HomeMy Public PortalAbout2007-09-18 Regular MeetingTW
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING — SEPTEMBER 18, 2007
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September 18,
2007, at the Bal Harbour Village Hall Council Chambers (655 — 96t' Street, Bal Harbour,
Florida).
1. CALL TO ORDER /ROLL CALL: The meeting was called to crder at 4:00
p.m. by Mayor Berlin. The following were present:
Mayor Howard J. Berlin
Assistant Mayor Jean Rosenfield
Councilman Joel S. Jacobi,
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Aletha Player, FPL
Representative.
3. APPROVAL OF MINUTES:A motion was offered by Councilman Jacobi and
seconded by Councilman Sanz to approve the minutes of the July 23, 2007 Regular Council
Meeting and September 4, 2007 First Budget Hearinz as submitted. The motion carried
unanimously (5 -0).
4. PRESENTATIONS:
Officer of the Month — July 2007: This presentation was done later
in the meeting.
Officer of the Month — August 2007: Chief Hunker presented
Officer George Waisman with the August 2007 Officer of the Month plaque, in recognition
of his assistance during a crash scene on his way to work.
5. ORDINANCES SECOND READING /PUBLIC HEARINGS: None.
6. ORDINANCE FIRST READING: None.
7. RESOLUTIONS /PUBLIC HEARINGS:
The following resolution was read by title, by Mrs. Horvath:
1 Councilman Jacobi left the meeting after the Presentation to the Officer of the Month for July 2007.
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
dh
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN
ASSESSMENT ROLL FOR THE SECURITY PROGRAM SPECIAL ASSESSMENT
AREA; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Councilman Sanz and seconded by Assistant Mayor Rosenfeld to
approve. The motion carried unanimously (5 -0), with the vote as follows: Mayor Berlin ave,
Assistant Mayor Rosenfield ave, Councilman Jacobi ave; Councilman Packer ave; Councilman
Sanz aye; thus becoming Resolution No. 697.
The following resolution was read by title, by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING
SANITARY SEWER AND WATER RATES FOR THE 2007/2008 FISCAL YEAR;
ESTABLISHING AN EFFECTIVE DATE.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Jacobi to
approve. The motion carried unanimously (5 -0), with the vote as follows: Mayor Berlin ave;
Assistant Mayor Rosenfield ave, Councilman Jacobi ave; Councilman Packer ave; Councilman
Sanz ave; thus becoming Resolution No. 698.
8. RESOLUTIONS: The following resolution was read by title, by Mrs.
Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, AMENDING RULES OF PROCEDURE FOR VILLAGE COUNCIL
MEETINGS; AMENDING RESOLUTION NO. 667 CONCERNING RULES OF
PROCEDURE AND DECORUM FOR VILLAGE COUNCIL MEETINGS TO
CREATE A CONSENT AGENDA PROCESS, LIST AGENDA COMPONENTS, AND
CLARIFY EXISTING PROVISIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Dina Cellini, resident— 211 Bal Cross Drive, questioned how members of the public are
able to remove items from the Consent Agenda. Mr. Weiss explained that the public would
be given an opportunity at the meeting to remove items. Ms. Cellini questioned the
difference of resolutions that would be placed on the Consent Agenda versus those that are
not. Mr. Weiss explained that if a resolution requires a public hearing, then it would not be
placed on the Consent Agenda.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve. The motion carried unanimously (5 -0), thus becoming Resolution No. 700.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
one
FEW
Councilman Packer - Discussion of Results of Workshop
Meeting Held to Discuss Exception to the Village Code to Allow Bicycles on
Sidewalks and to Discuss Bicycle Use of the Vehicle Access Road on the Beach:
Councilman Packer reported on the Workshop Meeting. He proposed allowing bicycle
riding on the sidewalks on one side of Collins Avenue during daylight hours, bicycle riding
on the beach access road during daylight hours, and installing mirrors on the east side of
Collins Avenue (at each driveway exit not protected by a traffic light).
Mayor Berlin is reluctant to adopt a proposal, because there is a safety concern in the
community about bikes on sidewalks. He suggested receiving input from the community
and discussing it next month.
