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HomeMy Public PortalAbout2001-05-15 Regular Meeting153 COUNCIL MINUTES REGULAR MEETING — MAY 15. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 15, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:05 p.m. by Mayor Berlin. Those present were: Mayor Howard J. Berlin Assistant Mayor Daniel Tantleff Councilman Peg E. Gorson Councilman Seymour Roth Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman James E. Boggess As a quorum was determined to be present, the meeting commenced. 2. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the April 16, 2001, Council Induction Meeting, April 17, 2001, Regular Council Meeting, and May 7, 2001, Council Workshop Meeting. The motion carried unanimously (4-0), with Councilman Boggess absent, and the minutes were all approved as submitted. i. PRESENTATIONS: OFFICER OF THE MONTH — OFFICER PAUL EPPLER: Chief Larry Freeman announced that Officer Paul Eppler was selected as the Officer of the Month, for April 2001, for his exemplary work of the enforcement of traffic and parking law violations, as well as Village ordinances. Chief Freeman explained that Officer Eppler also rescued a resident (6 years old), who accidentally rode his bicycle into the Yacht Basin in the Security District. Chief Freeman presented Officer Eppler with the Officer of the Month plaque. On behalf of the Village, Mayor Berlin presented Officer Eppler with a check. 4. PUBLIC HEARINGS: None S. ORDINANCES SECOND READING/PUBLIC HEARINGS: None 6. ORDINANCES FIRST READING: An Ordinance was read, by title, by the Village Clerk, amending Chapter 9 of the Village Code by amending section 9-34 pertaining to occupational license tax schedule. Mayor Berlin stated that if these are in fact storage spaces and no business of any kind is taking place there, and they are no greater than and no less than what one would rent if they went into a public storage facility (closet), then he has no problem with them not being Regular Council Meeting 05/15/2001 1 154 required to submit for an occupational license for that space, with two caveats. First, he would ask that the Village Attorney provide a definition of the term "storage space" so that it's understood that if there's a desk, phone, any kind of communications device, employees, staff, mail is received there, etc. or anything other than a closet, then it's not a storage space and an occupational license would have to be obtained for business purposes. He explained that secondly, the shop owners have to be reminded that the inventory that they store there is part of their occupational license tax and they are required to account for it. Councilman Roth agreed and clarified that it was made clear that there are some businesses that have a desk or telephone there, so an occupational license is being collected from them for that. He advised that it was made clear that if the storage is inventory only, then it has to be included in the store's total inventory. Mr. Weiss suggested making a motion to amend the ordinance to add a definition of storage space, then the specific wording will be brought to the Council on second reading. Assistant Mayor Tantleff questioned if someone from the Village will be checking on the storage spaces to make sure they have an occupational license, if one is needed. Mrs. Horton advised that the Code Enforcement Officer will periodically check on that. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve this ordinance with the amendment to define "storage space." The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth ave. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 9 "LICENSES AND BUSINESS REGULATIONS," AT ARTICLE II "OCCUPATIONAL LICENSE," BY AMENDING SECTION 9-34 "LICENSE TAX SCHEDULE," AT PARAGRAPH (A) "RETAIL SALES AND LEASE -GOODS," BY CREATING PARAGRAPH (3) "NO ADDITIONAL LICENSE REQUIRED FOR STORAGE ACCESSORY TO SELLING OF MERCHANDISE," PROVIDING THAT A SECOND OCCUPATIONAL LICENSE IS NOT REQUIRED WHERE A MERCHANT MAINTAINS, AT A SEPARATE LOCATION WITHIN THE SAME BUILDING AS THE LICENSED PRIMARY BUSINESS PREMISES, A STORAGE SPACE UTILIZED SOLELY AS AN ACCESSORY TO THE PRIMARY MERCHANT USE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. An Ordinance was read, by title, by the Village Clerk, amending Chapter 5 of the Village Code by creating Section 5-7 "Control of Dogs." A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth for discussion purposes. Mr. Weiss explained that a couple of years ago, the Florida Legislature changed Section 827.27, which deals with local animal control and cruelty ordinances. He stated that years ago, the things the Council is talking about, had criminal penalties imposed; however, the Legislature has limited the Village's ability to criminalize these types of acts and has also limited the ability to charge penalties and fines. So, the Legislature states that these are civil infractions, so nobody can be put in jail for a violation of this ordinance. Also, normally the Village can charge whatever fine it wants as imposed by ordinance, but in this particular case, the Legislature has limited the Village's