HomeMy Public PortalAbout2009-06-16 Regular Meeting315
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - JUNE 16, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 16, 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 7:00
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
Michael Popok, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mr. Popok.
Mayor Rosenfield requested that the Special Presentations be done.
SPECIAL PRESENTATIONS:
Officer of the Month for May 2009: Chief Tom Hunker presented Officer
John Fruchey with the Officer of the Month plaque, for May 2009.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: None.
4. SPECIAL PRESENTATIONS: This item was done earlier in the meeting.
5. CONSENT AGENDA: Mr. Treppeda requested the removal of Tab E from
the Consent Agenda. He requested approval for the following items:
Tab B: Approval of Minutes:
February 24, 2009 Workshop Meeting
March 4, 2009 Workshop Meeting
March 26, 2009 Special Meeting
April 13, 2009 Special. Meeting
May 14, 2009 Special Meeting
May 19, 2009 Regular Meeting
Tab C: $5,000.00 in Police Forfeiture Funds for the Purchase of Police Canine
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Training Aids
Tab D: $229,842.05 in Resort Tax Funds ($88,570.00 for Stock Photography Photo
Shoot, $29,933.25 for B-Roll, $50,000.00 for Virtuoso Destination
Membership and Virtuoso Specific Advertising, $41,500.00 for Latin
American FAM Trips for 16 Journalists, $12,000.00 for Local Food and
Beverage Group Solicitation and Public Relations, and $7,838.80 for Director
of Tourism Office Furniture)
Tab F: $15,818.00 for Construction Depot for Exterior Repairs and Painting of
Designated Village Hall Areas
Tab G: $21,000.00 for Lukes' Landscaping to Replace/Add Plants on the Beach,
including 3,500 Sea Oats
Tab H: $6,699.00 for Guarantee Floridian to Tent Village Hall, the Annex Building,
and the Covered Walkway
A motion was offered by Assistant Mavor Blachar and seconded by Councilman Sanz to approve
the Consent Agenda, with the exception of Tab E. The motion carried (5-0).
Discussion of Tab E — Motion Approving Ratification of Special
Master Appointment: Assistant Mayor Blachar announced that she would abstain from
voting on this item and left the room.
The Council considered ratification of Mr. Treppeda's appointment of Valerie Rennert as a
Special Master for Bal Harbour Village, for a one-year term.
Dina Cellini, 211 Bal Cross Drive, spoke in favor of appointing Ms. Rennert as a Special
Master.
A motion was offered by Councilman Sanz and seconded by Councilman Packer to ratify Mr.
Treppeda's appointment of Valerie Rennert as a Special Master. The motion carried (4-0), with
Assistant Mavor Blachar absent
Assistant Mayor Blachar returned to the meeting.
6. PUBUC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Resolutions/Public Hearings: None.
7. ORDINANCES FIRST READING/PUBLIC INPUT: The following
ordinance was read by title by the Village Clerk:
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AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, AMENDING
SECTION 194 "PARING IN P OFF-STREET PARKING DISTRICT AND ON
HERMAN B. FULTZ BRIDGE" OF ARTICLE ONE "IN GENERAL" OF CHAPTER
19 "TRAFFIC AND MOTOR VEHICLES" OF THE VILLAGE CODE BY
PROVIDING FOR THE CREATION OF A PARKING METER FEE SCHEDULE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN '1HI
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Treppeda explained that the Ordinance establishes the Council's ability to set parking
meter fees.
Babak Raheb -128 Balfour Drive, questioned the lot hours. Mr. Treppeda explained that
the Department of Transportation agreed to the operating hours requested by the Village.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve. The
motion carried (5-0), with the role call vote as follows: Mayor Rosenfield ave; Assistant Mayor
Blachar aye; Councilwoman Cohen ave; Councilman Packer aye; Councilman Sanz ave.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:.
Florida International University (FIU) Request for
Contribution to be a Presenting Sponsor for the Premier Event of the Prestige
Cultural Series: Jan Solomon, Development Officer- F/U, discussed cultural events in
support of Village residents that attend the events and classes. She requested a
contribution of $3700.
