HomeMy Public PortalAbout2003-03-18 Regular Meeting172
COUNCIL MINUTES
REGULAR MEETING — MARCH 18. 2001
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, March 18,
2003, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 9:00 a.m. by Mayor Berlin. Those present were:
Also present:
Mayor Howard J. Berlin
Assistant Mayor Daniel S. Tantleff
Councilman Peg E. Gorson
Councilman Joel S. Jacobi
Councilman Seymour "Sy" Roth
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Horvath, Deputy Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
Q. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police
Dispatcher Marco Paul.
3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor
Tantleff and seconded by Councilman Roth to approve the minutes of the February 12, 2003
Council Workshop Meetin,e and the minutes of the February 18, 2003, Regular Council Meeting.
The motion carried unanimously (5-0), and the minutes were approved as submitteri.
4. PRESENTATIONS:
Police Department Employee of the Month — Marco Paul: Chief Freeman
announced that Marco Paul, Police Dispatcher, was selected as the Employee of the Month
for January 2003. He explained that Mr. Paul was selected in recognition of his work on the
bid process for the security guard firms for the Security District guardhouse, obtaining
videotape relating to a burglary case, attending training on his own time for the Narcotics Unit,
and his assistance with the D.U.I. Checkpoint sponsored by the Department. Chief Freeman
presented Mr. Paul with a plaque. Mayor Berlin presented Mr. Paul with a check, on behalf of
the Village.
Officer of the Year — Detective Paul Deitado: Chief Freeman announced
that Detective Paul Deitado, who is detached to the Drug Enforcement Administration's Group
43, was selected as the officer of the Year for 2002. He explained that Detective Deitado has
been responsible for the Police Department receiving $500,000.00 in forfeiture funds, as well
as multiple arrests. Chief Freeman reviewed some accomplishments of Detective Deitado for
the past year. Chief Freeman presented Detective Deitado with a plaque and a certificate for
the Sea View Hotel. Mayor Berlin presented Detective Deitado with a check, on behalf of the
Village. Mayor Berlin discussed what Detective Deitado does and explained how important it
is to the Village and that the Council appreciates it. Mayor Berlin reported that Detective
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Deitado was one of a handful of officers in the entire county who were nominated for Officer
of the Year, which is an indication of the quality of his work.
5. PUBLIC HEARINGS: None
6. ORDINANCE SECOND READING/PUBLIC HEARING: An
ordinance was read, by title, by the Village Clerk amending Chapter 7 of the Village Code,
entitled Cable Television Ordinance.
Mayor Berlin opened the public hearing.
Mayor Berlin reported that a letter was received from Charter Communications, regarding
this ordinance, which the Village Attomey responded to.
Tony Bello, Charter Communications, advised that he submitted comments regarding
the proposed ordinance and that he is discouraged by the Village Attorney's response. He
explained that Charter currently has a contract with the Village and this would change that
contract and impose a hardship to the company. Mr. Bello explained that the additional
costs, which would increase operating expenses, would have to be covered by the 2800
customers in Bal Harbour. He advised that if the ordinance is passed as proposed, Charter
will again submit objections to it, outline their problems with it, and explain how they won't
be able to comply with it. Mr. Bello hopes that their arguments are accepted in good faith
and that they can come to some agreement on some of the issues, because litigation is in
nobody's interest. He advised that Charter has always had a good relationship with the
Village and they expect that to continue. Mayor Berlin questioned when Charter's license
with the Village expires. Mr. Bello advised that it expires in 2005. Mayor Berlin questioned,
at the expiration of this license, if there would be an opportunity for the Village to accept
bids from other operators. Mr. Resnick advised that, under the Cable Act, which is Federal
Law, the existing incumbent cable operator is presumed to be entitled to renewal of their
license, unless the Village takes certain steps, prior to formalizing the renewal, to find that
they are in breach of the current license or that they're not prepared to meet the future
cable related needs of the community. He explained that the cable company owns their
infrastructure, so any other company coming in would have to either buy the current
infrastructure from them, or build their own. Mr. Resnick reviewed the issue of costs and
advised that there is no specificity involved as to what costs this ordinance would cause the
company to bear. Mayor Berlin doesn't see what the incremental cost would be. Mr.
