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HomeMy Public PortalAbout2000-07-18 Regular MeetingCOUNCIL MINUTES 53 REGULAR MEETING - JULY 18, XWW The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 18, 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: Mayor Andrew Hirschl Assistant Mayor Daniel Tantleff Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour Roth Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Wright, Deputy Village Clerk Richard J. Weiss, Village Attorney Daniel Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. Z. Pledge of Allegiance: The Pledge of Allegiance was led by Alfred Treppeda. 3. Avyroval of Minutes: A motion was offered by Councilman Roth and seconded by Councilman BoRkess to approve the minutes of the June 20, 2000, Recular Council Meetink. The motion carried unanimously (5 -0), and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the June 28, 2000, Special Council Meetinz 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: An ordinance was read, by title, by the Village Clerk, amending Chapter 13 of the Village Code relating to the investment standard for the Police Pension Board. Mayor Hirsch] opened the public hearing. There being no comments, Mayor Hirschl closed the public hearing. A motion was offered by Assistant Mayor Tantleff 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 Bojwess absent: Councilman Gorson aye: Councilman Roth aye. Thus becoming: Regular Council Meeting 07/18/2000 34 ORDINANCE NO. 452 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 13, "PENSIONS AND RETIREMENT BENEFITS," ARTICLE II, "EMPLOYEE'S PENSION PLAN," SECTION 13 -47, "MANAGEMENT OF FUNDS" AND SECTION 1348, "RETIREMENT BOARD" TO REVISE THE INVESTMENT STANDARD FOR THE POLICE PENSION BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. An ordinance was read, by title, by the Village Clerk, as follows: AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, PROVIDING FOR REZONING FROM THE "PC" PRIVATE CLUB ZONING DISTRICT TO THE "OF" OCEAN FRONT ZONING DISTRICT OF THE "BEACH CLUB SITE" SHOWN AS TRACT "A" ON THE PLAT OF "OCEAN FRONT SECTION OF BAY HARBOR" RECORDED IN PLAT BOOK 44, AT PAGE 27, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LOCATED AT 10201 COLLINS AVENUE IN BAL HARBOUR; AMENDING SECTION 21 -78 "DISTRICT MAP," SECTION 21 -147 "BOUNDARY DESIGNATION" AND SECTION 21 -282 "BOUNDARY DESIGNATION" OF CHAPTER 21 "ZONING" OF THE BAL HARBOUR VILLAGE CODE TO REFLECT THE REZONING OF THE PROPERTY AS DESCRIBED ABOVE; PROVIDING SEVERABILITY, PROVIDING EFFECTIVE DATE. Mr. Weiss recommended that the public hearing on this matter be continued until the next Council meeting. He advised that per the Council's instructions, his firm has filed various forms of appeal of the Order that had asked the Village to rezone this property. No decision has been received as of yet on the appeals. A motion was offered by Councilman Gorson and seconded by Councilman Roth to defer this ordinance until the September 19, 2000, Council Meeting. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye: Councilman Boggess absent, Councilman Gorson aye: Councilman Roth aye. 7• Ordinances First Reading: None S. Resolutions: A resolution was read, by title, by the Village Clerk, supporting the Miami -Dade County Relations Board resolution. Mayor Hirschl explained that he received this resolution from Judge Seymour Gelber regarding the relations of all Dade County residents. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this resolution. 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: RESOLUTION NO. 608 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, SUPPORTING THE MIAMI -DADE COUNTY COMMUNITY RELATIONS BOARD RESOLUTION ENACTED JUNE 21, 2000, WHICH SUBSCRIBES TO A PLEDGE TO ASSIST IN DIMINISHING THE DIVISIVENESS CREATED AS A RESULT OF THE ELIAN GONZALEZ ISSUE. Regular Council Meeting 07/18/2000 35 q. Discussion of Regional Park - City of North Miami Mayor Frank Wolland: This item will be discussed once Mayor Wolland arrives. 10. Selection of Budget Hearing Dates: Mr. Treppeda explained that the Council can select September 5 and September 19th, or September 7 and September 19th. He advised that the second hearing is usually on the same day as the Council meeting. It was the consensus of the Council for the Budget Hearings to be scheduled for September 7. 