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HomeMy Public PortalAbout2002-03-19 Regular Meeting12 COUNCIL MINUTES REGULAR MEETING — MARCH 19. QOOQ The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, March 19, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:30 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 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. Q. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police Officer Jose Andrade. 1. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the minutes of the February 19, 2002, Regular Council Meeting. The motion carried unanimously (4-0), with Councilman Boggess absent, and the minutes were approved as submitted. 4. PRESENTATIONS: Office of the Month — Officer Jose Andrade: Chief Larry Freeman announced that Officer Jose Andrade was selected at the Department's Officer of the Month for February 2002, for his thorough investigation and persistence in locating a stolen motor scooter from Bal Harbour and apprehending the suspected thieves. Chief Freeman presented Officer Andrade with a plaque. Mayor Berlin presented Officer Andrade with a check, on behalf of the Village. 5. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: The ordinance was read, by title, by the Deputy Village Clerk, authorizing the Villagc to provide Medicare Supplement Health Insurance to eligible Village Council members. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adopt this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Regular Council Meeting 03/19/2002 1 13 Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth ave. Thus becoming: ORDINANCE NO. 471 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. 7. ORDINANCES FIRST READING: An ordinance was read, by title, by the Deputy Village Clerk, amending Chapter 3 of the Village Code pertaining to the annual renewal fee for alarm permits. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. Mr. Treppeda explained that the Village currently charges a renewal fee of $5.00 per year for alarm permits and is proposing to increase the fee to $20.00 per year, to cover employee time, supplies, and postage. He advised that a survey was done and most other municipalities charge even more than $20.00 for renewal. Mr. Treppeda stated that the Village would like to at least recover the administrative costs. He advised that this would be effective October 1, 2002. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adopt this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff ave; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Thus becomg in : ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 3 "ALARMS AND ALARM SYSTEMS," ARTICLE II BURGLAR ALARM SYSTEMS," AT DIVISION 2 "ALARM USER CERTIFICATE," BY AMENDING SECTION 3-52 "APPLICATION FEE," TO REQUIRE ANNUAL RENEWAL AND TO PROVIDE FOR THE PAYMENT OF AN ANNUAL FEE FOR THE RENEWAL OF ALARM USER CERTIFICATES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. An ordinance was read, by title, by the Deputy Village Clerk, creating Section 17-5 to prohibit private persons from placing objects in public places. Mayor Berlin opened the public hearing. Regular Council Meeting 03/19/2002 2 14 Dina Cellini, resident — 211 Bal Cross Drive, requested that the Council remove this ordinance from the agenda so that a meaningful dialogue can take place between the Village Attorney and other Constitutional experts, regarding the ambiguity, scope, and effect of this ordinance. Ms. Cellini advised that on the last page of this ordinance, it is already type written that this ordinance was passed on first reading March 19, 2002. She stated that the other ordinance on the agenda does not have a similar type written statement. Ms. Cellini advised that it concerns her whether or not this is in fact a public hearing, whereby the Council is open to persuasion and discussion, or if this is in fact a charade and everyone's minds are already made up. She requested that the Council explain why that is already type written on the last page of the ordinance. Ms. Cellini advised that she has a number of questions because she doesn't understand the scope and effect of the ordinance and she's hoping that the Village Attorney can clarify that for her. She questioned what the definition is of "private persons" and if it includes corporations, religious groups, temples, churches, mosques, charitable organizations, hate groups, etc. Ms. Cellini questioned what the definition of an "object, item, or display is and if it includes religious symbols and/or non -religious symbols. She advised that she read the definition of "public places," which is the only definition that is stated in the ordinance, and questioned if the ordinance specifically applies to Founders' Circle, to the sidewalks along Al A, the beach area (which is owned by the State), and behind the buildings. She questioned in general