HomeMy Public PortalAbout2012-02-21 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - FEBRUARY 21, 2012
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 21,
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 7:05
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 led by Town of Surfside
Vice Mayor Joe Graubart.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS:
Mr. Weiss requested an Executive Session for the red light camera traffic litigation (Sean
P. Blesi f/k/a Kaminsky vs. Village of Bal Harbour).
Mayor Rosenfield requested the addition of a presentation from Miami -Dade County
Commissioner Sally Heyman. It was the consensus ofthe Council to add the presentation to the
agenda
4. SPECIAL PRESENTATIONS:
• Update on Beach Erosion — Brian Flynn, PERA Miami -Dade County
Department of Permitting, Environment and Regulatory Affairs: This item was
discussed later, since Mr. Flynn was not at the meeting.
Recognition for Outstanding Citizenship: This item was discussed later,
since the recipient was not at the meeting.
Officer of the Year for 2011: Chief Hunker presented Detective Gonzalez
with the Officer of the Year plaque, for 2011.
Presentation by Miami -Dade Commissioner Sally Heyman: Commissioner
Heyman discussed the resolution passed by the Village, discouraging the Funksion event
at Haulover, and reported that the County denied the request for the event.
Commissioner Heyman: discussed the use of a Segway as a crime prevention tool, with
high visibility for the police. She presented the Village with a new Segway and displayed
the new aspects of the 2012 model. Mayor Rosenfield and the Councilmembers thanked
Commissioner Heyman for the new Segway.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to accept
the donation of the SeRwav for the Village. The motion carried (5-0).
5. CONSENT AGENDA: Approval was requested for the following items:
Tab C: January 1.7, 2012 Regular Council Meeting Minutes
Tab D: Expenditure of Police Forfeiture Funds as follows:
Federal Funds:
$2,995.54 Police Dive Equipment
$2,866.50 Expenses for Honor Guard Travel• to
Washington D.C. Police Memorial
$22,500.00 Pay Off for 2008 Ford F-250 Crew Cab
Police Truck
State Funds: $10,000.00 Donation to Relay for Life/American Cancer
Society
Tab E: Expenditure of Resort Tax Funds, as recommended by the. Resort Tax
Committee:
$4,100.00 Luxury Summit American Express Publishing Event
$15,000.00 Argentina Sales/Media Trip in March 2012
$64,000.00 Bal Harbour Public Arts Program
Tab F: Expenditure of Gated Residential Section Funds, as follows:
Recommended by the Committee:
$6,480.00 TEM Systems Annual Maintenance Agreement Renewal
Time Sensitive Items not reviewed by the Committee:
$3,612.50 Replenish Supplies of eGO Passes
$3,231.00 Air Conditioning for the Guard House
Tab G: Expenditure of$57,500.00 in Resort Tax Funds for the application and
permit fees due to PERA (Miami -Dade County Permitting, Environment, and
Regulatory Affairs) for the Sand Transfer Station Project
Tab H: Final Change Order Credit of $228,787.36 for the Collins Avenue Sanitary
Force Main Improvements Project
Tab I: Appointment of Brian Dye, St. Regis Bal Harbour, as a Member of the Resort
Tax Committee
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
Ba1 Harbour Village Regular Council Meeting Minutes 02/21/2012 2
the items on the Consent Agenda. The motion carried (5-0).
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: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA (IBE "VILLAGE") APPROVING A LAND EXCHANGE AGREEMENT
(1k1J "AGREEMENT") GOVERNING THE TRANSFER OF REAL PROPERTY
OWNED BY THE VILLAGE IN EXCHANGE FOR REAL PROPERTY OWNED BY
FLAMINGO WAY ENTERPRISES, LLC, A FLORIDA LIMITED LIABILITY
COMPANY ("FLAMINGO"), AND AUTHORIZING THE VILLAGE MANAGER
AND VILLAGE . ATTORNEY TO TAKE ALL ACTION AND EXECUTE ALL
DOCUMENTS NECESSARY TO ENTER INTO THE AGREEMENT; AND
PROVIDING. FOR AN EtFECTIVE DATE.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve
Gail Hart 90 Park Drive, questioned the address for the property and the proposal.