Councilman Jacobi reported that at the workshop everyone agreed on the use of the beach
path during certain hours, but not the sidewalks. Assistant Mayor Rosenfield thinks that
bikes on the sidewalks would be a hindrance to people on crutches, walkers, etc. She
reported that residents on the east side of Collins Avenue are very opposed to having bikes
on the sidewalks, for health and safety reasons.
Chief Hunker is opposed to bikes on the sidewalks, due to safety and enforcement
concerns. He noted that the beach path is enforceable and isn't as much of a safety issue.
He discussed accidents on the sidewalks. Chief Hunker discussed his concern about riders
crossing the streets. He thinks there would need to be a police presence or crossing
guards. He thinks there is a large liability to the Village, if bikes are allowed on the
sidewalks.
Councilman Sanz is concerned about the safety issue of allowing bikes on the sidewalks.
Councilman Packer explained that the issue was brought up, because a number of
residents wanted their kids to be able to ride bikes to school. He is not against senior
citizens walking and doesn't want to see any accidents involving cyclists. He advised that if
the Council feels that bikes should be kept off the sidewalks, then he will go along with that.
Councilman Packer suggested requesting community opinion regarding bikes on the beach
path. Councilman Jacobi reported that those in attendance at the workshop thought that
would be the safest path. Mayor Berlin would like to give the community an opportunity to
communicate their position on that.
Councilman Packer proposed installing mirrors on the east side driveway exits. He noted
that four of the east side buildings already have mirrors. Councilman Jacobi thinks that
would be a good piggyback issue. Assistant Mayor Rosenfield suggested discussing the
idea with the condos before proceeding. Mr. Weiss noted that there needs to be a rational
basis for implementation on one side of the street, versus the other. Councilman Packer
advised that he originally suggested installation on both sides, but at the workshop there
was objection to placing them on the west side.
It was the consensus of the Council for the Villa ,-e Mana ,-er to send notices to residents rezardin
input about allowin,- bikes on the beach path, for discussion at the October meetin '.. The mirror
installation will be discussed further.
Doug Rudolph, resident - 212 Bal Bay Drive, requested clarification on which beach path
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
FIKU
would be considered for bikes. Councilman Packer clarified that it would be the hard path,
not the walking path.
B. VILLAGE ATTORNEY:
Request for Executive Session: Mr. Weiss requested an Executive
Session for the Lynne Bloch - Mullen versus Bal Harbour Village lawsuit. It was the
consensus of the Council for the Session to be scheduled and noticed by the Clerk.
Michael Krop, 9601 Collins Avenue and President of the Bal Harbour Citizens
Coalition, questioned what the lawsuit is regarding. Mr. Weiss explained that the plaintiff
has challenged whether or not Councilman Jacobi met the residency requirement. Dr. Krop
questioned if there is a monetary fine involved. Mr. Weiss advised that there is no fine and
explained that Councilman Jacobi could loose his seat. Dr. Krop questioned what the
Village is defending. Mr. Weiss explained that they have an obligation to defend the Village,
because it is being sued. He explained that the purpose of the Session is to receive the
position that the Council would like the Attorneys to take. Dr. Krop questioned if
Councilman Jacobi will be recused from the Executive Session. Mr. Weiss reported that
Councilman Jacobi will not be attending, although he has a right to. Dr. Krop questioned if
it's the Village's responsibility to investigate the charges. Mr. Weiss reported that it is not
and explained that election challenges are handled through the courts. He clarified that the
Village Attorney and Clerk do not investigate those issues.
Ana Marie Kelly, 77 Camden Drive, questioned if it is ruled that Councilman Jacobi
doesn't have a right to sit and his votes are retroactive, if those items he has voted on
would have to be resubmitted. Mr. Weiss explained that the law presumes that the person
elected is properly seated, until they are removed. He doesn't think that has been looked
into. Ms. Kelly thinks that issue should be looked into. She suggested that Councilman
Jacobi recuse himself at meetings that have a quorum without him, so that the legality of
his votes won't be an issue.
C. VILLAGE CLERK:
Lobbyist Registration Report: As of September 18,2007: Mrs.
