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HomeMy Public PortalAbout2000-10-17 Regular Meeting60 COUNCIL MINUTES REGULAR MEETING - OCTOBER 17. "00 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, October 17, 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 Dan Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Bal Harbour resident Anthony Riso. 3. Approval of Minutes: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff tr prove the minutes of the September 19, 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 apnrovc the minutes of the September 19, 2000, Second Budget Hearing. The motion carried u+tnilimously (5-0), and the minutes were approved as submitted. 4. Presentation - Officer of the Month: None s. Public Hearing: The request for a non -use variance was read by the Village Clerk as follows: OWNER OF THE PROPERTY LOCATED AT LOT 9, BLOCK 10 OF THE R -2 RESIDENTIAL SECTION OF BAL HARBOUR, MORE COMMONLY KNOWN AS 100 BISCAY DRIVE IS SEEKING A NON -USE VARIANCE FROM SECTION 21 -127 FOR REAR YARD SETBACK OF 10.0' WHERE 15.0' IS REQUIRED. The Project Manager requested that this item be deferred until the owner arrives. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to defer this item until later in the agenda. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Regular Council Meeting 10/17/2000 61 Councilman Boggess left the meeting. 6. Ordinance Second Readina/Public Hearine Continuation: An ordinance was read, by title, by the Village Clerk, providing for rezoning of the Beach Club site located at 10201 Collins Avenue. Mayor Hirsch] opened the public hearing. Mr. Weiss explained that this is the second reading of the ordinance rezoning the Club, which has been the subject of more litigation than any other subject in Bal Harbour in 20 years. Mr. Weiss stated that the Village Attorneys have filed thousands of pages of documents with the Court trying to urge the Court to adopt the Council's position that rezoning this property is improper. He stated that the Village Attorneys are well aware that the majority of the Council does not feel that rezoning this property is proper. The arguments have been made to the Court and the last Order of the Court was appealed three times. Mr. Weiss stated that the Village Attorneys have urged the Court to try and understand the Council's position, which has been expressed publicly that they believe that the original Master Plan that the Village is operating under was tainted, and that anything that comes from that Master Plan is tainted as well, and that this Council and Village should not be stuck with a Master Plan that was tainted by actions of a previous Council. Mr. Weiss advised that he and Dan Weiss, esquire, have argued almost a dozen hearings and several appellate proceedings regarding this. In addition, with the Council's suggestion they consulted with another municipal law firm that has reviewed the pleadings and the appellate documents that were filed. Unfortunately, the Court doesn't agree with the Village's position and there is an Order in place that will hold the Council in contempt of Court if the property is not rezoned within 60 days from the date of that Order. Mr. Weiss instructed the Council that he believes that the Council has no legal alternative at this point, not withstanding any personal feelings that the Council may have, but to rezone this property. Mr. Weiss doesn't believe that this issue can be pushed any further. He advised that doing anything other than rezoning this property will be subjecting the Village to liability, and perhaps the Council members themselves to personal liability, for not following the Court's Order. Mr. Weiss stated that they urged the Court to agree with them that there was some legal room and that there were some options other than rezoning the property, but the Courts have uniformly disagreed with the Village's position on this. Although Mr. Weiss knows that the majority of this Council does not want to vote for this ordinance or make the motion, he strongly advised the Council to rezone this property and be done with this. He stated that there's nothing further that the Council could have done. Mr. Weiss stated that someone needs to make the motion and this ordinance needs to be approved. Mayor Hirschl stated that he wants the public to know that the voters told the Council what they wanted and the Council did what they could do. He advised that the Village spent approximately $250,000 to litigate this matter. In relative terms, the Village spent $700,000 to $800,000 to defend its sovereignty regarding the amphitheater in North Miami. Mayor Hirschl stated that the Council went as far as they could go and it doesn't make him happy to make the motion, and it doesn't make the Council happy to approve this, but at this point the Council's hands are tied. He stated that this is the only remedy