HomeMy Public PortalAbout2012-06-19 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JUNE 19, 2012
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 19, 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 7:00
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Councilwoman Patricia Cohen
Councilman Martin Packer
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Richard J. Weiss, Village Attorney
Absent: Assistant Mayor Joni D. Blachar
Councilman Jaime M. Sanz
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Police Chief Tom
Hunker.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: Mr. Treppeda
requested that Tab I (Motion Approving Emergency Sewer Station Repairs) and Tab R
(Discussion of Gated Residential Section Advisory Committee Recommendation) be
removed from the agenda. He also requested that the following item be added to the
Consent Agenda: Motion Approving $15,000.00 for the Tri-City Electric Proposal, to be
done prior to the installation of the new bus shelters.
A motion was offered by Count Packer and seconded by Councilwoman Cohen to remove
and add the requested items from the Agenda. The motion carried (3-0).
4. SPECIAL PRESENTATIONS:
Presentation to Village Council by Janes Mayville, American Cancer
Society Relay for Life: Janey Mayville, American Cancer Society Community
Representative for Surf-Bal-Bay, and Emily Marquez; American Cancer Society Director,
reported that $51,000 was raised from the Relay for Life event. Mayor Rosenfield was
presented with a plaque in appreciation of the Village's $10,000 donation as a Gold
sponsor.
Presentation to Village Council by the Police ,Athletic League (PAL):
Jose Andrade, PAL Director and former Village Police Lieutenant, presented Mayor
Rosenfield with a plaque in appreciation of the Village's continued support to the program.
Chief Hunker commended Jose Andrade for taking over the after school programs.
Introduction of Representative Joseph `Joe". Gibbons: Mayor
Rosenfield explained that the Village was now part of a new district which ran from Surfside
to Dania Beach. She introduced Florida Representative Joseph Joe Gibbons, who was
running for his fourth and last term. Representative Gibbons explained his representation in
the House, reported that the election was August 14th, and urged residents to contact him
regarding any issues with the State.
Presentation to Jaime Schapiro, AIA, Former Architectural Review
Board Member: Mayor Rosenfield presented Jaime Schapiro with a token of
appreciation for over ten years of service on the Architectural Review Board.
Presentation to Officer and Employee of the Month for May 2012:
Chief Hunker presented Officer Madeleine Orr with the Officer of the Month plaque and
Pam Flanders with the Employee of the Month plaque, for their involvement in the
American Cancer Society Relay for Life event.
5. • CONSENT AGENDA:
Anamarie Stoppa, 77 Camden Drive, requested that Tab F be removed.
Dina Cellini, 211 Bal Cross Drive, requested that Tab C and Tab K be removed.
Approval was requested for the following items:
Tab B: May 15, 2012 regular Council Meeting minutes;
Tab D: Designate and authorize the sale of surplus Police equipment:
Sell to Lt. Charles Merrill (upon retirement)
Glock Model 27 Firearm $405.00
iPad2 $309.00
Sell via eBav or CarMax
2003 Ford Explorer (Unit #248);
Tab E: $92,500.00 in Resort Tax Funds and Appointment to the Resort Tax
Committee for:
$67,500.00 2013 Public Art Program
$25,000.00 Tourism Bus Program. through September 2012
Appoint Marco Selva, St. Regis Hotel General Manager, as a member of the
Resort Tax Committee;
Tab G: Ratify the Village Manager's appointment of Valerie Rennert as a Special
Master for a one-year term;
Tab H: $7,425.00 and Authorization for the Village Manager to execute the
agreement with Frankel Interactive for web site design and development;
Tab J: $53,436.00 in Sewer Funds for Hydra Systems, Inc. (the lowest bidder) to
Bal Harbour Village Regular Council Meeting Minutes 06/19/2012 2
replace the channel grinder at Pump Station #2;
Tab L: $7,675.00 in Beautification & Maintenance Funds for the Brickman Group to
replace plants on the beach;
Tab M: $5,959.69 for Kailas Contractors for construction and installation of an
aluminum baffle, at the Village's stormwater outfall pipe, located in the area
of the marina at 200 Bal Bay Drive;
Tab N: $70,177.36 in Water Funds for Change Order #1 (for additional landscaping
to screen the new meters, additional piping work, and utility relocations) to
the High Rise Water Meter Replacement Project; and
Additional Item: $15,000.00 for Tri-City Electric Co., Inc. to provide electrical work, in
preparation for the new bus shelters.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the items on the Consent Arenda. except for Tabs C. F. and K. The motion carried (3-0).