Resnick reported that he met with Mr. Bello and one cost that he mentioned was that
increasing the bond, from $50,000 to $100,000, would cost $1 ,500-$4,000. Mr. Resnick
advised that they did not indicate that the bond would necessarily need to be increased. He
explained that, under the new ordinance, it is still within the discretion of the Village
Manager to accept the bond as it is, so there's not necessarily an increase in that. Mr.
Resnick stated that Mr. Bello is operating now, consistent with the requirements of the
ordinance, as it is proposed to be amended.
Mayor Berlin questioned, if Charter decides unilaterally to increase their price as a
response to this, what rights the Village has. Mr. Resnick advised that the Village is already
certified to regulate rates and they would need to submit a federal form, which the Village
Attorney would have an opportunity to review. He explained that if they found that Charter's
rate increases were beyond what their external costs were, then the Village can also file a
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complaint with the FCC. Mayor Berlin questioned, if Charter has been subsidizing the costs
for whatever reason to keep it at a competitive rate and, in response to this ordinance they
applied for an increase based on their actual may be affectively higher then what it is being
charged to the customers, what rights the Village cost, which has. Mr. Resnick advised that
Charter can always increase their rates, because there's very little rate regulatory authority
now, but they're not really subject to competition in this area. He reported that they only
have 2800 subscribers, with most properties under contract, so they really don't have
competition in this area. Mayor Berlin thinks that it would be unfortunate if Charter chose to
increase their rate. Mr. Resnick stated that if the rates are increased, then the market
would probably entertain more competition and Charter might lose some of those
properties. Mr. Resnick advised that if Charter loses one building, then they're losing a
large number of units. He stated that if they do increase rates, then they would be subject
to market forces of competition. Mr. Resnick advised that Charter probably has rate
provisions in their private contracts with the buildings and Charter could not increase their
rates beyond those contractual provisions either.
Mayor Berlin questioned what in the ordinance Charter believes would give rise to
increased rates, other than the bond. Mr. Bello explained that the new requirement of the
bond issue (a $50,000 increase) would more than double the company's expense,
because performance bonds have become very expensive and many of the bonding
companies now require them to provide a letter of credit to back up the bond, in addition to
the premium that is required. Mayor Berlin doesn't see how that could be argued as a
burden on the company. Mr. Bello stated that the Village is entitled and able to entertain
any competitive company that wants to come in and ask for a license. He thinks that Mr.
Resnick has set this ordinance up for a competitor to come in and apply for a license, to
compete with Charter. Mr. Bello advised that Charter does have competition and there are
buildings in Bal Harbour that do not take service from them and contract with Direct TV,
etc. He advised that there are things in the ordinance that may not appear to be substantial
increases in operating expenses that will impact Charter's operation. Mayor Berlin thinks
that, aside from the bond issue, which is minimal given that they have 2800 users, it's not
material in terms of an increase. He explained that all of the Council members are Charter
customers.
Assistant Mayor Tantleff questioned what the cost would be if another cable company had
to come in and put in their own equipment, or buy it from Charter. Mr. Resnick advised that
it would be in the millions. Mayor Berlin advised that he hopes that Charter doesn't read
into the amendments as any kind of a policy opinion of Charter. He explained that the
ordinance came to the Council from the Village Attorneys, who advised that there were
some changes recently in the regulatory codes and the Village's ordinance hadn't been
modernized. Mayor Berlin reported that this was drafted so that the Village could be
consistent with what Miami -Dade County and other municipalities currently have. Mr.
Resnick advised that this is very similar to Miami -Dade County's ordinance, which Charter
is subject to in Bal Harbour as well.
There being no additional comments, Mayor Berlin closed the public hearing.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
this ordinance on second reading. The motion carried with the vote as follows: Mayor Berlin aye;
Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman
Roth aye. Thus becoming:
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ORDINANCE NO.482
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL
HARBOUR, FLORIDA, AMENDING CHAPTER 7 OF THE VILLAGE OF BAL
HARBOUR CODE ENTITLED "CABLE TELEVISION ORDINANCE";
PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE
TELEVISION THAT USE THE VILLAGE'S RIGHTS -OF -WAY; PROVIDING
DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR THE GRANT OF
LICENSES; PROVIDING FOR MINIMUM FACILTIES; PROVIDING FOR
CONSUMER PROTECTION STANDARDS; PROVIDING FOR ENFORCEMENT
AND ADMINISTRATION; PROVIDING FOR CONFLICTS; PROVIDING FOR A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, INCLUSION IN THE CODE
AND PROVIDING FOR AN EFFECTIVE DATE.
