HomeMy Public PortalAbout2008-01-15 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JANUARY 15, 2008
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 15,
2008, at the Bal Harbour Village Hall Council Chambers (655 — 96 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
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Richard J. Weiss, Village Attorney
Andrea Greenblatt, Administrative Assistant
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Village resident Sam
Rosenfield.
3. AGENDA: REQUEST FOR DELETIONS /ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
Employee of the Month — November 2007: Chief Hunker presented
Alonzo Clark, Police Mechanic, with the Employee of the Month plaque for November 2007,
in recognition of his assistance during the Sheraton implosion process.
5. CONSENT AGENDA:
Babak Raheb, 128 Balfour Drive, requested the removal of Tab C (Motion Approving
Resort Tax Funds in Accordance with the Director of Tourism's Recommendation) from the
Consent Agenda.
Mr. Treppeda requested approval for the following items on the Consent Agenda:
Tab B: Minutes for the December 13, 2007 Regular Meeting
Tab D: $14,140.35 ($2891.35 Digital Fingerprint Equipment Software
Agreement, $5,000.00 Bi- Annual Bicycle Rodeo, $999.00 Web Site
Development Software, $1,500.00 DUI Saturation Detail, $3,750.00
Annual LEO Awards Gala Tables) and $548.00 monthly (Lease to
Replace Vehicle #266) in Police forfeiture funds
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008
107
108
Tab E: $14,525.27 in Police budgeted funds for Ingersoll Rand to expand the
card reader security system to the new Police holding cell area (General
Obligation Bond funds will be applied for to pay for this item)
Tab F: $33,500.00 for Construction Depot to replace the flooring and wallpaper
in the Police Executive Offices (General Obligation Bond funds will be
applied for to pay for this item)
Tab G: $10,500.00 for Metro Equipment Service, Inc. to provide an emergency
sewer line repair at the main sewer pump station at Founder's Circle
Tab H: $19,578.00 for Homestead Concrete & Drainage to perform
miscellaneous repairs to sidewalks and curbs along Collins Avenue
Tab I: Up to $4,600.00 for Energy Alternatives, Inc. to provide up to 40
additional hours of consulting for assisting in the negotiation of the
renewal of the Village's FPL Franchise Agreement
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
drove the items on the Consent Agenda (other than Item C). The motion carried unanimously
(5 -4).
Item C - Motion Approving Resort Tax Funds in Accordance with
the Director of Tourism's Recommendation: Babak Raheb, 128 Balfour Drive,
requested a list of the items included under Tab C. This item was discussed later in the
meeting to allow time for review by Mr. Raheb.
6. PUBLIC HEARINGS:
Zoning Hearings /Quasi - Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING /PUBLIC INPUT: None.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Bal Harbour Civic Association Request to Enter Lease
A ' reement with Bal Harbour Villa ' e for Pro s e Used for Securi District
Operations: Mr. Treppeda explained the request received from the Civic Association.
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008
2
Stuart Sobel, 271 Bal Cross Drive and Bal Harbor Civic Association President,
reported that the guardhouse, gates, and walls sit on land owned by the Civic Association
and that there is no lease between the Security District and Civic Association for use of that
land, for security purposes. He requested that the Village consider a monthly rent of
$600.00, to be reviewed annually, paid by the Security District to the Civic Association.
Babak Raheb, 128 Balfour Drive, does not recognize Mr. Sobel as the President of the
Civic Association. He read the November 27, 1984 minutes concerning the Civic
Association and reviewed the history. Mr. Raheb is opposed to having a contract with an
Association he doesn't recognize.
Brian Mulheren, 10245 Collins Avenue, requested that the Village Attorney research the
legality of the Village operating private property. He noted a pending lawsuit regarding the
issue.
Dina Cellini, 211 Bal Cross Drive, suggested that the motive for the lease agreement is to
prevent her placement of a nativity scene at the front gate. She noted that since the Village
has been maintaining that property for 24 years, through ad valorem taxes, the Civic
Association has lost control of that property by operation of law and is now a State actor
under Federal law, for purposes of the Civil Rights Act. She noted that the Civic Association
cannot deny her right to put up a religious display, when they are allowing other religions to
put up religious displays. Ms. Cellini thinks that the lease agreement is a charade for an
illegal prejudicial purpose. She questioned why they're not asking for a lease agreement for
the back gate. She noted that if the Civic Association had a right to the agreement, then
they wouldn't have to ask for it.
