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HomeMy Public PortalAbout2004-03-16 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - MARCH 16. 2004 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, March 16. 2004, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 8:34 a.m. by Mayor Tantleff. Those present were: Also present: Mayor Daniel S. Tantleff Assistant Mayor Seymour "Sy" Roth Councilman Howard J. Berlin, Councilman Peg E. Gorson Alfred J. Treppeda, Village Manager Ellisa Horvath, Deputy Village Clerk Edward Guedes, Village Attorney Absent: Councilman Joel S. Jacobi As a quorum was determined to be present, the meeting commenced. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was done later in the meeting, i. EXECUTIVE SESSIONS Mayor Tantleff announced the following: "The time is now 8:34 a.m. We are about to have an Attorney/Client Session in accordance with Florida Statute 286.011, regarding the litigation Edward Law versus Bal Harbour Village, United States District Court, for the Southern District of Florida, Case Number 03- 22741-CIV-CORN/SNOW. The session is estimated to last one half hour and the following people will be in attendance at this meeting: Mayor Daniel S. Tantleff Assistant Mayor Seymour "Sy" Roth Councilman Howard J. Berlin Councilman Peg E. Gorson Village Attorney Richard J. Weiss Village Attorney Edward Guedes Village Manager Alfred J. Treppeda These proceedings will be recorded by a certified court reporter and at the conclusion of all litigation discussed, the transcript will be made part of the public record. All those individuals who I have not named should leave the room at this time." ADJOURNS A motion was offered by Mayor Tantleff and sect anti Sy ASSiSt?//.` Mayor Roth to adjourn the Executive Session. The motion carried unani nou ly_L4-0), wit; Councilman Jacobi absent, and the Executive Session adjourned at 8:50 I Councilman Berlin arrived after Roll Call. Regular Council Meeting 03/ I6/2004 I 107 The meeting was called reconvened at 9:00 a.m. by Mayor Tantleff. Those present were: Also present: Mayor Daniel S. Tantleff Assistant Mayor Seymour "Sy' Roth Councilman Howard J. Berlin Councilman Peg E. Gorson Alfred J. Treppeda, Village Manager Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Joel S. Jacobi As a quorum was determined to be present, the meeting commenced. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jose Lima. 4. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve the minutes of the February 17, 2004 Regular Meeting and March 3, 2004 Special Meeting. The motion carried unanimously (4-0), with Councilman Jacobi absent, and the minutes were approved as submitted. S. PRESENTATIONS: OFFICER OF THE YEAR — SERGEANT CHARLES MERRILL: This item was done later in the meeting. 6. LOBBYIST REGISTRATIONS: Mr. Treppeda reported that Stanley Whitman, General Partner of Bal Harbour Shops, is the first to submit a lobbyist registration. 7. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Tantleff reported that he contacted the Vice Mayor of Surfside and the other candidate running for the Mayor position in Surfside, to wish them both good luck. He advised that he told them that whoever wins, the Village looks forward to working with them and to hopefully get some cooperation on 96th Street and other projects that the Village has in conjunction with them. Assistant Mayor Roth hopes that they will elect a nice slate that can work with the Village, because they haven't been too successful in the past. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Request for Approval to Seal Pavers at Village Hall and at Bal Harbour Park: Mr. Treppeda reported that he has researched this and has found a company that does the sealing process, who is the full source company that does this Regular Council Meeting 03/16/2004 2 particular process. He advised that they just did the process at Mallory Square in the Keys and other cities have used it. Mr. Treppeda requested approval of $7,463.75. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve $7,463.75 for Advanced Applied Technolokies to seal the pavers at Villaje Hall and at Bal Harbour Park. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye: Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi absent. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Committee, at their meeting on March 11, 2004: 1) Sales Event During POW -WOW 2004 in Los Angeles (April 24) Up to $ 10,000.00 (For Dinner for up to 50 Invitees, Production of Event, Logistics, Invitations, Shipping, Catering, and Entertainment - Note: If the hotel's staff does not receive a good level of firm RSVPs for the event. then it will be postponed until next year) 2) Sales Mission & Event in Argentina (Second Week in May 2004) Up to $ 10,000.00 (For Producing the Event, Logistics, Invitations, Shipping, Catering, and Entertainment) TOTAL: Up to $ 20,000.00 Mayor Tantleff reported that these two events may be postponed, depending on the level of interest and on how resort taxes are coming in for the year. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve up to $20,000.00 in resort tax funds, for the above listed items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi absent. OFFICER OF THE YEAR — SERGEANT CHARLES MERRILL: Chief Hunker thanked Mayor Tantleff and Mr. Treppeda for hosting the Attorney General of Switzerland and the head of the Swiss National Police. Chief Hunker explained that Sergeant Merrill was selected as the Officer of the Year (2003) for coordinating the Department's first Impaired Driver Checkpoint in several years, his recognition by Mothers Against Drunk Driving (MADD), his role as Patrol Supervisor. overseeing the Department's Fleet Maintenance and being instrumental in the introductory take-home vehicle program, overseeing the Department's specialized units, being an active participant with the boat, Jet Ski, and all -terrain vehicle, and volunteering to be a member of the Department's Field Force Team. Chief Hunker presented Sergeant Merrill with the Officer of the Year plaque for 2003, as well as a certificate for dinner for two at Carpaccio. Sergeant Merrill thanked the Police Department and the Council for recognizing his accomplishments. Mayor Tantleff presented Sergeant Merrill with a savings bond, on behalf of the Village. 8. OTHER BUSINESS: Mayor Tantleff commented on the Destination Fashion Event at the Bal Harbour Shops. He announced that the Shops is contemplating doing the event every other year. Regular Council Meeting 03/16/2004 3 109 Gerald Charness, Co Chair - FIU Biscayne Bay Society, reported that he was asked by the President of FIU to address the Council. He thanked Mayor Tantleff and Mr. Treppeda for meeting with him. Mr. Charness explained that they are trying to bring the people who live in the area to the University, so they formed the Biscayne Bay Society and have developed a mailing list of 1500 people, who get a list each month of what goes on at the campus. He discussed the different events at the campus (book discussions, jazz concert, etc.). Mr. Charness explained that they are looking for the support of communities. He stated that the City of Aventura, Town of Surfside, and Parkway General Hospital have all helped to fund it. He stated that the University in not in a position to spend money on this type of thing, so their mission was to begin the Society, with very little seed money from the University, and then to make the events open to the public. Mr. Charness stated in almost every case the events are free and open to the public. He explained that they have a program that will start next October, which will run through the end of May, on the second Tuesday of each month. Mr. Charness stated that people in the area have put the time aside for a cultural program. He wants to make sure that people who live in Bal Harbour, Bay Harbor, Surfside, Aventura, and Hallandale consider a small grant to the Biscayne Bay Society, Mr. Charness distributed information on what has been done during the past year and some of the things that they hope to do in the future. He is hopeful that they can have the support of all of the community Councils and to provide a service to all of the citizens to make FIU Bal Harbour's second home and that the citizens enjoy all of the facilities that are offered there. Assistant Mayor Roth questioned if they would do a mailing to all of the residents in Bal Harbour of events. Mr. Charness advised that they would be pleased to. Mayor Tantleff suggested that the Council review the material. Assistant Mayor Roth questioned if this would be considered a charity or public information and additional amenities to the Village's residents. Mr, Weiss thinks that it's a public information and is an organization that is funded by the State. He thinks that if the Village wanted to do something cooperatively with an agency of the State, then it would be appropriate to do so. Assistant Mayor Roth questioned what Surfside and Aventura donated. Mr. Charness advised that Aventura and Surfside have given $7,500 and Parkway General has given $12,500. Mr. Weiss questioned if the organization is part of the College and isn't an independent organization. Mr. Charness stated that it's part of the College and it was the President's idea. Mr. Weiss stated that it's sort of a committee of the College. Mr. Charness agreed. Mayor Tantleff advised that the Council will take this up at the next meeting. Babak Raheb, resident —128 Balfour Drive, stated that the Village officially took over the gated community gate on February 11 th and he reminded the Council that currently Kent Security handles the gate. He advised that there was a contract between the Association