HomeMy Public PortalAbout2009-11-05 Workshop MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
WORKSHOP MEETING - NOVEMBER 5, 2009
A Workshop Meeting of the Bal Harbour Village Council was held on Thursday, November 5,
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
Assistant Mayor Joni D. Blachar
Councilman Martin Packer
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village Clerk
Susan L. Trevarthen, Village Attorney
Absent: Councilwoman Patricia Cohen
Councilman Jaime M. Sanz
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilman Packer.
Councilman Packer requested that a moment of silence be observed for the soldiers that
were mortally wounded at Fort Hood military base, in Texas.
3. PRESENTATION AND DISCUSSION OF THE DRAFT
EVALUATION. & APPRAISAL REPORT (EAR) OF THE ADOPTED
COMPREHENSIVE PLAN - VILLAGE PLANNER MICHAEL MILLER: Mr.
Miller reviewed the DRAFT EAR of the Village Adopted Comprehensive Plan. He explained
the purpose and discussed the history of the Plan. Mr. Miller reviewed the purpose of the
EAR process, which is to look at the Comprehensive Plan and determine the items that
should be looked at. He read the Department of Community Affairs guidelines on what the
EAR is supposed to accomplish.
Mr. Miller explained that in 2005, the Village held meetings and developed a scope of
services for the EAR and issues the community thought was important. He reported that
the Department of Community Affairs agreed with those items. He explained that those
issues are identified and addressed in the EAR.
Mr. Miller discussed development/changes (Harbour House and Sheraton demolition) and
the impact to the community. He reported the population to be approximately 3300, with a
maximum of 3500.
Mr. Miller reported that the EAR document was due in 2006. He explained that the
document was provided to the community in 2007 and several public meetings were held.
He explained that the EAR doesn't amend the Comprehensive Plan, but is a study of what
the Plan is, with some vague recommendations. He reported that some of the comments
provided at the March Workshop Meeting were incorporated as recommended changes.
Bal Harbour Village Council Workshop Meeting Minutes 11/05/2009 1
3 5 Mr. Miller discussed Parks and Recreation. He reported speaking to the head concurrency
person at the County and the person in the Park and Recreation Department that conducts
the concurrency review for that. He reported that the County adopted a level of service and
would like everyone to use that standard, but explained that the communities can do
whatever they want. Mr. Miller reported that an acreage level of service is provided in the
Plan now and in the Code the Village adopted in 1990 by reference (the. County
concurrency system). Mr. Miller explained that since that time, the County made some
amendments, but clarified that the Village Code addresses the original County order. He
noted that the Village has used the consistent evaluation method for all the calculations.
Mr. Miller reported that the County has said that they don't allow the beach to be counted
and they allow private property to be counted at 50%. He clarified that the original order
doesn't say what can be counted. Mr. Miller explained that based on the current population
and seasonal residents, which could be changed, the Village needs about 9.09 acres of
open space and the Village has 10.77 acres available (.96 acres public land and a vast
majority of privately owned land).
Mr. Miller explained that the Tract A site (Bal Harbour Club) could be redeveloped and, if it
is, then some mitigation would have to happen. He clarified that if residential units are built
there, then some new needs will have to be met.
Mr. Miller reported that the County has indicated that the beach cannot be counted, but he
noted that in Bal Harbour the beach is a huge amenity. He discussed the Erosion Control
Line, which delineates public from private land. He reported that nothing can be counted
east of the Erosion Control Line, but anything to the west of that could be counted. He
clarified that the Village does not currently count that or the beach.
Michael Krop, 9601 Collins Avenue, noted that most of the acreage that is counted is the
Club's property and questioned what idea the Council had in the past to fix that problem if
the Club no longer existed. Mr. Miller reported that area has been counted (toward Park &
Recreation space) since 1989. Dr. Krop noted that area is not the same as a park.
Dr. Krop questioned if other communities are counting the beach. Mr. Miller is not aware of
any that do. Dr. Krop questioned if the Village has plans to create open space. Mr.
Treppeda discussed the Park that the Village recently created. Mayor Rosenfield explained
that the only option is to purchase vacant land or purchase property and create land.
