HomeMy Public PortalAbout2009-12-15 Regular Meeting367
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - DECEMBER 15, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 15,
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 7:23
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
General Employees Retirement Board meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: Mr.
Treppeda requested that Tab C be amended to remove the $10,000 donation to the PAL,
since it was previously approved. He also reported that the Officer of the Month for
November 2009 will be presented next month.
4. SPECIAL PRESENTATIONS:
Officer of the Month - November 2009: This item was postponed until
the January meeting.
Metro Dade K9: Chief Hunker introduced Officer Fruchey and his canine
Remy. Officer Fruchey reported that the Village's donation was used for the K-9 monument
at Tropical Park and for training equipment.
Tony and Maria Guzman, Metro Dade K9, thanked the Council for the Village's donation
and discussed the benefits to the K-9 officers. Mrs. Guzman presented plaques to Mayor
Rosenfield, Chief Hunker and Officer Fruchey, in recognition of the Village's donation and
support.
5. CONSENT AGENDA:
Dina Cellini, 211 Bal Cross Drive, requested the removal of Tabs I and K.
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Neil Alter, 9801 Collins Avenue, requested the removal of Tabs F and G.
Mr. Treppeda requested approval for the remaining items on the Consent Agenda.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the items on the Consent Agenda, excluding Tabs F, G, I, and K The motion carried (5.91
-
Tab F — Motion Approving Resort Tax Committee
Recommendations: Neil Alter, 9801 Collins Avenue, questioned the Committee
recommendations and amounts. Mr. Weiss reported the total amount to be $22,972.01.
Mayor Rosenfield explained that the majority of the amount is for the Kid's Club.
Councilwoman Cohen requested additional information on the program.
Carolyn Travis, Director of Tourism Marketing, explained the program as an initiative for
tourists and residents. She reported that the amount is for various items for the program
through April, but explained that the intention is for the program to be completely
subsidized. She reported that the program will be advertised in the Village newsletter and
flyers will be sent to residents.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
Tab F. The motion carried (5-0).
Tab G — Motion Approving Performance Bonuses for General
Employees: Neil Alter, 9801 Collins Avenue, questioned the correlation to percentage.
Mr. Treppeda explained that the employee bonus is based on an evaluation done by
supervisors, with General Employees eligible to receive up to a 4% bonus and Department
Heads eligible to receive up to a 5% bonus. He explained that the bonus program was
implemented when the merit steps were deleted. Mr. Alter requested the total amount for
the bonuses. Mr. Treppeda reported it to be $85,052.38.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve Tab G. The motion carried (5-0).
Tab I — Motion Approving Purchase of Bollard Lights for Beach
Jogging Path: Dina Cellini, 211 Bal Cross Drive, questioned efforts to recoup money
from the Contractors that damage the lights. Assistant Mayor Blachar expressed her
concern regarding that also and reported that Mr. Treppeda advised that every effort is
made to catch the people responsible for the damage for payment. She reported that the
cost to replace some of the lights has been reimbursed from the people who damaged
them.
Dan Nieda, Building Official, reported that the St. Regis contractors will be paying for the
lights that they damaged (three-four).
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve Tab I.
The motion carried (5-0).
Tab K — Motion Approving Renewal of Employment Contract with
Chief Thomas Hunker: Dina Cellini, 211 Bal Cross Drive, spoke against a multi -year
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contract being placed on the Consent Agenda. She discussed the employees receiving
cost of living and longevity increases and discussed the need to tighten belts when the
times are tough. She thinks that the salary, in addition to a performance bonus, is larger
than it should be. She questioned the Chiefs expense account, which she thinks is large.
Ms. Cellini questioned if the contract has a 6% signing bonus that was on the last contract.
Mr. Treppeda reported that it does not. Ms. Cellini suggested that the Council carefully
review the salary, bonus, and perks, which add up to a large sum. Mr. Treppeda reported
that the employees did not receive a cost of living increase this year.
