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HomeMy Public PortalAbout1999-06-15 Regular Meeting125 COUNCIL MINUTES REGULAR MEETING - JUNE 15. 1999 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, June 15, 1999, in the Banyan Conference Room at the Sheraton Bal Harbour Beach Resort (9701 Collins Avenue). The meeting was called to order at 3:00 p.m. by Mayor Hirschl. Those present were: Also present: Mayor Andrew Hirschl Assistant Mayor Daniel Tantleff Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Wright, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Bal Harbour resident Mr. Kriegel. 3. AnDroval of Minutes: A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve the minutes of the May 18, 1999, Regular Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. q. Presentations - Officer of the Month: None 5. Ordinances Second Reading/Public Hearing: None 6. Ordinances First Reading: An ordinance was read by title, by the Village Clerk, amending Chapter 2 of the Village Code increasing civil penalty for improper disposal and revising the hours of operation at the disposal area. Mayor Hirschl opened the public hearing. Mr. Treppeda explained this is becoming a bigger problem because of the construction jobs in the area. Robert Wheldon, Public Works Director, explained there has been construction debris, so the maintenance department has had to separate the trash from the miscellaneous debris. Councilman Boggess questioned if it's traceable. Mr. Wheldon responded sometimes. Councilman Boggess stated if it's not traceable then the amount of the fine doesn't matter. Mayor Hirschl stated the issue is policing. Mr. Treppeda responded the last person they caught was doing a job in Bal Harbour and had dumped miscellaneous items from a job he was doing in Aventura. Mr. Wheldon thinks that if some are caught and fined, it will discourage other people. Regular Council Meeting 06/15/99 1 126 Mayor Hirschl closed the public hearing. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the ordinance amending Chapter 2 of the Village Code by increasing civil penalty for improper disposal and revising the hours of operation at the disposal area. The motion carried with the vote as follows: Manor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 2 "ADMINISTRATION," AMENDING SECTION 2-191 "SCHEDULE OF CIVIL PENALITIES" BY AMENDING PARAGRAPH (b)(32), (33), TO INCREASE CIVIL PENALTY FOR IMPROPER DISPOSAL OF VEGETATION AND TRASH, AND TO INCREASE CIVIL PENALTY FOR DISPOSING OF VEGETATION WITHOUT CUTTING AS REQUIRED; AMENDING CHAPTER 16 "SOLID WASTE,' BY AMENDING SECTION 16-4 "DISPOSAL OF VEGETATION AND TRASH; AREAS AND PROCEDURES; PENALTY FOR VIOLATION" TO CONFORM TO AMENDMENT OF SECTION 2-191 AND TO REVISE HOURS OF OPERATION AT DESIGNATED DISPOSAL AREA; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. Councilman Boggess requested that the police monitor the area and act on anything suspicious. Mr. Treppeda would like to change the hours to coincide with the hours of the maintenance employees. 7. Resolutions: None 8. Status Report on Auditors Recommendations and Review of Finance Department - Financial Consultant Daniel Harring, C.P.A. of the firm Rini: & Harring: Mr. Harring stated he has been working on the recommendations from the Village's auditor (Rachlin, Cohen & Holtz) with Jeanette Horton. Mr. Harring stated in the area of fixed assets, a capitalization policy has been established and items over $500 will be capitalized and then depreciated over the estimated useful life. They are in the process of converting the cash basis accounting to an accrual basis, and plan on making an accrual journal entry at the end of the fiscal year. Concerning the Y2k compliance, the Village needs to ensure that it and its vendors' systems are compatible. Mr. Harring has recommended that the Village secure a representation letter from the companies indicating that the Village was Y2K compliant. Mr. Harring stated for financial reporting, the one operating account from income was divided into five separate bank accounts, which are reconciled by Village staff and reviewed by Mr. Harring on a monthly basis. Mrs. Horton and Mr. Harring are working on establishing an accounting and procedures manual that should be completed in July or August. The Employee Trust Account, tax deferred contributions to the employees, was being controlled and maintained in the general investment account fund along with other Village assets. The State of Florida recommended those be pulled out to keep them from being covered under a liability in case the Village was sued. That account is now being independently managed, controlled and reported on a monthly basis to each of the employees by the Equitable Life Insurance Company. Mrs. Horton reported that the Village has almost complied with everything recommended by Rachlin, Cohen & Holtz. Regular Council Meeting 06/15/99 2 12'7 9. Reappointment of Resort Tax Committee Members: Mayor Hirsch) explained this is an annual reappointment and all the current members (Alex Kalas, Tony Noboa, Jaime Valdes, and Stanley Whitman) have indicated that they would like to continue. Councilman Boggess, who was an alternate for Mayor Hirsch) as Chairman on the Committee, is now the fifth member representing the Council on the Committee. The Committee will then pick the Chairman at their meeting. