HomeMy Public PortalAbout2001-06-12 Regular Meeting167
COUNCIL MINUTES
REGULAR MEETING — JUNE 19r 2001
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 19,
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:
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
David Wolpin, Village Attorney
As a quorum was determined to be present, the meeting commenced.
4. PLEDGE OF ALLEGIANCES The Pledge of Allegiance was led by Mrs.
Gina Berlin.
Mayor Berlin announced that a former member of the Bal Harbour Village Council (1983-
1987), Estelle Antiles, passed away on June 11, 2001. A moment of silence was observed
in memory of Estelle Antiles.
3. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and
seconded by Assistant Mayor Tantleff to approve the minutes of the May 15, 2001, Regular
Council Meeting, May 29, 2001, Special Council Meeting, and May 30, 2001, Special Council
Meeting. The motion carried unanimously (5-0), and the minutes were all approved as submitted.
4. PRESENTATIONS:
GAVEL PRESENTATION TO FORMER MAYOR ANDREW
HIRSCHL: Mayor Berlin presented former Mayor Andrew Hirsch! with the gavel used
during his term as Mayor and acknowledged his dedicated service.
AWARD OF RECOGNITION: Chief Larry Freeman explained that this
presentation is canceled due to a family illness.
S. PUBLIC HEARINGS: None
Survey of Elected Official Compensation in Miami -Dade County
Municipalities: Mayor Berlin requested that this item be taken out of order. He explained
that one of the Council members requested that this matter be placed as an item on the
agenda. Mayor Berlin clarified that his salary to serve as Mayor is $1,800 a year and the
other Council members receive a salary of $1,200 a year. Mayor Berlin feels that there is
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no way to measure the Council's contributions with the compensation that's reflected.
Mayor Berlin advised that a survey, provided by the Village, shows compensation for the
Council members of other municipalities ranging from $0-$142,000 per year. He doesn't
see this as a salary position; he sees it as a position of public trust. Mayor Berlin thinks it's
a fair issue to discuss, but suggested that each Council member talk to residents in the
community during the summertime and get some input regarding this issue. He also
recommended that each member speak to the Village Manager about the results of their
discussions, and then this item can be discussed again in the Fall. If there's an interest by
any Council member to take action, then it can be taken at that time. It was the consensus of
the Council to table this issue for now.
Ray Jacomo, resident — 97 Camden Drive, addressed the Council and discussed
problems with the property at 77 Camden Drive, which has been without a finished roof for
over 1 year. Mr. Jacomo recommended that the Village Code be amended to allow for a
daily fine, on an escalating basis, so the roof can be done, or to seek some sort of
foreclosure procedure whereby the Village can go in and rectify the problem. Mr. Wolpin
advised that the Village has very diligently pursued the code enforcement proceedings
concerning this property and the Village currently has several liens for non-compliance with
code enforcement orders and other liens as well. Mr. Wolpin advised that previously there
were foreclosure proceedings pending by the Chase Manhattan Bank and it's the Village's
understanding that those proceedings are again imminent. He advised that it would not be
in the interest of the Village to attempt to foreclose on its own liens at the same time that
prior and superior bank liens exist. Mr. Wolpin advised that the Village will continue to
pursue whatever code enforcement means are available. Mr. Wolpin advised that the legal
strategy is that the Village's code enforcement liens are, under Florida law, considered to
be inferior to an existing bank held mortgage; therefore, the Village would not be in a
position to foreclose its interest in the property. The Village would still be subject to the lien
held by Chase Manhattan Bank. Mr. Wolpin advised that if the bank successfully
forecloses on the property, then it would acquire all the rights, title and interest of the
owners and would sell the property. He reported that the bank would have the right to cut
off any of the Village's code enforcement liens, but would not cut off the Security District or
other special assessment type liens. The Village is doing everything it can do at this point.
