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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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