HomeMy Public PortalAbout2010-10-19 Regular MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
REGULAR MEETING - OCTOBER 19, 2010
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, October 19,
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 9:18
p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, MMC, Village Clerk
Richard J. Weiss, Village Attorney
Tony Recio, Village Attorney
Andrea Greenblatt, Administrative Assistant
Absent: Councilman Jaime M. Sanz
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.
Ordinances First Reading/Public Hearings:
The following Ordinance was read, by title, by Mr. Weiss:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING THE FUTURE LAND USE MAP
(FLUM) DESIGNATION OF A PARCEL OF LAND LOCATED AT 501 96TH
STREET, BAL HARBOUR VILLAGE, FLORIDA, FROM "INSTITUTIONAL" TO
"COMMERCIAL"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to defer
the Ordinance to the next Council meeting
Mayor Rosenfield opened the public hearing.
Anamarie Kelly, 77 Camden Drive, discussed concern that the application was not valid,
since it wasn't signed by the owners. She also discussed the Channel 10 interview with
Mathew Lazenby, Bal Harbour Shops.
Mr. Recio explained that neither the State Statute nor the Village Code required the
owner's signature on the application. Mr. Weiss reported that the application met the
requirements of State law.
There being no additional comments, Mayor Rosenfield closed the public hearing.
The motion carried (4-0), with the roll call vote as follows: Mayor Rosenfield yes; Assistant Mayor
Blachar yes; Councilwoman Cohen yes; Councilman Packer yes; Councilman Sanz absent.
The following Ordinance was read, by title, by Mr. Weiss:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING THE FUTURE LAND USE MAP
(FLUM) DESIGNATION OF A PARCEL OF LAND LOCATED AT 655 96Ta
STREET, BAL HARBOUR, FLORIDA, FROM "MUNICIPAL" TO
"COMMERCIAL"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to defer
the Ordinance to the next Council meeting The motion carried (4-0), with the roll call vote as
follows: Mayor Rosenfield yes; Assistant Mayor Blachar yes; Councilwoman Cohen yes;
Councilman Packer yes; Councilman Sanz absent.
The following Ordinance was read, by title, by Assistant Mayor Blachar:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING DIVISION 11, ARTICLE III,
CHAPTER 21 OF THE VILLAGE CODE TO CREATE A NEW SECTION 21-322
"SITE PLAN REVIEW", PROVIDING FOR SITE PLAN REVIEW APPROVAL BY
VILLAGE COUNCIL AFTER PUBLIC HEARING, INCLUDING APPLICABILITY
OF REQUIREMENT, APPLICATION AND REVIEW PROCEDURE, AND
DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing. There being no comments, Mayor Rosenfield
closed the public hearing.
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to defer
the Ordinance to the next Council meeting The motion carried (4-0), with the roll call vote as
follows: Mayor Rosenfield ves; Assistant Mayor Blachar yes; Councilwoman Cohen ves;
Councilman Packer yes; Councilman Sanz absent.
3. AGENDA: REQUEST FOR DELETIONS/ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA:
Dina Cellini, 211 Bal Cross Drive, requested that Tab C be removed.
Mr. Treppeda requested that Tab G be removed.
Bal Harbour Village Regular Council Meeting Minutes 10/19/2010 2
Mr. Treppeda requested approval for the following remaining items on the Consent
Agenda:
Tab A: September 21, 2010 Regular Council Meeting Minutes
Tab B: $43,333.00 in Resort Tax Funds ($26,500 - Northeast United States/Canada
Representative Suzanne Corbo Annual Action Plan/Budget, $11,060
Argentina Representative Carmen Florio Annual Action Plan/Budget, $5,773
Director of Tourism Marketing Bonus Pay Structure)
Tab D: $6,902.52 in Police Budgeted Funds ($6,902.52 lighting and striping for two
Jeep Wrangler Saharas used by the Code Enforcement Officer and PSA)
Tab E: Mutual Aid Agreement with Miami Police Department
Tab F:
Tab H:
$25,963.24 for Emergency Sewer System Repairs ($10,783.24 for Butler
National Services to repair a pump at Sewer Station #1 and $15,180.00 for
Shenandoah Construction to provide vacuum trucks during the recent sewer
lining project)
$18,027.50 (half of the $36,055.00 fee — the remainder to be paid by the
State) and execution of the Janus Research Agreement to complete a
Historic Structure Survey
A motion was offered by Assistant Mayor Blachar and seconded by Councilman Packer to
approve the items on the Consent Agenda, except for Tabs C and G. The motion carried (4-0).
