HomeMy Public PortalAbout2001-07-17 Regular Meeting178
COUNCIL MINUTES
REGULAR MEETING — JULY 17. 2001
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 17,
2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 3:00 p.m. by Mayor Berlin. Those present were:
Mayor Howard J. Berlin
Assistant Mayor Daniel Tantleff
Councilman Peg E. Gorson
Councilman Seymour Roth
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Horvath, Deputy Village Clerk
Richard J. Weiss, Village Attorney
Absent: Councilman James E. Boggess
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEMANtE2 The Pledge of Allegiance was led by Bal
Harbour resident Joshua Shevlin.
10 APPROVAL OF MINUTES: A motion was offered by Councilman Roth and
seconded by Assistant Mayor Tantleff to approve the minutes of the June 79 2001 Rerular
Council Meetine. The motion carried unanimously (4 -0), with Councilman Boggess absent and
the minutes were approved as submitted.
4.
AWARD OF RECOGNITION: Chief Larry Freeman explained that the
Police Department would like to recognize Josh Shevlin, who avoided a collision on his
bike with his cousin (Jessica), unfortunately ending him in the bay at the Yacht Club, and
Jessica Shevlin, who rode her bike to get help from police officers in the neighborhood
when her cousin (Josh) and uncle were unable to get out of water in the Yacht Bilsin.
Chief Freeman presented Josh Shevlin with an Award of Recognition. Jessica Shevlin was
not in attendance to receive her award.
5. PUBLIC NEARING$: None
6. ORDINANCES SECOND READING/PUBLit NEARING$: None
7. ORDINANCES FIRST READING: None
8. RESOLUTIONS:
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179
A Resolution was read, by title, by the Village Clerk, adopting an Investment Policy relating
to excess funds.
Mayor Berlin discussed the three prescribed procedures in the Investment Policy
Statement, which the Council is required to do, and questioned if these things are being
done. Mrs. Horton responded yes and reviewed the items as follows:
1. An independent audit is done of financial statements and a review of system of internal controls
is done, pertaining to the purchase and redemption of State Pool investment funds.
2. A written report is prepared reconciling activity in the Village's General Ledger account, with
monthly reports issued by the State Pool Trustees. In other words, the monthly State Pool
report is checked against the General Ledger.
3. Mrs. Horton attends continuing education of eight (S) hours annually, in the subjects or courses
of study.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve this
resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleffaye; Councilman Boggess absent: Councilman Gorson aye: Councilman Roth aye Thus
becoming:
RESOLUTION NO. 620
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, ADOPTING AN INVESTMENT POLICY RELATING TO EXCESS
FUNDS, PROVIDING FOR AN EFFECTIVE DATE.
A resolution was read, by title, by the Village Clerk, supporting the Missing Angels initiative.
A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve
this resolution. The motion carried with the vote as follows: Mayor Berlin aye • Assistant Mayor
Tantleffave: Councilman Boggess absent: Councilman Gorson aye • Councilman Roth aye Thus
becoming:
RESOLUTION NO. 622
A RESOLUTION OF THE BAL HARBOUR VILLAGE COUNCIL SUPPORTING
THE MISSING ANGELS INITIATIVE AND URGING ALL MIAMI -DADE COUNTY
MUNICIPALITIES TO PARTICIPATE IN "NATIONAL MISSING CHILDREN'S
DAY "; FURTHER DIRECTING THE VILLAGE CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
A resolution was read, by title, by the Village Clerk, supporting the baby teeth study, known
as the "Tooth Fairy Project."
Mayor Berlin explained that this project measures the radioactivity in the bodies of human
beings, living near nuclear reactors, by collecting and studying the teeth that fall out of
children.
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 Berlin aye • Assistant Mayor
Tantleffave: Councilman Boggess absent: Councilman Gorson aye; Councilman Roth aye Thus
Regular Council Meeting 07/17/2001
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becomine:
RESOLUTION NO. 623
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL
HARBOUR, FLORIDA, SUPPORTING THE BABY TEETH STUDY KNOWN AS
THE "TOOTH FAIRY PROJECT "; RELATING TO RADIATION AND PUBLIC
HEALTH; PROVIDING FOR AN EFFECTIVE DATE.