ability to charge fines, to a maximum of $500. In addition, it is required that the Ordinance the Village enacts have a provision in it that says if Regular Council Meeting 05/15/2001 2 155 someone does not contest the citation, then the fine must be less. If it is contested, then there's a mandatory court appearance. If the person doesn't show up, then they're in contempt of court. Also, the Village would then have the ability to charge a higher fine over the non -contested fine. Mr. Weiss stated that there's also Chapter 5 of the Dade County Code, which is very extensive and deals with all sorts of licensing, including the ability to have a dog designated as a dangerous dog. There are also procedures, penalties, impoundment, etc. and all of the provisions of the County ordinance have been incorporated into the Village's ordinance, so it can be enforced as deemed appropriate. Mayor Berlin reviewed the ordinance by section for comments by the public. Mr. Weiss reviewed Section 5-7 (b)(4) No Responsible Party shall allow a Dog to remain in the Front Yard of the premises of the Responsible Party unless secured by a leash or restrained by a wall so that the Dog may not reach the sidewalk adjacent to the premises or leave the premises to run At Large. The wall utilized may consist of a wall or other enclosure authorized by the zoning code or of an authorized and permitted low voltage electric barrier. If an electric barrier is used it shall not be located any further from the front of the house than five (5') feet and no closer than five (5') feet to any sidewalk or public or private street." Mr. Weiss explained that the electronic barriers work by burying a trench in the lawn and then a wire is buried. If the dog comes within a certain distance of that wire, then it gives them a shock. He explained that if the owner buried the wire at the property line, then the dog can go up to the property line and scare people that are walking down the street. So, this would give a significant distance between the trench and the street, so that people walking by wouldn't be frightened by the dog. Joni Blachar, resident — 63 Camden Court, questioned if electric barriers have to be allowed at all. Mayor Berlin recommended eliminating electrical barriers. He feels that electronic leashes and barriers are only as good as the machinery and, if the electricity is off, then there is no barrier. His inclination would be to eliminate all forms of electrical barriers. A motion was offered by Mayor Berlin and seconded by Assistant Mayor Tantleff to eliminate electrical barriers from the ordinance. Mrs. Blachar reviewed Section 5-7(b)(3) "No Responsible party shall possess a Dog unless such Dog shall wear a substantial, durable collar or harness at all times, to which a valid Miami -Dade County license tag shall be securely attached." Mrs. Blachar questioned if dogs are required to be registered with the Village. Mr. Weiss responded that the Village doesn't currently register dogs. Phil Corbisiero, resident — 63 Bal Bay Drive, addressed the Council and questioned if it's possible to have the dogs registered with the Civic Association. Mr. Weiss stated that the Civic Association could do that, but its not something that the Village would do by ordinance, because the Association is a private entity separate from the Village. Mr. Weiss stated that he wouldn't want to give an opinion on what the Civic Association can or cannot do, but thinks that it sounds like something they could probably do. Mr. Corbisiero questioned if the Civic Association institutes that policy, if it could be legal to make a mandatory workshop for licensed dogs in Bal Harbour. Mr. Weiss suggested that Mr. Corbisiero speak to the Civic Association's Attorney. Assistant Mayor Tantleff reviewed Section 5-7(c) "Limitation on Number Dogs" and doesn't see how the number of dogs can be limited. He thinks that the ordinance is to make sure that the dog is leashed, quiet, and so people won't get bitten, but feels that its arbitrary to limit the amount. Councilman Roth and Mayor Berlin disagreed. Mayor Berlin feels that it should be limited to two (2) dogs, not three (3). Councilman Roth agreed. Mayor Berlin stated that after a certain number it becomes a kennel, which the Village is trying to prohibit. Mayor Berlin commented on the definition of "person" and is concerned that if it is said that "no person shall keep more than 3 dogs," then, theoretically, if there's a family of 4, then each member Regular Council Meeting 05/15/2001 3 156 could have 3 dogs each, etc. Mayor Berlin wants to make sure that it's clarified that a single family residence cannot have more than x number of dogs. Mayor Berlin stated that the idea is to control the situation. Mr. Corbisiero agreed with the Mayor and thinks that a limit of 2 dogs per residence is more than enough. Mr. Corbisiero stated that on the electrical fences, the problem with the property line is that if the dog charges off it and winds up in the street, then they will never come back in because they will get the same electrical shock. Mrs. Blachar feels that it should be limited to two dogs. She questioned if "No residence shall keep more than 2 dogs or more than four (4) puppies" means and 4 puppies or 4 puppies. Mr. Weiss clarified that it's conjunctive and means that the residence can have 3 dogs and4 puppies. Mr. Weiss stated that the Council can do whatever it wants with that. Mrs. Blachar feels that it should be one or the other, but not both. She stated that if there are puppies, then the puppies can be kept until they are weaned. Mrs. Blachar's concern was that she thinks a particular neighbor was breeding puppies. Mayor Berlin stated that there's a definition of puppies and a puppy can be kept until it's 4 months old, then it's no longer a puppy and has to be considered a dog. Joan Jacomo, resident — 97 Camden Drive, addressed the Council and feels that the amount of dogs needs to be limited to two. She also thinks that the dogs should have tags that have the dog's name, the owners name and the owners telephone number. A motion was offered by Councilman Roth and seconded by Mayor Berlin to modify subsection (c) to limit the number to two (2) dogs and four (4) puppies. Mayor Berlin stated that the Village has an interest in solving a problem, but doesn't want to be punitive. He questioned what should be done, in terms of enactment, if there are people who already have 3 dogs. Mr. Weiss stated that under the way the ordinance is written, they would have to get rid of one. Assistant Mayor Tantleff stated they could be grandfathered in. Mr. Weiss stated that the Village could provide a registration procedure. Mayor Berlin stated that it's a two edged sword because if they're grandfathered in, then the Village isn't solving some of the problems. If they aren't grandfathered in, then it could be punitive. Mr. Weiss stated that if someone has more than two dogs, then within a certain amount of time (6 months, 1 year, etc.) they would need to find another home for the dog. Assistant Mayor Tantleff questioned how many homes have more than two dogs. Mayor Berlin stated that his inclination is that there be no grandfather provision because the Village is trying to solve a problem to protect people. A motion was offered by Assistant Mayor Tantleff and seconded by Mayor Berlin to change the word "person" to "household or residence" in subsection (c). Mr. Weiss explained Section 5-7(f) "Restrictions on Dogs of Certain Size" and stated that certain sizes of dogs frighten anybody, so the attorneys arbitrarily came up with 50 pounds, because that's a big dog. If they weigh more than that, they either have to be indoors, on a leash, or confined to the rear yard. Assistant Mayor Tantleff disagreed about not allowing the dog to be in the front yard. Mayor Berlin stated that this came to the Council as a significant problem and he also knows that the Civic Association has been trying to deal with this problem. He suggested that in order to make this a meaningful ordinance, it needs to be tough. He advised that if it's not tough, then it doesn't serve its purpose. Mayor Berlin recommended that, particularly on first reading, the Council approve the toughest form that it's comfortable with. Mayor Berlin requested that it be given extensive notice so all of the Village residents know about it. Then, on second reading, the residents can tell the Council if they're going too far. If nobody thinks that the Council is going too far, then it will be passed on second reading. Mayor Berlin stated that the Council is trying to protect lives because people came to the Council and told stories about how they were bitten. Mr. Corbisiero addressed the height of the wall enclosure being 4 feet. He feels that it should be 6 feet, because 4 feet isn't that high and a dog could jump over that. Mr. Weiss stated that one of the concerns with creating very high walls is that there's an aesthetic issue. They also didn't Regular Council Meeting 05/15/2001 4 157 want to create a conflict with the zoning code. Mr. Corbisiero suggested that if it has to be 4 feet, then the fence should also be secured by a chain. Mayor Berlin requested that Mr. Corbisiero sees that the Civic Association Board accepts this ordinance at their next meeting, so somebody can come to the next Council meeting and report the position of the Board. Mr. Corbisiero agreed. Mr. Weiss reviewed subsection Section 5-7(g) Dangerous Dogs and explained that this incorporates the Dangerous Dogs section of the Dade County Code, so that the Village's Code Enforcement Officers are able to enforce it. He advised that it provides for dealing with problems, procedure, confiscation, and disposal of dangerous dogs. Mr. Weiss reviewed Section 5-7(h) Penalty; Enforcement and explained that they made a sliding scale and it's up to the Council's judgment if they should be higher or lower. He advised that if someone has 2 dogs running around the Village, then that would be 2 violations. If somebody had a dog running around for 2 days, then that would be 2 violations. Mayor Berlin commented on the amount paid if it's not contested and suggested that rather than having it be $100 across the board, that it be 50% of the applicable fine, or $100, whichever is greater. So, if they're