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HomeMy Public PortalAbout1998-04-21 Regular Meeting20S COUNCIL MINUTES REGULAR MEETING - APRIL 21. 1998 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 21, 1998, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Mayor Spiegel. Those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Andrew R. Hirsch! Councilman James E. Boggess Councilman Peg E. Gorson Councilman Daniel S. Tantleff Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Councilman Daniel Tantleff. 3. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve the minutes of the March 17, 1998, Regular Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations: Officer of the Month: None Officer of the Year - Detective Jose Andrade: Chief Larry Freeman advised that Detective Andrade is the Bal Harbour Police Officer of the Year for 1 £97. He proceeded to read his memorandum enclosed in the agenda concerning the selection of Detective Andrade for Officer of the Year. Chief Freeman presented Detective Andrade with the 1997 Officer of the Year plaque. Mayor Spiegel presented a check to Detective Andrade on behalf of the Village Council. Mr. A. Anthony Noboa, SunTrust Bank presented a bond. On behalf of the Bal Harbour Shops, Chief Freeman presented a dinner for two at Carpaccio, and on behalf of the Sea View Hotel a two night stay. Detective Andrade addressed the Council and expressed his appreciation for the award. 5. Public Hearings: The Village Clerk read into the record the following non-use variance request: OWNER OF THE PROPERTY LOCATED AT ALL OF AREA NO. 1 TOGETHER WITH EASEMENT THERETO, AND ALL OF AREA NO. 5, AND ALL OF EASEMENT NO. 3 LYING NORTH OF AREA NO. 2-a, IN THE "B" BUSINESS DISTRICT OF BAL HARBOUR, MORE COMMONLY KNOWN AS 9700 COLLINS AVENUE, IS SEEKING A NON-USE Regular Council Meeting 4/21/98 1 203 VARIANCE FROM THE REQUIREMENTS OF SECTION 21-319(d), PARK DRIVE SETBACK OF 50.125' WHERE 100.0' IS REQUIRED. Mayor Spiegel opened the public hearing. Mr. Daniel Nieda, Building Official, addressed the Council and read his recommendation enclosed in the agenda. He proceeded to display the setback areas effected by the variance. Councilman Boggess requested clarification that the trucks in the loading dock will be sealed. Mr. Nieda believes that is the design intent. R.J. Wunsch, Architect, 2631 E. Oakland Park Boulevard, Fort Lauderdale, was sworn in by the Village Clerk. Mr. Wunsch addressed the Council and explained the concept for the loading dock. He sated there will be a gasket seal around the door and it will virtually eliminate all unloading and loading sound coming from the truck. Construction is expected to start mid -summer and it will take about five months to complete both bays. Mayor Spiegel closed the public hearing. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to approve this variance._ The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch) aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye. 6. Ordinances Second Reading/Public Hearings: None 7. Ordinances First Reading: None 8. Resolutions: None 9. Reports and Recommendations: A. MAYOR AND COUNCIL: None B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Award of Bid for O going Date Palm Maintenance - William O'Leary' Mr. Treppeda reviewed his memorandum enclosed in the agenda. He recommends Spray Pro to begin at $20,850.00 per year, which will be paid for with Resort Tax funds. Mr. Weiss is concerned about the vast difference in the bids. He questioned Mr. O'Leary how they explained the difference between $20,850 and $197,658 for the same service. Mr. O'Leary addressed the Council and explained the difference in the bids. Spray Pro currently does work for Bal Harbour on a different project and the other two came highly recommended. All companies understood what was encompassed in the service. Spray Pro ensures they can adhere to the specifications. Spray Pro stated the other two bids were ridiculous. Mr. O'Leary is very comfortable with Spray Pro. Mr. O'Leary stated they are going to fertilize monthly, apply applications of insect and disease Regular Council Meeting 4/21/98 2 210 control every two months, and treat for lethal yellowing three times per year as a preventative measure. They are also suppose to prepare a report twice a year and send it to a laboratory at their expense. Also, they will advise the Village a couple of days in advance of the time they will come out and do the work. Fertilization can be done during the day. The insect control, depending on the insect, will require a root drench, but it may require spraying the bug, and is going to be occurring after 1:00 a.m. This bid is for all of the palms except for the 28 that Vila still has under warranty. The others will be added as they come out of warranty. There will be a change in the amount to add those trees. Assistant Mayor Hirschl stated there are more than five trees that are dead and thinks they're moving too slowly and not responsive enough. There are at least ten that are dead. Mr. O'Leary stated they are going to replace five now and they're going to meet again. The trees are still under warranty and he has given them the time to see if any of the palms can be brought back through fertilization, etc. Mr. Whitman addressed the Council and requested that they ask Mr. O'Leary to meet with the Resort Tax Committee on completing Collins Avenue. Mr. O'Leary stated he would coordinate it through Mr. Treppeda. A motion was offered by Councilman Tant/eff and seconded by Councilman Boggess to award the bid to Spray Pro for the amount of $20.850.00 per year. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye • Councilman Boggess aye: Councilman Gorson aye: Councilman Tant/eff aye. Assistant Mayor Hirschl questioned Mr. O'Leary why nothing has happened regarding the bus shelters and street lighting. Mr. O'Leary replied regarding the bus shelters, because he has nothing to do with the street lighting, he will have something very shortly. Mr. Treppeda reported he spoke with Mr. Hal Hilbish regarding the street lighting. Mr. Hilbish is giving himself a deadline for the next Council meeting to have something to present. Assistant Mayor Hirschl suggested if he doesn't then the Council should find someone else. Approval of Change Orders ADA Renovations - Middlebrooks & Associates: Mr. Treppeda reviewed his memorandum enclosed in the agenda for change order #23 through #33. Mr. Treppeda reported that the budget for the A.D.A. project is still okay at this point. Roberto Beltran, Middlebrooks & Associates, addressed the Council. Mr. Beltran stated the Contractor is supposed to finish by May 16' including the change orders. Mr. Beltran doesn't expect him to be done by then. He may need 30 days more. Mr. Weiss stated that after May 16", they're going to start collecting liquidated damages. Mr. Beltran stated there are some samples of paint colors on the building for the Council to look at after the meeting. Councilman Boggess questioned Mr. Treppeda if he thought the change orders were necessary and appropriate. Mr. Treppeda responded they definitely were. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirsch! to approve Change Order #23 through #33 for the Village Ball Renovation & Expansion Project for the amQuizt of $17 552.29. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Boggess Regular Council Meeting 4/21/98 3 211 aye: Councilman Gorson aye: Councilman Tantleff aye, Approval of Proposal for Design. Preparation of Plans. Preparation of Bid Documents. and Assistance with Bid Process. and Project Management of Public Works Facility Repairs - Arbab Engineering. Inc.: Mr. Treppeda reviewed his memorandum enclosed in the agenda regarding the Public Works Facility. The Village's Building Official and Structural Engineer both agree with Mr. Arbab. Mr. Ali Arbab, 11900 Biscayne Boulevard, #508, North Miami, Florida 33181, addressed the Council and reviewed his background. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve the proposal submitted by Arbab Engineering. Inc. for the amount of $6.100.00. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess aye;. Councilman Gorson aye: Councilman Tantleff aye. Mr. Treppeda informed the Council that Mariano Fernandez, the Village Structural Plans Examiner, is going to be resigning due to his personal business expanding. Mr. Arbab will be considered for the position after the project for the Public Works Facility is finished. Approval of Beer and Wine Beverage License (2COP) for The Palace Restaurant: Mr. Treppeda reviewed his memorandum enclosed in the agenda. Fusillo Giovanni, 9955 E. Bay Harbor Drive, addressed the Council. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve the beer and wine beverage license (2COP) for The Palace Restaurant. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye: Councilman Boggess aye: Councilman Gorson aye; Councilman Tantleff aye. Councilman Boggess questioned when they approved the beer and wine license for Cookworks in the Bal Harbour Shops if that was for consumption on the property. It was the consensus of the Council that it was. Councilman Boggess questioned if they were suppose to be selling wine there. Councilman Gorson stated they said they were not going to sell wine. Councilman Boggess stated they are selling bottles of wine. Assistant Mayor Hirschl stated that during the holidays they approved gift baskets. Mr. Treppeda stated he would look into it. Welfare to Wages Agreement: Mr. Treppeda reviewed his memorandum enclosed in the agenda and explained that Councilman Tantleff, the Village's Dade County League of Cities representative, brought this opportunity to the Village. