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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 Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 1 314 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: Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 2 515 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. Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 3 316 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. Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 317 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 Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 5 318 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. Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 6 319 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 Bal Harbour Village Regular Council Meeting Minutes 06/16/2009 7