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HomeMy Public PortalAbout2000-02-15 Regular Meeting2U6 COUNCIL MINUTES REGULAR MEETING - FEBRUARY 15. 2000 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 15, 2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 2:00 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 Ellisa Wright, Deputy Clerk As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by the Village Council. 3. Approval of Minutes: A motion was offered by Councilman Borpess and seconded by Councilman Roth to approve the minutes of the January 18, Regular Council Meeting,. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations - Officer of the Month: None S. Public Hearings: None 6. Ordinances Second Reading/Public Hearing: None 7. Ordinances First Reading: Mr. Weiss explained that there are two altemate ordinances that relate to use of the resort tax beach fund. The first ordinance eliminates paragraph b and the $1 million beach fund. That would enable the Village to use the money on a temporary basis and then replenish it. It doesn't prevent the Village from having $1 million in a beach renourishment fund, but it removes the requirement. The second option is a specific authorization in the resort tax ordinance that allows the Village to borrow money from the resort tax funds, to be used for another purpose, provided that there is a methodology in the resolution authorizing the borrowing for the repayment of the funds into the reserve fund. So, option A eliminates the requirement for the $1 million reserve, and B allows for the borrowing of that money. The ordinances were read, by title, by the Village Clerk, amending Chapter 18 "Taxation and Finance" of the Village Code. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE. VILLAGE CODE BY AMENDING CHAPTER 18 "TAXATION AND FINANCE" BY AMENDING ARTICLE II "RESORT TAX" BY AMENDING PARAGRAPH (b) OF Regular Council Meeting 02/15/2000 1 SECTION 18-41 "TAXES TO CONSTITUTE SPECIAL FUND" BY REPEALING THE RESTRICTION THAT THE FIRST $1,000,000 COLLECTED FROM THE ONE PERCENT INCREASE IN THE RESORT TAX, WHICH COMMENCED ON JANUARY 1, 1985, BE PLACED IN A SPECIAL RESERVE FUND TO BE USED EXCLUSIVELY FOR PUBLIC BEACH RESTORATION AND MAINTENANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE BY AMENDING ARTICLE II "RESORT TAX" BY REVISING SECTION 18.41 "TAXES TO CONSTITUTE SPECIAL FUND" BY REVISING PARAGRAPH (b) THEREOF TO AUTHORIZE FUNDS IN THE SPECIAL RESERVE FUND PROVIDED FOR PUBLIC BEACH RESTORATION AND MAINTENANCE TO BE TEMPORARILY USED FOR OTHER TOURIST INDUSTRY PROMOTION PURPOSES AS AUTHORIZED BY SECTION 18-41(a), SUBJECT TO SUBSEQUENT REPAYMENT INTO THE SPECIAL RESERVE FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. Councilman Boggess explained the Resort Tax Committee agreed the money should not be expended at one time, only the Council can approve the expenditure of this fund, and expenditure should not be more than 25% per year of the $1 million. Assistant Mayor Tantleff doesn't think the money should be touched and is against both ordinances. Councilman Roth stated if there's a special circumstance that is extremely important to the Village it would be okay, otherwise it should stay in reserve. Councilman Boggess stated it's earning $60,000 per year in interest. The Committee doesn't need the money at the present time, and the intent is to make the money available if it's needed in the future. Councilman Boggess doesn't see anything wrong with removing the restrictions on it as long as everything done has to be approved by the Council. Mayor Hirsch) stated in fiscal year 1997/98, there was an excess of $530,000 in the resort tax funds that was not used. In fiscal year 1998/99, there was $334,000 that was not used. Mayor Hirschl stated the money budgeted isn't being used and he questioned needing to free up the money if there's not a current use or need for it. Councilman Boggess stated there's no need to keep the $1 million reserve, because no municipality in this County has ever spent any of its own money to restore the beach. It has always been paid for by the Federal, State, and County govemment. Mr. Weiss stated adopting the second ordinance (Tab C), would allow for a temporary loan. Currently, the Resort Tax Committee can't use the money for anything other than beach renourishment/maintenance. Assistant Mayor Tantleff stated there may come a time when municipalities have to pay for their own beaches. Councilman Boggess suggested removing the restrictions without spending the money. Mr. Weiss stated it would only take two Council meetings in the future to free up the money. Tony Noboa, SunTrust Bank - Resort Tax Committee Member, thinks it was a matter of having the money available quickly in case it was needed for a special project immediately. To remove the restrictions, but keep the money where it is. Mayor Hirschl stated until the money is needed, it's nice to eam the interest and to know the Village has a beach renourishment budget available in the event of an emergency. No action was taken by the Village Council on this issue. 8. Resolutions: Regular Council Meeting 02/15/2000 2 20'7 208 A resolution was read, by title, by the Village Clerk, supporting the Miami -Dade County Public Schools Adult and Postsecondary Vocational Programs under their current structure. Assistant Mayor Tantleff stated this resolution was discussed at the January Council meeting and is now in resolution form. He explained it came from the Dade League of Cities, where most of the municipalities have passed it. It lets the Dade County School Board control where the money goes . A motion was offered by Assistant Mavor Tantleff and seconded by Councilman Roth to adopt this resolution. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mavor Tantleff aye; Council Boggess aye; Councilman Gorson ave; Councilman Roth ave. Thus becoming: RESOLUTION NO. 604 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, SUPPORTING MIAMI-DADE COUNTY SCHOOL BOARD RESOLUTION 99-42 ENACTED OCTOBER 20,1999, WHICH SUPPORTS CONTINUED APPROPRIATIONS FOR AND DELIVERY OF THE MIAMI-DADE COUNTY PUBLIC SCHOOLS ADULT AND POSTSECONDARY VOCATIONAL PROGRAMS UNDER THEIR CURRENT STRUCTURE, AND OPPOSING ANY EFFORT BY THE STATE LEGISLATURE TO ASSIGN CONTROL TO THE COMMUNITY COLLEGE SYSTEM OF THESE ADULT EDUCATION AND VOCATIONAL PROGRAMS. A resolution was read, by title, by the Village Clerk, supporting the redevelopment of Homestead Regional Airport. Mayor Hirsch) stated that the Mayor of Homestead sent this Resolution and several municipalities have approved it. Mayor Hirsch) stated the benefit for the County is to have a southem regional airport to help free up the northem part of the County. Assistant Mayor Tantleff stated he supports the redevelopment of it, not necessarily as an airport. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adopt this resolution. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Council Boggess aye: Councilman Corson aye Councilman Roth ave. Thus becoming: RESOLUTION NO. 605 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, EXPRESSING SUPPORT FOR THE REDEVELOPMENT OF HOMESTEAD REGIONAL AIRPORT IN ACCORDANCE WITH THE SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT FOR DISPOSAL OF PORTIONS OF THE FORMER HOMESTEAD AIR FORCE BASE, AS PREPARED BY THE DEPARTMENT OF THE AIR FORCE IN DECEMBER 1999; PROVIDING FOR DISTRIBUTIION OF RESOLUTION; PROVIDING FOR EFFECTIVE DATE. 9. Rachlin Cohen & Holtz Presentation of Audit - G. Jerry Chlocca: Mr. Chiocca addressed the Council and reviewed the audit for the fiscal year ending September 30, 1999. Mr. Chiocca reviewed the Report of Independent Certified Public Accountants on page 1. Mr. Chiocca reviewed page 3, which is the Combined Balance Sheet for the Village, and stated there is $36,772,351.00 in total assets, $1,574,730.00 in liabilities, and $35,197,621.00 in fund balance. Under Governmental Fund Types, General and Special Revenue, there is approximately $3.4 million in both funds in total assets, and $498,636 in General Fund Liabilities and $146,329 in Special Revenue Liabilities. In fiscal 2000, Regular Council Meeting 02/15/2000 3 $1,350,704 has been designated for future expenditures and there's $1,642,729 of undesignated unreserved fund balance. Under Special Revenue, fund balances have been reserved for Tourism Development ($1,802,881.00) and Beach Restoration ($1,400,000). Mr. Chiocca reviewed page 5 - Combined Statement of Revenues and Expenditures — Budget and Actual. Mr. Chiocca explained a dash (—) at the bottom of the budget columns signifies that the Village passed a balanced budget, which is required by Florida statutes. In the General Fund, there was a total revenue of $5,342,471, versus $4,645,610 of expenditures, which leaves an excess of revenues of $741,861. Under Special Revenue, total revenues was $2,210,727, with $2,197,016 in expenditures, which leaves an excess of $13,711. Under the Budget for Special Revenue, $415,843 was budgeted from the prior year's fund balance to use in the current year and it was not used (projects didn't start, etc.). Mr. Chiocca reviewed page 6 - Combined Statement of Revenues, Expenses and Changes in Retained Eamings for Proprietary Fund Type. He explained there was $2,077,881 in Charges of Services, versus $1,679,926 for Operating Expenses, which leaves $397,955 for Operating Income. The net income for the year was $3795,841. Mr. Chiocca reviewed the Report on Internal Control and Compliance on page 31. Mr. Chiocca read "The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. We noted no matters involving the intemal control over financial reporting and its operation that we consider to be material weaknesses." Mr. Chiocca reviewed the Management Letter on page 33, which is required to be filed in accordance with the laws of the State of Florida Auditor General. Mr. Chiocca advised there were no inaccuracies, irregularities, or shortages during the year. The Village was not in a state of financial emergency, and the Village has no deficit fund balances. During the course of their audit, nothing came to their attention to disclose any violation of any laws or regulations and illegal or improper expenditures. Mr. Chiocca reviewed the Prior Year Comments and Status on page 35. He stated all of the prior comments that they had (1-8) have been complied with. The only other comment they had was that the Village's consultant come in more regularly and that has also been started. Councilman Boggess questioned if the audit can be done any faster. Mr. Chiocca stated maybe by 2-3 weeks. Mayor Hirschl stated there was a problem with the Resort Tax Committee knowing the bottom line in that fund. Mr. Chiocca stated the availability can be determined earlier and a draft can be done sooner, such as in middle -December. Mr. Weiss stated this audit was done quickly. 10. Reports and Recommendations: A. MAYOR AND COUNCIL: 209 Discussion of Tandem Parking (Code Section 21-385(m) — Assistant Mayor Tantleff: Assistant Mayor Tantleff stated the Village has an ordinance in the Code mandating tandem parking and he would like to have some background as to why the Village has it because it doesn't seem like something that needs to be mandatory. After an explanation, he's going to consider a motion to delete it from the Code. Mr. Treppeda explained this was passed in the 1970's and the minutes don't determine the reason for passing it. Councilman Boggess thinks there's a good reason for it and stated if a building has tandem parking that is not controlled by valet, then people can park their cars blocking other people in. Councilman Boggess stated some buildings don't like for Regular Council Meeting 02/15/2000 4 210 people to park their own cars because of the liability of the Condominium Association if someone gets injured in the garage. Councilman Roth thinks it should be up to each building because it's a liability issue covered by the building. Right now it's mandated to have valet parking if there's tandem parking. Councilman Roth thinks the Board of Directors of each building should decide what they want. Steve Rothstein — Smith & Supraskl, Attorney representing the Developers of Majestic Condominium, distributed a letter dated December 20, 1999, regarding Section 21-385(m) of the Bal Harbour Village Code. Mr. Rothstein stated that tandem parking is designed to permit two vehicles to park back to back. Mr. Rothstein stated this issue has come up in the City of Miami Beach, and he has a copy of their ordinance on tandem parking. Mr. Rothstein distributed a copy of the ordinance to the Council. Mr. Rothstein stated Miami Beach permits tandem parking in their buildings and self parking when the unit owner owns both of the spots because that will alleviate the situation where one unit parks his car first and the second unit blocks it. Mr. Rothstein suggested amending the Village's ordinance and patteming it after Miami Beach's ordinance, and permit self parking in the spots when the unit owners own both of the tandem spots. Councilman Boggess questioned who requested this change. Mr. Rothstein believes it was requested partly by his clients, the Developers of the Majestic (Pru-Shel Development Partnership), who are residents of Bal Harbour. Mr. Rothstein stated they feel the Code is ambiguous as to the reason behind the way that 21-385(m) is worded currently and also the enforcement of it when it's in a residential unit