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the reappointment of Alex Kalas, Tony Noboa, Jaime Valdes, Stanley Whitman, and Councilman James BoRRess as members of the Resort Tax Committee. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman BoRRess aye; Councilman Gorson aye; Councilman Roth aye. Mayor Hirsch) stated according to the Code, each member is allowed to select an altemate, who does not have to be approved by the Council. Councilman Boggess will select an alternate for his position on the Committee. io. Reports and Recommendations: A. MAYOR AND COUNCIL: Mayor Hirschl reported he met with Surfside Mayor Novack, and Bay Harbor Mayor Glick subsequent to the Joint Workshop meeting between Bay Harbor and Bal Harbour concerning the traffic problems on 96th Street. They suggested some alternatives for Mayor Novack to bring back to his Council. The Mayors met again and Surfside is remaining extremely uncooperative. Surfside suggested two alternatives. One was to open the Security District so cars could pass through Bal Bay Drive and bypass 96th Street. The second one was to remove the trees and sidewalks that would be necessary to widen 96th Street on the North side. Mayor Hirsch) stated those altematives were not acceptable to him. Bal Harbour is trying to keep an open communication and resolve this by the communities interacting with each other. Mayor Hirschl reported the Village is pursuing other legal remedies at this time, but are still trying to resolve this in a friendly manner. Mayor Hirsch) reported he and Mr. Treppeda met with Mayor Wolland, City of North Miami. Mayor Hirsch) stated that over the years the Village Council has been vigilant in defending its sovereignty and keeping the peace by stopping a 30,000 seat amphitheater being built on the lnterama site, which is across the Biscayne Bay. Mayor Hirsch) reported that North Miami wants to do something with that property and have indicated they would like to do something that's non -outdoor and non -amphitheater related. They're talking about a park and/or golf course and possibly a mix -use project with residential, hotel, etc. Mayor Wolland wanted assurances that the Village would stop legal actions in Tallahassee and cooperate with them. Mayor Hirschl told Mayor Wolland that the Village would be happy to cooperate if there was some legal mechanism whereby the Village attorney with North Miami's attorney would come up with language that would give the protection that Bal Harbour needs on this issue. North Miami will be contacting Mr. Weiss' office and/or Mr. Treppeda and working out some dialogue if it's possible. Mayor Hirschl reported that he, Mr. Treppeda, and Mr. Whitman met with the Florida Department of Transportation (FDOT) to discuss remedies outside what is trying to be accomplished with Surfside directly. The Village is pursuing certain ideas that FDOT had to look at. Once the information is available, it will be brought to the Council for discussion. Regular Council Meeting 06/15/99 3 12N Mayor Hirschl reported a meeting is scheduled in 2-3 weeks with Senator Gwen Margolis to discuss various issues including Haulover, traffic issues, etc. Mayor Hirschl informed the Council that Patti Fazzino, aid to Senator Margolis, is present. Assistant Mayor Tantleff suggested the Village may want to send a letter in support of Senate Bill 672, which is being sponsored by Senator Holzendorf. The Bill places new restrictions on the use of fictitious names and invokes penalties for anyone that misrepresents the geographic origin or location of a business. Mr. Weiss reported that Ed Guedes from his office has sent letters out and filed the appropriate documents, but will look into Senate Bill 672. Assistant Mayor Tantleff invited the Council to join him at the Dade League of Cities meeting, Gold Coast League of Cities dinner meeting, and/or the Dade County Office of Film, Print, and Entertainment meeting that he attends each month. Mayor Hirsch) stated he received a document concerning the lawsuit with AVA Development and there's a statement that's erroneous. Mayor Hirschl