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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 Regular Council Meeting 03/21/2000 1 222 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. Regular Council Meeting 03/21/2000 2 223 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 Regular Council Meeting 03/21/2000 3 224 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 Regular Council Meeting 03/21/2000 4 225 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. Regular Council Meeting 03/21/2000 5 226 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. Regular Council Meeting 03/21/2000 6 22'7 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 Regular Council Meeting 03/21/2000 7 228 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 Regular Council Meeting 03/21/2000 8