HomeMy Public PortalAbout2016-03-22 Regular 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
REGULAR MEETING. AGENDA
MARCH 22, 2016
AT 7:00 P.M.
Bal Harbour. Village Hall • 655 — 96th Street • Bal Harbour • Florida 33154
CALL TO ORDER — Mayor Martin Packer called the meeting to order at 7:00 P.M.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth E. Salver
Councilman Jaime M. Sanz
Also Present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Matthew Pearl, Village Attorney
PLEDGE OF ALLEGIANCE — Chief Mark Overton led the Pledge of Allegiance followed
by a moment of silence for the victims of the Brussels bombings.
REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS
Mr. Gonzalez requested that Supplemental Agenda Item R9D be added to the Regular
Meeting Agenda. The request was moved by Councilman Groisman and seconded by
Councilman Salver. Vote: Motion passed 5-0.
Councilman Groisman moved to defer Agenda Item R7B stating that the issue was
complex and the application was not complete and that he had asked the Village
attorney, to look into several issues including the necessary drainage easements,
ownership of concrete docks, clarification of what's happening with the Marina,
clarification of the concurrency issue, the issue that the location sketch did not include
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private lot, review compatibility of re -plat with the future land use map. Mayor Packer
seconded the motion.
Mario Garcia -Serra, representing Flamingo Way LLC, commented that the item is
appropriate for review and that the Village Building Official has determined that the
item is in compliance.
Matthew Pearl, Village Attorney described the condition for easements on the existing
sewer line, concerns regarding the dedication of docks reflected on the plat and not as
conditions.
Vote: the motion passed by unanimous voice vote (5-0).
REGULAR COUNCIL MEETING AGENDA
CONSENT AGENDA
C6 - COUNCIL MINUTES
C6A Regular Council Meeting Minutes — February 16, 2016
Moved by Councilman move by Councilman Sanz and Seconded by Mayor Packer.
Vote: the motion passed by unanimous voice vote (5-0).
REGULAR AGENDA
R1A Verbal Report on the Bal Harbour Shops Expansion Project.
(VILLAGE MANAGER)
Mr. Gonzalez provided a brief history of Bal Harbour Village regarding its passage of a
Charter amendment limit the sale of Village property and he provided a brief summary
of the actions taken by the Village in regards to the plans submitted by the Bal Harbour
Shops on October 28, 2015. He described the direction by Village Council to negotiate
an agreement with the Bal Harbour Shops and return to Council having submitted all
negotiated documents to the Council thirty days prior to meeting.
He stated that the documents were presented to Councilmembers and made public on
February 17, 2016 and a public meeting was set for March 17, 2016, subsequently
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 P e 12
changed to April 13, 2016 by Village Council at a Special Meeting held March 4, 2016.
He stated that the turn -around time from October 2016 to the present represented an
enormous amount of effort by all involved and countered the notion that the Village
was "dragging its heels". He further described the extensive public records requests
received by the Village on February 22, February 26, and March 11 and March 22, 2016
and lawsuits filed by the Bal Harbour Shops against the Village and against Assistant
Mayor Cohen.
The Village Clerk described the used to -date in responding to the public records
requests.
Assistant Mayor Cohen described her actions and steps she had taken with working with
the Village Clerk in responding to the request. She stated that she had engaged her
own attorney to represent her. She related her efforts in asking the Administration to
clarify the procedures to be followed and asked the Village Attorney to explain the
requirements of the Village Charter.
Mr. Pearl explained the requirements of the Village Charter and read a letter from
Village Attorney Richard Weiss.
Assistant Mayor Cohen stated that she deserved and it is in her best interest to engage
her own personal counsel. She stated that the reason that she is being targeted is that
in a previous public meeting she had said that she was not in agreement with the
sale/transfer/lease of Village Hall and there is no merit in its destruction to build more
shops.
David Paul (9801 Collins Avenue) commented that attacking the Village and Assistant
Mayor Cohen was intimidation, and that Mayor Packer and Assistant Mayor's Cohen's
standards of integrity as an in carrying out their roles as elected official were exemplary.
Babak Raheb (128 Balfour Drive) clarified that "several years" was only 2.5 years, he then
read a letter from Stanley Whitman into the record and asked that the Council instruct
the Administration to clarify the issues raised by the letter.
