HomeMy Public PortalAbout2007-05-15 Regular MeetingYl
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING — MAY 159 2007
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 15, 2007,
at the Bal Harbour Village Hall Council Chambers (655 — 96`h Street, Bal Harbour, Florida).
1. CALL TO ORDER /ROLL CALL: The meeting was called to order at 9:04
a.m. by Mayor Berlin. The following were present:
Mayor Howard J. Berlin
Assistant Mayor Jean Rosenfield
Councilman Joel S. Jacobi
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
Local Planning Agency meeting.
3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor
Rosenfield and seconded by Councilman Jacobi to approve the minutes of the April 13, 2007
Re ,-ular Council Meetinz, April 30, 2007 Council Induction Meeting, and May 8, 2007 Special
Council Meetinz as submitted. The motion carried unanimously (5 -0).
4. PRESENTATIONS: None.
Jerold Blumstein, Administrative Assistant to Dr. Martin Karp (Vice Chair for the
School Board), reported that the Miami- -Bade County School Board approved the addition
to the Ruth K. Broad Bay Harbor K -8 School, which is scheduled to open in August 2008.
He noted that the new K -8 school in Sunny Isles Beach will also open in August 2008.
5. ORDINANCES SECOND READING /PUBLIC HEARINGS:
The following Ordinance was read by title by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 21 "ZONING" BY CREATING
ARTICLE VIII "DOG FRIENDLY DINING" INCLUDING SECTION 21 -460
"PURPOSE AND INTENT; PROGRAM CREATED; DEFINITIONS ", SECTION 21-
461 "PERMIT REQUIRED; SUBMITTALS ", AND SECTION 21 -462 "GENERAL
REGULATIONS; COOPERATION; ENFORCEMENT "; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR SUNSET PROVISION.
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Mayor Berlin requested that the comments from the Local Planning Agency meeting
regarding this issue be incorporated into the minutes.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Councilman Sanz and seconded by Councilman Jacobi to approve. The
motion carried unanimously (5-0). with the vote as follows: Mayor Berlin aye; Assistant Mayor
Rosenfield aye; Councilman Jacobi aye; Councilman Packer aye; Councilman Sanz aye. Thus
becoming Ordinance No. 519.
The following Ordinance was read by title by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
VILLAGE CODE CHAPTER 18 "TAXATION AND FINANCE" BY CREATING
ARTICLE VII "SENIOR CITIZEN HOMESTEAD TAX EXEMPTION" RELATING
TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL
HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING LOW INCOME
SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE
VILLAGE; PROVIDING FOR THE SUBMISSION OF AN ANNUAL APPLICATION
AND SUPPORTING DOCUMENTATION TO THE MIAMI -DADS COUNTY
PROPERTY APPRAISER; PROVIDING FOR WAIVER OF EXEMPTION;
PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME
LIMITATION;PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (5 -0), with the vote as follows: Mayor Berlin aye, Assistant Mayor
Rosenfield aye; Councilman Jacobi aye; Councilman Packer aye; Councilman Sanz aye. Thus
becoming Ordinance No. 520.
6. ORDINANCE FIRST READING: The following Ordinance was read by
title by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY
CREATING SECTION 2 -110 "HEALTH INSURANCE STIPEND FOR RETIRED
CERTIFIED LAW ENFORCEMENT OFFICERS "; PROVIDING VILLAGE
CERTIFIED LAW ENFORCEMENT OFFICERS, WHO RETIRE AFTER
OCTOBER 1, 2006 AND MEET CERTAIN CRITERIA, A MONTHLY INSURANCE
STIPEND UNTIL SUCH TIME AS THE RETIRED OFFICER REACHES THE AGE
OF SIXTY FIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR APPLICABILITY; PROVIDING FOR
EFFECTIVE DATE.
Mayor Berlin explained that the Ordinance is part of the Police Collective Bargaining
Agreement that was approved.