Mayor Rosenfield discussed the budget crunch and upcoming budget process. Assistant
Mayor Blachar suggested that the Village match the $2500 that was given last year, due to
upcoming budget constraints.
A motion was offered bv Assistant Mayor Blachar and seconded by Councilman Sanz to approve a
$2,500 contribution. The motion carried (5-0).
Discussion of Bal Harbour Village Beach Erosion — Brian
Flynn, Miami -Dade County DERM: Mr. Flynn reported that sand is being placed on
the beach and discussed the process. He estimated completion of the project in mid -
August.
Mr. Flynn addressed the concerns of the Bal Harbour Citizens Coalition and explained that
the critically eroded areas of the beach are being addressed first (parts with vertical cliffs).
He explained that the permit is for a larger area, to include future projects. He discussed
the working hours, to alleviate any problems with beach use. Mr. Flynn added that
Inspectors are in the field to address problems. Councilwoman Cohen noted that the
project looks gorgeous and is very noticeable.
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Neil Alter, 9801 Collins Avenue, congratulated Mr. Flynn on the initiation of the project.
He discussed a future commitment for the southern portion and noted that he thought that
the current project would include the entire beach.
Mayor Rosenfield noted that the north portion of the beach was done as a special project,
in response to resident requests. Mr. Flynn added that it was an emergency project to
protect the dune system. He clarified that The Army Corp project will restore the entire
beach, which is a larger separate project.
Elsa Gotman, 9601 Collins Avenue, discussed problems with walking on the beach road
and suggested smoothing the sand. Councilwoman Cohen reported that the tires from the
trucks are creating "ditches." Mr. Flynn will make sure that is addressed.
Marjorie Schell, 9801 Collins Avenue, discussed the great job at the north end of the
beach and future plans to restore the beach.
Anamarie Kelly Stoppa, 77 Camden Drive, questioned who owns the beach and who has
the obligation (contract, etc.).
Mr. Flynn explained that the land east of the seawall is State owned and the County is
responsible for the maintenance of the beaches (funded by County and State). He
discussed the use of trucking projects as band aids, until the larger Corps project is done.
Babak Raheb, 128 Balfour Drive, questioned if the permit will cover beach loss from
hurricanes, etc.
Mr. Flynn reported that is taken into account and discussed the process. He is hopeful that
the worst areas have been addressed, but noted that if additional areas are found then the
existing permit can be used for 10 years. He doesn't anticipate an area reaching a critical
stage before being addressed. Mr. Flynn will attend the July meeting.
Consideration of Appointment of Member to the Police
Retirement Board: Mayor Rosenfield reported that the following three resumes were
received from Village residents in response to solicitation of a position available on the
Police Retirement Board: Daniel Gold, Dr. Lois P. Krop, and Stephen H. Shulman.
Brian Mulheren, 10245 Collins Avenue, spoke in favor of Dr. Krop.
Dr. Lois Krop, 9601 Collins Avenue #1710, discussed her resume.
Daniel Gold, 182 Bal Bay Drive, discussed his resume.
Stephen H. Shulman was not in attendance.
Dr. Abraham Gotman, 9601 Collins Avenue, Police Pension Board Member, spoke in
favor of appointing Dr. Krop.
Doug Rudolph, 212 Bal Bay Drive, spoke in favor of appointing Mr. Gold.
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Babak Raheb, 128 Balfour Drive, questioned requirements to serve on the Board. Mr.
Weiss reviewed the requirements of being a resident. Mr. Raheb spoke in favor of
appointing Dr. Krop.
Mr. Gold responded to comments on citizenship.
Dr. Gotman discussed Police Pension Board Member Lois Evans not being a resident.
Detective Paul Eppler, Police Pension Board Member, explained that two members are
elected by the Police Department, two members are appointed by the Council, and the fifth
person is selected by the other four and does not have to be a resident.
