HomeMy Public PortalAbout2006-11-14 Regular Meeting477
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - NOVEMBER 14, 2006
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November 14,
2006, at the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour,
Florida).
1. CALL TO ORDER /ROLL CALL: The meeting was called to order at 9:47
a.m. by Mayor Roth. The following were present:
Mayor Seymour "Sy" Roth
Assistant Mayor Howard J. Berlin
Councilman Jean Rosenfield
Councilman Jaime M. Sanz,
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Admin. Assistant
Richard J. Weiss, Village Attorney2
Absent: Councilman Joel S. Jacobi
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done.
3. APPROVAL OF MINUTES: A motion was offered by Councilman Rosenfceld
and seconded by Councilman Sanz to approve the minutes of the October 17, 2006, Regular
Council Meeting, as submitted. The motion carried unanimously (4-0).
4. PRESENTATIONS:
Officer of the Month for September 2006: Chief Hunker presented
Sergeant Raymond Haselman with the September Officer of the Month Plaque, in
recognition of his actions leading to the capture of robbery subjects.
Officer of the Month for October 2006: Chief Hunker presented Officer
Ramon Fernandez with the October Officer of the Month Plaque, in recognition of
numerous arrests.
5. ORDINANCE SECOND READING /PUBLIC HEARING: The
following ordinance was ready, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE CHAPTER 21 "ZONING," ARTICLE I "IN GENERAL," BY
1 Councilman Sanz left the meeting during discussion of the Ordinance Second Reading/Public Hearing.
2 Mr. Weiss left the meeting during Other Business.
Bal Harbour Village Regular Council Meeting Minutes 11/14/2006
W It
AMENDING SECTION 21 -1 "DEFINITIONS AND RULES OF CONSTRUCTION97
AND BY CREATING SECTION 21 -5 "EXPIRATION OF DEVELOPMENT
ORDERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Weiss noted that Mayor Roth requested this item be placed back on the agenda.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to approve
the ordinance.
Mayor Roth opened the Public Hearing.
Alexandra Deas, Bilzin Sumberg Baena Price & Axelrod LLP— Attorney representing
the St. Regis, noted that they do not object to the ordinance, because they don't believe
that it applies to the St. Regis. She clarified that in the event that the Village decides that it
does apply to the St. Regis, then they would object to it. Ms. Deas submitted a letter
presented to the Village, dated July 17, 2006.
Babak Raheb, resident — 128 Balfour Drive, doesn't think that the Village can keep
waiting for the St. Regis project to start. He noted that there is no current timetable or plan
for the hotel to be demolished. Mr. Raheb is in favor of the Ordinance. He suggested that if
the hotel is not demolished in May, then the current contract should be voided and a new
contract should be negotiated.
Brian Mulheren, resident -10245 Collins Avenue, noted that no contract is open- ended.
He thinks that the St. Regis should be included in the Ordinance and he is in favor of it.
Mr. Weiss explained that the Ordinance does not apply to rezoning.
Assistant Mayor Berlin questioned Mr. Nieda when someone receives a building permit, if
the project needs to be finished within a year or to just begin within a year to be in
compliance. Mr. Nieda reported that they must start within a year. Mr. Weiss agreed and
noted that the Ordinance language is in conjunction with the building code language.
Assistant Mayor Berlin questioned how "progressively and continuously" is defined if a 26-
story project pulls a permit and the building isn't completed in a year. Mr. Nieda explained
that permits expire after 180 days and that work and inspections must be in process during
that time. He reported that the St. Regis has submitted the foundation plans for review.
Assistant Mayor Berlin noted that there might be a difference of opinion that the project is
purely a rezoning, since there was a Development Agreement, etc. Mr. Weiss reported that
he advised Mr. McDowell that the Village may have a difference of opinion on that item and
that there may be an issue. Assistant Mayor Berlin doesn't think that they should rely purely
on that zoning language.
Ms. Deas reported that they applied last week and the plans will take several months to
review. Mr. Nieda reported that it will take 6 to 8 weeks before they will have a permit for
the foundation. Ms. Deas reported that they are moving forward. Mayor Roth discussed
time limits for projects, which is normally a year. He clarified that this isn't an open -ended
permit for the project (St. Regis) to start. He further discussed delays of closing dates and
the worth of money changing (the closing date has been extended a year and the building
fees, etc. have gone up since then). Mayor Roth noted that fees were calculated at the cost
Bal Harbour Village Regular Council Meeting Minutes 11/14/2006 2
a year ago. He thinks that closing the hotel and moving furniture would be proceeding. He
noted that the deal made was based on the facts at that time.
