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HomeMy Public PortalAbout2000-09-19 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - SEPTEMBER 19, 2000 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September 19, 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 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 Police 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 July 18, 2000, Regular 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 September 7, 2000, First Budget Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. q. Presentations - Officers of the Month (Officer James Balikes and Sergeant Raymond Haselman): Chief Freeman announced that Officer Balikes and Sergeant Haselman were selected as "Officers of the Month" for July 2000. Chief Freeman explained that Officer Balikes was selected for solving the burglary of a laptop computer in the Security District through his thorough investigation and, in doing so, also prevented a future burglary that was also planned by the person that was arrested. Chief Freeman explained that Sergeant Haselman was selected for his professional command of an armed robbery/homicide scene on Bal Harbour's beach, which resulted in the apprehension of both subjects involved. Chief Freeman presented Officer Balikes and Sergeant Haselman with Officer of the Month plaques. Mayor Hirschl presented Officer Balikes and Sergeant Haselman with checks on behalf of the Council and Village. s. Public Hearings: None 6. Ordinance Second ReadinrJPublic Hearing Regular Council Meeting 09/19/2000 1 Continuation: 45 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. Wolpin requested that the Council continue this matter until the October 17, 2000, Council meeting since the matter is still pending in court. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to continue this ordinance until the October 17, 2000, Council Meeting. The motion carried with the vote as follows: Mayor Hirsch! aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye: Councilman Roth aye. 7. Ordinances First Reading: An ordinance was read, by title, by the Village Clerk, amending Chapter 5.5 of the Village Code relating to the placement of mailboxes. Mayor Hirsch) opened the public hearing. Mr. Treppeda explained that houses within the Security District with walls and/or gates at the front of the property will be required to locate their mailbox inside the wall with a pass through provided, or on the wall itself. There being no additional comments, Mayor Hirsch) closed the public hearing. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve 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 ave. Thus becoming: ORDINANCE NO. _ AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 5.5, "APPEARANCE CODE," ARTICLE II, "APPEARANCE PLAN," SECTION 5.5-5(4)d, "CRITERIA FOR APPERANCE - MISCELLANEOUS STRUCTURES AND STREET HARDWARE" TO REVISE THE STANDARDS FOR PLACEMENT OF MAILBOXES IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. An ordinance was read, by title, by the Village Clerk, amending Chapter 10 of the Village Code relating to the exclusion zone and motor vessel access corridor. Mayor Hirsch) opened the public hearing. Regular Council Meeting 09/19/2000 2 46 Mr. Treppeda explained that an ordinance was passed recently that would restrict motorboats and jet skis from coming close to the shore where there are swimmers in Bal Harbour. Mr. Treppeda advised that this is a technical correction to the Code that the Consultant recommended that the Village pass. There being no additional comments, Mayor Hirsch) closed the public hearing. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 10 "MARINE STRUCTURES, ACTIVITIES AND WAYS," BY AMENDING ARTICLE II "USE OF PUBLIC BEACHES," BY AMENDING SECTION 10-26 "DEFINITIONS" AT THE DEFINITION FOR THE TERM "EXCLUSION ZONE" AND AMENDING SECTION 10-32 "PROHIBITIONS; MOTOR BOAT RESTRICTED ZONES" AT PARAGRAPH (b) THEREOF, SO AS TO PROVIDE A LEGAL DESCRIPTION FOR THE EXCLUSION ZONE (SWIMMER SAFETY ZONE ALONG THE ATLANTIC BEACH AREA) AND FOR THE MOTOR VESSEL ACCESS CORRIDOR FROM THE BEACH TO THE ATLANTIC OCEAN THROUGH THE SWIMMER SAFETY ZONE; AND AMENDING PARAGRAPH (d) OF SECTION 10-32 TO UPDATE STATUTORY REFERENCES TO CONFORM TO CHAPTER 362 LAWS OF FLORIDA (2000); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. Assistant Mayor Tantleff questioned the time frame for the placement of buoys. Lt. Jay Smith, Police Administrative Commander, explained that ifs currently in the permitting process and will be approximately 1 month. 8. Resolutions: A resolution was read, by title, by the Village Clerk, adopting an assessment roll for the Security District. Mayor Hirschl opened the public hearing for comments. There being no comments, Mayor Hirsch) closed the public hearing. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve this resolution. