HomeMy Public PortalAbout2016-04-13 Special Council Meeting MinutesBAL 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
SPECIAL MEETING AGENDA
APRIL 13, 2016
AT 5:45 P.M.
Sea View Hotel- 9909 Collins Ave, Bal Harbour, FL 33154
A. CALL TO ORDER: Mayor Martin Packer called the meeting to order at 5:45 PM.
The following were present:
Mayor Martin Packer
Assistant Mayor Patricia Cohen
Councilman Gabriel Groisman
Councilman Seth E. Salver
The following were not present:
Councilman Jaime M. Sanz
Also Present:
Jorge M. Gonzalez, Village Manager
Dwight S. Danie, Village Clerk
Richard Jay Weiss, Village Attorney
B. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Dwight Danie,
Villager Clerk.
Motion: A Motion defer agenda Item E-2 was moved by Mayor Martin Packer and
seconded by Councilman Seth Salver. Vote: The Motion Passed by unanimous voice
vote (4-0).
Mr. Weiss requested that an executive session be held concerning Flamingo Way
Enterprises vs. Bal Harbour to be scheduled at the Council's convenience.
Attorney Susan Trevarthen, Weiss Serota, described the steps in which the public
hearing would proceed and read the following procedures for a quasi-judicial hearing.
Please be advised that Items E-1 and E-2 are quasi-judicial in nature, and the
remaining items on the agenda are legislative in nature. However, certain
information is relevant to both the legislative and quasi-judicial items, and will
be presented concurrently.
For each item on the Special Council Meeting agenda and on the Local Planning
Agency Agenda, the applicant and the Village staff will make presentations, and
the Mayor will entertain public comment. If you wish to comment upon the
agenda item, please inform the Mayor when he asks for public input on it. An
opportunity for persons to speak will be made available after the applicant and
staff have made their presentations on the item. All testimony, including public
testimony and evidence, will be made under oath or affirmation.
Additionally, for items under the Quasi -Judicial portion of the Special Council
Meeting Agenda, each person who gives testimony may be subject to cross-
examination. If you refuse either to be cross-examined or to be sworn, your
testimony will be given its due weight (with regard to the quasi-judicial items).
The general public will not be permitted to cross-examine witnesses, but the
public may request the Village Council to ask questions of staff or witnesses on
their behalf. Persons representing organizations must present evidence of their
authority to speak for their organization. Further details of the quasi-judicial
procedures in Section 2-201, et seq., of the Village Code may be obtained from
the Village Clerk.
Ms. Trevarthen asked Councilmembers the agreed that each of them had had
extentensive written and oral communication with the applicant related to the
legislative and quasi-judicial applications, to which the Councilmembers responded in
the affirmative. Ms. Trevarthen then asked Councilmembers if they were willing and
able to consider the application based on the evidence of the written record, to which
Councilmembers reponded in the affirmative.
The Village Clerk swore in all those who would be providing testimony.
Mayor Packer introduced Dan Dietch, Mayor of Surfside.
C. PRESENTATIONS ON THE PROPOSED BAL HARBOUR SHOPS EXPANSION
PROJECT BY THE APPLICANT AND VILLAGE STAFF
Mr. Gonzalez introduced members of his team and then provided a brief summary of
the project. Jorge Gomez, Consultant for the Bal Harbour Shops Expansion, said that
his guiding principals were increase publicly owned space, increase open space,
improve pedestrian experience, enhance Village aesthetics, consolidate Village
facilities, and minimize the operation disruption as it pertains to Village Hall.
John Shubin, Attorney for the Bal Harbour Shops introduced himself and his associate
Amy Huber, and the Bal Harbour Shops team. He said that he had concerns regarding
Assistant Mayor Patricia Cohen's participation in the hearings and demanded that she
abstain from voting on any issue related to the Shops expansion adding that she had
improperly prejudged the project.
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Pa g e 12
Mayor Weiss said that this portion of the meeting was dealing with the legislative item,
that he viewed the discussion of regarding pre -judging and bias as a personal attack
on Assistant Mayor Cohen.
