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HomeMy Public PortalAbout2002-01-15 Regular Meeting238 COUNCIL. MINUTES REGULAR MEETING — JANUARY 15. 2002 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 15, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:30 p.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Councilman James E. Boggess Councilman Peg E. Gorson Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Assistant Mayor Daniel S. Tantleff As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bal Harbour resident Phil Corbisiero. 3. APPROVAL OF MINUTES: Mayor Berlin requested that Sea Grape "Tress" on page 4 be corrected to read Sea Grape "Trees." A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the minutes of the December 18, 2001, Rekular Council Meetink, as amended. The motion carried unanimously (4-0), with Assistant Mayor Tantleff absent, and the minutes were approved as amended. 4. PRESENTATIONS: None S. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None 7. ORDINANCES FIRST READING: None B. RESOLUTIONS: None 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Councilman Roth reported that he has received great feedback on the landscaping on the beach. Councilman Boggess reported that Mayor Berlin has taken a very productive interest in the Regular Council Meeting 01/15/2002 1 239 Resort Tax Committee and has conducted the meetings beautifully when he (Councilman Boggess) was unable to attend. Councilman Boggess thanked Mayor Berlin for his help. Mayor Berlin is very happy with the beach project and advised that the Village decided to use the crushed shells on the jogging path. Mr. Treppeda reported that the project is expected to be complete at the end of January, unless anything develops. Councilman Gorson reported that she has also received favorable compliments on the beach project. Discussion of Meeting Time: Mayor Berlin explained that sometimes it's difficult for him to get to Bal Harbour from downtown in the middle of the day and suggested talking about an alternative meeting time. He advised that if there's no other time that the Council can agree to, then he will be happy to leave the time as is. Councilman Boggess thinks it would be more difficult for Mayor Berlin if the meeting was changed to 4:00 p.m. Mayor Berlin agreed. Councilman Gorson advised that she prefers the morning, because the 3:30 p.m. meeting takes up the whole day. Councilman Roth prefers 4:00 p.m. Councilman Boggess prefers the moming meetings and suggested 9:30 a.m. Doug Rudolph, resident-212 Bal Bay Drive, suggested either first thing in the morning or at the end of the day, in the afternoon. Philip Corbisiero, resident — 63 Bal Bay Drive, has no preference and stated that the only time it may come into play is if there's a hot issue on the agenda, in which case the morning may be difficult for a lot of the residents to attend. Dina Cellini, resident-211 Bal Cross Drive, advised that she doesn't have a preference, but agrees with Mr. Corbisiero that if there's an issue that a lot of people wanted to discuss, then the morning might be difficult if they work. Mr. Weiss advised that the Council meetings were previously at 9:30 a.m. (for 20 years). Mr. Treppeda thinks that the aftemoons are better for residents who work, but for the staff it doesn't matter. Mayor Berlin advised that he would be willing to try the 9:30 a.m. meeting time for a couple of months. Then if it works, it will remain at that time; however, if it doesn't work, then it can be changed. He suggested that if there's a major issue, then the meeting can be set for the afternoon for that month. A motion was offered by Councilman Gorson and seconded by Councilman Boggess to have the Council Meetings at 9:30 a.m. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff absent; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth nay. Mayor Berlin advised that the new meeting time will start in February. B. VILLAGE ATTORNEY: Mr. Weiss reported that most cities go through a Charter Review Process after a given period of time. He advised either a Citizens Committee or the Council goes through the Charter to make sure that it's up to date, eliminates language that is not needed anymore, and deals with things that have come up over time. Mr. Weiss Regular Council Meeting 01/15/2002 2 240 advised that a lot of cities are doing that now and some have it written into the Charter. He reported that Bal Harbour hasn't done that in at least 18 years. Mr. Weiss advised that his firm would go through and get rid of language that is no longer needed. He explained that the question is whether there are issues in the Village, and if any changes are needed to bring things up to date to deal with issues. Mr. Weiss advised that the Council