what the purpose of the ordinance is and what it hopes to accomplish. Ms. Cellini would also like to know what this ordinance prohibits that Section 17-4, which is already on the books, does not cover. She would like to know whether or not this ordinance would prevent hate groups from standing out on the grass at Founders' Circle and holding up placards with offensive slogans and language. Ms. Cellini doesn't think that this ordinance covers that and that's a concern to her. She questioned if this ordinance is passed, how it would affect religious expression at Founders' Circle in the future and what kind of expression would be permitted. Ms. Cellini questioned if the ordinance is passed, how it will affect the Winter holiday display at Founders' Circle, for example the Christmas tree and menorah that are displayed. Also, specifically, the religious ceremony at the menorah, during Hanukkah. Ms. Cellini knows that the Village puts up the tree and the menorah and questioned if they fall within exception number four. She is also interested in knowing what the compelling govemment interest is that this ordinance seeks to protect. She questioned how the ordinance is narrowly tailored to achieve this purpose and questioned if there are any other ways that perhaps the Village can achieve the purpose, short of establishing an ordinance that prohibits the display at Founders' Circle, for example. Ms. Cellini questioned if this ordinance bans all unattended displays at Founders' Circle, except those that are sponsored by the Village. Ms. Cellini advised that those are a number of questions that came to her mind that cause her great concern. She believes that there's a great deal of ambiguity in this ordinance and many constitutional issues that are compromised. Ms. Cellini asked the Council, in abundance of caution, to remove the ordinance from the agenda today and thinks it would avoid a great deal of problems in the future. There being no additional comments, Mayor Berlin closed the public hearing. Mr. Weiss advised that he previously spoke with Ms. Cellini and advised that he would be happy to have a detailed conversation with her between first and second reading on this. He explained that the term "person" is defined in the beginning of the Code. Mr. Weiss suggested that the Council pass the ordinance on first reading, then let the Village Regular Council Meeting 03/19/2002 3 15 Attorneys meet with Ms. Cellini to answer her questions in between first and second reading. If she still has questions after the discussion, then she is free to come on second reading to have them addressed. Mayor Berlin questioned, as Ms. Cellini pointed out, why the date was already type written in. Mr. Weiss explained that sometimes the Village Attorneys leave it for the Clerk to fill in and sometimes the Village Attorneys fill it in themselves, but it's certainly no indication that it has been passed on first reading. He advised that if the ordinance isn't passed, then it isn't passed. Mayor Berlin questioned if it is, in any way, reflective of a pre -decision. Mr. Weiss responded not at all. He explained that if the ordinance is not passed on first reading today, then it's not passed, and that would be a matter of public record. Assistant Mayor Tantleff requested that the Village Attorney meet with Ms. Cellini on these issues. Mr. Weiss assured that the Village Attorneys will give Ms. Cellini whatever time is necessary and make themselves available to her. Mayor Berlin questioned if Mr. Weiss' discussion with Ms. Cellini results in bringing a recommended modification, then if that can be done on second reading. Mr. Weiss advised that can all be done on second reading, as long as it's clarification to the ordinance and it's within the scope of the title that has been advertised. Mayor Berlin clarified that the Council cannot pass a second conceptual ordinance on second reading, it has to be within the scope of this ordinance conceptually. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING SECTION 17-5 "PROHIBITION ON PRIVATE PERSONS PLACING OBJECTS IN PUBLIC PLACES" OF ARTICLE I "IN GENERAL" OF CHAPTER 17 "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES;" RESTRICTING THE PLACEMENT OF OBJECTS, ITEMS AND DISPLAYS IN PUBLIC PLACES; PROVIDING FOR EXEMPTIONS AND DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Mr. Weiss requested Ms. Cellini to call his office to schedule a meeting. 8. RESOLUTIONS: None 9. REQUEST FOR APPROVAL OF SIGN PERMITS: Mr. Treppeda explained that Mr. and Mrs. Joel Sussman (190 Balfour Drive) and Mr. and Mrs. Ira Sussman (120 Harbour Way) placed sculptures in their yards, without realizing there was a procedure that the Village Code requires first. He advised that they appeared before the Architectural Review Board, which approved both statues. Mr. Treppeda explained that their next step is to appear before the Council and request sign permits for both of the statues. He advised that both statues fit within the 5-foot limitation that the Code has. Regular Council Meeting 03/19/2002 4 16 Assistant Mayor Tantleff thinks that the statues are beautiful. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve sign permits for Joel Sussman (190 Balfour Drive) and Ira Sussman (120 Harbour Way) for one sculpture in each of their yards. The motion carried with the vote as follows: Mayor Berlin lye: Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Ira Sussman, resident — 120 Harbour Way, thanked the Council for their approval. He suggested that, in the future, the issue of sign permits for statues be revisited, because it doesn't appear that an ordinance restricting signs is the appropriate ordinance to restrict artwork as well. Mr. Sussman thinks that the limitation of 60 inches, of placement, and of number are issues that should be considered by either the Architectural Review Board or a separate board. He thinks that a sign ordinance tends to restrict signs and expression. Mr. Sussman thinks that art, should it not be encouraged, should not be discouraged in the same manner. He thinks that if artwork is compatible with a house and the neighborhood, if a house is on a corner lot, or has more than one lot, then it shouldn't necessarily be limited to signs, as they are defined now. Mr. Sussman thinks that signs, if they're closer to a street, gives an opportunity to people that pass by to relate better to the expression. He thinks that the ordinance should be revisited because it's in the nature of a commercial ordinance to restrict typical signs and he doesn't think that it's appropriate for this type of expression. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff advised that he attended Miami -Dade County Days in February, which provided for elected officials in Dade County to meet with the legislatures. He explained that he met with Dan Gelber, Ron Silver, and Village Lobbyist Ron Book regarding issues concerning Bal Harbour. B. VILLAGE ATTORNEY: Mr. Weiss requested an executive session, on behalf of Joe Serota, to discuss the Harbour Club versus the Village of Bal Harbour case. The Village Clerk will be directed to schedule that. C. VILLAGE MANAGER: Request for Approval of Engineering Fees for Sanitary Sewer Evaluation Study Required by the Environmental Protection Agency: Mr. Treppeda explained that this study is required by the Environmental Protection Agency and there is currently $500,000 in reserved funds to pay for this. He reported that the study has to be completed by November 12, 2002. Mr. Treppeda advised that the engineering fees are broken down in the agenda, by man-hours, and the amount could be less if they don't require as many hours. He explained that $500,000 is budgeted because the study could detect some leaks in the sewer line, which would allow storm water to get into the lines, so the rest of the money could pay for any repairs that may be necessary. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve up to $232, 710.00 for Craig A. Smith & Associates to perform the EPA mandated Sanitary Sewer Evaluation Study. The motion carried with the vote as follows: Manor Berlin aye; Assistant Regular Council Meeting 03/19/2002 5 17 Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth Discussion of Shade Structure for Bal Harbour Park: Mr. Treppeda requested to defer this item for further investigation. Request Approval for Purchase of Plaques for Park and Beach: Mr. Treppeda explained that he has met with ASI Signs, which has done all the other signs around Village Hall, to do plaques for the Park, beach, and Post Office. He advised that the total cost will be $5,175.00. He explained that the plaque at the Park will go on a stone to match the stone columns and the plaque on the beach will go on a large boulder. Mayor Berlin questioned if the plaques will be consistent with the types of other plaques that the Village has done. Mr. Treppeda advised that they would be. He explained that the boulder for the beach plaque will be purchased by the Village separately. Mr. Treppeda will speak to each Council member later regarding the wording on the plaques. Mayor Berlin suggested reducing the wording on the plaque for the Beach Master Plan. Mr. Treppeda will contact Mayor Berlin to discuss the wording. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $5,175.00 for plaques for the Bal Harbour Park, the Beach Master Plan Project, and a counter sign for the Village Post Office. 