HomeMy Public PortalAbout1999-07-20 Regular Meeting13S
COUNCIL MINUTES
REGULAR MEETING - JULY 20. 1999
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 20,
1999, in the Council Chamber at the Bay Harbor Town Hall (9665 Bay Harbor Terrace).
The meeting was called to order at 3:00 p.m. by Mayor Hirschl. Mayor Hirsch! thanked the
Town of Bay Harbor for allowing the Council to utilize their Council Chamber. Those
present were:
Also present:
Mayor Andrew Hirsch!
Assistant Mayor Daniel Tantleff
Councilman James Boggess
Councilman Peg E. Gorson
Councilman Seymour Roth
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 Bal
Harbour residents Heidi Hirsch! and Aaron Hirsch!.
3. Approval of Minutes:
A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the
minutes of the May 25, 1999, Council Joint Workshop Meeting'. The motion carried unanimously
(5-0), and the minutes were approved as submitted.
A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the
minutes of the June 9, 1999, Council Workshop Meeting'. The motion carried unanimously (5-0),
and the minutes were approved as submitted.
A motion was offered by Councilman Bogg'ess and seconded by Councilman Roth to approve the
minutes of the June 15, 1999, Regular Council Meeting. The motion carried unanimously (5-0),
and the minutes were approved as submitted.
q. Presentations - Officers of the Month:
Mav 1999 — Sergeant Charles Merrill: Chief Freeman announced that
Sergeant Charles Merrill was selected as Officer of the Month for May 1999 for the
apprehension of a subject in the Security District who was using fraudulent checks at the
Sheraton Hotel. Sergeant Merrill was presented with a check and plaque on behalf of the
Village.
June 1999 — Detective Jose Andrade: Chief Freeman announced that
Detective Jose Andrade was selected as Officer of the Month for June 1999 for his
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outstanding performance on a fraud investigation. Detective Andrade was presented with
a check and plaque on behalf of the Village.
Chief Freeman advised the Council that the Police Memorial was delivered to Village Hall
today. Mayor Hirschl explained the memorial will be placed in the courtyard and there will
be a dedication ceremony in the near future.
s. Public Hearings: The public hearing was read by the Village Clerk for
First Union National Bank to open a banking facility at the Harbour House.
OWNER OF THE HARBOUR HOUSE PROPERTY, LOCATED AT TRACT "C & D" ON
THE PLAT OF "OCEAN FRONT SECTION OF BAY HARBOR," MORE COMMONLY
KNOWN AS 10275 COLLINS AVENUE BAL HARBOUR, HAS APPLIED FOR A NON USE
VARIANCE FOR FIRST UNION NATIONAL BANK TO OPEN A BANKING FACILITY
FOR THE EXCLUSIVE USE OF THE RESIDENTS/EMPLOYEES AT HARBOUR HOUSE.
Mayor Hirschl opened the public hearing. Mr. Treppeda explained this is for the exclusive
use of the Harbour House and they're not planning on doing any advertising. The Bal
Harbour Village Code currently allows certain uses and this would fall into the "other uses"
category. The Council needs to consider that this bank is compatible with and will not
adversely affect the residential character of the multi -family development.
Councilman Roth questioned if the bank is paying rent. Deborah Pullen, Vice
President/Regional Manager— First Union Bank, stated they do not pay rent in these
types of facilities. Mayor Hirsch) questioned if the Code permits advertising of this banking
facility. Mr. Treppeda responded no. Mayor Hirsch) questioned Ms. Pullen if she was
aware of that. Ms. Pullen responded yes.
Pat Tumpson, 10185 Collins Avenue, questioned if they would be putting in an ATM
machine. Ms. Pullen responded no.
There being no further comments, Mayor Hirsch) closed the public hearing.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to
approve First Union National Bank to open a banking facility for the exclusive use of the
residents/employees at the Harbour House (10275 Collins Avenue). The motion carried with the
vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye;
Councilman Gorson aye; Councilman Roth aye.
6. Ordinances Second Reading/Public Hearing: An ordinance
was read by title, by the Village Clerk, amending Chapter 2 of the Village Code increasing
civil penalty for improper disposal and revising the house of operation at the disposal area.
Mayor Hirschl opened the public hearing. There being no comments, Mayor Hirschl closed
the public hearing.
