HomeMy Public PortalAbout2006-09-19 Regular Meeting��v
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B A L H A R B O U R V I L L A G E C O U N C I L M E E T I N G M I N U T E S
R E G U L A R M E E T I N G - S E P T E M B E R 1 9 , 2 0 0 6
T h e R e g u l a r M e e t i n g o f t h e B a l H a r b o u r V i l l a g e C o u n c i l w a s h e l d o n T u e s d a y , S e p t e m b e r 1 9 ,
2 0 0 6 , a t t h e S e a V i e w H o t e l ( 9 9 0 9 C o l l i n s A v e n u e , B a l H a r b o u r , F l o r i d a ) .
1 . C A L L T O O R D E R / R O L L C A L L : T h e m e e t i n g w a s c a l l e d t o o r d e r a t 4 : 0 0
p . m . b y M a y o r R o t h . T h e f o l l o w i n g w e r e p r e s e n t :
M a y o r S e y m o u r " S y " R o t h
A s s i s t a n t M a y o r H o w a r d J . B e r l i n
C o u n c i l m a n J o e l S . J a c o b i '
C o u n c i l m a n J e a n R o s e n f i e l d
C o u n c i l m a n J a i m e M . S a n z 2
A l f r e d J . T r e p p e d a , V i l l a g e M a n a g e r
E l l i s a H o r v a t h , C M C , V i l l a g e C l e r k
A n d r e a G r e e n b l a t t , A d m i n . A s s i s t a n t
D a v i d M . W o l p i n , V i l l a g e A t t o r n e y
A s a q u o r u m w a s d e t e r m i n e d t o b e p r e s e n t , t h e m e e t i n g c o m m e n c e d .
2 . P L E D G E O F A L L E G I A N C E : T h e P l e d g e w a s l e d b y t h e V i l l a g e B u i l d i n g
O f f i c i a l , D a n i e l N i e d a .
3 . A P P R O V A L O F M I N U T E S : A m o t i o n w a s o f f e r e d b y C o u n c i l m a n R o s e n f i e l d
a n d s e c o n d e d b y M a y o r R o t h t o a p p r o v e t h e m i n u t e s o f t h e J u l y 1 8 , 2 0 0 6 , R e g u l a r C o u n c i l
M e e t i n g , S e p t e m b e r 6 , 2 0 0 6 , S p e c i a l C o u n c i l M e e t i n g , a n d S e p t e m b e r 1 2 , 2 0 0 6 , F i r s t B u d g e t
H e a r i n g , a s s u b m i t t e d . T h e m o t i o n c a r r i e d u n a n i m o u s l y ( 3 - 0 ) .
4 . P R E S E N T A T I O N S :
O f f i c e r o f t h e M o n t h f o r A u g u s t 2 0 0 6 : T h i s p r e s e n t a t i o n w a s d o n e l a t e r
i n t h e m e e t i n g .
E m p l o y e e o f t h e M o n t h f o r J u l y 2 0 0 6 : M s . B e t t e C h o a t e , B u i l d i n g
D e p a r t m e n t , w a s p r e s e n t e d w i t h a p l a q u e b y M r s . H o r v a t h , a s E m p l o y e e o f t h e M o n t h f o r
J u l y 2 0 0 6 , i n r e c o g n i t i o n o f h e r a s s i s t a n c e i n t h e B u i l d i n g D e p a r t m e n t w i t h n u m e r o u s p u b l i c
r e c o r d s r e q u e s t s .
5 . O R D I N A N C E S S E C O N D R E A D I N G / P U B L I C H E A R I N G :
T h e f o l l o w i n g O r d i n a n c e w a s r e a d b y t i t l e , b y M r s . H o r v a t h :
A N O R D I N A N C E O F B A L H A R B O U R V I L L A G E , F L O R I D A , A M E N D I N G T H E
I C o u n c i l m a n J a c o b i a r r i v e d i m m e d i a t e l y p r i o r t o t h e R e s o l u t i o n s / P u b l i c H e a r i n g s .
2 C o u n c i l m a n S a n z a r r i v e d i m m e d i a t e l y p r i o r t o t h e R e s o l u t i o n / P u b l i c H e a r i n g s .