2000, and September 19, 2000, after 5:00 p.m. 11. Retorts and Recommendations: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff: Assistant Mayor Tantleff urged Council members to attend the annual Florida League of Cities Conference in Fort Lauderdale in August. Assistant Mayor Tantleff advised that the hours for the Bal Harbour bus have changed from 10:00 a.m. through 2:00 p.m. to 9:00 a.m. through 1:00 p.m. for the summer months. Assistant Mayor Tantleff stated during the first or second week in August, a FAM trip will be held to Miami Beach for a movie being filmed with Tim Allen and Rene Russo. Any Council members interested in attending should contact him. Councilman Roth: Councilman Roth discussed giving a contribution of $500 to Adopt -a -Class for underdeveloped schools and suggested adopting 2 classes for $1,000.00. Mayor Hirschl advised that the Village adopts 2 classes at Bay Harbor Elementary School each year because it's the feeder school for Bal Harbour students. Councilman Roth stated that Bay Harbor Elementary School is not an example of an inner City school. It was the consensus of the Council that was a good idea to adopt I class at Bay Harbor Elementary and 1 class at an inner City school. Mayor Hirschl suggested having a representative of the Adopt -a -Class organization (James Roserberg- Executive Director) appear before the Council. Mayor Hirschl: Mayor Hirschl discussed the problems with Vila & Son and the Security District Guardhouse Project. He suggested that when other proposals are received in the future from Vila & Son, that previous problems should factor into the consideration of hiring them in the future. Mayor Hirschl stated that it doesn't matter if they're the low bidder if they can't honor the contract. Robert Wheldon, Public Works Director, stated that not only did Vila & Son have a problem with the Date Palms, but the landscaping around the guardhouse did not meet the specs for the job either. Mr. Wheldon agreed with Mayor Hirschl. Mayor Hirschl requested that Mr. Wheldon send a memorandum to Mr. Treppeda for the file regarding the difficulty that the Village has had with Vila & Son. Mayor Hirschl reported that per the Council's direction, he met with Mayor Novack, Town of Surfside, who advised that Surfside is looking for a global arrangement with Bal Harbour on various issues (Abbott Avenue traffic, Bal Harbour park, Bal Harbour density, various Bal Harbour code issues that they would like to see modified and discussed, etc.). Mayor Hirschl advised that at the current time, the landscaping proposed for the south side of 96th Regular Council Meeting 07118/2000 3 36 Street has not been agreed to by Surfside. Mayor Hirschl advised that he has received complaints regarding business entities outside of Bal Harbour using the Bal Harbour name. Mr. Weiss advised that the Village can go to the Attorney General's office. He reported that Aventura had this problem and his firm determined that it was really false advertising and the Attorney General's office has a consumer fraud division. The Attorney General investigated and, in that case, the advertising stopped. It was the consensus of the Council for Mr. Weiss to write a letter and pursue this issue with the Attorney General's office. Mr. Weiss requested copies of the ads that have been run and any complaint letters that have been received (including anonymous letter from the 10101). B. VILLAGE ATTORNEY: Mr. Weiss advised that he contacted the Village's other attorneys (Josias, Goren, Cherof, Doody, & Ezrol, P.A.) for the Bal Harbour Club litigation and reported that they are basically in accordance with what Weiss, Serota, Helfman is doing. C. VILLAGE MANAGER: Approval of Beer & Wine License (2COP) for Condo Food Santa Fe News & Espresso: Mr. Treppeda explained that the Code requires that the Village Council approves this prior to him signing the application. Mayor Hirschl explained that this is a take out establishment at the Shops. Mayor Hirschl's concern is that people will walk around the Shops with beer or wine because it's a convenience establishment and is not a "sit down and dining" establishment. Councilman Boggess suggested that the Council continue this and have the applicant appear to explain what they plan to do. Assistant Mayor Tantleff agreed with Mayor Hirschl. Councilman Boggess stated that a wine license was given to Cookworks with the understanding that it was to be used for cooking classes and demonstration purposes. Councilman Boggess stated that it wasn't a restriction that the Council placed on them necessarily, but that they came to the Council with that plea. Councilman Boggess stated that it is now a wine shop and wine is for sale. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Boepess to defer this item until the applicant appears before the Council. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye: Councilman BoPress aye: Councilman Gorson aye: Councilman Roth aye. Beach Master Plan Update — Coastal Systems: Laura Shepherd, Coastal Systems International, addressed the Council and reviewed the schedule for the Beach Master Plan. She advised that the Authorization Forms have been received from all condos and hotels, except for two, which will not delay the project because verbal authorization has been given (Board members are out of town). Ms. Shepherd advised that the goal is to issue the permit at the end of October, put the bid package together in the beginning of November, send the bid package out in the middle of November, receive bids by the end of November and select a Contractor, and begin construction in the beginning of December. She advised that the project will take 4 months to complete, which will be by the end of March. North Municipal Parking Lot Operating Hours: Mr. Treppeda explained that the North Municipal Parking Lot is the main trouble area in the Village. He advised that the lot should not be open 24 hours a day and suggested setting hours from 6:00 a.m. until 9:00 p.m. Mr. Treppeda advised that permission is needed from Miami- Regular Council Meeting 07/18/2000 Dade County to set hours and that currently Haulover closes at sunset. Mr. Treppeda 37 advised that the Army Corps wanted the parking available before sunrise because they feel that the public has the right to get out to the beach. Mayor Hirschl clarified that the hours are strictly for the parking under the bridge, not for people on the beach. Mr. Treppeda advised that if permission is granted, then vehicles would be towed that are parked at the lot during closed hours. A motion was offered by Councilman Gorson and seconded by Councilman Boeeess to approve operatine hours for the North Municipal Parkin Lot of 6:00 Mr. Treppeda will request permission from Miami -Dade County for the lot hours. Approval of Additional Nees for Vila dk Son Irrigation: Mr. Treppeda explained that Vila & Son had given an estimate of $10,000 to rework the irrigation on the large western median and to add timers to the eastern median and one on the 100 block of Bal Bay Drive in the Security District. That estimate was on a time and materials basis. Mr. Treppeda advised that as they got into the project, they did not have enough money to complete the work entirely. Mr. Wheldon stated that Vila knew how to fix the problem, submitted a bid, and then said that they didn't have enough money to fix it. Mr. Wheldon feels that there's no excuse for this. Councilman Roth suggested negotiating a fee with them (additional fees are $5,500.00). Assistant Mayor Tantleff does not want to pay additional fees. Mr. Wheldon stated that based on time and material, Vila & Son should have known better; however, they did do the work and the Village authorized them to go ahead. Mr. Wheldon feels that the Village should pay the additional fees, but keep this in mind since this problem with them is continuous. Mr. Wheldon advised that Vila & Son has become very argumentative and dealing with them has become very difficult. Mr. Wheldon suggested that in the future, the job should be drawn up showing exactly what will be done and the cost. Mayor Hirschl questioned if Vila advised the Village when $10,000 was spent. Mr. Wheldon responded no and that they finished the job first and then requested payment for additional fees. A motion was offered by Councilman Boeeess and seconded by Councilman Roth to approve additional fees for Vila & Son. The motion was denied with the vote as follows: Mayor Hirschl nay, Assistant Mayor Tontleff nay: Councilman Boeeess aye: Councilman Gorson nay: Councilman Roth aye. Discussion of Maiestic Fountain Sign: Mr. Treppeda explained that he could not find in the minutes when the Council decided not to do this job; however, he did find that Bradshaw, Gill & Associates had included it on their proposal. Mr. Treppeda questioned if the Council wants Bradshaw to continue making conceptual plans to put the Bal Harbour name on the fountain in front of the Majestic. It was the consensus of the Council to proceed with concept drawings. Mayor Hirschl advised that it doesn't commit the Council to doing it. Mayor Hirschl though that the sign in front of the SunTrust bank was considered to be adequate in previous Council discussions. Mr. Treppeda will tell Bradshaw Gill to proceed. Mayor Hirschl stated that if there's a substantial reduction in Bradshaw's fees not to do the conceptual plans for that, then the Council may not want to do it. Mr. Treppeda advised regarding the 96th Street issue, that a substantial part of Mr. Bradshaw's fee is for designing the Surfside side of the street. Mr. Treppeda questioned if Mr. Bradshaw should still proceed with that. Mayor Hirschl questioned the cost for the Regular Council Meeting 07/18/2000 38 design concept, not including the cost for landscaping material. Mr. Treppeda will look into that. Mayor Hirschl thinks that the ball should be kept rolling for both sides of 961h Street, unless there's a substantial reduction in design fees. Resort Tax Committee Recommendations: Councilman Boggess reviewed the following items approved by the Resort Tax Committee: 1. Fees from FAM trip by Ana Sanchez $3,570.00 2. Fees for attendance at the ABAV trade show in Brazil $6,500.00 3. Table for Project Newborn $1,500.00 A motion was offered by Councilman Gorson and seconded by Councilman Roth to approve $11,570.00 for the Resort Tax Committee Recommendations as presented. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tandeff aye; Councilman Boppess aye; Councilman Gorson aye, Councilman Roth aye. Discussion of Regional Park - City of North Miami Mayor Frank Wolland! Mayor Wolland addressed the Council and introduced Angus Laney, Assistant to the City Manager, who presented visual displays. Mayor Wolland requested support for the prospect of building a regional park at the Munisport site. Mayor Wolland reviewed the history of the site and advised that the area was a landfill from 1970 to 1978 for all communities in northeast Dade, including Bal Harbour. Mayor Wolland advised they are proposing to use the site for soccer fields, baseball fields, and a bicycle path. The park will cost about $12 million to build and they want to start building it out as part of the landfill closure program. The City of North Miami is proposing to lease it to the County. Mayor Wolland advised that Chairwoman Gwen Margolis and the Mayor of Miami -Dade County have indicated their support. He advised that resolutions supporting the project have been passed by the Town of Surfside, Town of Bay Harbor, City of North Miami Beach, City of Sunny Isles Beach, and other municipalities. Mayor Wolland stated that he is asking for Bal Harbour's support and he's not asking for any money. Mayor Wolland stated that the plans don't include an amphitheater, any kind of race track, or anything that they perceive will be burdensome. Mayor Wolland reviewed the proposed plans. Mayor Hirschl questioned if it's on the same site that the concept of an amphitheater was going to be placed. Mayor Wolland responded yes, it's the same site. Councilman Boggess questioned what commercial enterprises will be included in this. Mayor Wolland responded none; it's strictly a public park not for profit. He advised that there will be no restaurants (except perhaps a snack bar) and no large structures. If there is a structure, it will be to house basketball courts and a pool (recreation center). Mayor Wolland stated that the property sinks 5 -6 inches a year. Mayor Wolland stated that the proposal they are making to the County is for the next 100 years. Mayor Hirschl stated that Mayor Wolland is bringing something to the Council that is welcomed. Mayor Hirschl reported that the Village has been spending a lot of resources on defending not to have a race car center, amphitheater, or a use that would impact not only Bal Harbour, but the entire north Biscayne bowl. Mayor Hirschl is thrilled with the proposed plans. Councilman Boggess would like to get something in writing for assurance as to what this is going to be. Mayor Wolland advised that he can give written assurance, but this is a participatory undertaking. The City of North Miami is in the process of negotiating the terms of this proposal with the County. Ultimately, there will be an agreement between the Regular Council Meeting 07/18/2000 6 County and the City of North Miami for the project. Mayor Wolland stated that North Miami 39 doesn't intend to do anything other than what's on the plan and he is here to invite the Village to participate. Mayor Wolland stated that he cannot write any kind of legal document which will promise anything for the future, because he doesn't have that power. Councilman Boggess stated that he is delighted with the proposal. Mayor Wolland reviewed the plans which provide for roller hockey and multi - purpose courts, an aquatic center, picnic shelters, parking, tot lots, restrooms, youth baseball complex, adult softball complex, racquetball courts, soccer complex, youth soccer complex, etc. Mayor Hirschl questioned if the Council embraces this in a resolution form, if that would at all preclude the Village from continuing the efforts in Tallahassee, until the Village knows that this is a reality the Village can count on. Mr. Weiss stated that it does not. Mayor Hirschl thinks that this is something that the Village needs to embrace. A motion was offered by Councilman Boggess and seconded by Councilman Roth to endorse the concept of a regional park to be built on the Munisport site, subiect to reviewing final plans and specific uses. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff aye, Councilman Boggess aye: Councilman Gorson aye: Councilman Roth aye. 12. Other Business: Mr. Treppeda and the Council thanked Councilman Gorson for her work on the "Avenue of Mayors" located in the Conference Room. Assistant Mayor Tantleff requested that Mr. Treppeda have the Code Enforcement Officer look into Cookworks to make sure that the place is only using wine for cooking classes and to report back to the Council. Patricia Tumpson, resident - 10185 Collins Avenue, requested that the Police Chief instruct the officers to enforce the rules on the beach (bicycles and cars after dark) and to be more noticeable after dark. George Teichner, resident — 9601 Collins Avenue, addressed the Council and requested that it be placed on the next meeting agenda for residents of Bal Harbour to be exempt from the tourist tax in Bal Harbour. He suggested that residents could show their voting card or driver's license for proof of residency. Mr. Teichner questioned what happens to comments that are made by residents at Council meetings and if it gets discussed. Mayor Hirschl stated that it does get discussed. Mr. Teichner stated that he writes Mr. Treppeda letters. Mayor Hirschl stated that Mr. Treppeda copies the Council on all of the letters that he has received from Mr. Teichner. Mr. Treppeda stated that he has always told Mr. Teichner that if it's an issue for the Council, then he should show up under the "Other Business" category at the Council meetings. Mr. Teichner stated that there are 8 handicap parking spaces at the Majestic that were sold or assigned by the Developer to non - handicapped persons. He advised that Assistant Mayor Tantleff, Mr. Treppeda, and Councilman Roth all know it. Mr. Teichner stated that people are afraid of the Developer of the Majestic and they're afraid to do anything. Regular Council Meeting 07/18/2000 to Mr. Teichner stated that the Mystic does not have a pedestrian accessway from the main entrance of the building to 96 Street or Collins Avenue and 5 people have had near misses with cars hitting them. Mr. Teichner stated that every building in Bal Harbour on the east side has a pedestrian access way except for the Majestic. Mr. Teichner described how people get to Collins Avenue from the Majestic via the handicap entrance. Mr. Teichner read section 21- 385(p)(1) of the Code and advised that the handicap entrance from Collins to the Majestic does not lead to the principal structure, it leads to the extension of the garage door. However, there are then moving vehicles in the garage that a pedestrian has to go through. Mr. Teichner doesn't understand how the building was built without a pedestrian accessway from the lobby to Collins Avenue when it's in the Village Code as a requirement. Mayor Hirschl stated there are other buildings with the same situation. Mr. Weiss suggested that this issue be referred to the Building Official and if the Building Official thinks that it's a problem, then it can be referred to Code Enforcement. Mr. Weiss stated that some of these issues are private matters with the Developer. Councilman Roth questioned if this was brought to the attention of the President of the Condominium Association and the Board at the Majestic. Mr. Teichner responded yes and the Association asked him to present it to the Council. Mayor Hirschl requested that the Building Official report on the access to all the buildings. Dan Nieda, Building Official, stated that some of the issues should be addressed with the Association and the Developer. Mr. Nieda reviewed the Code and stated accessway is to be to the building, not the lobby. Mr. Nieda doesn't know of any buildings on Collins Avenue that meet the criteria of clearly marked accessways. Mr. Nieda suggested that Mr. Teichner use the accessible facilities in compliance with ADA. Councilman Boggess stated that the building has been turned over to the Association and it's the Association's responsibility if they want to have an additional walkway. Mr. Teichner stated that it's not a question of accepting the building from the Developer, it's a question of if the building conforms and he feels that the building does not conform. Mr. Teichner stated that the Bal Harbour Tower and Palace both have pedestrian access from Collins Avenue. Mayor Hirschl stated that the Building Official and Code Enforcement Officer will look into Mr. Teichner's comments. 13. Ad ourn: There being no further business to come before the Council, a motion was offered by Councilman Bovress and seconded by Councilman Gorson to adiourn. The motion carried unanimously (5 -0), and the meetiniz adiourned at 4.15 p.m. Mayor Andrew R. Hirschl Attest: Je,$ftette Horton, CI'V'IC /AAE /CLO Wage Clerk /elw Regular Council Meeting 07/18/2000