HomeMy Public PortalAbout2000-01-18 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - JANUARY 18, 8000
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 18,
2000, in the Council Chambers, at Bal Harbour Village Hall. 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
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 Mr.
Treppeda.
3. Approval of Minutes:
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the
minutes of the November 8, 1999, Special 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 Assistant Mayor Tantleff to approve
the minutes of the December 21, 1999, Regular Council Meeting. The motion carried
unanimously (5-0), and the minutes were approved as submitted.
4. Presentations - Officers of the Month: None
5. Public Hearings: None
6. Ordinances Second Reading/Public Hearing: None
7. Ordinances First Reading: None
8. Resolutions: A resolution was read, by title, by the Village Clerk,
endorsing the need for a new facility at Miami Beach Senior High School.
Mayor Hirschl stated the press has been actively reporting the need for a new facility at
Miami Beach Senior High School, which affects the school district in Bal Harbour.
Councilman Boggess stated this should have been addressed a long time ago. Mayor
Hirschl feels it's important to embrace this resolution. A motion was offered by Assistant
Mayor Tantleff and seconded by Councilman Roth to adopt the resolution endorsing the need for
a new facility at Miami Beach Senior High School. The motion carried with the vote as follows:
Mayor Hirschl aye; Assistant Mayor Tantleff aye; Council Boggess aye; Councilman Corson aye;
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Councilman Roth aye. Thus becoming:
RESOLUTION NO. 603
A RESOLUTION OF THE VILLAGE OF BAL HARBOUR ENDORSING THE NEED
FOR CONSTRUCTION OF A NEW HIGH SCHOOL FACILITY AT MIAMI BEACH
SENIOR HIGH SCHOOL AND REQUESTING THE DADE COUNTY SCHOOL
BOARD TO INITIATE PLANS TO REPLACE THE FACILITIES AT MIAMI
BEACH SENIOR HIGH SCHOOL WITH A NEW STATE OF THE ART FACILITY.
9. Reports and Recommendations:
A. MAYOR AND COUNCIL:
Assistant Mayor Tantleff stated Mayor Sosa, West Miami, sent a resolution dealing with
adult education because the Legislature is trying to take the power away from the local
School Boards. The purpose of this resolution is to support local efforts in not losing power
to the Legislature. Assistant Mayor Tantleff stated the Legislature is trying to tell the
County how to run adult educational programs and the local School Districts don't want to
lose that power. Mayor Hirsch) stated the City of Miami Beach has supported this and
stated the Council can take time to review this if they want. Mr. Weiss stated if they are
looking for a resolution from the Village, the State law requires that it be in writing, and
there isn't a resolution of Bal Harbour in front of the Council. So, the Council can pass a
motion endorsing the concept and the resolution can be put on the next agenda. A motion
was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to support the concept
of the resolution and for the Village Attorney to prepare a resolution to be placed on the February
Council Agenda. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant
Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
Assistant Mayor Tantleff stated the Dade County League of Cities has been discussing the
Census and explained that it's important that the Village get the count accurate because
it means money for the municipality. Mr. Treppeda has the package for the Census and
advised he will put an article in the next newsletter.
Mayor Hirsch) stated in the past, residents have approached the Council complaining about
the Haulover Bridge because the joints, where the concrete panels meet, and the rubber
make noise. Mayor Hirschl stated that he and Councilman Boggess have noticed that Bay
Harbor spends a lot of time and effort regularly replacing those rubberized joint areas,
which may minimize their noise. Mayor Hirshl requested that Mr. Treppeda contact D.O.T.
to investigate ways to muffle the noise. Mr. Treppeda reported that D.O.T. has advised
they are going to be rehabilitating the whole bridge. Mr. Treppeda will look into details to
remedy the noise in the meantime.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Approval of Additional Engineering Fees for Park Project
(C.A.P. Engineering): Mr. Treppeda explained there are some additional fees for
architectural plans and specs for the open pavilion, geo-technical tests, structural plans
and windload calculations for the tennis court wall, additional project management, and
special foundation inspection and structural inspection required by the South Florida
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Building Code. Mr. Treppeda advised that he and Dan Nieda, Building Official, met with Lin
Lee, C.A.P. Engineering, conceming the proposal. They were not happy with item F, which
were fees for processing the building permits through the Village's building department, so
C.A.P. deleted $1,000.00. Approval is needed for $11,500.00. A motion was offered by
Assistant Mayor Tantleff and seconded by Councilman Roth to approve $11,500.00 for C.A.P.
