HomeMy Public PortalAbout2013-07-02 Special MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
SPECIAL MEETING - JULY 2, 2013
A Special Meeting of the Bal Harbour Village Council was held on Tuesday, July 2, 2013, at
the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida).
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:02
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer1
Councilman Jaime M. Sanz
Jay R. Smith, Interim 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 the Council.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: Mr. Smith
requested that Tabs A, O, and S be removed from the agenda.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the removal of Tabs A, O, and S from the agenda. The motion carried (4-0).
4. SPECIAL PRESENTATIONS:
Presentation on Proposed Pier Beachfront Restaurant at
Haulover Park —Kevin Asher, Miami -Dade County: This item was removed from the
agenda, at the beginning of the meeting.
Update on Village Manager Search — Sean Baenziger, Colin
Baenziger & Associates: Sean Baenziger reported that the final brochure was sent
out June 26t, 39 applications had been received, and 100 applications were expected.
5. CONSENT AGENDA:
Anamarie Stoppa - 77 Camden, requested that Tab E be removed.
Councilwoman Cohen requested that Tab H be removed.
Brian Mulheren —10245 Collins Avenue, requested that Tab G be removed.
1 Councilman Packer arrived during the discussion of Tab E — Motion Approving Recommendations of Gated
Residential Section Advisory Committee (RAC).
Approval was requested for the following remaining items:
Tab C: May 28, 2013 Regular Council Meeting Minutes
June 4, 2013 Special Council Meeting Minutes
Tab D: Renewal of a Mutual Aid Agreement with the Florida Department of Law
Enforcement (FDLE) to form a Miami Regional Operations Center Child
Abduction Response Team (CART)
Tab F: Ratification of Village Manager's appointment of Valerie Rennert as a Special
Master for a one-year term
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve Tabs C, D, and F on the Consent Agenda. The motion carried (4-0).
Tab E - Motion Approving Recommendations of Gated
Residential Section Advisory Committee (RAC): It was the consensus of the Council
to delay discussion of this item, until Dr. Lelchuk arrived, per Assistant Mayor Blachar's
request.
Tab G - Motion Approving Funds for Police Pension Studies:
Approval was requested for up to $35,000.00 for Jim Rizzo (GRS — Village Actuary) to
complete actuarial studies for use in negotiations with the Dade County PBA.
Brian Mulheren -10245 Collins Avenue, recommended going out to bid.
The Council discussed the item being delayed until September. Mr. Smith reported that the
Village had been satisfied with GRS.
Abraham Gotman - 9601 Collins Avenue and Police Pension Board Member, noted
that the Police Board hadn't heard anything regarding the item. He announced that the
Police Board Chair, Lois Evans, had resigned. Mr. Smith explained that the item didn't
have anything to do with the Police Pension Board. He was aware of Ms. Evans'
resignation.
Neil Alter - 9801 Collins Avenue #11 U, spoke in favor of competitive bids for all
outstanding contracts.
Mayor Rosenfield spoke in favor of approval and considering bids in the future.
A motion was offered by Councilwoman Cohen and seconded by Councilman Sanz to Xo out to
bid for the item.
Ree Stoppa — 77 Camden Drive, thought that bids were a government requirement. Mr.
Weiss reported that it wasn't a requirement, but the Village had gone out for bids in the
past. Ms. Stoppa spoke in favor of going out for bids.
Assistant Mayor Blachar spoke in favor of approval, due to timing and the upcoming police
negotiations. She noted that the Village could go out to bid for other items in the future.
Bat Harbour Village Special Council Meeting Minutes 07/02/2013 2
The motion failed (2-2), with Councilwoman Cohen and Councilman Sanz voting ves and Mayor
Rosenfield and Assistant Mayor Blachar voting no.
A motion was offered by Assistant Mayor Blachar and seconded bv Mayor Rosenfield to approve.
The motion failed (2-2), with Assistant Mavor Blachar and Mayor Rosenfield voting ves and
Councilwoman Cohen and Councilman Sanz voting no.
Police Chief Michael Daddario suggested that the Village receive a bid from the Police
Pension Board Actuary.
The decision was left up to Mr. Smith to come to the next meeting with a proposal.
Tab H - Motion Authorizing Additional Funds for Basketball
Court: Approval was requested for an additional $600.00 (for revised measurements and
additional post installation work) for the replacement of the basketball court in the Park
($18,530.00 was previously approved).
