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HomeMy Public PortalAbout2002-07-16 Regular Meeting54 tOUNtIL MINUTES REGULAR MEETING — JULY 16. 2002 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 16, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:42 a.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff 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 Peg E. Gorson As a quorum was determined to be present, the meeting commenced. The Pledge of Allegiance was previously done at the Local Planning Agency meeting. 2. APPROVAL OF MINUTES:A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the June 18, 2002, Regular Council Meeting. The motion carried unanimously (3-0), with Councilman Gorson absent, and the minutes were approved as submitted. 1. PRESENTATIONS: None 4. PUBLIC HEARINGS: None S. RESOLUTIONS: The resolution was read, by title, by the Village Clerk, ratifying the Collective Bargaining Agreement between the Dade County Police Benevolent Association and the Village. Mr. Weiss explained that this is the outcome of the negotiations with the Police Benevolent Association union. He advised that there is a memo in the agenda, which outlines the changes, which are mostly regarding the pension. Mr. Weiss stated that there's a follow up ordinance in the agenda implementing some of the changes. He advised that tno Police Benevolent Association (PBA) called and asked for a non -substantive charge on page 24, clarifying that, in cases where arbitration was not available, there would be an appeal to the Village Manager. Mr. Weiss explained that the Village shortened the list of dings that coul� go to arbitration, which is to the Village's benefit. He stated that the PBA wanted to make is clear that, in cases where it couldn't go to arbitration, there could be an app.;a: to the Viliac,a Manager, which the Village was happy to provide. He stated that the Village Manage ,ias distributed a slight change in language, but it's not substantive. Mr. Weiss reported that they're happy to be able to conclude negotiations nicely with the PBA and within in the parameters that were discussed, in the Executive Session. Regular Council Meeting 07/16/2002 1 55 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. Thus becoming: RESOLUTION NO. 631 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, PROVIDING FOR RATIFICATION OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION AND THE VILLAGE; AUTHORIZING THE VILLAGE MANAGER TO SIGN THE COLLECTIVE BARGAINING AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ORDINANCES FIRST READING: An ordinance was read, by title, by the Village Clerk amending Chapter 13, of the Village Code, regarding the Police Officers' Pension Plan. Mr. Weiss explained that this ordinance implements the police contract. He noted that Steve Cypen, the Police Pension Attomey, will answer any questions on this. Assistant Mayor Tantleff questioned if legally the Village is still responsible for what happens on the Police Pension even though it has it's own Board. Mr. Cypen advised that ultimately, per the Florida Constitution, the Village is responsible if anything goes wrong. He advised that is not very likely given the way that the plan is over -funded. Assistant Mayor Tantleff stated that the Council has heard that the Board is taking a lot of trips and going to seminars and questioned if there's anything that the Council should know. Mr. Cypen advised that everything is in good shape and he doesn't know that the Board has gone to anything except seminars that pertain to this issue. So, for a few dollars, they may end of saving millions. Mr. Cypen invited the Council to attend the meetings and/or read the minutes. Mayor Berlin commented that the Boards (Police and General Employee) have found themselves in an over -funded situation, but it is clear that the Village is ultimately responsible, in the event that there's a shortfall. He doesn't think that appears likely, based on the actuarial studies that have been reviewed. 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 Gorson absent; Councilman Roth aye. Thus becoming: ORDINANCE NO. _ AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE VILLAGE OF BAL HARBOUR CODE OF ORDINANCE, POLICE OFFICERS' PENSION PLAN, PROVIDING THAT THE MONTHLY RETIREMENT BENEFIT SHALL BE AN AMOUNT EQUAL TO THREE PER CENT OF FINAL AVERAGE COMPENSATION TIMES COMPLETED YEARS AND MONTHS OF CONTINUOUS EMPLOYMENT; PROVIDING NORMAL RETIREMENT UPON COMPLETION OF TWENTY YEARS OF CONTINUOUS EMPLOYMENT, REGARDLESS OF AGE; PROVIDING FOR NORMAL RETIREMENT UPON ATTAINMENT OF AGE SIXTY, REGARDLESS OF YEARS OF CONTINUOUS SERVICE; PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN; PROVIDING TECHNICAL CORRECTIONS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING Regular Council Meeting 07/16/2002 2 56 FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. An ordinance amending Chapter 21 "Zoning Code" of the Village Code was read, by title, by the Village Clerk. Mayor Berlin explained that this is the companion ordinance to the one reviewed at the Local Planning Agency Meeting. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth ave. Thus becoming: ORDINANCE NO. AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, AMENDING CHAPTER 21, "ZONING," ARTICLE III "DISTRICT REGULATIONS," DIVISION 10, "OF OCEAN FRONT DISTRICT," SECTION 21-288, "SAME -EXCEPTION FOR ACCESSORY PARKING STRUCTURES"; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABJLITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 7. COUNCIL CANDIDATE INTERVIEWS FOR DISTRICT 4 SEAT: Mr. Treppeda explained that, at the June meeting, the Council decided to only consider applicants who actually reside in District 4, which was the seat vacated by Jim Boggess. He advised that there are three applicants from that District, who will speak on why they feel that they are the best candidate for the position. Lee Gaffney, resident-10210 Collins Avenue, addressed the Council and advised that she is very interested in serving. She explained that she has been living in Bal Harbour for 12 years. Mrs. Gaffney thinks that the Council is doing a great job and commended the Police Department. She advised that she loves Bal Harbour and would like to do her best to work for the Village. Joel S. Jacobi, resident — 10178 Collins Avenue, addressed the Council and advised that he is 32 and is a local attomey. Mr. Jacobi explained that he was born and raised in Miami, with family in Bay Harbor. He advised that he knows the neighborhood in and out. Mr. Jacobi stated that over the years he has seen Bal Harbour grow for the better. He discussed the beauty, people and police in Bal Harbour. Mr. Jacobi stated that he graduated with honors from North Miami Senior High School, played collegiate ball at the University of California Santa Barbara and graduated with honors from there, went to law school at Thomas M. Cooley in Lansing Michigan and graduated Dean's List, is Councilman for the Board of the Brownstone Co-op, and has been in-house Counsel for the last five years. He advised that he thinks he can bring to the Council a heightened sense of public and community awareness, to express the views of the people, to express the Village's views, and to be an activist. Not just for safeguarding today, but also preparing for the future. Mr. Jacobi stated that he is proud to live in Bal Harbour. Dr. Marion Thorpe, Jr., resident — 290 Bal Bay Drive, addressed the Council and advised that he has been living in Bal Harbour for 6 years. He advised that since 911, he has taken it upon himself to become more active and involved in government. Dr. Thorpe thinks that is one of the things that makes not only Bal Harbour, but this great Country, very Regular Council Meeting 07/16/2002 3 57 special, is that people have the ability to debate and make a change. He reviewed his background and advised that he is a native North Carolinian, went to the Asheville School (high school), Duke University, and University of North Carolina Chapel Hill for Med School. Dr. Thorpe advised that he has taken on the path in life of being a Physician Executive, which combines the caring nature of medicine, along with the business aspects of health care delivery. He stated that his two greatest passions are providing everyone with affordable accessible and quality health care and being an active participant in local government. Dr. Thorpe reviewed that his strength is that whatever his endeavor is, he will bring integrity and honesty to it. He thinks that he can listen and communicate that information to the broader body. Dr. Thorpe thinks that all the applicants are qualified. Mayor Berlin thinks that all three candidates would be excellent choices for this position. He was impressed with their resumes and their interest in the Village. Mayor Berlin stated that he hopes that the two candidates that aren't selected still stay active. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to appoint Joel Jacobi as Councilman for the District 4 seat. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth Mr. Jacobi thanked the Council for the appointment. 8. RE -APPOINTMENT MEMBERS RESORT TAX COMMITTEE: Mr. Treppeda explained that the Code requires re -appointment of the Resort Tax Committee each July and reported that all of the current members are interested in serving again. Mr. Treppeda explained that there is one opening because Tony Noboa is no longer working at the SunTrust Bank. He reported that the Committee discussed the opening at their July meeting and have recommended that Raj Singh, General Manager of the Sea View Hotel, fill the open position. Assistant Mayor Tantleff advised that he knows Mr. Singh and that he was previously on the Committee; however, he suggested that the Council wait on filling the vacancy until there is more of a Council. He suggested reappointing the four other people that are currently on the Committee. Councilman Roth stated that Tony Noboa has been on the Committee for a long time. He advised that it is written in the Village's Charter that members of the Committee must be residents or work in Bal Harbour. Councilman Roth questioned if there's a way to have Mr. Noboa also continue to serve on the Committee. Mr. Weiss explained that it's in the Code that the Committee shall consist of five members, appointed