HomeMy Public PortalAbout2008-02-19 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - FEBRUARY 19, 2008
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 19,
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. Jacobil
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
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 Jerry Chiocca.
3. AGENDA: REQUEST FOR DELETIONS /ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
Employee of the Month — January 2008: Chief Hunker presented
Pamela Flanders, Police Patrol Secretary and Dispatcher, with the Employee of the Month
plaque for January 2008, in recognition of her assistance with the EGO Pass process.
5. CONSENT AGENDA:
Babak Raheb, 128 Balfour Drive, requested a list of the items included under Tab C
(Motion Approving Resort Tax Funds in Accordance with the Director of Tourism's
Recommendation) from the Consent Agenda. Mr. Treppeda reviewed the items.
Mr. Treppeda requested approval for the following items on the Consent Agenda:
Tab B: Minutes for the January 15, 2008 Regular Meeting and February 4, 2008
Special Meeting
Tab D: $30,365.29 ($2,421.89 Additional Funds for the Wounded Warrior Visit
and $27,943.40 Marked Police Vehicle Design Change) and $520.58
monthly (2008 Dodge Charger Lease to Replace Vehicle #237) in Police
1 Councilman Jacobi left the meeting after approval of the items on the Consent Agenda.
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forfeiture funds
Tab E: $9,000.00 in Police budgeted funds for Construction Depot to conduct
additional work related to the Police holding cell areas (General
Obligation Bond funds will be applied for to pay for this item)
Tab F: $100.00 per month and approval of the addendum to the agreements for
Butler National Services, Inc. to add the Village's two storm water
pumping stations onto the maintenance agreement
Tab G: $8,895.00 for Silver Plumbing, the low bidder, to replace a broken valve
near the Plaza of Bal Harbour property
Tab H: $380.00 per month and approval of the lease agreements with Mears
Leasing for three trucks (2008 Ford F150 XL 4X4 Supercrew Long Bed)
for the Public Works Department
Tab I: $2,520.00 per week, plus materials, and approval of the proposal for
Lukes' Landscaping to inspect and repair the irrigation system on the
beach, to optimize it for maximum effectiveness under strict water
restrictions
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve the
items on the Consent Agenda. The motion carried unanimously (5 -0).
Councilman Jacobi left the meeting.
6. PUBLIC HEARINGS:
Zoning Hearings /Quasi- Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCE FIRST READING /PUBLIC INPUT: The following
Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE BY
REVISING ARTICLE II "RESORT TAX" BY AMENDING DIVISION 2 "RESORT
TAX COMMI'TT'EE", BY AMENDING SECTION 18-45 "POWERS AND DUTIES",
TO ALLOW THE COMMITTEE TO RECOMMEND, NOT DECIDE, MEDIA
PLACEMENT, AND TO CLARIFY THE COMMITTEE'S AUTHORITY
CONCERNING ITS PROCEDURAL RULES; AND TO EXEMPT THE
COMMITTEE FROM THE ETHICS PROVISIONS CONTAINED IN THE MIAMI -
DADE COUNTY CODE PURSUANT TO ADVISORY BOARD EXEMPTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Bal Harbour Village Regular Council Meeting Minutes 02/19/2008 2
Mr. Weiss explained that the issue was raised as to whether there were County rules that
made certain members of the Committee ineligible to vote on certain matters, because they
affected that member's business. The Village Attorneys met with the County Ethics
Commission on Ethics and Public Trust and representatives of the Shops that were
impacted by this. He advised that the Resort Tax Committee was previously able to spend
resort tax money to place advertising, within budgetary constraints, without Council
approval. He noted that this ordinance would require that the Committee's votes be
advisory to the Council instead. Mr. Weiss reported that the State Ethics Code will still
apply, but the County Ethics Code will not apply, so that Committee members can advise
the Council, even if it affects their business. Mayor Berlin noted that if the ordinance is
approved at first and second reading, then a new Committee will have to be appointed. A
representative of the Village Attorney's office would attend the meetings to advise the
Committee on how to conduct business.
Mayor Berlin opened the public hearing.
Neil Alter, 9801 Collins Avenue #11U, is concerned about the exemption of the County
ethics rules and requested clarification of it being justifiable.
Babak Raheb, 128 Balfour Drive, questioned what part of the Ethics Code is exempt
(sunshine, disclosure, etc.) and if the exemption only covers Committee work or if would
extend to the Council, if a Councilmember serves on the Committee. He questioned the
makeup of the Committee and thinks that the language could be resolved, if there were
more residents and less business members involved.
