HomeMy Public PortalAbout2010-04-20 Regular Meeting425
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING APRIL 20, 2010
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 20, 2010,
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 7:02
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Daniel L. Abbott, Village Attorney
Absent: Councilman Jaime M. Sanz
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
General Employees Retirement Board Meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS:
Mr. Treppeda requested the addition of a request for $18,150 for Zambelli Fireworks to
provide fireworks for the 4th of July.
A motion was offered by Councilman Packer and seconded byAssistantMayorBlachar to add the
Zambelli Fireworks item to the Consent Agenda. The motion carried (4-0).
4. SPECIAL PRESENTATIONS:
Officer of the Month for March 2010: Chief Hunker announced Alex
Alvarez as the Officer of the Month and also recognized George Bielovucic; Director of Bal
Harbour Shops Security. Mr. Bielovucic introduced his family.
Chief Hunker discussed the bill for the Red Light Camera Traffic Enforcement and urged
everyone to contact their State legislatures to support the bill.
Update on Relay for Life — Officer Orr: Officer Orr discussed the Relay
for Life event and requested resident participation and support.
Mayor Rosenfield introduced Village Attorney Dan Abbott.
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5. CONSENT AGENDA:
Mr. Treppeda requested an amendment to Tab C, to add an item to appoint Florent
Gateau, ONE Bal Harbour Manager, to the Resort Tax Committee.
Mr. Treppeda requested the removal of Tab F, until additional information was received.
Ms. Cellini requested the removal of Tab H, for discussion.
Mr. Treppeda requested approval for the following remaining items on the Consent
Agenda:
Tab B: March 2, 2010 Council Workshop Meeting Minutes
March 16, 2010 Regular Council Meeting Minutes
Tab C: $64,000 in Resort Tax Funds ($24,000 to extend the Local Public Relations
Contract with Robyn Ross and Christine Procel for 6 months, $17,500 for a
Consultant to support the Director of Tourism for 6 months, and $22,500 for
the Summer Music Cultural Series for 15 weeks) and appointment of Florent
Gateau, ONE Bal Harbour Manager, to the Resort Tax Committee
Tab D:
$93,491.29 in Police Forfeiture Funds ($20,991 to purchase a 2010
Freightliner 3500 Sprinter truck, $65,999.96 for a one-year contract for a
sworn drug task force officer, and $6,500.33 for a generator installation at
the Police sub -station).
Tab E: $7,775.47 in Water Funds for an after -the -fact emergency excavation in front
of the Church by the Sea by Kailas Corp.
Tab G: $6,089 in Maintenance of Equipment Funds for ThyssenKrupp to upgrade
the Village Hall elevator logic from solid state to digital
Tab I: $444.31 monthly in Police Budgeted Funds for a 48-month lease for a 2010
Ford F-150
Added Item: $18,150 for Zambelli Fireworks to provide fireworks for the 4th of July
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve the items on the Consent Agenda, excluding Tabs F and H. The motion carried (4-0).
Mayor Rosenfield introduced Florent Gateau, the new Manager at the ONE Bal Harbour.
Tab H — Motion Approving Sea Oats for the Beach: Approval was
requested for $12,000 from the Beautification & Maintenance budget, to purchase 3,000
sea oats for replenishment on the beach.
Dina Cellini, 211 Bal Cross Drive, suggested that the purchase be reconsidered when a
new landscaper is hired, since the price may be lower than the one provided by the current
landscaper (Luke's Landscaping). Mr. Treppeda explained that the Village Landscape
Architect had the sea oats grown, so the Village would need to finish this contract prior to
switching companies. He explained that it would be done prior to a new company coming
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 2
in. Councilwoman Cohen reported that its a very fair price. Assistant Mayor Blachar 427
questioned when a new landscaping contract would start. Mr. Treppeda reported it to be
June 1, 2010.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve Tab H. The motion carried (4-0).
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Award of Bid for Landscaping Services: Mr. Treppeda explained
the bid process and reviewed the following bids that were received: Lukes-Sawgrass
Landscape (current service provider) $434,725, Vila & Son Landscape $432,000, and The
Brickman Group, Ltd. $430,092 (low bidder). He recommended awarding the bid to The
Brickman Group, Ltd.