Councilwoman Cohen discussed the need for a comprehensive improvement plan for the
park.
Councilman Sanz discussed the need to fix the current basketball court. Assistant Mayor
Blachar agreed that the repairs needed to be made.
Mr. Smith noted that the surface lasted seven years.
A motion was offered by Councilman Sanz and seconded bv Assistant Mayor Blachar to approve
Tab H. The motion carried (4-0).
6. PUBLIC HEARINGS:
Quasi -Judicial Public Hearings: None.
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: The following Ordinance
was read by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
BAL HARBOUR VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION
2-191 "SCHEDULE CIVIL PENALTIES" OF ARTICLE V "CODE
ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION", AND BY AMENDING
ARTICLE IV "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 19
"TRAFFIC AND MOTOR VEHICLES" TO ENSURE CONSISTENCY WITH
SECTION 316.0083, FLORIDA STATUTES, "THE MARK WANDALL TRAFFIC
SAFETY ACT", AS AMENDED BY THE FLORIDA LEGISLATURE THROUGH
THE ENACTMENT OF CS/CS/HB HOUSE BILL 7125 DURING THE 2013
LEGISLATIVE SESSION; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR CLERK DESIGNATED; PROVIDING FOR SAVINGS;
PROVIDING FOR AN EFFECTIVE DATE.
Ba1 Harbour Village Special Council Meeting Minutes 07/02/2013 3
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve the Ordinance.
Mayor Rosenfield opened the public hearing.
Dina Cellini - 211 Bal Cross Drive, suggested that Section 9 be amended to require a
$100 minimum administrative fee, if an infraction was upheld, and for the rest to be
discretionary.
Assistant Mayor Blachar spoke in favor of the amount remaining to be at the discretion of
the Special Master.
Mr. Smith discussed possibly increasing the fee for the Special Master (from $100.00 to
$500.00).
Neil Alter- 9801 Collins Avenue, spoke in favor of the $100 charge and noted that if the
Special Master was underpaid that was a separate issue.
There being no additional comments, Mayor Rosenfield closed the public hearing.
Councilwoman Cohen spoke against the $100.00 charge.
Mr. Weiss noted that the Council could have a separate discussion for the Special Master
fee, on another agenda.
The motion carried (4-0), with the roll call vote as follows: Assistant Mavor Blachar yes;
Councilwoman Cohen yes; Councilman Sanz yes; Mayor Rosenfield yes; Councilman Packer
absent; thus becoming Ordinance No. 2013-568.
Ordinances First Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: The following
Ordinance was read by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 10 "MARINE STRUCTURES, ACTIVITIES AND WAYS," AMENDING
ARTICLE II "USE OF PUBLIC BEACHES" TO AMEND SECTION 10-26
"DEFINITIONS" AND TO CREATE SECTION 10-34 "BEACH STORAGE"
REGARDING STORAGE WITHIN THE PUBLIC BEACH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield explained that the Quarzo Hotel had requested to place a storage box on
the beach.
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to
approve.
Mr. Smith explained Mr. Arcila's request for a storage box, since they were the only Village
Bal Harbour Village Special Council Meeting Minutes 07/02/2013 4
hotel that was not a beachfront property.
Juan Arcila - Bal Harbour Quarzo Managing Partner, requested approval.
Mr. Weiss explained that the question was if the Council wanted to allow Village hotels,
without oceanfront property, to place storage boxes on the beach.
Ree Stoppa - 77 Camden Drive, questioned if the Village would also provide a storage
box for the residents on the west side, since a beach access path was closed for
construction of the Consultatio project.
Dina Cellini - 211 Bal Cross Drive, questioned the location of the Quarzo's storage box.
Mr. Smith noted that it would probably be behind the ONE, on the public beach. Ms. Cellini
spoke in favor of the requirements applying to all the storage boxes for maintenance, etc.
She also spoke in favor of uniformity.
Mr. Weiss will check to see if there was an Ordinance for the storage boxes for the
oceanfront properties.
Lori Mobley - Code Enforcement Officer questioned if an employee of the Quarzo would
be at the site of the storage box. Mr. Arcila advised that someone would be there.