Dina Cellini, 211 Bal Cross Drive, is opposed to an exemption from the County ethics
requirements. She questioned if there's another way to get around the problems with the
previous make up of the Committee. She agreed with Mr. Raheb that some resident
representatives on the Board are appropriate. Ms. Cellini thinks that the funds have been
managed very well, but noted that she doesn't like the exemption. She explained that some
violations may only be with the County Ethics Board and, in that case, unethical behavior
may not be challengeable.
There being no additional comments, Mayor Berlin closed the public hearing.
Mr. Weiss explained the conversations with the County Ethics Board. He reported that the
County felt that the ordinance is a good solution to the problem the Village had. Councilman
Packer would like to research this issue further. Assistant Mayor Rosenfield questioned
what ethical behavior would be eliminated. Mr. Weiss explained that the ethics issue of
voting conflicts would still apply to the Committee. He reported that the County prohibits a
person from serving, if there could be frequent and re- occurring conflicts. He explained that
this ordinance would allow people to serve, with the Village Attorney advising them not to
vote if there is a conflict, under the State Code. Mr. Weiss noted that the Sunshine and
public records laws are not part of the ethics code and that it only affects the conflict of
interest issues. He reported that the intent was to allow people with special knowledge and
understanding of tourism within the community to serve on the Board, without violating the
ethics code. Mr. Weiss explained that the Pension and Architectural Review Boards have
authority to invest, grant retirements, etc. and are not advisory boards. He clarified that the
Resort Tax Committee would be purely advisory to the Council, without the ability to spend
money. He further clarified that Councilmembers serving on the Committee would only be
exempt for their activities on the Committee, but not for the Council or other boards they
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serve.
A motion was o
ordinance on
ered b Councilman San and seconded b Councilman Packer to a
A RESOLUTION OF THE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA,
PROVIDING A 90 DAY EXTENSION TO THE INITIAL FOUR MONTH TRIAL
PERIOD FOR OPERATION OF NON - MOTORIZED BICYCLES ON A
DESIGNATED PORTION OF THE PUBLIC BEACH; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.
9. REPORTS:
A. VILLAGE MANAGER:
rove the
The motion carried unanimousl 4-0 with the roll call vote as
rst readin
follows: Manor Berlin aye; Assistant Manor Rosenfield aye; Councilman Jacobi absent;
Councilman Packer aye; Councilman Sanz aye.
8. RESOLUTION: The following Resolution was read, by title, by Mrs.
Horvath:
Mr. Treppeda explained that the trial period ends March 1, 2008. He recommended
extending the trial period, in order to allow the Village Attorney to prepare an ordinance to
make the change permanent. Chief Hunker reported that no complaints were received
regarding the use of bicycles on the access road.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Sanz to
approve the resolution and direct the Village Attorney to prepare an ordinance to permanently
allow bicycle riding on the beach access roam The motion carried unanimously (4 -0); thus
becoming Resolution No. 702.
Update on Bal Harbour Village Beach Issues — Brian Flynn,
Miami - Dade County DERM: Brian Flynn explained that the County is in the permit
process and expects work to start in four to six months. He reported that the sand from the
Sheraton site is logistically and financial not feasible (to handle and store it) to use. He
noted that sand for the Village project will be used from another source.
Mr. Flynn reviewed the idea of a fixed dredge at the north jetty, to pump sand for Bal
Harbour. He distributed a section of a report, dated March 1995, regarding mechanical
sand bypassing. Mr. Flynn estimated that it would now cost approximately $3.2 million, with
an annual cost of $350,000 to operate. He noted that the maximum amount of sand •
pumped, based on the engineering analysis, would be 24 cubic yards per year, which is
small. He reviewed the cost over 10 years to install and maintain a system on the beach
versus trucking and reported that trucking would save $1 million over the 10 -year period.
Mr. Flynn noted that the results of the report indicated that there are benefits to the fixed
system, but recommended against it, due to the cost of installation and maintenance. He
reported that currently every three to four years, the Army Corps of Engineers dredges the
Haulover Inlet and pumps that sand (30,000 to 280,000 yards) onto the Village's beach, at
no cost to the Village. He thinks that it's better to do larger quantities periodically, instead of
smaller quantities regularly, because the smaller quantities disappear quicker. Mr. Flynn
noted that the County recommends the periodic maintenance projects, combined with
Bal Harbour Village Regular Council Meeting Minutes 02/19/2008 4
regular Army Corps projects, for Bal Harbour. Councilman Packer discussed the current
unacceptable beach erosion. Mr. Flynn explained that the problem was that the erosion
was due to storms and no permits were in place to do work. He reported that once the
permits are in place, they will be able to mobilize immediately to fix future problems. He
clarified that the permits are good for five years, with the ability to be extended. Mr. Flynn
advised that their goal is to permit the entire County, to expedite the approval process for
future erosion problems.
