HomeMy Public PortalAbout2009-09-15 Regular Meeting340
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - SEPTEMBER 15, 2009
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September 15,
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 Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, CMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Daniel L. Abbott, Village Attorney
Absent: Councilman Martin Packer
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
Second Budget. Hearing.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: This item was
discussed under Consent Agenda.
4. SPECIAL PRESENTATIONS:
Officer of the Month for July 2009: Chief Tom Hunker presented Officer
Ramon Fernandez with the Officer of the Month plaque, for July 2009.
Mayor Rosenfield announced that the complete Council agendas are now available online.
Mayor Rosenfield introduced Patricia Bradley, ONE Bal Harbour Resort & Spa. Ms. Bradley
introduced Juan Arevalo and Jorge Arevalo, Owners, and Charly Assaly,
President/Managing Director. Mr. Jorge Arevalo and Mr. Assaly discussed working closely
with the community and thanked the Village for their support.
5. CONSENT AGENDA: Mr. Treppeda requested that the Sale of Surplus
Police Vehicles and Replacing Council Chairs (up to $7,500) be added to the Consent
Agenda. It was the consensus of the Council to add the requested items to the affenda.
Dina.Cellini requested the removal of Tab D and Tab J.
Mr. Treppeda requested approval for the remaining items on the Consent Agenda.
Bal Harbour Village Regular Council Meeting Minutes 09/15/2009 1
Mayor Rosenfield discussed the Donation to the Young Men's Academy for Academic and
Civic Development at MacArthur -South, listed under Tab C.
Terry Nelson, spoke regarding the Police donation. Cynthia Valdes, Principal, and
Debbie Arales, Chair of Positive Behavior Support, provided a presentation on the
program.
A motion was offered by Assistant Mavor Blachar and seconded by Councilman Sanz to approve
the items on the Consent Agenda, including the two items added by Mr. Treppeda and excluding
Tab D and Tab J. The motion carried (4-0).
Tab D - Motion Approving Donation Earmarked for the Wounded
Warrior Foundation:
Dina Cellini, 211 Bal Cross Drive, questioned why Glades County isn't making the
donation directly to the Foundation. Chief Hunker explained that Glades County is giving
$20,000 to Bal Harbour, for Detective O'Keefe to donate, so he can be recognized for the
donation.
Neil Alter, 9801 Collins Avenue, suggested donating more than $10,000 to the Young
Men's Academy for Academic and Civic Development at MacArthur -South. Chief Hunker
explained that there is another opportunity school that he would like to visit and recommend
donating to.
A motion was offered by Assistant Mavor Blachar and seconded by Councilman Sanz to approve
Tab D. The motion carried (4-0).
Tab J - Motion Approving Proposal to Repair Damaged Median
Pavers: Dina Cellini, 211 Bal Cross Drive, questioned if Resort Tax funds will be used.
Mr. Treppeda recommended approval, with resort tax funds:
A motion was offered by Assistant Mavor Blachar and seconded by Councilwoman Cohen to oat,
Tab J with Resort Tax funds. The motion carried (4-0).
Assistant Mayor Blachar suggested ordering extra pavers and discussed a large pothole in
front of ONE Bal Harbour. Mr. Treppeda reported that is being addressed.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
Tab J. The motion carried (4-0).
Mayor Rosenfield read an update on the beach from Brian Flynn, DERM.
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: The following ordinance
was read by title by the Village Clerk:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
Bal Harbour Village Regular Council Meeting Minutes 09/15/2009 2
341
'342
VILLAGE CODE BY AMENDING CHAPTER 10 "MARINE STRUCTURES,
ACTIVITIES AND WAYS", BY AMENDING ARTICLE II, "USE OF PUBLIC
BEACHES", SECTION 10-31 "PROHIBITED ACTS", AND SECTION 10-32
"PROHIBITIONS; MOTORBOAT RESTRICTED ZONES", PROHIBITING THE
RENTAL OF MOTORBOATS OR PERSONAL WATERCRAFT OR
ESTABLISHMENT OF CONCESSIONS RENTING MOTORBOATS OR
PERSONAL WATERCRAFT ON THE PUBLIC BEACH; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the item for public discussion.
