HomeMy Public PortalAbout2000-03-21 Regular Meeting221
COUNCIL MINUTES
REGULAR MEETING - MARCH 31, 3000
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, March 21,
2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 3:03 p.m. by Mayor Hirsch!. Those present were:
Also present:
Mayor Andrew Hirschl
Assistant Mayor Daniel Tantleff
Councilman James Boggess
Councilman Peg E. Gorson
Councilman Seymour Roth
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
David Wolpin, Village Attorney
Ellisa Wright, Deputy Clerk
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was led by Chief
Larry Freeman.
3. Approval of Minutes: A motion was offered by Councilman Roth and
seconded by Councilman Gorson to approve the minutes of the February 15, 2000, Regular
Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as
submitted.
4. Presentations - Officer of the Year Lt. Jay Smith: Chief
Freeman reported that Lieutenant Jay Smith was selected as the Bal Harbour Police
Department Officer of the Year for 1999 for his work as Accreditation Manager and
Training Coordinator, as well as conducting background investigations for prospective
employees, completing applications for grants, and various other administrative functions.
Chief Freeman presented Lt. Smith with a plaque from the Village. Lt. Smith was also
presented with items from the Sea View Hotel, Bal Harbour Shops, Sheraton Bal Harbour
Beach Resort, and the SunTrust Bank. Mayor Hirsch! presented Lt. Smith with a token of
appreciation from the Village.
Reverend Priscilla Whitehead: Mayor Hirsch! stated Reverend
Priscilla Whitehead, Church by the Sea, has requested to address the Council. Rev.
Whitehead addressed the Council, on behalf of the Church by the Sea, and stated they
have encountered some difficulties with what they had felt was a long standing gentlemen's
agreement with the Management of the Bal Harbour Shops with regard to the parking
situation that they have enjoyed for many decades in the Shops facility. Rev. Whitehead
wanted to alert the Council to their concern and invited the Council for their influence as
well as their creative thinking with the Church on a way to resolve this issue. Rev.
Whitehead stated that zoning variances were granted for the expansion of the Shops,
which they understood would include their parking needs. Rev. Whitehead stated because
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of the results of the closing of Camden Drive and the enlargement of the Shops parking
facility, which she understands included the parking needs for the Church by the Sea, that
perhaps the Council might help the Church think about what can be looked at for options
should that be necessary, for parking in Bal Harbour. Rev, Whitehead stated the Church
has no parking around it and one of their main concerns is that they have no parking to
provide for disabled people. She explained that nationally there have been lawsuits, etc.
about providing such parking. Rev. Whitehead discussed putting meters on Collins
Avenue, 96th Street, medians, or any other options. Rev. Whitehead wanted to alert the
Council to the Church's concerns and the difficulty they're encountering now. Rev.
Whitehead thanked the Council for their time and invited the members to be in contact with
the Church with any thoughts they might have on what the Church has been facing.
5. Public Hearings: None
6. Ordinances Second Reading/Public Hearing: None
7. Ordinances First Reading:
The ordinance was read, by title, by the Village Clerk, amending and revising Chapter 9
regarding newsracks.
Mayor Hirschl opened the public hearing. There being no comments, Mayor Hirsch) closed
the public hearing.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adopt
this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor
Tantleff aye; Council Bozeess aye; Councilman Gorgon aye; Councilman Roth ave. Thus
becoming:
ORDINANCE NO.
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDINGAND
REVISING CHAPTER 9, "LICENSES AND BUSINESS REGULATIONS," OF
ARTICLE III "NEWSRACKS," OF THE VILLAGE CODE; PROVIDING FOR AN
APPLICATION FOR A NEWSRACK PERMIT AND PROVIDING CONDITIONS
FOR ISSUANCE OF A NEWSRACK PERMIT; REGULATING THE LOCATION,
PLACEMENT AND NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS; PROVIDING FOR THE
DETERMINATION OF VIOLATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING FOR AN EFFECTIVE DATE.
The ordinance was read, by title, by the Village Clerk, amending Chapter 21 regarding
tandem parking.
