HomeMy Public PortalAbout2009-07-21 Regular Meeting323
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JULY 21, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 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 7:00
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Councilwoman Patricia Coheni
Councilman Martin Packer
Councilman Jaime M. Sanz.
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Alan Gabriel, Village Attorney
Absent: Assistant Mayor Joni D. Blachar
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 DELEEIONS/ADDMONS: Mr. Treppeda
requested that Tab N be removed from the agenda.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
removal of Tab N from the Agenda. The motion carried (3-0).
4. SPECIAL PRESENTATIONS:
Officer of the Month for June 2009: Chief Tom Hunker presented Officer
Ramon Fernandez with the Officer of the Month plaque, for June 2009.
5. CONSENT AGENDA: Mr. Treppeda requested approval for the items on
the Consent Agenda.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve the
items on the Consent Agenda. The motion carried (4-0).
1 Councilwoman Cohen arrived during the Special Presentations.
Bal Harbour Village Regular Council Meeting Minutes 07/21/2009 1
32
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: The following ordinance
was read by title by the Village Clerk:
AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, AMENDING
SECTION 19=4 "PARKING IN P OFF-STREET PARKING DISTRICT AND ON
HERMAN B. FULTZ BRIDGE" OF ARTICLE ONE "IN GENERAL" OF CHAPTER
19 "TRAFFIC AND MOTOR VEHICLES" OF IHE VILLAGE CODE BY
PROVIDING FOR THE CREATION OF A PARKING METER FEE SCHEDULE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
The motion carried (4-0), with the role call vote as follows: Mayor Rosenfield aye; Assistant
Mayor Blachar absent; Councilwoman Cohen aye; Councilman Packer aye; Councilman Sanz
aye; thus becoming Ordinance No. 2009-534.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: The following
ordinance was read by title by the Village Clerk:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 10 "MARINE STRUCTURES,
ACTIVITIES AND WAYS", BY AMENDING ARTICLE II, "USE OF PUBLIC
BEACHES", SECTION 10-31 "PROHIBITED ACTS", AND SECTION 10-32
"PROHIBITIONS; MOTORBOAT RESTRICTED ZONES", PROHIBITING 1HE
RENTAL OF MOTORBOATS OR PERSONAL WATERCRAFT OR
ESTABLISHMENT OF CONCESSIONS RENTING MOTORBOATS OR
PERSONAL WATERCRAFT ON THE PUBLIC BEACH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield explained that the public expressed at prior meetings that they did not
want to allow motorized boating on the beach.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
Bal Harbour Village Regular Council Meeting Minutes 07/21/2009 2
325
The motion carried (3-1), with the role call vote as follows: Mayor Rosenfield aye; Assistant
Mayor Blachar absent; Councilwoman Cohen no; Councilman Packer aye; Councilman Sanz
S. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Discussion of Bal Harbour Village Beach Erosion — Brian
Flynn, Miami -Dade County DERM: Mr. Flynn estimated the project to be complete in
August.
Paul Pruess, 10101 Collins Avenue, questioned the long-term solution for a permanent
resolution to the beach erosion problem. Mr. Treppeda reported that the Village's engineer
is working on a presentation regarding a sand transfer station. Mr. Pruess questioned if that
is the only potential solution.
Mr. Flynn discussed short-term trucking projects and long-term Army Corps of Engineers
projects. He discussed new potential sand areas off Dade County, which would allow a Bal
Harbour project in 2011, or the use of non -domestic sand (Bahamas, Turks & Caicos). He
discussed the plan to remove the existing non-functional groins and replace them with rock
structures that will retain the sand longer and reduce the wave energy, which should be
constructed in 2011. Mr. Flynn will provide Mr. Treppeda with contact information for the
Army Corps Jacksonville District to provide a presentation on the plans.
It was the consensus of the Council for the Army Corps of Engineers to attend a future Council
meeting to discuss plans for the rock structure project.
Marjorie Schell, 9801 Collins Avenue, discussed increasing plantings, providing signage
in two languages, and installing fencing.
Mr. Flynn will attend the September meeting.
Discussion of Vita Course on Beach: This item was removed from
the agenda.
