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HomeMy Public PortalAbout2012-01-17 Regular MeetingBAL HARBOUR VILLAGE COUNCIL. MEETING MINUTES REGULAR MEETING - JANUARY 17, 2012 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 17, 2012, 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 Councilman Jaime M. Sanz Alfred J. Treppeda, Village Manager Ellisa L. Horvath, MMC, 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 previously done at the General Employees Retirement Board Meeting. 3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Discussion of Proposed Event at Haulover Park — Miami Dade Commissioner Sally Heyman: Commissioner Heyman explained an event request (Funkshion - fashion show/concert) for Haulover Park and reported that no permit or approval had been given yet. Mayor Rosenfield questioned the amount of people that would attend the event, which would last four days, and what would prohibit people from attending the concert that were not bused in. She requested a guarantee that the residents would not become prisoners, due to the traffic. Commissioner Heyman explained the event. She reported that she would rely on the police departments to advise whether or not they could handle the event. Councilman Packer suggested that the event be held at Tropical Park. He discussed concerns with the fire trucks being tied up in Haulover, which the Village used. Commissioner Heyman reported that the event would not interfere with the trucks at that fire station. Councilman Packer discussed concems with traffic tied up on the street. Commissioner Heyman reported that she was relying on the police to ensure that wouldn't happen. Chief Hunker voiced concern that the traffic on Collins Avenue would be gridlocked. He discussed the incidents when the same concert was held in Miami Beach. He didn't believe that people going to the concerts would only be on the buses and that people would be looking to park and walk to Haulover. He added that if the congestion was bad then it would be difficult to get residents in and out quickly. He added that the question was whether or not the Village wanted the event to be held next to it. Betsey Bystock, 80 Park Drive, questioned how people would be prevented from parking in other places and walking through Bal Harbour to Haulover, which would create trash/garbage, etc. Brian Mulheren, 10245 Collins Avenue, discussed problems with the last concert at Haulover, including its affects on police and fire services. He suggested Tropical Park or a stadium, with proper access, etc. He spoke in favor of the Council adopting a resolution against the event. Dan Holder, 24 Bal Bay Drive, discussed the misuse of a County park, if it was tumed over for a commercial engagement. He spoke in favor of the parks being for the people who lived here and paid for them. He spoke against the event and discussed problems with noise from the concert, the length of four days, and police expenses. He added that, if the event was approved, then there should be a cap on the allowed noise levels. Alan Cohen, Sunny Isles Beach City Manager, discussed past experience of a concert at Haulover, which taxed the agency and was only a one day event. He discussed the strain on the police departments and the reality of taking the officers away from their daily activities. He pointed out that three other major events would be going on in the County at the same time, which would also stretch the County's forces, causing a tax on the traffic for the municipalities surrounding Haulover. Mr. Cohen shared the same concem regarding the gridlock, as well as costs (he estimated a cost of $15,000.00 to $20,000.00 for police overtime). He noted that the promoters had advised they would pay for the overtime officers, but he requested a commitment and for the County to also commit to pay the amount, if the promoter did not. He was not comfortable with the event and spoke against it moving forward. Ralph Hertz, 10185 Collins Avenue, discussed problems during Memorial Day weekend at Haulover, with people trying to use the bathrooms and parking at their building. Assistant Mayor Blachar questioned the application process. Commissioner Heyman explained that it was a proposal and she was waiting to hear if the police approved it or not. She advised that she had concerns of her own. Assistant Mayor Blachar questioned if the Village would have any influence on what the County Commission did. Commissioner Heyman explained that the Village mattered to her and she could insert her thoughts. Assistant Mayor Blachar voiced that none of the Village residents sounded like they