HomeMy Public PortalAbout2015-06-23 Regular MeetingAL HARBOUR
COUNCIL MEETING MINUTES
REGULAR MEETING - JUNE 23, 2015
The Regular Meeting of the Bal Harbour Village Council was held on June 23, 2015, at the
Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida).
CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:04 p.m. by Mayor
Packer. The following were present:
Also Present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth E. Salver
Councilman Jaime M. Sanz
Jorge M. Gonzalez, Village Manager
Dolores M. Mejia, Interim Village Clerk
Richard Weiss, Village Attorney
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Captain Mike De La
Rosa.
Mayor Packer took a point of personal privilege to address the editorial in the Miami
Herald (6/23/15). He congratulated Mike Sallah and Joanna Zuckerman for their follow
up on activities that transpired in the Village. He stated that this is extremely important
and that the state and federal authorities will be following up on all matters related to
this case, and any wrongdoings should pursued.
Mr. Gonzalez provided an update on the current activities related to the case. He
explained that there is an active internal affairs investigation, as well as a forensic audit
of the "Points Account," which held the monies seized through the laundering process.
There were a number of things that were not covered during the initial investigation. He
explained that he is not privy to the details of the investigation. When the differences in
the dollars were identified, Mr. Gonzalez asked the Chief of Police to bring those
findings to the Department of Justice; however, he is unsure whether there is going to
be an investigation on their part or not. He explained that from a criminal perspective
the Department of Justice is the appropriate agency to handle any action.
Councilman Groisman asked that a date certain be established for the end of the
investigation, and that a presentation be made to the Council. He also stated that once
the financial audit is completed, the Village needs to be forward looking. The Council
needs to hire an auditor to review the books, and ensure that nothing improper is going
on.
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Mayor Packer opened the discussion to public comment.
Brian Mulheren (10245 Collins Avenue) spoke.
Lynn Blockmullen (10150 Collins Avenue) spoke.
Neil Alter (9801 Collins Avenue) spoke.
Assistant Mayor Cohen stated that she agrees with Councilman Groisman regarding an
audit, and Councilman Sanz agreed as well.
PRESENTATIONS AND AWARDS
Mayor Packer called on Captain Mike De La Rosa to introduce the two (2) new officers
who joined the Bal Harbour Police Department. Captain De La Rosa introduced Officer
Williams, and provided a summary of his professional background. Captain De La Rosa
introduced Officer Cole, and provided a summary of his professional background as
well.
Mayor Packer took a point of personal privilege, and took item R9A for discussion.
R9A Discussion Regarding a Resolution to Support Initiatives to Maintain and
Improve the Haulover Public Tennis Courts
(Assistant Mayor Patricia Cohen)
Assistant Mayor Cohen introduced the item, and called up Ms. Diane Collins (16425
Collins Avenue) and asked her to share her experience at Haulover Park Tennis.
Ms. Collins explained that she has been playing with the coach of the Russian Olympic
Team. She stated that the more that can be done to preserve the beauty of Haulover
Park, the better it will be for everyone in the community. She explained that tennis is a
refined sport, that has a certain decorum to it, and it befits Bal Harbour Village and the
area.
Mayor Packer explained that the plea needs to go to Miami -Dade County and
Commissioner Sally Heyman, as this park is a County park.
Ms. Collins explained that the assistance of the Council is sought to try and have the
County preserve the courts.
Keith Oliver shared a grant letter from the U.S. Tennis Association.
Assistant Mayor Cohen stated that Bal Harbour should support.
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Mr. Gonzalez explained that this issue is related to the County's masterplan for this
park, and that the Village should encourage them to .
Mr. Weiss stated that the Council could pass a motion to transmit to the County.
Councilman Sanz asked whether Sunny Isles Beach has already made a request to the
County regarding this issue.
A motion was offered by Mayor Packer and seconded by Assistant Mayor Cohen
to support the continuation of tennis and improved tennis courts atHaulov er
Park. The motion carried (5-0).
R9B Discussion Regarding the Status of Annual Assessment in Gated
Residential District
(Councilman Gabriel Groisman)
Mayor Packer called item R9B, and asked Councilman Groisman to introduce the item.