Tab C — Motion Approving Expenditure of Police Forfeiture Funds: The
request was for $45,000 annually (for salary, training, fees, and equipment) for a 3-Year
Agreement for a Part Time Accreditation Manager for the Police Department.
Dina Cellini, 211 Bal Cross Drive, discussed the budget dictating less consultants in
order to save money. She questioned the cost of $135,000 for a part-time person and
looking for another consultant that would cost less. She spoke against using the money just
because it was from forfeiture funds. She spoke in favor of a bid process for the contract.
Mr. Treppeda advised that the person was a consultant, not an employee,and explained
that it wasn't easy to find people that did accreditation work. Chief Hunker explained that
the item was approved as a forfeiture request, which saved money since budgeted funds
were not. used. He explained the search process and looking at other consultants. Ms.
Cellini questioned where the additional money requested would be used.
Captain Daddario explained that the money would be used for accreditation fees, computer
equipment, conferences, meetings, etc.
Neil Alter, 9801 Collins Avenue, questioned if any of the Police employees could perform
the job. Chief Hunker advised that they couldn't and explained the COLEA (Commission for
Florida Law Enforcement Accreditation) process.
A motion was offered by Councilman Packer and seconded by Councilwoman Cohen to approve
Tab C. The motion carried (4-0).
Bal Harbour Village Regular Council Meeting Minutes 10/19/2010 3
Tab G — Motion Approving Lease Agreement for Building Department
Vehicle: The request was to authorize the Village Manager to enter into a lease
agreement at $395.00 per month for 48 months, with 1800 miles per month allowed.
Mr. Treppeda explained that under the direction of Assistant Mayor Blachar Mears Leasing
had reduced the miles to 1000 per month, which resulted in a monthly payment of $375.00
for 48 months.
A motion was offered by Councilman Packer and seconded by Assistant Mayor Blachar to
approve Tab G as amended. The motion carried (4-0).
6. PUBLIC HEARINGS:
Zoning Hearings/Quasi-Judicial Public Hearings: None.
Ordinances Second Reading/Public Hearings: None.
Ordinances First Reading/Public Hearings: This item was discussed
earlier in the meeting.
Resolutions/Public Hearings: The following resolution was read, by title,
by Mrs. Horvath:
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING
SANITARY SEWER AND WATER RATES FOR THE 2010/2011 FISCAL YEAR;
ESTABLISHING 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 (4-0); thus becoming Resolution No. 2010-733.
7. ORDINANCES FIRST READING/PUBLIC INPUT: The following
Ordinance was read, by title, by Mrs. Horvath:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 8 "ELECTIONS" OF THE VILLAGE CODE OF BAL HARBOUR
VILLAGE, BY AMENDING SECTION 8-6 "PETITIONS OF CANDIDATES",
SECTION 8-7 "DATE AND NOTICE OF ELECTION", SECTION 8-8
"CANVASSING OF ELECTION RETURNS; CERTIFICATES OF ELECTION",
SECTION 8-9 "VACANCY IN CANDIDACY", SECTION 8-10 "NO EARLY
VOTING"; TO PROVIDE FOR CHANGE OF VILLAGE COUNCIL REGULAR
ELECTION DATE FROM APRIL OF ODD -NUMBERED YEARS TO NOVEMBER
OF EVEN- NUMBERED YEARS TO COINCIDE WITH COUNTYWIDE GENERAL
ELECTIONS; EXTENDING COUNCIL TERM OF OFFICE TO CONFORM TO
REVISED ELECTION DATE SCHEDULE; REVISING QUALIFYING PERIOD FOR
COUNCIL CANDIDACY TO CONFORM WITH CHANGE OF ELECTION DATE;
EACH AS AUTHORIZED BY SECTION 100.3605(2), FLORIDA STATUTES;
REVISING PROCEDURE CONCERNING ANY VACANCY IN CANDIDACY;
FURTHER REVISING CHAPTER 8 "ELECTIONS" TO CONFORM TO ELECTION
Ba1 Harbour Village Regular Council Meeting Minutes 10/19/2010
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DATE CHANGE; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Rosenfield opened the public hearing.