Discussion of Proposed Millage Rate for 2009/2010: Chris
Wallace, Finance Director, recommended approving a millage rate of 2.5265, which is the
rolled -back rate. He explained that it's not a tax increase and the Village will be receiving
less money. He discussed the loss of the St. Regis Development Agreement money in the
2010/2011 budget and the possibility of the project not making the tax roll, which would
create a $2 million loss in that fiscal year budget.
Dina Cellini, 211 Bal Cross Drive, questioned contingency plans if the St. Regis doesn't
provide the money that is agreed to in the Development Agreement. She suggested an
informal budget workshop prior to the first budget meeting. Mr. Wallace explained that the
Bal Harbour Village Regular Council Meeting Minutes 07/21/2009
32
$2million specified in the Development Agreement is a financial guarantee and nonpayment
would result in the Village having an enforceable lien on the property. He noted that it would
cause a cash -flow problem, but that the Developer has been paying on time. He reported
that the Village has substantial reserves to cover that shortfall for at least a year. Ms. Cellini
questioned if there are sufficient funds in reserves. Mr. Wallace reported that there are.
Neil Alter, 9801 Collins Avenue, spoke in favor of the Council considering a budget
workshop meeting. He questioned the consequences of construction slowing on the second
St. Regis condo building and its relationship to future property tax revenue. Mr. Treppeda
reported that construction is continuing. Mr. Nieda reported that the project was ahead of
schedule, so they slowed it down. He estimated the three structures to be complete at the
end of the year, with the interior work beginning at that time. Mr. Treppeda discussed the
loss of the $2 million as part of the Development Agreement and the possibility of a time
lapse until the project is on the property tax rolls. Mr. Wallace discussed having a stable tax
rate and the implementation of a rate stabilization fund to address that.
Mr. Alter questioned a request submitted to the Council by the St. Regis for modifications.
Mr. Treppeda reported that the request was to change the direction that the pools are
going, which wouldn't require Council action. Mr. Alter suggested that an additional year be
added to the Development Agreement for the changes they requested.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to authorize the
Village Manager to certify the millaRe rate as 2.5265 mills. The motion carried (4-0).
Quarterly Financial Update for Third Quarter 2008/2009
Provided by Finance Director Christopher Wallace: Mr. Wallace reviewed the
financial update and estimated all funds to finish well into the black. He discussed the loss
experienced by the Village through the State Board of Administration Funds. He suggested
that the Council decide whether or not to take action against the State Board, since they
operated outside of their Investment Guidelines, and discussed the opportunity for
Collective Action. Councilman Packer discussed the cost involved to pursue an action and
questioned the Village Attorney regarding other cities doing something. Mr. Gabriel
reported that there has been discussion, but no action at this point. Councilman Packer
discussed monitoring the issue to see if there is a class action suit.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of July 21, 2009: A list of
Lobbyists registered with the Village was provided in the agenda.
Selection of Budget Hearing Dates/Times: Mr. Treppeda
requested direction from the Council on whether or not they would like to meet in August.
A motion was offered by Councilman Sanz and seconded by Councilman Packer approving the
cancelation of a Regular Council meeting in August The motion carried (4-0).
Mayor Rosenfield reviewed the list of suggested dates/times for the budget hearings.
Dina Cellini, 211 Bal Cross Drive, suggested that the budget hearings be held at 7:00
Bal Harbour Village Regular Council Meeting Minutes 07/21/2009 4
327
p.m. Mayor Rosenfield noted that the hearings must be held after 5:00 p.m. and suggested
6:00 p.m. as a compromise.
It was the consensus of the Council toschedule the First Budget Hearing for September 8, 2009
at 6:00 p.m., the Second Budget Hearing for September 15, 2009 at 6:00 p.m., and the September
Regular Council Meeting for September 15, 2009 at 7:00 p.m.
Selection of Regular Council Meeting Times for August
through December: The meetings for August and September were previously discussed.
A motion was offered by Councilman Packer and seconded by Councilman Cohen to hold the
Regular Council Meetings in October, November, and December at 7:00 p.m. and to re-evaluate
the times for the 2010 schedule at the December meeting. The motion carried (4-0).
