HomeMy Public PortalAbout2005-10-18 Regular Meeting304
COUNCIL MINUTES
REGULAR MEETING - OCTOBER 18, 2005
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, October 18,
2005, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order
at 9:00 a.m. by Mayor Roth. Those present were:
Also present:
Mayor Seymour "Sy" Roth
Assistant Mayor Howard J. Berlins
Councilman Joel S. Jacobi2
Councilman Jean Rosenfield
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
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 Captain Jay Smith.
3. APPROVAL OF MINUTES: A motion was offered by Councilman
Rosenfield and seconded by Councilman Jacobi to approve the minutes of July 19, 2005 Regular
Council Meeting, September 8, 2005 First Budget Hearing and September 29, 2005 Second
Budget Hearinz The motion carried unanimously (5-0).
4. PRESENTATIONS:
Presentation by Sunny Isles Police Chief Mass: Chief Mass recognized
Chief Hunker, the Bal Harbour Police Department, and the Village of Bal Harbour on behalf
of the Sunny Isles Beach Police Department and the Dade County PBA, for their support
and sponsorship of all the police charities and law enforcement activities.
Chief Hunker discussed the recent memorial service for Bal Harbour fallen officers. He
thanked the Mayor, Manager and staff for their attendance and help with the service.
Officer and Employees of the Month for September 2005: Chief
Hunker discussed the Major Cities Chiefs Conference. He announced that Sergeant
Charles Merrill was selected as the Officer of the Month and P.S.A. Aketaitis, Records
Administrator Monica Arneson, and Mechanic Alonzo Clark were selected as the
Employees of the Month, for their contributions to the Major Cities Chiefs Conference.
5. PUBLIC HEARINGS: None.
1 Assistant Mayor Berlin left the meeting prior to Other Business.
2 Councilman Jacobi left the meeting after Discussion of Appointment to Architectural Review Board.
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6. DISCUSSION OF PUBLIC MEETING SCHEDULE FOR THE
STARWOOD/ST. REGIS PROJECT:
Carter McDowell, Attorney representing the Project, reviewed the letter (dated
September 30, 2005) submitted to the Village Manager regarding the St. Regis Bal
Harbour Planned Development Application. Mr. McDowell noted that in July, they were
directed not to go to the Architectural Review Board in September or August and to meet
with the community regarding the project. He explained that they have had three forums for
public workshops, which were eight hours each, to discuss the project. He advised that
they have also met with the Balmoral, Dr. Krop, Dina Cellini, and expect to meet with the
Majestic soon. Mr. McDowell advised that they want to move forward in the approval
process. He reported that a vast majority of comments have been positive about the
project, after the re -design. He explained that Starwood needs to make decisions about the
property in early January and requested developing a joint schedule for meetings before
the end of the year, so that Starwood and the Related Company have a level of
understanding of the Council's view of the project. Mr. McDowell noted that since they have
made numerous presentations to the public about the project, they would like an
opportunity to present the entire project to the Council. He reviewed the proposed
schedule. Mr. McDowell advised that in order to move forward in the process, they are also
requesting that the Council authorize the Village Manager and Attorney to begin negotiating
the draft Development Agreement with them. He explained that would come back to the
Council, in a public forum, for approval. He requested to move forward with the process.
He explained that they are open, have tried to answer all the questions, and believe that
the project is good for the Village.
Mayor Roth opened the meeting to public discussion.
Dr. Michael Krop, resident— 9601 Collins Avenue and President of the Bal Harbour
Citizens Coalition, discussed the article in the Resort Tax Committee agenda regarding
the Bal Harbour Shops. He advised that they didn't know that the Village was considering
selling a property to Mr. Whitman. He questioned if they would have an opportunity to
comment on this. Mayor Roth advised that is the first he has heard of that also.
Dr. Krop thinks that the issue is if the Village wants to accelerate this project, which he
thinks would be a terrible precedent. Dr. Krop advised that they are not anti -development
and think the new plan is better than the old plan. He explained that they are still
concerned about the lucidity of the project. Dr. Krop discussed the Village Planner's July
"position paper" and advised that nobody has responded to that officially (Planned
Development District Purpose/Analysis of District). He discussed the difference between
Oceanfront and PD zoning. He summarized that the report stated that "while the flexibility
that the Council gave to the Developer was a good concept, it places the onus on the
Village staff and Council to carefully consider the project size, bulk, and compatibility with
existing development." He read that "the PD district provides, in some instances, for less
restrictive criteria. The intention was to address only those limited properties that had
somewhat unusual shapes or circumstances." Dr. Krop advised that the property next to
the Haulover Bridge. He read that using the more flexible based design it was the intention
to allow more freedom of building placement. He read that "Now that the Village has
considered and approved one PD development, and has received a second application, it
is becoming evident that Developers are assuming that they can unilaterally max out a site
design. Minimum setbacks are being regularly requested and the FAR, without a cap is
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being exploited." Dr. Krop advised that they object to the proposed setbacks of 25 feet. He
advised that 200,000 feet more was allowed at One Bal Harbour than what would have
been allowed under the old zoning. Dr. Krop read the July recommendation of the Village
Planner that "(1) the Village Officials realize that the PD criteria are base criteria and were
not intended to be maxed out - rather trade-offs were to be expected, (2) consider either
adopting a fixed FAR limit in the PD zoning district or establish a FAR range" (amount of
volume that can be built). Dr. Krop displayed a photo of the proposed building, which they
are concemed about. He advised that they like the idea that the building is set back now
and the position of the three buildings; however he noted that the model shows that this will
occupy more frontal space than the original plan (original was 40 feet away and this one is
25 feet away). He advised that they are not against the project or against the Sheraton
doing what they want to do. Dr. Krop advised that he has been told by the project's
attorney that it will be 180,000 square feet more. Assistant Mayor Berlin advised that it will
be 180,000 square feet more than under the Oceanfront zoning. He clarified that Mr.
Millers report was in response to the first submittal (which was scrapped), not the current
one. Mr. Miller agreed.
Dr. Krop discussed the current plan and advised that the figures have changed and the
Coalition didn't get a certified copy of the plan, until after Labor Day. He thinks that the
Developers are holding up the process, because the plans weren't accurate. Dr. Krop
reported that they would like to see this go, but in a timely fashion where they have input.
He thinks the proposed schedule is absurd. Mayor Roth advised that the only meeting
schedule that there is immediately to worry about is if the Council wants to put it on the
November 2"d Architectural Review Board meeting agenda. He doesn't think a schedule
should be made beyond November 2"d
Hugo Morales, resident — Palace Condo, questioned why there isn't an exhibit of the
project or more information to know what they are talking about. He thinks to give them
more square footage is crazy. He discussed the One Bal Harbour and thinks that building
will block 50% of the buildings from there to the Palace. He thinks that the Council should
make sure that the Developers don't get away with so much. Mr. Morales discussed traffic
problems.