Mr. Jacomo feels that something has to be done to make the lien astronomical so that
there's some action. Mr. Wolpin advised that a meeting with the Special Master is
scheduled for June 27, 2001, for further code enforcement proceedings. Mayor Berlin
stated that it's the mood of this Council to vigorously enforce the Code and prosecute
violators. Mayor Berlin requested that the Code Enforcement Officer be aware that just
because there are pending violations, that should not absolve further violations, if they're
appropriate, on a daily basis. He advised that the codes will be enforced because it's
intended to protect people and it's unfair to be close to a house that is not being
maintained in accordance with the Village Code. Mr. Jacomo is concerned because the
codes were not enforced for the last 13 months and he can't get an answer why nothing
was done. Mr. Treppeda advised that the Village was not able to issue code enforcement
violations, at the insistence of the Village Attorney, because of the proceedings in court at
that time. Mr. Wolpin advised that the matter is being pursued.
Roy Elkin, Esquire for Mrs. Stoppa (Kelly), addressed the Council and questioned the
foreclosure hearing. Mr. Wolpin stated that it is the Village's understanding that Chase
Manhattan is again going to be pursuing the foreclosure because they said that they
haven't been paid.
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Mrs. Stoppa (Kelly), owner— 77 Camden Drive, addressed the Council and advised that
she is going through a divorce. She reported that the divorce is final, but the settlement is
not and she is in major litigation. Mrs. Stoppa (Kelly) advised that her husband has
disappeared and she doesn't know if the Code requires that he be noticed. Mrs. Stoppa
(Kelly) stated that she is in the process of suing the people that were paid to put a new roof
on, paint, etc. She advised that once this nonsense is over, then she can take possession
of her house legally because currently she's not the only owner. Mrs. Stoppa (Kelly) feels
that she cannot be held responsible until she is the only owner. Mrs. Stoppa (Kelly)
distributed copies of police reports to the Council and discussed the number of times that
Mrs. Jacomo has called the Bal Harbour Police Department. She advised that Mrs.
Jacomo complains on a daily basis, has stormed her (Mrs. Stoppa's) house, has accosted
a personal friend when he was a guest at her house, etc. Mrs. Stoppa (Kelly) asked for
compassion and understanding for her situation. She assured the Council that the house
will not be foreclosed on.
Nicole Jacomo, resident — 97 Camden Drive, addressed the Council and understands
that people go through situations that may not allow them to maintain their home in the way
that they should. Ms. Jacomo, therefore, recommended amending the Code to allow the
Village to go in and rectify the situation, not to foreclose on the property. She wants to
make sure that while the house is in foreclosure proceedings, that the machine doesn't
stop. Ms. Jacomo reported that she was advised that in this case the owner was not cited
according to schedule, because the Village was waiting to see what happened with the
foreclosure proceedings. Mayor Berlin stated that, in his opinion, foreclosure proceedings
are totally independent of the Village's interest in enforcing the Village Code. He advised
that the Village is going to enforce the Code and is going to continue to enforce Code
violations, until the problems are rectified.
Joni Blachar, resident— 63 Camden Court, addressed the Council and applauded Joan
Jacomo for complaining about the property at 77 Camden Drive. Mrs. Blachar advised that
while Mrs. Stoppa (Kelly) is not living in the house, the property is being rented to other
people and is being neglected. She advised that the person's dog that is living there is the
dog that bit her housekeeper. Mayor Berlin stated that the Code is very clear that in a
single family zoned area, there can only be a single-family unit, and the owner cannot rent
to multiple families. So, if that were going on, it would be in violation.
Robert Sabatino, resident - 52 Camden Drive, addressed the Council and questioned
why residents don't have to comply with the Code and thinks that nothing is ever done.
Assistant Mayor Tantleff advised that the Code will be enforced and that this is the first
time that this issue is being brought before the Council. Mayor Berlin assured Mr. Sabatino
that the Code will be enforced and he will not tolerate repeat performances. It will only
have to come in one time, because after that it will be dealt with. Mayor Berlin stated that
the Village is going to deal with it and the Code is going to be enforced to the fullest extent
that it has the authority. Mayor Berlin clarified that he is not taking sides and there is a
Special Master hearing at the end of the month for a decision to be made.
Doug Rudolph, resident-212 Bal Bay Drive, addressed the Council and thinks that the
codes themselves should be looked at. He suggested that the Village Attorneys see what
kind of "teeth" can be put in when people are not following the rules and their neighbors are
injured, put out, or put upon. He proposed that the Council put that issue on the agenda to
move forward and take a look at. Mayor Berlin requested that the Village Attorney come
back with recommendations to the extent that there are any more "teeth" that can be added
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to the Village Code regarding enforcement.
