HomeMy Public PortalAbout2001-12-18 Regular Meeting230
COUNCIL MINUTES
REGULAR MEETING , - DECEMBER 18. 2001
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December
18, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 3:40 p.m. by Mayor Berlin. Those present were:
Also present:
Mayor Howard J. Berlin
Assistant Mayor Daniel S. Tantleff
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
Absent: Councilman James E. Boggess
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
Assistant Chief Jay Smith.
3. APPROVAL OF MINUTES: Mayor Berlin requested that, on page 8 of
the minutes, the word "endorsement" clause be changed to "establishment" clause. A
motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the
minutes of the November 20, 2001, Regular Council Meeting, as amended. The motion carried
unanimously (4-0), with Councilman Boggess absent, and the minutes were approved as
corrected.
4. PRESENTATIONS: None
S. PUBLIC HEARING: Mr. Weiss reported that the applicant is going to request
a deferral of this item.
Gerald Richman, Attorney for East Ocean Acquisition Inc. (applicant and contract
purchaser of the property), addressed the Council and advised that Steven Sorensen is
also present (Charles E. Smith Company), who is the owner's representative. Mr. Richman
requested a deferral on this item since they understand that there are new plans and
considerations of modifying the Code. He advised that the numbers of variances involved,
depending on what happens with the Code, may obviate the need for the Cour.3i1 having to gc
forward on the variances, or may result in them changing the plans. Mr. Ric;lman disclosed
that he still technically represents the Village in the Amphitheater matter, relating to the suit
against the City of North Miami. Mr. Weiss questioned how long a deferrai is being
requested. Mr. Richman requested at least a 2 month deferral. Mayor Berlin advised that tic
has no problem with approving the deferral, but he doesn't want the applicant's deferral
request to be based on any assumption on what, if any, modification is going to be made to
the Village's land development regulations. Mr. Richman advised that they understand that
Regular Council Meeting 12/18/2001 1
231
and aren't expecting or anticipating anything in particular, but think that it's in everyone's best
interest to defer at this time.
A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to Rrant the
deferral of this item for 60 days. The motion carried with the vote as follows: Mavor Berlin aye;
Assistant Mayor Tantleff aye; Councilman BoRRess absent; Councilman Gorson aye; Councilman
Roth aye.
ORDINANCE SECOND READING/PUBLIC HEARINGS: An
ordinance was read by title, by the Village Clerk, for the Village to exempt itself from the
requirements of Section 2-11.1(T) of the Miami -Dade County Code. Mayor Berlin
explained that Bal Harbour has its own regulations dealing with this, which is why the
Council is opting out.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve this
ordinance. The motion carried with the vote as follows: Mavor Berlin aye; Assistant Mayor
Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Thus
becoming:
ORDINANCE NO. 470
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, PROVIDING FOR
THE VILLAGE TO OPT OUT OF AND EXEMPT ITSELF FROM THE
REQUIREMENTS OF SECTION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE
CONCERNING CONE OF SILENCE REQUIREMENTS RELATED TO
PURCHASING TRANSACTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
7. ORDINANCE FIRST READING/PUBLIC HEARING: None.
8. RESOLUTIONS: Mayor Berlin explained that this was discussed at the
November Council Meeting and the Village Attorney was asked to come back with a
resolution. Mr. Weiss advised that there are still some legal hurdles for the Village to
participate in this program, but this will be the first step. He explained that the Village
Attorneys will be able to find out whether this will be available. Mr. Weiss recommended
that the Council move ahead with the resolution.
A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve
this resolution. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mayor
Tantleff aye; Councilman Boggess absent; Councilman Gorson ave; Councilman Roth aye. Thus
becoming:
RESOLUTION NO. 628
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, DIRECTING THE VILLAGE MANAGER TO TAKE APPROPRIATE
STEPS TO ENROLL THE VILLAGE AS A PARTICIPATING EMPLOYER IN THE
FLORIDA RETIREMENT SYSTEM; PROVIDING FOR THE PARTICIPATION OF
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232
THE MAYOR AND VILLAGE COUNCIL MEMBERS IN THE FLORIDA
RETIREMENT SYSTEM ELECTED OFFICERS CLASS; AND PROVIDING FOR
AN EFFECTIVE DATE.