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to authorizethe Village Manager to enter into an agreement with Lockheed Martin Lthe provider) to receive four workers under the Welfare to Wages program at no cost to the Villa_geL The motion carried with the vote as follows: Mayor Spiegel Regular Council Meeting 4/21/98 4 212 aye: Assistant Mayor Hirsch) aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye. Oren Development - Request for Reimbursement for Replacement of Sidewalk: Mr. Treppeda reviewed his memorandum enclosed in the agenda. Mr. Jerry Oren, owner of the Majestic Condominium, addressed the Council and explained why he authorized replacement. A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Tantleff to approve reimbursement of S30.000 of Resort Tax Funds to Oren Development for replacement of the Village's portion of the sidewalk surrounding the Majestic Condominium with Oren Development being responsible forpayment of the portion of the sidewalk directly in front of the Majestic Condominium. The motion carried with the vote as follows; Mayor Spiegel aye: Assistant Mayor Hirsch) aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye. Quarterly Financial Report: Mr. Treppeda reviewed his memorandum enclosed in the agenda. Finance Director Jeanette Horton addressed the Council. Ms. Horton explained that the legal fees are nearly completely expended in the Legislative Department and, in the Police Department, the legal fees are over expended already and there are still negotiations to come. Assistant Mayor Hirschl questioned Mr. Weiss if other cities have a way to charge back the legal fees that deal with police issues. Such as the funds from the detached officer. Mr. Weiss stated that it could not come out of fines and forfeitures. But, there are other grants and things. Assistant Mayor Hirsch) asked Mr. Weiss to find out if other municipalities are able to garnish other funds that can cover their expenses in these police related litigations. Assistant Mayor Hirsch) questioned what the full charge was on the Feuerring lawsuit. Mr. Weiss said he did not know off -hand and would let him know. Councilman Boggess questioned what the status was on that. Assistant Mayor Hirschl answered it was over and the Village won. Mr. Treppeda reported that the utility taxes were raised, so starting in May, the Village will be getting additional revenues over and above what was projected for the General Fund, which will help. Recommendation of Resort Tax Committee - Approval of Public Relations Services Alice Fisher Edelman: Mr. Treppeda reviewed his memorandum enclosed in the agenda. Mr. Treppeda stated that he does not have an agreement prepared at this time but will work with the Village Attorney to prepare one that is suitable. Councilman Tantleff questioned if the Village should let people in the public relations industry know that the Village is looking for someone. Assistant Mayor Hirsch) stated that the Resort Tax Committee agreed that the person behind the public relations firm was Alice Fisher and they would like to keep her. Assistant Mayor Hirschl stated the reason that Alice Fisher was looked at in lesser than good graces, for a period of time, was because she was representing the Sheraton Bal Harbour. The Committee felt that was a conflict. When Ms. Fisher went to work for Gothard/Greenstone Roberts and stopped her affiliation directly with the Sheraton the Committee picked her back up. Mr. Treppeda Regular Council Meeting 4/21/98 5 213 reported that Ms. Fisher will be representing Bay Harbor Islands. Mayor Spiegel reported she will be representing some of the individual shops at the Bal Harbour Shops. A motion was offeredby Councilman Tantleff and seconded by Councilman Gorson to enter into an agreement with Alice Fisher Edelman to provide Public Relations Services to the Village for $2.500,00 per month. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch/ aye: Councilman Boagess aye: Councilman Gorson aye: Councilman Tantleff aye. Recommendation of Resort Tax Committee - Approval of Up to $50.000 to Retain Lobbyist - Re: Expansion of Haulover Golf Course: Mr. Treppeda reviewed his memorandum enclosed in the agenda. Assistant Mayor Hirschl feels it is important that Bal Harbour take a very pro -active stand with this piece of land if possible. There is a casino boat operation going in at Haulover, plans of Surfside wanting to create some sort of entertainment amusement park operation, Sunny Isles has wanted a water theme park in the past, and there have been problems with the restaurant operation. Mr. Valdes and Mr. Fine have expressed the Sheraton's interest in an executive golf course. It would still be a County operation, but there may be a way of Bal Harbour contributing to it to affect a permanent nine hole facility and act as a buffer for the Village from the north. Mr. David Fine, Director of Marketing, Sheraton Bal Harbour, addressed the Council. Mr. Fine informed the Council that there has been a bond issued for $4 million to upgrade the golf facility (bathrooms, marina, etc.). The Sheraton would like to see enhancement to the community and there is enough acreage there for an executive