Councilman Groisman introduced the item, and he explained the history of assessments
in the Gated Residential Community. He explained that he brought this item forward for
discussion to request that the Village collect the assessments for one more year. He
explained that a status of the formation of the homeowner's association would be
provided to the Council.
Jeff Berkow (2000 Biscayne Boulevard) spoke, and explained that his has been hired by
Mark Fisher to represent the Gated Residential Section. Mr. Berkow made a
presentation summarizing the meetings held and efforts made regarding this issue. Mr.
Berkow asked that the Village give one more year for the Gated Residential Section to
finalize their establishment of a homeowner's association.
Mayor Packer opened the discussion to public comment.
Dina Cellini (211 Bal Cross Drive) spoke.
Daniel Holder (24 Bal Bay Drive) spoke.
Anamarie Kelly (2000 Towerside Terrace) spoke. She requested the documents related
to the vote regarding the creation of the special assessment district.
Stuart Sobel (271 Bal Cross Drive) spoke.
Matis Cohen (9801 Collins Avenue) spoke.
Nina Rudolph (212 Bal Bay Drive) spoke.
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Mark Fisher (284 Bal Bay Drive) spoke.
Elliott Neumann (144 and 150 Bal Cross Drive) spoke.
Doug Rudolph (212 Bal Bay Drive) spoke.
Beth Berkowitz (10160 Collins Avenue) spoke.
Lynn Blockmullen (10150 Collins Avenue) spoke.
Dina Cellini (211 Bal Cross Drive) spoke.
Anamarie Kelly (2000 Towerside Terrace) spoke. She requested to see a copy of her
ballot under Chapter 119.
David Koplowitz (92 Bal Cross Drive) spoke.
Assistant Mayor Cohen spoke, and thanked the residents from the Gate Residential
Section for coming to the Council Meeting to speak on an issue that is important to
them. She stated that she spoke to Village Manager Gonzalez, and that she
understands that they are doing their best to resolve their issues. She stated that she,
nor the rest of the Council, want to do anything to negatively impact the Gated
Residential Section. However, they are a private community, and she hopes in a year
they will be able to resolve all the legalities in question.
Councilman Sanz spoke, and stated that one more year of the Village managing
assessments for one more year is not going to kill anyone.
Councilman Salver spoke, and stated that it is the best interest of the community for the
Gated Residential Section to remain as it was promised at its inception.
Mr. Gonzalez spoke, and explained what extending the assessment for a year would
represent.
A motion was offered by Councilman Groisman and seconded by Councilman
Salver to direct the Village Manager to take the steps necessary to issue the
assessment for 2016, and to direct the Budget Committee to take the appropriate
steps to include the assessment as part of the budget for the period of one year.
The motion carried (5-0).
Assistant Mayor Cohen asked the residents to communicate the urgency of resolving
the legal issues for their community.
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REQUESTS FOR ADDITIONS, WITHDRAWLS, REFERRALS
Councilman Groisman asked that item C7A be separated from the Consent Agenda.
CONSENT AGENDA
Motion was offered by Councilman Salver and seconded by Councilman Sanz to
approve the Consent Agenda. The motion carried (5-0); thus approving the following
items:
C6 - COUNCIL MINUTES
C6A Regular Council Meeting — May 19, 2015
C6B Special Council Meeting — June 2, 2015
C7 — RESOLUTIONS
The following Resolution Title was read by Ms. Mejia:
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; SUPPORTING THE TOWN OF SURFSIDE,
FLORIDA'S RESOLUTION URGING THE STATE OF FLORIDA
LEGISLATURE AND THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION TO ESTABLISH CHEMICAL TESTING
STANDARDS PRIOR TO ISSUING A COASTAL CONSTRUCTION
CONTROL LINE PERMIT WHICH AUTHORIZES THE TRANSFER AND
PLACEMENT OF EVACUATED SAND SEAWARD OF THE COASTAL
CONSTRUCTION CONTROL LINE ONTO A PUBLIC BEACH;
PROVIDING DIRECTION TO THE VILLAGE CLERK; AND PROVIDING
FOR AN EFFECTIVE DATE.