by the Village Council, who either work or reside in Bal Harbour and who have experience in tourism and/or tourism related activities. One of the five members shall be a member of the Village Council. He advised that the Council can change that, if it wanted to. Assistant Mayor Tantleff stated that, in speaking with the members of the Resort Tax Committee, there is a lot of thought that, even though Mr. Noboa isn't in the neighborhood anymore, then maybe he could continue to serve for the next year. He suggested changing the Code to allow Mr. Noboa to serve for a year, because he brings a tremendous amount of knowledge and expertise to the Committee. Mayor Berlin stated that, as Chairman of the Committee, he can advise that Mr. Noboa does an excellent job and he would like to see if Regular Council Meeting 07/16/2002 4 58 the Council can figure out a way to keep him active on the Committee. If amending the ordinance is the way to do it, then he would be happy to do that. He thinks that the Committee's sense about Mr. Singh's participation is that with only having two hotels in Bal Harbour, it made sense to have the Sea View represented. In addition, Mr. Singh had served on the Committee previously for 8 years, so he has a wealth of knowledge about the Committee and its work. Mayor Berlin advised that there is a way to have them both, by expanding the number of members, if the Council wishes. Mr. Weiss stated that this Resort Tax is authorized under a very old provision of the Florida Statutes, which is unique to Bal Harbour, so he would want to check the State Legislation to make sure that the size of the Resort Tax Committee, or the qualifications of the members, is not mandated by that legislation to be a specific. He doesn't think that it is. Mr. Weiss explained that it would be an ordinance to change that, so it would require two meetings. Mr. Weiss advised that he will be requesting an Executive Session for the dog matter, so there can be a single purpose Council meeting at the same time to have first reading then and the second reading in September. Mr. Weiss explained that the law says that if there's a committee that has a specific term, then they will serve until their successors are appointed. Mayor Berlin stated that the Council is asking the Village Attorney to propose a modification with the concept to enlarge the Committee to six members. Assistant Mayor Tantleff suggested that it be kept at five members and have Mr. Noboa serve another year. He advised that if Mr. Singh wants to attend the meetings, then he can. Mayor Berlin suggested having a proposal for an amendment to eliminate the residency/work requirement. He then suggested having two alternative ones. Mr. Weiss stated that one will be to eliminate the residency/work requirement for one seat. Mayor Berlin advised that the second alternative will be moving it from 5 to 6 members. Mr. Weiss recommended against having 6 members on a Committee. Mr. Singh thinks that, on the Council's proposal to open it to anybody who doesn't work or live in Bal Harbour, it will be a real problem because the fact is that the people who have the best interest of developing this resort are people who work here or live here. He advised that they wouldn't want to technically have four people that don't even live here running the resort tax and using the funds that the hotels and restaurants collect. Mr. Singh stated that if there's a hesitancy of putting him on the Board, then that's fine; however, he thinks that the Sea View should be represented because it has been here since 1946. Mr. Singh doesn't think that anybody from the outside should be telling the Village how to spend its resort tax money. He advised that the primary reason for this was to bring tourism to Bal Harbour. Mr. Singh stated that the Council doesn't want anybody on the Committee that has any kind of conflict that can technically be on the Board of some other hotel or working with the Miami Convention Bureau, etc. Stanley Whitman, Developer - Bal Harbour Shops, advised that 9 hotels, including the Sea View Hotel, were in opposition to the resort tax when it was passed. Mr. Whitman advised that he will rent Mr. Noboa an office, so that he can have an office in the Village. Pat Tumpson, President of Plaza Bal Harbour Condominium Association, advised that she served on the Budget Committee with Raj Singh. She reported that he brought a sharp mind to that Committee and he was very dedicated. Ms. Tumpson advised that if the Council appoints him to the Resort Tax Committee, then he would bring much knowledge and a great deal of asset. Councilman Roth suggested expanding it to six members to allow for Mr. Noboa and Regular Council Meeting 07/16/2002 5 59 accept the recommendation of the Resort Tax Committee to appoint Mr. Singh. Assistant Mayor Tantleff agreed. Mr. Weiss advised that the Council could appoint Mr. Singh, because he meets the current qualifications, then there would be a Special Meeting to amend the ordinance to provide for a sixth member, who lives outside. Councilman Roth suggested that it be limited to only one member being able to live outside of the Village. Mayor Berlin advised that the Committee members will not be taking office until September's meeting, so he suggested having a Special Meeting in conjunction with the Executive Session, to deal with the question of 5 or 6 and of who at that time. Mr. Weiss will prepare two ordinances at that time and have them on for first reading. 