Horvath provided a list of Lobbyists currently registered with the Village in the agenda.
D. VILLAGE MANAGER:
FPL Report on Recent Power Outap-es in the Security District:
Mr. Treppeda explained that he and Mayor Berlin met with FPL regarding the recent power
outages in the Security District. Letters were distributed by FPL regarding a facility upgrade.
Mr. Treppeda explained that the recent outages were caused by large new houses
overloading the system. He reported that three switch cabinets will be replaced (two in
2007 and one in 2008). He reported that two transformers have been replaced and a third
will be replaced in the near future. Mr. Treppeda reported that easements will be required
by the Civic Association for equipment placement in the District. He discussed the process
to be implemented with the Village Building Department, requiring FPL approval to permit
future new homes. He noted that two sections of cable are being replaced and a third will
be done in the next three weeks. He thinks that the problem is being worked on and that
FPL is responding to the Village's needs. Mayor Berlin reported that representatives from
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007 4
U
FPL are in attendance to answer any questions. He explained that he and Mr. Treppeda
have both expressed the seriousness of the concern that FPL deal with the issues.
Request for Approval of Retail Alcoholic Beverage License
(4COPS) for The Regent Bal Harbour: Mr. Treppeda requested authorization to sign
the 4COPS license application for The Regent Bal Harbour, indicating compliance with the
Village Zoning Code. He explained that the license allows the sale of beer, wine, and liquor
for consumption on The Regent premises.
A motion was offered by Assistant Mayor Rosenrield and seconded by Councilman Sanz to
approve. The motion carried unanimously (5-0).
Request for Approval of Sign Application for the One Bal
Harbour and Harbour House Entry Ramp: Mr. Treppeda requested approval of the
sign application from One Bal Harbour and Harbour House, which was recommended
favorably by the Architectural Review Board and the Building Official. He explained that the
signs are for directional purposes.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (5 -0).
Officer of the Month — July 2007: Chief Hunker presented Officer
John Fruchey with the July 2007,Officer of the Month plaque, in recognition of his heroism
in assisting with the prevention of a suicide.
Councilman Jacobi left the meeting.
Presentation by The Energy Store of the Americas Regarding
Energy Saving Lighting: This item was deferred by the Village Manager.
Confirmation of Authorization of Prior Approval of Police
Forfeiture Funds (July): Mr. Treppeda requested confirmation of Council approval given
at the July 23, 2007 Council Meeting, for the $1,000.00 forfeiture fund contribution to the
North Miami Pioneer Athletic Hall of Fame Organizing and Selection Board.
Dina Cellini, resident - 211 Bal Cross Drive, advised that Councilman Jacobi made the
motion to accept this item (at the July meeting), but reported that he is co- chairman of the
reunion committee that requested approval. She suggested that due to that conflict that
Chief Hunker be directed to find another organization to contribute the money to.
Assistant Mayor Rosenfield agreed and questioned if Chief Hunker has had any requests
from Miami Beach Senior High School, because that school serves the Village.
A motion was offered by Assistant Mayor Rosenfeld and seconded by Councilman Packer to
defer this item. The motion carried unanimously (4 -0).
Request for Approval of Police Forfeiture Funds in
Accordance with Chief Hunker's Request (September): Mr. Treppeda requested
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
M
approval for a $1,000 forfeiture fund donation to the Dade County PBA Love Fund.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Sanz to
approve. The motion carried unanimously (4 -0).
Request for Approval of Police Budgeted Expenditures in
Accordance with Chief Hunker's Request: Mr. Treppeda requested $6,987.50 to
upgrade the software for the Police Records Management System.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (4 -0).
Request for Approval of the South Florida Strike Force Money
Laundering Agreement to Disband and Detach the Local Task Force
Investigators to Work on Strike Force Investigations: Mr. Treppeda requested
approval for the Village to become a participating agency in the South Florida Money
Laundering Strike Force.
Chief Hunker recommended approval of the agreement and reported that it will save the
Village money and is time well spent for the two officers that will be detached.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve. The
motion carried unanimously (4 -0).
Request for Approval of Funds for Police Holding Cell Project:
This item was deferred by the Village Manager.