Neil Alter, 9801 Collins Avenue, questioned the number of years that the Village has
been under contract with Lukes. Mr. Treppeda explained that the contract has been since
2007, but noted that the Village started using Lukes under the Aventura bid prices in 2002.
Mr. Alter questioned what the contract would encompass. Mr. Treppeda reviewed the
areas including Collins Avenue, the beach, 96thStreet, Bal Harbour Park, two areas in the
Security Area, and Village Hall. Mr. Alter questioned the percentage of savings. Mr.
Treppeda reported that the Village would be saving $63,000+, compared to the current
contract. Mr. Alter discussed the indictment of the Chief Executive Officer of Lukes. Mr.
Treppeda explained that the company was sold.
Brian Mulheren, 10245 Collins Avenue, requested clarification on the number of
employees and their responsibilities. Mr. Treppeda explained that it would be similar to
what Lukes had been providing and offered to provide the specifications. He clarified that
the Village's Landscape Architect supervised the company and the company would also
provide supervisors for their staff. Mr. Mulheren requested additional on -site supervisors
that would be evaluated, since less Bal Harbour employees are doing the work. He
discussed dissatisfaction with the work by Lukes and suggested a performance measure.
Mayor Rosenfield encouraged residents to provide comments on landscaping issues to Mr.
Treppeda. Mr. Mulheren thinks that the Village employees aredoing a good job.
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Dina Cellini, 211 Bal Cross Drive, questioned the term of the contract. Mr. Treppeda
reported that the contract could go longer than two years, but clarified that the prices were
set for two years. Ms. Cellini discussed the economy and suggested thinking before.
committing the Village to that amount of money. She suggested reassigning some of the
work back to the Village employees. Mr. Treppeda explained that six positions have been
eliminated in the Public Works Department, over the past seven years. Ms. Cellini
questioned if they would be able to assume any of the landscaping duty. Mr. Treppeda
clarified that they still do the landscaping in the Security District. Ms. Cellini discussed the
amount paid to Lukes, since 2002, and discussed fiscal discretion, saving, and the deficit
that the Village will be faced with. She suggested that the scope of services be looked at
and consideration of reassigning some of it back to the employees. Mr. Treppeda clarified
that six employees have not been hired and the Department didn't have the personnel to
do the work. He discussed the benefits of outsourcing the work. Mayor Rosenfield
questioned if there was anything in the contract that could be cut. Mr. Treppeda clarified
that there was not and discussed the scope of the landscaping services. He reported that
the Village staff could not handle the beach landscaping, which is why Lukes was brought
in.
Anamarie Kelly, 77 Camden Drive, suggested that the Village stop cutting in the
Residential Section, since it is private property.
Councilwoman Cohen questioned the Security District and how the Village ended up doing
work on private property. Mr. Treppeda explained that is something that could be remedied
by the Village passing a special assessment for landscaping, etc. Councilwoman Cohen
spoke in favor of the issue being addressed.
A motion was offered by Councilwoman Cohen for the Security District to take care of their own
landscaping. The motion died, due to the lack of a second
Councilman Packer suggested hearing from the District residents, before voting on it.
Mayor Rosenfield suggested tabling the discussion for further investigation, since the
Village is currently using Lukes on a monthly basis.
Councilwoman Cohen discussed the excellent job done by Lukes and questioned why the
company is being changed. Mayor Rosenfield and Councilman Packer both explained that
there was a lower bid. Mr. Treppeda explained that if the Village didn't take the lowest bid,
then it may be subject to challenges by the other lower bidders. Mr. Abbott explained the
process and noted that it was usually assigned to the low bidder. Councilwoman Cohen
discussed the new company not knowing the Village and its landscaping.
Councilman Packer suggested that the lowest bid be accepted, contingent upon
consultation with the homeowners association about imposing an assessment, since the
issue has come up. He clarified that it would be left up in the air if the company would
continue in the Security District, until an agreement is met with the residents in that District.
Councilwoman Cohen discussed the possibility of her building being maintained by the
Village, if it is maintaining the Security District. Councilman Packer would like to save the
money also, but would like a representative from the Security District before voting on the
issue. Assistant Mayor Blachar discussed certain procedures that would need to be
followed before stopping the landscaping service. She agreed that it could be discussed
and brought back to the next meeting, but she spoke against stopping it immediately.
