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HomeMy Public PortalAbout1998-07-21 Regular Meeting1 COUNCIL MINUTES REGULAR MEETING - JULY 21. 1998 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 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: Mayor Estelle Spiegel Assistant Mayor Andrew R. Hirschl Councilman James Boggess Councilman Peg E. Gorson Councilman Daniel Tantleff Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk David Wolpin, 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 James Boggess. 3. Approval Of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve the minutes of the May 21, 1998, Special 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 June 16, 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 Assistant Mayor Hirschl to approve the minutes of the June 26, 1998, Workshop Meeting, as submitted. The motion carried unanimously (5-0). and the minutes were approved as submitted 4. Presentations: Officer of the Month - Paul Eppler: Chief Larry Freeman announced that Officer Paul Eppler was selected as Officer of the Month for June 1998 by the Department's Award Committee. Chief Freeman highlighted the following events in June in which Officer Eppler showed exemplary attention to duty: the arrest of a driver in a stolen vehicle with a stolen tag and in possession of narcotics, two traffic stops resulting in additional narcotics seizures, stopped and removed vehicles with Seizure Orders from the State of Florida, issued over 100 traffic violations during the month thereby inhibiting the safe movement of both vehicular and pedestrian traffic in Bal Harbour. Chief Freeman presented Officer Eppler with the Officer of the Month plaque for June. Mayor Spiegel presented Officer Eppler with a check on behalf of the Council. Councilman Boggess announced that Lieutenant Smith and Village Manager Alfred Treppeda just received their Bachelor Degrees from Barry University. Regular Council Meeting 7/21/98 1 2 5. Public Hearings: None. 6. Ordinances Second Reading/Public Hearings: 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. Mayor Spiegel opened the public hearing for comments. Mr. Treppeda stated at the last meeting Robert Beltran was appointed, but he is not registered and is currently working under the license of Middlebrooks & Associates. However, the Code does have a provision for an ex-officio member and asked the Council to consider that for Mr. Beltran. It would entail an addition to the language, which the Village Attorney could recommend. Mr. Wolpin stated the addition would be on page 3 of the ordinance, sub -paragraph (h). He would recommend immediately after the term Bal Harbour Beautification Committee inserting new language "or designee of the Council." That would enable the Council to appoint the person to serve in a non -voting ex-officio capacity. It was the consensus of the Committee to remove the language of the Beautification Committee. Mr. Wolpin stated the new language would read "Additionally, a designee of the Council may serve as an ex-officio nonvoting member of the Architectural Review Board." The ex-officio member could be removed at any time. Mayor Spiegel closed the public hearing. A motion was offered by Assislani Mayor Hirsch! artd seconded by Councilman Boggess to approve the ordinance with the correction on page 3. subsection (h). to read `Additionally. a designee of the Council may serve as an ex-ocio nonvoting member of the Architectural Review Board." The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch, aye: Councilman Boggess aye: Councilman Peg E. Gorson aye: Councilman Tantleff aye. Thus becoming: 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. 7. Ordinances First Reading: The ordinance was read, by title, by the Village Clerk, amending Section 11-26 "Definitions" and amending Section 11-29 "Violations of Article," of the Village Code pertaining to noise. Mayor Spiegel opened the public hearing for comments. Mr. Treppeda stated that Dr. Stanley Dunn, who assisted with revising the ordinance, is present. Dr. Dunn explained Regular Council Meeting 7/21/98 2 3 the ordinance. He stated the language was sharpened up to define some of the terms with special regards to how sound is measured with regard to accepted environmental noise practices. They used the LAQ, which is an average sound level, and also a maximum sound level. They also put some requirements for shielding sound abatement. It's an attempt to constrain the growth of noise to a reasonable extent and allow some increase in noise for construction activities. Raj Singh, Sea View Hotel, questioned where he could get a copy of the proposed changes to the Code. Mr. Treppeda will give Mr. Singh a copy. Dr. Dunn stated Mr. Singh should contact him if he has any questions. Councilman Boggess stated the ordinance was brought about because of the problems between the Balmoral and the Sea View Hotel. He questioned if the ordinance was enacted, if it would have alleviated or prevented the problems from arising. Dr. Dunn believes it