C. VILLAGE ATTORNEY: No items were discussed.
D. MAYOR AND COUNCIL:
Councilwoman Cohen questioned the revenue that was derived from the Sheraton. Mr.
Wallace clarified that prior to the Sheraton being torn down, they accounted for 75% of the
resort tax revenue. He explained that the Regent and other places have since come on line,
but noted that property still provide a large portion of the tourism and property revenue.
Councilwoman Cohen discussed people being attracted to hotels that have activities for
children and urged the Council to keep that in mind when restricting activities. She
explained that she was not in favor of the decision to eliminate motorized watercraft, which
may not be beneficial to the Village on every aspect. Mayor Rosenfield explained that the
new Tourism Director is addressing plans for activities on the beach that will involve
children and residents.
10. OTHER BUSINESS:
Dan Holder, 24 Bal Bay Drive, questioned if the Sheraton was 75% of the property taxes.
Mr. Wallace clarified that it was 75% of the tourism tax revenue. Mr. Holder discussed the
dangers of Jet -ski accidents, the need to protect people, and having safe beaches.
Dina Cellini, 211 Bal Cross Drive, questioned if the Village is merging its Police dispatch
with Surfside and Indian Creek at the Surfside Police Station. Chief Hunker reported that it
is an experiment that will be held in August, in conjunction with Key Biscayne and Surfside.
He explained that the idea was to decrease the budget. Councilwoman Cohen expressed
concern regarding Key Biscayne participating. Chief Hunker doesn't expect any change in
service. Councilman Packer questioned if the experiment is a success, if the joint
communications will be moved to the Shops. Chief Hunker doesn't know, but spoke against
the dispatch being in Surfside. Councilman Packer questioned if the Police are still
proceeding to move to the Shops. Chief Hunker reported that they are. Councilman Packer
questioned if the Village houses everyone at the Shops if the Village would then receive a
contribution from the other municipalities. Chief Hunker doesn't know where it would be
housed and explained that the experiment is to find out if it is feasible. He explained that
Bal Harbour village Regular Council Meeting Minutes 07/21/2009 5
328
North Bay Village and Bay Harbor are not participating, because they are on a different
CADD system. Mr. Treppeda explained that Indian Creek doesn't have a need, because
someone has to be at the bridge. Chief Hunker will report back on the results of the
experiment.
Ms. Cellini voiced concern that the item wasn't put on the agenda for discussion. She thinks
that it would have been more financially responsible to conduct the experiment before the
decision and costs to move the dispatch area to the Shops. Ms. Cellini is not against the
experiment, but requested that the move to the Shops be stopped until it is determined if
the joint dispatch is feasible on a permanent basis. She also spoke against moving the
uniform patrol division to the Shops if a joint dispatch is done, because the reason behind
the move was for safety, flooding, etc. issues regarding the dispatch area.
Chief Hunker explained other reasons for the move including the uniform division needing
to operate after an emergency. He doesn't see any reason not to move forward and
reported that there is no commitment to Surfside on the location for housing the dispatch.
Mayor Rosenfield reported that the Council is aware of what is going on and will continue
monitoring the concept.
Lynne Bloch -Mullen, Admiralty Apartments, spoke in favor of fixing the current Village
Hall or working towards a new Village Hall. She noted that the move is another expensive
band -aid that alot of residents do not want.
Mr. Treppeda thanked all of the Village Department Heads for looking at budget cuts.
Mayor Rosenfield discussed the need for Village residents to have evacuation and other
plans in preparation for the hurricane season.
Pedro Bass, Division Chief for Miami -Dade Fire Rescue, introduced Battalion Chief
Steven Trammel from the A Shift. He discussed maintaining contact with the Village,
challenges and budget cuts, and the addition of a station in Bay Harbor, which will have a
rescue. He commended the Mayor for her comments on hurricane preparedness. He
discussed post -storm hazards, issues with high-rises, and offered to participate in a public
safety meeting.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Councilman Sanz to adjourn. The motion carried 4-0) and
the meeting adjourned at 8:23 p.m.