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 4
Mr. Treppeda recommended going with Councilman Packer's recommendation.
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A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to accept the
bid from the Brickman Group, (authorizing the Village Attorney to negotiate the contract) with
the provision that there will be a discussion (with the Bal Harbour Civic Association) on the scope
of work and that the amount for the scope of services and the contract could be changed The
motion carried (4-0).
Mr. Treppeda will contact Stuart Sobel, Bal Harbour Civic Association President.
Councilwoman Cohen requested that the legal aspects also be looked at.
Award of Bid for Village Hall Renovations and Approval of
Furniture Cost: The following bids were received: Construction Depot $299,991.85,
Deco Contractors $418,514.90, and Brodson Construction $401,383.00. Mr. Treppeda
requested approval for the following: $299,991.85 to award the bid for Village Hall
Renovations to Construction Depot (the low bidder), $50,025.50 for furniture and a space
saver filing system (both at State bid prices), and a $25,000 contingency for any change
orders.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve the items requested by Mr. Treppeda, for discussion purposes. No action was taken on
this motion.
Dina Cellini, 211 Bal Cross Drive, discussed fiscal responsibility, the $400,000 that was
spent for the police to move and the additional cost for the Village Hall renovations on top
of that. She spoke against renovating the space, if doing so puts the Village in the financial
red. She suggested that it be done in phases, depending on the amount that could be
afforded and what is imperative now. Mr. Treppeda explained that the Police moved to the
Shops because Village Hall didn't have enough space, the Accounting Department is very
cramped, and funds are included in the current budget for the renovation.
Brian Mulheren, 10245 Collins Avenue, discussed the need for a functioning building and
the idea for a new building with new facilities. He suggested using building permit fees for
the project. Mr. Treppeda doesn't know if they could be used for that.
Dan Nieda, Building Official, discussed the history of the building, including mold and
asbestos issues. He discussed the need for proper facilities for the Building Department
and Accounting Department. He discussed the revenue created by the Building
Department, which should have an adequate facility.
Anamarie Kelly, 77 Camden Drive, questioned if Mr. Whitman is buying the Village Hall
property.
Stanley Whitman, Bal Harbour Shops, responded that he is.
Ms. Kelly spoke against spending any more money on the building, if Mr. Whitman is going
to buy it. Mr. Treppeda explained that there is no offer on the table and the building needs
to be put back into decent shape.
Neil Alter, 9801 Collins Avenue, requested clarification on the building suffering from
mold and asbestos. Mr. Treppeda explained that it is, but noted that nothing is airborne.
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 5
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Councilman Packer suggested that there be a liaison person, named by the Landscaping
Company, to be responsible to someone in the Village regarding the landscaping services.
Councilman Packer pointed out that the renovation items are budgeted for.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve the items requested by Mr. Treppeda. The motion carried (4-0).
Discussion of Home Based Businesses: Mr. Treppeda explained
that the Village Code does not allow a license to be issued by the Village for a home -based
business, which could be a revenue source for the Village. He suggested directing the
Village Attorney to prepare an ordinance to regulate home -based businesses.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
accept directing the Village Attorney to prepare an ordinance.
Anamarie Kelly, 77 Camden Drive, spoke against allowing home based businesses. She
reviewed the County Code regarding licenses. She discussed various residents in Bal
Harbour that conduct business out of their homes and questioned what enforcement the
Village is doing to address that. Ms. Kelly reviewed Ordinance 169.
Brian Mulheren, 10245 Collins Avenue, questioned the type of businesses that would be
allowed and suggested a workshop meeting to discuss the issue. He suggested that the
people in violation be notified.
Mayor Rosenfield spoke against allowing home -based businesses. She pointed out that
the condominiums also have their own documents, which may not allow it.
Councilman Packer questioned Mr. Abbott if the current Village Ordinance prohibits all
types of home -based businesses. Mr. Abbott advised that it does prohibit it and clarified
that if the Village wants to allow home -based businesses, then it should amend the zoning
and business tax receipt section of the Code.
