HomeMy Public PortalAbout2005-12-20 Regular Meeting343
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - DECEMBER 20, 2005
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 20,
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
Councilman Jean Rosenfield
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Stephen J. Helfman, Village Attorney
David Wolpin, Village Attorney
Merrett Stierheim, Village Consultant
Absent: Assistant Mayor Howard J. Berlin
Councilman Joel S. Jacobi
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Miami -Dade County
Commissioner Sally Heyman.
3. APPROVAL OF MINUTES: A motion was offered by Councilman Rosenfield
and seconded by Councilman Sanz to approve the minutes of the November 15, 2005 Regular
Council Meetinz The motion carried unanimously (3-0), with Assistant Mayor Berlin and
Councilman Jacobi absent.
4. PRESENTATIONS:
Key to the Village for Miami -Dade Commissioner Sally Heyman:
Chief Hunker explained that Commissioner Heyman has done a lot for the Village, including
providing food, water, and ice for residents after the hurricane and working with the police
department and public works department. He advised that Commissioner Heyman put a
Committee together and purchased six Segways for six police departments, including Bal
Harbour. Chief Hunker noted that Commissioner Heyman also put a program together for
the needy, for the police department to distribute Thanksgiving baskets and turkeys. He
advised that in conjunction with the maintenance department and the Police Athletic
League, spearheaded by Commissioner Heyman, they will distribute over 90 bicycles to
needy children. Mayor Roth presented a Key to the Village to Commissioner Sally Heyman,
in recognition of her service to the community. Chief Hunker presented Commissioner
Heyman with some items from the Police Department. Commissioner Heyman thanked
Mayor Roth, Chief Hunker, and the Church.
Officer of the Month for November 2005: Chief Hunker announced that
Detective Paul Eppler was selected as the Officer of the Month for November 2005, for his
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work on the Street Tactics Intervention Group (STING) and solving cases within the Village.
Detective Eppler was presented with a plaque. Detective Eppler thanked Chief Hunker and
the Council.
5. QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Helfman read the quasi-
judicial announcement from the agenda.
There being no disclosures by the Council, the meeting continued. Those planning to speak
at the hearing were sworn in by the Village Clerk.
ORDINANCE FIRST READING/PUBLIC HEARING: Mr. Helfman
explained that part of the rezoning process to a planned development zoning district, which
is the request for this property, entails the negotiation of a Development Agreement that
outlines the conditions of an approval to the zoning district. He explained that the
administration, with the assistance of Mr. Stierheim, has begun that process and the
Agreement is substantially completed, but there are significant issues that still need to be
resolved. He advised that the Manager's recommendation on this item is that it be deferred.
Mr. Helfman noted that without the Agreement completed, it needs to be deferred and is
not properly before the Council. He advised that the appropriate action by the Council
would be a motion to defer this item to a January 5th agenda. Mr. Treppeda advised that
would be a special meeting. Mr. Helfman noted that the Manager believes that by that time
he will be able to complete an agreement, if an agreement can be reached. He suggested
that there be a motion and that the Council vote on a continuation of this item to a January
5th special meeting, which the Council would have to, at the end of the agenda, set that
special meeting. Mr. Helfman advised that at this time, this is not a public hearing and it's
up to the Council as to whether it should be deferred or not.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to defer this
item to a later date. The motion carried unanimously, with the vote as follows: Mayor Roth aye;
Assistant Mayor Berlin absent; Councilman Jacobi absent; Councilman Rosenfield aye;
Councilman Sanz aye.
Mr. Treppeda questioned if January 5th at 9:00 a.m. is good for the Council. Mayor Roth
advised that is okay as long as it's good for Mr. Stierheim, Mr. McDowell, etc.
Mayor Roth opened a public hearing.
Babak Raheb, resident - 128 Balfour Drive, is concerned with a special meeting. He
noted that he has a problem with the Architectural Review Board meeting that took place.
Mr. Helfman is happy to discuss Mr. Raheb's appeal of the Board's decision after this
meeting. Mr. Raheb questioned why this meeting is quasi judicial. Mr. Helfman explained
that the rezoning of a property is quasi-judicial. Mr. Raheb discussed prior Architectural
Review Board meetings regarding PD that were quasi-judicial and noted that the one
regarding the St. Regis was not. He noted that people weren't under oath at that Board
meeting and may not have told the truth. Mr. Helfman explained his advice to the
Architectural Review Board and their role in the process, which was to provide comments to
the Building Official, on the application. He advised that the quasi-judicial procedure wasn't
necessary. Mr. Raheb discussed Mr. Millers report regarding green space. He discussed
not being able to appeal the Board's decision and thinks that Mr. Helfman changed the
rules. He doesn't think that the Board's decision should be considered because of that. Mr.
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Helfman clarified that he gave advice on the process and he did not change the rules. He
noted that the provision that Mr. Raheb is citing to challenge the decision of the Board is
not an appealable section of the Code. Mr. Helfman clarified that the Board only provided
comments and the decision on this will be made by the Council.
