HomeMy Public PortalAbout2010-09-21 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - SEPTEMBER 21, 2010
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September 21,
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 7:00
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, MMC, Village Clerk
Richard J. Weiss, Village Attorney
Andrea Greenblatt, Administrative Assistant
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: None.
4. SPECIAL PRESENTATIONS: None.
Mayor Rosenfield discussed the upcoming MADD (Mothers Against Drunk Driving) event
and introduced Ms. Mondshein.
Janet Mondshein, MADD Director, discussed the upcoming event and thanked Bal
Harbour for its participation.
5. CONSENT AGENDA:
Mr. Treppeda requested that Tab I be removed.
Anamarie Kelly, 77 Camden Drive, requested that Tab G be removed.
Mr. Treppeda requested approval for the following remaining items on the Consent
Agenda:
Tab A: July 27, 2010 Council Workshop Meeting Minutes
July 27, 2010 Regular Council Meeting Minutes
i ab B:
$26,000 ($5,000 Donation to the Young Men's Academy for Academic and
Civic Development at MacArthur South, $1,000 Donation to the Dade County
PBA Love Fund POAT, $10,000 Donation to Surf-Bal-Bay Police Athletic
League, and $10,000 Donation to Mothers Against Drunk Driving MADD
Fundraising Event) and $1,280 monthly (Lease of Trailer for Specialized
Drug Taskforce Use) and $600 monthly (Lease of Vehicle for Specialized
Drug Taskforce) in Police Forfeiture Funds
Tab C: $4,650 in Police Budgeted Funds to replace outdated Police telephone and
radio recording system and renew maintenance agreement
Tab D: Accept $6,500 ($5,000 United Auto Group, $500 Tri-City Electric, $500
Surfside Business Association, and $500 HSBC Bank) Donation to the Police
Department to help support the Mothers Against Drunk Driving (MADD)
Event
Tab E:
$56,700 in Resort Tax Funds ($2,500 Brazilian Sales & Public Relations
Representative, $16,500 for October and November Trade Shows/Sales
Mission, $10,200 for Video Production for a videographer and spots to run on
PLUM TV)
Tab F: Authorization to execute the Interlocal Agreement with Miami -Dade County
addressing the General Obligation Bond Program
Tab H: $7,900 to purchase Public Works Vehicle #278 from Mears Motor Leasing
Tab J: $6,274 for DeLucca Air Conditioning and Refrigeration to replace the air
conditioning unit at Village Hall
Tab K: $4,200 for Construction Depot to replace the carpet in the Council
Chamber/Conference Room
Tab L: $7,845 Bid for the Brickman Group to supplement and/or replace dead plants
in various locations on the beach and add 1,000 sea oats
Tab M: $124.20 monthly lease (State bid) with Toshiba for a copier for the Village's
Accounting Department
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
the items on the Consent Agenda, except for Tabs G and I. The motion carried (5-0).
Tab G — Motion Approving Historic Preservation Grant Award
Agreement with the State of Florida for Survey of Existing Historic Structures:
Authorization was requested to execute the Historic Preservation Grant agreement with the
State of Florida Division of Historic Resources, as well as the expenditure of the $20,000 in
matching funds.
Anamarie Kelly, 77 Camden Drive, requested an explanation.
Mayor Rosenfield explained that a survey would be conducted of Bal Harbour to determine
if there was anything that would be considered to be historic. Mr. Treppeda explained that
Ba1 Harbour Village Regular Council Meeting Minutes 09/21/2010 2
$20,000 would be received from the State and $20,000 would be spent by the Village, in
order to conduct a study in accordance with the Comprehensive Plan.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
Tab G. The motion carried (5-0).
Tab I — Motion Approving Acceptance of Renewals for Medical and
Liability Insurance Policies: Approval was requested for the 5% increase ($35,000) to
stay with United Health Care/Neighborhood Health Partnership for health insurance.
Mr. Treppeda requested amending the property liability provider recommendation, since
FMIT had offered to cover an upcoming lawsuit from the red light cameras, which PRIA
would not cover. Mr. Weiss agreed that it was worth checking into.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Sanz to approve
up to $263,000 for Tab I, as amended. The motion carried (5-0).
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Ordinances First Reading/Public Hearings: None.
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 FISCAL YEAR 2010/2011, FOR THE SECURITY
PROGRAM SPECIAL ASSESSMENT AREA; PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Rosenfield opened the public hearing.
Mr. Treppeda explained that the proposal was to keep the assessment the same rate as
the current year ($996.85 per single family home, $498.43 per vacant land, $3,987.40 Bal
Harbour Club Tract E, and the buildings as indicated on the assessment roll).