Assistant Mayor Blachar discussed the memo included in the agenda and questioned if
there are businesses operating illegally. Mr. Abbott advised that they are if they are located
in the residential zones. He explained that the business tax receipt is a revenue source and
is not a license to operate.
Councilwoman Cohen discussed working on her computer to answer email, etc. but not
conducting any business activity out of her apartment. She discussed the number of
people that could be operating businesses out of their homes.
Assistant Mayor Blachar suggested that it be discussed with Village Attorney Richard
Weiss, since he is more familiar with the Code. Mayor Rosenfield agreed.
Councilman Packer agreed that it should be looked into further.
The motion was defeated (0-4), with all voting against it.
Mr. Treppeda was directed to speak to Village Attorney Richard Weiss to inform him of the
outcome of the discussion.
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 6
431
Discussion of Next Steps in Bus Shelter Design: David Stuart,
Tom Graboski Associates, displayed and reviewed Option #9 for a bus shelter design.
Mr. Treppeda reported that Architectural Review Board Members Paul Buzinec and Jaime
Schapiro both liked the design, with a suggestion from Mr. Schapiro that the roof have a
little more slope. Mr. Stuart suggested that additional slats (louvers) be ordered for
vandalism replacement, etc. Assistant Mayor Blachar questioned if the seats would have
dividers. Mr. Stuart reported that they would and would also have backs. Assistant Mayor
Blachar questioned if the recommendation was for three glass panels. Mr. Stuart advised
that it was.
Dan Nieda, Building official, spoke in favor of Option #9, which met all of the criteria.
Assistant Mayor Blachar spoke against having the etching in the glass.
Dina Cellini, 211 Bal Cross Drive, questioned if the design had two or three glass panes.
Mr. Stuart clarified that there were three glass panes.
Neil Alter, 9801 Collins Avenue, questioned the cost of the installations. Mr. Treppeda
reported that it was within the budget. Mr. Alter discussed the progress that was made.
Mr. Nieda suggested using only two panes of glass (glass on the direction that the bus is
coming from and louvers on the other side).
Chief Hunker questioned if the shelter met hurricane standards. Mr. Stuart reported that it
did. Chief Hunker discussed concerns with the louvers being used as a hiding place. Mr.
Stuart explained the concepts for the louvers, which would have landscaping on them.
Chief Hunker questioned the type of lighting that would be used. Mr. Stuart explained that
LED lower powered lighting, would be used, but noted that it would be researched further.
Chief Hunker discussed the hazards of glass and suggested more louvers than glass, but
doesn't know how transparent the shelter would be, which would be his concern. Mr. Stuart
explained that the glass would have to be tempered.
Dina Cellini, 211 Bal Cross Drive, spoke in favor of the shelter. She liked the louvers on
the third side (across from the bus approach), but would be fine if glass is preferred. She
discussed other cities/states with shelters that had at least three sides with glass.
Stan Whitman, Bal Harbour Shops, commented that it was a great improvement, but
spoke against the white ceiling and glass. He reported that the County Transit authority
only provided bus bays at the Shops and at the St. Regis site, which had the most riders.
He spoke in favor of the louvers, but thinks that they could be more open. Mr. Whitman
discussed the aesthetics of the proposed shelter versus the existing shelter, which fades
into the background and is gorgeous. He discussed the cost involved and spoke in favor of
the current shelters, which he thinks were better and less expensive. Mayor Rosenfield
reported that the Architectural Review Board members suggested more of a slope on the
roof. Mr. Stuart noted that the roof could be a different color. Mr. Whitman commented that
it was a better looking box than the other proposals.
Brian Mulheren, 10245 Collins Avenue, discussed the need for the bus shelters to
protect people from sun and rain. He discussed the lack of protection with the current
shelters. He agreed that more glass should be used, if the Chief is concerned about safety.
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 7
4 3 2 Councilwoman Cohen reviewed a PowerPoint presentation. She questioned the need for
the Village to provide shelters at every stop and suggested only providing them at the
busier stops. She doesn't think that the proposed 23 feet shelters would blend into the
environment the way the current shelters do and questioned the Village spending the
money if it wasn't imperative and the money has not been received yet. She suggested
only replacing the shelters that have rotted. Councilwoman Cohen doesn't think it's
imperative to act on it right away.
