HomeMy Public PortalAbout2012-07-17 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JULY 17, 2012
The Regular Meeting of the. Bal Harbour Village Council was held on Tuesday, July 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 7:07
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 Susan Packer.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS:
Mr. Weiss suggested that Tab M be deferred, in accordance with the action taken at the
Local Planning Agency Meeting:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, AMENDING DIVISION 11, ARTICLE III, CHAPTER 21 OF THE VILLAGE CODE TO
CREATE A NEW SECTION 21-322 "SITE PLAN REVIEW"; PROVIDING FOR SITE PLAN
REVIEW, INCLUDING APPLICABILITY OF REQUIREMENT, APPLICATION AND REVIEW
PROCEDURE, COST RECOVERY, AND DEVELOPMENT AGREEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Weiss suggested that Tab N also be deferred:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE PROVISION
OF SECURITY AND LANDSCAPE SERVICES, FACILITIES AND PROGRAMS IN THE GATED
RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE
METHOD OF ASSESSING SECURITY AND LANDSCAPE COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHiN THE GATED RESIDENTIAL SECTION OF BAL HARBOUR,
FLORIDA; DETERMINING THE COST OF SECURITY AND LANDSCAPE SERVICES,
FACILITIES AND PROGRAMS AND THE INITIAL SECURITY AND LANDSCAPE
ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to defer
Tab M and Tab N. The motion carried (5-0).
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA:
Tab I was deleted, since no Council action was needed, as noted in the agenda.
Dina Cellini, 211 Bat Cross Drive, requested that Tab D be removed.
Councilman Packer requested that Tab H be removed.
Mr. Treppeda requested that the following item be added: Motion Approving $1,740.00 in
Gated Residential Area Section Funds for Brickman Group to remove the hazardous tree
located at the comer of Bal Cross Drive and Park Drive.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to add the
requested item to the Consent Agenda. The motion carried (5-0).
Brian Mulheren, 10245 Collins Avenue, requested that Tab J be removed..
Approval was requested for the following items:
Tab A: June 19, 2012 regular Council Meeting minutes;
Tab B: Expenditure of Police Forfeiture Funds for the following item:
Federal: $475.00 monthly and execution of a two-year lease with Peterson's
Harley-Davidson of . Miami (North) for one Harley Davidson Road King
Motorcycle for the Traffic Enforcement Division;
Tab C: Expenditure of Police Budgeted Funds for the following items:
$475.00 monthly (x 2) and execution of two-year leases with Peterson's
Harley-Davidson of Miami (North) for two Harley Davidson Road King
Motorcycles for the Traffic Enforcement Division;
Tab E: $13,857.50 to Shenandoah Construction for emergency sewer repairs to the
Village's Sewer Lift Station #2;
Tab F: $3,087.10 and authorization for the Village Manager to enter into an
agreement acceptable to the Village Attorney, if necessary, with High Tech
Striping to resurface and restripe the West Municipal Parking Lot;
Tab G: $21,390.00 in Beautification & Maintenance funds for Cardello Electric (low
bidder) to replace 30 ballasts and 30 light fixtures, as they go bad, in the
Date Palm lighting units on Collins Avenue;
Tab K: Execution of the Interlocal Agreement with Miami -Dade County, pending
legal review, addressing the National Pollutant Discharge Elimination
System;
Tab K1 (Item Added): $1,740.00 for the Brickman Group, Ltd. To remove and grind the
Bal Harbour Village Regular Council Meeting Minutes 07/17/2012 2
stump for the remaining Buttonwood tree in the Gated Area at Bal Cross
and Park Drive.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the items on the ConsentAeenda. except for Tabs D, H. and J. The motion carried (5-0).
Tab D — Motion Authorizing Execution of Agreement with
Landscaping Associates, Inc. for Landscaping in the Gated Residential Section:
The request was for authorization to execute the agreement with Landscape Associates for
work in the Gated Residential Section. The bid was awarded at the June 2012 Council
Meeting.
