HomeMy Public PortalAbout2010-07-27 Regular Meeting469
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JULY 27, 2010
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 27, 2010,
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 7:25
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Councilwoman Patricia Cohen
Councilman Martin Packer
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Daniel L. Abbott, 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
Council Workshop Meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: Mr.
Treppeda requested the addition for approval of up to $100,000 to replace or fix the
generator for Village Hall. It was the consensus of the Council to add the item requested.
4. SPECIAL PRESENTATIONS:
Officers of the Month for July 2010: Chief Hunker presented
Officer Ramon Fernandez, Officer Steven Goldberg, Officer Greg Matthews, and Sergeant
Leo Quinn with Officer of the Month plaques for July 2010.
5. CONSENT AGENDA:
Dina Cellini, 211 Bal Cross Drive, requested that Tab I be removed.
Neil Alter, 9801 Collins Avenue, requested that Tabs C, D, and E be removed:
Mr. Treppeda requested approval for the following remaining . items on the Consent
Agenda:
Tab B: May 20, 2010 Council Workshop Meeting Minutes
June 15, 2010 Regular Council Meeting Minutes
June 30, 2010 Special Council Meeting Minutes
470 Tab F: Agreement with Marcum Rachlin for preparation of Audited Financial
Statements for Fiscal Years 2010/2011/2012
Tab G: Contract renewal with New Community Strategies for Finance Director
services for three years (beginning July 23, 2010)
Tab H: Bid award for Force Main Lining Project from Pump Station 1 to Pump
Station 2 to Kailas Construction, the low bidder, at a cost of $276,000.00
Tab J: Mears Leasing agreement to replace Public Works Truck #278 (2010 GMC
Sierra 1500, 48-month lease, $475 monthly)
Tab K: Engineering fees of $233,200.00 for Craig A. Smith & Associates for the
Sewer Main Replacement Project (task 1 and tasks 4 through 9) from Pump
Station 2 to 74th Street on Collins Avenue
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the items on the Consent Agenda, except for Tabs C, D, E, and I. The motion carried (4-0).
Tab C — Motion Approving Expenditure of Resort Tax Funds: Neil Alter,
9801 Collins Avenue, questioned the amount and how it was applied.
Mayor Rosenfield explained that the Resort Tax Committee recommended approval of
$90,910.00 for the following items on July 15, 2010: International Luxury Travel Mart
(ILTM) Conference $29,410, Virtuoso Travel Mart $10,000, Argentina Sales Trip $14,000,
30-day Cancellation Notice of PR Contracts with Robyn Ross and Christine Procel, two.
tables for Project Newborn Charity Event $7,000, Blog for Bal Harbour Tourism Website
$5,500, and Upgrade to Handicapped Accessible bus up to $25,000.
Mr. Alter questioned if the Village now had representation in Mexico. Mayor Rosenfield
explained that the Committee had previously approved that. She also reported that three
Councilmembers were in attendance at the Committee meeting.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab
C. The motion carried (4-0).
Tab D — Motion Approving Expenditure of Police Forfeiture Funds: Neil
Alter, 9801 Collins Avenue, questioned the amount and how it was applied.
Mayor Rosenfield explained that approval was requested for $54,000 in Police Forfeiture
Funds for the following items: Donation to Ruth K. Broad Elementary School Drug
Education Program $6,000, Donation to F.I.U. Biscayne Bay Campus Cultural Series
$3,000, and Purchase of equipment for Vice, Intelligence, and Narcotics Squad $45,000.
Mr. Alter suggested that additional funds be approved for the Ruth K. Broad Elementary
School Drug Education Program.
Maria Rodriguez, Principal - Ruth K. Broad Bay Harbor K-8 Center, explained what the
money would be used for.
Chief Hunker explained that 15% of the forfeiture proceeds needed to go to education. He
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 2
spoke in favor of approving the items.
471
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
Tab D (the expenditure of $54,000 in Police Forfeiture Funds). The motion carried (4-0).
Jan Solomon, Development Officer— Office of the Vice Provost - FIU Biscayne Bay
Campus, thanked the Council and residents for the donation. She invited everyone to
attend the cultural events.