Brian Mulheren -10245 Collins Avenue, discussed concern with the location of the box
preventing the sand from being cleaned. He spoke in favor of uniformity for placement, etc.
of all the storage boxes.
Raj Singh - 53 Camden Drive and Sea View Hotel, spoke against approval, since he
didn't see the rationale for storage for a building that wasn't on the oceanfront.
Councilman Sanz discussed the lack of space and crowding the beach. Assistant Mayor
Blachar noted that was addressed in the Ordinance.
Assistant Mayor Blachar spoke in favor of approval, limited to the hotels. Mr. Weiss
clarified that the Ordinance was limited to a hotel or apartment/hotel.
Johanna Lundgren —Village Attorney, explained an apartment hotel, which the Quarzo
was. She added that the Quarzo was the only apartment hotel allowed in the Village, per
the Code.
Councilwoman Cohen discussed the deterioration of the current storage boxes on the
beach. She displayed pictures showing the lack of uniformity and noted that it wasn't up to
Bal Harbour's standards.
Mayor Rosenfield spoke in favor of an Ordinance for the condominiums, for uniformity for
the oceanfront properties. Councilwoman Cohen suggested that the Architectural Review
Board provide input.
Assistant Mayor Blachar suggested that the proposed Ordinance be passed and then the
Council could create a new Ordinance for all of the storage boxes, to address uniformity,
etc. Mr. Weiss noted that the current storage boxes were on private property.
Assistant Mayor Blachar made it clear to Mr. Arcila that he may need to change his storage
Bal Harbour Village Special Council Meeting Minutes 07/02/2013 5
box, if the Ordinance was changed in the future. Mr. Arcila agreed.
Councilman Sanz spoke in favor of approval, but requested an Ordinance that would also
address the other storage boxes. Mr. Weiss requested direction on a new Ordinance for all
of the storage boxes. Mr. Smith will consult with architects, etc. to provide ideas.
Councilwoman Cohen also offered to work with some architects to come up with some
ideas.
The motion carried (4-0), with the roll call vote as follows: Assistant Mayor Blachar ves;
Councilwoman Cohen yes; Councilman Sanz ves; Mayor Rosenfield ves; Councilman Packer
absent.
Tab E - Motion Approving Recommendations of Gated Residential
Section Advisory Committee (RAC): Approval was requested for the following
recommendations of the RAC:
• ABDI Residential Web Connect Computer Application
(plus the cost for an Internet connection at the Guardhouse)
• Mobile Access Control System
• Enhanced Video Monitoring Equipment
• Video Monitor
$275.00 monthly
$3,855.00
$4,189.00
$35.00 monthly
$1,074.00
Anamarie Stoppa - 77 Camden Drive, spoke against the item being on the consent
agenda and questioned the authority of the RAC. She discussed documents she provided
to Mr. Weiss and that she thought it was a prescriptive easement. She discussed the
problem with the Village performing the task for private property and noted that other
residents were tired of paying for the Gated Area (lights, water, curbing, etc.). She spoke in
favor of a competitive bid for security. She questioned who would sign the contract. Ms.
Stoppa noted that Miami Beach Heights had the reverter clause and the properties of the
streets were given and reverted back to Miami Beach Heights. She requested the Council
to straighten the matter out by law.
Mr. Smith reported that the Village was paid a fee for the Gated Area items ($30,000
annually), which staff was reviewing. He noted that he would be the one to sign the
contract, on behalf of the Gated Area.
Neil Alter - 9801 Collins Avenue, requested information on the recommended items.
Stuart Sobel - 271 Bal Cross Drive and RAC Member, explained the concept of standing
and the people having an interest in the subject matter. He noted that Mr. Alter and Ms.
Stoppa did not live or pay the assessment in the Gated Area. He added that the Gated
Area paid the Village for its services. Mr. Sobel explained that the items were needed to
improve the security and would be paid by the Gated Area.
Ms. Stoppa believed that she had standing.
Ira Lelchuk -169 Camden Drive and RAC Member, discussed the improvements needed
for the Gated Area and to improve the traffic on Collins Avenue, by alleviating the backup
at the gate.
Bat Harbour Village Special Council Meeting Minutes 07/02/2013 6
Mayor Rosenfield clarified that the items would be paid with Gated Area funds.
Steve Greenberg - 9800 Collins Avenue, discussed concern with Village staff being used
for the Gated Area items and spoke in favor of the Gated Area hiring their own staff.
