HomeMy Public PortalAbout2014-10-21 Regular MeetingBAL HARJ3OL1i
COUNCIL MEETING MINUTES
REGULAR MEETING - OCTOBER 21, 2014
The Regular Meeting of the Bal Harbour Village Council was held on October 21, 2014, at the Bal
Harbour Village Hall Council Chambers (655 — 96`h Street, Bal Harbour, Florida).
CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:04 p.m. by Mayor Rosenfield.
The following were present:
Also Present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Councilman Jaime M. Sanz
Jorge M. Gonzalez, Village Manager
Dolores M. Mejia, Interim Village Clerk
Richard Jay Weiss, Village Attorney
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bal Harbour resident Mrs.
Susan Packer.
Introduction of the new General Manager for the St. Regis Bal Harbour, Mr. Milton Sgarbi, was made.
REQUEST FOR ADDITIONS/WITHDRAWALS/REFERRALS:
Councilwoman Cohen advised that item R9B (Puppy Mill Ordinance) was pending the arrival of the
presenter. If the presenter did not arrive, she requested that the item be deferred to the November
Council Meeting.
The Mayor thanked the Chief and the Police Department for their service during the Jewish holidays, and
for making sure that the safety of all the residents is a priority during each holiday and major event
weekend.
PRESENTATIONS AND AWARDS:
None.
CONSENT AGENDA:
The following members of the public requested the removal of items:
Dina Cellini (211 Bal Cross Drive) requested that item C7B be removed.
It was the consensus of the Council to remove item C7B for discussion.
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 P o g e 11
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the remainina items on the Consent Aaenda. The motion carried (5-01: thus
approvina the followina items;
C6 — Council Meetina Minutes
C6A First Budget Hearing — September 11, 2014
C6B Regular Council Meeting —September 11, 2014
C6C Second Budget Hearing — September 23, 2014
C7 — Resolutions
C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING FUNDING AND AUTHORIZING HAROLD'S
PROFESSIONAL PAINTERS, INC. TO PAINT AND REPAIR THE SECURITY
DISTRICT GUARDHOUSE AND PERIMETER FENCE WITHIN THE VILLAGE AT A
COST OF $9,850.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA APPROVING THE ENGAGEMENT OF PEAR PROGRAMS, LLC. TO
PROVIDE ENTERTAINMENT SERVICES FOR HALLOWEEN NIGHT EVENT ON
OCTOBER 30TH AT A COST OF $8,450.00 PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
C7D ARESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE ENGAGEMENT OF SHENANDOAH CONSTRUCTION,
PUMP OUTS UNLIMITED, AND ENVIRO WASTE SERVICE GROUP TO PERFORM
ROUTINE AND EMERGENCY WATER, SANITARY AND STORM WATER SYSTEM
REPAIRS AND MAINTENANCE ACTIVITIES AT ESTABLISHED RATES VILLAGE
WIDE ON AN ANNUAL BASIS, AT A COST NOT TO EXCEED $50,000.00;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C7E A RESOLUTION OF THE VILLAGE COUNCIL OF 'BAL HARBOUR VILLAGE,
FLORIDA; APPROVING A MUTUAL AID AGREEMENT BETWEEN BAL HARBOUR
VILLAGE AND THE SCHOOL BOARD OF MIAMI DADE COUNTY, FLORIDA MIAMI-
DADE SCHOOLS POLICE DEPARTMENT FOR THE PURPOSE OF
COORDINATING LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL
AID BETWEEN THE BAL HARBOUR VILLAGE POLICE DEPARTMENT AND THE
MIAMI-DADE SCHOOLS POLICE DEPARTMENT; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AN INTER -LOCAL AGREEMENT BETWEEN BAL
HARBOUR VILLAGE AND MIAMI-DADE COUNTY, FLORIDA; PERMITTING BAL
HARBOUR VILLAGE POLICE OFFICERS TO ENFORCE THE PROVISIONS OF
THE MIAMI-DADE COUNTY CODE OF ORDINANCES REGULATING VEHICLES
FOR HIRE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
C7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; RATIFYING THE EMERGENCY PURCHASE OF INFOMRATION
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 12
TECHNOLOGY HARDWARE AND SOFTWARE NECESSARY TO IMPLEMENT
AUTHORIZED INFORMATION TECHNOLOGY (IT) INITIATIVES; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE:
C7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA APPROVING FUNDING AND AUTHORIZING SPONSORSHIP OF THE
FLORIDA INTERNATIONAL UNIVERSITY (HU) PRESTIGE CULTURAL, SERIES
BENEFITING THE FIU ECO-ACADEMY AT A" DONATION LEVEL OF $3,000.00;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
C71 A RESOLUTION OF THE VILLAGE COUNCIL OF ,BAL HARBOUR VILLAGE,
FLORIDA; APPROVING FUNDING FOR THE CREATION OF A BROCHURE TO
PROMOTE UNSCRIPTED BAL HARBOUR <ACTIVITIES DURING ART - BASEL
MIAMI:BEACH; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
REGULAR AGENDA:
R5 — Ordinances
The following Ordinance Title was read by Ms. Mejia:
R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE BAL
HARBOUR VILLAGE ,CODE OF ORDINANCES BY CREATING SECTION 11-4
"PROHIBITION OF POLYTTYRENE" OF CHAPTER '11 "NUISANCES" OF THE
VILLAGE CODE TO PROHIBIT THE USE OF POLYSTYRENE WITHIN CERTAIN
AREAS OF THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. First Reading
Mr. Gonzalez reviewed the ordinance.
