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HomeMy Public PortalAbout2016-09-20 Second Budget Hearing and Regular MeetingBAL HARBOUR Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth E. Salver Councilman Jaime M. Sanz - VILLAGE - VILLAGE COUNCIL SECOND BUDGET HEARING AND REGULAR MEETING MINUTES SEPTEMBER 20, 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 - 96`h Street • Bal Harbour • Florida 33154 CALL TO ORDER/PLEDGE OF ALLEGIANCE - Mayor Packer called the meeting to order at 7:03 P.M. The following were present: Mayor Martin Packer Assistant Mayor Patricia Cohen Councilman Gabriel Groisman Councilman Seth Salver Councilman Jaime Sanz Also present: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Richard Weiss, Village Attorney Stephanie Marquez, Deputy Village Clerk REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS - Mr. Weiss requested the deferral of R12B. A general discussion ensued resulting that the item would remain on the agenda, with the understanding that there would not be a vote. PRESENTATIONS AND AWARDS (TO BE CONSIDERED AFTER THE SECOND BUDGET HEARING) 7:29PM Childhood Cancer Awareness Month (MAYOR MARTIN PACKER) CONSENT AGENDA (TO BE CONSIDERED AFTER THE SECOND BUDGET HEARING) MOTION: A Motion to approve the Consent Agenda was moved by Councilman Seth Salver and seconded Councilman Gabriel Groisman. Babak Raheb (128 Balfour Drive) asked that Agenda items C7C and C7D be pulled from the Consent Agenda to be discussed at the end of the meeting to which Mayor Packer agreed and asked the Council to vote on the remaining Consent Agenda. VOTE: The Consent Agenda as modified passed by unanimous voice vote (5-0). C6 - COUNCIL MINUTES C6A JULY 1 9TH REGULAR COUNCIL MEETING C6B AUGUST 2ND SPECIAL COUNCIL MEETING C7 - RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE RE -APPOINTMENT OF VALERIE RENNERT AND RAFAEL SUAREZ-RIVAS TO SERVE AS SPECIAL MASTERS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ESTABLISHING THE AD HOC BAL HARBOUR VILLAGE AUDIT COMMITTEE COMPRISED OF THE MEMBERS OF THE BUDGET ADVISORY COMMITTEE FOR THE PURPOSE OF ASSISTING THE COUNCIL IN THE SELECTION OF AN ANNUAL AUDITOR TO CONDUCT STATUTORILY MANDATED FINANCIAL AUDITS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; ACCEPTING THE DETERMINATION OF THE VILLAGE BUILDING OFFICIAL THAT THE BALLERINA BEACH CLUB APPLICATION TO THE STATE OF FLORIDA DEPARTMENT OF ALCOHOLIC BEVERAGES AND TOBACCO FOR A 11C LICENSE IS COMPATIBLE WITH THE VILLAGE ZONING REGULATIONS. (9:58 PM) (BUILDING DEPARTMENT) Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes —September 20, 2016 l 2 MOTION: The resolution was moved for discussion by Councilman Seth Salver and seconded by Assistant Mayor Cohen. Mr. Gonzalez summarized the item stating that the Ballerina Beach Club will be located within the Oceana, and that the Building Official reviews the application, the Council ratifies the Building Official's determination, and the decision lies ultimately with the State of Florida. Babak Raheb (128 Balfour Drive) stated that he just wanted to know where the Ballerina Beach Club would be located. VOTE: The Motion passed by unanimous voice vote (5-0). C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE APPROVING THE GRANT OF AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR A TRANSFORMER TO SERVE THE NEW SEWER PUMP STATION TO BE INSTALLED ON VILLAGE PROPERTY LOCATED AT 184 BAL BAY DRIVE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A GRANT OF EASEMENT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. (VILLAGE MANAGER) MOTION: The resolution was moved for discussion by Councilman Seth Salver and Seconded by Assistant Mayor Cohen. Village Manager Jorge M. Gonzalez summarized the item stating that FPL needed an easement to provide electric power to the pump station. VOTE: The Motion passed by unanimous voice vote (5-0). R5 - ORDINANCES (To BE CONSIDERED AFTER THE SECOND BUDGET HEARING) R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING DIVISION III "ARCHITECTURAL REVIEW BOARD" OF ARTICLE III "BOARDS, COMMITTEES AND COMMISSIONS" OF CHAPTER 2 "ADMINISTRATION" AUTHORIZING A FEE FOR APPLICATIONS TO THE ARCHITECTURAL REVIEW BOARD; AND AMENDING CHAPTER 6 "BUILDINGS AND BUILDING REGULATIONS" AMENDING PERMIT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING (BUILDING DEPARTMENT) MOTION: The Ordinance was moved for discussion by Mayor Martin Packer and seconded by Assistant Mayor Patricia Cohen. Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes —September 20, 2016 13 Mr. Gonzalez summarized the item and suggested that a reference to the 1986 edition RSMeans Company Cost Data should be amended to read the current edition. MOTION: A Motion to to amend the ordinance as suggested was Moved by Mayor Martin Packer and seconded by Assistant Mayor Patricia Cohen. Babak Raheb (128 Balfour Drive) asked what the existing fees are, to which Mr. Gonzalez described the existing and proposed fee structure. Daniel Holder (24 Bal Bay Dr.) asked why the rate was higher inside the Gate, to which Mr. Gonzalez described the proposed fee structure say that it would be a reduction, to which Mr. Holder responded that he would be opposed to a reduction. Councilman Salver commented that staff had done an extensive study and that the new fee structure was more equitable. VOTE: The motion amend the ordinance passed by unanimous voice vote (5-0). VOTE: The ordinance passed on first second by roll call vote (5-0). ROLL CALL Yes No Mayor Martin Packer X Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X ******************* R5B AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING ARTICLE II "LOCAL BUSINESS TAX" OF CHAPTER 9 "BUSINESS REGULATIONS AND BUSINESS TAX" OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES; PROVIDING FOR AN INCREASE IN CERTAIN BUSINESS TAXES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING (FINANCE DEPARTMENT) MOTION: The Ordinance was moved for discussion by Mayor Martin Packer and seconded by Assistant Mayor Patricia Cohen. Mr. Gonzalez summarized the item explaining that the Florida Statutes allow municipalities to amend business tax receipts, but only every other year, and if increasing, no greater that 5%. He stated that all of the fees would be increasing 5%. Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 14 There were no public comments and no discussion by Councilmembers. VOTE: the ordinance passed on second reading by roll call vote (5-0) ROLL CALL Yes No Mayor Martin Packer X Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X Mr. Gonzalez commended Amber Riviere, Finance Director and the Department of Finance, Department heads and members of the Budget Advisory Committee in the budget process. ******************* SECOND BUDGET HEARING AGENDA R7 - RESOLUTIONS R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING THE FINAL MILLAGE RATE OF THE VILLAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017, PURSUANT TO SECTION 200.065, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING/PUBLIC HEARING (FINANCE DEPARTMENT) MOTION: A Motion to approve the resolution was moved my Councilman Seth Salver and seconded by Mayor Martin Packer. Mr. Gonzalez read the State required millage rate statement into the record, stating that the proposed millage rate for Fiscal Year 2016-2017, while maintaining the existing rate, is 1.9654 mils, which is 11.45% higher than the State rollback rate of 1.7635 mils. He stated that this is the third lowest millage rate in Miami -Dade County and that the millage rate is set appropriately for the fiscal year and will generate a little over an additional $300,000 for the coming Fiscal Year. Babak Raheb (128 Balfour Drive) asked for clarification of the rollback rate and the additional $300,000 to which Mr. Gonzalez explained that the revenues would cover expenses and balance the budget. Assistant Mayor Cohen commented that the Village should celebrate have one of the lowest millage rates in Miami -Dade County. Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes —September 20, 2016 15 Mayor Packer commended the Village Manager, the Finance Department and the Budget Advisory Committee for their work in the budget process and he acknowledged the work done in the renovations of the Village Chamber. Mr. Gonzalez acknowledged the input of Assistant Mayor Cohen in the design process. VOTE: The motion passed by roll call vote (5-0). ROLL CALL Yes No Mayor Martin Packer X Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X ******************* R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, VILLAGE, FLORIDA, APPROVING AND ADOPTING THE FINAL BUDGET FOR BAL HARBOUR VILLAGE FOR FISCAL YEAR 2016-17; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. SECOND READING/PUBLIC HEARING (FINANCE DEPARTMENT) Mr. Gonzalez introduced the item stating that the proposed budge for Fiscal Year 2016-2017 is $14,767,000 for the General Fund, $3,706,000 for Resort Tax, $7,804,500 for the Water and Wastewater Utility Fund: $26,880,000 overall. He added that the goals are to enhance community policing efforts, to improve the beauty of public spaces, continue to invest in information technology, expand communication with residents and visitors establish and keep sustainable fiscal policies and plan for future capital. MOTION: A Motion to approve the resolution was moved my Councilman Seth Salver and seconded by Mayor Martin Packer. Mr. Gonzalez commended the members of the Budget Advisory Committee for their efforts and input into the formulation of the budget. There were no public comments. VOTE: The motion passed by roll call vote (5-0). Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 ROLL CALL Yes No Mayor Martin Packer X Assistant Mayor Patricia Cohen X Councilman Gabriel Groisman X Councilman Seth E. Salver X Councilman Jaime M. Sanz X ******************* REGULAR COUNCIL MEETING AGENDA R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING STAFF TO COMMENCE THE PROCESS OF DESIGNATING PIETRASANTA, ITALY AS A SISTER CITY OF THE VILLAGE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE (VILLAGE MANAGER) MOTION: The resolution was moved for discussion by Assistant Mayor Cohen and Seconded by Mayor Martin Packer. Village Manager Jorge M. Gonzalez summarized the item and described the recommendations of the Resort Tax Committee to proceed with the next step of creating the relationship by applying to Sister Cities International. Babak Raheb (128 Balfour Drive) asked for a more information regarding Pietrasanta to which Assistant Mayor Cohen summarized the June 2016 presentations and described a recent article in Artnet Magazine. Neil Alter (9801 Collins Ave.) commented on the June 2016 presentation and given the percentage of foreigners that live in Bal Harbour, a Sister City Relation ship can only enhance. Councilman Groisman asked how the residents would benefit from this relationship, to which Assistant Mayor Cohen replied that the benefits are yet to be determined. He then asked what Commitment the Village would be making by entering it this agreement to which Mr. Gonzalez described the Sister City process, explaining that an agreement outlining the benefits would come before the Council prior to the ceremonial exchange between cities. Steve Greenberg (9930 Collins Ave) spoke in favor of the relationship given Bal Harbour's international clientele and tourist trade. Penny Sepler (10275 Collins Ave.) asked about the Sister City selection process and whether or not other opportunities would be precluded. Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 I7 Beth Berkowitz (10160 Collins Ave.) commented that the Resort Tax Committee saw an opportunity for free PR that would benefit the hotels and the residents, and stated that Pietrasanta has elements that work well with Bal Harbour and that this was just the beginning. Ree Kelly (2000 Towerside Ter., Miami Shores) commented that this was a good idea and that the Village should try it. VOTE: The Motion passed by voice vote (4-0) with Councilman Groisman voting in the negative. R9 - NEW BUSINESS AND COUNCIL DISCUSSION R9A Public Comment Daniel Holder (24 Bal Bay Dr.) commented that he had been receiving a lot of misinformation regarding the Bal Harbour Shops and asked that the item be heard before the November election. Councilman Groisman asked about the status of the Shops application, to which Mr. Gonzalez described Shops had submitted amended plans that were scheduled to be heard in July, and that the Shops had asked for a deferral, to which the Council granted to the first (to be scheduled) meeting in January 2017. Councilman Sanz left the dais 7:57 PM. Assistant Mayor Cohen commented that she it was her understanding that she had no choice but to defer the Shops item, to which Mr. Weiss add that the Village Code allows an applicant to defer their own item and that he had advised the Council so. He added that the date of the deferral was set by the Council. Assistant Mayor Cohen asked for a description of the application process, with an explanation of how long the applicant need to wait, after a denial, to bring the application before the Council again. Mr. Gonzalez commented that he believed the time frame was one year, but he added that the Zoning application was not heard in April, that after the item for selling Village Hall failed to pass, the quasi-judicial hearing was not opened. Mr. Holder commented that if the item is heard and turned down, then it could not come before the Council for another year, to which Assistant Mayor Cohen agreed, and added that this Council should be the one to hear it. MOTION: A Motion to schedule the hearing of the Shops application on the October 27 meeting and take the necessary steps to advertise it was moved by Mayor Martin Packer and seconded by Assistant Mayor Cohen. Bal Harbour Village 26a Budget Hearing & Regular Meeting Minutes - September 20, 2016 18 Babak Raheb (128 Balfour Drive) commented that the Councilmembers familiar with the