moved by Mayor Martin Packer and seconded by Councilman Jaime Sanz. Vote: the motion was passed by unanimous voice vote (5-0). Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THE PROPOSED MILLAGE RATE, AND THE DATE, TIME AND PLACE FOR THE FIRST BUDGET HEARING FOR FISCAL YEAR 2016- 17; AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. (FINANCE DEPARTMENT) Mr. Gonzalez introduced the item and explained that the first step in the process was to determine the millage rate cap. He explained that the assessment roll sent by the County showed a slight growth of 4.3%, which set the building block for budget, and allowed the Village to set a temporary millage rate to be sent to the County to be included in public notices. He suggested that keeping the current rate (1.9654) would generate an increase of $344,000 in ad valorem income that would offset increased costs of pensions, health care costs, and cost of living increases. Assistant Mayor Cohen asked if the increased costs were due to additional employees, to which Mr. Gonzalez replied that the proposed budget is not proposing new staff, nor did last year's budget, that some vacancies have been filled, while others vacancies remain vacant, but there is no direct corollary between increased cost due to actuarial gains and losses and the numbers of staff. He added that there would be two budget hearings in September. Neil Alter (9801 Collins Ave.) asked, what the incremental gain of now having a permanent Building official would be, to which Mr. Gonzalez replied that the savings would be around $50,000 per month. A general discussion ensued regarding the difference between the collection of tax that could be used Village -wide and the collection of a fee which is meant to only cover the costs of the services provided. Councilman Groisman asked if the Building Department costs could somehow be kept separate, to which Mr. Gonzalez replied that the Finance could set up a separate enterprise for the next fiscal year. A motion to approve the proposed millage rate was move by Councilman Seth Salver and seconded by Councilman Jaime Sanz. Vote: the Motion passed by unanimous voice vote (5-0). R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ALLOCATING UP TO $250,000 FROM THE RESORT TAX FUND BALANCE FOR EXPENSES RELATED TO THE BAL HARBOUR VILLAGE'S 70TH ANNIVERSARY RELATED EVENTS AND CELEBRATIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 Assistant Mayor Cohen returned to the dais. Ramiro Inguanzo, Assistant Village Manager introduced the item stating that the Resort Tax Committee, by direction from the Village Council, is recommending two separate events to celebrate the Village's 70th Anniversary. He stated that the first event would be an indoor/outdoor historical exhibit at the Seaview Hotel of photographs with historical context that would be displayed from November throughout the Spring season and would later become a permanent exhibit at Village Hall and select locations throughout the Village, with an estimated cost of $40-$50 thousand. He then stated that the second event would be celebratory outdoor concert on the beach with orchestra -type entertainment, with food and drink, with an estimated cost of $150-$200 thousand; totaling $250,000. Councilman Groisman, using Miami -Beach's Anniversary event as an example, commented that the only way to control the event is to sell tickets, to which Assistant Mayor Cohen agreed, adding that the event need to be for Bal Harbour its residents. Mr. Gonzalez commented that if the funding is to come from Resort Tax dollars it is important to ensure that it is used for Resort -Tax -eligible expenses. Mayor Packer commented that it is also important to have the Resort Tax Committee explore sponsorships from commercial entities, to which Mr. Gonzalez agreed, reminding the Council of the time -critical nature of the event and advising that Village Staff should not be engaged in fundraising. Councilman Sanz and Councilman Groisman agreed that it should be communicated to the Resort Tax Committee that although the Council would be approving the proposed dollars, they should seek more dollars from sponsors. Penny Sepler (10275 Collins Ave) commented that the historical exhibit is interesting but thought that attendance would be low. She also stated that residents should not have to pay. Steve Greenburg (9999 Collins Ave.) suggested engaging neighboring municipalities for utilization of alternate event spaces. Susan Packer (10201 Collins Ave.) suggested utilizing the Shuttle to transport seniors to/from the events, and keeping seniors in mind while programming events. Neil Alter suggested exploring Haulover Beach as a venue, and he suggested interviewing long-time residents to add to the historical context. Stanley Tate (9999 Collins Ave.) agreed that commercial entities should participate. Dan Holder (24 Bal Bay Dr.) commented that he was delighted to hear a classical orchestra was under consideration. Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 Babak Raheb (128 Balfour Dr.) commented that events on a public beach are open to the public. A Motion to approve the allocation of $250,000 to the 70th Anniversary was moved by Assistant Mayor Patricia Cohen and seconded by Councilman Seth Salver. Vote: the motion passed by unanimous voice vote (5-0). R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Discussion on Legal Fees (COUNCILMAN GROISMAN) Councilman Groisman provided a brief summary of the history of the extensive public records request for emails sent/received through Assistant Mayor Cohen's personal email accounts. He stated that, to date, over $200,000 has been invoiced for legal fees which will be paid using tax -payer money. He further stated that with no mechanism in place to control expenses and rein -in legal bills, and that it has become a "gravy train," and he was bringing the issue to Council to discuss and explore options. Babak Raheb(128 Balfour Dr.) stated that the Shops is being aggressive, that he resented the use of the term "gravy train" and asked if anyone and contacted the Miami -Dade County Ethics Commission, which he stated should be handling the case. Mayor Packer commented that the attorneys for the Shops will also be asking to be paid with tax payer dollars, to which Mr. Weiss replied that he hopes to fight the request by these attorneys, but that Florida law allows legal fees to be recovered in public record lawsuits. Councilman Groisman clarified that he is not suggesting stopping the payment of legal fees, but is suggesting exploring a mechanism to control legal expenses while providing the Assistant Mayor the ability to defend herself. Neil Alter (9801 Collins Ave.) referenced an earlier case in which the Village spent $250,000 on someone who was eventually determined to be ineligible (Jacoby). He also asked if the Assistant Mayor could counter sue. Councilman Groisman commented that the issue being discussed is not about representation, but it was about the cost of representation. He also commented that the Village could have recovered the costs for Jacoby through Florida Statutes 111.07. Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 110 Kent Harrison Robbins (Attorney for Assistant Mayor Cohen) described his response to a Motion for Contempt and stated that today he served a Motion for Sanctions. He commented that this is not an ordinary public records litigation, that the amount of work he has done is extreme, totaling a review of 10,000 documents consisting of 22,000 pages of public records and 14,500 pages of private records. He stated that he (his firm) and the Assistant Mayor are being harassed and bullied. Explained that he had hired a seasoned veteran attorney to work on the case, whose time is billed at the rate of $375 per hour. He stated that the goal (of the opposing side) was to recuse, prevent and disqualify the Assistant Mayor. He offered to allow the time sheets to be reviewed and stated that the Village Attorney gets to review them, to which Mr. Weiss qualified that he does not review the time sheets. Assistant Mayor Cohen stated, for the record, that Councilman Groisman is welcome to provide pro bono legal assistance and review the bills, to which Councilman Groisman responded that it would be a conflict. Councilman Groisman asked Mr. Gonzalez what the current process was to review and pay the bills, to which Mr. Gonzalez responded that he receives the bill electronically by email, has the Assistant Mayor review and sign off, then he reviews the bill amount based on the number of hours submitted and the agreed upon hourly rate, then he issues the check. Mr. Weiss repeated that he does not review the bills. Councilman Groisman presented an example of how bills are typically reviewed at his firm, and suggested that should be some review by someone familiar with attorney billing. Mr. Weiss stated rather than question Mr. Robbins on his billing, that his approach would be to review the hourly rates charged to government entities. He stated that lawyers charge government rates to governments, and we are not paying government rates. He stated that his firm charges $235 per hour for his time. He asked Mr. Robbins what his hourly rate was and Mr. Robbins replied $465. Councilman Groisman commented that when the fees get abnormally high it should be time to renegotiate the rate. Mr. Robbins commented that he had not anticipated the number of hours that this case would take, that it was a complicated issue and not a typical discovery matter. He stated that the case was overwhelming and a hardship on himself, the Assistant Mayor and the taxpayers to which Councilman Groisman replied that Mr. Robbins was being paid. Raj Singh ( 54 Camden Dr.) comment that the counsel for the Bal Harbour Shops had presumed by having the Assistant Mayor recuse herself, that the Council would vote in favor of the Shops. He stated that the Shops has shown bad faith. Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 111 Ree Kelley Stoppa stated that her address is 77 Camden Drive and commented that whatever the legal costs are should be paid and that the Village should not renegotiate rates. Lynn Block Mullen (10150 Collins Ave.) began a discussion regarding the Shops, to which the Village Attorney paused the discussion to that Councilman Groisman could leave the dais. She then commented that the Village should not negotiate with the shops. Daniel Holder (24 Bal Bay Drive) commented that the Village should do everything they can to protect the Assistant Mayor. He stated that Councilman Groisman and Councilman Salver should express opposition to the expansion of the Shops. Mr. Weiss asked that the conversation be steered back to the attorney's fees Stanley Tate (9999 Collins Ave.) commented that he and his engineers had spent much time in review the documents submitted by the Shops. Mr. Weiss stated that the item that Mr. Tate was speaking about had been deferred and was not on the table for discussion. He commented that testimony presented outside a quasi-judicial could prejudice the outcome. Assistant Mayor Cohen asked, when the Council could hear Mr. Tate's comments about the Shops, to which Mr. Weiss responded that Mr. Tate could meet individually with Councilmembers (ex-parte) or he could submit documentation from himself and his engineers into the public record, or he could provide testimony at the quasi- judicial hearing. Assistant Mayor Cohen commented that three minutes is sometimes not sufficient, to which the Mr. Weiss responded that the Chair or the Council could suspend the three minute rule. Assistant Mayor Cohen offered to meet with Mr. Tate to hear more of what he had to say. Mr. Weiss that suggested to the Council that he meet with Mr. Robbins and Assistant Mary Cohen to discuss the fees. Assistant Mayor Cohen agreed. R9B Status update on Marina Waiver of Plat Application (COUNCILMAN GROISMAN) Councilman Groisman provided a summary of the discussion item stating that a letter had been received from the applicant expressing a hope to explore a path to move forward. Councilman Sanz returned to the dais. Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 112 Mario Garcia -Serra (Flamingo Way Enterprises) provided a history of the waiver of plat application and stated that the process got as far as a motion for approval subject to conditions. He stated having the opportunity to review the conditions he was in agreement with some and not others, but was looking for an opportunity to resolve the issues. He proffered the option of having a motion to reconsider or further staff discussions stating that he was in agreement with the condition of not having more home sites on the property but allowing to continue to operate the marina. Babak Raheb (128 Balfour Dr.) expressed is opposition asked for an explanation of the waiver of plat application to which Councilman Groisman explained the application process, the motion made to approve with conditions, and letter received by the Village and the question of the possible conflict between the zoning and future land use map. Tony Imbesi (175 Camden Dr.) commented that rather than proceeding with litigation, he would be happy to settle with the guarantee from the Village that the marina would continue to operate. Mr. Groisman commented that the point of the discussion was to inform the public of the letter received and the current status. Councilman Groisman left the dais. Ree Kelly Stoppa (2000 Towerside Ter., Miami Shores) asked for an explanation, at a later date, of the application process and requested a re -hearing. She read a "letter' that she had acquired from an unnamed person. Councilman Groisman returned to the dais. Mayor Packer asked who had written the letter, to which Tony Imbesi responded that he had, as a text message to Assistant Mayor Cohen. Assistant Mayor Cohen asked Ms. Stoppa how she had received the communication to which Ms. Stoppa did not respond. Copies of the purported text message were distributed to the Council. Ms. Stoppa then requested an investigation of influence/extortion of public officials. Daniel Holder (24 Bal Bay Dr.) asked for an explanation of how the marina being run as a commercial element could be part waiver of plat. Mr. Groisman stated that the intent of the discussion was to inform the community of the letter received. Steve Greenburg (9999 Collins Ave.) commented that the building of single family homes benefits the tax roll and that the operation of the Marina is a benefit to the community. Mario Garcia -Serra (Flamingo Way Enterprises) reiterated his previous statement. Mr. Weiss asked Mr. Garcia -Serra if the email had come from his client to which Mr. Garcia -Serra replied that it had. Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 - 113 Councilman Sanz stated that the contents of the "letter" was a defamation of his character, that he was not for sale, and that all his actions as a member of the Village Council were proper. R9C Discussion on Workforce Housing (COUNCILMAN SETH SALVER) Councilman Salver commented that as a member of the Miami -Dade County League Cities, he was bringing the item to the Village Council to bring attention to Miami - Dade County Ordinance that could possibly adversely impact Bal Harbour Village. Susan Trevarthen (Village Attorney) provided an update stating that she is working on language that would be more acceptable to municipalities with smaller populations. Mayor Packer stated that he had met with neighboring municipal Mayors who are against the language of the first reading of the ordinance scheduled to go to committee in September. A motion to support the Miami -Dade County League of Cities in its opposition of the current language of a Miami -Dade County Ordinance on requirements for workforce housing was moved by Councilman Seth Salver and Seconded by Councilman Jaime Sanz. Vote: the Motion passed by unanimous voice vote (5-0). R9D Disposition of Surplus from Fiscal Year ending 2016 (MAYOR MARTIN PACKER) Mayor Packer introduced the item stating that there is a possibility of a $1 million surplus, he recommended that half of the surplus be returned to the homesteaded residents and the other half to a Village fund. Neil Alter (9801 Collins Ave.) commented that half of the surplus should be utilized for legal fees. R9E Public Comment Babak Raheb (128 Balfour Dr.) commented that the shops items should not have been deferred. He also commented that Assistant Mayor Cohen's attorney should not be charged a government rate. Penny Sepler (10275 Collins Ave.) inquired about Mayor Packer's attorney's fees. Mayor Packer replied that his fees totaled around $40,000. Ms. Sepler then asked for the qualifying dates of candidate and if there would be a candidate forum. The Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 114 Council responded that the week of August 19 was the qualifying period, and that private entities usually conduct candidate forums. Dan Holder (24 Bal Bay Dr.) agreed that the Shops items should have been considered and he asked that a hearing on the Shops be held before the next election. Lynn Bloch Mullen (10150 Collins Ave.) spoke against the Church be placed in the Shops. Steve Greenburg (9999 Collins Ave.) sent a prayer to Chief Mark Overton. He also commended the proposed holiday lighting. Ree Kelly Stoppa stated that her residence is 77 Camden Drive and stated that the Shops items should not have been deferred and suggest that the hearing should be held prior to the election. Assistant Mayor Cohen spoke regarding preservation of the architectural heritage of the west side of Collins Avenue. Councilman Groisman comment that notice should be given to the property owners to allow them to express their opinions before Council action is taken. Councilman Sanz commented that the west side of Collins was his district and it was his understanding that the Village Council asked for a workshop in November, giving ample opportunity to notice the residents and that the Village Council was here to serve the residents. Susan Packer (10205 Collins Ave.) asked about the status of the Quarzo to which Mr. Gonzalez replied that he had met with the owner, they have paid the bills that were due, and in that their building permit had expired, a process is underway to complete the project or demolish it as an unsafe structure. R10 - VILLAGE MANAGER REPORT R10A (VILLAGE MANAGER) R11 - VILLAGE CLERK REPORT R11A Village Lobbyist Registration Report (VILLAGE CLERK) Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 115 R12 - VILLAGE ATTORNEY REPORT R12A Update on the acquisition of the green space located outside the security gate at the intersection of Collins Ave. and Harbour Way. END OF REGULAR AGENDA MOTION TO ADJOURN The meeting was adjourned at 1 1:54 PM `V Attest: J Dwighnie, Village Clerk Mayor Marifi Packer Bal Harbour Village Regular Council Meeting Minutes —July 19, 2016 116