B a l H a r b o u r V i l l a g e R e g u l a r C o u n c i l M e e t i n g M i n u t e s 0 9 / 1 9 / 2 0 0 6
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VILLAGE CODE CHAPTER 21 "ZONING," ARTICLE I "IN GENERAL," BY
AMENDING SECTION 21-1 "DEFINITIONS AND RULES OF CONSTRUCTION"
AND BY CREATING SECTION 21-5 "EXPIRATION OF DEVELOPMENT
ORDERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wolpin recommended that the Council defer the proposed ordinance, for further legal
review, to no time certain.
A motion was offered by Councilman Rosenfeld and seconded by Assistant Mayor Berlin to defer
this Ordinance. The motion carried unanimously, with the roll call vote as follows: Mayor Roth
yes; Assistant Mayor Berlin yes; Councilman Jacobi absent; Councilman Rosenfield yes;
Councilman Sanz absent.
6. ORDINANCES FIRST READING: None.
7. RESOLUTIONS/PUBLIC HEARINGS:
The following Resolution was read by title, by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN
ASSESSMENT ROLL FOR THE SECURITY PROGRAM SPECIAL ASSESSMENT
AREA; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Roth opened the public hearing. There being no comment, Mayor Roth closed the
public hearing.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin to
approve this Resolution. The motion carried unanimously (5-0), thus becoming Resolution No.
688.
The following Resolution was read by title, by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING
SANITARY SEWER AND WATER RATES FOR THE 2006/2007 FISCAL YEAR;
ESTABLISHING AN EFFECTIVE DATE.
Mayor Roth opened the public hearing. There being no comment, Mayor Roth closed the
public hearing.
A motion was offered by Councilman Rosenfeld and seconded by Councilman Jacobi to approve
this Resolution. The motion carried unanimously (5-0), thus becoming Resolution No. 689.
8. RESOLUTIONS: None.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
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B. VILLAGE ATTORNEY: No items.
C. VILLAGE CLERK:
Lobbyist Registration Report: As of September 15, 2006: Mrs.
Horvath reviewed the list of Lobbyists currently registered with the Village.
D. VILLAGE MANAGER:
Resort Tax Committee Recommendations: Mr. Treppeda
requested approval of the following items, recommended by the Resort Tax Committee at
the September 14, 2006 meeting:
1.) Restructuring the Village's Websites $16,000.00
2.) La Cumbre Travel Trade Show (Latin America) $ 2,500.00
3.) New Passport $ 8,000.00
4.) Balharbour.com (Web Site Address) $30,000.00
5.) Tourism Sales Missions for the New Travel Season $18,380.00
Additional Fee for the Sea View Participation $ 7,250.00
TOTAL: $82,130.00
Mr. Treppeda explained that additional money is needed over the amount recommended by
the Committee, in order for the Sea View to participate in the sales missions ($7,250.00).
Assistant Mayor Berlin explained that the total amount will be taken out of the 2005/206
budget, which is overfunded.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz to approve.
The motion carried unanimously (5-0).
Consideration of Appointment of Two Members to the Police
Retirement Board: Mr. Treppeda explained that resumes were received from the
following Village residents: Dr. Abraham Gotman, Charles L. Ilvento, Anamarie F. Kelly,
Cecil V. "Moon" Mullen, and Jose Tain-Alfonso.
Cecil Mullen, resident —Admiralty Apartments, expressed his interest in serving on the
Board. He noted his experience with pension plans.
Dr. Abraham Gotman, resident - Majestic Towers, reviewed his experience and
expressed being an asset to the Board.
A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Berlin to appoint
Dr. Abraham Gotman and Cecil Mullen to the Police Retirement Board. The motion carried
unanimously (5-0).
Discussion of District 4 Council Seat Vacancy: Mr. Treppeda
explained that Joel Jacobi recently resigned from the Council, in order to run for County
Court Judge. He explained that the irrevocable resignation letter would be effective January
2007, when the new Judge takes office. He explained the Council's options.
Ba1 Harbour Village Regular Council Meeting Minutes 09/19/2006 3
458
Mr. Wolpin explained that Florida law required Councilman Jacobi to submit an irrevocable
letter of resignation, when he decided to run for the office of County Court Judge. He
reported that the vacancy created by that would be effective January 2007, when the new
Judge takes office, or earlier, if the Council takes action to fill the vacancy sooner. Mr.
Wolpin explained that the Council can reappoint Councilman Jacobi or consider appointing
another individual.