A motion was offered by Councilman Jacobi and seconded by Councilman Sanz to approve. The
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motion carried unanimously (5 -0), with the vote as follows: Mayor Berlin aye; Assistant Mayor
Rosenfeld aye; Councilman Jacobi aye; Councilman Packer aye; Councilman Sanz aye.
7. RESOLUTIONS/PUBLIC HEARINGS: None.
8. RESOLUTIONS: None.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Howard I Berlin: Mayor Berlin presented ideas for greater
involvement between the Village and the community, in addition to a possible resolution to
the issues regarding the Resort Tax Committee. He suggested placement of the following
items on the June agenda:
Discussion of Bal Harbour Village Community Council:
Mayor Berlin discussed the concept of a Community Council consisting of 10 members of
the community, with each Councilmember selecting two residents from their respective
districts, and the Mayor serving as the Chair. He proposed monthly meetings and
suggested that the agenda be open to items submitted by the Community
Councilmembers, with the Director of Tourism, his staff, and representatives from the
business properties invited to attend. Mayor Berlin suggested that the Tourism Director's
monthly reports be reviewed and voted on for the Council's consideration. He thinks that if
the Community Council works, then the Resort Tax Committee issue would also be
resolved. He reported that it would provide an open dialogue between the community and
representatives of the Village in a more relaxed atmosphere. He reported that all meetings
would be noticed and recorded, with the Sunshine law being applicable. Mayor Berlin
suggested a trial period of 6 -12 months, and making it permanent if it works well. It was the
consensus of the Council for the Village Attorney to prepare somethinz for the Council's
consideration at the June meeting
Discussion of Meeting Procedures Mayor Berlin requested
the placement of meeting procedures on the June agenda for adoption, if such formality is
necessary for the following items:
Mayor Berlin suggested providing a Consent Agenda, for non - controversial items. He
explained that before the Consent Agenda is approved, the Council and public would have
the ability to remove any items.
Mayor Berlin discussed a procedure for the public to place items on the agenda through a
process. He suggested that a written explanation and request for relief or direction,
including support for the position, be required. He explained that the Council would then
have an opportunity to review the issue and be responsive at Council meetings. Mayor
Berlin suggested that the items be submitted to the Village Manager, who would then
determine the items with reasonable interest, for placement on the agenda.
Mayor Berlin discussed a procedure for public input before items. He suggested that the
Clerk write down the names of those wishing to speak on an item and then call names
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according their position on the issue (pro or con). He clarified that the Council would hear
all public input before their deliberation. He added that each person should be allowed to
speak only once on each item. Mayor Berlin noted that the public will still be able to appear
under Other Business. He suggested that people be able to sign up in advance with the
Manager or Clerk, if they would like. He thinks that the Council can consider requiring the
public to sign up prior to meetings in the future, if necessary.
Mr. Weiss will place the necessary items for Council approval on the June agenda.
Mayor Berlin reported that Chief Hunker will be installed as the President of the Miami -
Dade County Association of Chiefs of Police.
Councilman Packer suggested that the Village provide a testimonial dinner for former
Mayor Seymour Roth. Mr. Treppeda advised that he is authorized to spend $2500, without
further Council approval. Councilman Jacobi noted that only cocktail parties were done for
former Councilmembers Peg Gorson and James Boggess. Mayor Berlin suggested that
Councilman Packer discuss any ideas with Mr. Treppeda and bring back recommendations
at the June Council meeting.
B. VILLAGE ATTORNEY: Mr. Weiss reported that a lawsuit has been
filed regarding the Village Election. He explained that Councilman Jacobi, the Village Clerk
and a member of the Canvassing Board from the County are listed as defendants. He
reported that the Village Attorneys will be defending Mrs. Horvath and a County Attorney
will be defending the County person. He explained that since it is an election issue, the
Village Attorneys are unable to defend Councilman Jacobi and he has retained his own
counsel.
C. VILLAGE CLERK:
Lobbyist Registration Report: As of May 15,2007: Mrs. Horvath
reviewed the list of Lobbyists currently registered with the Village.