Mayor Hirsch) opened the public hearing. Mayor Hirsch) stated this is a follow up to last
month's discussion regarding the issue of tandem parking, predominantly in the high-rise
community. Mr. Treppeda stated the Building Official, Dan Nieda, and Village Attorney,
David Wolpin, worked on this.
Carolyn Cohen, resident — Majestic Condominium (9601 Collins Avenue #1609),
questioned if this ordinance would enable them to self park. Mayor Hirschl responded yes.
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Mayor Hirsch) closed the public hearing.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adopt
this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor
Tantleff aye; Council Boggess aye: Councilman Gorson aye: Councilman Roth ave. Thus
becomine:
ORDINANCE NO.
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 21 "ZONING," BY AMENDING
ARTICLE V "OFF STREET PARKING FACILITIES," BY AMENDING SECTION
21-385 "DESIGN AND MAINTENANCE," BY AMENDING PARAGRAPH (M)
"TANDEM PARKING" TO MODIFY REQUIREMENT FOR PROVISION OF
PARKING ATTENDANTS AND TO ALLOW SELF -PARKING UNDER CERTAIN
LIMITED CONDITIONS; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
8. Resolutions:
A resolution was read, by title, by the Village Clerk, approving the utility easement, bill of
sale, and agreement between SunTrust Bank and Bal Harbour Village.
Mr. Treppeda explained that this will assure that the Village will be able to access all of the
water lines that run undemeath some of the drive -through portion of the Bank. Dan Nieda,
Building Official, stated there was an area easement that was never dedicated and that
easement has now been dedicated as part of the process for the certificate of occupancy
for the Bank.
A motion was offered by Councilman Boggess and seconded by Councilman Roth to adopt this
resolution. The motion carried with the vote as follows: Mayor Hirschl ave: Assistant Mayor
Tantleff aye: Council Boggess aye: Councilman Gorson ave: Councilman Roth ave. Thus
becoming:
RESOLUTION NO. 606
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, APPROVING THE UTILITY EASEMENT, BILL OF SALE AND
AGREEMENT BETWEEN SUNTRUST BANK AND BAL HARBOUR VILLAGE;
AUTHORIZING ACCEPTANCE FROM SUNTRUST BANK OF CERTAIN WATER
TRANSMISSION AND DISTRIBUTION FACILITIES AND AN EASEMENT FOR
THE MAINTENANCE OF THE WATER TRANSMISSION AND DISTRIBUTION
FACILITIES; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
UTILITY EASEMENT, BILL OF SALE AND AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
to. Reports and Recommendations:
A. MAYOR AND COUNCIL:
Assistant Mayor Tantleff questioned the status of the Certificates of Authorization needed
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by the property owners located on the beachfront properties for the Beach Master Plan.
Mr. Treppeda explained the State requested, in the permitting process, that the property
owners give permission for the Village to apply for permits for items that are going on their
property. Mr. Treppeda stated he will be going to each property manager to have them sign
a Certificate of Authorization.
Mayor Hirschl reported that Congressman E. Clay Shaw met with him and Mr. Treppeda
at Village Hall to discuss issues relating to beach sand renourishment, access to agencies
without a lot of red tape, etc.
Mayor Hirsch) explained he is meeting with Miami -Dade County Commissioner Senator
Gwen Margolis tomorrow regarding Haulover and other matters concerning Northeast
Dade County relating to Bal Harbour.
B. VILLAGE ATTORNEY:
Request for Executive Session Re: Bal Harbour Club: Mr. Wolpin
requested to schedule an Executive Session for the Bal Harbour Club litigation. He also
requested that the Council designate a Council member to work with Village Attorney
Stephen Helfman and/or Village Attorney Dan Weiss in preparation for the Executive
Session. It was the consensus of the Council to designate Mavor Hirsch). Mr. Wolpin stated
that he will call to schedule a date.