Eduardo Calil, Architect for the Project, discussed the proposal to exchange property
(2600 square feet would be given to the Village and 1700 square feet would be given to Mr.
I mbesi). He explained that the exchange involved land that was never used by the Village,
with a benefit for the Village to receive a private entrance to its pump station. He explained
that the Village was currently using Mr. lmbesi's private property to access the pump
station. He discussed plans to extend the existing Ficus hedge along the edge of the.
property line, as well as to add Royal Palms, along Bal Bay Drive. He explained that if the
exchange was not approved, then the Village would need to move the entrance for the
pump station to Bal Bay Drive. Mr. Calil pointed out benefits to the entire neighborhood
through beautification. He.clarified that a single family residence was proposed for the area
at 200 Bal Bay Drive.
Dan Holder, .24 Bal Bay Drive, suggested that a better exchange would be for the Village
to receive a piece of property along the bay, to have a small park and enable the residents
to walk to the seawall. He requested that theitem be denied and a better exchange be
negotiated.
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012
Anamarie Kelly Stoppa, 77 Camden Drive, spoke in favor of approval. She questioned if
anyone could have access to the gated area, since the Village had property behind the
gates that was public property.
Dina Cellini, 211 Bal Cross Drive, voiced concern of the ease for the Village, with three
votes from the Council, to sell, swap, or exchange public property, without any input from
the residents other than at the meeting. She questioned if the procedure followed was
under the Village Code, Village Charter, or by County Ordinance. Mr. Weiss explained that
it was. under general law. Ms. Cellini questioned if it was subject to change by referendum.
Mr. Weiss advised that it was.
Ms. Cellini questioned who would maintain and be responsible for the liability of the Royal
Palms. She didn't want the Security District residents to be responsible for them and
wanted to know that the Villagewould be taking care of them. Mr. Weiss noted that the
area was private and the roads were private roads. Ms. Cellini requested that be taken into
consideration. She pointed out that Assistant Mayor Blachar was in charge of the
Residential Advisory Committee and it wasn't appropriate for her to make decisions now
that would affect the residents' pocketbooks.
Joseph lmbesi, 200 Bal Bay Drive, clarified that the property where the Village'spump
station gate and some of the property inside the gate belonged to him. He explained that
mistakes were made when the pump station was laid out and the wall was put in the wrong
place by the Village. He clarified that the pump station fence and gate were put on his
property by mistake. He explained that the proposal would correct that mistake, would give
the Village private access to its pump station, and beautify the area. Mr. lmbesi noted that
if the proposal wasn't approved, then the pump station gate would have to be moved to Bal
Bay Drive, which would be difficult for large trucks to tum into. He noted that the Royal
Palms did not need to be installed, if there was a problem. He explained that he needed
the property and he had proposed several items in exchange for it.
Michael Krop, 9601 Collins Avenue, suggested that a committee of realtors or people
with expertise, etc. review the item, instead of the decision being left up to three
Councilmembers, after a short meeting. He questioned if there was a method to be
followed to buy or sell Village property. He was disturbed with the process.
Mr. Weiss reported that the process was legal and the documents were drafted properly,
but it was not within his scope to tell the Council whetheror not it was smart or was a good
deal.
Stuart Sobel, 271 Bal Cross Drive, spoke in favor of approval, but questioned if it was
permissible for the Village, as part of the deal, to agree to maintain the landscaping on that
property. Mr. Weiss advised that it was and explained that the property would be owned by
the Village, so it could agree to maintain that landscaping.
Mayor Rosenfield questioned if the maintenance portion needed to be included in the
Resolution. Mr. Weiss explained that Mr. Imbesi would not be involved in the maintenance
of that property, so it would be up to the Village on how it would be maintained. He clarified
that if the Village had property in the gated area that it owned then the Village would be
responsible for the maintenance of that property.
David Geula, 10175 Collins Avenue, questioned what would be done with the property, if
the transfer was approved. Mr. Treppeda explained that Mr. lmbesi wanted to build the
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 4
house that was displayed, which would be within the Village's Zoning Code.
