HomeMy Public PortalAbout2002-02-19 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - FEBRUARY 19, QOOQ
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February
19, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 9:33 a.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
David Wolpin, Village Attorney
Absent: Councilman James E. Boggess
As a quorum was determined to be present, the meeting commenced.
4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police
Detective Leo Quinn.
3. APPROVAL OF MINUTES: Mayor Berlin requested that the word
"substantial" on page 6 (Other Business), be changed to "substantive." He also requested
that the following paragraph be added at the bottom of the agenda "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." A motion was offered by
Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the
,January 15, 2002, Regular Council Meeting, as amended. The motion carried unanimously (4-0),
with Councilman Boggess absent, and the minutes were approved as amended.
4. PRESENTATIONS:
Office of the Year — Detective Leo Quinn: Chief Larry Freeman announced
that Detective Leo Quinn was selected at the Department's Officer of the Year for 2001, for
handling several complex investigations as well as designing the new patch for the
Department. Chief Freeman presented Detective Quinn with a plaque. Mayor Berlin
presented Detective Quinn with a check, on behalf of the Village.
5. PUBLIC HEARINGS: Mr. Wolpin read the following information from the
agenda:
Please be advised that the following item on the agenda is quasi-judicial in nature. If you wish
to comment upon this item, please inform the Mayor when he asks for public input on the item.
An opportunity for persons to speak will be made available after the applicant and staff have
made their presentation on this item. All testimony, including public testimony and evidence,
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will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your
testimony will not be considered. The general public will not be permitted to cross-examine
witnesses, but the public may request the Council to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi-judicial procedures may be obtained from the
Village Clerk. (Disclosure of Ex -Pane Communications)
Those planning to speak at the hearing were sworn in by Mrs. Horton.
Mr. Wolpin read the following variance application into the record:
OWNER OF THE PROPERTY LOCATED AT 276 BAL BAY DRIVE, IS SEEKING A
VARIANCE UNDER SECTION 15-4 FROM THE SIZE AND HEIGHT
REQUIREMENTS FOR A SIGN ON DEVELOPED SINGLE FAMILY PROPERTY.
Mr. Wolpin advised that this particular sign is a mural.
Dan Nieda, Building Official, read the following staff recommendation into the record for the
Sign Variance Request for the Dahari Residence, located at 276 Bal Bay Drive:
BACKGROUND: The applicant has submitted for consideration a sign variance request for an
existing mural on the east facade of a garage structure, in the R-1 Residential District. The
mural is eight (8) feet - two (2) inches high by seven (7) feet - nine (9) inches long, or 9,124
square inches and directly visible from the Bal Bay Drive right-of-way. The mural depicts a
tropical water scene with palm trees, hibiscus foliage and a native Indian on a canoe, as the focal
point. The mural is a deviation from the design that the Architectural Review Board had
approved, which consisted of a wall hung fountain feature. The Village Council may grant a
petition for a variance in accordance with Chapter 15, Signs, Section 15-4, in special cases
where the literal enforcement of that chapter would be deemed inequitable, and thereby permit
the erection of signs that are not in strict conformity with the Sign Code.
RECOMMENDATION: The applicant is seeking relief from the requirements of Section 15-
9 that regulates signs on improved single-family residential property. It provides that, unless
otherwise authorized by law, no sign shall be displayed, except for sales or rent signs, address
markers and statuary or other three-dimensional objects.
The fountain, originally proposed by the applicant, was permitted by Section 15-9(3). However,
the applicant's variance petition seeks approval for a mural feature that is not specifically
allowed by the above provisions of Section 15-9(1)(2) and (3). The Code does allow the
Village Council to consider granting variances where the literal enforcement of this chapter
would be deemed inequitable. An address marker is the largest two-dimensional sign allowed
on single-family property. According to Section 2:
"An address marker containing street address number, name of street and
name of resident only. The marker shall not exceed 100 square inches in
surface area, shall not exceed two feet in height, from the top of the sign to
the ground, and must be located entirely within the private property, outside
of any easement area."