Tab E — Motion Approving Amendments to Agreement with American
Traffic Solutions (ATS): Neil Alter, 9801 Collins Avenue, requested an explanation of
the amendments.
Mr. Treppeda clarified that the agreement needed to be amended, to comply with the State
statute that was passed.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab
E. The motion carried (4-0).
Tab I — Motion Approving Security District Funds for Engineering Study
of the Wall along Park Drive: Approval was requested to expend $1,200 in Security
District funds for a structural engineering study to be performed of the damaged wall along
Park Drive, prior to receiving bids for repair and/or replacement.
Mr. Treppeda explained that the Civic Association would like to get an engineering study at
the request of the Building Official. He reported that Council approval was needed to
expend the funds. Councilman Sanz noted that the wall was in disrepair and questioned if
an engineering report was needed, since it would delay fixing the wall. Mr. Treppeda
explained that since it was a structural issue, an engineering study was required, prior to
issuing a permit for the work.
Dina Cellini, 211 Bal Cross Drive, voiced concern that District #5 was at a disadvantage
since Assistant Mayor Blachar was not in attendance and that as a unit owner at the Lanai
Condominium Assistant Mayor Blachar did not participate in the Council's discussion on
the issue. She felt that even though the Civic Association had authorized expenditure of
the money, it was premature to move forward, since the issue was being researched. She
voiced concern that the Council's authorization for the expenditure would force them to
approve the repair of the wall and the issue of who owned the wall, etc. was still
unresolved. Ms. Cellini clarified that the wall pre-existed the Security District and the
District did not pay for the wall. She thinks that the wall was built with funds by the Lanai
Condominium. She explained that the wall wasn't an issue before, because there wasn't a
guard gate. She suggested that both the Security District and the Lanai pay for the study
and repairing the wall,. but spoke against it being paid exclusively by the Security District.
Anamarie Kelly, 77 Camden Drive, discussed an excerpt from a recital signed by former
Village Manager Carole Morris. She questioned who had the deed to the parks (in the
Security District). She suggested that the Village find out the ownership of the property first
and then deal with it. She reported that the Civic Association did not own the parks. She
questioned who built the wall and who pulled the permit. Ms. Kelly spoke against spending
money for the attorney to research the issue.
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 3
472
Dan Nieda, Village Building Official, reported that portions of the wall were in disrepair.
He noted that the wall wouldn't collapse on its own, but a storm could cause some pieces
to fly and the wall was immanently dangerous.
Dan Holder, 24 Bal Bay Drive, reported that the other walls were also in disrepair. He
discussed options to remove the walls and put in recycled fencing (if it was to remain
private) or be left open. He didn't know if the money should be spent on the study.
Gabriela Webster, 30 Park Drive, discussed the general approval of the Civic
Association, the Lanai and the Building Official to prevent damage or harm to anyone in the
area. She spoke in favor of the Council supporting the Civic Association and Building
Official to proceed.
Dan Nieda, Village Building Official, noted that putting the legality of who owned the wall
aside, it was a small amount to determine if the walls could be repaired or not. He
explained that if the walls became too costly to repair, then other types of fencing could be
looked at.
Councilman Sanz was appalled at the condition of the wall and agreed that a storm could
cause the concrete in the wall to fly. He spoke in favor of finding out if the wall could be
fixed and then determining who should fix it. Councilman Packer agreed that it would only
be authorization for the structural engineering process. He questioned if by approving the
survey if the Village would be obligated to any further responsibility.
Mr. Abbott didn't think that the Village would incur any additional responsibility if the wall
was not owned by the Village. He clarified that approval would only be to undertake a study
to find out the status of the wall, which wouldn't incur the Village to any responsibility.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
The motion carried (4-0).
Added Item — Motion Approving Funds for Generator for Village Hall:
Approval was requested for up to $100,000 to either fix or replace the generator for Village
Hall.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried (4-0).
