Loading...
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 Regular Council Meeting 07/20/99 1 139 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; Regular Council Meeting 07/20/99 2 140 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 Regular Council Meeting 07/20/99 3 141 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 Regular Council Meeting 07/20/99 4 142 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. Regular Council Meeting 07/20/99 5 143 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 Regular Council Meeting 07/20/99 6 144 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. Regular Council Meeting 07/20/99 7 145 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 Regular Council Meeting 07/20/99 8