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HomeMy Public PortalAbout2001-04-17 Regular Meeting139 COUNCIL MINUTES REGULAR MEETING — APRIL 17. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 17, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel Tantleff Councilman James E. Boggess Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, 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 A. Anthony Noboa. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the minutes of the March 20, 2001, Regular Council Meeting. The motion carried unanimously (5-0),and the minutes were approved as submitted. 4. PRESENTATIONS: OFFICER OF THE MONTH — OFFICER LEO QUINN: Chief Larry Freeman announced that Officer Leo Quinn was selected as the Officer of the Month, for March 2001, for his exemplary work as temporary detective. Chief Freeman explained several cases that Officer Quinn worked on. Chief Freeman presented Officer Quinn with the Officer of the Month plaque. On behalf of the Village, Mayor Berlin presented Officer Quinn with a check. S. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARING: An Ordinance was read, by title, by the Village Clerk, amending Chapter 17 of the Village Code by creating Article IV "Communications Rights -of -Way." Mayor Berlin opened the public hearing. Assistant Mayor Tantleff questioned if this has to be done today because he would like to see what all the other cities are doing. Mr. Weiss explained that his office tried to do the negotiations for the Village with the cable companies to save the Council time. However, his office now understands that wasn't the procedure that the Council wanted the attorneys to follow and that the Council would prefer to have anybody wanting changes to the ordinance Regular Council Meeting 04/17/2001 1 139 that was originally recommended to come to the meeting and ask the Council for the changes. Mr. Weiss stated that for the second reading, the attorneys took out everything that any of the telecommunications companies asked for and are back to the ordinance that is best for the Village. Mr. Weiss notified the companies that if they want to be at the meeting to ask for changes to the ordinance, then they are welcome to do that. Otherwise, the ordinance will be passed with the language that the attorneys felt was most favorable for the Village. Mr. Resnick reviewed changes to the ordinance that Mayor Berlin had proposed as follows: 1. Page 7, paragraph 5, they would add language after the second sentence to clarify that installations are suppose to be underground in Bal Harbour that says "any proposed installation that is not underground shall require the prior approval of the Village Council." 2. Page 16, Section 17-74, 1(b), to change the language of that sentence to say "the filing of a voluntary or involuntary petition in bankruptcy." Mr. Weiss explained that similar ordinances are being passed in every city in the State. Mr. Resnick stated that the Village doesn't have the authority to deny telecommunications companies access to the rights -of -way currently, so this ordinance gives the Village the authority to regulate them. Mayor Berlin stated that the statute that the Legislature recently passed stripped away all of the franchising rights. Mr. Weiss explained that the Village use to have a franchise agreement with each of the cable companies and the Village doesn't have the ability to do that anymore. Mr. Resnick addressed Assistant Mayor Tantleff's concern and explained that this ordinance is very similar to what most communities in Florida are going to adopt. Mayor Berlin thinks that it's important for the Village to have something on the books now to protect it. He suggested that the Village Attorneys monitor what the other cities are doing. He explained that the Village can always amend this ordinance in the future. Councilman Boggess questioned how the revenue will be affected. Mr. Resnick explained that a separate ordinance was already passed by the Village pertaining to revenue that sets the fee. He explained that the fee will be set by a State statute that is going through the legislative process now, which will become effective in October. Mr. Weiss explained that the statute is suppose to be revenue neutral. Mrs. Horton thinks that it will be 4.5 for the Village. Mr. Resnick explained that the Village will get a certain percentage of the gross revenue of the companies that do business in the Village. Mr. Resnick explained that the Village can't receive franchise fees any longer. He stated that the money will be collected by the Department of Revenue and then distributed back to the Village. There being no additional comments, Mayor Berlin closed the public hearing. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. 463 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 17, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", OF THE VILLAGE CODE BY CREATING ARTICLE IV, "COMMUNICATIONS RIGHTS -OF -WAY"; ESTABLISHING REGULATIONS FOR THE USE OF PUBLIC RIGHTS -OF -WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR Regular Council Meeting 04/17/2001 2 140 REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS -OF -WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALITIES FOR VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES FIRST READING: None 8. RESOLUTIONS: None 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Berlin thanked the Council, Village Manager, and Village Clerk for the induction meeting ceremony and reception. Assistant Mayor Tantleff reported that the buoys are all in place on the beach and look great. Chief Freeman explained that there will be full patrol by the police