HomeMy Public PortalAbout2010-05-25 Regular Meeting436
BAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - MAY 25, 2010
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 25, 2010,
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 7:24
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, MMC, Village Clerk
Andrea Greenblatt, Administrative Assistant
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the
Local Planning Agency Meeting.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS:
Mr. Treppeda requested to add an item to the consent agenda that no Council meeting be
held in August.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to add the
no meetinz in August item to the Consent Agenda. The motion carried (5-0).
4. SPECIAL PRESENTATIONS:
Special Introduction of Lawrence Staab, Son of Robert J. Staab, Bal
Harbour Police Lieutenant Killed in the Line of Duty in 1957: Chief Hunker
presented Mr. and Mrs. Staab with a memorial plaque and several archival items. Mr. and
Mrs. Staab addressed the Council
Officers of the Month for April 2010: Chief Hunker presented Captain
Michael Daddario and Office Hector Gonzalez with the Officer of the Month plaques.
Chief Hunker announced the Grand Opening of the Police Communications/Operations
Center at the Bal Harbour Shops on May 26, 2010 at 10:00 a.m.
Councilman Packer commended the Chief and Police Department on the county -wide DUI
(Driving while Under the Influence) checkpoint, at 96th & Collins/Harding Avenue.
Mayor Rosenfield introduced Brian Flynn, DERM.
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Mr. Flynn discussed the possibility of seeing signs of the oil spill from the Gulf in Bal
Harbour and reported that the situation was being monitored. He distributed brochures
showing the protocol to follow if tar balls are seen. He urged people not to remove the.
samples themselves, since they are considered hazardous waste. He discussed the
ongoing coordination.
Babak Raheb, 128 Balfour Drive, discussed the upcoming hurricane season and urged
the Village to have something proactive in place in response to the oil spill.
Mr. Flynn reported that the Village is scheduled for beach renourishment in August,
through the Army Corps of Engineers. He noted that Coastal Systems should be reporting
soon on their study.
5. CONSENT AGENDA:.
Ms. Cellini requested the removal of Tabs D, E, and I, for discussion.
Mr. Treppeda requested approval for the following remaining items on the Consent
Agenda:
Tab B: March 25, 2010 Council Workshop Meeting Minutes and April 20, 2010
Regular Council Meeting Minutes
Tab C: $49,672,000 in Resort Tax Funds ($3,672 for Nomi Pilates: wellness in Bal
Harbour, $36,000 annually for Liaison Group services for marketing in
Mexico, $6,500 for June travel expenses for Mexico City, Buenos Aires and
Sao Paolo, and $3,500 for New York City area media and trade events)
Tab F:
$6,450 to purchase a water meter handheld data collection device and
transfer cradle from Sunstate Meter and Supply, Inc. (the sole -source
supplier)
Tab G: Donation of the surplus Express Bus to Barry University's Broadcast
Joumalism School for use as an instructional aid for their program
Tab H: Sale of Vehicle #268 to Police Department Retiring Mechanic, Alonzo Clark,
for $8,000
Added Item: No Council meeting to be held in August
A motion was offered bvAssistantMavorBlachar and seconded by Councilman Sanz to approve
the items on the Consent Agenda, excluding Tabs D, E, and I. The motion carried (5-0).
Tab D — Motion Approving Expenditure of Police Forfeiture Funds:
Approval was requested for the following items: $108,290 surveillance equipment for VIN
van, $79,155.95 annually for Detective's salary, $2,000 donation to Dr. Michael Krop Sr.
High School Youth Crime Watch Program, $1,000 to sponsor a Britto designed parking
meter to be placed at Bal Harbour Park, and $3,437.50 Engineering fees for Bal Harbour
Shops Station Generator.
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Dina Cellini, 211 Bal Cross Drive, questioned if other Police Department salaries could
be legally charged to the forfeiture fund and if the Detective's other benefits (car, etc.)
would also be charged to the forfeiture fund.
Mr. Treppeda explained that the Detective's salary and benefits would all be charged to the
forfeiture fund. Chief Hunker explained the salaries and benefits that are charged to that
fund. He discussed recent seizures and the guidelines that need to be followed to charge
items to the forfeiture fund.
Chief Hunker reported that the Red Light Cameras would become State Law on July 1,
2010 and explained that certain items would change for the Village due to that (cost for the
ticket and the Village's portion). He discussed the positive aspects of the program for the
Village.
Assistant Mayor Blachar left the meeting.
Babak Raheb, 128 Balfour Drive, clarified that the Village would receive less money for
the violations after July 1st. Chief Hunker agreed.
