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HomeMy Public PortalAbout1999-09-21 Regular Meeting154 COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 31, 1999 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September 21, 1999, at the Church by the Sea (501 — 96th Street, Bal Harbour). The meeting was called to order at 4:00 p.m. by Mayor Hirschl. Those present were: Also present: Mayor Andrew Hirsch! Assistant Mayor Daniel Tantleff Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, 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 Police Lieutenant Jay Smith. 3. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve the minutes of the November 23, 1998, Council Workshop Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve the minutes of the February 2, 1999, Council Workshop Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the minutes of the July 20, 1999, Regular Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the minutes of the September 15, 1999, First Budget Hearing. The motion carried unanimously (5- 0), and the minutes were approved as submitted. q. Presentations - Officers of the Month: None s. Public Hearings: None 6. Ordinances Second Reading/Public Hearing: None 7. Ordinances First Reading: An ordinance was read by title, by the Village Clerk, amending Chapter 10 of the Village Code. Regular Council Meeting 09/21/99 1 155 Mayor Hirsch) opened the public hearing. Councilman Boggess questioned if the purpose of this is to put buoys up. Mayor Hirsch) responded yes and to also regulate Jet Ski activity on Bal Harbour's beach. Marjorie Schell, resident - 9801 Collins Avenue PH#17, stated the wave runners are coming very close to shore and are very dangerous. Ms. Schell feels strongly about this. There being no additional comments, Mayor Hirschl closed the public hearing. A motion was offered by Councilman Boggess and seconded by Councilman Tantleff to approve the ordinance amending Chapter 10 of the Village Code . The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. 445 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE CODE BY AMENDING CHAPTER 10 "MARINE STRUCTURES, ACTIVITES AND WAYS" AT ARTICLE II "USE OF PUBLIC BEACHES" BY AMENDING SECTION 10-26 "DEFINITIONS" TO INCLUDE THE DEFINITIONS OF PUBLIC BEACH, MOTORBOAT, PERSON, PERSONAL WATERCRAFT, OPERATE, IDLE SPEED NO WAKE, REGULATORY MARKER, VESSEL, AND EXCLUSION ZONE; AMENDING SECTION 10-27 "INTENT OF ARTICLE," CREATING SECTION 10-32 "PROHIBITIONS; MOTORBOAT RESTRICTED ZONES" BY ESTABLISHING A MOTORBOAT OR PERSONAL WATERCRAFT EXCLUSION ZONE IN THE VICINITY OF BAL HARBOUR BEACH BETWEEN 96TH STREET AND BAKERS HAULOVER CUT AND PROHIBITING MOTORBOAT OR PERSONAL WATERCRAFT OPERATION THEREON, AND CREATING SECTION 10-33 "POWER AND AUTHORITY OF VILLAGE COUNCIL" TO AUTHORIZE PROMULGATION OF RULES, REGULATIONS AND STANDARDS REGARDING THE OPERATION OF MOTORBOATS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 8. Resolutions: A resolution was read by title, by the Village Clerk, adopting an assessment roll for the Security District. Mr. Treppeda explained the fees are the same as last year for the operation of the Security District. This is not the special assessment for the guardhouse; it is for the regular annual operation of the Security District. Mr. Weiss stated that this is the opportunity for anyone who is unhappy with their assessment to be heard by the Council as the Equalizing Board. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the resolution adopting an assessment roll for the Security District. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye: Councilman Roth aye. Thus becoming: RESOLUTION NO. 598 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A resolution was read by title, by the Village Clerk, authorizing the Village Manager to apply for the Federal Drug Control and System Improvement Program Grant. Mr. Treppeda stated this allows the Village to apply for a grant in the amount of $1,530.00 and the Police Regular Council Meeting 09/21/99 2 156 Department would like to use it to replace the bicycle for police patrol. Lt. Jay Smith stated prior to this year the money from this grant was sent to the Dade County Chiefs of Police to distribute. This year they sent the money directly to the departments and can be used to improve the court system, DUI enforcement, or community policing. The Department felt the best approach was community policing so it will be used for a bicycle with the remainder for the crime watch program. Mr. Treppeda stated this particular grant requires a resolution for the Village to apply. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve the resolution authorizing the Village Manager to apply for the Federal Drug Control and System Improvement Program Grant. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Thus becoming: RESOLUTION NO. 599 RESOLUTION AUTHORIZING THE VILLAGE MANAGER OF THE VILLAGE OF BAL HARBOUR, FLORIDA, TO APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI•DADE HUMAN SERVICES TO APPLY FOR, RECEIVE, EXPEND FUNDS, AND EXECUTE AGREEMENTS WITH THE PURPOSE OF CREATING A DRUG CONTROL AND SYSTEM PROGRAM. 9. M.A.R.S. First Annual Fundraising Event - Howard Silverman: Howard Silverman, resident — 10175 Collins Avenue, stated the Inaugural Fundraising Event for the Marine Animal Rescue Society (MARS) will take place at the Sheraton Bal Harbour on September 25, 1999, beginning with a breakfast at 9:30 a.m. At 10:00 a.m., premier world class marathon swimmer Ms. Gail Rice, who just completed crossing The English Channel, will begin her swim for M.A.R.S. from the Sheraton to South Beach. Mr. Silverman thinks it would be desirable for the Mayor and some members of the Council to be at the Sheraton for this event. They are expecting press coverage and attendance and would like the Mayor to present Ms. Rice with a momento from M.A.R.S. to mark the occasion. Copies of the press release are available and tickets for the event can still be purchased. Mr. Cardosa, MARS, feels this is important for Bal Harbour since Channel 4 and Channel 7 will be out to do live coverage. They are trying to raise community awareness and raise funds for rehabilitation tanks for stranded animals. Mayor Hirschl stated the Village previously made a donation to the organization and will make every effort to attend. io. Reports and Recommendations: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff stated he attended the Florida League of Cities Conference and there are some reading materials in the Mayor's office from the Conference. Assistant Mayor Tantleff thinks next year as many Council members as possible should attend since it will be at the Broward County Convention Center. Assistant Mayor Tantleff thanked Councilman Boggess for his placement on the Dade League of Cities two years ago. Assistant Mayor Tantleff announced that he was elected Regular Council Meeting 09/21/99 3 158 meeting in August, the same company was used that is doing the wallpaper in the Council Chamber. Mr. Treppeda needs approval for $16,851.75 for the wallpaper. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to approve $16,851.75 to wallpaper the walls in Village Hall. The motion carried with the vote as follows: Mavor Hirschl aye; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Emergency Purchase of Sewer Station Air Supply Unit: Mr. Treppeda explained there was an emergency purchase of a sewer station air supply unit in the amount of $3,374.00 to replace the motor, which comes out of the Sewer Fund. A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve $3,374.00 to replace the motor in the sewer station air supply unit. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff ave; Councilman Boggess aye; Councilman Corson ave; Councilman Roth aye. Request for Expenditure of Federal Forfeiture Funds: Mr. Treppeda explained Chief Freeman has requested to expend forfeiture funds to purchase a seawall mounted lift system for the Jet Ski that would allow it to be kept at the Village's dock. It is currently being kept at the dump in the Security District. The total amount is $2,000.00. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $2,000.00 of Federal Forfeiture Funds to purchase a seawall mounted lift system for the Police Department's Jet Ski. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Chief Freeman stated it will be purchased from Davit Master. Approval of Change Orders (#12 & 14-16) for Public Works Facility Repairs & Approval of Additional Funds for Change Order #13: Mr. Treppeda explained Coral Tech is still at the Public Works Facility working on some minor items. Mr. Treppeda requested approval for change orders in the amount of $15,195.00. The original budget was $230,000.00 and Coral Tech came in at $129,000.00, so there was $100,000.00 in excess available to clean up the Public Works Facility. Mr. Treppeda stated $56,000.00 will be available after paying all the change orders. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $15,195.00 to approve Change Orders 12, 14, 15, and 16 with additional funds for Change Order #13 for Coral Tech for the Public Works Facility. The motion carried with the vote as follows: Mavor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval of Irrigation Estimate for Beach Master Plan: Mr. Treppeda explained at the last Beach Master Plan meeting, Mr. Wheldon advised that the irrigation they were proposing was not adequate and the entire irrigation system needed to be redone. Mr. Treppeda stated Bradshaw Gill & Associates have provided an estimate of $182,000.00, including the $60,000.00 that was in the original plan. The total amount added would be $117,000.00. Mr. Treppeda distributed the estimate. Mr. Wheldon stated this is only an estimate. Mr. Treppeda stated this is for information purposes only. Mayor Hirschl stated the Council has already approved the concept of full irrigation and whatever the best cost is, it should be done. Regular Council Meeting 09/21/99 5 159 Resort Tax Committee Recommendations: Mr. Treppeda explained the recommendations are from the Resort Tax Committee from their August and September meetings. Mayor Hirsch) discussed item 4 — Annual Contribution to the Greater Miami Convention & Visitors Bureau. He stated the Council told Bill Talbert and David Whitaker that if the GMCVB gave the Village a really good year, then the Village would show good faith and give them a little extra money. Mayor Hirsch) thinks the Village should give a higher contribution this year to show good faith because the GMCVB has done a tremendous amount for Bal Harbour in the last 12 months. Councilman Boggess agreed and stated they have been helpful to Enid Rosenthal (Bal Harbour Shops) and Carolyn Travis (Village's Director of Tourism) and are also sending FAM trips to Bal Harbour. Mayor Hirsch) thinks if the Council allocates more money the publicity will be immeasurable for what they will continue to do. Mayor Hirsch) explained the Village has an interlocal agreement with them that the Village participates at an arbitrary level of $150,000.00 a year. A motion was offered by Councilman Boggess and seconded by Mavor Hirschl to approve $200,000.00 for the annual contribution to the Greater Miami Convention & Visitors Bureau (GMCVB). The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff aye: Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Mayor Hirsch) requested a letter be sent by Councilman Boggess, as Chairman of the Resort Tax Committee, notifying Mr. Talbert of the increase and the reason why. Mr. Treppeda stated he has one more item to add to the lump sum. Carolyn Travis has been approached by FLA USA with an opportunity for a FAM Trip with 7 journalists from Brazil that Ms. Travis feels is something the Village should do. Mr. Treppeda stated $5,000.00 for 10 rooms needs to be approved for a FAM Trip November 7-9. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve a $5,000.00 for 10 rooms for the Brazil Journalist FAM Trip. The motion carried with the vote as follows: Mayor Hirschl ave: Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth aye. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $290,012.98 for the Resort Tax Committee Recommendations. The motion carried with the vote as follows: Mavor Hirschl ave; Assistant Mavor Tantleff ave; Councilman Boggess aye; Councilman Gorson ave; Councilman Roth aye. Mayor Hirschl explained these are funds allocated through resort tax monies and are not ad valorem taxes. Discussion of Water/Sewer Franchise Agreement: Mr. Treppeda stated this item was requested by Mayor Hirschl to discuss the Franchise Agreement that the Village entered into many years ago with the Town of Surfside, which expires August 22, 2006. The Agreement requires the Village to maintain a sewer line and water line that runs through the Town of Surfside. Mr. Treppeda believes this was done in order to get permission to run the lines through Surfside. In 2006, if the Village doesn't renew the agreement, it would lose the right to have the line there and a new line would have to be constructed through a D.O.T. (Department of Transportation) right-of-way. Mayor Hirschl stated this is for the Council's information to understand the arrangement with Surfside. Mr. Weiss stated a franchise agreement is an agreement whereby a govemment usually gives a private party the right to use the public right-of-way. This is unusual because Bal Harbour asked for a franchise to put its water line in Surfside's right-of-way. Surfside agreed for the Regular Council Meeting 09/21/99 6 160 line to be put in their town, but in exchange for that, Surfside was given the ability to connect to the line to use it for certain purposes at no charge. Bill Landis, Village Engineer - Craig A. Smith & Associates (CAS), stated this is an agreement that was issued in 1946. That was probably when it was a private developer, which is probably the original basis of a franchise agreement. Subsequently, 30 years later it was renewed between the Village and Surfside and expires in 