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HomeMy Public PortalAbout1999-12-21 Regular MeetingiN8 COUNCIL MINUTES REGULAR MEETING - DECEMBER 81, 1999 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 21, 1999, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Mayor Hirsch!. Those present were: Also present: Mayor Andrew Hirsch! Assistant Mayor Daniel Tantleff Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Wright, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Stanley Whitman. 3. Approval of Minutes: A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the minutes of the November 10, 1999, Special Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the November 16, 1999, Regular Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations - Officers of the Month: None S. Public Hearings: None 6. Ordinances Second Reading/Public Hearing: None 7• Ordinances First Reading: None 8. Resolutions: A resolution was read, by title, by the Village Clerk denying application for rezoning from the "PC Private Club Zoning District to the "OF Ocean Front Zoning District for the Beach Club site. Councilman Boggess recused himself and left the meeting. Mr. Weiss stated this is not a public hearing, it is a formalization of the action the Council took at the last meeting. An ordinance was defeated and this resolution formalizes that action. Regular Council Meeting 12/21/99 189 Carter McDowell, Attorney for the Sal Harbour Club, addressed the Council and objected to the resolution. Mr. McDowell stated there was inadequate notice for this zoning matter and objected to the inclusion of information in the resolution that was not part of the public hearing because there was no discussion of the case law that is cited in the resolution. It states that evidence established certain things and there was no evidence before the Council. Mr. McDowell feels going forward with the resolution is a violation of their rights and there was inadequate notice. Mr. McDowell stated the Court ruled and they believe the Village needs to follow the Court Order. The Village Attorney, in writing, told the Council previously that the Council had no alternative but to approve it. They have not sought to hold the Village in contempt of court, but the Village is pushing the Club to a point where they're going to have to respond. They do not want to be in an adversarial position. The Court has ruled in this matter and they feel it is time for the Village to comply with the Court Order. They have filed an Action for Mandamus to ask a Court to order the Village to follow the Mandate of the Appellate Division of the Circuit Court. Mr. McDowell stated they will be filing motions to hold the Village in contempt of court and seeking attorneys fees, which they don't want to do. Mr. McDowell stated at the last meeting there was an item on the agenda, on the Comprehensive Plan Amendment, and there was discussion after they left about rolling back the Comprehensive Plan on the Club property after the public hearing was closed. Mr. McDowell feels that was improper and was a violation of their civil rights and right to due process. Mr. McDowell objected that there was no notice of the resolution and objected to the information in the resolution. He requested that the Village re -notice, re -set this, and have the resolution reflect what happened, not legal argument. Cliff Schulman, Attorney for AVA Development, addressed the Council and stated he did not receive proper notice. Mr. Schulman stated there's due process that is supposed to be involved in zoning applications. He.advised the Council that they sought sanctions against the Village in Court and filed their pleadings last week. Mr. Schulman doesn't agree with the information in the resolution and proceeded to review the Village Attorneys letter, dated October 12, 1999, stating the Courts decision requires that the Council grant the re -zoning request after the required public hearing. Mr. Schulman doesn't remember discussing legal findings, the Village Attorney giving the Council the advice that appears in the "Whereas" clauses, or any evidence that is mentioned in the resolution. Mr. Schulman stated nothing that is reflected in the resolution took place and none of the findings that were made are consistent with what the Council was told by the Village Attorney in writing. Mr. Schulman stated they join Mr. McDowell in opposing any attempts to "down plan" the property that the Council may be discussing at this meeting. Mr. Schulman stated if the Village wants the property to be a public park, it should follow the proper procedures. Mr. Schulman requested adequate notice when the Council discusses the property and to reconsider the actions that they are taking. Mr. Weiss stated he disagrees with virtually everything Mr. McDowell and Mr. Schulman said and thinks the Council should enact a resolution as a final order of what the Council did at the last meeting. He clarified that the agendas are a matter of public record and this agenda was published in advance. The Village Attorneys recommend that, in order to implement the action taken at the last