read the letter from Greenberg Taurig under the circuit court's ruling, AVA is entitled to obtain the requested rezoning from the Village Council." Mr. Weiss stated it's argument, it's not accurate and it's basically a motion to expedite because they want to get a ruling. Mr. Weiss will look into it. Discussion of Beautification Committee — Councilman Gorson: Councilman Gorson stated she has received several requests from people that were on the Beautification Committee to have the Beautification awards event again. Mayor Hirschl explained the Village use to have a Beautification Committee made up of residents that would look at properties and give awards. Councilman Gorson stated the residents say they work harder to improve their properties for the competition. Mayor Hirschl stated there have been bad experiences where the Committee members would award themselves, etc. and it was poorly attended. Councilman Gorson disagreed and would like a group appointed to look into it and then decide. Councilman Gorson and Mr. Treppeda will look into it. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Approval of Proposal from Coastal Systems International for Beach Master Plan — Harvey Sasso (Subconsultant Bradshaw, Gill & Associates — Bob Gill): Mr. Treppeda stated there was a workshop meeting and the Council decided to go with the single path option and Coastal Systems International was directed to prepare a proposal for the project to proceed to the next step. Mr. Gill stated Mr. Sasso has the proposal and should be at the meeting shortly. This item was deferred until Mr. Sasso is at the meeting. Consent to Transfer Control of Cable TV Franchise — Cablevision Communications — Tony Bello: Mr. Treppeda explained InterLink Communications Partners is the owner of Cablevision Communications. They are changing ownership and the Village's attorney's office has reviewed the agreement. Mr. Regular Council Meeting 06/15/99 4 129 Weiss stated the agreement was fine. The item of pledging the assets has been resolved and the provision that prospectively asked the Village's approval to do any other transfers was taken out of the agreement since the attorneys did not feel comfortable with it. Assistant Mayor Tantleff questioned if the Village has to use Cablevision Communications. Mr. Treppeda reported the Village doesn't have to, it's not an exclusive franchise, but there's no other company coming into the Village right now. Assistant Mayor Tantleff stated he has had some problems with the cable and the service isn't adequate. Tony Bello, General Manager of Cablevision Communications, addressed the Council and stated this is part of the consolidation that's occurring in the telecommunications industry. Charter is a privately held company and is acquiring Cablevision Communications and have become the fourth largest cable company in the last year. It is solely and privately owned by Paul Allen, who is the co-founder of Microsoft. They have had a lot of problems at Harbour House because they have re -wired that property and have gone through a significant upgrade. They monitor the outages and problems in the area and don't show any significant activity other than the properties where they've upgraded. Mr. Bello reported they own the cable and the fiber optic that's in the ground in Bal Harbour. Mr. Bello stated the Village will probably see BellSouth coming within a year seeking a franchise, which will be the Village's decision. Mr. Weiss recommended that the agreement be approved subject to his office reviewing the language one more time to ensure the proper changes have been made. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the Consent to Transfer Control of Cable TV Franchise. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth aye. Agreement to Maintain Pumps for 96th Street Drainage: Mr. Treppeda explained the Council expressed approval to enter into an agreement with the Department of Transportation (DOT) where the Village would maintain two drainage pumps, which would drain 96th Street. Mr. Treppeda, Bradshaw, Gill & Associates, C.A.P. Engineering, and Public Works Director Robert Wheldon held a meeting with DOT and reached an agreement where they can put the pumps in the area of the water tank without affecting the park. There's an agreement that the Village Attorney is reviewing. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the Agreement with D.O.T. requiring Bal Harbour to maintain two storm drainage pumps for the drainage of 96t Street pending an approval from the Village Attorney's review of the agreement. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval for 50% Deposit for Bus Furniture (Resort Tax Funds): Mr. Treppeda explained he was directed at the last Council meeting to order the bus furniture as soon as possible. They have been ordered and a 50% deposit has been sent. Mr. Treppeda would like to get the total cost of the bus shelters approved, which is $148,900.00, of Resort Tax funds. Stanley Whitman, Developer of Bal Harbour Shops, stated that approval of this item would also approve planter pots, which are very difficult to maintain. Mr. Treppeda responded the expenditure is only for the seating and the bus shelters. Assistant Mayor Tantleff questioned about the trash receptacles. Mr. Treppeda responded they're not Regular Council Meeting 06/15/99 5 13(l included, because the urgency was to get the bus shelters ordered, when it's put out to bid, then they'll order the rest. Assistant Mayor Tantleff stated the trash receptacles should be on the same fast track. Assistant Mayor Tantleff does not understand why the Council is not putting back bus shelters where they were. The bus shelter on the North end of Collins Avenue is used all day long and the plan does not show a shelter for one at the Plaza. Mr. Treppeda displayed the shelter plan. Mayor Hirsch) stated the Council can always order more. Sheryl Goldberg, 10185 Collins Avenue, questioned if the bus shelter in front of the Plaza is being moved to the Bal Harbour Club. Assistant Mayor Tantleff responded no. Fred Kriegel, 10185 Collins Avenue, stated they have 300 owners at the Plaza and thinks there should be a bus shelter at the Plaza. Councilman Boggess stated it will be at the same location that it has always been. Mayor Hirschl stated the decision was made to expend dollars to put seven shelters in and the comment was made that once the seven were placed, it would be reviewed, and if additional are needed, or if relocation is necessary, it would be done. Mr. Whitman stated the money for the beautification of Collins Avenue comes from resort tax, and the Resort Tax Committee's recommendation to the Council was to have bus shelters where there are bus bays. There are three bus bays. Mr. Whitman feels the shelters are costly and they clutter. The object is to clean up Collins Avenue and beautify it. Bal Harbour will be the only community that has bus shelters at every bus stop. Miami Shores and Coral Gables don't have bus shelters. Mr. Whitman feels there should be benches. Robert Wheldon, Director of Public Works, agrees with Mr. Whitman that the shelters are ugly, a maintenance headache (people sleep, urinate, and defecate in them). The only bus shelters he has seen that are busy are at Harbour Way, the Shops, the Sheraton, and in front of Saks. Mr. Wheldon thinks it's a mistake to put them all back. Mr. Whitman stated the only bus shelter in the Village until 1986 was at the Bal Harbour Shops. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth that bus shelters should be placed in the four locations on the East side that the bus shelters previously were, which would amend the original agreement from two on the East side to four on the East side. The motion was denied with the vote as follows: Mayor Hirschl nay; Assistant Mayor Tantleff aye; Councilman Boggess nay; Councilman Gorson nay; Councilman Roth aye. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve the expenditure of $148,900.00 in Resort Tax funds for bus shelters and benches for Collins Avenue. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman BoRRess aye; Councilman Corson aye; Councilman Roth aye. Assistant Mayor Tantleff would like the trash receptacles to be ordered as soon as possible. Request to Expend Forfeiture Funds for Police Department: Mr. Treppeda explained Chief Freeman would like to use some of the forfeiture funds that were seized from criminal activity. He would like 26 Glock .40 caliber pistols ($12,530.00) Regular Council Meeting 06/15/99 6 131 to issue to the Village's police department because there are benefits and cost savings to have all the police officers with the same weapon. He would also like to get two stalker laser radar guns ($6,150.00), which is a new technology where a laser is used to zero in on a car. Some strobe lights for increased visibility on traffic stops for the police vehicles ($1,538.25). One card reader, which was omitted from the system ($1,953.25). The total amount is $22,171.50. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve the expenditure of $22,171.50 for police equipment from the forfeiture fund. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleffaye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Chief Freeman explained the money is coming from two accounts. The State account, which is the Law Enforcement Trust Fund, and the Law Enforcement Trust Justice Fund, which is from the HIDTA officer. Approval to Replace Two (2) Date Palms: Mr. Treppeda explained two Date Palms are declining and he would like to get approval to replace them prior to that time. The cost is $4,900.00 each. Councilman Roth questioned why they are dying and how many have died. Mr. Treppeda responded they are monitoring that and will be doing some more tissue samples. So far, they have been inconclusive on showing any diseases. Mayor Hirschl stated when the Date Palms were installed, William O'Leary advised that the Village would loose 15-18 percent of them automatically. The problem seems to be more with the trees on the North end, and they feel the water table is higher there, which is causing root rot to occur. So, they're planting them higher to prevent that from happening. Sandy Hirsh, President of the Kenilworth, questioned about the warranty. Mayor Hirschl responded the trees have an 18 month warranty and these trees are out of warranty. Sandra Tarman, 160 Biscay Drive, stated Date Palms are not indigenous to the Florida climate and thinks the Village should speak to the University of Florida. Mr. Treppeda reported that he did speak with Mr. Joseph Garofalo, University of Florida, and has not been able to reach him since he looked at the Date Palms. Councilman Boggess stated the guardhouse plans have been expanded to include Medjool Date Palms from the entrance to the Marina. Mayor Hirschl stated based on the comments at the last meeting, the Civic Association has changed to Royal palms. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $9,800.00 of Resort Tax funds to replace two Date Palm trees. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval to Purchase Sewer Flow Meter: Mr. Treppeda explained one of the meters that measures the amount of sewage the Village sends to Miami Beach failed and was replaced. Approval is needed for $3,184.00 from the Sewer fund. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to approve $3,184.00 from the Sewer Fund for the replacement of a sewer flow meter. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Regular Council Meeting 06/15/99 7 132 o issue to the Village's police department because there are benefits and cost savings to h las on a ($1,538. amount Assistant Ma forfeiture fund. Tantleff aye; Cou Freeman explaine the Law Enforcemen from the HIDTA officer. ve all the police officers with the s radar guns ($6,150.00), which is r. Some strobe lights for increa 5). One card reader, which $22,171.50. A motion was r Tantleff to approve the ex he motion carried with th ilman Boggess ave; Co the money is coming Trust Fund, and th Appro explained two Date Palms are prior to that time. The cost is $ dying and how many have died. be doing some more tissue sample diseases. Mayor Hirschl stated wh advised th seems to be more with the trees on the there, which is causing root rot to occur. from happening. e weapon. He would also like to get two stalker new technology where a laser is used to zero ed visibility on traffic stops for the police veh" s omitted from the system ($1,953.25). T offered by Councilman Boggess and sec nditure of $22,171.50 for police equipm vote as follows: Mayor Hirschl aye; A cilman Gorson aye; Councilman rom two accounts. The State Law Enforcement Trust Ju al to Repla eclining an 900.00 eac . Treppe So far n the ose es total nded by from the istant Mayor oth aye. Chief ccount, which is ice Fund, which is e Two (2) Dat• Palms: Mr. Treppeda he would like to • -t approval to replace them . Councilman oth questioned why they are a responded ey are monitoring that and will they have een inconclusive on showing any ate Pa s , ere installnrl, William rt Loary ercen en ,t of them automatically. The problem , and they feel the water table is higher y're planting them higher to prevent that Sandy Hirsh, President of the Kenilwo , ue tioned about the warranty. Mayor Hirschl responded the trees have an 18 mont ar : my : nd these trees are out of warranty. Sandra Tarman, 160 Biscay Driv stated climate and thinks the Village sh.uld spea reported that he did speak wit r. Joseph been able to reach him since • e looked at t Councilman Boggess state the guardhouse Date Palms from the entr nce to the Marina. at the last meeting, th = ivic Association ha A motion was offere S9,800.00 ofReso as follows: May Councilman G one of t failed was $3, w by Councilman Boggess ax funds to replace two D r Hirschl aye; Assistant M son aye; Councilman Roth ay Approval to Purchas meters that measures the amou d was replaced. Approval is neede fered by Assistant Mayor Tantleff an 4.00 from the Sewer Fund for the replace the vote as follows: Mayor Hirschl aye; As ve; Councilman Gorson aye; Councilman Ro ate Pa s are not indigenous to the Florida to the U 'versity