Mr. Shubin said that he disagreed, that saying that the discussion regarding the
legislative item was intertwined with the quasi-judicial portion of the application,
adding that he had the right to produced evidence of bias. He described the public
records request that he had made in February for records stored in Assistant Mayor
Cohen's private emails. He also noted that Councilman Jaime Sanz had been advised
not to participate this evening because as an employee of Neiman Marcus, he was told
that he had a conflict with respect to the quasi-judicial portion of the meeting which
was intertwined with the leglislative portion. He thanked Mr. Weiss for the stipulation.
Councilman Groisman said that there is no stipulation on behalf of the Village Council,
and that Mr. Shubin had made the statement to preserve his arguments on the record.
Mr. Shubin said that he was concerned that issue of the sale of Village Hall had not
been first sent to voters, to which Mr. Weiss described the Village Charter language
regarding the transfer of Village property in that the Council needed to determine if it
was in the best interest of the Village, and if the voters agreed.
Mr. Shubin said there is no indication in any of the documents produced by the
Village's staff and consultants that suggests that the sale of Village Hall is not in the best
interest of the Village.
Bernard Zyscovich, Zyscovich Architects, introduced Roberto Bezold and Raymond
Jungles, then provide a presentation of renderings and a video walkthrough of the
project.
Mayor Packer asked where the wider sidewalks would be placed along Collins Avenue,
to which Mr. Zyscovich responded that it would be on the Shop's property, and to
which Mr. Gomez added that all were in agreement that there would be a perpetual
easement to the Village, with the Shops obligated to maintain, clean and upgrade, and
would maintain responsibility for any accidents on the sidewalk.
Charles Siemon, BHS Land Use Planning Consultant, said that he concurred with staff
reports and he had never seen such an imbalance, with the benefits and
enhancements, favoring the Village, in a development agreement.
Mathew Lazenby, Bal Harbour Shops, provided and overview of his family and the Bal
Harbour Shops, saying that he was proud to be part of this project. He said what is
good for the Village is good for the Bal Harbour Shops.
Mr. Gomez clarified that that the Village was requesting an additional 10 parking
spaces for a pedestrian -only space that links the Collins Avenue sidewalk to the Shops
and that a condition would need to placed when the Shops comes in for a building
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 13
permit. He said that the public plaza, which can be turned into a public event space, is
the valet parking area. He said that the rendering of the new Village Hall is not a
finalized design and which would require public and Council feedback as would the
proposed Community Center on the waterfront property. He said that the
development agreement requires a $2.5 million contribution and preliminary Site
Plans.
Mr. Gonzalez said that his role was to make the best agreement that he could make
and present it to the Council. He said that the public benefits, gained by extensive
negotiations, were significant. He said that it was his job to ensure that what was
presented to the Council was proper, legal and achievable.
C-1.
Conveyance of Village Hall: A RESOLUTION OF THE VILLAGE COUNCIL OF
BAL HARBOUR VILLAGE, FLORIDA; DETERMINING THAT THE
CONVEYANCE OF THE VILLAGE HALL STRUCTURE AND SITE TO BAL
HARBOUR SHOPS, LLLP. IS IN THE BEST INTEREST OF THE VILLAGE;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE. (Legislative)
Motion: A Motion to approve the resolution was moved by Counciman Groisman and
seconded by Mayor Martin Packer.
Kent Harrison Robbins, Bay Harbor Islands, Attorney for Assistant Mayor Patricia
Cohen, turned his back to the Council to speak to members of the audience. He
described his work with Assistant Mayor Cohen in reviewing over 15,000 emails on her
personal electronic devices going back to the year 2010 , and they have served over
10,000 emails meeting the critera for public records to the Shops attorneys.
Guillermo Olmedillo, Surfside Town Manager, said that Surfside Commissioners were
concerned about the impact on traffic the project may have.
Tina Paul, Town of Surfside Commissioner, said that she was also concerned about the
impact that bright lights may have on the houses across from the Shops on the other
side of 96th Street.
Paul Pruess, 1011 Collins Avenue, speaking as the President of the Board of the Palace
of Bal Harbour, spoke in favor of the project and agreed that there should be a public
referendum. He expressed his displeasure at the total lack of control at the previous
Council Meeting.
Elsie Howard, 9999 Collins Avenue, spoke in favor of the project, saying that the Bal
Harbour Shops is what makes Bal Harbour known worldwide. She said that an
enhanced community is built on positivism.
