HomeMy Public PortalAbout2009-01-20 Regular Meeting238
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JANUARY 20, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 20,
2009, 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 9:15
a.m. by Assistant Mayor Rosenfield. The following were present:
Assistant Mayor Jean Rosenfield
Councilman Joel S. Jacobi
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMG, Village Clerk
Richard J. Weiss, Village Attorney
Absent: Mayor Howard J. Berlin
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was done at the General
Employees Retirement Board meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS:
Beth Berkowitz, 10160 Collins Avenue, requested the removal of Tab D.
Mr. Treppeda requested that the total for Tab I be increased to $43,650.00.
It was the consensus of the Council to remove Tab D and Tab I from the Consent Agenda.
4. SPECIAL PRESENTATIONS:
Officer of the Month for December 2008: Chief Hunker presented Officer
John Fruchey with the Officer of the Month plaque, for December 2008.
5. CONSENT AGENDA: Mr. Treppeda requested approval for the following
items on the Consent Agenda:
Tab B: December 16, 2008 Regular Meeting Minutes
Tab C: Mutual Aid Agreement with Golden Beach Police Department
Tab E: $20,000.00 ($10,000.00 Contribution to the Bal-Bay Police Activity
League and $10,000.00 for Web Site Improvements) and $425 Monthly
Bal Harbour Village Regular Council Meeting Minutes 01/20/2009 1
239
in Police Forfeiture Funds
Tab F: Red Light Camera Agreement with American Traffic Solutions for
Installation and Operation of System
Tab G: Lease Agreement and Addendum with FDOT to Operate the Public
Parking Lot under Haulover Bridge
Tab H: $415 Monthly for 48-Month Lease for Public Works Truck
Tab J: $41,260.00 in Resort Tax Funds to Replace Two Date Palms, Dump
Fees, and Miscellaneous Landscaping by Lukes' Landscaping, Inc.
Tab K: $9,900.00 for Additional Demolition Work by Aquarius Building at the
Trash Transfer Station ($4,500) and for the Planting of Sod by Lukes'
Landscaping ($5400)
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve the
items on the Consent Agenda, except for Items D and I. The motion carried unanimously (4-0).
Discussion of Tab D — Motion Approving Police Department
Budgeted Funds: Beth Berkowitz, 10160 Collins Avenue, requested the status of the
docking facilities. Council Jacobi clarified that the item is only for telephone recording
equipment.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve
Item D. The motion carried unanimously (4-0).
Discussion of Tab I — Motion Approving Purchase of Lighting
Fixtures and Ballasts for Date Palms: Mr. Treppeda requested that the total for Tab I
be increased to $43,650.00.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi to approve
Item I. 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/PUBUC INPUT: None.
8. RESOLUTIONS: None.
9. REPORTS:
Ba1 Harbour Village Regular Council Meeting Minutes 01/20/2009 2
240
A. VILLAGE MANAGER:
Discussion of Ba1 Harbour Village Beach Erosion — Brian
Flynn, Miami -Dade County DERM: Mr. Flynn reported that the Army Corps permit is
ready to be issued, an ad will be placed in The Miami Herald providing for a 14-day
comment period, and then the State permit will be issued. He added that the County will
vote on its permit next month. Mr. Flynn expects for sand to be placed next month. Mr.
Treppeda reported that a workshop meeting will be scheduled for discussion of the sand
transfer station. Mr. Flynn will meet with Coastal Systems tomorrow to review the
information.
Presentation of Annual Audit — Jerry Chiocca, Rachlin LLP:
Chris Wallace, Finance Director, summarized that the Village's net assets increased by
$2.3 million, there is $17.4 million more in current assets than liabilities, with one
water/sewer loan debt of $100,000 to be repaid this year. He noted that 58% of the
reserves are in undesignated fund balance, which is over six months worth of operating
reserves. He added that revenue increased 14.4%, due mostly to the Development
Agreement with St. Regis. Mr. Wallace reported that tourism was higher than expected,
due to foreign travel, and the water/sewer fund had a net income, due to rate increases and
reduced expenses. He finalized that the Village is in very good financial condition, with a lot
of reserves and a strong tax base.
Jerry Chiocca, Rachlin LLP, reviewed the audit, as of September 30, 2008. He discussed
passwords, segregation of duties, and new software that will alleviate most problems. He
noted that the financial report is very strong and the Village is in excellent financial shape.
Neil Alter, 9801 Collins Avenue, discussed the discrepancy surrounding Jose Lima
managing accounts, related to his tourism position, and questioned if the auditors are
responsible for monitoring the activities of the employees.