9.
Elaine Adler, Chairman of Flamingos in Paradise, addressed the Council and
distributed an information booklet. She advised that 300 -500, 8 feet high, flamingos will be
distributed and displayed throughout Miami -Dade County, from December 2002 through
April 2003. Ms. Adler advised that businesses will purchase the flamingos for $4,000-
$5,000, which will be designed by artists and then displayed. In May 2003, the flamingos
will be auctioned for charity (Charlee Program). Ms. Adler explained that she is asking for
the Council's participation by allowing businesses in the area that purchase a flamingo, to
display it in a public place. Councilman Roth thinks that it's good for tourist relations.
Councilman Gorson advised that Councilman Boggess is in favor of this. Mayor Berlin
requested that Mr. Treppeda give an information booklet to Councilman Boggess for the
Resort Tax Committee to make a recommendation to the Council.
10. SELEMON OF BUDGET NEARING RATED Mrs. Horton advised
that, per State Statute, the Village cannot hold the Public Budget Hearings on the same
day as the School Board or the County. She also reported that the second meeting must
be within 15 days of the first meeting. In addition, the meetings cannot be held in
conjunction with the regular Council meeting and they have to be after 5:00 p.m. Mrs.
Horton suggested the following dates for consideration:
September 4'h and September I I 1 at 5:15 p.m.
September I Ith and September 17`h at 5:15 p.m.
September 11`h and September 24`h at 5:15 p.m.
It was the consensus of the Council to hold the first public hearing on Tuesday September 11
2001, at 5:15 p.m. and the second public hearing on Monday September 24 2001 at 5.15 p.m.
11. RE- APPOINTMENT MEMBERS RES01
Horton advised that the current membership of the Resort
James E. Boggess, Chairman
Alex Kalas, Carpaccio Restaurant
A. Anthony Noboa, SunTrust Bank
Dan Kaplan, Sheraton Ball Harbour
Stanley Whitman, Bal Harbour Shops
ittee is as follows:
Mrs. Horton explained that the appointments of these members will expire in July 2001,
therefore the Council needs to re- appoint members to the Committee. She reported that
Mr. Kaplan and Mr. Noboa have confirmed that they are willing to continue their
participation on the Committee. She advised that Mr. Whitman has declined serving again,
but has recommended that his son, Randy Whitman, take his place on the Committee.
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181
Mrs. Horton has not heard a response from Mr. Kalas. Mrs. Horton reviewed a letter
received from Raj Singh, Sea View Hotel General Manager, who would like to be
considered for any opening on the Committee.
Stanley Whitman, Bal Harbour Shops, addressed the Council and suggested replacing
Mr. Kalas with Bob Armenta, Manager of Neiman Marcus, who is a marketing person. He
advised that Mr. Kalas has done a good job, but his attendance at the meetings is not
good. Mayor Berlin discussed Carpaccio's representation on the Committee and advised
that they are a large contributor of resort tax funds. Mrs. Horton thinks that Mr. Kalas is
unable to attend the meetings because of a time element. Assistant Mayor Tantleff
suggested contacting Mr. Kalas before replacing him to ascertain if he is still interested in
serving. He doesn't know why the SunTrust bank has a representative on the Committee.
Assistant Mayor Tantleff is not opposed to Bob Armenta or Raj Singh, whose hotel is a
large contributor of resort tax funds. Mr. Whitman advised that the owner of Carpaccio,
Pierro Philipe, would also be delighted to serve. Mayor Berlin would prefer the owner of
Carpaccio, since they contribute a lot to the resort tax fund. The Council discussed
changing the number of members on the Committee. Mr. Weiss stated that the Code
currently allows for five members and is based on State law. He reported that it would take
two readings to amend the ordinance from five members to seven. Mrs. Horton advised
that the members are appointed for one year.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to
appoint the following people to serve on the Resort Tax Committee: Councilman James Boinzess,
Bob Armenta Dan Kaplan A. Anthony Noboa, and Randy Whitman. The motion carried with
the vote as follows: Mayor Berlin aye: Assistant Mayor Tantleff aye: Councilman ftwess
absent Councilman Gorson aye: Councilman Roth aye.
