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Home My Public Portal About2001-10-16 Regular Meeting216 COUNCIL MINUTES REGULAR MEETING: - OCTOBER 16. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, October 16, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:11 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 "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. The Pledge of Allegiance was led by Assistant Police Chief Smith at the Local Planning Agency Meeting, prior to the Council Meeting. 4. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the minutes of the September 20, 2001, Regular Council Meeting, and September 24, 2001, Second Budget Hearing. The motion carried unanimously (5-0), and the minutes were approved as submitted. 3. PRESENTATIONS: None 4. ORDINANCES SECOND READING/PUBLIC HEARINGS: None 5. ORDINANtE FIRST READING/PUBLIC HEARING: An ordinance was read by title, by the Village Clerk, amending Chapter 21, Section 21-251, of the Village Code. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed they public hearing. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 21, ARTICLE III "DISTRICT Regular Council Meeting 10/16/2001 1 217 REGULATIONS," SECTION 21-291, "SETBACKS," TO ALLOW PORTE- COCHERES IN THE FRONT SETBACK OF THE OCEAN FRONT DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. Mrs. Horton explained that the second public hearing is required to be at a meeting after 5:00 p.m., unless the time is changed by a majority plus one vote. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to have the Second Public Hearing at the November Regular Council Meeting. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. 6. RESOLUTIONS: None 7. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Berlin requested that the regular Council Meeting be changed from 3:00 p.m. to 4:00 p.m. The Council discussed meeting times. It was the consensus of the Council to change the Council Meeting time to 3:30 p.m., starting in November 2001. Assistant Mayor Tantleff thanked everyone who attended the Miami -Dade County League of Cities Annual Banquet. Councilman Boggess discussed a letter to the editor, written by Surfside Commissioner Timothy Will, in the Neighbors Section of The Miami Herald, concerning extra slips for gambling boats in Haulover. Mr. Treppeda stated that the slips are for regular boats and he hasn't heard anything on additional gambling boats. Mayor Berlin stated that some people have discussed using public funds for private enterprise, such as gambling businesses. He advised that almost all parks in the County have some commercial enterprise in them, which funds are used to support the parks. Councilman Boggess wants to know if there's any substance to the article. Mayor Berlin explained that he and Mr. Treppeda met with Gwen Margolis, County District Representative, with officials from other neighboring communities. He advised that the development of Haulover Park was presented showing that they are trying to accommodate a variety of interests (bathrooms, golfing, landscaping, marina, tennis, etc.). Mayor Berlin advised that in the original plans, the fire station was going to be moved to the north end, but those plans have changed and it is now going to remain where it is (at the south end). He reported that there will be no impact in service to the community. Caesar Phillips, Municipal Liaison from County Manager's Office, addressed the Council and advised that the fire station issue was put to rest. Mr. Phillips is unaware of additional gambling boat slips. He advised that Ms. Rodriguez, Parks Department, can address that issue. Mr. Treppeda will contact Ms. Rodriguez. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Regular Council Meeting 10/16/2001 2 218 Approval of Change Order #2 and Update on Beach Master Plan: Mr. Treppeda stated that Adam Shah is here to update the progress of the Beach Master Plan and to explain a change order for R.L. Saum. Adam Shah, Coastal Systems International, addressed the Council and explained that all of the site -clearing portion of the project is complete. He advised that the new lighting and irrigation system is currently being installed. Mr. Shah reported that the third portion of the project, which is the installation of the new path and the landscaping, will begin in approximately 2 weeks. Mr. Shah discussed the change order requested by R.L. Saum and explained that it is for additional work on issues that were not covered in the plans including: 1. Site Conditions — cut and remove sections of concrete piles and timber boards that intersect the new proposed path, which weren't known until the path was excavated. 2. Village Manager Request — fill in the areas of the access road that currently pond. 3. Jogging Path — fill in areas to level portions of the new jogging path to prevent ponding. Mr. Shah feels that $12,033.14 is a fair price. Mayor Berlin stated that he is pleased with the project. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $12,033.14 for Change Order #2 for R.L. Saum Construction. The motion carried with the vote as follows: Mayor Berlin: aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Discussion of 4th of July Fireworks Display — Zambelli Internationale: Mr. Treppeda stated that a lot of complaints were received that the show last year was not long enough. Marcy Zambelli, Zambelli Vice President of Production, addressed the Council and explained that last year the fire inspector told the technician to start too early. She stated that in the future, she would like a Village Employee to say when the show will start. Ms. Zambelli addressed the reason that the program was short last year and explained that specialty shells make the program more spectacular, but faster. She advised that she can cut the shells in half to make the show longer. She requested that the Village advise how long it wants the show to be, and then the program can be tailored to that. Mr. Treppeda advised that the cost is $16,300, minus a 10% discount and 40 additional shells, to compensate for last year. Mayor Berlin thinks that most people would like the show to be 20-30 minutes long. Ms. Zambelli explained that the program depends on the time between shells. Mr. Treppeda reviewed a list of what other cities pay for fireworks and the length of the shows. Assistant Mayor Tantleff questioned the difference in the length of the shows and the costs. Ms. Zambelli advised that it depends on the size of the shells. Assistant Mayor Tantleff thinks that the length of the show is more important. Ms. Zambelli explained that they can use single fired shells instead of multi -fired shells. Councilman Boggess suggested moving the display from the jetty to the beach. Ms. Zambelli advised that she would have to use smaller shells to shoot them from the beach. Councilman Boggess thinks that the display should be shot from the middle of the beach Regular Council Meeting 10/16/2001 3 219 using smaller shells. Mr. Treppeda thinks that the only problem might be with the Fire Department, depending on the distance from the water to the buildings on the beach. Ms. Zambelli advised that the jetty is good for safety and also for the size of shells that the Village has been using. Mayor Berlin clarified that smaller shells may not be visible over the buildings on the oceanfront; however, most Village residents come to the beach to view the show. Ms. Zambelli advised that they would have to block off a section of the beach, which would limit the area for people. Councilman Boggess will work with Mr. Treppeda and Zambelli and come back to the Council with a proposal for a fireworks display. Approval of 2COP Beer/Wine License for Diamond Catering Corp. at the Palace Condominium: Mr. Treppeda advised that the Village's Zoning Code requires Council approval for an establishment that plans on serving alcoholic beverages. He explained that Diamond Catering Corp., at the Palace Condominium, is requesting approval for a 2COP license, in order to serve beer and wine. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve a 2COP Beer/Wine License for Diamond Catering Corp. at the Palace Condominium. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Medjool Date Palm: Mr. Treppeda requested approval to replace a Medjool Date Palm, which was struck by lightening and is dying, on 96th Street and Harding Avenue. He reported the following three bids were received to replace the tree: 1. Tip Top Landscaping $7,000.00 2. Vila & Son Landscaping $6,500.00 3. Luke's Landscaping $6,000.00 Mr. Treppeda recommended awarding the bid to Luke's Landscaping and advised that there are funds included in the Resort Tax budget for this expenditure. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve $6,000 for Luke's Landscaping to replace the Medjool Date Palm that was hit by lightening. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Councilman Boggess reviewed the following recommendations made by the Resort Tax Committee at their meeting on October 11, 2001: 1. GMCVB Northeast Sales Mission $ 2,500.00 2. New York Metro Week $ 5,500.00 3. GMCVB Florida Sales Mission $ 1,500.00 TOTAL RECOMMENDED EXPENDITURES $ 9,500.00 Councilman Boggess advised that there will be a Special Resort Tax Committee Meeting on October 30th, to discuss the budget. He explained that the Committee is working on reducing the budget, based on an estimated reduction in resort tax revenue. Regular Council Meeting 10/16/2001 4 220 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $9,500.00 in resort tax funds for the above listed items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Councilman Boggess explained that Resort Tax Committee Member Robert Armenta resigned from the Committee, since he is moving to Michigan. He advised that the Resort Tax Committee has recommended appointing Piero Filpi, one of the owners of Carpaccio Restaurant, to fill the vacancy. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to appoint Piero Filpi as a member of the Resort Tax Committee. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff ave; Councilman Boggess ave; Councilman Gorson aye; Councilman Roth aye. 8. OTHER BUSINESS: None 9. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Boggess to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 3:50 p.m. Mayor Howard J. Berlin Attest: i, 7(77 Jeanette Horton, Village Clerk /elh Regular Council Meeting 10/16/2001 5