The sign is mounted on the garage wall and entirely within private property, in accordance with
requirements of this Section. If it met the dimensional criteria, it would be recommended for
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approval. However, the subject mural does not comply with requirements of Section 15-9(2),
since the sign is 9,124 square inches, where 100 square inches is the maximum allowed, and
eight (8) feet — two (2) inches from the ground, where two (2) feet is the maximum permitted
height. Because the applicant substantially exceeds the only available standards for
evaluation of its size, under Section 15-9, I recommend that this sign variance request be
denied.
Mayor Berlin opened the public hearing.
Dyan Dahari, owner — 276 Bal Bay Drive, addressed the Council and questioned if the
Building Official disapproves the subject matter or the size. Mr. Wolpin explained that the
item strictly concerns the size of the sign, because the Code restricts the size of signs. He
advised that in order for Mrs. Dahari to prevail, she needs to convince the Council that it's
unfair for the Village to apply the sign provision, as written, as it currently restricts and
regulates the size. He explained that the Village has no interest whatsoever in the content of
the sign. Mrs. Dahari stated that the mural doesn't really fall under the Sign Code, but that
there was no other area for the Village Attorneys to put it under. She advised that if the
Council has so much objection to the size of the sign, then she will put a gate in front of the
house, so the mural won't be visible from the street. Mr. Wolpin advised that the gate would
have to be approved by the Architectural Review Board. Mayor Berlin stated that might be
the best solution for this applicant.
Mayor Berlin explained that the reason that the Building Official evaluated the mural under the
Sign Ordinance was because it was the closest one he could find pertaining to the mural.
Mrs. Dahari doesn't feel that the mural falls under that category and did not intend for it to be
a sign. Mr. Wolpin advised that it is the Village Attomeys' legal opinion that the mural is a
sign, within the definition of the Sign Code.
Mayor Berlin stated that the Architectural Review Board had approved a fountain for the
property and a mural was placed on the wall instead of the fountain. He explained that the
Security District Civic Association spent one year with the Building Official and Village Planner
and had a series of meetings with the residents to review the rules that would govern signs
and artwork within the Security District. Mayor Berlin stated that he has no interest in
upsetting that expression of opinion, unless the Civic Association reevaluated it along with the
residents and decided to have a different sign rule within the District. He advised that short of
that, the Civic Association would be disappointed if the Mayor recommended something that
they all spoke about and requested. Mrs. Dahari advised that there is other artwork (tiles,
etc.) in the District that should be considered under the same category. Mayor Berlin advised
that it is not appropriate to discuss other properties that are not before the Council to discuss.
Mayor Berlin closed the public hearing.
A motion was offered by Councilman Gorson and seconded by Assistant Mayor Tantleff to deny the
Sign Variance request for the Dahari Residence (276 Bal Bay Drive). The motion carried with the
vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent;
Councilman Gorson aye; Councilman Roth aye.
6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None
7. ORDINANCES FIRST READING: The ordinance was read, by title, by the
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Village Clerk, authorizing the Village to provide Medicare Supplement Health Insurance to
eligible Village Council members. Mr. Treppeda explained that Councilman Boggess is going
through some health concerns and has asked for a discussion for a Medicare Supplement, if
he leaves office. He advised that the Supplement would continue for life, at the Village's cost.
Mr. Wolpin doesn't know if it will be taxable or not to Councilman Boggess.
Mr. Treppeda advised that the Village currently pays $380.19 per Council member, per month
for health insurance, as well as 55% of the cost of their dependent coverage. He explained
that the Medicare Supplement would cost $218.26 per month, under the current insurance
policy. Mayor Berlin advised the public that Council members serve with very little benefits
($92.35 salary per month and health insurance). He explained that Councilman Boggess has
served on the Council for 14 years and he feels that the Medicare Supplement is the least
that the Village can do for him. Mayor Berlin advised that the ordinance was drafted to be
effective after 12 years, because it is saying that Councilman Boggess is special and this
should be an extraordinary type of benefit.