7. RESOLUTIONS:
A resolution was read by title, by the Village Clerk, urging the Florida Legislature to fully fund
the Department of Environmental Protection's Beach Erosion Control Project Priority List for
2003/2004.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleff aye; Councilman Gorson aye: Councilman Jacobi aye; Councilman Roth aye. Thus
becomg in :
RESOLUTION NO.640
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE
OF BAL HARBOUR, FLORIDA, STRONGLY URGING THE FLORIDA
LEGISLATURE TO FULLY FUND THE DEPARTMENT OF ENVIRONMENTAL
PROTECTION'S BEACH EROSION CONTROL PROJECT PRIORITY LIST FOR
FISCAL YEAR 2003-2004 FOR $30 MILLION, AS PROVIDED FOR IN CHAPTERS
161 AND 201, FLORIDA STATUTES; AND REQUESTING THAT THE FLORIDA
LEGISLATURE OPPOSE ANY LEGISLATIVE EFFORTS TO AMEND EXISTING
LAW, WHICH ALLOCATES $30 MILLION ANNUALLY IN CERTAIN
DOCUMENTARY STAMP TAX REVENUES TO THE ECOSYSTEM
MANAGEMENT AND RESTORATION TRUST FUND, FOR THE PURPOSES OF
BEACH PRESERVATION AND REPAIR.
Assistant Mayor Tantleff suggested that Mr. Treppeda find out who is on the Committee, so
the Council members can contact the people on this Committee to advise them that this is
important to Bal Harbour and they expect this to be passed. Councilman Roth questioned if
the Village is still scheduled for beach renourishment this summer. Mr. Treppeda reported
that the Village is still scheduled.
A resolution was read by title, by the Village Clerk, supporting the continuation of the Carl D.
Perkins Act appropriations.
Mr. Treppeda explained that, per the memorandum from Merrett Stierheim, the
Superintendent for Schools, the elimination of this would represent a cut of $5,825,863 in the
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176
basic infrastructure of the Miami -Dade County Public Schools, impacting educational services
for many thousands of students in secondary schools and adult technical education centers
across the country. He thinks that Bal Harbour should probably support this resolution.
A motion was offered by Councilman Jacobi and seconded by Councilman Roth to approve this
resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Thus
becoming:
RESOLUTION NO.641
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE
OF BAL HARBOUR, FLORIDA, SUPPORTING THE CONTINUATION OF THE
CARL D. PERKINS ACT APPROPRIATIONS.
A resolution was read by title, by the Village Clerk, opposing Senate Bill 1164 and House Bill
113, which set forth amendments to the Bert J. Harris, Jr. Act.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleff aye: Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Thus
becoming:
RESOLUTION NO. 642
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL
HARBOUR, FLORIDA, EXPRESSING OPPOSITION TO SENATE BILL 1164 AND
HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J.
HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS
THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER
LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE
AND QUASI-JUDICIAL RESPONSIBILITIES AND POWERS; TRANSMITTING
THE RESOLUTION TO THE PRESIDENT OF THE SENATE, SPEAKER OF THE
HOUSE AND GOVERNOR; SETTING AN EFFECTIVE DATE.
8. PRESENTATION OF PLANS FOR IMPROVEMENTS UNDER
HAULOVER BRIDGE AND BEACH WALKWAY - TAFT BRADSHAW: Mr.
Treppeda advised that Mr. Bradshaw works for the Developer of the One Bal Harbour
project, so he has asked Bill O'Leary to serve as the Village's representative on this matter
and to monitor all presentations and make recommendations. Mayor Berlin advised that, at
the February Council meeting, the Council indicated that they would slow the process down
of the One Bal Harbour project's application, for the PD zoning. He explained that the
Council is not hearing that on second reading today and advised that the Developer
requested to make a short presentation on a couple of aspects of the project. Mayor Berlin
reported that the Council is not voting on the project, but are just hearing the presentation.