Gabriela Webster, 30 Park Drive, appreciates Mr. Sobel's interest in formalizing an
agreement and doesn't think it's inappropriate.
Doug Rudolph, 212 Bal Bay Drive, noted that the Civic Association owns the property
being discussed, including the roads. He noted that if there's loss of property, an injury, etc.
then the property owner is held liable for it. He thinks that the Civic Association is
requesting the Village's blessing, because the Village operates the Security District. He
suggested expanding the lease, to include all of the properties owned by the Association.
Beth Bercowitz, 10160 Collins Avenue, noted that the green space in the Security District
is listed as green space and, as such, should belong to everyone in the Village to use.
Mr. Sobel clarified that the agreement would cover all components of the Security District,
not just the front. He noted that it has nothing to do with anything else.
Mr. Weiss noted that he cannot comment on the legality of the Security District, due to the
pending lawsuit (challenging the legality of the Special District set up to collect fees from
the residents). He noted that if the Village doesn't prevail in the litigation, then the
methodology of the Village collecting the money, etc. could disappear. He clarified that the
Council needs to decide whether or not it wants the Village Attorney to negotiate a lease
agreement with the Civic Association. He further clarified that the Village is the party
operating the Security District.
A motion was offered by Councilman Packer to table the discussion. The motion failed, due to the
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 3
109
lack of a second.
A motion was offered by Councilman Jacobi and seconde b y M Berlin (f or discussion
purposes) to authorize the Village Attorney to begin working with Mr. Sobel on a proposal to
brin - back be ore the Council or consideration. The motion ailed due to the lack o a vote.
Councilman Packer suggested a workshop meeting. He thinks there's an internal dispute in
the Civic Association itself. Mayor Berlin noted that the Village serves as a manager. He
explained that the direction to the Village Attorney could be to give the Council more
information including, but not limited to, the actual lease that he proposes the Council
consider, so that there is more information.
Councilman Rosenfield questioned the purpose of the $7,200. Mr. Sobel explained that it
would be used for insurance costs.
Mayor Berlin suggested that Mr. Sobel voluntarily withdraw this item from the agenda, meet
with the Village Attorney, and come back with an actual proposal. He also suggested that
Mr. Sobel meet individually with each Council member, so that the proposal is better
understood.
Mr. Sobel withdrew his request.
Babak Raheb, 128 Balfour Drive, suggested that the money to cover insurance costs be
added to the Security District budget, so that a lease agreement is not needed.
Item C - Motion Approving Resort Tax Funds in Accordance
with the Director of Tourism's Recommendation: Babak Raheb, 128 Balfour Drive,
has no opposition to approving the items included under Tab C.
Mr. Treppeda requested approval to expend resort tax funds for the following:
1.) Sales Calls to American Express Call- Centers (North Carolina) $ 1,320
2.) Northeast Tourism Sales Mission $19,137
(Washington DC, Philadelphia PA, Boston MA)
A motion was o eyed b Assistant Ma or Rosen geld and seconded b Councilman Jacobi to
approve $20,457 in resort tax funds for Item C. The motion carried unanimously (5 -0).
Discussion of Bal Harbour Village Beach Erosion — Brian
Flynn, Miami - Dade County DERM: Carlos Espinosa, Director of Miami -Dade
County DERM, reported that they are working with the Village Manager to resolve issues
regarding parking and access to the jetty. He discussed the meeting with the County and
the FDOT (Florida Department of Transportation) regarding the lease on the parking lot. He
reported that the access next to The Regent has been partially opened. Mr. Espinosa noted
that beach renourishment in the County is paid 50% by the Federal government and that
the County has an agreement with the State and Federal government that requires parking
and public access to be maintained. He explained that the beach access has been closed
longer than anticipated, but that it looks like its coming to an end soon. He reported that
they are trying to mediate an agreement between the Village and FDOT for a new lease for
the parking lot. He noted that their critical issues are the lease agreement for the parking lot
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 4
and full opening of the public access.
