HomeMy Public PortalAbout2011-09-20 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - SEPTEMBER 20, 2011
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September20,
2011, 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 6:18
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Richard J. Weiss, Village Attorney
Absent: Councilwoman Patricia Cohen
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
Second Budget Hearing.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: None.
4. SPECIAL PRESENTATIONS:.
Officer of the Month for August 2011: This item was discussed later in
the meeting.
Richard Masten, Executive Director — Crime Stoppers of Miami -
Dade, Inc.: This item was discussed later in the meeting.
5. CONSENT AGENDA:
Dina Cellini, 211 Bal Cross Drive, requested the removal of Tabs I, N, and O.
Mr. Treppeda requested approval for the following remaining items:
Tab C: July 19, 2011 Regular Council Meeting
July 19, 2011 Council Workshop Meeting (Budget)
Tab D: Expenditure of Police Federal Forfeiture Funds for the following items:
$5,000.00 Donation to the Young Men's Academy for Academic and Civic
Development at MacArthur -South, $1,000.00 Donation to the Dade County
' PBA Love Fund POAT, $1,072.56 Custom Spacesaver Shelving Unit by
Patterson Pope Inc. for the Police Administrative Office, $3,500.00
Benchmark Seminars Training, $2,660.00 for Car Trailer from David's Trailer,
$1,237.50 for Franklin Investigations Inc., $3,195.58 for Emergency Vehicle
Lighting and Siren for Drug Task Force Vehicle from Dana Safety Supply,
and $7,500.00 Yearly for Social Media Institute Inc. for handling Police Social
Media Campaign
Tab E: Expenditure of Police Budgeted Funds for the following items: $2,922.00 for
lighting and siren for Police vehicle and ($2,000.00) for disposal (sale) of
Police vehicle
Tab F: Mutual Aid Agreement with Medley Police Department
Tab G: Expenditure of Resort Tax Funds, per the Resort Tax Committee
Recommendations, for the following items: $22,800.00 for United States
Sales Action Plan for 2012, $26,000.00 for Brazilian Sales Action Plan for
2012, $22,360.00 for Argentinean/Chilean Sales Action Plan for 2012,
$29,000.00 for Russian Sales Mission, $21•,679.00 for International Luxury
Travel Market (ILTM) Trade Show, $7,500.00 for Bal Harbour City Guide
Publication, $91,020.00 for Movies on the Beach, $12,000.00 (to be
reimbursed by the St. Regis Hotel) for Bal HarbourArt Nights, $23,000.00 for
Sales and Marketing Retreat, $2,500.00 Monthly for Russia •Public Relations
Firm, $4,000.00 Monthly for Canada Public Relations Firm, $4,200.00
Monthly for Mexico Sales Representative. (for Sales and Public Relations
efforts)
Tab H: Approval of the Gated Residential Section Advisory • Committee
Recommendations for the following items: direct the Village Attorney to
explore the feasibility of requiring that temporary signs be placed on lawns
that have been sprayed with pesticide and whether or not a less toxic
pesticide could be required, and authorize the execution of an agreement
with O'Leary Architectural Designs for up to $20,000.00 for consulting
landscape architecture services
Tab J: Up to $9,416.00 from the Beautification & Maintenance Fund for the
purchase of eight replacement bollard lights for the beach from South Dade
Lighting
Tab K: $22,059.30 from the Beautification & Maintenance Fund for the purchase of
30 ballasts and 30 fixtures from South Dade Lighting, to replace as they go
bad, in the date palm lighting units on Collins Avenue
Tab L: $15,500.00 from the Beautification & Maintenance Fund for4,000 additional
sea oats for the beach from The Brickman Group
Tab M: $170,631.08 for Change Orders 3, 4, and 5, for the Collins Avenue Sewer
Force Main Project
Tab P: Approval of New Contract with Munilytics for Finance Director Services
A motion was offered bv Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the items on the Consent ARenda, except for Tabs I, N, and O. The motion carried (4-0).
Bat Harbour Village Regular Council Meeting Minutes 09/20/2011 2
Tab I — Motion Authorizing Village Manager to Enter into
Agreement with The Brickman Group for Landscape Services within the Gated
Residential Section: The request was for $88,833.80 and authorization for the Village
Manager to work with the Village Attorney to draft a contract between The Brickman Group
and Bal Harbour Village, for the provision of landscape maintenance services in the gated
area, to begin on October 1, 2011.
Dina Cellini, 211 Bal Cross Drive, questioned the Village's effort to get work with The
Brickman Group, for the four Public Works employees that would be terminated.
Mr. Weiss explained that a clause would be provided in the contract, for a good faith effort
for the company to hire those Village employees.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve Tab L The motion carried (4-0).
Tab N — Motion Approving Lease Agreement for Mailing
System for Village Hall: The request was for authorization for the Village Manager to
enter into a lease for 48 months, at $155.00 per month, for a new mailing system for
Village Hall.