Councilman Boggess stated that years ago this was a quiet Village and now it seems like
the community is trying to put more and more "teeth" into the Codes and laws, which he is
concerned that it has come to that. Councilman Boggess thinks that everyone needs a
little more humanity and understanding even though it takes a little extra effort and one has
to walk in the other person's shoes from time to time.
Helena McGinnis, resident — 88 Camden Drive, addressed the Council and feels that
there can be laws and regulations, but nobody follows them. She suggested simplifying
the codes, so everyone can understand them, and enforcing them, not having more
regulations. Ms. McGinnis complained about construction debris and speeding in the
Security District. She would like speed bumps in the Security District. Ms. McGinnis
discussed an incidence of being mauled by a dog in the Security District.
6. ORDINANCES SECOND READING/PUBLIC HEARINGS:
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." Mayor Berlin requested that a typing error
on page 4 (h)(2)(b) be corrected to read (h)(1) not (h)(i).
Mayor Berlin opened the public hearing.
Phil Corbisiero, resident - 63 Ba/ Cross Drive, addressed the Council, on behalf of the
Security District Civic Association. He reported that the Civic Association unanimously
adopted this ordinance and they strongly advise the Council to adopt this ordinance.
Ruth Karp, resident - 44 Bal Bay Drive, addressed the Council and advised that she
agrees with the ordinance; however, she doesn't think limiting the size of an animal is
appropriate.
Anthony Markofsky, resident — 238 Park Drive, addressed the Council and questioned
the limit on the number of dogs, because he currently has three small dogs. Mr. Markofsky
agrees with the ordinance, but not with the limitation on the number of dogs. Mr. Wolpin
advised that the proposed ordinance provides for no more than a total of two dogs and/or
four puppies.
Laurie Lehman, resident — 30 Park Drive, addressed the Council and advised that she
was also attacked by a dog and doesn't know why large dogs are needed in such a secure
area. She suggested that if large dogs are allowed, then they be required to have muzzles
on them when they are walked. Ms. Lehman is concerned for the children in the
community.
Robert Ludwig Ill, resident —174 Park Drive, addressed the Council and thinks that one
dog at 77 Camden Drive is causing all of the problems and has bitten people 7 times. Mr.
Ludwig advised that if the Village adopts Dade County rules, and the dog bites someone
three times, then it has to be vacated. Mayor Berlin advised that this ordinance provides
for the adoption of the Dangerous Dog Component of Dade County. Mr. Ludwig doesn't
think that it has anything to do with the size of the dog. He suggested that renters not be
allowed to have dogs. Mr. Ludwig doesn't think that limiting the size is fair to families who
have lived here for many years. He also suggested installing speed bumps in the Security
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District . Mayor Berlin advised that this ordinance doesn't prohibit people from owning a
certain size dog. The only restriction is that a dog, over a certain weight, cannot be in the
front yard alone. It also restricts the number of dogs to two. He reported that, at the first
reading, the Council decided not to do a grandfathering in because it would defeat the
whole purpose of the ordinance. Mayor Berlin stated that it was a number of incidents
involving dog bites, dogs running loose without a leash, a home breeding dogs, etc. that
instigated this ordinance, not just one dog.
Nicole Jacomo questioned who will be cited for violations. Mayor Berlin advised that the
owner of the dog would be cited for any violation. Mrs. Karp discussed Dade County's
ordinance and believes that it states if a dog bites someone more than twice, then animal
control can be called. Mayor Berlin advised that the Civic Association Board, which is the
governing authority for the area that all of these comments are coming from, has
considered this ordinance and unanimously recommended that it be enacted as is.
Ms. McGinnis feels that large dogs should be on a large property. She stated that in a
neighborhood with children, older people, etc. that common sense will dictate that a huge
dog shouldn't be on a small property.