Mr. Wallace responded that it is management's responsibility to insure that internal controls
are sufficient, which they are. He noted that internal controls did disclose Mr. Lima's
personal charges on the Village's credit card, which were reviewed. He explained that the
auditors evaluate all of the internal controls, but not all of the transactions. Mr. Wallace
reported that it is his primary responsibility to insure that the internal controls prevent/detect
fraud on a timely basis and noted that changes are being made to how those activities are
dealt with in the future. He noted that full restitution was made by Mr. Lima. Mr. Wallace
discussed the process followed for credit cards issued to Village employees.
Chief Hunker discussed the private investigator hired by the Village and the involvement of
the Miami -Dade County State Attorneys office. The public was directed to contact Chief
Hunker regarding the file.
Brian Mulheren, 10245 Collins Avenue, suggested a forensic audit of the entire Village,
from an outside source, on all expenditures during that time. He suggested that Mr. Lima
be prosecuted. Mr. Treppeda advised that is being done.
Assistant Mayor Rosenfield reported that the issue has been turned over to the State
Attorneys office, who will decide what the procedure will be. She noted that the Council
Ba1 Harbour Village Regular Council Meeting Minutes 01/20/2009 3
241
doesn't have that authority.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to accept the
audit. The motion carried unanimously (4-0).
Quarterly Financial Update Provided by Finance Director
Christopher Wallace: Mr. Wallace reported that revenues are a little behind and the
tourism revenue is ahead, due to the Regent coming on Tine in May. He reported that there
is positive cash flow, due to the bulk of property taxes being paid.
Mr. Wallace discussed the SBA (State Board of Administration). He noted that the worst is
left in Fund B and the problems in Fund A have been corrected and is entirely liquid. He
doesn't know the extent of the damage to the Village, but estimated a $130,000 loss in
investments, not including the income that could have been garnered.
Request for Approval of Consulting Agreement with Energy
Alternatives, Inc. for Monitoring of Electrical Issues: Caesar Seijas reviewed his
proposal to pressure FPL for items needed by the Village, interpret green/energy
mandates, implement FPL permitting process so their work can be reviewed, review the
Village's issues, monitor the bills, track feeders to pinpoint the problems, etc. Mr. Treppeda
estimated Mr. Seijas to work 20 hours monthly. Mr. Seijas estimated that review of the
Village's FPL bills should result in at least a 1 % savings to the Village, which would pay for
his fees. Assistant Mayor Rosenfield questioned if the items done by Mr. Seijas would be
completed in a year. Mr. Seijas explained that it would be an ongoing arrangement to
monitor bills, outages, etc. He noted that his services may be reduced, if they are not
needed in the future.
Maryann Goetz, 10150 Collins Avenue, questioned if DERM is responsible to ensure that
electrical lines, etc. are adequate. Mr. Treppeda isn't aware of that.
Brian Mulheren, 10245 Collins Avenue, suggested that FPL give advice and work with
the Village for improvements. He suggested looking at other services and programs
provided by FPL.
Assistant Mayor Rosenfield requested a written report from FPL, showing what they are
responsible for.
Gabriella Webster - 30 Park Drive, spoke in favor of working on the infrastructure and
suggesting hiring Mr. Seijas on a preliminary basis, subject to seeing improvements.
Dan Holder, 24 Bal Bay Drive, discussed the proposal amount, but agreed that the
infrastructure is aging and that it's good to have someone who worked for FPL to get things
done for the Village. He discussed hurricanes, etc.
Councilman Packer suggested additional investigation and consideration. Councilman Sanz
discussed the outages being limited to the Security District and not Collins Avenue. Mr.
Seijas reported that he has asked FPL for details on that. Mr. Treppeda reported that the
item was placed on the agenda, in response to numerous phone calls regarding outages.
He thinks the fees can be negotiated. Councilman Jacobi is in favor of the idea, but would
like to also see someone from FPL.
Bal Harbour Village Regular Council Meeting Minutes 01/20/2009 4
242
A motion was offered by Councilman Jacobi and seconded by Councilman Packer to table the
item for discussion at another meeting. The motion carried unanimously (4-0).
Councilman Sanz suggested a workshop meeting with FPL and Mr. Seijas. Assistant Mayor
Rosenfield requested Mr. Treppeda to contact FPL for discussion of the item at a meeting,
with public notice.
Request for Approval of Sign Permit for the Regent Hotel:
Dan Nieda, Building Official, reviewed the signage application submitted by the Regent
for hotel signage, which was recommended for approval bythe Architectural Review Board.
Dina Cellini, 211 Bal Cross Drive, suggested the use of wrought aluminum instead of the
proposed aluminum material, which may pit. Mr. Nieda reported that the application notes
the use of a factory sealed coat with a protective membrane that may fail over time, but will
not pit like ordinary furniture. He agreed that it is a maintenance issue and it should be
replaced as required.
