HomeMy Public PortalAbout2009-04-21 Regular Meeting290
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - APRIL 21, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 21, 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 9:05
a.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk].
Andrea Greenblatt, Administrative Assistant
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
General Employees Retirement Board Meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
Officer of the Month for March 2009: Chief Hunker presented Captain
Jay Smith with the Officer of the Month plaque, for March 2009.
Officer of the Year for 2008: Chief Hunker presented Sergeant Jack
Young with the Officer of the Year plaque,. for 2008.
Employee of the Month for March 2009: Walter "Randy" Mathews,
Public Works Director, presented Ronald Nelson with the Employee of the Month plaque,
for March 2009.
Mr. Weiss requested an Executive Session on the case Lynne Bloch Mullen versus Joel
Jacobi and Bal Harbour Village, to be scheduled by the Clerk's office. It was the consensus
of the Council to do so.
5. CONSENT AGENDA:
Dina Cellini, 211 Bal Cross Drive, requested the removal of Tab C and Tab D from the
1 Mrs. Horvath arrived during the Quarterly Financial Update.
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Consent Agenda.
Mr. Treppeda requested approval for the remaining items on the Consent Agenda.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
items on the Consent Agenda, with the exception of Tabs C and D. The motion carried
unanimously (5-0).
Discussion of Tab C — Motion Approving Expenditure of Police
Forfeiture Funds: Dina Cellini, 211 Bal Cross Drive, spoke against the expenditure of
$5,000 to the Drug Free Youth in Town (DFYIT) organization, since Chief Hunker is on the
Board of Directors. She suggested giving the money to another agency, such as the Dade
County School Board, earmarked for their drug enforcement program.
Chief Hunker reported that he is an honorary member and has never been active in the
organization or voted on an issue. He discussed the importance of the organization.
Doree Weglarz, DFYIT Director of Development, discussed the organization's impact.
She urged the Council for their help and discussed the importance of their partnership with
the Police.
Doug Rudolph, 212 Bal Bay Drive, doesn't see a conflict and spoke in favor of approving
the item.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
requested items on Tab C. The motion carried unanimously (5-0).
Discussion of Tab D — Motion Approving Expenditure of Police
Budgeted Funds: Dina Cellini, 211 Bal Cross Drive, discussed the lease for the
dockage of the police boat with the Bal Harbour Club. She spoke against an automatic
renewal, objected to the form of the lease, since it is only for 9 months, and discussed
docking the police boat at a Village facility. Chief Hunker reported that it would cost $20,000
to move the boat and discussed reasons to keep the boat at the Club's marina.
Mr. Weiss explained that the lease is not automatically renewed, but is automatically
renewable if the Village desires at the shown contract rate. Ms. Cellini suggested docking
the boat elsewhere, since in three years it would cost the same amount as docking it at the
Club's marina.
Mr. Treppeda requested the approval of the lease, subject to the Village Attorney clarifying
that it is for one year and renewable only with the approval of both parties.
Anamarie Kelly, 77 Camden Drive, spoke against the item due to prisoners being brought
through the Village and spoke in favor of docking the boat across the street where the
holding cell is accessible.
Councilman Packer requested the cost for a full year, before continuing. Mr. Treppeda
suggested that the agreement be clarified that the amount is for a year.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
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the requested item, subject to the Village Attorney clarifying that the amount is for a year and
correcting the lease. The motion carried (4-1), with Councilman Packer voting no.
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: The following resolution was read by title, by Mrs.
Greenblatt:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING A SETTLEMENT AGREEMENT: (A) BETWEEN THE
VILLAGE AND BABAK RAHEB; AND (B) BETWEEN THE VILLAGE AND
WESTPORT/COREGIS, ARISING OUT OF '1'HE SETTLEMENT OF PENDING
LITIGATION; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
ABOVE -DESCRIBED SETTLEMENT AGREEMENTS; AND PROVIDING FOR AN
E1 14 ECTIVE DATE.
Mayor Rosenfield opened a public hearing.
Anamarie Kelly, 77 Camden Drive, advised that if a settlement is reached based on an
illegal taxing District, then she will be the first one in court after Mr. Raheb to raise the
same issue.
Neil Alter, 9801 Collins Avenue, requested the nature of the suit and the elements of the
settlement.