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings:
The following ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
BAL HARBOUR VILLAGE CODE OF ORDINANCES BY AMENDING CHAPTER
19 "TRAFFIC AND MOTOR VEHICLES" BY AMENDING ARTICLE III "TOWING
OF VEHICLES", BY AMENDING SECTION 19-30 "GENERALLY", BY
CREATING SECTION 19-34 "MAXIMUM IMMOBILIZATION, NONCONSENT
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 4
TOWING AND STORAGE RATES FOR PROVIDING IMMOBILIZATION OR
TOW SERVICES AT THE REQUEST OF PROPERTY OWNERS OR POLICE
AGENCIES", IN ORDER TO ESTABLISH TOWING RATES AND AN
ADMINISTRATIVE FEE FOR THE TOWING OF VEHICLES FROM THE
VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing.
Mr. Treppeda explained the ordinance.
There being no comments, Mayor Rosenfield closed the public hearing.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to approve the
Ordinance. The motion carried (4-0), with the roll call vote as follows: Mayor Rosenfield ves;
Assistant Mayor •Blachar absent; Councilwoman Cohen yes; Councilman Packer aye;
Councilman Sanz ves; thus becoming Ordinance No. 2010-542.
The following ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA AMENDING
ARTICLE H "LOCAL BUSINESS TAX" OF CHAPTER 9 `BUSINESS
REGULATIONS AND BUSINESS TAX" OF THE BAL HARBOUR VILLAGE CODE
OF ORDINANCES; PROVIDING FOR THE ISSUANCE OF BUSINESS TAX
RECEIPTS FOR PRORATED PORTION OF THE FISCAL YEAR; PROVIDING
FOR AN INCREASE IN CERTAIN BUSINESS TAXES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing.
Mr. Treppeda explained the ordinance and recommended that it be approved to increase
fees by 5%, since fees had not been raised since 1995. Councilman Packer questioned the
procedure that would be used to enforce the ordinance. Mr. Treppeda explained that it
would be handled through a Code Enforcement officer..
Anamarie Kelly, 77 Camden Drive, suggested that businesses be tracked through the
Secretary of State web site.
There being no additional comments, Mayor Rosenfield closed the public hearing.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
the Ordinance. The motion carried (4-0), with the roll call vote as follows: Mayor Rosenfield ves;
Assistant Mayor Blachar absent; Councilwoman Cohen yes; Councilman Packer yes;
Councilman Sanz ves; thus becoming Ordinance No. 2010-543.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
473
Ba1 Harbour Village Regular Council Meeting Minutes 07/27/2010 5
474
8. RESOLUTIONS:
The following resolution was read, by title, by Mrs. Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ESTABLISHING THE NON -CONSENT TOWING RATES THAT MAY
BE CHARGED BY TOWING SERVICE PROVIDERS WITHIN THE VILLAGE IN
ACCORDANCE WITH CHAPTER 19 OF THE VILLAGE CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Treppeda explained that the resolution set the towing rates, per authorization given in
the ordinance approved earlier in the meeting.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
Resolution. The motion carried (4-0); thus becoming Resolution No. 2010-727,
The following resolution was read, by title, by Mrs. Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING RENEWAL OF FLORIDA DEPARTMENT OF
TRANSPORTATION (THE "FDOT") LANDSCAPE MAINTENANCE
AGREEMENT WITH THE VILLAGE; AUTHORIZING EXECUTION OF
RENEWAL AGREEMENT; AND AUTHORIZING EXECUTION OF SUCCESSIVE
RENEWALS IF OFFERED BY FDOT; PROVIDING FOR IMPLEMENTATION;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Treppeda explained the resolution and noted that the Florida Department of
Transportation paid the Village $6,201 for maintenance.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve the
Resolution. The motion carried (4-0); thus becoming Resolution No. 2010-728.
9. REPORTS:
A. VILLAGE MANAGER:
Budget Report for Third Quarter (Fiscal Year 2009/2010)
Provided by Finance Director Christopher Wallace: Mr. Wallace reviewed the report.
He discussed the appeals for property tax values and reported the loss of a $132 million
tax base due to that, which would create a $320,000 loss in property tax revenues for the
current fiscal year. He reported that due to delinquent property taxes, the Village had
received nearly $70,000 in fees (1,400% over the Village's original estimate of $5,000). He
summarized that it was a tight budget, but that everything would be worked out.