will provide a reasonable cap on sound levels. Councilman Boggess questioned Mr. Treppeda if this is something that will allow the Village to prevent occurrences. Mr. Treppeda responded yes, because it's not as strict on construction noise. Mr. Treppeda clarified that item 4(d), concerning portable radios, encourages people to use the radios for communication on job sites. Councilman Boggess requested the Balmoral and the Sea View Hotel both receive copies of the ordinance. Assistant Mayor Hirschl thinks Dr. Dunn should attend the Second Reading. Mayor Spiegel closed the public hearing. A motion was offered by Councilman Boggess and se ide&i by Assistant Mayor Hirschl to enact this ordinance. The motion carried with the vote as follows: Mayor Spiegel aye• Assistant Mayor Hirschl aye: Councilman Boggess aye: Councilman Corson aye• Councilman Tantleff aye. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 11 "NUISANCES" AT ARTICLE II "NOISE" BY AMENDING SECTION 11-26 "DEFINITIONS" TO REVISE THE DEFINITION OF THE TERMS "SOUND LEVEL METER;" AMENDING SECTION 11-29 "VIOLATIONS OF ARTICLE" BY AMENDING SUBSECTION (A) "PROHIBITED ACTS GENERALLY" BY REVISING PARAGRAPH (3) CONCERNING NOISE RELATED TO CONSTRUCTION, DRILLING OR REPAIR WORK, AND REVISING SUBSECTION (B) "NOISES" EXCEEDING PERMITTED DECIBEL LEVEL CONCERNING MEASUREMENT OF SOUND LEVELS, AND CREATING SUBSECTION (C) "MITIGATION PRACTICES" TO REQUIRE MITIGATION OF NOISE FROM CERTAIN CONSTRUCTION, DRILLING OR REPAIR ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. 8. Resolutions: None. 9. Selection of Budget Hearing Dates: It was the consensus of the Council to have the First Budget Hearing Tuesday, September 8, 1998, at 5: 05 p.m., and Regular Council Meeting 7/21/98 3 4 the Second Budget Hearing Tuesday, September 15, 1998, at 5:05 p.m. Mr. Wolpin questioned if the Noise Ordinance will be done on September 15th with the Regular Council Meeting. Mayor Spiegel responded yes. 10. Reports and Recommendations: A. MAYOR AND COUNCIL: Mayor Spiegel thanked Assistant Mayor Hirschl, Mr. Nieda, and Mr. Treppeda for reviewing the items in the Village pertaining to massing of new homes in the Security District. Assistant Mayor Hirsch) stated that Mr. Miller (Craig A. Smith & Associates) with Mr. Nieda (Building Official) will formulate some new guidelines. Mr. Nieda reported at the last meeting they gave a package to Mr. Miller of the presentation that was done before the Civic Association, which had some ideas that were previously discussed pertaining to the issue of massing. The idea is to make the proportions of new houses more appropriate with the area available for the house. Mr. Nieda prepared a report with his recommendations and Mr. Miller will be the lead person at this time. Mr. Treppeda will keep the Council advised on this issue. Councilman Tantleff stated during the past year and a half on the Dade County League of Cities he has been getting very active and if there's anything the Council wants him to bring to the Dade League they should let him know. Mayor Spiegel stated she received a letter from the Mayor of Hialeah who would like to have meetings quarterly or semi-annually and has invited her to meet in Homestead. The Mayors did meet at Miami Shores and the Mayor of North Miami Beach suggested the Mayors split up in sections because what's going on in South Dade doesn't affect North Dade as much. Councilman Tantleff will bring that suggestion back to the League. B. VILLAGE ATTORNEY: Mr. Wolpin stated it was nice to work with Dr. Dunn on the Noise Ordinance. C. VILLAGE MANAGER: Recommendation for Appointment to Architectural Review Board: Mr. Treppeda reported that Maria de Leon-Fleites is unable to serve any longer on the Board and has recommended Hector Oliva, who has his Bachelor of Architecture from the University of Miami, is a Registered Architect with the State of Florida, and has practical and teaching experience. Current Board member Paul Buzinec has recommended Miguel Rodriguez, who has his Bachelor of Architecture from the University of Miami, is a Registered Architect with the State of Florida, is the Founding Principal of Rodriguez Architects, Inc. and has held other positions in the field of Architecture. Mr. Rodriguez currently serves as a member on the Coral Gables Board, which would be a conflict with serving on Bal Harbour's Board also. Mr. Wolpin stated there's a provision of the State Constitution that prohibits serving on two Boards that both have final authority. In Bal Harbour, the Board has final authority to issue a Certificate of Appropriateness and the Coral Gables Board has similar authority. Assistant Mayor Hirschl suggested waiting on the appointment until Mr. Treppeda finds out if Mr. Rodriguez is still on the Coral Gables Board or if he will resign from their Board to serve on Bal Harbour's Board. The Council agreed. Regular Council Meeting 7/21/98 4 Mr. Treppeda questioned if the Council wanted to appoint Roberto Beltran as ex-officio member to give him some experience that he needs. