HomeMy Public PortalAbout2009-05-19 Regular Meeting305
BAL. HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - MAY 19, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 19, 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 9:06
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
Michael Popok, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mr. Popok.
3. AGENDA: REQUEST FOR DELEHONS/ADDITIONS: Mr. Treppeda
requested the removal of Tab L and the addition of an Interlocal Agreement Between
Miami -Dade Transit Agency and Bal Harbour Village.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the removal/addition of the items requested The motion carried (5-0).
4. SPECIAL PRESENTATIONS:
Officer of the Month for April 2009: Captain Jay Smith presented Officer
Hector Gonzalez with the Officer of the Month plaque, for April 2009.
5. CONSENT AGENDA:
Dina Cellini, 211 Bal Cross Drive, requested the removal of Tab C, Tab D, and Tab K
from the Consent Agenda.
Mr. Treppeda requested approval for the following remaining items on the Consent Agenda:
Tab B: Minutes for April 20, 2009 Induction Meeting and April 21, 2009 Regular
Meeting
Tab E: $18,150.00 in Resort Tax Funds and Approval of the Proposal from Zambelli
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Fireworks Internationale for the Annual Fourth of July Fireworks Display
Tab F: $5,046.00 for Construction Depot Change Order for Police Sally Port Project
Tab G: $5,644.77 for Dynamic Power Hydraulic to Replace a' Garbage Truck Winch
Tab H: $34,161.75 and Approval for Trident Telecom to Install a Conduit and Phone
Lines to the Nine Code Blue Emergency Phones on the Beach
Tab I: Approval of the Interlocal Agreement with Miami -Dade County for
Acceptance of Funds ($711.00) from the Handicap Parking Fines
Reimbursement Program
Tab J: $16,958.00 to Purchase a Replacement Dell Computer Server for the Police
Department
Tab M: $5,800.00 for the Jenetopulos Group to Prepare Architectural and
Engineering Drawings for a New Cupola for Village Hall
Tab N: $4,026.14 and Approval of a Sign Package from Fast Signs for the North
Parking Lot
A motion was offered by Councilman Sanz and seconded by Assistant Mayor Blachar to approve
the items on the Consent Agenda, with the exception of Tabs C, D, K, and L. The motion carried
(5-0).
Discussion of Tab C — Motion Approving Expenditure of Police
Forfeiture Funds: Dina Cellini, 211 Bal Cross Drive, spoke in favor of imposing
guidelines/parameters for students to apply for future scholarship money and advertising.
Mayor Rosenfield agreed that should be taken into consideration. She discussed schools
contacted that were not interested and prior scholarships given.
Ms. Cellini questioned if the boat lift will be a fixed stationary item. Captain Smith reported
that it is a removable lift that would only require a permit from DERM to move.
Discussion of Tab D — Motion Approving Resort Tax Committee
Recommendations: Dina Cellini, 211 Bal Cross Drive, requested the salary for the
Director of Tourism position. Mayor Rosenfield reported it to be $115,000, with benefits and
performance bonuses, which was negotiated by Merrell Stierheim and recommended by
the Resort Tax Committee. Mr. Treppeda reported that the GMCVB also assisted in the
process, the prior Director was paid $110,000, and the new Director has four years prior
experience with the Village.
Discussion of Tab K — Motion Approving Proposal for Preliminary
Biddable Plans for Police Station at Bal Harbour Shops: Dina Cellini, 211 Bel
Cross Drive, questioned if the $16,000 for the plans will be paid by the Village or the
Shops. Mr. Treppeda reported that it will be paid by the Village, the plans are required prior
to the bidding process, and the amount is in addition to the $400,000. He doesn't anticipate
that any other money will be needed from the general fund. Ms. Cellini thinks that a great
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deal of money is being spent and urged the Council to sharpen their pencils.
Neil Alter, 9801 Collins Avenue, questioned the amount of the scholarship for Tab C.
Mayor Rosenfield reported it to be $2,000. Mr. Alter questioned if there is a limitation on the
amount of scholarships given. Mayor Rosenfield reported that the amount is up to the
Police Department. Mr. Alter encouraged promoting it.
A motion was offered by AssistantMavorBlachar and seconded by Councilman Sanz to approve
Items C, D, and % on the Consent Agenda. The motion carried (5-0).