meeting, the Council enact the resolution. A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to adopt the resolution denying an application for rezoning from the "PC" Private Club Zoning District, to the "OF" Ocean Front Zoning District, for the Beach Club site. The motion carried with the vote as follows: Mavor Hirschl aye; Assistant Mayor Tantleff aye; Council Boggess recused; Regular Council Meeting 12/21/99 2 190 Councilman Gorson aye; Councilman Roth aye. Thus becoming: RESOLUTION NO. 602 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, DENYING AN APPLICATION FOR REZONING FROM THE "PC" PRIVATE CLUB ZONING DISTRICT TO THE OF OCEAN FRONT ZONING DISTRICT FOR THE "BEACH CLUB SITE," SHOWN AS TRACT "A" ON THE PLAT OF "OCEAN FRONT SECTION OF BAY HARBOR" RECORDED IN PLAT BOOK 44, AT PAGE 27, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LOCATED AT 10201 COLLINS AVENUE IN BAL HARBOUR. 9. Adopt -A -Class Program for 1999-2000: Sharon Feldman, resident of Bal Harbour, addressed the Council on behalf of the Ruth K. Broad Bay Harbor Elementary School Parent Teacher Association. Ms. Feldman explained that Bal Harbour has participated in the Adopt -A -Class Program in the past. For increments of $250 per class, the participant can adopt a classroom so the teacher has additional funds for products for the children. Ms. Feldman requested that Bal Harbour adopt a class. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $500 to adopt two classes in the Adopt -A -Class Program at Ruth K. Broad Bay Harbor Elementary School. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth Eya 10. Discussion of Amendments to Comprehensive Plan - Michael Miller, Planner (Mon Ernest -Jones Consulting Engineers, Inc.): Mr. Miller addressed the Council and stated he was requested to prepare a letter outlining the procedures for amending the adopted Comprehensive Plan. Mr. Miller reviewed the letter sent to the Village, dated December 16, 1999. He stated in 1945, the property was platted, which restricted the property to a Beach Club site for 20 years. The original Master Plan for the Village was prepared by Harland Bartholomew. The letter also discusses the planning history and statutes. The summation was that in 1988, Ludovici & Orange prepared the Village's original Comprehensive Plan, which was required by the 1985 Act, and was adopted by the Village in December 1988. Mr. Miller stated while he was with Craig A. Smith & Associates, he prepared the Village's Evaluation & Appraisal Report. He explained the statute requires that the Village review its Comprehensive Plan every five years to make sure that the data is accurate, look at the goals, objectives, and policies that have been set up, and analyze if the Village was successful in achieving them. If the Village wasn't successful, it needs to be stated what actions the Village would take to amend the Comprehensive Plan. Craig A. Smith & Associates did that for the Village in 1995. Subsequent to the adoption of that document, in 1996, CAS prepared EAR based amendments for the Comprehensive Plan. Mr. Miller stated Ed Gross was the Village Manager at that time and the Beach Club was a particular site that was discussed. Because of the Master Plan, the only conflict between the physical use of the property and what the future land use map stated, as adopted in 1988, was the Beach Club site. CAS was instructed to leave it alone at that time, which they did. Mr. Miller stated he prepared the memorandum discussing how to amend the Comprehensive Plan. He explained the statutes, under Section 163, set forth a very specific procedural outline for comprehensive plan amendments. There are two types of amendments. The normal comprehensive plan amendment takes 6-9 months and the Regular Council Meeting 12/21/99 3 amendment would be prepared, transmitted to the State, certain State departments woul191 review the amendment and respond with comments and questions, the Village would respond to those, and then the Village would decide to adopt or not adopt the amendment. There's also a small scale amendment that allows local government to address minor changes. The word "minor" is defined as a parcel of land that is 10 acres or less. The Beach Club site is about 5' acres, so it would qualify under the small scale amendment procedure. That process takes about 4 months. There's also advertising involved with both procedures in the newspaper and to the property owners. Mr. Miller requested direction from the Council. Assistant Mayor Tantleff questioned how long it would take to do the small scale procedure. Mr. Miller responded 4-5 months, with 60 days to prepare the package. Assistant Mayor Tantleff questioned what an approximate fee would be. Mr. Miller stated preparing the amendment would cost approximately $7,500.00. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve Mr. Miller to continue the process in the amendment of the Comprehensive Plan. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess recused; Councilman Corson aye; Councilman Roth aye. Councilman Boggess returned to the meeting. 