A motion was offered by Councilman Gorson and seconded by Councilman Roth to approve the
ordinance amending Chapter 2 of the Village Code by increasing civil penalty for improper
disposal and revising the hours of operation at the disposal area. The motion carried with the
vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff aye; Councilman Boggess aye;
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Councilman Gorson aye; Councilman Roth aye. Thus becoming:
ORDINANCE NO. 440
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE
CODE BY AMENDING CHAPTER 2 "ADMINISTRATION," AMENDING SECTION 2-191
"SCHEDULE OF CIVIL PENALTIES" BY AMENDING PARAGRAPH (b)(32), (33), TO
INCREASE CIVIL PENALTY FOR IMPROPER DISPOSAL OF VEGETATION AND
TRASH, AND TO INCREASE CIVIL PENALTY FOR DISPOSING OF VEGETATION
WITHOUT CUTTING AS REQUIRED; AMENDING CHAPTER 16 "SOLID WASTE," BY
AMENDING SECTION 16-4 "DISPOSAL OF VEGETATION AND TRASH; AREAS AND
PROCEDURES; PENALTY FOR VIOLATIONS" TO CONFORM TO AMENDMENT OF
SECTION 2-191 AND TO REVISE HOURS OF OPERATION AT DESIGNATED DISPOSAL
AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
7. Ordinances First Reading: None.
8. Resolutions: A resolution was read by title, by the Village Clerk,
endorsing the one cent sales tax increase and the abolition of tolls.
Mayor Hirsch) explained the Beacon Council requested that the Village adopt this
resolution to embrace what Dade County is attempting to pass. Mr. Treppeda sent a notice
regarding the benefits that the Village will receive from the approval of the one cent
increase. Assistant Mayor Tantleff questioned if the Village is guaranteed to get the
money. Mayor Hirsch) doesn't believe there's a guarantee, but in discussion with the
administration the ballot must clearly state the money would be used only for
transportation, which would free up other money for beach renourishment, etc. that the
Village is interested in. Mayor Hirsch) stated according to recent discussions, the $12,000
in gas enhancement, the $36,000 reimbursement, the money towards possibly
underwriting the costs of the Village's bus service, library participation, beach
erosion/beach control, etc. would continue for Bal Harbour based upon the passage of this
penny tax.
A motion was offered by Assistant Mavor Tantleff and seconded by Mayor Hirschl to approve the
resolution endorsing the one cent sales tax increase and the abolition of tolls. The motion carried
with the vote as follows: Mayor Hirschl aye: Assistant Mavor Tantleff aye; Councilman Boggess
aye; Councilman Gorson ave: Councilman Roth nay. Thus becoming:
RESOLUTION NO. 595
RESOLUTION OF THE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA,
ENDORSING THE INITIATIVE OF ENACTING THE ONE CENT SALES TAX INCREASE
AND THE ABOLITION OF TOLLS; PROVIDING FOR AN EFFECTIVE DATE.
9. Selection of Budget Hearing Dates: Mrs. Horton explained that
according to State law, the Village cannot hold the hearings on the same date as the
School Board or the County and must be after 5:00 p.m. The first hearing could be
September 9th or 14th. The second hearing has to be on September 21st, following the
regular Council meeting. It was the consensus of the Council to schedule the first hearing
for Tuesday, September 14th, and the second hearing for Tuesday, September 21 st. Both
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meetings will be scheduled for after 5:00 p.m.
IO. Re:orts and Recommendations:
A. MAYOR AND COUNCIL:
Mayor Hirsch) updated the Council that he will be meeting with Mayor Samson and City
Manager Jim DiPietro (Sunny Isles Beach) on July 21 st to discuss issues that affect both
cities mutually. Mayor Hirschl will inform the Council of the outcome. Mayor Hirsch) stated
he and Mr. Treppeda will also be meeting with Gwen Margolis and Village Attorney David
Wolpin on July 21st to discuss city related matters.
Discussion of Signs on Condominiums — Mayor Hirschl: Mayor
Hirsch) stated a question was raised to him concerning illuminated signs on condominiums
or rental buildings. Specifically the Harbour House signs that were recently re -illuminated
through renovation that are very bright and noticeable. The question arose if the Village
should allow high rise buildings to put up illuminated signs or signs on their structures to
identify their buildings when there's already an identification sign at ground level.
