HomeMy Public PortalAbout2000-11-21 Regular Meeting80
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 21. 2000
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November
21, 2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called
to order at 3:10 p.m. by Mayor Hirsch!. Those present were:
Also present:
Mayor Andrew Hirschl
Councilman James Boggess
Councilman Peg E. Gorson
Councilman Seymour Roth
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
David Wolpin, Village Attorney
Absent: Assistant Mayor Daniel Tantleff
As a quorum was determined to be present, the meeting commenced.
g. Approval of Minutes:
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the
minutes of the October 17, 2000, Regular Council Meeting. The motion carried unanimously (4-
0), with Assistant Mayor Tantleff absent, and the minutes were approved as submitted.
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the
minutes of the October 26, 2000, Council Workshop Meeting. The motion carried unanimously
(4-0), with Assistant Mayor Tantleff absent, and the minutes were approved as submit6 1.
3. Presentation - Officer of the Month (Detective Jose
Andrade): Chief Freeman announced that Detective Jose Andrade was se6cted as
the Department's Officer of the Month for October 2000, for skillfully dismantling an
organized identity theft and credit card fraud ring. Chief Freeman presented Detective
Andrade with an Officer of the Month plaque. Mayor Hirschl presented Detective Andrade
with a check on behalf of the Village.
4• Public Hearings: None
S. Ordinances Second Reading/Public Hearing
Continuation: An ordinance was read, by title, by the Village Clerk, amending
Chapter 10 of the Bal Harbour Village Code.
Mayor Hirschl opened the public hearing. There being no comments, Mayor Hirschl closed
the public hearing. A motion was offered by Councilman Roth and seconded by Councilman
Gorson to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl
aye; Assistant Mayor Tantleff absent; Councilman Boggess aye; Councilman Gorson aye;
Councilman Roth aye. Thus becoming:
ORDINANCE NO. 457
Regular Council Meeting 11/21/2000
81
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 10 "MARINE STRUCTURES,
ACTIVITIES AND WAYS," BY AMENDING ARTICLE II "USE OF PUBLIC
BEACHES," BY AMENDING SECTION 10-26 "DEFINITIONS" AT THE
DEFINITION FOR THE TERM "EXCLUSION ZONE" AND AMENDING SECTION
10-32 "PROHIBITIONS; MOTOR BOAT RESTRICTED ZONES" AT PARAGRAPH
(b) THEREOF, SO AS TO PROVIDE A LEGAL DESCRIPTION FOR THE
EXCLUSION ZONE (SWIMMER SAFETY ZONE ALONG THE ATLANTIC
BEACH AREA) AND FOR THE MOTOR VESSEL ACCESS CORRIDOR FROM
THE BEACH TO THE ATLANTIC OCEAN THROUGH THE SWIMMER SAFETY
ZONE; AND AMENDING PARAGRAPH (d) OF SECTION 10-32 TO UPDATE
STATUTORY REFERENCES TO CONFORM TO CHAPTER 362 LAWS OF
FLORIDA (2000); PROVIDING FOR SEVERABILYTY; PROVIDING FOR
INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
An ordinance was read, by title, by the Village Clerk, amending Article II of Chapter 5.5
revising the standards for placement of mailboxes in Residential Districts.
Mayor Hirschl opened the public hearing. There being no comments, Mayor Hirschl closed
the public hearing. A motion was offered by Councilman Roth and seconded by Councilman
Boggess to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl
aye; Assistant Mayor Tantleff absent; Councilman Boggess aye; Councilman Gorson aye;
Councilman Roth aye. Thus becoming:
ORDINANCE NO. 458
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMEND►NG THE
VILLAGE CODE BY AMENDING CHAPTER 5.5, "APPEARANCE CODE,"
ARTICLE II, "APPEARANCE PLAN," SECTION 5.5-5(4)d., "CRITERIA FOR
APPEARANCE - MISCELLANEOUS STRUCTURES AND STREET HARDWARE"
TO REVISE THE STANDARDS FOR PLACEMENT OF MAILBOXES IN
RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE
DATE.