A motion was offered by Councilwoman Cohen and seconded by Councilman Sanz to approve
Tab D. The motion carried (4-0).
Tab E — Motion Approving Award of Bid to Replace Section of
Concrete Wall Behind Lanai Building Utilizing Security District Funds: Approval
was requested for $29,000 in Security Funds for Gables Grove Construction to repair the
Security District wall behind the Lanai Condo building. The following proposals were
received: $29,000 Gables Grove Construction, $38,700 Dorlom, and $35,000 Authentic
Concrete.
Dina Cellini, 211 Bal Cross Drive, questioned if research was conducted to determine
that the wall was the responsibility of the Security District, since it predated the Security
District formation. Mr. Treppeda reported that the wall provided security for the District, so it
was his impression that the wall belonged to the residents in the Security District. Mr.
Weiss reported that the wall had been historically treated as part of the Security District. He
noted that he had never been asked to look at the ownership of the wall, so it would be up
to the Council to direct it to be researched.
Anamarie Kelly, 77 Camden Drive, noted that the wall on Park Drive was not consistent,
since it was put up by the individual buildings and not by the Security District.
Babak Raheb, 128 Balfour Drive, agreed that the wall was individual to each building and
that the walls pre-existed the gates, etc. He agreed that was not the responsibility of the
Security District.
Councilwoman Cohen reported that the entire wall was in disrepair and needed to be
addressed, not just one portion of it.
No action was taken on this item.
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Tab I — Motion Approving Guaranteed Response Services Contract:
Approval was requested to authorize the Village Manager to enter into an agreement with
Hunter Construction for guaranteed response service, subject to legal review (the
agreement review will be done by Bay Harbor Islands Attorney Craig Sherman, since the
successful bidder is also a client of the Village Attorney's Office). The only response to the
Request for Proposals was received from Hunter Construction Services. The cost for
services would be recovered from the Village's insurance carrier.
Assistant Mayor Blachar returned to the meeting.
Dina Cellini, 211 Bal. Cross Drive, questioned if the Village would pay the outside
attorney. Mr. Weiss explained that Mr. Sherman reviewed the document as a courtesy and
did not charge the Village.
Ms. Cellini noted that Cliff Schulman now works for the Village Attorney and questioned if
he would be appearing before the Council on other items, since he has done that in the
past (as a Lobbyist). Mr. Weiss reported that he would not be appearing before the
Council.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve Tab I.
The motion carried (5-0).
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Resolutions/Public Hearings: The following Resolution was read, by title,
by Mrs. Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ADOPTING AN EVALUATION AND APPRAISAL REPORT (EAR) OF
THE VILLAGE'S COMPREHENSIVE PLAN; STATING THE INTENT OF THE
VILLAGE COUNCIL TO AMEND THE COMPREHENSIVE PLAN BASED UPON
THE RECOMMENDATIONS CONTAINED IN THE EAR; APPROVING
TRANSMITTAL OF THE ADOPTED EAR TO THE DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) IN ACCORDANCE WITH SECTION 163.3191,
FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve the Resolution. The motion carried (5-0); thus becoming Resolution No. 2010-725.
Councilman Packer requested that the minutes from the Local Planning Agency meeting
on May 25, 2010 be included in the comments.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
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8. RESOLUTIONS: The following Resolution was read, by title, by Mrs.
Horvath:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA (THE "VILLAGE") AMENDING RESOLUTION NO. 2009-710
APPROVING THE LEASE AGREEMENT BETWEEN THE VILLAGE AND THE
BAL HARBOUR SHOPS, LLLP FOR THE LEASE OF SPACE WITHIN THE BAL
HARBOUR SHOPS FOR VILLAGE POLICE STATION USE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Treppeda recommended approval and explained that the resolution clarified that the
$400,000 would be for construction costs, not including interest.
Dina Cellini, 211 Bal Cross Drive, questioned if the Village would now be paying. the
construction costs up front. Mr. Weiss explained that the lease agreement was not being
changed and clarified that the original Resolution limited the amount to $400,000 (including
interest) and the proposed resolution would change that. He explained that it would still be
paid on a monthly basis.
Babak Raheb, 128 Balfour Drive, questioned if the build -out was in lieu of rent.
Councilman Packer advised that it was. Mr. Raheb requested clarification. Mr. Weiss
explained that the terms of the lease would not change and that the contract was clear that
the $400,000 would be paid out on a monthly basis.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the Resolution. The motion carried (5-0); thus becomin, Resolution No. 2010-726.