Brian Mulheren, resident— 10245 Collins Avenue, thinks that the One Bal Harbour is a
monster and is taking up a lot of space. He questioned how people will evacuate in a
hurricane, because of the traffic. Mr. Mulheren thinks that this project needs to be looked at
and studied. He suggested hiring professionals to look at these types of projects. Mr.
Mulheren discussed fire services and doesn't think that there is adequate service now to
fight high-rise fires, etc. He doesn't think that the Developers need to set a schedule and
doesn't think the Village should be rushed, especially during the holidays. He thinks that
fire and personal safety are very important things. Mr. Mulheren thinks that there should be
a referendum to allow people to vote, not an Architectural Review Board.
Babak Raheb, resident-128 Balfour Drive, thinks that 25-foot setbacks are ridiculous
and thinks that they should be at least 75 feet. He doesn't think that height should be more
than 280 feet. Mr. Raheb doesn't think there is any reason to push this through, at least
until the beginning of the year. He discussed the affects on the resort tax revenue. He
advised that the Sheraton has 670 rooms, plus convention services and with this project,
the Village will lose 450 rooms. Mr. Raheb estimated that will be 50,000-60,000 less
visitors coming to Bal Harbour and spending money. He doesn't think this project should go
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forward, without the consent of the people.
Marjorie Schell, resident— Balmoral Condo PH17, discussed protection from the ocean.
She is concemed that the middle building will be far forward to the ocean. She discussed
the ocean coming in, if there's nothing to stop it, and thinks there need to be plantings and
restrictions on how far people can go towards the ocean (business concessions or
buildings).
Councilman Jacobi agreed that it should go before the November 2nd Architectural Review
Board, but thinks that the rest of the proposed schedule is too far in advance. He urged the
public to attend that meeting. Councilman Rosenfield agreed that it should go before the
Architectural Review Board first and then look at a schedule in the future. She also urged
everyone to attend that meeting. She understands the comments about the hotel rooms
and the difference it will make in the tax base and also noted that the Sheraton is old and
has competition from new places on the beach and will not have the same customer base
that it has had previously. She is not saying whether that's an argument for the new
building or not. Councilman Sanz agreed for the project to go before the Architectural
Review Board and to review this again before going further. Councilman Rosenfield thinks
there is a need for some progress in that particular spot and the Village needs to have
something attractive that will give people a reason for coming to Bal Harbour, which is a
goal the Sheraton isn't really accomplishing right now. Mayor Roth suggested taking one
step at a time. He suggested that the project appear before the Architectural Review Board
and the public is invited to attend. Assistant Mayor Berlin agreed with the idea of going to
the Architectural Review Board meeting and thinks that it is another opportunity for public
input. He explained that this applicant is entitled to the same due process. Assistant Mayor
Berlin clarified that this matter is not formally in front of the Council and will not be, until
there is a scheduled hearing on this applicant's request for PD zoning. He noted that the
material that Dr. Krop read were the comments of the Village Planner in regards to the first
plan that the Developer submitted, which was uniformly rejected and that plan is dead. He
doesn't think that it's appropriate for anybody to take those comments to be reflective of
the Village Planner's opinion, with regards to the current plan. He advised that everyone
will have the opportunity to hear the Village Planner's comments, with regard to the current
plan, when that plan is before the Council.
Assistant Mayor Berlin discussed the article on the Bal Harbour Shops and assured Dr.
Krop that the inclusion of that article is a common procedure. He explained that the Village
Manager routinely assembles articles that appear in the local newspapers dealing with Bal
Harbour and puts them in the Council package and Resort Tax Committee packages for
informational purposes only. He advised that nobody on the Council or RTC puts any affect
to that being of any significance, other than somebody talked to somebody and decided to
write about it. As far as he knows, there is no application before this Council with regard to
any formal change to the Business District or change in zoning in the Business District.
Assistant Mayor Berlin discussed Mr. Raheb's comments about the number of less visitors.
He noted that there are many people in the community that think that's a good thing. He
explained that there are people who think the Village should have less visitors and some
think that the Village shouldn't impede visitors coming, which the Council should take into
consideration.
Assistant Mayor Berlin noted that this project isn't going anywhere, without a Development
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Agreement. He explained that in order to get approved for PD zoning the Developer has to
enter into and have approved a specific Development Agreement with the Village. He
explained that process hasn't even begun and it would take months to negotiate the
Agreement. Assistant Mayor Berlin advised that the Village hasn't designated anyone who
is going to negotiate on behalf of the Village. He advised that without a Development
Agreement, there's not going to be a PD Ordinance hearing. Assistant Mayor Berlin thinks
that there should be no implication or any other reading into the setting of a hearing other
than any applicant that becomes before the Council is entitled to having a hearing. He
thinks that to say the Village is going to have a schedule and have anyone else read it as
an implication that the Council is already inclined to approve the project would not be a
good thing. He understands that they are looking for some guidance on what can be done.
Assistant Mayor Berlin thinks that December is a bad month for meetings, due to the
holidays. He will be away for the first two weeks in December.
Assistant Mayor Berlin discussed One Bal Harbour. He advised that the Council routinely
relies on the Building Official, Village Planner, and Counsel for direction and guidance in
this area in addition to public comments. He advised that since the Village was concerned
about the process and it was the first time the Village was going through it, the Village also
went through the additional extreme of hiring a seasoned professional (Jack Osterholt). Mr.
Weiss advised that Mr. Osterholt was the Broward County Administrator (Manager) and
was also on staff at the South Florida Regional Planning Council and is a city planner and
administrator, and has been, for at least 25-30 years. Mr. McDowell advised that Mr.
Osterholt was the Executive Director of the South Florida Regional Planning Council.
Assistant Mayor Berlin advised that he was the one who Bal Harbour hired to negotiate the
Development Agreement and guide the city in the process of that PD application. He
agreed that there's nothing bad with giving the public the opportunity to come in and
comment on this process. He advised that if the Council is going to start down that road,
then the Council needs to designate someone or some people, who are going to take the
lead for the Village on the Development Agreement and he recommended that it be the
Village Attorney and Village Manager. Mayor Roth suggested waiting until after November
2nd. Assistant Mayor Berlin advised that the Council won't meet again until November and
the last time this took many months. He explained this isn't to accelerate the process, but is
saying the sooner they get involved, then the sooner the Village will know whether or not
there's going to be a PD applicant to begin with. He explained that unless they come to
terms, then there's nothing to talk about and having them work on it will help the Council to
further understand what's being proposed. Mayor Roth has no problem with that.