Motion Approving Interlocal Agreement Between Miami -Dade
Transit Agency and the Bal Harbour Village for Federal Funding Pass -Through
Arrangements with the American Recovery and Reinvestment Act (ARRA) of
2009 Federal Transit Administration (FTA 5307) for the Village to Operate Bus
Circulator Services: Mr. Treppeda distributed the Interlocal Agreement to apply for
$33,167.54 in transit funds, to help pay for a new bus.
Brian Mulheren, 10245 Collins Avenue, discussed reasons a new bus is needed.
Mr. Treppeda reported that the amount will pay for half of the cost of a new bus.
Councilman Sanz noted the nice appearance of the Surfside and Bay Harbor buses. Mr.
Treppeda will present ideas for new buses to the Council.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
Agreement and spending the money on a new bus. The motion carried (5-0).
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:
Discussion of Bal Harbour Village Beach Erosion — Brian
Flynn, Miami -Dade County DERM and Discussion of Request from DERM to
Store Equipment on the Beach during Renourishment Project: Mr. Flynn reported
that DERM is working on logistics with staff for the project and clarified that the project
addresses the severe erosion at the north end of Bal Harbour's beach. He noted that the
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County is working with the Army Corps of Engineers on a larger project for late 2010 or
early 2011. Mr. Flynn explained that some equipment will need to remain on the beach
during the project, behind the St. Regis site. He reported that the project will begin next
Tuesday, work will be done Mondays through Thursdays, and the project should take two
months.
Councilman Packer thought the project was for a complete renourishment. Mr. Flynn
clarified that the project will be from the jetty to the first groin field, which is approximately
1,000 feet (around the Bal Harbour Club). Councilman Packer thinks the project was
misleading, because the public thought that it was for the entire beach. He questioned why
sand is being placed at 96th Street and trucked to the north. He suggested unloading the
sand at the north end of the beach. Mr. Flynn explained that the north end is the main
access for the beach, which would be more dangerous for pedestrians, etc. and could
cause damage to the paver walkway. He reported that it's easier to dump and move the
sand out of the way on 96th Street, which is more manageable. Mr. Flynn discussed the
history of the projects original intent to address the severe erosion and to renourish the
north end of the beach. Mr. Treppeda clarified that the project was in response to an
emergency situation that the County was addressing. Mayor Rosenfield agreed and
clarified that the Council wanted to address the emergency request. Mr. Treppeda reported
that prior meeting minutes reflect that the project was only for the north end of the beach.
Anamarie Kelly, discussed using the north path and suggested that permission be
obtained from Surfside, if the Village is using the 96th Street entrance. Mr. Flynn will make
sure that Surfside is aware of the project.
Dina Cellini, 211 Bal Cross Drive, noted that many residents were lead to believe that the
renourishment was for the entire beach. Mr. Treppeda will provide the prior meeting
minutes.
Brian Mulheren, 10245 Collins Avenue, suggested applying for stimulus money for the
beach, so renourishment can be done as needed, and staying on top of the renourishment
process. Mr. Flynn reported that the County has submitted a stimulus grant application,
including Bal Harbour, which they should receive a response on in June. He discussed the
Presidents budget including beach renourishment and taking advantage of any funding
opportunities.
Neil Alter, 9801 Collins . Avenue, discussed the Bal Harbour reserves for beach
renourishment. Mr. Treppeda reported that $1.2 million is available. Mr. Alter suggested
relying on those funds to expedite the process with DERM, if they have difficulty finding
funds. Mr. Flynn agreed that would help.
Marjorie Schell, 9801 Collins Avenue, discussed damage that may occur to the beach
access road, from trucking sand to the north end. Mr. Flynn reported that the County can
address that if there is a problem. Mr. Weiss will provide the County with a Memorandum of
Understanding, on behalf of the Village.
A motion was offered bv Assistant Mavor Blachar and seconded by Councilman Sanz to approve
DERM to store equipment on the beach, subject to including a memorandum of understanding.
The motion carried (5-0).
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B. VILLAGE CLERK:
Lobbyist Registration Report: As of May 19, 2009: A list of
Lobbyists currently registered with the Village was provided in the agenda. Mrs. Horvath
reported the only change to be the registration of Joe lmbesi for the Bal Harbour Club Inc.