Mayor Berlin would support the ordinance, as written, with the amendment that there be a cap
for the Medicare Supplement, up to the amount that the Village pays for the full insurance
benefits for other current Council members. Assistant Mayor Tantleff agrees with the three
consecutive terms; however, he thinks that Council members that have served three
consecutive terms that leave before reaching Medicare age, should also be eligible for the
benefit whenever they reach Medicare age. Councilman Roth doesn't think that it should
have to be consecutive years, and also thinks it should be for two terms (8 years) instead of
three. Mayor Berlin is not in support of two terms because this is suppose to be extraordinary.
Councilman Gorson questioned if this would be retroactive for other Council members who
have already retired from the Council. Mayor Berlin advised that wasn't addressed. Assistant
Mayor Tantleff is in favor of the ordinance as it is written and advised that the Council can
always amend the ordinance in the future.
A motion was offered by Councilman Gorson and seconded by Assistant Mayor Tantleff to adopt this
ordinance with the addition of a cost caveat, as suggested by Mavor Berlin. The motion carried with
the vote as follows: Mayor Berlin aye: Assistant Mavor Tantleff aye: Councilman Boggess absent:
Councilman Gorson ave: Councilman Roth ave. Thus becoming:
ORDINANCE NO.
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE
VILLAGE TO PROVIDE MEDICARE SUPPLEMENT HEALTH INSURANCE FOR
ANY VILLAGE COUNCIL MEMBER WHO LEAVES THE COUNCIL AFTER
COMPLETING THREE CONSECUTIVE TERMS OF SERVICE AND IS ELIGIBLE
FOR MEDICARE COVERAGE AT THE TIME OF LEAVING COUNCIL SERVICE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
8. RESOLUTIONS: None
9. FISCAL YEAR AUDIT REPORT: RACHLIN COHEN & HOLTZ —
G. JERRY tHIOCCA: Mr. Chiocca reviewed the General Purpose Financial Statements
of the Fiscal Year ended September 30, 2001. Mr. Chiocca reviewed the Report of
Independent Certified Public Accountants and advised that it states that they have audited
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the general purpose financial statements of the Town of Bal Harbour Village, as of
September 30, 2001 and for the year ended. He explained that it also says that the
information contained in the financial statements present fairly, in all material respects, the
financial position of the Village, as of September 30th, 2001. Mr. Chiocca reviewed the
Combined Balance Sheet (page 2), which shows the total assets of the Village at a little
over $41.3 million and approximately $1.7 million of liability, leaving fund balances of
almost $40 million. He explained that $1.9 million is Designated for Special Projects out of
the general fund and $2.5 million is Undesignated Fund Balance in the general fund. Mr.
Chiocca advised that the Village has a Special Revenue Fund of $1.4 million, which has
always been set aside for tourist development and $1.5 million of Undesignated. Mayor
Berlin clarified that the Undesignated funds are being used for the Beach Master Plan. Mr.
Chiocca advised that the Pension Benefits are over $12 million. He reviewed the Combined
Statements of Revenues, Expenditures and Changes in Fund Balances (page 3) and
advised that there is excess revenue in the general fund of $519,000, a deficit of $131,000
in Special Revenue and a deficit of $1,400 in the Expendable Trust. Mr. Chiocca reviewed
the Budget (page 4) and explained that there was approximately $519,000 to the positive
because there were more local taxes than budgeted ($175,000) and under the General
government expenditure, the Village didn't spend all that was budgeted ($300,000). He
advised that in the Special Revenue, there was approximately $1.8 million that the Village
was going to use from the prior fund balance for tourism development beach restoration.
He explained that the Village did not spend it all and the projects were put into this year, so
it shows a negative amount there because all the money wasn't spent. Mayor Berlin
questioned what the contributors are for the other local taxes category. Mrs. Horton
advised they are: utility taxes, FPL, franchise taxes, BellSouth, cable, etc. Mr. Chiocca
stated that he knows the Village flipped a lot of the appropriated fund balance this year into
special revenue and warned that the tourism tax and tourism is down, so the Village is
getting less money in and needs to reevaluate the priority of projects to do. Mr. Chiocca
reviewed the Combined Statement of Revenues and Expenses for the Utility Fund (page 5)
and explained there are Charges for Services of over $2 million, Operating Expense of
$1.5 million, which leaves an Operating Income of $526,000. He advised that adding on
the primary Interest Income of about $178,000, there is Net Income for the year of
$675,000. Mr. Chiocca reviewed the Pension (page 7) and advised there was a net
decrease and investment income of $1.1 million, which is the value of the stocks and
bonds. He explained that all of the cities are down.