building, when the unit owner owns both of the tandem spots, as opposed to a commercial building, such as the Sheraton. Mr. Weiss stated the Village requires a certain number of parking spaces when buildings are approved and tandem parking is a way to provide more parking spaces with less space. Mr. Weiss guesses the reason this was put in was as a compromise. Someone wanted tandem parking and someone said there's a problem with that, so the compromise was if there is tandem parking, then there has to be valet parking to take care of those spaces. Mr. Weiss advised that this is one of Mr. Teichner's issues and they have given the opinion that they believe that what this section says is, with respect to only tandem spots, valet parking is needed. Councilman Boggess questioned if the management of the Majestic has been tumed over to an Association. Mr. Rothstein responded yes. Councilman Boggess stated the request should come from the Majestic Association. Carolyn Cohen, resident — Majestic Condominium (9601 Collins Avenue #1609), addressed the Council and advised she is on the Majestic Board of Directors. She stated the Majestic Board doesn't want to be govemed by the ordinance, they want to be allowed to self park, and they also don't want to give up valet parking. Right now, they can't self park their cars because of this ordinance and the majority of owners have tandem spots. Dan Nieda, Building Official, stated the Developer exceeds the requirements of the Code by having a substantial amount of tandem parking. The Council directed Mr. Weiss and Mr. Nieda to analyze the request of parking as it pertains to tandem valet parking and self parking and to make a presentation next month. Mayor Hirsch): Mayor Hirsch) reported he is coordinating a meeting with Gwen Margolis to discuss the Haulover golf issue. Mayor Hirschl advised that Mr. Treppeda attended a Coastal Mayors Meeting on his behalf whereby they were informed about the renourishment of the Village's beach. B. VILLAGE ATTORNEY: None Regular Council Meeting 02/15/2000 5 C. VILLAGE MANAGER: 211 Update on Beach Master Plan — Coastal Systems International: Mr. Treppeda explained that two representatives, Christy Brush and Laura Shepherd, from Coastal Systems, are here to make a presentation. Ms. Brush addressed the Council and explained she's a Coastal Geologist and the Head of Permitting and the Environmental Department at Coastal Systems International. Ms. Shepherd is the Project Manager, who is working closely with the Department of Environmental Protection (DEP) in Tallahassee, on the permitting issues for the project. Ms. Brush stated nothing has changed significantly since the last meeting in November, where the entire length of the project was presented. Some details have been added and will be presented today. Ms. Brush stated the design that was submitted to the DEP, for the coastal construction permit processing, incorporates a 12 foot wide crushed shell path that meanders among the existing isolated dune features. The path terminates at both the north and south ends in a rounded feature so that pedestrians and joggers have an easy tum around that redirects them back to the center of the Village. At both the north and south ends there's a substantial area of vegetation that serves as a buffer feature. On the landward side, there's an indirect vehicular access for emergency access that connects at the north to the Haulover access, and at the south to the 96th Street access. At the end of the paths, people are directed either to the beach or back around. Councilman Boggess stated the plans still show an alleyway. Ms. Brush stated there has to be emergency access to the back side. Mayor Hirsch) questioned why there has to be and if it's a requirement. Council Boggess stated that's what the Village is trying to get rid of and a jogging path was supposed to be built wide enough for emergency vehicles. Ms. Brush questioned if the Council wants the vehicle on the path. Councilman Boggess questioned why not. Ms. Brush stated it might destroy the path. Ms. Brush stated 15 feet would be the minimum width for emergency vehicles. Councilman Boggess doesn't understand what has happened in the translation, but the Village was trying to get rid of that alleyway. Ms. Brush questioned if the concept the Council anticipated was to have a path wide enough for vehicular access and the rest vegetated, with the exception of the access to the condominiums. Mr. Treppeda stated part of Coastal Systems' task should also be to contact Miami -Dade Fire & Rescue to see if there are any requirements for emergency vehicles to have access behind the buildings. Ms. Brush stated it can be incorporated into the path. Councilman Boggess stated that's what the Council asked for previously. Assistant Mayor Tantleff agreed. Mayor Hirsch) stated the Council asked to eliminate the interstate highway that exists on the beach. Ms. Brush stated the last direction that Harvey Sasso relayed was to get rid of the direct access at the north and south, so vehicles are not encouraged to go back there, except for emergency vehicles in emergency situations. Councilman Boggess stated Mr. Sasso must have been the only one who understood that, but that can be remedied. Ms. Brush agreed that can be remedied. Ms. Brush stated they can propose an altemative that would be acceptable to the Council. Right now, there's a purely pedestrian path meandering through the dunes and vegetation. A portion of the existing sand landward, right behind the buildings, will be left for access to the jogging path from the properties, with some additional vegetation filled in to make it a more landscaped design. But, they can leave the compacted sand such that the emergency access could cross over the path in certain areas and just be on sand to keep the emergency vehicles off of the main part of the path and out of the vegetation. If it's the direction that the vehicles go on the path, then they can take that direction. Councilman Regular Council Meeting 02/15/2000 6 212 Boggess questioned if any consultation has been done with Taft, Bradshaw & Associates. Ms. Brush responded yes. Councilman Boggess stated this isn't the plan the Council saw before. Ms. Brush stated this is the plan as it was before with just minor changes in the vegetation. The north and south ends were what were modified from the last time. Mayor Hirsch) stated the Council's understanding, through Taft and Mr. Sasso, was that the packed sand that's landward, closest to the building bulkheads, would be eliminated. The Village would vegetate from their bulkheads eastward towards the berm areas that exist, eliminate the vehicular activity on that portion of sand, tie into the buildings as