Dina Cellini, 211 Bal Cross Drive, questioned if the ordinance will preclude the use of a
motorized vehicle by concession staff for people on a banana boat, because she doesn't
think that's clear under the proposed ordinance. Councilwoman Cohen doesn't think that
would be allowed. She expressed concern about the negative impact the ordinance would
have for guests in hotels and thinks the Village is being short-sighted. Mayor Rosenfield
discussed prior meetings held on the issue resulting in the consensus that residents don't
want to allow motorboats. She understands what Ms. Cellini is saying, but explained that
the intent is that motorboats not be allowed. Mayor Rosenfield suggested that the
Ordinance be amended later, if necessary. Mr. Abbott believes that the Ordinance
precludes that kind of activity and agreed that it could be amended later.
There being no additional comments, Mayor Rosenfield closed the public discussion.
A motion was offered by Councilman Sanz and seconded by Assistant Mavor Blachar to approve
the Ordinance. The motion carried (3-1), with the role call vote as follows: Mayor Rosenfield ave;
Assistant Mavor Blachar ave; Councilwoman Cohen no; Councilman Packer absent;
Councilman Sanz ave; thus becoming Ordinance No. 2009-536.
Resolutions/Public Hearings:
The following resolution was read by title by the Village Clerk:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN
ASSESSMENT ROLL FOR THE SECURITY PROGRAM SPECIAL ASSESSMENT
AREA; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
A motion was offered bvAssistantMavorBlachar and seconded by Councilman Sanz to approve.
The motion carried (4-0), thus becoming Resolution No. 2009-714.
The following resolution was read by title by the Village Clerk:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING
SANITARY SEWER AND WATER RATES FOR THE 2009/2010 FISCAL YEAR;
ESTABLISHING AN EI'JHECTIVE DATE.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
Bal Harbour Village Regular Council Meeting Minutes 09/15/2009 3
A motion was offered bvAssistant Mayor Blachar and seconded by Councilman Sanz to approve.
The motion carried (4-0), thus. becoming Resolution No. 2009-715.
343
7. ORDINANCES FIRST READING/PUBLIC INPUT: The following
ordinance was read by title by the Village Clerk:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
ARTICLE VI "FINANCIAL MATTERS" OF CHAPTER 18 "TAXATION AND
FINANCE" OF THE BAL HARBOUR VILLAGE CODE OF ORDINANCES BY
CREATING SECTION 18-144 "SERVICE CHARGE FOR INFORMATION ON
VILLAGE LIENS" IN ORDER TO PROVIDE A MECHANISM FOR THE VILLAGE
TO IMPOSE A SERVICE CHARGE ON PERSONS SEEKING INFORMATION
REGARDING THE AMOUNT AND STATUS OF VILLAGE CHARGES AND
LIENS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE, PROVIDING FOR AN EFFECTIVE DATE.
Mr. Treppeda explained that most other municipalities have a service charge for the
request of outstanding amounts/liens on properties.
Mayor Rosenfield opened the item for public discussion.
Anamarie Kelly, 77 Camden Drive, spoke against approving the Ordinance, which she
thinks is in violation of State Statute. She discussed her recent requests for outstanding
amounts and suggested that the Ordinance is directed to her.
Mr. Abbot discussed the public records law, which doesn't require a document to be
created, and explained that the Ordinance doesn't change that. He clarified that the
Ordinance provides for an analysis to be done for a charge, which is different than just
providing a public records document.
Dina Cellini, 211 Bal Cross Drive, expressed concern that the Council didn't direct the
Village Attorney to provide the Ordinance and discussed the Council using its legislative
power for a personal agenda against Ms. Kelly. She suggested that the Council think twice
about passing an ordinance that is targeting Ms. Kelly.
Assistant Mayor Blachar and Councilwoman Cohen were unclear on what Ms. Cellini was
speaking of. Assistant Mayor Blachar doesn't think that it's fair for Ms. Cellini to make that
comment and knows that there must be a good reason for the Village Manager to place the
item on the agenda. She agreed that if that is the normal procedure and it takes time from
the employees, then there should be a charge. She clarified that there is not another
reason behind it. Ms. Cellini questioned if it's appropriate for the Attorney to prepare an
ordinance without direction from the Council. Mayor Rosenfield responded that it's very
normal for the Village Manager to direct the Village Attorney to prepare an ordinance. Mr.
