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HomeMy Public PortalAbout2001-09-20 Regular Meeting198 COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 20. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Thursday, September 20, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 4:00 p.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel Tantleff Councilman James E. Boggess Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. Mayor Berlin requested that a moment of silence be taken to honor and remember those friends and family who were lost on September 11tn 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mrs. Horvath. i. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the July 17, 2001, Regular Council Meeting, September II, 2001, First Budget Meeting, and September 11, 2001, Special Council Meeting. The motion carried unanimously (5-0),_ and the minutes were approved as submitted. 4. PRESENTATIONS: None 5. PUBLIC HEARINGS: Mr. Weiss read the following notice from the agenda: Please be advised that the following item on the agenda is quasi-judicial in nature. If you wish to comment upon this item, please inform the Mayor when he asks for public input on the item. An opportunity for persons to speak will be made available after the applicant and staff have made their presentations on this item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Council to ask questions of staff or witnesses in their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. (Disclosure of ex -pane communications) Regular Council Meeting 09/20/2001 I 199 Mr. Weiss asked the members of the Council to disclose any ex-parte communications that they may have had regarding this variance item. There being no communications, the meeting continued. Those planning to testify at the hearing were sworn in by Mrs. Horton. The variance request was read by Mrs. Horton as follows: OWNER OF THE PLAZA OF BAL HARBOUR CONDOMINIUM, INC. LOCATED ON THE PLAT OF "OCEAN FRONT SECTION OF BAY HARBOR," MORE COMMONLY KNOWN AS 10185 COLLINS AVENUE, BAL HARBOUR, FLORIDA, HAS APPLIED FOR A NON-USE VARIANCE FROM SECTION 21-354(e)(1) WHERE CANOPY OR OTHER ARCHITECTURAL FEATURE MAY NOT EXCEED MORE THAN FOUR FEET INTO THE SETBACK AREA AND A CANOPY PROJECTION OF 18 FEET HAS BEEN REQUESTED. Mayor Berlin advised that since this is the first non-use variance application to come before the Council under the new standard, he would like the Village Attorney to discuss the burdens and criteria, so the applicant will understand and the Council will know what needs to be considered. Nancy Stroud, Village Attorney, addressed the Council and explained the non -variance standard. Ms. Stroud read the section from the Code that provides the standard for variances, in all but the business districts (21-53b1). She advised that this application has to do with a project in the ocean front district. Ms. Stroud read the following: "in specific cases where the literal and strict enforcement of the applicable provisions of these zoning regulations, or other regulations or provisions of this Code, would result in undue or unnecessary hardship, the Village Council, following a public hearing, may grant a petition for nonuse variance from said regulations as will provide substantial justice and not be contrary to the public interest reflected in said regulations, provided the Council makes the following findings: a. The subject property has special conditions, not applying generally to other neighboring properties in the same zoning district, which occasion the necessity for the petitioned variance. b. The development resulting from the granting of such variance shall be in harmony with the policies embodied within the Village Comprehensive Plan. Ms. Stroud stated this amendment was made to the Village Code several years (1 1/2) ago that changed, what then was a compatibility standard, to what is now a hardship standard. She advised that looking at the case law regarding what a hardship means, under Florida zoning law, a hardship is something that is strictly construed and the kinds of hardships that the Courts have accepted as reasons to grant a variance are: if a variance isn't granted, that would preclude an economic use of the property, or that the property itself (the land) is on an irregularly shaped parcel. She advised that case law also says that an economic disadvantage alone does not create a hardship. Ms. Stroud advised that items c-h under the section are also applicable. Mayor Berlin read section g from the Code as follows: g 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. Regular Council Meeting 09/20/2001 2 200 Mayor Berlin questioned what that means. Ms. Stroud explained that relates to the geographic nature of the property, such as an irregularly shaped lot. Mayor Berlin clarified that the difference between personal and uniqueness would be the following: personal is wanting to build a garage because I don't have a garage, but otherwise my property is a standard designed property. Whereby, unique would be if the property is shaped in a triangle and is different from all the other properties, which makes it difficult for that property to be dealt with similarly to all other properties. Ms. Stroud agreed and advised that it doesn't have so much to do with the structure itself, but the underlying shape of the land. Councilman Roth questioned if there is anything regarding if the applicant had a similar structure prior and now wants to put something back of similar nature. Ms. Stroud advised that is not something that is dealt with under variance criteria. So, that circumstance doesn't really have anything to do with