department and that people will be warned during the first weekend. After that, any boat or jet ski passing the buoy line will be ticketed $65.00. He advised that there is a "no motorized vesser warning on all of the buoys. It was the consensus of the Council for people to be warned the first weekend and have full enforcement thereafter. Chief Freeman advised that the police will be out there to enforce this as often as they can, with the exception of bad weather or mechanical problems. Assistant Mayor Tantleff reported that there is a lot of garbage along Collins Avenue and suggested having the maintenance department pick up garbage at the end of the day. Mr. Treppeda will speak to the Public Works Director about scheduling a last check of the day. B. VILLAGE ATTORNEY: Mr. Weiss reported that there has still been no hearing for the "Motion for Attorneys Fees" on the Bal Harbour Club litigation. He advised that it has been rescheduled for June and Attorney Joseph Serota will be representing the Village. The Council will be notified when a hearing date is set. C. VILLAGE MANAGER: Award of Bid for Installation and Automation of Sprinkler Systems: Mr. Treppeda explained that the following three bids were received to add some sprinklers and to automate some sprinklers as follows: 1. Carlos E. Perez Complete Lawn Sprinkler System & Services $16,275.00 2. Reliable Sprinklers $19,650.00 3. Brooks Sprinkler Service, Inc. $24,740.00 He advised that $45,000 is in the current budget to automate the existing system and to add sprinklers where there are none. Mr. Treppeda reported that this would be the first phase and recommended awarding the bid to the low bidder, Carlos E. Perez Complete Lawn Sprinkler System & Services. Councilman Roth questioned their references. Mr. Treppeda reported that they are working on Bal Harbour's Park Project. He advised that the entire project will be done in approximately three phases. Robert Wheldon, Public Works Director, explained that the sprinklers will also be put on a timer and a rain gauge to comply with any regulations. He Regular Council Meeting 04/17/2001 3 141 advised that Phase two and Phase 3 will probably go into a future budget. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to award the bid to Carlos E. Perez Complete Lawn Sprinkler System & Services in the amount of$16,275.00. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Discussion of Beach Master Plan Fence Proposal and Revised Schedule: Mr. Treppeda distributed and reviewed the revised timeline for the Beach Master Plan, as submitted by Coastal Systems International. He explained that Coastal Systems International is having trouble getting bids for the turtle fence for the Beach Master Plan. Mr. Treppeda stated that putting the fence up is estimated to be $22,000. Due to the time constraints, Mr. Treppeda suggested putting an ad in the Daily Business Review for bids. A motion was offered by Councilman Roth and seconded by Councilman Boggess for the Village Manager to advertise for bids in the Daily Business Review for the construction ofa turtle fence, not to exceed $25,000.00. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Corson aye; Councilman Roth aye. Consideration of Proposal from Arnold Ramos for Monitoring of Traffic Projects: Mr. Treppeda distributed and reviewed a proposal received from Arnold Ramos for monitoring traffic projects in the Village (96th Street Drainage & Resurfacing Project, Haulover Bridge Rehabilitation Project, Abbot Avenue traffic congestion problem, safety issues regarding pedestrian crossing from the Majestic Condo to the corner of the SunTrust Bank, street lighting, and synchronization of traffic signals). He explained that Mr. Ramos has proposed a retainer fee of $2,000 per month, for up to 20 hours. His normal rate is $150 per hour, which he would charge for anything over the 20 hours. Mr. Treppeda advised that Mr. Ramos has done work for the Village in the past. He clarified that Mr. Ramos would monitor all of the projects, make sure that DOT is doing everything properly, and try to work out any problems before they happen. Mr. Treppeda reported that if all the traffic projects in Bal Harbour are on schedule, it will take 280 days to complete. Mr. Treppeda asked for clarification if the Council wants Mr. Ramos to also help with the restrictions on Abbot Avenue. Mr. Treppeda explained that the Village is expecting a lot of traffic problems due to these projects, so Mr. Ramos would do whatever he can to make sure that everything is coordinated to keep traffic moving. Assistant Mayor Tantleff doesn't think that Mr. Ramos is needed because two projects are DOT projects, Surfside doesn't want Abbot Avenue changed, the Village will have to do something about the safety issue itself, the Council will meet on the street lighting, and synchronizing the traffic signals can be handled by the Village Manager. Stanley Whitman, Developer — Bal Harbour Shops, addressed the Council and clarified that the Village would hire Arnold Ramos as an expeditor. In other words, he will protect the Village's interest that the jobs will get done on time, which is very important. Assistant Mayor Tantleff thinks that its the Village Manager's responsibility to make sure that the DOT jobs get done on time. Mayor Berlin questioned Mr. Weiss what Mr. Ramos can do legally and how the Village will impact on the process if necessary. Mr. Weiss stated that under normal circumstances, because the Village is not part of the contract, it would not really have any remedies. Mr. Weiss wants to check the DOT rules to see if neighboring governments have special remedies. If that doesn't exist, he