Councilman Groisman asked the Village Attorney if a pending lawsuit would be reason
to defer a Council vote to which Joseph Serota, Village Attorney replied that it would
not be.
Raj Singh (53 Camden Dr.) commented that the letter was offensive and manipulative,
that the Shops is miscommunicating and that he would be in favor Assistant Mayor
Cohen having an outside attorney.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 f' : c 13
Mark Fisher (284 Bal Bay Drive) spoke against the Shop's lawsuit against Assistant Mayor
Cohen, and questioned why the Shops would want Village Hall and whether or not the
project could move forward without Village Hall property.
Mayor Packer stated that the question in front of the Council included the sale of
Village Hall. To which Mr. Fisher replied that maybe a better approach would be to
approach the Shops with Village Hall not up for consideration.
Lynn Bloch Mullen (10150 Collins Avenue) commended the Mayor and the Vice Mayor
for doing the job that they were elected to do. She stated that this project should be
stopped.
Councilman Groisman commented that the process needs to be an open process with
comments from the public, knowing from where the comments are coming.
Irwin Shay (9801 Collins Ave.) likened the lawsuit against Assistant Mayor Cohen to the
McCarthy trials of the 1950's. He stated that he is not exposed to expansion, but it
needs to be done in a respectful manner and that as a resident of Balmoral, he is not in
favor of a Village Hall across the street.
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke regarding the State Statute that
pertains to the intimidation of public officials. She then read from a letter that she
stated was proof of voter fraud involving the Bal Harbour Shops and the Balmoral.
Irwin Shay (9801 Collins Ave.) stated that has a unit owner of the Balmoral, he had not
seen Ms. Kelly's letter, nor has David Paul the Committee Chairman of the Legal
Committee of the Board of Directors. He stated that the Balmoral does not control the
votes of its residents.
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke.
Daniel Holder (24 Bal Bay Dr.) commended Assistant Mayor Cohen for her opposition of
the sale of Village Hall. He gave his opinion that the attempt to intimidate the Vice
Mayor was an affront.
Stacey Rothman (Harbour House) commented that she had met with the Whitman
family and that she was not interested in an expansion.
Sara Sheridan (160 Bal Cross Drive) thanked the Council for volunteering their time and
service and interest. She emphasized balance and perspective and transparency.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 P a 12 e 14
Brian Mulheren (10245 Collins Ave.) commented these were not negotiations and that
the attack of Assistant Mayor Cohen was a disgrace.
Neil Alter (9801 Collins Ave.) commented on the lawsuit against Assistant Mayor Cohen
and recommend that her attorney expenses be covered by Bal Harbour Village. He
stated that there should be a formal response to Mr. Whitman's letter, to which Mayor
Packer agreed.
Assistant Mayor Cohen commented that she had been asking for the record to be set
straight for months. Mayor Packer commented that he want it to go out on the last
newsletter but the newsletter turned out to be an advertisement for the Shops.
Assistant Mayor Cohen agreed.
Councilman Groisman suggested that a formal response be provided at the meeting to
which Mayor Packer responded that it needs to go out before the public meeting.
Mr. Gonzalez suggested that since the Village Council is in litigation, it should come
from the Village Attorney.
Neil Alter (9801 Collins Ave.) asked for clarification if all meetings should be suspended
until litigation with the Shops was complete. Mr. Serota reiterated that he was not
aware of any prohibition, but stated that the Council can defer any item before them for
a reason.
R5 — ORDINANCES
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
SECTION 5-5 "DOGS PROHIBITED IN PARKS, ON BEACHES; DOGS
RUNNING AT LARGE; CANINE EXCREMENT" OF CHAPTER 5
"ANIMALS" OF THE VILLAGE CODE OF ORDINANCES, TO PERMIT
DOGS ON VILLAGE BEACHES ON A PERMANENT BASIS SUBJECT TO
CERTAIN LOCATION RESTRICTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
(VILLAGE MANAGER)
The item was moved for discussion by Councilman Salver and Seconded by Mayor
Packer.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 Pa L e 5
Mr. Gonzalez described the pilot ordinance that had passed one-year prior, that had
included a one year review date, and he then described the success of the ordinance
and the value to the Village.
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Mayor Martin Packer
X
Councilman Jaime M. Sanz
X
Councilman Seth E. Salver
X
Vote: the ordinance was passed on second reading by unanimous roll call vote (5-0).