Mr. Chiocca reviewed the Compliance Section. He reviewed the Report on Compliance on
Internal Control (page 32) and reported that the results of the tests disclosed no instances
of noncompliance that have to be presented to the Council, as well as no matters involving
internal control weaknesses. Mr. Chiocca congratulated Mr. Treppeda, Mrs. Horton, and
the staff on that. Mr. Chiocca reviewed the Report of Internal Control of the Auditor
General (page 34) and explained that there were no inaccuracies, irregularities,
defalcations, or violations of laws, rules and regulations. He advised that the Village was
not in a state of financial emergency, the Village was in compliance with the investment
policy, and during the course of their audit, nothing came to their attention to cause them to
believe that the Village was in any violation of laws or illegal transactions, etc. Mr. Chiocca
advised that the Auditor General has always required the auditors to look at financial
condition and this year came up with some specific ways of doing it. He explained that
they applied the financial condition procedure and found nothing having to do with
deteriorating financial condition. He advised that the Village is in a very good financial
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position (page 35, section 7).
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to accept the
report submitted by Rachlin Cohen & Holtz for the Fiscal Year ended September 30, 2001. The
motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye.
10. WITHDRAWAL OF APPLICATION FOR NON-USE VARIANCE
FOR HARBOUR HOUSE — HOLLAND & KNIGHT: Susan Delegal, Esq. —
Holland & Knight LLP, representing Smith Property Holdings Harbour House, who is
the applicant for a Non -Use Variance Application that was filed in October 2001. Ms.
Delegal requested to withdraw the Application for the Non -Use Variance previously filed
and advised that no hearings have been held on it and it is no longer an application that
the company wishes to pursue. In addition, she requested a waiver of the 6-month
provision in the Village Code, within which an applicant is not allowed to ask for another
public hearing. Mayor Berlin advised that the Council would probably not be inclined to
grant the 6-month waiver request; however, he doesn't think the applicant needs one. He
explained that several months ago, the applicant chose not to go forward. Mayor Berlin
advised that the rule is if they go forward and are denied, then they would have to wait 6
months. The Council determined that the Village Code prohibition on re -application after
withdrawal is not applicable. Assistant Mayor Tantleff advised that Charles E. Smith has
done a wonderful job updating the Harbour House.
11. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Assistant Mayor Tantleff advised that as the Miami -Dade County League of Cities
President, Miami -Dade County Manager Steve Shiver has appointed him to the Miami -
Dade Board of County Commissioners Strategic Planning Initiative Council (transportation,
infrastructure, etc.). He will report the results of those meetings to the Council.
Assistant Mayor Tantleff requested the Council to consider $300 per year, per Council
member, as an expense budget (to have meetings with residents, etc.). Mayor Berlin
thinks that it would be unusual for the Village to pay for that type of an event.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Update on Beach Master Plan and Request for Approval of up
to $30,000 for Florida Power & Light to Run Power to the Beach: Adam Shah,
Coastal Systems International, explained that an inspection for substantial completion
was performed last week, with very few deficiencies. He advised that the Contractor has
30 days to remedy the deficiencies, but it should only take 1-2 weeks (plant around valve
box for the irrigation system in the middle of the path so that it will not be run over, etc.).
