HomeMy Public PortalAbout2009-11-17 Regular Meeting360
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - NOVEMBER 17, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November 17,
2009, at the Bal Harbour Village Hall Council Chambers (655 — 96t' Street, Bal Harbour,
Florida).
'I CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:17
p.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
Local Planning Agency meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: This item
was discussed after Special Presentations.
4. SPECIAL PRESENTATIONS:
Terry Nelson, retired FBI Agent and Liaison for the Young Men's Academy for
Academic and Civic Development at MacArthur Senior High South, presented the
Council and Chief Hunker .with a token of appreciation for the Village's donation to the
Young Men's Academy. Councilwoman Cohen discussed her trip to MacArthur with Chief
Hunker.
Officer of the Month for October 2009: Chief Tom Hunker presented Lt.
Merrill with the Officer of the Month plaque, for October 2009.
Chief Hunker discussed the installation of lifesaving rings on the beach, due to efforts by
Councilman Packer and Lt. Merrill.
Raj Singh, Sea View Hotel Manager, reported that Christian Gonzalez, Sea View Pool
Attendant, used two of the Village's life rings on the beach to save Mr. Kambam and Mr.
Fosberg, who was also trying to assist Mr. Kambam. He presented Mr. Gonzalez with a
token of appreciation. Mr. Gonzalez spoke. Mr. Kambam spoke. Mr. Singh spoke.
Mark Valeski, Sea View Hotel Cabana Manager, spoke on the efforts of Mr. Gonzalez,
with the help of the Village's life preservers. He spoke in favor of installing alarms to alert
the Police when someone uses a preserver.
Chief Hunker thanked Councilman Packer for recommending the project and Lt. Merrill for
installing them. He reported that the Police are working on installing an alarm system for
the life rings.
Councilman Packer discussed the quick process of the installation of the life preserves. He
thanked Mr. Treppeda and Lt. Merrill for their quick response to his request.
Beach Update: Mr. Flynn reported that the beach renourishment projectwas
completed in October. He noted that since the last three to four weeks has been rough,
survey crews will be reviewing the beach. He explained that some other areas of Bal
Harbour are eroding and reported that there is a permit modification in to cover those
areas. Mr. Flynn reported that the Army Corps of Engineers is working on a dredging
project to start in the next six plus months. He explained that, inmid-2011, they are looking
at a full renourish•ment project for Bal Harbour, to restore the full width of the beach. He
reported that the Army Corps has moved forward with being able to use non -domestic sand
sources, which may help solve the long term solution.
Paul Pruess, 10101 Collins Avenue, questioned a permanent project for renourishment.
Mr. Treppeda reported that a study from Coastal Systems regarding a sand transfer station
will be presented at the next Council meeting. Mr. Flynn reported that the State Legislature
has proposed new laws putting emphasis on sand bypassing, which would provide a cost
share of State 75% and Local 25%.
Dan Holder, 24 Bal Bay Drive, questioned filling in the sea oats. Mr. Treppeda reported
that the area behind the St. Regis project will be filled in.
Marjorie Schell, 9801 Collins Avenue, questioned the installation of fences to prevent
trampling through the dunes and suggested installing signs in two languages (English and
Spanish) to keep people off the dunes. Mr. Treppeda will meet with Ms. Schell regarding
the fences and signs. Assistant Mayor Blachar questioned Ms. Schell on her opposition to
a large opening behind the St. Regis, which may prevent people from walking on the sea
oats. Ms. Schell explained that the sea oats provide protection from the ocean, since the
St. Regis buildings are at ground level.
Mr. Holder explained that the purpose of the planting is to protect the beach and buildings.
He clarified that narrow openings limit the amount of water that can go through. He
discussed Surfside raising the dunes for better protection.
Brian Mulheren, 10245 Collins Avenue, reported that in the past the dunes have saved
the Harbour House and Carlton Terrace. He discussed the importance of the sea oats.
Assistant Mayor Blachar thanked the residents for their explanations.
AGENDA: REQUEST FOR DELETIONS/ADDITIONS: None.
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5. CONSENT AGENDA: Mr. Treppeda requested the removal of Tab C.
Assistant Mayor Blachar requested the removal of Tab K.
Mr. Treppeda requested approval for the remaining items on the Consent Agenda.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the items on the Consent Agenda, excluding Tabs C and If. The motion carried (5-0).
Tab C — Motion Approving Expenditure of Police Budgeted Funds:
The item was for approval of a 36-Month Lease, at $620.00 monthly, for Captain Klingman.
Mr. Treppeda requested that the amount be amended to $550 per month, with the mileage
at 54,000, for three years.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab
C as amended. The motion carried (5-0).
