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HomeMy Public PortalAbout2005-04-19 Regular Meeting241 COUNCIL MINUTES REGULAR MEETING - APRIL 19, 2005 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 19, 2005, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:00 a.m. by Mayor Roth. Those present were: Also present: Mayor Seymour "Sy" Roth Assistant Mayor Howard J. Berlin Councilman Joel S. Jacobil Councilman Jean Rosenfield Councilman Jaime M. Sanz Alfred J. Treppeda, Village Manager Ellisa L. Horvath, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mr. Raj Singh. 3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to approve the minutes of the March 15, 2005, Regular Meeting. The motion carried unanimously (4-0), with Councilman Jacobi absent, and the minutes were approved as submitted. 4. PRESENTATIONS: Employees of the Month — March 2005: Chief Hunker announced that Code Enforcement Officer Stephen Astorga was selected as the Police Department's Civilian Employee of the Month for March 2005. He presented Mr. Astorga with a plaque. Mayor Roth presented Mr. Astorga with a check. Lydia Kordalewski announced that Park Ranger Gina Espinoza was selected as the Employee of the Month for March 2005. She presented Ms. Espinoza with a plaque. Mayor Roth presented Ms. Espinoza with a check. 5. PUBLIC HEARINGS: None. 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None. 1 Councilman Jacobi arrived after approval of the Satellite Dish Ordinance. Regular Council Meeting 04/19/2005 1 ,1 .4.2 7. ORDINANCES FIRST READING: An ordinance was read, by title, by the Village Clerk, amending the Village Code addressing satellite dish antennas as follows: AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, AMENDING CHAPTER 6, ARTICLE VI, SECTIONS 6-161, 6-162, 6-163, 6- 164, 6-165, 6-171, 6-172, 6-173, 6-181, 6-182, 6-183, 6-184, 6-185, 6-186 and 6- 187 OF THE VILLAGE CODE, ADDRESSING SATELLITE DISH ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. Mayor Roth opened the public hearing. There being no discussion, Mayor Roth closed the public hearing. A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to approve this Ordinance on second reading. The motion carried, with the vote as follows: Mayor Roth aye; Assistant Mayor Berlin aye; Councilman Jacobi absent; Councilman Rosenfield aye; Councilman Sanz aye. Mr. Weiss thanked Scott Robin for his work on this and advised that any questions between first and second reading should be addressed to either Mr. Weiss or Mr. Robin. 77 CAMDEN DRIVE: Mayor Roth explained that he received a letter from Village resident Ray Jacomo requesting to speak regarding the property at 77 Camden Drive. It was the consensus of the Council to allow Mr. Jacomo to speak. Ray Jacomo, resident— 97 Camden Drive, complained about the condition of the property next to him, at 77 Camden Drive (structure, driveway, landscaping, back yard, nesting place for rodents, stagnant water in pool, increase of mosquitoes, etc.). He discussed the code violation liens on the property. Mr. Jacomo advised that previously the Village declared the property a health hazard, which gave the Village the authority to go onto the property and clean it up. He questioned what can done, who owns the property, what the status of the bankruptcy is, and if there's any way for the Village to collect on the code violation liens. Mr. Jacomo thinks that the Village should pursue the large amount of money that's owed. He requested that the grass and shrubs be cut and that the dirty water in the pool be removed and maintained, and maybe surround the property with construction fence. Mr. Jacomo questioned when an answer can be expected. Raj Singh, resident— 53 Camden Drive, would also like to know the details on the property and what will be done. Mr. Weiss explained that there was a court order transferring ownership on April 9th, but she (Rea Kelly) has appealed that. He thinks that it will be some time in the appellate process. Mr. Weiss advised that Ms. Kelly is also contesting the contract with the Sussmans. He advised that the Village has the ability to do something, as it did years ago, if it's determined that it's a life, health, or safety risk. Assistant Mayor Berlin thinks that it sounds like the Village needs to do that again. Mr. Weiss advised that the Sussmans have already approached the Village Regular Council Meeting 04/19/2005 2 243 about settling some of the liens. He discussed the current liens on the property ($20,000 priority liens that have superiority over everything and $700,000 in code enforcement liens, which would be at the bottom of the list of getting paid). He explained that there's an active foreclosure action pending against the property and he would probably suggest an Executive Session with the Council, once this gets sorted out, to determine what the Village's litigation