9. REPORTS:
A. VILLAGE MANAGER:
Discussion of Landscape Maintenance in the Security District:
Mr. Treppeda explained that he met with the Civic Association regarding the issue of the
Village providing landscape maintenance in the Security District. He reported that Stuart
Sobel, President of the Bal Harbour Civic Association, would be meeting with his Board. He
distributed and read a letter received from Mr. Sobel.
Councilwoman Cohen understood Mr. Sobel's point that the practice had been in place for
many years. She spoke in favor of researching the reasons for that and discussing if the
Village wanted to continue doing that or not.
Councilman Packer discussed the condos that are in the Village now that didn't exist years
ago, which is probably why the practice was done. He clarified that the Village didn't take
care of landscaping on the East side (of Collins Avenue). He spoke in favor of exploring the
issue and requested input from the residents.
Beth Berkowitz, 10160 Collins Avenue, discussed the plat showing that her building was
in the residential section of Bal Harbour. She thinks that the Security District and the
Residential District are the same. She clarified that the west side of Collins Avenue was
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deeded and platted as the residential section. She read comments from the Raheb
Attorney/Client Sessions. Ms. Berkowitz noted that the issue had been an ongoing problem
that all the taxpayers' dollars had been paying for the maintenance, but could not use the
areas in there. She suggested that refund be demanded on the taxes that had been used
to pay for the maintenance of the Security District. She noted that it was an illegal entity
and needed to be addressed.
Babak Raheb, 128 Balfour Drive, didn't think that it was the Council's responsibility to
determine if the people on the West side were part of the District. He suggested separating
the taxes collected from the Security District homes, to determine that it was more than the
rest of the population. He clarified that the homes were the main tax base for 60 years.
Mayor Rosenfield suggested that Mr. Babak speak to Mr. Treppeda regarding the statistics.
Anamarie Kelly, 77 Camden Drive, reported that the Village was .cutting grass and
budgeting money for landscaping for private property. She discussed the plat. She
questioned the terms of the settlement agreement with Mr. Raheb. She discussed the
property owned by the individual residents. She didn't think that the Civic Association had
any power.
Phil Corbisiero, 63 Bal Bay Drive, recommended that the issue be researched and
corrected if it was wrong. He discussed the possible loss of Village employees, if the
Security District provided its own landscaping, which he would be against. He spoke
against doing anything immediately and requested that the issue be researched to
determine redirection of jobs, if necessary.
Mayor Rosenfield reported that it was not the intention of the Council for employees to.
loose their jobs. She discussed the possibility of redirecting jobs.
Guy Kurlandski, 70 Camden Drive, reported that the houses amount to 38-39% of the
taxes. He noted that there wasn't any landscaping, just grass, and very basic maintenance
in the Security District. He didn't understand what the people perceived that the Security
District residents were getting.
Assistant Mayor Blachar discussed Mr. Sobel's request and spoke in favor of finding out
why the Village has done the landscaping, since it has been in place for 62 years. She
noted that if it needed to be changed, then it would be addressed and done with
procedures, but not immediately. She discussed the meeting scheduled with the Civic
Association next week and suggested tabling the issue.
Councilwoman Cohen discussed the elementary landscaping inthe area and the lack of a
system in place to provide the proper landscape maintenance. She spoke in favor of the
area being landscaped properly and to determine who would pay for that. Mayor
Rosenfield thinks that would be a discussion for the people who owned the homes in the
district.
Councilman Packer suggested that the Village Attorney prepare a document with
background/facts/figures to open it up to full discussion/workshop to get to the basic core
of the question. Mayor Rosenfield questioned if an ordinance should be prepared that
would propose a change. Assistant Mayor Blachar recommended that the Civic Association
meet first to decide what they would like to do and notice their residents so they could
participate in the discussion.
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44.
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Councilman Packer questioned if the Security District repaired its own roads. Mr. Treppeda
advised that it did, which was paid through an assessment. Councilman Packer spoke in
favor of a full discussion, which would not be done overnight.
It was the consensus of the Council for Mr. Treppeda and Mrs Horvath to prepare a staff report
regarding the history of the landscape maintenance in the Village and for Mr. Weiss to look into
the legal part of it. The Council would also like to hear from the Civic Association. This item will
be discussed in September.
Discussion of Increasing Fees for Business Tax Receipts:
Approval was requested to increase the Business Tax Receipt fees by 5% and to provide
clarification in the Code.
A motion was offered by Councilman Packer and seconded by Councilman Sanz to approve an
ordinance to be prepared for the recommended changes The motion carried (5-0).