Tab K — Motion Approving Funds for Additional Four Foot Segment
for Christmas Tree and Founder's Circle: The item was for approval of $5,132.00,
plus shipping, for an additional four foot segment and additional lights to bring the
Christmas Tree up to 30 feet, to be charged to the Beautification & Maintenance Fund.
Assistant Mayor Blachar requested clarification on the need to increase the tree. Mr.
Treppeda reported that the discussion last year was to increase the tree by one segment,
for a total height of 30 feet. Councilwoman Cohen questioned if it is necessary for.
structure, etc. Mr. Treppeda reported that it is not. Councilwoman Cohen questioned if the
Village is responsible for the Christmas tree. Mr. Treppeda reported that it is. He clarified
that a menorah is placed by the Shul at Founder's Circle. Mayor Rosenfield reported that
the Christmas tree is the only item that. the Village has paid for at Founder's Circle.
Assistant Mayor Blachar knows that it has been there for many years.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab
K
Councilwoman Cohen requested public input on the item. Assistant Mayor Blachar also
requested public input on the item, due to the cost involved.
Dina Cellini, 211 Bai Cross Drive, who assisted Mr. Treppeda with finding a replacement
tree last year, explained that the Village's plans were to authorize an additional expenditure
to expand the tree, to be more in line with the height of the prior tree. Mr. Treppeda
discussed the hazards of the prior tree, which is why it was replaced. He reported that the
cost of the new tree was $12,881.00. Ms. Cellini explained that the Village doesn't need to
do anything, but clarified that the expectation was to get a tree that met the height of the
prior tree. Councilman Sanz discussed the number of years the original tree was there and
spoke in favor of a taller tree. Mayor Rosenfield reported that the new tree will last another
six to ten years. Councilman Packer agreed. Assistant Mayor Blachar thanked Ms. Cellini
for the explanation. She thinks that if the anticipation was for the tree to be taller, then she
agreed that it should be.
The motion carried (5-0).
Ba1 Harbour Village Regular Council Meeting Minutes 11/17/2009
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 BAL HARBOUR VILLAGE, AMENDING THE BAL
HARBOUR VILLAGE CODE OF ORDINANCES BY REPEALING CHAPTER 8.5
"FLOOD DAMAGE PREVENTION" AND BY ENACTING CHAPTER 8.5 "FLOOD
DAMAGE PREVENTION" IN ORDER TO COMPLY WITH THE REQUIREMENTS
OF THE STATE OF FLORIDA AND THE NATIONAL FLOOD INSURANCE
PROGRAM; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered bv Assistant Mavor Blachar and seconded by Councilman Sanz to approve
the Ordinance.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
The motion carried (5-0), with the role call vote as follows: Mavor Rosenfield aye; Assistant
Mayor Blachar aye; Councilwoman Cohen ave; Councilman Packer aye; Councilman Sanz ave;
thus becoming Ordinance No. 2009-538.
The following ordinance was read by title by the Village Clerk:
AN ORDINANCE OF BAL HARBOUR VILLAGE AMENDING THE FISCAL YEAR
2010 BUDGET BY REALLOCATING PREVIOUSLY APPROPRIATED FUNDS
AND APPROPRIATING LAPSED FUNDING FROM THE FISCAL YEAR 2009
BUDGET; AUTHORIZING EXPENDITURES; PROVIDING FOR
IMPLEMENTATION;AND ESTABLISHING AN EFFECTIVE DATE.
A motion was offered by Councilman Packer and seconded by Assistant Mavor Blachar to
approve the Ordinance
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
The motion carried (5-0), with the role call vote as follows: Mayor Rosenfield aye; Assistant
Mavor Blachar ave; Councilwoman Cohen aye; Councilman Packer ave; Councilman Sanz aye;
thus becoming Ordinance No. 2009-539.
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
ARTICLE HI "ARCHITECTURAL REVIEW BOARD" OF CHAPTER 5.5
"APPEARANCE CODE" OF THE BAL HARBOUR VILLAGE CODE OF
ORDINANCES TO AMEND THE PROCEDURE FOR ARCHITECTURAL REVIEW
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BOARD ISSUANCE OF CERTIFICATES OF APPROPRIATENESS; PROVIDING.
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR
INCLUSION IN THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered bvAssistant Mayor Blachar and seconded by Councilman Sanz to approve
the Ordinance.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
The motion carried (5-0), with the role call vote as follows: Manor Rosenfield aye; Assistant
Mayor Blachar aye; Councilwoman Cohen aye; Councilman Packer aye; Councilman Sanz aye.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Request for Motion Approving Transmittal of the Bal Harbour
Village DRAFT Evaluation and Appraisal Report to the State for Preliminary
Review: A motion was offered by Assistant Manor Blachar and seconded by Councilman Sanz
to approve.