Mr. Weiss reported that the Village is still in litigation, executive sessions have been held,
and certain items will remain priviledged until the lawsuit is resolved.
Michael Popok, Village Attorney, gave a brief overview of the litigation and settlement.
He explained that it is a challenge to the constitutionality of the security district. Mr. Popok
explained that the fourth settlement proposal is: the Village contributes $10,000 as a
settlement payment, Mr. Raheb repays his liens owed in the same amount, the insurer
Coregis gives Mr. Raheb $25,000 as a settlement, and Mr. Raheb will not sue or challenge
again or cooperate with anyone else in doing the same. Mr. Popok believes this is the last
best offer to settle.
Mayor Rosenfield closed the public section.
Mr. Popok explained the definition of a Summary Judgement, pe.r the request of
Councilman Packer.
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A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the resolution. The motion carried (4-1), with Councilman Packer voting no; thus becoming
Resolution No. 2009-709.
The following resolution was read by title, by Mrs. Greenblatt:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA (THE "VILLAGE") APPROVING THE LEASE AGREEMENT
BETWEEN THE VILLAGE AND THE BAL HARBOUR SHOPS, LLLP FOR RE
LEASE OF SPACE WITHIN THE BAL HARBOUR SHOPS FOR VILLAGE
POLICE STATION USE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the meeting to public comments.
Paul Pruess, 10101 Collins Avenue, suggested negotiating the six percent interest to a
lower amount, or using forfeiture funds to pay the amount upfront to avoid the percentage
rate.
Mr. Treppeda reported that forfeiture funds cannot be used to pay for the lease and
explained that the Village can pay the construction costs upfront, negating the lease
payment. He discussed the recommendation of Chief Hunker and the Police Station
Committee to move the station.
Don Orner, Carlton Terrace, spoke against the move.
Gabriella Webster, 30 Park Drive, who served on the Police Station Committee,
discussed the need for the Police to move for space, professionalism, and the support from
the community. She spoke in favor of the move and paying the cost upfront, to avoid the
interest.
Dina Cellini, 211 Bal Cross Drive, spoke against the move, the lease, the interest rate
and the rent/sales tax and discussed residents objecting to the move. Ms. Cellini, discussed
the financial benefit to the Shops to have the Police there and suggested the Shops should
provide it at no cost or keep the station at Village Hall. She spoke against spending
$400,000 in taxpayer dollars to move to the Shops.
Mayor Rosenfield recused herself from voting for personal reasons and left the meeting.
Assistant Mayor Blachar took over as Chair.
Neil Alter questioned Mayor Rosenfield's reason for recusal. Mr. Weiss reported that
Mayor Rosenfield removed herself to avoid the appearance of a conflict.
Chief Hunker discussed the importance of the move due to storms, etc. He reported that
the Shops originally offered the space at no cost and members of the community spoke
against receiving it at no cost. He clarified that the only thing being paid to the Shops is
construction costs.
Anamarie Kelly, 77 Camden Drive, spoke against the move and spending the money..
Assistant Mayor Blachar closed the meeting for public comments.
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Councilman Packer, who served as the Police Station Committee Chair, discussed the
necessity of the move. He noted that originally the Shops wanted to donate and build out
the facility and the community objected to receiving something .for nothing. Councilman
Packer expressed his only objection to be the 6% interest amount.
Assistant Mayor Blachar questioned the sales tax. Mr. Weiss and Mr. Treppeda reported
that the Village would be exempt from the sales tax that is mentioned in the agreement.
Dina Cellini, 211 Bal Cross Drive, questioned exemption from the rent tax. Mr. Kendrick
thinks that the Village would also be exempt from that.
Councilwoman Cohen questioned if signage would be provided. Mr. Treppeda advised that
it would be.
•
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried unanimously (4-0), with Mayor Rosenfield absent
Councilman Packer questioned if the approval was for monthly payments with 6% interest
or for one payment without interest. Mr. Weiss reported that the approval was for the lease
provided in the agenda.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to reconsider
Tab K (Resolution approving Shops Lease Agreement). The motion carried unanimously (4-0),
with Mayor Rosenfield absent
Councilman Packer discussed either a lump sum payment without the 6%, or in four equal
installments with the Village having the right to object to the bids and terminate the lease.
Mr. Treppeda reported that the Village and the Shops both have to agree to the bid.
