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BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING — NOVEMBER 15, 2007
The Regular Meeting of the Bal Harbour Village Council was held on Thursday, November 15,
2007, at the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour,
Florida).
1. CALL TO ORDER /ROLL CALL: The meeting was called to order at 9:00
a.m. by Assistant Mayor Rosenfield. The following were present:
- Assistant Mayor Jean Rosenfield
Councilman Joel S. Jacobi
Councilman Martin Packer
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
Richard J. Weiss, Village Attorney
Andrea Greenblatt. Administrative Assistant
Absent: Mayor Howard J. Berlin
Councilman Jaime M. Sanz
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Building Official Dan
Nieda.
Assistant Mayor Rosenfield announced that National Geographic is filming the Council
meeting (they are covering the Sheraton implosion).
3. AGENDA: REQUEST FOR DELMONS/ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
Officers of the Month — October 2007: This presentation was done later
in the meeting.
5. CONSENT AGENDA:
Brian Mulheren, 10245 Collins Avenue, requested the removal of Tab C (Motion
Approving Resort Tax Funds in Accordance with the Director of Tourism's
Recommendation) and Tab E (Motion Approving Additional Funds for Crushed Shell to Fill
in Beach Access Road) from the Consent Agenda, for discussion purposes.
Mr. Treppeda requested approval for the following items on the Consent Agenda:
Tab B: Minutes for the October 16, 2007 Regular Meeting
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Tab D: $16,150 and $534.00 monthly in Police Forfeiture Funds in Accordance
with Chief Hunker's Request ($650.00 Donation to The South Florida
Shomrim Society, $15,500.00 in Educational Expenses, and $534.00
Monthly to Lease a 2008 Vehicle for Criminal Investigations)
Tab F: $2,606.25 for Impatiens for the Medians on Collins Avenue and 96th
Street
Tab G: $3,143.00 from the Water Fund for Luke's Landscaping to Relocate
Three Coconut Trees for the Water Meter Project
Tab H: $7,500.00 for the Fifth Annual Holiday Snow Festival at Bal Harbour
Park
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve the
items on the ConsentAeenda (other than Items C and E). The motion carried unanimously (3 -0).
Item C - Motion Approving Resort Tax Funds in Accordance with
the Director of Tourism's Recommendation:
Brian Mulheren, 10245 Collins Avenue, questioned who oversees the money spent,
since there is no Committee. He also questioned the legal ruling regarding the membership
of the Committee. Mr. Treppeda explained that he reviews the items recommended by the
Director of Tourism. He noted that the items are budgeted and are necessary to continue
promoting the Village. Mr. Treppeda agrees with the Director's recommendation. Mr.
Mulheren thinks that the citizens should have input, as part of the Committee. Mr. Weiss
noted that they are working on a solution regarding the Committee, with the Miami -Dade
County Commission on Ethics, which provides guidance. Mr. Weiss will report back, once a
solution is proposed, in order for the Council to make a decision on how to proceed.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve
Item C. The motion carried unanimously (3 -0).
Item E - Motion Approving Additional Funds for Crushed Shell
to Fill in Beach Access Road:
Brian Mulheren, 10245 Collins Avenue, suggested that the properties destroying the path
should pay to fix it. Mr. Treppeda reported that the One Bal Harbour and Harbour House
properties paid for the first loads of crushed shell and explained that he will bill them again
for a third of the additional cost. Mr. Mulheren doesn't think the Village should pay
anything. He also doesn't think that the shell being placed is uniform. Mr. Treppeda
reported that the color will even out over time.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve
Item E. The motion carried unanimously (3 -0).
