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HomeMy Public PortalAbout2000-05-16 Regular Meeting17 COUNCIL MINUTES REGULAR MEETING - MAY 16. 2o0o The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 16, 2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Mayor Hirsch!. 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. 1. Pledge of Allegiance: The Pledge of Allegiance was led by the Village Council. 3. AnDroval of Minutes: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the April 18, 2000, Regular Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations - Officer of the Month: None s. Public Hearings: None 6. Ordinances Second Reading/Public Hearings: The ordinance was read, by title, by the Village Clerk, amending Chapter 2 regarding Code Enforcement. Mayor Hirschl opened the public hearing. Councilman Roth stated that on the second to last line of page 1, "Harbour" is not spelled correctly. There being no additional comments, Mayor Hirschl closed the public hearing. A motion was offered by Councilman Boggess 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: Councilman Boggess aye: Councilman Gorson aye: Councilman Roth aye. Thus becoming: ORDINANCE NO. 450 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE Regular Council Meeting 05/16/2000 1 1B V, "CODE ENFORCEMENT," SECTION 2-182, "QUALIFICATIONS OF SPECIAL MASTERS AND REMOVAL; ORGANIZATION," GRANTING POWERS TO THE SPECIAL MASTER; AMENDING SECTION 2-183, "ENFORCEMENT PROCEDURES," PROVIDING FOR SERVICE OF NOTICE TO COMMERCIAL PREMISES AND PROVIDING FOR THE DISCLOSURE TO TRANSFEREES OF PENDING CODE ENFORCEMENT PROCEEDINGS; AMENDING SECTION 2-185, "CIVIL PENALTIES AND RELATED TERMS CONSTRUED," PROVIDING FOR THE ABATEMENT BY THE VILLAGE OF VIOLATIONS THAT PRESENT A THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE AND AUTHORIZING THE VILLAGE TO CHARGE THE VIOLATOR WITH THE COSTS OF REPAIRS; AMENDING SECTION 2-187, "SCHEDULING AND CONDUCT OF HEARING," PROVIDING FOR SERVICE OF THE NOTICE OF HEARING; AMENDING SECTION 2-188, "RECOVERY OF UPAID CIVIL PENALTIES; UNPAID PENALTY TO CONSTITUTE LIEN; FORECLOSURE," PROVIDING THAT THE VILLAGE MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY JUDGEMENT; AMENDING SECTION 2-190, "PROVISIONS CONTAINED HEREIN ARE SUPPLEMENTAL," PROVIDING FOR SUPPLEMENTAL FORMS OF ENFORCING THE VILLAGE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. 7. Ordinances First Reading: The ordinance was read, by title, by the Village Clerk, amending Chapter 21 of the Village Code relating to setbacks. Mayor Hirsch) opened the public hearing. Mayor Hirsch) explained that there are some changes in the Security District regarding setbacks for pools and other structures. Dina Cellini, Resident — 211 Bal Cross Drive, questioned what was being amended. Mr. Weiss responded that this came up at an Architectural Review Board meeting because people were having some difficulty constructing pools. Dan Nieda, Building Official, stated this was brought about through review of situations where there are pools on corner lots. There was not a specific section in the Code for pools, so a section was created specifically for the R-2 District that addresses the rear setbacks, side setbacks, and the conditions when there's a pool on a corner lot. It specifies what those setbacks should be. The rear setback will be 10 feet (which was in the Code previously), the side setbacks will be 10 feet (which was enforced, but not specifically written anywhere) and setbacks for a pool on a corner lot of either 20 feet or 30 feet to the inside face of the pool structure, depending on what the plat dictates. Pool decks may encroach on that setback as long as it does not encroach on the 5 foot utility easement. The deck also has to be maintained within 18 inches of the crown of the road, in terms of vertical control. Mayor Hirsch) explained that the Village re -did a lot of the single family zoning codes recently and this is a cleanup of something that wasn't detailed properly. There being no additional comments, Mayor Hirsch) closed the public hearing. A motion was offered by Councilman Boggess and seconded by Councilman Roth to adopt this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff ave: Councilman Boggess aye; Councilman Gorson ave: Councilman Roth ave. Thus Regular Council Meeting 05/16/2000 2 19 becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE PROVISIONS OF CHAPTER 21 "ZONING," OF THE BAL HARBOUR CODE RELATING TO SETBACKS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY AND EFFECTIVE DATE. 9. Reports and Recommendations: A. MAYOR AND COUNCIL: None B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Ratification of Beach Master Plan Workshop Approval: Mr. Treppeda explained that this item is not in the agenda; however, the approval of the Beach Master Plan that was discussed at the Workshop Meeting needs to be ratified. Assistant Mayor Tantleff suggested placing one water fountain along the beach. Mayor Hirsch) stated the engineers can look at that at come back to the Council. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve ratification of the decision made at the Workshop Meeting to move ahead with the new conceptual plan, which provides a new jogging path and beautification of the current access road, while maintaining vehicular access for the oceanfront buildings and to eliminate the bench behind the Majestic and to provide adequate space at the beach access points of all oceanfront buildings. 