9. DISCUSSION OF NEW DOG ORDINANCE — WILLIAM WELSH:
Mayor Berlin explained that Mr. Welsh and his Attorney are not able to be at the meeting
today. Mr. Treppeda advised that they have requested to reschedule this discussion for
the January Council Meeting. Mr. Treppeda instructed Mr. Welsh and his Attorney to
advise the Village Clerk of their request in writing. Mayor Berlin directed Mr. Treppeda to
advise Joni Blachar, Village Resident, the Civic Association, and anybody else who has an
interest in this matter, when this item is placed on the agenda again.
10. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Berlin explained that on December 11, 2001, Mr. Treppeda, Assistant Chief Smith,
and he attended the Northeast Community Council Meeting. He advised that the issue
was the Community Council's consideration of whether or not to recommend the Haulover
Park Project to the Dade County Commission. Mayor Berlin explained that representatives
of the Parks Department made a presentation. He advised that Bal Harbour, North Miami
Beach, Sunny Isles Beach, and State Representative Sally Haymen spoke in favor of going
forward with the project. He reported that the Mayor and a Councilman from Surfside spoke
in opposition to the project. Mayor Berlin announced that the Community Council voted 3-2
in favor of recommending to the Dade County Commission to go forward with the project.
Assistant Mayor Tantleff suggested considering a picnic table in the Bal Harbour Park. Mr.
Treppeda will look into placing one under the gazebo.
Assistant Mayor Tantleff explained that Dade County is trying to charge all municipalities
fees for special services (swat team, etc.). He advised that it is an issue before the County
Commission today and he will keep the Council advised of any changes. Assistant Mayor
Tantleff stated that the County is trying any way it can to take money from municipalities.
Councilman Gorson explained that she attended the opening of the Lalique store in the Bal
Harbour Shops, which is their first store is Florida. She advised that she gave the
President of Lalique a key to the Village.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Re -Appointment of Special Masters: Mr. Treppeda explained that
the terms for Special Masters Russell Mace and Darcee Siegel will expire on December 31,
2001, and requested that they both be re -appointed to serve another 1 year term. In
addition, Mr. Treppeda requested that the term for Special Master Carolyn Howard be
extended until December 31, 2002, so that her term will run the same time as the other
Special Masters. Mr. Weiss thinks that the Special Masters are doing a wonderful job.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to re-
appoint Darcee Siegel, Russell Warren Mace III, and Carolyn Howard as Special Masters for Bal
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233
Harbour Village until December 31, 2002. The motion carried with the vote as follows: Mayor
Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye;
Councilman Roth aye.
Mayor Berlin presented Darcee Siegel and Russell Mace with a token of appreciation.
Discussion of Sea Grape Trees on Beach: Mr. Treppeda explained
that at the November Council Meeting, Pat Tumpson (President of the Plaza of Bal
Harbour) requested that the Village look into trimming the sea grape trees behind their
building because they cannot see the ocean from the pool deck. He advised that there are
State regulations on what can be done to the Sea Grape trees.
Laura Shepard, Coastal Systems International, addressed the Council and explained
that State DEP (Department of Environmental Protection) regulations stipulate what can
and cannot be done, with and without a permit. She advised that their regulations are tied
very strictly into the National Arborist Association Guidelines for trimming Sea Grapes. Ms.
Shepard advised that 1/3 of the sea grape, in volume (leaf exposure and height overall),
should not be trimmed within a year. Ms. Shepard stated that most of the Sea Grape trees
are over 20 feet tall and cannot be trimmed down to 6 feet tall to provide views out to the
ocean, without killing them. She advised that the Village can trim the trees a maximum of
1/3 of their size, even though that's probably not in their best interest because trimming 1/3
of some of the larger ones will kill them. However, if the Village has a professional
landscaper trim the trees down to a healthy size, then they can be trimmed down and a
permit is not required by DEP. Mayor Berlin clarified that the Council received material with
regulations reflecting that the Village is not permitted to trim the Sea Grape trees more
than 1/3 of their size, in any one year, without a permit. There was also some language
regarding the illumination and the impact of illumination on sea turtles. Ms. Shepard
explained that there are condominiums running along the entire beach and the Village is
providing a lot of vegetation out there, including a lot of groundcover; however, if the Sea
Grape trees are trimmed down too far, then the balcony lights that are on at night at the
condominiums will be seen on the beach during the turtle season. She suggested that
Mark Tayton, DEP Field Representative, walk the beach and make a recommendation to
the Village of what can be done and what's acceptable without a permit.