Request for Approval of Reappointment of Architectural
Review Board Members: Mrs. Horvath recommended the re- appointment of James
Silvers, Giorgio Balli, Paul Buzinec, Christopher Cawley, and Jaime Schapiro as Members
of the Architectural Review Board, for another two -year term.
Babak Raheb, resident —128 Balfour Drive, suggested that the Board members attend
the Council meeting to address the Council, if they are interested in serving again. Mayor
Berlin explained that they are not requested to appear at the meeting.
A motion was offered by Councilman Rosenfield and seconded by Councilman Jacobi to approve.
The motion carried unanimously (5 -0).
D. VILLAGE MANAGER:
Presentation of Audit Report for Fiscal Year Ending
September 30, 2006 — Jerry Chiocca, CPA, Rachlin Cohen & Holtz: Chris Wallace,
Finance Director, reported that the Village had a good year last year. He discussed the
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property tax reform issue. Mayor Berlin questioned if the proposal will likely put a hold on
what the Village can spend, raise, or both. Mr. Weiss thinks that it will affect the amount
that can be raised through ad valorem taxes. He reported that his firm will hold a seminar
after the legislation is passed. He thinks that it may prohibit additional money that can be
raised. Mr. Wallace agreed and noted that the discussion is now focused on reducing
taxable value, which would not be good. Councilman Jacobi requested that Mr. Wallace
provide the Council with figures, regarding the possible impact to the Village, by the next
meeting. Mr. Wallace agreed to do so.
Jerry Chiocca, CPA, reviewed the audit and reported that the Village is in excellent
financial position, as of September 30, 2006. He explained that there weren't any instances
of noncompliance. He suggested better closing of the year -end records, in order to have
the audit completed sooner. Mayor Berlin discussed the timing of the audit and questioned
if that was due to internal reasons. Mr. Chiocca reported that corrections had to be made
(bond issues, payroll records, updated accounting manual, etc.). He noted that the Village's
computer system is not state -of -the -art and a new system is being implemented in the
summer (July /August). Mr. Chiocca would like to begin reviewing the files in August, on a
monthly basis, to ensure that all of the items are in compliance, in order to have the audit
completed in January/February. Mr. Wallace thinks that only some of the issues had to do
with the audit delay, a large part being the computer system. He agreed that the auditors
should come in ahead of time, to start reviewing for errors, etc. Mayor Berlin doesn't want
the same thing to happen again next year and would like to know of any problems in the
future. Mr. Wallace discussed problems with finding a utility billing system (software), due to
the small size of the Village's accounts (less than 500). Mr. Chiocca confirmed that the
engagement letter will be changed to show that the audit will be done in January/February
next year. Councilman Jacobi questioned contracting out the utility system. Mr. Wallace will
look into that. He noted that an outside payroll system will be used in the future. Mayor
Berlin questioned a remedy if the audit is not delivered when noted. Mr. Chiocca advised
that termination will be the remedy.
Babak Raheb, resident -128 Balfour Drive, suggested that a penalty be provided if the
audit is late, not just termination. Mayor Berlin agreed and requested that Mr. Weiss
negotiate a financial penalty provision in the contract, if performance is not delivered in a
timely manner. Mr. Wallace noted that he would forfeit his billings after that point, if the
audit isn't delivered in the time frame given. Mayor Berlin advised that if Mr. Wallace's firm
isn't performing as required, then that will be dealt with as well.
Mr. Wallace reported that it was a good year for the Village other than some items, which
have been or will be corrected. Mr. Chiocca reported that the Village's audit is well above
average.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to accent the
audit. The motion carried unanimously (5 -0).
Request for Approval of Contract with Miami -Dade County
Providing for the Rendition of Water Service: Mr. Treppeda requested authorization
to enter into a 20 -year agreement with the County, for the rendition of water service. He
explained that it has been negotiated -by Village Engineer Bill Landis, and reviewed for legal
sufficiency by the Village Attorney. He explained that the County is requesting new
contracts with all volume water customers, to coincide with their consumptive use permits
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from the South Florida Water Management District.