Ms. Deas noted that they have applied for permits and the project is moving forward. Mayor
Roth doesn't agree that it's proceeding, since the hotel is operating and receiving income.
He thinks that the condo market has affected the closing date. Mayor Roth thinks the
money should be re- negotiated at the date they're (St. Regis) ready to build. He thinks the
one -year ordinance is very important.
Councilman Sanz left the meeting.
Dina Cellini, resident - 211 Bal Cross Drive, thinks that Mr. McDowell left a flexibility for
his client. She urged the Village to ensure that a time frame be placed in all future
Development Agreements. Mayor Roth agreed. Ms. Cellini is in favor of the Ordinance.
Mayor Roth closed the Public Hearing.
The earlier motion was reconfirmed and the motion carried unanimously (3 -0), with the following
roll call vote: Mayor Roth aye; Assistant Mayor Berlin aye; Councilman Jacobi absent,
Councilman Rosenfield aye; Councilman Sanz absent, thus becominz Ordinance No. 513.
6. ORDINANCES FIRST READING: None.
7. RESOLUTIONS /PUBLIC HEARINGS: None.
8. RESOLUTION: The following Resolution was read by title, by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, CERTIFYING SPECIAL
ELECTION RESULTS; PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Horvath reported that the Charter Amendment was approved with the following votes
cast (unofficial results): Yes 586 - No 135.
Note: the Official Results indicated 595 Yes votes and 137 No votes.
Mayor Roth opened the meeting for public comment. There being none, the meeting
continued.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin to
approve the resolution The motion carried unanimously (3 -0); thus becominz Resolution No.
692.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL: Mayor Roth reported that the 60th
Anniversary celebration is December 10 at the Bal Harbour Beach Club.
B. VILLAGE ATTORNEY: Mr. Weiss suggested that the Council consider
changing the structure of the Resort Tax Committee to include the Council, plus two other
Bal Harbour Village Regular Council Meeting Minutes 11/14/2006 3
members, for a total of seven members.
Babak Raheb, resident -128 Balfour Drive, recommended that the two additional people
be Village residents. Mayor Roth discussed industry people being included.
Brian Mulheren, resident -10245 Collins Avenue, thinks residents and taxpayers should
be on the Committee, not the industry. He suggested that people from the industry can
attend and make recommendations. He thinks that money is being spent that doesn't have
to be and that the money should be spent on the Village. Mayor Roth noted that the
Councilmembers are taxpayers. Mr. Mulheren reported that the people want to be involved
and want to be on the Committee. He discussed money spent on a website and tourism.
He thinks money should be spent on the Village's Anniversary, etc. not on a web site.
Councilman Rosenfield noted that every major resort City in the Country has a web site.
She agreed that residents should be on the Committee, but suggested that a business
person also be on it, since the money is generated from the hotels and restaurants. She
thinks that input is needed from every segment of the Village. Mayor Roth suggested five
Councilmembers and two others. He thinks that the Committee Chairman should decide.
Assistant Mayor Berlin suggested having the Village Attorney prepare an ordinance.
Mr. Weiss will draft an ordinance with seven members, with the Council appointing the
other two members.
Dr. Michael Krop, resident - 9601 Collins Avenue, doesn't think the Council should be
part of the Committee, because the other members will be intimidated by them. He thinks
the Committee should bring recommendations to the Council, with the ultimate decision to
be made by the Council.
Mr. Weiss reported that his recommendation was based on the makeup of the General
Employees Retirement Board, but that other than following the procedures to revise, the
Council can do whatever it likes.
Randy Whitman, Bal Harbour Shops, suggested a survey be done to find out what other
cities with similar resort tax structures do: how the Committees are made up, how they
spend the money, etc. He noted that all of the Committee meetings are open to the public.
Mr. Weiss will draft an ordinance for the Committee to be composed of seven members
chosen by the Council.
C. VILLAGE CLERK:
Lobbyist Registration Report: As of November 9, 2006: Mrs.