Doug Rudolph, 212 Bal Bay Drive, discussed Chief Hunker's merits, experience, and
how lucky the Village is to have him. He discussed the amount of money that the Chief
generates for the community and what he gives back to the community. Mr. Rudolph
thanked the Chief for the great job that he does and his wonderful staff. He spoke in favor
of the Council approving the contract.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab
R. The motion carried (5-0).
Chief Hunker thanked the Council and expressed his pride in being the Village's Chief.
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, FLORIDA, AMENDING
ARTICLE III "ARCHITECTURAL REVIEW BOARD" OF CHAPTER 5.5
"APPEARANCE CODE" OF THE BAL HARBOUR VILLAGE CODE OF
ORDINANCES TO AMEND THE PROCEDURE FOR ARCHITECTURAL REVIEW
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 by Assistant 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: Mayor Rosenfield ave; Assistant
Mayor Blachar aye; Councilwoman Cohen aye; Councilman Packer aye; Councilman Sanz ave;
thus becoming Ordinance No. 2009-540.
Resolutions/Public Hearings:
The following resolution was read by title by the Village Clerk:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING
NON -AD VALOREM ASSESSMENTS LEVIED WITHIN THE RESIDENTIAL
Bal Harbour Village Regular Council Meeting Minutes 12/15/2009
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569
37(
SECTION OF THE VILLAGE (THE `SECURITY AREA") FOR THE COST OF
MAINTAINING A SECURITY PROGRAM WITHIN THE SECURITY AREA;
STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS
RESOLUTION TO REQUIRED OFFICERS AND DEPARTMENTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the item for public discussion.
Dina Cellini, 211 Bal Cross Drive, expressed concern that the resolution will enable
someone to challenge the gate. Mr. Weiss did not want to give an opinion on property
rights and suggested that the Homeowners Association seek their own counsel to do so.
Ms. Cellini suggested postponing the vote on the resolution to allow the Civic Association
to look into it, because she doesn't want to be exposed to a challenge. Mr. Weiss explained
that this would be for the fiscal year beginning Oct 1, 2010 and thinks that the Association
has plenty of time. He clarified that the resolution could be rescinded at any time. Ms.
Cellini questioned the procedure. Mr. Weiss explained that it's part of the budget
procedure. Chris Wallace, Finance Director, explained that the resolution doesn't commit
the Village to use the process, but allows the Village to choose to do so next summer. He
clarified that this only addresses how the assessment is billed and collected and is
common for many municipalities. Mr. Weiss doesn't think there is a down side to the
Village adopting the resolution. He clarified that it gives the Village the ability to do so at
budget time. He explained that the Civic Association will have time before the budget
process to seek counsel. Mr. Wallace explained that the statutes require that the resolution
be adopted by the end of the fiscal year for the property appraiser and tax collector to be
compelled to use it. He clarified that it preserves the option for the Village. Mr. Wallace
explained that instead of the Village levying an assessment (sending, collecting, deposit,
etc.) it would go to the. property appraiser and tax collector and is just a mechanism to bill
and collect. He reported that it's an expensive process for the Village to bill and collect.
Ms. Cellini thinks that it's more complicated than that and questioned why the resolution
says that the Village intends to use the process. She requested that Assistant Mayor
Blachar bring the resolution to the attention of the residents within her district.
Doug Rudolph, 212 Bal Bay Drive, suggested that the Council be cautious in passing the
resolution and spoke in favor of the Village continuing to collect the assessment instead of
the County. He suggested that the Village Attorney review the resolution again.
Neil Alter, 9801 Collins Avenue, questioned the cost of maintaining a security program.
Mr. Treppeda estimated it to be $230,000. Councilman Packer questioned if the Resolution
needs to be passed at the current meeting. Mr. Weiss explained the timing involved t o
obligate the property appraiser to use the method next year. He clarified that if the Council
doesn't pass the resolution now, then there is a chance that it won't go into place for next
year. Councilman Packer clarified that before it would go into affect it would come back
before the Council for approval. Mr. Weiss reported that it would. Councilman Packer
suggested that in the meantime the Civic Association can get counsel and speak before
the Council.
There being no additional comments, Mayor Rosenfield closed the public discussion.
A motion was offered bv Assistant Mayor Blachar and seconded bv Councilman Packer to
approve the Resolution. The motion carried (5-0). (Note: this item was discussed amain under
Other Business).
