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.
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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
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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
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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.
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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
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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
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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
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