application should be the ones to vote on it. Mike lzak (90 Harbour Way) asked if the Village had hired a consultant to review the expansion plan to provide advice to the Council. Mr. Weiss advised that this is not the time to discuss the merits of the application. Shlomi Alexander (248 Bal Bay Drive) commented that the item be heard before the election, that he would feel uncomfortable with two new faces reviewing the application. Lynn Bloch -Mullen (10150 Collins Ave) agreed that this particular Council should be the one to hear the item. Ree Kelly (2000 Towerside Ter., Miami Shores) commented that the amount of money given to candidates to defeat sitting Councilmembers is outrageous. Joe lmbesi (1675 Lands End Rd) commended Mayor Packer for distributing insect repellent wipes. Orly Alexander (248 Bal Bay Drive) commented that the Village should not be considering any application on anyone who is suing the Village, to which Assistant Mayor Cohen responded that we should be having a discussion on that topic. Mr. Weiss explained that the Council is obligated to review a submitted application. 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 Councilman Sanz returned to the dais at 8:21 PM. Councilman Groisman requested that the October 27 Agenda be limited as much as possible to the the Shops items. Ree Kelly (2000 Towerside Ter., Miami Shores) commended Joe lmbesi for purchasing the parks in the residential district. Joe lmbesi (1675 Lands End Rd., Manalapan) commented that he had an attorney identify a court appointed trustee of Miami Beach Heights, from which he had purchased the parks for $800 not including the "Gate Park" area. He stated that it is his intention to hand these parks over to Bal Harbour Village for all residents inside and outside the gates. Bal Harbour Village 2° Budget Hearing & Regular Meeting Minutes —September 20, 2016 Mr. Gonzalez asked Mr. lmbesi if he would like to formalize the offer, to which Mr. lmbesi replied that he would. Neil Alter (9801 Collins Ave.) commended Mr. lmbesi. Steve Greenberg (9930 Collins Ave) commended Mr. lmbesi. Shlomi Alexander (248 Bal Bay Drive) commended Mr. lmbesi and then asked why the Village Attorney had not purchased these parks, to which Mr. Weiss responded that the majority of the Council has never wanted to own those properties because the residents in the Gated Area did not wish for the public to go through the gates, adding that the wishes of the Council have always been to leave the area private. Mayor Packer stated that he had asked to acquire the piece of property in front of the gate. Mr. Weiss commented that he was unaware of how two trustees for the same property owners were appointed, that the court appointed trustee for the area in front of the Gate had a different view and held a higher value for the property. He stated that attorney client privilege prevented Mr. Imbesi's attorney from disclosing details of the transaction. Shlomi Alexander (248 Bal Bay Drive) commented that Mr. lmbesi could sell the park properties to Miami -Dade County which would make them public, to which Mr. lmbesi responded that there are restrictions to the title guaranteeing the use and enjoyment for people living in the gated community, that the restrictions originally were anti- Semitic, and he would consider having them removed, adding that a pump station and staging station were on his property. Mayor packer suggested that the Manager and Village Attorney have a conversation with Joe Centorino, (Executive Directory of the Miami -Dade Commission on Ethics and Public Trust) County. Ree Kelly commented that the private land now becomes public and commended Mr. lmbesi. Beth Berkowitz (10160 Collins Ave.) commended Mr. Imbesi and stated that, finally, everyone in Bal Harbour can walk on the green space in the Gated Community. Babak Raheb (128 Balfour Drive) commented that if the land becomes public and anybody can get in, then property values will drop, so taxes will have to be raised and suggested that the restrictions should remain intact. He suggested that there be a coordinated proactive approach with other municipalities concerning with Zika and he asked the Council to have Village Hall declared historic. He then asked what the Village has done concerning Doug Rudolph, to which Mr. Weiss responded that the Commission on Ethics had asked for a copy of the text message, to whom it was sent, and that the Village was waiting for a response. Bal Harbour Village 2°O Budget Hearing & Regular Meeting Minutes — September 20, 2016 l 10 Joe Imbesi (1675 Lands End Rd., Manalapan) stated that he had received a call from the Office of the State Attorney. He