Engineering for additional engineering fees for the Park Project. The motion carried with the
vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye;
Councilman Gorson aye; Councilman Roth ave.
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Approval of Contribution to Surf-Bal-Bay Recreation
Program: Mr. Treppeda explained for the past 3 years, Bal Harbour has been involved
with the Surf-Bal-Bay Recreation Program. Principal Lovelass, who administers the
program, is here to explain the program and to request a $10,000.00 contribution. Mr.
Treppeda explained in the second year, they did not request any funds. Thus far, the
Village has contributed $10,000.00
Steve Lovelass, Principal for Bay Harbor Elementary School, addressed the Council.
Mr. Lovelass thanked the Village for its support for the program, which was started in 1997.
He explained they operate as a satellite of Treasure Island Elementary Community School
and the goal is to involve students in active, healthy, and mentally challenging activities
after school instead of being out on the streets or sitting home. Many participating children
are from working parent homes, where there is no supervision after school. They were
able to stretch the funds further than they had anticipated when they started the program
and have been able to operate the program at $30,000 for a year and a half. This Fall, the
Town of Bay Harbor and Surfside both donated $10,000.00 each. Mr. Lovelass requested
that Bal Harbour also contribute $10,000.00 to continue this program. Councilman
Boggess questioned how many children from Bal Harbour participate in the program. Mr.
Lovelass wasn't sure, but stated the total enrollment for their Elementary School has been
50-60 students from Bal Harbour. Mr. Lovelass stated the children in the program are all
from Bal Harbour, Bay Harbor, and Surfside. Mr. Lovelass stated they do involve children
from the three communities that are also currently attending Nautilus. A motion was offered
by Councilman Roth and seconded by Councilman Gorson to approve a $10,000.00 contribution
to the Surf-Bal-Bay Recreation Program. The motion carried with the vote as follows: Mayor
Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye:
Councilman Roth ave.
Approval of Contract and Fees for Fourth of July Fireworks
(Zambelli): Mr. Treppeda explained that Zambelli Fireworks gives the Village a discount
if it pays early for the 4th of July Fireworks Display. They also give 15% additional
fireworks. This year, they are requesting to enter into a 4 year contract and their fees
would remain at $16,300.00 for 2000 and 20001. They would increase to $17,200.00 for
2002 and 2003. This would mean their fees have been the same for the past 6 years. Mr.
Treppeda requested approval to pay the 50% deposit, $8,150.00 and to approve the
agreement. Mayor Hirschl questioned how much the New Year's Eve fireworks cost, which
were excellent. Mr. Treppeda stated they were $25,000.00. A motion was offered by
Councilman Boggess and seconded by Councilman Roth to approve a 50% deposit in the amount
of $8,150.00 for the 4`s of July Fireworks Display, and to enter into a 4 year contract with
Zambelli. 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 of Date Palm Light Upgrade: Mr. Treppeda explained
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at the December meeting, the cost was given for the ballasts and light bulbs, but the
electrician needed to advise if the system needed to be upgraded. Mr. Treppeda reported
that the electrician does need to upgrade the system, which would cost approximately
$11,786.00 and would have to be bid out. In addition, labor to change out the equipment
would be $22,160.00. The Village's Public Works Department offered to do the job, but
Mr. Treppeda thinks it would have to be done at the same time, which would tie up the
department. Mr. Wheldon stated it would take a couple guys a month working every
Saturday and Sunday, on overtime, since it couldn't be done during the week. Mayor
Hirsch) questioned if the new lights are from the same manufacturer of the lights that the
Village has currently. Mr. Wheldon responded it is the same manufacturer of the ballasts
and they will give the Village a 5 year warranty. Councilman Boggess questioned what the
total charges would be if the Village Maintenance Employees worked on Saturdays and
Sundays. Mr. Wheldon was not sure, but stated it would be less than $22,160.00.