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to appoint Robert Beltran as the Ex-Officio Member of the Architectural Review Board. The motion carried with the vote as follows: Mayor Spiegel aye:_Assistant Mayor Hirschl aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye. Quarterly Financial Report: Mr. Treppeda stated the General Fund is currently expended at 78.81 %. That's because some of the things for the Storm Drain Project and ADA (Americans with Disabilities Act) come out of reserves later. It's also because of litigation that the Village has been involved in this year, which the Village usually isn't involved in. Assistant Mayor Hirsch) questioned if there was a breakdown of the litigation expenses thus far. Mr. Treppeda will provide a breakdown. Councilman Boggess suggested having Attorney Anthony Cleveland back -off for awhile. Mr. Treppeda will keep giving the Council Mr. Cleveland's written reports instead of having Mr. Cleveland give it in person. Assistant Mayor Hirsch) questioned Mr. Wolpin regarding the Feurring lawsuit, when the Council denies a variance request and the individual has the option to appeal it, if the Village has to pay for its portion of the appeal if the Village is victorious. Mr. Wolpin stated the Village has to pay its own attorney's fees. They could make a motion to tax costs, but it would be very limited because it was a case of briefs presented, not of evidence presented. So, the cost would be very limited. Mr. Wolpin wouldn't recommend it because it wouldn't be worth it. Selection of Auditing Firm' Mr. Treppeda explained the Village put out a Request for Proposals recently for a new company to perform the Village's annual audit. They received proposals from Rachlin, Cohen & Holtz and Keefe, McCullough & Co. A Rating Committee consisting of Mr. Treppeda, Mrs. Horton, and Dan Harring, the C.P.A. of the Village, looked at both companies. The Rating Committee felt that Rachlin, Cohen & Holtz was most qualified to service the Village. Both proposals were provided to the Council for review. Assistant Mayor Hirsch) informed the Council that he treats one of the Principals of that Company at his office and questioned the Village Attorney if he is allowed to vote on this. Mr. Wolpin stated it does not constitute a voting conflict and he is allowed to vote on the matter. Mr. Wolpin stated in review of the item, it should be noted that the basis of the award is really not the cost, but all the other factors, as numerated by Mr. Harring. The reason for that is the law is not clear in the area in the selection of auditors. Some believe a cost can't be discussed until a ranking is already made. In this case, the Village ranked Rachlin, Cohen & Holtz number one and then proceeded to discuss cost. Mr. Wolpin requested it be confirmed that their selection and award was made on the basis of the qualifications rather than the cost. A motion was offered by Councilman Tantleff and seconded by Councilman Boggess to approve Rachlin. Cohen & Holtz to perform the Village's annual audit. The motion carried with the vote as follows: Mayor Spiegel aye;. Assistant Mayor Hirschl aye: Councilman Boggess aye: Councilman Gorson aye• Councilman Tantleff aye. Approval of Engineering Firm for Security District Guard House Project: Mr. Treppeda explained the Civic Association is interested in possibly re -building the Guard House and they would like to start working on a project. The Village Regular Council Meeting 7/21/98 5 6 put out a Request for Proposals on their behalf and five different proposals were received from companies, which were given to the Council to review. The Civic Association had a meeting and they ranked Tawfik & Rosabal as number one after interviewing the companies. Since the project was going to cost under $15,000 for the study and design activity, the Competitive Negotiations Act guidelines did not have to be used. Mr. Treppeda agrees with the Civic Association's recommendation. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantle/f to approve Tawfik & Rosabal for the project. The motion carried with the vote as follows: Mayor Spiegel aye• Assistant Mayor Hirschl aye: Councilman Boggess ave: Councilman Gorson aye: Councilman Tantleff aye. David Levin, Bel Harbour Civic Association Treasurer, addressed the Council. Mr. Levin stated Tawfik & Rosabal is an Architectural & Design Firm. An Engineering Firm will be overseen by the Architects. Renewal of Maintenance Agreement with Florida Department of Transportation (FDOT): Mr. Treppeda reported that each year the Village renews the FDOT Maintenance Agreement. They provide the Village with $6,201 per year because the Village maintains the medians that are in their roadways, which is supposed to pay just for the cutting of grass. A motion was offered by Councilman Boggess and seconded by Councilman Corson to renew the Maintenance Agreement with Florida Department of Transportation (FDOT). The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Hirsch! aye: Councilman Boggess aye: Councilman