B. VILLAGE CLERK:
Lobbyist Registration Report: As of May 25, 2010: A list of
Lobbyists registered with the Village was provided in the agenda.
Selection of Budget Public Hearing Dates: The Council was
requested to consider dates for the Budget Public Hearings in September.
Mayor Rosenfield discussed dates for the Second Budget Workshop Meeting.
It was the consensus of the Council to schedule the Second Budget Workshop Meeting for
Tuesday, July 20, 2010, at 6:00 p.m.
The Council discussed dates for the Budget Public Hearings in September.
A motion was offered bvAssistant Mayor Blachar and seconded by Councilman Sanz to schedule
the First Budget Hearing for Tuesday, September 14, 2010, at 5:01 p.m. and to schedule the
Second Budget Hearing for Tuesday, September 21, 2010 at 5:01 p.m. The motion carried (5-0).
C. VILLAGE ATTORNEY:
Discussion of Home -Based Business Occupations within
Residential Zoning Districts: Mr. Weiss provided a draft ordinance in the agenda, which
would allow home -based businesses and requested direction from the Council. Mr.
Treppeda recommended proceeding with the ordinance.
Anamarie Kelly, 77 Camden Drive, spoke against allowing home -based business in the
residential section, since it had never been allowed. She reported that she provided Chief
Hunker with a list of residents that had a corporation listed with their home address,
including Councilwoman Cohen. She expressed concern on who would police people
coming in and out, etc.
Doug Rudolph, 212 Bal Bay Drive, spoke in favor of allowing home -based businesses,
with the suggested restrictions to conduct business over the telephone and computer and
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limiting traffic to a minimum.
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Guy Kurlandski, 70 Camden Drive, spoke against Ms. Kelly claiming 77 Camden Drive
as her home.
Brian Mulheren, 10245 Collins Avenue, read the minutes from the prior Council meeting
showing that the motion to prepare an ordinance was defeated 0-4. He questioned who
directed Mr. Weiss to prepare and discuss the ordinance. Mr. Treppeda advised that he
directed the Village Attorney to prepare the ordinance, since Mr. Abbott was not as familiar
with the Village Code, and the Council requested Mr. Weiss to look at it.
Assistant Mayor Blachar discussed the residents who are operating illegally, since the
Village doesn't provide a category for home -based businesses.
Mr. Weiss explained that after the last meeting it was his impression that the Council
wanted more information and he determined that the best way to do that was to provide a
draft ordinance for the Council to consider. He clarified that it was up to the Council
whether or not to proceed.
A motion was offered by Councilman Packer to table the item for further discussion. The motion
died, due to the lack of a second
A motion was offered by Councilwoman Cohen and seconded by Assistant Mayor Blachar to
direct the Village Attorney to place the Ordinance on the agenda for first reading. The motion
carried (4-1), with Councilman Packer voting no.
Babak Raheb, 128 Balfour Drive, spoke against Councilwoman Cohen voting on the
issue, since she directly benefitted from it. Mr. Weiss discussed the meaning of a conflict.
Mayor Rosenfield noted that the motion stood and was legal according to Mr. Weiss. She
clarified that the vote was only to place the Ordinance on the agenda for First Reading, not
to approve it.
Albert Benzrihem, 10275 Collins Avenue, spoke in favor of the Village moving into the
21st century and didn't see a conflict with Councilwoman Cohen voting or making a motion
on the issue.
Assistant Mayor Blachar agreed that the times had changed and noted that there were
businesses that existed in homes that were in violation. She read the Draft Ordinance and
the suggested restrictions. She spoke in favor of the ordinance.
Babak Raheb, 128 Balfour Drive, discussed problems with allowing home -based
businesses. He thinks that Councilwoman Cohen had a conflict and that the issue should
have been tabled.
D. MAYOR AND COUNCIL:
Mayor Rosenfield commended the Police Department for their quick response time. She
discussed the recent loss of her husband. Councilman Packer also complimented the
Police Department, who usually arrived before EMS.
Councilwoman Cohen discussed the request by residents to voice their opinion on the new
bus shelter design. Mayor Rosenfield reported that the issue was voted on at the last
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444 meeting, the new design was approved (4-1), and the design would be going before the
Architectural Review Board. She reported that the issue had been decided, unless the
Council rescinded its action. She discussed the numerous meetings held regarding the
issue.
Guy Kurlandski, 70 Camden Drive, reported that his postcards had been arriving after
the meetings, but he saw the issue in the newsletter. He spoke against the new design,
which he thought was too large, was architectural overkill, and would damage the
aesthetics of the Village.