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 Park Project: Mr. Treppeda explained that five bids were received for the Bal Harbour Park Project as follows: Danco Development (Low Bidder) $ 444,529.25 Coral -Tech $ 556,900.00 Siga $ 611,096.00 Kalex Construction $ 628,000.00 M. Vila & Associates $ 724,648.00 Mr. Treppeda stated that the Village Police Department did a background check on Danco Development. He reported that no major disqualifying problems were found and 15 reference letters were received. Mr. Treppeda recommended selecting Danco Development. Councilman Boggess questioned if the company will be bonded. Mr. Treppeda responded it is required that they be performance and payment bonded. Assistant Mayor Tantleff questioned if the balance of the funds will come from next year's budget. Mr. Treppeda responded yes. Assistant Mayor Tantleff requested that the bid be kept to, without a lot Regular Council Meeting 05/16/2000 3 21J of change orders. Mr. Treppeda stated that Lin Lee, C.A.P, Engineers, will watch closely to be sure that any request for change orders are legitimate. Mrs. Horton stated if a contract is entered into this budget year, then the funds have to be in this budget year, per the auditors. Mr. Treppeda stated in that case, it will come out of the $1.6 reserve. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve Danco Development. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye: Councilman Boggess aye: Councilman Gorson aye; Councilman Roth aye. Mr. Whitman questioned if resort tax monies are being used for this. Mayor Hirsch) stated no; ad valorem taxes will pay for the park. Appointment to Architectural Review Board: Mr. Treppeda explained that Miguel Rodriguez resigned because he will be serving on the Governor's Planning Council in Tallahassee. Mr. Treppeda reported that three resumes have been received of interested candidates: Robert Parsley III (Landscape Architect), Kenneth Eric Gardner (Landscape Architect), and F. Antonio Rosabal (Architect). Mr. Nieda stated that the Board would like to have a Landscape Architect. The Council requested that Mr. Nieda interview the Landscape Architects and make a recommendation at the next Council meeting. Ms. Cellini requested that the Civic Association have some input. Mr. Treppeda will advise the Civic Association when the interviews are scheduled. Council Appointment to Police Retirement Board: Mr. Treppeda explained there's a problem with the Council members also being appointed to serve on the Police Retirement Board. Two residents of Bal Harbour need to be appointed. It was the consensus of the Council to defer this item. Council members should submit names within two weeks to the Village Manager. Mr. Treppeda is to check with the names submitted to see if they are interested in serving. Discussion of 96th Street Landscaping Project: Mr. Treppeda explained that the Surfside Commission has decided that they don't have any money to contribute to this project. Mr. Treppeda reported that their share would be $189,000, which is the most expensive component of the project. Councilman Boggess stated the Village has always done everything for Surfside and he would like to see a stop to that. Councilman Boggess proposed to landscape the north side and median only, as opposed to the south side. Assistant Mayor Tantleff agreed. Mayor Hirsch) stated that 961Street is a main entrance to Bal Harbour and it wouldn't look good without the south side landscaped also. Councilman Boggess stated it reflects poorly on Surfside, not Bal Harbour. Mayor Hirschl stated its tourist money, which drives business to Bal Harbour, and aesthetically it would look better to include the south side. Councilman Roth stated the south side can always be done in the future. Stanley Whitman, Bal Harbour Shops, stated that this is the entry to the Village and suggested since this whole project and funding originates with resort tax money, that the Resort Tax Committee should give their recommendation. Mr. Whitman feels if the Council doesn't ask the Committee for their recommendation on resort tax funds, then the Committee shouldn't exist. Mr. Whitman stated the Resort Tax Committee asked for the Regular Council Meeting 05/16/2000 4 21 landscaping of 96th Street. Assistant Mayor Tantleff requested that letters be sent to the Surfside Commission telling them how outraged that he is personally that they never contribute a dime to beautification of their Town. Assistant Mayor Tantleff stated there are businesses in Surfside that love using the Bal Harbour name and being associated with Bal Harbour, but they don't want to contribute a dime. Assistant Mayor Tantleff stated that he supports this, but he's outraged that Surfside won't contribute any money. Councilman Gorson stated it will look terrible if the south side isn't done. Mayor Hirsch) thinks the outrage is legitimate, but feels if the Village can financially do this project, then both sides of 96th Street should be included to benefit Bal Harbour. Councilman Roth stated another consideration is that the fund balance of the beach maintenance fund would have to be used to fund this project. Councilman Boggess stated the Council can't do that until it passes the ordinance allowing it to tap that fund. Mr. Weiss stated there was an ordinance on the agenda that would have allowed that money to be borrowed. Mayor Hirsch) stated that it was the position of the Council that when the Village needed it, then that ordinance would be passed if the Council so desired. Mr. Treppeda stated it will be about a year before the Department of Transportation (D.O.T.) starts their project. Mayor Hirsch) stated from a concept standpoint, they're asking for engineering fees today. Councilman Boggess questioned if the engineering fees should be charged to resort tax, or if some should