HomeMy Public PortalAbout2004-02-17 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - FEBRUARY 17. 2004
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February
17, 2004, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 9:00 a.m. by Mayor Tantleff. Those present were:
Also present:
Mayor Daniel S. Tantleff
Assistant Mayor Seymour "Sy" Roth
Councilman Peg E. Gorson
Councilman Joel S. Jacobi,
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Horvath, Deputy Village Clerk
Richard J. Weiss, Village Attorney
Absent: Councilman Howard J. Berlin
As a quorum was determined to be present, the meeting commenced.
Mayor Tantleff reported that Village resident, Jay Weiss, passed away on January 31st and
will be sadly missed.
2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led L.v
Hunker
3. APPROVAL OF MINUTES: A motion was offered by Assistnn; Mayor Roth
and seconded by Councilman Gorson to approve the minutes of the January 20,k104 ReRi .la
Meeting and January 27, 2004 Special Meeting. The motion carried unanimously 13-0), with
Councilman Berlin and Councilman Jacobi absent, and the minutes were approved as submit`e7.
4. PRESENTATIONS: None.
S. LOBBYIST REGISTRATIONS: None.
6. PUBLIC HEARINGS: None
7. ORDINANCES SECOND READING/PUBLIC HEARING: None.
8. ORDINANCES FIRST READING: None.
9. RESOLUTION:
A resolution was read by title, by the Village Clerk. establishing policy for certain per diem
and travel expenses for Village Officers and employees.
1 Councilman Jacobi arrived prior to the presentation of the Audit Report_
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97
Mr. Treppeda explained that Florida State Statute allows the Village to adopt per diem
rates that vary from the State provisions. He advised that the Village currently follows the
guidelines of the Florida State Statute (Section 112.061) and would like to adopt the
Federal Government's per diem rates, when the amount allowed by the State is insufficient
to fairly cover the employee or officer's costs.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
this resolution. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor
Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi absent. Thus
becoming:
RESOLUTION NO. 657
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ESTABLISHING POLICY FOR CERTAIN PER DIEM AND TRAVEL
EXPENSES FOR VILLAGE OFFICERS AND EMPLOYEES; PROVIDING FOR
EFFECTIVE DATE.
10. RE -APPOINTMENT OF LOIS EVANS TO BAL HARBOUR
VILLAGE POLICE OFFICERS' PENSION PLAN BOARD: Mr. Treppeda explained
that the Board of Trustees of the Bal Harbour Village Police Officers' Pension Plan & Trust
Fund has nominated Lois Evans to serve again as the fifth trustee. He requested Council
consideration to reappoint Lois Evans as a trustee on the Board. Mr. Treppeda reported
that per Village Code, this trustee position shall be appointed as a ministerial act by the
Village Council.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to reappoint
Lois Evans as a trustee on the Police Officers' Pension Plan & Trust Fund Board. The motion
carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman
Berlin absent; Councilman Gorson aye; Councilman Jacobi absent.
Mr. Treppeda reported that Ed Garazi is resigning from the Police Officers' Pension Board,
so the Council should submit anyone who is interested in serving. He advised that
something with be placed on the Information Channel (20), to get the word out.
11. ACCEPTANCE OF AUDIT REPORT — JERRY CHIOCCA.
RACHLIN. COHEN & HOLTZ: Jerry Chiocca, Rachlin Cohen & Holtz, presented
the annual financial report (for the fiscal year ended September 30, 2003). He reviewed
page 7, Statement of Net Assets, and advised that the total net asset is over $24 million,
and of that, approximately $9.3 million is in unrestricted net assets, and there is $10.7
million in cash and cash equivalents. Mr. Chiocca reviewed page 10, Statement of
Revenues and Expenditures, and advised that there is over $335,000.00 net change in
fund balance, which equates income for the general fund, $52,000.00 in the tourism fund
and negative $244,000.00 in the remaining small governmental funds. He reviewed page
13, Statement of Revenues for the Proprietary Funds, and advised that there is a net
income of $61,000.00. Mr. Chiocca stated that water made a profit of $217,000.00 and
sewer had a loss of $155,000.00, which has been consistent over the years. He reviewed
page 34, Comparison of Budget, and advised that the original and final budget was
balanced, showing a deficiency of $319,000.00, to be made up by transfers and part of the
prior year's fund balance. Mr. Chiocca reported that the good news is that the general fund
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had excess revenue of $335,000.00, which equates to the fact that the Village did not have
to use any of the prior year's fund balance to cover this year's budget, so the Village ended
up good with $356,000.00 in revenues and $253,000.00 in expenditures. He stated that
there's a positive balance of $335,000,00, not going into the fund balance.