Brian Mulheren, resident — 10245 Collins Avenue, thinks the Village should get an
outside court's opinion on whether it was a quasi-judicial procedure. He noted that this is
dealing with the health, safety and welfare of people and that the number of people will be
doubled. He questioned if the Board meeting was handled correctly. He questioned the
private Beach Club being included as park land. He thinks that the Village needs to know
how much money one acre of land is worth on the ocean. Mr. Mulheren discussed traffic.
He is against a special meeting and thinks that workshops are needed. He noted that no
wind study has been submitted. He discussed the One Bal Harbour not being built, in
compliance with what was approved.
Merrett Stierheim, Village Consultant, explained that he has been conducting research.
He noted that he has met with the Developer and Attorney for fact-finding and has also met
with Village staff (Planner, Building Official, Finance Director), the Property Appraiser, and
the State Attorney Joe Centorino. Mr. Stierheim advised that his recommendation will be
given to the Village Manager, who will make a recommendation, along with the staff, to the
Council. Mr. Stierheim noted that if there's a special meeting on the 5th, it will be a public
meeting and the draft development agreement will be available for public inspection. He
explained that there will be two public hearings, so there will be ample opportunity for public
participation. He explained that his role is to assist the Manager and try to negotiate an
agreement that in his opinion is fair and equitable to the Village. Mr. Stierheim reviewed his
resume.
Mr. Raheb questioned how many members of the Architectural Review Board have a
conflict regarding their involvement with Mr. Perez or the Related Group. Mr. Stierheim
advised that if Mr. Raheb is aware of a conflict, then he should bring it to the attention of
the Village Attorney or Council. Mr. Helfman explained that one Board member announced
that he worked on a landscape plan for someone who worked for Mr. Perez. He advised
that the Board member advised that he is not currently working on anything for Mr. Perez or
that contractor. Mr. Helfman advised that Board member discussed this issue with the
Village Attorneys, prior to the meeting, and he was advised what the conflict of interest law
was and he was comfortable that he had no conflict of interest or any relationship under the
law that would have precluded him from participating in the discussion. Mr. Helfman
advised that there was no withholding of information. Mr. Raheb thinks that should have
been disclosed. Mr. Helfman advised that the Board member followed the legal ethical
obligations. He offered to discuss these issues with Mr. Raheb, after the meeting.
Mr. Stierheim offered to attend any workshop meetings. He observed that people have
strong feelings about this. He advised that he is going to do his recommendations based on
what he thinks is fair and equitable, and in the best interest of the Village and its citizens,
while respecting the rights of the other party (the Developer). He will do his best to bring
peace in the valley.
Mr. Mulheren noted that people didn't know about the open meeting with the Developers.
He advised that it was put on the television channel. He advised that the public wants to
meet with Mr. Stierheim and thinks the public has the right. Mr. Treppeda advised that Mr.
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Stierheim has been in touch with the leaders of the Citizens' Coalition. Mr. Stierheim is
happy to meet with any group of citizens, at the appropriate time. He advised that he is not
prepared to do that now. Mr. Treppeda advised that the process allows for numerous public
hearing types of meetings (first and second reading of the PD). He explained that it's up to
the Council, if they feel additional meetings are needed.
Rhea Kelly, 77 Camden Drive, questioned why negotiations are needed if no variances
are being requested, there's a development district, and a volunteer group recommended
the building. She questioned the role of Mr. Stierheim. Mr. Stierheim explained the purpose
of the Architectural Review Board and explained that the Council is the only body that can
make a decision. He thinks that the Board recommended the project to the Building Official,
but doesn't know if they made any suggested changes, etc. Mr. Stierheim explained that his
role is as an outside independent critique, to assist. He discussed the issues being
reviewed (loss of revenue during construction, resort tax, property taxes, etc.). He noted
that the issues are open to negotiation, to protect the citizens and the Council.
Dina Cellini, resident— 211 Bal Cross Drive, questioned if Mr. Stierheim's role will remain
as an advisor, as opposed to a more active negotiator in this process, after his discussion
with the State Attorney and Mr. Centorino. Mr. Stierheim advised that the original concern
of Mr. Centorino was if there was a large committee that he was a part of in the negotiating
process and if that would be surplanting the Village Council. He noted that it was still an
open question as to whether it would be sunshine or not, so he felt it would be better to air
on the side of sunshine, in that case. Mr. Stierheim advised that is not how this project will
be negotiated and is subject to the Manager's call. He visualized sitting down with the
Developer, to try to determine the parameters for negotiation. Mr. Stierheim thinks that it
would be very difficult to try to negotiate, with 50 to 100 people in a room, with a
Committee. He thinks they need to negotiate and come down to some basic issues, at
which point it becomes public. Mr. Stierheim is happy to meet with the leaders of the
citizens' group, the condos, and the residents, if the Manager wants him to. He noted that,
at this point, he is not ready to do that and he has to do some homework and negotiate
first.
ORDINANCE SECOND READING/PUBLIC HEARING: An
ordinance was read, by title, by the Village Clerk deleting the zoning map from the Village
Code and adopting a revised zoning map. Mr. Wolpin explained that this removes the
zoning map outside of the Code itself and also updates it. He advised that a notation has
been placed on the map, in accordance with the Village Attorney's recommendation.
Mayor Roth opened the public hearing.
Dina Cellini, resident — 211 Bal Cross Drive, questioned what the notation is. Mrs.