Brian Flynn, DERM, reported that they are modifying their existing permits to allow for a
small renourishment of the Bal Harbour beach, which should be done in a couple of
months. He explained that sand will be trucked in for that project, since it is small. Mr.
Treppeda discussed sand being donated by the Sheraton project. Mr. Flynn explained that
the Sheraton sand may be stored at Haulover, until the permits are received. Mayor Berlin
thanked Ken Smuts for preserving the sand.
Raj Singh, Sea View Hotel, questioned the areas to be re- nourished. Mr. Flynn reported
that they will be meeting with the consultants to determine that. He thinks that most of it will
be done on the north end of the beach, where the dunes are being compromised. He
explained that the worst areas will be done and then they will work with the Army Corps of
Engineers for a larger project.
Stanley Whitman; Bal Harbour Shops, discussed the need for a permanent solution for
the erosion. He suggested extending the riprap further into the ocean, to trap the sand and
pump it across, which has been done in other areas for years. Mr. Whitman discussed the
cost of sand at $50 per cubic yard. He suggested asking the County to engage a consultant
regarding the extension of the riprap. He requested the Council to take action on a long-
term solution. Mr. Flynn explained that a lot of the inlets along the coast use sand
bypassing, to prevent the south beaches from eroding. He explained that they are in effect
doing that without having a (between the jetty and the inlet) fixed system through the
periodic dredging projects. Mayor Berlin discussed extending the jetty out and having a
pumping mechanism to pump the sand accumulating on the north side of the jetty. Mr.
Flynn advised that the State would have to approve and permit that. He thinks that initial
construction would be $3-4 million plus annual maintenance. He doesn't think the State
would view that as cost effective, because the dredging is paid for 100% by the Federal
government. Mr. Flynn explained that if it's a beach erosion control project, then the State
and County would have to pay. He noted that the areas with a pumping system generally
pump hundreds of thousands of cubic yards of sand and Haulover is pumping 20,000 cubic
yards per year, so not enough sand is at the Inlet. Mayor Berlin suggested engaging a
consultant to consider alternatives. Mr. Espinosa noted that has been studied before and is
not cost effective. He reported that they can review those conclusions and see if any of the
basic factors have changed. He noted that the Village can do that and the County can
provide the prior data, but he doesn't think it's cost - effective. Mr. Espinosa noted that the
Inlet is dredged every. 4 -5 years, at no cost to the Village.
Mayor Berlin requested County representatives to attend the February meeting, with a
report on the options that were considered in the past for a permanent solution, the reasons
why or why not its cost effective, and to provide an idea on how material the sand is that
the Village receives for free through dredging, in order for the Village to consider how to
proceed. Mr. Espinosa agreed.
Mr. Espinosa reported that FDOT has reported that if the public access is not in place, then
they will close the parking lot. Mr. Treppeda advised that FDOT is currently working on the
parking lot agreement. Mayor Berlin noted that the Village isn't doing anything to hold them
up. Mr. Espinosa reminded the Council that public access is integral to all the agreements
that the County has with the State and Federal government.
Mr. Weiss thanked Mr. Espinosa and his staff on working with the Village on the implosion
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 5
111
112
issue, etc.
Quarterly Financial Update for First Quarter 2007/2008 —
Christopher Wallace, Finance Director: Mr. Wallace reported that the funds are as
expected. He reviewed that the Village has received a good portion of the property taxes
and explained that the State revised the expected State tax collection, which will result in
less revenue, due to the change in the economy. He reported that the Tourism Fund is on
target and the expenditures are below anticipated. Mr. Wallace reviewed that the Security
Fund has received most of its levied assessment revenue and expenditures are below
expected. He reported that the Water and Sewer Fund is on target and expenditures are
below expected.
Mayor Berlin questioned the progress on the audit. Mr. Wallace reported that the field work
is complete and he has received a draft of the trial balance. The Council will have the report
at the next meeting.