Councilman Roth questioned if there can be a restriction whereby a property cannot be
rented to anyone who has a dog. Mr. Wolpin would not recommend that and advised that
the Village would ordinarily not prescribe the type of lease form to be used and would not
be appropriate under these circumstances; however, leases do incorporate clauses that
say the tenant must comply with the applicable laws, which would include the Village Code,
Councilman Roth suggested that the Security District Civic Association come up with
certain restrictions. Mr. Wolpin stated that would be their issue.
Mrs. Stoppa (Kelly) requested clarification on how the Village will regulate the number of
dogs. Mayor Berlin explained that so many dogs will be allowed per single-family
residence. Mrs. Stoppa (Kelly) questioned what the Village will do for residents that
already have three dogs. She questioned the right of the Village to come in and evade her
privacy and rights to live in a style that she wants to in her house if she has three dogs.
Mrs. Stoppa (Kelly) questioned when the restrictions are going to stop.
There being no additional comments, Mayor Berlin closed the public hearing.
The Council discussed the limitation on the number of dogs, which was brought about by a
home that had numerous dogs (perhaps breeding). Mayor Berlin addressed the comments
made that the Village used to be friendly place to live, no additional ordinances are needed
and there shouldn't be enforcement. He feels that the way to ensure and protect privacy is
to have ordinances and enforce them, which is what the Village government is here to do.
A motion was offered by Mayor Berlin and seconded by Assistant Mayor Tantleff to approve the
ordinance, as written, subiect to a discussion of the issue of the limitation of (3) dops.
Mayor Berlin suggested having a grandfather provision whereby residents who currently
have 3 dogs can continue to have 3 dogs, so long as the combined weight of the three
dogs is less than x pounds. In all other instances, the rights would be cut off. Councilman
Boggess added that if one of the dogs leaves (given away, dies, etc.), then it cannot be
replaced with another dog. Mr. Wolpin stated that another idea would be that anyone who
has three dogs prior to the effective date of this ordinance and furnishes proof that those
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three dogs are registered within 10-30 days after adoption of this ordinance, could be
grandfathered in. They would have to file proof of registration of the three dogs with the
Village, by a certain date after the adoption of this ordinance.
Mrs. Blachar wants the number of dogs restricted. Mayor Berlin suggested limiting it to be
no more than a certain total weight (65 lbs.).
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to amend
the motion to approve the ordinance as follows: owners who currently have 3 dogs will be
grandfathered in, if the total weight of the three dogs does not exceed 65 lbs., and the third dog
cannot be replaced in the event that it leaves. The motion carried with the vote as follows: Mayor
Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; 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 aye; Councilman Gorson aye; Councilman
Roth aye. Thus becoming:
ORDINANCE NO. 464
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.
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 requested language clarification on page 2. He suggested changing "may
conduct business" to' occupy." Also, in the sentence starting with "This accessory storage
space," he suggested that "used to conduct business" be added after "shall not be." Also,
the next sentence should read "The use by merchant of a desk, chair, copier, telephone,
fax, modem, computer or like furnishings, within said accessory storage area shall
constitute the conduct of business."
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to
approve the amendments discussed. The motion carried with the vote as follows: Mayor Berlin
aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye•
Councilman Roth ave.
A motion was offered by Councilman Roth and seconded by Mayor Berlin to approve this
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ordinance as amended. The motion carried with the vote as follows: Mayor Berlin ave; Assistant
Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth aye.
Thus becoming:
ORDINANCE NO. 462
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.
7. ORDINANCES FIRST READING: None
8. RESOLUTIONS: A Resolution was read, by title, by the Village Clerk,
relating to the Local Communications Services Tax Rate.