Request for Approval to Add Screening Plants on East Side of
Village Basketball Court: Mr. Treppeda requested approval of $3,694.00 for Lukes'
Landscaping to add plants, along the east side of the basketball court, for screening.
A motion was offered by Councilman Sanz and seconded by Assistant Mayor Rosenfield to
approve. The motion carried unanimously (4 -0).
Mayor Berlin noted that there is no room to add plants on the north side of the court, which
Village resident Dan Holder had previously requested.
Request for Approval to Purchase Caterpillar Skid Steer
Loader for Public Works Department: Mr. Treppeda requested approval to lease,
instead of purchase, a Caterpillar 272C Skid Steer Loader for $2,045.00 per month.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve. The motion carried unanimously (4 -0).
Request for Approval to Purchase Garbage Truck for Public
Works Department: Mr. Treppeda requested approval of up to $55,000.00 to purchase
a used 31 cubic yard garbage truck. He also requested approval to sell or trade in the
existing 25 cubic yard truck.
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
M
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve. The
motion carried unanimously (4 -0).
Request for Approval of Emergency Sewer Line Repair: Mr.
Treppeda requested approval of $35,500.00 for Kailas Contractors to do an emergency
repair on the sewer line at 95th Street & Byron Avenue (in Surfside). He explained that due
to an agreement entered into decades ago, the Village is responsible for the sewer line that
runs through Surfside. Mayor Berlin requested that the Village Attorney look into ways the
Village can get out of that agreement.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve. The
motion carried unanimously (4 -0).
Request for Approval of Base May and Water Utility Mapping
Proposal from Craig A. Smith & Associates: Mr. Treppeda requested approval for
the Village Engineers (Craig A. Smith & Associates) to establish a base map and map the
existing water utility system, on an hourly rate not to exceed $40,000.00. He explained that
the Miami -Dade County Water & Sewer Division has advised that the Village is required to
establish a Global Positioning Sewer base map.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (4 -0).
Request for Approval for Off -Site Computer Backup Service:
Mr. Treppeda requested approval for off -site computer backup services, to be provided by
Professional Network Solutions, Inc. through Consonus Technologies, at $350.00 per
month. He explained that the auditors have recommended this to insure the continuity of
operations following a disaster or failure of the computer servers.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve. The
motion carried unanimously (4 -0).
Request for Approval to Seal the Surface of the Temporary
Beach Access Path Located at the Bal Harbour Club (10201 Collins Avenue): Mr.
Treppeda requested approval of $8,000.00 for Construction Depot to reseal the wooden
surface of the temporary beach access path, located at the Bal Harbour Club. Assistant
Mayor Rosenfield questioned if that temporary path will become a permanent path. Mr.
Treppeda reported that he has heard interest in keeping the additional path.
A motion was offered by Councilman Sanz and seconded by Assistant Mayor Rosenrield to
approve. The motion carried unanimously (4 -0).
Discussion of Holding Workshou to Discuss Waverunner and
Boat Rentals on the Beach: Mr. Treppeda recommended holding a workshop meeting to
discuss the Village's policy on the provision of beach amenities by service providers on Bal
Harbour's beach. He suggested that Assistant Mayor Rosenfield chair the workshop
meeting. Mayor Berlin requested that the community be noticed.
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
N t
It was the consensus of the Council to schedule a workshop meetinz to discuss the waverunner
issue, to be chaired by Assistant Mayor Rosenfield.
Request for Approval of Upgrade to 24 -Hour Gate
Maintenance in the Security District: Mr. Treppeda requested approval to upgrade to
a 24 hour per day /7 day per week maintenance agreement with TEM Systems for the
maintenance of the Security District at $6,480.00 per year.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (4 -0).
Request for Approval of Medical, Vision, and Dental Insurance
Contracts: Mr. Treppeda requested approval of United Healthcare as the provider for
medical insurance and Safeguard as the provider for vision and dental insurance. He
explained that the savings is $511,536.80 over the current provider.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve. The
motion carried unanimously (4 -0).