Mr. Treppeda read the following memorandum from Bob Gill, Bradshaw, Gill & Associates,
(landscape architects that designed the Beach Master Plan):
We would prefer the Sea Grapes not be trimmed as they give protection from wind and salt.
If trimmed at this time, the new shrub beds would be adversely affected. If you feel you must
trim them, we would prefer you wait until the new shrubs are established, one year later.
If you have to trim the Sea Grapes due to property owner complaints, we would prefer them
trimmed to one-third their overall height, as suggested by the Department of Environmental
Protection, exempt from permitting.
We would definitely not recommend trimming to a 4 foot height, as this would have a
negative effect for at least a year until new growth is established.
Ms. Shepard doesn't know where Mr. Gill got trimming the Sea Grapes to 4 feet from. Mr.
Treppeda advised that the 4 feet came from a resident who had suggested that height.
Ms. Shepard advised that 6 feet is the minimum height that DEP allows. She addressed
the comment about not trimming the trees at all because of a worry about it impacting the
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254
lower ground vegetation. Ms. Shepard explained that is not as large of an issue because
of the Sea Grapes that are out there (20 feet and above). She advised that she would be
concerned about trimming down the lower ones (10 feet and below) because they are
providing an adequate amount of salt protection for the lower vegetation to prevent salt
burn. However, the larger trees can be trimmed down without really impacting the lower
trees. Ms. Shepard doesn't think that it's necessary not to do any trimming, but that
trimming can be done and it would probably be aesthetically a good choice. She advised
that any trimming should be done within the DEP guidelines and recommendations, after
they have seen the beach.
Mayor Berlin suggested that the DEP come out and provide a recommendation to the
Village on trimming. He also suggested that the Contractor walk from the pool decks of the
buildings and recommend how much should be trimmed to afford a view.
Stanley Whitman, Bal Harbour Shops, addressed the Council and suggested getting the
Beach Master Plan project done first and altering it later if the Council doesn't like it when
it's completed (trees trimmed, taken out, etc.). Mr. Whitman advised that if the trees are
trimmed down, then they will take years to grow back. Mayor Berlin agreed that the project
should be finished first to see what the completed project looks like. He suggested that
while the Village is in the final phases of the project, recommendations should be received
from the DEP and the Contractor, so the Council will know if it wants to do something. Mr.
Weiss advised that even if the trees aren't trimmed by more than 1/3, if the DEP feels that
the lighting will change, then they can revisit the entire thing. So, the Village doesn't have
an automatic right to trim them 1/3. It has to be 1/3, plus not interfering with the amount of
light that's blocked. Mayor Berlin advised that the project should be completed to see what
it looks like, then the DEP should come out and do an analysis, a Contractor should come
out to get an idea of how much should be trimmed, and then it can be discussed with all of
the facts.
Adam Shah, Coastal Systems International, addressed the Council and reported on the
progress of the Beach Master Plan. He advised that all the palms trees are in, the heavy
landscaping efforts are ongoing north of the Sheraton Hotel, the base of the pathway (with
the exception of the crushed shell top) has been installed, the concrete curbs lining the
pathway have been installed, the planting of the groundcover has started extending from
the Sheraton north to the Bal Harbour Club, all the irrigation mains are in, the pump station
for the irrigation system and the controls are in, as they plant the beds they will be installing
the sprinklers, the electrical supports for the lights are in, and only the lighting fixtures
themselves have to be installed. He advised that south of the Sheraton, the clearing has
been done and the pathway is being installed this week. Mr. Shah explained that by
January 1st, north of the Sheraton should be substantially complete, with the exception of
the crushed shell top on the path, the light fixtures themselves, and the site furniture
(benches and trash receptacles). He advised that work will be taking place in January. Mr.