Horvath read the notation that was added to the map.
Brian Mulheren, resident — 10245 Collins Avenue, questioned if the map includes the
Beach Club, which is private property, as park land. He doesn't think this should be
approved, if it is. Mr. Miller explained that there are two maps that control land development
within the community and one is within the adopted comprehensive plan (the Future Land
Use Map). He advised that the entire Oceanfront plat area is designated as high density
residential, which allows both hotel uses and condo/rentals. Mr. Miller explained that the
Beach Club is in that area, Tract A, and has been designated in that category since the
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plan was adopted in 1989. He noted that it was rezoned from Private Club to Ocean Front
recently. He advised that it has nothing to do with credit towards open space or parks and
recreation and is just a mapping exercise. Mr. Miller noted that this is the official zoning
map of the Village.
Mr. Treppeda requested clarification from Mr. Miller that the State allows cities to count a
certain percentage of a private area like that towards park land. Mr. Miller advised that
there is a Florida Statute provision for the recreation and open space element of the
comprehensive plan. He noted that, in 1989, the Village adopted a zoning land
development regulation that adopted, by reference, the Miami -Dade County Level of
Service Standards and Concurrency Standards, which is 2.75 acres of land per 1,000
permanent residents. He noted that in the body of the administrative order for Dade County
there is a description of what can and cannot be counted. Mr. Miller advised that when the
Village was designed, in the 1940s, there were no quantitative standards as to what was
needed for open space and recreation. He reported that 100% of publicly owned open
space or recreation can be counted, which the Village has very little of. Mr. Miller advised
that private open space and recreation can be counted 50%, under the Dade County rule.
He clarified that beaches, golf courses, and lakes cannot be counted. Mr. Miller advised
that currently the Village is almost right on the number of what it has and can take credit for
and what the Village's needs are. Mr. Treppeda clarified that the Village has counted 50°/a
of the Beach Club, since 1989, which can legally be done. Mr. Miller agreed. Mr. Miller
pointed out that if that wasn't counted, then the Village would be in a deficit position.
Ms. Kelly suggested that since the citizens are concerned about park land, open spaces,
and traffic that the Village float a bond and purchase the Bal Harbour Club, which would
guarantee a park and no condominium there.
Babak Raheb, resident— 128 Balfour Drive, questioned the number of residents that Mr.
Miller is using for his calculation. Mr. Miller advised that he used 3,300 residents, from the
census. Mr. Raheb advised that the Herald quoted Mr. Miller that the beach could be used
as acreage, but he is now saying that it cannot be counted. Mr. Miller advised that the
ordinance would have to be changed.
Marjorie Schell, resident— Balmoral Condominium, discussed the open space from the
beach to the Sheraton. She questioned having a business on the beach, which is public
property. She discussed the lack of plantings behind the Sheraton, which everyone else
has. Ms. Schell would like the Sheraton to have plantings, instead of volleyball courts, etc.
She is concerned with the protection of the Village, from the ocean.
There being no additional comments, Mayor Roth closed the public hearing.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried (3-0), with the vote as follows: Mayor Roth aye; Assistant Mayor Berlin
absent; Councilman Jacobi absent; Councilman Rosenfield aye; Councilman Sanz aye; thus
becoming:
ORDINANCE NO. 502
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
ARTICLE III "DISTRICT REGULATIONS" OF CHAPTER 21 "ZONING" OF THE
VILLAGE CODE BY AMENDING SECTION 21-78 "DISTRICT MAP," TO
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DELETE THE EXHIBIT ENTITLED "TOWN OF BAL HARBOUR VILLAGE,
FLORIDA ZONING DISTRICT MAP" FROM THE VILLAGE CODE AND TO
ADOPT A REVISED ZONING DISTRICT MAP PURSUANT TO SECTION 21-78(b);
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
6. ORDINANCE SECOND READING/PUBLIC HEARING: An
ordinance was read, by title, by the Village Clerk amending Article III of Chapter 5
eliminating the issuance of a Preliminary Certificate of Appropriateness. Mr. Wolpin
explained that this clarifies the existing Code. He explained that currently the Board gives a
Preliminary Certificate of Appropriateness and a concern arose that people may claim that
once they got the preliminary certificate that they would be entitled to get the final
certificate. He noted that this removes that concern and provides for preliminary matters to
be addressed by staff. Mr. Wolpin explained that when it's time for someone to get a final
certificate of appropriateness to build something, then they would come before the Board.
Mayor Roth opened the public hearing.
Gabriela Webster, resident — 30 Park Drive #15, questioned if the members of the
Architectural Review Board provided remarks on this ordinance. Mrs. Horvath advised that
three of the Board members provided comments, and all were in favor of this ordinance.
There being no additional comments, Mayor Roth closed the public hearing.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried (3-0), with the vote as follows: Mayor Roth aye; Assistant Mayor Berlin
absent; Councilman Jacobi absent; Councilman Rosenfield aye; Councilman Sanz aye; thus
becominx:
ORDINANCE NO.503
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 5 "APPEARANCE BOARD," BY
AMENDING ARTICLE III "ARCHITECTURAL REVIEW BOARD," BY
AMENDING SECTION 5.5-14 "CERTIFICATE OF APPROPRIATENESS,
PRELIMINARY CONSIDERATION" BY ELIMINATING THE PROVISION FOR
ISSUANCE OF A PRELIMINARY CERTIFICATE OF APPROPRIATENESS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
7. ORDINANCES FIRST READING: None.
8. RESOLUTIONS/PUBLIC HEARINGS: None.
9. RESOLUTIONS:
A resolution was read by title by the Village Clerk approving and ratifying the Police
Collective Bargaining Agreement.
