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HomeMy Public PortalAbout1998-06-16 Regular Meeting234 COUNCIL MINUTES REGULAR MEETING - JUNE 16.1998 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 16, 1998, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:05 p.m. by Mayor Spiegel. Those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Andrew R. Hirschl Councilman Peg E. Gorson Councilman Daniel S. Tantleff Councilman James E. Boggess 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 May 19, 1998, Regular Meeting as submitted. The motion carried unanimously (5-0). and the minutes were approved as submitted. A motion was offered by Councilman Tantleff and seconded by Councilman Gorson to approve the minutes of the May 19, 1998, Workshop Meeting as submitted. The motion carried unanimously (5-0). and the minutes were approved as submitted. 4. Presentations: Officer of the Month: None 5. Public Hearings: None 6. Ordinances Second Reading/Public Hearings: None 7. Ordinances First Reading: The ordinance was read, by title, by the Village Clerk, amending Section 5.5-11 of the Village Code pertaining to nominating members to the Architectural Review Board. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to enact this ordinance. The motion carried with the vote as follows: Mayor Spiegel aye• Assistant Mayor Hirschl aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Thus becoming: Regular Council Meeting 6/16/98 235 ORDINANCE NO. 431 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING SECTION 5.5-11 "MEMBERSHIP" OF ARTICLE III "ARCHITECTURAL REVIEW BOARD" OF CHAPTER 5.5 "APPEARANCE CODE," TO REPEAL PROVISIONS WHICH HAD ALLOWED THE BAL HARBOUR CIVIC ASSOCIATION TO NOMINATE MEMBERS TO THE ARCHITECTURAL REVIEW BOARD, SO AS TO HEREAFTER PROVIDE FOR ALL MEMBERS OF THE ARCHITECTURAL REVIEW BOARD TO BE APPOINTED BY THE VILLAGE COUNCIL; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR INCLUSION IN THE CODE. 8. Resolutions: The resolution was read, by title, by the Village Clerk, calling for a special election to propose an amendment to the Village Charter to provide a one year residency requirement as qualification for candidacy for the Village Council. Mr. Weiss explained the ordinance is attached authorizing this and this resolution is to notify David Leahy's office that Bal Harbour wants this placed on the ballot. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to adopt this resolution. The motion carried with the vote as follows; Mayor Spiegel aye: Assistant MayorHirschl aye: Councilman Gorson aye: Councilman Tantleffaye: Councilman Boggess aye. Thus becoming: RESOLUTION NO. 578 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, CALLING A SPECIAL ELECTION TO PROPOSE AN AMENDMENT TO THE VILLAGE CHARTER, PROVIDING FOR ONE YEAR RESIDENCY REQUIREMENT AS QUALIFICATION FOR CANDIDACY FOR VILLAGE COUNCIL; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. The resolution was read, by title, by the Village Clerk, protesting Miami -Dade County's budget message that substantially raises municipal millage rates and places the tax burden on the incorporated areas of Miami -Dade County. Mr. Weiss explained there is a move for Dade County to raise municipal millage rates in order to raise additional revenues for the County. This resolution requires an accounting and that the money that is levied from the incorporated area be specifically allocated to the use in that incorporated area and not be used to overall subsidize the County. Councilman Boggess stated this resolution is in line with the resolution that Councilman Tantleff brought in that the Council did not pass. He explained the County is angling towards revenue sharing, where Bal Harbour is going to subsidize the other parts of the County. Mayor Spiegel stated The Miami Herald reported that Merrett Stierheim wants the Regular Council Meeting 6/16/98 2 236 ad valorem taxes raised in municipalities to subsidize the unincorporated areas. A motion was offered by Councilman Boagess 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 Gorson aye: Councilman Tantleffaye: Councilman Boggess aye. Thus becoming: RESOLUTION NO. 579 RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, PROTESTING MIAMI-DADE COUNTY'S BUDGET MESSAGE THAT SUBSTANTIALLY RAISES MUNICIPAL MILLAGE RATES, UNFAIRLY AND INEQUITABLY PLACING THE TAX BURDEN ON THE INCORPORATED AREAS OF MIAMI-DADE COUNTY TO UNDERWRITE SERVICES IN UNINCORPORATED AREAS; URGING AN IMMEDIATE ACCOUNTING OF MUNICIPAL SERVICES PROVIDED BY MIAMI-DADE COUNTY AND DEMANDING THAT TAX REVENUES RAISED FROM INCORPORATED AREAS SHOULD NOT BE COMMINGLED WITH THE GENERAL FUNDS OF MIAMI-DADE COUNTY IN ORDER THAT THE PUBLIC BE ACCURATELY ADVISED OF MIAMI-DADE USE AND SPENDING OF TAX REVENUES. The resolution was read, by title, by the Village Clerk, urging the Federal Government to rename Everglades National Park as Marjory Stoneman Douglas Everglades National Park. A motion was offered by Councilman Tantleff 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 Corson aye: Councilman Tantleff aye: Councilman Boggess aye. Thus becoming: RESOLUTION NO. 580 RESOLUTION URGING THE FEDERAL GOVERNMENT TO RENAME EVERGLADES NATIONAL PARK AS MARJORY STONEMAN DOUGLAS EVERGLADES NATIONAL PARK. 9. Reappointment of Members to Architectural Review Board: Mr. Treppeda reported that all the members wanted to be reappointed with the exception of Maria de Leon-Fleites. He stated the Village has been happy with their service and recommends the members be re -appointed for another two year term. Councilman Boggess questioned if the Village was doing anything to express its appreciation of the members donating their time. Mr. Treppeda responded the Building Official takes them to a lunch and they are given plaques after each term. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to reappoint Giorgio Belli. Paul Buzinec. William O'Leary. and James Silvers for another two year term on the Architectural Review Board. The motion carried with the vote as follows: Mayor Spiegel ay_e:Assistant Mayor Hirsch! aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Regular Council Meeting 6/16/98 3 23'7 Mr. Treppeda stated if any Council member knows of anyone to fill the vacant position they should notify him. One recommendation has been made by Paul Buzinec, who is a member on the Architectural Review Board. 10. Reports and Recommendations: A. MAYOR AND COUNCIL: Mayor Spiegel reported the Village has received $10,000 from its participation in the Drug Task Force. That money is to be used for equipment for the Police Department. Mayor Spiegel explained that she has met several times with State Representative Elaine Bloom in reference to the 96`h Street problem. Representative Bloom in turn has met with several people at D.O.T. (Department of Transportation). Mayor Spiegel has recommended that if Surfside wants to protect their neighbors, they should put sidewalks in front of those houses. Councilman Boggess stated people who wanted to go to the parking lot behind the 9500 block of Harding can no longer turn left onto Abbott because it is a prohibited turn. Mayor Spiegel stated she spoke with one of the new Council members from Indian Creek, who is willing to join in with Bal Harbour in trying to resolve this. Mayor Spiegel reported she has another meeting set up with Representative Bloom and Stanley Whitman, Bal Harbour Shops, because Mr. Whitman has a plan. Mr. Treppeda stated it was recommend to the Mayor of Surfside at the Bay Harbor meeting that maybe they should re -zone, but he didn't like that idea. Councilman Tantleff questioned if something can be done to get rid of some of the bus shelters since new bus shelters and trash cans will be coming soon. If there are nine and future plans are to only have four, maybe five can be taken away now. Mr. Treppeda reported that Mr. O'Leary should have different options of bus shelters for consideration by the next Council meeting. Mayor Spiegel questioned about the street lighting. Mr. Treppeda reported that Mr. Hilbish is dealing with the company and hopes to have a prototype in about a month. Councilman Tantleff stated he sees on the agenda that the Village is starting to pay for trees that are no longer under warranty. He requested that Mr. Treppeda provide him with a list of where the trees stand, because the tree must have been sick while it was under warranty. Mr. Treppeda responded this is the first tree that the Village has had to pay for and all the rest were under warranty. Councilman Tantleff requested, with July 4'h coming up, that the police patrol be boosted because of the mess on Memorial Day. Lieutenant Jay Smith reported that there will be thirteen officers working that day. Councilman Boggess questioned if there is a Crime Watch meeting coming up between now and the 4`h of July. Mr. Treppeda responded yes, on Thursday, June 18'h. Councilman Boggess suggested that it be mentioned at the meeting that some of the buildings on Collins Avenue might want to hire some private security officers to look after their parking lots. Mr. Treppeda stated a letter was sent to every east side and west side building manager that it is an option to hire an off -duty officer or someone else. Corporal Roye reported that both motorcycle units and the bicycle officer will be working on July 4`h Regular Council Meeting 6/16/98 4 235 Councilman Boggess reported the State Legislature has been proposing that the Florida Turnpike be renamed the Ronald Reagan Turnpike. He thinks it would be ill advised to rename the Florida Turnpike after any individual. Mayor Spiegel requested Mrs. Horton send a letter to the Florida League and Councilman Tantleff take it to the Dade League. A motion was offered by Councilman Boggess and seconded by Councilman Tantleff to authorize the representatives to present to the Dade League of Cities and the Florida League of Cities that the Vill;ge of Bal Harbour is against the proposed renaming of the Florida Turnpike to the Ronald Reagan Turnpike and to maintain it as the Florida Turnpike. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch/ aye: Councilman Gorson aye: Councilman Tantleff aye Councilman Boggess aye. Assistant Mayor Hirsch) stated approximately three years ago there was a discussion regarding the density proliferation in the single family district. Some language was written at that time, but nothing happened. What has happened since then is a further proliferation to a point where the Civic Association is looking to have this issue re -visited. The Building Code is antiquated in certain aspects. He discussed this with the Building Official, Dan Nieda, who made a presentation at the Civic Association meeting last Saturday. The Association is troubled that there are 15 or more houses currently on the drawing board of fairly large proportion and there is some vagueness in the Code that allows interpretation to be utilized. He would like the Council to allow Mr. Treppeda to explore this issue again and talk to Village Engineer Mike Miller (Craig A. Smith & Associates) and Mr. Nieda in developing the proper language to help address this area. Assistant Mayor Hirschl stated when it was brought to the Council previously, the majority denied it because two homeowners came to the meeting and confused several Council members regarding the issues of setback. Councilman Boggess would like to be provided with the minutes of the meeting where it was discussed. He wants to know who the homeowners were, what the conversation was at that time, and what the objections were to see if this can be done. Mr. Treppeda stated Councilman Boggess would be provided with the minutes. Assistant Mayor Hirsch) stated one topic that has come to light from various parts of the community is the concept of a Bal Harbour Village park. He has discussed with Mr. Treppeda and Dina Cellini, Civic Association Vice -President, the concept of a Village park open to Bal Harbour residents only and on Bal Harbour Village property. It would be built, operated, and maintained by the Village, on a site with a very fair secure location that could be observed by the Police Department. There could also possibly be an attendant during the hours of operation. It was discussed that the water tower is dormant. Mr. Treppeda has provided that it costs approximately $20,000 - $40,000 a year to maintain the water tower. The pumping system could be modified to allow for the Village to directly pump through other pressure enhancers. It's a great site for a Bal Harbour Park. Mayor Spiegel stated removing the water tower has been discussed in the past. Mr. Treppeda stated it would be approximately $337,000 to remove the water tower, which would be out of the water budget. Assistant Mayor Hirsch) would like the Council to direct Mr. Treppeda to start exploring the concept. It was the consensus of the Council that Mr. Treppeda look into it. Mr. Treppeda stated he will start looking into it and speak with Mr. O'Leary, who is doing parks for other cities. VILLAGE ATTORNEY: Mr. Weiss stated they faxed a re -draft of the Noise Regular Council Meeting 6/16/98 5 Ordinance to Stanley Dunn and are waiting for his comments back. If Mr. Dunn approves it, it will be on the next Council agenda reflecting the changes that he has suggested. Mr. Weiss explained his office has been working with Mr. Treppeda on the sewer issue and they have written a letter to the parties involved. They are trying to set up a meeting early next week with all parties involved to see if this issue can be worked out. Mr. Weiss reported the Oral Argument was held on the Bal Harbour Club Zoning Case. Stephen Helfman argued the case for the Village. The Attorney for the Homeowners also argued the Case. They are waiting for a decision; however, it doesn't stop there because this is the first level of appeal (three judges of the Circuit Court). After this, the case will go to the Third District Court of Appeals. A decision is expected within 90 days. C. VILLAGE MANAGER: Approval for Replacement of Date Palm: Mr. Treppeda explained this tree went out of warranty in February, so it had been out of warranty for some time before it died. Mr. O'Leary went out to bid for the Village and Vila & Son was the lowest bid at $4,900. He would like to replace this palm as well as four other ones that are still under warranty. Assistant Mayor Hirschl doesn't understand why this tree has to be replaced when Mr. O'Leary has reported continuously that the sick trees were tagged, were under warranty, and everything was under control. Mr. Treppeda reported Mr. O'Leary is keeping a good track of which trees remain under warranty. He has had them tested and determined that there is no disease showing up. Assistant Mayor Hirsch) agrees with Councilman Tantleffs request that a schedule should be done showing every tree, where they are, where they're going, and what's happening. He requested Mr. Treppeda provide each Council member with a schedule. Councilman Tantleff recommended holding off on this tree and discussing with Mr. O'Leary what's going on. Mayor Spiegel stated it's more costly to hold back on one tree when there are four others coming in. Assistant Mayor Hirsch) would like to have Mr. O'Leary at the next Council meeting. A motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Boggess to authorize Vila & Son. the low bidder. to replace one Medjool Date Palm for $4.900 from Resort Tax funds. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch) aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Mr. Treppeda reported that is budgeted under Resort Tax and the Village has a reserve that is added to each year for the possibility of additional trees dying in the future. Request for Qualifications for Auditing Firms: Mr. Treppeda explained the Village has used Arthur Andersen LLP since about 1979. The Finance Director, Jeanette Horton, and he both feel that it's time to go out and see what's on the market as far as auditing firms. There are a number of firms that specialize specifically in government auditing. The audit is still going on from last year and they are running into problems with Arthur Andersen. They feel it would be prudent to go out at this time for Regular Council Meeting 6/16/98 6 240 qualifications. Mr. Treppeda explained when the Village goes out under that Act, it can't go by price. First qualifications are reviewed and when a firm is picked, a price can be negotiated. Councilman Boggess stated it should be put in the contract that a partner of the firm has to supervise the job and the supervision should be constant. A motion was offered by Councilman Tantleff and seconded by Councilman Boggess to advertise a Request for Qualifications. in accordance with the Consultant's Competitive Negotiations Act for accounting firms to provide annual auditing services. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch) aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Car Wash Services Provided by Village Employee's Corporation: Mr. Treppeda explained Alonzo Clark, who is a Public Works Employee with the Village, has a corporation and his wife and other employees run the car wash. They have been washing Village cars on site and doing a good job. Since Mr. Clark works for the Village, a 3A Bid Disclosure form was filed with the Dade County Elections Department that Mr. Weiss' office handled. The Village did go out to bid and nobody replied except for Mr. Clark. The Village would like to continue his services. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to award the car wash service bid. pursuant to sealed competitive bid. to the lowest and best bidder. namely. Family Car Care. Inc.. as authorized by Section 112.313112)fb). Florida Statutes. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. Recommendation of Resort Tax Committee - Approval of Reimbursement to Sal Harbour Shops for FAM Luncheon: Mr. Treppeda explained that Enid Rosenthal, Bal Harbour Shops, and Alice Fisher, Public Relations, held a FAM for Executive Secretaries from Brazil at Carpaccio on June 16`". The Resort Tax Committee has recommended reimbursement in the amount of $873.00 from Resort Tax funds. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to reimburse the Bal Harbour Shops $873.00 for the cost of lunch for the Brazilian Executive Secretary FAM tour of Bal Harbour. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye. 11. Other Business: David Fine, Sheraton Bal Harbour Beach Resort, addressed the Council. Mr. Fine explained the Sheraton has been approached by the N.F.L. Properties to submit a bid for hosting one of their corporate events. The event would be Saturday night, January 29, 1999, which is the Saturday night preceding the Super Bowl, and is the most significant event that is hosted that week. The Sheraton will be providing a block of rooms to them as part of the commitment to the N.F.L. The Sheraton would like to host the party at their Regular Council Meeting 6/16/98 7 241 pool deck and it would involve 1,800 to 2,000 people. The party would officially start at 7:00 p.m. that evening and go until 12:30 a.m. It will involve significant staging and a band of quality. The N.F.L. Properties are the corporate representation of the N.F.L. Mr. Fine requested a variance to have entertainment until 12:30 a.m. and to utilize the beach road area because they would require some tenting for that number of people. They would also require some assistance in terms of securing the beach road. Councilman Boggess questioned how long the road would be closed off. Mr. Fine responded probably just that evening and they may need some assistance having some emergency vehicles on standby. Their goal is to keep that road as clear as possible. Assistant Mayor Hirsch) is concerned about the volume of people spilling onto other properties and is interested in the sensitivity when it comes to volume for Village residents. Mr. Treppeda suggested that the Sheraton hire some off -duty police officers for the event. Mr. Fine stated they would. The Council directed Mr. Fine to work with the Village Manager, since under the Village Code permission to have the event go