explained that Mr. Ramos would report to the Village and then the Village would have the ability to influence DOT. In other words, the Regular Council Meeting 04/17/2001 4 142 Village would use political pressure as opposed to legal pressure to get things done. Mr. Weiss thinks that Mr. Ramos would serve as an early warning mechanism. Mr. Whitman stated that Mr. Ramos was previously the head of DOT in South Florida (Palm Beach, Broward, Dade, and Monroe Counties), so DOT is not going to kid or ignore him. Councilman Boggess thinks that Mr. Ramos has enough influence and respect within DOT that if he sees something wrong, then he can get it corrected. Assistant Mayor Tantleff requested that if this is approved, that Mr. Ramos submit detailed reports to the Council. Mr. Weiss suggested that the Council have a specific set of objectives that Mr. Ramos is suppose to look at and then on a weekly basis there should be a report from Mr. Ramos regarding those items (timing of the projects, any disruptions, items for actions, quality of the work as it affects the Village, etc.) Mayor Berlin recommended that Mr. Treppeda give Mr. Weiss' suggestions to Mr. Ramos and also ask him to recommend a list of criteria and objectives for him to report on. The conditions would be: Mr. Ramos is to create a list of criteria and objectives, file a weekly report, monthly cost not to exceed $2,000 limit without the Council's approval, and to also come up with a comprehensive plan. The Council can then review his services on a month to month basis and decide to continue or not. Mr. Weiss suggested that Mr. Ramos first come to the next Council meeting and give the Council a report on what the work plan is for the projects and any suggestions of modifications to the work plan in terms of minimizing disruption. Then the Council will have the standard and a timeline. Mr. Weiss also feels that Mr. Ramos should also agree to go to DOT and lobby for the Village, if necessary. Mr. Treppeda requested clarification on whether Mr. Ramos should work on the Abbot Avenue problem or not. Mr. Whitman stated that Bal Harbour previously had Bay Harbor's support on the Abbot Avenue issue and believes they also still want to pursue this. Councilman Boggess explained that there was a long standing agreement signed by several parties that was completely ignored when the City of Surfside and DOT made the changes to Abbot Avenue without Bal Harbour or Bay Harbor knowing about it. Mr. Weiss suggested that Mr. Ramos speak to Village Attorney David Wolpin for the information on Abbot Avenue. It was the consensus of the Council for Arnold Ramos to also look at the Abbot Avenue issue and to come to the next Council meeting. A motion was offered by Councilman Roth and seconded by Councilman Boggess to hire Arnold Ramos subject to: Mr. Ramos creating a list of objective criteria, coming to the Council meeting, not exceeding 20 hours ($2,000) per month without Council approval, submitting weekly reports, lobbying, and keeping Abbot Avenue on the list of things to do. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on April 12, 2001: 1. GMCVB Florida Sales Mission 2. Golf Digest FAM Trip 3. Pasaporte Coupon Book Reprinting 4. 3 Media FAMs by Ana Sanchez TOTAL RECOMMENDED EXPEDITURES $ 1,500.00 $ 750.00 $ 7,000.00 $ 3,000.00 $12,250.00 Councilman Boggess explained that the Resort Tax Committee can spend money on advertising, but everything else must be approved by the Council. Regular Council Meeting 04/17/2001 5 143 A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $12,250.00 for the Resort Tax Committee recommendations as presented. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Park Contamination Issue: Mr. Treppeda explained that the level of Benzine contamination at the Bal Harbour Park Project site is still too high to clear with DERM. He reported that Branching Out, Inc. has submitted a proposal with two different options for the Village to consider as follows: 1. This process will expedite the normal process, will take 60-270 days, and will cost $5,800 - $6,900. 2. This process will clean up the contamination, will take 30-60 days, and will cost $20,000 - $30,000. Mayor Berlin is concerned that Option 1 does not have results that are guaranteed and thinks that Option 2 makes more sense. Mr. Treppeda reported that money in contingency or the fund balance would cover this. Mr. Weiss questioned if the Village has insurance that Option 2 will work. He suggested getting a letter from DERM saying that if Bal Harbour does this, then the problem will be solved. He also suggested getting a letter from Branching Out providing a guarantee that this will solve the problem. Mr. Weiss thinks that the Village has a continuing obligation to clean this up. Mayor Berlin doesn't think that the money to pay for this should come from the money set aside for the Park Project. Mr. Weiss stated that the money will come from the general fund. Mayor Berlin doesn't think that DERM will give any kind of guarantee if the Village does this. Mr. Weiss would at least like something from DERM, even if it's oral, saying that they think this is a reasonable recommendation. Mr. Weiss suggested that Mr. Treppeda have a conversation with DERM to ask them if they will analyze this proposal for the Village. Mr. Weiss also thinks the Village should ask Branching Out, Inc. for a guarantee. They may not give a guarantee, but it's worth asking. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve Option 2, provided that the Village tries to get a guarantee from Branching Out and get some assurance from DERM, oral or written, that this is a reasonable way for the Village to proceed. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth aye. Mr. Weiss stated that if DERM says something different and thinks that this is a bad idea, then it will be brought back to the Council. 10. OTHER BUSINESS: Dog Issue: Joni Blachar, resident — 63 Camden Court, addressed the Council and discussed the threat of safety pertaining to dogs and dog related injuries. She advised that her housekeeper was recently bitten on the abdomen by a dog in the Security District. Mrs. Blachar also discussed the problem of dogs running loose, barking dogs, dogs on electronic leashes, and numerous dogs at one residence. Mrs. Blachar requested a more specific ordinance for dogs concerning the issue of noise as well as number, size, species, manner to be housed, barking, and clarification of the meaning of leash. Mrs. Blachar distributed numerous police reports pertaining to dog related incidents and pictures of her housekeepers injury. Regular Council Meeting 04/17/2001 6 144 Mayor Berlin thinks that the Security District Civic Association is going to be sending out letters to Security District residents advising them that if they are found in violation of these issues they will get a warning. Then the second time they are in violation, they will loose their decal privileges for a specified period of time (30 days), then additional time for each violation after that (6 months to 1 year). In the next agenda, Mr. Weiss will include a sampling of ordinances from other communities. He explained that this has never been an issue in Bal Harbour before, but it needs to be addressed now. Mayor Berlin thinks that "leash" needs to be clearly defined, including the length and type, not permitting electronic leashes because they're not effective. Mr. Weiss stated that electronic leashes are usually prohibited beyond the fa9ade of the front of the house. Even though the dogs could be shocked if they jump, the issue is that they're scaring people. Mr. Weiss thinks that the Civic Association may want to consider something like that also. Mrs. Blachar thinks that a $50 fine is not enough. Mayor Berlin also thinks that the real issue is enforcement and having an ordinance that has teeth to it. Mr. Weiss will bring a tough animal ordinance to the Council for first reading at the next Council meeting. Mr. Weiss will contact Mrs. Blachar for input. Mr. Weiss advised that the Civic Association also has tremendous power to promulgate rules and regulations. Mayor Berlin would like to see in the ordinance that if a dog is running loose after a warning is issued, then there be a mechanism to remove the dog permanently from the community. Mayor Berlin also recommended a huge step up in the fine from $50 to $500 to $5,000 to $50,000, etc. Mayor Berlin stated that the Code Enforcement Officer should visit the house with numerous dogs and advise them that if they are selling the dogs, then it's an illegal activity in Bal Harbour. Laurie Lehman, resident-30 Park Drive, addressed the Council and advised that she was severely bitten two years ago in front of her house by a dog running loose in the Security District. She advised that an 85 year old resident was also bitten by a dog one year ago in the Security District and that same dog also bit Ms. Lehman's dog. Ms. Lehman advised that her students (Bay Harbor Elementary) have stated that large dogs have run after them. Due to these incidents, Ms. Lehman is petrified to walk in the Security District. Mr. Weiss will research this issue and have an aggressive ordinance next month. Ms. Lehman questioned if the residents have any affiliation with the Sheraton for a membership to use their facilities. Mr. Treppeda will contact the Manager at the Sheraton. Bal Harbour Park Project: Mr. Treppeda advised that he was approached by several mothers in the Village about the possibility of adding a water feature to the Bal Harbour Park. In addition, it has been suggested to use a rubber surface, instead of sand, which might create a cat and sanitary issue. Mayor Berlin questioned if mothers in the Security District had input in the original plan for the Park Project. Mr. Treppeda responded no. Mayor Berlin stated that he was also approached concerning these issues and he looked at parks in neighboring municipalities (Golden Beach and Aventura). He reported that Golden Beach has a rubber surface, which is environmentally safe and has a forgiving surface. He is concerned that the sand surface would become a giant litter box and would be a haven for disease. Mayor Berlin discussed the water feature recommended and explained that it is a fine mist spray, which emits into the air, and is used as a cooling agent using very little water. He advised that some playgrounds incorporate the water in their Jungle Jim sets. Mayor Berlin stated that since the project is at a standstill and will take at least 60-90 days to Regular Council Meeting 04/17/2001 7 145 continue construction, this might be an opportunity for Mr. Treppeda to set up a meeting with mothers and other interested parties, and then come back to the Council with some input. Mr. Treppeda will contact Nina Rudolph, Bal Harbour resident, and set up a meeting for mothers and other interested residents in the Village, along with the Architect for the project, to discuss these issues. Silvia Holder, resident-24 Bal Bay Drive, addressed the Council and agreed that there's a dog problem in the Security District. Mrs. Holder thanked the Council for putting up the buoys on the beach. 11. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:30 p.m. May6r Howard J. Berlin Attest: Je*nette Horton, CMC/AAE/CLO Village Clerk /elh Regular Council Meeting 04/17/2001 8