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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; Regular Council Meeting 01/18/2000 1 199 200 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 Regular Council Meeting 01/18/2000 2 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. 201 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 Regular Council Meeting O1/18/2000 3 202 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 Regular Council Meeting 01/18/2000 4 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 203 Regular Council Meeting 01/18/2000 5 204 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. Regular Council Meeting 01/18/2000 6 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 20S Regular Council Meeting 01/18/2000 7