Mayor Roth is in favor of Councilman Jacobi continuing until January, since he has the
experience, and then possibly leaving the seat vacant until April, when the seat is up for
election. He thinks that appointing someone new would give them the edge in the next
election. Councilman Rosenfield questioned if the seat legally belongs to Councilman
Jacobi until January. Mr. Wolpin explained that it legally belongs to Councilman Jacobi, but
that the Council has the right to determine to fill the vacancy sooner.
Dr. Michael Krop, resident - 9601 Collins Avenue, reviewed the Mayor's discussion at
the July meeting regarding being opposed to a high-rise hotel on the West side of the
street. He quoted Councilman Jacobi's comments at the July meeting regarding the petition
and his reference to letting the inmates run the asylum. He suggested that Jacobi apologize
for his comments referring to the residents as inmates. Councilman Jacobi advised that he
was giving an analysis comparing people to the situation and apologized if Dr. Krop took
that personally.
Gabriella Webster, resident - 30 Park Drive #15, suggested reappointing Councilman
Jacobi for a sense of continuity. She thinks that he should finish his term, since the election
is in April.
Assistant Mayor Berlin agreed with Ms. Webster that Councilman Jacobi should be allowed
to serve until April.
A motion was offered by Councilman Sanz and seconded by Councilman Rosenfield to reappoint
Councilman Jacobi, to complete his term of office. The motion carried unanimously (4-0), with
Councilman Jacobi abstaining from voting.
Councilman Jacobi apologized for anyone taking offense to his comments at the July
meeting.
Councilman Rosenfield commented on serving in public office.
Request for Approval of Funds to Replace Two Dead Date
Palm Trees on Collins Avenue: Mr. Treppeda requested approval of up to $15,610.00
for Vila & Son, the lowest bidder, to replace two dead date palms.
A motion was offered by Councilman Rosenfield and seconded by Assistant Mayor Berlin to
approve. The motion carried unanimously (5-0).
Request for Approval to Purchase New Software for the
Building Department: Mr. Treppeda requested $12,991.00 to purchase a new software
package, from enerGov Solutions, for the Building Department. This is recommended by
the Building Official, Daniel Nieda.
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459
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Jacobi to approve
$12,991. The motion carried unanimously (5-0).
Request for Approval to Purchase Vehicle Lift for the Public
Works Department: Mr. Treppeda requested $3,678.75 to purchase a new lift for the
Public Works Department.
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Jacobi to approve
$3,678.75. The motion carried unanimously (5-0).
Request for Approval of Police Athletic League Agreement: Mr.
Treppeda requested authorization to enter into an agreement to help fund the Sunny Surf
Bal Bay Police Athletic/Activities League, at a cost of $10,000 per year. He noted that the
cost is for the salary of the Executive Director, who is a retired Bal Harbour Police
Lieutenant (Jose Andrade).
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Jacobi to approve
$10,000.00 and entering into the PAL Agreement. The motion carried unanimously (5-0).
Request to Expend Police Forfeiture Funds: Mr. Treppeda
explained that Chief Hunker is requesting authorization to expend forfeiture funds for the
following items:
1.) Expenses from the Major Cities/International Association $ 8,962.66
of Chiefs of Police Conference
2.) Crime Prevention Promotional Items $10,000.00
TOTAL: $18,962.66
A motion was offered by Assistant Mayor Berlin and seconded by Councilman Sanz to approve.
The motion carried unanimously (5-0).
Officer of the Month for August 2006: Officer Alex Alvarez was
presented with a plaque by Chief Hunker, as Officer of the Month for August 2006, in
recognition of his numerous arrests.
10. OTHER BUSINESS:
Dr. Michael Krop, resident— 9601 Collins Avenue, questioned when a special meeting
will be scheduled. Mr. Treppeda explained that the Council will probably need to have a
special meeting to review a proposed ordinance, to alleviate the 11-foot problem (created
by the petition).
Councilman Rosenfield introduced herself, provided her phone number, and invited anyone
to call her. She noted her residency for 28 years in Bal Harbour and explained that she
wants to keep Bal Harbour in the same mode and sense as it is. She expressed her belief
of citizens getting together and discussing things. She discussed the lack of dialogue on
various issues. Councilman Rosenfield reported that she has never been invited to a
Coalition meeting. She explained that she was told by the Coalition that all registered voters
are invited, but noted that she has been a registered voter for 45 years and has not been
Bal Harbour Village Regular Council Meeting Minutes 09/19/2006 5
invited.