6. Ordinances First Reading: An ordinance was read, by title, by the
Village Clerk, amending Chapter 2 of the Village Code by replacing Article VI.
Mayor Hirschl opened the public hearing. There being no comments, Mayor Hirsch) closed
the public hearing. A motion was offered by Councilman Roth and seconded by Councilman
Boggess to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl
aye; Assistant Mayor Tantleff absent; Councilman Boggess aye; Councilman Corson aye;
Councilman Roth ave. Thus becoming:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 2, "ADMINISTRATION," TO
REPEAL ARTICLE VI AND REPLACE IT WITH A NEW ARTICLE VI " QUASI-
JUDICIAL PROCEDURES," PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE
DATE.
7. Resolutions: None
Regular Council Meeting 11/21/2000
2
82
8. Cookworks of Santa Fe, Inc. - Louis Terminello: Louis
J. Terminello, Terminello & Terminello, P.A., addressed the Council and explained that
he represents Cookworks of Santa Fe, Inc.
Mr. Wolpin stated that since this item is a modification of a condition that was made for a
sale of wine as an alcoholic beverage, the Council should utilize the quasi-judicial
procedures and at this time the Village Clerk will swear in anyone who will be offering
testimony in this matter. All those offering testimony on this matter were sworn in by Mrs.
Horton.
Mr. Terminello apologized, on behalf of Cookworks, for any misunderstanding that may
have occurred three years ago in obtaining the Village's approval to sell alcoholic
beverages, particularly wine, by the bottle at Cookworks. Mr. Terminello explained that
apparently the Village's position today is that there was a condition that was attached to
the approval of Cookworks' ability to sell wine by the bottle at their store. Mr. Terminello
thinks that arose from a conversation that he had with the Council that day indicating that
Cookworks was primarily intending to utilize the alcoholic beverages in both a cooking
setting (they give cooking lessons there) and to sell for gifts and gift packages. Mr.
Terminello doesn't believe there was any opposition or concern for Cookworks' application.
Mr. Terminello stated that apparently the interpretation of the record is that the condition
of the approval was limiting Cookworks' ability to sell wine by the bottle to gift baskets. Mr.
Terminello explained that they are here today to try to either modify, clarify, or do whatever
it takes to give the Council a better picture of what Cookworks is, what they do and what
they would like to be able to do with the sale of the bottles of wine there.
Mr. Terminello explained that Cookworks gives cooking lessons and seeks, as part of that
atmosphere, to sell bottles of wine to go only, not for consumption on premises, that people
would buy as gifts along with the high -end gourmet foods. They seek to display a few
bottles of each label that they carry and sell the product to go. They would sell it in gift
baskets, gift packages, and if someone is taking cooking lessons and wants to buy a bottle
of wine. Mr. Terminello stated the bottom line is that they want to clarify the Village's
approval that Cookworks is permitted to sell the bottles of wine by package.
Councilman Boggess questioned the terminology and stated that the Council did not have
the wrong impression and knew exactly what was said three years ago. At that time, the
Council was promised that this would be served with the cooking lessons and in gift
baskets. Councilman Boggess stated that the Council did not ask for that, but were told
that. So, when Councilman Boggess saw that bottles of wine were being sold, he
questioned what was going on. Councilman Boggess stated that the Village has the
records and knows what was said at that meeting. Councilman Boggess stated that if
Cookworks wants to ask for permission to sell bottles of wine that's one thing, but it
shouldn't be said that the Council made a mistake. Mr. Terminello clarified that he said if
there was any misunderstanding on anybody's part, then they apologize. Councilman
Boggess stated that the misunderstanding was on Cookworks' part.
Mr. Terminello stated that Cookworks sells a miniscule amount (less than .008 of 1%) of
wine to go. So, it's not a major component, but it's an important component because it's
an accommodation to the cooking classes and the patrons. Mayor Hirsch) questioned if
they foresee that the store will become a wine shop one day. Sonia Weissberg, Manager
of Cookworks Bel Harbour, addressed the Council and responded absolutely not.