Update on the State Board of Administration Local
Government Investment Pool — Christopher Wallace, Finance Director: Michael
Popok, Village Attorney, explained that the Village's forfeiture and other surplus funds are
invested in the Local Govemment Surplus Pool, which is administered by the State. He
noted that the total balance is approximately $11 million, with a 5'/2% average rate of
return, prior to the issues raised in November (approx. $50,000 per month of interest). He
explained that in November, due to the sub -prime mortgage crisis, $2 billion of the total $24
billion pool was invested in securities that were tied to the sub -prime market. Mr. Popok
noted that in November, due to the collapse of the sub -prime market, municipalities began
withdrawing funds. He explained that in order to stop a run on the funds, the State walled
off $2 billion of the fund and limited the amount of withdrawals municipalities could make.
He noted that the principal amount doesn't appear to be in jeopardy, however, in order to
void the collapse the State decided not to provide any interest payments for a period of
time ($95 million per month) to invest back into the $2 billion that was tied to the sub -prime
market and to make limitations on withdrawals.
Mayor Berlin questioned the present market value of the investments compared to costs,
which he thinks is less. Mr. Popok thinks that if there's a loss in principal then it's negligible .
and that the only loss is the interest payment not being paid. Mayor Berlin reviewed Tab M.
Mr. Popok reported that he doesn't have the figures for November. Mr. Wallace reviewed
the information in Tab M. Mayor Berlin noted that as of November, the principal amount is
down $100,000. Mr. Wallace agreed. Mayor Berlin thinks that's material. Mr. Popok noted
that is for the total fund for all the municipalities, not just Bal Harbour. Mayor Berlin noted
that it's down 5 %. Mr. Popok explained that the Fund is divided into A ($22 billion) and B
($2 billion). He clarified that Fund B suffered losses, but needs to review the December
statements to determine how much. He noted that there could be a loss on the principal
side, but that the primary loss is in the interest, which he needs the December statements
to determine.
Mayor Berlin questioned the real paper loss. He thinks it's more like a money market, than
an. investment pool. Mayor Berlin questioned what the strategy is to deal with it. He wants
to know if the municipalities pulling out are doing the right thing or if the Village should stay
in and, if so, why it should. Mr. Wallace thinks that if the Village pulled out, then it would
loose the investment payments for November and subsequent months. He will get the
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 6
December report as soon as it's available. Mr. Wallace was directed to send a memo to the
Council and Village Attorney and advise if there has been any recoupment. Mayor Berlin
noted that if there hasn't been, then he would like to call a special meeting for Mr. Wallace
to recommend a strategy to deal with it. He wants to know if it's financially reasonable to
stay in the pool. Mr. Wallace noted that if the Village tried to pull funds out of the B fund
then the Village would have to go to court to do so. Mr. Popok was directed to attend any
special meeting that is held regarding this issue.
Babak Raheb, 128 Balfour Drive, doesn't want the Village to wait too long to have its legal
rights enforced.
Discussion of Bus Shelters as Requested by Councilman Sanz:
Councilman Sanz reported that he has received complaints about the bus stops (no
protection from the rain, etc.). He reviewed the report provided by William O'Leary,
Landscape Architect, and is satisfied with his comments that the shelters may have to be
replaced in the near future and that retrofitting the existing shelters for rain protection does
not appear feasible.
Babak Raheb, 128 Balfour Drive, likes the current bus stops and doesn't want them to
become shelters for the homeless, etc.
Stanley Whitman, Bal Harbour Shops, noted that the prior bus stops had more shelter,
which created problems with graffiti, heat, people using it as a bathroom, etc. He thinks that
the current shelters adhere to the image of the Village.
Brian Mulheren, 10245 Collins Avenue, thinks the shelters are fine. He requested a bus
shelter at the Bellini Condominium.
Dina Cellini, 211 Bal Cross Drive, thinks the shelters need to have roofs and be
consistent. She suggested clear glass on one side, for rain protection.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of January 15, 2008: A list of
Lobbyists currently registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY:
Update on the State Board of Administration Local
Government Investment Pool: This item was discussed earlier in the meeting.
D. MAYOR AND COUNCIL:
Assistant Mayor Rosenfield commended the Parks and Recreation Center on the Snow
Festival. The Council and Mr. Treppeda thanked Park and Recreation Director Michael
O'Quinn and his staff.
Councilman Packer commended the Maintenance Department on the removal of the algae
on the jetty, to prevent accidents.