strategy should be. Mr. Weiss will call Mr. Jacomo and Mr. Singh to discuss this. He will also speak to the Manager and Police Chief regarding an overall plan. Mr. Weiss advised that if interested parties will give the Clerk their email addresses, then the plan will be sent to everybody. Brian Mulheren, resident— 10245 Collins Avenue, suggesting condemning the property, since it's a health/public safety problem. He suggested at least filling the pool in with something. Mr. Weiss advised that those options will be discussed, now that the Village knows that there won't be an immediate transfer of the ownership. Mr. Treppeda requested that the Council authorize an amount in the event that they come up with some solutions, prior to the next Council meeting. A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to allow the Village Manager, at his discretion after consultation with the Village Attorney, to spend up to $10,000.00 for remediation of that property. The notion carried, with the vote as follows: Mayor Roth aye; Assistant Mayor Berlin aye; Councilman Jacobi aye; Councilman Rosenfield aye; Councilman Sanz aye. 8. RESOLUTIONS: A resolution was read, by title, by the Village Clerk, urging the Florida Department of Transportation to study and remediate the traffic conditions at 96th Street and Harding Avenue. Mayor Roth thanked Mr. Raheb for attending the Surfside Workshop meeting, where they discussed the traffic problems. Babak Raheb, resident— 128 Balfour Drive, reported that he spoke to the head of FDOT (Mr. Santana) regarding their position on State roads. He advised that their position is that any street coming into a State road is equivalent to a driveway and can be closed. Mr. Raheb stated that the agency to contact regarding streets being closed in Surfside is Dade County. Mr. Raheb stated that any street closure or signage must be approved by the County. He advised that they have a procedure that has to be gone through, which Surfside hasn't done. Mr. Raheb thinks that the resolution should include Dade County, not just FDOT. Mr. Weiss advised that the language of the resolution (Section 2) already authorizes the Manager to meet with the officials of Dade County. Assistant Mayor Berlin questioned if the language also encourages Dade County to study and remediate. Mr. Weiss advised that it encourages DOT to do that and authorizes the Manager to meet with DOT and/or Dade County. Assistant Mayor Berlin thinks that it should also include Dade County, for purposes of study and remediation. A notion was offered by Assistant Mayor Berlin and seconded bp Mayor Roth to amend the resolution to include Dade County, for purposes of study and remediation. The motion carried unanimously (5-0). Brian Mulheren, resident— 10245 Collins Avenue, stated that the County controls access Regular Council Meeting 04/19/2005 3 of those streets and they didn't give Surfside permission, so they illegally closed those streets and illegally put signs up. He thinks that Surfside only wants to remove the property on 96th Street, because the shuls are in there. Mr. Mulheren doesn't think that Bal Harbour should support something to put in a turn lane, just to get rid of that building. He thinks that the resolution should be clearly redefined of what they're talking about, before the Council supports something. Mr. Mulheren thinks that the traffic problem is a public/safety issue. He suggested going to Federal Court to protect the people of Bal Harbour, Surfside, and Bay Harbor, in getting this resolved. Assistant Mayor Berlin discussed Surfside's workshop meeting and reviewed transcripts from the meeting and Chuck Wells (from the Haulover Fire Station), who gave the opinion that it wouldn't be that significant if Surfside put the barriers up. Mr. Mulheren thinks that he was taken out of context. He advised that he has spoken to the Chief in charge of this area. Mr. Mulheren reported that they desperately need a fire station here because the response time to this area is seven to nine minutes. Assistant Mayor Berlin questioned if the Chief who is here is prepared to address the impact, if those streets were closed. Miami -Dade Fire Chief Steve Tramell advised that he is only here as an observer, but explained that anytime the streets are closed, the fire trucks have to make sure that there's another route that won't cause a big time delay. Assistant Mayor Berlin questioned if it's obvious that if the streets are closed and all the traffic is being funneled into a fewer amount of streets that will create congestion and thereby delay the fire department's response time. Chief Tramell thinks that sounds reasonable. Assistant Mayor Berlin requested that Mr. Mulheren, Mayor Roth, or Mr. Treppeda arrange to have a representative of the Fire Department attend the next Council meeting, to state their opinion on the record. Chief