evaluating the variance. She explained that in this case, there was a structure that was grandfathered, but since that structure was taken down, the grandfathering doesn't continue to apply. Mr. Weiss advised that this is a very strict standard. He explained that a lot of the things that would normally be considered to be a hardship, (expensive, hard to use, etc.) are not a hardship under this standard. It's a legal zoning hardship, which almost always has to do with the shape of the property. Daniel Nieda, Building Official, addressed the Council and reported that there have not been any objections to this variance request, as of this afternoon. Mr. Nieda read the following recommendation, for the Nonuse Variance Request for the Plaza of Bal Harbour Condominium, (10185 Collins Avenue) into the record: BACKGROUND: The applicant has submitted for consideration a non-use variance request for a new 54 feet wide by 18 feet deep canopy projection intended to serve as a vehicular porte cochere for the Collins Avenue front facade of the above referenced I4-story condominium building. Design development drawings are prepared by Joseph Middlebrooks & Associates Architects and consist of a perspective rendering and drawings A-1.1 through A-3.1, dated August 2001. RECOMMENDATION: The subject nonuse variance request is seeking relief from the requirements of Section 21-354(e)(1) that stipulates the following: "In the Ocean Front District, balconies and other ornamental architectural features above the first story may be extended not more than four feet into the setback areas, and there shall not be less than ten feet clear headroom under the lowest such projection." The preceding requirement is the only section of the Code that specifically sets criteria for canopies and other architectural projections into setback areas. However, it is restricted to projections into side and rear yards only. Since the applicant is seeking a nonuse variance for a canopy projection into the front yard setback area, there is no relevant Code section to address this specific variance request. The lack of guidance in the Code for requirements on the placement of a common architectural feature, such as a front yard canopy projection, creates an adverse condition for any applicant. The Code implies that canopies should be placed in the side or rear yard, which is counter intuitive to the normal front yard vehicular approach to most building structures. In effect, the Code does not allow any projections into front yard setback areas and would require that such projections comply with the principal front yard requirements for the principal structure. The subject principal structure is a non -compliant grandfathered condition that is placed on Regular Council Meeting 09/20/2001 3 201 the site, with its front facade set back 100 feet from the Collins Avenue right-of-way, as indicated in drawing A-1.1. The proposed canopy projection of 18 feet reduces the front yard setback to 82 feet. Section 21-291(1) requires that front yard setbacks in the Ocean Front District, are 150 feet for a 17- story structure, and an additional 18 feet would have to be provided to accommodate a canopy within the permitted Code criteria, for a total setback of 168 feet. Accordingly, the applicant is requesting a non-use variance for an 82 feet front yard setback, where 168 feet is required, or an encroachment of 86 feet. The applicant's ability to comply with current Code requirements is limited by the fact that the front facade is placed at the 100 feet setback line, as a grandfathered non -compliant condition. The proposed canopy projection would be a beneficial architectural feature to the front facade of the Plaza Condominium, as it facilitates vehicular arrival at the building's entrance protected from the sun and inclement weather. The cantilevered structural frame, with its translucent glazing panels, is a restrained and elegant design that will enhance the aesthetic composition of the front facade. The Architect's rendering and canopy section portray a good representation of these features. Section 21-53(b)(1 through 4) sets forth criteria for the Council's consideration in granting a nonuse variance. The variance request should respond to several core issues: whether it is not contrary to the public interest, does it negatively impair the rights or value of adjacent properties, and whether the variance does not arise from personal needs, but instead relate to the uniqueness of the subject property. The Council may consider granting a variance upon review of the applicant's evidence. It is the responsibility of the applicant to submit evidence in response to the above and any other applicable Code criteria. Mr. Nieda reviewed the renderings for the project. Kirk Deleon, Attorney for the Plaza Condominium, addressed the Council. Mr. DeLeon believes that the concept of uniqueness applies to this situation, due to the 100-foot setback being grandfathered in. Therefore, the property needs to be looked at to determine how the needs of the residents and the Village can be reached. He also feels that the project meets the spirit of federal guidelines that require buildings to provide safe ingress/egress for all people, especially those that are disabled and elderly, which this building has. Mr. DeLeon stated that all other buildings of similar size in the same district have a mechanism whereby residents can enter and leave the premises in a covered fashion; however, this building doesn't have that capacity any longer. He displayed a photograph indicating that there was originally a canopy on the building, which was destroyed by a storm and had