Dan Nieda, Village Building Official, questioned why the County is not using the sand
from the Sheraton site for renourishment. Mr. Flynn explained that the site has 25,000
cubic yards of sand and the original discussion was for 16,000 cubic yards of it to be
screened on site by the Developer, etc. for placement on the Village's beach. He explained
that they have now been told that the sand is not going to be screened and that it would
have to be stored at Haulover for four to six months, until the permits for the renourishment
are received. He added that the remaining sand (9,000 cubic yards) would need to be
stored at Haulover for two to three years until the St. Regis site is ready for it. Mr. Flynn
noted that since the County would have to pay for screening, storing it, and transporting it
back to beach, it wasn't logistically or financially feasible.
Mayor Berlin requested that Mr. Flynn come back next month to discuss the status of the
process. He questioned after the permit is issued, when renourishment will begin. Mr. Flynn
reported that during the 14 -day notice period of the permit being ready, the County will
receive bids and work out the process. Mayor Berlin questioned if sand is earmarked for
Bal Harbour. Mr. Flynn clarified that it's marked for the County, but noted that there's plenty
of sand.
Babak Raheb, 128 Balfour Drive, questioned if the permit will automatically renew after
five years. Mr. Flynn explained that the County will renew it automatically or get a new
permit.
Stanley Whitman, Bal Harbour Shops, discussed the cost of sand. Mr. Flynn reported
that sand currently costs approximately $38 per cubic yard. Mr. Whitman noted that alot of
smaller inlets have the pumping stations and thinks that the cost benefit is there. He
suggested that it be studied. Mayor Berlin questioned how much renourishment a 250,000
cubic yard project would cover. Mr. Flynn reported that it would build the Village's beach out
another 70 -80 feet beyond the existing shoreline and would be considered a complete
renourishment. Mayor Berlin noted that 24,000 cubic yards would be 10% of the beach. Mr.
Flynn explained that amount would be placed from the north end to south end of the beach,
but not on the entire beach.
Dina Cellini, 211 Bal Cross Drive, questioned how the deal with the Sheraton sand
deteriorated. Mr. Flynn reported that the Sheraton decided not to screen the sand and were
requiring the County to store additional sand at a County Park. Ms. Cellini questioned why
that was necessary and requested clarification that the Sheraton would want that additional
sand returned to them after storage. Mr. Flynn advised that was his understanding. He
doesn't know if they pursued another storage location, but thinks that they are now giving
all of the sand to someone else. Ms. Cellini pointed out that they would rather give all of the
sand to someone else, instead of at least giving the Village 16,000 and find another place
for their 9,000. Mr. Flynn clarified that it doesn't make sense for the County financially to do
it (screening, transporting, storage). Ms. Cellini questioned if the County would move
forward, if it just had to screen the sand and not store it long -term. Mr. Flynn noted that
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there is a cost associated with screening and transporting. Ms. Cellini suggested that the
Council intervene with the Developer to rectify some of the problems, so that the Village will
be able to use the sand from the Sheraton, to be able to move quicker. She questioned if
resort tax money could be used to maintain a pumping station, if it is installed.
Mayor Berlin would like an accurate proposal for the installation and annual cost for
pumping. Mr. Flynn explained that a coastal engineering company would need to provide
that. He noted that if it's run through DERM, then they have access to a pool of companies
they can pick from to down analysis. He explained that the Village would probably have to
pay for it, since the County's conclusion has constantly been that it's not cost effective.
Mayor Berlin noted that the study is from 1995 and he would like to have another study
done. He advised the Village Manager that he would like to get a current proposal focused
on that alternative showing the anticipated costs of development, installation and
maintenance. Mayor Berlin requested that Mr. Flynn provide the Council with information at
the next meeting. He noted that the Council can then decide what to do.
Update on the State Board of Administration Local
Government Investment Pool — Christopher Wallace, Finance Director: Mr.