Assistant Mayor Blachar discussed the RAC, which was formed by the Council.
Councilwoman Cohen spoke in favor of improving technology, but voiced concern about
the RAC directing the Village Manager and Police. She requested that the Village staff
assisting the Gated Area be evaluated.
Mr. Sobel explained that the Gated Area paid for the Village staffs assistance and the
Police were authorized to patrol in the area. He noted that the Gated Area could paymore
for services, in the next budget cycle, if needed. He pointed out that the Gated Area
residents were entitled to the same things as other Village residents (Police service, etc.).
Councilwoman Cohen discussed items that the Police were doing that were not patrolling
or paid for.
Mayor Rosenfield noted that Mr. Smith was auditing the $30,000.00 administrative fee that
the Gated Area paid, to see if that was a good amount for Village staffs services.
Councilman Packer arrived.
Councilwoman Cohen spoke against the Police handling the eGO passes, since the Gated
Area was private.
Mayor Rosenfield explained that the question of if the Gated Area was using excess staff
time would be assessed, in correlation to the fee that the Village was paid to provide those
services.
Assistant Mayor Blachar requested approval of the items and noted that the Police were
not involved with the recommendations on the agenda.
Mr. Smith will come back with a report.
Councilman Packer had no objection to improved security, but questioned who would own
the items when they were purchased. Mr. Weiss explained the unusual arrangement with
the Gated Area (the Village assessed residents in the Gated Area and was paid a fee to
provide administrative services). He noted that the Village would own the equipment, not
the Gated Area residents, because it was part of an assessment by the Village.
Councilman Packer suggested that the item be delayed, until things were straightened out,
since he didn't think that the Village had the right to purchase those items. He pointed out
that it was Kent Security's job to provide the equipment and bill for it.
Mr. Weiss suggested that Kent Security provide a proposal to include the recommended
items in their contract monthly fee, so Kent would be purchasing the items not the Village.
Assistant Mayor Blachar and Councilman Sanz spoke in favor of doing so.
Mr. Smith questioned if the Security Enhancement funds, within the Gated Area fund, could
be used. Mr. Weiss will look into it.
Ba1 Harbour Village Special Council Meeting Minutes 07/02/2013 7
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Discussion of Health Insurance Coverage: Lloyd Rhodes -
Rhodes Insurance Group President (Village Consultant), discussed the current carrier
Florida Blue. He reported that the Village did a Request for Proposals in 2011. He noted
that the initial renewal was a 19.7% increase, which had been negotiated to an 8.3%
increase, which was below the annual trend for South Florida. He spoke against going out
for proposals. He recommended that the Village renew the existing plan for one year,
effective October 1, 2013. He added that Larry Deets, Village Consultant, had also
concurred with his recommendation.
Mr. Smith agreed with the recommendation and suggested approval.
Neil Alter - 9801 Collins Avenue, requested the cost. Mr. Rhodes reported that the
Village's contribution would be $484,621.00
A motion was offered bvAssistantMavorBlachar and seconded by Councilman Sanz to approve.
Councilman Packer questioned the addition of Obamacare in October. Mr. Rhodes clarified
that the mandated coverage had been delayed one year.
Councilman Sanz noted that Mr. Rhodes did a great job with negotiating, since the private
sector was paying a lot more money.
The motion carried (5-0).
Abraham Gotman - 9601 Collins Avenue, suggested that a professional negotiate, to see
what the Village was getting for the money.
Mr. Smith reported that the Village had a private consultant (Lary Deets), who reviewed
the proposals provided by Mr. Rhodes.
Assistant Mayor Blachar noted that she worked in a doctors office and she knew that the
plan had good benefits, at a good cost.
Request for Authorization to Award Bid for the Collins
Avenue Water Transmission Improvement Project: Peter Kunen — Craig A. Smith
& Associates (Engineering Consultant), discussed the three bids received for the twelve
inch water main project on Collins Avenue. He recommended that the bid be awarded to
TB Landmark Construction Inc. ($599,493.00), which was the lowest bidder. He reported
that the project was a budgeted item.
A motion was offered bvAssistant Mayor Blachar and seconded by Councilman Sanz to approve.