Councilman Boggess questioned if the employees would want the overtime. Mr. Wheldon
stated he doesn't think they will be crazy about it one way or the other. Mayor Hirschl
questioned if the warranty would be void if the Village installs them instead of a licensed
professional. Mr. Wheldon doesn't know, but the Village replaces them now. Councilman
Boggess questioned if the people will do everything (clean out the roots, etc.) that is
needed. Mr. Treppeda stated it would have to be specified in the specs. Mr. Treppeda
stated he will check three companies. Mayor Hirsch) questioned if there is money for this
project. Mr. Treppeda stated the Village doesn't have the audit back yet, but there would
be adequate funds based on calculations. Mr. Wheldon would rather have a contractor do
it instead of Maintenance Employees. Councilman Roth thinks the Village should get a
more defined bid.
Councilman Boggess stated the Village doesn't have the audit in and doesn't know if the
money is there until the audit is reviewed. Mayor Hirsch) doesn't understand why the
Council doesn't have a going total of the resort tax balances and that an outside auditor
has to tell the Village how much money it has in the account. Mrs. Horton stated they do
have an idea what is there, but to make sure they need to review the audit. It was
supposed to be done in January, and Jerry Chiocca, Rachlin Cohen & Holtz, advised that
people have been out sick and the Village will have it for the February meeting. The audit
is a precaution to make sure that the figures that Mr. Treppeda and she have are correct.
Mayor Hirsch) questioned Mrs. Horton if she has reason to believe that their figures are
incorrect. Mrs. Horton responded no. Mayor Hirsch) stated there was never an issue that
the figures are not accurate and it's choking the ability of the Resort Tax Committee to act
on issues that pertain to tourist development. Mr. Treppeda stated their figures show it's
at $195,000.00, after the Beach Master Plan funds are expended. Mrs. Horton stated the
auditors will take approved items into the past year, or put them into the prior year, in their
audit. Mrs. Horton wants to make sure that the Village has done the same thing.
Councilman Boggess stated if there's a glitch in the Village's accounting procedures, the
audit will disclose that and the Village can adjust to what the auditors want. In the future,
this will be resolved. Councilman Boggess stated the Council should bear in mind that the
Village changed auditors and they are going about things differently than the previous
auditors did; they have asked for several changes in procedures. Mrs. Horton stated State
law requires that the audit be done and into the Auditor General by March 31st. Mr.
Treppeda stated the fund balance is getting lower and they're watching it closer than in the
past. Councilman Boggess stated, as Chairman of the Resort Tax Committee, he wants
to make very sure the Village has funds before they start allocating. Mayor Hirschl
requested the auditors make this a priority to complete, otherwise the Village will find
another auditor who can. Mrs. Horton stated the auditors have promised the audit to be
done in February and Mr. Chiocca will appear at the meeting in February. Mrs. Horton will
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speak to Mr. Chiocca again. Mr. Treppeda stated that Mr. Chiocca advised that the Village
is the first city to be done of all the cities that they are handling.
A motion was offered by Councilman Boggess and seconded by Assistant Mavor Tantleff to table
the discussion of the Date Palm Light Upgrade. The motion carried with the vote as follows:
Mayor Hirschl aye; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Corson
ave; Councilman Roth aye.
Authorization for Village Manager to Approve Revised
Temporary Construction Easement and Maintenance Agreement for D.O.T.