to be removed. Mr. DeLeon advised that this variance seeks to give the Plaza similar protection that it had in the past. He agreed that, with the new standard, ideas of grandfathering no longer apply. However, he feels that the criteria under Section 21-53 have been met. He proceeded to review the criteria under the variance section. Mr. DeLeon believes that the property has a special condition that sets it apart from others that are similarly situated, because there are elderly and disabled people in the building that aren't provided a safe ingress/egress. He also believes that the development resulting from the granting of such a variance is in harmony with the qualities of the Village Comprehensive Plan. Mr. DeLeon stated that the health, safety and welfare of the people living in the Village are incorporated in the Comprehensive Plan. He believes that the construction and design of the canopy complies with the Village's scheme and is necessary to comply with the spirit of federal laws, which require safe ingress/egress from buildings. Mr. DeLeon advised that the third criteria is whether or not the granting of such a Regular Council Meeting 09/20/2001 4 202 variance is consistent with the general purpose and intent of applicable zoning laws. He stated that is tough to answer because the applicable zoning laws now require a 150-foot setback. This property is unique in that is could never achieve the 150-foot setback and has had a 100-foot setback, which cannot be changed. Mr. DeLeon stated that it's the Council's job to decide whether or not this kind of structure is important for the protection of the citizens. Mr. DeLeon reviewed the canopy's affect on neighboring properties. He feels that the issue is whether or not the goal in requesting this variance is for the purpose of protecting the residents. Mr. DeLeon also believes that this is in the public's interest, as reflected in the applicable regulations. He advised that the Village Code does not give much guidance for putting a canopy in the front yard. Therefore, he asked that the Council use its discretion to look at the request and determine that this is beneficial for the health, safety and welfare for the residents of Bal Harbour and, specifically, for the residents of the Plaza. Mr. DeLeon advised that several residents from the Plaza are present and are willing to make statements regarding the need for this structure. There being no additional comments, Mayor Berlin closed the public hearing. Mayor Berlin is concerned that there is no Code guidance, with regard to a front canopy. He questioned the interplay between the federal law (access for disabled people) and local zoning law. Ms. Stroud advised that the federal law requires that a reasonable accommodation be made for disabled (ramps, etc). She doesn't know of any case law that addresses whether an overhang is a necessary reasonable accommodation. Mayor Berlin stated that if a canopy could be construed like a ramp, then theoretically there could be a loophole that they could slip through for this particular variance. Ms. Stroud agreed that theoretically they could. Mayor Berlin doesn't see how the grandfathering of the 100-foot setback applies to them seeking a variance just because they're already not in compliance. Mr. Weiss stated that it doesn't. He advised that the fact that they're not compliant and then the law changed is giving them a benefit by virtue in the fact that they're not being asked to tear down the building. However, any further additions to the building don't get any special status because the rest of the building is grandfathered. Mayor Berlin questioned if someone is grandfathered in with a non -compliant property, if that makes them unique under the law. Mr. Weiss stated that it makes the property unique, but doesn't rise to the level of a legal zoning hardship, which is the Council's decision. He advised that generally man-made obstacles or improvements are personal and are not a uniqueness of the physical property. Mayor Berlin clarified that the health, safety, and welfare of the residents of the Plaza are personal, not a uniqueness of the physical property. Mayor Berlin stated that the Plaza has submitted a very nice proposal that makes sense and he understands the purpose of it and how it would benefit the residents of the Plaza: however, he is concerned that it doesn't seem to fit within the law of what needs to be shown to have a hardship. Mr. Weiss explained that the Zoning Code is written such that everything is prohibited, unless it's permitted. He advised that if the Council has an interest in helping this applicant, then the Code should be amended dealing with the canopy situation. Otherwise, it would be trying to go around the standard, which would erode the standard. Mr. Weiss stated that if the Council isn't happy with the standard, then that can also be changed. But, as long as the standard is there, he would rather see the Council change the Code with respect to awnings, which is a straightforward approach and doesn't Regular Council Meeting 09/20/2001 5 203 set precedence for other buildings. Councilman Boggess stated that not many variances are given in the Village and he thinks that the hardship provision paints the Council in a corner and gives them no discretion. He would like to do away with the hardship standard and continue with the path of being very careful about any variance. Councilman Boggess thinks that this is a reasonable variance request. Assistant Mayor Tantleff questioned if there are other buildings in the Village that fit the criteria that if they lost their existing canopy, they would also be grandfathered