up to $500, they shouldn't be able to get off with a $100 fine, it should be at least $250. A motion was offered by Assistant Mayor Tantleff and seconded by Mayor Berlin for the tine to be 50% of the applicable fine, or $100, whichever is greater, for people that don't contest the fine. Councilman Roth stated that this is going to be stringent for some residents and doesn't feel that it has to be put in the enforcement act, but thinks there should be a short period with warnings (a couple of weeks). Councilman Roth is for strict enforcement, but would like a warning period. Mr. Weiss stated that the Village Manager can be instructed to send copies of the ordinance to every person in the residential district stating that it will be strictly enforced, will take effect 2 weeks after its adoption, and there will not be any warnings. Councilman Roth agreed. Mayor Berlin reviewed Section 5-7(h)(2)(c) and discussed the designation of an animal control officer. Mr. Weiss explained that an animal control officer can be anybody in the Village and there's no definition. So, theoretically, police officers and code enforcement officers could be designated. Or, the Village could contract with someone, part time or full time, or with a company, to come in and do this. Mayor Berlin suggested that all of the members of the police department and the code enforcement officer enforce this. The Village should also consider a part time animal control officer that can come to the Village at different times of the day to enforce this. Mayor Berlin thinks that if someone is focused on this, then it will probably clear itself up quickly and there won't be a problem. A motion was offered by Mayor Berlin and seconded by Assistant Mayor Tantleff to consider hiring a part time Animal Control Officer. Mr. Weiss stated that it's already covered in the ordinance to provide for an animal control officer, so on second reading, the Council would instruct the Village Manager to hire someone to work 20 hours a week to do this. Mayor Berlin requested that Mr. Treppeda make a note of that. Larry Freeman, Chief of Police, addressed the Council and questioned, under Section 5.7(h)(2)(d), if the Village wants to go to County court. Mr. Weiss advised that State law requires that's where it has to go. Chief Freeman addressed Section 5.7(h)(2)(f) and advised that the Village needs the form of the citation to be used, in order to have time for it to be printed and issued to officers, before the ordinance can be enforced. Mrs. Blachar discussed Section 5-7(f) Restrictions on Dogs of Certain Size and is concerned that it doesn't state that the fence needs to be locked. A motion was offered by Mayor Berlin Regular Council Meeting 05/15/2001 5 158 and seconded by Assistant Mayor Tantleff to include that the fence should be locked. Mrs. Blachar stated that when Mr. Weiss spoke about each dog and each offense, it's not specified in the ordinance as a separate offense. Mr. Weiss doesn't think that's necessary and that it's very clear. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the following amendments: eliminate electric barriers, person versus household issue, 2 dogs and 4 puppies, 50% of the fine or $100 whichever is greater for people that don't contest, the fence must be locked, effective date will be 30 days after adoption, and the grandfathering issue is to be discussed at the second reading. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the ordinance as amended. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth ave. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 5 "ANIMALS" BY CREATING SECTION 5-7 "CONTROL OF DOGS;" PROVIDING FOR DEFINITIONS, RESTRICTING DOGS FROM RUNNING AT LARGE, PROVIDING SPECIFIC CONTROL REQUIREMENTS, PROVIDING LIMITATION ON NUMBER OF DOGS, PROHIBITING KEEPING DOGS COMMERCIALLY, RESTRICTING NOISE OF DOGS, PROVIDING RESTRICTIONS ON DOGS OF CERTAIN SIZE, REGULATING DANGEROUS DOGS, ADOPTING CERTAIN RELATED COUNTY CODE PROVISIONS, PROVIDING FOR PENALTY AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. Mayor Berlin requested that notice be given about this ordinance to residents throughout the Village, prior to second reading. Mrs. Horton stated that postcards will be sent out to all residents. Mr. Treppeda was directed to place an ad in the Neighbors section and Daily Business Review. 7. RESOLUTIONS: A Resolution was read, by title, by the Village Clerk, requesting an easement from the Board of Trustees (Internal Trust Fund of the State of Florida) for the jogging path and dune restoration project. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this resolution. The motion carried with the vote asjollows: Mayor Berlin aye; Assistant Mayor Tantleff ave; Councilman Boggess absent; Councilman Gorson aveeCouncilman Roth ave. Thus becoming: RESOLUTION NO. 617 A RESOLUTION OF VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, REQUESTING AN EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, AS NECESSARY TO CONSTRUCT THE BAL HARBOUR JOGGING PATH RELOCATION AND DUNE RESTORATION PROJECT, AND PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting 05/15/2001 6 159 8. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff stated that he and Councilman Roth always go to the Dade County League of Cities meetings (1st Thursday) and invited Mayor Berlin and Councilman Gorson to join them anytime they want to go. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: DOT Update on 96t'' Street Drainage Project: Mr. Treppeda explained that DOT is still in the area of Village Hall and there is a representative from DOT and from Gilbert Southern (DDT's Contractor) here to discuss the time factor. Gwyon Nelson, Gilbert Southern, and Ivan Hay, DOT, addressed the Council. Mr. Treppeda stated that they originally anticipated finishing the portion on Bal Bay Drive and being able to open the gate to the Security District at the end of April. However, that hasn't happened yet. Mr. Treppeda questioned what they expect as far as the timing. Mr. Hay advised that they expect to have that area open by May 24th. He reported that it won't be completely restored, but they will have it open for access for the residents. Mr. Hay advised that, subsequently, in 3 weeks they will have it paved. Mayor Berlin questioned if there will be access day and night. Mr. Hay stated no. Mr. Nelson explained that the trunk line in the drainage goes down the center of Bal Bay Drive, which is where they have been running into a lot of conflicts and problems with the schedule. He advised that in an attempt to keep things open in the daytime, they endeavored to do that work at night and ran into a lot of conflicts and problems, so they are doing that work during the day now. Mr. Nelson advised that they are now at the end of Bal Bay Drive and, as soon as they move out to 96th Street, that work will go back to nights. So, basically they have another 70 feet of deep pipe to get out to where they're working in the middle of 96t Street. At that time, they have to do the work at night, per their DOT contract. So, at that time, Bal Bay Drive will be open during the day and closed at night. Mr. Nelson advised that Bal Bay Drive will close at 9:00 p.m. He advised that after May 24th, it will take several weeks to restore the sidewalk, curb and gutter, and to do the roadway base work, etc. He advised that they will leave the road open as much as they can during that, but during the day that they pave, they may have to close the road. There's also one day of underground drainage work, when the surface drainage has to be replaced, that they will have to dig across the road. Mr. Nelson advised that there's a catch basin on the corner that they have removed a pipe from. They can pour the curb and keep half the road open for traffic. Mayor Berlin stated that Memorial Day weekend tends to bring a lot of traffic on Collins Avenue. So, if they can hold the May 24th date, that would be appreciated. Mr. Nelson stated that, by their contract, they're not allowed to be in the road over that weekend. Update on Beach Master Plan — Coastal Systems International: Mr. Treppeda explained that Laura Shepherd will report on where the Beach Master Plan project stands. Laura Shepherd, Coastal Systems International, addressed the Council and explained that they are in the process of getting the building permit and should have it by the end of the month. They are also putting together the bid package and specifications, which should be complete by the end of this month. Ms. Shepherd advised that they are also processing an easement application, with the Department of Environmental Protection State Lands Division, which they had requested that the Village process a resolution for. She reported that the easement is for the lands that are east of the Erosion Control Line (ECL), Regular Council Meeting 05/15/2001 7 160 which are owned by the State of Florida. The resolution notifies the DEP that the Village is requesting use of those lands. Mayor Berlin stated that there's still a price issue that needs to be resolved. Ms. Shepherd stated there is a price issue, but doesn't think that it's going to be that great. She advised that the amount of land that the Village is requesting is less than a square mile and usually, if it's less than a square mile, they don't appraise the land. Also, since it's a Village, a local municipality, they will waive the initial application fee of $300. Ms. Shepherd stated that thus far it looks like the Village will get by with very low processing fees. She explained that next month they plan to go out to bid and there will probably be a 30 day open bid time for people to pick up bid packages, which will be through June. They anticipate the selection of a Contractor at the beginning of July and also anticipate receiving the easement by the beginning of July. At that time, they should already have the building permit. Ms. Shepherd explained that the easement and the building permit are required for issuance of the Notice to Proceed from the DEP, which authorizes the Village to begin construction. Once the Notice to Proceed is issued, there will be an onsite construction meeting. At the meeting, everyone will be introduced, DEP regulations will be reviewed, and then construction can begin. Ms. Shepherd estimated that