doesn't need to make a decision today, but he wanted to raise the issue, because other cities are going through it now. Mayor Berlin directed Mr. Weiss to look at the Village's Charter. Mr. Weiss advised that there are a lot of things that he would clean up that are non -essential. Mayor Berlin requested that if there are essential issues that Mr. Weiss thinks that the Council should consider examining, then the Council will look at them. Mr. Weiss advised that the policy items that people consider are not legal things or things that he would feel comfortable saying the Council should look at it. He explained that it's more a matter of the Council or a Committee reviewing the items. Mayor Berlin advised that he is in the process of reviewing the LDR (Land Development Regulations) and would like to finish that project before another one is started. Mr. Weiss will look through the Charter. Mr. Weiss advised that in order to get something changed in the Charter, it needs to go to the electorate (by mail ballot, special election anytime, or with the County when they have their election). So, he wouldn't want to do that just to clean it up a little bit. Mr. Weiss advised against only having some clean up items on the ballot alone, because it's not worth it. He stated that if the Council wanted to look at the Charter and advise if something should be changed or updated, then it would be worthwhile to make the other changes. Mayor Berlin directed Mr. Weiss to review the Charter and, if there are some areas that could be benefited by the Council reviewing it, then he should let the Council know and the Council will then decide. Mrs. Cellini asked if the Charter is available for inspection. Mr. Weiss advised that it's on the web site municode.com under Florida, then under Bal Harbour Village. Mr. Treppeda advised that there is also a link on the Village's web site (balharbourgov.com). C. VILLAGE MANAGER: Sign Permit Request — Bal Harbour Club: Mr. Treppeda explained that this item does not need to be heard because the Village Attorney found a provision that would allow him (Mr. Treppeda) as Village Manager to deal with the Club directly, on any traffic control signs. Discussion of 4`" of July Fireworks: Mr. Treppeda explained that a lot of people were unhappy with the length of the last 4t" of July fireworks show, so the Council directed him to meet with Zambelli Internationale. He advised that he and Chief Larry Freeman met with Zambelli and have considered two things. First, moving the fireworks to a more central location, because they are now shot at the north end of the Village, from the jetty. Secondly, they considered a way to increase the length of the show. Mr. Treppeda reported that they have determined that it would be very difficult to shoot the display from anywhere along the shore and the Village would have to decrease to 3" shells, which wouldn't shoot up very high. He recommended that short of getting a barge, which would be extremely expensive and very hard to find, the fireworks should continue to be shot off from the jetty. Mr. Treppeda explained that in order to increase the length of the show, the shells will be shot individually, which would enable the show to be 20-25 minutes long. He advised that in light of the current situation with resort tax money, which funds this project, he believes that the Village should have Zambelli stretch out the show, with the Regular Council Meeting 01/15/2002 3 241 same finances. Mr. Treppeda reported that the Village will have bonus material, if it pays by a certain date, which is usually does. He explained that the show will start at 9:00 p.m. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the shells to be shot individually, from the jetty, for a 20-25 minute show. The motion carried with the vote as follows: Mavor Berlin aye; Assistant Mayor Tantleff absent; Councilman Bokeess aye; Councilman Gorson aye; Councilman Roth ave. Park Update and Approval of Change Orders: Mr. Treppeda explained that Sam Dan, Danco, and Chuck, Project Manager, are at the meeting. He advised that an agreement is enclosed in the agenda, which is subject to approval by the Council, and was made clear to Mr. Dan. Mr. Treppeda explained that the deadline for the Park was December 31, 2001, in order for Danco to receive a $50,000 bonus. He believes that the bonus did motivate the company, the Park is just about finished, and thinks that it can be opened in the end of January or early February. He explained that there are items that the Village had requested, which Danco does not need to have completed by the bonus date, which are: installation of a fence near the water and increasing the height of the basketball fence from 10 feet to 12 feet. Mr. Treppeda advised that other