HomeMy Public PortalAbout2007-07-23 Regular MeetingDR
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING — JULY 23, 2007
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 19, 2007,
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 9:00
a.m. by Mayor Berlin. The following were present:
Mayor Howard J. Berlin
Assistant Mayor Jean Rosenfield
Councilman Joel S. Jacobi
Councilman Martin Packer
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
Richard J. Weiss, Village Attorney
Absent: Councilman Jaime M. Sanz
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Building Official
Daniel B. Nieda.
3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor
Rosenfeld and seconded by Councilman Packer to approve the minutes of the June 19, 2007
Regular Council Meeting as submitted The motion carried unanimously (4 -0).
4. PRESENTATIONS:
To Village Council from Ruth K. Broad Bay Harbor
Elementary: Susie Shevlin, Village resident and Ruth K. Broad Bay Harbor
Elementary PTA Member, presented the Council with a plaque, in recognition of the
Village's continued support of the school.
Employee of the Month: Park, Recreation & Transportation Director
Lydia Kordalewski presented Michael O'Quinn, Park Attendant, with the June 2007
Employee of the Month Plaque, in recognition of his action in alerting the police about an
overturned boat in the Indian Creek Canal.
5. ORDINANCES SECOND READING /PUBLIC HEARINGS: None.
6. ORDINANCE FIRST READING: None.
7. RESOLUTIONS /PUBLIC HEARINGS: None.
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S. RESOLUTIONS: None.
9. PUBLIC HEARING:
Consideration of Application for Dog Friendly Dining at Bal
Harbour Bistro (in the Bal Harbour Shops): Mr. Weiss explained the procedures for
the quasi - judicial process. No disclosures were made by the Council. Those planning to
speak at the hearing were sworn in by Mrs. Horvath.
Daniel B. Nieda, Building Official, reviewed his report and recommended approval of the
permit application to allow dog friendly dining at the Bal Harbour Bistro.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve. The motion carried unanimously (4 -0), with the vote as follows: Mayor Berlin aye:
Assistant Mayor Rosenfield aye: Councilman Jacobi aye; Councilman Packer aye: Councilman
Sanz absent
10. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Councilman Packer — Discussion of Exception to Village Code
to Allow Students to Ride Bicycles on Sidewalks to and from School & on the
Vehicle Access Road on the Beach: Councilman Packer suggested that the Village
Ordinance by amended to allow children to ride their bikes on the Collins Avenue sidewalks
to /from school and for the vehicle access road on the beach to also be open for bicycle
riding. Mr. Treppeda reviewed Village Code Sections 19 -27 and 10 -31, prohibiting bicycle
riding on the sidewalks and beach. He noted that the item has come up before and
explained that people are opposed to it, due to the danger it creates for pedestrians. Mayor
Berlin questioned if the Village's Ordinance is consistent or inconsistent with other
municipalities in the area. Mr. Treppeda hasn't seen "no bicycles" signs in other cities, so
he doesn't believe they have anything like this. Chief Hunker reported that bicycles are
allowed on the beach access path in Surfside. He thinks that it's a bad idea on Collins
Avenue, because no bike path is provided. Chief Hunker discussed a recent accident
involving a cyclist on the sidewalk. He suggested that bikes be allowed on the beach path,
with the police monitoring it. He doesn't think bikes should be allowed on sidewalks, due to
the danger.
Councilman Packer questioned if the Ordinance can be designed to allow kids up to a
certain age to ride bikes on the sidewalks to and from school and on the beach path at all
times. Mr. Weiss explained that using an age constraint is a problem, due to Constitutional
issues. He advised that it can be based on hours. Councilman Packer thinks that would
work. Councilman Jacobi agreed with Councilman Packer and offered to work with him on
the issue. Councilman Rosenfield doesn't think a lot of kids will be riding their bicycles to
Beach High.
Bal Harbour Village Regular Council Meeting Minutes 07/23/2007 2
Councilman Packer will conduct a public workshop, with Councilman Jacobi and residents
of the community, and bring back recommendations for the Council's consideration.
Discussion /Consideration of Participation in Miami -Dade
County Fire District: Mayor Berlin reported that he has received several emails from the
Surfside Mayor discussing their Town's consideration of withdrawing from the County Fire
District, due to Miami Beach offering better service at a better price. He noted that Mayor
Burkett is urging all Mayors within the County to discuss the issue, because the County
Commission is voting this month to prohibit municipalities currently a member of the Fire
District from withdrawing from the County Fire service in the future.
