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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 tv fit. a Attest: Dwight S. Danie, Village Clerk Bal Harbour Village Public Meeting & Executive Session Minutes - Sept. 30, 2016 ° 14