M REPORTS AND RECOMMENDATIONS**
A. MAYOR AND COUNCIL: Assistant Mayor Tantleff thanked everyone who
attended the Dade County League of Cities Dinner at the Sea View Hotel. He advised that on
Thursday, October 4, 2001, he will be sworn in as the President of the Dade League of Cities,
at the Sheraton.
Discussion of Walkathon to Provide Emergency Relief to
Victims of Domestic Violence and Children: Councilman Roth explained that the
Dade League of Cities is encouraging cities to participate in this as sponsors.
Mr. Weiss thinks that the Village should be careful in supporting charities, unless they are
in the Village. He suggested that the Council have a discussion on how to treat charitable
donations (unanimous vote, organization has to be in the Village, etc.). Mayor Berlin
advised that he personally donates to charities, but he is opposed to using public tax
money for charitable donations.
Additions /Changes to Agenda: A motion was offered by Assistant
Mayor Tantleff and seconded by Councilman Roth to add a resolution to the a¢enda. The motion
carried unanimously (4 -0), with Councilman BoQeess.
A resolution was read, by title, by the Village Clerk, in support of the United States
Regular Council Meeting 07/17/2001 4
106
Southern Military Command remaining at its current location in Miami -Dade County.
Assistant Mayor Tantleff explained that the Generals from the Southern Military Command
attended the Miami -Dade League of Cities meeting to request support for this. He advised
that there are certain Senators that are pushing to move the Command to another state.
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 Berlin aye; Assistant Mayor
Tantleff aye; Councilman Boppess absent; Councilman Gorson aye; Councilman Roth aye. Thus
becoming:
RESOLUTION NO. 621
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE VILLAGE OF BAL
HARBOUR, FLORIDA, IN SUPPORT OF THE UNITED STATES SOUTHERN
MILITARY COMMAND REMAINING AT ITS CURRENT LOCATION IN MIAMI -
DADE COUNTY, FLORIDA.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Update on Park Project Plans: Mr. Treppeda explained that the
Council had previously requested a color rendering of the Park showing the proposed
layout. Elaine Hom, Bradshaw Gill & Associates, addressed the Council and reviewed
the plans including: full basketball court, 10 foot high tennis wall, fence around the
perimeter, decorative pavers, 4 foot high gate along the seawall, 10 foot high fence around
the basketball court, seating to match the furniture on Collins Avenue, 4 foot high fence
enclosing the play area, water play area, and a pavilion with seating and outlets.
Councilman Gorson questioned if the landscaping will hide the tennis wall. Ms. Hom
explained that it will eventually. Larry Barbara, resident -30 Park Drive, questioned the
tennis wall and thinks that it blocks the view of the water from Bal Bay Drive. He
questioned if the water could be seen if the wall is removed. Ms. Hom responded no. Mr.
Barbara questioned if there's an alternate location for the wall. Ms. Hom responded no.
Mr. Barbara stated that this is the second entrance into the Bal Harbour Security District
and he doesn't think that the wall adds anything to the entrance. He feels that it creates a
barrier. Councilman Gorson questioned if the wall will prohibit breeze. Ms. Hom explained
that the wall was put in that area because of a safety issue for the people playing
basketball.
Sylvia Holder, resident — 22 Bal Bay Drive, addressed the Council and expressed her
concern about the noise. Ms. Holder questioned if there is a buffer zone. Ms. Hom
advised that the landscaping will provide some buffer. Ms. Holder stated that she is
against the basketball court and requested that a survey be done of the residents asking if
a court is wanted. Assistant Mayor Tantleff advised that there have been numerous
workshops on the park for input from the residents.
