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HomeMy Public PortalAbout2000-06-20 Regular Meeting24 COUNCIL MINUTES REGULAR MEETING - JUNE 20, 3000 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 20, 2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Mayor Hirschl. 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 Ellisa Wright, Deputy Village Clerk David Wolpin, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Pat Tumpson, 3. Approval of Minutes: A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the minutes of the May 9, 2000, Special Council 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 Gorson to approve the minutes of the May 12, 2000, Council Workshop Meeting. The motion carried unanimously (5-0),. and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve the minutes of the May 16, 2000, Regular Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. Mayor Hirschl stated that Priscilla Whitehead would like to address the Council. Priscilla Whitehead, Associate Pastor — Church by the Sea and Bel Harbour resident, addressed the Council and discussed the issue of the Church's use of the Bal Harbour Shops facility for parking. Reverend Whitehead stated that the Church shows the goodwill generated by Bal Harbour and advertises for it through its television program weekly, which is viewed by 80,000 to 100,000 people. She explained that the Church has been threatened by the imposition of a $4 an hour parking fee, per vehicle, by the Shops. Reverend Whitehead stated that the whole situation has resolved as a result of arrangements made by the Church when it purchased the property, the difficulty of having tangible agreements, and perhaps the predecessors on the Council that gave away any public parking that there was in the Business District of Bal Harbour through the variances allowed to the Shops. Reverend Whitehead stated that there has been legal action initiated by Mr. Whitman against the Church to have a judgment made that the Church doesn't have any parking rights there. Reverend Whitehead advised that a grass roots organization has Regular Council Meeting 06/20/2000 I been formed "Bal Harbour Villagers for Public Parking." She explained that Mr. Pastel is the Attomey for that organization. Marvin Pastel, Esquire — Becker & Poliakoff, P.A., addressed the Council and explained that he represents the "Bal Harbour Villagers for Public Parking, Inc.," which is a non-profit organization being created for the advocating of public parking in the Bal Harbour area. Mr. Pastel reviewed the principals of the organization. He explained that the present controversy has brought about the concem of the lack of public parking in Bal Harbour in the Business District. Mr. Pastel stated that the purpose at this meeting is to plant the seed for the Council to consider the creation of a Committee to generate ideas as to how to create more public parking. Such ideas could include: angle parking along Collins Avenue, re -opening a portion of Camden Drive that is not being used by the Shops parking garage, and eminent domain of other areas that can be used for parking. Mr. Pastel stated that at a later date they will request to speak further about this matter. 4. Presentations - Officer of the Month: None 5. Public Hearings: None 6. Resolution/Public Hearing: The resolution was read, by title, by the Village Clerk, amending the provisions of Chapter 21, relating to setbacks. Mayor Hirsch) opened the public hearing. There being no comments, Mayor Hirsch) closed the public hearing. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to adopt this resolution. The motion carried unanimously (5-0), thus becoming: RESOLUTION NO. 607 A RESOLUTION OF THE BAL HARBOUR VILLAGE LOCAL PLANNING AGENCY RECOMMENDING ADOPTION OF AMENDING THE PROVISIONS OF CHAPTER 21, "ZONING," RELATING TO SETBACKS ATTACHED HERETO AS EXHIBIT "A," PROVIDING FOR AN EFFECTIVE DATE. 7. Ordinances Second Reading/Public Hearings: 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. There being no 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 aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. 451 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE PROVISIONS OF CHAPTER 21 "ZONING," OF THE BAL HARBOUR VILLAGE CODE RELATING TO SETBACKS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY AND AN EFFECTIVE DATE. 8. Ordinances First Reading: None 9. Reappointment of Members to Architectural Review Board: Mrs. Horton explained that every two years the Council re -appoints members to Regular Council Meeting 06/20/2000 2 25 26 the Architectural Review Board. She reported that Mr. Silvers, Mr. Balli, Mr. Buzinec, and Mr. Beltran (ex-officio member) have agreed to serve another two year term. Also, the Council had directed the Building Official and Dina Cellini, Bal Harbour Civic Association, to interview landscape architects. They have recommended Robert Parsley III to be appointed to the Board. Ms. Cellini stated that the Civic Association thinks that Mr. Parsley is very well qualified. Mayor Hirsch) stated that another opening is available (Hector Oliva is resigning) and thinks that the Civic Association should have their input on that