than those two items, Danco has until tomorrow (January 16th) to be finished. Sam Dan, Danco Development, addressed the Council and explained that the only thing outstanding is putting up the temporary fence by 96th Street, the basketball court striping and green surface (which cannot be done if there's a chance of rain). He advised that other than that, the electrical is done, except for a change that the Village requested for the lights. Mayor Berlin thinks that Danco has worked hard. Mr. Dan advised that Chuck has worked almost every weekend. Mr. Dan advised that they empathize about the Village wanting the Park to open and they have tried their best to get it done. Councilman Boggess questioned if the basketball court will be lighted. Mayor Berlin responded yes. Mr. Dan advised that the bases went in today and the poles are supposed to come in tomorrow morning. He explained that something will then have to be worked out with the electrician on putting a separate timer and panel. Mayor Berlin questioned if the lights in the Park will be on all night. Mr. Treppeda would like the landscaping lights to be on a photocell, which would light the Park throughout the night, for security reasons. However, he would like the two lights for the basketball court to be on a separate switch, so that if the Village ever needs them, they can be tumed on. Mayor Berlin stated that some residents are concerned about people playing basketball late at night and the sound traveling into the community. Mr. Treppeda advised that there has been no policy decision yet, but believes that the Park will be closed at sundown. Mayor Berlin questioned why basketball court lights were put in. Mr. Treppeda explained that the lights were originally planned for the project to allow the Village to use the Park for special occasions. He advised that the Village will be hiring a full time park attendant and perhaps a part time attendant. Mr. Rudolph questioned if there will be access to the Park or if it will be locked. Mayor Berlin explained that it will be locked at night and there will be an attendant during the day. Mr. Rudolph questioned when the attendant isn't there at night, if a resident would have access. Mr. Treppeda advised that currently there wouldn't be access when the Park is locked at night. He explained that the Village could always look into a card reader security system, if it's needed. Regular Council Meeting 01/15/2002 4 242 Councilman Boggess stated that there have been a lot of delays; some of them were the Village's fault and some were Danco's fault. He thinks that a $50,000 bonus is a bit generous. Councilman Roth stated that was the agreement and the Village has seen results. He thinks that it's too late to renegotiate and he thinks that, with two weeks until completion, the Council should approve the bonus. Mr. Treppeda feels that the Council should also keep in mind that Danco underbid the project with a previous employee, which has been fired since. Mayor Berlin stated that Mr. Treppeda is saying that in negotiating the bonus provision with Danco, he took into consideration what other competing builders/contractors would have charged the Village to do the project. So, even with the bonus, it was less than what alternative bidders would have charged the Village to finish the project, which is where the Village felt there was room to do this deal. Mayor Berlin thinks that it has created some motivation and Danco has done a substantial amount of work to get it done. Mr. Weiss explained that the only entity that has the ability to approve a bonus arrangement is the Council. He advised that it has been made very clear by Mr. Treppeda to Danco that any sort of discussions that they had, was subject to approval by the Council. Mr. Treppeda advised that he told Mr. Dan that he would recommend to the Council that the deadline be extended to tomorrow. However, if things get to a standstill, he would want to impose some sanctions per day, right now. Mayor Berlin thinks that Mr. Treppeda has done a nice job in dealing with the Contractor and they have a good working relationship, so he is comfortable with the Manager and the Contractor working out something fair. Councilman Boggess stated that the bonus has been agreed to and he supports the Council, so the Village should go with it. Mr. Treppeda was directed to finish the work with the Contractor. Mr. Treppeda requested approval for the following change orders: 1. Increase fence height from 10 feet to 12 feet $ 5,760.00 2. Electrical Revisions $ 3,600.00 3. Additional Three Seat Benches (3) and Table (1) $ 6,255.00 4. Additional fencing along the water $ 4,375.80 TOTAL $19,990.80 Mr. Treppeda advised that there will be some additional costs to install the 3 benches. Mr. Dan advised that Danco will do it at no charge. Councilman Boggess questioned if there is anyplace that two people can play backgammon, dominoes, etc. Mr. Treppeda advised that the table can be used for that. Mayor Berlin suggested that there also be chairs that the attendant can set out to sit around the table, collect at the end of the day, and store in the maintenance area. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the above referenced change orders. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff absent; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on Regular Council Meeting 01/15/2002 5 243 January 10, 2002: 1. Sales Calls in New York/Jan.-Feb. $3,000.00 2. Seminars in Illinois Suburbs/Feb. $2,500.00 3. Visit Florida NYC - GMCVB Brochure Distribution $ 100.00 4. Florida Blitz/March $3,500.00 TOTAL RECOMMENDED EXPENDITURES $9,100.00 Councilman Roth requested an update on the resort tax. Mayor Berlin advised that the resort tax revenue was down 36% in October/November and 25% down in December. He explained that the Resort Tax Committee is monitoring it on a monthly basis and has discussed contingency plans in the event the revenues don't rise to the 25% level. Mayor Berlin advised that the Committee has discussed using the extra $400,000 in the beach renourishment reserve, to cover the resort tax budget. He reported that most of the money in the resort tax budget is still unallocated, so there is plenty of room to adjust the budget in the next quarter. Mayor Berlin discussed the CDs for the Village that the Committee is looking into. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $9,100 in resort tax funds, for the above listed items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff absent: Councilman Boggess aye; Councilman Gorson ave; Councilman Roth ave. 11. OTHER BUSINESS: Mayor Berlin stated that an individual contacted Mr. Treppeda and wanted to be put on the agenda. He feels that it's unfair to the Council to have people come in at the last minute, after the agenda has been printed, and ask to be on the agenda, particularly if they expect the Council to react or answer a question. Mayor Berlin thinks that the Council should be able to look at the material beforehand, etc. He advised that currently there is no firm policy and he thinks that the Village should adopt a procedure. Mayor Berlin suggested that if anyone wishes to be heard on a substantive matter and they want the Council to respond, then they have a responsibility to be on the agenda. He thinks that the deadline needs to be three business days before the meeting (Wednesday night), with either the Mayor or the majority of the Council being able to amend that and put an item on at any time, in case an emergency arose, etc. Mr. Weiss advised that part of the Dade County Charter requires that citizens have convenient access to their government, so most governments have a sound -off section at the end, which the Village currently does (under Other Business). Mr. Weiss stated that the Council would allow citizens to have the ability to come to the meeting and express themselves; however, if they want something to be discussed by the Council, then it has to be on the agenda. He explained that a lot of cities have a rule that no action is to be taken by the Council, unless it's on the agenda. Mr. Weiss clarified that if someone just wants to come and not expect any comment or discussion from the Council, then that's okay; however, if someone wants something substantial to happen, then they have to be on the agenda. A motion was offered by Councilman Roth and seconded by Councilman Boggess that any person who wants either discussion or action by the Council on an item, must have that item listed on the agenda (the Mayor or the majority of the Council can waive that rule in an emergency). The motion carried with the vote as follows: Mayor Berlin ave Assistant Mayor Tantleff absent: Councilman Boggess aye; Councilman Gorson ave; Councilman Roth aye. Regular Council Meeting 01/15/2002 6 244 Mr. Weiss also suggested that a paragraph be added at the bottom of the agenda saying "on public comment, any person is entitled to be heard on any matter; however, no action will be taken by the Council, unless the item is specifically listed on the agenda." Mayor Berlin requested that a notice be placed in every Village newsletter, for the next year, advising people about placing an item on the Council agenda. 12. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Bo22ess and seconded by Councilman Roth to adjourn. The motion carried unanimously (4-0), with Assistant Mayor Tantleff absent, and the meeting adjourned at 4:18 p.m. Mayor Howard J. Berlin Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 01/15/2002 7