of Florida. Mr. Treppeda arofalo, Diversity of Florida, and has not Date Palm lans have been e ayor Hirsch) state changed to Royal anded to include Medjool ased on the comments p. ms. nd seconded by Council n Roth to approve e Palm trees. The motion c ied with the vote yor Tantleff aye; Councilm Boggess aye; Sewer Flow Meter: Mr. Trepped. -xplained of sewage the Village sends to Mia • Beach for $3,184.00 from the Sewer fund. A - otion seconded by Councilman Boggess to ap, ove ent of a sewer flow meter. The motion cart.. d istant Mayor Tantleff aye; Councilman Bogge ave. Regular Council Meeting 06/15/99 7 133 Discussion of Project RISE (Rising into Independence and Self Sufficiency through Employment): Mr. Treppeda explained the Village applied to the Welfare to Wages program to get some employees to help the Village in the Public Works department, but never got any. There's a new project, "Project RISE," that is looking to place 100 minority welfare recipients into employment. Mr. Treppeda contacted them regarding Village's interest in two full time people to help out in the Public Works department for the summer, which would be temporary employment. If they work out and the Village has a position, then they would be considered for permanent employment. Mayor Hirsch) stated it's a nice gesture for the Village to be involved in helping the youth of the community. Mr. Treppeda stated he has not committed to this and would like to know if the Council supports this. It was the consensus of the Council to support this issue. Discussion of Vacancy/No Vacancy Signs on West Side Buildings: Mr. Treppeda explained there have been some complaints on vacancy/no vacancy signs and since the Code permits them on the West side, questioned if the Council had any interest in discussing the issue. Mr. Treppeda stated the signs have to conform to a certain size and location. It was the consensus of the Council to leave the Code as it is. Resort Tax Committee Recommendations: Mr. Treppeda explained the following items that were recommended for approval at the Resort Tax Committee meeting on June 10, 1999. 1. PARTIAL REIMBURSEMENT FOR ATTENDANCE AT N.Y. FAM TRIP $2,500.00 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $2,500.00 to defray the expenses of Enid Rosenthal, Bal Harbour Shops Marketing Director, that were incurred by attending a FAM trip in New York. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. 2. APPROVAL OF PRINTING EXPENSE — Village Tourism Newsletter Up to $1,500.00 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve up to $1,500.00 to print additional copies of the Village's tourism newsletter. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleffave; Councilman Boggess ave; Councilman Gorson ave; Councilman Roth ave. 3. DISCUSSION OF PROPOSAL FROM RON BOOK, LOBBYIST: Mr. Treppeda explained that there was a straw ballot question included on the April 6th election ballot asking voters if the Village should attempt to change Florida law to allow an increase in the bed tax from 4 percent to 6 percent. The results of the straw ballot were 307 in favor and 150 opposed. A proposal was received from Ron Book, Lobbyist, to represent the Village in Tallahassee for a $75,000 retainer. The Resort Tax Committee did not discuss this issue at their meeting since Jaime Valdes, Sheraton Bal Harbour, left the meeting early. Mayor Hirschl stated the public has spoken and has voted in favor of the Village increasing the bed tax from 4 percent to 6 percent if the Florida law can be changed. It does require the Village hiring a lobbyist to go to Tallahassee to affect that change. Councilman Boggess does not want to discuss the issue since it was shelved by the Resort Tax Committee and thinks it Regular Council Meeting 06/15/99 8 134 should be brought before the Council after they've had a decision on it. Councilman Roth thinks it should be moved on because the people voted for it. Councilman Boggess thinks it's premature. Mayor Hirschl thinks a lobbyist needs to be hired at some point to proceed; however, he thinks other lobbyists should be looked at. Mr. Whitman stated he wasn't at the last meeting, but the Resort Tax Committee brought the recommendation to the Council that the Village hire a lobbyist and that it specifically be Ron Book. Mr. Whitman stated Mr. Book has done more of this type of legislation for the Convention Bureau and other government agencies and has the track record. Sunny Isles hired Ron Book, who got $40 million in one year for them for four parks. Councilman Roth thinks Mr. Book comes well recommended and the Village should proceed and perhaps negotiate the fee. Councilman Boggess thinks the period of time for service should be stated and the Village should see if there's anyone else who's capable of doing comparable work for less money. 