available and he is proud of the Council and City Attorneys in taking this matter as far as they could. Mayor Hirschl stated that the Courts have tied the Council's hands and there are no options. Assistant Mayor Tantleff stated that this Council has fought for its friends and neighbors on every issue. This is something that he does not want to vote for the rezoning, but the Regular Council Meeting 10/17/2000 62 Council has to vote for this or go to jail and be fined. Assistant Mayor Tantleff believes that when the Developer laid out the Village there was supposed to be the spine and he believes that the Master Plan is tainted by people who voted on it years ago. Sylvia Holder, resident — 24 Bal Bay Drive, questioned the law concerning mandated green space. Mayor Hirschl stated that the Village has argued every angle including open space and the Courts have spoken. Ms. Holder questioned if the Village can have something to say about the height of the building. Mayor Hirschl stated that this is simply to rezone from "private club" to `oceanfront." Councilman Roth stated that this Council was in criminal contempt and an appeal had to be filed to overturn the criminal contempt. Alex Hart, resident — 243 Bal Bay Drive, questioned if this only affects the property on the oceanfront, not the building in the Security District. Mayor Hirschl stated yes, that this zoning change is for the oceanfront parcel only. A motion was offered by Mayor Hirschl and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleffaye' Councilman Boggess absent; Councilman Gorson aye: Councilman Roth aye. Thus becoming: ORDINANCE NO. 437 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. Councilman Boggess returned to the meeting. Public Hearina: Mayor Hirschl stated that this is a quasi - judicial hearing, therefore individuals who will be speaking need to be sworn in. All those wishing to testify were sworn in by Mrs. Horton. Mr. Weiss reminded the Council that they are operating under the new rules that were put in place for variances. Mr. Weiss suggesting hearing from staff first and then the applicant. Daniel Nieda, Village Building Official, addressed the Council and read the following staff report into the record: BACKGROUND: The applicant has submitted for review a non -use variance application in connection with a master bedroom addition that was denied during the October 4, 2000 meeting of the Architectural Review Board. The master bedroom addition is located on the interior of the rear yard of an existing two -story residence in the R -2 Residential District, Regular Council Meeting 10/17/2000 where non -use variance applications are regulated by Section 21- 53(6)(1) of the Zoning Code. 63 Documentation for the applicant is in the form of design development drawings, prepared by Sklarchitecture Design Associates, and consist of drawings AS -1 and A -I through A -4, dated September 14, 2000. RECOMMENDATION: The proposed master bedroom addition has generated the need for this non -use variance application to allow a rear yard setback of ten feet, where fifteen feet is required by Section 21 -127 of the Code. Drawing A -1 shows that the master bedroom addition contemplates expansion into the south rear yard terrace area contained by an existing masonry wing wall sloping from the gable end roof. The master bedroom and bath addition is contained within the north side of the existing wing wall area, ten feet from the rear property line. Since the scope of work does not exceed 50% of the value of the structure, and the addition is contained within the existing wing wall, it may be considered a permitted continuation of a non - conforming condition from the required fifteen feet rear yard setback. It is apparent that the Architect has exceeded these limitations, as indicated on drawing A -3, by adding a sloping wall segment to the wing wall to gain headroom for the bathroom expansion. The resulting addition to the wing wall expands an existing non - conforming setback by increasing the wall area encroaching into the required rear yard fifteen feet setback. Such encroachment violates the spirit of a continued non - conforming condition by expanding and modifying the wing wall, rather than maintaining intact the existing non- conforming wing wall. The non -use variance standards stipulated in Section 21- 53(b)(1)(a -h) of the Zoning Code require that the applicant demonstrate that provisions of this Code result in undue or unnecessary hardship to the owner of the subject property. Section (a) stipulates that the applicant must demonstrate that the subject property has special conditions, which occasions the necessity for the petitioned variance. The subject property is located on a comer lot, which allows less buildable area than interior lots of comparable size due to street setback requirements of thirty feet on two sides. This does not