9. SELECTION OF BUDGET HEARING DATES: Mrs. Horton explained that the County has advised that their dates may change, but they won't know until the end of July. She reported that the School Board's second date has been changed from the 11th to the 12th, which doesn't affect the suggested dates that are presented. It was the consensus of the Council to have the Budget Hearings on September5`h and September 17rh. Mr. Weiss advised that the Council can have the first reading on the Resort Tax ordinance on September 5th and the second reading on September 17th, so it wouldn't have to have a Special Meeting. It was the consensus of the Council to have the readings for the Resort Tax ordinances on September 5th and September 17`h. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Councilman Roth advised that he has received good feedback on the jogging path. Assistant Mayor Tantleff reported that the next president of the Miami -Dade County League of Cities will be sworn it at the meeting, which is the first Thursday in October. Update on William Welsh Dog Case: Mr. Weiss explained that the Village is currently in litigation over this matter, so any strategy regarding the litigation shouldn't be discussed. Mayor Berlin advised that there was another incident, where another one of the dogs got out and had to be subdued with pepper spray, in an area that is surrounded with little children. He advised that the letter was received from Dr. and Mrs. Blachar. Mayor Berlin reported that the Village is moving forward to enforce this ordinance and is not going to stop. He advised that the idea of someone harboring four Rotweilers in a residential neighborhood, with two of them being subdued with pepper spray and one already declared as being a dangerous dog by Dade County, is obscene. Mayor Berlin advised that the Village is making progress and understands that one of the dogs, legally, has been permanently removed. Michael Popok, Village Attorney, reported that the Village filed a complaint with the Circuit Court on April 22, 2002, asking for a Permanent Injunction, to enforce the limitation on the number of dogs that Mr. Welsh can have in his home. He explained that Mr. Welsh has four dogs and the Village's Code allows for two. Mr. Popok reported that the Village had previously asked for a Temporary Injunction on that to enforce and at least have two of Regular Council Meeting 07/16/2002 6 60 the dogs removed, during the pendency of the case. He advised that the Village had a snag because it had a senior status judge (Judge Solomon) that gave the Village a hearing very quickly (within 3 days), gave the Village a Temporary Injunction to force Mr. Welsh to live by the Village's leash laws, not allowing his dogs to run loose or at large and during the pendency of the case at all. Mr. Popok advised that the Village has a new judge (Judge Leefield) for the rest of the case. He reported that following the hearing, the Village received the Temporary Injunction Order, on April 24, 2002. He explained since that time, the Village has been monitoring to make sure that the Temporary Injunction has not been violated. Mr. Popok advised that it has been violated and, on June 22, 2002, one of the dogs (Lucky) got loose and had to be subdued by law enforcement. He reported that the Village received the call and filed an Emergency Motion with the court, on June 27, 2002, informing the court that Mr. Welsh had violated the Injunction and that this is a public nuisance and health and welfare issue and requested an emergency hearing. Mr. Popok advised that the opposing counsel (attorneys for Mr. Welsh) filed an Affidavit that he was in Europe, the dogs had all been put in a kennel and that the one dog that he says was loose, was permanently banished from the house, so he is now down to three. He reported that based on that, the Judge, without argument from the Village, postponed the hearing, until Mr. Welsh's return. Mr. Popok explained that Mr. Treppeda had law enforcement go over to confirm that the dogs were not in the house and that nobody was home, during this period of time. He reported that, on July 9, 2002, there was another hearing on the Emergency Motion. Mr. Popok stated that Mr. Welsh was still not back from Europe and, based on that, and the need for a longer evidentiary hearing than the court had allowed the Village (it was only a 5 minute hearing). He explained that the Village wanted Mrs. Blachar to have an opportunity to testify as well. Mr. Popok reported that the Village got a provisional remedy from the Court, an order banishing Lucky until the Village can have the final hearings in this case, and the Judge entered that order. He advised that this Judge has shown a sensitivity to the issues in this case and that this is a major public welfare issue with these roaming dogs. He advised that the Judge then asked