1t was the consensus of the Council to re -visit this in 30 days, research the details of alternatives to Mr. Book if there's any, and fine-tune the proposal as stated in the contract. Councilman Boggess will meet with Mr. Treppeda concerning this issue. Mr. Weiss will provide some names of lobbyists. Approval of Proposal from Coastal Systems International for Beach Master Plan - Harvey Sasso (subconsultant Bradshaw Gill & Associates - Bob Gill): Mr. Treppeda stated a proposal was received from Harvey Sasso and the chart shows the next steps in the process. Mr. Treppeda and Mrs. Horton also prepared a financial analysis concerning the budget for this project. Harvey Sasso, Coastal Systems International, Inc., addressed the Council. Mayor Hirsch) explained there's a concept for a beach master plan to refurbish the jogging path, clean up the alleyway behind the buildings, landscape the bulkheads behind the buildings, etc. Bob Gill, Bradshaw, Gill & Associates, provided an overview of the project for a one -path concept. They are proposing to take out the scaevola and put the walkway in that location. It will be a 12-foot wide crushed shell path with a concrete curb on each side. They're proposing pavered areas at the Haulover cut and from 96th Street to the beach. There will be occasional seating areas (approximately seven) with benches and coconut palms. Ms. Hirsch, 10205 Collins Avenue, questioned the necessity of using pavers on the beach. Mr. Whitman thinks the plan is attractive, but will make Bal Harbour the most attractive beach in Florida, which will invite people to come in and use the facilities. Mr. Whitman stated the beach is not owned by the Village, its owned by the State of Florida. Dade County and the Feds also have money in it, so Bal Harbour can't erect a fence, but the Village can plan it to make it unattractive. It should be planned and designed not to invite people to come, but to invite them to stay out. Bal Harbour is spending its money on this project. Mr. Whitman doesn't think cement materials (pavers) should be used on the sand beach, crushed shell should be used because it's natural. Mr. Whitman doesn't think benches should be put in because the properties have their own benches. Mr. Whitman suggests simplifying the plan because there's only so much money to spend on so many things that the Village desperately needs and he doesn't think the Village needs this. People outside of the community should be discouraged from using the beach. Mr. Regular Council Meeting 06/15/99 9 135 Whitman thinks only small coconut palms with large bases should be used, not Sable palms. Assistant Mayor Tantleff agrees with Mr. Whitman that the beach should be for the tourists and residents of Bal Harbour as much as possible. He would like to propose to plant behind the buildings, leave the second path as it is, and move the areas of the jogging path that are being washed out further West. Ms. Goldberg, 10185 Collins Avenue, questioned the cost of project. Marjorie Schell, 9801 Collins Avenue-PH17, stated Bal Harbour cannot restrict anyone from using any beach because they're all public going down to the mean water line. Ms. Schell is concerned about removing the oasis of plants, which were built to protect the beach. Mayor Hirsch) stated the Beach Master Plan cost estimate for this plan is approximately $2 million. If the Council were to adopt the plan as is, the fund balance and resort tax would be completely tapped out and there would also be a shortage and funds would have to be appropriated from next year's budget. It would put the Village in a very dangerous position economically if there are real serious needs. Mayor Hirschl agreed with the other suggestions to fix up the existing jogging path and landscape against the bulkheads. Councilman Roth suggested cutting back on the pavers and the benches and over time the money will be in reserve. Mr. Sasso suggested proceeding with the permit applications as quickly as possible. He suggested going to the next level of design where they take the comments and work with a group through a series of workshops with Mr. Gill. The next level of design is the design development phase where they would put a plan together for permitting. Mayor Hirsch) questioned if the Village only relocated sections of an existing path if that would eliminate the need to deal with Tallahassee. Mr. Sasso thinks it would reduce his involvement, but they would still need to make the contact with Tallahassee. However, they would be much more receptive to that than moving it, removing vegetation, planting new trees, adding paver blocks, lighting, benches, etc. Mr. Sasso