Mrs. Horvath read letters received from Neiman Marcus and Saks Fifth Avenue in favor of
duplicating the aesthetics of the existing shelters.
Councilman Packer thinks that Councilwoman Cohen made a good case, but he suggested
that the new shelters would replace the existing shelters and be just as invisible as the
existing ones, due to the foliage. He proposed that bus bays be placed at the other six bus
stop locations, to avoid traffic interruptions by the buses. Mr. Stuart reported that the same
footprint is being used as the existing ones, with the roof extending further. He clarified that
the Village could not purchase anything off the shelf, because it would have to go out to
bid. He noted that the existing shelters were bought off the shelf and he spoke in favor of
purchasing something off the shelf if the Village was able to.
Councilwoman Cohen clarified that could be done and explained that GAP Architectural
Products provided the specifications for the new version of the existing shelters and they
could go out to bid (they have done it for other municipalities) and also provide a
landscaping concept for the existing shelters that meet the Code, etc. Councilwoman
Cohen reviewed a PowerPoint presentation showing the green screen concepts from GAP
Architecture Products, which could be added to the sides of the shelters and would reduce
the temperature in the shelter by ten degrees. Councilman Packer discussed the mess
created from using landscaping with flowers and not fully grown. He spoke in favor of
Option 9 as a great compromise, which would be hurricane -proof and rust -proof.
Councilwoman Cohen explained that a different type of landscaping could be used.
Mayor Rosenfield explained that the money that was appropriated to the graphic designer
had been used and noted that if the Council would like to continue, then more
appropriations would have to be made. She questioned if the Council. is in favor of Option 9
or would like to have additional exploration at improving the existing shelters with GAP
Architectural Products.
Mayor Rosenfield reported that the Council does not have any prices and would like
additional information. Councilman Packer noted that the Council is under the impression
that the shelters would cost within the $350,000. Mr. Stuart clarified that they have had the
Village's budget figures and could also cut down on the seating capacity. He noted that the
Council would need to direct whether or not six seats would be provided. Councilwoman
Cohen discussed the large number of residents that do not want the shelters changed and
spoke against the expenditure of $100,000 in taxpayer dollars.
Assistant Mayor Blachar was not aware of the new version of the existing shelter. Mr.
Treppeda distributed the information from GAP Architectural Products, Inc. Councilwoman
Cohen explained that they would customize the shelters based on the Village's criteria and
put it out to bid. Assistant Mayor Blachar questioned when the $250,000 would be
received. Mr. Treppeda explained the process and estimated receipt of the money in
October at the earliest. He noted that the Village needed to select something to get the ball
rolling, but couldn't spend anything until the money is received. Assistant Mayor Blachar
Ba1 Harbour Village Regular Council Meeting Minutes 04/20/2010 8
noted that there wasn't a guarantee that the Village would be receiving the money. Mr.
Treppeda reported that the money was earmarked for the Village, which he thinks the
Village would receive. Councilwoman Cohen reported that the new version of the existing
shelters would cost $16,500 each.
Assistant Mayor Blachar spoke against the roof extending out more, because it would look
like a larger box. She discussed the two different opinions between Councilman Packer
and Councilwoman Cohen. Councilman Packer spoke in favor of replacing the bus shelters
that the Village has, but not going backwards. Assistant Mayor Blachar pointed out that the
Council wanted to replace the shelters, but Councilman Packer and Councilwoman Cohen
want to replace them with different things. She discussed the need to make everyone
happy (residents, ARB, Building Official, Shops, etc.) and another workshop may be
needed and the Board may need to review it again. Councilman Packer suggested that the
Council visit the bus shelters. He reported speaking to riders of the bus, who have all
voiced requests to have new shelters with protection from the elements. Mayor Rosenfield
thinks that the Councilmembers have all seen the shelters.
Mayor Rosenfield questioned if the Village wanted to spend $350,000 on bus shelters.
Dina Cellini, 211 Bal Cross Drive, noted that the Council already passed a motion
unanimously to spend the $350,000 to get new bus shelters. Councilwoman Cohen
disagreed and clarified that the Council approved $20,000 for the graphic designer. Mayor
Rosenfield reported that the motion was tabled. Ms. Cellini explained that in that motion the
Council philosophically decided that new bus shelters were needed and the Council is now
is going back because Mr. Whitman doesn't want new shelters. Mayor Rosenfield clarified
that she questioned the expenditure of $350,000, not if the Village wants bus shelters or
not. She noted that there may be less expensive ways to do that.