that the lawyers try to work out a resolution of the Contempt Motion that the Village filed, the Motion for Sanctions. He reported that, based on that, he is waiting for counsel from the other side this week to send him his proposed order, on what to do as a punishment for the original Temporary Injunction having been violated, by the dog being loose. Mr. Popok advised that, in the meantime, there is an August 2, 2002 hearing, on the Emergency Motion, which Mrs. Blachar will attend and there will be a full evidentiary hearing on the Motion for Sanctions and for contempt, based on the dog getting loose, which violates the Temporary Injunction Order. He reported that they really just want to get to the merits of this case and the provisional emergency motions that they are doing are in the abundance of caution, to make sure that they are doing everything, to avoid a very tragic mishap. Mr. Popok explained that, on August 8, 2002, they have their motion for Summary Judgment, which means, without trial, the Village is asking for a judgment in its favor on the Permanent Injunction, enforcing the dog limitation. He advised that they filed a 14 page Motion for Summary Judgment, arguing that the Village's ordinance and Code are Constitutional, it is valid, it is enforceable, Mr. Welsh is in violation, and that the Village should have the relief that it is seeking, which is to get down to two dogs in the house. Mr. Popok reported that other items will be discussed at an Executive Session. Joni Blachar, resident-63 Camden Court, thanked the Council and Village Attorney for continuing to care about this matter, because the dogs keep running loose and Mr. Welsh is not being responsible for his own actions. She hopes that this comes to a conclusion soon and that nobody is injured. Mrs. Blachar advised that this is the fifth time that the dogs have been loose that have been documented. Mrs. Blachar advised that they started Regular Council Meeting 07/16/2002 7 61 being loose, in August 1999. She explained that she is walking in fear if these dogs are loose and Mr. Welsh should be responsible. Tara Schuchts, resident — 57 Camden Court, advised that people in the neighborhood will not allow their children to go to the cul-de-sac to play with her children, because of the dogs. She explained that they can't afford to have anybody really hurt. Ms. Schultz feels that is likely to happen, if this continues. She advised that the Postwoman is also scared. Mayor Berlin advised the Council that the Postwoman would not leave the truck, to deliver the mail. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Update of Progress of Shade Structure for Bal Harbour Park: Mr. Treppeda explained that the date the company originally gave for installation was June 25, 2002. He advised that they have run into some problems getting what they need, in order to get their permit. John Watson, Industrial Shadeports, USA, Inc., apologized for the delay. He explained that when they submitted the permit there were four items that they needed to fulfill. He advised that three were done and the fourth one was confirmation that the shade port would withstand a 146 mile an hour hurricane. Mr. Watson explained that their engineer was on vacation for 3 weeks, but is working on it now. He reported that the shade port will be done very soon and he expects to have the permit in to the Building Department by either Thursday or Tuesday. Mr. Watson stated that the President of his company agrees that the shade port will be completed 7 to 10 days, after the permit is approved. He advised that the materials are ready to go, they just need approval from the Village's Structural Engineer. Mayor Berlin questioned if it is designed to be permanent. Mr. Watson advised that it is; however, he would recommend taking the sails down if it gets up to 100 mph winds. Mayor Berlin questioned if the Public Works Department will be given instructions on how to take it down. Mr. Watson advised that they will offer that and they can also offer a service to come and take it down, if the Village likes. Mayor Berlin thinks that the Public Works Director should have full knowledge of how the system works. Mr. Watson agreed that he will have the specs into the building department no later than a week from today. Mr. Treppeda requested that Mr. Watson advise him when he is going to the building department, so that he can be there to assure that everything is processed quickly. Mayor Berlin advised that after the poles are installed, then the rubber surface will be worked on. Mr. Treppeda stated that the rubber in the water area was recently redone, because of the fading problem, but it is starting to fade again. He is worried about them replacing the large rubber area, if it's just going to do the same thing. Mr. Treppeda is going to try to deal with them first and then will get the Village Attorney involved. He reported that the rubber company hasn't been paid anything yet. Mr. Weiss suggested getting the Village Engineers involved to find out whether the company has similar installations in oceanfront communities in Florida, because they are claiming that they have never had this