suggested from the buildings to the path and to the beach areas. Ms. Brush confirmed essentially connecting out the vegetation all the way from the backside of the properties through. Councilman Boggess stated this is a big surprise to the Council because it's not what the Council agreed upon. Ms. Brush confirmed the way the vegetation is presented isn't the concern. Mayor Hirschl stated the Council loves the vegetation. The more, the better. Sheryl Goldberg, resident - 10185 Collins Avenue, addressed the Council and stated the Beach Master Plan Sub -Committee agreed that both paths would be merged into one path, with vegetation along the back bulkheads of the buildings, and for the path to be wide enough for emergency access. Ms. Brush stated 15 feet would be required. Councilman Boggess doesn't understand Harvey Sasso and stated they were quite specific on what they wanted. Ms. Brush stated she is going to get this resolved today because this is being permitted right now. Councilman Boggess doesn't understand how this was taken for permitting when this isn't what the Village agreed to. Ms. Brush stated they're very close from what she's hearing. Ms. Brush questioned the sand area. Councilman Boggess stated the sand area is not needed. Ms. Brush stated that will be entirely vegetative and the path will be wide enough. Councilman Boggess thinks Coastal Systems International needs to have more communication with Taft, Bradshaw & Associates, who did the concept and the landscaping. Ms. Brush stated the path, shown in dark brown, will be 15 feet wide, only to be used by emergency vehicles, with a sand connector to the shell path for the emergency vehicles. At this point, vegetation will block off what was previously sand and will be entirely vegetative. So, all of the light sand color shown on the plan will be entirely vegetative, with the exception of just sand access ways to the buildings. Councilman Boggess stated the whole purpose of this is to enhance Bal Harbour's beach, so that tourists feel they're on a desert island. The Village doesn't want roadways, etc. The Village wants it to be as attractive as possible. Ms. Brush stated she understands. Councilman Boggess requested Ms. Brush to get rid of the roadway path because two paths aren't needed. Assistant Mayor Tantleff questioned the time frame on the permitting being completed. Ms. Brush stated the permitting will be completed approximately mid -April. The project will break ground approximately in the end of May, depending on how fast the Contractor can get people. Permitting will take 1-2 months to obtain. Ms. Brush stated they will re -do the plans. Mayor Hirsch) requested that Mr. Treppeda make sure that the Village not be billed one penny for any changes that the Village now incurs. Mayor Hirschl stated he will pull the records from the last few meetings and have the audio tapes available to Harvey Sasso, so it can be heard one more time exactly what the Council told him. Mayor Hirschl stated it's becoming frustrating to do business with Mr. Sasso at this point. Mayor Hirschl stated he will send a letter to Harvey Sasso today to that effect because Mr. Sasso needs to know that the Village is not happy. Mayor Hirsch) requested Ms. Brush advise Mr. Sasso that this is about the last mistake that the Village will tolerate on this project. Ms. Brush Regular Council Meeting 02/15/2000 7 stated she will tell him. Mayor Hirsch) stated the Village has approved too many things too many times already on this project and it's becoming a burden. Councilman Boggess stated to come back with this plan to the Council is an affront to them. Ms. Brush apologized. Ms. Brush stated they will correct the plans as soon as possible and send a set of plans to Mr. Treppeda so the Council has confirmation that she understood what was stated today. Ms. Bru stated in terms of the permitting, they have conceptual approval fro DEP. The only issue ey've had to debate with them is exactly how far seaward th path can go. They have to inimize impact to native vegetation that's existing there so here are areas of debates on erms of areas of sea oats and other vegetation. Th= have to get the lighting signed • f and approved. They're negotiating the special p=rmit conditions for construction durin. the sea turtle nesting season. Ms. Brush explain =d low bollard lighting is proposed that wil •e spaced approximately 60 feet on center o meet Dade County lighting requirements f. safety. There's no tree lighting. They - e going to start officially drafting the permit with DAP. It takes a few weeks to write the p rmitting and to go through the formatting process. Thha approval will come out about d-April. Final construction drawings, which they will sta on as soon as they confirm e Village is happy with the layout, will start in the next uple of weeks. That - ill include all of the grading, landscaping, and the geometry of e path itself. Those p = ns will also be done in mid -April, so the bid package can go out an a Contractor ca be selected. Actual construction should begin approximately in the en. of May. Mr. Treppeda questioned if there were : ny it gation matters. Ms. Brush stated the irrigation is allowed. Part of the issue is • far seaward the meandering irrigation structures can go. Mr. Treppeda questione• out a possible problem with the edging of the paths. Ms. Brush stated some of the rth: seaward portions of the path are at the edge of the erosion control line, which is e edge f the Village's property jurisdiction and easement. Seaward of that, the State ' very strict o permitting any structures. They are debating the definition of structure ith them and ether the curbs for the path and irrigation are considered structure that can't go sea : rd of that line. A couple of the edges are skirting that line now . d they may have to b= shifted a couple of feet further landward. Mayor Hirsch) requested t •t the path be placed in an area o minimize the amount of erosion. Ms. Brush statethe meandering path is not random, ome areas are on higher elevations and have m. e vegetation and more sand protectinhe path for that issue. They evaluated the r gular erosion rate and storm events and ave placed the path landward of that. Renewal of Mutual Aid Agreement with India Creek Villa e Public Safet Department: Mr. Treppeda explained the Village ha mutual aid agreements ith surrounding agencies for assistance. Mr. Treppeda reques -d approval to renew t : Indian Creek Village agreement. A motion was offered by Assis ,nt Ma or Tantleff a % seconded by Councilman Boness to approve the Mutual Aid Agreement w Indian Creek V Re Public Safety Department. The motion carried with the vote as follows: i ayor Hirsch aye; Assistant Mayor Tantleff