constitute a hardship to the reasonable development of the property because it would set the precedent that every corner lot in the same zoning district would be entitled to a compatible non -use variance. Section (g) stipulates that the need for the variance does not arise from conditions, which are personal to the owner, but instead relate to the uniqueness of the property. Review of the proposed architectural scheme indicates that other alternates may be explored or modified in such a fashion that a variance would not be required. I believe that this non -use variance application does not provide sufficient documentation as submitted to satisfy conditions of Section 21- 53(b)(1)(a -h), where the Village Council may grant a non -use variance from rear yard setback requirements stipulated in Section 21 -127 of the Zoning Code for the construction of the subject master bedroom addition. Mr. Nieda displayed and reviewed the drawings for the proposal. He explained that the garage expansion is not part of the variance request and is within Code requirements. Mr. Nieda stated that they are expanding towards the interior courtyard area where there's an existing wing wall that slopes from the roof. Mr. Nieda reviewed the floor plan of the master bedroom expansion. He stated that the problem with the project that requires a variance is that this property has a stepped split -level configuration and, in order to gain the required headroom for the bathroom area, they have to add a triangular expansion or modification to the wing wall. That is what caused the need for a variance. The Village's position is that while they may do an improvement behind the existing wing wall, once they modify the wing wall, that becomes a violation or an expansion of an existing non- conforming condition. Mayor Hirschl clarified that although that wing wall is grandfathered in because it was there before the zoning codes were established, it could not be built today because it goes into the setback. Mr. Nieda agreed and stated that the wall is within Regular Council Meeting 10/17/2000 4 64 10 feet of the rear yard setback. If this house were to be built today, that whole area would have to be recessed 15 feet from the rear yard setback. Joel Levy, owner — 100 Biscay Drive, addressed the Council and stated that when they purchased the house in 1997/98 the wall was there. He stated that the wall is a structural wall and is supporting the existing roof. They want to work with the design lines of the house to improve and enhance it. Mr. Levy stated when they bought the house there was a 10 -foot setback and they made plans on that assumption and this is phase two of the improvements for the house. He stated that the existing wall isn't going to move and nobody will see it because it's in the back. Tony Hallman, Project Manager, addressed the Council and stated that he thinks it's a hardship because when the house was purchased there was a 10 -foot setback and plans were made based on that for the future. Mr. Hallman thinks it's a hardship to change the setbacks and to tell somebody that they have to conform to the new setbacks after plans were made based on original setbacks. Mayor Hirschl stated that all the zoning changes affect everyone equally. Mayor Hirschl questioned the "other alternatives" that were mentioned in Mr. Nieda's report. Mr. Nieda stated there are other possibilities to make the project feasible and still comply with the Code. He added that the Architectural Review Board made some suggestions to the Architect for the project at the meeting. Mayor Hirschl stated that according to the Building Department, this doesn't meet a hardship standard. Mr. Levy stated that he considers it to be a hardship because the house would be even smaller conforming to the new setbacks and would not be conducive to building a nice house. It would be impossible to build a nice house with 30 -foot setbacks from the front and a 15 -foot setback in the rear. Mr. Levy stated the suggestions from the Architectural Review Board break up the flow and efficiency of the house. He stated that they would have to change the design to meet the setbacks and the wall is always going to be there. Mr. Nieda stated that the new addition doesn't have to be 15 feet from the rear property line. He explained that it may abut the back to the existing wing wall, because it's an existing condition, but it has to stay behind that. They may not modify the wing wall. So, if they were to expand to the back of the wing wall that would be fine because that would be within the footprint of the existing house. The problem is when they tried to modify the wing wall. Mr. Nieda stated that they don't have to make it 15 feet, they just can't alter the existing wing wall and have to change the roofline configuration to spring back in such a fashion that they get the headroom by sloping away