HomeMy Public PortalAbout2013-10-15 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - OCTOBER 15, 2013
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, October 15,
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 7:02
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Councilman Jaime M. Sanz
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 Dr. Maria
Rodriguez.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: This item
was discussed later in the meeting.
4. SPECIAL PRESENTATIONS:
Officer of the Month for July 2013: Chief Daddario presented
Officer Andrew Kuncas with the Officer of the Month plaque.
Presentation from Dr. Maria T. Rodriguez, Principal - Ruth K.
Broad Bay Harbor K-8 Center: Dr. Rodriguez thanked the Council and residents for
their support for the nurse at their school, new playgrounds, police department
involvement, and the PAL program.
Department of Justice Update — Dan Gelber, Gelber Schachter
& Greenberg, P.A.: This item was discussed later in the meeting.
Village Manger Contract — Sean Baenziper, Colin Baenziger &
Associates: Sean Baenziger discussed the Village Manager employment contract
negotiated with Jorge Gonzalez.
A motion was offered by Mayor Rosenfield and seconded by Assistant Mayor Blachar to defer the
contract. until the November meeting, for further review.
Bal Harbour Village Regular Council Meeting Minutes 10/15/2013 1
The following members of the public spoke in favor of deferring the contract:
Stanley Tate - 9999 Collins Avenue
Ira Lelchuk -169 Camden Drive
Alberto Kamhazi - 52 Camden Drive, 131 Bal Cross Drive, 138 Park Drive, and
10175 Collins Avenue #1207 and #1104
Anamarie Kelly Stoppa - 77 Camden Drive (defer for one week as a compromise)
Doug Rudolph - 212 Bal Bay Drive
The following members of the public spoke against deferring the contract:
Dina Cellini - 211 Bal Cross Drive
Neil Alter - 9801 Collins Avenue
David Kwiat - 10185 Collins Avenue
Brian Mulheren -10245 Collins Avenue
Raj Singh - 53 Camden Drive
Lynne Bloch -Mullen - 10150 Collins Avenue
Beth Berkowitz - 10160 Collins Avenue
Ralph Hertz - 10185 Collins Avenue
Steve Greenberg - 9800 Collins Avenue
Raj Singh — 53 Camden Drive and Budget Committee member, clarified that the
specific contract for Mr. Gonzalez was not reviewed by the Budget Committee, but the
salary and benefits were budgeted for.
Assistant Mayor Blachar spoke in favor of Mr. Gonzalez, but voiced concern regarding the
contract cost and the pension language. She suggested that the contract be deferred for
one week as a compromise, for review by the Budget Committee, and for a special Council
meeting to be scheduled. Mayor Rosenfield spoke in favor of further review regarding the
pension, termination, and outside consulting provisions.
Mr. Baenziger reviewed the pension clause (Section 8), which differed from the plan for the
general employees, by providing for immediate vesting and a defined contribution to Mr.
Gonzalez's choice. Councilman Packer spoke in favor of the pension clause.
Councilwoman Cohen spoke in favor of the contract and against delaying the item. Mayor
Rosenfield spoke in favor of Mr. Gonzalez, but would like further review of the contract,
with specific concems regarding Mr. Gonzalez's ability to have a consulting business
without any stipulations.
Mr. Baenziger explained that Mr. Gonzalez had agreed to a binding memorandum to the
contract, regarding Council approval for outside activities.
Mayor Rosenfield withdrew her motion. Assistant Mayor Blachar withdrew her second to the
motion.
A motion was offered by Mayor Rosenfield and seconded by Assistant Mayor Blachar to delay the
contract for one week for review by the Budget Committee. The motion failed (2-3), with the roll
call vote as follows: Assistant Mayor Blachar yes; Councilwoman Cohen no; Councilman Packer
no; Councilman Sanz no; Mayor Rosenfield yes.
Mr. Weiss clarified that if the Council wanted to require prior approval of outside work, then
that would have to be included in the contract. Mr. Weiss reviewed Mr. Gonzalez's email
Bat Harbour Village Regular Council Meeting Minutes 10/15/2013 2
regarding outside activities.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to accept
what Mr. Gonzalez had suggested in his email, regarding Outside Activities (notify the Council via
memo prior to accepting outside employment and if the Council was concerned about it, that
would be placed on a Council agenda for a vote. Current and existing assignments would be
deemed approved and would not require any further Council action).