Dina Cellini, 211 Bal Cross Drive, spoke in favor of the landscaping agreement, but
requested that the residents of the Gated Residential Section be indemnified. Mr. Weiss
noted that the Village would have to ask the Contractor to do that. Assistant Mayor Blachar
questioned if that would be necessary. Mr. Weiss pointed out that while the Contractor was
required to have general liability insurance, there was no indemnity for the residents if they
were sued by the Contractor, which wouldn't be likely (the Village would likely be the ones
to be sued). Assistant Mayor Blachar suggested that Mr. Treppeda ask the Contractor and
if they don't agree to indemnify the residents then it would have to go before the RAC
(Gated Residential Section Advisory Committee) for direction. She clarified that the
contract should be approved, subject to Mr. Treppeda receiving approval for the indemnity,
and if approval is not received, then he is authorized to do what he sees fit, after a decision
by the RAC. •
A motion was offered by Assistant Mayor Blachar and seconded by Councibnan Packer to
approve Tab D. The motion carried (5-0).
Tab H — Motion Approving Additional Trimming of Date Palms
along Collins Avenue: The request was for approval of $5,064.00 for the Brickman
Group to perform additional trimming of the dates for 63 Medjool Date Palms, on Collins
Avenue and 96th Street.
Councilman Packer proposed that the next contract include ongoing trimming of the dates,
not just specifically twice a year. Mr. Treppeda will request that Brickman provide a cost to
include removing the dates in the trees an unlimited number of times per year. Councilman
Packer agreed, but requested that be done when the contract was up for renewal.
A motion was offered by Councilman Packer. and seconded. by Assistant Mayor Blachar to
approve Tab H. The motion carried (5-0).
Tab J — Motion Approving Repairs to Trash Truck: The request was
for approval of $7,000.00 for Petersen Industries to repair the trash truck.
Brian Mulheren, 10245 Collins Avenue, suggested that the work done by the truck be
included in the Brickman contract, so the truck would not be needed. Mr. Treppeda pointed
out that the Village would like to have some capability if a truck was needed. Mr. Mulheren
noted that a truck could be rented or leased whenever necessary.
Leonard Robinson, Public Works Director, discussed the importance of the truck to
assist with hurricane debris, etc. Mr. Treppeda appreciated Mr. Mulheren's comments, but
Bal Harbour Village Regular Council Meeting Minutes 07/17/2012 3
would only agree to doing so as long as the residents understood that the Village may not
always be able to get a truck to rent, etc. Mr. Robinson estimated that the Village could
use the current truck for another 10 years, if it was repaired.
Nina Rudolph, 212 Bal Bay Drive, spoke in favor of the truck, to pick up extra things to
keep the Village beautiful.
Neca Logan, 64 Camden Drive, spoke in favor of keeping the truck, since a rented truck
may not always be available.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve Tab J. The motion carried (5-0).
Motion Approving Expenditure of Police Forfeiture Funds: The
request was for approval of $3,000.00 in federal forfeiture funds for Florida International
University's ECO Academy Summer Camp.
Jan Solomon, Florida International University Director of Development, requested
approval and explained the program. She noted that the money would provide eight
scholarships for kids to attend the camp. She offered to place Bal Harbour's name and
logo on FIU's Prestige Cultural Series.
Mr. Weiss requested a written recommendation from the Police Chief. Chief Hunker will
provide the paperwork.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to add the item
to the arenda. The motion carried (5 0)
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
added item. The motion carried (5-01
6. PUBUC HEARINGS:
Quasi -Judicial Public Hearings: None.
Zoning Hearings/Ouasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Ordinances First Reading/Public Hearings: Mrs. Horvath read the
following Ordinance title:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 21 "ZONING," ARTICLE I "IN GENERAL," SECTION 21-1
"DEFINITIONS ,AND RULES OF CONSTRUCTION" TO PROVIDE FOR A
DEFINITION OF "PORTABLE STORAGE UNIT"; AMENDING ARTICLE IV
"SUPPLEMENTARY DISTRICT REGULATIONS," IN ORDER TO CREATE
SECTION 21-364 "PORTABLE STORAGE UNITS" OF THE CODE OF
ORDINANCES TO PROHIBIT THE PLACEMENT AND USE OF "PORTABLE
STORAGE UNITS" WITHIN THE GATED RESIDENTIAL SECTION OF THE
VILLAGE, AS SPECIFICALLY DEFINED IN THIS SECTION; PROVIDING FOR
Bal Harbour Village Regular Council Meeting Minutes 07/17/2012
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield noted that the item was recommended for approval by the Local
Planning Agency at the July 17, 2012 meeting.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
A motion was offered by Assistant Mayor.Blachar and seconded by Councilman Sanz to approve
the Ordinance. The motion carried (5-01 with the roll call vote as follows: Assistant Mayor
Blachar yes: Councilwoman Cohen yes; Councilman Packer yes; Councilman Sanz yes: Mayor
Rosenfield yes.