C. VILLAGE MANAGER:
Emergency Storm Drain Pipe Repair: Mr. Treppeda explained
that there was a sink hole in the park area east of the Security District guardhouse and that
Intrastate Construction, which demolished the water tank, did an emergency repair for
$12,638.00. Mr. Treppeda stated the Village Engineer, Bill Landis, also worked on this
project with Intrastate Construction. A motion was offered by Assistant Mavor Tantleff and
seconded by Councilman Roth to approve $12,638.00 for the emergency repair of a storm drain
pipe by Intrastate Construction at Harbour Way & Collins Avenue. The motion carried with the
vote as follows: Mavor Hirschl ave: Assistant Mavor Tantleff ave: Councilman Boggess ave;
Councilman Gorson aye; Councilman Roth ave.
Approval of Replacement of 2 Pickup Trucks for Public Works
Department: Mr. Treppeda explained the purchase of 2 pickup trucks are budgeted and
are from the Florida Sheriffs Association Bid for $51,392.00. Mr. Treppeda stated the
current trucks are both 10 years old. A motion was offered by Assistant Mayor Tantleff and
seconded by Councilman Roth to approve $5.1,392.00 to purchase 2 Pickup Trucks for the Public
Works Department from the Florida Sheriff's Association Bid. The motion carried with the vote
as follows: Mavor Hirschl ave; Assistant Mavor Tantleff aye; Councilman Boggess ave;
Councilman Gorson ave: Councilman Roth aye.
Approval for Engineering Fees for Buoy Proiect: Mr. Treppeda
explained that the Village has been working on placing buoys to have a safe swimming
area in the ocean and the first step is to do some engineering. Mr. Treppeda reported that
Miami -Dade County uses Challenger Enterprises and he would like to use them for a fee
of $4,728.00, which would include items up to putting the project out to bid. A motion was
offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve $4,728.00 for
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the engineering fees for Challenger Enterprises in preparation of the installation of buoys. The
motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave;
Councilman Boggess ave; Councilman Gorson ave; Councilman Roth ave.
Approval of Test Package for Automated Water Meter
Reading System: Mr. Treppeda explained the Village has been looking at new technology
for water meters, which would allow for a reader to be carried throughout the residential
area, put into a vehicle, etc. because the meters would have a transmitter on them that
would transmit the information to a reader. The benefits of this system include: cutting
down on the time it takes to read water meters (it currently takes 3 days and this would cut
it down to half a day), eliminate human error (currently Public Works employees have to
go into backyards, hold the reader, and punch it into a keypad), and eliminate the need to
go into backyards. Mr. Treppeda stated at this point, he is asking is for a test package in
the amount of $6,425.70.
Blll Landis, Village Engineer — Craig A. Smith & Associates, reviewed the Water Meter
Program spreadsheets, which is a tabulation of all 527 water meters in the Village. Mr.
Landis stated he is proposing on the next phase, after the pilot program, to replace meters
up to, and including, 2 inches in size. That would involve 497 water meters. Mr. Landis
reviewed the second table, which lists 3 companies that bids were received from for the
next phase in order to see what the total cost of the program would be to change out up
and through 2 inch meters. It included the meters, the transmitting devices, the software,
and the training, as well as a reader. Mr. Landis reviewed the 3`d page of the spreadsheet,
which is the cost of the meters, the software, the hardware, the training, and the installation
of 497 meters along with meter boxes and lids. The total would be $180,053.29 against
the $177,000.00 that is budgeted. He explained that currently the Village reads the meters
manually and it involves going to each meter, lifting a lid on the box, going in the box, lifting
the lid on the meter register, reading the register, and then entering it into a hand device.
The reader is then downloaded into the billing computer. At the last Council meeting, the
software was approved, which includes the billing and reading package. Mr. Landis
explained that there has been a lot of difficulty in the last couple years in getting correct
meter readings, bills, and information into the system. That's the reason for going to the
new system because the new reader and the new system are both Windows based. The
old system was UNIX based. Mr. Landis stated they were planning on doing a test
program, which would include purchasing 10 meters (remote read by radio either walking
by or from a vehicle), 10 transmitters, the manual and automatic reader, and installing
those 10. It would also include software training for 1 person for 3 days. It would then be
determined whether or not to go into the next phase, which would be to purchase 497
meters. The other meters would be addressed in next year's budget.