Regular Council Meeting 11/21/2000
3
Councilman Boggess wanted a clarification on what Cookworks' intentions are and then
for the Council to decide based on that. Mr. Terminello stated that Cookworks would like
to be able to sell alcoholic beverages, by package only (meaning by the bottle). The
bottles of wine that would be on display on the back shelf (they carry about 40 labels) and
they would like to be able to display 4 or 5 of the bottles of each label and would like to be
able to sell them in any mode that someone would want them.
Mr. Wolpin clarified that if the Council determines to grant this request for modification of
the manner of selling the wine, then the Council can set whatever conditions that they find
are appropriate (such as limiting the number and the manner of display). The Council
might limit 1 or 2 bottles of the same label, while at the same time allowing package sale
by the bottle. The Council can restrict the manner of display if it desires to. Mr. Wolpin
explained that whatever decision the Council makes can be formalized by agreement. The
prior condition was recorded as a condition in the Village records, but certainly any
condition made now could be memorialized by a formal agreement filed so that there
wouldn't be any misunderstandings in the future. Mayor Hirsch) questioned if the Council
grants this modification and it sees a year from now that it has become a liquor store, if it
will have recourse and be able to go back and rescind that modification agreement. Mr.
Wolpin stated that if the Council were to grant that approval today, it should set appropriate
conditions. Mayor Hirsch) stated that he doesn't feel comfortable granting an unrestrictive
agreement because, theoretically, this could become a liquor store. Mr. Wolpin stated that
the Council can confirm on record that they would sign an agreement restricting the
manner of display of the wine bottles so that this would not have the potential for becoming
like a wine shop. Mr. Wolpin stated that as part of the formal written decision of the
Council, they will formalize this so that it will be a matter of record and there will not be any
dispute.
Councilman Boggess questioned if they serve wine with their cooking classes. Mr.
Terminello stated that they utilize the wine as part of the ingredients in cooking. They don't
serve it for people to drink it.
Mr. Wolpin requested clarification from the Council on addressing the number of bottles
to be displayed on the back wall. Mr. Terminello stated they have a small portion of one
of the back walls designated for the wine display and the depth of the container will hold
6 bottles deep. So, at any time they don't have any more than 1 case of any one of the
labels. Cookworks would like approval to allow them to go 6 deep, with the same label. Mr.
Terminello stated that if the Council is concerned about it becoming a liquor store, then
they could always cap the gross sales percentage of alcoholic beverages at any
reasonable number, which would prevent Cookworks from becoming a package wine shop.
He would rather the Council do that than restrict the number of bottles that are permitted
in the compartments. Mr. Terminello believes that they would have no objections to limiting
the display to the one wall in the back and the compartments that are there now for that
purpose.
Mr. Wolpin stated that it would be easier for the Village to monitor the number of bottles,
than to monitor percentages, unless it's being reported. Mr. Terminello stated that he will
make the records available for percentages at any time. Councilman Roth suggested
capping it at 2% maximum gross sales. Mr. Terminello stated that they will never reach
2% of gross sales. Mayor Hirsch) doesn't want to be involved in percentages with this
business and thinks the Council should allow the 6 bottle display depth. Mr. Wolpin
clarified that would be 40 different types, 6 bottles of each, which would be a total of 240
bottles.
83
Regular Council Meeting 11/21/2000 4
84
Mayor Hirsch) questioned if this is resort tax collectable by law. Mr. Wolpin read from the
Code that: the taxes upon the retail sale price of all items of food or beverages sold at
retail and of alcoholic beverages sold at retail for consumption on the premises. So, it
would not be applicable to Cookworks.
Mr. Terminello clarified that Cookworks can sell the wine to go in any method. The Council
agreed. Mayor Hirschl clarified that the intent of the granting of this modification is a
cooking giftware store that sells wine as opposed to a wine store that sells giftware.
A motion was offered by Councilman Gorson and seconded by Councilman Roth to approve the
modification of the granting of this permit that will allow for the display of 6 bottles maximum
of each label (40 labels), for a total of 240 bottles maximum, in the Cookworks store. The motion
carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff absent;
Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye.