Mayor Berlin advised that this presentation is to update the Council and public on the plans
for the park; it's not to change the design. He explained that the decision was made a long
time ago to build the park and it's not on the agenda to redesign it.
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Mr. Treppeda distributed and reviewed a proposal received from Coral Tech to complete
the park project. He advised that for Danco Development to complete the project, the
Village would have to come up with an additional $67,209.97, over what is currently
available in the budget and reserve. Mr. Treppeda reported that for Coral Tech to complete
the project, the Village would have to come up with an additional $292,104.85, over what is
currently available in the budget and reserve. Mr. Treppeda stated that he cannot justify
going to Coral Tech and paying $292,104.85. Mayor Berlin suggested that the Village
have Danco finish the project that they started. Mr. Weiss agreed.
Pat Tumpson, resident —10185 Collins Avenue (Plaza Condominium), addressed the
Council and questioned if the park would be delegated to only Bal Harbour residents.
Mayor Berlin explained that it would be for the use of Bal Harbour residents and their
guests.
Request for Approval of Beer and Wine License for Santa Fe
News and Espresso: Mr. Treppeda explained that the Santa Fe News & Espresso,
located at the Bal Harbour Shops, is requesting approval for a beer and wine license.
Stanley Whitman, owner— Bal Harbour Shops, addressed the Council and advised that
he is in favor of approving this license for Santa Fe.
Alex Scolnik, owner— Santa Fe News & Espresso, addressed the Council. Mayor Berlin
reviewed the previous concerns of the Council, which included patrons walking around the
Shops with beer and wine bottles. Mayor Berlin advised that if the Council grants this, it
would be with the understanding that the owner would police this. He explained that the
Council doesn't want people walking around the Shops with liquor.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
the Beer and Wine License (2COP) for Santa Fe News & Espresso. The motion carried with the
vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boipess absent
Councilman Gorson aye; Councilman Roth aye.
Award of Bid for Beach Master Plan Proiect: Mr. Treppeda
explained that the following two bids were received for the Beach Master Plan Project:
1. R.L. Saum Construction $1,329,708.59
2. M. Vila & Associates $1,610,571.60
Mr. Treppeda and the Project Manager, Coastal Systems International, recommend that
the Council award the bid to R.L. Saum Construction.
Mayor Berlin requested that Mr. Treppeda advise the Contractor that this project needs to
be completed no later than December 31 st. Mr. Treppeda advised that there are penalties
if they don't complete the project on time. Assistant Mayor Tantleff requested that Mr.
Treppeda advise the Contractor that the Village expects them to stay within the bid
amount.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to award
the bid for the Beach Master Plan Proiect to R.L. Saum Construction. The motion carried with
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101
the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleffave; Councilman Bokeess absent;
Councilman Gorson aye, Councilman Roth aye.
Discussion of Street Lights: Mr. Treppeda reported that DOT is
pushing to plan the project to put in street lights when the Haulover Bridge Project is
complete. Mayor Berlin questioned when the deadline is that the Village has to convey
their choice of the lighting design to DOT.
Israel Magrisso, DOT, addressed the Council and advised that the production date is
December 17, 2001, which is when all the plans are finished and ready to go to
Tallahassee. He advised that the bid date is July 2002 and installation is expected in
October 2002. Mr. Magrisso reported that the deadline for the alternate specifications was
two months ago, in order for DOT to prepare the plans in time to submit to Tallahassee.
He advised that 60% of the plans were due June 22nd, but they weren't able to finish them
because Bal Harbour did not select a design. Mr. Magrisso advised that may jeopardize
the scheduled production date. He also explained that the alternate design that the Council
is considering has a glare. Mr. Magrisso stated that the Village needs to decide whether to
stay with the fixture that was previously selected or speak to Mr. Ramos regarding the
alternate.