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 7
113
Discussion of Mirrors for Exit Driveways East of Collins
Avenue — Councilman Packer: Councilman Packer requested that the Council direct
the Village Attorney to prepare an ordinance, for mirrors to be installed at the south side of
the building exits on the east side of Collins Avenue, to prevent accidents.
Doug Rudolph, 212 Bal Bay Drive, questioned if there is condo support for the mirrors.
He doesn't know if it's a look that Bal Harbour wants, but noted that if it's a safety issue
then it should be looked into. Mr. Rudolph suggested a workshop meeting for resident input
and requested that the Council consider this carefully before proceeding.
Brian Mulheren, 10245 Collins Avenue, reported that some of the buildings have mirrors.
He noted that it's a safety issue, especially for pedestrians. He also suggested the need for
properly placed stop signs. Mr. Mulheren doesn't think it's an aesthetic problem. He thinks
the One Bal Harbour and Harbour House need mirrors.
Dina Cellini, 211 Bal Cross Drive, supports the placement of mirrors at the driveways on
the east side, for pedestrian and vehicle safety.
Babak Raheb, 128 Balfour Drive, has no objection, for the safety reasons. He suggested
that the Village recommend that it be done by the buildings voluntarily, prior to passing an
ordinance, since its private property.
Neil Alter, 9801 Collins Avenue, discussed the increase in pedestrians, which will
increase the risk. He thinks that placing mirrors is a small inconvenience, to safeguard
against accidents.
Chief Hunker suggested that the Village request the buildings do this for safety reasons and
provide them with specifications. He thinks it's a great idea, but doesn't think it should be
done by ordinance. Chief Hunker reported that there haven't been any major incidents and
noted that the pedestrians also need to be cautious. He offered to have PSA Akelaitis work
on a plan. Mr. Treppeda will also have the Village Attorney involved in the process.
Mayor Berlin suggested contacting the buildings, to see if there is compliance, prior to an
ordinance.
Councilman Packer reported that he has attended most of the condo meetings and there
haven't been any objections. He clarified that the condos haven't voted on the issue.
Councilman Packer thought that an ordinance would be easier for uniformity, etc. He noted
that the west side buildings do not have the same problem, which is why he only proposed
the east side.
Assistant Mayor Rosenfield is in favor of each building making their own decision, without
an ordinance, but would like the police department to recommend mirror size, etc. She
thinks that the west side should also have them, if the east side does, for the same safety
reasons. Councilman Packer agreed.
It was the consensus o the Council or Mr. Tre ' eda and Chie Hunker to meet with each o the
buildings with a recommendation for the placement of mirrors on a voluntary basis, which can
include the west side. The Village Attorney will review the recommendation for liability issues.
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008
8
10. OTHER BUSINESS:
Brian Mulheren, 10245 Collins Avenue, discussed concern that he was unable to speak
under a prior item. He suggested that the Village Lobbyist expedite the beach permits for
the Village. He discussed rules and meters needed for the parking lot. Mayor Berlin
explained that he did not realize that Mr. Mulheren wanted to speak prior to closing public
comment on the item and that he was able to speak under Other Business. Mr. Treppeda
advised that the Village Lobbyist was contacted regarding the beach permits.
Babak Raheb, 128 Balfour Drive, discussed an incident with a guest of a resident being
injured at the Park. He suggested that if a minor resident brings a guest who is a minor,
then there must be adult supervision.
Mr. Raheb requested Councilman Sanz to provide a date when he will be moving back into
his district. Councilman Sanz expects to meet with Related in the first week of February. He
noted that there have been some legal problems with Related. He noted his intention to
move back into the district.
Mr. Raheb suggested that Councilman Sanz's district be increased and Assistant Mayor
Rosenfield's district be decreased.
Betsy Bystock, 80 Park Drive, noted that the attendant in the Park is an adult and she
thinks it's unrealistic to require an adult supervisor for older children.
Raj Singh, 53 Camden Drive, questioned the status of the Resort Tax Committee. Mr.
Weiss reported that questions were raised concerning the composition of the Committee,
so they have been working with the Ethics Commission on a possible solution for the
structure of the Committee to maintain the basic intent of the Committee, while eliminating
the potential for any conflicts of interest. He expects a solution in the near future.