golf course. They have spoken to a number of companies that are golf specialists that could design a facility that would have a multi use for golf recreation and gold education. The one element the hotel cannot package presently is golf. It could represent a nice marketing attraction that would supplement the facilities in Bal Harbour. Councilman Boggess stated some negotiation should be made with one or more lobbyists before a dollar figure is put on it. The Council asked that Mr. Fine attend the meeting with Mr. Treppeda and Mr. Book. Stanley Whitman, Bal Harbour Shops, addressed the Council. Mr. Whitman stated that Gwen Margolis, Chairman of the Commission and head of the Parks Department, told the Resort Tax Committee that Ron Book represents the Parks Department and he is the logical person to hire. Mr. Weiss stated the Council needs to deal with the planning issue first and if they want a golf course there. A motion was offered by AssistantMayor Hirscht : nd seconded by Mayor Spiegel that as a Council they are concemed about the north end of the Village's border and an executive golf course enhances tourism as itrelates to the Sheraton Bal Harbour and enhances the community and: therefore. the Council should encourage a golf Regular Council Meeting 4/21/98 6 214 course development. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess aye; Councilman Gorson aye• Councilman Tantleffaye. Councilman Boggess stated Mr. Book would be in direct conflict of interest if he is a lobbyist for the Parks Department. Assistant Mayor Hirsch) stated the question was raised before and according to the Dade County Commissioner this is the way they do business all the time. Mr. Weiss stated that Mr. Book probably represents the County Parks Department in Tallahassee. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to authorize Mr. Treppeda to negotiate prices and for Mr. Treppeda and Mr. Fine to meet with Ron Book and any other qualified lobbyists capable of achieving the same results in an attempt to accomplish the expansion and enhancement of an executive golf course and bring the information andprices back to the Council. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! ave; Councilman Boggess aye Councilman Gorson aye: Councilman Tantleff aye. 10. Other Business: Resolutions: Mr. Treppeda reported that there were some resolutions that were given to Councilman Tantleff that should be considered by the Council. The resolution was read, by title, by the Village Clerk, endorsing the current programs and policies of the School Board of Miami -Dade County. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirsch! to adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch/ aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleffaye. Thus becoming: RESOLUTION NO. 575 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, SUPPORTING THE CONTINUED APPROPRIATIONS FOR AND THE DELIVERY OF THE MIAMI-DADE COUNTY PUBLIC SCHOOLS PRE-K, K-12, ADULT, AND POST- SECONDARY VOCATIONAL PROGRAMS UNDER ITS CURRENT STRUCTURE. The resolution was read, by title, by the Village Clerk, opposing the breakup of large school districts. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye. Thus becoming: RESOLUTION NO. 576 Regular Council Meeting 4/21/98 7 215 RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, OPPOSING THE BREAKUP OF LARGE SCHOOL DISTRICTS. The following resolution was read by title, by the Village Clerk: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, URGING THE MAYOR AND COMMISSIONERS OF MIAMI-DADE COUNTY TO UTILIZE THOUGHTFUL LEADERSHIP WHICH WILL RESULT IN EFFECTIVE POLICIES FOR FUTURE INCORPORATION AND PROGRAMS FOR FUNDING GOVERNMENT. Councilman Boggess stated that the resolution is vague and is aimed towards revenue sharing. It was the consensus of the Council to oppose adoption of this resolution. Beach Renourishment: Mayor Spiegel reported the beach renourishment project is underway and is expected to take 60 days to complete with 24 hour work. Mr. Treppeda advised that D.E.R.M. (Department of Environmental Resources Management) thinks it is enough sand to do the entire beach (200+ cubic yards). 3rd Annual Picnic: Mr. Treppeda reported that the Village's 3rd Annual Picnic is this Sunday and there are 50 reservations. Beach Master Plan Workshop Meeting• The Workshop Meeting to discuss the Beach Master Plan was scheduled after the next Council meeting on May 19th. Councilman Tantleff stated he is celebrating his first year on the Council and he wanted to thank the Mayor and the Council for their leadership and friendship and the staff of Bal Harbour for everything. Mr. Weiss stated that if anyone has any questions about the brief they are welcome to call him. 11. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirsch) to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:30 p.m. Attest: eanette Horton, CMC/AAE Village Clerk /elw Mayor Estelle Spieg Regular Council Meeting 4/21/98 8