Gary Resnick, Village Attorney, addressed the Council and reviewed the Resolution. He
advised that last year the Florida Legislature passed the Communications Services Tax
Simplification Act, which is suppose to simplify the taxes that people pay on telephone and
cable services. Under the new legislation, every municipality in Florida needs to make
certain elections under the act and have it sent to the Department of Revenue by July 16,
2001. Mr. Resnick advised that this resolution has the Village making appropriate elections
to obtain the revenue that it had been obtaining previously from these services. He
advised that the resolution has the Village waiving permit fees from communications and
cable providers, because the Legislation has now created incentives for municipalities not
to charge permit fees. He explained that the Village would obtain a lot less tax revenue if it
charged permit fees going forward. In addition, there's a mechanism under the act that the
Village needs to affirmatively adopt to obtain the maximum rate that the State allows and
the resolution has the Village obtaining that rate as well. He reported that the new tax law
is supposed to be revenue neutral, to both municipalities and customers. Mr. Resnick
recommended approving this resolution and requested that the Village Clerk send a copy
to the Department of Revenue, by the deadline. Mayor Berlin clarified that by waiving the
permit fee, which is a small amount of money, it enables the Village to charge a higher
rate, which is to the benefit of the Village.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleffto approve
this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleff ave; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus
becoming:
RESOLUTION NO. 618
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, FLORIDA,
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174
RELATING TO THE LOCAL COMMUNICATIONS SERVICES TAX RATE;
PROVIDING FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE
AND COLLECT PERMIT FEES, PROVIDING FOR ELECTION TO INCREASE
LOCAL COMMUNICATIONS SERVICE TAX RATE; PROVIDING FOR NOTICE
TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.
Mr. Resnick explained that a letter was received on Friday, June 15, 2001, advising that the
deal is no longer going forward for Charter to transfer its cable systems to AT&T.
Therefore, Charter will remain the Village's cable company and the following resolution can
be deleted from the agenda:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING THE TRANSFER OF THE CABLE TELEVISION
LICENSE FROM INTERLINK COMMUNCATIONS PARTNES, LLC TO TCI
CABLE PARTNERS OF ST. LOUIS, L.P., LOCALLY PROVIDING SERVICES AS
AT&T BROADBAN; AND TRANSFER OF CONTROL FROM CHARTER
COMMUNICATIONS, INC. TO AT&T CORP., SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
A resolution was read, by title, by the Village Clerk, endorsing the concept of the "Amber
Alert' Program.
A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this
resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleff aye; Councilman Boggess aye; Councilman Gorgon aye; Councilman Roth aye. Thus
becoming:
RESOLUTION NO. 619
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE VILLAGE OF BAL
HARBOUR, FLORIDA, ENDORSING THE CONCEPT OF THE "AMBER ALERT"
PROGRAM, WHICH REQUIRES TIMELY PUBLIC NOTICE OF CHILD
ABDUCTIONS AND ENCOURAGING THE LAW ENFORCEMENT AGENCIES OF
MIAMI-DADE COUNTY AND ITS INCORPORATED MUNICIPALITIES TO
REVIEW THE PROGRAM AND OTHER SIMILAR PROGRAMS FOR
POTENTIAL IMPLEMENTATION; FURTHER DIRECTING THE VILLAGE
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS
DESIGNATED HEREIN; PROVIDING FOR AN EFFECTIVE DATE.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Berlin reported that he attended a meeting with the Coastal Mayors, DERM, and
concerned citizen groups, to discuss beach erosion. He advised that there is a
consolidated effort among the coastal cities to urge Dade County to accelerate the effort to
restore the beach. Mayor Berlin will be attending another meeting with the Army Corps,
who will be discussing their plan on beach erosion. Mayor Berlin stated that erosion is
dramatic at Haulover Cut and DERM is currently looking for alternative sand sources
(Bahamas and coastal river in Florida panhandle and Alabama).
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Assistant Mayor Tantleff will be attending the Florida League of Cities Conference in
August and urged other Council members to attend. Assistant Mayor Tantleff advised that
he will become the President of the Miami -Dade County League of Cities in October.
Appointment of Voting Delegate for Florida League of Cities
75`h Annual Conference in Lake Buena Vista: It was the consensus of the Council to
appoint Assistant Mayor Tantleff as the Voting Delegate for Bal Harbour.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Discussion of Park Project Status and Addition of Water
Feature, Rubber Surface and Elimination of Spring Toys/Addition of Swings/See
Saw: Mr. Treppeda explained that the Village was approached by several mothers in the
Village who requested the addition of water features to the park project. Elaine Hom,
Bradshaw Gill & Associates — Landscape Architects for the Bal Harbour Park,
addressed the Council and discussed the project. She advised that in the dry equipment
area, toddler swings were added. She reviewed the equipment in the "wet area that will
be added. Ms. Hom advised that the water equipment has water conserving devices,
which are touch activated, and the Village can control the amount of time that they're on.