Attest:
Ellisa [Horvath, CHIC, yIIlage Clerk
Ba1 Harbour Village Regular Council Meeting Minutes 07/21/2009
6
329
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
FIRST BUDGET HEARING - SEPTEMBER 8, 2009
The First Budget Hearing of Bal Harbour Village was held on Tuesday, September 8, 2009,
in the Council Chambers at Bal Harbour Village Hall (655 — 96th Street, Bal Harbour,
Florida).
1. CALL TO ORDER/ROLL CALL The meeting was called to order at
6:00 p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Jaime M. Sanzi
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Andrea Greenblatt, Admin. Assistant
Richard J. Weiss, Village Attorney
Absent: Councilman Martin Packer
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE The Pledge was led by Mayor Rosenfield.
3. ANNOUNCEMENT: Mayor Rosenfield announced that the Bal Harbour
Village rolled -back millage rate is 2.5265 mills and that the proposed millage rate for the
upcoming fiscal year is 2.5265 mills, which equals the rolled -back rate of 2.5265 mills.
4. DISCUSSION OF PROPOSED TAX MILEAGE RATE AND
DISCUSSION OF PROPOSED BUDGET: Finance Director Christopher Wallace
distributed and reviewed a Powerpoint presentation. He explained that the millage rate is
being raised due to the decrease in property taxable value, to create similar revenue to the
prior year.
Mayor Rosenfield discussed various ways that the Village saved money in the budget. She
reported that it will be the last year that the St. Regis is giving certain money to the Village
through the Development Agreement. She noted that there is a savings for the following
year to help cover that loss of revenue.
Mayor Rosenfield opened the item for public discussion.
Anamarie Kelly questioned if 40% is excessive for a police budget and questioned the
increase in the Roads & Streets budget. She noted that the interior section is owned by the
1 Councilman San7 arrived during discussion of the Budget Ordinance.
Bal Harbour Village Council Meeting Minutes — First Budget Hearing 09/08/2009 1
350
residents and questioned if the Civic Association land (within the Security District) is
included in the maintenance part of the Village's budget and if the Village is being
reimbursed for expenses on that private property for maintenance, water and sewer. Mr.
Wallace reported that 40% for police is not unusual for a city of any size. He explained that
the Roads and Streets is set up in the State's uniform county system and noted that it
would provide for work done on any roads/streets within the Village. Mr. Wallace reported
that the Village collects taxes from all the properties and distributes it accordingly in the
budget where it is needed. He is not aware of any reimbursement that the Village receives
from private sources and is not familiar with any reimbursement for water meters on the
public right-of-ways.
There being no additional comments, Mayor Rosenfield closed the meeting for public
discussion.
5. RESOLUTION - ADOPTION OF THE TENTATIVE MILLAGE
RATE The following resolution was read by title, by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, OF NIIAMI-DADE COUNTY,
FLORIDA, ADOPTING THE TENTATIVE LEVYING OF AD VALOREM TAXES
FOR FISCAL YEAR 2009/2010; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the meeting for public discussion. There being no additional
comments, Mayor Rosenfield closed the meeting for public discussion.
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to
approve the Resolution. The motion carried (3-0); thus becoming Resolution No. 2009-711.
6. ORDINANCE FIRST READING/PUBLIC HEARING: The following
ordinance was read by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE ADOPTING A BUDGET FOR
ALL VILLAGE FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009,
AND ENDING SEPTEMBER 30, 2010; APPROPRIATING REVENUES AND
OTHER FUNDS; AUTHORIZING EXPENDITURES; AND ESTABLISHING AN
EJ FICTIVE DATE.
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to
approve the Ordinance.
Mayor Rosenfield opened the meeting for public discussion.
Abraham Gotman, 9601 Collins Avenue, questioned if the Village is receiving any money
from the Federal government. Mr. Treppeda reported that the Village will receive $250,000
for new bus shelters/benches. Mr. Wallace clarified that stimulus funds will provide
$250,000 for bus shelters/benches, $77,000 for crosswalks, and $33,000 for a bus.
Neil Alter, 9801 Collins Avenue, questioned when the Village will receive the money. Mr.
Treppeda reported that the money was just awarded and has to go through the process.