Stanley Whitman, Bat Harbour Shops, addressed the Council and advised that according
to Arnold Ramos, the fixture he is suggesting as the alternate puts a little bit of light on the
street and more on the sidewalk, where it's needed. He doesn't think that the Village
should rush into anything. Mr. Whitman recommended that the Council seethe fixture that
Mr. Ramos is suggesting and have a lighting consultant (Hal Hilbish) review it for glare, etc.
Mr. Treppeda advised that Mr. Hilbish is not on retainer right now. He reported that Taft
Bradshaw had previously reviewed the selections and recommended one, but they are not
lighting specialists. He advised that Mr. Hilibish is a lighting specialist. Mr. Treppeda
explained that the problem is that he doesn't have the information on the light fixture that
Mr. Ramos is suggesting and Mr. Ramos is out of town a lot and difficult to reach. Mayor
Berlin stated that the Village only needs the specifications and suggested trying to reach
Mr. Ramos again. He feels that the lighting will make up the ambiance and it makes sense
to make a good choice. Mayor Berlin suggested that Mr. Treppeda try to contact Mr.
Ramos in the next 1 -2 weeks, get the specifications, and then get Hal Hilbish's
recommendation on the fixtures. Mr. Weiss advised that since the Council doesn't meet in
August, the Council can delegate this to the Manager or a Council member to make a
decision. Assistant Mayor Tantleff will work with Mr. Treppeda, DOT, etc. on this issue.
Mr. Treppeda questioned if DOT would approve the alternate light. Mr. Magrisso advised
that they would, but if the fixture goes beyond the amount approved (increases), then the
contribution by the Village would have to increase. Mayor Berlin requested that this come
back to the Council for approval, if the fixture is 10% more than the Village's current
contribution.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth for
Assistant Mayor Tantleff to work with Mr. Treppeda and review the decisions within 4 weeks.
The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Bozzess absent, Councilman Gorson aye: Councilman Roth aye.
Mr. Whitman advised that he met with Danny Iglesias, Sunny Isles Beach Commissioner.
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185
He suggested that the Village send a resolution to the Metropolitan Planning Organization
to change the Haulover Bridge from 4 lanes to 6 lanes. Mr. Whitman advised that if the
Village does so, then Sunny Isles Beach will do the same. Mayor Berlin advised that he is
not a traffic expert and doesn't know if that would be good or not. Mr. Whitman discussed
the traffic problems during major holidays. Mayor Berlin thinks that anything slowing traffic
down coming into the Village is good and anything that makes it faster is bad.
Pattie Fazzino, Gwen Margolis' office, addressed the Council and advised that the
renovation plans for the Haulover area include maintaining two lanes in Haulover. Mr.
Whitman explained that the property is owned by Dade County and widening there would
be no problem. Mayor Berlin advised that he is open to suggestions, but doesn't know of
the ramifications. Councilman Roth suggested asking Mr. Ramos for recommendations.
Mr. Treppeda will write a letter to Mr. Ramos. Ms. Fazzino will have Commissioner
Margolis check into this issue.
Approval of Change Order from Metro Equipment Company
for 12" Ductile Iron Pipe Emergency Water Supply Line: Mr. Treppeda advised
that the Village needs to install a pipe for a secondary water supply, in order to avoid the
interruption of water service if the main line is broken. Mr. Treppeda explained that CAS
has advised that since the pipe needs to run through the Bal Harbour Park, the quickest
thing to do is get a Change Order from Metro Equipment Company, who is working in the
Security District at this point. Mr. Treppeda distributed and reviewed the price received
from Metro Equipment Company in the amount of $25,950.00 for the installation of the
water line. He advised that the fee for CAS to handle the entire project was $29,200.00,
but it has been negotiated down to $26,200.00 (Item 5, Engineering Construction Services,
was reduced by $3,000). Bill Landis, Village Engineer — CAS, addressed the Council.
Mayor Berlin discussed the fee charged by CAS and feels that it was exceptionally large for
the project (30 %). Mr. Landis advised that the construction contract for the project is
$145,000 with an additional $26,000 in engineering fees (permitting, etc.) and the bidding
phase for a total of $146,000 - $150,000. Mr. Landis advised that the inspection fees
during construction are estimated to be $7,200, which it may or may not be. He reported
that their fee should be 20 -25% of the project, which is what it is. Mayor Berlin questioned
the hourly rate. Mr. Landis advised that there is a $60 hourly rate for inspection services.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve.