Taft Bradshaw, Landscape Architect - Bradshaw, Gill & Associates, reported that he is
presenting today for general information. He stated that the area indicated on the plan
shown is what was presented, but was not part of the application, because it's the Village
and FDOT property that would be substantially improved. Mr. Bradshaw felt that it was
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important to present this as a separate item. He reviewed the plan showing the existing
metered parking, existing circulation cuts, superstructure of the bridge, and the columns
holding up the bridge. Mr. Bradshaw explained that currently there are two cuts and they
are proposing to improve that general area, aesthetically and functionally. He advised that,
on the functional diagrams, they have used the recommendations presented by the
Village's traffic consultant, as well as the applicant's traffic consultant. Mr. Bradshaw
reviewed the plan with the recommended changes. He reviewed the future right-of-way
expansion for FDOT, which is 18 feet. He advised that the existing sidewalk will remain in
the same location. Mr. Bradshaw reported that the main change would be the realignment
of a road, which would be shifted to make the movements more functional, as
recommended by the Village's traffic consultant. He advised that they changed the spacing
between the residential entrances at the lower level and maintained the fire code and the
service area. Mr. Bradshaw stated that the existing circulation pattern stays the same, for
entering and existing the north end. He explained that all of the existing parking will remain
and they would also create 7 to 8 additional spaces, for metered public parking. Mr.
Bradshaw suggested that the area be re -surfaced with pavers, to blend in with the
proposed beach walk, leading to the beach. He advised that new landscaped areas would
be implemented in the area.
Mr. Bradshaw reported that the Village's traffic consultant and Mr. Plummer's office, the
applicant's traffic consultant, indicated that they would like the north bound lane on Collins
Avenue to be increased to 19 feet in width, for emergency vehicles, which has been done.
He advised that they have accommodated the issues that the Village and its consultant, Bill
O'Leary, had recommended, which included some landscape issues, creating a separate
area under the bridge for the fishermen that is self enclosed, and the width of some of the
remaining areas that go out to the beach walk. Mr. Bradshaw advised that he has a
concept plan for the beach walk that is east. He explained that an area under the bridge
could be reserved for the Village as a civic use, or additional parking. Mr. Bradshaw
reported that the lighting underneath the bridge would be enhanced, but no major
structures to the bridge will be altered. He stated that the appearance of the whole area
would be improved dramatically, visually and environmentally.
Mr. Bradshaw reviewed the Beach Walk plan, along the Haulover Inlet. He advised that the
desire was to make it a more pedestrian friendly experience that would be in keeping with
the landscaping and proposed development of a condominium/hotel. Mr. Bradshaw stated
that the lighting on the Inlet side, which was presented previously, will be on the property
side instead, for environmental reasons. He advised that since this is a Village issue and
the properties are FDOT and government owned, it should be kept as a separate issue. Mr.
Bradshaw stated that the improvement cost that was previously presented, as well as the
impact fees and assessments, will be worked out with the applicant prior to the second
reading and will be included in the Developer's Agreement. He advised that he is here
today to inform the general public, because there were several issues at the first reading
that came up, regarding if the parking was going to remain, the pedestrian access, etc. Mr.
Bradshaw advised that everything will stay and the access is the same. He explained that
it's a general improvement and that the re -alignment of the roads underneath the bridge is
the main consideration, which was in response to the Village traffic reports.
Carter McDowell, Attorney representing WCl (the Developer), advised that they would
like some feedback from the Council regarding these public facilities. He explained that as
part of the negotiation of the Development Agreement, they are agreeing to build these
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public improvements. Mr. McDowell advised that he and Ms. Stroud (Village Attorney)
thought that it would be a good idea, so that if the Council were unhappy or wanted them to
go in a different direction, then they could come to the Council with that issue. He
explained that they can be working on the Development Agreement and incorporating the
requirement for building these facilities into that Development Agreement, to bring it back
to the Council. Mr. McDowell clarified that Mr. Bradshaw stated that the northbound lane,
along Collins Avenue in front of the property, is going to be widened to 19 feet. He advised
that is in comparison to the prior plans. Mr. McDowell advised that it is about 18 inches
narrower, so that they can get more planting along the bridge area, which is in response to
a specific discussion with DOT about the minimum width for that drive. He explained that
one of the issues that had risen in the prior discussion is what would happen if there's a
vehicle parked on the side of the road, which does happen. Mr. McDowell advised that the
19 feet will allow vehicles to pass by, even if there's a vehicle that is stopped there. He
explained that is why they re -designed that somewhat. Mr. McDowell advised that they
wanted to get the Council's feel on the improvements, so that they can move forward.