Stanley Tate — 9999 Collins Avenue, spoke in favor of deferring the contract for a week
and against outside consulting and the salary amount.
Beth Berkowitz —10160 Collins Avenue, spoke in favor of allowing outside consulting
work.
Brian Mulheren —10245 Collins Avenue, spoke in favor of allowing outside consulting
work and approving the contract.
Alberto Kamhazi - 52 Camden Drive, 131 Bal Cross Drive, 138 Park Drive, and 10175
Collins Avenue #1207 and #1104, spoke in favor of delaying the contract one week and
against allowing outside consulting work during Village hours.
The motion carried (5-0).
Neil Alter - 9801 Collins Avenue, spoke in favor of approving the contract.
Mr. Baenziger continued review of the contract.
A motion was offered by Mayor Rosenfield to change the $25,000.00 bonus (Section 5.6), to the
discretion of the Council. The motion failed, due to the lack of a second.
Mr. Weiss clarified that Mr. Gonzalez would receive life insurance.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the contract, with the added clause regarding Outside Activities.
Ira Lelchuk -169 Camden Drive, spoke in favor of further review of the contract.
Mr. Baenziger clarified that Mr. Gonzalez would receive the COLA, at the same time the
other general employees received it.
Dina Cellini - 211 Bal Cross Drive, spoke in favor of the contract.
Neil Alter- 9801 Collins Avenue, reported that the COLA for Medicare was approximately
1.2%, so the Village's COLA would probably be less than three percent.
Chris Wallace - Finance Director, suggested that language be added to Section 8 that
the Village's contribution would be subject to any limits that may be imposed by federal or
state law. Mr. Weiss agreed that should be added.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to add
language to Section 8 that the contribution would be subject to any limits that may be imposed by
federal or state law. The motion carried (5-0).
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The motion to approve the contract, as amended, carried (5-0), with the roll call vote as follows:
Assistant Mayor Biachar yes: Councilwoman Cohen yes; Councilman Packer yes; Councilman
San yes: Mayor Rosenfield yes.
Mayor Rosenfield still had some reservations about the contract. She will contact Mr.
Gonzalez regarding the approval of his contract.
Department of Justice Update — Dan Gelber (Gelber Schachter
& Greenberg, P.A.): Mr. Gelber discussed the asset forfeiture program and two of the
Department of Justice (DOJ) allegations regarding money spent from the wrong account
and insufficient documentation for overtime paid out of the account. He reported that
written confirmation had not been received yet, but the Department of Justice had indicated
verbally that they would not be requesting any additional funds from the Village of taxpayer
dollars. He reported that the DOJ would also be making a decision regarding the points
account. He added that he was contacted by another component of the DOJ requesting
information, but didn't expect anything would come from that. Mr. Gelber clarified that the
Village would not receive the money that was in the pipeline.
Doug Rudolph - 212 Bal Bay Drive, requested clarification on several items. Mr. Gelber
clarified that items would be clarified in the letter including anything the Village purchased
or donated with that money could be kept and the DOJ wasn't requesting any taxpayer
dollars, but were looking at the points account, which wasn't taxpayer dollars. Mr. Rudolph
requested the amount the Village received, still had, and the benefits of the program, once
the DOJ letter was received.
Councilman Packer suggested that $30,000.00, of the money budgeted for the DOJ
investigation, be donated to the PAL program, once the issue had been closed. Mayor
Rosenfield noted that it had also been suggested that money be used to pay for the legal
fees, so no taxpayer dollars would be used.
Assistant Mayor Blachar commended the Police Department for preparing and providing
the documents quickly. Mr. Gelber commended Mr. Smith for involving Marcum, the Village
auditors, in the process.
Stanley Tate — 9999 Collins Avenue, commended Dan Gelber on his work.
Brian Mulheren - 10245 Collins Avenue, questioned if the overtime was justified and
voiced concern with inflated pensions, which would be taxpayer money. He added that
other agencies of the DOJ were still reviewing it and the letter wasn't received, so the issue
wasn't over. Mr. Gelber agreed that the Village still needed to receive the letter.