Helen O'Conner, resident— Carlton Terrace, understands that the Sheraton's occupancy
has been higher than ever and Councilman Rosenfield is talking about an older hotel.
Councilman Rosenfield agreed, but advised that she is looking into the future. Mayor Roth
noted that the occupancy is higher, but the revenue is lower, because different types of
people are staying there. He advised that the people will be paying more at a St. Regis
hotel.
Mayor Roth closed the public discussion.
Mr. Weiss discussed the process. He explained that the first step in the process is that the
project is presented to the Architectural Review Board for aesthetics, relationship to the
community, etc. He reviewed that the Architectural Review Board then makes a
recommendation to the Council. He advised that after that there are a series of public
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hearings before the Council, which will be publicized where the Council will deal with the
recommendation from the Architectural Review Board, the application that's been filed, and
under the PD ordinance a Development Agreement (contract between the Village and the
Developer) as to what's going to happen on that property and what's not going to happen,
will be considered.
Mr. Weiss clarified that his office and the Village Manager are not presently working on
anything involving the sale of the Village Hall property at this moment. The public
questioned if there has been conversation. Mr. Weiss advised that there was a
presentation by Mr. Whitman at a prior meeting regarding wanting to purchase city hall. He
reported that they're not doing anything at all with respect to that proposal. He won't do
anything until he's authorized to do so, at a public meeting by the Village Council. Mr.
Weiss advised that although they have been requested by the Attorney for the Developer
to negotiate a Development Agreement, they have not had a single meeting regarding that
and, at this point, have no direction from the Council to do that. He explained that at this
point they have done nothing with respect to a Development Agreement. Mayor Roth
reported that Mr. Whitman has advised that he has not bought the Church.
A motion was offered by Councilman Jacobi and seconded by Councilman Rosenfield for this
project to be heard before the November 2, 2005, Architectural Review Board meeting The
motion carried unanimously (5-0).
Mayor Roth would like to wait to see what happens at the Architectural Review Board
meeting. Assistant Mayor Berlin thinks that if the Village Attorney can talk to the Developer
to find out whether or not this is going anywhere, it would save a lot of time. He noted that
the Village doesn't know what the Developer has in mind until they talk to somebody. He
thinks that somebody needs to have that communication and thinks it should be the Village
Attorney and Manager. He doesn't understand what everyone is afraid of, because it's
conversation and he thinks that more communication is a good thing and blocking
information is a bad thing. He thinks that if this is about an open public process, then the
more information the Village has, the better it is. Assistant Mayor discussed the Sunshine
Law and advised that the Council doesn't have the ability to sit down and have a
conversation with the Developer, so the Village has to have a designated person. He is
suggesting that the Village Attorney and Manager both do it, so there's no question.
Assistant Mayor Berlin thinks not having information is ridiculous.
A motion was offered by Assistant Mayor Berlin that the Village Attorney and Village Manager be
authorized to have discussions with the Developer about negotiating a DevelopmentARreement.
The motion died due to the lack of a second
Mr. Raheb thinks that the Council should wait until the Architectural Review Board meeting
is done and then set up parameters of what can be done. He questioned how much money
they are going to pay the Village if this goes forward. Mr. McDowell advised that they want
to start a public hearing process to answer those questions. He explained that the
negotiations of the Development Agreement is part and parcel to them filing the
application. He advised that nothing happens other than a discussion of what is important
to the Village, the Developer volunteers to do things, etc. He advised that they have to start
that dialogue sometime. He pointed out that the Council doesn't meet again until
November 15th, then the holidays are coming. He noted that it will take time to negotiate an
Agreement, so the dialogue needs to be started now. He advised that as an applicant they
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have essentially been foreclosed from having a normal dialogue with a local government
about an application they filed. Mr. McDowell pointed out that the process says to
automatically go to the Architectural Review Board for recommendation and this Council
directed them not to do that. He advised that under normal circumstances it doesn't take
authorization of the Council to go to the ARB, it happens in a normal course. He advised
that they are only asking to move forward, have a dialogue, and be able to answer
questions. He advised that they are not trying to rush, but have been at this for six months
already and have effectively not taken the first step. He agreed with Assistant Mayor Berlin
that they should at least open those discussions. He advised that the Village may say to
them that the Village is interested in certain items and the Developers could say that those
items are unacceptable and it could stop there. Mr. McDowell advised that they need to get
to a point where they understand if there is a middle ground. He explained that there are at
least two advertised public hearings in order for the Village to be able to say yes and
before the first hearing there has to be a draft Development Agreement. He clarified that it
doesn't mean the Village approves it, but it means there's a document to review, decide on,
and get feedback.
Mr. Raheb advised that the Sheraton also owns the Diplomat and manages both
properties. He thinks they need parameters before anyone meets regarding an Agreement.
Mr. Raheb thinks the parameters should be that they meet all the neighbors' requirements
and $5,000 for every hotel room that the Village misses (450 rooms), which would be $22
million. He thinks that if they want to meet on that, then they should go ahead.
Mr. Mulheren thinks that the One Bal Harbour was done in nine months without public
meetings. He questioned who appointed that negotiator and what his experience was. He
advised that the Village got $1.5 million and gave $400 million away. He questioned why
the Village has to do what the Developer wants. Mr. Mulheren advised that there is no rush
and they should let the Architectural Review Board meet and then see where to go. He
noted that the people at this meeting are saying to wait. He thinks that the Village needs to
find a proper negotiator and suggested a Search Committee be appointed to find one. Mr.
Mulheren thinks that the Village should get at least $40 million. He thinks that the Village
also has to study public safety. He doesn't think this is something to be rushed.
Councilman Jacobi thinks that the Village should have a professional handle this matter.
Mayor Roth suggested that a professional advise/work with Mr. Weiss and Mr. Treppeda.
Dr. Krop questioned why the Developer can't unilaterally give information to the Council
what they are willing to give to the Village. He questioned what direction is being given to
the Attorney and Manager as to how to negotiate and what the Village wants. He thinks
that the last Agreement was a bad deal for the Village. He noted that the Village is
providing the Developer with 186,000 square feet. Assistant Mayor Berlin clarified that the
Developer has asked for that, but the Council hasn't given anything. Dr. Krop questioned
what direction the Council is giving the people who negotiate, because they need to do it in
the Sunshine. Mr. Weiss explained that if they are authorized to negotiate, then he would
have asked for the authorization to the extent that they need extra help. Dr. Krop also
suggested getting the citizens involved. Mr. Weiss explained that if a Committee is
negotiating as opposed to staff, then that would be a different process. He explained that
the negotiation sessions would have to be publicly noted, minutes takes, etc. Mr. McDowell
suggested authorizing the Village Attorney and Village Manager to begin the discussion
with them and then the Council can change the process, if they want. He pointed out that
the only ones who can approve a Development Agreement on first or second reading are
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the elected officials, in a public forum. Mr. McDowell doesn't see any harm in opening
discussions, to see if some sort of agreement can be reached. He noted that if the Village
comes back to the Developer and says they have to pay $22 million or $40 million, then the
discussions will end very quickly.