Mayor Rosenfield explained the ordinance and opened the public hearing. There being no comments
from the public, Mayor Rosenfield closed the public hearing.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to
approve the ordinance. The motion passed-(5-0). with the roll call vote as follows: Mayor
Rosenfield. -yes: Assistant Mayor Blachar. ves Councilwoman Cohen yes* Councilman
Packer. yes: and Councilman Sanz. ves.
R7 Resolutions
The following Resolution Title was read by Ms. Mejia:
R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE ENGAGEMENT; OF CHRISTMAS DESIGNERS, INC.
TO RETROFIT, INSTALL, -REMOVE, MAINTAIN AND STORE VILLAGE OWNED
DECORATIONS AND PROVIDE SUPPLEMENTAL LED HOLIDAY LIGHTING
DECORATIONS AT VARIOUS LOCATIONSWITHIN THE VILLAGE AT A COST OF
$55,538.00 PROVIDINGG FOR IMPLEMENTATION; PROVIDING FOR AN
EFFECTIVE DATE.
The Mayor asked the Council if they would like to consider forming a committee to review the Holiday
Decorations, and take $10,000 for a Christmas tree and Menorah in front of Village Hall, and consider
Founder's Circle and other design elements through a committee process.
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 13
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to place
a Christmas Tree and Menorah in front of Village Hall this year. and wait for the rest of the
decorations. Motion withdrawn by Councilwoman Cohen.
Mr. Gonzalez explained that an enhancement for Holiday Decorations was included in the budget for
$75,000. Since that recommendation was adopted late in the year, the proposal was pulled together
quickly for the Council's consideration.
A motion was offered by Councilman-Sanz to reject this proposal. and "direct the Village
JVlanaaer to establish a committee to; review and recommend a Holiday Liahtina Proaram for
gm. and seconded by Councilman Packer. The motion passed (5-0).
The following Resolution Titles were read by Ms. Mejia:
R7B1 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA RATIFYING THE EXECUTION AND DELIVERY OF (i) ESCROW
AGREEMENT EFFECTIVE OCTOBER 1, 2014, BETWEEN ONE BAL HARBOUR
CORPORATION,BAL HARBOUR VILLAGE, AND WEISS SEROTA HELFMAN
PASTORIZA COLE & BONISKE, P.L., AS ESCROW AGENT, AND (ii) LANDSCAPE
MAINTENANCE AGREEMENT EFFECTIVE OCTOBER 1, 2014, BETWEEN ONE
BAL HARBOUR CORPORATION AND BAL HARBOUR' VILLAGE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
R7B2 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE ENGAGEMENT OF THE BRICKMAN GROUP, LTD.
TO SUPPLY AND INSTALL REPLACEMENT AND NEW LANDSCAPE WITHIN THE
PARKING AREA ADJACENT TO THE HERMAN B. FLUTZ BRIDGE AND ALONG
THE CUT WALK ADJACENT TO THE HAULOVER CUT AT A COST OF $46,475.00;
PROVIDING FOR IMPLEMENTATION PROVIDING FOR AN EFFECTIVE DATE.