Dr. Krop questioned a discussion in 1989 to purchase the Club property for the community.
Mr. Treppeda isn't aware of any discussion. Dr. Krop thinks that the population and needs
of the community have changed. He discussed the increase of children and the need for
open space. Dr. Krop did not offer a solution. Mayor Rosenfield explained that the only
solution is to buy property, demolish, and build space.
Dr. Krop questioned a discussion in the past of purchasing the bank property. Assistant
Mayor Blachar can't comment on what happened years before and solicited suggestions.
Dr. Krop suggested having a meeting to discuss the future. Mayor Rosenfield requested
solutions. She reported that creating more open space will cost money. Dr. Krop discussed
the open space in Sunny Isles Beach. Mr. Treppeda reported that Sunny Isles Beach
traded a lot of height for the parks that they have. Mayor Rosenfield and Assistant Mayor
Blachar discussed the massive buildings in Sunny Isles Beach. Mayor Rosenfield would
like to see the age demographics and what that might mean. She agreed that something
will need to be done with the neighbors jointly.
Bal Harbour Village Council Workshop Meeting Minutes 11/05/2009 2
Mayor Rosenfield discussed Haulover Park and the Village's access to boating, etc. She
explained that can't be counted but is there. Assistant Mayor Blachar also pointed out the
golf course at Haulover. Mr. Miller reported that Bay Harbor Islands takes credit for being
close to Haulover, which the State accepted. Assistant Mayor Blachar discussed the Park
and Recreation Center that the Village also created, which is more than what the Village
had.
Emme Pedinelli, 10245 Collins Avenue, clarified that the Village adopted the County
formula, which the County amended and the Village didn't adopt. She noted that Mr. Miller
is using the original formula, which she is confused about.
Mr. Miller explained that the original County Administrative Order didn't say what could be
counted, so the Village plan is silent. He reported that the County clarified in a separate
Administrative Order what could be counted.
Mr. Miller reported that his intention is to provide the acreage figure and what can be
counted when the Plan is re -written. Councilman Packer clarified that those are in the
document to be sent to the State. Mr. Miller agreed.
Ms. Pedinelli reported that she spoke with the County regarding their definitions on open
space and clarified that the Village does meet the requirements. She questioned what
happens in the future if the Club and Yacht Club property are developed. Mr. Miller clarified
that anyone wanting to develop those lands will need to mitigate it.
Ms. Pedinelli reported that the County has advised that no community uses the beach
towards open space/recreation inventory, so she doesn't think that the Village should.
Assistant Mayor Blachar clarified that the Village isn't counting the beach.
Carter McDowell, Bilzin Sumberg Baena Price & Axelrod LLP - Attorney for the Bal
Harbour Club, reported that in 1988, when the Plan was adopted, the inventory included
the beach area, so there was no issue with the Club. He explained that the beach is the
most used recreational facility, which the Village has also improved. Mr. McDowell reported
that there isn't a County regulation stating that the beach cannot be counted. He urged the
Village to count the beach, because it has invested a lot in recreational areas (walking
path, landscaping, etc.). He suggested that Mr. Miller look at the beach and where the $1.5
million was spent. Mr. McDowell reported that he worked on the concurrency plan for the
Village and clarified that it was never the intention to not count the beach. He spoke
against the Village telling a private owner that their land is being used to meet the open
space number and is responsible for it. He suggested that the issue be looked at in a
going -forward process. He thinks that it's inappropriate to suggest that the Club has to help
to meet the requirements. He discussed requirements for affordable housing and
questioned how the Village meets the affordable housing goals. He noted that the Village
looks to the surrounding communities to meet those housing requirements as part of a
larger Metropolitan area. He suggested that idea also be used for the open space
requirement. Mr. McDowell discussed counting the beach, Haulover Park, the bay, etc.
Assistant Mayor Blachar questioned if Miami Beach counts the boardwalk on their beach.
