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HomeMy Public PortalAbout1999-03-16 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - MARCH 16, 1999 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, March 16, 1999, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:03 p.m. by Mayor Spiegel. Those present were: Councilman Peg E. Gorson Assistant Mayor Andrew Hirsch' Mayor Estelle Spiegel Councilman Daniel Tantleff Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman James Boggess As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Spiegel. 3. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve the minutes of the December 28, 1998, Special Council meeting, as submitted. The motion carried unanimously (4-0), with Councilman Boggess absent, and the minutes were approved as submitted. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve the minutes of the February 16, 1999, Regular Council meeting, as submitted. The motion carried unanimously (4-0), with Councilman Boggess absent, 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 February 18, 1999, Special Council meeting, as submitted. The motion carried unanimously (4-0), with Councilman Boggess absent, and the minutes were approved as submitted. 4. Presentations: Officer of the Month: None Officer of the Year — Officer Ralph Cubela: Chief Freeman announced that Officer Ralph Cubela was selected from a Committee of his peers as Officer of the Year for 1998 for his numerous commendations, outstanding job performance, representation on the Miami -Dade County Impaired Driver Task Force, and community Regular Council Meeting 03/16/99 1 involvement. Chief Freeman presented Officer Cubela with a plaque in recognition of his outstanding contributions to the Bal Harbour Police Department. Chief Freeman presented a certificate from the Sea View Hotel, Mayor Spiegel presented a bond on behalf of the Village, A. Anthony Noboa presented a bond on behalf of the SunTrust Bank, and Frank Becker presented a restaurant certificate on behalf of the Sheraton Bal Harbour. S. Ordinances Second Reading/Public Hearing: None 6. Ordinances First Reading/Public Hearing: An ordinance was read, by title, by the Village Clerk, amending various provisions of the Bal Harbour Village Code relating to height, setbacks, signage, landscaping, and other appearance related standards. Mayor Spiegel opened the public hearing. Michael Miller, Village Planner — Craig A. Smith & Associates, explained they have addressed all the issues discussed and have worked with the Village Attorneys' office. Additional issues were the height of the grass for code enforcement and covering dumpsters to prevent debris from flyng. Mr. Weiss stated they have put what was discussed at the workshop meetings into proper form. Charles Brown, Resident — 268 Bal Bay Drive, stated the setback and coverage requirements are fine if the lot is square, but his lot is 67 feet in the front and 110 feet in the back. Mr. Brown requested an explanation on how a house would look built on his lot under the new requirements. Mr. Brown thinks the statements void the opportunity for architectural creativity and adds more costs to building. Assistant Mayor Hirsch) stated that it will not, but Mr. Nieda and Mr. Miller can address that. Mr. Brown stated this came up when he was President of the Civic Association and there were a lot of people that were against it. Assistant Mayor Hirsch) clarified there were only two citizens against it. Mr. Brown doesn't understand what's wrong with the current buildings and why a straight wall is no longer acceptable in an architectural design. Mr. Brown feels the changes add a lot to building costs and restrict people from building what they want to build. Mr. Brown is against changing what can be built on the actual lot because the lots are different sizes. Mr. Brown expressed his disapproval of a lot of the provisions and thinks some are not well thought out and the actual structure itself should be looked at. Mr. Miller stated there have been several public meetings over 2 1/2 years with the opportunity to ask questions. The changes have gone through several professionals including the Architectural Review Board, the Building Official, and himself. Mr. Miller would be happy to sit down with Mr. Brown to show him what the changes mean to his lot. Dan Nieda, Village Building Official, stated some of the changes were brought about as a reaction to the federal criteria that the Village has to abide by for new construction. That has to do with elevating a house to the flood plain, which pushes it