Mayor Roth suggested that the Village Attorney, Village Manager, and an expert sit down
with the Developer and hammer out a rough idea and then bring it back to the public at a
meeting. Mr. Weiss explained that he is not in a position to know what to ask the Developer
for, because that's not his or Mr. Treppeda's expertise. He suggested before entering into
any discussions, speaking to an expert about what are appropriate items to ask the
Developer for, considering the impact of the project. He explained that legally there has to
be some relevance to what the Village is asking for, with respect to the impact of the
development on the community. Mr. Weiss noted that the Village would be hiring someone
to provide guidance. He explained that the advantage of having staff do this is that if it's a
public process, then the Village's strategy would be have to be discussed publicly. Mr.
Weiss advised that as a condition to them doing it, he would want an authorization to hire
someone to help them. Councilman Jacobi suggested appointing Mr. Weiss and Mr.
Treppeda to direct negotiations and hire a professional, who will talk to the community.
Jordan Cohn, resident— Balmoral, doesn't think there is a need to start the negotiation
process at this point. He thinks that if the Architectural Review Board approves the plans,
then everyone else can get involved in the process. Assistant Mayor Berlin questioned if
this process is consistent with what other cities do. Mr. Weiss explained that every city
doesn't have a Development Agreement process. He noted that in most cities with this
process, the process is done routinely and it is done by staff. Assistant Mayor Berlin noted
that it's consistent to have staff do it. He questioned if this is an appropriate time to do this.
Mr. Weiss advised that under normal circumstances had the Council decided to put this on
the ARB for September, then they would have been negotiating the agreement in the
normal course of things already. He doesn't think there's anything illegal or wrong waiting
until after the ARB meets, but the normal course is that when the application is filed, then
they would begin to have discussions with them and they have not.
Councilman Jacobi suggested that Mr. Weiss and Mr. Treppeda spearhead the
negotiations for a Development Agreement and find a professional, which will take some
time. He would like to meet the professional. He would like the professional to talk to the
community, because he wants community input. Mr. Weiss suggested that if he and Mr.
Treppeda are authorized, they can identify an expert to bring back to the Council with a
recommendation and for contract approval in November. He suggested that if the public
has a recommendation on who to use, they should send their resume to Mr. Treppeda.
A motion was offered by Councilman Jacobi and seconded by Councilman Sanz to direct staffto
brink back a short list or a person that they recommend and brink back to the Council at the
November meetink, with a proposed contract. The motion carried unanimously (5-0).
7. ORDINANCES SECOND READING/PUBLIC HEARING: None.
8. ORDINANCES FIRST READING: None.
9. RESOLUTIONS/PUBLIC HEARINGS:
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A resolution was read, by title, by the Village Clerk, adopting an assessment roll for the
Security Program Special Assessment area.
Mayor Roth opened the meeting for public discussion.
Raheb Babak, resident —128 Balfour Drive, questioned what resolutions 645 and 660
are. Mr. Weiss advised that those are revisions to the original assessment resolution, for
the formula change. Mr. Raheb explained that there was a Security Agreement that was
part of 464 with the District. He advised that when that was canceled he requested that it
be changed, but the Village continued collecting assessments based on that one. He
advised that the formula changed two years ago, but the resolution didn't change. He had
requested that a new resolution be written if the Village was going to assess last year and
the year before, but it was based on the old resolution. Mr. Weiss noted that Mr. Raheb is
in litigation with the Village over this issue and he isn't going to get into conversation about
that which could affect the litigation. He advised that the resolution on the agenda is
correct. Mr. Weiss directed Council not to answer any questions regarding that. He advised
that Mr. Raheb has sued the Village over the Security District and he is not going to do
anything to prejudice the Village's case. Mr. Weiss explained that what is on the agenda
are the assessments for this year, where the Village is sitting as the Equalization Board
and the issue is in respect to the assessments and approving the assessments for this year
and that's it.
Mayor Roth closed the public discussion.
A motion was offered by Councilman Jacobi and seconded by Councilman Sanz to approve this
resolution. The motion carried unanimously (5-0), thus becoming:
RESOLUTION NO.676
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN
ASSESSMENT ROLL FOR THE SECURITY PROGRAM SPECIAL ASSESSMENT
AREA; PROVIDING FOR AN EFFECTIVE DATE.
A resolution was read, by title, by the Village Clerk, establishing sanitary sewer and water
rates for 2005/2006.
Mayor Roth opened the meeting for public discussion.
Raj Sing, resident— 53 Camden Drive, questioned if there's an increase and if so, what
the percentage is. Mr. Treppeda explained that the water rate is going from $1.85 per
thousand gallons to $2.30 (Miami -Dade County is increasing 29.4%). He noted that the
Village is passing on the County's increase. He reported that neither Dade County nor Bal
Harbour have increased the water rates for the past eight years. Mr. Treppeda advised that
the sewer rate is gong from $2.84 per thousand gallons to $3.45. Mr. Treppeda advised
that the rate has been $2.84 for the last two years and for six years prior to that, it was
$2.58. He explained that Miami Beach is raising their rates to the Village.
Bill Landis, Village Engineer— Craig A. Smith 8 Associates, explained that the Village
is passing through the increase rates. He noted that the Village will break even.
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Mayor Roth closed the public discussion.
A motion was offered by Councilman Jacobi and seconded by Councilman Rosenfield to approve
this resolution. The motion carried unanimously (5-0), thus becoming:
Clerk:
RESOLUTION NO. 677
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING
SANITARY SEWER AND WATER RATES FOR THE 2005/2006 FISCAL YEAR;
ESTABLISHING AN EFFECTIVE DATE.
1 O. RESOLUTIONS: The following resolution was read by title, by the Village
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA AUTHORIZING THE VILLAGE MANAGER TO PROVIDE NOTICE OF
TERMINATION OF THE VILLAGE'S PARTICIPATION IN THE TRI-
COMMUNITY LIBRARY CONTRACT AMONG THE TOWNS OF BAL HARBOUR
VILLAGE, BAY HARBOR ISLANDS AND SURFSIDE; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE.
Mayor Roth opened the meeting for public discussion.