Colleen Kleepak, 291 Bal Bay Drive, spoke against the proposed shelters (eye sore,
graffiti, maintenance costs).
Dina Cellini, 211 Bal Cross Drive, clarified that the Council approved a design for the
shelters, but not the size, number, etc. She spoke against Councilwoman Cohen spreading
false facts that the Council had approved 23-foot bus shelters at each stop, which was
wrong. She clarified that the Council would discuss the size, number, etc. when the design
was finally approved.
Councilwoman Cohen reported that the Village currently had seven shelters and she didn't
think that the Council would approve less than that. She did not believe that she was
providing false information.
Betsey Bystock, 80 Park Drive, discussed maintenance, graffiti, etc. She spoke in favor
of the existing shelter design, which was un-obtrusive, low maintenance and blended in.
She suggested replacing the existing shelters with the same design.
Mary Harris, 260 Bal Cross Drive, spoke in favor of the existing shelter design, which the
police could monitor easily. She discussed never receiving notification of a workshop, etc.
Jana Falic, 150 Harbour Way, did not receive any meeting notification, but spoke to an
Architectural Review Board Member. She spoke against the new design (increased
loitering, police would have to monitor more closely, graffiti, etc.). She spoke against using
anything that could be damaged and spoke in favor of enhancing the shelters.
Babak Raheb, 128 Balfour Drive, spoke in favor of replacing the shelters, but spoke
against using glass, due to the generation of heat.
Nina Rudolph, 212 Bal Bay Drive, urged people to go to the Architectural Review Board
meeting to voice their opinion.
Sylvia Delgado, 291 Bat Bay Drive, discussed the cost and suggested using the money
for something else. Mayor Rosenfield explained that the Village would be receiving a
Federal grant and the money had to be used for bus shelters. Assistant Mayor Blachar
explained that the Village may need to pay more than the amount of the grant. Mayor
Rosenfield agreed, but noted that the Village also budgeted for that item.
Penny Sepler, 10275 Collins Avenue, questioned how much more it would cost. Mayor
Rosenfield explained that it would depend on the design and explained that the Village was
trying to stay within the limits of the grant. Ms. Sepler questioned the reason they were
being replaced. Mayor Rosenfield explained that they were falling apart. Councilwoman
Cohen suggested that they be replaced with the same design. Penny doesn't think that the
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current shelters stick out, etc.
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Albert Benzrihem, 10275 Collins Avenue, spoke about the un-obtrusiveness of the
current bus shelters, etc. He spoke against the size of the proposed shelters and spoke in
favor of having something that looked nice but didn't overshadow the character of the
Village.
Brian Mulheren, 10245 Collins Avenue, spoke against discussion of the item, since it
was not placed on the agenda and a Councilperson rallied people to attend. He explained
that the item was discussed numerous times and the need to correct the lack of protection
of the current shelters.
Councilman Sanz discussed the need for shelters that provide protection. He urged the
residents to think of other people and to be global.
Assistant Mayor Blachar agreed with Councilman Sanz that the item had been discussed
many times and there was ample opportunity for the public to provide comment. She urged
residents to attend the Architectural Review Board meeting to voice their opinion. She
clarified that the Council still had the issue of the number and size of the shelters. Assistant
Mayor Blachar urged residents to look at the meeting agendas that were provided online.
Councilman Packer clarified that the shelters would not be larger than the existing, were
designed by a designer, would be as unobtrusive as the current ones, and would provide
more protection. He didn't think that the Village had a problem with graffiti. He reported that
the item would now go to the Architectural Review Board to decide which way to go.
10. OTHER BUSINESS:
Public Comment:
Mayor Rosenfield discussed the recent contributions by the Village's Police Department to
the Dade County Most Outstanding Students and to the Dr. Michael Krop Sr. High School
Youth Crime Watch Program.
Sara Sheridan, 160 Bal Cross Drive, spoke in favor of the Pilates and health/wellness
program and urged that it be continued by the Village.
Assistant Mayor Blachar discussed a loose dog in the neighborhood that bit a person in the
neighborhood. Chief Hunker reported that the dog was being removed from the
neighborhood by the owner. He reported that the same dog bit another dog in the
neighborhood, but a report was never made on the incident. He requested that the police
be notified if there was an incident, so that it could be documented.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mavor Blachar and seconded by Councilwoman Cohen to adjourn. T,Jzynotion carried
(5-t) and the meeting adjourned at 9:57 p.m.
Attest:
Ellisa L. Horvath, Imo, Village Clerk
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