R7B3 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA APPROVING THE ENGAGEMENT OF THE BRICKMAN GROUP, LTD.
TO PROVIDE ANNUAL SCHEDULED MAINTENANCE OF THE INSTALLED
LANDSCAPE WITHIN THE PARKING AREA ADJACENT TO THE HERMAN B.
FLUTZ BRIDGE AND ALONG THE BEACHWALK ADJACENT TO THE HAULOVER
CUT AT A COST NOT TO EXCEED $25,000.00; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE' DATE.
Mr. Gonzalez explained that all three resolutions are related, and that negotiations were held to
ensure that the provisions of the development agreement were transferred and upheld. Mr: Gonzalez
thanked Mr. Weiss and Gale Serota for their work on the agreement: Mr. Gonzalez further explained
the terms of the agreement between the One Bal Harbour Corporation and the Village, and how the
funds would be held in escrow to ensure the maintenance of public areas.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve
resolutions R7B1. R7B2 and R7B3 ,
Councilman Packer asked about number of hotel rooms held per the development agreement. The
Manager advised that this provision is still in place even with the change in ownership, and that are
required to pay resort tax.
Councilwoman Cohen asked about the ownership structure. Mr. Gonzalez explained that there are 3
entities that form part of the One Bal Harbour Homeowner's Corporation.
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 14
The motion gassed (5-0)
Mr. Gonzalez stated that he believes this action improves the Village's position in the development
agreement, and thanked Mr. Weiss and Ms. Serota from Weiss Serota for their work on this
agreement.
The following Resolution Title was read by Ms. Mejia:
R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING FUNDING AND AUTHORIZING BEACH RAKER, INC. TO
CONDUCT CONTINUOUS BEACH RAKING SERVICES AT A COST OF $62,760.00;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez explained that one of the items discussed through the budget process was the
enhancements to beach maintenance. There were $50,000 budgeted for beach maintenance, and
staff pursued the same company being used by the private hotels/condos to provide 7 day beach
raking service during peak season and 6 day raking service during low season.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to pass the
resolution
John Oldenburg (Director, Parks and Public Spaces) explained that this company comes in to perform
their services before Miami -Dade County.
Brian Mulhern (10245 Collins Avenue) spoke.
Dan Holder (24 Bal Bay Drive) spoke.
Dina Cellini (211 Bal Cross Drive) spoke.
The motion was approved f5-01.
The following Resolution Title was read by Ms. Mejia:
R7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE ENGAGEMENT OF BEL AIR MAINTENANCE, INC. TO
PROVIDE PRESSURE CLEANING SERVICE FOR ALL STREET CURBS, MEDIANS,
WALKWAYS, PAVERS, BUS STOPS ON A REGULAR BASIS - WITHIN THE
VILLAGE AT A COST OF $44,500.00; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez explained the breakdown of costs for service between Gated Residential and Resort
Tax.
Dina Cellini (211 Bal Cross Drive) spoke, and asked the Village Attorney if the Village owned the
curbs and gutter in the Gated Residential?
Village Attorney said he would look into it, and opined that the Council can vote on the resolution, and
that charges to RAC will be moved to the general fund, if appropriate.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
pass the resolution. The motion was approved /5-01,
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 15
The following Resolution Title was read by Ms. Mejia:
R7E A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A LETTER
OF AGREEMENT WITH ANTHONY BRUNSON P.A. TO CONDUCT AN AUDIT OF
THE BAL HARBOUR POLICE DEPARTMENT'S OPERATIONAL ACCOUNTS
("POINTS ACCOUNTS"); PROVDING FOR IMPLEMENTATION; PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Gonzalez spoke about the investigation of the Bal Harbour Police Department, and the need to
conduct a forensic audit of the various undercover accounts, as part of the internal affairs
investigation currently underway.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve
resolution. The motion was approved (5-0).
The following Resolution Title was read by Ms. Mejia:
R7F A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING THE LEASE OF NEW FLEET VEHICLES FOR THE
VILLAGE POLICE DEPARTMENT; DECLARING CERTAIN VILLAGE OWNED
VEHICLES TO. BE SURPLUS PROPERTY; AUTHORIZING THE SALE OF
SURPLUS PROPERTY; PROVIDNG FOR IMPLEMENTATION, PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Gonzalez explained that this item was part of the budget process. This item will allow the Village
to transition to lease vehicles, and create uniformity in the Police Fleet.