construction will begin in mid -July. She advised that construction will take 3-4 months, which will be the end of November. Mayor Berlin questioned if rain will hamper the construction schedule. Ms. Shepherd stated that only severe rain or storms will halt construction. Mayor Berlin questioned about the turtle fence. Ms. Shepherd advised that they were able to get DEP to agree that, instead of installing a permanent turtle fence now, a turtle fence will be installed at the time of construction. So, that's included in the bid package, which will save the Village money. She advised that they also made it a transitional fence, so the 500 foot fence will move along with the construction, which will also save money. Discussion of Proposal from Arnold Ramos & Associates, LC for Monitoring of Traffic Projects: Mr. Treppeda explained that at the last meeting, the Council requested that the Village's Traffic Engineer, Arnold Ramos, appear before the Council. He advised that Mr. Ramos has adjusted his proposal to represent the Village on various traffic issues. Arnold Ramos, Traffic Engineer, addressed the Council and reviewed the following items on his proposal: Task A 1. 96th Street 2. Haulover Bridge Task B 1. Street Lighting Project 2. Signalization Timing Plan Task C 1. Abbot Avenue Mr. Ramos explained that he is proposing to work on the Village's behalf on a retainer basis, less than his customary fee. He advised that he will work closely with the DOT and the DOT Contractor, to monitor the two DOT jobs, as well as the Abbot Avenue project. Mr. Ramos advised that he will be speaking with the Village Attorney regarding Abbot Avenue. He reported that at one time, DOT offered the Village the opportunity to widen the road, which would restore one additional lane at Harding and 96th. If that's acceptable to the Village, then he can go back to resolving the problem and not fighting a legal battle by trying to open Abbot Avenue. Mr. Ramos stated that the widening would affect the sidewalk from the Majestic at the SunTrust Bank. He reported that he will work through the Village Manager and provide weekly reports. He will also appear before the Council, if needed, at no additional cost. Mr. Ramos advised that if there's any need to speak to any of the homeowners' associations or Regular Council Meeting 05/15/2001 8 161 groups, then he would be glad to do that. Mayor Berlin impressed that the Village will see the greatest value by Mr. Ramos actually influencing what DOT is doing. Mr. Ramos understands that and stated that if he can't do that, then he hasn't done his job. Councilman Gorson questioned if it is within Mr. Ramos' realm to increase the time of the white signal, for people to cross the street. Mr. Ramos stated that's under signal timing and he will work with Dade County to see what can be done to improve it. A motion was offered by Councilman Roth and seconded by Councilman Gorson to retain Arnold Ramos to carry out the tasks listed in his proposal (cost is $2,000 monthly for 20 hours). The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye: Councilman Roth ave. Harbour House Request to Display Banner Sign: Mr. Treppeda explained that the Harbour House has asked the Council to defer this item. He advised that they may try to come back next month to ask for a sign for their building. Councilman Roth questioned if the Harbour House has signed the easement agreement for the Beach Master Plan. Mr. Treppeda responded no. Councilman Roth directed Mr. Treppeda to contact them regarding the Village's need to receive an executed agreement. Request for Approval Beer/Wine License — The Dining Room at Maiestic: Mr. Treppeda explained that this is a request for a license (2COP) to serve beer and wine at the Majestic Dining Room. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve a Beer/Wine License for the Dining Room at the Majestic Condominium. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye: Councilman Boggess absent; Councilman Gorson ave: Councilman Roth aye. Mayor Berlin discussed the Village's resort tax. Mrs. Horton clarified that the businesses collect resort tax and they have to remit it to the Village by the 20th of the month. If they don't remit it by the 20th, then there's a 10% penalty. Then, if they don't remit it by the end of the month, there's another 10% penalty. Mrs. Horton advised that it's just like sales tax. Mayor Berlin requested that the Village Attorney confirm that the same penalty and the same remedies apply to the resort tax, as the state sales tax. Mr. Weiss stated that it's different, but he will look into that. Approval of Mutual Aid Agreement with Florida City Police Department: Mr. Treppeda explained that the City of Florida City has requested a Mutual Aid Agreement with Bal Harbour, so that the police departments can work together in the event that they need assistance. He reported that the Village did help the Florida City Police Department when Hurricane Andrew came, so there are times when the departments can assist each other. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the Mutual Aid Agreement with the Florida City Police Department. The motion carried with the vote as follows: Mayor Berlin aye: Assistant Mayor Tantleff aye: Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Regular Council Meeting 05/15/2001 9 162 Approval of Updated Statewide Mutual Aid Agreement: Mr. Treppeda explained that the Village has already entered into the Statewide Mutual Aid Agreement; however, they have requested some amendments. He advised that the Village Attorney has reviewed the amendments and has recommended that the Village approve this. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve the updated Statewide Mutual Aid Agreement. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Request for Expenditure of Federal Forfeiture Funds: Mr. Treppeda explained that the Police Chief has requested to expend federal forfeiture funds to rent a space at the Yacht Basin, which would enable the Jet Ski to have a place to stay at all times and to have quicker access when residents complain about boats in the swimmers' area. He advised that the cost is $100 per month. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleffto approve the expenditure of $1,200 (100 per month) in federal forfeiture funds to rent a space at the Yacht Basin for the Jet Ski for one year. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleffaye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Discussion of Right Turn Only Designation at Palace Condominium: Mr. Treppeda explained that the Council had asked staff to look into placing a "right turn only' sign at the Palace Condominium. He advised that DOT originally thought it was okay, but then they met with the residents of the Condominium and the Palace Board advised that they do not wish to endorse that change. Due to that, DOT does not want to get involved and will not make a change. Mayor Berlin stated that if the Palace doesn't want it and the DOT doesn't recommend it, then the Village shouldn't get involved in it. Councilman Roth thinks that it creates a traffic problem and other residents have complained about it. He doesn't think the Council should let it end just because the Palace's Board doesn't want it. Councilman Roth suggested that Mr. Ramos look into this. Mayor Berlin suggested that Mr. Treppeda ask Mr. Ramos to include this in one of his first reports and to also ask him to meet with the Palace Board. He requested that the Council be advised of the results of that discussion. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on May 10, 2001: 1. Rooms for Irish Morning Show Crew 2. La Cumbre Trade Show 3. Tropicool Summer Radio Promotion TOTAL RECOMMENDED EXPEDITURES $ 3,000.00 $ 3,500.00 $ 2,000.00 $ 8,500.00 A motion was offered by Mayor Berlin and seconded by Assistant Mayor Tantleffto approve $8,500 in resort tax funds. The motion carried with the vote asjollows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. 9. OTHER BUSINESS: Regular Council Meeting 05/15/2001 10 163 Roslyn Meyer, resident — 10101 Collins Avenue (Palace Condominium), addressed the Council and stated that the residents at the Palace are very interested in keeping their turn at the Palace and will be interested in speaking with Mr. Ramos. Ms. Meyer questioned if there's going to be a right-of-way for bicycles on the Beach Master Plan. Mayor Berlin responded no. Ms. Meyer questioned if water fountains will be installed along the new jogging path. Mr. Treppeda stated that it was never decided definitely, but is something that can be discussed if the Council wants one. Councilman Roth stated that some people suggested having a couple of emergency phone stations on the beach to call 911,or the local police department. It was the consensus of the Council for Mr. Treppeda to make sure that emergency phone stations on the beach are implemented, with a direct line to the Bal Harbour Police Department. Sylvia Holder, resident — 24 Bal Bay Drive, addressed the Council and requested an update on the Bal Harbour Park. Mr. Treppeda explained that after the underground fuel tanks were removed, there was a contamination problem, which is almost solved. He explained that it was holding up the basketball court, because DERM had to decide what they wanted the Village to do. Mr. Treppeda stated that DERM is going to allow the Village to put some monitoring wells outside of the basketball court area, but the Village is waiting to get that in writing from DERM so it can proceed. He also advised that DOT has all of their equipment at the park area, so once they remove their equipment, then the Park Contractor can get back to work. Mrs. Holder questioned if the Council has considered disregarding the basketball court and just making a nice park without ball playing, etc. so that the Village doesn't have to get rid of the Benzine deposits, etc. Mayor Berlin stated that the Village has to get rid of it anyway because it has a cleanup responsibility. 10. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Gorson to adjourn. The motion carried unanimously (4-0), with Councilman Boggess absent, and the meeting adjourned at 4:18 p.m. or Howard J. Berlin Attest: Jeanette Horton, CMC/AAE/CLO Village Clerk /elh Regular Council Meeting 05/15/2001 11