Mayor Berlin thinks that the County fire service has been exemplary for the Village and is
located close to the Village. He reported that the Village hasn't conducted an analysis on
the cost difference. He thinks that it may be more of a political issue, since people are
looking for ways to save money in response to the property tax reform. Mayor Berlin noted
that Bal Harbour is further away from Miami Beach than Surfside is, etc.
Councilman Jacobi thinks that the Miami Beach charges are based per call and would cost
just as much or more than the County charges. Councilman Packer suggested just
reserving the Village's right to opt out. Mayor Berlin doesn't know if the Village can have a
placeholder. Mr. Weiss noted that the current provision requires six months notice prior to
the beginning of the fiscal year to opt out, and that time has passed. He explained that the
County Commission has proposed an ordinance eliminating the possibility for municipalities
to opt out in the future. Mr. Weiss noted that the issue is for the County Commission not to
take the option away from the municipalities to be able to opt out in the future. Councilman
Packer thinks that the Village should keep its option open. He suggested a cost analysis be
done for Miami Beach and the County services. Mr. Weiss reported that nothing can be
done to keep the option open, if the County passes the amendment to the ordinance. He
noted that Bal Harbour can go on record that it wants to keep the provision in the current
ordinance to allow opting out in the future. He suggested that the Council direct the Village
Manager to take the appropriate action to notify the Miami -Dade Board of County
Commissioners and work with the League of Cities to make it clear that the Village would
like to keep the option in the current ordinance that's available to opt out. Councilman
Packer agreed.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Rosenfield to keep
the Village's options open pertaining to the Fire District and for that to be made known to the
County Commission. The motion carried unanimously (4 -0).
Mayor Berlin requested that Mr. Treppeda direct that to the Commission in advance of their
meeting.
B. VILLAGE ATTORNEY:
Report on Comments Received Regarding Rules of Procedure
for Village Council Meetings: Mr. Weiss reviewed the following comments received:
favorable comments regarding the Consent Agenda, conduct Council meetings at 5:00 pm
for people who work, meetings should be more informal and the formality in the resolution
went overboard, allow someone representing a group to have more than three minutes to
speak, the rules are not necessary other then allowing people to place things on the
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agenda, the sign -in form is not necessary (people should be able to just raise their hand),
the Mayor's permission should not be unreasonably withheld, the three - minute rule
extension should be looser, the Manager should automatically place an item on the agenda
requested by a resident if it relates to Village business, agendas should be sent out by
email by the Clerk, the Consent Agenda is okay if people are allowed to pull items off, and
a notice should be placed on Channel 77 to notify the Clerk if agendas are wanted via
email. He noted that most felt the meetings are run well. Mrs. Horvath noted that the
agendas are already sent out via email.
Mayor Berlin suggested that the Attorney prepare a resolution allowing for a Consent
Agenda, since it was not a controversial item. He noted that the other items can be taken
up after the summer, when people are back in town. Mr. Weiss explained that the Consent
Agenda could be started for the next meeting agenda and formalized in resolution form at
that meeting.
It was the consensus of the Council to amend the current resolution to allow for a Consent
Agenda.
C. VILLAGE CLERK:
Lobbyist Registration Report: As of July 23, 2007: Mrs. Horvath
provided a list of Lobbyists currently registered with the Village in the agenda.
Selection of September Budget Public Hearing Dates and
September Regular Council Meeting Time: Mrs. Horvath requested that the Council
select dates for the First and Second Budget Public Hearings, and to change the regular
Council Meeting time on September 18, 2007 to 4:00 p.m. (to coincide with the Second
Budget Public Hearing).
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
schedule the First Budget Public Hearing for Tuesday, September 4, 2007 at 5:01 p.m., the
Second Budget Public Hearing for Tuesday, September 18, 2007 at S: 01 p.m., and to change the
Regular Council Meeting time on September 18, 2007 from 9:00 a.m. to 4:00 p.m. The motion
carried unanimously (4 -0).
D. VILLAGE MANAGER:
Request for Approval of Resort Tax Expenditures: Mr.
Treppeda requested approval of the following items, recommended by Tourism Marketing
Director Jose Lima:
1.) Mexico Sales Mission (Sept. 17 -20) $ 9,700.00
2.) Brazil Sales Mission (Oct. 1 -4) $10,700.00
3.) Argentina Sales Mission (Oct. 8 -10) $ 9,400.00
4.) Drive Markets Sales Blitz (Aug. 6 -10) $ 3,000.00
5.) Florida Concierge Association Annual Conference (Sept. 4 -7) $ 4,100.00
TOTAL: $36,900.00
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve $36,900.00. The motion carried unanimously (4 -0).