until 12:30 a.m. has to be granted by the Village Manager. Nancy Silverman, resident of the Tiffany Condominium (10175 Collins Avenue), addressed the Council. Ms. Silverman stated there are two other Board members from the Tiffany Condominium at the meeting also. She stated the Tiffany Condominium Board wanted to thank the Council members for their efforts to restore the beach. Their Board would like to know what additional plans the Village has to continue restoring the beach and what type of informational gathering they will be doing as a Council to reflect the residents' feelings on how they proceed. Mayor Spiegel stated the Council is working on a project to landscape behind each of the ocean front buildings and to restore certain sections of the jogging path. Assistant Mayor Hirschl stated the Council is in the process of several workshop meetings and they are working on the concept of a Beach Master Plan. No budgets have been ascertained and no formal plan has been approved. Mr. Treppeda reported he spoke to Mr. Gill (Bradshaw, Gill & Associates) and he has his renderings ready and will have cost estimates in a few more days. So, the Council can call a workshop meeting whenever they're ready. Assistant Mayor Hirsch) requested that the Tiffany Condominium Board be put on the mailing list for the agenda for the next meeting. Mrs. Horton stated the agendas for the meetings are always sent to the general managers of all the properties. Ms. Silverman stated the Tiffany is having a lot of difficulty with the trees and the sap falling on their sidewalks. Mr. Treppeda responded the Village's crews do cut the trees, but if they're having serious problems, Ms. Silverman should call him and he'll make sure they go to the Tiffany property ahead of schedule. Councilman Boggess stated they also clean the sidewalks with a water pressure gun on a regular basis. Nat Gerbage, resident of the Tiffany Condominium, addressed the Council. Mr. Gerbage stated there is dirt and filth around the garbage pails that is not being picked up. Additionally, the bus stop in front of the Sheraton is filthy with papers and cigarette butts. Mayor Spiegel suggested that any time he sees a problem, Mr. Gerbage should contact the Village Manager, or his Administrative Assistant, to have Public Works sent over. Charles Brown, resident of 268 Bal Bay Drive, addressed the Council. Mr. Brown has some concern with July 4u' coming up because Memorial Day was a nightmare. Assistant Mayor Hirschl stated there will be thirteen officers working on the 4th of July. Regular Council Meeting 6/16/98 8 242 Roberto Beltran, Architect, Middlebrooks & Associates, addressed the Council. Mr. Beltran reported that he contacted other owners who contracted Carivon Construction to see how his performance was for them. He found out that there is another owner in Miami that has a conflict with Carivon Construction. That situation is taking up Mr. Hernandez's time with lawyers and meetings, so that's why he was not able to attend the last Council meeting. Mr. Beltran suggested not discussing liquidated damages with the Contractor at this time, but instead to allow him to finish the job as quickly as possible. Mr. Treppeda responded that there has been some progress. Mr. Weiss advised the Council that they need to rely on the Architect as to whether its time to get rid of the Contractor and call someone else that's going to charge more money to finish the job, or to work with Carivon Construction. Mr. Beltran stated they can always go after liquidated damages later, but Carivon is so close to finishing it doesn't make sense to stop the job. Mr. Beltran will meet with Mr. Treppeda and send one more letter to Carivon Construction. Councilman Boggess suggested Mr. Beltran and Mr. Treppeda take Mr. Hernandez, Carivon Construction, to lunch and discuss this issue with him. Mr. Treppeda responded they would do that. Mr. Treppeda questioned Mr. Beltran if he would be interested in serving on the Architectural Review Board. Mr. Beltran responded yes. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to select Roberto Beltran to be the 5th member of the Architectural Review Board. The motion carried with the vote as follows; Mayor Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Gorson aye: Councilman Tantleff aye: Councilman Boggess aye Mr. Treppeda stated there is $5,000 in the budget for a new air conditioner in the Council Chambers to enhance what is already there. A motion was offered by Councilman Tantleff and seconded by Councilman Boggess to approve up to $5.000 for a new air conditioner for the Council Chambers. The motion carried with the vote as follows: Mayor Spi -gel aye: Assistant Mayor Hirschl aye: Councilman Gorson aye; Councilman Tantleff aye: Councilman Boggess aye. 12. Adjourn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to adjourn. The motion carried unanimously (5-0). and the meeting adjourned at 4:15 p.m. Mayor Estelle S(Siegel Attest: anette Horton, CMC/AAE Village Clerk /elw Regular Council Meeting 6/16/98 9