Anamarie Kelly, 77 Camden Drive, questioned what would happen to the people whose
terms expired in April (2011). Mayor Rosenfield explained that their terms would be
extended.
Dina Cellini, 211 Bal Cross Drive, clarified that all of the Councilmembers would serve an
additional 18 months. Ms. Cellini discussed Section 8-10 (early voting) and questioned if
there would ever be a council election that would not be a county -wide election. Mr. Weiss
pointed out that there could be to fill a vacancy, etc. Ms. Cellini requested that the
language be reviewed. Mr. Weiss will look at the language before second reading.
There being no additional comments, Mayor Rosenfield closed the public hearing.
A motion was offered by Assistant Mayor Blachar and seconded by Councilwoman Cohen to
approve the Ordinance. The motion carried (4-0), with the roll call vote as follows: Mayor
Rosenfield yes; Assistant Mayor Blachar yes; Councilwoman Cohen yes; Councilman Packer yes;
Councilman Sanz absent.
8. RESOLUTIONS: None.
9. REPORTS:
A. VILLAGE MANAGER:
Quarterly Financial Update Provided by Finance Director
Christopher Wallace: Mr. Wallace reviewed the report provided in the agenda.
Mayor Rosenfield and the Council discussed the success of the MADD event.
B. VILLAGE CLERK:
Lobbyist Registration Report: As of October 19, 2010: A list of
Lobbyists registered with the Village was provided in the agenda.
C. VILLAGE ATTORNEY:
Update on Whitefly Issue: Mr. Weiss reported that the Village could
enact an ordinance, but he felt the best way to deal with the issue was through code
enforcement and the Village's Appearance Code. He suggested that the residents be put
on notice that the Village would be citing violations. He clarified that the ideal was not to
penalize people, but to make them aware of the problem. He spoke against the Village
suggesting companies for residents to use.
Assistant Mayor Blachar requested that the issue be placed in the newsletter again.
Mr. Treppeda reported that the Village's code enforcement officers were aware of the
Bal Harbour Village Regular Council Meeting Minutes 10/19/2010 5
problem.
Oscar Patino, Village Code Enforcement Officer, discussed a County Ordinance
preventing the planting of Ficus Benjamina and providing replacement planting
recommendations.
Security District: Mr. Weiss advised that a report would be provided
at the next meeting regarding the Security District, but would not be scheduled for
discussion until the December meeting.
D. MAYOR AND COUNCIL:
Discussion of Attendance at the Florida League of Cities
Legislative Conference — Councilwoman Cohen: Councilwoman Cohen requested to
attend the Florida League of Cities Legislative Conference in Orlando in November.
Councilman Packer was also interested in attending. The Council discussed the cost
involved in attending.
A motion was offered by Mayor Rosenfield and seconded bv Assistant Mayor Blachar to approve
one Councilmember attending the Legislative Conference.
Councilman Packer voiced concern that it was unfair to only allow one member to attend
and questioned who would choose the Councilmember that would go.
The motion carried (3-1), with Councilman Packer opposed:
1 O. OTHER BUSINESS:
Public Comment:
Abe Gotman, 9601 Collins Avenue, suggested that MADD add a `T" for their organization
to campaign against texting while driving.
11. ADJOURN: There being no further business, a motion was offered by
Assistant Mayor Blachar and seconded by Councilman Packer to adjourn. The motion carried (4-
0) and the meeting adjourned at 10: 00 p.m.
Attest:
Ellisa L. Horvath, ' Vi . ge Clerk
or J an Rosen field
Bat Harbour Village Regular Council Meeting Minutes 10/19/2010
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