A motion was offered by Councilman Packer to adopt Option #9. The motion died, due to the lack
of a second,
A motion was offered by Councilwoman Cohen to put it out to petition and come back with the
opinion of the residents to spend $350,000 to replace the existing bus shelters. The motion died,
due to the lack of a second,
Mayor Rosenfield pointed out that the residents and the public have had the ability to
attend the meeting to voice their opinion. Councilman Packer agreed. Assistant Mayor
Blachar discussed providing four bus shelters instead of eight. She requested Mr. Nieda's
comments.
Dan Nieda, Building Official, suggested approving design Option 9, with the modifications
suggested by the Architectural Review Board, tabling it, and then deciding the logic of how
to proceed. He discussed the question if the Council wanted to have a new bus shelter
prototype (Option #9) or wanted to retain the existing shelters and upgrade them to be
more Code compliant. He thinks that if the Council decided on the prototype, then it should
be moved forward and then the issue of placement (number of shelters, seats, etc.) could
be addressed later. He suggested approving the design and tabling it to allow for additional
decisions including the bid process, etc. He noted that if the prices are too high then they
wouldn't be built. Councilwoman Cohen questioned if the Council could change their
minds. Mr. Nieda reported that the Village would meet a consensus, but would not have to
be married to it.
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 9
434 A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to move
ahead with the prototype (Option 9). The motion carried (3-1), with Councilwoman Cohen voting
against it,
Mr. Treppeda explained that the next step would be to approve up to $15,000 for the
company to proceed with the details. Mr. Stuart noted that they have enough information to
get some budget figures, at no charge. Mayor Rosenfield requested a model of the
prototype. Mr. Stuart agreed to provide one.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of April 20, 2010: A list of
Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY: No items.
D. MAYOR AND COUNCIL: No items.
10. OTHER BUSINESS:
Public Comment:
Anamarie Kelly, 77 Camden Drive, discussed her public records request for the list of
people who have a Security District EGO pass, which she was denied, per the Village
Attorney. Assistant Mayor Blachar questioned why Ms. Kelly wanted the list. Ms. Kelly
explained that she was denied an EGO pass and she wanted to see who else had a pass
that was not eligible. She discussed lawsuits pending on the issue of ownership of her
property.
Brian Mulheren, 10245 Collins Avenue, discussed the need for shelters at the bus stops
for the elderly residents and suggested going out to bid. Assistant Mayor Blachar reported
that was being done.
Neil Alter, 9801 Collins Avenue, voiced his dismay that a Councilmember was suggesting
that shelters not be provided. Mayor Rosenfield clarified that the Council is moving forward
with the issue and discussion was needed, which is why the issue was prolonged.
Dina Cellini, 211 Bal Cross Drive, questioned the Village Attorney if the list of people who
had the EGO pass could only be obtained by owners in the Security District. Mr. Abbott
explained that there was an exemption from public records law for security issues, but
noted that there was an exception for owners of the security system. He clarified that the
Village attorney had advised that the documents were not public record. He clarified that
owners could obtain information on their own EGO pass, but the request for all the people
with passes to the security system was not open to public record. Ms. Cellini questioned if
she could receive the list of the EGO passes. Mr. Abbott didn't think so, but she could
receive the information for her own pass. Ms. Cellini requested a copy of the records for
the EGO passes for all of the Security District and requested an answer from the Village
Attorney. She noted that Ms. Kelly's position was that she was being denied the list
because she was not a legal owner. Ms. Cellini would like to save the Village legal fees
over the position.
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 10
Mayor Rosenfield reported that the last beach concert is Thursday night. She thanked Ms.
Travis for her efforts in scheduling the events.
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11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blachar and seconded by Councilwoman Cohen to adiourn. The motion carried
(4-0) and the meeting adjourned at 9:45 p.m.
Attest:
Ellisa L. Horvath, M'� a .. illage Clerk
Bal Harbour Village Regular Council Meeting Minutes 04/20/2010 11