Brian Mulheren, resident-10245 Collins Avenue, thinks that this is a good move for the
Village and thinks it should be done as quickly as possible. He suggested looking into the
new library in Sunny Isles Beach.
Mayor Roth suggested tabling this, since the Village has to give 90 days notice, which had
to be by June 30th. He suggested waiting until March/April. He reported that he thinks they
have worked out a deal and Surfside's Mayor has agreed to open 95th Street during rush
hour. Mayor Roth thinks that Mr. Raheb directly and indirectly helped. Mayor Roth
explained that the rest of the Surfside Council still has to agree to it. Mayor Roth reported
that the cost to join the Miami -Dade library is $50 per person, which would cost the Village
a lot less. He noted that the cost for the Surfside Library is $82,000, which he thinks is a
disproportionate amount. Mayor Roth doesn't want to antagonize Surfside, if the Village is
stuck until September 30, 2006. Mr. Weiss advised that the Village's contract is until that
time, unless Surfside voluntarily agrees to waive the notice time. Mayor Roth would like to
table this. Councilman Jacobi agreed. Councilman Rosenfield wants to break the contract,
because the library's not doing anything for the Village.
Babak Raheb, resident— 128 Balfour Drive, advised that it has nothing to do if Surfside
likes or dislikes opening up the Street. He reported that the County has sent a letter to
Surfside that 94th, 95th, and Abbot Avenue have to be opened up, because they did those
things without proper notice or getting the Village's approval. Mr. Raheb doesn't want to
allow any bartering, because if they don't open up the streets, then he will go after them on
88th Street. He advised that the County is on his side.
Mayor Roth questioned why the Village should give advanced notice, when it's stuck until
September 30th. Assistant Mayor Berlin explained that it may set up a negotiation process
if they were going to build a new library and give the Village a more reasonable rate. He
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advised that it is also so the Village doesn't miss the deadline in the future.
Mayor Roth closed public discussion.
A motion was offered by Councilman Rosenfield and seconded by Councilman Jacobi that this be
voted on at the March meeting The motion carried unanimously (5-0).
11. LOBBYIST REGISTRATION REPORT - AS OF OCTOBER 14,
2005: Mrs. Horvath reported that the following lobbyists are currently registered with Bal
Harbour Village:
Name of Lobbyist
Principal Represented
Stanley F. Whitman
Bal Harbour Shops, Ltd.
Gary A. Poliakoff
Becker & Poliakoff, P.A.
Balmoral Condominium Association, Inc.
Keith M. Poliakoff
Becker & Poliakoff, P.A.
Balmoral Condominium Association, Inc.
Ronald L. Book
Ronald L. Book, P.A.
Majestic Tower at Bal Harbour
Condominium Association, Inc.
Carter N. McDowell
Bilzin Sumberg Baena Price & Axelrod LLP
Sheraton Bal Harbour Joint Venture
Robert L. Krawcheck
Bilzin Sumberg Baena Price & Axelrod LLP
Sheraton Bal Harbour Joint Venture
Michael A. Patrizio
WCI Communities
Steve Sorensen
WCI Communities
Assistant Mayor Berlin questioned Ron Book being registered as a Lobbyist for the
Majestic, since he is also a Lobbyist for the Village. He questioned if it's appropriate that he
be a lobbyist for a party coming before the Council. Mr. Weiss advised that some
communities prohibit their lobbyists from doing any work before the Village Councils and
some permit it. He noted that if the Council is concerned about that, then the Council could
have a policy that people who are retained by the Village cannot appear before the Village.
He advised that the Manager would then have to contact Mr. Book and let him choose what
he wants to do.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Jacobi to direct the
Village Manager to notify Ronald Book that the Council has adopted a policy that he can't do
both and let the Village know whether they need to hire a new Tallahassee Lobbyist or he will
drop the Majestic representation before the Village. The motion carried unanimously (5-0).
12. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Donation to Hurricane Relief Funds — Mayor Roth (for
Hurricanes Katrina and Rita to the American Red Cross $10,000): Mayor Roth
discussed other municipalities who have contributed to the Relief Funds. He suggested
that the Village donate $10,000 to American Red Cross. Mr. Raheb discussed his previous
request for a donation to the Tsunami Relief. He thinks that everyone will already be
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contributing to this and doesn't see the necessity for this. Mayor Roth thinks that this could
directly affect the Village. He discussed the poorer communities that have made
contributions. He advised that Bal Harbour has done nothing and thinks the Village has to
have good will.
Brian Mulheren, resident —10245 Collins Avenue, thinks that it's the least the Village
can do. He explained that the Relief Fund isn't just for hurricanes, but is for all disasters, so
the Tsunami Relief will benefit from it also. He doesn't think that $10,000 is a lot of money.
Councilman Rosenfield would like to find a city that needs help (town halls that were
damaged), so it would be a city giving to a city. She thinks that would be more significant.
Mayor Roth advised he can live with that. Councilman Jacobi agreed. Assistant Mayor
Berlin suggested that Mr. Treppeda look into this as a project. Mr. Raheb questioned using
the funds from forfeiture for this, if it's used for a police department facility, etc. Mr. Weiss
advised that he has to look at the State Statutes regarding that. He explained that FEMA
provides money to rebuild public buildings. Councilman Rosenfield advised that she is
suggesting the equipment, etc. Mr. Treppeda will investigate this and come back to the
Council.
Councilman Jacobi discussed the problems with the sound system. Mr. Treppeda advised
that the company is working on the problems. Councilman Jacobi advised that Chief
Hunker had five officers that were supposed to go to the gulf coast on the cruise ships, but
that ended up not happening.
B. VILLAGE ATTORNEY:
Mr. Weiss requested an Executive Session with the Lawyer defending the Village on the
Raheb Babak lawsuit, which will be scheduled by the Village Clerk (Raheb Babak versus
Bal Harbour Village).
Mr. Weiss reported that there's some confusion about the language in the Architectural
Review Board Ordinance. He advised that at the next meeting they will have an
amendment to clarify the preliminary process, versus the final process. Mr. Weiss thinks
that it's clear, but reported that the way that it is written is creating some confusion, so he is
recommending that be cleaned up.
Mr. Weiss advised that there is a petition that's being circulated regarding putting a
provision in the Village Charter, dealing with zoning. He reported that there are different
ways that villages can handle these petitions and the involvement that the Village Attorney
has in reviewing these petitions. Mr. Weiss advised that some Village Codes/Charters have
very explicit provisions as to how they're reviewed, who pays for the review, etc. He
reported that Bal Harbour hasn't had this before and there's nothing in the Code about it.