selection. Once names are received, Mr. Treppeda will set the interview up again. A motion was offered by Councilman Boggess and seconded by Councilman Roth to reappoint Mr. Silvers, Mr. Balli, Mr. Buzinec, Mr. Beltran, and to appoint Mr. Parsley III to the Architectural Review Board. The motion carried with the vote as follows: Mayor Hirschl ave: Assistant Mavor Tantleff ave; Councilman Boggess ave; Councilman Gorson ave; Councilman Roth aye. 10. Reappointment of Members to Resort Tax Committee: Mrs. Horton explained that the members of the Resort Tax Committee are re -appointed starting in July. She reported that the current members (Mr. Kalas, Mr. Noboa, Mr. Valdes, and Mr. Whitman) are willing to serve again. She explained that Councilman Boggess is the Chairman of the Committee. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to reappoint Mr. Kalas, Mr. Noboa, Mr. Valdes, Mr. Whitman and Councilman Boggess to the Resort Tax Committee. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess ave; Councilman Gorson ave; Councilman Roth aye. 11. Reports and Recommendations: A. MAYOR AND COUNCIL: Councilman Boggess Discussion of Multiple Family (RM) Residential District Land Use Study: Councilman Boggess deferred this item to Michael Miller, Village Planner. Mr. Miller explained that he attended a meeting with Councilman Boggess to discuss the RM land use areas, which are the multi -family uses on the west side of Collins Avenue and the row just north of the Shops in the Security District. Mr. Miller stated that he is here to present the position paper to the Council and to inspire the members to think about it and discuss it. He reported that some of the properties are 50 years old and some of the architectural features (jalousie windows, landscaping, etc) aren't up to current standards. The idea was to tweak the RM district since the Single Family areas and the Bal Harbour Club have already been fine tuned. Mr. Miller stated that the existing regulations keep the development limited to about 3 story buildings and are delineated for a specific number of dwelling units. One idea was to encourage redevelopment both architecturally and by allowing extra height. Another idea was to have a mixed use arrangement along the west side of Collins Avenue to possibly have non-residential commercial uses on the first floor with residential uses above. Mr. Miller reported that there are funds from the State of Florida since Bal Harbour is in a coastal area. He reported that the City of Deerfield Beach was successful in obtaining millions of dollars to assist both residences and business owners in hurricane proofing and updating buildings. Mayor Hirschl thinks it's an exciting discussion because it's important to always be talking about ways to make Bal Harbour a better place. Mayor Hirsch) stated that even though those properties are well -kept now, it could be a future problem area for the Village. So, he thinks it's wise to sit down in a workshop meeting to discuss ideas. Regular Council Meeting 06/20/2000 3 27 Councilman Boggess stated that the buildings were built in the late 40's and early 50's and they're small. He discussed fires, hurricanes, etc. and the need for a plan for redevelopment. The Council directed Mr. Treppeda to schedule a Council Workshop Meeting to discuss this item and to invite Mr. Miller and other interested parties. Assistant Mavor Tantleff: Assistant Mayor Tantleff reported from the Dade County League of Cities that all financial disclosures will now be listed on the Internet. Coastal Communities Meeting Update: Assistant Mayor Tantleff explained that he attended the Coastal Mayors Meeting. He stated that in Broward County, where the living coral reefs are, they have buoys for boats to tie up to instead of throwing anchors that crush the reefs. He reported that at the meeting, a resolution was approved that was brought forth by Golden Beach proposing for Dade County to do the same thing. He reported that with regards to Miami Beach High School, they are looking to either build a new one or renovate the old one. It will cost $26 million to renovate and $50 million to build a new one. Discussion of Maiestic Fountain: Assistant Mayor Tantleff explained that Mr. Oren, Majestic Developer, had plans of the Village placing a Bal Harbour sign at the Majestic property, which was previously discussed by the Council. Mr. Treppeda stated that it was discussed when Bill O'Leary was working on the bus shelter project. Once Mr. O'Leary was no longer working on the project, it was not discussed again. Mr. Treppeda displayed the plan. Mayor Hirsch) thinks that the Council had decided to leave the signage the way it was. Mr. Treppeda believes that was correct and that's why the plans were never proceeded with. Mayor Hirsch) questioned if there's interest to discuss this further. Mr. Treppeda stated if the Council would like to, it's the right time of year to discuss it (budget time). Mr. Treppeda thinks the conceptual was prepared for the Majestic side, but it was also discussed having it on both sides. Councilman Boggess suggested tabling this discussion since nobody is clear on the project. Mayor Hirsch) stated that the