30 years. CAS is looking at replacing that force main that runs through Surfside and one of the possibilities is to use a DOT right-of-way (Collins Avenue) and construct a new force main for the sole purpose and use of the Village of Bal Harbour for sewage. This would leave the line to revert back to Surfside. Mr. Landis doesn't recall ever doing any maintenance during the past 10 years on the water line. Councilman Boggess stated the Village's water line comes through Bay Harbor Islands and the Village has the ability to tap into water from North Miami Beach, so the Village doesn't have to rely on Surfside for the water supply. Robert Wheldon, Public Works Director, stated WASA (Water and Sewer Authority) feeds Bal Harbour through the mainland and if there's a problem, Bal Harbour would be fed through Surfside. Mr. Landis stated the primary source is through Bay Harbor and the altemate source is through Miami Beach/Surfside. There's a third source in an emergency situation through North Miami Beach, which would have to be worked out with them to get the valves turned around. Mr. Treppeda stated the franchise agreement requires, with the sewer interconnect, that the Village would have to ask Surfside's permission first before allowing Bay Harbor to start pumping through Bal Harbour's line. Discussion of Sewer Interconnect: Mr. Treppeda stated he spoke with Linda Karlsson who has been conversing with the Town Manager of Surfside. Surfside's plan at this time is to use a line that they have from years ago that runs out into the ocean as their emergency relief valve if it is approved. Mr. Wheldon stated it's up to DERM (Department of Environmental Resources Management). Ms. Karlsson is still speaking with her Council, who likes the idea of splitting the cost with Surfside. Ms. Karlsson may require a study to see if her line can handle the capacity of three cities at the same time. Mr. Wheldon stating Bal Harbour is currently pumping through Surfside. Mr. Treppeda will keep the Council advised. Hurricane After -Action Report — Chief Freeman: Mr. Treppeda explained after each storm the Village does a report, which is required by the police department accreditation and it also gives the Village the opportunity to critique itself. Chief Freeman reported that due to the recent media attention to Bal Harbour's beach, the Police Department will order the closing of the beach as soon as an emergency is declared (an emergency declaration by the Governor or a situation when the department feels there's a public safety issue). Mayor Hirsch) questioned if the Police Department has the right to close it. Chief Freeman responded yes. Mayor Hirschl questioned if the Village has the right to close the parking lot underneath the Haulover Bridge. Mr. Treppeda responded yes. Councilman Boggess didn't like the fact that Bal Harbour has no lifeguards on the beach and people were playing on the jetty and in the water. He doesn't want the Village to have any liability. Mayor Hirschl stated the t.v. stations were inviting people to come to the beach. Mr. Treppeda stated Lt. Smith advised he spoke with the Emergency Operations Center and discussed the media. Lt. Smith stated the Emergency Operations Center was going to use Bal Harbour's experience to have their Public Information Officer speak with the press about encouraging people to go out in a storm and not doing that in the future. Councilman Boggess complemented Lt. Smith on the quick response for the Regular Council Meeting 09/21/99 7 151 article in the Sunday Neighbors (September 19, 1999), which was very good. Chief Freeman stated they have contacted other departments regarding their procedures and has some ordinances that may want to be considered later on. Mr. Treppeda stated the media will not be allowed out there either during a storm. 11. Other Business: Mr. Treppeda distributed a proposal from Milmar Roofing Co., Inc. and explained the roof in Village Hall has been leaking for some time. Mr. Treppeda requested approval for up to $15,000.00 to fix the leaks (one above the elevator, one at the exit door from the Council Chamber, and one in the Police Department in a small cabinet). Mr. Treppeda stated there are contingency funds available in addition to renovation funds. A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to approve up to $15,000.00 to fix the leaks in the Village Hall roof The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. 12. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Gorson to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:50 p.m. Mayor Andrew R. tiirschl Attest: eanette Horton,'CMC/AAE/CLO Village Clerk /elw Regular Council Meeting 09/21/99 8