Mr. Weiss requested that the comments provided at the November 17, 2009 Local
Planning Agency Meeting be incorporated into the Council minutes. Accordingly, each and
every of said comments were incorporated by reference into the record as if set forth in full
therein, without the necessity of repetition by interested persons.
Mayor Rosenfield opened the item for public discussion. There being no additional
comments, Mayor Rosenfield closed the public discussion.
The motion carried (5-0), with the role call vote as follows: Manor Rosenfield aye; Assistant
Mayor Blachar aye; Councilwoman Cohen aye; Councilman Packer aye; Councilman Sanz ave.
Consideration of Adopting Logo Used for Promotion of Bal
Harbour as Official Village Logo: Mr. Treppeda distributed samples of the proposed
logo. Councilwoman Cohen requested that the logo be applied to the entrance signs, etc. if
adopted by the Village, in order to be consistent. Mayor Rosenfield reported that it was the
Resort Tax Committee's intent for it to be the official logo for the Village. Dr. Krop agreed.
Dan Holder, 24 Bal Bay Drive, spoke against the logo, due to the lack of symbols, not
seeming like a logo and being too simple.
Paul Pruess, 10101 Collins Avenue, spoke against the logo, due to the lack of flair and
not representing what the Village is.
Brian Mulheren, 10245 Collins Avenue, spoke in favor of the existing logo. He spoke
against the proposed logo and thinks that it should say Florida. He also discussed the cost
involved in changing logos.
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Mayor Rosenfield requested that the item be discussed at the next meeting, for Carolyn
Travis, Director of Tourism Marketing, to explain the logo.
The item was discussed again under Other Business.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of November 17, 2009: A list
of Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY:
97 Camden Drive: Mr. Weiss discussed and recommended
accepting an offer of $100,000 ($$29,000 less than what is owed) for the Village's liens on
97 Camden Drive, for a closing on December 3, 2009.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
authorize the Village Attorney to resolve the Village's liens on 97 Camden Drive for $100,000.00.
Councilman Packer clarified that $129,000 in liens is owed and the Village will lose
$29,000. Mr. Weiss explained the process and the possibility of the Village's liens getting
wiped out. He will try to get more, but requested approval of a bottom line of $100,000.
The motion carried (5-0).
Consideration of Adopting Logo Used for Promotion of Bal Harbour
as Official Village Logo: Mayor Rosenfield displayed ads from various magazines
showing the new logo.
A motion was offered by AssistantMavorBlachar and seconded by Councilman Sanz to defer this
item until the next Council meeting. The motion carried (5-0).
D. MAYOR AND COUNCIL:
Assistant Mayor Blachar, Village Representative on the Miami -Dade County League of
Cities Board, discussed participation in the annual Thanksgiving turkey drive. She
requested that those interested in a turkey and a bag of non -perishables contact Village
Hall to receive a coupon. She reported that the 20 coupons will be given to the Church by
the Sea if nobody is interested.
10. OTHER BUSINESS:
Public Comment:
Brian Mulheren, 10245 Collins Avenue, questioned the status of a new bus for the
residents. Mr. Treppeda explained that the Village decided not to accept the grant, so the
entire amount for a new bus is not budgeted. Mr. Mulheren discussed safety and
maintenance issues and spoke in favor of spending the money for a new bus. Mr.
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Treppeda reported that it is being looked into.
Dina Cellini, 211 Bal Cross Drive, discussed the anticipation of a deficit for the next fiscal
year and the possibility of charging residents for recycling/solid waste fees. She suggested
that the Council advise the attorneys to think about not being bound by an agreement with
the Police Benevolent Association for years, especially one that will bind the Village next
year. She requested that the Village be asked to save, before taxing the residents.
Doug Rudolph, 212 Bal Bay Drive, suggested that the Herald be contacted to write a
story regarding the lives that were saved in Bal Harbour. Chief Hunker reported that a story
will be published in Sundays paper. He discussed the hotels providing waming signs for rip
tides, if the Village doesn't. Councilman Packer reported that the hotels are already doing
that. He discussed his idea to install the lifesavers and thanked everyone involved in
getting them placed promptly.
Dan Holder, 24 Bal Bay Drive, suggested that the Village look into installing signs on the
beach for rip tides.
Mr. Mulheren suggested that the Village follow the flag codes that the County uses.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Sanz and seconded by Councilman Packer to adjourn. The motion carried (5-0) and
the meeting adjourned at 8:33 p.m.
Attest:
Ellisa L. Horvath, CM illage Clerk
Bal Harbour Village Regular Council Meeting Minutes 11/17/2009