Bal Harbour Village Regular Council Meeting Minutes 12/15/2009 4
The following resolution was read by title by the Village Clerk:
371.
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING
NON -AD VALOREM ASSESSMENTS LEVIED WITHIN THE INCORPORATED
AREA OF '1HJ VILLAGE FOR THE COST OF PROVIDING RECYCLING
SERVICES AND SOLID WASTE SERVICES; STATING A NEED. FOR SUCH
LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION TO REQUIRED
OFFICERS AND DEPARTMENTS; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
Mr. Weiss explained the resolution. Councilman Packer spoke in favor of passing the
resolution.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the Resolution. The motion carried (5-0); thus becoming Resolution No. 2009-718.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
8. RESOLUTIONS:
The following resolution was read by title by the Village Clerk:
A RESOLUTION OF THE BAL HARBOUR VILLAGE COUNCIL, INDICATING
THE OFFICIAL INTENT OF THE VILLAGE TO ISSUE TAX-EXEMPT BONDS TO
FINANCE THE COST OF INFRASTRUCTURE IMPROVEMENTS OR FOR
OTHER VILLAGE PURPOSES AND TO USE A PORTION OF THE PROCEEDS OF
SUCH BONDS TO REIMBURSE EXPENDITURES PAID OR INCURRED PRIOR
TO THE DATE OF ISSUANCE THEREOF.
Mr. Weiss explained that once the resolution is passed, any expenses incurred would be
able to be paid for with bond proceeds, instead of general fund money.
Mayor Rosenfield opened the item for public discussion.
Neil Alter, 9801 Collins Avenue, questioned if the resolution is open-ended and if it is for
specific projects, etc. Mr. Treppeda explained that there are a number of water/sewer
projects that funding may be needed for. Mr. Weiss reported that the Resolution provides
for a maximum amount of $9.5 million.
Dina Cellini, 211 Bal Cross Drive, doesn't recall the Village borrowing money and
questioned the bid process, etc.
Chris Wallace, Finance Director, explained that there is alot of infrastructure that is 60
years old and is failing (water, sewer, stormwater). He reported that a competitive process
would be used and a recommendation would be made to the Council to select a lender. He
discussed borrowing to be the cheapest way to pay for the projects and explained that the
resolution preserves the Village the option.
Bal Harbour Village Regular Council Meeting Minutes 12/15/2009 5
372
There being no additional comments, Mayor Rosenfield closed the public discussion.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the Resolution. The motion carried (5--0); thus becoming Resolution No. 2009-719.
The following resolution was read by title by the Village Clerk:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA; URGING ALL MEMBERS OF THE FLORIDA LEGISLATURE TO
SUPPORT LEGISLATION BANNING TEXTING WHILE DRIVING AND
ALLOWING THE USE OF ONLY HANDS -FREE CELLULAR TELEPHONES BY
DRIVERS; DIRECTING THE VILLAGE MANAGER TO TRANSMIT A
CERTIFIED COPY OF THIS RESOLUTION TO THE MIAMI-DADE LEAGUE OF
CITIES, THE FLORIDA LEAGUE OF CITIES, THE MIAMI-DADE LEGISLATIVE
DELEGATION AND THE GOVERNOR OF THE STATE OF FLORIDA; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the item for public discussion. There being no additional
comments, Mayor Rosenfield closed the public discussion.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
Resolution. The motion carried (5-0); thus becoming Resolution No. 2009-720.
9. REPORTS:
A. VILLAGE MANAGER:
Coastal Systems International Presentation on Sand Transfer
Station Study: John Studt and Tim Blankenship reviewed a Powerpoint presentation.
Mr. Studt recommended using contract dredging to see if its effective, consider owning a
dredge in the future, and modifying the north jetty to catch more sand that is escaping.
Paul Pruess, 10101 Collins Avenue, questioned if the beach would be closed during
dredging. Mr. Studt reported that only the area being affected would be closed.