Gorson aye: Councilman Tantleff aye. Recommendations of Resort Tax Committee: Mr Treppeda explained included in the Council packets are recommendations of the Resort Tax Committee that were made that morning. The list includes: 1) APPROVAL OF FAM LUNCHES a) Troika Magazine $ 102.19 b) Executive Secretaries from United Kingdom $ 143.89 c) Mexican Executive Secretaries $ 789.86 2) TRAVEL EXPENSES FOR TROIKA MAGAZINE FAM/PUBLISHER a) Sheraton Hotel Room - Two Nights $ 573.89 b) Airfare $ 1,129.00 3) LA FUNDACION FILM CREW TRAVEL EXPENSES $ 2,151.00 Airfare for crew to film footage of Bal Harbour for commercials to air in Argentina 4) DIRECTOR OF TOURISM EXPENDITURES $ 55,000.00 For FAMS, Receptions, and Sales Blitzes 5) MEMBERSHIP IN VISIT FLORIDA $ 500.00 For the Village to receive discounts on co-op advertising through the State Regular Council Meeting 7/21/98 6 7 The total cost to be approved is $60, 389.83, which is included in the Resort Tax Budget. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve $60.389.83. The motion carried with the vote as follows: Mayor Spiegel ayes Assistant Mayor Hirsch] aye; Councilman Boggess aye: Councilman Gorson aye• Councilman Tantleff aye. Change Order for Village Hall Renovation Project - Roberto Beltran: Mr. Treppeda stated that Mr. Beltran is not present and the change order is not ready, so it will be on the next meeting agenda. Update on Date Palm Warranties - William O'Leary: Mr. O'Leary distributed and reviewed the Date Palm Status Plan. Mr. O'Leary stated there are four palms that are under warranty that have not been replaced yet that will be replaced by Vila. There is one palm that was not under warranty that the Council already authorized monies for that has not been replaced yet. So, there will be a total of five palms that will be replaced. A very aggressive maintenance program has been entered into involving fertilization, insect control, fungicide, etc. based on consultations with experts. There were originally 28 palms under warranty that either needed to be replaced or were in questionable condition. Of those 28, there are 8 that have improved condition. The rest of the palms are still under warranty. He thinks the majority of the palms are in relatively good condition. There is one palm that is not under warranty that may need to be replaced. Mr. O'Leary would like to wait a couple of months to see if treatment will improve the condition. Councilman Tantleff questioned how it was allowed to let a sick palm get out of warranty to the point that the Village had to replace it. Mr. O'Leary replied it was not visibly sick at the time that he made his inspection. Mr. O'Leary gave a history on the species of the palm. The Laboratory Expert told him that the palms have not had an opportunity to dry out properly. He planted the last four palms about a foot high. Mr. O'Leary reported they are doing everything they can, but the Council should expect that from time to time the Village may have to replace some of the palms. Out of 172 palms, there are about 6-8 that are probably going to improve and 1-2 that will not. Assistant Mayor Hirsch) questioned if on the schematic every palm that is not noted with a date is out of warranty. Mr. O'Leary responded yes, out of warranty and is okay. Presentation of Design Options for Bus Shelters. Benches. Signage - William O'Leary: Mr. O'Leary stated the Council directed them to take a look at the street scape (bus shelters, trash receptacles, benches, and signage) on Collins Avenue. Mr. O'Leary discussed the signage traveling north on Collins Avenue at 96`h Street and traveling south on Collins Avenue at the bottom of the bridge. He displayed the proposed design for signage. They are proposing to build a wall slightly lower then the Majestic fountain wall and angling it and placing letters on it. He suggested using some type of granite with interior lit letters. On the SunTrust side, the sign can be removed that is there and something similar can be done there. The Resort Tax Committee suggested to only landscape on the SunTrust side with no signage. Mr. O'Leary explained they did six different designs for bus shelters and proceeded to review them. He reported the Resort Tax Committee wanted something clean and simple with the idea that the bus shelter would not be enclosed. Mr. O'Leary stated there are currently two bus shelters on 96'h Street and seven on Collins Avenue. It was discussed at the Resort Tax Committee Regular Council Meeting 7/21/98 7 to only replace four of those bus shelters. One at Saks (96th Street), one at the Bal Harbour Shops, one at the Sheraton, and one at the entrance to Harbour Way. At each bus shelter there will be a trash receptacle. He displayed the trash receptacles and benches that were chosen. Mr. O'Leary requested direction for the placement of the benches. Councilman Boggess feels there should be more than one bench at the Sheraton. Mr. Singh stated there's no protection from wind and rain on the bus shelter shown. Mr. O'Leary stated the seats will be slatted