Brian Mulheren, 10245 Collins Avenue, questioned who requested that the resolution be
placed on the agenda and the value of the land that was being given versus the land that
was being received. He pointed out that the residents didn't know about it. He spoke
against three Councilpeople being allowed to make a decision, until it was researched and
discussed. He suggested that a committee or an outside consultant that knew real estate,
etc. be involved and make recommendations.
Mayor Rosenfield explained that the house would need to go before the Architectural.
Review Board for approval first and would need to meet the Zoning Code. She explained
that items were brought to the Council and the Village Manager. She clarified "that this item
was presented to the Village Manager and the item was examined by other staff members,
who decided that it should come before the Council for consideration. Mr. Treppeda agreed
that the request came through the Building Department. He clarified that he wouldn't bring
an item to the Council, if he didn't think it was something to consider. He explained that Mr.
Imbesi owned the property up to the pump station gate, so the Village could be prohibited
from entering the station and the gate would have to be moved to Bal Bay Drive. He added
that there was also a drainage line that had collapsed and Mr. lmbesi would give an
easement that the Village didn't currently have and the cost associated with replacing the
drainage line. He added that the property that would be traded by the Village was outside
the pump station wall and the Village didn't have any use for it.
Mayor Rosenfield discussed the Council procedure to review items with the Village
Manager.
Councilman Packer reported that he visited the site with Mr. Treppeda and Mr. Nieda. He
clarified that part of the pump station was on Mr. lmbesi's property. He didn't see a
problem with the exchange.
Mayor Rosenfield noted that she had also seen the site.
Councilwoman Cohen noted that she wasn't able to access the site drawings on the
agenda, so she didn't fully understand the proposal. She would like to visit the site and
understand the proposal before voting on it. Assistant Mayor Blachar agreed with
Councilwoman Cohen. She noted that although she thought that it was a great idea, it
sounded beneficial, and the Village would maintain the Palms, she would like to view the
site. She added that since the address wasn't listed on the item residents living in the
vicinity may not know that it was happening. She suggested that the item be deferred to the
next meeting and notices be sent out to the surrounding properties (five homes in either
direction) to advise them of the proposal. She requested that the address of the property
be stated on the agenda.
No vote wastaken on the orkinat motion.
A motion was offered by Councilwoman Cohen and seconded •bvAssistant Mayor Blachar to defer
the item until the March Council Meeting: The motion carried (5-0).
9. REPORTS:
Recognition for Outstanding Citizenship: Chief Hunker presented Larry
Ba1 Harbour Village Regular Council Meeting Minutes 02/21/2012 5
Feder with a plaque, in recognition of outstanding citizenship. Mr. Feder addressed the
Council.
VILLAGE MANAGER:
Report on Resort Tax Return on Investment for 2011—
Carolyn Travis, Director of Tourism Marketing: Ms. Travis discussed the investment
in public relation campaigns in the United States, Brazil, and Argentina, which had
increased revenue by 30%. She explained that the public relation value was three times
the amount of an ad value. She reported an ad value of $3 million, with a public relations
value of $9 million. She explained that the Village spent $129,000, with a produced ad
value of over $3 million and public relations value of over $9 million.
Ms. Travis displayed the Bal Harbour Guide. Assistant Mayor Blachar reported that the
Guide would be in the New York Times and would also be translated in different
languages.
Report/Recommendation on Results of Solid Waste Bids:
Mr. Treppeda explained that two bids were received, in response to the Request for
Proposals, with Choice Environmental being the low bidder ($613,773.00 annually).
Marc Wexler, Village Consultant - Pro Resource, reported that he reviewed the bids with
Mr. Wallace and the Village Attorney. He explained that the price would be locked in for
five years, for a savings of $1,387,332.00 over the five years.
Mr. Treppeda reviewed the benefits.
Mr. Wallace reviewed a Powerpoint presentation.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the recommendation.
Michael Krop, 9601 Collins Avenue, questioned if the services were the same. Mr.
Treppeda advised that they were.
Grant Smith, General Counsel for Choice Environmental, discussed the company,
which looked forward to providing services for the Village. He introduced the supervisory
team and noted that a garbage truck was parked outside for viewing.