Mayor Berlin advised that he did not know that was the agenda for this morning, so he was
happy to listen to the presentation, but he is not in a position to give a thumbs up or down.
Nancy Stroud clarified that it wasn't her idea and she only understood that Mr. Bradshaw
wanted to make a presentation, so she is comfortable if the Council doesn't give any
reaction. Mayor Berlin stated that he understood that they wanted to make a presentation
to advise the Council and he is happy that they came and is interested in what they said,
but he is not in any position to tell them whether or not he thinks this meets what needs to
get done to get a Development Agreement done. Assistant Mayor Tantleff advised that the
Council members are scheduled to have meetings individually, to discuss the Development
Agreement, so he thinks that the Council was just here, to listen to the presentation.
Councilman Roth advised that the Village has hired a consultant with experience to advise
them and they haven't met with him yet either. Mr. Treppeda stated that the Village's
Landscape Architect, Bill O'Leary, will also review these new plans before the Council
reacts. Mayor Berlin appreciates the work and thought that went into this and sees that
they are at least moving down the road towards getting what's best for the Village together
in this project. Mr. Bradshaw advised that the whole intent was to keep the Council and the
citizens informed. Mayor Berlin requested that they not take, from the Council's comments
today, that they are endorsing the treatment for that area. Mr. Bradshaw advised that he
wanted to make sure that everyone understood the previous presentation.
Mr. Bradshaw reviewed the landscaping for the median on 96th Street. He reported that it
has been an experience dealing with DOT. Mr. Bradshaw explained that they have
modified plans, re -submitted plans, and are in the process now of setting up the last
criteria, which DOT has asked for. He stated that Dot has changed a lot of regulations and
criteria, for landscaping in the median. Mr. Bradshaw advised that his office and Mr.
Treppeda will be meeting with DOT shortly and hope to get this issue resolved. Mayor
Berlin doesn't understand how it can take 6 months to get a permit to plant trees. Mr.
Bradshaw agreed. Mayor Berlin questioned what the estimate is on how long it will be from
this point to get it taken care of. Mr. Bradshaw hopes that they can have one more meeting
with DOT, to get this issue resolved. Mayor Berlin questioned if there are politics at play.
Mr. Bradshaw isn't sure and thinks that it's just bureaucracy at its worst. Mayor Berlin
questioned what the interplay is between DOT and Surfside getting their permit. Mr.
Bradshaw doesn't know and advised that he has kept that issue completely separate from
the median. He advised that the placement and arrangement of the plant materials and the
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lighting have been the most difficult items. Mr. Bradshaw advised that they have done
everything that DOT wants and every time they meet with DOT they have an additional set
of criteria. Mayor Berlin questioned who is taking the lead on the Surfside permit. Mr.
Treppeda reported that CSA (the engineering firm) is. He explained that Surfside is
dragging their feet as well, but CSA finally has an engineer that will be looking at it.
Assistant Mayor Tantleff questioned if the Council should make any calls or get involved.
Mr. Treppeda thinks that, if after this meeting with DOT it is delayed again, then everyone
should be called. Assistant Mayor Tantleff thinks that when these projects start in the
future, that the Mayor and Council members should call immediately to let them know that
they are involved in the process. He thinks that when politicians get involved, it adds
positive political pressure to get things accomplished.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Berlin introduced Lauren Morris, from Miami -Dade County Commissioner Sally
Heyman's office. Ms. Morris requested that citizens contact her, if there is anything that
Sally Heyman can do. She congratulated Assistant Mayor Tantleff on the birth of his
second child. Assistant Mayor Tantleff announced that Ms. Morris was his first campaign
manager in 1997 and is one of the reasons that he is sitting on the Council. He thanked
Ms. Morris for attending the meeting.
Assistant Mayor Tantleff thanked Mr. Treppeda for presenting a key to the Village to
Congressman Don Young's wife. He stated that at some point the Village will have to go for
the expansion of Haulover Bridge (to four lanes) and he thinks that having Don Young, the
Chairman of the House Transportation Committee, on the Village's side will be a great
help.
Assistant Mayor Tantleff reported that he is going to Tallahassee on April 2nd to attend a
meeting for the Florida League of Cities Board of Directors. He advised that he will be
meeting with some legislators to lobby for the Village's beach projects and other items.