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Quarterly Financial Update for Third Quarter 2006/2007
Provided by Finance Director Christopher Wallace: Mr. Wallace summarized that
the Village revenues are as expected, with some ahead, and some expenditures exceeded
the expected. He reported that the Village has started receiving money from the St. Regis
project and that the Village is doing well overall. Mayor Berlin requested Mr. Wallace to
explain the additional revenue from property taxes and the exceeded expenditures from
health insurance. Mr. Wallace explained that residents paying delinquent taxes will incur a
penalty, which results in additional revenue to the Village. He explained that the exceeded
expenditure for health insurance costs was due to the original vendor not executing the
proposed contract, which resulted in higher insurance costs from another vendor.
Mayor Berlin questioned if the computer problems that resulted in the audit delay have
been corrected. Mr. Wallace reported that they haven't, but he doesn't expect that to affect
the audit next year. He explained that they will be conducting interim work, which will
identify any problems ahead of time. Mayor Berlin requested that the audit be received by
January 15th next year. Mr. Wallace doesn't see a problem with that.
Request for Renewal of Contract with New Community
Strategies for the Provision of Finance Director Services: Mr. Treppeda requested
approval of the contract with New Community Strategies, Inc. for providing Finance Director
services, for three years.
Mayor Berlin requested that Mr. Wallace's penalty provision for the audit be changed to
January 15th, or within two weeks of receipt from the Auditors. The Village Attorney was
directed to change the language to reflect that.
Babak Raheb, resident — 128 Balfour Drive, questioned what the penalty is. Mr.
Treppeda reported that it's 15% per month.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve the contract, with the noted revision. The motion carried unanimously (4 -0).
Request for Approval of Agreement with Rachlin Cohen &
Holtz for Auditing Services: Mr. Treppeda requested approval of the Rachlin Cohen &
Holtz proposal to perform audits for fiscal years ending 9/30/07 ($51,200.00), 9/30/08
($56,000.00), and 9/30/09 ($60,200.00).
Mayor Berlin requested delivery of the audit by January 15th., Jerry Chiocca reported that
he will deliver the audit to Mr. Wallace by January 15th. Mayor Berlin requested that a
penalty be provided in the contract, if it isn't received by that date. Mr. Chiocca is
concerned about providing a penalty, due to independent and integrity standards. Mayor
Berlin noted that the Village has the ability to cancel the contract at any time. He clarified
that if the audit is not delivered in a timely manner this year, then it will be the last year.
Babak Raheb, resident -128 Balfour Drive, agreed that a penalty needs to be provided.
He requested that the Council direct the Village Manager to have an auditor prepared to
take over, if needed.
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Dan Holder, resident — 24 Bal Bay Drive, doesn't understand how the auditors won't
ethically provide a penalty, but are okay with termination if the report isn't completed on
time.
Mr. Chiocca pointed out that the contract can be terminated at any point. He explained that
the audit was also delayed due to a new Finance Director coming on board, computer
problems, etc. He thinks that if interim work is performed, then it won't be difficult to meet
the deadline.
Mayor Berlin suggested that by December 1St (45 days before January 15th) the Auditor
inform the Council on whether or not the audit will be delivered in time and, if not, the
reasons why it won't be and when it will be done. Mr. Chiocca agreed. Mayor Berlin clarified
that if no penalty is provided and the Council is not happy, then the relationship will be over.
Councilman Packer added that the Council would then look for a replacement at that point.
Mr. Chiocca suggested that the Village retain 15% of the contract, to ensure a timely audit
by January 15th. The Council agreed.
Mr. Raheb suggested that Mr. Chiocca provide the Village Manager with a progress report
in November of what is missing.
Mayor Berlin requested that the following items be added to the contract: an interim
progress report is to be provided on November 1St listing any items that are missing to
complete the audit, a report is to be provided on December 1 s advising if the audit will be
completed by January 15th (if not, the reasons why and when it can be expected), and
providing a penalty of 15% of the contract if the audit is not received by January 15th.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Rosenreld to
timeliness. The motion carried unanimously (4 -0).