Mr, Chiocca reported on the rules and regulations, etc. He stated that he has found nothing
that he has to report (any material weaknesses, or deplorable conditions in the internal
controls). Mr. Chiocca reported that there were no defalcations, no financial emergency,
etc. He stated that this was a very clean audit and very good positive report, with a lot of
cash, so it's a very healthy financial situation. He thanked Mr. Treppeda, Mrs. Horton, and
Village staff for their assistance with the audit.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
the audit, as presented by Jerry Chiocca. The motion carried with the vote as follows: Mayor
Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye;
Councilman Jacobi aye.
12. APPROVAL OF CONTINUING ENGAGEMENT — RACHLIN.
COHEN & HOLTZ:
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
the Continuing Engagement Understanding of Services with Rachlin, Cohen & Holtz, for the
fiscal years ending September 30, 2004, 2005, and 2006. The motion carried with the vote as
follows: Mayor Tantleff aye_; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman
Gorson aye; Councilman Jacobi aye.
13. REPORTS AND RECOMMENDATIONSS
A. MAYOR AND COUNCIL: None.
B. VILLAGE ATTORNEY: None,
C. VILLAGE MANAGER:
Request for Approval of Annual Contribution to Surf-Bal-Bay
Recreation Program — Arlene Ortenzo, Principal: Mr. Treppeda introduced Arlene
Ortenzo, Principal of Ruth K. Broad Bay Harbor Elementary School,
Arlene Ortenzo, Principal, discussed the Surf-Bal-Bay Recreation Program and its future
needs. She advised that there are currently 112 students participating in the after -school
program and they employ 5 teachers. Ms. Ortenzo reported that they use the school's
equipment and no equipment has been purchased with the money the Village has provided
in the past. Ms. Ortenzo stated that the parents are very enthusiastic about the program
and are very appreciative that it is a free program. She discussed the importance of the
program and commended Bal Harbour for supporting it for so many years. Ms. Ortenzo
thinks that it has set the precedence for other schools and municipalities to do the same.
Councilman Jacobi advised that his sister was in the Jump rope program, which was
excellent.
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Sandra Dunn, resident — 208 Park Drive, questioned if a child can still participate in the
program, if they don't go to the school. Ms. Ortenzo responded that the child must be
enrolled in the school to participate.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
an annual contribution of $15,000.00 to the Surf-Bal-Bay Recreation Program. The motion
carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman
Berlin absent; Councilman Gorson aye; Councilman Jacobi aye.
Mayor Tantleff questioned the overcrowding situation at the school. Ms. Ortenzo advised
that the school was built for 800 students, currently have 1,307 students, and can accept
up to 1,345 students. She stated that they started the year at 1,367 students and found
that there were some students that didn't live in the area, who were asked to leave. Ms.
Ortenzo reported that future plans are for schools in the Biscayne Landing area and also
expanding Highland Oaks, etc. to give Bay Harbor some relief. She stated that almost 700
students come from the Eastern Shores and the Miami Beach area. Ms. Ortenzo explained
that the number of teachers is based on the number of students, per the District allocation
(approximately 1 teacher to 24 students in the primary grades and 1 teacher to 30 students
in the intermediate grades). She stated that the issue is space, not teachers.
Request for Approval to Purchase Bus to Transport Residents
to Area Businesses: Mr. Treppeda advised that the current bus, which is run by Handi-
Van, runs 3 days a week for 4 hours per day. He stated that with the current route, the
company is not able to put a new bus on the program, so the bus is not always the best.