B. VILLAGE ATTORNEY: None.
C. VILLAGE MANAGER:
Request for Expenditure of Forfeiture Funds: Mr. Treppeda
explained that Chief Freeman is requesting $8,000.00, from the Police Forfeiture Fund, to
cover operational expenses associated with the Vice -Narcotics Unit that the Village has
implemented.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
the expenditure of $8, 000.00 from the Police Forfeiture Fund. The motion carried with the vote as
follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman
Jacobi aye; Councilman Roth aye.
Request for Approval of Architectural Fees for Park Attendant
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Structure: Mr. Treppeda explained that the following bids were received:
1. Charles H. Benson & Associates Architects P.A. $7,250.00
2. Middlebrooks & Associates, Inc. $9,000.00
3. Halberstein Linkewer & Associates, Inc. $7,500.00
Mr. Treppeda advised that the low bidder has been checked out by the Building Official,
Dan Nieda, who is also an Architect. He explained that this would be a structure for the
park attendants to check the residents into the Park and would have a bathroom that is
being requested by a lot of residents. Mr. Treppeda advised that it would also have storage
for equipment that is used in the Park. Mayor Berlin stated that the Benson letter showed a
total fee of $8,500. Mr. Treppeda explained that the Architects were also requested to look
at the addition of a third office in the Police Department, but somebody else has already
done that. He advised that the Park portion is $7,250.00.
A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve
$7,250.00 for Charles H. Benson & Associates Architects P.A. to handle architectural services for
an attendant facility for Bal Harbour Park. The motion carried with the vote as follows: Mayor
Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye;
Councilman Roth aye.
Mr. Treppeda will bring back a conceptual plan, once it is ready.
Resort Tax Committee Recommendations: Mr. Treppeda
reviewed the following recommendations, made by the Resort Tax Committee, at their
meeting on March 13, 2003:
1. GMCVB German Leading Tour Operators and Agents Fam Tour $500.00
(Cost to Sponsor Lunch)
TOTAL: $500.00
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
$500.00, for the above listed Resort Tax Committee Item. The motion carried with the vote as
follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman
Jacobi aye; Councilman Roth aye.
10. OTHER BUSINESS:
Mr. Treppeda explained that he has been receiving several complaints, from bicycle riders,
who feel that it's very dangerous to ride in the street. He advised that it is explained to them
that the Village has an ordinance. Mr. Treppeda advised that recently he received
something from a man who wants to publicize this. He reported that he has asked the
Village Attorney to check and see if this is a legal ordinance that the Village has. Mr. Weiss
advised that after reviewing it, he thinks that the Village is fine, but he would like to speak
to the Council members individually about it. Mayor Berlin questioned if the Village's
ordinance is out of step with other municipalities or Dade County. Mr. Weiss reported that
the Village's ordinance regarding bicycles is somewhat unusual. Mayor Berlin thought that
Aventura has a similar ordinance. He was under the assumption that bicycles are treated
as moving vehicles. Mr. Weiss will discuss this with the Council members individually. Mr.
Regular Council Meeting 03/l8/2003 9
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Treppeda advised that he has granted a handicapped resident permission to use her
electric scooter on the sidewalks. He explained that those are the types of issues that
people sometimes bring up.
Shannon Selby, Chief Operating Officer - Bellini Condominium, requested additional
work hours for the Bellini construction project. Mr. Treppeda advised that the Village's work
hours are 8:30 a.m. until 5:30 p.m. and they are requesting to work from 8:00 a.m. until
6:00 p.m., until the project is completed. He explained that he grants permission to work
outside the normal hours occasionally, but he doesn't feel comfortable granting permission
for extended hours on such a permanent basis. Mayor Berlin advised that if Ms. Selby is
asking the Council to vote on this issue, then the Council must be advised in advance and
provided with material, by placing it on the Council agenda. Mr. Weiss suggested that Ms.
Selby write a letter to Mr. Treppeda providing information and requesting that this item be
placed on a Council agenda. Ms. Selby will send a letter.
11. ADJOURN: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adjourn.
The motion carried unanimously (5-0), and the meeting adjourned at 9:50 a.m.
J
Mayor Daniel S. Tantleff
Attest:
r
Jeanette Horton'MMC
Village Clerk
/elh
Regular Council Meeting 03/18/2003 10