(Village Manager)
END OF CONSENT AGENDA
REGULAR AGENDA
R5 - ORDINANCES
The following Ordinance Title was read by Ms. Mejia:
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING
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ARTICLE II "EMPLOYEE'S PENSION PLAN", OF CHAPTER 13
"PENSIONS AND RETIREMENT BENEFITS" OF THE VILLAGE CODE,
BY AMENDING SECTION 13-26 "DEFINITIONS" AND SECTION 13-28
"RETIREMENT DATES AND RETIREMENT BENEFITS", IN ORDER TO
COMPLY WITH CERTAIN TAX REQUIREMENTS; PROVIDING FOR
SEVERABILITY; REPEALING CONFLICTING ORDINANCES;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
(Finance Department)
Motion was offered by Councilman Salver and seconded by Assistant Mayor
Cohen to approve the ordinance on first reading.
A roll call vote was taken as follows:
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
X
Mayor Martin Packer
X
The motion carried (5-0).
R7 — RESOLUTIONS
The following Resolution Title was read by Ms. Mejia:
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH C & I
CONSTRUCTION AND DESIGN INC. TO SUPPLY AND INSTALL
REPLACEMENT IRRIGATION METERS WITH OTHER WORK AT THE
SEA VIEW HOTEL, AND THE BALMORAL, THE BAL HARBOUR
TOWER, THE PALACE, THE MAJESTIC TOWER, THE KENILWORTH,
AND THE CARLTON TERRACE CONDOMINIUMS FOR AN AMOUNT
NOT TO EXCEED ONE HUNDRED FORTY FOUR THOUSAND FOUR
HUNDRED THIRTY DOLLARS, $144,430.00; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(Parks & Public Spaces Department)
A motion was offered by Mayor Packer and seconded by Councilman Salver to
approve the item.
Mr. Gonzalez introduced the item.
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Councilman Groisman asked why the agreement only stipulates a one-year warranty.
Dimitri Escarlotto (Craig Smith & Associates) explained that the work should be a one-
year warranty, and the equipment should be 5 years.
Councilman Groisman addressed Mr. Oldenburg regarding the exploratory digging work
in the project, and the restoration of impacted landscaping.
Mr. Oldenburg stated that Brickman would probably do the restoration, in order to avoid
double paying for restoration.
Councilman Groisman noted that the contract includes language charging for
restoration work.
A motion was offered by Councilman Groisman and seconded by Councilman
Sanz to defer to the next meeting to clarify comments on the contract. The motion
carried (5-0).
The following Resolution Title was read by Ms. Mejia:
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING NON-USE VARIANCES TO THE
SETBACK REQUIREMENTS OF SECTION 21-127, "SETBACKS", FOR
PROPERTY LOCATED AT 57 CAMDEN COURT; PROVIDING FOR
CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
(Building Department)
Mr. Gonzalez introduced the item.
Mr. Weiss read the statement related to the quasi-judicial hearing.
Ms. Mejia swore in the members of the audience who would be presenting during the
hearing.
Mr. Gonzalez summarized the item, and explained that this item has already been
heard at the Architectural Review Board for aesthetic review; however, the Council is
the only body that can grant a variance. Mr. Gonzalez introduced Ms. Suramy Cabrera
(Village Building Official) to make a presentation on the application.
Ms. Cabrera made a PowerPoint presentation, and explained the conditions at the site
and the application.
Wayne Schutts (57 Camden Court) spoke, and explained their family's reasons for
seeking the renovation and request for a variance.
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Julian Gonzalez (Architect, DEFORMA Studio) spoke, and presented the design
elements of the residence.
Mayor Packer opened the discussion to the public.
Daniel Golfarb (59 Camden Court) spoke.
Anamarie Kelly (2000 Towerside Terrace) spoke.
Mr. Weiss read the conditions in the Code for variances.
Mr. Gonzalez stated that his recommendation is that the variance be granted.