Mr. Weiss reported that the original lease provided no rent and the Village paying for the
build -out. He explained that the current lease provides the Shops fronting the money for the
build -out and the Village paying the Shops back in the form of a monthly lease payment.
Mr. Kendrick explained that the rent payment is financing the build -out cost. He clarified
that if the Village was asked to move to another space and didn't want to then it could
terminate the lease and then just be responsible for the remaining portion of the build -out
cost that was not charged in rent. He noted that if the build -out cost is paid up front, then
the Village would lose the entire payment for the build -out costs.
Mr. Wallace explained that it would be financially better to pay up -front, without having to
pay the 6% interest; however, if the Village doesn't pay up front, then it would benefit if the
lease is terminated or have to negotiate the balance to be paid back to the Village.
Mr. Weiss reported that if the money is paid up front and the Village is asked to relocate,
then the money would be gone, but monthly payments would create a better situation. He
thinks the question is where or not the Village will be moving within the 7 years.
Stan Whitman, Developer of the Bal Harbour Shops, agreed that the money can be
borrowed for less than 6%.
Mr. Weiss explained that the issue is the trade-off of upfront expenses versus termination
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of the lease. If the Village pays the money upfront, then the money would be gone if the
Village leaves the lease.
Assistant Mayor Blachar discussed the cost of doing business by paying the interest for the
monthly payments, which is better than paying upfront and losing the money if the Village
moves. She is in favor of the lease as provided.
Randy Whitman, Bal Harbour Shops, clarified that if the Village declines to move then the
money paid for the build -out is lost, but if the Village agrees to move, then the Shops has to
pay for the move at no cost to the Village.
Assistant Mayor Blachar discussed if the Village wants to move, then the money would be
lost unless the monthly payments are done.
Mr. Weiss clarified that per Mr. Whitman's comments, if the Shops is able to borrow the
money for less than 6%, then the savings would be passed to the Village.
Mr. Treppeda clarified that if the Village terminates the lease after one year then it would be
responsible for paying the rest. Mr. Kendrick agreed that would happen if the Village
terminates for its own convenience.
Mr. Weiss reported that if the Village relocates at the Village's initiation, then it keeps
paying, but if it relocates due to the Shops request, then it would not be obligated to pay the
rest.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
lease, subject to modifying the interest rate to be no greater than 6% or whatever the Shops is
paying to borrow the money for the build -out, whichever is less. The motion carried unanimously
(4-0), with Mayor Rosenfield absent; thus becoming Resolution No. 2009-710.
Mayor Rosenfield returned to the meeting.
9. REPORTS:
A. VILLAGE MANAGER:
Discussion of Ba1 Harbour Village Beach Erosion — Brian
Flynn, Miami -Dade County DERM: Mayor Rosenfield and Mr. Flynn reviewed the
history of beach renourishment for Bal Harbour. Mr. Flynn reported on the difficulty in
finding sand sources affecting a renourishment project of the entire Village beach, by the
Army Corps of Engineers. He noted that in the meantime, the County is having sand
trucked in from central Florida to renourish a portion of the beach. Mr. Flynn expects sand
to be placed on the beach, during the first or second week of May.
Consideration of Additional Consulting Services by Coastal
Systems International, Inc. for Sand Bypassing System — Jason Cummins: Jason
Cummins, Coastal Engineer, discussed long-term solutions to the beach management for
the Village. He discussed the lack of resources off -shore for large projects and the
feasibility of bypassing at the Inlet. He explained that the next phase investigates sources
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of potential funding sources. Mr. Cummins reported that they will review the Inlets at
Hillsborough, Boca, and South Lake Worth for funding, efficiency, and satisfaction.
Stanley Whitman, Bal Harbour Shops, spoke in favor of the process and urged the
Council's approval.
Marjorie Schell, 9801 Collins Avenue, discussed the negligence of people trampling over
the dunes. She suggested enclosing the large opening behind the St. Regis hotel to 10-12
feet with plantings, to protect the beach.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve
$25,644.00 in Resort Tax funds for Coastal Systems to conduct the next steps in the process for
determining the feasibility of a sand transfer project. The motion carried unanimously (5-0).