Councilman Boggess questioned how the transmitters are powered. Mr. Landis stated
they are powered by batteries, with a life of 10 years. After 10 years, the Village would
have to change out the batteries. Mayor Hirsch) questioned where this system is being
used. Mr. Landis stated it's a new system and is being used in St. Petersburg, cities in
Florida, cities in Georgia, cities in Alabama, etc. The radio transmitter is new technology;
however, the Windows software, reader, and touch -read are all established. The radio
would enable reading the meters from the curbside, which is a big advantage.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve
$6,425.70 for a pilot program to test Schlumberger's Automated Water Meter -Reading System.
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The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye;
Councilman Boggess aye: Councilman Gorson aye; Councilman Roth ave.
Date Palm Light Upgrade: Mr. Treppeda explained that the
Council had requested bids to upgrade the Date Palm landscaping lights from 100 watts
to 150 watts. Three bids were received (Tri-City Electric never submitted a bid). The
lowest bid, including the Village providing the bulbs and the ballasts, was received from
Davco Electrical for $169,267.00. Mr. Treppeda advised that this would be paid for with
resort tax funds; however, it's not a budgeted item and it did come in higher than
anticipated. Mayor Hirschl questioned the fund balance available in the resort tax fund and
if the Resort Tax Committee approved this. Councilman Boggess stated this is a
recommendation from some members of the Committee. Councilman Boggess stated that
since the bid has come in so high, he recommends that the Council either table this until
it is found out that there's at least enough money to get the job done, or to re -bid it. Mrs.
Horton stated the available balance is $1,802,881.00, but the Village has used some of
that amount for this current budget. Assistant Mayor Tantleff agreed that this should be
postponed. It was the consensus of the Council to table this item for now. Mr. Treppeda
stated he will see what other prices can be obtained. Councilman Boggess stated if better
prices are obtained, then this can be re -visited.
Approval of Additional Fees for Park Proiect — Bradshaw, Gill
and Associates: Mr. Treppeda explained the basketball court was re -oriented, a tennis
backboard wall was added, and the pump station was eliminated, which all required some
additional designs by Bradshaw, Gill & Associates. The additional fees are $5,950.00. A
motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
$5,950.00 for additional fees for Bradshaw. Gill & Associates for the Park Proiect. The motion
carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye: Councilman
Boggess aye: Councilman Gorson aye: Councilman Roth aye.
to. Other Business:
Mr. Treppeda reported that the Village Lobbyist, Ron Book, is in Tallahassee and was
unable to attend the meeting. However, Mr. Book sent a letter to the Council expressing
that he didn't think the chances were very good for the bed tax increase because of the
jump start that the Hotel Association had prior to the Village hiring Mr. Book. Mr. Treppeda
requested direction from the Council on either discussing this further or proceeding.
Councilman Boggess questioned how long the Legislature stays in session. Mr. Wolpin
believes it ends at the beginning of May. Councilman Boggess stated the Village only has
another month or so before it will know. It was the consensus of the Council to continue
pursuing this matter at this point.
George Teichner, resident — Majestic Condominium (9601 Collins Avenue), addressed
the Council and stated he has new evidence regarding the beach huts. He stated he has,
from the Village records, permits to build a pool deck, cabanas, and beach huts. Mr.
Teichner stated cabanas are major structures and pool decks and beach huts are minor
structures. Mr. Teichner stated that Mr. Wolpin agrees, per his correspondence, that there
are beach huts built on the beach perimeter. Those beach huts were given certificates of
occupancy as cabanas, but they are not constructed as cabanas, they're constructed as
beach huts. Mr. Teichner questioned what one has to do to have Section 21-33 put into
play, which gives the Council the right to revoke an erroneous Certificate of Occupancy.