Councilman Boggess stated the Sheraton has a big sign. Mayor Hirschl stated it was
suggested primarily condominiums and not commercial buildings, like hotels, that rely on
signage for recognition and are revenue areas. Mr. Weiss suggested the Building Official
give the Council a written report as to the type of signage the Village permits. The Village
allows very limited types of signs. Mr. Weiss stated the Building Official, along with the
Attorneys office, will get the Council a report on what's there, how it's there, etc.
B. VILLAGE ATTORNEY:
Bal Harbour Club Litigation: Mr. Weiss explained the Court
denied the Village's motion for rehearing. There was a first hearing some months ago
dealing with the rezoning of the Bal Harbour Club property. The second reading of the
ordinance was left pending until the Court's decision was received. Mr. Weiss believes a
second hearing needs to be set for this ordinance. Mayor Hirsch) explained there's no
August meeting and very few people are back in town in September. Mayor Hirsch)
suggested having the meeting in October. Councilman Boggess questioned how many
Council people have to be present for a zoning change. Mr. Weiss responded the quorum
is three. Councilman Boggess stated he will not be here for the September meeting.
Assistant Mayor Tantleff questioned if the Village is out of judicial options. Mr. Weiss
responded yes. Assistant Mayor Tantleff questioned about going to the Supreme Court.
Mr. Weiss stated they don't feel there's any grounds to go to the Supreme Court on this
and there was no opinion issued on the motion denying the rehearing.
Cliff Schulman, Attorney - AVA Development, stated the original court decision in this
matter was rendered in 1998 by the Circuit Court and it mandates a court order ordering
the Village to implement the Court's decision, which was November 30, 1998. Mr.
Schulman suggested the Council schedule a Special Meeting in August for the second
hearing because he doesn't believe waiting until September or October is reasonable. Mr.
Weiss stated before the next hearing they're going to set forth in a written letter the options
with respect to this property. They believe that the Court has advised that the Village
rehear this matter in accordance with its order. They don't believe that the Council is
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necessarily obligated to grant this rezoning. They will lay out the options that the Council
has at the zoning hearing in explicit detail in a letter in terms of the nature of the hearing
and the options that the Council has. A copy of the letter will also be given to Mr.
Schulman.
Michael Larkin, Attorney — Ba! Harbour Club, requested the Council hold the second
hearing as soon as possible. When the Circuit Court Appellate Division issued the
mandate, they asked the Village to rezone the property. Mr. Larkin would like the meeting
to be scheduled in August, or in September at the very latest. Assistant Mayor Tantleff
questioned Mr. Weiss if the Council was mandated by the Court. Mr. Weiss stated the
Village was mandated to have another hearing. Mr. Weiss probably has a disagreement
with Mr. Schulman as to the options the Council has at the hearing. Mr. Weiss will list the
options so the Council knows what the Village Attorneys think they have the ability to do,
what the Court has mandated the Council to do, etc. Mr. Schulman disagrees with Mr.
Weiss that the Council has anything to do besides open the hearing, make the motion, and
approve the zoning based on the evidence before them.
A motion was offered by Mayor Hirschl and seconded by Assistant Mayor Tantleff to set a date
in October after the Council meeting (October 19, 1999) to hear this matter. This motion carried
with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess
aye; Councilman Gorson aye; Councilman Roth aye.
Mr. Weiss stated the Council may need to have time to hear testimony at the meeting. A
motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to schedule
the Regular Council Meeting for 1:00 p.m. on Tuesday, October 19, 1999, with this item as the
first order of business. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant
Mayor Tantleff ave: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
C. VILLAGE MANAGER:
Beach Master Plan Sub -Committee Report: Mr. Treppeda
explained at the last Council meeting, Councilman Boggess and Councilman Roth were
appointed as a Sub -Committee to meet with Bob Gill to discuss the Beach Master Plan.
At that time, the cost for the plan was $2 million and the Committee met to lower that cost.
Assistant Mayor Tantleff stated he was contacted by Irwin Schaab, BalMoral Condo, about
his disagreement with the plan on limiting access to vehicles for construction in the backs
of the buildings. Mr. Treppeda stated a letter was also received from the BalMoral
Condominium Association. Mayor Hirsch) thanked the Sub -Committee for their work. Mr.