Mr. Treppeda explained that this year the Village has $96,000.00 as the first year proceeds
from the 1/2 cent transportation sales tax that the County collects. Mr. Treppeda proposed
using the funds to purchase a bus and hire an outside company to operate and staff the
bus. He advised that Rick Mahoney, Atlantic Bus Sales, is at the meeting to answer any
questions about the bus, which is on the State bid. Mr. Treppeda stated that the new bus
was shown to 12 of the riders, who all liked the bus. Mr. Treppeda explained that it is a 25-
foot bus and will hold up to 20 people (there are two wheelchair positions with two pull
down seats).
Brian Mulheren, resident — Carlton Terrace Condominium, thinks that it's a fantastic
bus and that the handicap accessibility is a good feature. He also suggested using the bus
to take residents to special events (movies, etc.). Mr. Mulheren thinks that the bus should
be marked "Bal Harbour."
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
$66,878.00 in transportation tax proceeds for the purchase of a bus from Atlantic Bus Sales, to
provide service to Bal Harbour residents ($61,878.00 is the price of the bus and $5,000.00 is for a
contingency fund for the design of markings and painting of the bus). The motion carried with
the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent;
Councilman Gorson aye; Councilman Jacobi aye.
Request to Expend Forfeiture Funds for Mobile Data
Terminals: Mr. Treppeda explained that Chief Hunker is requesting to expend forfeiture
funds, in the total amount of $94,574.80, for a mobile data terminal project for the police
cars (which includes 10 computers, 3 palm pilots, associated hardware and software
required, and airtime for a one-year period).
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Chief Hunker reported that the Police Department had a 35% increase in tickets last year.
He explained that this would save data entry time. Chief Hunker reported that the officers
wrote 150 citations in the last 3 days.
Councilman Jacobi questioned about the police having computers in their cars, Chief
Hunker explained that this can be exchanged from car to car and each motorman will have
a palm pilot to run checks, etc. He stated that it will send the ticket information directly to
the County, so it won't have to be re-entered at the station.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
$94,574.80 of Forfeiture Funds, fora mobile data terminal project. The motion carried with the
vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent;
Councilman Gorson aye; Councilman Jacobi aye.
Brian Mulheren, resident — Carlton Terrace Condominium, thinks that this is a great
product and is important for the officers. He stated that it's not just good for tickets, but also
for the safety factor for the officers.
Approval of Resort Tax Expenditure: Mr, Treppeda explained that
the Director of Tourism Marketing is requesting approval of $4,900.00 to hire South Florida
Productions, Inc. to produce a 5 to 6 minute video of the Destination Fashion event at the
Bal Harbour Shops.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
$4,900.00 in resort tax funds, to hire South Florida Productions, Inc. to produce a 5 to 6 minute
video of the Destination Fashion event. The motion carried with the vote as follows: Mayor
Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye;
Councilman Jacobi aye.
Mayor Tantleff explained that the event is February 27, 2004 and the Shops are closing for
the first time in 36 years for the event, to benefit the Miami Project to Cure Paralysis. He
stated that Kool and the Gang is performing and Gloria Estefan will be there.
14. OTHER BUSINESS:
Dina Cellini, resident - 211 Bal Cross Drive, questioned the status of the Security
District, since a change was made. She questioned how the change will affect the
residents on a daily basis and who the residents should report to, for complaints or issues.
Mr. Treppeda advised that the Agency Agreement was canceled by the Civic Association,
which means that they are no longer delegated management of the Security District, which
has always belonged to the Village and was created by the Village. He doesn't think that
the residents will notice any difference, because Kent Security is still there, etc. Ms. Cellini
questioned when the Village will re-evaluate the security contract. Mr. Treppeda advised
that if the Village feels that it's necessary that will be done. but at this point they are happy
with Kent Security. Ms. Cellini clarified that at this time there's going to be no evaluation of
the bids. Mr. Treppeda stated that if there are problems, then they will be addressed. Ms.