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Thus becoming: RESOLUTION NO. 611 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting 09/19/2000 3 47 9. Adout A Clam: James Rosenberg, Adopt A Class, addressed the Council and explained that Adopt A Class is a non-profit organization. He stated that they get individuals and businesses to adopt classrooms in public schools. The donor makes a $500 contribution, which is given to the teacher to buy classroom supplies for the school year. Mr. Rosenberg advised that they work with various municipalities including Hialeah, South Miami, Coral Gables, and Opa-Locka. Mayor Hirsch) stated that the Council is familiar with the program and each year the Council adopts 2 classes at Bay Harbor Elementary. Mayor Hirsch) expects that the Council will continue doing so. Mr. Rosenberg stated that program is run by the Bay Harbor PTA and no other schools in the community benefit from that. Adopt A Classroom has been endorsed by Senator Graham, Mayor Penelas, Miami -Dade County Public Schools, Dade PTA, and United Teachers of Dade County. They distribute the resources to all the schools and all the teachers that need it. Mr. Rosenberg stated that although Bay Harbor has an active PTA, it leaves the other schools behind that do not. Councilman Boggess stated that he thinks it's a worthwhile program, but he has a concern about spending taxpayers' money on something that's not benefiting the Village. Councilman Roth stated that most of the money will go to the inner city schools where the kids are under -privileged. Mr. Rosenberg stated that the donor can direct the donation to the school that needs it the most or to a school in the community or nearby. Mayor Hirschl stated that the Council echoes Councilman Roth's thoughts about wanting to help the County; however, he doesn't feel it's the obligation of this Council to take taxpayers money and give it to a charity that does not benefit the Village. A motion was offered by Councilman Roth to adopt a couple of classrooms other than Bay Harbor Elementary. The motion died due to the lack of a second. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff for each Council member to personally contribute $100.00 each to the Adopt A Class Program for a total of $500.00. 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. Balmoral Condominium Appeal of Architectural Review Board (ARB) Decision:Mr. Wolpin explained that this is an appeal by the Balmoral on the decision of the Architectural Review Board, which approved the fountain subject to various statues not being used. The Balmoral is here to speak about appealing the use of the statues. Mr. Wolpin requested the Oath be administered to those wishing to speak since this is a quasi-judicial proceeding. All those planning to offer testimony on this issue were administered the Oath by Mrs. Horton. Perry Adair, Becker & Poliakoff, P.A. - Attorney for the Balmoral Condominium Association, Inc., addressed the Council and explained that this is an appeal of a denial of a Certificate of Appropriateness to a portion of a renovation project. Mr. Adair stated that the Balmoral feels that project meets with the spirit intent of the Appearance Code and that the Architectural Review Board committed an error in denying the portion. Keith Morrow, Architect and Designer for the Balmoral Project, addressed the Council and presented the project via Power Point. Mr. Morrow reviewed the design challenge that Regular Council Meeting 09/19/2000 4 48 they had for the renovation project. He stated that due to budgetary constraints, the project was a permitted improvement of the existing fountain and not a complete re -do. He stated that the configuration of the fountain limits the ability of the height of the features that can be seen. He explained that the theme of the project was to extend, consistent with the interior renovation of the Balmoral, the European feel to the outside gardens in a tasteful way. Also to create an element of interest and use strong water features that would be visible from the street side. Mr. Morrow reviewed the Appearance Code focusing on scale (defined as the harmonious relationship of the size of the parts to one another and to the human figure) and proportion (defined as the relationship of parts to a building, landscape structures, or buildings to each other and to the whole or that they may be in balance). Mr. Morrow stated the Architectural Review Board stated at the two hearings that the sculptures have no scale in relation to the building. He explained that in the renovation project they did not have the luxury of completely focusing on the relationship to the building due to budgetary constraints by the Board. So, they dealt with the area as a fountain project only and felt that it was of a correct scale and proportion. They also believe that it's compatible with the European style architecture inside and outside. Mr. Morrow explained that active visible water effects were requested by the ARB. He stated that perhaps they didn't do a good enough job describing to them that the proposed lion statuary did achieve very dramatic effects of water. From each corner there are 6 lions proposed from the edges of the fountain into the centers with some small pieces of dolphin statuary that produce the effects. Mr. Morrow stated that the situation at the Balmoral was not consistent with other examples that the ARB referred to. Those buildings have two stories of parking that are hidden below