11. Reports and Recommendations: A. MAYOR AND COUNCIL: Discussion of Bus Service — Assistant Mayor Tantleff: Assistant Mayor Tantleff requested that the Village add two hours a week to the bus. Instead of doing 5 hours-2 days a week, he suggested doing 4 hours-3 days a week, which would be $4,600.00 more a year. Assistant Mayor Tantleff stated the residents he has spoken to, at the Harbour House and other buildings, would like a third day and are willing to cut down the hours on the other 2 days to do so. Assistant Mayor Tantleff stated the residents would also like the consideration to go one day into Aventura and explained a lot of other cities have a bus 5 days a week. Councilman Boggess doesn't think the bus should be expanded. Councilman Gorson doesn't think the bus should go to Aventura. Mr. Treppeda reviewed the current bus schedule. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve increasing the bus service to 3 days a week, at 4 hours each day, and continuing the current route. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye; Councilman Boggess nay; Councilman Gorson aye; Councilman Roth ave. Mayor Hirschl directed Mr. Treppeda to select the third day. Mayor Hirschl reported he and Mr. Treppeda met with Ron Book and the Hoteliers. Mayor Hirschl reported that Mr. Treppeda and Assistant Mayor Tantleff attended a public hearing conducted by the Miami -Dade County Parks Department at Bay Harbor Islands Elementary School conceming the Haulover Park project. Assistant Mayor Tantleff stated the Village's position regarding the rehabilitation of the golf and tennis facility was discussed. Mr. Weiss stated his office drafted a joint letter, to be signed by Sunny Isles Beach, regarding Aventura. Mr. Treppeda spoke with their manager, Jack Neustadt, who advised Regular Council Meeting 12/21/99 4 192 he doesn't think Sunny Isles Beach wants to go ahead with the request to the County to study the feasibility of upgrading Haulover Golf Course because the County is very slow and would likely do the study for 16 months. Mr. Treppeda reported Mr. Neustadt needs to speak to Mayor Samson and feels he's not ready to sign a letter of intent at this point. The County indicated they are going through a lot of public process that would take possibly up to 16 months. Mayor Hirschl requested that Mr. Treppeda schedule a meeting with Mr. Neustadt, Mayor Samson, Mr. Treppeda, and himself. Mayor Hirsch) stated a separate Police Pension Board was created and the Council needs to appoint two Bal Harbour residents, which may or may not be Council members, to serve on the Police Pension Board for a period of two years. Mayor Hirschl thinks the Board members should be Council members, at least for the first two years. Assistant Mayor Tantleff and Councilman Gorson volunteered to serve on the Board. A motion was offered by Mayor Hirschl and seconded by Councilman Boggess to approve the appointment of Assistant Mayor Tantleff and Councilman Gorson as the two Bal Harbour residents on the Police Pension Board The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. B. VILLAGE ATTORNEY: Mr. Weiss reported there were two hearings on the Oceanfront Club property litigation. There was a cross claim filed in the Rudolph lawsuit, as a mandamus action, to enforce the Court's mandate to rezone the property. The Rudolph lawsuit was dismissed and the cross claim was also dismissed. A separate action was also filed to enforce the mandate and there was a motion filed by the plantiffs asking for that matter to be heard by Judge Goldman, which the Village Attorneys objected to. The Administrative Judge denied their motion to have it heard by Judge Goldman, so it will be blind filed and be heard by whatever judge comes up. Mayor Hirsch) requested an update on 96th Street. Mr. Weiss stated the Village needs to get its own traffic engineer. Mr. Treppeda reported he is scheduling a meeting with Mr. Ramos, P.E., with Keith & Schnars, to discuss this matter. Several other traffic engineers were contacted, but they all had conflicts with the Florida Department of Transportation. C. VILLAGE MANAGER: Storm Drainage Pump Station Leak Repairs Update — Craig A. Smith & Associates (Gene Schriner): Gene Schriner, President — CAS, addressed the Council and gave an update of the project. He explained that during the past 9 months, they did remediation testing, put in 7 monitoring wells, did remediation to two operating wells, did some work on the pump station, installed monitoring gauges and equipment throughout the system, and tested it on numerous occasions. On November 11, 1999, they tested the system for 40 minutes at high tide, when the water is 1 Y feet below the surface, and did not find any rise in the water table, any outcropping of water, or noticeable problems. They also looked at the pressure gauges, pressure at the pump station and wells, and the operating pressures were fine. Mr. Schriner reported they feel the Village has a good operating system and are recommending that the entire system be put into full operation. Mr. Schriner suggested operating it for a minimum of one year to monitor the system. Mr. Schriner understands the Village's "engineering