Assistant Mayor Blachar questioned if certain employees would be assigned to the
neighborhood. Mr. Smith advised that they would and explained that they would also
interview the Village's employees to compete for the- jobs, because consistency was
important to them. He reported that they conducted extensive background checks and also
checked driver's licenses monthly:
Tim Bowers, Governmental Affairs Manager - Waste Pro Florida, Inc., reviewed the
services provided by Waste Pro, which also provided a bid•. He reported that the annual
difference was only $38.00 and questioned why Choice Environmental had been chosen
over them, since the amounts were so close. He suggested that the decision be based on
services, not just price, and also suggested that the Village meet with both companies to
negotiate better items.
Bal Harbour Village Regular Council Meeting Minutes 02/21/2012 6
Frank Simone, Attorney for the Village, explained the request was for bids. He explained
that the company with the lowest price would be awarded the bid, as long as all of the
items were met with. He clarified that was the criteria for the Village and the proposal was
very clear.
Mayor Rosenfield clarified that it was very clear that the Village was to select the lowest
bidder, if it chose to outsource services.
Brian Mulheren, 10245 Collins Avenue, questioned the need for a seven-day pick up, at
the buildings, and suggested that be looked at and possibly adjusted down the road for
further cost reduction. Mr. Treppeda explained that reduction was contemplated in the
request for proposals. Mr. Wexler explained that it was bid the current way the Village was
providing services,but there was an alternate bid to reduce frequency or to provide
compactors, so that would be an option.
Dina Cellini, 211 Bal Cross Drive, discussed whether or not there was a. need for
outsourcing and discussed the special Public Works employees who currently provided the
service and residents were familiar with. She pointed out that the Village had already let
four Public Works employees go and this would eliminate an additional three employees.
Ms. Cellini thought that outsourcing would affect the residents in the Security District and
suggested that the Village reach out to that area to see if they wanted to outsource, at the
minimal savings of $800 over five years. She suggested that Assistant Mayor Blachar
should have reported on the possibility of outsourcing at the Gated Residential Section
Advisory Committee (RAC) meetings. She noted that the residents that she had spoken to
did not want to change to outsourcing. She suggested that the Council wait on making a
decision and send notices out to the gated area residents.
Mayor Rosenfield clarified that the issue had been discussed at other meetings, before it
went out to bid.
Stuart Sobel, 271 Bal Cross Drive and RAC member, explained the history of the gated
area. Hereported that the cost of the Village providing the service being more than the cost
to outsource was previously discussed. He discussed the dramatic increase in the gated
area assessments. He explained that it placed the RAC and Council in an impossible
position to keep the employees, while also keeping the prices down.
Anamarie Kelly Stoppa, 77 Camden Drive, discussed the idea to move Village Hall to the
waterfront, instead of the garbage trucks. She suggested that the real plan behind
outsourcing was to move Village Hall to the water. She would like to know if the intention
was to keep Village Hall and not move it to the water or for Mr. Whitman to take the Village
Hall property.
Councilman Packer reported that since the Village's. populationchanged in season/out of
season, then the oceanfront properties may not need pick up seven days a week. He
questioned if anything was provided in the contract for that to be re -negotiated, for a
savings. Mr. Wexler advised. that an alternative service was built into thecontract that
would allow the Village to work with the Contractor, to reduce services and save money. He
discussed conducting an assessment for each building. Councilman Packer questioned if
the contract could be re -opened. Mr. Wexler reported that the contract could be changed to
have that wording and explained that the figures had already been provided for altemate
services. Councilman Packer questioned if that would be done via Council request or
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 7
automatically. Mr. Smith reported that a sample agreement had been provided for the
Village Attorney to review. Councilman Packer clarified that the Council was voting on
accepting the bid, with the final details of the contract to be negotiated. Mr. Smith agreed
that the Attorney for the Village would do that.
Mr. Wallace explained that services would be compared to the existing, which could be
changed by the Village in the future.
Councilwoman Cohen reported that she was not informed of any ulterior motives. She
spoke in favor of removing the garbage trucks from the waterfront and suggested that the
Village could possibly do something for the community on its own. She spoke in favor of
approval. She didn't know why Ms. Stoppa would cast negativity on it.