from the wall. Assistant Mayor Tantleff stated that the hardship standard was changed to maintain the beauty of the Village in a way that the Council could control it. Assistant Mayor Tantleff feels that the Council needs to keep the spirit of the law that it has to be a hardship and he doesn't feel that this is a hardship. Mayor Hirschl stated that the Council is hearing that there are other ways to do this and comply with the current Code, which does not allow the Council to step out of the law that is established to protect everyone. There being no additional comments, Mayor Hirschl closed the public hearing. A motion was offered by Assistant Mayor Tandeff and seconded by Councilman Roth to deny this Regular Council Meeting 10/17/2000 5 variance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor 65 Tantleff aye; Councilman Bozaess aye; Councilman Gorson aye; Councilman Roth aye. 7• Ordinances First Reading: None S. Resolutions: A resolution was read, by title, by the Village Clerk, concerning special assessments for guardhouse and entrance feature improvements in the Security District. Mr. Treppeda explained that the guardhouse project in the Security District has been completed and the special assessment requires that the Council make a final assessment date. Mr. Treppeda stated that in January, a bill will be sent to Security District residents for this assessment and they will be given 5 years to pay it. 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 Bozzess aye; Councilman Gorson aye; Councilman Roth aye. Thus becominz: RESOLUTION NO. 612 RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, CONCERNING SPECIAL ASSESSMENTS FOR GUARDHOUSE AND ENTRANCE FEATURE IMPROVEMENTS (THE "PROJECT ") WITHIN THE BAL HARBOUR VILLAGE SECURITY PROGRAM SPECIAL ASSESSMENT AREA PURSUANT TO RESOLUTION NUMBERS 593 AND 594 OF BAL HARBOUR VILLAGE; ACCEPTING COMPLETION OF PROJECT AND ESTABLISHING DATE OF FINAL ASSESSMENT. q. Reports and Recommendations: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff: Assistant Mayor Tantleff thanked everyone for attending the Dade County League of Cities installation dinner, where he was installed as the Second Vice President. Assistant Mayor Tantleff plans on being the President in two years. Councilman Seymour Roth — Bus Service to Aventura Mall: Councilman Roth stated that several Village residents have requested that the Bal Harbour bus take them to Aventura Mall one day a month, in lieu of its regular route. Councilman Roth stated that it would not cost the Village anything more because it's a substitution of destination. Mayor Hirschl stated that this was previously discussed at the December 1999 Council meeting and the Council voted at that time to decline going to Aventura. Councilman Boggess is opposed to this suggestion and thinks that more people would object to the route being changed and not going to the grocery store. He added that the County provides bus service to Aventura Mall. Assistant Mayor Tantleff thinks that changing the route one day a month would be okay. Councilman Gorson doesn't approve of providing bus service to Aventura Mall because Bal Harbour has its own mall. Mayor Hirschl is also opposed to the Bal Harbour bus going to Aventura mall. The motion was denied with the vote as follows: Mayor Hirschl nay; Assistant Mayor Tantleff Regular Council Meeting 10/17/2000 6 66 aye; Councilman Boeeess nay; Councilman Gorson nay; Councilman Roth aye. Joni Blachar, resident — 63 Camden Court, advised that Aventura Mall provides free bus service that leaves from the Sheraton Bal Harbour every day. She advised that there is an information booth at the center of the Aventura Mall that has the bus schedules. Councilman Roth advised that he was sworn in as a member of the Board of Directors for the Dade League of Cities. B. VILLAGE ATTORNEY: Mr. Weiss advised that he attended the Dade League of Cities installation dinner and that it's nice to have members of the Bal Harbour Council move up in that organization because it gives the Village a lot of prestige. C. VILLAGE MANAGER: Renewal of National Pollutant Discharge Elimination System (NPDES) Interlocal Agreement: Mr. Treppeda explained this is a 5 year agreement and Dade County samples, monitors, and analyzes storm water systems throughout the County. He stated that the cost is calculated based on how many outfalls each community has. Mr. Treppeda requested that the Council authorize him to renew this interlocal agreement. A motion was offered by Councilman Boeeess and seconded by Mayor Hirschl to authorize the Village Manager to renew the Interlocal Aereement with Miami -Dade County for the Performance of sampline, monitoring, and analysis of the Village storm water system. 