A motion was offered by Assistant Mavor Cohen and seconded by Mavor Packer
toa approve the resolution. The motion carried (5-0).
The following Resolution Title was read by Ms. Mejia:
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN EMPLOYMENT AGREEMENT
FOR THE NEWLY APPOINTED VILLAGE CLERK; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez introduced the item, and explained that Mr. Dwight Danie was selected as
the new Village Clerk at a Special Meeting in June. He explained that the item on the
agenda is the contract, as negotiated by Mayor Packer.
Mayor Packer thanked Ms. Mejia for her work as Interim Clerk, and introduced Mr.
Danie.
Mr. Danie introduced himself, and thanked the Council and residents for the opportunity
to join the Village. The stated, that even in his time in the City of Miami, he had never
seen such devotion to the community from its residents.
Councilman Groisman stated that he had comments regarding the agreement. He
stated that the salary was fair, and asked questions regarding severance package. He
explained that the severance should be triggered after a certain period of service, and
recommended that the severance package be triggered after three (3) years of service.
Mr. Gonzalez spoke, and suggested that since this is one of the only times that the
council hires an employee, that any suggested changes to the agreement be discussed
with Mr. Danie outside. Further, Mr. Gonzalez explained that this agreement is
standard in the industry, and that this contract is similar to what was previously in place.
Assistant Mayor Cohen spoke, and stated that Councilman Groisman made a very valid
point and agreed that this should be discussed prior to entering into the agreement.
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Councilman Groisman suggested that maybe Mr. Danie be provided a signing bonus.
Mr. Weiss spoke, and stated that 20 days of severance is pretty standard, or that the
Council could adopt a sliding scale.
Mayor Packer spoke, and explained that the negotiation was conducted with what is
standard in the industry. He stated that the agreement should be approved as
negotiated.
A motion was offered by Councilman Groisman and seconded by Assistant
Mayor Cohen to amend the agreement and approve a severance package that is
is paid after 18 months of service, in a sliding scale as follows:
18+ months = 20 weeks severance
12-18 months = 15 weeks severance
6-12 months of service = 10 weeks severance
0-6 months = 4 week severance
Mayor Packer stated that he spoke with Mr. Danie, and he is in agreement with the
sliding scale for the severance provision.
The motion carried (5-0).
A motion was offered by Mayor Packer and seconded by Assistant Mayor Cohen
to approve the agreement as amended. The motion carried (5-0).
R9 — NEW BUSINESS AND COUNCIL DISCUSSION
R9C Discussion Regarding the Confidentiality of Resort Tax Information
(Assistant Mayor Patricia Cohen)
Assistant Mayor Cohen introduced the item, and explained that this issue has been
brought up for quite a while. The information regarding resort tax contributors has been
deemed confidential
Mr. Weiss stated that FL Statute 213.05(3)(a) that deems the information confidential.
Mr. Weiss further stated that the question is who the information is available to. Mr.
Weiss explained that the information is available to the Village Manager, the Resort Tax
Committee and the Council.
He explained that the way this has been handled is the past is by allowing the public to
inspect the information; however, copies are typically not provided in order to avoid the
penalties for disclosure inadvertently.
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Mr. Weiss explained that the confidentiality of this information is addressed in various
state statutes, and that the reason is that this information can used to determine how
much revenue each contributor is collecting.
Assistant Mayor Cohen stated that she has experienced frustration over the last five (5)
years that public information is not readily available.
Matis Cohen (9801 Collins Avenue) spoke, and asked for further clarification on what
information should be supplied to the Budget Committee.
Mr. Weiss explained that if the information is a public record, then it must be made
available; however, if there is analysis required, then the Village Manager has the
authority to determine if it can be provided. He explained that this is a labor issue, not a
public records issue. If the Budget Committee has a request that the Village Manager
decides he cannot fulfill, then the issue can be brought forth to the Council for
discussion.
R9D Discussion Regarding Excluding Confidential Information on Weiss Serota
Helfman Cole & Bierman, P.L. Itemized Invoices to the Village
(Assistant Mayor Patricia Cohen)
Assistant Mayor Cohen introduced the item, and explained that a resident requested a
copy of invoices from the Village Attorney; however, the response was that there may
be items in the invoice that are confidential in the invoice.