Dina Cellini, 211 Bal Cross Drive, questioned who sent out the Village mailings, since
she received her 4th of July flyer on July 6th (it was postmarked June 10th). Assistant Mayor
Blachar noted that if it was postmarked in June then the late delivery could have been due
to the post office, not the Village or its company.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
Tab N. The motion carried (4-0).
Tab O — Motion Approving Reappointment of Architectural
Review Board. Members: The request was to consider re -appointing James Silvers,
Giorgio Balli, Paul Buzinec, and Christopher Cawley as members of the Architectural
Review Board, for a term of two years.
Dina Cellini, 211 Bel Cross Drive, suggested that the Council consider appointing new
members to the Board, since there were residents who would qualify to serve.
Assistant Mayor Blachar reported that she had spoken to Mr. Treppeda and Mr. Nieda
regarding that. She noted that the four people who served on the Board did a great job and
were very familiar with the Code, etc. She discussed the one position available on the
Board and discussed placing an ad for it.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
Tab O. The motion carried (4-0).
6. PUBLIC HEARINGS:
Quasi -Judicial Public Hearings:
Bat Harbour Village Regular Council Meeting Minutes 09/20/2011 3
Sign Permit Request — St. Regis Bat Harbour (9701, 9703, and 9705
Collins Avenue): The request was consideration for a sign permit for the St. Regis sign
package, including temporary signs indicating that they were hiring. The sign package was
unanimously recommended by the Architectural Review Board. The Building Official and
Village Manager also recommended approval of the permit for the entire St. Regis sign
package.
Mr. Weiss explained the procedures for the quasi-judicial process. No disclosures were
made by the Council.
Those planning to speak at the hearings were sworn in by Mrs. Horvath.
Mayor Rosenfield introduced two senior students, from Michael Krop High School, in
attendance, to view the local government process.
Daniel Nieda, Building Official, discussed the signage package.
Keith Fordsman and Bill Eager, Landscape Architect, addressed the Council.
Councilman Packer questioned the location of the signs. Mr. Eager explained.
Assistant Mayor Blachar suggested that it be specified that 9703 was the hotel. Mr. Eager
explained that the Fire Department had looked at the numbers and approved them, but that
could be considered.
Mr. Nieda questioned if the temporary numbers would be replaced by the permanent
numbers. Mr. Eager advised that they would be.
Councilman Sanz requested a rendering, with all of the signs shown.
Carter McDowell, Attorney representing the St Regis - Bilzin Sumberg Baena Price &
Axelrod LLP, requested approval and agreed to add that the center building was the hotel,
if that was the consensus of the Council.
Mr. Eager explained the signs.
Councilman Packer discussed the possible problems with birds. Mr. Eager noted that was
considered. Mr. McDowell agreed and explained that it wouldn't bea problem.
Mayor Rosenfield noted that they used the same artist at other .locations. Mr. Eager
agreed.
Assistant Mayor Blachar questioned if .illumination would be used elsewhere. Mr. Eager
advised that it would be.
Councilman Sanz questioned when the front element would be completed. Mr. Eager
explained that pending approval and permitting, they expected the signage to be installed
after the hotel opened. Mr. McDowell discussed their goal to open in January.
Mayor Rosenfield requested that the blue and red pipes be covered. Mr. McDowell
Bal Harbour Village Regular Council Meeting Minutes 09/20/2011 4
explained that they were working on that.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman San to approve.
Abe Gotman, 9601 Collins Avenue, questioned their ability to build a hotel that did not
have any windows.
Mr. Eager explained that the Collins Avenue side of the hotel was the only one of four
facades that didn't have windows. Mr. McDowell explained that area did not have windows,
since the fire stairs were located there.
Councilman Packer questioned if any lighting was provided on that concrete portion of the
hotel. Mr. Eager advised that there was not, since it wasn't allowed per the turtle code. Mr.
Nieda added that they also didn't want to take away from the lighting on the Medjool
Palms.
The motion carried (4-0), with the roll call vote as follows: MayorRosenfieldyes; AssistantMavor
Blachar yes; Councilwoman Cohen absent; Councilman Packer yes; Councilman. Sanz ave.
Mr. Nieda requested approval for the additional temporary sign package, which advertised
that the St. Regis was hiring.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried (4-0).
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings:
The following Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 13 "PENSIONS AND RETIREMENT BENEFITS" ARTICLE II
"EMPLOYEE'S PENSION PLAN" OF THE VILLAGE CODE TO COMPLY WITH
THE INTERNAL REVENUE CODE BY AMENDING SECTION 13-28
"RETIREMENT DATES AND RETIREMENT BENEFITS"; SECTION 13-31
"TERMINATION OF EMPLOYMENT"; SECTION 13-35 "AMENDMENT,
TERMINATION AND DISCONTINUANCE OF PLAN"; AND SECTION 13-38
"MISCELLANEOUS PROVISIONS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion wasoffered by Councilman Packer and seconded by Councilman Sanz to approve the
Ordinance.
Mayor Rosenfield opened the public hearing.
Dina Cellini, 211 Bal Cross Drive, requested how this would change the Village's pension
plan.