Assistant Mayor Blachar discussed the importance of the service staying the same and the
Company looking at hiring the Village employees. Mr. Wexler confirmed that the service
would be the same as the current service. He clarified that Village staff would still collect
garbage along the beach and at the bus stops. He noted that an alternative collection
service was added, for compacted and non -compacted service. Assistant Mayor Blachar
questionedif the cost would change in five years, if there were more homes or more multi-
family units. Mr. Wexler explained that pricing was by unit and that cost would be passed
on to that unit. He added that the alternate plan would be by cubic yard, not by unit, and
would be assessed to a building. Assistant Mayor Blachar (RAC Chair) concurred with Mr.
Sobel that the gated area residents were angry that the assessments had been increased,
so any savings was important. She agreed that in addition to saving money, it didn't make
sense to have the garbage trucks on the waterfront.
Mayor Rosenfield explained that the process to consider outsourcing hadbegun when the
budget was finished. She noted that this was in preparation for the next budget.
Assistant Mayor Blachar clarified that the motion was to award the bid for solid waste and
recycling services to Choice Environmental the low bidder, and authorize the Village Manager
and Village Attorney (or designee) to formulate and execute a contract between the Village and
Choice Environmental in conformance with the bid specifications. Authorize the Village Manager
to enter into severance agreements with up to three public works employees with the same terms
as the prior severance agreements for public works employees; and to authorize the Village
Manager to dispose of garbage trucks, a recycling truck and any other solid waste related surplus
equipment through a competitive process such as eBav, trucks.com, trucktrader.com, or similar
site of wide circulation. The motion carried (5-0).
B. VILLAGE CLERK:
Lobbyist Registration Report: As of February 21, 2012:
The list of lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY: No items.
D. MAYOR AND. COUNCIL:
Discussion of Repaving of the Streets in the Gated Area —
Assistant Mayor Blachar: Assistant Mayor Blachar notified the Council that the streets
needed to be repaved inside the gated area.
Dal Harbour Village Regular Council Meeting Minutes 02/21/2012 8
Councilwoman Cohen left the meeting.
Assistant Mayor Blachar wanted to mention the item, since it would cost the gated
residents an additional assessment, to be determined. She requested comments from the
public.
Daniel Holder, 24 Bal Bay Drive, discussed the importance of coordinating the repaving,
with other work being done in the area. He suggested that the Village would be responsible
for the drainage and the curbs, as it has in the past.
Assistant Mayor Blachar questioned if the Village would pay for the curbs. Mr. Weiss
explained that the opinion was that since the stormwater drainage system was owned by
the Village the Village was authorized to use Village funds to repair those, but that the
Village may decide not to do that. He noted that when the issue came up then the Council
would have the authority to make a decision on it. Assistant Mayor Blachar questioned if
the Committee could know beforehand whether or not the Village would pay for that. Mr.
Weiss advised that she could ask that it be discussed. Assistant Mayor Blachar requested
discussion on the issue. Councilman Packer suggested that it first be discussed by the
Gated Residential Advisory Committee (RAC) and then brought to the Council.
Councilwoman Cohen returned to the meeting.
Assistant Mayor Blachar clarified that the RAC had discussed the issue, but didn't know if
the Village would pay for the curbs, etc. Mayor Rosenfield preferred to have additional
information on the item before voting on the issue. Councilman Packer also suggested that
more gated area residents participate in the discussion at the Council meeting.
Stuart Sobel, 271 Bal Cross Drive, reported that . it was discussed at the last RAC
meeting, where .several Councilmembers were in attendance. He noted that a rough
estimate of the cost was discussed and Ms. Cellini had reported that the Village had paid
for the curbs the last time they were replaced. He discussed the importance of the
Committee knowing if that precedence would be followed, since the replacement of the
curbs were approximately 45% of the cost of the repaving. He requested guidance from
the Council on .how they would respond to the RAC recommendation, conditioned on the
Council agreeing that the Village would pay for the curbs to help with their deliberations.
Mayor Rosenfield questioned if an engineer report advised that it had to be done now. Mr.
Sobel didn't know of an engineer report discussing a need, but that there was one
regarding the cost. Mayor Rosenfield didn't know what the need was explained that would
be a question for the budget process.
