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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 Regular Council Meeting 03/18/2003 I 173 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 Regular Council Meeting 03/18/2003 2 174 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: Regular Council Meeting 03/18/2003 3 175 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 Regular Council Meeting 03/18/2003 4 176 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 Regular Council Meeting 03/18/2003 5 177 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 Regular Council Meeting 03/18/2003 6 178 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 Regular Council Meeting 03/18/2003 7 179 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 Regular Council Meeting 03/18/2003 8 180 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 i8 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