C. VILLAGE ATTORNEY:
Alcoholic Beverage Consumption of Beaches: Mr. Weiss reported
that a County Code provision exists that could apply to the Village, but clarified that the
County does not enforce it on the Village's beach and they don't think it's applicable to the
Village's beach. He added that the Council has the authority to do something, but currently
it's not prohibited. Mayor Rosenfield discussed Haulover beach.
Brian Mulheren, 10245 Collins Avenue, encouraged the Council to place regulations and
spoke against alcoholic beverages and glass on the beach.
Mayor Rosenfield questioned if the Police have had problems on the beach. Mr. Treppeda
advised that they have not. Councilman Packer suggested not waiting for a problem and
suggested that the Village enforce the County Code. Mr. Weiss clarified that the Council
has the ability to enact an Ordinance. Councilman Packer spoke in favor of implementing
an Ordinanceprohibiting glass bottles or cans of alcoholic beverages on the beach. Mr.
Weiss reported that the Village has traditionally permitted alcohol on the beach in non -glass
containers, which is what the Police enforce. Councilwoman Cohen has never seen broken
glass on the path and doesn't know how prevalent it is. Assistant Mayor Blachar reported
that she has never had a problem or seen anyone drunk and she doesn't want to stop
people from fishing and having a good time.
Anamarie Kelly, spoke against allowing drinking on the beach.
Neil Alter, 9801 Collins Avenue, suggested focusing attention under the bridge and on
the jetty, where people congregate and drink.
Mayor Rosenfield suggested that the Police frequent that area more. Assistant Mayor
Blachar suggested discussing the issue after the meters are installed to see if there's a
problem. Councilman Sanz suggested that the Police monitor the situation. Councilwoman
Cohen discussed the tremendous Police presence under the bridge. She discussed the
amount of litter under the bridge and her request to place more trash receptacles there.
Dina Cellini, 211 Bal Cross Drive, requested clarification on the existence of an ordinance
preventing drinking under the bridge. Mayor Rosenfield reported that public drunkenness
would be addressed by the Police.
Assistant Mayor Blachar left the meeting.
Captain Klingman clarified that the law prohibits open containers in motor vehicles and any
noise disturbances, etc. are addressed by the Police.
Mr. Weiss left the meeting.
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Ms. Cellini clarified that someone drinking in a car can be cited. Captain Klingman agreed.
Ms. Cellini questioned if it is a violation for someone to drink sitting next to their car.
Captain Klingman reported that no ordinance addresses that.
Assistant Mayor Blachar returned to the meeting. Mr. Weiss returned to the meeting.
Councilman Packer questioned if there is a law against public drinking from an open bottle
(at bus stops, etc.). Mr. Weiss will research that.
Assistant Mayor Blachar suggested that the Police monitor the issue during the upcoming
Memorial and July 4th holidays.
Brian Mulheren, 10245 Collins Avenue, discussed people drinking by the jetty and in the
parking lot. He spoke in favor of implementing an ordinance, so the police have the power
to enforce it if necessary.
Assistant Mayor Blachar thinks that the police do have the power. Mr. Weiss reported that
the police are enforcing the prohibition of glass on the beaches. Captain Klingman
discussed the difference between someone possessing alcohol and their conduct and
clarified that the Police deal with misconduct. Mr. Weiss reported that the Police have the
authority to deal with unruly conduct. Councilman Packer questioned the possession of an
open container of alcohol on the beach or streets. Mr. Weiss reported that it is up to the
Council if they want to do something.
D. MAYOR AND COUNCIL:
10. OTHER BUSINESS:
Joanne Allison and Linda Siegel, Aventura residents, spoke against the requirement to
ride bicycles in the street in Bal Harbour. Ms. Siegel discussed a State Statute allowing
bicycles on the sidewalks, if a life is threatened. Ms. Allison and Ms. Siegel would like to
ride their bikes on the sidewalks. Ms. Siegel reported that the sand on the beach path is not
good for riding.
Mayor Rosenfield discussed the Village Ordinance prohibiting bikes on the sidewalks and
explained that the beach path was opened to riders for that reason. Councilman Packer
discussed researching the State Statute. He noted that if the path on the beach needs to be
hardened for riders, then it will be addressed. Assistant Mayor Blachar agreed.
Neil Alter, 9801 Collins Avenue, questioned the status of the installation of the cameras.
Captain Jay Smith reported that the first one is scheduled to be installed at the end of June,
with a 90-day warning notice to violators.
Mr. Alter discussed the condition of the bus shelters and the lack of roofs and sides. Mr.