and Kent Security, which was signed in 1998. Mr. Raheb stated that contract is voided now, since the Village has taken over. He advised that by State and County procurement law, the Village now must have sealed bids starting for any contractual services. Mr. Raheb stated that he understands from the Village Attorney that has not been done, because right now the Village doesn't have any contract and it's supposed to have a contract with a vendor that's providing services. He advised that there is no existing contract. Mr. Raheb requested that the Council order the Village Manager, for publication or whatever the process is for competitive bidding, as is required by State law and County for services at the gate. Gabriela Webster, resident — 30 Park Drive #15, thanked the Council for the changes made regarding the security assessment and the homeowners. She stated that there is Regular Council Meeting 03/16/2004 4 vagueness regarding the co-ops. Ms. Webster explained that she had the Department of Business and Professional Regulation that oversees co-ops forward their statutes regarding that. She requested that the Village Attorney take a look at it, at his convenience. and let her know whether that applies to the security assessments. Ms. Webster discussed the letter that Mr. Treppeda sent to the buildings and requested that he clarify that, because she believes that the last letter that she submitted to the Council was on behalf of six associations. She explained that it wasn't on her behalf only, but was about 60 people and the letter was like it was from her, so she felt that it was doing a disservice to everyone else. Ms. Webster stated that the amount that was stated on the letter was the full amount of the $1125. which is inaccurate (she believes that it's $550). Mr. Treppeda explained that he is doing surveys of gust the apartment buildings, because the Village Attorney advised that co-ops would not be appropriate to charge that way. He reported that so far, two would like to continue the way that it is now and one would like to change to the proposed way. Mr. Treppeda agreed that he needs to clarify one thing on the letter that he sent out. Mayor Tantleff congratulated Ms. Webster on her selection to the Civic Association Board. He requested that Mr. Weiss make sure that the Village is following the lawful process. Mr. Weiss will do that. Jose Lima. Director of Tourism Marketing, distributed and reviewed briefing documents to the Council. He explained that they originally prepared the briefing documents with the Manager's direction and approval, based on the evolution of what's going on at One Bal Harbour. Mr. Lima stated that the two documents explain, from a tourism industry background, the pros of having a branded chain luxury hotel and the cons of having an independent hotel. Councilman Berlin questioned if Mr, Lima is familiar with the upper upscale chain section of the STR chain scales. Mr. Lima stated that he hasn't heard of that, but can research that. Councilman Berlin explained that the Development Agreement with One Bal Harbour says the following: the "Upper Upscale Chains section of the STR Chain Scales for June 2003, published by Smith Travel Research." Mr. Lima will look into that. He thinks that the main two items are whether the new property would actually have a chain attached to it, which would have a global reservation system and infrastructure of marketing, whereas an independent property would not. Mr. Lima stated that the Village is surrounded by chains such as Four Seasons, Ritz Carlton, Mandarin, Rosewood, St. Regis, W opening in Hallandale, and St. Regis opening in Broward, etc., so the competitive landscape is very aggressive. Councilman Berlin clarified that this is from the perspective of whether or not it would be more successful as opposed to less successful, not as to whether or not it qualifies as a five star. Mr. Lima agreed and explained that a hotel is not actually rated a five star, until at least a year after it's open, so it's not automatically opened as a five star hotel. Councilman Berlin questioned how someone would know if they have a five star hotel, when its opened. Mr. Lima stated that it wouldn't be known, until it's rated. Councilman Berlin questioned if it's one of the recognized chains, like a St. Regis, Mandarin Oriental, Four Seasons, if it's perceived to be five star when it opens. because it will be consistent with the chain standards. Mr. Lima advised that it has the history of being rated, but that it's actually an independent company that rates them five stars or five diamonds. Councilman Berlin questioned if someone were to open up an independent hotel and take the position that it's a five star hotel, how someone would know. Mr. Lima stated that nobody would know, untii it was rated by the independent companies that rate them, which