into a setback. In other words, are there any other buildings that were built before the Code change, so that if they lose their canopy they wouldn't be able to put it back up because they are already in the setback. Mr. Nieda advised that he's not familiar with any other similar cases, but thinks that most buildings are set back far enough that it's not a problem. The only other buildings might be the Harbour House structures. Assistant Mayor Tantleff questioned if the awning can be grandfathered in with the building. Mr. Nieda stated that once a grandfathered condition is taken down, it is no longer grandfathered. He advised that if they had repaired that canopy (reinforced it and new canvas), then they would have been able to keep it. However, the fact that they took it down, doesn't give them the right to put it back again. Assistant Mayor Tantleff thinks that the Council needs to do something to ensure that the Plaza has a canopy, such as changing the Code. He doesn't think that this rises to the level to grant a hardship variance. Councilman Roth thinks that logically the building had a canopy for many years and thinks that a way should be found to accommodate them having a canopy, such as by amending the Code. Councilman Gorson is concerned that approving the variance would affect what future buildings want. Mayor Berlin advised that if the Council decided that this would constitute a hardship, it would have precedence on future variance requests. Roberto Beltran, Architect for the Plaza, addressed the Council and advised that most of the other buildings on Collins Avenue oceanfront already have a canopy. Mayor Berlin advised that it isn't that other buildings would seek to have a canopy; it is that other variance applicants could argue that the Council granted a non-use variance where there wasn't a hardship. Mayor Berlin stated that he echoes the comments and is very sympathetic to this request and would like to find a way to accommodate the Plaza. Mr. DeLeon stated that the Code has no guidance for awnings in the front of buildings and feels that it's in the Council's interest to look at the ambiguity in the Code considering the front awning and use its discretion in order to approve this request. He stated it could potentially exempt it from the variance consideration, but it would fall under the guidelines of an awning for the front of a building. Mayor Berlin recommended that the Council consider tabling this, meet with the Building Official, and look at the front canopy issue to try and find a solution. Mr. Weiss suggested denying the variance request because it's not in accordance with the standards. Then the Village Attorney can be directed to prepare an amendment to the Zoning Code that would allow the Plaza to do this. Mr. Weiss advised that an amendment to the Zoning Code would take two readings. He stated that the Plaza would not need to appear again before the Council in terms of a variance. The Council would just be writing something into the Code that would allow them to have the canopy. Assistant Mayor Tantleff doesn't want to deny this request, because if the applicant doesn't Regular Council Meeting 09/20/2001 6 204 like something that is in the Code, then they couldn't come back again with a variance request since it was already denied. He suggested tabling the issue and seeing if everyone is happy with the Code changes. Mr. DeLeon doesn't have a problem with deferring this if a solution is at the end. He also asked the Council to consider that the Code doesn't have a timeline that specifically talks about what happens when a structure is destroyed by a storm and the amount of time it takes to rebuild that structure. Mr. DeLeon requested that the Council also consider that the Plaza had a canopy in place 8 months ago and are trying to replace it now. He advised that the Plaza would be willing to wait 60 days for the amendment to the Code. Fred Kriegel, resident — Plaza Condominium, addressed the Council. Mr. Kriegel was sworn in by Mrs. Horton. Mr. Kriegel doesn't understand why the Council doesn't approve this because the Plaza is only trying to enhance the condominium. Assistant Mayor Tantleff explained that the Council is doing what it can within the law. He advised that the Council is on the Plaza's side and this is the first time the Council is hearing about the canopy. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to defer this item until the November Council Meeting and have the Village Attorney look at changing the Code. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None 7. ORDINANCES FIRST READING: None Mayor Berlin advised that the Beach Master Plan items on the agenda will be taken out of order, since Mr. Sasso needs to leave. Approval of Change Order for Crushed Shell Surface on jogging Path: Harvey Sasso, Coastal Systems International, addressed the Council and advised that the project is moving forward and is on schedule. He advised that the only issue is the question of whether to use shell rock on the surface of the jogging path. Mr. Sasso explained that initially it was required in the construction plans that the shell rock be placed; however, the contractors bidding the project advised that there was no shell rock available in town and questioned if the base material could be put down instead. He advised that for the purposes of maintaining the expedited approval and the implementation of the project, the bids were accepted using the base material (compacted limerock) because shell rock was not available. Since that time, the Contractor has found shell rock in Naples, according to the original specifications, which would cost $27,000 incremental (there's a cost reduction associated with removing the 4" of base and putting in the shell rock). Mr. Sasso reported that the project is $100,000 under budget, so even with the $27,000 increase for the shell rock, the project would still be $73,000 under the original budgeted amount. He advised that crushed shell is better than limerock. Mr. Sasso stated that the Contractor would also like 30 days added to the contract in order to have time to have the shell rock brought in from Naples, which would take the project into late January 2002. He explained that the Council can either decide to finish the job as proposed leaving the path 4" below the borders and come back next summer to do the shell rock, or do the shell rock now. Mr. Sasso recommended approving the $27,000 for the shell rock and extending the contract 30 days. Mayor Berlin thinks that it would be better to do the shell Regular Council Meeting 09/20/2001 7 205 rock now and suggested encouraging the Contractor to expedite it. Councilman Roth suggested a bonus if the project is completed by December 31st. Assistant Mayor Tantleff is against rushing the Contractor and dangling a bonus because then the quality of the work may not be the same. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $27,000 for the change order for a crushed shell surface on the fogging path and the extension of 30 days to the contract. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Update on Beach Master Plan and Discussion of Irrigation Issue — Harvey Sasso: Christy Brush, Coastal Systems International, addressed the Council and discussed the process with the Department of Environmental Protection (DEP). She explained that the permit issued in the Spring (for the dune restoration and path) required that an irrigation system be installed and maintained until the vegetation for the project is established, which infers that it be a temporary system. However, the Village would like the irrigation to be permanent for this project. Ms. Brush advised that a request has been made to the DEP asking for consideration of this as a permanent system. She advised that in the time frame of the construction, the DEP is not comfortable with revising the permits to allow the permanent system to be stated clearly in the permit. She explained that the Florida Fish & Wildlife Conservation Commission wrote a letter to the DEP stating some concerns of the possibility that water from the irrigation system could impact turtle nests near the vegetation. Ms. Brush advised that she has responded to their concerns with a few technical points regarding the system (water is directed away from the nesting beach into the vegetation, the vegetation itself would trap a significant amount of water, and any water that reached the ground would infiltrate very quickly because it's sand). She advised that the DEP has agreed with the technical points and that the system as designed is acceptable, but in the time frame of being currently under construction, they cannot get through the process, make them comfortable, and negotiate with all the agencies required in order to get that approval now. However, Ms. Brush thinks that there's a very high chance that the Village will receive approval. But, the risk is that if it isn't approved, the Village would have to take it out. Ms. Brush reported that the DEP staff has indicated that it would not be a priority for them to ask the Village to remove the irrigation system. However, if there was ever an issue, there is not clear documentation right now that allows the system to be permanent. She advised that the language is that the system can remain in place until the vegetation can be established. At the point where that debate comes up, the Village would have to speak to whether or not the vegetation is established and whether or not the system could stay. In addition, due to lack of rainfall, etc., the vegetation may not establish in the time period they think. Ms. Brush advised that the Village has the following three alternatives: 1) Change the irrigation design to a temporary system 2) Put the system in, as is, and wait 1-2 years to request permanent placement. By then, Coastal Systems could probably show that it doesn't impact turtle nesting. 3) Put the system in, as is, and see if DEP would not prioritize asking for removal of the system. Then address the issue if it ever comes up. Ms. Brush recommended that the Council go forward with the system as designed. It was the consensus of the Council to go forward with the existing design. Mayor Berlin advised that it can be taken up in the future (1-2 years) to decide whether to leave it as a "permanent Regular Council Meeting 09/20/2001 8 206 temporary" or go for a permanent permit. Approval of $7,500 for Survey for Beach Master Plan: Mr. Treppeda explained that he approved a survey, during the Council's recess, which Coastal Systems International needed to proceed. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $'7,500 for a survey for the Beach Master Plan. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval of $3,500 for Carlton Terrace Plan Revision for Beach Master Plan: Mr. Treppeda explained that he originally met with all of the buildings and, at that time, the Carlton Terrace was happy with the Beach Master Plan. He reported that they have recently asked for some changes to the design of the plan, which would cost up to $3,500, depending on how many hours it takes for the landscape architect to make the changes. Mr. Treppeda advised that the Carlton Terrace has not signed the easement for the Beach Master Plan yet and doesn't plan to, until this matter is settled. Mr. Treppeda stated that the choice is either to pay the $3,500 to revise the plan, or skip that building and design the project around it. Mayor Berlin questioned how this came about. Mr. Treppeda stated that the building next to the Carlton Terrace might have been sold and thinks that the Carlton Terrace is thinking that they may be approached soon. He advised that the Carlton Terrace fence is located pretty far to the west and could be further east. So, if someone wanted to move a barrier or a fence out further, the current plan would interfere with that. Mayor Berlin doesn't like the way that their Association brought this up, but doesn't want to disagree if it's in the Village's interest and the overall project would look better with this in, versus just bypassing them. Councilman Roth thinks that if they want that change and it's for their interest and benefit, then it's only reasonable that the Carlton Terrace pay the $3,500, not the Village. Assistant Mayor Tantleff doesn't think that $3,500 should be nit- picked and not have the plan, as the Village wanted it. Councilman Boggess stated that the Carlton Terrace Association has had time to object to the plans in the past and they didn't. He suggested working around them. Mr. Sasso advised that it's not much of a re- work to the project, but the Contractor may construe it as creating a delay. Mayor Berlin questioned if it's detrimental to the project not to have the landscaping behind that building. Ms. Brush advised that the project wouldn't be impaired time wise, but there would be an inconsistency because there would be less vegetation there. Mr. Sasso doesn't like the concept of being held hostage, but for $3,500 he doesn't want to be in a position with the Contractor where things are being changed. He explained that it may end up costing more in extending the Contractor's time, etc. Councilman Roth isn't concerned about the gap in vegetation and thinks that the Carlton Terrace's request is unreasonable. Mr. Sasso advised that the Village can decide to skip the landscaping behind the Carlton Terrace, pay the money and make the changes, or pay the money and work it out with the Carlton Terrace Association later on. Sheryl Goldberg, resident —9801 Collins Avenue, agreed that aesthetically it would be an enhancement to the overall plan to pay the $3,500. Assistant Mayor Tantleff stated that he agrees with Councilman Roth that it's petty what the Regular Council Meeting 09/20/2001 9 207 Carlton Terrace is doing, but for a project of this magnitude, he's going to vote to approve the money. If Councilman Roth speaks to these people, he requested that they be told how offended the Council is and maybe they will put in some money. Mayor Berlin expressed that he didn't like the way that this came to the Council, but feels that it's in the best interest of the Village, and the magnitude of the project, to go ahead with it. Councilman Roth thinks that the Council is setting precedence if it agrees to pay the $3,500 for the change. He advised that it's not the money issue, it's the principle. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Boggess to approve $3,500 for the Carlton Terrace plan revision to the Beach Master Plan, subject to the following condition: a letter is to be sent by the Village Manager, on behalf of the Council, to the Carlton Terrace Association advising how deeply offended the Council was by their methods in doing this and that the Council is doing this for the overall benefit of the Village and not for them. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye• Councilman Boggess aye; Councilman Gorson nay; Councilman Roth nay. 8. RESOLUTIONS: A Resolution was read, by title, by the Village Clerk, adopting an assessment roll for the Security District. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. 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 Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: RESOLUTION NO. 625 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A resolution was read, by title, by the Village Clerk, urging Congress to increase Federal funding for HIV/AIDS research as follows: RESOLUTION NO. _ A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, URGING CONGRESS TO INCREASE FEDERAL FUNDING FOR HIV/AIDS RESEARCH; PROVIDING FOR AN EFFECTIVE DATE. Assistant Mayor Tantleff advised that this resolution comes from the Miami -Dade County League of Cities for consideration. Mayor Berlin stated that recently the Village passed a "Tooth Fairy resolution sent by Sunny Isles Beach relating to radiation. He reported that he now has information from FPL saying that the Village shouldn't have passed that resolution, the Council was misinformed, and FPL would like the Village to rescind that resolution. Mayor Berlin advised that the Village receives a lot of requests for resolutions Regular Council Meeting 09/20/2001 10 208 and would like the Council to approve certain criteria to be met, in order for a resolution to be considered. He stated that this particular resolution is an example because it doesn't deal directly with an issue within the Village; it's more of a national or statewide issue. Mayor Berlin clarified that he has nothing against the idea of research for AIDS, but wants to understand if the Council is going to approve all resolutions that are received, or if there should be some discretion. Councilman Roth thinks that if the Village is represented at the Dade League of Cities and all the cities in the League are passing similar resolutions, then the Village should. Assistant Mayor Tantleff agreed that the Village gets a lot of requests for resolutions; however, if the federal government receives a lot of resolutions from cities on a particular issue, then they know that the cities care about that particular issue. He agreed that there should be some criteria. Councilman Boggess is not sure that additional research is the answer and thinks that it's a poor time to be asking the federal government for a program like this when it's facing untold billions in defense spending. He thinks that it's inappropriate at this time and is opposed to it. It was the consensus of the Council for the Mayor to screen all resolutions before they are placed on the agenda. 12. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Berlin advised that he attending a meeting with the Mayor of Miami Beach and the Mayor of Surfside. He reported that the School Board and the City of Miami Beach are pushing forward in an effort to get the reconstruction approval of Miami Beach High. He explained that currently $26 million has been approved for reconstruction; however, it will cost $38 million for a new school. So, they are going back to Tallahassee to try to get an approval for the full amount of money. If they get that, then they will go back to the School Board. He advised that it will take 3-6 months of process. If the School Board approves the additional capital outlay, then it could be in the design and permitting by the end of 2002. Mayor Berlin discussed beach renourishment. He advised that the Army Corps of Engineers will be installing the first breaker off 34th Street, which should help sand from drifting. If the first breaker works, then they will be installing the breakers further north. Assistant Mayor Tantleff announced that on October 4th he will become the President of the Miami -Dade County League of Cities. He also advised that he was elected to the Florida League of Cities Board of Directors. Discussion of Criteria for Inclusion in Founders Circle — Assistant Mayor Tantleff: Assistant Mayor Tantleff suggested replacing the sign at Founders' Circle and requested that the Council consider having a separate area with a plaque for Council members to be recognized, who have served a long time (12 years). Councilman Boggess advised that Stanley Whitman's name is on the Founders' Circle plaque and he has recommended doing away with the plaque there, or having it in the Park. Mayor Berlin suggested keeping Founders' Circle for the founders and putting something else in the Park. Sheryl Goldberg addressed the Council and thinks that Council recognition should be reserved for Village Hall. Assistant Mayor Tantleff will form a Committee to study this issue. Regular Council Meeting 09/20/2001 11 209 Councilman Roth advised that the City of Miami is donating $500,000 to the City of New York Relief Fund. He also advised that the City of Miami Beach is donating up to $500,000 to match donations given by residents for the September 11th Fund. Councilman Roth suggested that the Village donate a minimum of $5,000 to the fund. Mayor Berlin reported that he is personally sending money, in addition to his firm sending money. He feels that it's inappropriate for the Village to contribute to charitable organizations; although it's a worthy and commendable proposal. Assistant MayorTantleff agrees with the principle and thinks that in this instance, a Village contribution of $1 per resident would be appropriate. Councilman Gorson thinks that the Council and Village residents are doing what they want to personally. Mayor Berlin stated that the boundaries of the impact of the attack are still unknown. He explained that business at the Sheraton Hotel and the Shops is down and the Village will be affected tremendously in tourist revenue. So, the thought of using Village funds for this, even though it is for a good cause, is not the purpose of the Council. The purpose of the Council is to protect the Village's funds. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve donating $1 per Village resident to a bonafied relief fund (fireman, city, etc.). The motion was denied with the vote as follows: Mayor Berlin nay; Assistant Mayor Tantleff aye; Councilman Boggess nay; Councilman Gorson nay; Councilman Roth aye. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Approval of Gas Mask Purchase for Police Department: Mr. Treppeda explained that this is not a result of the September 11111 Terrorist Attack, it is something that the Chief has been working on for a long time. He advised that the Chief would like to use $4,600 of forfeiture funds to purchase 23 gas masks for the police department. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $4,600 of forfeiture funds to purchase gas masks for the Police Department. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval for Expenditure of Forfeiture Funds to Purchase a Table for Annual LEO Awards: Mr. Treppeda reported that the Chief would also like to expend forfeiture funds to purchase a table for the Police Officer Assistance Trust Annual Law Enforcement Officer Awards for $1,000. He advised that a table was also purchased last year. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $1,000 of forfeiture funds to purchase a table for the annual LEO Awards. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval of Metro Equipment Change Order #2 for Additional Water Valves Requested by Village: Mr. Treppeda advised that this is for water valves Regular Council Meeting 09/20/2001 12 210 that the Village asked Metro Equipment to replace while they were here working on the valve replacements in the Security District. He explained that additional valves were found that were inoperative and was much less expensive to have the work done while the ground was open. Mr. Treppeda advised that this was approved by him during the summer, when Council approval was not available. He explained that the amount is $29,000 and there are funds available in the budget. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $29,000 for Metro Equipment to install additional water valves requested by the Village. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Recommendation of Appointment of Carolyn Howard as Special Master: Mr. Treppeda explained that the Code allows the Village Manager to appoint as many special masters to hear code enforcement violations cases as necessary, with ratification by the Council. He advised there are currently only two Special Masters for the Village and one of them will not hear cases inside the Security District, so he would like to add another special master. Mr. Treppeda advised that Carolyn Howard's resume is enclosed and reported that she is currently a Special Master for Surfside and Miami Beach. He also reported that the Code Enforcement Officer, May Mangone, has taken cases before Ms. Howard at Surfside and Miami Beach. Mr. Treppeda recommended appointing Carolyn Howard as a Special Master for the Village. A motion was offered by Councilman Roth and seconded by Councilman Boggess to appoint Carolyn Howard as a Special Master for the Village. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on September 13, 2001: 1. Fees for use of photos taken by Lee Gordon 2. GMCVB New York Reception 3. Modern Bride Magazine FAM Trip TOTAL RECOMMENDED EXPENDITURES $ 7,500.00 $ 1,750.00 $ 1,100.00 $10,350.00 Mr. Treppeda reported that the Resort Tax Committee also recommended an annual contribution of $200,000 to the Greater Miami Convention and Visitors Bureau (GMCVB). A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to approve the resort tax funds for the above listed items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleffave; Councilman Boggess aye; Councilman Corson aye; Councilman Roth aye. Councilman Boggess reported that the current economic situation was discussed at the Resort Tax Committee meeting and adjustments will be made as needed. Mayor Berlin advised that the hotels are down to 10-15% occupancy. Regular Council Meeting 09/20/2001 13 211 Mr. Treppeda advised that the Beach Master Plan Project has caused a lot of cats on the beach to come out of hiding. He reported that he has been working with SoBe Spay & Neuter during this time. Mr. Treppeda reported that he is working with Miami -Dade County on getting an Animal Control Officer for Bal Harbour. Mr. Treppeda explained that DERM is postponing the beach renourishment project for Bal Harbour, which was scheduled for November 2001. DERM has reported that they have conducted a survey showing that Bal Harbour received some of the sand from the Surfside renourishment project (sand drifted north to Bal Harbour). Assistant Mayor Tantleff requested that Village Lobbyist Ron Book look into that and feels that the Village shouldn't just agree to that. Mr. Treppeda will look into it. 11. OTHER BUSINESS: Dr. Marion D. Thorpe, resident — 290 Bal Bay Drive, addressed the Council and discussed the increased amount of vehicles in the Village. Dr. Thorpe thinks that the Village should become more proactive in the parking issue now and in the future. Dr. Thorpe reported that he has the signatures of 500 residents who would like to expedite a resolution to solving the parking issue. He requested that the Village have a public hearing to discuss this issue. Mayor Berlin questioned what parking Dr. Thorpe was referring to. Dr. Thorpe advised that the lack of parking is an issue for groups to meet in Bal Harbour. As such, he would like to form a Committee or have a hearing. Councilman Boggess suggested that the 500 residents present a solution to the Council. Assistant Mayor Tantleff would like to at least have a discussion, even if there's not a solution. Assistant Mayor Tantleff will meet with citizens who are concerned about this issue. Councilman Roth advised that the Council is sympathetic to this issue. Nancy Silverman, resident-, addressed the Council and asked the following questions: What has been spent on the Bal Harbour Park to date? 2. What is the total cost for the Park? 3. Have the environmental issues at the Park been handled and corrected? 4. When will the Park and 96th Street be completed? Mayor Berlin advised that the Park is expected to be completed between the end of December and the beginning of 2002. He reported that $200,000 has been spent on the Park, to date. Mayor Berlin advised that all environmental issues at the Park have been resolved. He explained that 96th Street is a Department of Transportation Project, which is scheduled to be completed at the end of November. Mrs. Silverman questioned if the Park is within the budgeted amount. Mayor Berlin explained that the amount had to be expended for additions, etc. He advised that the final amount will be between $400,000 - $500,000. Doug Rudolph, resident — 212 Bal Bay Drive, addressed the Council and thanked the members of the Council, on behalf of himself, his family and Bal Harbour residents, for the effort they put into doing their jobs. Regular Council Meeting 09/20/2001 14 212 Debbie Senderovits, Atlantis Realty Services, Inc., addressed the Council and advised that she is very impressed with the Village. 14. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Roth to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 6:13 p.m. Attest: / f: Fit/((iKt`v/r 'Jeanette Horton, CMC Village Clerk /elh Mayoi Howard J. Berlin Regular Council Meeting 09/20/2001 15