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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. 1 (Page 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. 2' Page 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. 3IPage 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. 4IPage 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 5IPage 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. 6' Page 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. 7IPage 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. 8IPage 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. 9IPage 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. 10' Page 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. 11 'Page 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. 12 'Page 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 13 'Page 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. 14 'Page 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. 15IPage 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