be borne by Village due to work being done by D.O.T. Mayor Hirschl thinks this project has been initiated as a resort tax expenditure. Councilman Boggess requested that it be investigated. Lin Lee, C.A.P. Engineering, addressed the Council and stated the D.O.T. project covers resurfacing and doing drainage work for 96th Street. The Village's project is major landscape work. Councilman Boggess questioned about replacing the curbing. Mr. Lee responded that D.O.T. will replace the median curb. Mr. Whitman stated that he and Mr. Treppeda had many meetings with D.O.T. on this drainage project, and its not clear to him that they won't participate. Mr. Whitman stated that they're taking out what's there. Mr. Treppeda stated they discussed landscaping with D.O.T. and D.O.T. had no enthusiasm for it, but there wasn't a firm denial on giving the Village a value receipt for what's being taken out. Mr. Whitman suggested exploring that. Mr. Treppeda stated the Village is also trying to get a grant from D.O.T. for this project. Lt. Jay Smith, Bal Harbour Police Department, stated he explored a grant, but the project has to be permitted by February, so the Village wasn't eligible for it this year. They did review the plans and D.O.T. did agree to change the curbs to the type that will allow the Village to have trees in the median. Mr. Treppeda stated the Village will apply for a grant next year. Lt. Smith stated the grant was $200,000 maximum. Mr. Treppeda stated they're asking for approval of engineering fees today so they can get the plans ready for the Village to go out to bid in the future. Mayor Hirschl stated C.A.P. Engineering's proposal is for engineering services to complete 96 Street landscaping and Bradshaw Gill is their sub -contractor for this project. Councilman Boggess questioned if the $586,720.00 includes the engineering fees and the landscaping. Mr. Lee stated its for the civil engineering, landscaping and electrical design for the lighting. Regular Council Meeting 05/16/2000 5 22 A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $57,800.00for engineering fees for C.A.P. Engineering. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Assistant Mayor Tantleff questioned if the Legislature approved a grant for the Village to improve the beach for $150,000 that Governor Bush may veto. Mr. Treppeda stated that Village Lobbyist Ron Book wants to meet regarding a strategy do avert a veto. Discussion of Surf-Bal-Bay Library Contract: Mr. Treppeda explained that Bay Harbor had decided to stay in the system and now Surfside is looking to expand the term of the agreement to 5 years. He reported that Bay Harbor wants to keep the contract as it is now, with 90 days notice to opt out. Mayor Hirschl stated the Village would commit to a fiscal cycle, but can notice that it wants out at the end of any fiscal cycle. Mr. Treppeda stated that's the way that it has been. It was the consensus of the Council not to change the current contract. Request for Expenditure of Forfeiture Funds: Mr. Treppeda explained that the Village was on a loaner program with Kawasaki for a jet ski and the Chief feels that it's not feasible to continue with the restrictions that they're placing on the program now. Chief Freeman would like to use $6,480.00 to purchase a jet ski that Bal Harbour will own and maintain on its own. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $6,480.00 in forfeiture funds to purchase a iet ski for the Police Department. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Recommendations of Resort Tax Committee: Mr. Treppeda requested approval for the following recommendations approved by the Resort Tax Committee: 1, Three FAM Trips by Ana Sanchez Public Relations $ 6,610.00 2. Travel Video Production by Jill Beach Productions $ 15.775.00 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $22,385.00 for recommendations made by the Resort Tax Committee at their meeting on May 11� 2000. The motion carried with the vote as follows: Mavor Hirschl ave; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth ave. Mr. Treppeda reminded the Council that Janet Reno is coming to the Sheraton Bal Harbour on May 25thto address a Women's Attorney Group. Mr. Treppeda stated the Code Enforcement position has been advertised three times. There was one candidate that was suppose to start in one week, but that fell through. Mr. Treppeda reported that he is continuing his search for a Code Enforcement Officer. 9. Other Business: Assistant Mayor Tantleff reported that he was recently made the Chairperson of the Miami Regular Council Meeting 05/16/2000 6 23 Dade Office of Film, Print and Entertainment. He explained that they are now doing FAM trips and invited the Council to attend a trip. Mayor Hirsch) requested to bring the business to Bal Harbour. Dan Nieda, Building Official, addressed the Council and stated that Councilman Gorson had brought up the issue that any landscaping done on 96th Street is like a railroad track. So, plant material is needed on both sides of the street, otherwise it will look awkward. Mr. Nieda stated concerning the library, Bal Harbour benefits directly from participating in the library because the Community Rating. System, which the Village gets a 10% discount on flood insurance, is contingent upon having facilities at the library where the flood material information is kept. That's a federal requirement for the discount. IO. AdlOarn: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Boggess to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 3:50 p.m. Mayor Andrew R. Hirsch) Attest: Jeanette Horton,tMC/AAE/CLO Village Clerk /elw Regular Council Meeting 05/16/2000 7