aye; Councilman Boness aye; Councilman Gorson . e; Councilman Roth ave. Chief of Police Request to Expend Forfeiture Funds: Regular Council Meeting 02/15/2000 8 stated she will tell him. Mayor Hirsch) stated the Village has approved too many things too213 many times already on this project and it's becoming a burden. Councilman Boggess stated to come back with this plan to the Council is an affront to them. Ms. Brush apologized. Ms. Brush stated they will correct the plans as soon as possible and send a set of plans to Mr. Treppeda so the Council has confirmation that she understood what was stated today. Ms. Brush stated in terms of the permitting, they have conceptual approval from DEP. The only issue they've had to debate with them is exactly how far seaward the path can go. They have to minimize impact to native vegetation that's existing there so, there are areas of debates on terms of areas of sea oats and other vegetation. They have to get the lighting signed off and approved. They're negotiating the special permit conditions for construction during the sea turtle nesting season. Ms. Brush explained low bollard lighting is proposed that will be spaced approximately 60 feet on center to meet Dade County lighting requirements for safety. There's no tree lighting. They are going to start officially drafting the permit with DEP. It takes a few weeks to write the permitting and to go through the formatting process. That approval will come out about mid -April. Final construction drawings, which they will start on as soon as they confirm the Village is happy with the layout, will start in the next couple of weeks. That will include all of the grading, landscaping, and the geometry of the path itself. Those plans will also be done in mid -April, so the bid package can go out and a Contractor can be selected. Actual construction should begin approximately in the end of May. Mr. Treppeda questioned if there were any irrigation matters. Ms. Brush stated the irrigation is allowed. Part of the issue is how far seaward the meandering irrigation structures can go. Mr. Treppeda questioned about a possible problem with the edging of the paths. Ms. Brush stated some of the further seaward portions of the path are at the edge of the erosion control line, which is the edge of the Village's property jurisdiction and easement. Seaward of that, the State is very strict on permitting any structures. They are debating the definition of structure with them and whether the curbs for the path and irrigation are considered structures that can't go seaward of that line. A couple of the edges are skirting that line now and they may have to be shifted a couple of feet further landward. Mayor Hirschl requested that the path be placed in an area to minimize the amount of erosion. Ms. Brush stated the meandering path is not random, some areas are on higher elevations and have more vegetation and more sand protecting the path for that issue. They evaluated the regular erosion rate and storm events and have placed the path landward of that. Renewal of Mutual Aid Agreement with Indian Creek Village Public Safety Department: Mr. Treppeda explained the Village has mutual aid agreements with surrounding agencies for assistance. Mr. Treppeda requested approval to renew the Indian Creek Village agreement. A motion was offered by Assistant Mavor Tantlefand seconded by Councilman Boggess to approve the Mutual Aid Agreement with Indian Creek Village Public Safety Department. The motion carried with the vote as follows: Mavor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Chief of Police Request to Expend Forfeiture Funds: Regular Council Meeting 02/15/2000 8 0,14 Police Motorcycles: Mr. Treppeda explained the police motorcycles were being leased for $150 per month and the cost has increased to $250 per month. Chief Freeman analyzed the situation and feels that it would be better for the Village to purchase the Harley Davidson motorcycles and trade them in each year because there would be no loss of money that way. Harley Davidson has told the Chief that with the mileage the Village puts on the bikes, they would be worth exactly what the Village buys them for when they're traded in. Chief Freeman would like to utilize forfeiture funds in the amount of $28,000.00 to purchase two Harley Davidson motorcycles. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $28,000.00 of federal forfeiture funds to purchase two Harley Davidson motorcycles. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Donation to HIDTA Task Force: Mr. Treppeda explained the Village has collected $112,000.00 so far by having one Bal Harbour Officer detached to the HIDTA Task Force. The Task Force is asking for help in upgrading some rental vehicles and Chief Freeman is requesting $2,880.00 in forfeiture funds to assist them. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $2,880.00 of federal forfeiture funds to assist the HIDTA Task Force in upgrading rental vehicles. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff ave; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval for Purchase of Trash Truck: Mr. Treppeda explained that the Public Works Department needs a new trash truck because the current one is 11 years old. The bid from the City of West Palm Beach is being used for a 27 cubic yard truck and the price is $83,284.08. With the options the Village needs, the amount comes to $89,612.49. There are adequate funds to cover this. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $89.612.49 for the purchase ofa new trash truck . The motion carried with the vote as follows: Manor Hirschl ave; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Approval of Surveying Services for Security District Drainage Work: Mr. Treppeda explained the Security District and Civic Association are talking about milling and resurfacing all of the roads in the Security District. At the same time, the Village needs to work on drainage matters (curb and gutter). Craig A. Smith & Associates (CAS) has been working on designing this project. Approval is needed for $4,500.00 for surveying for the curb and gutter work the Village wants to do. Councilman Boggess questioned if the Civic Association has approved the expenditure for the new streets. Mr. Treppeda responded they are waiting to get a final cost from CAS, but they sound like they do want to go forward and will assess each homeowner. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $4,500.00 for surveying to repair curb and gutter that are problem areas in the Security District. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff aye; Councilman Boggess aye - Councilman Gorson ave: Councilman Roth ave. Approval of Repainting Traffic Mastarm Poles: Mr. Treppeda explained it has been 5 years since the mastarms were painted and they are starting to show wear and tear. A proposal for $5,450.00 has been received from the same company that painted them last time. This would be in resort tax funds. Mayor Hirsch) questioned if there's a warranty with this. Mr. Treppeda stated there's a warranty and thinks that the Village will have to do this every 5 years. A motion was offered by Assistant Mayor Tantleff Regular Council Meeting 02/15/2000 9 and seconded by Councilman Roth to approve $5,450.00 for Ed French Painting to repaint the 215 mastarms. 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 Fees for New Accounting Software Package: Mr. Treppeda explained this is for the Finance Department because there have been a lot of problems with the Pentamation Software, which the Village has had for 11 years. It's not Windows based, it's not up to date, and the Finance Director doesn't feel the money should be spent to bring it up to date. Mrs. Horton explained there have been a lot of problems, especially with the utility billing. Mr. Treppeda explained the Village has used IMS for the past 14 years for occupational licensing, alarms, and security district assessments. Mrs. Horton stated a representative from Rachlin, Cohen & Holtz and Dan Herring, the Village's CPA Consultant, both attended a demonstration of the IMS software. They both agreed that the new software is the way to go. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $26,664.00 to purchase software for the Finance Department from Information Management Services, Inc. (IMS). The motion carried with the vote as follows: Manor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye: Councilman Gorson ave: Councilman Roth aye. Recommendations of Resort Tax Committee: 1. Brazilian Representative: Mr. Treppeda explained the Committee recommended approval of $31,500.00 to fund LeRep, which would represent the Village in Brazil. Assistant Mayor Tantleff questioned if the Village has used this company before and what kind of reputation they have. Councilman Boggess stated the Village has not used them; however, they have an excellent reputation. He stated the Village has not had special representation in Brazil and, since they speak Portuguese there, not everyone can represent the Village there. The Committee has met the principals of the firm and their credentials are outstanding. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $31,500.00 of resort tax funds for LeRep to represent the Village in Brazil. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff ave: Councilman Boggess ave; Councilman Gorson aye; Councilman Roth ave. 2. Cocktail Party for Fashion Week of the Americas: Mr. Treppeda explained the Committee recommended $4,500.00 to host 150 Latin American attendees at the Sheraton Bal Harbour Beach House Restaurant. Councilman Boggess stated this was previously done at the Radisson Mart and they are now bringing it to the beach. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $4,500.00 of resort tax funds to host a cocktail party at the Sheraton Beach House Restaurant. The motion carried with the vote as follows: Mayor Hirschl aye: Assistant Mayor Tantleff ave: Councilman Boggess ave: Councilman Gorson ave: Councilman Roth ave. II. Other Business: Bed Tax: Mr. Treppeda reported that Ron Book sent a letter indicating that this is a going to be a difficult battle. Mr. Treppeda questioned if the Council would like to discuss this issue any further. Councilman Roth stated people would be disappointed if the Village doesn't pursue it, because they voted for the tax by referendum. Mayor Hirsch) stated the question on the ballot was non -binding and was only to gain approval if the Village should move forward. It's not a binding vote that the Council is required to pursue. Regular Council Meeting 02/15/2000 10 216 Mayor Hirschl stated the Village wanted to pursue this, and politically it seems to be a difficult battle. Mayor Hirsch) explained that he and Mr. Treppeda have met with Mr. Book several times and it's no secret that the hotels have hired a lobbyist in Tallahassee. Stuart Blumberg, who heads the Hotel Convention Bureau Division of the GMCVB, has made a statement that they are putting every individual, hotel, and effort into this particular tax because it's potentially a real damaging tax that will have ripple effects to the other municipalities and the County. This will put the Village in a direct adversarial position with the Village's hoteliers. Mr. Book made it very clear that this is a tremendous uphill battle in this current Legislature. Councilman Boggess thinks the Village might win the battle, but lose the war. Councilman Boggess stated the Village has a good relationship with the hotels in the Village and the hotels are strongly opposed to this. The biggest taxpayer is the Sheraton, and resort tax money is being spent in opposition to what they want. Councilman Roth stated the residents voted for the Village to go forward with this. Assistant Mayor Tantleff stated the vote of the people said to go for it and the Council has an obligation for Ron Book to put forth his best efforts. Mayor Hirsch) stated the Village has a per bed tax that is 2 pennies less than anyone else in the County and that makes the properties more attractive for conventions. It was suggested that the Village should advertise that in full page ads in the New York Times. Mayor Hirsch) stated the thought behind raising the resort tax was because the Village was concerned with the Diplomat Hotel and Loews Hotel taking business from Bal Harbour. So, unless the Village keeps the resort tax high and promotes the Village properly, a point will be reached when the resort tax does not cover the costs. Mayor Hirsch) questioned if the Resort Tax Committee is still in favor of pursuing this. Councilman Boggess hasn't seen any sentiment not to pursue it. It was the consensus of the Council to pursue the increase in the bed tax and to have a report from Village Lobbyist Ron Book next month either in writing or in person. Date Palm Lights Upgrade: Mr. Treppeda explained they are running into some problems with the lighting upgrades because the glare filters that are currently in the lights may not work with the higher intensity bulbs. They are trying to resolve that. Newsracks: Mr. Treppeda reported an ordinance should be ready by the next meeting for the newsracks to be painted black. 