9. Reports and Recommendations:
A. MAYOR AND COUNCIL:
Councilman Boggess: Councilman Boggess requested that Carolyn
Travis, Director of Tourism, make a presentation to the Council. Ms. Travis addressed the
Council and explained that, per Councilman's Boggess' request, they have compiled all of
the clippings that the Village has received through the American Airlines event that the
Village had last June, which equals about $150,000 in press. In addition, Ms. Travis has
a video that was played on Brazilian television for about 2 weeks.
B. VILLAGE ATTORNEY: None
C. VILLAGE MANAGER:
Approval of Disaster Recovery Agreement with Grubbs
Construction Company: Mr. Treppeda explained that he would like to enter into an
agreement with Grubbs Construction Company to assist the Village with disaster recovery.
In the event that the Village would have a bad storm and have a lot of damage, they would
come in and assist the Village's Public Works Department in recovery efforts.
Don Mation, Senior Specialist with the Emergency Services Division of Grubbs
Construction Company, addressed the Council. Mr. Mation explained that they are a
separate division from the construction company, although they are affiliated with them.
He stated that more specifically they would assist the Village with the 7 emergency work
categories that it could potentially become eligible for under the public assistance program.
The two most important are debris removal and emergency protective measures. Mr.
Mation stated that Grubbs has been in this business since 1992 and has never left a job
without a letter of recommendation. He explained that their specific services are to come
in and assist the Village with recovery efforts. In addition to the cleanup of the disaster,
they also assist on the technical support level. They would come in prior to the storm, be
here during the storm, and be here after the storm takes place. He advised that their roll
is to get the Village reimbursed from the Federal Government. Mr. Mation explained that
they have a qualitative and quantitative documentation system, which provides clear
Regular Council Meeting 11/21/2000
5
delineation over the entire project. They are also in close contact with the State, FEMA,
and the Governor's Office.
Mayor Hirsch) questioned who has been doing this before this company approached the
Village. Mr. Treppeda reported that the Village has been handling all the storms on its
own. However, if the Village ever needed someone after a storm, it would be hard to get
one. He explained that Lt. Jay Smith, the Village's Hurricane Coordinator, has attended
many meetings and has seen that there is a trend with cities to have an agreement with
a company so that it's ready in any event.
Councilman Boggess questioned if the Village would get preferential treatment in getting
the debris cleared up. Mr. Mation stated that none of their contracts take preferences over
the other. Mr. Mation explained the significance of the pre -position contract is that when
the Village has to call someone at the time of the event and doesn't have something in
writing it would risk price gauging, jeopardize reimbursement potential, and jeopardize not
having a reputable firm. Mr. Mation stated that in the pre -position contract all the prices
have been accepted and approved by FEMA. In addition, FEMA has reimbursed every
Grubbs' client in the past, which means that FEMA has set a precedence.
Mr. Mation clarified that there is no obligation for the Village to ever utilize the contract and
they don't require any kind of retainer fee whatsoever. The only cost associated with this
contract is a consideration fee. The State of Florida requires consideration to bind a
contract so, their fee is $100, but it can be reduced to as little as $10.
Mr. Mation explained their procedure and advised that they will be in contact with the
Village before a storm takes place or be at the Village physically 24-72 hours before the
storm happens. When the storm passes through, they will stay with Village personnel, if
the Village so desires. When the winds stop blowing, they will be in the Village to do
damage assessment. He explained that they have 2 corporate helicopters to do the
damage assessment and a leer that the company privately owns. Mr. Mation advised that
they used it recently for the City of Sweetwater, in which they had a contract to clean up.
After the damage assessment, the Village would make the determination what services
they would need Grubbs for. He explained that the Village will issue a Notice to Proceed
for only the work that it wants Grubbs to do. Mr. Mation explained the billing process and
advised that they will not charge the Village anything until work has been completed. He
advised that the use of the corporate aircraft for damage assessment, Grubbs being at the
Village prior to the storm making landfall, the placement of Grubbs' staff, and the staging
of Grubbs' equipment is at no additional cost to the Village and is part of the service that
Grubbs provides to their clients. He stated that once the contract is activated, then the
Village will be billed specifically for the work that Grubbs has completed. Grubbs will
invoice the Village once every 15 days. The Village will then have 5 days to review the
invoice and see that it's sufficient. He advised that the Village will have representatives in
the field to confirm that the work being billed is the work that's completed. Mr. Mation
stated that the cost is fully reimbursable to the Village under the Public Assistance
Program. But, it eliminates contractor monitoring contractor, which FEMA frowns upon.