Councilman Rosenfield discussed the last Coalition meeting. She noted that the impression
was given that the Council was for great height on the West side of Collins Avenue, which
is not the truth. She clarified that she has never intimated or said that was the direction in
which the Village is going. Councilman Rosenfield explained that Mr. Whitman had asked to
be placed on the Council agenda regarding a proposed ordinance, but was denied when he
filed a lawsuit about the referendum. She explained that she never intended to look at an
ordinance that would do something in opposition to the referendum that the citizens
presented. She expressed her belief in initiative and referendum. She noted that the
referendum was written and approved by the Coalition and their Attorney. She explained
that once the Village received it, then the Council put it on the ballot. Councilman
Rosenfield explained a flaw in the referendum, pertaining to the 11-foot height for floors.
She noted that the Council can't stop the referendum from being on the ballot and that it will
go to the voters to decide.
Councilman Rosenfield discussed elections. She noted that she ran unopposed and noted
that the Federal and State Constitution do not require opponents. She discussed
everyone's right to run and invited people to do so. She noted that Dr. Krop ran unopposed
on the School Board and she doesn't think any Councilmembers should be defamed for
running unopposed.
Councilman Rosenfield encouraged all residents to see Representative Danny Gelber
speak in Surfside. She noted that he was a former student of hers and thinks that everyone
should look at him as a potential Governor in the future.
Councilman Rosenfield discussed the implication that was made at the Coalition meeting
regarding the Council wanting to sell Village Hall. She noted that issue has never come up
for discussion with the Council and that Mr. Whitman did an appraisal of Village Hall, not
the Council. She clarified that the Council has no plans to sell Village Hall and that the
current building works well. Councilman Rosenfield wants to maintain the Village's beauty
and reputation. She intends to keep the Village's prestige.
Mayor Roth reported that he has never been invited to the Coalition meetings and is a
registered voter. He discussed the One Bal Harbour project and noted that it replaced the
ugliest building in the Village, which produced no revenue, took away the bus service for
their residents, most of the Village's crime was there, etc. He discussed the advantages of
the One Bal Harbour and the Regent project (beautiful project, revenue -producer, etc.).
Mayor Roth clarified that 200,000 additional square feet was given to the Development, not
400,000.
Mayor Roth discussed the Development Agreement with the St. Regis and doesn't think a
lot of people know the facts. He thinks that everyone needs to be informed and that the
Council and everyone should be told about the Coalition meetings.
Councilman Rosenfield reported that she teaches at Dr. Michael M. Krop Senior High
School.
Dr. Gotman's comments were inaudible.
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Assistant Mayor Berlin discussed misinformation being spread regarding the Council's
position on certain issues. He clarified that he does not support a high-rise hotel on the
West side of Collins Avenue or any material change in height, anywhere in the Village. He
reminded everyone that he is also a resident in the Village, which people tend to forget.
Assistant Mayor Berlin doesn't know of anyone who is interested in any height on the West
side of Collins Avenue, other than the Shops' Owner, so he thinks that the Council's
position is consistent with the community. He clarified that no permission or permit has
been given and there is no support from the Council, for the Shops to build a hotel.
Assistant Mayor Berlin explained that a referendum was circulated by the Coalition and the
required amount of signatures were obtained, so the Council did not have any discretion on
whether or not to place it on the ballot. He clarified that the Council was required to do so,
by law. He discussed a problem with language in the referendum regarding the definition of
a story as 11 feet. He explained that if the referendum is passed, then the maximum height
of any story would be 11 feet, everywhere in the Village (residential section). Assistant
Mayor Berlin pointed out that a lot of homes in the Village currently have ceilings higher
than 11 feet and that someone couldn't re -build to the current conditions, if their home is
damaged. He also noted that the Business District, which currently has 18 foot stories,
couldn't rebuild to its current configuration if it was damaged, which he doesn't think is good
for the Village. Assistant Mayor Berlin explained that if the Shops wanted to expand
horizontally, then this might also prevent them from doing that.