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 for Purchase of Workstation for Building Department Secretary: Mr. Treppeda requested approval of $3,702.11 of budgeted funds to purchase anew workstation for the Building Department Secretary. He explained that she currently has a very old workstation that cannot accommodate all of the computer equipment that she uses. Mr. Treppeda stated this is from the State Bid and the funds are budgeted. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $3,702.11 to purchase anew workstation for the Building Department Secretary. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye: Councilman Roth aye. Award of Bid for Sewer Station Valve Replacement: Mr. Treppeda distributed and reviewed the following bids that were received as submitted by Craig A. Smith & Associates: 1. Trio Development Corporation $ 16,875.00 2. Intrastate Construction Corp. $ 15,698.00 3. Rangeline Tapping Services, Inc. $ 13,300.00 Mr. Treppeda explained that this is to replace one valve at the sewer station near the SunTrust Bank. He stated that this is the item that was deferred at the last meeting Regular Council Meeting 10/17/2000 because the Village wanted a bid price for a stainless steel valve instead of a cast iron one. Mr. Treppeda stated that Craig A. Smith & Associates recommends the low bidder, which is Rangeline Tapping Services, Inc. for $13,300.00 and funds are budgeted. Mr. Treppeda stated that Craig A. Smith & Associates has worked with Rangeline and are aware of their work and have recommended them. The price is for the valve and the installation of it. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $13,300 for Rangeline Tapping Services, Inc. to install the 78" resilient seat gate valve at Lift Station #2. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Award of Bid for Sewer Manhole Relocation and Award of Bid for Plugging of Two (2) Sewer Force Main Pipes Which are No Longer Needed: Mr. Treppeda distributed and reviewed the following bids that were received: Megan South, Inc. $ 34,500.00 Intrastate Construction Corp. $ 38,220.00 Southeastern Engineering Contractors, Inc. $ 39,330.00 Mr. Treppeda explained that Tabs H and I were bid out together. He stated that Tab H is to relocate a manhole, which is conflicting with the DOT drainage project that will be happening on 96th Street. The other half of the project is for plugging 2 sewer force main pipes, which are on 96th Street, that are no longer in use and need to be capped. Mayor Hirschl questioned why the manhole is being relocated. Mr. Treppeda stated that it's conflicting with the piping that will be used in the installation of the DOT pumps near public works. Mayor Hirschl questioned if DOT should pay for that. Mr. Treppeda stated that DOT originally wanted to do a different type of drainage system (drainage ditches) and due to the Village's request, they redesigned the system (using pumps). Mr. Treppeda stated that it's DOT's project, but it's being done at the Village's request. Mayor Hirschl questioned if the pump system wasn't put in, if the Village would need to relocate the manhole. Mr. Treppeda responded no. Mr. Treppeda explained that the lower bidder is Megan South and Craig A. Smith & Associates has worked with them and recommend them. Mayor Hirschl explained that DOT is redoing 96th Street and their plan was to elevate the street, which would have cut into Bal Harbour's sidewalk on the south end of Bal Harbour and eliminate the foliage. The Village requested that they do a different kind of system using underground pumps that eject the water out into the bay, therefore preventing the need to eliminate the sidewalks. Stanley Whitman, Developer — Bal Harbour Shops, stated that the agreement with DOT was that the Village would maintain the pumps and nothing else. He doesn't know why the Village is being charged to relocate a manhole. Mr. Treppeda thinks it's the Village's responsibility because it's a condition that they encountered that they wouldn't have to do if the Village hadn't asked them to do the project in a different manner. Robert Wheldon, Director of Public Works, addressed the Council and stated the manhole is on the sanitary sewer system, which belongs to the Village. He explained that the pumps and wells were in the park and were moved behind the public works building. Since they were moved, the manhole has to be moved. If they had remained in the park, then the manhole would not have to be moved. So, DOT is not willing to pay for that because the park project is the Village's project. Regular Council Meeting 10/17/2000 67 8 A motion was offered by Councilman Roth and seconded by Councilman Bouess to approve $34,5 for Meean South. Inc. for sewer manhole relocation and plueeine of 2 sewer force main pipes The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleffaye; Councilman BoPeess aye; Councilman Gorson aye, Councilman Roth aye. Adopt -A -Class Program (Ruth K. Broad Bay Harbor Elementary School): Mr. Treppeda explained that