Cellini thinks that the Village has heard that there are a lot of problems and if the Village
chooses to ignore them... Mr. Treppeda stated that in the past there were some. Ms. Cellini
questioned Mr. Treppeda if he thinks that they continue to exist. Mr. Treppeda doesn't think
so. Ms. Cellini questioned at what point the complaints will be heard. She questioned if
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residents should bring complaints to the Council meetings or if Mr. Treppeda will come to
the Civic Association meetings. Mr. Treppeda stated that complaints should be brought to
him and if he sees enough complaints, then he will make the Council aware of the
problems. Ms. Cellini questioned that even though the contract comes up for re-evaluation
each year, if he is suggesting that the Village not look at it unless there are a sufficient
number of complaints. Mr. Treppeda stated that the Village will continue to always look at
all the contracts and if there are any problems, then it would be re-evaluated at that time, if
it did come up for approval or renewal. Ms. Cellini stated that last April, Chief Hunker
attended a Civic Association meeting and recommended changes, specifically with regard
to the security contract. She questioned if Mr. Treppeda is going to ignore that
recommendation. Mr. Treppeda advised that he would never ignore the Chief's
recommendations and advised that since then he and Chief Hunker have discussed it and,
at this point, they don't see any major problems with the security company that's there now.
He stated that could change and they will keep an eye on it. Ms. Cellini questioned the
landscaping, because in the past it has been the Village Attorney's position that the
landscaping is part of the security contract. She questioned if the Village still maintains that
and if the Village will be entering into contracts for landscaping services. Mr. Treppeda
questioned if she is just talking about the flowers right around the guardhouse. Ms. Cellini
stated that it seems like the Civic Association, at its whim, has placed landscaping all
around the Village and then has charged the residents, so she is wondering if that's going
to continue. Mr. Treppeda responded yes, that directly around the guardhouse all of the
landscaping is considered part of the expenses of the Security District. Ms. Cellini
questioned how those landscaping issues will be addressed. Mr. Treppeda advised that the
Village will still take input from the Civic Association, because they are the owners of all the
property and all the open areas are owned by them, as well as the streets. Ms. Cellini
clarified that everything is remaining status quo. Mr. Treppeda responded that it's not
exactly the same, because there is no legal agreement between them (the Civic
Association) and the Village. Ms. Cellini questioned if, in terms of the daily operations of
the Security District, it will remain status quo. Mr. Treppeda stated that is true at the
moment, but if there are any problems they will be evaluated. He advised that any
complaints should be directed to his attention and if he hears enough of them, then they
will be brought to the Council. Ms. Cellini questioned how many are enough. Mr. Treppeda
stated that he will determine that. Ms. Cellini thinks that seems like a moving target. She
stated that depending on who complains, it carries more weight than others, so she was
wondering what the rules are. Mr. Treppeda stated that the rules are not something that's
black and white. Ms. Cellini questioned if it's within Mr. Treppeda's discretion. Mr.
Treppeda responded yes. Assistant Mayor Roth thought there was a discussion that if
there was a voluminous amount of problems in the Security District, then the thought would
be perhaps to hire a manager to handle all the complaints of the homeowners, if it became
such a burden that Mr. Treppeda couldn't handle it. Mr. Treppeda stated that he would let
the Council know if there was ever so much work involved in running that District. Assistant
Mayor Roth stated that they could then perhaps get a licensed residential manager, like
condominiums and co-ops have. Mayor Tantleff advised that the Civic Association is still
having meetings.
Sandra Dunn, President — Bal Harbour Civic Association, advised that the Association
is still having meetings and will bring recommendations to the Village, based on feedback
from the community and their meetings. She stated that they would like everyone not to call
the Village and complain all the time. Ms. Dunn reported that since Toni has left Kent
Security, they haven't received any complaints, except for 2 to 3 minor ones that haven't
been a big deal. She advised that, on the whole, Kent Security has been doing a very
Regular Council Meeting 02/17/2004 6
good job. Ms. Dunn stated that when they dissolved the Agency Agreement. she wrote a
letter on behalf of the Board stating that they would like to continue to work with the city
and to make recommendations, based on the feedback from the community. She stated
that hopefully that's the way that it will go. Ms. Dunn advised that they want to stay in touch
and be a part of everything and make sure that when they have their meetings that
everybody knows what's going on and are able to make a recommendation to the city, on
behalf of the people.
Ms. Cellini disagreed and stated that she has had issues and has called Ms. Dunn, which
to Ms. Dunn may have been insignificant, but to her (Ms. Cellini) they weren't, which is
where issues arise. Ms. Dunn advised that the issues were addressed and taken care of.