Chief Mark Overton spoke, and explained why certain staff members require unmarked vehicles.
A motion was offered by Assistant Mavor Blachar and seconded by Councilman Packer to
pass the resolution. The motion was approved (5-01.
The following Resolution Title was read by Ms. Mejia
R7G A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING AND AUTHORIZING EXECUTION OF A FINANCIAL
ASSISTANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT
OF "ENVIRONMENTAL PROTECTION (FDEP) AND THE VILLAGE FOR THE BAL
HARBOUR VILLAGE SANITARY SEWER SYSTEM IMPROVEMENT PROJECT IN
THE AMOUNT OF $600,000.00 PAID TO THE VILLAGE BY FDEP; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gonzalez spoke about the efforts to secure funding during Dade Days in Tallahassee, and noted
the efforts of Ron Book, Village Lobbyist and Councilwoman Cohen.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
pass the resolution. The motion was approved 15-01.
Mayor Rosenfield used her privilege as Mayor and took item R10A out of order.
R10A Presentation of Bal Harbour Traffic Study Findings by ATEC
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 16
Mr. Gonzalez explained the work that ATEC has conducted on behalf of the Village related to the
traffic study, including traffic counts, signalization and synchronization of the corridor.
ATEC representative, Sunil C. Doddapaneni, PE, PTOE made a presentation.
Mr. Doddapaneni explained that Alternative 1 has already been implemented by Miami -Dade County
Streetlight Divisions, and shared that the Town of Surfside has asked for additional analysis.
Alternative 2, as presented, requires a capital expense by the Town of Surfside in the amount of
$31,000.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
urge the Town of Surfside to make improvements from Alternative 2. and direct the Manaaer to
Jneet with the Surfside Manager to discuss the possibility of makina the improvements
Carlos Lores, Assistant Engineer for ATEC, spoke.
Mr. Doddapaneni explained how ATEC creates and implements signal timing plans in coordination
with Miami -Dade County.
Dan Holder (24 Bal Bay Drive) spoke.
Assistant Mayor Blachar spoke about the possibility of installing new flashing crosswalk signs.
Gabriel Groisman (191 Bal Bay Drive) spoke, and stated that pedestrian crossing at Harbor Way and
Collins Avenue is too short. Pedestrians only make it to the median, and barely.
Brian Mulhern (10245 Collins Avenue) spoke.
Dina Cellini (211 Balcross Drive) spoke.
Neil Alter (9801 Collins Avenue) spoke.
The motion was approved (5-0),
The following Resolution Title was read by Ms. Mejia:
R7H A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING FUNDING FOR THE BAL HARBOUR VILLAGE 2015
TRAVEL SCHEDULE.
Mr. Gonzalez explained that the Travel Schedule was presented as part of the budget process, as
well as discussed at the Resort Tax Committee. Any expenses that exceed the $2,500 threshold are
listed as part of the item. Mr. Gonzalez stated that he asked Carolyn Travis, Tourism Marketing
Director, to identify a trip she felt would be most beneficial for him to attend to better understand what
transpires as part of this process.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
pass the resolution. The motion was approved (5-0).
Mayor Rosenfield used her privilege as Mayor and took item R9B out of order.
R9B Discussion regarding Puppy Mill Ordinance
(Requested by Councilwoman Patricia Cohen)
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 17
Michelle Lazaro (2621 NE 10th Street, Hallandale Beach, FL) spoke. She is a Commissioner for
Hallandale Beach but presented on this item as an interested citizen. She expressed appreciation to
the Village Council for passing a resolution in support of this issue, but would like the Village to pass
an ordinance.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to place the
ordinance on the next Council Meetina Agenda for First Reading. The motion was aporoyeci
(5-0).
R9A Discussion regarding Best Buddies International "I'm In to Hire" Campaign
(Requested by Assistant Mayor Joni D. Blachar)
Councilwoman Blachar explained the "I'm in to Hire" campaign. Over the next 10 years, Best Buddies
International has a goal to get $10 million disabled individuals employed. She expressed she would
like to have a Best Buddies Day at Bal Harbour Village. She also shared that various municipalities
have joined the "I'm in to Hire" campaign and hired disabled individuals.