Hunker advised that they are meeting with Chief Bas. Nina Rudolph, resident — 212 Bal Bay Drive, discussed going north bound on Byron Avenue and making the left turn at the light on 96th Street. She advised that when the traffic is backed up on 96th Street, then they block vehicles from making that left turn. She advised that Bal Harbour Police have been helping with that and ticketing people, but she also thinks that's the responsibility of Surfside. Stanley Whitman, Bal Harbour Shops, urged the Council to pass this resolution. He advised that there was an agreement with DOT, Bal Harbour, and Surfside that no traffic could penetrate Surfside's residential area, except for Abbott Avenue, which wasn't really a residential street. Mr. Whitman advised that he has discussed the traffic situation with Bay Harbor, Surfside, Sunny Isles Beach, and Indian Creek, who have all agreed to pass this resolution. Mr. Treppeda reported that, in 1997, DOT proposed a change to put in a right turn lane, if other things didn't work. He stated that there was no shul situation existing at that time. Chief Hunker thinks that the only way to alleviate the traffic problem is to open Abbott Avenue. He doesn't think that just knocking a building down and putting in a right turn lane will alleviate the problem. Chief Hunker advised that the Department is working with Surfside and on the traffic light timing sequence, with the County. He discussed a memo from the Dade Traffic Engineer, stating what he plans on doing and what has been done. Councilman Jacobi advised that southbound on Collins Avenue is still backed up. Chief Hunker reported that they are still working on the timing for the lights. He doesn't think it's a final solution, but thinks it Regular Council Meeting 04/19/2005 4 245 will help to reduce the problem. Chief Hunker thinks the only way is to open Abbott Avenue. Assistant Mayor Berlin agreed and advised that this resolution doesn't specifically say to make a cut at the corner, but is to study the conditions at Harding and 96th Street. He thinks that the condition includes all the areas leading up to the corner, including Abbott and Byron. Chief Hunker discussed the traffic construction on Biscayne Boulevard that is also pushing more traffic this way. He doesn't think the problem is the density issue that Surfside is saying. Chief Hunker stated that might contribute to the problem, but the real problem is that there are too many cars going into one intersection at one time. Assistant Mayor Berlin stated that Surfside's density on the shore is higher than Bal Harbour's. Chief Hunker thinks that some of traffic is also seasonal and that in six weeks there will be less traffic, especially when school is out. He recommended opening Abbott Avenue to solve the problem. A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to amend the resolution ( Section 1) to broaden the scope of the review to include Abbott Avenue and Byron Avenue. The motion carried unanimously (5-0). Mr. Raheb reviewed a traffic impact analysis from the Town of Surfside. He also discussed the Traffic Flow Modification Street Closure that's being updated by the County. Mr. Raheb advised that he spoke with Dade County and reported that the County previously sued Surfside when they closed a street on the south side of Byron and forced them to open it up again. He reported that the County has requested video and complaints. He thinks that if that comes from the Village Manager, then maybe they will reverse the process. Mr. Raheb stated that Surfside didn't go through the procedure with the County. Mr. Mulheren supports the motion, but thinks that it should overall study all the traffic problems (crossings, etc.). A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to approve this resolution as amended The motion carried, with the vote as follows: Mayor Roth aye; Assistant Mayor Berlin aye; Councilman Jacobi aye; Councilman Rosenfield aye; Councilman Sanz aye. Thus becoming: RESOLUTION 672 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MIAMI-DADE COUNTY TO STUDY AND REMEDIATE THE EXISTING TRAFFIC CONDITIONS AT 96Tti STREET AND HARDING AVENUE, IN THE CITIES OF SURFSIDE AND BAL HARBOUR VILLAGE, FLORIDA. A resolution was read, by title, by the Village Clerk, urging the Miami -Dade Board of County Commissioners to oppose any extension to the Urban Development Boundary. Mrs. Horvath explained that Miami -Dade County Commissioner Katy Sorenson is requesting that all the municipalities in the County pass this resolution. She reported that Village Planner Michael Miller has also recommended approval of this. Mrs. Horvath advised that so far the cities of Miami Beach, South Miami, and Bay Harbor Islands have passed this. A motion was offered by Assistant Mayor Berlin and seconded by Councilman Jacobi to approve this Regular Council Meeting O4/19/2005 5 resolution. The motion carried, with the vote as follows: Mayor Roth aye; Assistant Mayor Berlin aye; Councilman Jacobi aye; Councilman Rosenfeld aye; Councilman Sanz aye. Thus becoming: RESOLUTION 673 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, URGING THE MIAMI-DADE BOARD OF COUNTY COMMISSIONERS TO OPPOSE ANY EXTENSION TO THE URBAN DEVELOPMENT BOUNDARY AT THE PRESENT TIME, AND TO ENCOURAGE INFILL DEVELOPMENT AND ADHERENCE TO THE COUNTY DEVELOPMENT MASTER PLAN AS CURRENTLY ADOPTED, INCLUDING THE ADOPTED 2003 EVALUATION AND APPRAISAL REPORT. 