usually happens about a year after they open. He advised that an independent hotel would not have the marketing infrastructure for sales and reservations that a chain hotel would. Assistant Mayor Roth questioned if there are any five star hotels with only 124 rooms. Mr. Lima stated that there are some, primarily in Europe, which are very old world long-standing properties. Assistant Mayor Roth clarified that it would be very difficult to get Regular Council Meeting 03/l6/2004 5 11] a five-star hotel, with 124 rooms. Mr. Lima stated that it's not so much the rooms, but that they take into account all sorts of different dynamics such as the service, food, d6cor, and the different quality elements of the hotel. Mayor Tantleff questioned Mr. Weiss if according to the Development Agreement they can open up an independent hotel. Mr. Weiss responded yes. Assistant Mayor Roth questioned if it has to be a five star. Mr. Weiss responded no. He clarified that what the Agreement says is that: "The development of the Phase 1 Property, pursuant to the PD Site Plan, shall include a luxury five-star hotel. For purposes of this Agreement, a luxury five-star hotel for the Phase I property shall mean a hotel that is generally consistent with the standards maintained as of the date hereof by the following hotel brands that are listed: Fairmont, Four Seasons, Mandarin Oriental...." Mr, Weiss thinks that the interpretation that the Developer is taking is that it just needs to be consistent with that information. He thinks that there are some arguments to be made that the language is stronger than that, but that's the position that the Developers are taking. Mr. Weiss feels that the Village is going to get into a contentious situation with the Developer and he would rather answer these questions individually with the Council privately, because he doesn't want to take any positions or say anything that might be different than the position that the Council may decide to take. He feels like the Village is going to get into a somewhat adversarial situation regarding this item and he wouldn't want to prejudice the Village's position on it. James Harrison, Operations Manager — Atlantic Beach Clubs, advised that he is the Operations Manager for the recreational facilities at the Sheraton Bal Harbour. He explained that they have an amenity that they would like to bring to Bal Harbour and requested that the Council review it, to see if it's possible. Mr. Harrison reported that it's called a Segway and is considered an assisted mobility device. He explained that people are trained on it for 15 minutes, go through an orientation, and then are taken on tours for half an hour. Mr. Harrison reported that he has a descriptive from the State of Florida of what they deem it to be. He explained that it's not a vehicle or bicycle, but is basically designed for theme parks, government usage like post office services, etc. Mr. Harrison handed out the descriptive from the State of Florida. He explained that they would like to use it behind the Sheraton, on the beach access road. Mr. Harrison stated that if the Council feels comfortable with it, then they would do the tours with guides (1 guide to 5 people ratio), which would go north to the pier and back. He explained that they have special keys that program them to go 5 miles per hour, 8 miles per hour, and 12 miles per hour. Mr. Harrison stated that the tours would all be regulated at 5 miles per hour. Assistant Mayor Roth questioned if it's motorized. Mr. Harrison responded that they are electric. Mayor Tantleff stated that he can't see this happening. Assistant Mayor Roth agreed that he doesn't see it on the beach. Mayor Tantleff stated that Atlantic Beach Clubs does a great job, but the Village doesn't even allow bicycles back there. Mr. Harrison demonstrated the Segway. Mayor Tantleff stating that in reading Section 316.2068, he doesn't think that it really fits in, because there's not a marked bicycle path, it's not on a road or street where bicycles are permitted, and it's not on a road or street where the posted speed limit is 25 miles per hour. Mr. Harrison stated that he will not go any further until he has the blessing of the Council, which was his purpose today. Mr. Raheb questioned if a hotel is built and they don't get a five star rating, what options the Village would have at that time. He stated that maybe the Village should renegotiate before the building goes up. Mayor Tantleff stated that the Council wants to know too, so Mr. Weiss is going to research that. Regular Council Meeting 03/ I6/2004 6 9. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to adjourn. The motion carried unanimously (4-0), with Councilman ,Jacobi absent, and the meeting adjourned at 9:37 a.m. Mayor Daniel S. Tantleff Attest: i Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 03/16/2004 7