about 3-4 feet off the ground. The concern was that the houses were getting too massive for the size of lots. Part of what the changes attempt to address is to reduce the massing of the houses. The basic concept is that the house needs to step back as it gets taller. Houses in the R-2 lots can be around 7,000 square feet with two stories. On the R-1 lots, the setbacks are not Regular Council Meeting 03/16/99 2 affected at all. Mr. Brown thinks it's very restrictive, adds a lot of costs, and will create a lot of requests for variances. Assistant Mayor Hirsch) stated it's protective not restrictive and diminishes the massing of the houses. Jacquelyn Beatty, Resident — 218 Park Drive, is upset about the mailboxes. Ms. Beatty stated they're on city property, they're out front, and some of them look like billboards. Assistant Mayor Hirschl advised this issue has been addressed. Mayor Spiegel closed the public hearing. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve the ordinance amending various provisions of the Bal Harbour Village Code relating to height, setbacks, signage, landscaping, and other appearance related standards. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel ave; Councilman Tantleff ave. Thus becoming: ORDINANCE NO. 438 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING VARIOUS PROVISIONS OF CHAPTERS 5.5, "APPEARANCE CODE," 6, "BUILDINGS AND BUILDING REGULATIONS," 11, "NUISANCES,' 15, "SIGNS," AND 21, "ZONING," OF THE BAL HARBOUR VILLAGE CODE RELATING TO HEIGHT, SETBACKS, SIGNAGE, LANDSCAPING, AND OTHER APPEARANCE RELATED STANDARDS FOR PROPERTIES WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE HATE. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to have the second reading of this ordinance at the regular Council meeting on April 20, 1999, at 3:00 p.m. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. 7. Ordinance First Reading: An ordinance was read by title, by the Village Clerk, amending Section 21-53 of the Bal Harbour Village Code to change the standard that must be met for granting variances to the "unnecessary hardship standard." Mr. Weiss explained that in Florida there are two standards that cities follow with respect to the granting of variances. There is a compatibility standard, which is what the Village and Dade County use. There's also a more difficult traditional standard called an unnecessary zoning hardship standard. The concept of compatibility is that if it looks and feels right, and the majority of the Council votes for it, then that's the kind of standard. It's much easier to get a variance. The zoning hardship standard is difficult and legally defined. It deals with unusually shaped lots, etc. However, it can't be self-created and can't be economic. This ordinance takes the Village to a more difficult standard. Mr. Weiss read "the basic intent is that the literal and strict enforcement of the applicable provisions of the zoning regulations or other provisions of the Code of Bal Harbour Village, would result in undue or unnecessary hardship to the applicant." Hardship in an unusually shaped lot, etc. not things such as: it ruins the facade of the house, it doesn't look as nice, the neighbors don't like it, etc. It also totally prohibits variances based upon the use Regular Council Meeting 03/16/99 3 4 variance and on density. Mayor Spiegel opened the public hearing. Stanley Whitman, Developer of Bal Harbour Shops, stated under this ordinance he'll never build another thing because the Shops is at the density allowed. In order to build anymore, he would need a variance and this ordinance would make it very difficult. Mr. Whitman requested that the Business District be exempt from this ordinance. Mr. Weiss advised the Council can exempt the Business District understanding that the Village's Business District is very compact and confined. Cheryl Goldberg, Resident — 10185 Collins Avenue, is concerned about the density of the Shops and questioned what the maximum density is. Mr. Weiss responded .7 FAR. Assistant Mayor Hirsch) responded the Shops is at their limit. Mr. Weiss stated under either proposal, in order to get increased density, there would need to be a request for a variance and a public hearing. At that time, the Council would review what the Shops wanted to do and the public would have a chance to comment. Marjorie Schell, Resident — 9801 Collins Avenue, thinks some leniency should be shown under the circumstances for people who buy houses, in addition to the Business District. Mayor Spiegel closed the public hearing. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve the ordinance amending Section 21-53 of the Bal Harbour Village Code to change the standard that must be met for granting variances to the "unnecessary hardship standard" and exempting the Business Districts. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. Thus becoming: ORDINANCE NO. 439 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 21-53, "SAME GRANTING GENERALLY; AUTHORITY OF COUNCIL," DIVISION 2, "AMENDMENTS; ZONING CHANGES; VARIANCES, OF ARTICLE II, "ADMINISTRATION," OF CHAPTER 21, "ZONING," OF THE VILLAGE CODE TO CHANGE THE STANDARD THAT MUST BE MET FOR GRANTING VARIANCES FROM THE "PRACTICAL DIFFICULTY STANDARD" TO THE "UNNECESSARY HARDSHIP STANDARD," PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. 8. Resolutions: A resolution was read by title, by the Village Clerk, determining to make improvements to the Security District guardhouse and entrance feature, and providing for special assessments. Mr. Weiss explained this resolution implements the mechanism for the special assessments for the existing guardhouse to be demolished, describes the project, and the work to be done in accordance with engineer plans. The costs are going to be paid by the Regular Council Meeting 03/16/99 4 Emergency Purchase — Sewer Pump: Mr. Treppeda explained one of the Village's three sewer pumps failed recently which is located at Founder's Circle. A motion was offered by Assistant Mavor Hirschl and seconded by Councilman Gorson to approve $10,377.00 for the emergency purchase of a sewer pump. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel ave; Councilman Tantleff aye. Approval of Purchase of Truck for Public Works Department: Mr. Treppeda explained the Public Works Department has a nine-year old truck that is no longer useful. There is a state bid price of $20,962.00 to get a four-wheel drive truck to replace it. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve $20,962.00 to purchase a new four-wheel drive truck from the state bid. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mavor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff ave. Approval to Install Ground Rods and Fuses for Electric Signs: Mr. Treppeda explained following the electrocution of a child at a bus shelter in Dade County, the electrical signage at each building was looked at. It was determined that it would be safer and better to ground and fuse all of these signs. Three prices were received. Although Tri-City Electric Co., Inc. was not the lowest bidder, they were only $31.00 higher and Mr. Wheldon is very happy with them. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve $3,451.00 for Tri-City Electric Co., Inc. to ground and fuse the electric signs throughout the Village. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mavor Hirschl ave; Mayor Spiegel aye; Councilman Tantleff aye. Resort Tax Committee Recommendations: Mr. Treppeda explained at the regular meeting today, the Resort Tax Committee recommended approval of the following items: 1. Approve $20,000.00 for hosting delegates of the POW WOW Trade Show in Miami. They will have champagne and tidbits at Tiffany and a lunch at the Sheraton Bal Harbour with informal modeling. They are people who are from all over the Country who book travel business. A motion was offered by Councilman Tantleff and seconded by Assistant Mavor Hirschl to approve $20,000.00 of resort tax funds to host POW WOW delegates. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. 2. Approve $525.59 for FAM trip meals at Carpaccio and al Carbon. Assistant Mayor Hirschl explained that when the FAM trips come in, there is an organized plan where Enid Rosenthal, Bal Harbour Shops, and/or Mayor Spiegel are there. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve $525.59 of resort tax funds for FAM trip meals. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff ave. 10. Other Business: Regular Council Meeting 03/16/99 9 !Sr) special assessment against the properties within the Residential District. It gives the legal descriptions and sets forth the assessment method, which patterns what has been used in the past, and provides how it's paid over a three-year period. The total cost of the project is estimated to be $300,000. Mr. Weiss believes this is in accordance with the wishes of the people in the Security District as a funding mechanism. Howard Berlin, Resident — 67 Bal Bay Drive, stated on behalf of the Civic Association they would recommend in favor of the resolution. Mr. Berlin stated the Village is using its resources to advance the dollars to fund this project