were in favor of the event. She discussed the problems with traffic, garbage, etc. from Memorial Day, which was only for one day. She noted that there wasn't anything positive about the event. Commissioner Heyman will share the information with the County, but explained that she didn't make the decision herself. Councilman Packer questioned who was contacted regarding the event in the County. Commissioner Heyman explained that the Parks Director was contacted, since it was a special event. She clarified that they came to her, because it was in her district, but the Parks Director, Building Department, and Police Director would make the decisions. She didn't know who else was contacted beyond that. Mayor Rosenfield questioned if the Commission had veto power over what the Park Director allowed. Commissioner Heyman explained that they wouldn't vote on it, unless it was a monetary item. Commissioner Heyman advised that she would interject her concerns. Councilman Packer suggested that the Village go to the person who was signing Bal Harbour Village Regular Council Meeting Minutes 01/17/2012 2 the permission. Mrs. Horvath read the following Resolution title: A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, URGING MIAMI-DADE COUNTY TO REJECT ANY AND ALL LARGE SCALE SPECIAL EVENT REQUESTS PLANNED FOR HAULOVER PARK; PROVIDING FOR AN EFFECTIVE DATE. A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to approve the Resolution. David Kwiat, 10185 Collins Avenue, appreciated the resolution and requested Sunny Isles, Surfside, Bay Harbor, and anyone else to also sign one. He agreed that such an event would be a public nuisance. Councilwoman Cohen thought that the resolution was too broad and absolute. She was not in favor of something that would prohibit holding anything at Haulover, since there could be room for other possibilities. The motion carried (4-1), with Councilwoman Cohen votine against approval; thus becoming Resolution No. 2012-753. Update on Beach Erosion — Brian Flynn, PERA, Miami -Dade County Department of Permitting, Environment, and Regulatory Affairs: Mr. Flynn was not in attendance, due to an emergency. Mr. Treppeda reported that a beach renourishment was expected in early 2013. He explained that letters were sent to the Village's Congressional Representatives for a band -aid in the meantime, since the beach erosion was critical. He requested that Village residents also contact their representatives with their concerns.. Councilman Packer suggested that the $1 million reserved in the Resort Tax fund for beach renourishment be used for a project and reimbursement be requested afterwards. Mayor Rosenfield suggested that the Village wait for a professional opinion from Mr. Flynn, before doing that. Neil Alter, 9801 Collins Avenue #11 U, requested clarification on why sand was trucked in for behind the ONE Bal Harbour, but not the rest of the beach. Mayor Rosenfield noted that project was almost two years ago and the Army Corps of Engineers had slated a beach renourishment project for the Village, in early 2013. Mr. Treppeda explained that the sand was placed at the north end of the beach, because everything would naturally flow to the south. He noted that they placed as much sand as they could and it was difficult to make an impact without a large scale project. He explained that a full scale project was scheduled for early 2013, which Mr. Flynn would address. Relay for Life: Sophia Leon, American Cancer Society Community Representative, discussed the Surf-Bal-Bay third annual Relay for Life, scheduled for May 2012. She requested support from the community. Information was available through Officer Orr. Assistant Mayor Blachar requested that the event be placed on the Village's Information Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 3 Channel. Officer of the Month for December: Chief Hunker presented Officer Orr with the Officer of the Month plaque, for December 2011.Officer Orr thanked the Chief. 