Dan Holder, 24 Bal Bay Drive, is concerned about the turtles and the effect of the lighting
on the beach. Mr. Nieda reported that the lighting will be shielded from the beach.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (4-0).
Quarterly Financial Update Provided by Finance Director
Christopher Wallace: This item was discussed earlier in the meeting.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of January 20, 2009: A list of
Lobbyists currently registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY:
Draft Ordinance for Review: Mr. Weiss is not familiar with any
ordinances that have a limitation (cap). He noted that the Council is able to place
limitations, but noted that the only limitation currently is the amount that is budgeted, on a
first come first serve basis.
It was the consensus of the Council to schedule a Council Workshop Meeting, chaired by
Assistant Mayor Rosenfield, to discuss the issue in the future.
Mr. Weiss requested Executive Sessions in the Babak Raheb versus Bal Harbour case and
the Lynne Bloch -Mullen versus Bal Harbour case, which will be scheduled.
D. MAYOR AND COUNCIL:
Review of Resort Tax Committee Resumes — Assistant Mayor
Rosenfield: Assistant Mayor Rosenfield reported that eight resumes were received for
Bal Harbour Village Regular Council Meeting Minutes 01/20/2009 5
243
consideration. She noted that six positions are available and she has been selected as the
Councilmember to serve on the Committee. She suggested three people from the business
section (Mr. Guenter Richter - the Regent, Mr. Kenneth Smuts - St. Regis, and Cheryl
Stephenson — the Shops) and three from the Village (Dr. Michael Krop, Bruce Gelb, and
Sandra Lansing).
A motion was offered by Councilman Sanz and seconded by Councilman Jacobi to appoint Mr.
Richter, Mr. Smuts, Ms. Stephenson, Dr. Krop, Mr. Gelb, and Ms. Lansing, to the Resort Tax
Committee.
Gabriella Webster, 30 Park Drive, spoke in favor of the recommendations and moving
forward with the Committee.
Ms. Horvath read the following names selected by each Councilmember:
Councilman Jacobi
Assistant Mayor Rosenfield
Councilman Packer
Councilman Sanz
Gelb, Lansing, Webster, Richter, Smuts, Stephenson
Gelb, Krop, Lansing, Richter, Smuts, Stephenson
Gelb, Krop, Lansing, Richter, Smuts, Stephenson
Gelb, Krop, Lansing, Richter, Smuts, Stephenson
The motion carried unanimously (3-1).
Assistant Mayor Rosenfield reported that the first meeting will be in February. Mr. Weiss
noted that the appointed Committee is now subject to the Sunshine law.
Report on Police Station Committee Recommendation —
Councilman Packer: Councilman Packer reported that the Police Station Committee has
recommended that the Village Attorney negotiate a lease with the Shops, for possible
discussion at the next Council meeting. He requested that the negotiated lease be available
for review by the public, before the Council meeting.
A motion was offered by Councilman Packer and seconded by Councilman Jacobi that the
Council has the intention of taking the recommendation of Chief Hunker to lease a space in the
Bal Harbour Shops and to direct the Village Attorney to draw up a lease that is agreeable to the
Shops and the Council, in accordance with the Committee's recommendations as to the way the
finances will be structured.
Assistant Mayor Rosenfield left the meeting. Councilman Packer chaired the meeting.
Chief Hunker suggested a permanent committee to study long term plans for a new Village
Hall/Police Station, based on comments by the public at the Police Station Committee
meeting.
Councilman Packer announced that the current Police Station Committee is dissolved. He
offered to chair a new Committee, if the Council wishes to form one to consider any long
term plans.
The motion carried unanimously (3-0).
Assistant Mayor Rosenfield returned to the meeting.
Bal Harbour Village Regular Council Meeting Minutes 01/20/2009 6
244
Update on Beach Access Path at Bal Harbour Club —
Councilman Packer: Councilman Packer reported that he has met with Mr. Imbesi
regarding the path.
Joe lmbesi, 175 Camden Drive, reported that he volunteered his property for access as a
temporary solution, during construction of the north access path. He discussed parking
problems and inconvenience, due to the public parking at the Club property. He reported
that the north access path is now completed, the two-year contract has expired, and he
would like to close the access on his property.
Anamarie Frances Kelly Stoppa, 77 Camden Drive - domicile, discussed a transfer
deed, resolutions of the Grantor and the Club, County Clerk records regarding a match line
through the Club, and Florida law regarding public access.
Mr. Weiss reported that Mr. Treppeda has requested that the Village Attorneys review the
State statutes, regarding beach access.
Assistant Mayor Rosenfield thanked Mr. lmbesi for providing access for two years.