Ms. Cellini thinks that the Village should hear residents' concerns, since it now has control
of the security gate, if they aren't being met by the Civic Association. She stated that's the
Village's job now. Ms. Cellini stated that she could go to the Civic Association and complain
and the Civic Association may not want to hear her complaint, or may disagree for
whatever reason (personal agenda, etc.) and they don't take her concern to the Village,
which leaves her no option, but to bring her concerns to the Village herself. She hopes that
the Village isn't creating an impediment to individual resident coming before the Council.
Mayor Tantleff stated that he hopes that it's the opposite and they're opening it up.
Gabriela Webster, resident-30Park Drive, understands Ms. Cellini's position regarding
the whole change and thinks that some sort of protocol should be determined. She doesn't
think that the Civic Association's position is to disregard or brush aside anyone's
complaints and it shouldn't be their place to do so. Ms. Webster understands that some
kind of intermediary is necessary, or some type of a protocol should be set up with the
Village, so that the Village isn't necessarily bombarded by complaints, which she doubts
would happen anyway. She thinks that at some point, Mr. Treppeda and the Board should
determine some sort of a protocol or have Mr. Treppeda at a Civic Association meeting or
two, to set up some sort of communication regarding the security issue. Mayor Tantleff
thinks that the protocol would be to go to the Manager.
Mr, Weiss clarified for the record something that the manager said, regarding ownership of
property that's within the residential district. He stated that it's not the Village's or
Manager's place to make a statement, as to the ownership of the property within the
residential area. Mr. Weiss explained that the Village, individuals, and corporations own
property within the residential area. He thinks that the purpose of the Manager's statement
that the citizens own the property within the residential area was to make it clear that the
Village would be relying on recommendations from the Civic Association, as to how to run
the district. Mr. Weiss stated that people are free to speak with the Council, but he thinks
that the most efficient thing to do is that if someone has a complaint, with regards to
something going on in the residential district, then the complaint should go to staff first and
then if the resident isn't happy with the reaction or action they get from the staff, then they
can bring it to the Council. He explained that way the staff would have the ability to try to
solve the problem, on an administrative level, as opposed to having every one of the issues
come to the Council meeting. He stated that there's nothing that precludes a resident from
bringing it to the Council, but he doesn't think that staff should be hit cold at the meetings
with this or that is going on. He thinks that they should have an opportunity to look at the
situation and they may either disagree with the resident and not think there's a problem, or
they may correct the situation, but at least then Mr. Treppeda and his staff would have an
opportunity to try to take care of the situation administratively and the resident wouldn't
have to wait 1 to 2 months for a Council meeting. Mr. Weiss stated that the protocol would
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103
be the Village Manager, unless he designates someone else to handle it. He stated that
residents are free to come to the meeting, if they're not satisfied with what happens, but
that would be the first step. Mr. Weiss stated that the Village Manager would have to be
asked how he would want those things to be addressed.
Brian Mulheren, resident — Carlton Terrace Condominium, commended the Council
and Manager on the budget, because they saved a substantial amount of money and still
functioned and gave the service to the people, which is a great accomplishment. He
suggested that the money be used for something important in the Village.
Rhea Kelly questioned the status of her inquiries that she brought up 5 to 6 months ago,
for the second time, and a year and a half ago, for the first time, because she sees nothing
being done. She discussed deed restrictions in the Village from 1948 through 1981, in
which no Jews or Arabs were allowed and she found extremely offensive. Ms. Kelly stated
that the residents and the Council at that time, found no objection to that, but it was still
wrong. She stated that now there's an issue over whether the Village cuts, waters,
maintains, plants, installs sprinkler systems, etc. for private property, which is also wrong.