5. CONSENT AGENDA: Dina Cellini, 211 Bal Cross Drive, requested that Tab D and Tab E be removed. Neil Alter, 9801 Collins Avenue, requested that Tab C, Tab F, and Tab G be removed. Councilwoman Cohen requested that Tab J be removed. Approval was requested for the following remaining items: Tab B: Approval of December 15, 2011 Regular Council Meeting Minutes Tab H: $3,136.66 plus shipping of approximately $200.00 in Water/Sewer funds, to purchase a sewer snake and fittings from Rodders and Jets Supply Company, which was the only bid received Tab I: Execution of 36-month Lease Agreements with Toshiba Business Solutions for copy machines in Village Hall ($373.53 monthly) and Police ($156.82 monthly) Administration areas Tab K: Appointment of Jorge D. Mantilla as a member of the Architectural Review Board, for a term of two years Tab L: $7,978.28 in Water/Sewer funds for the 187 Bal Cross Drive Sanitary Sewer Lateral Repairs by Kailas Contractors A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve the items on the Consent Agenda, except for Tabs C, D. E, F, G, and J. The motion carried (5-0). Tab C — Motion Approving Expenditure of Police Forfeiture Funds: The request was for approval of Police Federal Forfeiture funds for the following items: $14,933.47 for presentation equipment for Village meeting room, $20,000.00 for Police dog and related training and equipment, and $2,170.00 for Kustom Signals smart trailer statistics computer retrofit kit. Neil Alter, 9801 Collins Avenue, requested the amount and purpose of the expenditures. Mr. Weiss provided Mr. Alter with the memo from the Council agenda. Mr. Treppeda reported that all of the agenda item details were provided online. Assistant Mayor Blachar questioned how often the police dog was used. Chief Hunker explained that the dog was used all the time. He reported that the Department was in the process of phasing out the current dog and a new Officer would be replacing Officer Fruchey, as the K-9 Officer. Councilwoman Cohen questioned where the current dog would be retired to. Chief Hunker explained that Officer Fruchey would take him. A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 4 C. The motion carried (5-0). Tab D — Motion Approving Expenditure of Police Budgeted Funds: The request was for approval of $7,500.00, to co -host the Dade Chiefs of Police Annual Dinner, at the Sea View hotel. Dina Cellini, 211 Bal Cross Drive, questioned if the cost was shared equally by the municipalities listed. Chief Hunker advised that it was, but he didn't know if the full amount of $7,500.00 would be used. A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to approve Tab D. The motion carried (5-0). Tab E — Motion Approving First Amendment to ATSC Hosting Agreement to Include FBI Criminal Justice Information Services Security Addendum: The request was for approval of the First Amendment to the Hosting Agreement with ATSC, for incorporation of the FBI Criminal Justice Information Services Security Addendum. Dina Cellini, 211 Bal Cross Drive, questioned if the Village would get an influx of law enforcement personnel in the community and if there would be a cost to the Village for hosting it, beyond the benefit that it would receive (licenses). Chief Hunker explained that all of the laptops and computer services provided by this would allow for criminal checks on stops by the officers. Captain Michael Daddario explained that the agreementwas needed to be able to do that. Chief Hunker reported that each license was $2,000.00 (times 23 licenses for the Village), but the Village would receive the licenses for free for hosting it. He clarified that there was no budget outlay and it would save money. Captain Daddario explained that the Village just provided space in the server room and access for them. A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab E. The motion carried (5-0). Tab F — Motion Approving Expenditure of Resort Tax Funds: The request was for approval of Resort Tax Funds, for the following items: $6,000.00 for Art Night Exhibition, $2,000.00 for MOCA Leadership Circle, and $500.00 for Young Arts Foundation/Young Patron's Host Committee. Neil Alter, 9801 Collins Avenue, questioned if the Village's landscaping costs were paid with resort tax funds. Mr. Treppeda advised that they were. A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab F. Mayor. Rosenfield reported that Councilman Packer had suggested at the last Resort Tax meeting that a bus be used once a week for people that may have appointments at Mt. Sinai Hospital, on the way to Lincoln Road. She explained that the Village was working with the City of Sunny Isles Beach on a schedule, since they already provided such a service, which would then be done as an experiment. Assistant Mayor Blachar thought that was a great idea. Mayor Rosenfield and Assistant Mayor Blachar thanked Councilman Packer for the suggestion. Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 5 The motion carried (5-0). Tab G — Motion Authorizing Execution of a Subrecipient Agreement with the South Florida Regional Transportation Authority to Identify the Terms for Distribution of the Bus Shelter Grant Funds: The request was for approval of execution of the Subrecipient Agreement with South Florida Regional Transportation Authority, to handle the distribution of funds for the bus shelter project. Neil Alter, 9801 Collins Avenue, requested information. Mr. Treppeda explained that the item was for approval of the final agreement for the bus shelters. He explained that the Village would then advertise for bids to be received. He reported that $250,000.00 in grant money would be received and that the St. Regis had provided a $50,000.00 check for their bus shelter (they would pay more if the shelter was more). Mr. Alter questioned the cost estimate for the shelters. Mr. Treppeda didn't know, but noted that it could exceed the grant amount and then they would look at using resort tax funds. Mr. Alter questioned the estimated time for completion. Mr. Treppeda didn't know. Mr. Treppeda reported that Stanley Whitman, Bal Harbour Shops, had requested that the current shelters be kept at Collins Avenue and 96th Street, in front of the Shops. He added that Mr. Whitman offered to replace them with the same style, if approved by the Council. A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab G. The motion carried (5-0). Tab J — Motion Approving Re-Appointment/Appointment of Resort Tax Committee Members: The request was for consideration of the re- appointment of Gilberto Garcia-Tunon, Bruce Gelb, Michael M. Krop, Sandra S. Lansing, Richard Lodes, and Mayor Rosenfield, as members of the Resort Tax Committee. A replacement for John Manrique will be submitted for Council consideration, once a name is submitted by the St. Regis Bal Harbour. Councilwoman Cohen requested clarification on how residents were sought for the Committee and questioned if it was publicized. She spoke in favor of having new members for new ideas, etc. Mayor Rosenfield agreed and suggested that the Resort Tax Committee come up with a method to advertise for the positions next year. Councilman Packer agreed that the Committee could suggest a process, to solicit members in the future. A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab J. The motion carried (5-0). Tab K — Motion Approving Appointment of Member to the Architectural Review Board: This item was approved as part of the Consent Agenda motion, but was discussed by the Council at this time. Dan Nieda, Building Official, reviewed Mr. Mantilla's resume and recommended approval. Mayor Rosenfield reported that the St. Regis would have its formal opening on January 19, 2012. Councilwoman Cohen spoke in favor of Mr. Mantilla volunteering for the Board, but Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 6 questioned why Jaime Schapiro had been asked to resign from the Board. Mr. Nieda explained that Mr. Schapiro had clients in the Village and, due to that, there was a conflict of interest with him serving on the Board, so he had to resign. He added that the Village Attorneys checked with the Ethics Commission which advised that Mr. Schapiro had to resign, if he was representing clients in the Village. Councilwoman Cohen clarified that none of the Architects on the Board could work in the Village. Mr. Weiss agreed and explained that was how the Ethics Commission had advised that the Village should operate. Councilwoman Cohen spoke against that and spoke on the assets of Mr. Schapiro. Mr. Nieda reported that Mr. Schapiro could serve again in two years, if he didn't have any clients in the Village. Brian Mulheren, 10245 Collins Avenue, agreed that Mr. Schapiro served very well on the Board and thought that an official written opinion should have been requested from the Ethics Commission. Mr. Weiss explained that advice was received from the Ethics Commission and Robert Meyers, former Executive Director of the Ethics Commission, now worked for the firm. Mr. Mulheren suggested that the Council request a written opinion from the Ethics Commission, regarding the issue. Councilman Packer pointed out that the Council had already appointed someone else to fill the position, but suggested that an appreciation letter be sent to Mr. Schapiro from the Council. It was the consensus of the Council to send Mr. Schapiro a plaque, in appreciation of his service on the Architectural Review Board. 