Mr. Weiss explained that unfortunately there are a number of pages in the invoice that
needed to be reviewed, and under the Public Records Law, the Village is allowed to
charge the requestor for the time to review the documents. Going forward, the invoices
will be prepared so that no redaction is required.
Assistant Mayor Cohen explained that she brought this item for discussion because it is
her goal to facilitate information to the public, when they request it.
Mr. Weiss stated that there are a few ways to handle the request, such as the requestor
can pay for the review or the Village will pay for the time to review the documents.
Councilman Groisman stated that when there is litigation is involved, it is a much more
complex issue, and the bills would be privileged.
A motion was offered by Assistant Mayor Cohen that the Village provide the
invoices to the requestor at the Village's expense.
He Councilman Groisman stated that the question is whether the Village should pay for
redaction of requested documents, or the requestor.
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Mr. Weiss stated he will redact the invoices, and will not charge the Village.
The following Resolution Title was read by Ms. Mejia:
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH
ENGINEERING SERVICE CORPORATION TO SUPPLY AND INSTALL
CONTROL PANEL UPGRADES AND REPLACEMENT PARTS AT THE
MASTER WASTEWATER PUMP STATION NO. 2 IN THE AMOUNT
NOT TO EXCEED TWENTY EIGHT THOUSAND FIVE HUNDRED
DOLLARS $28,500.00; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
(Parks & Public Spaces Department)
A motion was offered by Councilman Groisman and seconded by Mayor Packer
to discuss the item.
A representative of Craig Smith & Associates introduced the item, and explained that
this item is work on Pump Station No. 2.
Councilman Groisman explained that he separated the item, as it was a red flag for him
that two bidders had pricing within $10 of each other. He stated that he has been
involved in many bid processes, and that this seldom occurs unless they know what the
others are proposers bidding, and that he just wanted to make sure that the process
was fair.
Mr. Gonzalez explained that when the Administration has conducted Requests for
Proposals (RFPs), a sealed bid process be undertaken.
A motion was offered by Councilman Groisman and seconded by Councilman
Sanz to require that any contract at or above $20,000 be procured via sealed bids.
The motion carried (5-0).
Councilman Groisman asked about the warranty provision of the contract, and Mr.
Oldenburg explained the contract provision. Councilman Groisman asked that going
forward all contracts be more clear about the manufacturer warranty. Mr. Oldenburg
stated that he would make sure that this was clarified in all contracts going forward.
R9E Public Comment
Dan Holder (24 Bal Bay Drive) spoke regarding beach showers, and requested that
showers be installed on 96th Street.
Steve Greenberg (9930 Collins Avenue) spoke regarding pedestrian crosswalks, and
provided information on what signing in Sunny Isles looks like.
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Mayor Packer explained that Collins Avenue is a state road, and any signage requires
state approval.
Dina Cellini (211 Bal Cross Drive) spoke about Council Meeting minutes, and request
that they include more specificity.
Councilman Groisman asked the Village Attorney if the obligation for meeting minutes
would be satisfied through transcription of minutes.
Mr. Weiss suggested that Mr. Danie can provide the Council with various types of
minutes.
Councilman Groisman stated that his issue with how previous meetings were prepared
is that they were dependent on individual interpretation.
Neil Alter (9801 Collins Avenue) spoke about the minutes, and would like to see more
detail on the residents' comments.
Anamarie Kelly (2000 Towerside Terrace) spoke, and asked that under Chapter 119
she has asked about minutes for the civic association and information on the ballots that
were counted in Council Chambers, and has never received any information. She
would like the information from the inception of the civic association, as well as the
amount of money the civic association paid for the streets.
Penny Sepler (10275 Collins Avenue) spoke, and brought up various aesthetic issues
around the Village, including waste baskets, pooper scooper stations and benches by
the seawall. She also inquired on the status of the Quarzo.
John Oldenburg stated that the dog receptacles were ordered four (4) weeks ago, and
the benches would be painted over next several days.