Ms. Kelly stated that she has brought that to the Council's attention many times. She
advised that Councilman Berlin previously said that they were going to put their teeth into
any Code violators. Ms. Kelly explained that last time she brought in a blade of grass that
was a violation. She stated that she has been cited many times for having grass over 6
inches, but nobody was cited for this and the grass was not cut by private individuals, but
the next day, the Village was out there with Village machinery cutting the grass, which is
wrong and has been allowed to be tolerated. Ms. Kelly stated that other Councilmen
(James Boggess) have said the Village knows about the issue, but everybody was afraid to
bring it up. She stated that another resident suggested that she just bring up that the
Village cuts the grass around Tract E, which is designated for the Club, because the
residents are going to have to pay more money. Ms. Kelly stated that people pay for what
they own and if they don't, then they shouldn't own it. She advised that if the Civic
Association was deeded the property when the Club was split, then they are the owners
and should be paying their fair share. Ms. Kelly stated that if people want to live in the
residential section, then it's only fair that they pay their equitable amount of money to
maintain their own property. She stated that they want the gate and they want to keep
people selected as to who they allow in. She stated that if it's private, then it should be kept
private, and the Village has no business cutting, maintaining, and watering for private
individuals. Ms. Kelly advised that she is not planning to go away and she wants this issue
resolved, as the issue was resolved of no Jews or Arabs allowed. She stated that
sometime there has to be one person that makes the issues. Ms. Kelly would like to know
what the status is.
Ms. Kelly reviewed the tax rolls. She read under Bal Harbour Civic Association that all
private roads designated as Bal Bay Drive, Bal Cross Drive, Park Drive, Biscay and Balfour
Drive, and Harbour Way. together with all designated park areas not dedicated for public
use as per Plat Book 4498... She stated that under the listing of whether it's tax exempt or
not, it has a value. Ms. Kelly stated that above it there is a property owned by the Village of
Bal Harbour that says tax exempt. She questioned why the city is maintaining, watering,
installing sprinkler systems, planting, etc. for other private property. She thinks that there
has to be equality.
Ms. Kelly stated that the other issue is that people who live on the east side are denied
access. She advised that she has requested the payroll of the city employees, but she
Regular Council Meeting 02/17/2004 8
didn't get them. Ms. Kelly reported that she spoke to Mr. Wheldon who told her that 90
percent of the payroll goes into the maintenance of the residential section. Ms. Kelly stated
that a resident cannot walk in the parks, walk their dogs, drive into the park, or park their
car on the land maintained by the city. She questioned where the equity is in the Village
Council and in treating private property as private property and public property as public
property. Ms. Kelly thinks that residents living in the buildings in the east side have as
much right to access those parklands as the residents of the residential section, if the city
is maintaining and watering it and not billing the Civic Association. She stated that she can
bring this up each month and get the people from the east side to come and question why
they can't go in the residential area. Ms. Kelly questioned why she hasn't had a response
for a year and a half and what the Council is planning to do about this. She questioned if it
requires another lawsuit to say that they're doing something wrong again. She questioned if
that's the only way that the residents of Bal Harbour can get anything done. Ms. Kelly
stated that she hopes not.
Mr. Weiss reported that they have reviewed this and he has discussed this with some of
the Council members privately. He advised that they believe that what the Village is doing
is defensible. He stated that a lawsuit has been threatened, so he thinks that the Council
should be careful as to how they comment on this. Mr. Weiss stated that it has been done
for many years, and that's where he thinks they are. He thinks that the Council could
change it. if they wanted to, but thinks at this point that there's a defensible position for
what the Village is doing now.
Ms. Kelly stated that what has been done in the past does not necessarily make it right or
equitable. She stated that defensible to her is objectionable. She doesn't think that if they
do something wrong forever... She stated that it's still wrong. Ms. Kelly doesn't think that
being litigious is the answer and thinks that making people pay for what they're responsible
for is. She questioned how many people know that only Camden Drive has not been
deeded to the Civic Association. Ms. Kelly reported that Camden Drive and Camden Court
were omitted. She questioned if that means that she has the right to put up a 5-foot fence
on her property line. Ms. Kelly stated that there are so many issues, because things have
just been able to roll along and nobody seems to be able to read the documents that they
are presented. She thinks that it's time that the Council took the responsible level and do
something about the wrongs that are being propagated by the Village (watering, installing,
maintenance), when they don't have the entire residential community having access to that
property.
1S. ADJOURN: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to adjourn. The
motion carried unanimously (4-0), with Councilman Berlin absent, and the meeting adjourned at
9:50 a.m.
Attest:
Jeanette Horton, MMC
Village Clerk
/elh
Mayor Daniel S. Tantleff
Regular Council Meeting 02/17/2004 9