James Baker, Village Attorney, discussed the negotiation process and advised that this
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349
agreement is for two years. He urged and recommended the Council to vote in favor of this.
Mr. Treppeda noted that the Police Department voted 18 to 1, in favor of the agreement.
Mr. Baker advised that the new agreement includes a wellness program, contributions to
the cost of health insurance, drug testing for the special units, and a new promotional
process.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent, thus becoming:
RESOLUTION NO. 678
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING AND RATIFYING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE VILLAGE AND THE DADE COUNTY POLICE
BENEVOLENT ASSOCIATION; DIRECTING THE VILLAGE MANAGER TO
EXECUTE THE AGREEMENT ON BEHALF OF THE VILLAGE; AUTHORIZING
THE VILLAGE MANAGER TO TAKE ALL ACTIONS NECESSARY TO
IMPLEMENT THE TERMS OF THE AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
A resolution was read by title by the Village Clerk supporting the MPO funding for the South
Florida East Coast Corridor Transit Analysis.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent, thus becoming:
RESOLUTION NO. 679
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF BAL HARBOUR
VILLAGE, FLORIDA, IN CONJUNCTION WITH THE NORTHEAST MIAMI-
DADE MAYORS' JOINT TASK FORCE ON TRANSPORTATION, SUPPORTING
THE MIAMI-DADE COUNTY METROPOLITAN PLANNING ORGANIZATION
(MPO) FUNDING FOR THE SOUTH FLORIDA EAST COAST CORRIDOR
TRANSIT ANALYSIS.
10. LOBBYIST REGISTRATION REPORT - AS OF DECEMBER 16,
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
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Robert L. Krawcheck
Bilzin Sumberg Baena Price & Axelrod LLP
Sheraton Bal Harbour Joint Venture
Michael A. Patrizio
WCI Communities
Steve Sorensen
WCI Communities
11. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Roth discussed the traffic and advised that the Town of Surfside is not willing to
open the streets. He advised that a motion was previously passed to hire an attorney
regarding this issue. Mr. Raheb advised that he has been in touch with the Florida
Department of Transportation and Miami -Dade County. He explained that Ms. Kalas, the
Director of Traffic for the County, has agreed that the streets were improperly closed. He
noted that a letter was received from FDOT giving Surfside 45 days to remove the signs,
unless they pass a resolution allowing the streets to be closed; however FDOT doesn't
have any jurisdiction over that. Councilman Rosenfield questioned the letter from FDOT.
Mr. Raheb clarified that FDOT has advised that the County has to approve the street
closings, in addition to Surfside passing a resolution. Councilman Rosenfield questioned
what the State says. Mr. Raheb explained that the State has advised that it is not their
business. Chief Hunker reviewed his discussions regarding this issue. Councilman
Rosenfield would like the County to write a letter saying that they're in charge of that. She
questioned the possibility of resolving this without going to court. Mr. Raheb hopes it will be
resolved within 30 days. He advised that the State and County are on the Village's side.
Mr. Mulheren thinks the Village should hire an attorney. He advised that the Village has
documentation that Surfside illegally closed the streets and the County has the authority of
those streets. He discussed the traffic problems. Mr. Mulheren suggested hiring Mr.
Bergman. Mr. Raheb thinks that a suit should only be done as a last resort. He requested
giving Ms. Kalas time to resolve this. Mayor Roth suggested waiting to see if this can be
resolved by the January meeting.
John Donahue, resident— 10245 Collins Avenue, discussed traffic and advised that the
Chief and Mayor have tried to resolve this. He doesn't think this should wait 30 days. He
suggested having an attorney at least send a letter.
B. VILLAGE ATTORNEY: No items.
C. VILLAGE MANAGER:
Request for Approval of Retail Alcoholic Beverage License
4COP (SRX) for La Goulue Restaurant: Christian, part Owner and Chef, advised that
the restaurant will be a French bistro.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent.
Councilman Rosenfield discussed Ms. Schell's comments and questioned if there's an
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illegal business on the beach. Mr. Treppeda advised that the business behind the Sheraton,
Atlantic Beach Club, is approved by the State and the Village and is operating legally. Ms.
Schell would like the details on that.
Request for Approval of Payment to Grubbs Emergency
Services for Hurricane Wilma Cleanup and Approval to Purchase Park
Playground Canopy: Mr. Treppeda discussed the cleanup by Grubbs after Hurricane
Wilma. He advised that the bills that have to be paid, which will be reimbursed by FEMA
total $103,508.50. Mr. Treppeda requested an additional $19,862 for the park canopy,
which was destroyed by the storm. He requested a total approval of $123,370.50, which he
expects to get back from FEMA. Mr. Treppeda advised that in the future, the canopy will be
totally removed and stored.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent.