a representative from the school will explain this program. Sharon Feldman, PTA President and Representative — Ruth K. Broad Bay Harbor Elementary School, addressed the Council and stated in the past Bal Harbour has been very generous and has adopted 2 classes ($500.00) at Bay Harbor Elementary School. She explained that the money is given to the teachers for them to purchase materials that Dade County Schools cannot afford to give them money for (extra books, room decorations, parties, incentives, computers, programs, etc.). Ms. Feldman questioned that since there are only 3 classes left, if Bal Harbour would consider adopting 3 classes for $750.00. Councilman Roth stated that James Rosenberg, Executive Director of Adopt -A- Classroom, spoke at the last Council meeting and the Council objected to adopting a classroom because it was taxpayers' money. So, the Council personally contributed and adopted a classroom for $500.00. Councilman Roth stated that he's in favor of Adopt -A- Classroom and besides Bay Harbor, he would like to adopt a couple of classrooms in inner cities. Councilman Roth stated there seems to be a conflict about taxpayer money. Councilman Boggess stated that the discussion last month was that the Village didn't know where the money was going to go and he questioned whether Bal Harbour residents should be sending money to schools that aren't attended by Bal Harbour children; however, Bay Harbor Elementary is a local school that Bal Harbour children attend, so it's appropriate for the Village to support this. Councilman Roth stated that Bay Harbor Elementary is not a school that has underprivileged kids. Mayor Hirschl disagreed. Mrs. Feldman stated that this is helping the teachers to make a nicer environment for the children. Mrs. Feldman explained that this program is specifically for Bay Harbor Elementary. Councilman Boggess questioned if the Village has funds for this. Mr. Treppeda responded yes in contingency funds. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $750.00 to adopt 3 classrooms at Ruth K. Broad Bay Harbor Elementary School. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tandeff aye: Councilman Boeeess aye, • Councilman Gorson aye: Councilman Roth aye. Councilman Roth questioned if the Village has funds to adopt another classroom for $500 out of the contingency funds. Mr. Treppeda stated yes. A motion was offered by Councilman Roth to approve $500.00 to adopt a classroom in an inner - city school. The motion died due to the lack of a second. Approval of Contribution to Surf -Bal -Bay Recreation Program: Wanda Heidelberg, Assistant Principal - Bay Harbor Elementary School, addressed the Council on behalf of Principal Lovelass and thanked the Village for previous contributions to support the programs for children in Bal Harbour, Bay Harbor, and Surfside. Ms. Heidelberg stated that 2/3 of the children in the program are from Bal Regular Council Meeting 10/17/2000 9 Harbour and Bay Harbor. She explained that the program includes gymnastics, ballet, arts 69 & drama, jump rope, and aerobic fitness. She explained that this assists parents in offering supervision for children that cannot be picked up after school, as well as involve children in physical activities. Ms. Heidelberg stated that last year the program had approximately 150 children participating. Councilman Roth questioned how many children in the program are from Bal Harbour. Ms. Heidelberg stated that of the 30 children presently in the program, 9 are from Bal Harbour and Surfside. Councilman Roth stated that's a small percentage. Sharon Feldman, resident — 56 Bal Bay Drive, stated that the drama, jump rope, and gymnastic programs have not started yet and last year there were over 20 children from Bal Harbour. Since those programs have not started yet, the numbers don't reflect that. Mayor Hirschl explained that approximately 5 -6 years ago, the Mayors of Bal Harbour, Bay Harbor and Surfside, along with their Councils, looked at ways to keep the children off the streets. The three cities created and funded a program that would help the situation. He stated that there are no County funds for this and the school is a wonderful location to utilize the facilities that they offer there. It was an exemplary approach that all three cities would equally contribute $10,000 each to create this program and hire the personnel to operate it and supervise the children. Mayor Hirschl stated that it has been very successful over the years and he hopes that the Village continues this. Councilman Roth questioned if this is taxpayer money. Mayor Hirschl stated yes and it's budgeted. Councilman Roth stated that the Village is also building a state -of -the art playground for approximately $500,000 for Bal Harbour children. Dina Cellini, resident -211 Bal Cross Drive, stated that she has a son that attends Bay Harbor Elementary and is