Councilman Packer requested that Mr. lmbesi consider re -opening the path.
Mr. lmbesi offered to open the path, until the issue is resolved.
Stan Whitman, Bal Harbour Shops, is not aware of any public easement or right of the
public to enjoy the Bal Harbour Club and thinks that the two access paths provided are
sufficient.
Beth Berkowitz, 10160 Collins Avenue, reviewed Florida Senate Bill 2622 and Senate Bill
488, regarding the necessity of beach access. She reviewed Village Code Sections 17-31
and 17-32, relating to a road that went through the center of the Bal Harbour Club that was
closed. She additionally reviewed Village Code Section 17-51, regarding obstruction of
beach access by landscaping, etc. between the buildings. Ms. Berkowitz noted that the
Village is breaking statutes.
Lynne Bloch -Mullen - 10150 Collins Avenue, suggested that Mr. Imbesi's path be
restricted for use only by Bal Harbour residents, with the use of a key.
Report on Police Station Committee Recommendation —
Councilman Packer: This item was discussed earlier in the meeting.
1 O. OTHER BUSINESS:
Dina Cellini, 211 Bal Cross Drive, discussed the possibility of the Council initiating a
forum prior to the April Election, for the public to meet the candidates, etc. Assistant Mayor
Rosenfield reported that the Council will consider that.
Carlos Rivos, American building tradesman, discussed the St. Regis project outsourcing
jobs to foreign workers and urged the Council to contact the St. Regis regarding it.
Bal Harbour Village Regular Council Meeting Minutes O1/20/2009 7
245
Gabriella Webster, 30 Park Drive, discussed concerns of the beach renourishment project
and lounges affecting turtles. She requested that the Village encourage the oceanfront
properties to alleviate the issues of their lounges, etc. She discussed the need for adequate
sand for the beach and restricting lighting on the beach (96th Street and behind the
oceanfront buildings). Mr. Treppeda reported that DEP (Department of Environmental
Protection) is sending warning letters to properties infrininging on the beach dunes with
storage boxes, etc.
Neil Alter, 9801 Collins Avenue, questioned the status of the Date palms at the St. Regis
property being removed. Mr. Treppeda reported that they are being moved for sidewalk,
plumbing, etc. work and will be brought back. He noted that if they don't survive, then they
will be replaced by the Developer.
Doug Rudolph, 212 Bal Bay Drive, discussed the large amount of taxpayer money spent
on the Lynne Bloch -Mullen case and requested that the Council direct the Village Attorney
to look into the rights of the Council, for a claim on the money spent.
Dan Holder, 24 Bal Bay Drive, requested that the lights at the One Bal Harbour be looked
at, which may be a problem for turtles. He thanked Mr. Whitman for allowing residents to
park inhis facility during hurricanes.
Anamarie Kelly, 77 Camden Drive, thinks the case (Mullen) should be concluded, before
any money is expended by the Council to look into reclaiming, etc. She discussed civility
and resolution among residents.
Brian Mulheren, 10245 Collins Avenue, thanked FDOT and Mr. Treppeda for resolution
of the agreement under the parking lot and noted that the red light camera agreement was
approved at the meeting, which were both positive items.
Councilman Jacobi requested that the Council direct the Village Attorney to research the
issue of recouping monies spent by the Village on the Lynne Bloch -Mullen versus Bal
Harbour Village case, for placement on the next agenda. He also requested that a
discussion of the removal of Cecil Mullen from the Police Retirement Board be placed on
the next agenda.
Councilman Packer suggested that the February and March Council meetings be held at
7:00 p.m., to allow for more public access, as a trial period.
Dina Cellini, 211 Bal Cross Drive, reported that she is assisting the Attorney of Record,
for the Mullen case. She clarified that the initial lawsuit was filed against Mr. Jacobi and the
Supervisor of the Village's Election and clarified that the Village requested that the Court
remove the Supervisor of Election and name the Village, which the Court ordered. She
noted that the case is still pending and the Court has not entered an order on the Village's
motion for Summary Judgment, which is also appealable, etc. She thinks that it is
inappropriate for Councilman Jacobi to make his request, since he is involved in the
litigation. She requested that the Council defer any action on Councilman Jacobi's request
and not spend additional money.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to change the
February and March meeting times to 7:00 p.m. The motion carried unanimously (4-0).
Bal Harbour Village Regular Council Meeting Minutes 01/20/2009 8
246
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Councilman Jacobi to adjourn. The motion carried
unanimously (4-0) and the meeting adjourned at 11:28 a.m.
sistant Ma • r Jean R
Attest:
Bal Harbour Village Regular Council Meeting Minutes 01/20/2009 9