HomeMy Public PortalAbout2008-12-16 Regular Meeting231
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - DECEMBER 16, 2008
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 16,
2008, 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 Attomey
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 Andrea Greenblatt,
Administrative Assistant.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: Mr. Treppeda
requested the removal of Tab C from the Agenda completely and the removal of Tab D
from the Consent Agenda for discussion. He also requested the Addition of Police
Forfeiture Donation $5,000 to the Consent Agenda.
A motion was offered by Councilman Jacobi and seconded by Councilman Packer to delete/add
the items requested The motion carried unanimously (4-0).
4. SPECIAL PRESENTATIONS:
Officer of the Month for November 2008: Chief Hunker presented
Sergeant Paul Deitado with the Officer of the Month plaque, for November 2008.
5. CONSENT AGENDA:
Mr. Treppeda requested approval for the following items on the Consent Agenda:
Tab B: November 18, 2008 Regular Meeting Minutes
Tab E: $4,327.92 for Lukes' Landscaping to repair the beach sprinkler system
booster pump
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Addition: $5,000 in Police Forfeiture Funds
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve the Consent Agenda as amended The motion carried unanimously (4-0).
Tab D — Motion Approving Performance Bonuses for General Employees:
Mr. Treppeda clarified that the amount requested is an "up to" number, since all of the
bonuses have not been calculated. He further clarified that bonus amounts vary from zero
to 4% for general employees and zero to 5% for department heads and exempt
management employees not eligible for overtime.
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Jacobi to
approve Item D. The motion carried unanimously (4-0).
6. PUBUC 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:
Consideration of Resort Tax Contribution for Destination
Fashion 2009 Benefiting The Buoniconti Fund to Cure Paralysis — Susan Sayfie
and Stephanie Sayfie Aagaard: Mr. Treppeda reported that $100,000 is budgeted in the
Special Events Contingency line -item of the Resort Tax budget, which is the amount
contributed to the event in 2004 and 2007.
Suzie Sayfie, Executive Director, and Stephanie Sayfie Aagaard, Director, Major Gifts,
Corporate Relations, Marketing & Events, discussed plans and requested support for the
third Destination Fashion Event at the Shops, scheduled for March 7, 2009.
Dan Holder, 24 Bal Bay Drive, spoke in favor of efforts to cure paralysis and discussed
concerns of the concert disturbing the residential neighborhood. Ms. Aagaard reported that
the concert will be located in the parking lot in front of Carpaccio.
Assistant Mayor Rosenfield spoke in favor of the event, but discussed concerns about
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safety and insurance. Ms. Aagaard reported that all participants are insured. Ms. Sayfie will
discuss any past problems with the insurance company. Assistant Mayor Rosenfield
requested assurance of adequate lighting, to prevent any accidents. Ms. Sayfie guaranteed
that the lights will not be dimmed. Councilman Packer questioned if the Village has to
provide insurance as a contributor. Mr. Weiss reported that the Village doesn't take on any
liability. Chief Hunker announced that the officers will donate their services at no charge..
A motion was offered by Assistant Mayor Rosenfield and seconded by Councilman Packer to
approve a $100,000 contribution. The motion carried unanimously (4-0).
Discussion of Ba1 Harbour Village Beach Erosion — Brian
Flynn, Miami -Dade County DERM: Mr. Flynn was not at the meeting.
Presentation of Sand Transfer Station Study by Coastal
Systems International and Request for Approval of Continued Engineering
Services and Studies in Connection with This Project: Jason Cummins, Coastal
Systems International, reviewed the estimated costs for a transfer station, the estimated
annual cost to operate of $200,000-$300,000, the transfer capability of over 100,000 cubic
yards per year, and the entire beach being approximately 400,000-500,000 yards. He
discussed a long-term approach.
Mayor Berlin discussed sand at no charge from the County and State. He requested Mr.
Flynn's attendance at the presentation, his input on what the Village would receive from the
County, and an evaluation on whether or not a transfer station is worth the Village's while.
Mr. Cummins reported that part of the plan is to look at possible funding opportunities with
the County and State. He discussed issues with the Inlet. He reported that the cost to
consider the feasibility and if there is money available is $30,000.