the principal entry feature. Mr. Morrow stated that many of the fountains along Collins Avenue exhibit a large scale in terms of size and height. Many were completely screened from view from the street in a way in dealing with that condition. However, the Balmoral site is very open and visible. Mr. Morrow stated that the statuary was the element within the project that was denied. However, they submit that statuary is neither good nor bad, but the way in which it's used is the question. Mr. Morrow reviewed projects using statuary includingTrevi Fountain (Rome), Viscaya, and Biltmore. Mr. Morrow reviewed the design of the fountain with the statues. There will be 6 lions (3 on either side) and dolphins will be in the center. So, the shell will be kept in tact and jets will be added along with the statuary. Mr. Morrow stated that they feel it may be a dangerous or unwanted precedence to begin discouraging property owners from renovation projects such as this. Mr. Morrow requested that the Council takes the comments today into consideration in the interest of allowing people to continue with such items. They're confident that the improvements that they're proposing will be an enhancement to Bal Harbour Village rather than a detriment or a bad use of sculpture. Mr. Morrow stated that they are prepared to mitigate the views of the lions by front planting or partially buffer them with some plant material. So, all that would be focused on would be the jet effect. Mr. Morrow stated that they believe that their design carries out the spirit and the intent of the Appearance Code as it is currently written today. Also, it satisfies the requirements as to scale and proportion for being taken in context as a renovation of a fountain, it compliments the building architecture, and presents a significant improvement to the existing fountain and overall streetscape of the Village. It also works within the fiscal constraint of the Balmoral. Regular Council Meeting 09/19/2000 5 Sandra Deutch, Member of the Balmoral Board of Directors and Chairman of the Design Committee for the Balmoral Condominium Association, addressed the Council and stated that they wanted to bring the European feeling of the building interior out to the fountain. Mr. Adair explained that the Board of the Balmoral approved the design concept. He stated that the Appearance Code does not prohibit statuary. He continued that it's inappropriate for the Architectural Review Board to amend the Appearance Code and say that they're not going to consider statuary. He stated that applicants only have the Code to go by when putting together a designing concept. He explained that the project is the entryway and their building is different than others in Bal Harbour because there's a different scale to deal with. Mr. Adair reviewed the issue of scale and proportion and read that the Architectural Review Board stated that "the lions are out of scale with the building." However, Mr. Adair emphasized that the Code does not mandate that, it's how the parts work together and then how those parts work as a whole. So, the analysis should be how do the lions fit in with the fountain, how does the fountain fit in with the entranceway, and how does the entire entranceway feature balance with the building. Mr. Adair thinks that the Architectural Review Board used the wrong analysis because it missed a step. He stated that if the Village's policy is to improve appearance and all the Balmoral can afford to do is to work with the existing, then the Board must take constraints into consideration. He advised that if the application is denied when the property owner has done the best they can within the physical constraints they had to work with, then it will discourage owners from improving their properties until they can tear it down and start from scratch. Mr. Adair stated that they feel that the design is very attractive, is an improvement over what's there now and allows the Balmoral to take advantage of the existing and improve on it. Maurice Schy, resident —Balmoral Condominium, addressed the Council and stated that he doesn't think the Balmoral has a valid proposition. He advised that at the Architectural Review Board meeting, the President of the Balmoral admitted that he had purchased all the equipment/statues on his own and paid for it himself. Mr. Schy stated that the Balmoral President had no authority to impose a very significant monetary debt on the owners. He stated that the Balmoral doesn't own it and hasn't paid for it. Jaime S. Dromi, resident — Balmoral Condominium, addressed the Council and stated that all the places discussed during the presentation were hotels, except one which was a public square in Rome. Mr. Dromi believes that he should be asked if he wants to have a zoo in front of his home and advised that he doesn't want it. Mr. Dromi explained that he couldn't speak at the Balmoral meeting because the President doesn't allow people to speak against him. Mr. Dromi stated that many people from the Balmoral are here today that don't want a zoo in front of the building that they are forced to pay for. Mr. Dromi requested that the Council consider the plight of the voters