Raj Singh - 53 Camden Drive, questioned if the company had a history of submitting
Ba1 Harbour Village Special Council Meeting Minutes 07/02/2013 8
change orders, which would affect the projects amount. Mr. Kunen reported that a prior
project had change orders, due to additional requirements by the City of Miami Beach.
Councilman Packer questioned if there was a percentage limit on the amount/number of
change orders that could be submitted. Mr. Kunen noted that if there was more than a ten
percent increase then they would have to provide a good reason. He added that any
change orders would have to be approved by the Council.
Mr. Singh suggested that the Village investigate the Contractor's track record for change
orders and the amount, so they would not be able to low ball the amount.
Councilman Sanz suggested that the contract be made tighter. Mr. Kunen discussed the
scope of service and noted that it was already a tighter contract, by the type of work, etc.
Councilwoman Cohen questioned if the Village had an Ordinance that required sealed
bids. Mr. Smith explained the sealed bid process, versus obtaining prices.
The motion carried (5-0).
Request to Authorize Execution of Change Order #2 for
Bus Shelter Contract: Peter Kunen — Craig A. Smith & Associates (Engineering
Consultant), reviewed the change order for additional work on the bus shelter project, at a
cost of $399,304.42.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve. The
motion carried (5-0).
Councilwoman Cohen discussed the high cost for the pavers. Mr. Kunen explained that
was the installed cost of the pavers, which involved a lot of work. Councilwoman Cohen
thought that the pavers were very ordinary. Councilman Packer agreed that the cost was
high, but discussed the need to proceed with the project. Mayor Rosenfield agreed, but
noted that the project hadn't been managed properly from the beginning. Councilman
Packer discussed the uniqueness of the shelters.
Brian Mulheren —10245 Collins Avenue, noted that the Contractor and their work were
excellent.
Discussion of Video Technology Equipment for Council
Chamber: Mayor Rosenfield requested that the item be delayed, for further review.
Councilman Packer discussed the ability to view video of the Village meetings.
Councilwoman Cohen spoke in favor of embracing technology, to increase participation.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve
the proposal by BIS Digital.
Lynne Bloch -Mullen -10150 Collins Avenue, spoke in favor of approval.
Anamarie Stoppa - 77 Camden Drive, spoke in favor of approval, to at least have it on
television or some network.
Dan Holder - 24 Bal Bay Drive, spoke against approval.
Bal Harbour Village Special Council Meeting Minutes 07/02/2013 9
Isaac Salver -10155 Collins Avenue and Bay Harbor Councilman, spoke in favor of
approval.
Brian Mulheren -10245 Collins Avenue, spoke in favor of approval.
Councilwoman Cohen again spoke in favor of approval, to broadcast on the Internet.
Councilman Sanz spoke against approval, to allow more time for review. Councilman
Packer agreed that it could be delayed until the next meeting. Assistant Mayor Blachar
spoke against approval.
Mayor Rosenfield discussed mixed reviews from other municipalities, regarding providing
video of their meetings online. She also thought that it made it easier for people not to
attend the meeting.
Councilman Packer agreed that Council should not be able to participate in meetings, via
Skype.
Councilwoman Cohen questioned if any municipality had revoked providing video of their
meetings online. Mayor Rosenfield noted that she hadn't seen an outcry to provide video of
the meetings.
Councilwoman Cohen withdrew her motion. Councilman Packer withdrew his second to the
motion.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to defer the
item until October. The motion carried (5-0).
Request for Authorization to Execute an Interlocal
Agreement with Miami -Dade County Related to the Sand Transfer Operation:
This item was removed from the agenda, at the beginning of the meeting.
Update on Solid Waste Services: Marc Wexler - Pro
Resource Solutions LLC, reviewed his report. Assistant Mayor Blachar hoped that they
continued to improve their services.
Dina Cellini - 211 Bal Cross Drive, had seen improvements, but discussed bins that were
still pulled to the curbside (in the Gated Area) and left until the truck came. She noted that
the contract provided that the company have a recycling program, not the Village.
Mr. Wexler reported that Choice had agreed to provide a recycling program.
Councilwoman Cohen suggested that a mailing be done, to provide information on bulk
day.
Mr. Smith clarified that Mr. Wexler worked for the Village, not WSI (Choice).
Councilman Sanz requested that the west side building managers be contacted, for input.