R7 — RESOLUTIONS
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH C & I
CONSTRUCTION AND DESIGN INC. TO PROVIDE THE NECESSARY
LABOR AND MATERIALS TO SUPPLY AND INSTALL A MASTER
SEWAGE FLOW METER ADJACENT TO PS-2 FOR AN AMOUNT NOT
TO EXCEED ONE HUNDRED FIFTY FIVE THOUSAND TWO HUNDRED
SIX DOLLARS ($155,206); PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
(PARKS AND PUBLIC SPACES DEPARTMENT)
The item was moved for discussion by Councilman Salver and Seconded by Mayor
Packer.
Mr. Gonzalez described the present status of the sewer system and how the
engineering construction item would settle the settle a billing dispute between the
Village and Surfside by insuring accurate billing.
Irwin Shay (9801 Collins Ave.) recommended the monitoring of the cost effectiveness of
the initiative.
Vote: the resolution was passed by unanimous voice vote (5-0).
R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA APPROVING THE BUILDING OFFICIAL'S
DETERMINATION THAT A WAIVER OF PLAT APPLICATION BY
Ba1 Harbour Village Regular Council Meeting Agenda — March 22, 2016 1' s c 16
FLAMINGO WAY ENTERPRISES, LLC, SEEKING TO CREATE THREE
SINGLE FAMILY RESIDENTIAL LOTS FROM AN APPROXIMATELY
THREE -ACRE PORTION OF TRACT "E" OF THE BAL HARBOUR
RESIDENTIAL SECTION PLAT, GENERALLY LOCATED SOUTH OF BAL
BAY DRIVE ON THE NORTH SIDE OF THE YACHT BASIN MEETS THE
VILLAGE CODE OF ORDINANCES; INSTRUCTING THE VILLAGE CLERK
TO TRANSMIT THIS RESOLUTION TO MIAMI-DADE COUNTY FOR ITS
REVIEW; PROVIDING FOR VIOLATION OF CONDITIONS; PROVIDING
FOR AN EFFECTIVE DATE. (DEFFERED)
(BUILDING DEPARTMENT)
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA; APPROVING AN AGREEMENT WITH C.A.P.
GOVERNMENT, INC. FOR THE PROVISION OF BUILDING
DEPARTMENT SERVICES; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
(VILLAGE MANAGER)
The item was moved for discussion by Councilman Salver and Seconded by Councilman
Sanz.
Mr. Gonzalez described the item, the restructuring of the building department, the
benefits of having an in-house building official and the services that would be provided
by the proposed agreement. Councilman Groisman comment that the fee schedule
seemed high, to which Mr. Gonzalez replied that the fees reflected the current market.
Nina Rudolf (212 Bal Bay Drive) inquired how the status of an in-house building official
differed from past building officials, to which Mr. Gonzalez answered that the new
building official would be a salaried employee and building inspector whose salary was
not based on a percentage of a project.
Councilman Groisman asked for clarification if all contractual work would be phased
out, to which Mr. Gonzalez replied, that there would still be a need for specialized
contractual work for trades that do not require full time Village employees.
Irwin Shay (9801 Collins Ave.) asked for clarification open permits, to which Mr. Gonzalez
replied that these have been identified.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 Page 17
Shlome Alexander (252 Bal Bay Drive) commented on the hourly rate for inspector and
plans examiners. He then commented favorably of the newly hired Building Official,
Suramy Cabrera.
Brian Mulheren (10245 Collins Ave.) commented favorably on the Manager following the
recommendations of the Budget Committee in hiring the Building Official.
Beth Berkowitz (10160 Collins Ave.) complained that the listed property, 291 Bal Bay
Drive was an eye sore, to which Assistant Mayor Cohen agreed and asked Mr. Gonzalez
how long would the project go on, to which Mr. Gonzalez replied that he was not sure
how long.
Vote: the resolution was passed by unanimous voice vote (5-0).