discussion is in the minutes if Mr. Treppeda would like to send copies to the Council for further discussion. Mavor Hirsch): Mayor Hirsch) reported that he has received several phone calls from residents regarding the lack of a food store in Surfside. Mayor Hirsch) requested that Mr. Treppeda contact Surfside and ask Bay Harbor to join Bal Harbour in finding a grocery store to come in. The Village should help to encourage this if it can. Mayor Hirsch) stated that Dade County is still leaning towards a golf training and tennis center for the rehabilitation of the Haulover area. Bal Harbour is still trying to push for an executive golf course and is working with Gwen Margolis. Mr. Treppeda reported that the Village received a $150,000.00 grant for the Beach Master Plan. B. VILLAGE ATTORNEY: Mr. Wolpin requested an Executive Session to Regular Council Meeting 06/20/2000 4 28 discuss the Bal Harbour Club litigation. C. VILLAGE MANAGER: Approval of Beer & Wine License (2COP) for Condo Food Services, Inc. (at Majestic Restaurant): Mr. Treppeda explained that this is for a restaurant at the Majestic to be operated by former Cocos restaurant owner, David Michikovsky. He stated that the Village Code requires that the Council grant an approval before a license is issued. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve a beer & wine license (2COP) for Condo Food Services, Inc. at the Majestic Restaurant. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Appointments to Police Retirement Board: Mr. Treppeda explained that Councilman Boggess has submitted three names and Tony Riso, Jack Looby, and Edward Garazi have all agreed to serve if selected. Mayor Hirsch) submitted the names of Sean Clancy and Sandra Tarman, who have both agreed to serve if selected. Mayor Hirsch) explained that Mr. Clancy currently sits on the Pension Board for the Archdiocese of Miami ($100 million pension account). Ms. Tarman is a private investor who has an MBA degree. Councilman Boggess stated that his concern was to find someone who is fiscally conservative. Councilman Boggess explained that Anthony Riso is a very successful businessman, Jack Looby practically built the Village and is conservative, and Edward Garazi is an attorney and a successful businessman. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to appoint Sean Clancy as a member of the Police Retirement Board. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff axe' Councilman Boggess ave; Councilman Gorson aye; Councilman Roth ave. A motion was offered by Councilman Boggess and seconded by Mayor Hirschl to appoint Edward Garazi as a member of the Police Retirement Board. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth ave. Approval of Purchase of Bucket Truck for Public Works: Mr. Treppeda explained that the current bucket truck is 12 years old and needs to be replaced. He reported that $107,000.00 was budgeted and Mr. Wheldon found one on the Palm Beach County bid for $94,907.00. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $94,907.00 to purchase a bucket truck from the Palm Beach County Bid #00-007/PP. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess ave; Councilman Gorson aye; Councilman Roth aye., Discussion of Mailboxes in Security District: Mr. Treppeda explained that an ordinance was passed recently that requires that mailboxes be located on the dwelling near the residence entry point or, if freestanding, within 10 feet of the Regular Council Meeting 06/20/2000 5 dwelling. The object was to get the mailboxes off of the curb. Mr. Treppeda explained that a lot of the new homes have gates and walls. Most of the time the gates are locked and there's no way for a mailperson to get in. Mr. Treppeda displayed samples of homes with gates and walls. Mayor Hirschl stated that the intent of the ordinance was to get them away from the curb, so if there's a way to modify it to affix the mailboxes to the wall, then that would be okay. Mr. Wolpin feels that a clarifying amendment would be appropriate to resolve that. The house showing the mailbox affixed to the wall is consistent with the intent, but not the literal wording. Mayor Hirsch) stated that in the future, the Building Department should encourage a design that has a pass -through on the posts of the walls. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to authorize the Village Attorney to prepare the necessary amendment to the Village Code for mailboxes. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Discussion of 96th Street Landscaping: Mr. Treppeda explained that Bradshaw, Gill & Associates have been given authorization to begin doing the construction documents for landscaping on 96th Street, including the Surfside side (east bound side). He advised that Surfside will have to approve the Village to put anything on their side and advised that the Village needs to get that in writing. Surfside Town Manager, Eduardo Rodriguez, has advised that the Surfside Commission hasn't approved anything and has suggested that someone from the Village Council speak to Surfside's Mayor about it. Mayor Hirsch) stated that when he spoke to their Mayor earlier about this, there wasn't a problem. Assistant Mayor Tantleff reported that Surfside wants to see what they can do to help and get along better. Mayor Hirsch) stated that Councilman Roth had suggested landscaping the north side and that the Village can always go back and landscape the south side. Although, it would look better to landscape the entire street. Councilman Roth stated that some residents have expressed to him that they are opposed with the Council thinking about paying for the landscaping of the Surfside portion because they're in litigation with Surfside with regards to the synagogue. Councilman Roth doesn't think it's feasible to spend money to improve Surfside's property because they have been uncooperative regarding the traffic, etc. Councilman Boggess stated that Stanley Whitman feels that the whole street should be done, but he is reluctant to have to get Surfside's permission to improve their property. He feels that Surfside needs to be more cooperative before the Village does this. Assistant Mayor Tantleff understands the argument that it would look better if both sides were done, but he agrees with Councilman Boggess and Councilman Roth in just doing the Village's side. Councilman Gorson thinks that it will look peculiar if only one side is done and stated that people think that all of 96th Street is Bal Harbour's. Mayor Hirschl stated that the median is co -owned and Surfside has to approve Bal Harbour to landscape on their side of the median also. Mayor Hirsch) thinks that if the Village lushes up all of 96th Street, it will help the image of Bal Harbour and enhance real estate values. He feels that it mandates the Council to consider landscaping all of 96th Street. Mayor Hirschl stated that the Council needs to think about this long-term. Councilman Boggess suggested that Mayor Hirsch) or Mr. Treppeda see what can be worked out with Surfside and what they will require. If it's reasonable, then perhaps the Village should do it. If they're unreasonable, then the Council knows what it can do. It was the consensus of the Council to defer this item. Update — Vila & Son: Mr. Wolpin reported that Vila & Son was sent a letter demanding that they comply and perform in accordance with the landscape contract, which requires them to provide 36 palm trees of a particular height and size. They did not take any action and instead sent a letter back stating that they do not have those 29 Regular Council Meeting 06/20/2000 6 30 trees available and would not comply. Therefore, tomorrow their bonding company will be notified and the Village will proceed in that direction. They have posted a performance bond as required by the contract, so this will become a claim matter and potentially a litigation matter. Effective tomorrow, the Village is formally notifying the surety company. Mayor Hirschl questioned if Vila has an argument that too much time elapsed to get the tree. Mr. Wolpin replied in his opinion they do not have any good argument whatsoever on this. In fact, the contract specifically says that a Notice to Proceed with the landscaping will not be given until the guardhouse project is ready for that. So, any delay is clearly the fault of Vila and not the Village and under the contract, which they executed, the Village is not responsible for delays. The contract is very clear in the type of tree with exact specifications. Vila & Son could have negotiated protections into the contract to provide some specific time limits or, once they saw that the particular trees were going to become scarce, they could have spoken up and asked the Village to buy those trees at that time. However, they didn't do anything to protect themselves and let it slip through the cracks. Councilman Boggess questioned that if the Village proceeds with this action and the bonding company pays the Village ,if the trees are available through another purveyor. Mr. Wolpin envisions that the bonding company will become involved and will end up installing trees of a better caliber, if necessary, in order to comply with the contract. All the Village is asking for is trees that minimum comply with the specifications of the contract. Mayor Hirsch) questioned when the Village bids out the landscaping for the Master Beach Plan and 96th Street, if it can step by Vila & Son even if they are the lowest bidder. Mr. Wolpin will research that further, but it is his opinion that the Village would not be able to stop them from bidding, but it could likely consider their breech of contract as a basis for rejection of bids in future projects. Mayor Hirschl would like a report back on this issue. Mr. Wolpin stated that the Village is not bound to award strictly a low monetary bid and is allowed to take into consideration experience, past performance, etc, Update — Beach Master Plan: Mr. Treppeda reported that he is waiting to receive 3-4 Certificates of Owner's Authorization Forms from the oceanfront property managers to proceed with the permitting. 12. Other Business: None 13. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Gorson to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 3:55 p.m. Mayor Andrew R. Hirsch) Attest: dicY �anette Horton, C C/AAE/CLO Village Clerk /elw Regular Council Meeting 06/20/2000 7