96th Street Traffic Problem: Mr. Treppeda explained the Village Engineer has all the studies that were done and is analyzing them. Mr. Treppeda hopes to have something at the next meeting. Surf-Bal-Bav Library: Mr. Treppeda reported that Bay Harbor is definitely pulling out of the library effective October 1, 2000. Surfside would like to continue on with the Village, but Bal Harbour and Surfside would have to pick up Bay Harbor's share. Councilman Roth stated it would be $95,000.00 per year and he doesn't think the Village should continue. Councilman Roth thinks an allowance should be given to residents to join the County library system. Mayor Hirschl requested that Mr. Treppeda give the Council an analysis of Miami-Dade's cost, what other cities pay ad valorem wise in their millage towards it, what the library cards cost, and what other cities are doing. D.O.T. Proiect: Mr. Treppeda informed the Council that D.O.T. needs to dig on the road leading into the Security District and will need to close the street for 2-3 weeks in the end of November/beginning of December. George Teichner, resident - Majestic Condominium (9601 Collins Avenue), addressed Regular Council Meeting 02/15/2000 11 the Council and distributed a letter to the Council. He requested to be placed on the agenda for the revocation of the certificates of occupancies on 14 structures that were constructed on the beach perimeter, known as the East perimeter of the property. He reviewed that page 2, of the document from the Engineer for the Department of Environment, states "The Developer was given permission to include 14 beach huts" on the East perimeter, on October 8, 1996. Mr. Teichner explained cabanas were previously requested by the Developer in 1994, and denied. In July 1997, Mr. Gutman certified that the building had 22 stories, 165 units (not 168), north cabanas, south cabanas, center cabanas, and west cabanas. So, in July 1997, there were no East cabanas. Yet in September 1998, there are certificates of occupancies for East cabanas. Mr. Teichner questioned how the beach huts, which are common area minor structures, became, and were certified as, cabanas. Mr. Teichner stated the Council has the power to revoke those certificates of occupancies because they were ill-conceived. Mr. Teichner stated he can't seem to get this issue on the agenda. Mayor Hirsch) stated the Council directed Mr. Teichner to meet with the Village Manager and Village Attorney. The Council received a letter from the Village Attomey regarding the meeting with Mr. Teichner, which addressed each issue, and the Council is satisfied with the opinion given by the Attomey. Mayor Hirsch) read from the letter "Mr. Teichner seeks to have the Village revoke the certificates of occupancies issued by the Village for the beach huts at the Majestic. He claims the beach huts are major structures, which are not authorized to be constructed in coastal lands. However, the DEP, the State agency charged with the responsibility for administering coastal construction activities, has determined that beach huts are lawful structures, which comply with DEP permits. Accordingly, the Village does not have the legal authority to revoke the certificates of occupancies which have been issued for these structures. Further, as we advised in our letter of December 30, 1999, under Section 21-33 of the Code, Mr. Teichner does not possess the legal standing or authority to require us to do this." Mayor Hirschl stated the letter also says Mr. Teichner received a letter on March 17th from DEP, rejecting his attack of the beach huts and also states clearly that they are acceptable based on DEP's standards. Mr. Teichner agreed and stated he's not arguing that. Mayor Hirsch) questioned why the Village would revoke the certificates of occupancies of those structures. Mr. Teichner stated that everyone agrees they are beach huts; however, they should be revoked because they are beach huts and there are no permits for beach huts, there are permits for cabanas, which are major structures. That is the point that everyone is missing. Mr. Teichner questioned how certificates of occupancies were issued for beach huts. There are certificates of occupancies for cabanas, not beach huts. Mr. Teichner stated his issue is that there are no permits for cabanas. Mr. Teichner questioned how a certificate of occupancy for a cabana was issued for a beach hut. Mr. Teichner requested the Council to revoke the certificates of occupancies on cabanas, where beach huts exist. Mr. Treppeda stated the only difference is the method of construction. It has to be a breakaway type of structure, otherwise it looks the same. Mayor Hirsch) questioned if the Majestic Association has dealt with this issue. Mr. Teichner stated the Association is suing the Developer. Carolyn Cohen, resident — Majestic Condominium (9601 Collins Avenue - #1609), addressed the Council and stated the Association has a lawsuit against the Developer and the issue is being addressed. She stated the area where the cabanas are were supposed to be common area and she doesn't understand how they went from minor structure beach huts to major structure cabanas, and were deeded as same. Ms. Cohen isn't saying they should be taken down, but wants to be clear how the transition occurred. The Association Regular Council Meeting 02/15/2000 12 217 218 is suing the Developer, not to take them down, but because he was fraudulent. Beach huts are common area and these are not common area, they were deeded to individuals. Mr. Weiss stated this is a private matter between the people and the Developer and the Village should stay out of it. The DEP says that they're properly permitted and the Village is not going to go back and second guess the DEP, because they are the ones that have jurisdiction. Mr. Weiss stated the Village's Building Official has stated that the number of units are proper, with the tandem parking spaces, etc. Mr. Weiss stated he's not saying that they don't have an issue at all with respect to the Developer, but in terms of the Village, it's a private matter. Ms. Cohen doesn't understand if it was permitted as one thing, how it was deeded as something else. Mr. Weiss stated the issue of deeding is a private matter between the Association and the Developer. The Developer deeded it to private people, not the Village. The Village had nothing to do with it. The Village doesn't deal with ownership and property. Mr. Teichner stated they're arguing how certificates of occupancies got on the property to permit the Developer to sell to private individuals, when they were not permitted as cabanas, which are major structures. They're here to find out how Bal Harbour issued certificates of occupancies for something that's called a cabana that doesn't have a permit for a cabana. The certificate of occupancy should have been issued for a beach hut because that's what the permit is for. Dan Nieda, Village Building Official, addressed the Council and stated the DEP has certified