She explained that, in lieu of sand, a rubber surface has been proposed that is two inches
thick and is non-skid and slip resistant. Mayor Berlin discussed the "jungle gym" and
questioned the use of wood because it wears. Mr. Treppeda will look into that. Mr.
Treppeda reported that the "spring" elements that were originally planned were eliminated,
in the dry equipment area. Nina Rudolph, resident - 212 Bal Bay Drive and
spokesperson for the Bal Harbour Mothers, addressed the Council and advised that the
items that were added were important features for the mothers in Bal Harbour. She
requested that no dogs be allowed in the park. Mr. Wolpin advised that the Code already
prohibits dogs in public parks.
Ms. McGinnis questioned if taxes will pay for the park. Mayor Berlin responded yes, the
money has already been put aside to build it. Ms. McGinnis questioned maintenance,
security, if the residents are liable in the case of an accident, who will supervise and
oversee the park, and insurance. Mayor Berlin advised that the Village is responsible for
liability and a park attendant has been proposed to supervise the park. Councilman
Boggess advised that the park is confined to Village residents.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
the addition of the items for the park, subiect to the wood issue and the overall design. The
motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
Mr. Treppeda reported on the meeting with Danco Development, Contractor for the Park.
Mr. Wolpin stated that he is still having further negotiations with Danco because he's very
concerned about their lack of progress on certain items. He advised that the Village is also
concerned about the prices that Danco has quoted on certain change orders that are
necessary to accommodate the water theme. He reported that the Village is in the process
of obtaining prices from other contractors, to consider possibly having another contractor
take over and complete this job. Mr. Wolpin advised that they have a concern with Danco's
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interest in successfully completing this project, under the present posture. He advised that
the Village has received various claims from Danco and it's not his recommendation to pay
or honor any of those claims. He is still making a further effort to see if things can be
worked out with Danco, but it appears at this time that it may be better for the Village to
bring in another contractor to finish this job. If that is decided, then it will be brought back
to the Council for approval.
Mayor Berlin recommended having a meeting where the entire plan of the park is shown
and how it's going to be completed, between now and the July meeting, or at the July
meeting.
Approval of Mutual Aid Agreement with Miami Shores Police
Department: Mr. Treppeda explained that the Village's Police Department has Mutual Aid
Agreements with most surrounding departments and Miami Shores has requested one. He
advised that this allows police departments to assist each other when additional manpower
is needed. Chief Freeman recommended approving this.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
the Mutual Aid Agreement with Miami Shores Police Department. 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 Street Light Choices from Florida Department of
Transportation: Mr. Treppeda explained that DOT has agreed to replace all of the
streetlights on both Al A and 96th Street, with a $200,000 contribution from the Village. He
advised that the total job cost will be between $600,000-$800,000. Mr. Treppeda reported
that the Landscape Architect has reviewed the choices of street lighting and has
recommended the modern looking "Radius Tube Luminaire." Mayor Berlin would like
someone to check the light source to ensure that there is no glare, that they're not
proposing to use sodium, and that this is the best color (pure white).
Larry Barbara, resident — 30 Park Drive, addressed the Council and questioned if the
lights will be the same as on the bridge. Mr. Treppeda responded yes.
Councilman Boggess stated that these fixtures are in keeping with the Village's bus
shelters and benches.
Discussion of Pay for Special Masters: Mr. Treppeda advised that
currently the Special Masters devote their time, at no charge, to the Village. He explained
that he did a survey of all Miami -Dade municipalities, who use Special Masters. Mr.
Treppeda recommended compensating the Special Masters $100, per meeting, for their
time. He advised that with the increased caseload, he would like to be able to expand the
number of Special Masters (there are currently two). Mayor Berlin clarified that the Special
Master are the individuals who hear the code violation issues.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to pay the
Special Masters $100, per meeting. The motion carried with the vote as follows: Mayor Berlin
aye; Assistant Mayor Tantleff aye; Councilman Boggess aye•L Councilman Gorson aye;
Councilman Roth aye.
Regular Council Meeting 06/19/2001 10