that don't want it and not to allow such a thing to be done. Patricia Tumpson, resident and President of the Plaza Board — Plaza Condominium, addressed the Council and feels that the beauty and simplicity of Bal Harbour should be maintained. She feels that approving this application will open the door for other properties to put animals on their front lawns. Mr. Adair stated that the condominium paid for the statuary and the Balmoral Board approved the design concept and the expenditure. He advised that the Board is made up of people that were elected by the owners, so the owners have their vote through the Regular Council Meeting 09/19/2000 6 49 00 Board. He explained that the person who bought the statuary is not an element that's up for consideration under the Appearance Code. He stated that if Bal Harbour wanted to ban statuary, or want to ban it in the future, then it should be in the Appearance Code. Mr. Adair stated that the things in the Ordinance should be considered and looking at that the project complies. Mr. Adair stated that regarding the scale issue, their point is that their entire entrance feature is much closer to ground level then a lot of others that have two levels of parking to give height and mass. The feature is in scale with the entire entranceway of the building. Mr. Adair stated that with the policy to improve properties, they suggest that the Board should be encouraging people to improve the existing where they can. He stated that the Board cannot deny the application on the basis that the Board doesn't think that statuary is appropriate because the Appearance Code doesn't prohibit statuary. He explained that what is shown is not a zoo and that it meets the spirit and intent of the Code. Dan Nieda, Building Official, addressed the Council and stated that he provides recommendations for the consideration of the Architectural Review Board. He stated that part of his recommendation was to recognize that the applicant has done a nice job in trying to improve the property. Mr. Nieda thinks that the difficulty is that the fountain has some unusual geometry that isn't particularly attractive. He explained that the Architectural Review Board has the authority to consider all aesthetic considerations of the presentation and the ultimate end product. Mr. Nieda agrees that there's no specific requirements that prohibit statuary in the oceanfront district, but the feeling of the Architectural Review Board was that the design would be better served if water massing was used to try to attain some of the height that the site lacks. The feeling of the ARB is that the statuary would tend to make a fountain that is not particularly attractive be more visible. In essence, the recommendation was to use water massing as opposed to statuary. He stated that the Board feels strongly about that. Mr. Nieda feels that the Board has the authority to consider the whole design and their feeling was that the statuary was not appropriate in this case. Mayor Hirsch) explained that most applicants gain a feeling as to appropriateness from the Architectural Review Board or Building Official prior to purchasing items. He stated that in this case, the hearing took place after the concept was already designed and purchased. Mayor Hirsch) stated that the remark that the Village discourages improvement and enhancement to properties is inaccurate. He stated that the Village Code considers statuary to be signage and as such, the applicant needs to come before the Council for approval of that particular item. He advised that the Council hasn't precluded statuary because there wasn't a need to eliminate that. Mayor Hirschl thinks that if it was something that was aesthetically pleasing to the ARB, then this issue would not be here today. Mayor Hirschl stated the Council can make a determination if in fact it will approve this. If this is not approved, that does not discourage any re -development. Mr. Adair stated that the Balmoral had to find an element to create water massing to project inside the fountain, so they used the lions to solve the design problem that they had. He stated that if the applicant is denied, then the Council would be discouraging the design solution that this applicant found to improve its existing. Also, Mr. Adair stated that it's not a requirement for the applicant to come to the Building Official in advance. He continued that the design concept is not prohibited by Code. He stated that the Code should say that they have to come in advance or say that statues are prohibited. Mayor Hirschl stated that statuary is not prohibited and this is a hearing on the Balmoral's specific issue. Regular Council Meeting 09/19/2000 Mr. Adair reviewed comments by the Architectural Review Board at the August 2, 2000, meeting stating that lions have no scale in relation to the building and are too small. Mr. Adair stated that the analysis should be with the lions to the fountain and the fountain to the entire entranceway, so that's a misapplication of scale and proportion. Also, there was a petition submitted that referred to indiscriminate placement of animals on the lawn. Mr. Adair doesn't know what weight the ARB gave to "indiscriminate." Mr. Adair stated another comment by the Board was that the sculptures are too small for the building; however, that's not the analysis that the Code requires. Mr. Adair reviewed additional minutes stating that it's the actual selection of animals rather than an architectural feature. Mr. Adair stated that is a statement that says the Balmoral selected something that the ARB doesn't care for. Mr. Adair suggests the way to deal with that is to eliminate it under the Ordinance. Mr. Adair stated that his letter, dated August 9, 2000, which is part of the record, lays out exactly the legal points of their appeal. Carol Cohen, resident - Majestic Condominium, addressed the Council and asked for clarification of the issue. Mayor Hirschl explained that the Architectural Review Board felt that the applicant's request as it pertains to the water features of their renovation project is unacceptable. The process is that the applicant may appeal the decision of the ARB to the Council, which will make the final determination. Mr. Adair stated that in the minutes, ARB member Robert Parsley commented that "the problem is the fountain and the zig zag pattern and there's no easy way to fix it. He thinks their (Balmoral) solution of the lions and the landscaping is better than it is now. It is still a patch, but anything other than blowing it out and starting again wouldn't be a good solution. He thinks the lions are as good a solution as can be done. The only altemative is to redo the entire fountain area. Mr. Parsley thinks that what they're proposing is better than what's there now, so he's okay with it as presented." Mr. Wolpin clarified that the Architectural Review Board approved the entire application including entrance features and the only thing they did not approve is the statuary component of the fountain. A motion was offered by Councilman Roth and seconded by Mavor Hirschl to uphold the decision of the Architectural Review Board. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. it Reports and Recommendations: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff: Assistant Mayor Tantleff explained that the Annual Dade League of Cities Installation Dinner is October 5, 2000 and all Council members are invited to attend. Assistant Mayor Tantleff reported that he will be sworn in as the Second Vice President, so he should be President in two years. Councilman Boggess: Councilman Boggess discussed the recent traffic congestion in the area and explained that he has asked the Village Manager to speak to the Village Police Chief regarding contacting Bay Harbor, Sunny Isles and Surfside to help control the congestion. Councilman Boggess would like a report on the progress at the next meeting. 51 Regular Council Meeting 09/19/2000 8 52 B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Approval of Beer & Wine License (2COP) for Santa Fe News & Espresso at the Bal Harbour Shops: Mr. Treppeda explained at the last meeting the applicant was not present and the Council had requested that someone from there be present at the meeting. Mr. Treppeda stated that the Code requires that the Council approve for the Village Manager to sign off on the beverage license before it's issued by the State. Alex Scolnik, Owner — Santa Fe News & Espresso, addressed the Council. Assistant Mayor Tantleff questioned if people will be allowed to take an alcoholic beverage and then walk around the Shops. Mr. Scolnik stated no and that they can't prohibit that, but servers and cashiers will tell patrons to stay on the premises. In addition, signs will be posted stated to drink only on premise. Mr. Scolnik stated that he is requesting to sell beer only for people to drink at the tables provided. He explained that currently patrons go next door and buy beer (at Panini) and then come to Santa Fe and get sandwiches and eat there (they have 11 tables). Mayor Hirsch) explained that the Council is concerned that the store is mainly a "convenience" type of store mainly for the employees of the Shops and is not a sit down restaurant. He stated that the intent of wine and beer sales at Santa Fe would be convenient and people could roam the Shops or even leave. Mayor Hirschl explained that his concern is that Santa Fe is not a dining establishment. Councilman Boggess questioned if the beer would be served in plastic cups or glasses. Mr. Scolnik stated that it would be served in plastic cups. Councilman Boggess stated that it's a walk about item. Mr. Scolnik stated that he has been in business for 5 years and it's something that he wants to add, but he does not want a problem for the Village or Council. Stanley Whitman, Developer — Bal Harbour Shops, addressed the Council and stated that the Shops has 6 restaurants with beer and wine licenses. Panini has one (next to Santa Fe) and the new restaurant across from Santa Fe will probably have one. He stated that the Shops will not permit people to walk around drinking alcohol and eating food. He advised that Santa Fe provides a great service and is not a "take-out" restaurant. He stated that he has never seen people leaving there with food and/or drinks. Mr. Whitman requested that the Council allow the Shops to take care of the conduct of its tenants. Mayor Hirschl responded that he has seen people walking around with food and drinks that were bought at Santa Fe and he hasn't seen any security at the Shops stop them from doing so. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this license provided that signage will be displayed and if Stanley Whitman thinks that it will be a positive thing. The motion was denied with the vote as follows: Mayor Hirschl nay; Assistant Mayor Tantleff nay; Councilman Boggess aye; Councilman Gorson nay; Councilman Roth aye. Approval of Beer & Wine License (2COP) for Carlton Terrace Cafe (10245 Collins Avenue): James Gleanus, Owner —Carlton Terrace Cafe, addressed the Council and stated the Regular Council Meeting 09/19/2000 9 restaurant is primarily for the convenience of the Carlton Terrace residents. Councilman Boggess questioned Mr. Gleanus regarding an advertisement soliciting outside business. Mr. Gleanus stated that they haven't solicited any business at all. Mr. Treppeda clarified that the restaurant cannot be open to the public. Mayor Hirsch) stated that the Village Code is specific in that this restaurant is for the convenience of the residents of the Carlton Terrace only, and any advertising is contrary to the intent of the Code and will be dealt with. Mr. Gleanus stated that he has no intention of advertising. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve this license. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval of Beer & Wine License (2COP) for L'Art Cafe at the Bal Harbour Shops: Luis Agust, Owner — L'Art Cafe, addressed the Council. Mayor Hirsch) questioned Mr. Agust if it is a sit down restaurant with waiter/waitress service. Mr. Agust responded yes. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve this license. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Annual Contribution to Greater Miami Convention & Visitors Bureau (GMCVB): Mr. Treppeda explained that the Council sets the contribution amount to the GMCVB every year. He reported that the Resort Tax Committee has recommended to contribute $200,000.00 of resort tax funds this year. Councilman Boggess stated that the support from the GMCVB has been outstanding. Mayor Hirschl agreed. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve a contribution of $200,000.00 to the Greater Miami Convention & Visitors Bureau. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. David Whitaker, Senior Vice President of Marketing and Tourism - GMCVB, addressed the Council and thanked the Village for its partnership. Mr. Whitaker also thanked the Resort Tax Committee and the fine job that Carolyn Travis, Director of Tourism, does. Request for Approval to Enter Into Contract with DemandStar.com: Mr. Treppeda explained that DemandStar.com offers free services to professionalize the Village's bid process. Mr. Treppeda reported that currently Miami Beach, Hollywood, and Oakland Park use this service. Sam Chesser, DemandStar, addressed the Council and explained that they operate an online marketplace that unites government agencies with suppliers. They support the goal of local government purchasers in getting competitive bids and maximizing taxpayer dollars. He stated that there are currently 150 participating government agencies nationwide (approximately 60 in Florida). Mayor Hirsch) questioned if the company has competitors. Mr. Chesser responded yes, but they feel that they have more government agencies and suppliers on board then anyone else. He stated that DemandStar was 53 Regular Council Meeting 09/ 19/2000 10 54 started 3 years ago by government purchasers. Assistant Mayor Tantleff questioned how the company makes money if the service is free and how the Village will benefit. Mr. Chesser stated that the Village benefits because the bid process is automated and is available online. He explained that they make money by charging suppliers for automatic bid notifications. The suppliers sign up because they offer convenient notification and the fee is $30 per County per year. Mayor Hirschl questioned the number of suppliers that they have signed up. Mr. Chesser thinks that it's close to 1,000 suppliers. Mayor Hirsch) would like to see a list of the suppliers. Mr. Treppeda stated he hasn't contacted any references at this point. Councilman Boggess questioned how hard it is for the Village staff to do this. Mr. Chesser explained that most suppliers like the convenience of being able to download bids. Mr. Treppeda stated that this service helps the Village and would also enable the bid to go to more people. It was the consensus of the Council to defer this item for 1 month until reports of other cities using the service and a list of suppliers are received and reviewed. Update on Condominium Pedestrian Walkways: Mr. Treppeda explained that at the last Council meeting, George Teichner had asked questions about different walkways. Mr. Teichner feels that the Majestic walkway is not adequate and does not meet the Bal Harbour Code. Mr. Treppeda advised that the Village Attorney has issued an opinion that it is within Code and the Building Official feels the same way. Mayor Hirschl read a letter received