Tab M was removed from the agenda at the beginning of the meeting.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
S. RESOLUTIONS:
Tab N was removed from the agenda at the beginning of the meeting.
Mrs. Horvath read the following Resolution title:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE
MATERIALS IN BAL HARBOUR VILLAGE, FLORIDA; DESCRIBING THE
METHOD OF ASSESSING SOLID WASTE COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN BAL HARBOUR, FLORIDA; DETERMINING
THE SOLID WASTE .COST AND THE INITIAL SOLID WASTE SERVICE
ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROIL;
AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF
NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE.
Dina Cellini, 211 Bal Cross Drive, noted that when the solid waste was assessed
separately the Village was experiencing a revenue shortfall and was under the impression
that the Council would reconsider absorbing the cost in the budget again, when the Village
was doing better financially. She reminded the Council that the resolution would be for the
upcoming year and was not a blanket statement that it would remain a separate
assessment by the property tax appraiser.
Mr. Treppeda pointed out that 95% of the municipalities charged solid waste costs
separately, which he recommended continuing to do. Ms. Cellini clarified that she was not
suggesting that the millage rate or property tax be increased as a result, but to include the
cost in the budget. She discussed the high contingency of $800,000 and thought that there
would be a place in the budget to absorb the cost. She was disappointed that the Village
wasn't thinking about that. Mr. Treppeda clarified that he would never recommend that the
Village put the cost for solid waste back into the millage rate.
Bat Harbour Village Regular Council Meeting 1Vlinutes 07/17/2012 5
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the Resolution. The motion carried (5-0): thus becoming Resolution No. 2012-758.
9. REPORTS:
A. VILLAGE MANAGER:
Budget Report for Third Quarter (Fiscal Year 2011/2012)
Provided by Finance Director Christopher Wallace: Mr. Wallace reviewed the
update provided in the agenda.
Ree Kelly, 77 Camden Drive, questioned the amount of savings in the budget for
adherence to Florida Statute 316 (traffic control), since the Village would not be patrolling
the Gated Residential Section. Mr. Treppeda clarified that the Village would be having
police patrol in the residential area. Ms. Kelly spoke against the Village being able to do so,
unless it was approved by 100% of the homeowners. Mr. Weiss clarified that the Attorney
had been directed by the Council to look into the police being able to continue to patrol that
area. He noted that if the Village couldn't find a way to do that, then the money would be
saved. He added that until the Village could find a way that was defensible, it would not be
providing the services in that area.
Dina Cellini, 211 Bal Cross Drive, questioned the amount of reserves that were used to
balance the budget for the current budget. Mr. Wallace reported that $700,000.00 of
reserves was used to balance the budget, but that $700,000.00 had been set aside as an
operating contingency. He reported that the contingency had not been used yet, so that
may be used.
Discussion and Approval of Proposed Afdlage Rate: Mr. Wallace
recommended that the rolled back rate of 2.2678 mills be used as the proposed millage
rate for Fiscal Year 2012/2013. Mr. Treppeda noted that it was a reduction of 7.3%.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve a
proposed mirage rate of 2.2678 mills The motion carried (5-0).
B. VILLAGE CLERK:
Lobbyist Registration Report: As of July 17, 2012: The list
of Lobbyists registered with the Village was included in the agenda.
Discussion of August Council Meeting: The Council
discussed whether or not to meet in August, pursuant to Village Charter Section 22.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to cancel the
August Council Meeting. The motion carried (5-0).