Mayor Rosenfield discussed the aesthetics. Councilman Packer questioned costs and
funding. Mr. Studt explained that they would look to the County and DEP for funding
opportunities. Mr. Blankenship estimated a dredge to cost approximately $1 million per
year. Councilman Packer spoke in favor of a permanent solution. Mr. Studt discussed
additional costs for the operation of a sand transfer plant. Councilman Packer discussed
sharing the cost. Mr. Treppeda reported that there is $1.2 million in Resort Tax funds for
beach renourishment.
Paul Pruess, 10101 Collins Avenue, agreed in looking at a long-term solution. He
recommended that the Council create a task force to look at the alternatives to present to
the County to get them as a partner.
Brian Flynn, DERM, discussed State legislature ,putting more emphasis on inlet
management (75% cost share). He reported that the State has removed the public access
and parking requirements as well. He suggested periodic dredging using a contract dredge
Bal Harbour Village Regular Council Meeting Minutes 12/15/2009 6
and lengthening the Haulover jetty to catch more sand to work with. He suggesting having
a pilot project to see the feasibility. He reported that the jetty is a Army Corps of Engineers
easement.
Mr. Pruess questioned if the current permits would cover that. Mr. Flynn reported that they
may be able to modify the permits, but noted that the State would probably require a new
permit since it's a different process than trucking.
Mr. Studt will inform the County that the Village wants to work with them and provide a
proposal to the Council for the next step.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to table the
discussion until the January Council meeting. The motion carried (5-0).
Discussion of Tourism Logo: Carolyn Travis, Director of Tourism
Marketing, explained how the logo was developed. Mayor Rosenfield reported that the
logo was unanimously approved by the Resort Tax Committee.
Daniel Nieda, Building Official, suggested that the logo be studied further to see if it's
appropriate for Village business, other than tourism.
Doug Rudolph, 212 Bal Bay Drive, thinks there is some concern about using the logo for
Village business and noted that there was not a great reaction from the residents. He
suggested that the Council really consider it before proceeding with it, due to cost, etc.
Dina Cellini, 211 Bal Cross Drive, displayed the Bal Harbour Shops logo and thinks that
its inappropriate for the Village to have the same logo as the Shops. Ms. Travis reported
that the logo for the Shops is black/white with a man/hat logo. She explained that the only
time the green logo is used for the Shops is in their stationary.
Assistant Mayor Blachar is impressed with Ms. Travis' credentials and thinks that the logo
is beautiful and elegant. She discussed the increase in tourism revenue. Ms. Travis
discussed building brand equity and the need for the Village to take advantage of it.
Councilman Sanz questioned why Bal Harbour Village wasn't used instead of Bal Harbour.
Ms. Travis reported that in focus groups a Village had a connotation of 30 minutes outside
of Tuscany. Mayor Rosenfield explained that the Village is not compelled to use the logo
for both tourism and official Village business. She suggested that Ms. Travis work with
focus groups and adapt the logo to make the residents happier. Councilman Packer
suggested that the Village stick with the current seal, for official city business and
stationary. Ms. Travis questioned a logo for signs in the Village and discussed the
importance of consistency. Councilwoman Cohen agreed.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to table the
portion to accept it as the official Village logo for further discussion. The motion carried (5-0).
Discussion of Bat Harbour Express Bus: Mr. Treppeda
recommended keeping the current bus and re-evaluating it in May 2010. Councilwoman
Cohen questioned ifthe tourism bus can also be used as a shuttle bus for the Village.
Mayor Rosenfield doesn't think so because it has a different schedule. Ms. Travis
explained the tourism shuttle.
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374.
Mayor Rosenfield reported that the Village should be receiving $250,000 for new bus
shelters from the government. Councilman Packer is working on researching new bus
shelters designs, etc.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of December 15, 2009: A list of
Lobbyists registered with the Village was provided in the agenda.
Selection of Regular Council Meeting Times for Calendar Year
2010: Mayor Rosenfieldrequested discussion on meeting times for 2010. She pointed out
that the amount of people in attendance has not increased for night time meetings versus
day time meetings.
Councilman Packer proposed continuing the Council Meetings at 7:00 pm for 2010..
Assistant Mayor Blachar agreed that it's a good time, because most people work and there
is a better chance of the public attending at night.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
schedule the Council Meetings at 7:00 p.m. for the year 2010.