Mr. Alter questioned the process for the bus shelters. Mr. Treppeda reported that a
Bal Harbour Village Council Meeting Minutes — First Budget Hearing 09/08/2009 2
331
prototype will be presented at the September or October Council Meeting. Mr. Alter noted
that the shelters cannot be purchased until the Village receives the money. Mr. Treppeda
reported that the Federal government will be providing the money. Mr. Alter discussed the
promise for sand, which the Balmoral did not receive much of.
There being no additional comments, Mayor Rosenfield closed the meeting for public
discussion.
Assistant Mayor Blachar suggested deleting the Lifescan line item from the budget for
employees, since it's not a standard for care. Mr. Treppeda noted that money just needs to
be budgeted for a wellness exam for the Police.
A motion was offered by Assistant Mayor Blachar and seconded by Mayor Rosenfield to delete the
budgeted item for life/bodv scan.
Councilwoman Cohen requested additional information on the item before deleting it. Chief
Hunker spoke in favor of the Lifescan and explained that it is done instead of a physical
exam, since it's better and less expensive. Mr. Treppeda explained that it also includes
bloodwork, etc. Assistant Mayor Blachar spoke in favor of the Lifescan, if it's less
expensive than a physical.
Councilman Sanz arrived.
This item will be discussed at the Second Budget Hearing.
A motion was offered bvAssistant Mayor Blachar and seconded by Mavor Rosenfield to withdraw
the motion to delete the budgeted item for life/bodv scan. The motion carried (4-0).
Assistant Mayor Blachar requested that the Uniforms for Village Hall clerical employees be
deleted from the budget.
Assistant Mayor Blachar questioned the need for Munisport• environmental attorneys.
Mayor Rosenfield thinks that the situation needs to be monitored, since the property is
adjacent to the Village. Mr. Treppeda reported the bills to be approximately $25,000. Mr.
Weiss and Mr. Treppeda will speak with the attorneys about decreasing their fees.
Assistant Mayor Blachar questioned the cost of $800 for Lapel Pins. Mrs. Horvath reported
that the pins have not been ordered in the past four years. Mr. Weiss doesn't think the
amount needs to be changed. He suggested that the Council give direction to the Village
Manager, so that the items can be changed. He reported that the vote should be to show if
there is consensus.
Assistant Mayor Blachar questioned the cost for Legal Ads. Mrs. Horvath reported that
advertising is only done in The Miami Herald if the Village is legally required to do so,
otherwise a less expensive publication is used.
Assistant Mayor Blachar questioned the cost for Uniforms. Mr. Treppeda reported that the
Administrative Assistant receives $700 and the other clerical employees receive $500 in
uniforms. Councilman Sanz commented on how nice the uniforms look. Assistant Mayor
Blachar questioned if they are used by the employees. Mr. Treppeda responded that they
Bal Harbour Village Council Meeting Minutes — First Budget Hearing 09/08/2009 3
532
are.
Assistant Mayor Blachar questioned the cost of $10,000 for snow for the Park Snow
Festival. Mayor Rosenfield spoke in favor of it, but suggested having the party without the
snow to have something for the children. Mr. Treppeda reported that the cost includes
snow, food, etc. Assistant Mayor Blachar requested a breakdown on the costs.
Assistant Mayor Blachar questioned the cost of $11,500 for a Park Lightning Detector. Mr.
Treppeda reported that the Village Park Director requested it, because other parks have it.
Mayor Rosenfield discussed the large amount of children that use the Park. Councilwoman
Cohen spoke in favor of it.
The motion carried with the vote as follows: Mayor Rosenfield ave; AssistantMavorBlachar ave;
Councilwoman Cohen ave; Councilman Packer absent; Councilman Sanz ave.
7. ANNOUNCEMENT: Mayor Rosenfield announced that the next budget
hearing is scheduled for Tuesday, September 15, 2009, at 6:00 p.m.
8. ADJOURN: There being no further business to come before the Council, it
was the consensus of the Council to adjourn. The meeting adjourned at 6:59 p.m.
Attest:
Ellisa L. Horvath, C
C, village Clerk
Bal Harbour Village Council Meeting Minutes — First Budget Hearing 09/08/2009 4