Mr. Weiss explained that it didn't change the way the plan worked and the IRS regulations
required the amendment. He disclosed .that a separate plan Attorney provided the
Bat Harbour Village Regular Council Meeting Minutes 09/20/2011 .5
Ordinance for the Village.
Mr. Treppeda explained that the amendments were mandatory and spoke in favor of
approval.
There being no additional comments, Mayor Rosenfield closed the public hearing.
The motion carried (4-0), with the roll call vote as follows: Mayor Rosenfield yes; Assistant Mayor
Blachar yes; Councilwoman Cohen absent; Councilman Packer ves; Councilman Sanz ave; thus
becoming Ordinance No. 2011-555.
The following Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 5.5 "APPEARANCE CODE," ARTICLE II "APPEARANCE PLAN,"
SECTION 5.5-5 "CRITERIA FOR APPEARANCE" OF THE VILLAGE CODE OF
ORDINANCES PROVIDING FOR ROOF FINISHES CONSISTENT WITH
BUILDING ARCHITECTURE AND ALLOWING FLAT ROOFS ON SINGLE
FAMILY STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve the
Ordinance. The motion carried (4-0), with the roll call vote as follows: Mayor Rosenfield ves;
Assistant Mayor Blachar yes; Councilwoman Cohen absent; Councilman Packer ves;
Councilman Sanz aye; thus becoming Ordinance No. 2011-556.
The following Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 2 "ADMINISTRATION," CHAPTER 10 "MARINE STRUCTURES,
ACTIVITIES AND WAYS," CHAPTER 11 "NUISANCES," AND CHAPTER 12
"OFFENSES," OF THE VILLAGE CODE OF ORDINANCES TO ADDRESS
FIREARM REGULATIONS PREEMPTED BY STATE LAW; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve the Ordinance.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
Mayor Rosenfield urged the Village residents to request a revisioh to the law.
The motion carried (4-0), with the roll call vote as follows: Mayor Rosenfield ves; Assistant Mayor
Blachar yes; Councilwoman Cohen absent; Councilman Packer ves; Councilman Sanz ave; thus
becoming Ordinance No. 2011-557.
Ordinances First Reading/Public Hearings: None.
Bat Harbour Village Regular Council Meeting Minutes 09/20/2011
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Request for Approval of 4COP-S Liquor License for St.
Regis Resort & Residences (9701 Collins. Avenue: The Request was for authorization
for the Village Manager to sign the 4COP-S License application for the St. Regis Resort,
through Bal Harbour Hotel LLC, indicating compliance with the Village's Zoning Code.
Approval would allow for the sale of beer, wine, and distilled spirits for consumption on the
premises or by the package.
Carter McDowell, Attorney representing the St. Regis - Bilzin Sumberg Baena Price &
Axelrod LLP, requested approval.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve
Anamarie Kelly, 77 Camden Drive, voiced concern regarding the ONE Bal Harbour
serving liquor on the beach, which was in violationof a County ordinance. She requested
confirmation that no liquor would be served beyond the seawall.
Mr. McDowell confirmed that the application did not apply to the beach.
Assistant Mayor Blachar didn't have a problem with liquor on the beach. Mr. Weiss will look
into the issue, but clarified that the application was just for the St. Regis property, not the
beach.
The motion carried (4-0).
B. VILLAGE CLERK:
Lobbyist Registration Report: As of September 20, 2011:
A list of Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNE : No items.
D. MAYOR AND COUNCIL: No items.
SPECIAL PRESENTATIONS:
Officer of the Month for August 2011: Captain Leo Quinn
presented the Officer of the Month plaques to Officer Hector Gonzalez and Sergeant Jack
Young.
Bat Harbour Village Regular Council Meeting Minutes 09/20/2011 7
Richard Masten, Executive Director — Crime Stoppers of
Miami -Dade, Inc.: Mr. Masten presented the Council with a plaque, in appreciation of
the Village's contribution to the Crime Stoppers program. .
10. OTHER BUSINESS:
Public Comment:
Anamarie Kelly discussed the Traffic Control Jurisdiction Agreements with the
homeowners, in the gated area. She noted that the agreement was inaccurate, since the
homeowners had the use and enjoyment, but were not deeded the streets. She added that
the Civic Association did not have the authority to sign an agreement or impose liability on
the •homeowners. She requested the agreement with the County, since without it there
wasn't a right to tax or assess. She reviewed several attorney general .opinions and
explained that there had to be an agreement, for the Village to patrol in a private area. Ms.
Kelly discussed the misuse of public funds, for the benefitofprivate property. She added
that an agreement was needed for the repayment of the use of police officers.
Mrs. Horvath reported that the Village's first Clerk, Mary Wetterer, passed away on
September 16, 2011. She noted that Ms. Wetterer had served the Village for40 years and
was also one of the first Village residents. Mayor Rosenfield requested that a plaque be
placed at Village Hall, in her memory.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blachar and seconded by Councilman Sanz to adiourn. The motion carried (4-0)
and the meeting was adjourned at 7:17 p.m.
Attest:
Ellisa L. Horvath, MMC, age Clerk
Bat Harbour Village Regular Council Meeting Minutes 09/20/2011 8