stated it would be about $32,000 to go through the permitting process with the plans as is, if it's a simplified project, there would be a reduction. A simplified project would probably be less than $10,000. If it's a project that still involves permit applications and processing it's between $10,000 - $32,000. Mr. Sasso suggested permitting some variation on the plan and then the permit would be good for three years with some options to extend it, and the Village could do it in increments. Ms. Hirsch doesn't think pavers should be on the beach and stated the jogging path was poorly constructed. Councilman Boggess doesn't care about the pavers, thinks there should be benches, the path needs to be moved, and the bowling alley effect needs to be closed off. The path should be moved, widened, and crushed shell kept to make it simple. Additional landscaping is needed and the scaevola needs to be removed. This is being done for the tourists because it's tourist tax money that's being spent on it. Councilman Boggess thinks the basic plan is good, but should be scaled back. There should be some committee work on how it can be reduced. Regular Council Meeting 06/15/99 10 136 Mr. Gill stated there are a lot of ways they can bring the cost down. The basic direction of the plan needs to be approved and then a committee can sit down to go over the items to reduce the budget. Councilman Boggess questioned Mr. Weiss about members of the Council or a committee to meet with Mr. Gill to work out a more realistic budget. Mr. Weiss stated a committee could be set up with one or more Council members, the Clerk will advertise it, and minutes will be kept. Councilman Boggess thinks that should be done as quickly as possible. A committee of Councilman Boggess, Councilman Roth, and Mr. Treppeda will meet with Mr. Gill. Ms. Goldberg agrees with Assistant Mayor Tantleff and thinks the path should be moved to the West, beautify the backs of the buildings, connect the ends where it has some conformity of the two paths, put a concrete or cement edge to the jogging path, and some benches. Ms. Goldberg stated a lot of money is spent on Collins Avenue, so the Council has to consider spending some on the beach. Ms. Schell questioned if the road will be eliminated or not. Councilman Boggess stated under this plan it will be. Ms. Schell questioned how the service people will get to the buildings. Councilman Boggess and Mayor Hirsch) stated they will use Collins Avenue. Ms. Goldberg doesn't feel the Committee is a fair choice. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to give the Committee guidelines to scale down the plan and spend $1 million and approve Mr. Sasso and Mr. Gill to start the permitting process in Tallahassee so the village can begin the process. An amendment to the motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess that the Committee meet immediately with the understanding that the Council will look to the Committee for recommendations on how much should be spent on this project and to give Mr. Sasso the authority to move along with the permitting process. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. The motion as amended carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Mr. Sasso stated in order to proceed with the permitting he will need the next level of drawings from Mr. Gill. They can begin some of the pre -application meetings and go to Tallahassee on the strength of these conceptual designs, but at some point they'll need the next level of detail from Mr. Gill. 11. Other Business: Mr. Treppeda stated he received a letter from Miami -Dade County Manager Merrett Stierheim regarding the building code that the State of Florida is trying to pass statewide. Miami -Dade County is very concerned that this would result in structures that cannot withstand hurricanes for this particular area. The County passed a resolution to the State urging them to put in some special language that would make it stricter in Dade County. Regular Council Meeting 06/15/99 I l 13'7 A motion was offered by Councilman Boggess and seconded by Councilman Roth to authorize the Village Manager to write a letter on behalf of the Council in favor of Dade County's position on the State of Florida proposed building code. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye. Mayor Hirschl thanked the Sheraton for their hospitality. Ms. Hirsch congratulated the Mayor, Assistant Mayor, and Council on a good meeting. 12. Ad Dorn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to adjourn. The motion carried unanimously, and the meeting adjourned at 5:10 p.m. Mayor Andrew Hirsch) Attest: Janette Horton, CMC/AAE/CLO Village Clerk /elw c-e-e± Regular Council Meeting 06/15/99 12