Horvath reviewed the list of Lobbyists currently registered with the Village. There were no
new Lobbyists from the previous month.
D. VILLAGE MANAGER:
Request for Approval of Sign Permit for One Bal Harbour
Project: Mr. Treppeda explained that WCI is requesting approval for a temporary sign on
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481
their building during construction.
Assistant Mayor Berlin questioned if there's a provision in the Sign Ordinance for an
exception. Mr. Treppeda noted that the sign is similar to the St. Regis sign, which was
approved in the St. Regis Development Agreement. Mr. Weiss explained that there is a
variance procedure in the Sign Ordinance.
Michael Patrizio, Senior Project Manager — Tower Division - WCI Communities,
displayed the proposed sign (17 feet wide by 120 feet tall) announcing the opening of the
Regent hotel, in Spring 2007.
Babak Raheb, resident -128 Balfour Drive, thinks that a fee of $50,000 4100,000 should
be charged, if the Council wants to consider it, since it wasn't included in the Development
Agreement.
Doug Rudolph, resident - 212 Bal Bay Drive, thinks the Village needs to be careful of
how the Village appears as a community. He thinks it sets a bad precedence to hang
banners, signs, etc. He questioned if the Village wants temporary signs hanging off of
buildings and, if so, what sizes, what look, and what time period will they be allowed, etc.
Mr. Rudolph is concerned that this is the first thing people will see as an entrance to the
Village. He requested that the Council question if this is something that the Village wants,
because other buildings may want to do the same.
Councilman Rosenfield thinks the banner is in good taste; however, she doesn't want to
see the number of signs that are in Sunny Isles to happen in the Village. Councilman
Rosenfield thinks there's another way to inform the public that the property has a hotel,
which is probably the major issue, instead of hanging the signage there.
Mr. Patrizio agreed that was the purpose. He didn't know that this would be asking for
special approval. Assistant Mayor Berlin thinks this is a major departure from the Code. He
reported that if they want to pursue it the correct way, then the Council will look at it. Mayor
Roth and Councilman Rosenfield agreed.
Dina Cellini, resident - 211 Bal Cross Drive, agreed with Mr. Rudolph and Assistant
Mayor Berlin. She questioned if there is a right in the Development Agreement to
supersede a Village Ordinance, regarding the Sheraton signage approval. Ms. Cellini
doesn't think the Village had the right to include that in the Development Agreement and
requested that be looked into. She suggested that the Sheraton sign be taken down and
that it go through the same process of a sign variance.
It was the consensus of the Council for the Villame Attorney to look into the issue of the Sheraton
sign•
Brian Mulheren, resident — 10245 Collins Avenue, thinks the signs at the Sheraton
should be removed, since they don't comply with the Code.
Marjorie Schell, resident - 9801 Collins Avenue, thinks that advertising should be done
on the Internet.
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482
Request for Approval of Beer and Wine License for Harbour
House Pool Bar: Mr. Treppeda explained that Council approval is needed for an
establishment to serve alcoholic beverages.
Paul LaRosa, Owner — Harbour House Pool Bar, explained that Village approval is
needed for them to receive their State license. He reported that an opening date is not
required by the State. Mr. LaRosa reported that it's a snack bar. Councilman Rosenfield
questioned if they had a license to serve alcoholic beverages at the Harbour House before.
Mr. Raheb responded that they didn't.
Babak Raheb, resident — 128 Balfour Drive, suggested that the Council wait until the
building is finished.
Brian Mulheren, resident — 10245 Collins Avenue, is concerned that no other
condominium building has a bar, only the hotels do. He questioned if they will have a sound
system, night club atmosphere, etc. Mr. Mulheren wants to know what's going on before
approval is given, since he lives next door.
Mr. LaRosa explained that the amenity is for the building residents and that it's not open to
the public. He reported that it's not operating as a bar and that this type of amenity is
provided in many buildings around the State. Mr. LaRosa explained that the residents
bought the units thinking this was part of it. Mayor Roth questioned when the building will
be completed. Mr. LaRosa isn't sure, but noted that he has a five -year contract with the
building, once it is opened. He clarified that he won't get the final license, until the building
is completed. He requested Village approval, to proceed with the process. Mayor Roth
suggested coming back at a later date. Mr. LaRosa clarified that it will be a snack bar
offering beer /wine and is not a bar.
