HomeMy Public PortalAbout2016-09-30 Public Hearing and Executive 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
PUBLIC MEETING AND EXECUTIVE SESSION MINUTES
SEPTEMBER 30, 2016
AT 9:30 A.M.
Bal Harbour Village Hall, 655 96th Street, Bal Harbour, Florida 33154
1. CALL TO ORDER/ROLL CALL Mayor Packer called the meeting to order at 9:30
A.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
2. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Joseph Serota.
3. A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; RESCHEDULING THE DATE OF THE OCTOBER 27, 2016 REGULAR
COUNCIL MEETING; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
MOTION: the resolution was moved for discussion by Mayor Martin Packer. There
was no second.
Mayor packer announced that he had a scheduling conflict for October 27 and that he
would not be able to attend the scheduled meeting, and asked the Council to consider
changing the meeting date.
Councilman Salver asked if there was a date to which Mayor Packer could attend.
Assistant Mayor Cohen also asked if there was an alternative date and asked if the
Mayor could attend via the Internet, to which Mayor Packer state that he could not.
Councilman Salver asked the Mayor if he could be available on an alternative date. He
stated that the Charter required a monthly meeting, to which Mayor Packer replied that
it does not.
Mr. Weiss stated that the Charter does require a monthly meeting, but there is no
remedy provided in the event that a monthly meeting is not held, and it is up to the
Council to decide. Councilman Salver reiterated that the Charter requires a monthly
meeting.
Mayor Packer asked if anything that could occur at the October 27 meeting could occur
after the election and up until the 20th of November. Councilman Groisman
commented that scheduling a vote after the election with the possibility of having
someone voted off the Council voting on the issue was problematic.
Assistant Mayor Cohen suggested October 31' in the evening to which the Mayor
responded that he might be able to attend. He asked if anybody would like to second
the motion. A general discussion ensued regarding scheduling the meeting for the
Halloween holiday, or before, with regards the the requirement of public notice.
Mayor Packer asked the Council if it were necessary for him to attend this meeting to
which Assistant Mayor Cohen replied that it was.
MOTION: the resolution was moved for discussion by Assistant Mayor Cohen and
seconded by Mayor Martin Packer.
Babak Raheb (128 Balfour Drive) commented that he believed in the separation of
Church and State and that the Council should accommodate Mayor Packer's needs.
Penny Sepler(10275 Collins Ave.) commented that the present Council wanted to vote
on it. Mr. Weiss repeated that there is no sanction for not having a meeting, to which
Councilman Groisman responded that a monthly meeting was required by the Charter,
otherwise, what is the purpose of the Charter.
Ree Kelly (2000 Towerside Ter., Miami Shores) commented that Halloween would be
a perfect date.
Mr. Gonzalez commented that if the Council wished to abide by the Charter, the
scheduled meeting for the 27th could occur with a subsequent meeting regarding the
shops occurring a later date.
Bal Harbour Village Public Meeting & Executive Session Minutes — Sept. 30, 2016
MOTION: a Motion to move the meeting to October 31, 2016 at 8:00 PM was made
by Councilman Gabriel Groisman and seconded by Councilman Seth Salver.
Lynn Bloch -Mullen (10150 Collins Ave) spoke in favor of the October 31st meeting.
Amy Huber (Shubin Bass, Attorney for Bal Harbour Shops, LLLP) commented that she
was not sure which item on the agenda was being discussed, but she was going to
speak in objection to what was being discussed. Councilman Sanz left the dais. Ms.
Huber commented that no notice was provided at the previous meeting therefore
Shubin Bass had filed motion to withdraw. She stated that (changing hearing dates)
cannot be done unilaterally and that no notice was provided for this meeting.
application withdrawn. She stated her objection for the record and repeated that the
application had been withdrawn.
Village Attorney Richard Weiss asked Ms. Huber if her intent was not to present the
application either on the 27th or another chosen date, to no intention to present
application to which Ms. Huber replied that the application has been withdrawn and
that there is nothing to present. Mr. Weiss stated that in order for an application to be
withdrawn, the applicant needed Council approval.
Beth Berkowitz(10160 Collins Ave.) commented that the public has a right to comment
but this is ultimately a Council decision whether or not to defer the plan.
Councilman Salver expressed that he needed to leave and he left the dais.
Ree Kelly (2000 Towerside Ter., Miami, Shores) spoke.
Councilman Sanz returned to the dais.
VOTE: The motion passed by Role Call Vote (3-1) with Assistant Mayor Cohen voting
in the negative.
ROLL CALL
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
Councilman Jaime M. Sanz
X
Mayor Martin Packer
X
Bal Harbour Village Public Meeting & Executive Session Minutes — Sept. 30, 2016 Page 13
4. RECESS FOR EXECUTIVE SESSION
CALL TO ORDER/ROLL CALL - Mayor Packer called the Executive Session to
order at 10:20 AM.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Jaime Sanz
The following were not present:
Councilman Seth Salver
Also present:
Jorge M. Gonzalez, Village Manager
Richard Weiss, Village Attorney
A. Case Number 15-6568 CA 30 "Bal Harbour Yacht Club, Inc., and "Flamingo Way
Enterprises, LLC v. Bal Harbour Village"
B. Case Number 16-269-AP Flamingo Way Enterprises, LLC v. Bal Harbour Village"
5. RECONVENE PUBLIC MEETING
END OF AGENDA
The public meeting was adjourned at 10:23 AM
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Attest:
Dwight S. Danie, Village Clerk
Bal Harbour Village Public Meeting & Executive Session Minutes - Sept. 30, 2016 ° 14