Request for Approval to Purchase Ficus Plants for Hedge: Mr.
Treppeda noted that the hedges around the sewer station, in the Security District, were
destroyed, due to the hurricane. He requested approval of $4,050.00 to replace them (90
Ficus plants at $45.00 each that are 6 feet tall). Mr. Treppeda also requested to put a fence
with screening at the location for $6,245.00. He advised that prices for plants went up after
the hurricane.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent.
Request for Approval of Vehicle Lease for Park & Recreation
Department: Mr. Treppeda requested authorization to lease a Ford Crown Victoria for
the Park & Recreation Department ($436.66 per month, for 48 months, with an allowance
of 18,000 miles per year). He advised that this would be through Mears Leasing, which
uses the prices on the Sheriffs' Bid.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent.
Request to Expend Police Forfeiture Funds: Mr. Treppeda
advised that Chief Hunker is requesting to expend funds for the following items:
1.) Co -Purchase of a Voice Stress Analyzer $4,289.00
(Shared Equally with Bal Harbour, Bay Harbor, and Surfside)
2.) Contribution to Bay Harbor D.A.R.E. Program $1,650.00
(15% of Forfeiture Funds must be expended on drug education)
TOTAL: $5,939.00
Councilman Rosenfield questioned what a voice stress analyzer does. Chief Hunker
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352
advised that it's a lie detector test.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent.
Request for Approval of Resort Tax Committee
Recommendations: Mr. Treppeda distributed the list of recommendations made by the
Resort Tax Committee at the December 19, 2005 meeting, which showed the following:
1.) Road Shows (November)
(Sales missions to key travel call -centers in the U.S.
Including Expedia, AAA, and American Airlines Vacations)
2.) Media Mission to New York with Visit Florida
(Director will represent the Village at this annual media event and
will conduct media sales calls)
3.) Individual Media Familiarization/Editorial Visits
(To bring at least eight travel writers down)
4.) Travel Agent Familiarization Tour - January
(Host groups of travel agents at the Sea View)
$ 4,000.00
$ 6,000.00
$12,800.00
$ 9,000.00
TOTAL: $31,800.00
Mayor Roth questioned the recurring item of $4,000 for Expedia, AAA, and American
Airlines. He thinks that the Sheraton has a responsibility to pick up some of the costs for
advertising hotel rooms in Expedia, AAA, etc. He questioned if this will be a monthly
expense. Jose Lima, Director of Tourism Marketing, advised that is not an
advertisement, but are sales missions that were approved by the Council, at the Resort Tax
Committee's recommendation, at the beginning of the fiscal year. He explained that they
are sales calls to promote the destination and are not ads for the Sheraton. Mayor Roth
noted that it was at the request of the management at the Sheraton. Mr. Lima explained
that it was the Sheraton's idea, but what they are doing, which was on the marketing plan
that was approved for the year, is going to booking centers that are already booking
business and are potential booking centers for Bal Harbour to send business. He noted that
it is also to boost the summer business. Mayor Roth noted that the Sheraton will not have
any summer business, because they will be gone in May. He advised that he was against
the resort tax budget of $2 million, when the anticipated revenue is $1.5 million. He also
discussed the shortage during the month of the hurricane. Mayor Roth thinks that the
revenue will be below $1.5 million. Mr. Lima advised that he can't speak for the Committee.
Mr. Treppeda explained that Mr. Lima answers to the Committee. He noted that the
Committee discusses all of these items, comes to a conclusion, and Mr. Lima has to carry
out the policies that the Committee sets. Councilman Rosenfield questioned how the
Council knows what the benefit of this is. She questioned if the visitors are compared from
last year to this year. Mayor Roth questioned if guests are asked when they check in what
they booked through. Councilman Rosenfield is asking because she wasn't on the Council
when this budget was approved. She questioned what the Village is getting, if $4,000 is
being spent monthly. She asked Mr. Lima if the Council receives monthly reports. Mr. Lima
explained that they do. He advised that looking at the pre-9/11 levels, the Village has been
doing the same type of marketing every year and the numbers have exceeded pre-9/11,
which were the highest numbers for visitors and resort tax revenue for Bal Harbour.
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Councilman Rosenfield questioned if there's any way to prove that came through Expedia,
AAA, or American Airlines. Mr. Lima advised that he can ask the Committee to provide a
report from the hotels and he believes that they can track this. He noted that the reason it's
being requested is because it's measurable and it's a very trackable action item, which is
why the Committee approved it. Councilman Rosenfield would like to see that. Mayor Roth
thinks that Councilman Rosenfield is questioning if they are tracking it, since it's a trackable
item. Mr. Lima explained that they track all of their incoming reservations. Mr. Treppeda
explained that there is also an issue where the hotels sometimes don't like to release things
like that, due to competition. Mr. Lima agreed that they do have proprietary information, but
he can take any questions that the Council has back to the Committee and then they can
respond if the Council wants. Councilman Rosenfield would also like to see the breakdown
of the $6,000 for the Media Mission to New York with Visit Florida. Mr. Lima advised that
can be provided. Councilman Sanz questioned if these items were previously approved. Mr.
Lima advised that the entire marketing plan was approved at the beginning of the year.