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Pa g e 14
Sybille Holder, 24 Bal Bay Drive, spoke against the project, saying that the scale would
overwhelm the community and that the increased traffic would be disasterous.
Daniel Holder, 24 Bal Bay Drive, spoke against the project, saying that the expansion
would require numerous code and text amendments or variances or rezoning.
Lynne Bloch Mullen, 10150 Collins Avenue, urged the Council not to trade Village Hall.
Penny Sepler, 10275 Collins Avenue, said that she agreed that the voters should
decide whether or not to sell Village Hall, and that the idea of a new Village Hall on
Collins Avenue, as a civic hub, was interesting.
Don Jacobs, 10225 Collins Avenue, said that he found it astounding that the Counciulk
would wrestle with this decision considering the remunerations and enhancements to
the entire community.
David Kwiat, 10185 Collins Avenue, said that, by appearances, the expansion would
improve the quality of life in Bal Harbour. He said he would like to see the development
language modified to protect from any future replacement of luxury retail with big box
stores.
Kenneth Davis, 9802 Collins Avenue, spoke against the expansion saying that he did
not want to live across from a construction site for the next 10 years.
Gill Wachsman, 10225 Collins Avenue, spoke in favor of the expansion, saying that it
was in the best interest of the Community, and it will improve property value, and it will
be good to replace a shabby little park and a deteriorating Village Hall.
Juan Carlos Planas, 1885 NE 29th Avenue, Aventura, said that he was representing
members of the Bal Harbour Neighbors Alliance. Mr. Weiss asked him if he was
registered as a lobbyist, to which he responded that he was not. He then said that
there will be problems with the ballot language.
Dr. Michael Crop, 9601 Collins Avenue, said Village Hall had been evaluated at a very
low figure according a Wall Street Journal article regarding similar properties. He said
that it was his opinion that the voters should definitely have the opportunity to decide.
Janie Kupferman, 9999 Collins Avenue, spoke in favor of the expansion, saying that
saying everybody profits from the Shops in terms of property value, and that given the
condition of the current Village Hall, a new Village Hall with an emergency center would
be an asset.
Miriam Desjardins, 10155 Collins Avenue, said that she thought that the expansion was
one of the best things to happen to Bal Harbour.
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 15
Neil Alter, 9801 Collins avenue, said that as a resident of the Balmoral he was looking
forward to a sizeable payment adding that it would be contingent upon a positive
referendum. He expressed his concern about traffic.
Baruch Halpern, 9610 Collins Avenue, President of the Board of the Majestic Tower,
said that he was one-hundered percent in favor of the expansion. He said that the
Shops was the epicenter of the Village.
Rose Schrieber, 10155 Collins Avenue, spoke agains the expansion, saying that the
disruption caused by construction would be much worse that the disruption she has
experienced from her own building's renovation.
Mark Fisher, that this is a deal for the Village, and it gives everybody seventy-five
percent of what they want, in that it helps the Shops and helps the Village. He proffered
that the Shop relinquishe the idea of getting Village Hall, that the Shops agree that no
lanes on Collins be closed, warned thatthere should be some guarantee thatthe Shops
stays in the Whitman family.
Raymond Slate, 10155 Collins Avenue, spoke in favor of the expansion, saying that the
Village doesn't have an adequate park, city hall or police station. He added that most
people speaking agains the project are older residents and don't want to deal with the
disruption.
Daniell Touboul, 10225 Collins Avenue, said that the Board of Directors of the Bellini
Condominium Association voted in favor of the expansion including the sale of Village
Hall. She said that she also sat on the Board of the Chuch by the Sea, and the members
had also voted unanimously to sell the church.
Neca Logan, 64 Camden Drive, said that the expansion is just too grand and a
construction period often years is too long.
Brian Mulheren, 10245 Collins Avenue, urged the Council to vote agains the
expansion, saying that the Village should remain the Village.
Nina Rudolph, 212 Bal Bay Drive, said that she thought that it would be okay for the
Shops to expand a little bit.
Lucia Dougherty, 333 SE 2nd Avenue, on behalf to the political action committee Bal
Harbour Neighborhood Alliance, urged the Council to submit a petition to the
electorate first.