Neil Alter, 9801 Collins Avenue, suggested installing cameras at 96 Street and Harding
Avenue, for safety issues. Chief Hunker explained a process to install traffic cameras. He
reported that the company installing the cameras would receive 60% of the revenue and
the Village would receive 40 %. He clarified that if the State passes a law, then most of the
revenue will go to the State, unless the Village passes something prior to that time. Chief
Hunker will present a proposal to the Council in the near future for the installation of
cameras. Mr. Weiss explained that those tickets are processed as code enforcement
violations. He will review the issue with Chief Hunker.
Mr. Raheb suggested researching the cost of the cameras before proceeding.
Stanley Whitman, Bal Harbour Shops, thinks the cameras should be researched further,
to preserve the Village's right to receive the revenue.
Gabriela Webster, 30 Park Drive, discussed looking at several issues including
infrastructure and flooding, a historical district, Wi -Fi, etc.
Beth Bercowitz, 10160 Collins Avenue, questioned access for the bicycle rodeo. Chief
Hunker noted that it will be in the Security District, but access will be allowed for all Village
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 9
115
116
residents for the event. Ms. Bercowitz noted that is the only green space available in Bal
Harbour.
Brian Mulheren, 10245 Collins Avenue, spoke in favor of the cameras, for safety
reasons, since it doesn't cost the Village anything. Mayor Berlin discussed the process to
proceed legally. Mr. Mulheren also suggested adding security cameras throughout the
Village.
Dina Cellini, 211 Bal Cross Drive, discussed Tab J. She requested that all
Councilmembers meeting with Mr. Sobel question him if the lease agreement will ensure
that the holiday decorations placed at the gate the last holiday season will be allowed in the
future. She would feel better if the support of the holiday displays would continue. Assistant
Mayor Rosenfield questioned if Ms. Cellini went to the Civic Association meeting to ask
them. Ms. Cellini . responded that she didn't. Assistant Mayor Rosenfield questioned if
someone told her that they were going to disallow it. Ms. Cellini responded no, but that the
Civic Association Board has told her numerous times that they're opposed to the nativity
scene at the front gate and Mr. Sobel has told her that. She suggested that the Council ask
Mr. Sobel why the Civic Association doesn't retake operation of the Security District, so that
a lease agreement wouldn't be needed. She also suggested asking him why the Civic
Association doesn't start paying for the maintenance of its own property.
Ms. Cellini noted that the law requires that the Security District budget be considered at a
certain time during the year (two public hearings in September). She suggested that by
engaging in the lease agreement and giving the Civic Association an additional $7,200 per
year for their budget is skirting the requirements of the law. She thinks that the idea that the
Civic Association is going to be paying itself should contribute to the problem that they are
getting additional revenue for the security budget, without going through the proper
procedures of two public hearings. Ms. Cellini will personally apologize to the Civic
Association Board, if they don't have a problem with the holiday displays and will allow
them in the future.
Doug Rudolph, 212 Bal Bay Drive, past- President of the Civic Association, doesn't think
that the Council has been given the whole picture on the request for the display of the
nativity scene over the years. He thinks that the Civic Association is just making sure that it
has the money to operate properly and is just trying to solve a problem that exists, not
aimed at anybody or anything. Mr. Rudolph agreed with Mr. Raheb's recommendation that
the real essence of the problem is that this narrow definition of what is included in the
security district budget doesn't allow for things such as property insurance, mailings, etc.
He requested that the Council consider Mr. Raheb's recommendation, which Ms. Cellini
doesn't seem to have a problem with, to put in place a broader definition so the Village in its
role in handling the Security District has enough line items to properly run it. He noted that
the Civic Association gave up running it, because it use to handle ego passes, etc. and
didn't have the office, manager or the ability to do those things. Mr. Rudolph thinks that it is
now being handled professionally by the Village. He requested that the Council consider
putting in line items, so it can be handled properly.
Mayor Berlin agreed with Mr. Raheb's recommendation and suggested that it be dealt with
during the budget process in September. Mr. Rudolph noted that the insurance still needs
to be paid. Mr. Weiss reported that special district budgets are amended all the time. He
would need to review the budget to see if money is available and reported that it would
require an ordinance to amend. He explained that the other issue is that the property to be
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 10
insured is not the Village's.