Discussion of November 2012 Village Election: Mayor
Rosenfield reported that a Village Election would be held on November 6, 2012 for two of
the Council seats. She reported that qualifying would be from August 13th through August
17th. She noted that those interested in serving on the Council must be a Village resident
for at least one year. She explained that notification would be provided on Channel 77.
Bal Harbour Village Regular Council Meeting Minutes 07/17/2012 6
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 bus shelter permit had been pulled by the electrician, who
would begin work once the rain stopped. He explained that the Federal Transit Authority
needed to give final approval of the invitation to bid document, which was expected shortly.
He noted that the bid would then be advertised. Mr. Treppeda noted that a lot of steps
needed to be followed, in order to receive the federal funding.
Brian Mulheren, 10245 Collins Avenue, questioned the delay on the shelters. Mr.
Treppeda explained that they are waiting on the Federal Transit Agency and approval was
expected any day.
Councilman Sanz clarified that the project would happen and the electrician would be
working. He hoped that all the items would be done by the first week in August. Assistant
Mayor Blachar recognized the efforts of Councilman Sanz in seeing that the project was
done.
Discussion of Bal Harbour Entrance Signs —
Councilwoman Cohen: Councilwoman Cohen discussed the need to enhance the Bal
Harbour entrance signs. She presented a Powerpoint presentation showing the signs and
examples of signs in other municipalities. Assistant Mayor Blachar discussed the thought to
have the signs more similar to the tourism items. Councilwoman Cohen spoke in favor of a
sign similar to the Village Hall sign, which was coral stone, and the thought to stay away
from using anything with color.
Nina Rudolph, 2V Bal Bay Drive, spoke in favor of nicer signs. She also spoke in favor
of enhancing the center median to make it special, by enhancing the palms and other
landscaping there. Councilman Packer agreed that the palms needed to be looked at.
Dan Nieda, Building Official, suggested that the art proposals that were submitted a
couple of years ago be looked at again. He suggested that the design/logo be coordinated
with the Village letterhead.
Mayor Rosenfield noted that the logo designs submitted were not what the Village wanted.
She suggested approaching the FIU (Florida Intemational University) School of
Architecture.
Councilwoman Cohen spoke in favor of the signs representing Bal Harbour, as an upscale
community.
It was the consensus of the Council to so to the FIU School of Architedure.
Councilwoman Cohen suggested using a local architect. Mayor Rosenfield suggested that
if the Council was not happy with suggestions by FIU then that could be done.
Brian Mulheren, 10245 Collins Avenue, spoke in favor of repainting and adding lighting
to the current signs, which he thought were more elegant than the other signs shown. He
Bal Harbour Village Regular Council Meeting Minutes 07/17/2012 7
agreed that the bushes in the center median needed to be shaped/trimmed more, or
replaced. He also thought that the lighting should be replaced and enhanced.
Mr. Treppeda was directed to have a discussion with the Landscape Architect and
Brickman, regarding the center median.
10. OTHER BUSINESS:
Public Comment:
Dina Celllnl, 211 Bal Cross Drive, requested the identify of any new lobbyists for July.
Mrs. Horvath reported that Howard J. Berlin had registered as a lobbyist for the Bal
Harbour Shops. Ms. Cellini discussed the Village Lobbyist Ordinance and the possible
ethics issues with Mr. Berlin, as a former Mayor, bbing registered as a lobbyist. Mr. Weiss
explained that he had reviewed the Ordinance and the County Ethics Ordinance and
reported that there wasn't anything wrong with Mr. Berlin being registered as a lobbyist
now.
Beth Berkowitz, 10160 Collins Avenue, questioned the reason that the Ordinance for site
plan review was removed from the agenda. Mayor Rosenfield explained that it was
removed for further review.
Doug Rudolph, 212 Bal Bay Drive, thanked the Council and Village staff for their work.
Councilman Sanz agreed that the Village medians needed to be improved.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blucher and seconded by Councilman Sant to adjourn. The motion carried (5-0)
and the meeting was adjourned at 8:10 p.m.
Attest:
G-3=
;Aadzi,/t;)
Ellisa L. Horvath, MmC4Xillage Clerk
yor Jean Ros eld
Bal Harbour Village Regular Council Meeting Minutes 07/17/2012