Tab C - Motion Approving Expenditure of Police Forfeiture Funds:
The request was for approval to expend forfeiture funds for the following items:
State: $7,000.00 Donation to the Surf-Bal-Bay Police Athletic League (PAL)
Federal: $14,749.26 for Advanced Public Safety Reportbeam Maintenance, $55,000.00 for MRW
Consulting Group which provides forfeiture fund accounting and analysis, $25,000.00 for Franklin
Investigations Inc. for a protracted police investigation, and $125,000.00 for the Cooperative
Automated License Plate Reader Program (Agreement to be considered by the Council via
Resolution).
Dina Cellinl, 211 Bal Cross Drive, voiced concem with using the same person (Franklin
Investigations) for a contract yearly, instead of going out to bid. She suggested that the
approval of the License Plate Reader Program be delayed, until the proposed Resolution
was discussed by the Council.
Mr. Treppeda clarified that when multiple companies were available prices were obtained,
but that certain things required specialized companies, such as MRW and Franklin
Investigations. Chief Hunker agreed. Mr. Weiss discussed the specialization of Franklin
Investigations and reported that his firm had used Mr. Franklin as a witness in the past. He
clarified that the approval for the License Plate Reader Program was authorization to
spend the money, but did not approve the agreement. He noted that if the Resolution was
not approved, then the money would not be spent.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
Tab C. The motion carried (3-0).
Tab F - Motion Approving Expenditure of Gated Residential Section
Funds: The request was for approval to expend Gated Residential Section funds for the
following .items:
$79,107.00 Award of Landscaping Bid to Landscape Associates
$10,000.00 (up to) Traffic Engineering Study/Purchase of Traffic Calming Devices
Bal Harbour Village Regular Council Meeting Minutes 06/19/2012 3
Anamarie Kelly, 77 Camden Drive, noted that 100% of the owners had not agreed to
establish the Gated Residential Section and clarified that the homeowners could not be
taxed without approval. She noted that the Council needed to follow the law, not an
opinion. Mr. Weiss reported that the issue of police patrolling in that area was being
reviewed. He added that the District was properly established at the time and had been
operated under that for many years. He clarified that he accepted the opinion of Mr. Gold
(Village Attorney at that time) that the District was properly established.
Dina Cellinl, 211 Bal Cross Drive, spoke against approval of $10,000 for the purchase of
traffic calming devices and an engineering study, until the residents had further discussion
regarding it. She noted that the placement of speed bumps would affect the composition of
the neighborhood. She requested that the issue be withdrawn and placed on a future
agenda, after the July 31 st RAC (Gated Residential Section Advisory Committee) meeting.
Stuart Sobel, 271 Bal Cross Drive and RAC Member, reported that the Committee had
discussed various ways to calm traffic and agreed to give residents the opportunity to
speak on the issue at the next RAC meeting. He ensured that the least intrusive measure
would be used, including stop signs. He wasn't opposed to the item being deferred, until
after the RAC meeting.
Councilman Packer spoke in favor of a consensus being met, before coming to the
Council. Mr. Weiss reported that it was up to the Council on whether or not to accept the
recommendation of the RAC. Councilwoman Cohen thought that it was incumbent upon
the Council to heed to the Committee's wishes. Mayor Rosenfield clarified that some
members of the gated community had requested that the item be deferred.
Nina Rudolph, 212 Bal Bay Drive, wasn't opposed to the item being separated, for further
study.
Brian Mulheren, 10245 Collins Avenue, didn't think that speed bumps were the solution
and discussed communities that removed their speed bumps, due to problems with
ambulances.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the first item (Award of Landscapinz Bid to Landscape Associates) on Tab F. The motion carried
(3-0).
Tab B — Motion Approving Village Manager to Execute Property
Damage Release with Coastal Construction for Settlement of Claim for Damage
to Bal Harbour Sewer Line: The request was for approval of $95,000.00 and
authorization for the Village Manager to execute the Property Damage Release, to settle
the claim against Coastal Construction, for damage they did to the Village's sewer line.