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 the Purchase and Installation of Above Ground Fuel Tanks and Pump: Mr. Treppeda explained that when the Park was built, the underground fuel tanks were removed. He reported that it has been planned to replace those with above ground tanks, which will remove any environmental issues, make it easier for the public works department to handle refueling, and require less testing. Mr. Treppeda advised that there is $96,000 in reserve for this project and $70,749.64 is needed. He reviewed the following proposals: 1. Branching Out, Inc. (engineering and construction services) $31,841.39 2. Convault Florida (above ground tank and pumps) $38,908.25 He reported that the 6000-gallon tank will be divided into part diesel fuel and part unleaded fuel. Mr. Treppeda explained that the Village's Engineer, Bill Landis (Craig A. Smith & Associates) reviewed this and is comfortable with it. Mr. Treppeda explained that the tanks will save the Village money, since it will not have to buy fuel elsewhere. He advised that the tank will be located in a non -visible part of the Public Works facility. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $70, 749.64 for a new above -ground fuel tank with a pumping system. 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 Approval for a Protective Rail at Bal Harbour Park: Regular Council Meeting 03/19/2002 6 18 Mr. Treppeda requested approval for $1,895.00 for a metal handrail, to alleviate a hazardous condition at the Park. He explained that one of the storm catch basins is lower than the pavers and this would alleviate the possibility of someone falling off the edge. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve $1,895.00 for the purchase and installation of a metal handrail 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. Request for Expenditure of Forfeiture Fund for Defibrillators: Mr. Treppeda explained that the Village currently has defibrillators, which are five years old, and the technology has improved greatly. He advised that Chief Freeman would like to use forfeiture funds, at no cost to taxpayers, to purchase more defibrillators so that every police vehicle will have one. Chief Freeman explained that the defibrillators that the department currently has are shared between shifts and cars. He is requesting to have one in every car, so that they are available when necessary. The following items are requested: 1. 10 A.E.D.s @ $2,995.00 each 2. 5 waterproof cases @ $167.00 each 3. 6 spare electrodes @ $28.00 each 4. Shipping 5. Trade-in allowance $29,950.00 $ 835.00 $ 168.00 $ 283.25 $- 4,000.00 Councilman Gorson advised that the defibrillators were originally suggested by Dr. David Nathan, resident - 10155 Collins Avenue, who recently passed away. She thinks that the re -purchase would be nice in his memory. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve $27,236.25 of LETF Justice Account Funds for 10 A.E.D.s. The motion carried with the vote as follows: Mayor Berlin aye: Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Mr. Weiss explained that when the Village confiscates items from criminals (cars, etc.) that money goes into a special fund, which is the fund this money is being taken out of. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on March 14, 2002: 1. ASTA Cruisefest Booth with GMCVB $ 325.00 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to approve $325.00 for the above listed resort tax item. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. 11. OTHER BUSINESS: Pattie Fazzino, Senator Gwen Margolis' Office, addressed the Council. Mayor Berlin Regular Council Meeting 03/19/2002 7 19 advised that recently he was contacted by a representative of the School Board who told him that there is a discussion to consider using Haulover Park property for additional schools. Assistant Mayor Tantleff advised that it's his understanding, through Senator Margolis, that it's in the County Charter that they can't put a school there (they can put one small classroom). Ms. Fazzino agreed. Ms. Fazzino advised that Senator Margolis is running for the Senate. Assistant Mayor Tantleff would like the Village to ensure that the flowers are being watered properly at the Beach Master Plan. Mr. Treppeda explained that the watering has not been turned over to the Village yet, so the Contractor is still responsible. He advised that there was recently a walkthrough, which identified some problem areas where plants need to be replaced. Mr. Treppeda reported that he spoke with Adam Shah, Project Manager, who thinks that FPL may hurry up with the process of running power out to the beach. He advised that the Village is watching this very closely and will take any action against them if anything happens to the plants. Robert Wheldon, Village Director of Public Works, advised that the landscaping is not adequately covered by water, which the Contractor has been told. Mayor Berlin requested that be put in writing to them. Assistant Mayor Tantleff will call his contacts at FPL regarding running power to the beach. 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 10:05 a.m. r Mayor Howard J. Berlin Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 03/19/2002 8