Anamarie Kelly, 77 Camden Drive, spoke against any security assessment. She noted
that the petition setting up the original assessment could not be verified. She spoke against
Resolution 316, etc.
There being no additional 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. 2010-731.
7. ORDINANCES FIRST READING/PUBLIC INPUT: None.
Bal Harbour Village Regular Council Meeting Minutes 09/21/2010 3
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") APPROVING THE REQUEST FOR REDUCTION
OF CODE ENFORCEMENT FINES BY WATERSTONE, LLC THE NEW OWNER
OF 97 CAMDEN DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Weiss discussed the numerous fines on the property. He reported that the new
property owner had offered to pay for the administrative costs and all assessment liens for
security and water services. He explained that the code enforcement fines would stay with
the prior property owners personally and not the property. Mr. Weiss reported that both he
and the Village Manager recommended approval of the resolution.
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. 2010-732.
Mr. Weiss recognized Alex Palenzuela, Village Attorney, who worked on the agreement.
9. REPORTS:
A. VILLAGE MANAGER:
Update on Beach Flag Warning System — Chief Tom Hunker:
Chief Hunker reported that the flags were up on the beach and thanked Lt. Merrill for
implementing the system. He discussed the procedure for updating the flags, etc. and the
accompanying signs.
Consideration of Re -Appointment of Member to the Police
Retirement Board: Mr. Treppeda requested Council consideration to re -appoint Dr.
Abraham Gotman for another two-year term on the Police Retirement Board.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to re-
appoint Dr. Gotman for a two-year term on the Police Retirement Board The motion carried (S-
B. VILLAGE CLERK:
Lobbyist Registration Report: As of September 21, 2010: A list
of Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY:
Discussion of Election Date Change: Mr. Weiss requested
authorization to prepare an ordinance to change the election date from April (odd -
numbered years) to November.
Councilman Packer questioned the need to recuse himself, since the Ordinance would
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benefit him. Mr. Weiss explained that was not necessary.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
authorize the Village Attorney to prepare an Ordinance for first reading: The motion carried (5-
D. MAYOR AND COUNCIL: This was discussed later in the meeting.
10. OTHER BUSINESS:
Public Comment:
Anamarie Kelly, 77 Camden Drive, requested that the research on the issue of ownership
in the Security District be sped up. She discussed the dedication on PB44-98 and the
agreement between the Security District and the Civic Association showing that the streets
and common elements were private ownership by the collective lot owners. She discussed
the recording document showing that the Quarzo was charged by the Civic Association for
a street that they own. Ms. Kelly noted that the Security District had been allowed to be
maintained by the taxpayers of Bal Harbour.
Dan Holder, 24 Bal Bay Drive, recommended that the Village look into the white fly issue
and implement a specific day for all of the affected hedges to be sprayed at the same time,
which would be done voluntarily. Mr. Treppeda discussed treatment being the responsibility
of the homeowner. Mr. Holder suggested that the Village suggest a time, but not require it.
Assistant Mayor Blachar agreed. Councilwoman Cohen agreed that everyone should work
in that direction, but noted that people who were not spraying were jeopardizing everyone
else. Mr. Treppeda explained that code enforcement could give warnings to people who
were not spraying. Councilwoman Cohen suggested educating people. Mr. Treppeda noted
that an educational flyer could be provided or placed on the web site. Mr. Weiss noted that
he hadn't researched the issue, but that it wouldn't be outside the realm to require people
to spray. He added that he didn't know if that was something that the Council wanted to do.
Councilman Packer questioned if the issue was confined to the single family homes. Mr.
Weiss reported that it was not. Councilwoman Cohen agreed and noted that it was
wherever a Ficus hedge was. Assistant Mayor Blachar discussed preparing an ordinance,
etc. Mr. Weiss will check into the ability for the Village to mandate it. Councilman Packer
questioned a coordinated attempt by the Village and the residents (meeting) to discuss the
program. Councilwoman Cohen explained that the alternative to not doing anything was
dead ugly bushes, which would impact the beauty of the Village negatively.
Marjorie Schell, 9801 Collins Avenue, advised that she would spray.
Nina Rudolph, 212 Bal Bay Drive, discussed the need to do the spraying every three
months. She also discussed the problem of not being able to spray both sides of a hedge,
because a neighbor would not allow access on their side of the hedge to spray.
Betsy Bystock, 80 Park Drive, discussed spraying near the wall on Park Drive,
coordinating on -going regular spraying for fleas and ticks, and for it to be done as ongoing
maintenance.