Consideration of Resort Tax Committee Member
Appointment: Mayor Rosenfield reported that Guenter Richter left the Regent and the
Regent has requested that Patricia Bradley, Director of Sales & Marketing, be placed on
the Resort Tax Committee in his place. She reported that the Resort Tax Committee has
endorsed her appointment.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to appoint
Patricia Bradley to the Resort Tax Committee The motion carried unanimously (5-0).
Patricia Riverte and Javier Colon, Bal Harbour Manor - 10190 Collins Avenue, on
behalf of their Association, recognized Sergeant Jack Young for his service to the Village.
Quarterly Financial Update for Second Quarter and Possible
Request for Contribution to General Employees Pension Fund — Finance
Director Christopher Wallace: Mr. Wallace reviewed the Financial Report. He
discussed the General Employees Pension Fund and the large withdrawal of pension
assets, due to payouts of retirees. He requested approval to spend up to $200,000 in cash
from the general fund to advance to the pension fund, so that securities don't need to be
liquidated. Mr. Treppeda supported Mr. Wallace's recommendation.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to move up to
$200,000 from the General Fund balance to the General Employees Pension Funk The motion
carried unanimously (5-0).
Anamarie Kelly, 77 Camden Drive, recommended re -hiring Northem Trust as the money
manager for the General Employees Pension Plan.
Request for Approval of Beer/Wine License for Majestic
Restaurant: Mr. Treppeda presented a request for a beer/wine license for the Majestic
Restaurant, limited to service for residents and guests at the Majestic.
Henri Mastantuono, Owner of restaurant — Mona Lisa Gourmet Consulting, Inc.,
requested approval.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
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motion carried unanimously (5-0).
B. VILLAGE CLERK:
Lobbyist Registration Report: As of April 21, 2009: A list of
Lobbyists currently registered with the Village was provided in the agenda.
Dina Cellini, 211 Bal Cross Drive, questioned the Council's and staffs ability to deal with
Joe lmbesi, since he is not registered as a lobbyist and should be. Mr. Weiss will research
the issue and advise the staff and Council.
C. VILLAGE ATTORNEY:
D. MAYOR AND COUNCIL:
10. OTHER BUSINESS:
Barbara Grossman, 10275 Collins Avenue, discussed the Village Charter and Jaime
Sanz's ability to move from his District (Harbour House - District 3) during the building's
renovation in 2005 to District 4 (284 Bal Bay Drive) and remaining there during his term.
Mr. Weiss reported that the issue was raised at a Council meeting and Councilman Sanz
advised that it was his intention to move back into District 3, which is a key element in the
legal analysis. Ms. Grossman noted that Councilman Sanz resigned from the Council
(District 3 seat) and spoke against him then being appointed by Council three days later for
the District 4 seat.
Jack Linzer, President Majestic Tower, representing 164 homeowners, discussed
concerns of flying debris from the St. Regis project during hurricane season and requested
review of the project's hurricane/disaster plan.
Ken Smuts, Related Group Vice President and Managing Director of the St. Regis Bal
Harbour on behalf of Starwood, offered to provide the project's hurricane preparedness
program and noted that the plans are on file with the Village's Building Department.
Serge Rivera, CEO and President of Starwood Vacation Ownership and it's
Residential Development Division, offered to address any concerns by residents.
Councilman Packer questioned if the project will be finished on time and performance
bonds for the project. Mr. Rivera reported the intention to complete the project by the end of
2011 and that performance bonds are in place relating to contractor, sub -contractors and
their work. He explained that it is Starwood's money and project and they do not have any
debt on the project.
Anamarie Kelly, 77 Camden Drive, requested clarification that the Development is
between Starwood and the Village and that the resort tax funds will still be paid even if the
project is not finished on time. Mr. Rivera explained that it is a Stanwood project, with
Related group acting as a development manager and clarified that the Development
Agreement is between 9701 Collins Avenue LLC and the Village and their intention is to
honor the agreement.
David Kwiatt, 10185 Collins Avenue, noted less workers on the site and questioned the
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project's intention to continue at a slower pace. Mr. Rivera reported that since the project
was significantly ahead of schedule and due to the current economic situation, it was
determined to not continue accelerating the project and to take a more fiscally responsible
position. He noted that staff will continue on a path in accordance with a completion date of
2011.
Neil Alter, 9801 Collins Avenue, questioned if the Related Group holds the performance
bond. Mr. Rivera clarified that the bond is in Starwood's name for the contractors and their
work. He explained the performance bond relating to the $700 million project, with
construction values of over $500 million.