and doesn't think it's fair that people who don't pay the assessment are only assessed 5% interest. Mr. Berlin recommended that if any of the installments are failed to be paid in time, such as 30 days grace period, that every installment that isn't paid timely should incur interest at the highest legal rate. That way, the Village is assured of getting its money back and, in the event that people fail to pay, the Village will be compensated for the failure to pay timely. Assistant Mayor Hirsch) questioned if the $300,000 estimate for the project is accurate and will not require additional visits to the Council to get more money from the residents. Mr. Berlin stated the project is now going out to bid, so he cannot project what the bids are going to say. Based upon what the architects have said, it should cover the costs. However, there is a landscaping issue that the Association has started to consider. There has been some discussion of extending the new landscaping along Harbour Way towards the marina. If that project is undertaken, it will exceed the $300,000. Mr. Berlin stated the two projects could be separated. Mr. Weiss stated this is the estimate for the project. There will be a time when the Council acts as the Equalization Board and can make an adjustment in this. Mr. Berlin requested that the mechanism be approved. The amount doesn't have to be approved now because it won't be assessed until the project is complete, which will take at least 6 months. Mr. Weiss stated under the Village's ordinance, the resolution needs to include a number and an assessment method. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve the resolution determining to make improvements to the Security District guardhouse and entrance feature, and providing for special assessments, with the amendment of paragraph f to read "any unpaid balance remaining after 30 days from the date of final assessment shall bear interest at the highest legal rate permitted by law." The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. Thus becoming: RESOLUTION NO. 590 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, DETERMINING TO MAKE GUARDHOUSE AND ENTRANCE FEATURE IMPROVEMENTS WITHIN THE BAL HARBOUR SECURITY PROGRAM SPECIAL ASSESSMENT AREA ADOPTED PURSUANT RESOLUTION 464 OF BAL HARBOUR VILLAGE; PROVIDING FOR SPECIAL ASSESSMENTS; DESCRIBING NATURE OF IMPROVEMENTS AND BENEFITS; DESCRIBING LANDS SUBJECT TO SPECIAL ASSESSMENT; PROVIDING ESTIMATED COST OF IMPROVEMENT; PROVDING FOR AN EFFECTIVE DATE. A resolution was read by title, by the Village Clerk, requesting the State Legislature to enact new laws regulating pawnbrokers. Regular Council Meeting 03/16/99 5 S6 Mr. Treppeda explained this resolution was requested by Palm Beach County and tightens up language in Florida State Statute 539, which deals with pawnbrokers. A motion was offered by Councilman Tantleff and seconded by Councilman Gorson to approve the resolution requesting the State Legislature to enact new laws regulating pawnbrokers. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. Thus becoming: RESOLUTION NO. 591 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR, FLORIDA, IN SUPPORT OF A REQUEST FOR THE STATE LEGISLATURE TO ENACT NEW LAWS REGULATING PAWNBROKERS. 9. Reports and Recommendations: A. MAYOR AND COUNCIL: None B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Traffic Study Update — Ken Vorce: Mr. Treppeda explained Ken Vorce presented the Village with the results of his traffic study at the last Council meeting. It was explained then that he was also doing a study for Bay Harbor and the Council requested Mr. Vorce report back once the findings for Bay Harbor were available. Ken Vorce, Vanasse Hangen Brustlin, Inc. (VHB), stated they recently completed a focused study on the arterial of 96th Street and the intersection operations at 96th Street and Harding Avenue. Mr. Vorce distributed the Arterial Operations Evaluations (Eastbound N.E. 96th Street between Harding Avenue and Indian Creek Channel Bridge) that VHB prepared for Bay Harbor Islands. He explained that their scope with Bay Harbor Islands entailed reviewing the two traffic evaluation studies previously performed by the Florida Department of Transportation (FDOT) to compare FDOT's findings versus what they did for the Village and Bay Harbor Islands. They spent two hours in the a.m. peak and two hours in the p.m. peak of a routine weekday. During that time, they had professional traffic engineering staff assessing the movement of traffic. Mr. Vorce reported that VHB found that the 4-6 p.m. condition is worse