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND
UNIVERSAL SIGNS AND ACCESSORIES FOR THE PURCHASE AND
INSTALLATION OF IN -ROAD CROSSWALK SYSTEM AND
MAINTENANCE SUPPORT SERVICES; APPROVING THE EXPENDITURE
OF $61,325 FOR THE PURCHASE AND INSTALLATION OF IN -ROAD
CROSSWALK AND $3,445 FOR ANNUAL RECURRING COST FOR
MAINTENANCE SUPPORT SERVICES; AND PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
(POLICE DEPARTMENT)
The item was moved for discussion by Councilman Sanz and seconded by Assistant
Mayor Cohen.
Mr. Gonzalez described the item and listed the corrections for installation costs to be
made to the dollar amounts listed in the agenda packet.
Chief Mark Overton provided a presentation of his research and his recommendations
for pedestrian activated crosswalks utilizing a bollard system.
Brett McCain (Universal Signs and Accessories) presented elements and features of the
proposed system. A general discussed ensued regarding the presentation, pedestrian
traffic and Collins Avenue vehicle traffic.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 P ,1 L., e 8
Babak Raheb (128 Balfour Drive) asked if the State could pay for a portion, or the Resort
Tax Committee, or just install a traffic light, to which Chief Overton replied that DOT
would consider, but the wait period would be two years, wherein the need for safety is
immediate.
Nina Rudolf (212 Bal Bay Drive) spoke against the crosswalk lights.
Neil Alter (9801 Collins Ave.) commented that there was a need for crosswalk lights and
inquired about the costs and whether or not there was feedback from communities that
have implemented similar systems.
Mike Isaac (90 Harbour Way) commented on the timing of the lights on Collins Avenue.
Daniel Holder (24 Bal Bay Dr.) agreed with Ms. Rudolf.
Ree Kelly (2000 Towerside Ter., Miami Shores) spoke against the crosswalk lights.
Irwin Shay (9801 Collins Ave.) inquired about installations on Florida highways and
spoke against the crosswalk lights.
Brian Mulheren (10245 Collins Ave.) spoke in favor of the crosswalk lights commented
that we are just putting lights on an existing crosswalk that could save lives.
Raj Singh (53 Camden Dr.) spoke in favor of the crosswalk lights in a crosswalk that has
existed for many years. Assistant Mayor Cohen expressed that she is confused by
blinking lights that would cause cars to stop.
Doug Rudolf (212 Bal Bay Drive) expressed his confusion on pedestrian right-of-way and
asked if anyone has ever been hit in Bal Harbour and commented that there is currently
a big problem with traffic flow.
Mayor Packer commented on Surfside's crosswalk lights that creates a red light that
stops traffic, and that the limited use of the crosswalk would not create a large problem.
Beth Berkowitz (10160 Collins Ave.) commented that children tend to use this crosswalk
and the need for the lights for additional safety.
Chief Overton agreed that the limited use of the crosswalk would not a create traffic
problem and the technology would add additional layers of safety and described
motion -loops versus timing -loops and the impact of bridges raising for boat traffic.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016
Page 19
Babak Raheb (128 Balfour Drive) spoke a second time regarding his concern about cars
creating rear -end accidents and emphasized pursuing an actual traffic light, to which
Mr. Gonzalez describe the State process required, and this type of system is installed in
other similar places and it does work.
Chief Overton commented that a traffic light at this location is not an option as well as
removing the crosswalk altogether, that these lights would be an enhancement.
Councilman Groisman praised Chief Overton in being focused on public safety. He
related is personal experience and personal loss, stressing the importance of this issue.
Councilman Salver add that the aesthetic impact would be minimal
Assistant Mayor Cohen agreed with Ms. Kelley's comments, stating that this option was
unattractive and other options should be explored.
A Motion to amend the resolution to accept the dollar amount changes and select
Option 1 was made by Councilman Groisman seconded by Mayor Packer. Vote: the
motion passed by unanimous voice vote (5-0).
Vote: the resolution was passed by unanimous voice vote (5-0).
R9- NEW BUSINESS AND COUNCIL DISCUSSION
Mr. Gonzalez made a public service announcement that on Monday, April 18, 2016 at
6:00 PM at Village Hall there would be a Construction Kick-off meeting for Phase I of the
Sewer Enhancement, to meet the contractor and getting a sense of the timing and
sequence of the project.
R9A Discussion regarding the letter from Stanley Whitman to Bal Harbour
residents - Discussed under Agenda Item R1A.
(ASSISTANT MAYOR PATRICIA COHEN)
R9B Discussion regarding questions from Dan Holder presented during
February 16 Regular Council Meeting.