Councilman Sanz is okay with either day or evening meetings. Mayor Rosenfield reported
that a Village resident had voiced to her that day meetings were better.
The motion carried (5-0).
Neil Alter, 9801 Collins Avenue, spoke in favor of holding the Council meetings at night
and also televising them.
C. VILLAGE ATTORNEY: No items.
D. MAYOR AND COUNCIL:
Consideration of Annual Performance Bonuses for Village
Manager and Village Clerk:
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried (5-0).
10. OTHER BUSINESS:
Public Comment:
Doug Rudolph - 212 Bal Bay Drive, discussed the resolution changing the way the
Security District is assessed. He expressed concern for the residents in the Security District
and discussed the recent challenge to that District. He requested that the Council
reconsider the resolution.
Mr. Weiss doesn't think that it's appropriate for the Village to have the responsibility of
Ba1 Harbour Village Regular Council Meeting Minutes 12/15/2009 8
protecting the private property rights of the people living in the Security District. He
understands Mr. Rudolph's concern, but doesn't think that its the Village's place to advise
private citizens on that.
Mayor Rosenfield understands Mr. Rudolph's comments, but questioned how the Village
has undertaken collecting for the District, etc. Mr. Weiss clarified that Mr. Rudolph is
conveying the thought that there may be an adverse affect to the residents in that District,
by doing anything at all. Mr. Rudolph noted that the Association is paying the Village to
administer the program and clarified that the Village is not paying for anything.
Assistant Mayor Blachar clarified that this just provides the Village with an option. Mr.
Rudolph explained that the Council doesn't know that doing so will not affect anything. He
discussed the recent litigation on the challenge to the District. He spoke against passing
the resolution, without further knowledge on how it will affect the residents.
Councilman Sanz expressed concern with what the Village went through before. Assistant
Mayor Blachar discussed the need to resolve the issue. Mr. Rudolph invited Assistant
Mayor Blachar to go through the issues with him to try to find an answer.
Mr. Weiss thinks that this just affects the assessment collection method, but clarified that
Mr. Rudolph is saying that by changing anything at all there is some risk to challenge the
District.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
reconsider Tab R.
Mr. Rudolph doesn't think that it should be done, until the Council knows whether or not it
will injure the Security District residents.
Councilman Packer requested Mr. Wallace's opinion.
Chris Wallace, Finance Director, reported that he is fine with the collection either by the
Village or County. He understands Mr. Rudolph's concern and explained that the Village
can continue to bill and step up collection. He discussed the lien process. Mayor
Rosenfield discussed the condos collecting their own assessments. Mr. Rudolph discussed
the Association's inability to do so, due to the way it was set up. Councilman Sanz
questioned why this is being done now, if the Village has been collecting it for years. Mr.
Wallace explained that its a common practice for municipalities. Mr. Weiss clarified that it's
a better way for collecting, absent the other issue. Mr. Rudolph clarified that the Village
isn't being harmed with the way it is done now, but that the Security District residents might
be. Assistant Mayor Blachar thinks that the Village should leave the collection as it
currently is.
The motion carried (5-0).
Mr. Weiss reported that the original resolution is on the table, as if it was never discussed. The
original resolution was not passed, due to the lack of a motion.
Dina Cellini, 211 Bal Cross Drive, requested that the Council consider appointing a
budget committee.
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Ms. Cellini discussed the need for flags, signs, etc. to avoid potential liability on the beach.
Bal Harbour Village Regular Council Meeting Minutes 12/15/2009 9
376 Mr. Treppeda reported that he is looking into those issues.
Mayor Rosenfield will research what other municipalities are doing regarding budget
committees.
Councilman Packer agreed with the suggestion for a budget committee and thinks that the
Council should appoint a series of committees to involve the residents on different
subjects. Councilman Sanz agreed that more residents should be involved. Mayor
Rosenfield will speak to Mr. Treppeda and Mr. Weiss about those items.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Councilman Sanz to adjourn. The motion carried (5-0) and
the meeting adjourned at 10:03p.m.
Attest:
Ellisa L. Horvath, Grillage Clerk
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