Mayor Rosenfield explained that the most the Council could do would be to determine a
Bal Harbour Village Regular Council Meeting Minutes 09/21/2010 5
uniform date, but the Village would not be responsible for spraying. Mr. Weiss discussed a
chance, if requested by the Council, for the Village to adopt an ordinance requiring each
homeowner to spray and provide proof to the Village. He discussed having the Village
Landscape Architect, Bill O'Leary, set forth a program. Assistant Mayor Blachar suggested
that the Village Attorney look into doing so. Councilman Packer discussed the. Village
spraying, if the homeowner didn't. Mr. Weiss spoke against doing so, since it could be a
drain on Village funds. He advised that it would take time for the Village Attorney to
research the issue. Assistant Mayor Blachar spoke in favor of it. Councilwoman Cohen
discussed the possibility of residents complaining about the expense, chemicals, etc.
Mr. Holder suggested that an ordinance provide that a hedge be treated or removed, if
more than a certain percentage of it was damaged.
Councilwoman Cohen discussed the waiting time needed to replace the hedge, to ensure
that the whitefly was eliminated before replanting.
A motion was offered by Councilwoman Cohen to have the Village Attorney look into it and to
provide a draft of an ordinance. The motion died due to the lack of a second.
Mayor Rosenfield was not sure about being in favor of the Village taking over the
responsibility if homeowners didn't spray. Councilman Sanz pointed out that there would be
consequences if they didn't. Councilman Packer discussed enforcement measures. Mayor
Rosenfield suggested that Mr. Treppeda investigate the cost to the Village to spray
everywhere four times a year. Mr. Weiss suggested that Mr. Treppeda consult with Mr.
O'Leary on frequency, etc. He explained that a code enforcement fine either way would
attach to the property and wouldn't be paid until the property was sold. Mr. Treppeda
suggested that code enforcement be used for dying plants.
Mr. Weiss will discuss the issue with Mr. Treppeda and come back with an ordinance next
month. It was the consensus of the Council to direct the Village Attorney and Village Manager to
take action.
Dan Holder, 24 Bal Bay Drive, discussed the iguana problem and the need to catch them
before they laid eggs.
Mr. Treppeda explained that the iguanas were protected. He noted that he could get pricing
to start hiring companies to catch them, but questioned the Village going on private
property. Assistant Mayor Blachar suggested that the Village place something on the
information channel for residents to contact the Village to trap the iguanas and then charge
the resident. .
It was the consensus of the Council for Mr. Treppeda to look into the iguana problem and to see
what other cities did.
Doug Rudolph, 212 Bal Bay Drive, requested that the provisions be strengthened for
people that don't do what they are supposed to, since the Village shouldn't be a low cost
lender. He suggested charging the maximum allowed interest rate and using whatever else
was available to the Village, instead of the currently provided 5% interest penalty.
Councilman Sanz agreed that if there was no consequence, then people wouldn't abide by
the Code.
Bal Harbour Village Regular Council Meeting Minutes 09/21/2010 6
It was the consensus of the Council for Mr. Weiss to research the issue ofimplementinR stronger
interest penalty provisions.
MAYOR AND COUNCIL:
Assistant Mayor Blachar commended Chief Hunker on the forfeiture fund items that
benefitted the Village.
Councilwoman Cohen discussed broadcasting the Council meetings via Skype (intemet),
etc. Councilman Packer agreed and spoke in favor of televising the meetings. Mayor
Rosenfield suggested having a student from Beach High to report to the students. She
reported that Aventura and Sunny Isles Beach both televised their meetings and didn't
have many people attend their meetings because of it. Assistant Mayor Blachar spoke
against the concept, since she would like more people to attend the meetings. She felt that
it would create a stage for certain people. Councilman Sanz agreed with Assistant Mayor
Blachar and felt that it would become a circus. Mayor Rosenfield agreed.
Mr. Weiss discussed the amount of time spent responding to questions from residents and
suggested a process be put in place, since it is costing the Village money in legal fees,
staff time, etc. Assistant Mayor Blachar suggested that the residents address their
concerns at a Council meeting and then the Council could decide what should be directed
to the Village Attorney. Councilman Packer suggested that Mr. Weiss provide a proposal
for a retainer rate for that. Mr. Weiss explained that would be difficult to provide and
suggested that if a residents request was going to take time to research, then it would be
brought to the Council for approval. Mr. Treppeda offered to provide a report at the next
meeting to show what was being spent. Mr. Weiss and Mr. Treppeda will come up with a
system.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blachar and seconded by Councilwoman Cohen to adjourn. The motion carried
(5-0) and the meeting adjourned at 8:05 p.m.
Attest:
Ellisa L. Horvath, , Village Clerk
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