Shah advised that the Contractor is doing a good job and the project is on schedule to
finish substantial completion by the end of January.
Assistant Mayor Tantleff questioned what substantial completion means. Mr. Shah
explained that it means that all of the work as the Contractor interprets the plans is
complete. He advised that at that point, representatives from Coastal Systems, the Village,
and the Landscape Architect will walk the project and will decide if it's complete. Mr. Shah
explained that the Contractor will have 30 days to remedy a punch list of deficiencies that
are identified. At which point there is final completion.
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Mr. Roth stated that the original date of completion was December 18th and then it was
moved to January 15th, other than the crushed shell. Mr. Shah explained that during
Hurricane Michelle, the Contractor was forced to demobilize from the site for 5 days, so a 5
day weather extension was granted. There was also a week of heavy rain in October, so
another 5 day extension was granted, which takes the completion date to the end of
January. Mr. Shah advised that the Contractor did a good job during the storm with taking
all of their equipment out. He explained that there would have been a penalty if the time of
completion had not extended. Mr. Treppeda advised that the penalty is $200 a day, if the
Contractor goes past the new completion date of January 31 st
Approval of Additional Consultant Fees for DOT Street Light
Project: Mr. Treppeda explained that the Village had previously given DOT a selection for
the light fixture for Collins Avenue and 96th Street, which was required by a certain date.
He advised that after that, Hal Hilbish, Village Lighting Consultant, looked at the street light,
compared it to others, and recommended a different fixture. Mr. Treppeda explained that
fixture is very similar to the previously selected one, but ended up costing more money plus
fees to redesign the project. Mr. Treppeda requested approval for $4,430.00 and advised
that $200,000 was budgeted for the Village's cost share with DOT, with an extra $25,000
budgeted for contingency to cover something unforeseen like this. Mr. Treppeda
recommended approving the amount because DOT is giving the Village a good deal on this
project and did incur extra expenses because the Village changed the fixture selection.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
$4,430.00 for additional consulting services by DOT for the Bal Harbour Street Lighting Project.
The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye.
Approval of Performance Bonuses: Mr. Treppeda explained that
each year general employees of the Village are evaluated by their direct supervisors on
attendance, demeanor, work performance, and dependability. He advised that a list
showing the performance bonuses this year are included in the agenda, which total
$53,152.53. Mr. Treppeda reported that $66,427.00 was budgeted. He reminded the
Council that this is not a holiday bonus, but is actually to give the employees recognition
and reward for their good work during the year.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve
$53,152.53for the 2001 General Employee Performance Bonuses. The motion carried with the
vote as follows: Mayor Berlin aye; Assistant Mavor Tantleff aye; Councilman Boggess absent;
Councilman Gorson aye; Councilman Roth aye.
Mr. Treppeda and Mrs. Horton left the room at this time. The Council discussed
performance bonuses for Mr. Treppeda and Mrs. Horton. Councilman Roth advised that
they both received a 5% bonus last year.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve a 5%
performance bonus for Mr. Treppeda and a 5% performance bonus for Mrs. Horton. The motion
carried with the vote as follows: Mavor Berlin aye; Assistant Mavor Tantleff aye; Councilman
Boggess absent; Councilman Gorson aye; Councilman Roth ave.
Mayor Berlin advised that he appreciates all of the work that both Mr. Treppeda and Mrs.
Regular Council Meeting 12/18/2001 6
236
Horton do and they are both entitled to what they are receiving. Mr. Treppeda and Mrs.
Horton returned to the room at this time.
Mr. Weiss thinks that it is an awkward system to put bonus amounts on the agenda. He
advised that normally within the budget document, the Council would give discretion to the
Village Manager to award bonuses, at a budgeted amount and a percentage range, based
upon performance. He suggested including this in the budget next year at an amount the
Council feels comfortable with and giving the Village Manager some parameters, in terms
of the bonuses. It was the consensus of the Council to put the general employee performance
bonuses as a budget document, including an approved range, in next year's budget.