Councilman Rosenfield still thinks that the Council needs the breakdown of the costs.
Mayor Roth advised that the Council is questioning this in such detail, because in one
month, the resort tax revenue is down $54,000 (due to the hurricane). He advised that the
budget, with the anticipated revenue of $1.5 million, is down that $54,000 and it won't be
made up. He advised that they have to watch the money and the budget was based on a
half million dollar deficit, which he thought was fiscally irresponsible. He thinks that the
budget is supposed to be balanced, so that it comes out with zero. Mayor Roth thinks that if
the anticipated revenue is $1.5 million, then they should budget that to be spent, not $2
million. Mr. Lima advised that he can take questions from the Council back to the
Committee or the Council is invited to attend the Committee meetings to address the
questions to them, but he can't answer questions on policy, because he only carries out the
Committee's direction. Councilman Rosenfield questioned when the eight writers are
coming down and the breakdown of the costs ($12,800 for the Individual Media
Familiarization/Editorial Visits). She questioned if the journalists have already scheduled
their visits to Bal Harbour. Mr. Raheb is against money being spent for advertising, when
the Sheraton and One Bal Harbour will not be open. Mr. Treppeda will provide more details
to the Council on future reports. Mr. Wolpin noted that the Council is not familiar with these
breakdowns, because it has been common over the years that this is how items have been
approved as a part of a marketing plan and then when it's time to spend it, the actual
expenditures come to the Committee and then to the Council. He advised that if the Council
wants to change the policy where more detail is presented to the Council instead of just the
Committee, then that could be done. Mayor Roth agrees with what Mr. Wolpin is saying,
but doesn't think that this is a normal year. Mr. Wolpin advised that these are normal
expenditures, this is part of the tourism, and this is all paid for with the tourist tax money,
not the ad valorem property tax. He explained that one of the purposes of the tourism tax is
that part of the money goes to promotion, advertising, and things of that nature. He noted
that the Village gets the tax from the hotel guests and part of that is turned back into this
campaign. He advised that doesn't mean that the Council can't get more information in the
future, but noted that the Director is just coming in accordance with the normal procedures
and he is being attacked. He noted that if the Council needs more information, then Mr.
Lima is happy to get it. Councilman Rosenfield clarified that is all she is asking for. Mr. Lima
advised that whenever they propose marketing initiatives, the Committee's number one
priority is return on investment. Mr. Lima reviewed his resume. He explained that the costs
to bring down those journalists include airfare, hotel rooms at the Sea View or Sheraton,
meals, and ground transportation. He thinks that when they compare the return on
investment and buy a one page ad in one of the publications that they write for, then it
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would probably cost $10,000-$40,000. He advised that since it's editorial and people give
more credence to that, it's multiplied by 2.5. He explained that it's a return on investment
and is something that most convention and visitor bureaus and travel promotion agencies
do on a regular basis for promotion. Mayor Roth clarified that this is no reflection on Mr.
Lima and he knows that Mr. Lima follows the direction of the Committee. Mayor Roth
doesn't think that this is a normal fiscal year, the Village started out with a $54,000 shortfall
in one month, and the Council wants to hone their pencils on the expenses, because he
thinks the deficit will be greater. He advised that for a dollar they want two dollars worth.
Mr. Lima advised that September was 150% above last year. Mayor Roth advised that the
Village is still down 12% ($27,000) and will continue to be down, due to the Sheraton
closing and people knowing it will be closing. He thinks the concentration should be more
on the remaining generators of the resort tax revenue (Sea View, Carpaccio, and the
restaurants). Councilman Sanz suggested that the other Councilmembers attend the next
Resort Tax Committee meeting, since they have a lot of questions about this. He pointed
out that the Village has also used the resort tax money for the beautification of Collins
Avenue and other things, not just advertising. Councilman Sanz thinks it's okay to ask
questions, but Mr. Lima is not able to answer everything and if the Councilmembers want
more information, then they should go to the meetings to find out.
Babak Raheb, resident — 128 Balfour Drive, advised that the Committee is spending
money to bring visitors to Florida, but the Sheraton is closing. He thinks that $1 million is
being spent on advertising and the Village won't have anything next year. He thinks that the
Village is spending more money for less (400,000) people to come. He clarified that the
hotel's study advised that when the St. Regis is built, there will be 400,000 less visitors. Mr.
Raheb thinks that the money is being wasted. He thinks that the money could be used for
beautification and other processes and not for carte -blanch to be given for people to go to
New York to bring business for next year, when there will not be any hotel except for the
Sea View (220 rooms). He thinks the Council has the right to either table this or have the
Sheraton come up with some of the costs. He doesn't think the Council should vote on this
now. Mr. Lima requested that the Village Attorney clarify the usage of resort tax funds as
dictated by the State of Florida. He thinks that in order for the Village to collect the money
so it can be used for beautification and the residents aren't taxed for that, then half of it
must be used for marketing and half of it must be used for beautification. Mr. Wolpin
doesn't think there's a breakdown, but advised that under the Village Charter provision it's
up to the discretion of the Village Council.