9. LOBBYIST REGISTRATION REPORT: Mrs. Horvath reported that the following Lobbyists are currently registered with the Village: Name of Lobbyist Principal Represented Carter McDowell Sheraton Bal Harbour Joint Venture Stanley F. Whitman Bal Harbour Shops, Ltd. Steve Sorensen WCI Communities Michael Patrizio WCI Communities 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Roth reported that nine call boxes have been installed on the beach. He advised that the Village received a letter from the Fire Department advising that there is no signage on the back of the buildings on the beach to help the Department to find properties, so the Village is putting some up. Chief Hunker advised that the signs will be here in eight days. Mayor Roth discussed the Miami -Dade County League of Cities Dinner meeting. He advised that he spoke with Mayor Will (Surfside) who reported that the staff has been ordered not to allow double parking on Harding Avenue, especially during rush hour. Mayor Roth advised that the landscaping project, subject to the approval of the Council, will proceed in May. He stated that the Village will proceed with or without Surfside, but the Village will not do Surfside's portion, unless they pay for it. Mayor Roth thanked Mr. Treppeda, Mrs. Horvath, and Chief Hunker on doing a great job. Assistant Mayor Berlin reported that he attended the Miami -Dade County School Board meeting and thanks to Board Member Karp's leadership, the Bay Harbor K-8 proposal was passed. He advised that they will now move forward with implementation plans. Assistant Mayor Berlin thinks that the Village needs to acknowledge Board Member Karp's leadership and invite him to the next meeting for the Council to personally thank him. Councilman Rosenfield advised that it will be in about three years, because they have to do the K-8 school in Sunny Isles Beach first. Councilman Jacobi announced that the North Dade Justice Center Annual Law Day is May Regular Council Meeting 04/19/2005 6 247 5th, which is a good interaction between community and leadership. B. VILLAGE ATTORNEY: No items. C. VILLAGE MANAGER: Request for Ratification of Re -Appointment of Special Master Joni Blachar: Mr. Treppeda requested the Council to ratify his reappointment of Special Master Joni Blachar, whose term expires April 20th. The appointment will be for one year. A motion was offered by Councilman Rosenfield and seconded by Councilman Jacobi to approve. The motion carried unanimously (5-0). Mayor Roth presented Special Master Blachar with a token of the Village's appreciation, for serving as Special Master April 2004-April 2005. Approval of Utility Easement, Bill of Sale and Agreement with Bellini Associates, Ltd.: Mr. Treppeda requested approval of a utility easement that's in favor of the Village from the Bellini Associates, Ltd. He explained that it's an easement for the water line and they will also be replacing the 60 year old 8" water main that's in front of their building, with a new 12" water main within the easement area. Mr. Mulheren questioned why they're replacing it. He complained about the Bellini. Bill Landis, Craig Smith & Associates — Village Engineer, advised that when the Bellini did their development work, they had an existing cast iron line that was within two sewer lines, which is not to current standards. He explained that the Village requested the Bellini to replace the Village's original 8" 60 year old cast iron line, with a new 12" duct line water main. He advised that they are replacing the old line and making it larger, to serve the oceanfront. Mr. Landis explained that the Village has also requested and they have agreed to give the Village a 25-foot easement, so the Village can properly place the water main separate from the gravity sewer line, as required by standard State law. He explained that this is for the Village to accept that easement. Mr. Landis reported that when they installed the new 12" water line, the original requirement was that it had to be more than 10 feet separate, but now the State allows 6 feet. He advised that the new line is too close to the sewer line (less than 6 feet), so the Bellini has to re -do it. Mr. Mulheren discussed problems at the Bellini including noise and fumes from their generator, the lack of security, etc. He thinks that they do