Assistant Mayor Cohen stated that she has received various emails regarding the
pooper scooper stations, and that it is important that those are deployed as quickly as
possible. She also commented on the fact that the Village should be more green
conscious, and implement pooper scooper bags that are more environmentally friendly.
Councilman Salver stated that the residents were given a privilege, and they need to be
responsible and bring their own bags, if necessary.
Brian Mulheren (10245 Collins Avenue) spoke, and stated that people need to bring
their own bags.
A motion was offered by Assistant Mayor Cohen to to purchase and deploy
recyclable pooper scooper baps.
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Dina Cellini (211 Bal Cross Drive) spoke, and stated that she supports Assistant Mayor
Cohen on the implementation of the recyclable bags.
The motion was seconded by Councilman Salver. The motion carried (4-1;
Groisman).
Suramy Cabrera (Building Official) provided an update on the Quarzo property.
Neil Alter (9801 Collins Avenue) spoke, and asked that the Village consider eminent
domain and acquiring the space for a public park.
Beth Berkowitz (10160 Collins Avenue) spoke, and stated that she spoke to a resident
living at Quarzo (south of abandoned project), who was looking for an apartment
because they have been given notice of construction. Ms. Berkowitz asked the Building
Department if they had received any applications.
Assistant Mayor Cohen asked if the Village had any standing in denying the
developer/owner permits for any additional developments.
Mr. Gonzalez stated that the Village cannot deny the owner building permits because
we do not like what they are doing at another property. He explained that Florida has
very stronger property rights.
Brian Mulheren (10245 Collins Avenue) spoke, and about the status of the second
building.
Councilman Sanz stated that the discussion of the zoning of this property has been in
question for many years, and any change in zoning should have come before the
Council.
By acclamation, the Council directed the Village Manager Gonzalez to look into
the acquisition of the Quarzo property, as well as the status of the project.
Dan Holder (24 Bal Bay Drive) spoke, and stated that Miami -Dade County is planning
extensive renovations to the Haulover Park. Also, he stated that there are a number of
visitors coming in to the Village with dogs, since the trial period for the dogs began. In
addition, the sign on Haulover regarding food trucks is up continuously, and this may
violate the rules for this type of signage.
Councilman Sanz recused himself from the discussion on the Bal Harbour Shops
Expansion Project, and left the meeting.
R1 — SPECIAL PROJECTS/INITIATIVES
R1A Verbal Report on Bal Harbour Shops Expansion Project
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Mr. Gonzalez provided an update on the Bal Harbour Shops Expansion Project. He
stated that since the last Council Meeting, Village staff has continued to conduct their
internal work. He stated that he is aware that individual meetings have taken place
between the Council Members and the Shops; however, he is not privy to those
conversations and those meetings.
He explained that the issue that has been the focus over the last few months has been
the location of Church by the Sea. The proposed plans were submitted, and were
reported in the media. The Village received amended plans have the Church in a
footprint of 18,000 square feet, west of Bal Bay Drive, where the basketball court and tot
lot are today. Another site was selected during the Council Workshop, which was more
favorable in the Council's perspective.
Mr. Gonzalez explained that he spoke to the Shops and the architect, and explained
that the plans as they are, run counter to the Village's position to opt for more
greenspace.
Mr. Gonzalez explained that the plans were provided to the Council, and have been
placed online so that the public can access them. He stated that he shared with the
Shops, as well as the Council, that the next Workshop should be the Shops coming
back to the Village with a best and final proposal (plans and essential term sheets).
Mr. Gonzalez explained that the staff would continue to conduct their regulatory review.
However, at this point, he does not have much more new information to provide the
Council since last month.
Councilman Groisman stated that he agrees with Mr. Gonzalez that the Village has
spent a lot of time in good faith reviewing the plans and discussing the project. He
agrees that decisions need to be made at this point, and what he final plan is. He
stated that he can share his feelings now or whenever about the submitted plans, and
that the Shops needs to decide what they need from the Council.
Councilman Salver spoke, and asked about the timeframe for bringing a workshop
forward. His concern is the seasonal residents, who may be out of town when a
decision is made.