6. PUBLIC HEARINGS: Quasi -Judicial Public Hearings: None. Zoning Hearings/Quasi-Judicial Public Hearings: None. Ordinances Second Reading/Public Hearings: None. Ordinances First Reading/Public Hearings: None. Resolutions/Public Hearings: None. 7. ORDINANCES FIRST READING/PUBLIC INPUT: None. 8. RESOLUTIONS: None. 9. REPORTS: A. VILLAGE MANAGER: Mayor Rosenfield reported that Mr. Whitman had asked that two of the shelters at the Shops be kept the same style as the existing, which he would pay to replace or refurbish in the same style. Mr. Treppeda clarified that the shelters were located on 96th Street and Collins Avenue. Councilwoman Cohen suggested that the prototype of the design selected Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 7 by the Council be looked at first and then the Council could decide on those shelters. Quarterly Financial Update — Provided by Finance Director Christopher Wallace: Chris Wallace. reviewed the report provided in the agenda. He noted that an eye would be kept on the red light camera revenue, which had decreased slightly. Dina Cellini, 211 Bal Cross Drive, requested clarification that collection of the actual resort tax revenue from the St. Regis would begin in January and the contribution from the Development Agreement would end then. Mayor Rosenfield agreed. Ms. Cellini questioned if the Village would received ad valorem property taxes during the current fiscal yearforthe St. Regis. Mr. Wallace explained that the Developer was required to pay property taxes, based on the value of the property when it was tom down. He reported that the new property should be on the tax rolls for fiscal year 2013, which should provide a large increase in the property tax base. He reported that he would not have an estimate until June 1, 2012. Ms. Cellini questioned if the Developer was contributing this fiscal year to the property taxes. Mr. Wallace advised that they were, based on the value of the prior property, with the new development coming on in fiscal year 2013. Neil Alter, 9801 Collins Avenue, questioned the amount of the property tax revenue, once all of the St. Regis condominiums were sold. Councilwoman Cohen left the meeting. Mr. Wallace explained that had not been estimated yet, but it would be substantial. He added that he should have a tentative idea in March/April, with an actual estimate June 1st. Brian Mulheren, 10245 Collins Avenue, reported that the ONE Bal Harbour was in receivership and questioned what the Village was receiving from them. He also noted that the Quarzo hadn't paid their resort tax revenue. Councilwoman Cohen returned to the meeting. Carolyn Travis, Director of Tourism Marketing, reported that resort tax revenue had increased 35% from the prior year, not including the St. Regis or new properties (Quarzo and new restaurants). She explained that due to the law, information could not be given on individual properties. Mr. Mulheren questioned if the Quarzo had paid their resort tax money. Ms. Travis advised that they did. Mr. Mulheren questioned the occupancy at the Quarzo. Ms. Travis didn't know offhand. B. VILLAGE CLERK: Lobbyist Registration Report: As of January 17, 2012: The list of lobbyists registered with the Village was provided in the agenda. Selection of Regular Council Meeting Times for Calendar Year 2012: The Council considered times for the 2012 Council Meeting schedule. Mayor Rosenfield discussed alternating the meeting times. Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 8 A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar for the meetings to be held at 7:00 p.m., with exceptions that could be made by the Council. Neil Alter, 9801 Collins Avenue, spoke in favor of keeping the time at 7:00 p.m. and thought that alternating the times would create confusion. Brian Mulheren, 10245 Collins Avenue, spoke in favor of a 7:00 p.m. meeting time and, if there was an exception, it could be changed. Richard Lodes, Bal Harbour Shops General Manager, thought that the current time was difficult for the business community and suggested a 4:00 p.m. meeting time. Neca Logan, 64 Camden Drive, reported that most municipalities had their meetings at night and suggested a 6:00 p.m. meeting time. She pointed out that business people would come to the meetings, if there was an issue applicable to them. Ralph Hertz, 10185 Collins Avenue, spoke in favor of night meetings. Don Orner, Carlton Terrace, spoke in favor of night meetings. Councilman Packer spoke in favor of 7:00 p.m. meetings. In response to requests from some senior citizens, he suggested that the February meeting be held at 9:00 a.m. Mayor Rosenfield reported that until three years ago the Council met at 9:00 a.m. She clarified that she could accommodate any schedule. She suggested that the meeting. times be alternated, in response to the senior and business people, and clarified that the Council calendar was published one year in advance. Councilman Sanz spoke against altemating the times. Lynne Bloch -Mullen, 10150 Collins Avenue, spoke in favor of 7:00 p.m. meetings. Councilwoman Cohen noted that the Council already