The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Bopeess absent; Councilman Gorson aye; Councilman Roth ave.
Resort Tax Recommendations: Mr. Treppeda reviewed the
following recommendations made by the Resort Tax Committee at their meeting on July
12, 2001:
1. Guest Chef Series at Cook Works $ 3,500.00
2. Mexico Follow -up FAM by Director of Tourism $ 7,500.00
3. La Cumbre Trade Show Official Media Reception $ 1,250.00
4. Master Card Magazine & Origin Magazine FAM $ 750.00
5. Brochure Distribution $ 100.00
6. Kids Guide FAM $ 1,600.00
TOTAL RECOMMENDED EXPENDITURES $14,700.00
Regular Council Meeting 07/17/2001 8
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Mr. Treppeda also noted on his memorandum that the Resort Tax Committee approved the
inclusion of $10,000.00 for Patricia Peretz to continue doing cultural events for the Village
in the 2001/2002 fiscal year budget. This will be approved through the budget process.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
$14,700 in resort tax funds for the above listed items. The motion carried with the vote as follows:
Mayor Berlin aye; Assistant Mayor Tandeff aye; Councilman Boggess absent; Councilman
Gorson aye; Councilman Roth aye.
8. OTHER BUSINEff2
Mrs. Horton advised that the normal Council meeting in September falls on the 18t ", which
is Rosh Hashanah (Jewish Holiday). It was the consensus of the Council to change the
meeting to Thursday, September 260, at 4:00 p.m.
Pattie Fazzino, Commissioner Gwen Margolis' office, advised that on Thursday night there
will be a public hearing at 5:00 p.m., at the North Miami Beach Library, to discuss
redistricting District 4. She advised that this is for the County Commission level, not the
Legislative level. Ms. Fazzino advised that they want to keep the beach municipalities
together. Mr. Treppeda will attend the public hearing and report back to the Council.
Larry Barbara, resident — 30 Park Drive, addressed the Council and discussed issues
concerning the Pilchers Group proposed interest in the redevelopment of Camden Drive
and Park Drive. Mr. Barbara advised that the Group met with the Security District Civic
Association to introduce the proposed project and to request placement on the agenda for
their September meeting (September 11). He is unclear on what process to follow in
pursuing the interest in this property with the Village. Mr. Barbara previously spoke with
Mr. Weiss, who advised that there is a letter that outlines the procedures. Mrs. Horton will
send Mr. Barbara a copy of the letter. Mr. Barbara stated that in the event that they need
more assistance than what the letter outlines, he questioned if the Council can help in what
and how they can approach the Council to define the path that they need to follow.
Mayor Berlin reviewed that Mr. Barbara approached the Council with a presentation to give
a preview of the Pilchers Group idea for redevelopment of a particular property.
Subsequent to that, the Council generically discussed the concept of redevelopment for all
of the low -rise buildings (west side of Collins Avenue and in the Security District). At that
meeting, it was resolved that the Council would direct a group to study this issue and come
back with a recommendation on what the Council should consider, with regard to the
redevelopment of the low rise areas. Mayor Berlin advised that nothing will be done until
the Council sees a recommendation for the new variance and /or architectural design for
that area. He advised that the Council is waiting to see when and if Dan Nieda, Building
Official, and Mike Miller, Village Planner, make a recommendation on the proposed land
use study. Mayor Berlin feels that taking one particular project in advance of that might
work badly for everyone.
Mr. Barbara stated that he shares the same concern, in regards to his project running
concurrently with Mr. Miller's proposed land use study. He stated that he would welcome
the opportunity to work with Mr. Miller in making recommendations or participating in the
study; that it be done simultaneously. Mayor Berlin requested that Mr. Treppeda advise
Regular Council Meeting 07/17/2001 9
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Mr. Miller that the Council would like him to be on the agenda for the September Council
meeting to either present the report or update the Council on the status of the project. Mr.