Dina Cellini - 211 Bal Cross Drive, questioned if Mr. Gelber's representation of the
Village would be expanded, for him to confer and negotiate with other federal agencies.
Mr. Gelber clarified that the initial report with the allegations was sent to a lot of
components of the Justice Department, which had requested documents. He reported that
up to 90% of the overtime slips were substantiated.
Alberto Kamhazl - 52 Camden Drive, 131 Bal Cross Drive, 138 Park Drive, and 10175
Collins Avenue #1207and #1104, commended the Police Department and the results of
Bat Harbour Village Regular Council Meeting Minutes 10/15/2013 4
the investigation. He spoke in favor of forming a committee, to address the needs of the
Police Department.
AGENDA: REQUEST FOR DELETIONS/ADDmONS: None.
5. CONSENT AGENDA: Mr. Smith requested approval for items C through F
on the agenda.
Neil Alter - 9801 Collins Avenue, requested that Tab D be removed.
Brian Mulheren —10245 Collins Avenue, requested that Tab E be removed.
Approval was requested for the following remaining items:
Tab C: Minutes: Special Council Meeting (09/10/2013)
Second Budget Hearing (09/23/2013)
Regular Council Meeting (09/23/2013)
Tab F: Lease agreement with Toshiba Business Solutions (State Bid) at $124.86
monthly, for 36 months (Accounting Department copier).
A motion was offered by Councilman Sanz and seconded by Councilwoman Cohen to approve
Tabs C and F, on the Consent Agenda. The motion carried (4-0), with Assistant Mayor Blachar
absent
Tab D — Motion Approvinq Resort Tax Committee Recommendations:
Mr. Smith requested approval for the following:
1. International Luxury Travel Mart (ILTM) Event $35,500.00
2. November "Movie on the Beach" Event $15,297.50
3. Web Site Renovations $32,850.00
4. Disposal of Surplus Bus
Carolyn Travis - Director of Tourism & Marketing, explained the recommendations.
Neil Alter — 9801 Collins Avenue, questioned if the movies were a viable expense. Ms.
Travis explained that the movies built equity for the Village's brand, provided public
relations value, etc. Assistant Mayor Blachar spoke in favor of the movies.
Raj Singh - 53 Camden Drive, discussed the importance of choosing the right dates for
the movies that wouldn't be a conflict.
David Kwiat - 10185 Collins Avenue, spoke in favor of delaying approval of the items,
until Mr. Gonzalez could review them.
Ms. Travis noted that two of the items were time sensitive. Councilwoman Cohen agreed
that the first two items were time sensitive, but spoke in favor of delaying the web site
renovation, until Mr. Gonzalez could review it.
Mr. Smith reviewed the recommendation for disposal of the surplus bus. Councilman Sanz
questioned if that bus could be used in place of the Village's bus. Assistant Mayor Blachar
Ba1 Harbour Village Regular Council Meeting Minutes 10/15/2013 5
suggested that Mr. Gonzalez make that decision.
Brian Mulheren - 10245 Collins Avenue, spoke in favor of Mr. Gonzalez reviewing the
bus, web site, and the movies. He suggested using the resort tax money for the beach
path, etc.
Mayor Rosenfield pointed out that some of the items were also for residents and discussed
the residents that served on the Committee, who had approved the recommendations.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to approve
items I and 2. The motion carried (5-0).
Tab E - Motion Authorizing Execution of a Maintenance
Memorandum of Understanding with Florida Department of Transportation for
Bridge Painting: Mr. Smith explained the agreement and requested approval of
$14,000.00 of resort tax funds, for Homestead Concrete to paint the Haulover Bridge.
Brian Mulheren - 10245 Collins Avenue, spoke in favor of painting, but against the
Village committing to continuously maintain the bridge. He suggested that the contract also
be clarified that the Village would only paint the walls.
Mayor Rosenfield, Assistant Mayor Blachar, and Councilman Sanz spoke against the
continuous commitment.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to defer the item,
until the next meeting. The motion carried (5-0).