Mr. Weiss advised that he has spoken with Tucker Gibbs, who is the attorney representing
the petitioners, and he asked Mr. Gibbs what his preference would be, as to how involved
he wants the Village Attorneys office to be in this petition process. He reported that Mr.
Gibbs would prefer that the Village let the format/language of the petition go the way that
he has drafted it and it would go on the ballot that way. Mr. Weiss explained that they have
identified and have suggested that they think there may be some legal problems, with what
has been proposed. He explained that Mr. Gibbs understands the issues that Mr. Weiss'
office has raised and Mr. Gibbs has his own opinion about it, which Mr. Weiss respects.
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Mr. Weiss advised that unless the Council tells him otherwise, they are going to take a laze
faire attitude and do the minimum, in terms of they're going to review the petition as to
form. They have had some very brief conversations with Mr. Gibbs about the substance of
it, but they are going to let it go, as opposed to them trying to re -write ballot language, etc.
He explained that unless there's an objection, then that's the way they are going to handle
it, because there's nothing provided in the Charter.
Dina Cellini, resident— 211 Bal Cross Drive, advised that she spoke with Mr. Gibbs last
night and discussed the report that Mr. Weiss was going to present here today. Ms. Cellini
wants to clarify a few matters. She explained that she too is an attorney, so she can speak
as to the substance of the issue, as opposed to just the procedure. She explained that
there is presently no petition being circulated, but they anticipate circulating a petition. She
reported that Mr. Gibbs, on behalf of the Bal Harbour Citizens' Coalition, and as an
accommodation and consideration, had approached the Village Attorney with the petition
language, simply as a matter of courtesy, (there was no requirement that he do so). Ms.
Cellini advised that they benefit from any input that the Village Attorney may give them;
however, they happen to disagree on a very important legal point. While Mr. Weiss
believes that the language of the petition may be illegal, they do not feel that's the case
and, at some point in time, the courts may have to decide that. She advised that Mr. Weiss
did raise an issue quickly in passing, but it wasn't finalized, which was who is going to pay.
She questioned if Mr. Weiss would like Mr. Gibbs to no longer contact him, with regard to
this petition language. She questioned what point Mr. Weiss is trying to make.
Mr. Weiss advised that they received a letter from Mr. Gibbs, with a proposed petition,
which is what he is referring to. He is not aware of whether it's being circulated or not. Mr.
Weiss suggested that if they are going to review this petition, then they review this petition
as to form, which would be at the Village's expense. He explained that some communities
have a process where the substance of a petition is reviewed by the Village Attorney, at the
applicants option and expense, but he is not suggesting that here. Mr. Weiss explained
that they are just going to review it basically as to form. He doesn't think that their objection
to it is quite as strong as Ms. Cellini has suggested. He explained that what they have said
is that the petition may violate a provision of state law. He advised that they have not given
an opinion that it's illegal and that they have expressed a concern to Mr. Gibbs about it and
he understands the concern.
Ms. Cellini explained the purpose and effect of the petition that they plan to circulate. She
reported that many municipalities surrounding Bal Harbour have adopted amendments to
their Charter, whereby the changes to zoning (density, height) must be approved by the
voters. She explained that Surfside did that in March 2004, not through a referendum that
was taken door to door, but their Council supported it and their Council put the question on
the ballot and it passed overwhelmingly. Ms. Cellini reported that Bay Harbor has a similar
ordinance now that restricts development as to height, density, and floor area ratio. She
explained that the Coalition in Bay Harbor had approached their Council to put that on the
ballot and their Council refused and therefore the residents were forced to go door to door
and, in fact, it was put on the ballot and it passed overwhelmingly and was then defended
in court by some developers who sought to overturn that referendum. She explained that in
both of those instances, in Surfside and Bay Harbor, the statute that Mr. Weiss is referring
to was in effect at that time when those referendums were both passed. Ms. Cellini
announced that the Bal Harbour Citizens Coalition plans to do the same and feel that it's
time for the people of Bal Harbour to have a say in what's happening in their community.
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She explained that they have seen development go in ways that they don't approve of, they
think is wrong and feel that they as the citizens should have a say in what happens in their
community, so they don't end up like Sunny Isles. She thanked Mr. Weiss for the
clarification.
C. VILLAGE MANAGER:
Discussion of Appointment to Architectural Review Board: Mr.
Treppeda explained that resumes were received from two Landscape Architects for the
position available on the Board: Christopher Cawley and Rhett Roy. Christopher Cawley
addressed the Council and explained that he has been a resident of Florida and Miami for
five years and feels that his qualifications are good. Councilman Jacobi questioned if Mr.
Cawley is familiar with what the Village wants. Mr. Cawley advised that he is, in regards to
landscape architecture. Mayor Roth suggested inviting Mr. Roy to the next meeting. Mr.
Treppeda advised that he was invited to attend today. Mr. Cawley thinks this would be a
great opportunity to get involved as a landscape architect. William O'Leary, Village
Landscape Architect, addressed the Council and highly recommended Mr. Cawley for the
position. He discussed the quality of Mr. Cawley's work and thinks that he will attend the
meetings. Mr. Raheb noted that Mr. Roy did not attend this meeting and thinks that he may
not want the job. He thinks that Mr. Cawley should be approved. Dr. Krop questioned if the
Board members are versed on the Sunshine law. Mr. Weiss advised that they are.
A motion was offered by Councilman Jacobi and seconded by Councilman Sanz to appoint
Christopher Cawley to the Architectural Review Board The motion carried unanimously (5-0).
Motion to Authorize Second Reading of the Village Zoning
District Map Ordinance to be Earlier than 5:00 p.m., at the Regular Council
Meeting to be Held on Tuesday, October 18, 2005 at 9:00 a.m. (Requires
Affirmative Vote of 4 Members): Mr. Treppeda advised that this is just a technicality to
make sure that the Council can have this before 5:00 p.m.
A motion was offered bvAssistantMavorBerlin and seconded by Councilman Jacobi to authorize
the second reading to be at the next regular Council meetin . The motion carried unanimously
(5-0).
Councilman Jacobi left the meeting at this time.
Discussion of Evaluation and Appraisal Report for
Comprehensive Plan — Village Planner Michael Miller: Mr. Miller discussed the EAR
for the Comprehensive Plan. He explained that when the plan is put in place, the idea is to
periodically review the plan, to see if it represents what the Village's goals and policies are
and then amendments are made to the plan periodically. Mr. Miller advised that the last
EAR was done 10 years ago (1995) and amendments were done in 1997. He advised that
the Village is required to adopt a new EAR by January 2006. He reported that the Village
may be late, but there's no fear in that. Mr. Miller advised that this is the scope of work. He
advised that each local govemment is required to identify what they think are the important
local issues for their community. He advised that Bal Harbour is pretty much built out, so
this is a fairly simple exercise. Mr. Miller reviewed the Listing of Major Local Issues. Mr.