A motion was offered by Councilman Rosenfield and seconded by Mayor Roth to deny approval at
this time. The motion carried unanimously (3 -0).
Discussion of Proposed Amendment to the General Employees'
Pension Plan for Village Manager's Benefit: Mr. Treppeda explained that Sharon
Quinn Dixon, Tax Attorney, explained the changes that should be done to the Code, at the
General Employees Retirement Board Meeting. He requested approval to expend the funds
necessary for Ms. Dixon to do the work.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin to
approve the expenditure of funds. The motion carried unanimously (3 -0).
Request for Renewal of Village Manager Employment
Contract: Mr. Treppeda reported that the Council appointed Mayor Roth to negotiate the
contract.
Mr. Treppeda left the room at this time
Mayor Roth reviewed the proposed contract with the Village Manager. He noted that the
terms are the same, except for the salary (increase to $135,000.00). The agreement is from
October 1, 2006 through October 1, 2009.
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Mr. Treppeda returned to the meeting.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin to
approve. The motion carried unanimously (3 -0).
Update of Designs for New Village Seal: Mr. Treppeda explained
that the artist has submitted some additional designs for the Council's consideration.
Babak Raheb, resident — 128 Balfour Drive, thinks the seals are generic, without
anything that imprints Bal Harbour. He suggested using the layout of the Village.
Assistant Mayor Berlin suggested that the Council wait for Councilman Sanz to participate
in the discussion. Councilman Rosenfield doesn't think any of the seals are unique.
Chief Hunker will have Officer Quinn work on some additional ideas.
Request for Approval to Renew Mutual Aid Agreement with
the City of Miami Police Department: Mr. Treppeda requested approval to renew the
Mutual Aid Agreement with the City of Miami Police Department.
A motion was offered by Assistant Mavor Berlin and seconded by Councilman Rosenfield to
approve. The motion carried unanimously (3 -0).
Change Order- Bal Harbour Club Beach Aecess Path: Mr.
Treppeda requested approval of $11,998 for additional work to meet ADA requirements and
to provide a slip -free surface on the path.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Rosenfield to
approve. The motion carried unanimously (3 -0).
10. OTHER BUSINESS:
Babak Raheb, resident -128 Balfour Drive, requested a discussion of the Surfside street
closings. Mr. Weiss advised that his firm also represents Surfside, so he does not want to
participate, if the Village is discussing strategy. This item will be discussed at the end of the
meeting.
Brian Mulheren, resident — 10245 Collins Avenue, discussed the mess at the One Bal
Harbour construction site. Mr. Treppeda reported that WCI and Related are hiring off -duty
officers for Collins Avenue and the beach. Dan Nieda, Building Official, noted that 60
laborers have also been brought in by them to clean up the streets. Mr. Mulheren
complained about work starting at 7:00 a.m. Mr. Treppeda requested that Mr. Mulheren
contact the Police whenever that happens.
Mr. Mulheren suggested moving forward with new Police/Village Hall facilities, because the
trailers are temporary. He suggested that Mayor Roth be part of a Committee to study that.
There was no direction from the Council on a Committee.
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Dina Cellini, resident - 211 Bal Cross Drive, complimented the Village Manager and
Police Chief for sending the antique police car to the Veteran's rally parade.
Mr. Weiss left the meeting at this time
Babak Raheb, resident -128 Balfour Drive, noted that Surfside is continuing to block the
streets. He reported that the County sent a letter advising Surfside that what they are doing
is illegal and that if it continues, then the County will sue.
Mr. Raheb suggested that the Council approve for Mr. Treppeda to look at some
fountains /sculptures /benches for the Village, at Founder's Circle. He commended Lydia
Kordalewski for the Village Halloween party.
Mr. Mulheren noted that the Village doesn't have an Attorney for the Surfside traffic issue
and that the Village Council previously approved money to have an outside attorney. Mr.
Raheb doesn't think that any legal representation is needed at this time. Mayor Roth
explained that the Village is not litigating. Mr. Raheb thinks that the County has more power
and representation than the Village and will have more weight in court than the Village.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Rosenfield and seconded by Assistant Mayor Berlin to adjourn. The motion carried
unanimously (3 -0), and the meeting adjourned at 11:05 a.m.
Attest:
Ellisa Horvath, CMC
Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 11/14/2006