He advised after that, the Contractor will demobilize from the site. Councilman Roth
questioned if the path has been steamrolled because people are complaining that the
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shells on the path are not crushed enough. Mr. Shah responded yes and that the shells
will continue to crush down over the course of time. Councilman Roth questioned if all the
plants will be covered by irrigation system. Mr. Shah advised that the water pressure on
the site is low, so a booster pump was installed, which is powered with electricity from 96th
Street. He explained that currently there is not sufficient water pressure to run the system
as it was designed, so the manual operation (switching on and off) of the system is
currently being done by the Contractor and will have to be done until the FPL power is
connected (approximately 6-7 weeks). Councilman Roth advised that there hasn't been
much rain and some of the plants are dying because of insufficient water. Mr. Shah
advised that was noted during the inspection and Coastal Systems has requested that
plant material be replaced. Mayor Berlin requested that the sprinkler system also be
checked, because some areas are sprinkling the path instead of the plants. Mr. Shah
advised that they need to do a final readjustment of the orientation of the sprinkler heads,
when the pressure is boosted. Councilman Roth stated that the Contractor is going to
leave before the 6 weeks that it will take FPL to complete their work and questioned who
will monitor the watering, etc. Mr. Shah suggested that the Village's Public Works
Department handle that before the FPL power arrives. Mr. Treppeda advised that once the
power comes in, it will be totally automated and run in the middle of the night, but until the
power is run out there, the Public Works will turn the different zones on and off (10-15 taps
to operate manually). He advised that's the way it was previously done.
Mr. Shah advised that the Contractor has up to 30 days to reach final completion and to
correct the deficiencies that were identified, but estimates that it will only be 2 weeks. Mr.
Shah explained that FPL has completed the engineering and the concept is to run power
from the SoliMar building (in Surfside), undemeath 96th Street, to a transformer, which will
be mounted on the north side of 96th Street (adjacent to the Majestic Condominium). The
power will then be run from the transformer into the electrical panel, which powers the
project. Mr. Shah advised that FPL is in the process of finalizing a cost estimate and
advised that the $30,000 figure is an estimate.
Mayor Berlin questioned how could an electrical contractor for the project not plan for the
main power feed. Mr. Shah advised that it was a lack of coordination between Coastal
Systems, the electrical engineer, the electrical contractor, and FPL. Mayor Berlin thinks
that the irrigation is his major concern because a lot of money has been spent on the
landscaping. He advised that he doesn't mind the Village's Public Works Department
picking up the responsibility, but wants to make it really clear that if the landscaping suffers
during the manual operation, then the Village will look to the people involved in the project.
Mayor Berlin doesn't mind the Village Public Works Department doing the operation, but
they shouldn't be held responsible. Councilman Roth agreed and thinks that the Contractor
should also send someone out once a week to see that the watering is being done
properly. Mayor Berlin stated there is no burden on Public Works and they are
accommodating the Contractor. He thinks that the responsibility stays with the Contractor
and they are liable. Mr. Shah stated that the Contractor will be discharged of their
responsibility, once they have completed the system. He advised that the supplying of the
power is a delay, which is due to the lack of coordination and at no fault of their own. Mr.
Wolpin thinks that the warranty should come from Coastal Systems, who should state that
in light of the fact that their design did not include this element, that they will, without
charge, weekly monitor the status of the landscaping, so as to help assure that there will
not be any failure of that landscaping. Mr. Shah advised that is acceptable. Mayor Berlin
directed Mr. Wolpin and Mr. Treppeda to draft the necessary paperwork to make sure
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there's no confusion. Mr. Shah advised that the supply of the landscaping material is the
Contractor's responsibility and once the irrigation is up and running, then the warranty for
the landscaping will revert to the Contractor who did the work. He stated that during the
interim period, when Public Works is supervising the irrigation, he will be happy to oversee
and work with Mr. Treppeda on overseeing that the guidelines are met, at no cost. Mr.
Shah advised that at the point that the irrigation system is up and running, then the normal
warranty should be reinforced. Mr. Wolpin thinks that would be appropriate. Mr. Wolpin
believes that Mr. Shah is saying that during the interim period until full power is there, his
firm will monitor the landscaping status, without cost, and will also be responsible for any
failure of the landscaping during that interim period. Mr. Shah advised that Coastal
Systems will agree with that, to a point. He explained that they are requesting that there's
sufficient support from Public Works.
Mr. Shah advised that during the clearing process, some Scaevola was removed, so more
sea oats are needed to complete the planting at the south end (10% increase). He advised
that cost is $13,070.00.