Brian Mulhern (10245 Collins Avenue) spoke.
Mayor Rosenfield directed the Manager to look into what is possible in terms of Village positions
available for participation in the "I'm in to Hire" campaign.
Dina Cellini (211 Bal Cross Drive) spoke.
R9C Discussion regarding Status of Village Clerk Recruitment
(Requested by Assistant Mayor Joni D. Blachar)
Mr. Gonzalez spoke and explained steps taken in the Village Clerk recruitment process to date.
Councilman Packer suggested that the Council hire a head hunter to recruit for a head hunter.
Mr. Gonzalez explained that the head hunter could cost $25,000 for a full recruitment and manage a
process. He would suggest that the head hunter be hired for the recruitment portion.
Mr. Weiss suggested that the Council hire the retired City of Aventura Clerk, Teresa Soroka, to recruit
on behalf of the Village.
Mr. Gonzalez suggested that the Council authorize him up to $5,000 for Village Clerk recruitment
process.
Council asked that the Manager commence reaching out to Mrs. Soroka about recruiting on behalf of
the Village for a new Village Clerk.
R12 — Village Attorney Report
Mr. Weiss provided additional information on R7D. He stated that the opinion issued stated that the
ownership of the roads is that of the abutting property owner. The roads are not the responsibility of
the Village.
Mr. Weiss asked for funding to hire an expert to assist with the Police Benevolent Association (PBA)
negotiations, and can provide expertise on how to transition into a new pension system, Florida
Retirement System (FRS). Mr. Weiss stated that he would like to engage Jim Linn to provide this
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 18
service in support of negotiations. He charges $285 per hour, and estimates that the total cost would
cost $20,000 to $30,000.
Mr. Gonzalez explained that an Executive Session is being scheduled to discuss the status of the
labor negotiations.
Mr. Weiss explained that if the Council decides not to pursue a change to FRS, he will not need to
utilize Mr. Linn's services.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to authorize
the Villaae Attorney to ena-ge Mr.Linn.-Motion carried (5-0),
hOr. Weiss requested an Executive Session in the case of Fernandez vs. Bal Harbour Villaae.
R12A Report on Term Limits
Mr. Weiss explained that he has included a list of questions as part of this item.
Councilman Packer asked that the discussion on term limits should take place upon the installation of
the new Council. He also stated that this discussion needs to be coordinated with a Charter Review
process.
Mayor Rosenfield stated that she has conducted extensive research on term limits: She suggested
that all Council Members serve for two consecutive terms only, and should apply to everyone,
including the Mayor designee. After the completion of two terms on the Council, there should be a
mandatory four-year break in service, prior to running again for a Council seat. She stated these
provisions should be applied retroactively, and should apply to those running in the 2016 and 2018
elections. Further, Mayor Rosenfield stated that when filling a vacancy either by appointment or
Special Election, that person would be able to run two consecutive terms, if the person had served
two years or less by the date of election.
Councilman Sanz spoke.
Brian Mulhern (10245 Collins Avenue) spoke.
Mr. Weiss explained that the Council can direct him to draft an amendment to the Charter.
Jordan Cohn (9801 Collins Avenue) spoke.
Beth Berkowitz (10160 Collins Avenue) spoke.
Dina Cellini (211 Bal Cross Drive) spoke.
Dan Holder (24 Bal Bay Drive) spoke.
R12B Verbal Report on Redistricting
Mr. Weiss stated he was prepared to provide a verbal report on redistricting. The item was deferred
to the next Council Meeting Agenda (November 18. 2014).
The following Resolution Title was read by Ms. Mejia:
C7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; APPROVING THE ENGAGEMENT OF HOMESTEAD CONCRETE AND
DRAINAGE, INC. AND TEM SYSTEMS, INC. TO REMOVE AND REPLACE THE
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 page 19
CONCRETE DRIVEWAY ENTRANCE AND RELOCATE THE AUTOMATIC GATE AT
SEWER PUMP STATION NUMBER ONE, (PS-1) AT A COST OF $6,810.26;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Councilwoman Cohen and seconded by Assistant Mayor Blachar to
pass the resolution,
Dina Cellini (211 Bal Cross Drive) spoke, and inquired on the status of litigation related to this
property.