Mayor Berlin doesn't see spending the money, if the sand is not available. He suggested
conducting the field study to see if it's feasible and then reporting back with Mr. Flynn for
discussion. Mr. Cummins reported that the first phase (field investigations, sediment budget
study and funding possibilities) would cost $110,000 and take two to three months.
A Special Council Meeting was discussed for the presentation and Mr. Flynn's attendance
in January.
A motion was offered by Councilman Jacobi and seconded bvAssistant Mayor Rosenfield to table
the discussion for a Special Council Meeting The motion carried unanimously (4-0).
Gabriella Webster, requested that the special meeting be strongly advertised, especially
for the oceanfront buildings.
Update on Trash Transfer Station: Mr. Treppeda reported that
Mr. lmbesi has canceled the agreement with the Village to operate the foliage dump in the
Security District. He clarified that the facility will be closed in two weeks and demolished by
the Village in early January, pursuant to the agreement.
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Update on Beach Access Path at Bal Harbour Club: Mr.
Treppeda reported that the agreement for the Beach Access Path at the Club expired and
has been on a monthly term; however, Mr. Imbesi is canceling the agreement and locking
the gate today.
Anamarie Kelly, 77 Camden Drive, discussed and requested investigation of the Beach
Club providing access to the beach in compliance with the Comprehensive Plan, the
mortgage agreement, and the discrepancy in the property value and taxes paid.
Pat Nelson, on behalf of Joe lmbesi and the Bal Harbour Club, reviewed the items
provided by Mr. lmbesi over the years, the increase in the Club's property taxes, and Mr.
Irnbesi's request for payment. Mayor Berlin suggested a dialogue with Mr. Imbesi regarding
the cost for the access path and dump.
Beth Bercowitz, 10160 Collins Avenue, discussed State statute requirements for beach
access for new buildings, access previously provided between the oceanfront buildings,
and the increase in the Club's property taxes due to its zoning change from Private Club to
Oceanfront. She requested beach access for west side residents, other than at the north
and south ends of the Village.
Councilman Packer agreed that there needs to be dialogue with Mr. Imbesi. He is in favor
of a beach access between 96th and 102nd. Councilman Packer and Mr. Treppeda will
meet with Mr. lmbesi and report back to the Council.
Report on Reduction of Investment Return Assumption Rate
from 8% to 7.5% for the General Employees' Retirement Fund: Mayor Berlin
explained that since the assumption rate was lowered, then the investment is expected to
earn less. He clarified that due to that the money will have to come from an increase in
Village and/or employee contributions or changing the benefits in the Plan, etc. He
explained that the Board reduced the investment rate, which increased the contribution by
approximately $60,000. Mayor Berlin noted that when the Actuary provides a report in
March the Board will need to decide how to manage the differential, beginning in April.
Babak Raheb, 128 Balfour Drive, suggested a cap on Village contributions in the future.
Mr. Weiss clarified that the Village has the ability to adjust benefits going forward, but must
pay for vested benefits. He further explained that under a defined benefit plan, State law
requires the Village to make a contribution and that no provision relieves the Village of its
responsibility.
Anamarie Kelly, 77 Camden Drive, recommended rehiring Northern Trust as a money
manager for the fund.
Brian Mulheren, 10245 Collins Avenue, also recommended a money manager
immediately. Mayor Berlin suggested waiting for the Actuary's report in March, before
determining what to do. He explained that Northern Trust was doing worse than the index
fund when they were the managers, so the Board chose to go with index funds. He agreed
that the comments about a money manager can be addressed.
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B. VILLAGE CLERK:
Lobbyist Registration Report: As of December 16, 2008: A list
of Lobbyists currently registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY:
Draft Ordinance for Review: Mr. Weiss requested Council
direction.
Dina Cellini, 211 Bal Cross Drive, spoke in favor of passing the ordinance and questioned
providing a cap. Mr. Weiss explained that a cap isn't provided, but clarified that the
ordinance limits the amount spent based on the amount provided in the budget, which is
$50,000. Mayor Berlin suggested considering a per -occurrence or per -official cap. He
doesn't agree with Ms. Cellini's settlement issue, because it could be more costly for the
Village. Mr. Weiss was directed to review the cap issue for discussion at the January
meeting.