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Mr. Teichner stated a certificate of occupancy should be issued to them as beach huts, but
not to call beach huts cabanas. Mr. Teichner stated the Village cannot have a certificate
of occupancy on a cabana that is not built as a cabana. Mayor Hirschl stated, out of
respect to Mr. Teichner and this discussion, he believes these comments were the same
comments that the Council heard previously. Mr. Teichner stated they're beach huts, not
cabanas and questioned how a beach hut can have a certificate of occupancy as a
cabana. Mr. Teichner stated that can't be done and that's why Section 21-33 is there to
correct an erroneous certificate of occupancy.
Mr. Wolpin stated the Village Attomeys have carefully reviewed all the materials presented
and it's their opinion, and Mr. Wolpin's opinion, that the huts that have been constructed
are proper accessory structures, which comply with the Village's Zoning Code and, more
importantly, they have been approved by the State of Florida Department of Environmental
Protection and they are the entity with jurisdiction over structures that are constructed in
the coastal construction area. Additionally, the Code section that is referred to by Mr.
Teichner talks about the revocation of certificates of occupancy and that section does not
purport in any way to give him standing to assert this. Mr. Wolpin stated it has come to his
attention recently that the very arguments that Mr. Teichner advances over and over again
are found in a lawsuit that was filed by the Majestic Condominium against the Developers.
So, basically it's a private litigation matter between the Condominium and the Developer.
They're fighting over the Majestic Condominium and it's a matter the Village should not be
involved in. Mr. Wolpin stated it's the opinion of the Village Attorneys that the Building
Official has very carefully and very thoroughly issued the proper certificates of occupancy.
Mr. Wolpin doesn't see any reason to consider overturning or withdrawing those certificates
because to do so would be an action without proper cause. Mr. Teichner questioned Mr.
Wolpin if he's saying that he (Mr. Teichner) doesn't have standing or that they're legal
certificates of occupancy. Mr. Wolpin stated he's saying both. The certificates of
occupancy are legal and they fully comply with the Village Zoning Code. In addition, Mr.
Teichner doesn't have standing, although it's the policy of this Village to hear people under
matters by the public to let them address the Council. Mr. Wolpin stated Mr. Teichner is
welcome to come back at other Council meetings, but he (Mr. Teichner) technically doesn't
have legal standing to raise the issue. Aside from that, Mr. Teichner has no merit to his
position, respectfully, because the Village Attomeys have looked at this time and time
again and have spent more time on it than should have been spent. Mr. Wolpin stated he
feels very confident that the Building Official has definitely handled these structures in the
proper manner.
Mr. Teichner stated that Mr. Wolpin is saying that beach huts can be issued certificates of
occupancy as cabanas. He (Mr. Wolpin) is taking a minor structure and calling it a major
structure by virtue of a piece of paper, not by construction and not by permit. The permit
is for minor structures (beach huts). Mr. Teichner stated if that's Mr. Wolpin's position
that's fine and it should be put on the record that Mr. Wolpin believes that minor structures
can become major structures by the stroke of a pen. Mr. Wolpin stated he doesn't want
to belabor the point because the Village Attomeys have already issued a written opinion
on the matter and the State DEP, who are the experts in the field, have inspected these
structures and found that they fully comply with the law. Mr. Wolpin stated he's not going
to engage in mental gymnastics over huts or cabanas, or vice versa, because it doesn't suit
anyone's time or efforts. Mr. Teichner questioned why cabanas aren't called condo units
if the Village isn't going to worry about words. The Village has given certificates of
occupancy for cabanas on an item that has a permit as a beach hut. It's a minor structure
called a major structure. Mr. Teichner stated the Village may think this is a joke. Mayor
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Hirsch) stated that nobody thinks this is a joke and the Village has exhausted its time on
analysis with this issue and, at this point, it's a matter between Mr. Teichner and the
Majestic Condominium. Mayor Hirsch) stated the Village Attorney has rendered an opinion
that the Council concurs with.
11. Ad g.!! : There being no further business to come before the Council,
a motion was offered by Councilman Boggess and seconded by Councilman Roth to adjourn. The
motion carried unanimously (5-0), and the meeting adjourned at 3:45 p.m.
Mayor Andrew R. Hirsch)
Attest:
ijeanette Horton, CMC/AAE/CLO
"Village Clerk
/elw
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