Miller advised that the Village is required to submit a letter to the Tallahassee Department
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518
of Community Affairs and they in turn issue a Letter of Understanding that sets out the
scope of work of the issues for the community. Mr. Miller requested approval to submit the
letter.
Dina Cellini, resident— 211 Bal Cross Drive, discussed the Bal Harbour Shops filing an
application with the Department of Community Affairs for a development of regional impact.
She questioned the status of that and if the Village has received anything from
Tallahassee. Mr. Miller advised that this isn't part of the EAR scope of work. He responded
that the Village has received a copy of what was submitted to Department of Community
Affairs to expand the mall. Mr. Miller advised that a statute is set up under chapter 380,
covering developments of regional impact that is for very large projects and there are
certain thresholds in the statute that if those levels are met or exceeded then it is
considered a DRI, which is a very complicated and lengthy review process by the Village,
the Regional Agencies (DOT, etc.). He explained that the Shops submitted a request to
DCA determining that they were not a DRI with a proposed expansion of 200,000 square
feet, plus a 189 room hotel. He explained that staff is reviewing that document and have
the ability to make comments to Tallahassee, but it's a determination made solely by the
DCA. Ms. Cellini questioned if that would be something that the Council or staff would feel
compelled to share with the residents, since this issue came up numerous times. She
asked if the Village Manager has received this document and, if so, questioned why he
didn't speak up. Mr. Treppeda advised that the Village has documentation, but hasn't
passed it out to anyone but staff, who is reviewing it, to try to determine how to respond.
Ms. Cellini questioned if it's a public record. Mr. Treppeda responded yes. He reported that
he spoke with Dr. Krop regarding this recently. He advised that staff is determining if they
should respond, or if they're required to respond, at this point. Ms. Cellini questioned if
there is a deadline to make that decision. Mr. Miller advised that there is, but he doesn't
know what that is. Ms. Cellini requested that an item be placed on next month's agenda to
update what's proposed and what action will be taken. She requested that the Council
direct the Village Manager and staff to report back at the November meeting on the status
of this application before DCA. Mr. Treppeda will discuss this item with Mr. Miller and let
the Council know what procedure the Village will be following. Dr. Krop questioned what will
happen now with the proposal.
Gabriela Webster, resident— 30 Park Drive, questioned if the regional impact letter has
to do with the Comprehensive Plan and the letter of authorization that is being requested.
She clarified that the comprehensive plan is a type of renewal letter. Mr. Weiss explained
that the item on the agenda is a routine statutorily required review of the Comprehensive
Plan. He noted that it's an Evaluation and Appraisal Report that they're required to file with
the State. He noted that the issue of the application filed by the Shops is separate from
this. Mr. Weiss explained that it deals with the same Comprehensive plan and issues, but
don't affect the EAR report.
Brian Mulheren, resident — 10245 Collins Avenue, advised that Mr. Miller wants the
beach and Club property to be considered park land. He thinks this should be discussed
and questioned why everything is urgent, without talking about it.
Mr. Miller explained that this is a letter setting forth the scope of work to do the EAR. He
reported that the EAR will come back and will be a document discussing all of these topics
in detail, so there will be in-depth discussion. Mr. Miller advised that this is just the scope of
work. Mr. Mulheren thinks that this is about major items for the Village and thinks there
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319
should be more discussion. Mr. Miller explained that will all be public. He reported that this
is just a letter to the State that the Village will comply with the rules. Assistant Mayor Berlin
doesn't understand why this is late. He noted that Mr. Miller has drafted a scope of work
and the Council and residents didn't have any input on that. He thinks it's okay if it's just a
standard letter, but if it's reflective of the Village's opinion of what it wants to think about for
the scope of work for the Comprehensive Plan, then there has been no Council or public
input on it. He clarified that if the Village has to go through a process for that, then that
hasn't happened. Mr. Miller explained that the three page document discussing the scope
of work is mandated and he has spoken to the Village Manager and staff about those.
Assistant Mayor Berlin questioned if it can be amended. Mr. Miller responded that it can be.
Assistant Mayor Berlin suggested placing this on the next agenda to have a public
discussion of the things that should be looked at in the Comprehensive Plan. Mr. Miller
advised that he will be on vacation on November 15th. Dr. Krop questioned the definition of
redevelopment pressures. Mr. Miller explained that is where the utility of a property
extinguishes or comes to its useful life and because of the cost of the real estate there may
be properties that are considered underdeveloped (Bellini, Sheraton, Harbour House, or
people's homes). He advised that is the instance when a home is bought, tom down, and a
new house is built.
Mr. Raheb suggested only passing the mandatory letter and leaving the rest for the next
meeting. Mr. Miller advised that the Village has to identify the List of Major Issues. Mr.
Singh thinks that the State is lenient and suggested requesting this to be deferred. Mayor
Roth suggested filing with supplement/amendments following to clarify or expand on
certain areas. Mr. Miller advised that he could do that.
Assistant Mayor Berlin returned to the meeting. Mayor Roth left the meeting.
Mr. Miller explained that they have been working on the EAR putting it together. Assistant
Mayor Berlin clarified that other than the requirement, the Village isn't going to lose its
license to be a municipality if it's late. Mr. Miller agreed.
It was the consensus of the Council to put this on the December agenda, with public notification.
Assistant Mayor Berlin suggested that the Manager publish Mr. Millers preliminary
recommendations, so people will have something to look at.
Request for Approval to Purchase Sewer Cable Machine: Mr.
Treppeda requested approval to purchase a new sewer cable machine, to replace the
current 15-year old machine, for $17,820.00.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried unanimously (3-0), with Mayor Roth and Councilman Jacobi absent.
Request for Approval of Annual Contribution to the Greater
Miami Convention & Visitors Bureau: Mr. Treppeda requested approval for the
annual $100,000.00 contribution to the Greater Miami Convention & Visitors Bureau. He
explained that this is the last required contribution (from last year), since the Interlocal
Agreement was canceled.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
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The motion carried unanimously (3-0), with Mayor Roth and Councilman Jacobi absent.
Request for Approval of Amendment to Professional Services
Agreement with Building Official Daniel Nieda: Mr. Treppeda requested approval of
an amendment to the Professional Services Agreement to provide for annual cost of living
increases, in the same amount as granted to General Employees.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to approve.
The motion carried unanimously (3-0), with Mayor Roth and Councilman Jacobi absent.
Request for Approval of Consulting Agreement for Human
Resources Services: Mr. Treppeda advised that he is still working on this, so this item will
be deferred.