in special education. She stated that this is the first year that they have been able to take advantage of this program and, if it didn't exist, there would be no recreation program that he could attend because he's not able developed mentally to tap into some of the other programs that the County offers. She stated that the Special Olympics are basically down in South Miami and this has been a Godsend for them because he enjoys it so much and it gives him the opportunity to socialize with other children his age. Ms. Cellini encouraged the Council to support the continuation of this program. A motion was offered by Councilman Roth and seconded by Councilman Boeeess to approve $10,000.00 as Bal Harbour's 113 share of the operation of the Surf -Bal -Bay Recreation Program, which is housed at Ruth K. Broad Bay Harbor Elementary School. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman BoPeess ave: Councilman Gorson aye; Councilman Roth ave. Approval of Change Orders 1 -4 and Status Report for Park Project: Lin Li, Project Manager — C.A.P. Engineering, addressed the Council and reviewed that the project was started in July 2000 and the Contractor has run into some problems and has changed some manufacturers and some sub - contractors. That caused the project to be stalled for 1 month. The Village has specified to them that if the project is delayed, then they have to pay the fine. Last week, the removal of the sidewalk and other construction relating to the project was done. Mr. Li explained that 4 change orders have been submitted that he has approved. Mr. Treppeda stated that they also recently replaced the superintendent on the site and since that there has been improvement in the Regular Council Meeting 10 /17/2000 10 70 amount of work being performed. Mr. Weiss stated they are 35 days late, Mr. Treppeda stated that C.A.P. recommends that the Village continue with this contractor at this point. Assistant Mayor Tantleff questioned why they're so behind and why the Village should stay with this group. Mr. Li stated that FPL relocated a transformer to a different location than they originally agreed to, which was the first change order. Also, the General Contractor had a problem with the sub - contractor doing the underground work. Mr. Treppeda stated there's a penalty of $200 a day for every day that they're behind. Assistant Mayor Tantleff stated that he hates awarding the low bid and then have them come in with change orders that probably make them the high bid. Assistant Mayor Tantleff reviewed the "unforeseen conditions" encountered by Danco Development because they revised their drainage plan. Assistant Mayor Tantleff questioned why they revised their drainage plan and why would the Village pay the extra money when they came in with the bid knowing what the drainage plan was supposed to be. Councilman Boggess stated that C.A.P. revised the drainage plan. Mr. Li stated that originally they were going to connect to an existing pipe and plans were drawn according to the "as- built" provided by the Village showing where the pipe was. However, after digging, they found out that the pipe was all the way under the roadway and it would be difficult for a connection. It was then suggested to do it another way to make the connection. Mr. Li stated that basically all the change orders are part of the original contract because there is $30,000 for unforeseen conditions. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $23,148.66 for Change Orders 1 -4 for the Park Proiect. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye, Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval for the Purchase of Two (2) Police Vehicles from the State Bid: Mr. Treppeda explained that funds are budgeted for this and the total price is $48,222.00. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $48,222.00 to purchase two new police vehicles from the State Bid. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye, Councilman Gorson aye; Councilman Roth aye. Traffic Report — Chief Larry Freeman: Chief Larry Freeman addressed the Council and discussed some of the traffic problems in the area lately. Chief Freeman stated that it was the consensus of the Chiefs of Police of neighboring municipalities that 90% of the time, traffic runs fairly smoothly; however, it doesn't take a lot to foul things up. He stated that when there's an unforeseen event (sinkhole in Surfside), then traffic will come to a standstill. Other things such as lane closure due to construction, traffic lights out, a new security person at Security District guardhouse, etc. also cause problems. Chief Freeman stated it was the consensus of the Chiefs to keep each other advised on the pre - planned things to coordinate to keep traffic moving smoothly. Councilman Boggess suggested having Sunny Isles reroute traffic across 163`d Street when there's a major traffic incident in Bal Harbour / Surfside and not allow access. Chief Freeman stated that it's hard to close a major artery; however, it was suggested that an electronic sign be placed at 163`d Street warning people about the situation. In addition, he stated there is one central reporting station for radio to report traffic jams and the Chiefs will all make sure that their dispatch desks have that. Councilman Boggess questioned if the Village can take control of traffic lights in an emergency. Chief Freeman responded Regular Council Meeting 10/17/2000 11 yes, they would have to call County Traffic to shut if off and then operate them manually. 