Gabriella Webster, 30 Park Drive, spoke against a cap and in favor of protection for
anyone willing to serve on the Council or a Committee.
Anamarie Kelly, 77 Camden Drive, is against removing ethics or waiving a technicality.
Discussion of Redistricting: Mr. Weiss reviewed the Charter, which
gives the Council the authority to change the districts, by ordinance.
Babak Raheb, 128 Balfour Drive, spoke in favor of redistricting. He suggested the entire
West side be one district and the oceanfront properties be divided equally.
Doug Rudolph, 212 Bal Bay Drive, suggested eliminating the districts, since the Village is
so small and it makes it more difficult to find good people to run. He pointed out that issues
are Village -wide and that well -qualified people are needed.
Anamarie Kelly, agreed with Mr. Rudolph and spoke in favor of eliminating the districts.
Beth Bercowitz, 10160 Collins Avenue, discussed the increase in the Village's population
and the comprehensive plan being based on the old census.
Brian Mulheren, 10245 Collins Avenue, agreed that the districts should be eliminated and
suggested that the five candidates receiving the most votes be elected, with a specific
election for the Mayor seat.
Dina Cellini, 211 Bal Cross Drive, spoke in favor of maintaining the five districts, but
suggested the Village look at the inequality in the current division.
Mr. Treppeda was directed to conduct a study on the population in each district, the voters
in each district, and the procedure in other Dade and Broward municipalities.
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D. MAYOR AND COUNCIL:
Consideration of Annual Performance Bonuses for Village
Manager and Village Clerk: Mayor Berlin noted that for the past seven years, the
Manager and Clerk have been awarded a 5% bonus each. Mr. Treppeda and Mrs. Horvath
left the meeting. -
Babak Raheb, 128 Balfour Drive, spoke in favor of providing the Manager and Clerk with
the bonus.
Mr. Treppeda and Mrs. Horvath returned to the meeting.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Rosenfield to
approve a 5% bonus each for the Village Manager and Village Clerk. The motion carried
unanimously (4-0).
1 O. OTHER BUSINESS:
Neil Alter, 9801 Collins Avenue, discussed the status of the cameras at 96th and Harding,
the lack of a crosswalk between Bal Harbour and Surfside, the curve around the SunTrust
building, the hazard of vehicles exiting the Palace onto Collins Avenue, and providing more
information in the newsletter.
Beth Bercowitz, 10160 Collins Avenue, suggested installing a "crosswalk" sign on each
side of the crosswalk near the Sea View for safety.
Gabriella Webster, 30 Park Drive, requested that the light at 96th Street and the beach be
removed, since its a nuisance and is not needed. Chief Hunker clarified that the light is in
Surfside and reported that complaints were received regarding inadequate lighting.
Assistant Mayor Rosenfield suggested that only right hand turns be allowed for drivers
exiting the Palace. Councilman Packer suggested a dialogue with the Department of
Transportation and the Surfside Police Chief regarding the cross walk.
Babak Raheb, 128 Balfour Drive, suggested that the buildings on 96th Street determine
whether or not they want the light. He requested more enforcement of water restrictions.
Brian Mulheren, 10245 Collins Avenue, spoke in favor of the light for safety reasons,
discussed his concern at the removal of the bus stop in front of the Bellini/Kenilworth, and
the need to resolve the agreement for parking under the bridge.
Mr. Treppeda explained that the bus stop was moved from the Kenilworth back to the Club,
because it wasn't an authorized ADA bus stop and for easier access to the bridge for bus
drivers. He expects the parking agreement to be on the January agenda.
Councilman Packer suggested removing some of the new posts, to avoid accidents for
drivers making a sharp left turn to go over the bridge. Mr. Treppeda will report at the next
meeting.
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Chief Hunker discussed the possibility of a dock for the police boat. Detective Paul Eppler
reported and reviewed a quote. He suggested considering the proposal to lift the boat out
of the water. It was the consensus of the Council to place this issue on the next agenda.
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 meeting adjourned at 10:58 a.m.
.6o.4d
ssistant Mayo
Attest:
Ellisa L. Horvath, CMC, V' ge Clerk
Jeg‘z7- Id
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