stated that he was only interested in getting his money back Mr. Rudolph, who he stated that he did not live up to his part of the bargain. He stated that he has transcripts of taped conversations of Mr. Rudolph telling a Sheldon Libfeld that controlled the Council. Councilman Groisman commented that is lack of response should not be mistaken for acquiescence. Shlomi Alexander (248 Bal Bay Drive) commented that this was a major story and that the Council should look into it and do something. Daniel Holder (24 Bal Bay Dr.) commented that the Residential Community has been paying for landscaping for the last four years, including an additional $30,000. He also commented that he liked the new decor and that it would be nice to replace the clock. Ree Kelly (2000 Towerside Ter., Miami Shores) stated the Council should investigate the extortion of 1.15 million. She stated that she was a victim to this corruption because Mr. Rudolf did not want pubic streets. She demanded answers given to her, and others, effected by "this malicious, vicious person named Doug Rudolph." Asst. Mayor Cohen asked for assurance from Mr. Weiss that steps have been taken, to which Mr. Weiss responded that a copy of the text has been sent to Joe Centorino, that he could further inquire if there are ongoing investigations, and that the Council could take further steps. Mayor Packer stated that he will ask FDLE to look into each aspect of what had occurred to which Ms. Kelly added that there was potential wire fraud, so that the "Feds" should also be contacted. Lynn Bloch -Mullen (10150 Collins Ave.) stated that he had contacted the State Attorney and that they had come to her and took pictures of the letter since she would not allow them to have the letter. She stated that she will do anything to help. came, saw letter, took pictures, not allow to have the letter, will do anything to get this squared awagy. Councilman Groisman asked Ms. Bloch -Mullen why she did not give the State Attorney the letter. She responded that she wanted to keep it and that they did not want the letter. Shlomi Alexander (248 Bal Bay Drive) asked, regarding the construction inside the Gated Community, if there had been an emergency meeting, to which Mr. Weiss updated Mr. Alexander on the status of the action taken by the Council, authorizing the acquisition of the easements of four properties by negotiation or eminent domain. Councilman Groisman agreed that the work being conducted was messy and overdue, and he commended John Oldenburg (Director of Park and Open Spaces) for his Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 111 efforts. He stated that in regards to the negotiations (with the properties) that each property owner independently negotiated with the Village. He then described the project and the issues regarding the temporary exits. Shlomi Alexander (248 Bal Bay Drive) compared the construction with similar projects in Indian Creek, and spoke regarding lack of notice and community input. Councilman Groisman described the notice provided to the community and the meetings conducted to gather community input. Village Manager Jorge M. Gonzalez described the previous negotiations with the Village and Oceana, and provided details the development agreement. He described the construction project as a Village Project that has further benefits to the greater community. Councilman Groisman spoke regarding the excuses pointing to the faults of the engineers, to which Mr. Gonzalez responded that the Village was authorized to hire an owner's representative to evaluate if any mistakes are made. He stated that until we get into the ground, we won't know, but the contractor is still claiming that the outside deadline of December 16 will be met. Councilman Groisman then commented that public safety issues needed to be addressed. Steve Greenberg (9930 Collins Ave) complained of the mess on Collins Avenue in front of the Oceana and recommended that the Village should pursue the designation of the west side of Collins Avenue as historic. Asst. Mayor Cohen commented that it takes three votes from the Council to change the height restriction. Mr. Gonzalez commented that the Council instructed staff to schedule a workshop in November regarding the West side of Collins. Mr. Weiss clarified that building height is frozen by what was in the Comprehensive Plan at the time the Charter amendment restricting heights was approved. Mr. Weiss stated that the ocean front district may have different Babak Raheb (128 Balfour Drive) complained about construction traffic coming from the Oceana. He then stated that Councilman Groisman should not be discussing his personal property, to which Mr. Weiss commented as long as there is no decision in front of the Council, that there is no financial benefit to Councilman Groisman and that he does not lose his homeowner rights as a Councilmember. Councilman Groisman left the dais at 9:42 P.M. Mike Izak (90 Harbour Way) commented on the ugly mess of the construction and suggested screening the work area in a more aesthetic manner. Susan Packer(10205 Collins Ave.) commended Mr. Imbesi Orly Alexander (248 Bal Bay Drive) asked what will happen if the contractor does not finish on the deadline to which Mr. Gonzalez responded that there would be fines. Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 112 Beth Berkowitz (10160 Collins Ave.) commented on the appearance of the Quarzo and asked when something will be done, to which Mr. Gonzalez replied that their building permit has expired, and a new one is not being issued. He described the unsafe structure process underway with Miami -Dade County, and the ongoing receipt of payments from the Quarzo. Councilman Groisman returned the dais at 9:52 PM. Councilman Salver commented on an email he had received regarding increase jet traffic over Bal Harbour and asked the Council to direct staff to look into it further. Councilman Groisman agreed. Assistant Mayor Cohen suggested joining with other effected communities. Mr. Weiss read a technical explanation. R10 - VILLAGE MANAGER REPORT R1 OA (VILLAGE MANAGER) R11 - VILLAGE CLERK REPORT R1 1A Village Lobbyist Registration Report (VILLAGE CLERK) R12 - VILLAGE ATTORNEY REPORT R1 2A Status report on the outside attorney's fees. R1 2B Update on the acquisition of the green space located outside the security gate at the intersection of Collins Ave. and Harbour Way (VILLAGE ATTORNEY) Council Salver left the dais at 10:05 PM. Mr. Weiss explained that he had wanted this item deferred due extra work needed to be completed with the open space issue. He then provided brief background and a status report of the project. He stated that a resolution will be added to the next Council meeting to which Councilman Groisman asked that it include an evaluation of highest and best use. A general discussion ensued regarding the payment for the property. Joe lmbesi (1675 Lands End Rd., Manalapan) stated that he had approached the court appointed trustee, felt uncomfortable with some responses, and moved fast to find another trustee. He suggested that the Village get rid of its trustee. Bal Harbour Village 2°0 Budget Hearing & Regular Meeting Minutes - September 20, 2016 113 Councilman Groisman commented that the Village should move carefully since there are two ongoing lawsuits between Mr. lmbesi and the Village. Village Attorney Richard Weiss commented that he will look into this and report back to the Council. Asst. Mayor Cohen asked Mr. Groisman if he was in favor of purchasing the land east of the Gate, to which Councilman Groisman responded that his opinion continues to be that it would not be necessary, since everybody already has access to the greenspace which is already maintained by the Gated Community, and that to spend one dollar on the area just to artificially inflate the open green space requirement, which professional reports already state that the village has, is unnecessary. A general discussion ensued regarding the use of the green space east of the Gate, the liability for the Village, and whether or not the Village should continue to move forward with the acquisition. Beth Berkowitz (10160 Collins Ave.) commented that the west sided of Collins is platted residential and the "Gate Park" is part of the west side. Village Attorney Richard Weiss clarified that his instructions are to move forward with the acquisition of the "Gate Park." Joe lmbesi (1675 Lands End Rd., Manalapan) stated that he understands Mr. Weiss's need to do things by the book, and stated that the following day, he will buy the property and then turn it over to the city. Village Attorney Richard Weiss announced that he will be scheduling executive sessions for: Flamingo Way/Bal Harbour Yacht Club v. Bal Harbour Village, Bal Harbour Shops v. Bal Harbour Shops (public records), Bal Harbour Shops Writ of Certiorari, Bal Harbour Shops for Relief through FLUEDRA, Bal Harbour Shops v. Village of Bal Harbour and Patricia Cohen, Flamingo Way Writ of Certiorari, Bal Harbour Village v. Falic. Mayor Packer wished all happy holidays. END OF REGULAR AGENDA The meeting was adjourned at 10:28 PM Mayor Martin acker Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 114 Attest: Dwight S. Danie, Village Clerk Bal Harbour Village 2nd Budget Hearing & Regular Meeting Minutes — September 20, 2016 Page 115