from George Teichner (resident — Majestic Condominium) stating that the Majestic is required have 3 pedestrian access walkways. Mr. Wolpin stated that he has received numerous correspondence from Mr. Teichner and it's his opinion that the Building Official has very carefully looked at the matter and has properly and correctly determined that the existing Majestic pedestrian walkways do comply with the Village Code. Mayor Hirsch) explained that he went with Mr. Treppeda and the Building Official to view the walkways at the oceanfront buildings. He advised that it varies from building to building. Mayor Hirschl stated that all the buildings seem to have a varied way of complying with the Code. Mayor Hirsch) stated that the Council also received a letter from Dr. Krop, President of the Majestic Condominium Association, which the Village took into consideration. Mayor Hirschl stated based upon discussions with the Building Official and Village Attorney, he believes that the Village has met the spirit of the Code. Manuel Mosteiro, resident — Majestic Condominium, addressed the Council and stated that the Majestic doesn't have any place to walk out to Collins Avenue from the lobby without competing with vehicles. Mayor Hirschl stated that at every oceanfront building, at some point, pedestrians have to cross traffic. Assistant Mayor Tantleff stated that the problem is between the residents and the Developer because the building meets the Code. Mr. Wolpin stated that the only authority that the Village has is to see that the existing Code is complied with. If the owners of the property desire to improve the property and make modifications, they can go through the process and do so. However, that's a private matter and the Village doesn't have jurisdiction or control over. If there's anything unsafe out there, then the Condominium Association is bound to take whatever action is necessary to modify the building if necessary. Mayor Hirsch) stated that every high rise on Regular Council Meeting 09/19/2000 l l the oceanfront has a design limitation in the ability to move pedestrians and vehicles as they overlap. He stated that there are alternatives for the Majestic homeowners to deal with themselves to create some additional access if they so desire. However, the requirements of the Code have been met. Request to Expend Forfeiture Funds: Mr. Treppeda explained that Chief Freeman is requesting to expend forfeiture funds to purchase light bars, digital cameras and printer, and spare police radio batteries. Chief Larry Freeman addressed the Council and explained that 3 of the police cars need new light bars because they are old and the existing light bars are 10 years old and aren't as visible. Chief Freeman stated that in the future, he would like to get more defibrillators if grant money is available. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve an expenditure of $8,903.59 from the Law Enforcement Trust Fund. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Pat Tumpson, resident — 10185 Collins Avenue, questioned if the Village offers any courses for first aid. Chief Freeman responded yes, in CPR. Approval of Paint and Body Work for Recycling Truck: Mr. Treppeda explained that three bids were received to paint and perform body work on the Village recycling truck as follows: 1. Olympia Body Shop, Inc. $5,810.00 2. Nextran Truck Center $5,835.00 3. 3 Points Paint $5,857.12 Mr. Treppeda and Mr. Wheldon have both recommended to award the bid to Olympia Body Shop, Inc. (the low bidder). A motion was offered by Councilman Boggess and seconded by Councilman Gorson to approve S5,810.00 for Olympia Body Shop, Inc. to paint and perform body work on the Village recycling truck. 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 Sewer Station Valve Replacement: Mr. Treppeda requested to defer this item until the October meeting to allow for additional bids to be received. It was the consensus of the Council to defer this item. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items approved by the Resort Tax Committee: 1. Annual Contribution to the Greater Miami Convention & Visitors Bureau $200,000.00 2. GMCVB New York City Blitz (9/11 — 9/16) $4,000.00 3. New Jersey ASTA Trade Show (10/10 — 10/14) $2,250.00 4. LeRep Contract Renewal for 1 year at $4,500.00 per month plus expenses Mr. Treppeda explained that Carolyn Travis, Director of Tourism, will be meeting with LeRep to discuss capping the fees for their monthly expenses. 55 Regular Council Meeting 09/19/2000 12 56 A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $206,250.00 for the Resort Tax Committee Recommendations as presented. The motion carried with the vote as follows: Manor Hirschl aye; Assistant Manor Tantleff ave; Councilman Boggess ave; Councilman Gorson ave; Councilman Roth ave. 12. Other Business: On behalf of the Council, Mayor Hirsch) presented Councilman Gorson with a plaque in appreciation of her work on redesigning the Council Chamber and Conference Room. 13. Adiourn: 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 4:50 p.m. ce ayor Andrew R. Hirsch) Attest: anette Horton, C/AAE/CLO illage Clerk /elw Regular Council Meeting 09/19/2000 13