Brian Mulheren, resident— 10245 Collins Avenue, questioned if Mr. Lima works for the
Council and the Village, or the Committee. He thinks that the Committee should come to
the Council to report to them, not the other way around. He discussed damage from the
hurricanes and money that needs to be spent on beautification. He advised that the Village
isn't taking the money in and won't in the future, because it doesn't have a hotel or
anyplace for people to come. He questioned why the money is being spent when there is
no hotel. Mr. Mulheren thinks that they should beautify and keep the Village pristine. He
thinks the Council is doing the right thing by asking questions. He doesn't think the money
should be spent, just because it's budgeted. Mr. Mulheren doesn't think the Village should
have to pay for guests to stay at the hotels, because the Village is bringing business to
them. He thinks the budget needs to be addressed. Mr. Mulheren thinks that this should be
tabled and they should know what's going on. He thinks that Mr. Lima works for the Village
and the Committee shouldn't be telling him what to do.
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Mayor Roth noted that in November the resort tax revenue was $84,000 and approval of
these action items is $64,000. He advised that there would be nothing left. He noted that
the Village had a hurricane and needs plants and beautification of the beaches. Mayor Roth
thinks the Village needs funds for its use, not to advertise on Expedia for a hotel that's
going out of business in five months. Mr. Lima clarified that he is not asking for the
expenses and that the Committee is. Mayor Roth advised that Mr. Lima is an employee of
the Village. Mr. Wolpin advised that besides the room tax, part of the tourist resort tax is
also the food and beverage sales and there are some restaurants that generate impressive
figures for the tax dollars. Mr. Lima clarified that the number one resort tax generator is the
Sheraton, the number two is the group of restaurants at the Shops, and the third is the Sea
View.
Rhea Kelly, resident, discussed the negotiations with the St. Regis. She thinks that the
Council is assuming that part of the negotiations would not include the loss to the Village of
the revenue during construction. She thinks that's a strong negotiating point. Ms. Kelly
advised that if they are willing to make up for the loss of revenue, then the budgeted items
would have to include that as a credit. She thinks that the Council is premature until the
negotiations are over with. Mayor Roth thinks Ms. Kelly is premature and advised that they
are talking about this fiscal year ending September 30th and not construction two years
down the road. Mr. Wolpin clarified that when Merrett Stierheim enumerated the financial
matters that he would be negotiating that one of the items was the loss of municipal resort
tax revenue. Mr. Stierheim had advised that his job is to negotiate financial matters and that
is one that he is looking at closely.
Mr. Raheb advised that the Village doesn't have that money and shouldn't have an
assumption that it will. He thinks this should be tabled until the Village has that money.
Mayor Roth thinks that the representative from Starwood said at a previous meeting that
they were going to make good on all the loss of revenue. He isn't concerned about that and
doesn't think that part of negotiations will be difficult.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to table this,
until the next Council meeting. The motion carried unanimously (3-0), with Assistant Mayor
Berlin and Councilman Jacobi absent.
Mayor Roth advised that there will be a full Council to discuss it then.
Request for Approval of Annual Performance Bonuses for
General Employees: Mr. Treppeda requested approval of $74,460.93 for annual
performance bonuses. Mayor Roth reported that the average bonus was 3.6%.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve.
The motion carried unanimously (3-0), with Assistant Mayor Berlin and Councilman Jacobi
absent.
Consideration of Annual Performance Bonuses for Village
Manager and Village Clerk: Mr. Treppeda and Mrs. Horvath voluntarily left the meeting
at this time.
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Dina Cellini, resident— 211 Bal Cross Drive, would like the general employees to also be
eligible for a 5% bonus. Mr. Wolpin reviewed the Manager's memorandum advising that
employees are available for a 1 %-4% bonus and Department Heads and exempt
management employees, not eligible for overtime, are eligible for up to a 5% bonus. Ms.
Cellini doesn't think there should be a cap system and thinks that all employees should be
eligible for the same bonus percentage. Councilman Rosenfield discussed the other factors
for the bonus. Mayor Roth advised that the employees perform outstandingly. He noted that
he has asked for a study of general wages to be reviewed. Councilman Sanz questioned if
Department Heads or Managers receive overtime. Mr. Wolpin advised that they don't. Ms.
Cellini questioned if Mayor Roth is directing the Manager to do a study. Mayor Roth advised
that he has already done that.
Brian Mulheren, resident — 10245 Collins Avenue, thinks that the employees who
worked during the hurricane should be given a little more this time. Mayor Roth advised that
was addressed and Mr. Treppeda did pay them extra.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to approve a
5% bonus for both the Village Manager and the Village Clerk The motion carried unanimously
0-0), with Assistant Mayor Berlin and Councilman Jacobi absent.
12. OTHER BUSINESS:
John Donahue, resident — 10245 Collins Avenue, discussed the trucks spraying the
palm trees and questioned what they are spraying. Mr. Treppeda reported that they are
spraying water, to keep the birds off.