Request for Acceptance of Insurance Package from Florida
League of Cities: Mr. Treppeda requested approval of Florida League of Cities as the
provider for property, liability and workers' compensation insurance for fiscal year
2007/2008. He explained that the savings is $252,028.00 over the current provider. Mr.
Treppeda noted that he would like to increase the coverage for the liability from $1 million
to $5 million, which would cost $15,000.00.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (4 -0).
Request for Approval of Proposal from ADP for Outsourcing
of Payroll Services: Mr. Treppeda requested approval to outsource the payroll services
to ADP, for $12,372.70 per year.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve. The motion carried unanimously (4 -0).
10. OTHER BUSINESS:
Dan Holder- 24 Ba/ Bay Drive, suggested installing padding on the park fence behind the
basketball hoops. Mr. Treppeda reported that will be done. Mr. Holder requested covers on
the sidewalk lights at Saks, because they currently shine in the eyes of pedestrians. Mr.
Treppeda reported that Mr. Whitman is working with his lighting expert on that. Mayor
Berlin suggested padding on the entire north side of the basketball court.
Neil Alter — Balmoral (9801 Collins Avenue), discussed recent news stories on
Councilman Jacobi. He questioned what action the Council has taken to investigate
Councilman Jacobi's residency. He is baffled that the Village has chosen to spend money
defending someone, instead of verifying the facts of the case.
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
W
David Kwiat - 10185 Collins Avenue, suggested that the Village Council investigate the
residency qualifications of its Councilmembers. He discussed Councilman Jacobi's
residency. Mr. Kwiat thinks that Councilman Jacobi should recuse himself from all Council
activities and the Village should stop spending money in defense of the case.
Paul Pruess -10101 Collins Avenue (Palace), expressed outrage at the Village spending
over $30,000 defending the lawsuit against Councilman Jacobi. He thinks that the Village
should have waited for the court's resolution, instead of spending money. He discussed the
news story being damaging to Councilman Jacobi and the Village. Mr. Pruess is bothered
that the Village has taken an aggressive stance in defending Councilman Jacobi. He thinks
that the Village should use its resources to validate the facts. He hopes that the Village
hasn't been a part of the allegations. Mr. Pruess doesn't think that Councilman Jacobi
should be on the Council.
Ana Marie Kelly - 77 Camden Drive, discussed outstanding liens, etc. regarding her
house and not receiving cooperation from the Village. She thinks there has to be some type
of responsible adherence to regulations and rules, and instead of filing lawsuits, getting the
facts.
Sylvia Holder - 24 Bal Bay Drive, questioned where the sign is on the beach stating that
it's unlawful to pick the sea oats. Mr. Treppeda will check.
Doug Rudolph - 212 Bal Bay Drive, pointed out that a small group of residents claim that
the Council doesn't take what the residents want into account, but pointed out that 70%
voted for Councilman Jacobi. He reported that prior to the election that group told people
that Councilman Jacobi didn't live in the Village, but didn't stop the election and then filed a
lawsuit against the Village when they didn't get what they wanted. Mr. Rudolph thinks that
the Village has a right to defend its representatives. He noted that if Councilman Jacobi is
found to have done something wrong, then the court will ask him to leave. He pointed out
that the group is complaining about the Village defending a lawsuit that they filed.
Dina Cellini 211 Bat Cross Drive, noted that Mr. Rudolph is not an attorney and is not in
a position to give an opinion as to why the Village is a party to the lawsuit. She noted that
the Village asked to be a party to the lawsuit at the hearing in August and is involved as the
Supervisor of the April Election. She reported that Mrs. Mullen did not know that
Councilman Jacobi wasn't a resident, until after the election, which is when she filed the
lawsuit. Ms. Cellini discussed the residency requirements. She suggested that the 70% who
voted in favor of Councilman Jacobi didn't know the true facts.
11. ADJOURN: There being no further business, a motion was offered by
lman Sanz and seconded by Councilman Packer to adiourn. The motion carried
unanimously (4 -0) and the meeting adjourned at 5:05 p.m.
Attest:
Ellisa L. Horvath, CM Yillage Clerk
Bal Harbour Village Regular Council Meeting Minutes 09/18/2007
Howard J. Berlin