Resort Tax Recommendations: Mr. Treppeda reviewed the
following recommendations made by the Resort Tax Committee at their meeting on
December 13, 2001:
1. FAM Trips by Alice Fisher Edelman
2. Table for Dr. Eugene J. Sayfie Event
TOTAL RECOMMENDED EXPENDITURES
$14,000.00
$ 1,200.00
$15,200.00
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
$15,200.00 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 absent:
Councilman Gorson aye: Councilman Roth ave.
Mayor Berlin explained that the resort tax situation is being monitored monthly. He advised
that resort tax in Bal Harbour is down 40% so far this fiscal year (October and November
2001) from anticipated revenues. Mayor Berlin explained that if the Village recovers, then
the Committee hopes to have the year end with an average of 25% off. He advised the
Council that if it doesn't reach that 25%, then there is $400,000 that is available in the
beach fund, plus the amount that was left over from the 2000/2001 resort tax fiscal year
budget, to make up the shortfall. He advised that if that money is insufficient, then the
Council is going to have to consider if it wants to amend the $1 million emergency beach
fund. Mayor Berlin's opinion is that the Council shouldn't do that and a minimum of $1
million should be kept in that fund for beach restoration; however he wanted the Council to
be aware of the resort tax situation. Mayor Berlin requested that the Council receive the
2000/2001 audit before the January meeting.
11. OTHER BUSINESS:
Assistant Mayor Tantleff advised that there is an article about his position as President of
the Dade County League of Cities in the Renaissance Magazine and the Aventura News.
Councilman Roth questioned Mr. Treppeda about the sand for Bal Harbour's beach. Mr.
Treppeda reported that DERM is working on an alternative method to bring sand in from
the Haulover Inlet, which will be a small project. He advised that the County is also looking
into a major beach restoration project for Bal Harbour and has identified Bal Harbour as an
erosion "hot spot," which will help them to develop different methods to be able to minimize
beach erosion here, including different kinds of structures that are being studied.
Mayor Berlin reported that he has been receiving a lot of letters and emails from people
communicating their opinion that Bal Harbour should "not pay Surfside's share of this
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237
project" (on 96th Street). He explained that he is still waiting to receive the final figures for
the project and then he will meet with Surfside and hopefully work out a mutually
satisfactory arrangement. Mayor Berlin will come back to the Council before a final
decision is made on that. Mr. Treppeda advised that he will get the figures that Mayor
Berlin needs.
Daniel Nieda, Building Official, addressed the Council and advised that a new Florida
Building Code is going to be adopted, effective February 28, 2002, which Bal Harbour will
have to use. He explained that he is concerned about a self -permitting and self -inspection
feature that will be in the new Code. Mr. Nieda recommended that the Council authorize
the Village Attorney to research this matter and for Bal Harbour to opt out of the feature.
Mayor Berlin questioned why the County would approve self -permitting and self -inspection.
Mr. Nieda thinks that it was approved because of the building lobby (developers want the
latitude). He also thinks that it is probably a time and money issue (the County takes a
long time to review plans). It was the consensus of the Council to have the Village Attorney
investigate this matter and report if the Village can opt out of that feature.
Councilman Roth suggested that the Council meetings be held at 4:00 p.m. instead of 3:30
p.m. Mayor Berlin advised that the meeting time is better for him either first thing in the day
(9:00 a.m.) or later (6:00 p.m.). Mayor Berlin explained that Councilman Boggess also has
a concern with the time of the meetings and would like to discuss this issue when
Councilman Boggess is present. Mrs. Horton will place the discussion of the meeting time
on the January Council Agenda.
12. ADJOURN: There being no further business to come before the Council, a
motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adjourn.
The motion carried unanimously (4-0), with Councilman Boggess absent, and the meeting
adjourned at 4:30 p.m.
Mayor Howard J. Berlin
Attest:
i;,
Jeanette Horton, MMC
Village Clerk
/elh
Regular Council Meeting 12/18/2001 8