Discussion and Approval of Proposed Millage Rate:
Councilwoman Cohen discussed the revenue that the Village would receive from the red
light cameras. Mr. Treppeda explained that new revenue source was already included
before the shortage (on the revenue side). Mr. Wallace explained that they took a
conservative stance on the vendor's estimate (70%) for the budget projections.
Ba1 Harbour Village Regular Council Meeting Minutes 07/27/2010
Councilman Packer questioned providing a separate bill for solid waste and the formula
that would be used. Mr. Wallace explained that a study would need to be conducted and a
methodology would need to be formed. Councilman Packer would like a comparison to be
provided showing the difference between a fee for solid waste and how that would affect
the millage rate. Mr. Wallace reported that it costs the Village $800,000, so it would be
approximately $250-$500 per house per year. He estimated that the millage rate would
drop .3 mills. He discussed the advantage for residents paying for solid waste (encourage
recycling, etc.). Councilman Packer discussed the garbage schedule. He suggested a
different fee structure for the Shops. He questioned if the Village's revenue would be
increased through a fee. Mr. Wallace reported that the fee would cover the costs.
Councilman Packer discussed different rates for commercial and residential properties. Mr.
Wallace reported that could be looked at. Mr. Abbott noted that special assessments would
need to be fairly assessed. Mr. Wallace discussed the Village providing pickup for the
residential properties and possibly having commercial properties privatized. Councilman
Packer would like all of the ideas researched before the next meeting. Mr. Wallace
estimated the study to cost $10,000-$15,000, which could be done in time for the
upcoming budget. He noted that the proposed budget would be decreased by $800,000 if
the solid waste was billed separately.
Councilwoman Cohen discussed the recent elimination of the trash station and suggested
that the garbage pickup include picking up landscape debris a couple of times a year. Mr.
Wallace noted that most of the homes had landscaping companies that provided their own
trucks, etc. to dispose of the debris.
Mr. Treppeda reviewed the Property Tax Rate Options (three scenarios) and discussed the
difference between implementing and not implementing a garbage fee. He explained that
the Village's millage rate was being penalized by having the garbage cost included. He
added that 90% of the municipalities charged a separate garbage fee. Mr. Wallace
reported that the millage rate needed to be set by August 2, 2010. He recommended the
Option 1 higher rate option, which would allow the Village to lower it. He discussed the
process. Councilman Packer suggested Option 1, which could be lowered. Councilman
Sanz requested that another workshop meeting be held to discuss the budget before
September.
Councilwoman Cohen questioned if a study needed to be done for the garbage fee. Mr.
Wallace reported that it would be needed and suggested authorizing the Village Manager
to approve up to $15,000 to conduct the study. He noted that he could do the study or he
could recommend someone else to do it. Mr. Treppeda suggested that Mr. Wallace's
company conduct the study.
A motion was offered by Councilwoman Cohen and seconded by Councilman Packer to authorize
the Village Manager to spend up to $15, 000 for a solid waste study, to establish an apportionment
methodology of the cost of providing collection and disposal of solid waste.
Dan Holder, 24 Bal Bay Drive, thought the motion was to authorize the manager to
expend the money. Mayor Rosenfield clarified that the motion was to do a study to see
what it would cost. Mr. Wallace advised that the study would be done before the
September hearing, to provide the Council with information for them to make a decision on
the budget and millage rate and the cost of billing separately for solid waste.
Dina Cellini, 211 Bal Cross Drive, clarified that the motion was to look at the
apportionment and methodology. She would like to be able to determine if it's in her best
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 7
475
476
interest to pay the solid waste fee separately and requested that the figures be available
after the study to speak on the issue.
Mr. Wallace agreed that the information requested would be provided. Mayor Rosenfield
clarified that the Village would determine what to charge the condominiums and then the
condominiums would decide what to assess the owners. She thought that it would be a
complicated issue for the condominiums.
Abraham Gotman, 9601 Collins Avenue, explained how the condominiums assessed
fees to the owners.
Phil Corbisiero, 63 Bal Bay Drive, questioned if the proposal would use the existing work
force. Mr. Wallace explained that it would use the existing resources, but noted that it
would also look at the condominiums and the Shops to see what a private hauler may
charge. Mr. Corbisiero spoke against spending $15,000 that may result in letting some
employees go. He agreed with the need to save dollars, but to also keep the loyal work
force.