problem before. He stated that a lot of things are not made for Florida heat. Mr. Weiss stated that Mr. Treppeda has found out that Bay Harbor has a similar material that has been there for years and is fine. He explained that if the Village isn't comfortable that there's an installation in Florida on an oceanfront area that has lasted for a good Regular Council Meeting 07/16/2002 8 62 period of time, then the Village should just tell them to go away and use somebody else. Mayor Berlin questioned if there will be something surrounding the steel pole. Mr. Watson advised that the center column will have a bumper pad on it and the other columns will be powder coated. Mayor Berlin questioned when Danco will be doing the additional benches. Mr. Treppeda advised that there was a delay, due to the rain, but they will be done now. He will follow up on that. Replacement of Date Palm: Mr. Treppeda explained that the prices listed are from a bid that was done a year ago. He has spoken to the low bidder, Luke' Landscaping, who advised that the particular type of Date Palm (Zaheti), which is currently on Collins Avenue, is no longer available. He reported that a Medjool Date Palm is available, which looks a little different, but most people won't notice a difference. Mr. Treppeda advised that the Village will start replacing the trees with Medjools, whenever necessary. He reported that Luke's Landscaping will be advising if they can still honor the $6,000 price. Mr. Treppeda requested the authority from the Council, so that the Village doesn't have to wait for the entire summer, to award the bid to whoever the lowest bidder is. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to authorize Mr. Treppeda to award the contract to the lowest bidder. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mavor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. Discussion of August Council Meeting: Mr. Treppeda explained that the Village Code mentions that the Council may or may not meet in August. He advised that the Council usually doesn't meet in August, but it's up to the Council to make a decision on that. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff for the Council not to have a regular Council meeting in August. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. Award of Bid for Bal Harbour Emergency Water Main Connection: Mr. Treppeda explained that, in April 2001, the Village had an interruption for 15 hours, which revealed a weakness in the Village's water system. He advised that the Village Engineers have designed a secondary metered connection, coming from the pipe that comes through the Town of Bay Harbor Islands. Mr. Treppeda explained that a pipe was run under the Bal Harbour Park, before it was constructed. He advised that this bid is to connect the meter and that pipe, which was already installed into the Village's existing water system, to give the Village that emergency connection. Mr. Treppeda reported that the following bids were received: 1. Metro Equipment Services, Inc. $145,000.00 2. Ameristar Group, Inc. $140,562.00 3. MAJ Contracting, Inc. $116,854.80 Regular Council Meeting 07/16/2002 9 63 Mr. Treppeda stated that the Village Engineer and he are recommending the low bidder, MAJ Contracting, Inc. He reported that the funds are budgeted. A motion was offered by Assistant Mayor Tantleff and seconded by Mavor Berlin to award the bid to MAJ Contracting, Inc. for $116,854.80. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mavor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. Award of Bid for 96th Street Median Landscaping Project: Mr. Treppeda explained that prices were received from the following three companies; however, the companies have not received the lighting portion of the project yet: 1. Tropics North $107,500 2. Tip Top Tree & Landscaping Service $117,000 3. Bert Newcomb Tree & Landscaping Service, Inc. $174,000 Mr. Treppeda advised that the prices do not include the lighting or irrigation. He reported that $175,000 of resort tax funds is budgeted for this project. Mr. Treppeda requested authorization from the Council to go with the lowest bidder, with the documents being approved by the Village Attorney. Mayor Berlin discussed the project, with regards to Surfside. He advised that there was previously strong opinion by the Council not to advance the funds to pay for Surfside's side, if they were not going to participate. Mayor Berlin reported that Surfside's response to the project was that Bal Harbour needs to get a permit from them before it undertakes the project. Mr. Weiss advised that the Village needs to determine the jurisdiction of the road and, if it needs to, submit a permit to Surfside. It was the consensus of the Council not to do Surfside's side (south side of 96th Street). Mr. Treppeda reported that there's only enough money to do the middle (center median) right now. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to authorize Mr. Treppeda to award the bid to the lowest bidder. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mavor Tantleffaye; Councilman Gorson absent; Councilman Roth aL Authorization of Funds for Administrative Office Renovation Project: Mr. Treppeda explained that the Village can move ahead with the construction portion, because it has all been approved. He reported that he, Mrs. Horton, and the Administrative Assistant/Deputy Clerk are moving into the trailer tomorrow. Mr. Treppeda stated that Councilman Gorson is doing the design and he is not sure when she will be able to help with it, but he wanted funds authorized, in the event that she becomes available to start that portion. He suggested that the Council put on the motion that the funds can't be released, unless Councilman Gorson agrees. Mr. Treppeda is estimating the amount of $100,000 for the project. Mayor Berlin reported that no space is being added; the space that is currently there is being used. He stated that these funds are for the furnishings, etc. for the project. He advised that Councilman Gorson is the Chair of this project and the Council doesn't want that component going forward, without her involvement. A motion was offered by Councilman Roth and seconded by Mavor Berlin to approve $100,000 for the Administrative Office Renovation, to be spent under the direction of Councilman Gorson. Regular Council Meeting 07/16/2002 10 64 The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on July 12, 2002: 1. Southeast U.S. Sales Blitz (July 15-18) $ 1,300.00 2. Summer Mailings to Travel Agents (July and August) $ 8,000.00 3. West Coast Sales Blitz (August 12-15) $ 1,500.00 4. La Cumbre (September 3-7) $ 3,600.00 5. Northeast Sales Mission (September 30 — October 4) $ 3,000.00 6. Wire Release on Family Vacations $ 350.00 7. Portuguese Language Brochures $ 3,000.00 8. Duplication of Promotional CD ROM $ 2,500.00 Total: $23,250.00 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $23,250 for the above listed resort tax items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. Assistant Mayor Tantleff questioned about Patricia Peretz. Mr. Treppeda advised that she sent a note that she will be attending an upcoming meeting to advise that she doesn't feel that she can help the Village any further, with cultural events. He reported that it was not budgeted to have her again next year. 11. OTHER BUSINESS: Craig Gorson reported that Councilman Gorson is overseeing the Administrative Office Project, but she is not receiving a fee for it. He advised that she would want everyone to know that. Mr. Gorson introduced his wife and his daughter. He commented on how smooth the Council meetings are run. Mr. Gorson will convey everyone's wishes to Councilman Gorson. Nancy Sullivan, resident -152 Park Drive, advised that she has an angel statuary under two feet tall, in front of her home, which has been there for over a year. She explained that she just received something in the mail that she is no longer allowed to have the statuary and she requested clarification on that. Mr. Treppeda advised that an ordinance was passed a few years ago that requires a permit be received from the Village, before doing anything like that, which also regulates existing ones as well. He explained that if she wishes to keep the statuary, then she can apply for that. Ms. Sullivan questioned why that was passed. Mr. Treppeda advised that there was a house on Bal Bay Drive with all kinds of statues and a lot of artwork in the yard. He explained that the Village established an ordinance to get that type of thing under control. Mr. Treppeda requested that Ms. Sullivan contact him to review the ordinance, to see how it applies to her. Charles llvento, resident — 10205 Collins Avenue #1206, advised that, at a previous meeting, the Council was in favor of an ordinance, which it said would add 4-6% to a building and didn't address the setback square footage. Mr. llvento reported that he has done calculations and believes that the Village is providing at least 400,000 additional square feet of construction space, on a 25 story building. Mayor Berlin doesn't agree and Regular Council Meeting 07/16/2002 11 65 advised that the maximum lot coverage is 20% and the average lot is 200 feet wide by 500 feet deep. He advised that doing the math, it can't have an additional 400,000 square feet. Mayor Berlin advised that there are other statutes and elements of the ordinance that interact with lot coverage, including FAR, which is capped at 2.8, which limits the amount of square footage that is permitted to be built on a lot. He requested that Mr. Ilvento meet with the Village Planner and the Building Official. Mr. Ilvento stated that he had asked to find out what the worst -case scenario would be. He believes none of that was presented and it was totally ignored, which bothers him. Mr. Ilvento thinks that if there is good faith on the part of the Village's Elected Officials and the Building Consultant, then he would think that the Village might find out what a worst -case scenario would be, so that those who are uninformed could be better informed, as to specifically what it is. 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 (3-0), with Councilman Gorson absent, and the meeting adjourned at 11:03 a.m. Mayor Howard J. Berlin Attest: Jeanette Horton, M1VMC Village Clerk /elh Regular Council Meeting 07/16/2002 12