6. PUBLIC HEARINGS: None.
7. ORDINANCES FIRST READING /PUBLIC INPUT: The following
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ordinance was read by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 10 "MARINE STRUCTURES, ACTIVITIES, AND WAYS" OF THE
VILLAGE CODE, AT ARTICLE H "USE OF PUBLIC BEACHES ", BY AMENDING
SECTION 10 -31 "PROHIBITED ACTS ", TO AMEND PARAGRAPH (1) OF
SECTION 10 -31 TO PROVIDE THAT THE PROHIBITION UPON BICYCLES
UPON THE PUBLIC BEACH SHALL NOT APPLY DURING A TRIAL PROGRAM
FOR USE OF BICYCLES ON A DESIGNATED PORTION OF THE PUBLIC
BEACH AS IMPLEMENTED BY THE VILLAGE MANAGER; AND TO PROVIDE
THAT THE PROHIBITION UPON VEHICLES SHALL NOT APPLY TO
TEMPORARY USE BY AUTHORIZED CONSTRUCTION VEHICLES ON A
DESIGNATED PORTION OF THE PUBLIC BEACH PURSUANT TO A SPECIAL
PERMIT FOR CONSTRUCTION VEHICLES WHICH MAY BE ISSUED BY THE
VILLAGE MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE.
Assistant Mayor Rosenfield opened the public hearing. There being no comments, the
public hearing was closed.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve the
Ordinance. The motion carried unanimously (3 -0), with the roll call vote as follows: Mayor Berlin
absent, Assistant Mayor RosenFeld aye; Councilman Jacobi aye; Councilman Packer aye;
Councilman Sanz absent
8. RESOLUTIONS: The following resolution was read by title by Mrs.
Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, REVISING THE VILLAGE'S REQUEST FOR COUNTY FUNDS
PURSUANT TO THE COUNTY'S BUILDING BETTER COMMUNITIES
GENERAL OBLIGATION BOND FUND PROGRAM; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Brian Mulheren, 10245 Collins Avenue, questioned why bond money is being used
instead of building permit fees. Mr. Treppeda reported that building fees were used for the
Building Department project, but explained that building fees cannot be used for the Police
Department project. Mr. Weiss will research the possibility of using building fees for that.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve the
Resolution. The motion carried unanimously (3 -0); thus becomin,- Resolution No. 701.
9. REPORTS:
A. VILLAGE MANAGER:
Request for Approval of Bid for Police Holding Cell Project:
Mr. Treppeda recommended awarding the bid for the Police Holding Cell Project to the low
bidder, Construction Depot, for $158,800.00. Mr. Treppeda will apply to use General
Obligation Bond funds, to reimburse the Village for the cost.
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Lynne Bloch- Mullen, 10150 Collins Avenue, recommended that the project be done
immediately, for safety reasons.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve.
The motion carried unanimously (3 -0).
Discussion of Ideas for Green Initiatives: Mr. Treppeda provided
environmentally friendly initiatives, which were recommended by Village residents Babak
Raheb and Emme Pedinielli. He suggested that the Council consider appointing them to a
citizens advisory board, to make suggestions on how to best carry out environmentally
friendly initiatives for the Village.
Estrellita Sibila, Village Attorney, discussed green initiatives used by other municipalities.
Mr. Weiss requested guidance from the Council. It was the consensus of the Council to
conduct a workshop meeting on this issue.
Babak Raheb, 128 Balfour Drive, suggested placing information in the Village newsletter
concerning initiatives, to increase resident awareness. He discussed holiday and street
lights (LED) that use less electricity, plants and grass that use less water, giving tax breaks
to buildings that are energy efficient, a light bulb program, vampire electronics, and paper
recycling.
Neil Alter, 9801 Collins Avenue, discussed a showerhead replacement program. Ms.
Sibila will provide information on that program to the Village, which is through the Miami -
Dade Water and Sewer Department.
Brian Mulheren, 10245 Collins Avenue, suggested using LED lights for the trees. He
discussed preserving park land and open space. He also discussed placing water
restrictions and a connection leak at the Harbour House.
Mr. Treppeda will research if anything is available, prior to putting up the holiday lights. He
noted that he is already researching the possibility of using different lights for the median
landscaping.
Dan Holder, 24 Bal Bay Drive, discussed mechanical heaters.
Dr. Raheb, 10205 Collins Avenue, requested that the Park be updated to include age
appropriate areas, for children over three years of age. Mr. Treppeda will look into that.
Councilman Packer suggested that motors not be left running on police cars, at off -duty
jobs.
It was the consensus ofthe Council for Assistant Mayor Rosenfeld to Chair a workshop meeting
to discuss Green Initiatives, after the holidays.
Officers of the Month — October 2007: Chief Hunker thanked
Captain Roye for his work in the criminal prevention division and Detective Eppler for his
work on identity theft.