Councilwoman Cohen discussed the immediate need to paint the walls. Councilman
Packer suggested notifying the FDOT about the deteriorated conditions and finding out
when they intended to paint the bridge. Mr. Smith noted that FDOT had advised that they
weren't aware of any plans to paint the bridge. Councilman Packer requested to receive
FDOTs maintenance parameters, for the bridge.
Dina Cellinl - 211 Bal Cross Drive, suggested that the Village Attorney be directed to go
back to FDOT, to clarify that the Village would paint the bridge from now on, but not every
year.
Neil Alter — 9801 Collins Avenue, suggested a letter writing campaign, with photos
showing the deterioration of the bridge.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to authorize
execution of the maintenance agreement and approval of resort tax funds to paint the bridge.
subject to Village Attorney review. The motion carried (5-0).
AFTER SCHOOL CARE: Debra Portnoy - 88 Camden Drive, spoke in
favor of an after school program and suggested that swimming classes be offered, at the
Sea View Hotel pool. Mayor Rosenfield noted that could be investigated, as well as
basketball at the park. Councilman Packer suggested that a Parks and Recreation
Committee be appointed, to formulate different plans. Mayor Rosenfield agreed, but noted
that should wait until the new Manager started.
Bat Harbour Village Regular Council Meeting Minutes 10/15/2013 6
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
CHAPTER 2 "ADMINISTRATION" OF THE BAL HARBOUR VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 2-301 "LOBBYISTS" OF ARTICLE VII
"LOBBYING" TO BE CONSISTENT WITH THE MIAMI DADE COUNTY ETHICS
CODE BY ELIMINATING THE LOBBYIST EXPENDITURE STATEMENT FILING
REQUIREMENT FOR LOBBYISTS THAT HAVE MADE NO LOBBYING
EXPENDITURE DURING A GIVEN REPORTING PERIOD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the Ordinance.
Mr. Weiss explained the Ordinance.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
The motion passed (5-0), with the roll call vote as follows: Assistant Mayor Blachar yes;
Councilwoman Cohen yes: Councilman Packer yes; Councilman Sanz yes: Mayor Rosenfield yes;
thus becoming Ordinance No. 2013-570.
The following Ordinance was read by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 5.5 "APPEARANCE CODE," ARTICLE III "ARCHITECTURAL
REVIEW BOARD," SECTION 5.5-13 "POWERS; DUTIES" AND SECTION 5.5-15
"CERTIFICATE OF APPROPRIATENESS, PROCEDURE FOR
CONSIDERATION" OF THE CODE OF ORDINANCES IN ORDER TO AMEND
THE DUTIES AND PROCEDURES OF THE ARCHITECTURAL REVIEW BOARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the Ordinance.
Mayor Rosenfield opened the public hearing.
Stanley Tate — 9999 Collins Avenue, suggested that the Ordinance require the majority of
Board members to be residents. Councilman Packer discussed the issue with finding
enough residents that would be qualified to serve on the Board.
Mr. Weiss explained the Ordinance.
Bat Harbour Village Regular Council Meeting Minutes 10/15/2013 7
There being no additional comments, Mayor Rosenfield closed the public hearing.
The motion passed (5-0). with the roll call vote as follows: Assistant Mayor Blachar yes;
Councilwoman Cohen yes; Councilman Packer yes; Councilman Sanz ves; Mayor Rosenfield yes;
thus becoming Ordinance No. 2013-571.
Ordinances First Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Budget Report for Fourth Quarter (Fiscal Year
2012/2013) Provided by Finance Director Christopher Wallace: Mr. Wallace
reviewed his report.
Dina Cellini - 211 Bel Cross Drive, pointed out that the Budget Committee had budgeted
$500,000.00 in the budget, in case the Village had to pay additional funds to the
Department of Justice.
Request for Ratification of Police Pension Board
Appointment: Mr. Smith requested ratification of Mr. Daniel Gold, as the fifth trustee to
the Police Officers' Pension Board. Mr. Weiss explained that the Village could not impose a
residency requirement on the fifth member.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to ratify the
appointment of Mr. Daniel Gold as a trustee of the Police Officers' Pension Board.
Brian Mulheren - 10245 Collins Avenue, suggested that the Council change the
Ordinance, to require residency. Mr. Weiss explained that couldn't be done, since the
designation was done per State law.