Wallace reported that the Village invests the surplus funds that it doesn't need for
operations in the State Investment Pool. He reviewed that the Pool had financial difficulties
and there was a run on the Pool. He noted that the liquidity of the Pool has now increased
to 37% of the assets and is continuing. Mr. Wallace discussed Fund B and reported that
most of the securities will become liquidated by the end of the fiscal year. Mr. Wallace is
not recommending withdrawing funds from the Pool and thinks that it's still a good
investment vehicle. He will update the Council at the March meeting regarding any
changes.
Babak Raheb, 128 Balfour Drive, questioned the monetary loss of the investments and
the type of investments. Mayor Berlin explained that they are short-term govemment
securities. He reported that the maturity was extended by the State and all of them should
mature by the end of the fiscal year. Mayor Berlin noted that the Village should get all its
money back, at par, by the end of the fiscal year. He explained that the Village would
recognize a loss if they were sold today, because some of them are under par. Mr. Wallace
reported that they do not know if they will be able to collect on one of the securities. He
explained that the Village can't withdraw the risky Pool investments now, because they
have been frozen. He clarified that as they become liquid they are moved from Fund B to
Fund A.
Presentation of Audit Report for Fiscal Year Ending
September 30, 2007 — Jerry Chiocca, CPA, Rachlin Cohen & Holtz and
Christopher Wallace, Finance Director: Mr. Wallace noted that the Village's funds did
very well and the General Fund Balance had $671,000 in revenues over expenditures,
which was more than expected. He noted that the unreserved /undesignated fund balance
portion of the. General Fund is 48% of the expenditures (approximately 5 -6 months of
expenditures set aside for emergencies). The Tourism Fund had $312,000 more in
expenditures over revenue, which was anticipated (fund balance was appropriated to make
up for the loss of the revenue from the Sheraton Hotel). He noted that the loss was less
than budgeted. Mr. Wallace advised that the Water and Sewer Fund made money, but not
enough to cover expenses. He thinks that a rate study will need to be done in the future, for
possible changes.
Bal Harbour Village Regular Council Meeting Minutes 02/19/2008 6
Jerry Chiocca reported that the Village is in excellent financial position. He reviewed pages
13 and 46. He explained that the intemal comments are being resolved (the need to
segregate duties in finance for better internal control). Mayor Berlin questioned the big
items in the General Government expenditure that resulted in a variance of $1.2 to the
positive. Mr. Wallace explained that the Village budgeted L$935,000 in revenue and
expenditure of $935,000 from the County General Obligation Fund ($900,000) and the
Village didn't expend the bond money.
Babak Raheb, 128 Balfour Drive, is happy that the audit is on time.
Councilman San and seconded b
A motion was o ered b
audit The motion carried unanimously (4 -0).
B. VILLAGE CLERK:
Councilman Packer to acce t the
Lobbyist Registration Report: As of February 19, 2008: A list of
Lobbyists currently registered with the Village was provided in the agenda.
Consideration of Re- Appointment of Lois Evans to the Bal
Harbour Village Police Officers' Pension Plan Board: The Council was requested by
the Police Officers' Pension Plan Board to re- appoint Lois Evans to the Board.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to re-
appoint Lois Evans to the Bal Harbour Villare Police Officers' Pension Plan Board The motion
carried unanimously (4 -0).
C. VILLAGE ATTORNEY: No items.
D. MAYOR AND COUNCIL:
Councilman Packer thanked Captain Smith for his work in replacing the buoys on the
beach. He requested an update on the mirrors. Mr. Treppeda reported that Chief Hunker is
proceeding, based on the direction given from the Council. Chief Hunker reported that
letters will be sent to the east side buildings, along Collins Avenue, regarding the placement
of mirrors.
10. OTHER BUSINESS:
Discussion of Security District — Anamarie Kelly and Alberto
Stoppa: This item was withdrawn.
Mr. Treppeda requested that the Council direct the Village Attomey to prepare an ordinance
for the red light cameras. It was the consensus of the Council for the Villaie Attorney to draft
an ordinance for the next meeting Chief Hunker is in favor of passing an ordinance.
Lynne Bloch-Mullen, 10150 Collins Avenue, spoke against opening the North parking lot
after 10 :00 p.m., for safety reasons. Mayor Berlin agreed and responded that Mr. Treppeda
has articulated that the residents do not want the hours of operation to change.