Mayor Roth returned to the meeting.
Request for Approval of Miscellaneous Landscaping Additions,
Relocations, Removals & Irrigation Modification to Collins Avenue Median: Mr.
Treppeda requested approval for the following items:
Standing of Two. Large Ficus Trees and Removal of Date Palm $ 4,450.00
(Fell as a Result of Hurricane Dennis) — Vila & Son
Tree Relocations & Landscaping Additions at Bal Harbour Park $15,348.00
for Water Main Project — Vila & Son
Conversion from Leaky Pipe to Spray -Heads for Irrigation of $15,783.52
Seasonal Plantings in Medians — Luke's Landscaping
(to Improve Appearance and Life Span of Plantings)
TOTAL: $35,581.52
Mr. Treppeda requested authorization to spend up to $40,581.52, to include three more
trees that need to be set back up.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz to approve.
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Approval of Change Order #1 for 96th Street
Landscaping Proiect: Mr. Treppeda explained that due to the elimination of concrete
work in front of the Church, the Village has a credit in the contract for $49,950.00. He
requested approval to expend all money remaining in the contract on additional
landscaping on the north or south side of 96th Street, or at an alternate location in Bal
Harbour.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to
approve. The motion carried unanimously (4-0), with Councilman Jacobi absent.
Resort Tax Committee Recommendations: Mr. Treppeda
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321
reviewed the following items that were recommended for approval by the Resort Tax
Committee at their meeting on September 8, 2005:
1.) Co -Sponsorship of Governor's Conference on Tourism Opening Breakfast $7,900.00
2.) Marketing Vendors' Contract Renewals
Lou Hammond & Associates $6,000 Monthly/$72,000 Annually
Kathleen Tripptree $3,500 Monthly/$42,000 Annually
Studio D $2,000 Monthly/$24,000 Annually
TOTAL: $7,900.00
And Authorize the Village Manager to Renew the Above Listed Contracts
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield for
approval. The motion carried unanimously (4-0), with Councilman Jacobi absent.
Mr. Treppeda reviewed the following items that were recommended for approval by the
Resort Tax Committee at their meeting on October 11, 2005:
1.) Road Shows
2.) Philadelphia Sales Mission
3.) E-Newsletter
4.) Fabretto Children's Foundation's Ninth Annual Night for Ninos
Prize Trip to Bal Harbour for Their Auction
5.) Virtuoso Direct -Mail
6.) Remnant Ad Opportunity
7.) Fall Direct -Mail Campaign
8.) Press Kit/Sales Kit Covers
$ 4,000.00
$ 2,500.00
$ 250.00
$ 1,500.00
$ 300.00
$19,999.00
$ 5,100.00
$ 4,000.00
TOTAL: $37,649.00
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz for approval.
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Approval of Funds for Landscaping at Security
District Guardhouse: Mr. Treppeda reported that Village Landscape Architect Bill
O'Leary designed a plan and bid it out to three companies. The following bids were
received:
Luke's Landscaping
Vila & Son Landscaping
Tip Top Enterprises, Inc.
$8,367.00
$8,940.35
$9,860.00
Mr. Treppeda reported that Mr. O'Leary is recommended awarding the bid to Luke's
Landscaping.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz for approval.
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Approval of Funds to Install Color Cameras for
Bal Bay Drive Security District Pedestrian Gate: Mr. Treppeda reported that there
have been ongoing problems with someone breaking the lock on the pedestrian gate near
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322
Village Hall. He suggested that cameras be installed to identify people using the gate. Mr.
Treppeda requested approval of up to $3,416.00 for the purchase and installation of
cameras. He and Chief Hunker will check with additional vendors and select the most
responsive proposal.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield for
approval The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request to Expend Police Forfeiture Funds: Mr. Treppeda
reported that Chief Hunker is requesting Council Authorization to expend forfeiture funds in
the amount of $15,000.00 for the Reserve Police Officer Training Program (to sponsor two
trainees).
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz for approval
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Chief Hunker reported that on October 28th, Sally Heyman will present six Segways to local
law enforcement agencies. He explained that Bal Harbour will be receiving one, which will
be operational on October 29th in the Shops and on the beach.
Request for Approval of Revised Mutual Aid Agreement with
Miami -Dade County Police Department: Mr. Treppeda reported that the Miami -Dade
County Police Department has provided a revised Mutual Aid Agreement, which includes
provisions for assistance rendered on the waterways within the County.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield for
approval The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Approval of Funds for Grand Opening of
Recreation Center Event & Park Snow Festival: Mr. Treppeda requested approval of
up to $3,500.00 (for bounce house, entertainment, and a buffet) for a Grand Opening
Event for the Bal Harbour Recreation Center on November 20th.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield for
approval The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Approval of Funds for Village Employee Holiday
Party: Mr. Treppeda requested approval of up to $7,000.00 for the Employee Holiday
Party, scheduled for December 9, 2005, at the Bal Harbour Club.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz for approval
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Authorization for Village Manager to Approve
Village Portion of Alcoholic Beverage License: Mr. Treppeda explained that the
Village Code requires Council approval for an establishment to serve alcoholic beverages.
He reported that the Orchid restaurant in the Carlton Terrace is applying for a license to
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permit beer and wine to be served. Mr. Treppeda requested authorization to sign the
(2COP) license application for the Orchid Restaurant, indicating compliance with the
Village Code.
Mayor Roth opened the public hearing. There being no comments, Mayor Roth closed the
public hearing.
A motion was offered bvAssistantMavor Berlin and seconded by Councilman Sanz for approval.
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Request for Approval of Change Order #3 for Water Valve,
Fire Hydrant & Irrigation Line Repairs/Replacement: Mr. Treppeda explained that
two water valves and two fire hydrants need to be replaced and an irrigation line under the
sidewalk needs to be repaired. The Village Engineer recommends using Metro Equipment
Service, Inc. for this work, since they are still under contract with the Village for other
similar work. Mr. Treppeda requested approval of $24,240.00 for Metro Equipment to
replace two water valves, two fire hydrants, and repair an irrigation line.
A motion was offered bvAssistant Mayor Berlin and seconded by Councilman Sanz for approval.
The motion carried unanimously (4-0), with Councilman Jacobi absent.
Assistant Mayor Berlin left the meeting at this time.
13. OTHER BUSINESS:
Babak Raheb, resident — 128 Balfour Drive, doesn't want any side negotiations with
Surfside, until his negotiation about the street closures is done with them.
14. ADJOURN: There being no further business to come before the Council,
the meeting was adjourned at 11:55 a.m.
ayor Seymour oth
Attest:
Ellisa Horvath,
Village Clerk
Regular Council Meeting 10/18/2005 20