and the shelter will be some kind of metal. Mr. Kirsch, Carlton Terrace, questioned how effective the bus shelter would be to withstand a wind storm or hurricane. Mr. O'Leary stated it will have to meet the South Florida Building Code wind loading requirements. It was the consensus of the Council for Mr. O'Leary to obtain a price for bus shelter design #4. Mr. O'Leary stated they can illuminate with some light underneath the canopy. Mr. O'Leary will come back with a revised rendering and some unit price costs for the items by the next Council meeting. The bus shelters will probably take about four months for installation. The idea is to have the four bus shelters, trash receptacles, and that's it. Assistant Mayor Hirsch) suggested having one at the north end east side of Collins Avenue. Mr. O'Leary stated at this point the only seating is at the bus shelters. Assistant Mayor Hirsch) stated some benches may be added intermittently. Stanley Whitman, Bal Harbour Shops, stated it will take time to design, manufacture, and install the shelters and in the interim there are disgraceful shelters around the Village. He suggests taking the shelters out now except for the one at Saks (96`" Street), at the Sheraton, and at the Shops (Collins Avenue). Assistant Mayor Hirsch) suggested making them look cleaner during the summer rainy season. Mr. Whitman suggested taking the sides out. Mr. Wheldon stated they can take the glass panels out and open them up. Assistant Mayor Hirschl stated that will make them look cleaner. Councilman Boggess suggested removing them by the end of August. Mr. O'Leary stated the entrance sign on the Majestic side is private property and Jerry Oren has indicated his willingness to cooperate. He suggests showing the design to Mr. Oren and to also get an easement there. Councilman Boggess questioned what was being done with the sidewalk at the 96`" Street corner of the SunTrust Bank. It was the consensus of the Council to remove the sidewalk. Assistant Mayor Hirsch) asked Mr. O'Leary to analyze the problem and find out what the Village's options are. Mr. O'Leary will analyze it or talk to the Village Engineer. Councilman Boggess is concerned with safety at that corner and thinks a recommendation is needed from a traffic expert on it. Councilman Boggess requested Mr. Treppeda to look into it. Mr. O'Leary suggested he and Mr. Treppeda make an appointment with Mr. Oren to show him what the Village is doing. 11. Other Business: Mr. Treppeda stated his contract comes up in October and Mrs. Horton's comes up in January. He wanted to know what method the Council wanted to use to re -negotiate. Last time, Councilman Boggess negotiated with both of them and brought back ideas for the contracts to the Council. It was the consensus of the Regular Council Meeting 7/21/98 8 9 Council to appoint Councilman Boggess to negotiate the contracts and to come back with recommendations to the Council. The Council discussed the possibility of an August meeting. It was the consensus of the Council to have a Council meeting August 25, 1998, if one is needed. Murray Rosenthal (Ray Rosen), Chamber of Commerce and the Bay Harbor Development Association, stated last month several members of the Bal Harbour Council met at Bay Harbor's Town Hall to discuss the traffic problems along 969' Street. It was his understanding that they were to put the two traffic lights (Harding Avenue and Collins Avenue) in sync so the traffic flowing from west to east would move regularly. Presently the lights are not in sync and the traffic is backing up. Assistant Mayor Hirschl asked Mr. Treppeda to contact DOT (Department of Transportation) regarding it. Assistant Mayor Hirschl stated there was an article in the Tropical Tribune and Surfside is engaged in a very aggressive PR campaign to portray themselves as the municipality with no zoning issue and that Bal Harbour and other neighbors have ruined the quality of life in the communities because of what has been allowed in high rise development. Mr. Treppeda is to provide the Council members with copies of the article written by the Mayor of Surfside. Assistant Mayor Hirsch) feels the Village needs to respond. Mayor Spiegel stated Mr. Whitman suggested having a Village Attorney respond. Assistant Mayor Hirsch) stated looking at the numbers, Surfside allows a greater density than Bal Harbour does. Bal Harbour needs to respond in some way so the public knows. Mayor Spiegel stated the Village needs to respond vigorously. Assistant Mayor Hirsch) stated the Village must come out with a policy statement regarding what the Village has and how the Village is low density compared to other areas. Mayor Spiegel will contact Elaine Bloom regarding the continuous traffic problem. 12. Adjourn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Hirsch) and seconded by Councilman Boggess to adjourn. The motion carried unanimously (5-0). and the meeting adjourned at 4:40 p.m. - Mayor Estelle Sp gel Attest: anette Horton, CMC/AAE Village Clerk /elw Regular Council Meeting 7/21/98 9