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.
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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
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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
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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.
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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
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($1,538.
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Tantleff aye; Cou
Freeman explaine
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ve all the police officers with the s
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5). One card reader, which
$22,171.50. A motion was
r Tantleff to approve the ex
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ilman Boggess ave; Co
the money is coming
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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
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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
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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
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,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
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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
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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.
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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.
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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.
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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
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