Mr. McDowell reported that they do. Assistant Mayor Blachar wants to submit the Plan
properly. Mr. McDowell clarified that if the Village tells the State that the walkway is going
to be counted then the issue would be done. He clarified that the County is saying
arbitrarily what to count and what not to count. Assistant Mayor Blachar questioned if
Surfside counts the walkway on the beach. Mr. Miller doesn't know. He reported that the
Bal Harbour Village Council Workshop Meeting Minutes 11/05/2009 3
357
3 5 8 communities in Broward count the beach at 50%. Mayor Rosenfield clarified that although
the County does it a certain way, they do not require the communities to follow that. Mr.
Miller agreed.
Marjorie Schell, 9801 Collins Avenue, discussed the umbrellas, lounges, and people
using the beach for recreation, as well as the numerous improvements the Village has
made to the beach.
Dina Cellini, 211 Bal Cross Drive, questioned if the Village adopted just the Original
Order or that plus the amendments. She questioned if Mr. Miller looked at the latest version
of 4-85 and all of the exceptions, etc. She discussed the items that can't be counted. She
doesn't think that Mr. Miller has extracted the square feet out of the bulk of acreage that the
Club properties are getting credit for. She urged the Council to look at the Administrative
Code. She discussed the children living on the west side of Collins Avenue that have no
place to go. She noted that there is an increasing younger population that want to play
football, etc. that should be considered. She doesn't think that the beach is a utopia for
everyone.
Assistant Mayor Blachar questioned if Ms. Cellini has a solution. Ms. Cellini doesn't think
it's her job to have a solution. Mr. Miller clarified that it's a policy decision.
Ms. Trevarthen discussed the purpose of the meeting. She summarized that the EAR has
been described by Mr. Miller, Mr. Miller has flagged the issues for discussion and once the.
EAR is found sufficient and they move on to the EAR amendments the issues will be
revisited and discussed, etc. She clarified that more public hearings will be scheduled
during the process. She clarified that the EAR is an evaluation tool, then once the State
has approved it, then the Village will confront the details and provided specific answers.
She reported that the Council is obtaining comments from the public.
-Ms. Cellini thinks the items recommended for change should be discussed now before
submitting the document to Tallahassee. She clarified that Mr. Miller has suggested that
the Council count the beach and she would like to know where the Council stands on the
issue. She expressed objection to counting the beach.
Ms. Cellini requested that the notation regarding the temporary beach access be clearer so
that the State knows that it's not open to the public and that it is provided at a cost.
Assistant Mayor Blachar agreed.
It was the consensus of the Council that the lanrua a rekardinr the temporary beach access be
clarified.
Brian Mulheren, 10245 Collins Avenue, discussed taking care of the families in the
community, providing new Village facilities, and looking at the possibility of creating
recreation at Haulover, to help all of the neighbors. He spoke against changing anything
that the Council voted on in the past and spoke in favor of keeping what the Village has.
Doug Rudolph, 212 Bal Bay Drive, discussed the history of the Village. He clarified the
addition of a park, developed walking path, etc. He thinks that the beach is a form of a
recreational space and is used more than anything the Village has. He also discussed
access to recreational facilities in neighboring communities. Mr. Rudolph pointed out that if
the Village needs more things in the future, then things can be mitigated. He spoke in favor
of people using their own property for what they want. He spoke in favor of seeing the
Bal Harbour Village Council Workshop Meeting Minutes 11/05/2009 4
progress in the Village and focusing on where the Village wants to go.
Mayor Rosenfield reported that Miami -Dade County Commissioner Sally Heyman was very
instrumental in providing the new facilities and the boating docks at Haulover. She thinks
that Commissioner Heyman is very interested in creating recreational spaces. Mayor
Rosenfield thinks that there are things that the Village can do, but that needs to be looked
into.
Neil Alter, 9801 Collins Avenue, discussed the report and questioned if the needs
assessment study has been completed. Mayor Rosenfield advised that it hasn't. Mr. Miller
explained that once the EAR is done, then the needs assessment will be done. He
explained that he will receive the census, conduct a survey, and then use those items for a
needs assessment. Mayor Rosenfield added that the financial picture will also be
considered.
4. ADJOURN: There being no further business, the meeting was adjourned by
consensus of the Council at 8:27 p.m.
Attest:
Ellisa L. Horvath, CM Ilage Clerk
359
Ba1 Harbour Village Council Workshop Meeting Minutes 11/05/2009