Councilwoman Cohen voiced concern that there would not be a majority representing the
interest of the Village.
The motion carried (5-0). This motion was discussed again later in the meeting
Presentation of Public Notice Signs for Architectural
Review Board Applications: This item was deferred, until the next meeting.
Discussion of Architectural Review Board
Recommendation: Mr. Smith explained the Board's recommendation to amend the
Village Code, to require Board review of the Business (B) District, which was currently
Ba1 Harbour Village Regular Council Meeting Minutes 10/15/2013 8
exempt.
Johanna Lundgren — Village Attorney, explained the recommendation to amend the
Code to provide for the Business District, including the Shops, to appear before the
Architectural Review Board.
Stanley Tate — 9999 Collins Avenue, expressed concern regarding the traffic that would
be created by the Shops expansion.
Mr. Weiss clarified that the expansion plans for the Shops had been delivered and were
public record, but nothing had been done yet.
Amy Huber, Attorney (Shubin & Bass — 46 S. W. 1 Street, Third Floor, Miami, FL)
representing the Bal Harbour Shops, spoke against amending the appearance code and
noted that the Village's site plan ordinance already required site plan review by the
Architectural Review Board, for the Business District. She explained the dramatic
difference and burden for the Shops and the Business District if the Code was changed,
which would require every building permit, not just exterior changes, to go before the
Board.
Ms. Lundgren reviewed the site plan ordinance and explained that the recommendation
would provide the Board with authority to review the Business District, for items other than
site plans. Mr. Weiss clarified that the recommendation would expand the Board's role in
the Business District, instead of their limited role under the site plan ordinance.
Mr. Weiss will provide the Council with a memo of the current requirements of the site plan
ordinance and the difference to the Business District, if the Code was amended.
A motion was offered by Councilwoman Cohen and seconded by Councilman Sanz to delay the
item, until the next meeting: The motion carried (5-0).
B. VILLAGE CLERK:
Lobbyist Registration Report: As of October 15, 2013:
The report was provided in the agenda.
C. VILLAGE ATTORNEY: Mr. Weiss requested that the issue of the park,
between the Gated Area guardhouse and Collins Avenue, be placed on the list of items for
Mr. Gonzalez to review.
Dina Cellini - 211 Bal Cross Drive, requested that the appointment of Mr. Gold to the
Police Pension Board be withdrawn and tabled until next month, to allow her time to
discuss a provision in Chapter 185 that may alter Mr. Weiss' opinion. She discussed the
possibility of amending the Village Code, to require that three of the five members be
Village residents. She agreed with Ms. Berkowitz that residents had a greater interest that
the plan was being run and operated properly.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to
reconsider the appointment of Mr. Gold to the Police Pension Board The motion carried (3-2),
with Assistant Mayor Blachar and Councilman Sanz opposed
Bat Harbour Village Regular Council Meeting Minutes 10/15/2013 9
D. MAYOR AND COUNCIL:
Miami -Dade County League of Cities Partnership with
Best Buddies — Assistant Mayor Blachar: Assistant Mayor Blachar discussed the
League's partnership with Best Buddies, to find jobs for people who were intellectually
disabled.
Dina Cellini - 211 Bal Cross Drive, questioned the employment process. Assistant Mayor
Blachar will provide the information.
Update on Bus Shelters — Councilman Sanz: Peter Kunen,
Village Engineer - Craig A. Smith & Associates, reported on the remaining items of
paver work, rainwater entering the shelters, inadequate lighting, and adding the square
pattern on the glass panels. He clarified that the benches could be modified, to provide for
additional seat divisions, but that would cost as much as buying new benches.
Beth Berkowitz - 10160 Collins Avenue, questioned the status of the pavers for the
blacktop area, at the comer of 96th Street and Collins Avenue. Mr. Smith will provide a
proposal for pavers, at the next meeting.
10. OTHER BUSINESS:
Public Comment: None.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Councilwoman Cohen to adjourn. The motion carried (5-0)
and the meeting. was adjourned at 11:26 p.m.
Attest:
Ellisa L. Horvath, MMC ' age Clerk
Bat Harbour Village Regular Council Meeting Minutes 10/15/2013 10