Treppeda explained that there may be a perception due to the lien problems that Mrs. Kelly
has been having, but clarified that was not behind the Ordinance. Councilwoman Cohen
clarified that she doesn't have any background relating to Mrs. Kelly's issues.
Chris Wallace, Finance Director, clarified that the Ordinance is not directed at anyone
and explained that the Code needed to be changed to implement a fee that is normal in
other municipalities. He discussed the time required for research of liens, etc. by finance
staff, which he doesn't think the taxpayers should have to pay. He reported that it would
help the Village to protect any interest and collect money. Mr. Wallace reported that it's not
Bal Harbour Village Regular Council Meeting Minutes 09/15/2009 4
344
a public record, but is a service.
Neil Alter, 9801 Collins Avenue, questioned if there is a distinction between charging an
institution or a person. Mr. Abbott explained that the fee would apply to anyone requesting
the information. Mr. Alter questioned the amount of people/institutions seeking information.
Mr. Wallace estimated it to be 20-30 per month, but explained that it's difficult to forecast
because it's affected by change in interest rates, new construction, etc.
There being no additional comments, Mayor Rosenfield closed the public discussion.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve the Ordinance. The motion carried (4-0), with the role call vote as follows: Mayor
Rosenfield ave; Assistant Mayor Blachar ave; Councilwoman Cohen ave; Councilman Packer
absent; Councilman Sanz ave.
Clerk:
8. RESOLUTIONS: The following resolution was read by title by the Village
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ESTABLISHING A PARKING METER RATE SCHEDULE;
PROVIDING FOR IMPLEMENTATION, PROVIDING FOR AN Et'FECTIVE
DATE.
Mayor Rosenfield opened the item for public discussion. There being no comments, Mayor
Rosenfield closed the public discussion.
A motion was offered bvAssistantMavor Blachar and seconded by Councilman Sanz to approve.
The motion carried (4-0), thus becoming Resolution No. 2009-716.
9. REPORTS:
A. VILLAGE MANAGER:
Medical Insurance: Mr. Treppeda explained that the Village went out
to bid for Health Insurance coverage after a proposed 55% increase for the current
insurance plan. He requested approval of Neighborhood Health Partnership HMO (through
United) for General Employees and United Healthcare POS for Police Bargaining
Employees.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve.
The motion carried (4-0).
Update on Bal Harbour Village Beach Erosion: Mayor
Rosenfield provided the update earlier in the meeting.
Request for Approval of Proposal for Seventh Annual Snow
Festival: Assistant Mayor Blachar discussed the expense and requested public comment.
Nobody spoke against the cost. Councilwoman Cohen suggested using the money
elsewhere and suggested doing away with the snow. Assistant Mayor Blachar spoke in
favor of the party, without snow. Councilman Sanz thinks that the children look forward to
Bal Harbour Village Regular Council Meeting Minutes 09/15/2009 5
the snow. Chief Hunker offered to look for private donors for the snow. Mr. Abbott reported
that there is no restriction on seeking private support. Mayor Rosenfield suggested that the
issue be discussed again in October.
Michael O'Quinn, Park Director, suggested keeping the snow. and doing away with the
food, because that's what the kids like.
This item will be discussed at the October meeting.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of September 15, 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: Assistant Mayor Blachar thanked the public
for attending the meeting.
10. OTHER BUSINESS:
Discussion of Liens/Fees on Property — Anamarie Kelly: Ms. Kelly
offered a private donation for the snow festival. She discussed her prior requests, a Federal
lawsuit and the amounts due. She read the Sunshine Amendment Code of Ethics for Public
Officers and Employees and discussed violation of the Code of Ethics by denial to provide
the total amount owed on the property.
Chief Hunker invited the public to attend MADD (Mothers Against Drunk Driving) Moonlight
Madness on October 16 and reported that Lisa Petrillo will serve as MC.
11. ADJOURN: There being no further business, a motion was offered by
Councilman Sanz and seconded by Mayor Rosenfield to adjourn. The motion carried 4-0) and the
meeting adjourned at 8:08 p.m.
Attest:
Ellisa L. Horvath, C
lage Clerk
345
Ba1 Harbour Village Regular Council Meeting Minutes 09/15/2009 6