Mr. Weiss spoke and provided an update on the litigation. The lawsuit has been dismissed, and Mr.
Imbesi has met all his obligations.
Councilwoman Cohen suggested that a section in the agenda, where the Council can receive an
update on litigation.
Dina Cellini (211 Bal Cross Drive) spoke.
Mr. Gonzalez explained the options that had been presented to the Council in the previous Council
Meeting, and explained that since then, the Village was sued and an Executive Session held.
Dina Cellini (211 Bal Cross Drive) spoke.
Brian Mulhern (10245 Collins Avenue) spoke.
Mr. Weiss explained that since the Village was sued, the Executive Session was to strategize on the
Village's position in a law suit, and therefore, subject to Attorney Client privilege. He also agreed that
once the litigation was settled, a report should be presented to the public.
Neil Alter (9801 Collins Avenue) spoke.
Mr. Gonzalez explained the circumstances of the permit issuance for this property, and his
understanding of the actions taken prior to his arrival at the Village.
Mr. Weiss explained the intent of the conditions imposed on to the permit approval.
The motion was approved (5-0),
R11A Lobbyist Registration Report — Report as of October 21, 2014
Ms. Mejia stated that no new lobbyist registrations had been submitted to the Village Clerk's Office
since the September 11, 2014 Council Meeting. Therefore, there were no new lobbyist registrations
to report.
R10B Verbal Report on Bal Harbour Shops Expansion Project
Mr. Gonzalez gave a verbal report on the Bal Harbour Shops Expansion Project. He explained that
the meetings held to date have been to review submissions by the Shops, and to ensure that it is
complete. These meetings have been attended by Jorge Gomez (Consultant), Village Attorneys and
Mike Miller (Planning). He stated that meetings have also been held with leadership at the Church by
the Sea. He has identified team members needed to review and provide expertise to the Village, such
as a valuation appraiser, Wolfberg Alvarez for space planning and other experts for concurrency
review, traffic engineering, etc. Next steps are to receive and finalize a full submission package, and
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 110
establish a procedure for a development agreement. Mr. Gonzalez stated that negotiations cannot
commence until information is received from experts.
Councilman Packer spoke, and requested that the Council be informed as process goes along, so
that the Council can have some input.
Mr. Gonzalez suggested that Council may want to designate a liaison, who can attend meetings and
negotiations.
Councilwoman Cohen spoke.
Council requested that an item to select Council Liaison for Negotiations related to the Bal Harbour
Shops Expansion be included in the next Council Agenda.
R9D Public Comment
The following members of the public provided comments:
Seth Salver (10155 Collins Avenue)
Anamarie Kelly Stoppa (1075 93rd Street)
Raj Singh (53 Camden Drive)
Kelly Reid, Bay Harbor Islands Councilwoman
Brian Mulhern (10245 Collins Avenue)
George Karam (9149 Collins Avenue)
Dan Holder (24 Bal Bay Drive) spoke.
Councilwoman Cohen asked about the status of the Council chairs, and requested that live stream on
website be checked to ensure it is working and available. She also asked that the formation of
committees be advertised to try to recruit committee members on Channel 77 and other Village
sources. With regard to the traffic study for the Bal Harbour Shops Expansion Project, Councilwoman
Cohen requested that it be conducted during Thanksgiving weekend.
Councilman Sanz asked for clarification on Village Attorney's report, and the redistricting report and
term limit report. A motion was offered by Councilman Sanz and seconded by Councilwoman
Cohen to include only the redistricting item on the November 18. 2014 Council Meeting
Agenda for discussion. The motion carried 15-0),
Councilman Packer thanked Mayor Rosenfield and Assistant Mayor Blachar for a tremendous job
over the years on the Council.
Assistant Mayor Blachar thanked the Council and wished them a lot of luck. She also thanked the
public for their involvement.
Mayor Rosenfield also thanked the Council and the residents for their involvement.
ADJOURN: There being no further business a motion was offered by Councilman Packer and,
seconded by Councilman Sanz to adiourn. The motion carried (5-01 and the meeting was
adjourned at 10:31 o.rn,
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 Page 11
Attest:
Dolores M. Mejia, Interim Villa j Clerk
Mayor Martin Packer
Bal Harbour Village Regular Council Meeting Minutes 10.21.14 P a r; e 112