Mr. Shah explained that March 7 is the substantial completion date. He advised that the
Contractor is already substantially completed and has 30 days for final completion.
Sylvia Holder, resident — 24 Bal Bay Drive, advised that people walk over the sea oats
and thinks they should be taped off until the mulch can be put down. Mr. Shah will look
into the sea oats that have been damaged and advised they should be replaced at no cost.
Marjorie Schell, resident — Balmoral Condominium, advised that she can't walk on the
path barefoot. Mr. Shah advised that there would be an additional cost to steamroll the
path again.
A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve
$30,000 for FPL to run power out to the beach for the bollard lights, irrigation timers, and the
irrigation booster pumps. The motion carried with the vote as follows: Mayor Berlin ave;
Assistant Mavor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye;
Councilman Roth aye.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
$13,070.00 for additional sea oats. The motion carried with the vote as follows: Mayor Berlin
aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye;
Councilman Roth ave.
Dan Nieda, Building Official, advised that the Village Electrical Official has rejected
further inspections until complete revisions are done to the electrical system including life
safety electrocution hazards, etc. He cautioned that before substantial completion is done,
the drawings have to be submitted by the Engineer of record and approved by the
Electrical Official, before the work is continued. Mr. Nieda stated that he also needs a
report of compaction. He advised that Coastal Systems is obligated to follow through,
inclusive of final inspections. Mayor Berlin suggested that Mr. Shah meet with Mr. Nieda.
Mayor Berlin handed the gavel over to Assistant Mayor Tantleff to chair the meeting.
Regular Council Meeting 02/19/2002 8
Request for Approval to Purchase Police Vehicle: Mr. Treppeda
explained that Chief Freeman is requesting approval to purchase a police car to replace
one that is 5 years old and is almost out of warranty (police vehicles are normally replaced
after 5 years). He advised that pricing for a 2002 Ford Crown Victoria, from the State of
Florida (Dade County) bid, is $23,883.87.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve
$23,883.87 to purchase a new police vehicle (price includes an extended warranty for 5
years/75,000 miles). The motion carried with the vote as follows: Mayor Berlin absent; Assistant
Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth
Request for Approval to Spend Forfeiture Funds to Purchase
Four (4) Radar Guns: Mr. Treppeda explained that Chief Freeman is requesting the use
of Federal Forfeiture funds to purchase the following speed measuring devices:
1. Two hand held laser guns from Kustom Signals Inc. @ $3,895.00 each
2. Two hand held radar guns from Kustom Signals Inc. @ $2,047.00 each
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve
$11,884.00 in Federal Forfeiture Funds for the above listed items. The motion carried with the
vote as follows: Manor Berlin absent; Assistant Mayor Tantleff aye;_ Councilman Boggess absent;
Councilman Gorson aye; Councilman Roth aye.
Request for Approval of Mutual Aid Agreement with North
Miami Beach Police Department: Mr. Treppeda explained that the Village's Mutual Aid
Agreement with North Miami Beach Police Department will expire in April. He advised that
mutual aid agreements spell out the terms under which police departments assist each
other at times when a situation is beyond the control of the service, personnel, equipment,
or facilities of one of the departments. Mr. Treppeda advised that both Bal Harbour and
North Miami Beach would like to renew the agreement.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the
Mutual Aid Agreement with North Miami Beach Police Department for police services and to
authorize the Village Manager to sign the agreement on behalf of the Village. The motion carried
with the vote as follows: Mayor Berlin absent; Assistant Mayor Tantleff aye; Councilman Boggess
absent; Councilman Gorson aye; Councilman Roth aye.
Approval of Funding for Emergency Water Supply
Interconnect with North Miami Beach Water System: Mr. Treppeda explained that
the City of North Miami Beach constructed an interconnection with the Village's water
system at the north end of the Village (near Haulover Bridge), as an emergency water
supply. He advised that North Miami Beach paid 75% of the cost for installing the
necessary piping and meters. Mr. Treppeda recommended that the Council approve
$6,350.00 (25% of the cost of the work) from the water fund for the mutual interconnection
with the City of North Miami Beach. He advised that the interconnection can be used in
emergency situations to continue water service to the Village's residents.