Councilman Packer questioned if the repaving of the streets in that area was the
responsibility of the gated residents. Mr. Weiss advised that it was. He explained that he
didn't know if the curb and gutter had to be done at the same time that the streets were
repaved: Mr. Treppeda will look into that. Councilman Packer reported that he has seen
streets repaved, without the curbs and gutters being done. Mr. Sobel clarified that was
when the streets were resealed, which was different.
Mr. Sobel understood the Mayor's request that it be part of the budget process, but he
wanted the RAC to provide a recommendation in sufficient time so that the Council had the
information it needed to consider it as part of the budget cycle. He discussed the need for
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 9
the repaving. He thought that the curbs needed to be done at the same time that the
streets were done.
Gail Hart, 90 Park Drive, suggested that the streets be resealed. Mr. Treppeda reported
that the streets were beyond that point.
Dan Holder, 24 Bal Bay Drive and RAC member, explained that it had been determined
that the streets needed to be resurfaced, but no decision had been made of when it would
be done. He discussed the importance of coordinating the repaving, after work had been
completed in the area. He explained that they needed to know if the Village would pay for
the curbs/gutters, so they would know what kind of loans would need to be considered.
Anamarie Kelly, 77 Camden Drive, suggested cooperation • from the Village. She
suggested that the residents be billed according to their street frontage and the Village
replace the curbs, if they were damaged by the sewer project.
Dina Cellinl, 211.Ba/ Cross Drive, discussed the increased burden to the individual
residents, if the streets were repaved, and noted that she hadn't heard an outcry to repave
them. She suggested that the gated residents be asked if they wanted the streets repaved
or not before passing another assessment on to them. She thought that the RAC had been
unreasonable, with the budget that they created. She didn't think that the solid waste had
anything to do with the maintenance inside the gates. She pointed out that the cost for
solid waste .had been removed from the general budget, since the Council could not
balance the budget without doing so.
Discussion of Zoning of West Side Low -Rise Buildings -
Councilman Sanz: Councilman Sanz requested the zoning information for the .west side
of Collins Avenue, for discussion at the March Council meeting. He questioned if any of the
co-ops on the west side had the ability to be turned into boutique hotels. He discussed
rumors of people trying to buy the buildings and turn them into hotels. Mr. Weiss and Mr.
Treppeda will provide a written report at the March Council meeting.
Discussion of Curb Cut on Bal Cross Drive by Bat
Harbour Shops for Truck Exit (Permit Issued by Village) — Councilman Packer:
Councilman Packer requested discussion regarding the. curb cut on the north side of the
Bal Harbour Shops. He requested information from the Shops.
Amy Huber, Attorney - Shubin & Bass — on behalf of Bal Harbour Shops Attorney,
clarified that the Shops received a permit for a curb cross onto Bal Cross Drive, to provide
fora truck egress.
Mayor Rosenfield questioned if that property belonged to Mr. Whitman. Mr. Weiss
requested clarification of the property that was being discussed for the Council and public.
Dan. Nieda, Building Official, reported that Bal Cross Drive was a 90-foot right-of-way and
the southernmost 45 feet of that right-of-way was paved, which was used as a street now.
He explained that the center line of the street was a division of the B (Business) District
and part of the ownership of the Bal. Harbour Shops. He explained that the curb cut opened
onto that right-of-way. Mr. Weiss explained that the street was north of the Shops, along
Collins Avenue, and bordered Fairfield Manor, which was outside the gates. Mr. Nieda
clarified that it was the street section that was blocked off and had a pedestrian gate
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 10
leading into the gated area.
Ms. Huber reported that they were not modifying the existing road way, but. were just
opening it up for truck egress. She estimated that between 25-50 trucks would use the
egress per day, with periodic use by 18 wheelers. She reported that ingress would continue
on 96th Street and this would be an additional egress. She noted that Chief Hunker had
been asking for an additional egress for some time. Ms. Huber clarified that it was not for
use of the patrons at this time.