Captain Roye presented Detective Edwin Vargas and Detective Paul Eppler with the Officer
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of the Month plaques, in recognition of their participation in the dismantling of two large
cocaine trafficking organizations, in the Miami and Tallahassee areas.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of November 15,2007: Mrs.
Horvath distributed a revised list of Lobbyists currently registered with the Village.
Discussion of Village Clerk Employment Contract: Mrs. Horvath
reported that her contract will expire on February 14, 2008.
It was the consensus of the Council for Assistant Mayor Rosenrield to negotiate a new contract
with Mrs. Horvath and to bring it back to the Council for consideration.
Mr. Treppeda requested approval of consultant fees in excess of $2,500.00, to assist the
Village with the Sheraton implosion process.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve.
The motion carried unanimously (3 -0).
C. VILLAGE ATTORNEY: No items.
D. MAYOR AND COUNCIL:
Councilman Packer reported that he has met with several of the Condo Associations on the
East Side, regarding the placement of mirrors at their exit driveways. Councilman Packer
will place this item on a future agenda for discussion.
10. OTHER BUSINESS:
Brian Mulheren, 10245 Collins Avenue, discussed the workshop meeting held by The
Related Group at the Sea View Hotel, regarding the Sheraton implosion. He requested the
results of the concrete testing.
Mr. Weiss reported that a request has been received for the Village to issue the implosion
permit. He explained that some issues were raised regarding the safety of the particulate
created by the implosion and that Starwood has received an engineering report indicating
that there isn't a health problem. Mr. Weiss reported that the Village is hiring a consultant to
review that report (two people at the University of Illinois). He noted that all of the
information will be given to the Building Official, in order for him to make a decision on
permitting the implosion.
Mr. Mulheren reported that a professional he contacted suggested that anyone near the
site wear a protective mask and protective clothing. He discussed the problems with tonsil
cancer in New York (as a result of the conditions after 9/11).
Sybille Holder, 24 Bal Bay Drive, reported that the stripes designating the pedestrian
walkway, exiting the Shops at 96th Street, are barely visible. Mr. Treppeda will discuss that
with the Shops.
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Neil Alter, 9801 Collins Avenue # 11U, commended Mr. Mulheren for his contribution to
preserving the health and welfare of the Village, by speaking at the Sea View Hotel
workshop meeting. He expressed concern that DERM hadn't examined the columns for
toxic material, because he thinks it's their task to preserve the health of the citizens.
Babak Raheb, 128 Balfour Drive, noted that issue mostly affects the Balmoral and
Majestic buildings. He reported that the Associations received money and thinks that they
should use it to research those issues for their residents. Mr. Raheb doesn't think that the
Village would have approved anything, if those buildings had objections. He thinks that the
residents should talk to their associations. Mr. Raheb discussed an un- proportional balance
in the Council districts. He suggested that re- districting be done, before the next election.
Assistant Mayor Rosenfield discussed the Sea View Hotel workshop meeting. She
explained that Mr. Treppeda and Mr. Weiss are investigating the issues that residents are
concerned about. She noted that it is not a Council decision, but is the Building Official's
decision on whether or not to implode. Assistant Mayor Rosenfield pointed out that Dan
Nieda, the Building Official, has spent a great deal of time investigating the issues.
Neil Alter, 9801 Collins Avenue # 11 U, discussed the possibility of the Council's
consideration of purchasing the Beach Club property, for the community. Assistant Mayor
Rosenfield reported that the Village has not investigated that. Mr. Treppeda explained that
the lawsuit concerning that property was settled for $90 million. Councilman Packer
reported that he requested Mr. Treppeda to research the impact on taxes and the millage
rate, if the Village Hall property were purchased and relocated to that property. He
discussed other municipalities along the coast having beautiful Village Halls. He doesn't
think more condos are needed on that property. Councilman Packer discussed the
possibilities of development and thinks it should be investigated.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Councilman Jacobi to adiourn. The motion carried
unanimously (3 -0) and the meeting adiourned at 9:51 a.m.
Mayor Howard J. Ber m --
Attest:
Ellisa L. Horvath, M , Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 11/15/2007