(ASSISTANT MAYOR PATRICIA COHEN)
Dan Holder (24 Bal Bay Dr.) commented that a lot of misinformation was going out to
the residents of Bal Harbour. He requested that the questions that he submitted be
Bal Harbour Village Regular Council Meeting Agenda - March 22, 2016 P ig c 110
answered and sent to Bal Harbour residents. Assistant Mayor Cohen commented that it
was important to let everyone know that a decision has not been made.
Mr. Gonzalez asked for clarification on the Council's wishes to send a letter to residents
from the Village Attorney. Mr. Serota stated that he can prepare a letter relating to the
process. Assistant Mayor Cohen commented that the letter needed to be written in
every -day language, not legalize. Councilman Groisman suggested being mindful of
maintaining the integrity of the quasi-judicial process and just stick to the facts, the
process.
Susan Packer commend the Council for their patience, but stressed that it was
important to provide answers to Dan Holder's questions to residents prior to the April
13 meeting.
Mr. Paul requested the Council to postpone the April meeting until everyone is
educated on the issues.
Babak Raheb (128 Balfour Drive) quoted the Declaration of Independence and
suggested postponing the April 13 meeting.
Orly Alexander (248 Bal Bay Drive) commented that it is the obligation of the Village to
correct the letter.
Lynn Bloch Mullen (10150 Collins Ave.) commented that she doesn't want the April
meeting.
Brian Mulheren (10245 Collins Ave.) commented that our legal counsel has the
responsibility to respond to residents.
Assistant Mayor Cohen suggest postponing the April meeting to which Mr. Pearl
suggested that in preserving the integrity of the process, that the Council call and
notice a Special Council Meeting.
Assistant Mayor Cohen made a motion to call a Special Council Meeting at which the
lawsuit could be discussed.
Kent Harrison Robbins (Counsel for Assistant Mayor Cohen) stated that he wished the
case could go away, that he does not believe the matter will be resolved quickly.
Councilman Groisman commented that the continuous deferral of items serves no one.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 Page 111
Mayor Packer commented that April 13 was not far away and expressed with he would
go along with the meeting as scheduled.
Assistant Mayor Cohen commented that the Council was ignoring the will of the people
by moving forward while under litigation.
Mark Fisher (284 Bal Bay Drive) asked if the plan could be amended. Councilman
Groisman stated that the developer could not amend the plan, but conditions could be
placed by the Council. Mr. Gonzalez described the process that would occur during the
April 13 meeting.
Irwin Shay (9801 Collins Ave.) commented that the Village Council could call an
emergency meeting to change the April 13 meeting to a non -voting meeting.
Neil Alter (9801 Collins Ave.) reiterated that having not read the development
agreement, it was important that Dan Holder's questions be answered.
Assistant Mayor Cohen moved that the Village Attorney write a letter in everyday
language with the conditions set forth in Mr. Weiss's email, including a statement that
Council has acted in accordance with the Village Charter. The motion was seconded by
Mayor Packer. Vote: the motion was approved by unanimous voice vote (4-0).
Dan Holder (24 Bal Bay Dr.) asked the Council to direct the manager to send a separate
letter to residents addressing his questions to which Mayor Packer requested the
Manager to do so. Mr. Gonzalez stated that the challenge to answering the questions
was staying unbiased when some of the questions themselves were biased.
Councilman Groisman suggested avoiding answering leading questions by coming up
with a summary of issues that answer the questions raised.
Mr. Gonzalez replied he has been very careful to remain unbiased, that he only wants to
present facts.
Orly Alexander (248 Bal Bay Drive) thanked the Council for its patience and reiterated
that we should not negotiate with the Shops while there is litigation.
David Paul (9801 Collins Avenue) described the differences between a text amendment
and a variance.
Beth Berkowitz (10160 Collins Ave.) stated that she had read the development
agreement and the staff report and everything that has been put on the website. She
stated that she cannot possibly imagine how others could understand what is being
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 P a Ez c 112
presented, nor would other residents have the time, energy to review and understand
the documents.
Assistant Mayor Cohen commented that in a similar municipality it took more than 3 to
4 days to meet on a similar project. She commented that she is not prepared to go into
a meeting.