71 Chief Freeman stated that if there's a major traffic jam, then it doesn't do any good to manually operate the light because there's going to be a backup there anyway. In instances when it can be effective, the police will do it. Mayor Hirschl suggested that in the high volume traffic times in the morning and late afternoon that an officer be placed moving cars through Collins Avenue and /or 96th Street to get the cars through. Councilman Gorson suggested doing normal road construction at night. Chief Freeman stated that's a good idea and it would have to be discussed with the company that's doing it and the city that the work is being done in. Pattie Fazzino, representing Senator Gwen Margolis (the Village's District representative on the County Commission) will see if there's anything that can be done. Resort Tax Committee Recommendations: Councilman Boggess stated that the Director of Tourism has requested $16,500.00 for expenditures for the months of November and December, which have been approved and recommended by the Resort Tax Committee. A motion was of by Councilman Bogeess and seconded by Assistant Mayor Tantleff to approve $16.500.00 for the November and December Expenditures for the Director of Tourism Budget. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff ave; Councilman Boggess ave; Councilman Gorson ave, Councilman Roth ave. Councilman Boggess stated that Alice Fisher, Village Public Relations Representative, recommended bringing in Patricia Peretz to bring more cultural events into the Village as an inducement for more tourism. Alice Fisher, Public Relations, addressed the Council and distributed an article stating that Florida should create more cultural institutions and promote them. Ms. Fisher stated the Committee wanted to add this cultural side and, at the same time, have been marketing to Brazil heavily on the advice of Jaime Valdes, Sheraton Bal Harbour. Ms. Fisher stated that Ms. Peretz brings in cultural events and she's very well connected with Brazil, which is perfect for the Village's needs. She advised that Ms. Peretz organized the big event on Hollywood Beach with Baryshnikov. She stated that the Village pays her a fee and she raises money so that the events pay for themselves. Councilman Boggess stated the first event will be a luncheon for the Brazilian Ambassador. Patricia Peretz addressed the Council and stated that tourists want a cultural experience with excitement. She stated that the cultural tourist spends more money and time. She stated that cultural tourism and marketing brings a lot of excitement in advertising for the community. Ms. Peretz stated that she goes after private sponsors and media to fund events. A motion was offered by Councilman Roth and seconded by Councilman Boeeess to approve $10,000.00 to hire Patricia Peretz for one year to oreanize and carry out cultural events in Bal Harbour. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff ave, • Councilman Boggess ave; Councilman Gorson ave; Councilman Roth ave. IO. Other Business: Assistant Mayor Tantleff questioned the status on the Beach Master Plan Project. Mr. Treppeda stated that DEP has not answered Coastal Systems International on whether they will be granting the permit or not. He explained that Regular Council Meeting 10/17/2000 12 92 there's litigation in the City of Miami Beach over their Beachwalk Project and that could affect the Village getting a permit. He stated that if the permit is rejected, then the Village Attorney can intervene. If that doesn't work, then the Village may want to think about splitting the project into two parts and get the landscaping permit while they fight over the other portion. Mr. Treppeda stated that the DEP has until October 28, 2000, to answer regarding the issuance of a permit. Mr. Weiss knows about the situation and is ready to assist if needed. 11. AdiOum: There being no further business to come before the Council, a motion was offered by Councilman Bozzess and seconded by Councilman Gorson to adiourn. The motion carried unanimously (5 -0), and the meeting adiourned at 4:30 p.m. ayor Andrew R. Hirschl Attest: ,J ,e! k"J�/h- ficl- , Aanette Horton, CMC /AAE /CLO Village Clerk /elw Regular Council Meeting 10/17/2000 13