Assistant Mayor Berlin reported that the Shops' Owner submitted an ordinance for Council
consideration at the July meeting, after reviewing the affect the referendum would have on
his property. He explained that the Council didn't have the discretion to pull the referendum
from the ballot to correct the language, so he thinks that an ordinance needs to be passed
before the referendum goes to vote, in order to fix the issue regarding story. He reported
that the ordinance proposed by the Shops to fix the 11-foot story problem, also gave them
the ability to build at 297-foot hotel. Assistant Mayor Berlin explained that he would not let
that language go through and that the ordinance would have been changed to only address
the 11-foot story issue. He reported that Mr. Whitman has now filed a lawsuit.
Mr. Wolpin requested that nothing be discussed from the Executive Session regarding the
lawsuit.
Assistant Mayor Berlin explained that a letter was sent to all Village residents reporting that
the Village will defend the lawsuit. In his opinion, the Village is defending the lawsuit to
defend the residents' right to circulate referendums. He explained that the "story' issue still
needs to be fixed, so the Village is drafting an ordinance and a meeting will be set for that.
Assistant Mayor Berlin suggested that a special meeting be scheduled, to start the process.
Assistant Mayor Berlin discussed the suggestion by residents that Councilmembers are on
the take, or in the Developers' pocket, etc. He thinks that such comments are dispeccable.
He discussed serving in public office and running unopposed. He noted that his seat comes
up for election in April 2009 and invited anyone to run against him. Assistant Mayor Berlin
provided his number and invited anyone to call him with questions. Mayor Roth provided
his number.
Mr. Wolpin explained that any proposed ordinance would need to be adopted before
November 7th election. Assistant Mayor Berlin recommended that time be given for
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462
discussion between first and second reading and suggested that a special meeting be held
in early October for first reading. The Village Attorney will coordinate a meeting date with
the Village Manager.
Allegra Ortiz, Village resident, thinks her building will be damaged if something big
happens to the stores. She discussed the language of the referendum and noted that there
are experts in legal language. Mayor Roth explained that the Village Attorneys are
reviewing it.
Neil Alter, resident - 9801 Collins Avenue, questioned if Mayor Roth plans to run for
office again. Mayor Roth will make his decision in January 2007. Mr. Alter thinks that Mayor
Roth will have alot of support.
Steve Sorensen, VP Tower Division - WCI Communities, is disturbed by comments
about how the Council has operated as it relates to Developers. He discussed the reason
for the Council properly granting additional square footage for a hotel at the One Bal
Harbour project. He noted that WCI Communities did not benefit from that and only the
seller of the property did. He advised that the only benefit that came from the additional
hotel square footage was to be able to provide the economic incentive for that building to
be demolished. Mr. Sorensen explained that if the hotel component of that project was not
approved, then there wouldn't have been enough value in that property to tear the building
down. He advised that they are building the finest hotel in Dade County on the tip of Bal
Harbour, which is due to the Village having the vision to do something special at the
gateway. He reported that the previous building had a $35 million tax base, while the new
building will have a half billion tax base, not taking the hotel resort tax, or prestige of a 5-
star hotel, into consideration. He thinks that people making inappropriate comments about
the Council should apologize. Mr. Sorensen commented on the Council's professionalism
and cooperation.
Dina Cellini, resident — 211 Bal Cross Drive, clarified that the Coalition mailing list is
comprised of the registered voters in Bal Harbour, not all the residents, which was received
from the Miami -Dade County Elections Department. She noted that if Village Hall would like
to provide the Coalition with a mailing list, then they would send all future correspondence
to all the residents. Mayor Roth noted that he has been a registered voter for many years.
Councilman Rosenfield advised that she has also.
Mr. Wolpin announced that as soon as the meeting adjourns, the Second Budget Hearing
will commence, which is scheduled for 5:01 p.m.
Ms. Cellini clarified that the Officers of the Coalition attempted to meet with Council
members individually. She noted that they met with Mayor Roth, Councilman Jacobi, and
Councilman Sanz. She explained that Councilman Rosenfield refused to meet with them.
Councilman Rosenfield noted that was untrue and reported that she has never refused to
meet with anyone. Ms. Cellini also noted that they did not meet with Assistant Mayor Berlin,
since he canceled three meetings.
Councilman Rosenfield noted that she returned a call from Ms. Cellini to schedule a
meeting, but never heard back from her. Ms. Cellini agreed, but advised that she is
speaking about a meeting before the Charter amendment was drafted.