Holly Sanders Looby, 220 Bal Bay Drive, spoke against the expansion, saying that it was
purely for the benefit of the Whitman family to make money. She said that she liked the
community the way that it is.
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Pa g e 16
Barry Shevlin, 162 Bal Bay Drive, spoke againstthe expansion saying that it would have
an extremely adverse impact on the community in terms of traffic and construction
disruption.
Jeam Rosenfield, 10155 Collins Avenue, said that the Village Council was never
supposed to be the deciding factor on whether or not the sale of Village Hall was in the
best interest of the community, that it should be up to the voters.
Stacy Rothman, 10275 Collins Avenue, said that she loved the Bal Harbour Shops just
the way that it is. She said that everbody is shopping online, so the mall would be a
big mall with nobody going to it.
Jorden Cohen, 9801 Collins Avenue, spoke in favor of the expansion, but said he was
concerned about traffic, suggesting that Bal Harbour work with Surfside to help allieve
congestion.
Bob Goodman, 9999 Collins Avenue, said that he was working with Lucia Dougherty
with the Political Action Committee, and urged the Council to move forward in
submitting a petition to the electorate.
Mr. Weiss said that although this portion of the meeting was not quasi-judicial, the he'd
like to ask the Applicant if the would like to cross-examine any of the people who had
spoken, to which Mr. Shubin responded that he would not.
Councilman Groisman said that he would limit his comments only to Agenda Item C-1.
He said that he would like to amend the resolution so that its approval is contingent
upon approval of the Bal Harbour Shops Plan and the Development Agreement.
MOTION: A Motion to amend the resolution to make its approval contingent upon
the approval of the Plan and Development Agreement was moved by Councilman
Gabriel Groisman and seconded by Councilman Seth Salver.
ROLE CALL
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
Mayor Martin Packer
X
VOTE: The Motion failed 2-2 with Assistant Patricia Mayor Cohen and Mayor Martin
Packer voting against.
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 17
•
•
V
N.
Councilman Groisman ask for a reconsideration of the vote, to which Mr. Weiss said
that according to Robert's Rules he was not on the prevailing side, so he could not.
Councilman Salver thank all those in attendance. He said that all councilmembers are
beholden to the the whole community, saying that it is important to allow the people
to decide. He asked for futher clarification for the next steps.
Mr. Weiss said that if Agenda Item C-1 were approved, then C-2 would basically be
putting the item on the ballot, followed by a long list of items. He said that the
referendum would not be for the approval of the Plan, but it would solely be for the
transfer of Village Hall.
The item was called to a roll -call vote by Mayor Martin Packer.
ROLE CALL
Yes
No
Assistant Mayor Patricia Cohen
X
Councilman Gabriel Groisman
X
Councilman Seth E. Salver
X
Councilman Jaime M. Sanz
Mayor Martin Packer
X
VOTE: The item failed 2-2 with Assistant Patricia Mayor Cohen and Mayor Martin
Packer voting against.
None of the remaining items on the Agenda items were considered.
The Meeting was adjorned at 10:51 PM.
Cie:4,z/
Mayor MarAin Packer
0 SO" )
f- F
Dwight S. Danie, Village Clerk
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 18
C-2. Setting Special Election: A RESOLUTION OF THE VILLAGE COUNCIL OF
BAL HARBOUR VILLAGE, FLORIDA; PROVIDING FOR THE SUBMISSION TO
THE ELECTORS OF THE PROPOSED CONVEYANCE OF THE VILLAGE HALL
STRUCTURE AND SITE IN ACCORDANCE WITH SECTION 81 OF THE
VILLAGE CHARTER; CALLING A SPECIAL ELECTION ON THE PROPOSED
SALE OF VILLAGE HALL TO BE HELD ON XXXXXX XX, XXXX; PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