A motion was offered by Assistant Mayor Rosenfeld and seconded by Councilman Packer to
approve. The motion carried unanimously (5 -0).
Mr. Weiss introduced Village Attorney Ed Soto, who worked on the agreement.
Request for Approval of up to $10,000.00 to Install Two Meters
and Check Valve on Emergency Water Interconnect and Approval to Convey the
Emergency Interconnect Water Line to Miami -Dade County: Mr. Treppeda
requested approval of up to $10,000.00 for the County to install two meters and a check
valve, on the emergency water line.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Jacobi to
approve up to $10,000.00. The motion carried unanimously (S 70).
Mr. Treppeda also requested authorization to convey ownership of the emergency
interconnect water line to the County.
A motion was offered by Assistant Mayor Rosenfeld and seconded by Councilman Packer to
approve ownership to be conveyed to the County The motion carried unanimously (5-0).
Request for Approval of Resort Tax Expenditures: Mr.
Treppeda requested approval of the following items, recommended by Tourism Marketing
Director Jose Lima:
1.) Liberty GoGo Sales Missions (May 23 -25 and June 6 -8) $ 6,800.00
2.) Canadian Sales Mission (June 18 -22) $ 8,400.00
3.) Destinational Photoshoot $16,000.00
TOTAL: $31,200.00
A motion was offered by Councilman Sanz and seconded by Councilman Jacobi to approve. The
motion carried unanimously (5 -0).
Request for ADDroval to Purchase Base Covers for Street
Lights: Mr. Treppeda requested approval of $3,795.40 to purchase 20 street light base
covers.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (54).
Request for Approval of Emergency Sewer Repair on Park
Drive Behind 9930 Collins Avenue: Mr. Treppeda requested approval of up to
$18,600.00 for an emergency sewer repair on Park Drive behind 9930 Collins Avenue, in
order to alleviate blockage problems being experienced at the apartment building.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve.
The motion carried unanimously (5 -0).
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Request for Approval of Temporary Increase in Fees for
Village Lobbyist Ronald L. Book: Mr. Treppeda requested approval to temporarily
increase the Village Lobbyist's fee from $2,500.00 to $5,000.00 per month, retroactive from
March 1, 2007 through December 31, 2007. He explained that the request is due to an
active Legislative Session with numerous issues affecting the Village (property tax reform,
etc.). He noted that the fee will return to $2,500.00 per month on January 1, 2008.
A motion was offered by Councilman Jacobi and seconded by Councilman Packer to approve.
The motion carried unanimously (5 -0).
Request for Approval to Expend Police Forfeiture Funds: Mr.
Treppeda requested approval, per Chief Hunker, to expend forfeiture funds in the amount
of $5,500.00 for a Police Motorcycle Lighting Package.
A motion was offered by Councilman Sanz and seconded by Councilman Jacobi to approve. The
motion carried unanimously (5 -0).
10. OTHER BUSINESS:
Mr. Treppeda requested Council approval to review the non - payment penalties for the
Security District Assessments with the Village Attorney. It was the consensus ofthe Council
or Mr. Treppeda to work with the Village Attorney and come back with recommendations.
Babak Raheb, resident -128 Balfour Drive, discussed the Community Council idea. He
discussed the need to sign up for discussion. He would like to keep the small town feeling,
without too much complication.
Chief Hunker reported that the Village will be hosting a reception at the Sheraton for the
National Methamphetamine & Chemicals Initiative Strategy Conference (May 23 -25). He
noted that the Attorney Generals of the United States and Mexico, along with over 900 law
enforcement officials, will be attending the conference.
1.1. ADJOURN: There being no further business, a motion was offered _ by
Councilman Jacobi and seconded by Councilman Packer to adiourn. The motion carried
unanimously (5 - -0) and the meeting adiourned at 9:58 rim.
Mayor Howard J. B
Attest:
Ellisa L. Horvath, , Village Clerk
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