Drainage System: Mr. Treppeda explained, at the April meeting, the Council authorized
him to enter into a Temporary Construction Easement and Maintenance Agreement with
the Department of Transportation so that they can install a pump station and wells in the
Village's Park area. D.O.T. has advised that they will not be starting their project until
October 2000, and will take 4-5 months to install it. Mr. Treppeda advised the Village is
ready to start the Park very soon and suggested that D.O.T. move the equipment into the
parking lot and public works area instead. D.O.T. agreed to that and they are making
arrangements. Mr. Treppeda advised the documents are not ready, but requested
authorization, subject to review by Mr. Weiss' office, to approve the amended agreements.
A motion was offered by Councilman Boggess and seconded by Councilman Roth to authorize
Mr. Treppeda to approve the revised Temporary Construction Easement and Maintenance
Agreement for the D.O.T. Drainage System, subiect to review by the Village Attorney's office. The
motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye;
Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave.
Assistant Mayor Tantleff questioned if D.O.T. is planning on leaving the island at the 96th
Street/Harding Avenue intersection. Mr. Treppeda stated he has been speaking with a
new traffic engineer who is scheduled to meet with Jose Abreu, D.O.T., to see what can
be done.
Approval to Purchase Copy Machine: Mr. Treppeda explained
every 3 years, Village Hall needs a new copy machine because they start having problems.
He advised that the Village has been very happy with Toshiba Copyco and Copyco is
willing to give the Village a digital copier, from the Dade County School Board bid, at a
lower price. Mr. Treppeda advised this item is budgeted. Councilman Boggess questioned
if it would be cheaper for the Village to lease. Mr. Treppeda stated the Village found that
it was better to purchase because the Village gives the replaced machine to the police
department and trades in the older one that the police department had. A motion was
offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $12,245.00 to
purchase a new Toshiba copy machine (DP6570) from Copyco for Village Hall. The motion
carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff ave; Councilman
Boggess ave; Councilman Gorson ave; Councilman Roth aye.
Resort Tax Committee Recommendations: Mr. Treppeda
explained that the Committee recommended that the $1 million beach reserve, which is
established by Section 18-41 of the Village Code, be freed up and utilized for regular resort
tax expenditures. The Committee feels if the Village ever needs funds for beach
renourishment, a loan could be taken against the $2 million a year that is received. Mr.
Treppeda stated the Village has never needed this money in the past. Councilman
Boggess stated this was proposed by Stanley Whitman who reported that not one
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municipality in Dade County has ever spent a dime towards beach renourishment. He
explained that, in the past, the Village spent money for beach renourishment and
landscaping the beach, which it was later reimbursed for. Councilman Boggess feels safe
in utilizing the fund; however, he is concemed about putting the proper controls on it. If the
Village frees up the money, he wants to make sure the Council knows where it's going and
when. He doesn't want it to be considered general revenue for the resort tax. The Village
is going to have a large expenditure for the 96th Street Improvement and still has the Beach
Master Plan to pay for. Councilman Boggess doesn't want the money to be used for
general advertising and wants everything the money is used for to come before the Council
for approval. Mayor Hirschl stated there is no mechanism to segregate these monies for
the areas that Councilman Boggess specified. Councilman Boggess would like to set that
up. Mayor Hirschl questioned if the money should be touched at all and suggested it stay
segregated. Councilman Boggess suggested borrowing from the fund for the 96th Street
Project and reimbursing it later on. Or, when the Village finds out where it stands through
the audit, perhaps this can be done. Mayor Hirsch) questioned Mr. Weiss if the Council
has the ability to borrow from that fund, if so desired, for non -beach renourishment activity.
Mr. Weiss stated Section 18-41 requires that $1 million be left in that fund and he would
have to look into that. Normally, governments do have the ability to borrow from one fund
to another, but because this fund is created by that Code section there are some concerns
about using it. If the Council wants to use the funds, the Code would have to be amended
and that section removed. Then, the Council can do whatever it wants with the money and
replace it by specified controls. Mayor Hirschl stated he's not against it, but questioned
why previous Councils insisted that this money be there. Mr. Weiss thinks the fund was
created to ensure that there would always be money to replace the beach. Mayor Hirsch)
stated if the Council removes that section, allowing the money to be freed up, that this
Council has the ability to borrow money based on the ability to pay back through resort tax
collections. Councilman Boggess suggested an ordinance be prepared. Mayor Hirsch)
stated the Village is also looking into raising the resort tax. Mayor Hirschl requested Mr.