Anthony Gillam, 9800 Collins Avenue, spoke against the issuance of the permit. He
noted that it would allow trucks to exit the Shops through the link fence (the legally
established boundary between the commercial and residential districts) and drive out onto
Bal Cross and then onto oncoming traffic on Collins Avenue. He clarified that there :was a
large outcry when the Shops presented plans recently fora new entry on Bal Cross Drive,
as part of their expansion. He noted that the Building Department/Official should have
known that the permit would be considered highly controversial. He discussed quality of
life, health, safety, and traffic concerns. Mr. Gillam disagreed that the Shops owned part of
Bal Cross Drive and explained that the tract was not part of the Residential District. He
reported that in 1946, the Shops land was undeveloped and the tract was not part of the
Residential District and thus did not own any part of Bal Cross Drive right-of-way. Mr.
Gillam reviewed the 1946 Dedication and Reservations of Subdivision for the Residential
District stating that certain streets, including Bal Cross Drive, were designated for the use
and enjoyment of the owners of lots in the subdivision and them only. He added that the
1956 • Dedication and Reservations of the Business Section stated that the streets,
including Bal Cross Drive, were not part of that Platt. He clarified that Bal Cross Drive could
not be owned by the Business Section (Shops). He noted that they have flourished without '
a northern truck exit.He requested that the Council instruct the Building. Department to
revoke the permit using whatever legal process was open to them.
Mr. Weiss reported that the issue had been reviewed with the Building Official and it had
been determined that the permit was properlyissued and the Village didn't have a right to
deny the Shops the permit. He clarified that the Council didn't have the authority to overrule
the Building Official. He didn't think that it was a matter that the Council had any authority
over. Mayor Rosenfield questioned if the residents had the right to employ their own legal
counsel, to contest it. Mr. Weiss agreed that was correct. Mr. Nieda reported that he did
consult with the Village Attorney before issuing the permit. Mayor Rosenfield clarified that
there wasn't anything that the Council could do, but the residents could use legal counsel
to contest it.
Anamarie.Kely, 77 Camden Drive, discussed the Platt (60-39 and 44-98) and clarified
that the residents didn't want 18 wheelers coming in on a street that was dedicated to the
Residential Section. She questioned if the Florida Department of Transportation had given
approval for the ingress/egress. Ms. Huber explained that they have spoken to DOT and no
contract was necessary. Ms. Kelly pointed out that the Platt established that the Shops
didn't own that area and it was a residential section. She spoke against allowing a
_residential thoroughfare to be used for commercial vehicles and also issuing a permit to a
non -owner of the property to do as they pleased.
Steve Greenberg 9800 Collins Avenue, requested the proof of ownership that Mr.
Whitman owned that street. He also questioned if a pollution study was provided on the 18
wheelers that would be idling in front of the Fairfield Manor building. He discussed safety
issues with handicap people that walk and questioned if Chief Hunker could guarantee the
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 11
safety that trucks wouldn't hit his mother. He discussed quality of life and noted that once
the curb cut went it, the Village would no longer be a Village. Mr. Greenberg noted that Mr.
Whitman was given a permit and he never had ownership.
Beth Berkowitz, 10160 Collins Avenue, reviewed the November 21, 1955 Council
Meeting Minutes, which discussed the walls for the Business District. She reviewed the
Ordinance amending Ordinance No.11, which was submitted to include maximum heights
for the boundary walls of the • Business Section to eight feet. She reported that, according to
the Platt, there were boundary walls for the Business District and it was not a lot. Ms.
Berkowitz reviewed Mr. Weiss' January 14, 2011 Opinion. Her belief is that based on the
plat, Bal Cross Drive was not part of the Business plat, so that road would not be an egress
or ingress. She noted that the dedication was clear and it being changed was an
unforeseen, unattended and improper use of the intent of the dedication. She noted that
the basic feeling was that this could extend to all the surrounding or abutting streets of the
Shops.
Mayor Rosenfield requested that any additional information be provided to Mr. Treppeda
for the Village to lookinto the issue. She clarified that no decisions would be made tonight.
Gail Hart, 90 Park Drive, reported that she lived behind the Shops and the, noise was
already bad enough with the trucks. She discussed the quality of life issue.
