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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 Regular Council Meeting 06/19/2001 1 168 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. Regular Council Meeting 06/19/2001 2 169 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 Regular Council Meeting 06/19/2001 3 170 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 Regular Council Meeting 06/19/2001 4 171 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 Regular Council Meeting 06/19/2001 172 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 Regular Council Meeting 06/19/2001 6 173 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, Regular Council Meeting 06/19/2001 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). Regular Council Meeting 06/19/2001 8 175 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 Regular Council Meeting 06/19/2001 9 176 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