the beach huts as acceptable, complying with the Code, and have inspected them several times. The issue is one of definition. The Village Code doesn't have beach huts in it. The beach huts at the Majestic are identical in zoning function as any other cabana on the beach. The only difference is that beach huts are designed to break away in case of a storm surge. The Village did issue certificates for cabanas, technically it's inconsistent with the term the State uses, which is beach hut. But, for all practical purposes, it's exactly the same function zoning wise. So, zoning wise they are consistent with the Code. Building wise they're consistent with the requirements of DEP and have been certified as such. The Village doesn't get involved with the issue of being deeded. The Village certifies that they comply with the construction standards of the State, South Florida Building Code, etc. Councilman Boggess stated the quarrel seems to be between someone who bought a beach hut and the Developer. Ms. Cohen clarified that the Village doesn't have the terminology of beach huts, and that's why certificates were issued as cabanas. Mr. Nieda agreed and stated the word cabana comes from the Spanish word cabana, which means hut or cabin. So, it's a matter of linguistics. Ms. Cohen questioned if all common areas get certificates. Mr. Nieda responded not specifically, they get certified as part of the principle structure. Mr. Teichner stated the DEP has classified common areas as minor structures. The common areas as minor structures in the DEP permit are consistent of a tennis court, pool deck, patio deck, handicap ramp, and beach huts. The major structures are the building, cabanas, parking, and the pool. The Developer got permission to build minor structures, which are common area. He then got, in some fashion, Bal Harbour to put certificates of occupancies on these minor structures, because they look like cabanas, but are not technically cabanas, as cabanas. These minor structures are common area that never could have been sold, had they not been given certificates of occupancies. The certificates of occupancies are erroneously placed on minor structures. The Developer could never have sold minor structures as major structures unless there were certificates of occupancies. It has nothing to do with deeding, it has to do with common area versus private area - major structures. If the Village doesn't do something about it, it has violated the Constitution of the United States and Mr. Teichner thinks the Council should take it Regular Council Meeting 02/15/2000 13 seriously. Mr. Teichner believes Mr. Nieda acted upon Mr. Gutman's certification, who was 19 hired by the Developer. This issue will not go away and Bal Harbour should do the right thing. Mr. Tiechner stated he owns a cabana and has a certificate of occupancy as a cabana. Mr. Teichner stated he doesn't know what else to do, but he'll do something else because there's nothing he can do here. Assistant Mayor Tantleff stated the Village Attomey has told the Council that Mr. Teichner doesn't have standing to bring up the issue and the Council shouldn't do anything. Mr. Weiss stated Mr. Teichner's comments are not fair to the Council because the Council instructed the Attomeys to meet with Mr. Teichner. Village Attomey David Wolpin met with Mr. Teichner and analyzed the information. After the meeting, Mr. Teichner gave the Council additional information and then said the Council isn't doing anything. That's not being fair to the Council. Mr. Teichner stated this information was given to Mr. Wolpin and these are not new documents. Mr. Weiss stated Mr. Teichner previously stated they were new documents. Mr. Teichner stated they're new to the Council because he knew Mr. Wolpin wouldn't give them to the Council. Mr. Weiss questioned if he thinks Mr. Wolpin is hiding the documents from him (Mr. Weiss). Mr. Teichner responded yes. Mr. Teichner stated the lawyer has said, and he agrees, that they are beach huts. Councilman Roth questioned if the 14 people who own the beach huts want their money back. Mr. Teichner responded no. Councilman Roth questioned if they would be unhappy if the Village revoked the 14 beach huts. Ms. Cohen stated absolutely. Councilman Roth stated he has never seen a lawsuit in Bal Harbour against a new condominium that was built because normally the Owners and the Builder work it out because it's to the advantage of both parties involved. Lawsuits should not be that frivilous and it should try to be settled. Mr. Teichner agreed with Mr. Weiss that Mr. Wolpin concluded they were beach huts. It was never an argument. Mr. Teichner stated that he only came to ask the Council to revoke certificates of occupancies put on beach huts as cabanas because Mr. Wolpin has refused to address that issue. Mr. Teichner requested a copy of the report where Mr. Wolpin stated they are beach huts, they are certified as cabanas, and that the Council should take no action. The Developer tried to build cabanas, but the DEP wouldn't let him. So, the Developer got Mr. Gutman to scheme it out to build beach huts, sneak it in 1996 and call them cabanas. They should have remained as common areas. Mr. Teichner requested to be placed on the Council agenda and requested the Council to revoke the certificates of occupancies that were erroneously placed. Mr. Nieda stated Mr. Teichner has been requesting records for 1 I, years. Everything has been reviewed with the Village Attorneys, files have been submitted, and everything humanly possible has been done to respond. Mr. Nieda stated that Mr. Teichner uses words very freely such as corrupt, illegal, immoral and, for the record, Mr. Teichner has defamed Mr. Nieda publicly. Mr. Nieda advised that he has a personal attomey that is handling this matter regarding the defamation. Mr. Nieda stated Mr. Teichner accuses him (Mr. Nieda), the Village Council, and the DEP of a vast conspiracy to build beach huts. Mayor Hirschl stated the Council is satisfied with the correspondence from the Village Attorney most recently in regards to the meeting that the Council asked Mr. Teichner and Mr. Treppeda to appear at. Unless the Council feels differently. Mayor Hirschl thinks the matter should be dropped at this point. Mr. Weiss stated if any information comes to the Village Attorneys' attention that the Council should know about, then he will let them know. Manor Hirschl stated Regular Council Meeting 02/15/2000 14 220 until then, this point is well talked out. 12. AdIOutn: 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 (5-0), and the meeting adjourned at 3:50 p.m. Attest: Cr) fir anette Horton, Afillage Clerk lelw ,ayor Andrew R. Hirsch! / Regular Council Meeting 02/15/2000 15