Request for Approval of Additional Funds for Basketball
Court Proiect and Sewer Station Drainage: Mr. Treppeda requested approval of
$19,469.07 for the following items:
1. Extension of Basketball Court to Fence
$ 6,800.00
2. Removal of Ficus Hedges and Reroute Irrigation
$ 6,364.07
3. Padding of Fence behind each Hoop
$ 1,200.00
4. Logo on Court (by Rhino Sports)
$No Charge
5. Multi -Court Package (Pickle Ball, Volleyball, Badminton)
$ 1,000.00
(Poles, Net, and Court Lines)
6. Installation of Drain at Sewer Station
$ 4,105.00
TOTAL:
$19,469.07
Mayor Berlin suggested providing a privacy screen on the basketball court fence, since the
Ficus hedge was removed. Mr. Treppeda explained that the hedges were removed from
inside the court due to safety reasons (players running into them) and basketballs, etc.
being lost in them. Assistant Mayor Rosenfield suggested doing the work after hurricane
season. Mr. Treppeda explained that this is the best time for the Park, since it is slow. He
advised the surface could be removed in preparation of a storm, if the Council is
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concerned.
Babak Raheb, resident — 128 Balfour Drive, questioned using Resort Tax funds. Mayor
Berlin explained that the funds were already budgeted in the General Fund.
Dan Holder, resident — 24 Bal Bay Drive, requested that a sound buffer be provided at
the courts. Mayor Berlin suggested installing hedges on the exterior of the fence. Mr.
Treppeda will look into that.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve. The motion carried unanimously (4 -0).
Discussion of Health Insurance Coverage for Fiscal Year
2007/2008: Mr. Treppeda requested authorization to select a health insurance plan that
best meets the needs of the Village employees, while providing a cost savings to the
Village.
It was the consensus of the Council for Mr. Treppeda to bring the issue back at the budget
hearing, when he has a final proposal.
Request for Approval of Replacement of Dead Date Palm on
96th Street and Routine Plant Replacement on Beach: Mr. Treppeda requested
approval of $13,860.00 in Resort Tax funds for Lukes' Landscaping to replace a dead Date
Palm ($6,340.00) on 96th Street and to add /replace plants ($7,520.00) on the beach.
A motion was offered by Councilman Jacobi and seconded by Councilman Packer to approve.
The motion carried unanimously (4 -0).
Request for Approval of Funds for Bodywork to Public Works
Vehicle #242: Mr. Treppeda requested approval of $3,115.00 for Oscar Body Shop, Inc. to
repair rust on Public Works Truck #242.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve.
The motion carried unanimously (4 -0).
Request for Approval to Expend Police Forfeiture Funds: Mr.
Treppeda requested approval, per Chief Hunker, to expend forfeiture funds in the amount
of $1,000.00 for a contribution to the North Miami Pioneer Athletic Hall of Fame Organizing
and Selection Board.
A motion was offered by Councilman Jacobi and seconded by Councilman Packer to approve.
The motion carried unanimously (4 -0).
10. OTHER BUSINESS:
Chief Thomas Hunker reported that off -duty officers are working at the Sheraton site 24
hours, 7 days a week. He noted that the implosion is scheduled for October 2007.
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Babak Raheb, resident — 128 Balfour Drive, requested that the Council authorize Mr.
Treppeda to look into the possibility of adding fountains, etc. to beautify the Village. Mr.
Treppeda reported that the Whitman Trust is looking into enhancing Founder's Circle. Mr.
Raheb suggested providing an area with seating, etc. in front of the Harbour House. Mr.
Treppeda reported that the Village has used Taft Bradshaw in the past for those types of
projects.
Dan Holder, resident — 24 Bal Bay Drive, discussed gas, tractors, noise, and danger
associated with jet skis operating on the beach. He thinks that since the Sheraton is being
demolished that jet skis shouldn't be allowed back on the beach. Mr. Treppeda reported
that the St. Regis is discussing the possibility of continuing some sort of concession there.
Marjorie Schell, resident — 9801 Collins Avenue, doesn't understand how jet skis are
allowed, because the Environmental Protection Agency doesn't allow anything motorized.
Mr. Treppeda will request a full legal review on that.
Councilman Rosenfield questioned the status of the crosswalk signals. Mr. Raheb reported
that ten new crosswalk timer signals have been approved and will be installed by the
County, at no cost to taxpayers.
Councilman Packer discussed the County's mosquito spraying programs.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Jacobi and seconded by Councilman Packer to adjourn. The motion carried
unanimously (4 -0) and the meetin-e adjourned at10:05 a.m.
Attest:
Ellisa L. Horvath, C, Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 07/23/2007
Mayor Howard J. Berlin