Jack Linzer, Majestic Tower, requested the date that the building next to the Majestic will
be topped off. Mr. Rivera estimated it to be topped off by the end of the year, but not
necessarily enclosed.
Don Orner, Carlton Terrace, questioned if the building without windows facing Collins
Avenue was part of the original plans and suggested adding a design. Mr. Rivera reported
that to be the center hotel tower, which was designed without windows and will be textured.
He offered the public to view the model at the sales building in Bay Harbor (1170 Kane
Concourse). Mayor Rosenfield clarified that pictures, models, and plans were displayed at
Village Hall meetings.
Dina Cellini, 211 Bal Cross Drive, clarified that the lease with the Shops was re-
negotiated not just due to the gift issue, but to provide a comparable space if the Police
were relocated.
Anamarie Kelly, 77 Camden Drive, requested the amount spent on the lawsuit filed by
Doug Rudolph against the Village. Mr. Weiss reported the amount to be approximately
$33,000. She discussed the Council's duty to qualify Council candidates, etc. Ms. Kelly
discussed being threatened by Councilwoman Cohen's relative, the Chiefs refusal to write
another police report for her, and reports showing that Councilwoman Cohen is not
qualified. She spoke against the Council pursuing Bloch -Mullen for legal fees.
Doug Rudolph, 212 Bal Bay Drive, clarified that his lawsuit was filed to stop the Council
from granting a change of zoning to the Bal Harbour Beach Club to keep it as green space,
which is different than attacking the Charter. He clarified that he wasn't asking to be put on
the Council or saying the Council was corrupt. He suggested the Council file a public
records request for all the emails, accusations, and claims by Ms. Kelly to see the amount
of time, efforts, and money being spent by staff. Mr. Rudolph spoke against the Village
being split and people using the Village for their own personal things. He spoke in favor of
allowing the people who were elected to serve and working together as residents and
citizens.
Don Orner, Carlton Terrace, discussed the personal attack against Ms. Kelly and spoke in
favor of getting along.
Councilman Packer requested the Council authorize the Village Manager to look into
televised meetings (cost, etc.) on Channel 77. Assistant Mayor Blachar spoke against
televised meetings. Mr. Treppeda will come back with a report.
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Councilman Packer suggested reinstalling the Vita Path on the beach. Mr. Treppeda will
look into the cost and why the original Vita Path was eliminated.
Assistant Mayor Blachar agreed and also suggested looking into adding water fountains.
Councilman Packer agreed. Mr. Treppeda reported that the Public Works Director is
working with the Bal Harbour Club to provide a water line.
Councilman Packer reported that he and Mr. Treppeda will meet with County
Commissioner Sally Heyman regarding a dog run in Haulover Park.
Councilman Packer discussed alcoholic beverages being served on the beach, which he
doesn't think should be allowed. He suggested the Village place some rules, if there are no
existing ones.
Councilwoman Cohen reported that alcoholic beverages are served in plastic cups and
noted that most 5-star hotels in the world have that amenity for their guests.
Councilman Packer thinks there should be a rule that no alcoholic beverages be allowed on
the beach, including the hotels, condo, etc.
Mr. Weiss doesn't see anything in the Village Code regarding it. Councilman Packer
suggested the Council decide to allow it or not. Mayor Rosenfield questioned if there have
been problems. Chief Hunker is not aware of any incidents. Councilman Packer discussed
a County sign on the beach prohibiting alcoholic beverages. Mayor Rosenfield reported that
the Village needs to find out if there is a County ordinance.
Councilman Packer reported that people are walking dogs on the beach path. Chief Hunker
reported that the Police have issued many code violations for that.
Councilman Packer questioned how many people have purchased keys from the Club.
Councilman Sanz questioned if dogs can be walked on Collins Avenue. Mr. Treppeda
reported that they can. Councilwoman Cohen suggested reconsidering allowing dogs on
the beach path, since there is an overwhelming request for it.
Mr. Weiss was directed to see if there is a County ordinance regarding alcoholic beverages
on the beach.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Sanz and seconded by Assistant Mayor Blachar to adjourn. Th motion carried
unanimously (5-0) and the meeting adjourned at 11:
Attest:
Ellisa L. Horvath
Village CI
rk
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