Mr. Gonzalez explained that the process would include Architectural Review Board
approval, and that the process would extend past the summer.
Amy Huber (Bal Harbour Shops) spoke, and explained that the final plans are the one
submitted to the Village last week. They feel those plans are representative of the
comments received from Council Members and the community. However, there is an
alternate referendum plan, which they plan to submit as well.
Mayor Packer asked for clarification from Ms. Huber.
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Ms. Huber explained that their intent was for the Village to approve two plans — one that
required a referendum, and one which did not. If the referendum failed, then they would
proceed with the base plan.
Councilman Groisman stated that he did not see the need for a workshop, if this is what
the Shops is looking for. He stated that the Council needed one plan to vote on. The
process of accepting to plans is confusing to the public, and does not feel it is a good
process.
Mayor Packer stated that at this point the base plan, which was originally submitted
when the Church was located at the tot lot is still in negotiation. Therefore, the Council
should not vote on something, where they are not sure on the size and square footage.
Matthew Whitman Lazenby apologized if there was confusion. He stated that their intent
is to provide one final set of plans, and that it was a plan palatable to the community.
The reason for two plans was because they wanted to allow the Council to decide
whether Village Hall would be part of the project or not. The only difference between
the base plan and the enhanced plan was the inclusion of Village Hall, as well as the
placement of the Church.
Councilman Groisman stated that if there are still discussions going on, that the Council
is not in a position to vote at this point. The Council would like one plan to vote on, and
that it is not fair to the residents to have two competing plans being considered and
voted on.
Amy Huber stated that the Code does not preclude the Shops from submitting more
than one site plan for their application. She stated that they feel they have submitted a
final plan, and that they have tried to accommodate the comments of the public and the
Council.
Councilman Groisman stated that any community benefits would need to be considered
as part of a single application. It is not acceptable to negotiate those points later.
Mr. Gonzalez explained that the Shops have a strategy, and he has been clear that this
is not acceptable to the Council. He has explained that we are in a stalemate.
Mr. Weiss stated that if the Council wants to receive one plan, they are entitled to ask
for that.
A motion was offered by Councilman Groisman to reject the plans as submitted,
and for the Council to receive one application.
Mr. Weiss stated that the Council can give the Manager some instruction; however,
because this is a quasi-judicial process, and needs to be treated as such.
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Mayor Packer stated that the original plan (base plan), which does not require Village
Hall is not final. There are still negotiations necessary regarding the size of the Church.
Ms. Huber stated that the size of the Church has been voted on by the Congregation.
Mr. Weiss explained that this is only the Manager's Report, and that it has not been
advertised, so they should not be negotiating and debating this issue in this forum.
Mayor Packer stated that therefore, the Council accepts the Manager's Report.
Mr. Gonzalez stated that a date should be selected for a workshop; however, he does
not have a preference whether or not a workshop is held. The Council, however, does
need to make a decision on this project.
Assistant Mayor Cohen stated that she was named the liaison for the project; however,
she has only been included in one meeting. She also stated that she would like to fulfill
her commitment as the Council Liaison.
R10 — VILLAGE MANAGER REPORT
R1 OA Verbal Report from the Village Manager
R12 — VILLAGE ATTORNEY REPORT
R12A Verbal Report from the Village Attorney
Mr. Weiss introduced the item, and stated that if the Council wants to regulate noise,
live aboards, lights, and parties, then the Village Code needs to be revised.
Councilman Groisman stated that he would like that this issue be placed on the next
agenda for discussion. The rules regulating other marinas should be looked into as part
of the item.
Assistant Mayor Cohen stated that the question that needs to be raised that people are
renting spaces in the marina, and whether the intention was to have people sleep on the
boats.
ADJOURN: There being no further business, a motion was offered by Mayor Packer and
seconded by Councilman Groisman to adjourn. The motion carried (5-0): thus, the
meeting was adjourned at 11:01 p.m.
16IPage
Attest:
Dolores M. Mejia, Interim Village
Ierk
Mayor Martin P + kkeerr
17IPage