counsel" also agrees to start the system. Mr. Treppeda stated there is a memorandum from Anthony Nolan, P.E., who is the Village's expert, stating he agrees with the proposal as long as the Village Attorney is comfortable with it and that CAS would give full remediation in the event Regular Council Meeting 12/21/99 5 193 that this does not work. Mayor Hirsch) requested Mr. Schriner to define "full remediation." Mr. Schriner stated there is a total of 8 wells, with 7 operational. Two of the wells were re - drilled, they did remediation to 2 well heads (piping), put in monitoring wells, and blanked out the #3 well. That well was a problem because it's so close to the pump station and, when they put the pump station in, they broke through the confining layer, which explains the water that came cropping up next to the pump station. With that well out of service, the system operates fine. Assistant Mayor Tantleff questioned if all the wells weren't dug deep enough, why only two wells were dug deeper. Mr. Schriner stated he relied on his hydro - geologist, who found a receiving strata at 30-40 feet deep, which he felt was a better strata than a deeper one. Assistant Mayor Tantleff stated the contract was to dig 100 feet and questioned what would happen in the future if the Village finds out it should have dug deeper. Mr. Schriner stated his company would honor everything that is out there and if the wells need to be fixed or dug deeper they will do it at their cost. Mayor Hirsch) requested that in writing. Mr. Schriner stated he would put it in writing. Mayor Hirschl stated that CAS designed this project, so they designed well #3 next to the pump station. Mr. Schriner stated agreed. Mr. Schriner stated there was a pump station design where the contractor was not supposed to disturb the area to the degree that he did. When the contractor was selected, he had an altemative method that was at a more desirable cost, which might not have been the best. Mr. Schriner stated if they have to, they will dig well #3 deeper. Mayor Hirsch) thinks the Village should be reimbursed the cost associated with 1/7th of the project, because there is 1/7th of the wells that the Village doesn't have the use of that it paid for. Mr. Schriner stated that portion of the project was a grant that the Village received from the South Florida Water Management District. Mr. Schriner stated the majority of the project was the underground drainage system, which hasn't had any problems. Mayor Hirschl stated the Village is not happy. Mr. Schriner stated the system is operating fine now and CAS will not walk away from the job and they have corrected all the problems. Robert Wheldon, Public Works Director, feels the Village paid to put a hole in the ground and it should work. If it doesn't work, they should either drill it deeper or should drill another well at another location and hook it up so the Village gets its money worth. The Village paid for well #3 and should have it. Mr. Schriner stated if that's what the Village wants to do, then that's what they will do. Mr. Schriner stated his recommendation is to operate it, as is, and see what happens. If the Village needs additional capacity for some reason down the road, they can open well #3 up. Mr. Wheldon stated someone should cut a check for a refund for the well to either the Village or the South Florida Water Management District. Nobody should have to pay for it if it didn't work. Mayor Hirschl agreed. Mr. Schriner stated that when dealing with underground conditions that are uncertain, they can't always get what is anticipated sometimes. They drilled 8 wells anticipating a certain capacity, and the Village is getting more capacity out of 7 than they anticipated with 8. The wells are functioning, the Village is getting rid of the water with less than 8 wells, so they have delivered an operating system. There is one extra well and the Village can open it if they want. CAS can drill it down 150 feet, but are recommending that the Village doesn't do that because they don't see the necessity for it. Councilman Boggess questioned if well #3 were drilled deeper, if it would provide a safety valve in case another well went out. Mr. Schriner responded yes. Councilman Boggess questioned if it wouldn't be prudent to go ahead and do that. Mr. Schriner doesn't think so, but will do it if the Village wants it. Mayor Hirschl suggested the Village Attorney place some language. Councilman Boggess stated even though some of the sub -contractors with CAS did make some mistakes, they have stood behind everything they said they would do. Mr. Schriner stated that CAS did not design the underground system, it was his sub hydro -geologist. Mr. Schriner would not suggest drilling deeper Regular Council Meeting 12/21/99 6 194 because the formation isn't as good and the wells wouldn't have the same capacity that they have. Mayor Hirschl suggested approving the recommendation of allowing the system to operate, but under no circumstances is the Village signing off on this project unless Mr. Weiss speaks to Mr. Schriner and puts in writing the limitations/restrictions, etc. on CAS. Mr. Weiss will work with Mr. Schriner on an agreement. Mr. Treppeda questioned if well #3 should be filled back in. Mr. Schriner suggested leaving it in case the Village wants to use it in the future and they will blind -flange it. A motion was offered by Councilman Boggess and seconded by Councilman Roth to accept the recommendation of CAS to operate the system and for Mr. Weiss to devise language that protects the Village in the areas discussed. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff aye; Councilman Boggess ave; Councilman Gorson aye; Councilman Roth ave. Presentation of Conceptual Plan for 96th Street Landscaping — Bradshaw Gill & Associates: Joe Gordon and Elaine Hom, Bradshaw Gill & Associates, addressed the Council. Mr. Gordon reviewed renderings of the conceptual plan for the 96th Street landscape improvements. Mr. Gordon stated they are proposing to continue the same landscape concept that is on Collins Avenue, with Coconut palms in the median and Medjool Date palms in the right-of-way. The Canary palms in front of Village Hall will be switched to Medjools, while the Canary palms at the Shops will remain. In the median, they are proposing to use Green Malayan Coconut palms with a low shrub, which is different from what is used on Collins Avenue. On Collins Avenue, Yellow Malayan Coconut palms were used, which were the only thing available at the time, and the fronds tend to have a yellow tinge. Mayor Hirsch) questioned why the type of shrubbery was changed. Mr. Gordon stated the Liriope shrub is greener and softer. Mr. Wheldon stated the wax jasmine on Collins Avenue is very difficult to trim and has a tendency, when the wind blows after the edges are cut, to turn brown. Mr. Wheldon has no problem with switching to something else. Mr. Gordon stated Liriope is also less maintenance. Mr. Gordon stated on the South side, in order to get the sequence of palm trees to work, they will have to reconstruct the sidewalk, which will have to be worked out with Surfside. The palms will be placed 40 feet on center (they are 30 feet on center on Collins Avenue). On the north side, they are proposing to eliminate the drop off in front of the Church by the Sea because it's in the right-of-way. In doing so, it will make the walkway, east to west, a straight shot and keep the Date palms in alignment. Mayor Hirsch) stated Mr. Treppeda informed him that Surfside has indicated that they are interested in cooperating and helping to fund this project. Mr. Gordon stated to give Collins Avenue an entrance to Bal Harbour, they are proposing to add three date palms on the SunTrust property to mirror the other side. They are also proposing to eliminate the sidewalk on 96th Street, past the driveway to the corner. Councilman Boggess questioned if there is a better palm that has a better life expectancy over the Medjool Date palms. Mayor Hirschl stated a certain percentage of the palms will always have to be replaced over time. Mr. Gordon stated Date palms are the most formal elegant palms that the Village can use for landscaping. Mr. Gordon distributed and reviewed the Cost Estimate for the 96th Street Improvements. He explained the total cost would be approximately $528,920.00. Mr. Gordon stated Surfside's portion would be $189,330.00. Mayor Hirsch) stated this would be paid for from resort tax funds and thinks the improvements make a commanding statement about the Village's east/west artery. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the conceptualplansfor the 96`h Street landscape improvements. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Regular Council Meeting 12/21/99 7 Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. 195 Surf-Bal-Bay Library: Mr. Treppeda explained Linda Karlsson, Bay Harbor Town Manager, advised that Bay Harbor has decided to pull out of the Surf- Bal-Bay Library system. Bal Harbour, Bay Harbor, and Surfside currently split the cost of the library, with the Village's annual payment being $62,000.00. If Bay Harbor leaves the system, Bal Harbour and Surfside would have to pay more. Mr. Treppeda explained that Bay Harbor determined that a city does not have to provide library service. Ms. Karlsson gave options to her Council, which included remaining with the Surf-Bal-Bay Library or choosing to affiliate with the Miami -Dade Library system (there will be one in Sunny Isles City Hall). The annual fees for library cards are as follows: Dade County - $50, North Miami-$50, Miami Shores - $45, North Miami Beach - $20, and Surf-Bal-Bay - $12.50. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to pull out of Surf-Bal-Bay Library and look at some other options. Councilman Boggess stated if the Village drops out of this and goes into the County Library system, there will be another tax on Village residents, which will far exceed what the Village's contribution has been. In addition, citizens can go to any library they want. Councilman Roth stated with Bay Harbor pulling out, the Village will be paying $93,000.00 for approximately 1600 people to go to the library. He suggested subsidizing all registered voters $50 and allowing them to select their own library. Councilman Roth doesn't think the Village should pay $93,000.00 per year for that library. Mr. Treppeda stated in 1996, Surfside had 664 cardholders, Bal Harbour had 195, and Bay Harbor had 432 for the Surf- Bal-Bay Library. Mayor Hirschl doesn't think the Council should act on this today and believes it should be studied further. Mayor Hirschl stated that the Mayor of Bay Harbor stated they will not pull out in the middle of the fiscal year and burden Bal Harbour with the additional cost for this fiscal year. So, the Village has ample time to look at its options and discuss it. Bay Harbor has tentatively decided they will give $25 to every resident who would like a library card of their choice. Mr. Weiss stated the agreement has a stipulation to opt out 90 days prior to the beginning of the fiscal year, which would be over the summer. Assistant Mayor Tantleff withdrew his motion. Councilman Boggess withdrew his second to the motion. Approval to Purchase Digital Image Projector for Council Chamber: Mr. Treppeda explained a screen was installed in the Council Chambers for presentations and an audio visual company has recommended that the best equipment for the room would be a digital projector, which would hang from the ceiling. George Teichner, 9601 Collins Avenue, doesn't think the projector is necessary. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $8,944.00 to purchase a digital image projector for the Council Chambers. The motion carried with the vote as follows: Manor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Upgrade of Date Palm Lights: Mr. Treppeda explained prices were received to update ballasts and bulbs on all the Date palm lights from 100 watts to 150 watts. The price would be $87,792.00 of resort tax funds. Mr. Treppeda is waiting to hear from the electrician to find out if any electrical work is required to install the new ballasts. Regular Council Meeting 12/21/99 8 19FCouncilman Boggess suggested this item be tabled and stated there is no money in the resort tax budget for this. It was the consensus of the Council to receive a complete cost for this project, before it is discussed. Discussion of Newsrack Ordinance: Mr. Treppeda explained all the newsracks are different colors and the Village has discussed getting something to hide them in. Mr. Treppeda suggested requiring the newsracks to be a certain color, such as black, to match the bus shelters. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to require all newsracks to be painted black. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Dade Heritage Trust - Miami's Historic Neighborhoods: Mr. Treppeda explained Dade Heritage Trust is publishing a book called "Miami's Historic Neighborhoods: A History of Community." Ted del Valle, Project Coordinator, addressed the Council and explained Dade Heritage Trust is writing the past 100 year history of the Miami area in a book. Instead of being straight history, 1/3 of the book will be dedicated to profiles of cities, organizations, people, etc. that have contributed to the growth of the area. In the profile, the Village would be able to write its own story. Assistant Mayor Tantleff questioned if the Village approves this, if it would get a certain amount of copies. Mr. del Valle responded yes. Mayor Hirsch) questioned how many municipalities are participating. Mr. del Valle responded 11 municipalities and 10 more that are deciding the amount of space they want. North Bay Village, Bay Harbor, Miami Beach, etc. Mr. del Valli stated a professional writer will be assigned to the Village, or it can be written by anybody as long as they follow the parameters. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to approve purchasing two pages in the Miami's Historic Neighborhoods book. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess ave; Councilman Gorson aye; Councilman Roth aye. Approval of Final Change Order #4 - Intrastate Construction: Mr. Treppeda explained this is the last change order because Intrastate Construction is finished. During the excavation, there were continuing problems with the water pipe. The amount is $31,117.42, which would complete this project. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $31,117.42 for Change Order #4 for Intrastate Construction. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Approval of Change Order #18 - Coral Tech Associates: Mr. Treppeda explained that Coral Tech is finishing their structural reinforcement on the Public Works Facility. They had one conflict with some existing conduits and are asking for a change order in the amount of $2,900.00. In addition, Mr. Treppeda also just received Change Order #17, for $750.00, which was for putting the bench into the Village Hall courtyard area. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $3,650.00 for Change Orders #17 and #I8 for Coral Tech Associates. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Regular Council Meeting 12/21/99 9 Renewal of Mutual Aid Agreement (Miami -Dade Police Department: Mr. Treppeda explained the Mutual Aid Agreement with Miami -Dade Police Department is expiring January 1, 2000. It is the same as the previous agreement; however, Mr. Treppeda would like the Village Attorney to review it. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve the renewal of the Mutual Aid Agreement with the Miami -Dade Police Department subject to review by the Village Attorney. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. 19'7 Request for Approval of Expenditure of Federal Forfeiture Funds: Mr. Treppeda explained Chief Freeman has requested to expend $8,538.81, in forfeiture funds, for a Lincoln Navigator (4-wheel drive) that was seized. The Village would then sell the vehicle, for approximately $30,000.00, and put the proceeds into the forfeiture fund. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $8,538.81 of Federal Forfeiture Funds to purchase a Lincoln Navigator. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess ave; Councilman Gorson aye; Councilman Roth aye. Approval of Additional Fees — C.A.P. Engineering: Mr. Treppeda explained because of the extra work that Intrastate did, it required C.A.P. Engineering to do more work. In addition, they need to produce the "as -built" drawings so Robert Wheldon will know exactly what is underneath the area. The total for the change order is $5,300.00, which is within the budget. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $5,300.00 for additional fees for C.A.P. Engineering. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff ave: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval of General Employee Performance Bonus: Mr. Treppeda explained supervisors rate their employees and award between 1 % to 4%, depending on the performance of the employee from January through December. Mr. Treppeda reminded the Council that this is not a holiday bonus, it is part of the employee's salary for general employees only. Mr. Weiss stated the only police personnel on the list are non -union employees. Mr. Weiss stated if there are problems with particular bonuses, it should be discussed with the Village Manager. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $39,312.30 for the General Employee Performance Bonuses as submitted. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Recommendations of Resort Tax Committee: Mr. Treppeda explained the Resort Tax Committee recommended the following items for approval by the Village Council: 1. Weather Channel South America Promotion - The Village would give a shopping spree for $1,000.00 and receive airtime. 2. Spring Schedule for Director of Tourism - $45,700.00 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $46,700.00 for Recommendations of the Resort Tax Committee . The motion carried with the vote Regular Council Meeting 12/21/99 10 198 as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. 12. Other Business: Mayor Hirsch) requested that Mr. Treppeda and Mrs. Horton leave the room so the Council could discuss performance bonuses for them. Mr. Treppeda and Mrs. Horton left the meeting at this time. Mayor Hirsch) stated the Village Manager and Village Clerk have provided a two page memorandum outlining all the activities that they have been involved in over the year. Mayor Hirsch) stated the Council can give them anywhere between a 1 % to 4% bonus. Councilman Roth commented that they have both been tremendous, cooperative, and thinks they should both get 4%. Councilman Boggess stated it's the smoothest that things have run at the Village in a long time. Assistant Mayor Tantleff stated he will go along with the 4%; however, feels Mr. Treppeda needs to be more proactive instead of reactive. He agrees that things run very smoothly. Mayor Hirschl stated both Mr. Treppeda and Mrs. Horton are responsive to his requests. Mayor Hirsch) feels it's nice to have people that self -initiate; however, the Village has a manager that respects the Council and requires Council approval virtually for anything that he wants to engage in. Mayor Hirschl thinks the Village is very fortunate in the way it does business and how it operates. Councilman Gorson stated she could never had accomplished the Council Chamber/Conference Room project without Mr. Treppeda. Councilman Boggess stated the Village had a manager in the past that was proactive and planned things without anyone else's knowledge and believes the Village should count its blessings. Mr. Weiss stated Mr. Treppeda is always at the Village and does the work that needs to be done. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve a 4% performance bonus for both Mr. Treppeda and Mrs. Horton. The motion carried with the vote as follows: Mayor Hirsch! aye: Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Mr. Treppeda and Mrs. Horton returned to the meeting. Mayor Hirschl advised Mr. Treppeda and Mrs. Horton that the Council unanimously approved a 4% percent bonus for both of them and thanked them for their effort and dedication to the Village. 13. Ad Dorn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to adiourn. The motion carried unanimously (5-0), and the meeting adiourned at 5:00 p.m. ayor Andrew R. Hirsch) Attest: anette Horton, C/AAE/CLO Ilage Clerk /elw Regular Council Meeting 12/21/99