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Neil Alter, 9801 Collins Avenue, requested that the design of crosswalks at the SunTrust
Bank be studied, for pedestrians to cross safely. He noted the lack of a sidewalk to go north
at Collins Avenue and 96 Street. Councilman Packer has noticed that at the comer of 96th
and Harding Avenue pedestrians have to cross the street three times. He will meet with
Surfside Mayor Burkett and come back to the Council with a recommendation.
Stan Whitman, Bal Harbour Shops, discussed the dangerous situation on Collins Avenue
for pedestrians crossing from the north side of 96th Street across Collins Avenue, to the
Majestic. He discussed the width of Bal Harbour sidewalks versus Surfside, which entices
people to use the Bal Harbour sidewalks on 96 Street even though they are crossing the
street with their backs to turning vehicles. He suggested removing the sidewalks on the Bal
Harbour side of the street, east of the bank entry, and replacing it with landscaping, so
pedestrians can't walk on that side of the street. Mayor Berlin thinks that's a severe
solution, since people are accustomed to using that sidewalk. Mr. Whitman also suggested
widening the sidewalks on the Surfside side of 96 Street. Mayor Berlin suggested that
Councilman Packer also meet with Mr. Whitman regarding his thoughts.
Lynne Bloch- Mullen, 10150 Collins Avenue, reported that the police have suggested
having red lights in all directions for pedestrians to cross. Mayor Berlin requested that
Councilman Packer consider the public safety issue.
Marjorie Schell, 9801 Collin Avenue, requested that the Council consider the size of the
openings (between the sea oats) behind the east side buildings, to the beach. She
discussed .the wide opening behind the St. Regis site and the lack of plantings to protect
the beach there. She reported that the beach concession behind the St. Regis property is
still there. Assistant Mayor Rosenfield reported that it has already been voiced that the
Village doesn't want motorized concessions. Mr. Treppeda explained that the beach
concession stand is a legal matter that the Village Attorney is handling. He thinks that
Stanwood is trying to reserve their rights, in case they want something in the future.
Councilman Packer questioned who controls the plantings of the sea oats on the beach.
Mr. Treppeda explained that the Village does the plantings, but is permitted by the State.
Councilman Packer thinks that an increase of plantings behind the St. Regis site should be
looked into.
Babak Raheb, 128 Balfour Drive, suggested that Councilman Packer contact the County
Public Works Department regarding the crosswalks. He suggested that if the security
detection is permanent, then it be located downstairs instead of upstairs for a larger
processing area. Chief Hunker noted that alot of people come into the building for the front
desk, etc. and the security is just for public meetings. Mayor Berlin explained that the
Village is looking into the best location. Mr. Raheb suggested that the police officer be
located outside the meeting room, since it might intimidate people against speaking. Mayor
Berlin thinks that it allows people to feel safe in the meeting room. Chief Hunker thinks that
the best place for the police officer is next to the Council at the meetings.
Neil Alter, 9801 Collins Avenue, questioned if the suggested red light cameras will
capture illegal turns at the intersections. Chief Hunker reported that it will. He explained that
the cameras are at no cost to the Village and that the company will receive 40% of the
revenue and the Village will receive 60 %. Assistant Mayor Rosenfield requested police
presence south on Collins Avenue at 3 p.m., since she has noticed a lot of violations
Bal Harbour Village Regular Council Meeting Minutes 02/19/2008 8
occurring during that time.
Dina Cellini, 211 Bal Cross Drive, questioned if the information captured by the cameras
will be subject to public records requests. Chief Hunker thinks so and reported that the
violations will be code enforcement, not traffic violations. Mr. Weiss clarified that not all the
tapes will always be available for public record (no legal opinion has been given yet). Ms.
Cellini would like to know once the Village Attorney determines that.
Mayor Berlin thanked Chief Hunker and his staff for the new security efforts. He thanked
Guenter Richter, The Regent, for providing cookies at the meeting.
Guenter Richter, One Bal Harbour/The Regent Hotel, reported that the opening is
scheduled for Saturday, March 1, 2008. He explained that the hotel will have the first
Guerlain Spa in the United States. Mr. Richter clarified that the building has 185
residences, 124 hotel -condo units, a restaurant and bar (One Bleu), banquet facilities, and
the spa.
11. ADJOURN: There being no further business, a motion was offered bv
Assistant Mayor Rosenfield and seconded by Councilman Sanz to adiour The motion carried
unanimously (4 -0) and the meeting adjourned at 10:35 a.m.
Attest:
Ellisa L. Horvath,
, Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 02 /19/2008
Howard J. erlin
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