Treppeda would like Robert Wheldon, Public Works Director, to address the irrigation issue
because there may be some irrigation that was overlooked.
Harvey Sasso, Coastal Systems International, displayed the plans and explained the
concept. Mr. Sasso stated the cost of the project has been reduced to an estimated total
of $1.247 million. Mr. Sasso reviewed the design concept.
A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the
loop concept for the Beach Master Plan. The motion carried with the vote as follows: Mayor
Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess ave; Councilman Gorson aye;
Councilman Roth ave.
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Mr. Sasso reviewed an outline of costs. Bob Gill's costs are $80,000 for the design and
implementation. Mr. Sasso's costs are $40,000. So, the total fees for the project are
$120,000 plus expenses. A motion was offered by Councilman Boggess and seconded by
Councilman Roth to approve the cost of $120,000.00 plus expenses for the Beach Master Plan
with the loop concept. The motion carried with the vote asfollows: Mayor Hirschl aye; Assistant
Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
Robert Wheldon, Public Works Director, discussed the irrigation for the project and
thinks $65,000 is low. The plans only show new irrigation for certain areas and Mr.
Wheldon thinks the full irrigation system on the beachfront should be replaced. It was the
consensus of the Council that the full irrigation system should be replaced. Mr. Sasso will
inform Mr. Gill.
Award of Bid for Water Tank and Pump Station Demolition
Project: Mr. Treppeda explained three bids were received from: Intrastate Construction
Corporation ($178,000.00), Kalex Construction & Development ($211,760.00), and Dunol
Engineering ($221,500.00) for this project. Mr. Treppeda stated $300,000.00 was
budgeted for this project. A background check has been done on Intrastate Construction
and Craig A. Smith & Associates is familiar with the company and highly recommends
them. Intrastate Construction also installed the Village's dock behind the Public Works
Building. Mr. Treppeda recommends the low bidder, Intrastate Construction Corporation.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to award
the bid for the Water Tank Demolition Project to the low -bidder, Intrastate Construction
Corporation, in the amount of $178,000.00. The motion carried with the vote as follows: Mayor
Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye;
Councilman Roth ave.
Award of Bid for Bus Shelter Project: Mr. Treppeda explained
only one bid was received for the installation of the bus shelters, benches, etc. from
Mayfair Construction for $458,514.00. That would be in addition to the $148,000.00 that
the Village has already spent. Mr. Treppeda would like the Council to authorize him to
attempt to negotiate with Mayfair. If he is unable to come to an agreement with Mayfair,
he would like authorization to deal with companies that pre -bid on each part of the work
and for the Village do the work themselves. Mr. Treppeda stated that Mayfair Construction
stated the cost was very high because it was difficult to find someone to do the footers that
were specified. It was the consensus of the Council for the Village Manager and Public Works
Director to start this project in-house. Mr. Treppeda will attempt to keep the cost within the
budgeted amount of$328,000.00. Mr. Weiss stated there are new requirements for the bus
shelters, so the Village needs to make sure the shelters are product approved under the
South Florida Building Code and that the installation is product approved.
Approval for the Purchase of Artwork for Village Hall: Mr.
Treppeda explained he has been working with a company for tropical artwork for Village
Hall. The price is $150.00 each (18 pieces) for framed matted photos, with one piece at
$200.00, for a total of $2,900.00. This amount was included in the budget for Village Hall.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
the purchase of 19 framed prints in the amount of $2,900.00. The motion carried with the vote
as follows: Manor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess aye;
Councilman Corson aye; Councilman Roth aye. The Council requested that Councilman
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Gorson review the artwork.
Lobbyist Proposals: Mr. Treppeda explained that Councilman
Boggess was appointed by the Resort Tax Committee to consider candidates to serve as
a lobbyist for the Village on the bed tax issue. Councilman Boggess and Mr. Treppeda met
with three lobbyists: Ron Book, Bob Levy/Sonny Holtzman, and Bill Rubin. Mayor Hirschl
also met with Bob Levy and Sonny Holtzman. Mr. Treppeda explained the Village was
interested in hiring a lobbyist to try to get the State legislature to raise the bed tax from 4%
to 6%. Assistant Mayor Tantleff stated he has met Ron Book and believes Mr. Book is the
best person in Tallahassee to fight for the Village. Councilman Boggess feels that all of
the lobbyists are qualified, but Ron Book is probably the best qualified and most energetic.