Treppeda reported that designs are being worked on for protection from the elements. He
noted that the St. Regis location will be used as a test site. Councilman Sanz spoke in favor
of new shelter designs. Mayor Rosenfield requested an update in June.
Mr. Alter reported confusion on the beach renourishment project, which he thought was for
the entire beach.
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Mr. Alter spoke in favor of broadcasting meetings on the Village's cable channel. Mayor
Rosenfield reported that Mr. Treppeda is investigating that. Mr. Treppeda reported that the
cost is $50,000 plus $350 each meeting for attendance and filming. Assistant Mayor
Blachar spoke against it for various reasons. Councilman Packer suggested a test for one
to two months for resident response, etc. and requested that the Council give authority to
the Manager to proceed.
Mayor Rosenfield discussed problems with space, etc.
A motion was offered by Councilman Packer to direct staff to look into the issue ofbroadcastinR
Council meetings further. The motion died due to the lack of a second.
Councilman Packer discussed the need for the Council to be transparent.
Councilwoman Cohen spoke in favor of night meetings, for better attendance for education,
etc. Councilman Packer discussed educational reasons for broadcasting and urged Mayor
Rosenfield's approval. Mayor Rosenfield offered to attend other municipal meetings that are
broadcast to see the process and discussed the pros and cons of broadcasting.
Mayor Rosenfield announced that the June and July meetings are scheduled for 7:00 p.m.
and future times will be determined at the July meeting.
Anamarie Kelly, questioned the cost and amount of keys sold for the Club path. Mayor
Rosenfield reported that the property is private and the Council does not have that
information.
Ms. Kelly discussed the Village's Development Agreement with the Sheraton and concerns
regarding bankruptcy and the Village receiving the resort tax money. Mr. Weiss reported
that those issues are being dealt with through the Manager.
Councilman Packer explained that he previously asked the question regarding keys to the
Club's beach path to see if people were purchasing the keys and using the path. Mr. Weiss
reported that since there isno agreement between Mr. lmbesi and the Village dealing with
the path, the Village should stay away from the issue.
Dina Cellini, 211 Bal Cross Drive, discussed the appearance of a quick pro -quo with Mr.
lmbesi, since the Village approved placing the Police boat at the marina and then Mr.
lmbesi opened the beach path. Councilman Packer clarified that the Police boat has always
been at that marina.
Brian Mulheren, 10245 Collins Avenue, suggested that the bus shelter test site be at the
Bellini. Mr. Treppeda explained that the St. Regis was selected, since it is paying for the
test bus shelter.
Beth Berkowitz, 10160 Collins Avenue, encouraged the use of the dock behind the park
for the Police boat and spoke against prisoners being brought through the Village.
Councilman Packer discussed reinstalling the Vita path on the beach. Mr. Treppeda
reported that is being researched. Mayor Rosenfield questioned the liability involved and
usage of the Vita path. She suggested a survey of Village residents. Councilman Packer
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spoke in favor of giving residents the same amenities as other communities in the area.
A motion was offered by Councilman Packer and seconded by Councilman Sanz for Mr.
Treppeda to investigate a Vita path and water fountains on the beach. The motion carried (5-0).
Councilman Packer reported that he and Mr. Treppeda have been in touch with Sally
Heyman and announced that there will be a dog park at the south end of Haulover Park. He
suggested passing a resolution supporting the formation of the dog park. He clarified that
the dog park will be financed by the County, which is requesting in -kind contributions from
Bay Harbor, Bal Harbour, Sunny Isles Beach, and Surfside, in the form of machinery,
employees, etc. to help. Mayor Rosenfield spoke in favor of supporting it, but would like to
know the cost involved.
A motion was offered by Councilman Packer and seconded by Councilman Cohen that the Village
supports the creation of a dog park at Haulover Park The motion carried (5-0).
Councilman Packer thanked the Public Works Department for clearing debris from the palm
trees. Councilwoman Cohen suggested being proactive and cutting them prior to dropping.
Mr. Treppeda explained that they are falling before they are supposed to, due to the lack of
rain.
Mr. Treppeda reported that a water fountain has been ordered, which will be placed on the
beach behind the Club.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Assistant Mayor Blachar to adjourn. The motion carried (5-
0) and the meeting adjourned at 10:55 a.m.
Attest:
Ellisa L. Horvath, illage Clerk
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