Rhea Kelly, resident, advised that she is raising an issue for Ms. McGinnis. She advised
that during the hurricane Ms. McGinnis' neighbors' tree fell on her house, caused damage,
and no action has been taken against the neighbor. Ms. McGinnis is requesting assistance
from the Village to trim the tree. Ms. Kelly requested assistance for Ms. McGinnis. She
explained that Ms. McGinnis has given permission to cut the tree. Ms. Kelly advised that
Ms. McGinnis doesn't have the right to cut the tree and Mr. Sussman has refused. She
thinks there should be some action against Mr. Sussman. Mr. Treppeda advised that this is
a civil matter, between two neighbors. He advised that the Sussmans have been cited for a
Code violation. Mr. Treppeda thinks that Ms. McGinnis should contact her insurance
company and make sure she takes care of her property, as soon as possible.
Chief Hunker advised that the Sussmans were cited for this violation, but the problem is
that it's a civil liability issue. He explained that at one time the tree was encroaching on Ms.
McGinnis' yard and during the hurricane the limbs fell on the house. Chief Hunker advised
that the Sussmans' position is that it was an act of God and therefore Ms. McGinnis'
insurance should cover it. He explained that the Sussmans were cited, because of the
encroachment, so there are two different issues. Chief Hunker advised that Ms. McGinnis
did give a waiver to the Sussmans to remove the tree. He explained the problem is that the
Sussmans feel that it's an act of God and they're not liable and Ms. McGinnis feels that
they are responsible, because of the encroachment. Chief Hunker noted that it's a legal
matter, between two parties. He advised that a code enforcement hearing will be set for the
violation.
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Chief Hunker discussed other violations at the Sussmans' property. Mr. Wolpin advised that
it's a private legal matter.
Carter McDowell, representing the Sheraton Bal Harbour Joint Venture, requested that
a meeting be set for the St. Regis ordinance on January 5tn. Mayor Roth questioned if a
Development Agreement can be worked out by then. Mr. McDowell thinks that it can. Mr.
Wolpin advised that the Council can set the meeting for January 5, 2006, at 9:00 a.m. and if
the Development Agreement is not ready, then the Council could elect to defer it again.
Babak Raheb, resident — 128 Balfour Drive, discussed having the meeting so close to
January 1st. Mayor Roth explained that Mr. Stierheim was out of town for a week.
Brian Mulheren, resident — 10245 Collins Avenue, thinks that it should be done at the
regular Council meeting. He thinks this item should have been discussed at the beginning
of the meeting, because it's being added to the agenda without public notice. Mr. Mulheren
thinks that the Council is giving preferential treatment to people and doesn't think that this
follows the sunshine law. Mr. Wolpin advised that this was discussed under Tab C and at
that time, the Council stated that before the meeting ended, at the recommendation of
Stephen Helfman, that the Council would confirm the date and time for that special
meeting.
Councilman Rosenfield noted that the Council has postponed this numerous times. She
pointed out that this item was supposed to be heard today, but was not, because the
negotiations were not complete. Councilman Rosenfield discussed the numerous meetings
that the public has attended, regarding the project. She thinks that they should have an
opportunity to present it to the Council.
Mr. Raheb is not against the building, but wants it to be done properly. He thinks that
setting a special meeting shows that the Developer gets special attention.
Gabriela Webster, resident — 30 Park Drive, thinks that they should meet January 5th.
Dina Cellini, resident— 211 Bal Cross Drive, thinks that people who are interested know
about the regular Council meetings and doesn't think this calls for a special meeting. Ms.
Cellini questioned if there is a meeting on January 5th and the project is passed on first
reading, when the second meeting is proposed. Mayor Roth advised that would be at the
regular February Council meeting.
Mr. McDowell explained that the hotel is scheduled to close at the end of May and needs to
make a decision in January whether that's happening or not. He advised that they have
been delayed since the application submittal in April. Mr. McDowell advised that they are
asking, as a courtesy, for a first reading in January. He explained that it's important for the
Starwood companies to make a decision on this property, which is the largest taxpayer in
the Village. Mr. McDowell requested having the first reading on January 5th and the second
reading in February. Mayor Roth questioned the difference. Mr. McDowell explained that
the difference is in making a decision as to whether the hotel is going to close or not.
Jordan Cohen, resident — Balmoral, is concerned about the Village negotiator being
rushed. He is against having the meeting on the 5th and thinks it should remain on the 17tn
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358
Rhea Kelly, resident, is in favor of the January 5th meeting.
Gabriela Webster, resident — 30 Park Drive, thinks that the meeting should be on
January 5th and that Mr. Stierheim should understand that the residents need to be
informed and need to voice their concerns.
A motion was offered by Councilman Rosenfield and seconded by Councilman Sanz to have the
meeting on January 5`h' 2006, at 9:00 a.m., conditioned upon the full Council being present and
the Development Agreement being available and, if those conditions are not met, then the matter
will be further continued. The motion carried unanimously (3-0), with Assistant Mayor Berlin
and Councilman Jacobi absent.
It was the consensus of the Council not to have the second reading before the February regular
Council meeting.
Mr. Mulheren thinks the bird situation is terrible and should be worked on seven days a
week. Mr. Treppeda will look into that. Mr. Mulheren discussed the traffic from the One Bal
Harbour and the Harbour House projects.
Mayor Roth announced that the Village will have a 60th Anniversary event in March at the
Sea View.
13. ADJOURN: There being no further business to come before the Council,
the meeting was adjourned at 11:54 a.m.
May Seymour Rot
Attest:
Ellisa Horvath, CMC
Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 12/20/2005 16