Councilman Boggess stated Mr. Book stated the Village should be getting money from the
State for beach restoration and enhancement, etc. Mr. Book has included that in the realm
of things he would do for the Village. Councilman Roth stated a top legislature referred to
Mr. Book as "being the best." A motion was offered by Assistant Mayor Tantleff and seconded
by Councilman Roth to hire Ron Book to represent the Village on all governmental affairs
matters which includes Legislative, Cabinet, State Agencies, and Miami -Dade County, or any
other political subdivision of the State not specifically noted herein for 1 year for $60,000.00
annually (plus expenses which are pro -rated amongst all clients). The motion carried with the
vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye;
Councilman Gorson aye; Councilman Roth ave.
Mayor Hirsch) thanked Councilman Boggess for interviewing all the candidates.
Approval of Structural Reinforcement for Public Works
Building: Mr. Treppeda explained Coral Tech has been working on the Public Works
Building and there is a structural problem where the garage door is. A price of $12,800.00
has been received from Coral Tech to do this work. Ali Arbab, Village Structural Engineer,
feels that it is a fair price. A motion was offered by Councilman Roth and seconded by
Councilman Boggess to approve $12,800.00 for Coral Tech Associates, Inc. (Change Order No.
13) for structural work at the Public Works Building. The motion carried with the vote as
follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman
Gorson ave; Councilman Roth aye.
II. Other Business:
Mr. Treppeda explained in looking at the Water Tank Demolition Project they discovered
the power for the Public Works Facility goes through the water tank area, so the
transformer will have to be moved. Also, the cathodic protection monitor, which is a low -
voltage charge that goes through the water tank to inhibit corrosion, will have to be moved.
Mr. Treppeda has not received a price for this and doesn't want to hold the project up since
there is no Council meeting in August. Mr. Treppeda requested permission to spend over
his $2,500.00 limit to get the work done. A motion was offered by Councilman Roth and
seconded by Councilman Boggess to authorize the Village Manager to spend in excess of
$2,500.00 for electrical work to maintain power at the Public Works building and to move the
cathodic protection monitor. The motion carried with the vote as follows: Mayor Hirschl aye;
Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman
Roth aye.
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Mr. Treppeda explained at the Resort Tax Committee meeting on July 8, 1999, the
Committee recommended fees for the Director of Tourism to attend eight trade shows
throughout New York, New Jersey, and Connecticut. The fees of $10,000.00 include
airfare, hotel rooms, entry fees, and expenses. A motion was offered by Assistant Mayor
Tantleff and seconded by Councilman Roth to approve $10,000.00 for entry fees, airfare, hotel
accommodations, and expenses for the Director of Tourism to attend eight trade shows. The
motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye;
Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
1t. Ad ours': There being no further business to come before the Council,
a motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adjourn.
The motion carried unanimously (5-0), and the meeting adjourned at 4:05 p.m.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to
reconvene the Council meeting. The motion carried unanimously (5-0), and the meeting was
reconvened at 4:05 p.m.
Sylvia Sabeth, Kenilworth, is concerned about the Bal Harbour Club. Mayor Hirschl
explained the next hearing date has been set for October to discuss the zoning change.
Ms. Sabeth wanted to discuss the letter she received from Mr. Stoker. Mayor Hirsch)
stated the Club is a private enterprise and the Council doesn't know anything about it. Ms.
Sabeth will provide a copy of the letter to Mr. Treppeda to give to the Council.
Nicholas, 10185 Collins Avenue, is concerned about the lack of bus shelters and
questioned if new ones will be installed. Mayor Hirschl stated the new shelters were
delivered today and the Village is arranging to have them installed. Mayor Hirsch) stated
the old shelters were taken down due to structural problems.
Mr. Treppeda stated he and Mrs. Horton would like to meet with each Council member very
soon about the budget because the first millage rate has to be filed by August 4, 1999.
There being no further business to come before the Council a motion was offered by
Councilman Boggess and seconded by Assistant Mayor Tantleff to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 4:10 p.m.
ayor Andrewft.Hir
Attest:
Jedfiette Horton, CMC/AAE/CLO
)age Clerk
/elw
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