Neil Alter — 9801 Collins Avenue, questioned Mr. Wexler's compensation. Mr. Smith
Bal Harbour Village Special Council Meeting Minutes 07/02/2013 10
clarified that Choice was reimbursing the Village for Mr. Wexler's costs.
Brian Mulheren —10245 Collins Avenue, complained that the Harbour House containers
were overflowing. He thought that it was a conflict for Mr. Wexler to work for the Village and
be paid by WSI (Choice). Councilwoman Cohen suggested that Mr. Mulheren accompany
WSI (Choice) and provide input.
Damian Ribar — Waste Services International (WSI) Area Manager, clarified that Mr.
Wexler was not their consultant and he had offered to reimburse the Village for Mr.
Wexler's costs, as a sign of good will.
Discussion of Upcoming Meeting Dates: Mr. Smith
requested direction on several upcoming meeting dates. Mayor Rosenfield discussed
separation of church and state and spoke against printing a calendar that only showed one
religion's holiday.
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to
change the Regular Council Meeting from July 16th to July 17`h, at 7:00 p.m. and to also change
the Budget Committee Meeting from July 17th to July 164, at 7:00 p.m. The motion carried (5-0).
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to
schedule the Council Budget Workshop Meeting for August 20, 2013, at 7:00 p.m. The motion
carried (5-0).
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to
schedule the First Budget Hearing for September 12, 2013 at 5:01 p.m. and the Second Budget
Hearing/Regular Council Meeting for September 23, 2013 at 5:01 p.m. The motion carried (5-0).
Update on Village Newsletter: Mr. Smith will provide money,
in the upcoming budget, to mail the Village Newsletter out next year.
Discussion of Agreement with PEAR Programs to
Provide Park and Recreation Management and Staffing: Mr. Smith discussed
outsourcing the Park program at a cost of $196,296.00, which would provide a savings of
approximately $50,000.00. He reported that the Village's Park Director would be retiring on
August 2nd
Shelley Erasmus - PEAR Founder/Director, explained the program.
Mayor Rosenfield reported that Erik Soroka, Aventura City Manager, provided a favorable
recommendation.
Brian Mulheren —10245 Collins Avenue, suggested that the item be bid out and more
residents provide input.
Dan Holder — 24 Bal Bay Drive, requested that the noise created by Park events
continued to be considered.
Raj Singh — 53 Camden Drive, questioned if residents would pay anything additional for a
party at the park or if the company had expected additional income from charging residents
Bal Harbour Village Special Council Meeting Minutes 07/02/2013 11
for items.
Mr. Smith reported that residents paid a nominal fee now for parties.
Ms. Erasmus explained that there would be no additional fees, unless programs were
added that the Village wanted to charge residents for.
Dina Cellini — 211 Bal Cross Drive, spoke in favor of holding off and providing a
comprehensive evaluation of the Park needs. She thought that the Village may not be
getting the same amount of services. She voiced concern with letting employees go.
Councilman Packer questioned if the Village special events would be included in the cost.
Ms. Erasmus advised that Village events could be provided, for an additional cost.
Councilwoman Cohen suggested that the Park's programs be reviewed, to determine their
success. She would like more time to review the proposal, etc. She questioned the need
for the Recreation Center.
Mr. Smith reported that Aventura's Park Director and City Manager had provided good
reviews on PEAR. He noted that the Recreation Center was needed for the Park office, as
well as the restroom facility for the Park. He noted that restrooms for the Park had been
suggested in the past.
The Council discussed the Park staff. Councilwoman Cohen would like to review the Park
program and provide her evaluation in September. Mr. Smith discussed the need for a
Director in the Department, once the current Director retired. The Council spoke in favor of
staff covering the Department, until it could be reviewed in September.
Seth Salver— 10155 Collins Avenue, suggested that a Request for Proposals be done.
Michael O'Quinn — Director of Park. Recreation, and Transportation, reviewed his job
duties. He discussed the urgency of the repairs needed for the Park facilities.
Councilman Packer commended Mr. O'Quinn on his performance.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to delay the item,
for further study.
Mr. Weiss discussed the need for review of a full agreement, before it came back.
Mayor Rosenfield discussed the possibility of a short term agreement (3-6 months).
Ms. Cellini suggested that the Village staff be maintained, until an informed decision was
made. She discussed other items that Mr. O'Quinn handled, which were not covered in the
PEAR contract.