Dina Cellini, 211 Bel Cross Drive, requested information, since the Village was being
paid $41,000.00 less than the expenses incurred by the Village and Coastal Construction
was at fault. Mr. Treppeda explained that after two years of deliberation he and the Village
Attorney agreed that $95,000.00 was a fair settlement, to avoid litigation and other costs.
Brian Mulheren, 10245 Collins Avenue, spoke against the Village settling for less and in
favor of going to litigation, since the Village would win and Coastal would have to• pay. Mr.
Bal Harbour Village Regular Council Meeting Minutes 06/19/2012 4
Weiss explained that litigation would cost money and they felt that it was time to put it to
rest. Mr. Treppeda clarified that the litigation costs were considered.
Neil Alter, 9801 Collins Avenue, questioned if the defenses offered by the other side
induced the Village to settle. Mr. Weiss explained that there wasn't a guarantee that if the
Village won that its Attorney fees would be covered.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
Tab R: The motion carried (3-0).
6. PUBLIC HEARINGS:
Quasi-judicial Public Hearings: Mr. Weis explained the procedures for
the quasi-judicial process. No disclosures were made by the Council. Those planning to
speak at the hearing were sworn in by Mrs. Horvath. The following request was read by
Mrs. Horvath:
Consideration of a request from Scot Greve (Contractual Buyer for
10275 Collins Avenue, CU1, Bal Harbour, FL) to allow an Executive Professional
Business Center, aimed to serve the primary use of the residents of Harbour
House, for their day to day convenience. Pursuant to Village Code Section 21-
281(10)(i) convenience establishment uses within multiple -family developments
within the OF and PD zoning districts may be permitted by the Village Council,
after a public hearing: Mayor Rosenfield questioned if the Harbour House building had
given approval for the Business Center. Mr. Treppeda did not think that the Board had
approved the project yet. Mayor Rosenfield questioned the Applicant appearing before the
Council, since the Harbour House Board had not given approval on the item.
Howard Pearl, Attorney for Harbour House Condominium, explained that the item had
not been submitted to the Board of Directors yet.
Mr. Weiss clarified that the Applicant had the right to request a public hearing before the
Council, but that the Council could request the Harbour House Board's decision first,
before consideration.
A motion was offered by Mayor Rosenfield and seconded by Councilwoman Cohen to defer the
item, until the Council heard from the Harbour House Board
Councilman Packer agreed that more information was needed.
The motion carried (3-0).
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: Mrs. Horvath read the
following Ordinance title:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
ARTICLE V 'SPECIAL ASSESSMENTS" OF CHAPTER 18 "TAXATION AND
FINANCE" OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY
Bat Harbour Village Regular Council Meeting Mlnutes 06/19/2012 5
CREATING SECTION 18-121 "UNIFORM METHOD OF COLLECTION OF
SECURITY AND LANDSCAPE SPECIAL ASSESSMENTS"; PROVIDING FOR
THE UTILIZATION OF THE UNIFORM METHOD OF COLLECTING NON -AD
VALOREM ASSESSMENTS FOR SECURITY AND LANDSCAPE SPECIAL
ASSESSMENTS WITHIN THE GATED RESIDENTIAL SECTION OF THE
VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SAVINGS CLAUSE; . PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing.
Anamarie Kelly, 77. Camden Drive, referred to her prior discussion regarding the
formation of the District (Gated Residential Section). She reserved the right to discuss the
Raheb litigation, under Other Business at the next meeting, regarding the law concerning
the Residential Section of Bal Harbour. She noted that the District was illegal, because
there was not 100% of a vote of the homeowners and a lack of compliance with the County
rules to take it to them as a taxing district.
There being no additional comments, Mayor Rosenfield closed the public hearing.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve
the Ordinance. The motion carried (3-01 with the roll call vote as follows: Councilwoman Cohen
Yes: Councilman Packer yes: Mayor Rosenfield yes: Assistant Mayor Blachar and Councilman
Sanz absent: thus becoming Ordinance No. 2012-562.
Ordinances First Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
S. RESOLUTIONS: Mrs. Horvath read the following Resolution title:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
BAL HARBOUR VILLAGE, THE TOWN OF BAY HARBOR ISLANDS, THE
TOWN OF GOLDEN BEACH, THE CITY OF SUNNY ISLES BEACH AND THE
TOWN OF SURFSIDE PROVIDING FOR THE VILLAGE'S PARTICIPATION IN
THE LICENSE PLATE RECOGNITION CAMERA SYSTEM ISLAND
COMMUNITIES INITIATIVE; PROVIDING FOR IMPLEMENTATION;
PROVIDING AN EFFECTIVE DATE.