PROVIDING FOR PUBLICATION OF NOTICE; PROVIDING FOR AN
EFFECTIVE DATE. (Legislative) Not Considered
LOCAL PLANNING AGENCY MEETING
LPA-1. CALL TO ORDER/ROLL CALL
LPA-2. Creation of Special Business Improvement Area Zoning Standards: AN
ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE
OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE DEFINITIONS, TO
CREATE A SPECIAL BUSINESS IMPROVEMENT AREA DESIGNATION IN THE B
BUSINESS DISTRICT, AND TO PROVIDE FOR RELATED DEVELOPMENT
STANDARDS; BY AMENDING CHAPTER 4 "ALCOHOLIC BEVERAGES" TO
ADDRESS SPACING REQUIREMENTS FOR CERTAIN RESTAURANTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
(Legislative) Not Considered
OPTION A: As Recommended by Administration
OPTION B: As Submitted by Applicant
LPA-3. Comprehensive Plan FLUM Amendment: AN ORDINANCE OF BAL HARBOUR
VILLAGE, FLORIDA, APPROVING THE REQUEST OF BAL HARBOUR SHOPS,
LLLP, FOR A SMALL SCALE AMENDMENT TO THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE PLAN CHANGING THE LAND USE DESIGNATION OF
TWO PARCELS CONSISTING OF (A) APPROXIMATELY .33 ACRES FROM M
(MUNICIPAL) TO COMM (COMMERCIAL) LOCATED AT 655 96TH STREET,
AND (B)APPROXIMATELY .62 ACRES FROM INST(INSTITUTIONAL)TO COMM
(COMMERCIAL) LOCATED AT 501 96TH STREET, BOTH AS LEGALLY
DESCRIBED IN EXHIBIT "A;" PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Legislative)
RECESS TO RECONVENE THE SPECIAL COUNCIL MEETING
RECONVENE SPECIAL COUNCIL MEETING
D. LEGISLATIVE ITEMS
D-1. Creation of Special Business Improvement Area Zoning Standards: AN
ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 19
CODE OF ORDINANCES, CHAPTER 21 "ZONING," TO REVISE
DEFINITIONS, TO CREATE A SPECIAL BUSINESS IMPROVEMENT AREA
DESIGNATION IN THE B BUSINESS DISTRICT, AND TO PROVIDE FOR
RELATED DEVELOPMENT STANDARDS; BY AMENDING CHAPTER 4
"ALCOHOLIC BEVERAGES" TO ADDRESS SPACING REQUIREMENTS FOR
CERTAIN RESTAURANTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE. Not Considered
OPTION A: As Recommended by Administration
OPTION B: As Submitted by Applicant
D-2. Comprehensive Plan FLUM Amendment: AN ORDINANCE OF BAL
HARBOUR VILLAGE, FLORIDA, APPROVING THE REQUEST OF BAL
HARBOUR SHOPS, LLLP, FOR A SMALL SCALE AMENDMENT TO THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN CHANGING THE
LAND USE DESIGNATION OF TWO PARCELS CONSISTING OF (A)
APPROXIMATELY .33 ACRES FROM M (MUNICIPAL) TO COMM
(COMMERCIAL) LOCATED AT 655 96th STREET, AND (B) APPROXIMATELY
.62 ACRES FROM INST (INSTITUTIONAL) TO COMM (COMMERCIAL)
LOCATED AT 501 96th STREET, BOTH AS LEGALLY DESCRIBED IN EXHIBIT
"A;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. Not Considered
E. QUASI JUDICIAL ITEMS (Following the procedures of Section 2-201 et
seq., Village Code)
E-1.
First Public Hearing on Development Agreement: A RESOLUTION OF THE
VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A
DEVELOPMENT AGREEMENT BETWEEN BAL HARBOUR SHOPS, LLLP AND
BAL HARBOUR VILLAGE; AUTHORIZING VILLAGE OFFICIALS TO
IMPLEMENT THE TERMS AND CONDITIONS OF THE AGREEMENT;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT;
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE ANY NECESSARY
DOCUMENTS TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR
AN EFFECTIVE DATE. Not Considered
(Approval concurrent with consideration of the Master Site Plan for the Shops Expansion at
the next Council meeting, following review of the Master Site Plan by the Architectural
Review Board)
E-2. Conditional Use for Temporary Place of Worship: A RESOLUTION OF THE
VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A
CONDITIONAL USE FOR A TEMPORARY PLACE OF WORSHIP AT THE BAL
HARBOUR SHOPS GENERALLY LOCATED AT THE NORTHWEST CORNER
OF 96TH STREET AND COLLINS AVENUE; PROVIDING FOR CONFLICTS;
PROVIDING FOR CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE.
Deffered.
Bal Harbour Village Special Council Meeting Agenda - April 13, 2016 Page 110