The Council discussed the need to improve the Park facilities and the possibility of a
workshop meeting for resident input. Assistant Mayor Blachar explained that was done in
the past, but nothing happened.
Mr. Smith will come up with a program on how to facilitate finding out what the residents
wanted for the Park.
Bat Harbour Village Special Council Meeting Minutes 07/02/2013 12
The motion carried (5-0).
Councilwoman Cohen offered her assistance, before the item came back to the Council.
Discussion of Recommendation of the Budget
Committee: This item was removed from the agenda, at the beginning of the meeting.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of July 2, 2013: The list
of lobbyists was provided in the agenda.
C. VILLAGE ATTORNEY:
Update on Park Land in Front of Guardhouse to Gated
Residential Area: Mr. Weiss reported that the item was being worked on and would be
presented at the September Council meeting.
Anamarie Stoppa — 77 Camden Drive, thought that the Village had a right to that park
and it was a prescriptive easement. She requested that the Council give permission for Mr.
Weiss to review the documents she provided. Mr. Weiss explained that Ms. Stoppa had the
opinion that the Village had certain rights to the park lands and roads included in the
residential platt (residential area), by operation of law. Ms. Stoppa explained that by the
Gated Area residents allowing the Village to pay for certain items in the Gated Area the
Village had certain rights. She noted that the Developer owned the land and had the
reverter clause. Ms. Stoppa noted that until 1966, the Village had no authority to do
anything in the Gated Area, but the roads were never closed until the gates were installed
by the Club and there was public access to those roads. She noted that the 20 years of
continual use by the public could be used for a prescriptive easement. She discussed the
years the Village maintained the parks in the Gated Area. She requested that the Council
look into the issue.
Mrs. Horvath left the meeting.
Ms. Stoppa noted that nobody had the authority to speak on behalf of the Gated Area
owners, because there was no homeowner's association established by the Developer.
She urged the Council to let Mr. Weiss review her documents.
Neil Alter— 9801 Collins Avenue, commended Ms. Kelly for her efforts and suggested
that she be compensated for her review of the minutes. He also requested that the Council
direct Mr. Weiss to review the documents provided.
Dina Cellini — 211 Bal Cross Drive, objected to Mr. Alters and Ms. Kelly's position. She
spoke against residents trying to damage the lifestyle of other residents. She noted that
both Ms. Kelly and Councilwoman Cohen had lived in the Gated Area and didn't object to
those items then. She believed that they had waived their right to make the argument. Ms.
Cellini noted that if there was an objection to the amount of money that the Village was still
paying the Gated Area, then that should be the focus. She believed that there were other
solutions to the problem, since it was an issue that could affect hundreds of the Village
residents negatively. She added that if the Village residents believed that their contributions
allowed them access via foot into the Gated Area, then they should be given an opportunity
Bat Harbour Village Special Council Meeting Minutes 07/02/2013 13
to consider that as a solution, instead of the request by Ms. Kelly. She urged the Council
not to follow Ms. Kelly's request.
Councilwoman Cohen noted that Ms. Kelly and Ms. Berkowitz had reviewed prior minutes
and Ms. Kelly was proposing that the Village find out what was intended for that area.
Ms. Cellini pointed out that there were ways to resolve the issue, such as increasing the
Village's administrative fee for that area, etc. She was open to a legal opinion on how the
Gated Area could police themselves, if the RAC had the power to create ex-officio
committees to do that. She offered her efforts to do that. Ms. Cellini added that the
Village's compensation for water, electricity, etc. could be evaluated. She urged the
Council to consider alternatives, in lieu of directing Mr. Weiss to review the items.
Dan Holder — 24 Bal Bay Drive and RAC Member, noted that the ownership of the
streets and other parks in the Gated Area was another issue. He discussed the purpose of
the RAC and noted that the Gated Area was paying for Village services. He noted that the
residents in the Gated Area had bought properties there with security, etc. in mind and this
could potentially remove the security and affect property values. He urged the Council to
maintain what was necessary to allow people to receive their expectations when they
moved into the Gated Area.
Assistant Mayor Blachar suggested that the item be deferred to the September meeting,
due to the time. It was against the consensus of the Council to do so.