Gabriela Webster, 30 Park Drive, agreed with Mr. Corbisiero. She questioned if the
revenue from the business tax receipt increase was accounted for. Mr. Wallace reported
that it was. Ms. Webster discussed making cuts in lighting, sprinklers, etc.
Councilman Packer spoke in favor of the survey to enable the Council to make an
intelligent decision.
Ms. Webster requested that the study be available on the web site.
Dan Holder, 24 Bal Bay Drive, reported that as President of a co-op association he saw it
as a problem and didn't see the great benefit. He spoke against the study and spoke in
favor of leaving the garbage where it was, since the affect on the millage would be nominal.
The motion carried (3-1), with the roll call vote as follows: Mayor Rosenfield no; AssistantMavor
Blachar absent; Councilwoman Cohen yes; Councilman Packer yes; Councilman Sanz yes.
It was the consensus of the Council for the Village Manager to go in the direction of Option 1
(raise the property tax rate to 3.1684 and use half of the budget stabilization fund in the amount
of $1 million), without a garbage fee.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of July 27, 2010: A list of
Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY: No items were discussed.
D. MAYOR AND COUNCIL:
Councilman Sanz requested that another Council Workshop Meeting be scheduled for the
budget to be discussed. Mr. Wallace discussed the public hearings that would be held. The
Council discussed holding a budget workshop meeting on August, 30, 2010. Mr. Wallace
explained that the solid waste study may not be available by then. Councilman Sanz
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 8
requested that the budget be substantially completed by the workshop meeting, to allow 477
people to ask questions on line items. Mr. Wallace expected to have the items available for
all reasonable questions.
It was the consensus of the Council that a Council Workshop Meeting to discuss the budget be
scheduled for Monday, August 30, 2010, at 6:00 p.m., to be noticed on channel 77, on the web
site, emailed, and displayed on the Police Department's electronic sign.
10. OTHER BUSINESS:
Public Comment:
Dina Cellini, 211 Bal Cross Drive, requested that the Village separate items that it could
not live without for the next budget workshop (salary, pension, insurance, etc.). Mr. Wallace
reported that only 10%-11 % of the budget was discretionary and he would do his best to
separate the items as requested.
Ms. Cellini questioned if the Village could have any input with the County regarding the
appeal of property taxes. Mr. Abbott explained that, per Florida statute, the Village would
receive notice of the appeals and could appear at the hearings. He clarified that the people
making the decisions for the tax appeals knew that those decisions would affect the tax
revenue that the Village would receive. Ms. Cellini questioned if it was appropriate for the
Village to provide input at the hearings. Mr. Abbott didn't know, if the amount saved would
cover the amount that would need to be paid for the Village to attend. He reported that
most local governments did not appear. Ms. Cellini suggested that the Village look into
that.
Ms. Cellini discussed a recent drowning in the news due to a rip current and suggested that
the Village look into options for placing flags on the beach to warn of rip currents, jellyfish,
etc.
Chief Hunker offered to have Lt. Merrill contact the County regarding flags.
Jay Smith, Director of Human Resources and Community Outreach, reported that the ONE
Bal Harbour Hotel had flags that they displayed.
Councilman Packer suggested that each condo building be supplied with the flags.
Chief Hunker preferred that the Village handle the flags if requested to ensure they were
done properly. He will report back at the next meeting.
Dan Holder, 24 Bal Bay Drive, didn't think there was an international flag that was used.
Mr. Smith explained that the flags were a State adopted system. Mr. Holder suggested that
the Village provide a sign with an explanation of what each flag meant. He discussed the
liability issues.
Abraham Gotman, 9601 Collins Avenue, discussed residents receiving tax reductions,
which the Council should be aware of. He reported that his building put a sign at the
entrance to the beach warning of the tide conditions. He didn't know how much the flags
would help.
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 9
478
11. ADJOURN: There being no further business, a motion was offered by
Councilman Packer and seconded by Councilwoman Cohen to adjourn. The motion carried (4-0)
and the meeting adjourned at 9:28 p.m.
Attest:
Ellisa L. Horvath,
, Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 07/27/2010 10