Councilman Packer questioned if Mayor Berlin is suggesting looking at the Village's budget
for the money. Mayor Berlin noted that it would be the Security District budget, not the
Village budget, which they fund through their assessments. Councilman Packer noted that
it's a private organization and doesn't think it needs to come to the Council. Mayor Berlin
explained that the Village approves the Security budget. Mr. Weiss explained that the
Village is a legal entity and has created a security district as a method of collecting money
to provide for security in that district. He explained that there are districts throughout the
County that go to the government and ask for items (street lights) and are willing to
specially assess themselves and ask the govemment to collect the assessments and put in
the items (street lights). He noted that the people in the residential area came to the Village
because they wanted security for their area and requested the Village to collect the money
and provide the security. He advised that the Civic Association has nothing to do with it at
the moment, so the Village collects the money and does what it needs to do, to provide the
service or item that is being assessed (ego pass, etc.). Mr. Weiss explained that it's all part
of the Village's operation of the special security district. He clarified that all of the money for
the Security District comes from the people being specially assessed for the services. He
noted that the Civic Association is saying that the Village is operating the district, but the
security items are on their property and they are asking to be paid for the use of that land.
He explained that Mr. Sobel has presented that the Village pay the Civic Association $600
per month, for the use of the Civic Association property, which would come out of the
money assessed to the residents by the Village. He noted that no money is being spent for
the security services by taxpayers and that is all specially assessed. Mr. Weiss explained
that the reason the Civic Association has raised it at this time is to pay for insurance for the
property. Mr. Weiss needs to look into if the Security District (special assessment money)
can pay for insurance on the property it's using, to protect the Civic Association from any
liability, since they are the owner of the property.
Mayor Berlin suggested that Mr. Sobel come back next month to advise if they want to
proceed with the lease agreement. Mr. Rudolph noted that although the insurance is the
main issue, it's not the only issue. He noted that if it's looked at, then they should consider
expanding all of the line items to not strictly limit it, so the Village can do its job and look at
everything that needs to be put in line items. Mayor Berlin suggested that the Civic
Association decide what it wants to do, speak to the Village Attorney, and come back to the
Council.
Dina Cellini, 211 Bal Cross Drive, noted that the Security District has always had
insurance and questioned why liability insurance isn't in that budget anymore. She noted
that Mr. Weiss neglected to explain that for 20 years the Village had an agency agreement
with the Civic Association, where the Association created a budget, which the Village
approved. She explained that the Civic Association voluntarily voided that agreement five
years ago, because the agency agreement placed additional responsibility on the Civic
Association Board to follow state guidelines of financial disclosure and sunshine law, which
the Board didn't want to be obligated to follow. She volunteered to meet with Mr. Weiss and
Mr. Sobel to offer her knowledge and opinion, with regard to the holiday display issue. She
thinks everyone needs to work together to make the Security District a better place.
Mayor Berlin questioned what Ms. Cellini is offering. Ms. Cellini offered to discuss the
underlying reason for this with the Civic Association, which she believes is the nativity
scene, to come up with a solution to quell her concerns. Mayor Berlin questioned if the
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 11
117
118
issue isn't the nativity scene if Ms. Cellini is supportive of the mechanisms being discussed.
Ms. Cellini doesn't think that it should be handled with a lease. She noted that if she is
wrong, then she will apologize to the Board, but she would like to see evidence that isn't the
motive.
Lynne Bloch Mullen, 10150 Collins Avenue, questioned if The Regent has a certificate of
occupancy, since it looks like people are living there. Mayor Berlin believes a temporary
certificate of occupancy has been issued. Ms. Bloch questioned how many people have
moved in. Mr. Treppeda will provide those numbers.
Chief Hunker clarified that the Police Bicycle Rodeo is being held at the Yacht Basin, not
the green space area in the Security District. He thanked Mr. and Mrs. lmbesi for the use of
the property.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Rosenfield and seconded by Councilman Jacobi to adjourn. The motion carried
unanimously (5 -0) and the meeting adjourned at 11:27 a.m.
Attest:
Ellisa L. Horvath, CM
age Clerk
Mayor Howard J. Berlin
Bal Harbour Village Regular Council Meeting Minutes 01/15/2008 12