Raj Singh — 53 Camden Drive, voiced disappointment in the direction of the issue. He
spoke against continuing the discussion, since a lot of people didn't know it would be
discussed. He explained that a lot of people bought in the Gated Area, with the gate in
place. He thought that the discussion should be publicized. He pointed out that the Gated
Area also paid ad valorem taxes. He added that if the Gated Area didn't receive the
services, then maybe they should create their own Village. He spoke against pushing the
issue.
Councilman Packer discussed the park area in front of the guardhouse, which was the
subject of the discussion. He didn't think that if the Village acquired the park area that it
should open up anything else. He noted that the gates had been in operation, etc. He
thought discussion of the gates was out of order.
Mr. Weiss explained that the Village Attorneys had identified a way for the Village to have
ownership/control of that piece of property, without going into the issues that Ms. Kelly had
raised. He discussed the critical decision of the Council on whether or not to review those
items.
Mayor Rosenfield questioned if the homeowners could approve the Council using that park
area. Mr. Weiss explained that the problem was that the Village couldn't get all the
homeowners to approve. He clarified that he had previously reported that the parks were
owned by the former trustees of the development corporation that didn't exist anymore. He
noted that the Village Attorneys had a way of doing this that didn't raise the issues, but Ms.
Kelly was asking the Council to go beyond that.
Councilwoman Cohen summarized that they were working towards creating a green space
for everyone in the Village, in front of the guardhouse.
Bat Harbour Village Special Council Meeting Minutes 07/02/2013 14
D. MAYOR AND COUNCIL:
Discussion of Bus Shelter Ribbon Cutting — Mayor
Rosenfield: Mayor Rosenfield spoke against having a ribbon cutting ceremony when the
bus shelters were completed.
Assistant Mayor Blachar suggested that the remaining items be deferred to the next
meeting, due to the time and the Village Clerk's absence. Councilwoman Cohen spoke
against doing so.
Assistant Mayor Blachar left the meeting.
Update on Bus Shelters — Councilman Sanz: This item was
previously discussed earlier in the meeting.
Discussion of Police Officer at Council Meetings —
Councilwoman Cohen: Councilwoman Cohen suggested that the Police Officer be
located outside the door, not at the front of the room. It was the consensus of the Council for
the Police Officer to be in the back of the room, inside the door.
Discussion of Architectural Review Board Posting
Requirements — Councilwoman Cohen: Councilwoman Cohen requested better signs,
for notice of the Architectural Review Board meeting hearings.
Brian Mulheren —10245 Collins Avenue, discussed the small size of the current posting
and requested that a proper sign be used.
Mr. Weiss noted that the Village Code needed to be updated. He will provide samples of
what other communities did, for the Council to provide direction for an Ordinance.
Discussion of Architectural Review Board Membership -
Councilwoman Cohen: Councilwoman Cohen spoke in favor of amending the Village
Code, to allow the Architects on the Board to present before the Board.
Mr. Weiss explained that the County Code of Ethics prohibited members from appearing
before their own Board. He discussed an exception for an Architect serving on the
Architectural Review Board. He explained that the Village would need to amend the
Architectural Review Board Ordinance, to allow the exception.
It was the consensus of the Council to provide an amendment to the Ordinance.
Discussion of Painting of the Haulover Bridge —
Councilwoman Cohen: Councilwoman Cohen discussed the need to paint the two walls,
on the sides of the Haulover Bridge. Mr. Smith reported that the Village would need an
agreement with FDOT, to paint the walls, and would have to agree to do it in perpetuity. He
will approach FDOT about an agreement.
Discussion of North Municipal Lot Landscaping —
Councilwoman Cohen: Councilwoman Cohen discussed the dead plantings that the
Ba1 Harbour Village Special Council Meeting Minutes 07/02/2013 15
ONE Bal Harbour had neglected, at the North Municipal Lot. She reported that the ONE
had been in violation of the Development Agreement with the Village, for maintenance of
that area, for three years.
Mr. Weiss will review the ONE Bal Harbour Development Agreement.
Assistant Mayor Blachar returned to the meeting.
10. OTHER BUSINESS:
Public Comment: No comments were provided.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blachar and seconded by Councilman Sanz to adjourn. The motion carried (5-0)
and the meeting was adjourned at 10:45 n.m.
Attest:
Ellisa L. Horvath, MN,,.dillage Clerk
Bal Harbour Village Special Council Meeting Minutes 07/02/2013 16