whatever they want and don't cooperate. A notion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to approve the utility easement. The motion carried unanimously (5-0). Award of Bid for 96th Street Landscaping Project: Mr. Treppeda explained that the following bids were received: Vila & Son Landscaping Corp. Arazoza Brothers Corp. $598,630.00 $738,021.20 Regular Council Meeting 04/19/2005 7 Mr. Treppeda explained those amounts include the center median and both sides (includes Surfside). He is waiting for an answer from Surfside on if they will be making a contribution to the project. Mr. Treppeda reported that $550,000.00 was received from WCI to do this project and $70,000.00 of that has been spent on design and engineering fees, which leaves a balance of $480,000.00. He advised that shows a shortfall of $118,630.00. Mr. Treppeda reported that the cost to do Surfside's portion is $136,322.56. He explained that if the Village does not pay for Surfside's portion, then there is enough money budgeted. A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to award the bid to Vila & Son, with the understanding that the Village Manager will eliminate the south side if Surfside decides not to pay for the project, or if Surfside does not provide aii answer in enough time to prevent the Village's permits from expiring and/or jeopardizing the Village's ability to enter into an agreement with Vila & Son for the bid price. The motion carried unanimously (5-0). Request for Change of Bid Award for Water, Sewer, & Drainage Work: Mr. Treppeda requested that the Council consider changing the bid award from Boys Engineering II, Inc. to Metro Equipment Service. He advised that the Council previously awarded the bid to Boys Engineering, but they are too busy and are unable to perform the work. Mr. Treppeda explained that the Village Engineers have recommended awarding the bid to Metro Equipment Service, which will do the work for the same bid price that was awarded ($66,100.00). A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to approve. The motion carried unanimously (5-0). Request for Change of Bid Award for Replacing Gravity Sewer Pipe: Mr. Treppeda explained that this is the same situation with the same company. He requested the Council consider changing the bid award from Boys Engineering II, Inc. to Metro Equipment Service, Inc. ($55,250.00). A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to approve. The notion carried unanimously (5-0). Request for Approval to Replace Plants on the Beach: Mr. Treppeda explained that a lot of fragile plants were placed on the beach during the original project, which are being replaced as they die, with plants that will last longer in that harsh environment. He requested approval up to $5,380.00. A motion was offered by Assistant Mayor Berlin and seconded by Councilman Jacobi to approve. The motion carried unanimously (5-0). Request for Approval to Enter Into Lease Agreement for Public Works Pickup Truck: Mr. Treppeda requested authorization to enter into a lease agreement to replace a 12 year old truck (public works vehicle #186). He explained that the lease is through Mears Motor Leasing for 5 years, at $263.16 per month. P,egular Council Meeting 04/19/2005 8 249 A notion was offered by Councilman Jacobi and seconded by Mayor Roth to approve. The motion carried unanimously (5-0). Request for Police Forfeiture Expenditures: Mr. Treppeda explained that Chief Hunker is requesting authorization to expend forfeiture funds as follows: Police Activity League Crime Prevention Event at Bay Harbor Elementary $5,000.00 TOTAL: $5,000.00 A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to approve. The motion carried unanimously (5-0). Request for Approval of Funds for Retirement Reception for Peg E. Gorson: Mr. Treppeda advised that a retirement reception is being planned for Peg Gorson, who retired from the Council. He requested approval up to $7,500.00. A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to approve. The notion carried unanimously (5-0). Discussion of Contribution Request Survey: Mr. Treppeda reviewed a survey of Miami -Dade County municipalities. He reported that of the 31 cities, 9 have a policy of no contributions and the other 22 consider requests on a case -by -case basis. Mr. Treppeda advised that Bay Harbor was the only city that had a form for people to fill out. Assistant Mayor Berlin advised that he has historically taken the position that it's inappropriate for municipal government to make charitable donations. He explained that it's not part of the Village's Charter. Assistant Mayor Berlin advised that it's the people's money and doesn't think that it's in the Council's care to make charitable donations. He thinks that if the Council is interested in going down the path of only giving to organizations that have a direct benefit to Village