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Ms. Cellini requested additional time to speak. Mayor Roth noted that the Budget Meeting is
scheduled. Mr. Wolpin recommended that the meeting be adjourned for the advertised
Second Budget Hearing. He noted that Ms. Cellini has been given three minutes to speak.
Councilman Rosenfield suggested that at the end of the Second Budget Hearing that Ms.
Cellini be given additional time to speak.
Mr. Treppeda announced that the Second Budget Hearing is being held at the Sea View
Hotel, since the elevator and air conditioning at Village Hall are broken.
The meeting was temporarily adjourned at 5:07p.m.
The meeting was reconvened at 5:22 p.m., after the Second Budget Hearing. The following were
in attendance:
Mayor Seymour "Sy" Roth
Assistant Mayor Howard J. Berlin
Councilman Joel S. Jacobi
Councilman Jean Rosenfield
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, CMC, Village. Clerk
Andrea Greenblatt, Admin. Assistant
David M. Wolpin, Village Attorney
Councilman Rosenfield clarified for the record that she met with Dr. Krop and several
residents of the community at Village Hall, which Dr. Krop has confirmed. She noted that
she has never refused to meet with anyone. Ms. Cellini reported that Dr. Krop has just
advised her of that and explained that she wasn't aware of the meeting, since she wasn't
there. She apologized for any error. Ms. Cellini clarified that when she approached
Councilman Rosenfield last week she was very willing to meet with the Coalition.
Ms. Cellini advised that the Coalition met with the Councilmembers individually to discuss
the issue of the impending high-rise at the Shops and to ask the Council to initiate a
Charter amendment, to cap the height. She reported that none of the Councilmembers she
met with were willing to do that. She explained that she then asked Mr. Treppeda if the
Village would initiate a Charter amendment. Ms. Cellini discussed other cities that have
done so. She explained that the Coalition had no choice but to draft a Charter amendment,
because the Village wouldn't, even though the Coalition expressed that many residents had
a desire to see a height restriction placed in the Village. She reported that no homeowners
were targeted and that the only area they were concerned about at that time was the West
side of Collins Avenue. She discussed a report prepared by Michael Miller, Village Planner,
in 2000 that reviewed the buildings on the West side. She explained that the report
suggested that area be rezoned, due to crumbling buildings, etc. and that new development
would be beneficial to the Village. Ms. Cellini noted that the Coalition's intention was to cap
the height, specifically for the West side of Collins Avenue, so the views from the ocean
would be preserved and the residential area on Park Drive wouldn't be shadowed. She
explained that the zoning on the West side of Collins Avenue is identified strictly by stories
(three stories). She discussed "stacked" development, which looks like three stores, but is
really 60-65 feet high (6 stories). Ms. Cellini reported that they didn't want to see that
happen in the Village, which is what they had in mind, when they defined a story as 11 feet.
Ba1 Harbour Village Regular Council Meeting Minutes 09/19/2006 9
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She explained that they now realize that has affected other properties that may have to be
redeveloped, due to damage, or for the Shops to expand horizontally. She clarified that
wasn't their intention and that they will support anything that would cure that problem. Ms.
Cellini noted that they don't want to see the Charter amendment fail, because of that one
problem that can be cured by the Council.
Gabriela Webster, resident— 30 Park Drive, thinks the issue is the development on the
West side and the concern is the residential buildings. She suggested a review of the
historical value of buildings and discussed the MIMO architecture in the Village. Ms.
Webster doesn't want to tie any property owner's hands regarding their present, past, or
future. She thinks the Council can be proactive with the issues concerning height,
construction, and retaining some of the beautiful properties.
Babak Raheb, resident - 128 Balfour Drive, applauded the Council for not considering
the ordinance proposed by the Shops. He thinks an ordinance can be passed for pre-
existing conditions, etc. to protect the height for current buildings.
Mr. Raheb reported that the County will remove the signs in Surfside within 10 days, since
Surfside has not. He noted that he has also spoken with the DOT Attorney, who has
advised that the sign on 96th Street will be removed. Mr. Raheb explained that Surfside
can't give tickets or block the street. He reported that if they do block the street, then the
County will take legal action. The Council applauded Mr. Raheb for his assistance.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Rosenfield and seconded by Councilman Sanz to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 5:34 p.m.
M. "or Seymour Roth
Attest:
Ellisa Horvath, CMC
Village Clerk
Bal Harbour Village Regular Council Meeting Minutes 09/19/2006 10