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A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve
$6,350.00 from the water fund to pay for 25% of the cost of work performed by the City of North
Miami Beach for a mutual interconnection. The motion carried with the vote as follows: Mayor
Berlin absent; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson
aye; Councilman Roth aye.
Assistant Mayor Tantleff handed the gavel back to Mayor Berlin.
Discussion of Annual Alarm Permit Fee: Mr. Treppeda explained
that the Village currently charges a renewal fee of $5.00 per year for alarm permits. He
advised that the Village conducted a survey of what other cities charge for an alarm permit
and for annual renewal, which is enclosed in the agenda. Mr. Treppeda stated that in
order to be more in line with what other cities charge and to make the renewal effort worth
the employee time, supplies, and postage utilized, he is proposing that the renewal fee be
set at $20.00 per year.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
increasing the Annual Alarm Permit Fee to $20.00 to cover costs and directed the Village
Attorney to draft an amendment to Section 3-52 of the Village Code. The motion carried with the
vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent;
Councilman Gorson aye; Councilman Roth aye.
Request for Approval of Change Order to Add Twelve (12)
Foot Fence to North Side of Basketball Court: Mr. Treppeda explained that some of
the balls from the Park are going into the parking lot and he would like to raise the fence up
to 12 feet to prevent that. He advised that the cost from Fence Master to add the fence at
the Park is $6,800.00. Mr. Treppeda also explained that he would like to jog a small
portion of the fence on 96th Street around two water valves that Dade County needs to
access, which would cost approximately $2,000.00. Mr. Treppeda requested approval of
up to $9,000.00 for both of the changes.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
up to $9,000.00 for the changes to the fence at the Park. The motion carried with the vote as
follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent:
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
February 14, 2002:
1. Bal Harbour Video on CD ROM
2. Mexico FAM Trip
TOTAL RECOMMENDED EXPENDITURES
$ 5,000.00
$ 5,000.00
$10,000.00
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
$10,000.00 for the above listed resort tax items. The motion carried with the vote as follows:
Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman
Gorson aye; Councilman Roth aye.
Regular Council Meeting 02/19/2002 10
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12. OTHER BUSINESS:
Dina Cellini, resident — 211 Bal Cross Drive, addressed the Council and advised that
she received a letter from the Village Manager, dated January 25th, regarding the public
status of Founders' Circle. She explained that several residents would like to access their
right to freedom of religious expression at Founders' Circle and questioned if there's a
procedure to follow (permit application, etc.). Mr. Wolpin stated that the Council can adopt
a specific policy for addressing rights to freedom of expression; however, in the absence of
that policy, Founders' Circle is available and has been used by members of the public for
free expression. He advised that, as a public forum, it is available for such use. Mr.
Wolpin stated that if problems occur in the future, then the Council could adopt a specific
policy regulating the time, place, and manner of that expression. He advised that, so far,
Founders' Circle has been successfully used by the public for various expressive activities.
Mr. Wolpin stated that if the Council desires the Village Attorneys to look into the matter
further or recommend any time of policy, they can do so. Mrs. Cellini questioned if she
should notify the Village Manager of the specifics when a group would like to use
Founders' Circle. Mr. Wolpin advised Mrs. Cellini that she is free to send a particular
proposal to the Village Manager and she would then be contacted if the Village sees any
question or problem with it, under the existing Village ordinances. Mrs. Cellini confirmed
that there's not a formal permit application. Mayor Berlin clarified that there is no
procedure and Mrs. Cellini is offering to advise the Village in advance of some religious
ceremony. Mr. Wolpin agreed that there is no formal procedure. Mrs. Cellini stated that
most municipalities have a permit application to use a public forum. She advised that she
wants to make sure that she follows whatever non -procedure will be satisfactory to the
Village Council.
11. 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 Bozzess absent, and the meeting
adjourned at 10:58 a.m.
Mayor Howard J. Berlin
Attest:
f
Jeanette Horton, MMC
Village Clerk
/elh
Regular Council Meeting 02/19/2002
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