Chief Hunker explained the program.
Dina Cellinl, 211 Bal Cross Drive, questioned if the program would capture all of the tags
or just to alert of a felon that was targeted. She discussed concems with misuse and
breaches and requested that an individual be notified if their data was breached. Chief
Hunker reviewed the program and explained that personal data was not collected through
the images. He clarified that the Police Dispatcher would research additional information if
requested. Ms. Cellini questioned what the potential breaches were that were referenced
on page 8 (14.2). She voiced concern about people misusing her information and
requested that she be informed if there was a breach of her information.
Bal Harbour Village Regular Council Meeting Minutes 06/19/2012 6
Anthony Soroka, Village Attorney, explained that any breach would be addressed and
clarified that the main database was already used by the Police Department. He further
explained that part of the annual report were recommendations on how to address any
breaches. Mr. Soroka noted that the agreement addressed a lot of the issues that Ms.
Cellini was raising.
Ms. Cellini requested that she be contacted, if her security was breached. Chief Hunker
noted that anyone who was affected by a breach would be contacted.
Neil Alter, 9801 Collins Avenue, requested that language be included in the document
that the Department notify the person of a breach. Chief Hunker reported that there was a
standard operating procedure for any breach. Mr. Alter questioned if the images were
based on a stop or would capture every vehicle. Chief Hunker clarified that images would
be captured for every vehicle that entered/exited the Village.
Beth Berkowitz, 10160 Collins Avenue, gave the opinion that it smelled of big brother.
Brian Mulheren, 10245 Collins Avenue, spoke in favor of the system and questioned
where the cameras would be placed.
Chief Hunker reported that cameras would be placed at the entrances/exits of allthe
communities involved. He explained that no cameras would be placed in Bal Harbour,
since it was surrounded by the other communities. Chief Hunker didn't see the program as
being big brother and explained that the only time they would respond was if there was an
alert or if there was an incident in the community requiring them to search the database.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the Resolution. The motion carried (3-0); thus becoming Resolution No. 2012-757.
9. REPORTS:
A. VILLAGE MANAGER:
Presentation of Comprehensive Annual Financial Report •—
Marcum LLP: Michael Fuderman, Audit Partner — Marcum, reviewed the audit for
Fiscal Year ended September 30, 2011.
Discussion of Gated Residential Section Advisory Committee
Recommendation: This item was removed from the agenda, at the beginning of the
meeting.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of June 19, 2012: The
list of Lobbyists registered with the Village was included in the agenda.
Selection of Dates for First Budget Public Hearing,
Second Budget Public Hearing, and September Regular Council Meeting: Chris
Wallace, Finance Director, reviewed dates to meet requirements.
Bat Harbour Village Regular Council Meeting Minutes 06/19/2012 7
It was the consensus of the Council to schedule a Budget Workshop Meeting on July 10, 2012, at
5:00 p.m. and one on July 17, 2012, prior to the Regular Council meeting. if deemed necessary.
It was the consensus of the Council to schedule the First Budget Public Hearing for September 4.
2012 at 5:01 p.m.. the Second Budget Public Hearing for September 11, 2012, at 6:01 p.m.. and
the Regular Council Meeting for September 11, 2012. at 7: 00 p.m.
C. VILLAGE ATTORNEY: Mr. Weiss did not report on any items.
D. MAYOR AND COUNCIL:
Discussion of Bus Shelters — Councilman Sanz: Mr.
Treppeda reported that the Federal funds were slowing everything down, since items had
to be bid out, and there were issues with the structural footing. He reported that the project
was moving.
Discussion of Bal Harbour Entrance Sims
Councilwoman Cohen: Councilwoman Cohen requested that the item be deferred, until
additional information was obtained.
10. OTHER BUSINESS:
Public Comment:
Dina Cellini, 211 Bal Cross Drive, requested that the DRAFT budget be available online,
prior to the Workshop Meeting, scheduled for July 10th.
11. ADJOURN: There being no further. business, a motion was offered by
Councilman Packer and seconded by Councilwoman Cohen to adiourn. The motion carried (3-0)
and the meeting was adjourned at 8:29 p.m.
Attest:
Bal Harbour Village Regular Council Meeting Minutes 06/19/2012 8