Weiss' office investigate aspects and legalities of borrowing money or collapsing the entire
amount into a fund. Mayor Hirsch) also requested an ordinance be drafted and placed on
the February Agenda for first reading.
A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to
approve the Recommendation of the Resort Tax Committee to eliminate the Beach
Renourishment Fund and to utilize the $1 million for future resort tax expenditures. This vote
was tabled pending further information.
Mr. Treppeda stated the Committee also recommended expanding the Director of
Tourism's duties to include International Public Relations and also looking at her salary.
They asked Mr. Treppeda to check with the GMCVB on salaries for that position. Mayor
Hirschl stated the Committee is very happy with Carolyn Travis and she has done a
fabulous job for the Village. Councilman Boggess agreed and added the GMCVB has
been very cooperative this past year. Mayor Hirsch) thinks the Council did the right thing
by increasing the contribution towards interlocal partnership.
Councilman Roth stated on February 21. 2000, the same day as the February Council
meeting, there is a big event at Mt. Sinai. A motion was offered by Assistant Mayor Tantleff
and seconded by Councilman Roth to start the February Council meeting at 2:00 p.m. instead of
3:00 p.m. The vote carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff
aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
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10. Other Business:
George Teichner, resident - Majestic Condominium (9601 Collins Avenue), addressed
the Council and requested they exercise Section 21-33, which is power of the Board of
Appeals to modify decisions of the Building Official. Mr. Teichner stated at the Majestic,
in December 1993, the Developer received a permit from the Department of Environment
which allowed him to put the building up and build 35 cabanas, tennis courts, a pool, pool
deck, spas, etc. In 1996, the Developer went back to the Department of Environment and
requested a permit to build beach huts, not cabanas, which were classified as minor
structures. The Department of Environment issued a second permit (DA258M1), which
superseded the first permit (DA258). In that permit, the only change from the original
permit was permission to build beach huts as minor structures, not major structures and
not cabanas. Mr. Teichner stated that final order for the permit was only pursuant to
Subsection 161053, paragraph 5, of the Florida Statutes. Therefore, the Developer
received a permit to build beach huts, which are classified as minor structures and are
expendable, subject to Florida Statute. The Florida Statute states that if a municipality has
rules and regulations relative to the beach, those rules and regulations are to be put into
effect. Bal Harbour has rules and regulations relative to the beach and it does not contain
beach huts in any of its Codes. The nearest it comes is a gazebo or bathhouse. The
Florida Statute says that a gazebo or bathhouse, or minor structure, must be built pile
supported, without a roof, on a paved area. The Majestic has 7 Certificates of
Occupancies for cabanas and there are no permits for cabanas. They are structures that
were illegally built because the Bal Harbour Code does not contain the word beach hut. Mr.
Teichner questioned how the Village can issue a Certificate of Occupancy for a cabana,
which is a major structure and is non -expendable. Mr. Teichner stated the rules for
Certificates of Occupancy are based on permits and cannot be issued for a structure that
never had a permit. Mr. Teichner requested the Council to revoke those Certificates of
Occupancy. Mayor Hirsch) stated this is a complex matter and it was in everyone's best
interest to refer Mr. Teichner and these matters to Mr. Weiss and Mr. Treppeda, who will
inform the Council of the investigations with Mr. Teichner. Mayor Hirschl instructed Mr.
Teichner to contact Mr. Treppeda to arrange a meeting with the Village Attorney.
11. Ad Dorn: There being no further business to come before the Council,
a motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adjourn.
The motion carried unanimously (5-0), and the meeting adjourned at 3:48 p.m.
ayor Andrew R. Hirschl
Attest:
nette Horton, C
Village Clerk
/elw
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