A motion was offered by Assistant Mavor Blachar and seconded by Councilman Sanz to appoint
Daniel Gold to the Police Pension Board. The motion carried (5-0).
Authorization for Village Attorney to Collect Overdue Security
Assessments: Mr. Treppeda requested authorization for the Village Attorney to take the
appropriate action in accordance with Village Code Section 18-120, to collect overdue
Security Assessments.
A motion was offered by Assistant Mavor Blachar and seconded by Councilman Packer to
authorize the Village Attorney to Collect Overdue Security Assessments.
Anamarie Kelly Stoppa, 77 Camden Drive, discussed the history of the security district.
She doesn't believe the entire process is legal to collect or lien people. She suggested that
the issue be clarified if the district exists legally, etc. Mr. Weiss discussed the issue and will
address the issues raised by Ms. Stoppa with the Councilmembers individually.
Dina Cellini, 211 Bal Cross Drive, suggested that parameters be established determining
the amount of money that can be spent by the Attorney to address the assessments. Mr.
Weiss will work with the Village Manager and review each account for determination on
proceeding. Mayor Rosenfield discussed the lien process. Mr. Treppeda clarified that all
legal fees will be charged to the security district fund, not the general fund.
Neil Alter, 9801 Collins Avenue, questioned the nature of the lawsuit involving Mr. Raheb
and if it related to the Security District. Mr. Weiss reported that it involved the validity of the
Security District overall. Mr. Alter questioned if the fees were a concern of Mr. Raheb. Mr.
Weiss suggested that Mr. Alter speak with Mr. Babak concerning that. He reviewed Village
Code Section 18-120 explaining that attorney fees can be collected from the person they
are pursuing.
The motion carried (5-0).
Update on Redistricting: Mr. Treppeda suggested receiving a
proposal from an expert that specializes in redistricting, which can be presented in
September.
Babak Raheb, 128 Balfour Drive, questioned the cost for an expert. Mr. Treppeda
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estimated it to be approximately $7500. Mr. Raheb doesn't think the money needs to be
spent to do that.
Mayor Rosenfield spoke in favor of the Village using a professional. Mr. Treppeda will
provide a proposal to the Council.
Update on Bus Shelters: Mr. Treppeda discussed a bus shelter
designed by BMW, which was reviewed by him, Councilman Sanz and the Village
Landscape Architect. The design will be presented to the Council in September.
Councilman Sanz thinks that the residents will be pleased with the new design. He reported
that he has requested that a model be placed in front of the Bellini. Mr. Treppeda reported
that the new shelters will not have a rusting problem.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of June 16, 2009: A list of
Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY: No items were discussed.
D. MAYOR AND COUNCIL: No items were discussed.
10. OTHER BUSINESS:
Neil Alter, 9801 Collins Avenue, questioned the status of the red-light cameras. Chief
Hunker discussed various setbacks including possible Florida statutes and the approval
from private property owners for installation.
Babak Raheb, 128 Balfour Drive, questioned if landowners are being compensated for
the use of their land. Chief Hunker reported that they are not.
Mr. Weiss discussed the lawsuit fled against Aventura which installed the cameras.
Councilwoman Cohen questioned if people will be warned prior to violations being issued.
Chief Hunker discussed signage and a violation period.
Dina Cellini, 211 Bal Cross Drive, suggested that any newsletter issued near the 2011
Election be done after the Election or not have an incumbent featured.
Councilman Packer thanked the public for their attendance at the meeting and thanked the
Village Manager and Public Works Department for the water fountain on the beach.
Mayor Rosenfield discussed the proclamation she presented at the Shul to Village
residents Monroe and Judy Milstein, who donated a fully equipped ambulance to
Jerusalem.
Assistant Mayor Blachar discussed the Miami -Dade County League of Cities Dinner
Meetings and offered to serve as the Village's representative on the Board of Directors.
Mayor Rosenfield requested that the item be discussed at a later time.
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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 8:07 p.m.
Attest:
Ellisa L. Horvath,illage Clerk
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