than the 7-9 a.m. condition. During 8:00-8:30 a.m. there were delays in both lanes extending past Byron Avenue. There were some periodic delays in the right turn lane at 96th Street & Harding. The method used to measure congestion and delay showed levels were acceptable. However, during the two p.m. hours, there were routine delays in both lanes in the east bound direction that extended between Abbot and Byron Avenue. Between 4:45pm and 5:45pm there was significant routine congestion and delays that extended past Byron and occasionally up and across the bridge at Bal Bay Drive. As a general rule, the motorists in the east bound direction seemed to follow the sign direction and proper lane assignments. The second right turn movement, that comes from the lane that goes east bound 96th Street to Al A, is probably not used to its maximum effectiveness. Motorists Regular Council Meeting 03/16/99 6 have to figure out they can tum right from that lane. The pedestrian impasses are normal overall. There is some random crossing from the bus stop west of Abbot Avenue. When they did the study before at Bal Harbour, they did notice that some of the pedestrians at Harding & 96th Street crossed the intersection without activating the pedestrian signals. That affects the movement of turning traffic. Mr. Vorce stated that Bay Harbor Islands asked that the traffic exiting Abbot Avenue be assessed. VHB found that the traffic does not have a major impact on 96th Street operations. However, they did observe occasional traffic violations with either left turns from Abbot Avenue onto 96th Street, or left turns from 96th Street onto Abbot Avenue. It appears that in the p.m. peak, people routinely use Byron Avenue as a bypass to the intersections at 96th Street & Collins, and 96th Street & Harding. VHB found that the green time allocated to the east bound movement in the a.m. and p.m. is significantly different. The a.m. and p.m. both run on the same cycle, but the green time allocated in the a.m. is about 15 seconds more than what it is in the p.m. It appears that FDOT may need to re- visit enhancing the timings especially in the p.m. peak period. Mr. Vorce reported that VHB found there were some differences in the analysis results and data collection compared to the studies done by FDOT. Most of the differences were geared around the p.m. condition. Primarily, the queue data in one of the studies in the p.m. period was significantly less than what VHB had found. Mr. Vorce recommended a community workshop with Bay Harbor and Bal Harbour. VHB also recommended rethinking the traffic regulations and traffic flow patterns on the two Surfside arterials discussed. Mayor Spiegel requested Mr. Treppeda set up a meeting between the communities to resolve this. Mr. Treppeda reported that the Bay Harbor Island Council requested there be a joint workshop meeting. Mr. Treppeda will try to set a date in April. Recommendation to Enter Into Ongoing Contract for Landscape Architect Services by Keith & Schnars: Mr. Treppeda explained an ad was placed Requesting Qualifications for Landscape Architect Firms. Keith & Schnars was the only company to submit their qualifications. Keith & Schnars did a presentation for a rating panel consisting of Mr. Treppeda, Ms. Horton, and Bob Wheldon. Mr. Treppeda reported the panel was impressed by their presentation, they have done extensive government work and the references checked were happy with their work. The panel recommends that the Village enter into a continuing contract with Keith & Schnars for ongoing landscape architect services. The Village also has an ongoing contract with Bill O'Leary that will continue. Mr. Whitman stated that when the request for qualifications was advertised, Taft Bradshaw was out of town, so he was unable to bid. Mr. Whitman requested that this be re -bid to allow Mr. Bradshaw to submit because he's working on a conceptual design for the Village. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve the recommendation of the rating panel and enter into a continuing contract with Keith & Schnars for landscape architect services. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. H`7 Regular Council Meeting 03/16/99 7 The Village Manager was directed to re -advertise for qualifications for landscape architect firms and to contact Taft Bradshaw to advise that there will be another advertisement. Bruce Reed, Keith & Schnars, stated they are a large design firm, have engineering jobs, and also have a mid -sized landscape architecture firm. They do projects throughout the State and service municipalities, so they understand the process involved. Todd Moore, Landscape Architect — Keith & Schnars, addressed the Council. Approval of Architectural Services for Council Chamber and Conference Room — C.A.P. Engineering: Mr. Treppeda explained he has been working with Councilman Gorson on some renovations to the Council Chamber and Conference Room. They met with four architects and they selected the design from C.A.P. Juan Crespi, Architects International, Inc., explained he is working as a sub to C.A.P. Engineering. Their proposal consisted of a complete remodeling of the Chambers and the Conference Room. The main feature is a raised coiffure ceiling in the center. Presently there is a double ceiling: one is a fire rated ceiling and one is an acoustical. They are proposing to take it all down and create an appearance of a skylight. The project will also entail new air conditioning diffusers, speakers, wall covering, carpeting, and furniture coordination. Mr. Treppeda explained the fee also includes bid assistance as well as managing the project. A motion was offered by Councilman Gorson and seconded by Assistant Mayor Hirschl to approve $15,000.00 for C.A.P. Engineering's architectural services for the renovation of the Council Chamber and Conference Room. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. Expenditure of Federal Forfeiture Funds: Mr. Treppeda explained Chief Freeman received a check for $19,000.00 from the Department of Justice, which was proceeds from money seized in a drug deal. Chief Freeman is requesting to spend $1,500.00 to purchase special equipment needed for the Jet Ski and the All Terrain Vehicle. $5,809.50 would also be needed for additional security measures near the prisoner cell. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve a $7,309.50 expenditure of federal forfeiture funds. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. Approval of Cost to Remove Bus Shelters: Mr. Treppeda explained under the direction of the Council, all of the bus shelters, except three, were removed. Since it was beyond the capability of the Public Works Department, bids were received. The lowest bid was $3,600.00 from Homestead Concrete, which was utilized to perform the work. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve $3,600.00 of resort tax funds for Homestead Concrete to remove all but three of the bus shelters. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff aye. Regular Council Meeting 03/16/99 8 Update on Trees - William O'Leary: Mr. O'Leary stated there are presently 19 palms that are still under warranty, which are indicated on the plan with the warranty expiration date. In each case, he is going to meet with the contractor to determine the condition prior to warranty expiration. The Council authorized the replacement of three palms several months ago. Two of them were replaced and he is giving one more time. The problem seems to be isolated in one area and everything is being done that is possible. Nobody has come up with a reason why there are problems in that area. It is Mr. O'Leary's guess that the Village's elevation in that area is slightly lower. Mr. O'Leary is raising the new ones 6 inches. 90-95% of the trees are doing fine. Assistant Mayor Hirschl requested Mr. O'Leary look at the SunTrust Bank property to see if any landscaping needs to be done in the Village's public right-of-way. Mr. Treppeda requested Mr. O'Leary look at the palm in front of Village Hall that is dying. Nancy Silverman — M.A.R.S. (Marine Animal Rescue Society): Ms. Silverman stated she resides at 10175 Collins Avenue, and explained M.A.R.S. is a non- profit organization dedicated to the rescue and rehabilitation of marine animals that often strand themselves on the beaches. Ms. Silverman explained the effort of M.A.R.S. and the services they provide. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve a $500.00 donation to M.A.R.S. The motion carried with the vote as follows: Councilman Boggess absent; Councilman Gorson aye; Assistant Mayor Hirschl aye; Mayor Spiegel aye; Councilman Tantleff ave. Frank Becker, Sheraton Ba/ Harbour, requested information from Ms. Silverman on M.A.R.S. to present to the hotel for a possible donation. 11. Ad ourn: There being no further business to come before the Council, a motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to adjourn. The motion carried unanimously (4-0), with Councilman Boggess absent, and the meeting adjourned at 4:50 p.m. Assistant Mayor Andrew Hirschl Attest: eanette Horton,, CMC/AAE Village Clerk /elw Regular Council Meeting 03/16/99 I 0