Neil Alter, 9801 Collins Avenue, reported that his building was perpendicularto the Street
being discussed and discussed safety issues with trying to cross the street. He was
concerned with vehicles exiting and trying to turn north and questioned if the Department of
Transportation (DOT) had been consulted, regarding the issue. Mr. Treppeda reported that
DOT had advised that it was a local issue. Mr. Alter reported that the Balmoral residents
were concerned about quality of life, public safety, pollution, and pedestrians that used that
egress from the gated area.
Mr. Nieda discussed the traffic on 96th Street and reported that the curb cut would alleviate
traffic. He explained that he discussed the issue with the Attorneys, the applicants checked
with DOT prior to applying for the permit, and the Manager checked with DOT.
Dina Cellini, 211 Bal Cross Drive, questioned why the Attorney couldn't say how he
concluded that the Shops owned half of that Street. She voiced concern about the
precedent it would set and if it was concluded under the dedication of the Residential plat,
if the Shops could then also claim ownership for half of Park Drive and Bal Bay Drive,
which they also abutted. She requested that the Council think about the legal conclusions
that have been drawn. Ms. Cellini requested that Mr. Weiss address the specific language
in the Business Platt, which stated that it didn't include Park Drive, Bal Bay Drive, and Bal
Cross Drive. She voiced concern about the Shops being able to receive a curb cut onto
Park Drive.
Chief Hunker discussed the dangerous situation with the trucks on 96th Street and
reported that it was better for the trucks to exit onto Collins Avenue. He recommended that
it be done if possible, for safetyreasons, for them to exit on the north side of the Shops.
Dan Holder, 24 Bal Bay Drive, questioned what kind of permission was granted from the
owners of that street for the work to be done. He discussed the importance of the issue. He
thought that the elephant in the room was the expansion of the Bal Harbour Shops. He
urged the community to be involved in any changes. He discussed the Shops' proposal to
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 12
move the gate back into the gated area, a convention center, movies, etc.
Brian Mulheren, 10245 Collins Avenue, read an email from the Village Attorney to the
Building Official stating that the permit was within his authority as the Building Official. He
discussed the safety issue, requested proof of ownership for the property, and requested
that it be looked at by DOT.
Councilman Packer questioned if the Village could invoke the word "may". Mr. Weiss
explained that the Building Official worked under a.set of rules to issue a. permit, unless
something allowed him to deny it. He clarified that there had to be something in the
statutes or ordinances for him to do that and they did not see anything. Councilman
Packer thought that since there was some dissention about the word "may" it should be
invoked.
Mr. Weiss requested that any materials be submitted for them to look at the item again with
the Building Official. He noted that if a change was warranted in their opinion, then they
would change it. He reported that they made a decision based on the information that they
had. He clarified that if there was some discretion on the part of the Village then they would
advise the Council.
Mark Houser, Law Offices of Houser & • Houser - Attorney for Fairfield Manor, was
shocked since the Shops had recently offered to purchase the Manor at a very low price.
He noted that if the Shops had the right to the curb cut because they owned half of the
Street, then the Manor owned the other half of the Street and did not give them permission
to use their half of the street for a truck egress. He explained that if Mr. Weiss' opinion
stood then he didn't think it would be difficult to get a restraining order in a court.
Mr. Weiss clarified that the use of streets is different than the ownership of those streets.
He added that easement rights and rights to use the right of way are different than the
ownership of the right of way. He clarified that they would look at any information provided
and the issue would be placed on the agenda for March. Mr. Weiss explained that the
building permit had been issued and the residents had the right to pursue whatever rights
they had..
Councilman Packer questioned if the go ahead on the permit could be postponed by the
Shops, in the interest of the residents that were concerned.
Ms. Huber reported that the Shops had no intention of delaying the installation of the curb
cut. She clarified that it had been analyzed and it was their intention to move forward
without any further delay.
10. OTHER BUSINESS:
Public Comment: Councilwoman Cohen suggested that the Village
purchase some. stackable chairs, for extra seating.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Assistant Mayor Blachar to adiourn. The motion canted (5-
0) and the meeting was adjourned at 9:57 p.m.
Bal Harbour Village Regular Council Meeting Minutes 02/21/2012 13
Attest:
Ellisa L. Horvath, M ilia a Clerk
Bat Harbour Village Regular Council Meeting Minutes 02/21/2012 14