Brian Mulheren (10245 Collins Ave.) commented that the plans have changed. He
commented the whole process is being rushed and that there is so much information
being presented, that nobody understands it. He stated that the April meeting should
be stopped and that there is no reason a vote cannot be taken tonight.
Assistant Mayor Cohen moved to postpone the April meeting until the litigation against
the Village has been resolved. Mayor Packer seconded the motion.
Mr. Pearl, Village Attorney counseled calling a Special Meeting to address the issue can
be properly noticed and discussed. Assistant Mayor Cohen withdrew her motion.
Assistant Mayor Cohen moved to call a Special Meeting. A general discussion ensued
regarding the timing of the meeting and public notice for the meeting.
Assistant Mayor Cohen made a motion to schedule a Special Council Meeting on
Thursday March 24 to Mayor Packer seconded the motion. Vote: Motion failed (2-2).
Councilman Groisman moved to adjourn, Councilman Salver seconded the motion.
The Meeting was adjourned at 12:05 A.M.
R9C Public Comment
Brian Mulheren (10245 Collins Ave.) commented that Councilman Sanz should be able
to vote on the Assistant Mayor Cohen's discussion items, to which Mr. Pearl responded
that discussion items R9A and R9B pertained to the Bal Harbour Shops and that he
should not participate in accordance with the opinion of the Miami -Dade County Ethics
Commission.
Supplemental Agenda
R9D Discussion regarding engaging private counsel in regards to the
Complaint and Emergency Motion received by the Bal Harbour Village
respectively on March 7 and March 17, 2016
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 I' a e 113
Mr. Gonzalez introduced the item and had the Village Clerk read the title of the
prepared resolution.
(ASSISTANT MAYOR PATRICIA COHEN)
The Resolution was moved for discussion by Councilman Groisman and seconded by
Mayor Packer. Vote: the Resolution was passed by unanimous voice vote (4-0).
R1O—VILLAGE MANAGER REPORT
R1 OA
(VILLAGE MANAGER)
R1 1 —VILLAGE CLERK REPORT
R11A Village Lobbyist Registration Report
(VILLAGE CLERK)
R12 —VILLAGE ATTORNEY REPORT
R12A Update on the acquisition of public open space
Mr. Pearl provided and update trustee appointed actual acquisition in 2 months
requires resolution of Council
Mark Fisher (284 Bal Bay Drive) east side of guardhouse
Doug Rudolf (212 Bal Bay Drive) asked for clarification of the appointing of trustee.
Mr. Gonzalez described the steps required for the sewer project.
Babak Raheb (128 Balfour Drive) spoke.
Neil Alter (9801 Collins Ave.) asked for clarification of the easements, to which Mr.
Gonzalez explained the process.
Neil Alter (9801 Collins Avenue) inquired if Councilman Groisman would be recusing
himself in regards to the easements, to which Mr. Gonzalez replied that he would.
Bal Harbour Village Regular Council Meeting Agenda — March 22, 2016 I e l 14
Dina Cellini (211 Bal Cross Drive) commented that the appointing of a trustee was the
first step in acquiring the "gate park", to which Mr. Gonzalez commented that Ms.
Cellini was correct and explained the steps to establish public necessity in acquiring
open space.
Councilman Groisman commented on the calculation used for Greenspace and that it is
possible to acquire the property through adverse possession.
Tony (Harbour House) introduced Sam Raz who spoke about public safety on beach and
the lack of lifesavers. Chief Overton described the deployment of rescue disks on the
beach. Council Groisman suggested placing a disk on the Jetty and that each building
on the beach have them available.
Orly Alexander (248 Bal Bay Drive) commented on the lack of life guards, to which Mr.
Gonzalez replied that the Resort Tax Committee could fund life guards, point out an
issue is where they would be placed. He described the utilization of beach rangers.
Raj Singh (Sea View Hotel) commented that the utilization of life guards is a public good
and Resort Tax and General Fund dollars could be utilized.
Nina Ruldolf (212 Bal Bay Drive) commented on the deferring of the re -platting. Mayor
Packer commented that a special notice to people in the Gated Community would be
provided before the item was heard again.
END OF REGULAR AGENDA
/4de-et
Mayor Martin acker
Dwight S'Danie, Village Clerk
Bal Harbour Village Regular Council Meeting Agenda— March 22, 2016 Page 115