Treppeda advised that Mr. Miller has come up with some recommendations, but the first
step is for him to review the recommendations with Mr. Nieda, which hasn't happened yet.
Mayor Berlin also requested that Mr. Miller meet with the Civic Association and the other
co -op associations that are affected for input (workshop meetings). Mr. Barbara requested
that the Council give Mr. Miller the approval to work with him in determining and preparing
what possibilities are available for redevelopment of the low -rise areas. Assistant Mayor
Tantleff doesn't think that Mr. Miller needs help with that. Councilman Gorson feels that
would be a conflict of interest. Mayor Berlin agreed and feels that it would be appropriate
for Mr. Miller and Mr. Nieda to get input from various interests, but that it would not be
appropriate for Mr. Barbara to be driving the report that Mr. Miller is going to prepare. He
explained that Mr. Barbara can have input in the process, but cannot be part of the
decision making process. Mayor Berlin reported that it's important that Mr. Nieda and Mr.
Miller remain independent, in order to advise the Council. He advised that Mr. Barbara will
be entitled to be at the Council meeting when Mr. Miller presents his report and to speak
and critique it. He will also be entitled to participate in all of the workshops. Mr. Barbara
stated that Mr. Miller was putting together an overall plan for the multi - family buildings
(west side of Collins Avenue and Security District). The Pilchers Group had suggestions
that were more specifically directed to their project and the other multi - family properties
along Park Drive between Camden and Bal Cross. Mr. Barbara believes that is how the
Pitchers Group can be more effective, because they have spent time with their designers
and consultants on their proposed property and are willing and wanting to share some of
that information for those properties along Park, where it could also be applicable. Mayor
Berlin suggested that Mr. Barbara contact Mr. Miller, who will be happy to meet with him.
Mayor Berlin advised that there are two different issues. The first issue is what the
recommendations are from Mr. Nieda and Mr. Miller, with regard to zoning in the low -rise
multi - family areas. The second issue, which is specific to Mr. Barbara's project, is re- zoning
single family to multi - family, which will be dealt with on a separate basis and analysis.
Mayor Berlin doesn't want Mr. Barbara to be mislead or caught up in the process to his
detriment, because it could be the case that the Council could come out with a set of
zoning amendments that are compatible with the Pilchers project, but be opposed to
rezoning from single family to multi - family. That may or may not be the outcome.
Mr. Barbara understands that there are two issues and questioned, in particular to the
Pitchers project and the rezoning of that single family lot, if the Council has any
suggestions at this point, aside from discussing it with the Civic Association and getting
their opinion. Mr. Weiss advised that Mr. Barbara cannot ask for the Council's opinion
regarding rezoning a specific piece of property, because that would be quasi - judicial.
Mr. Barbara advised that the Pilchers Group is looking in the interest of Bal Harbour, so if
this project doesn't have the support of the residents and Council, then this will not become
a court case. Mr. Barbara reported that at this point, they have not received any negative
responses from the residents that they have spoken with. He advised that they have heard
from concerned residents and it's their obligation to educate and to very clearly explain
what they propose to do and how it will affect Bal Harbour. Mr. Barbara will have the
meeting with the Civic Association. He advised that at some point, when they feel that they
have concluded and have come to some agreement of whether they're going to move
forward or not, then they would like to approach the Council again, hopefully with the Civic
Regular Council Meeting 07/17/2001 10
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Association's approval. Mr. Barbara will follow the procedure for proposing the rezoning
changes.
14. ADJOURN: There being no further business to come before the Council, a
motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to adiourn.
The motion carried unanimously (4 -0), with Councilman Boggess absent, and the meeting
adjourned at 4:55 p.m. -
Mayor Howard J. Berlin
Attest:
Jeanette Horton, CMC /AAE
Village Clerk
/elh
Regular Council Meeting 07/17/2001