residents, then he would ask for a better explanation of what a direct benefit is. Mr. Weiss reported that the cities that use that phrase would exclude things like various diseases. He stated that it has to be of particular benefit. Mr. Weiss explained that if the Boy Scouts on Key Biscayne want to do a program at the library to re -do some planting, then they would do that. He believes that the Key Biscayne Charter requires a unanimous vote of the Council. Assistant Mayor Berlin questioned if the FIU program that the Village did would be an example. Mr. Weiss advised that it would be. He explained that rather than giving out grants, a lot of the cities enter into agreements. Mr. Weiss stated that Key Biscayne does an agreement with the Key Biscayne Athletic Association for them to do some sports for the kids of the Key. He advised that some cities just do pure charitable and do the diseases, etc. because they feel that it's worthwhile. Councilman Rosenfield thinks that it's a difficult issue. She reported that the Dade County School Board only collects for the United Way. Councilman Rosenfield doesn't think that Regular Council Meeting 04/19/2005 9 250 she has the authority to choose which charity the citizens of Bal Harbour should give to. Councilman Jacobi also thinks that the Council needs more specifics on the meaning of direct benefit. Mayor Roth thinks that the Village has basically been giving to Bay Harbor Elementary, FIU, a letter writing program, etc. He doesn't think that that the Village has given to charities such as American Cancer Society, Red Cross, etc. Mr. Raheb stated that the Village spends money on marketing for people to come to Bal Harbour and thinks that contributing to the Sunami Relief would be marketing Bal Harbour. Assistant Mayor Berlin requested that Mr. Treppeda work with Mr. Weiss and come back with a better explanation of what the direct benefit concept would be. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Committee, at their meeting on April 12, 2005: Additional Advertising Opportunities Greater Miami CVB Annual Travel Planner ($3,750.00) New York Times Sophisticated Traveler ($12,000.00) Robb Report's Annual Best -of -the -Best ($15,000.00 Greater Miami CVB State of the Tourism Industry Event (To Support the Sheraton to Host this Event) $30,750.00 $ 5,000.00 TOTAL: $35,750.00 A motion was offered by Assistant Mayor Berlin and seconded by Mayor Roth to approve $35,750.00 for the above listed items. The motion carried unanimously (5-0). 12. OTHER BUSINESS: Babak Raheb, resident— 128 Balfour Drive, discussed the Surfside Workshop Meeting and their Engineer's Report. He reported that if Surfside closes their streets, then their report indicates that it would only reduce traffic by 5%. Mr. Raheb reviewed the Traffic Flow Modification/Street Closing from the County and their procedures. He thinks that the Village can challenge all of the steps that Surfside hasn't done and reverse the closure of their streets. Dina Cellini, resident — 211 Bal Cross Drive, discussed the synopsis that Bay Harbor gives on their agendas of what their ordinances mean and how it will impact the Town and residents. She thinks that the Village Manager should put something similar on Bal Harbour's agenda, so that everyone knows what the ordinance means. Mr. Treppeda doesn't think that a synopsis is appropriate on the agenda, but if the Council directs him to do that, then he will. Mrs. Horvath advised that every city does whatever their Council directs them to do, so it would be up to the Council. She offered to give copies of Bay Harbor's agenda to the Council to Zook at as a sample before they decide. Ms. Cellini offered to meet with Mr. Treppeda. Mayor Roth suggested that Mr. Treppeda and Ms. Cellini try to work this out. Regular Council Meeting 04/19/2005 10 251. Marty Logan, resident— 64 Camden Drive, questioned why developers are allowed to put fencing at the curb, because it blocks traffic from U-shaped driveways. She thinks that it should be placed 10 feet back. Ms. Logan discussed problems getting out of the driveway. Mr. Treppeda will have the Building Official and Code Enforcement Officer look into that. Brian Mulheren, resident — 10245 Collins Avenue, advised that Surfside's Engineer (Miller) states that Surfside did not get permission to close those streets. He stated that they did something illegally and thinks that should be stopped. Mr. Mulheren discussed the Harbour House and how the residents are being mistreated. He requested that the Council see what they can do. 13. ADJOURN: There being no further business to come before the Council, a notion was offered by Mayor Roth and seconded by Assistant Mayor Berlin to adjourn and the meetinti' adjourned at 10:25 a.m. Attest: y1� �I Ellisa Horvath, CMC Village Clerk MayJ6r Seymour Roth r� Regular Council Meeting 04/19/2005 I I