had the ability to change the meetings, if needed. She hadn't received any requests from residents that the meetings be changed to 9:00 a.m. A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to amend the motion to remove the clause that exceptions could be made since the Council already had that authority. The motion carried (5-0). The original motion, as amended, carried (5-0). C. VILLAGE ATTORNEY: No items. D. MAYOR AND COUNCIL: Councilman Packer commented on the success of the Park's Snow Festival. Assistant Mayor Blachar questioned if there was better attendance on Sunday this year, compared to Saturdays in prior years. Michael O'Quinn, Park Director, advised that there was. Discussion of Bus Shelters — Councilman Packer: This item was previously discussed. Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 9 Discussion of Tourism Bus — Councilman Packer: Carolyn Travis, Director of Tourism Marketing, explained the tourism bus as a value-added amenity. She reported that the bus had 614 riders in December and explained that it wouldn't have as many riders as the community bus, because it didn't run as many hours. She explained that the properties used the bus as a value-added item for their product. She discussed plans to enhance promotion of the bus. Councilwoman Cohen requested clarification on how the ridership was tallied. Ms. Travis explained the process recorded by the bus driver. Councilwoman Cohen pointed out that it may not be 614 different people, since that person could get on/off the bus multiple times. Ms. Travis agreed, but noted that most tourists did not take the bus both ways. Councilman Sanz discussed the great advertisement for the Village that was also provided on the outside of the bus. Brian Mulheren, 10245 Collins Avenue, reported that the tourism bus cost $90,000.00 annually to run and he didn't see the ridership to justify the money to operate it. He suggested that an independent audit be done on the expenditure of resort tax funds. Mayor Rosenfield reported that the Resort Tax Committee would continue to review the tourism bus, but explained that there was a consensus to continue the bus. She added that in time it would produce a return on the investment. Assistant Mayor Blachar reported that the next Gated Residential Section Advisory Committee meetings were scheduled for January 25th at 7:00 p.m. and February 28th at 7:00 p.m. She reported that repaving of the roads would be discussed, which would cost additional assessment money. 1 O. OTHER BUSINESS: Public Comment: Mia Fabius, 10178 Collins Avenue, requested clarification on the comments by Stanley Whitman concerning the bus shelters. Councilman Packer clarified that Mr. Whitman had requested that the two bus shelters in front of the Shops stay the same, at his expense. He thinks that once Mr. Whitman saw how beautiful the selected shelters were then he would also want them. He added that there would eventually be work done on the Shops, so any new shelters installed now may have to be removed. He suggested that the other shelters be installed first, due to that. Councilwoman Cohen noted that the idea was previously entertained that some of the shelters would be smaller and the amount was not determined. Councilman Packer reported that was already voted on. Councilwoman Cohen suggested that a prototype be provided before moving forward. She explained that Mr. Whitman didn't want the new shelters, because he didn't like the design. Mr. Treppeda clarified that the only difference since the vote was that Mr. Whitman had offered to pay for those two shelters with the same style, which would save the Village money. Ms. Fabius pointed out that if Mr. Whitman paid for those shelters then they would not match the other shelters. Mayor Rosenfield clarified that the shelters at the Shops were on a public right-of-way and were not owned by Mr. Whitman. She clarified that Mr. Whitman was not paying for the Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 10 new shelters and would only pay if the Village allowed him to keep the current shelter design. Beth Berkowitz, 10160 Collins Avenue, spoke in favor of all of the bus shelters being the same, based on the requirement that all of the condominium signs had to be the same. She thought that was part of what made Bal Harbour special and uncluttered. 11. ADJOURN: There being no further business, a motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to adjourn. The motion carried (5- 0) and the meeting was adjourned at 9:16 p.m. Attest: Ellisa L. Horvath,, Village Clerk Bat Harbour Village Regular Council Meeting Minutes 01/17/2012 ' 11