Mr. Mation explained that his staff will be working one on one with the police department,
fire department, public works department, purchasing department and finance department
in close contact with FEMA and the State to make sure that the Village is getting its money
in a timely manner for the expenditures that it has spent. He stated that these departments
play major key roles in the reimbursement process. Mr. Treppeda explained that this
would be a supplement to Village employees. Mayor Hirschl questioned if the Village is
Regular Council Meeting 11/21/2000 6
85
86
required to competitively bid this contract. Mr. Wolpin stated that it's not required under
the Village's Code.
Robert Wheldon, Director of Public Works, thinks that signing this agreement would be
fine, so the Village will have them if necessary. Mr. Wheldon thinks that the big advantage
will be getting the Village its money back from the government because the Village will
probably get more money back than if the Public Works Department does the clean up. Mr.
Mation agreed and also stated that Grubbs will assist in opening major arteries to the
Village so that police and fire can do their jobs. After the first 72 hours, unless it's a
salaried overtime or a temporary hire, the Village will not get one penny back from the
government for Village personnel used. Mayor Hirschl questioned if Grubbs is aggressively
going after these contracts with municipalities. Mr. Mation stated yes. Mayor Hirsch)
questioned if the Village runs the risk of Grubbs spreading itself too thin. Mr. Mation stated
that they have capabilities to cover 3/4 of the State of Florida with no problem. Recently,
they worked 20 simultaneous jobs stretching from Key West to the tip of Virginia for
Hurricanes Floyd and Irene. Mr. Mation stated that Grubbs will not jeopardize its name in
this business.
Mr. Wolpin stated that he has reviewed the contract and finds it to be legally fine. Mayor
Hirsch) complemented Lt. Smith for bringing this to the Council's attention.
A motion was offered by Councilman Boness and seconded by Councilman Roth to approve the
contract with Grubbs Construction Company, Inc. The motion carried with the vote as follows:
Mayor Hirsch) aye; Assistant Mayor Tantleff absent: Councilman Boggess aye; Councilman
Gorson aye; Councilman Roth aye.
Beach Master Plan Update: Christy Brush, Coastal Systems
International, addressed the Council and reviewed the update on the Beach Master Plan.
Ms. Brush stated that the Village's pending permit for the jogging path was drawn into the
litigation that is taking place between the City of Miami Beach and an objecting party to
their beachwalk project, which has some similarities to the Village's jogging path. On the
basis of some discussions between Coastal Systems International, the City of Miami Beach
Attorneys, Village Attorneys, and DEP staff, the Office of the General Council for the State
has agreed to allow the Department of Environmental Protection to move forward in
processing the permit for the Village's jogging path. Ms. Brush explained that the litigation
for the City of Miami Beach Project does have some continuing bearing on the Village's
project. They are expecting that the ruling will come through in the next 60 days on that
project. She explained that if there's a negative ruling against the beachwalk project,
indicating that the path structure would not be considered a shore protection structure, then
it would not be permitable under Florida statute (Chapter 161). The statute only permits
structures east of the erosion control line, which are considered shore protection
structures. If there's a negative ruling on the beachwalk case, then it would jeopardize the
Village's path (not the dune work, vegetation, or landscaping). In that instance, there
would have to be a statute change or the Village would have to get a different ruling for its
plan. However, if there's a positive ruling on the beachwalk, then everything moves
forward, as will be permitted in the Village's final order.
Ms. Brush explained the permitting process. She reported that the final order describes
what the Village is permitted to do. That Final Order, that has been committed to by the
Office of the General Council and DEP staff, will include the path and all of the
improvements that are currently proposed. The second half of the permit is the Notice to
Regular Council Meeting 11/21/2000 7
Proceed, which allows the Village, after fulfilling the conditions of getting a building permit
and submitting final plans, to actually start construction. If there's a negative ruling, or no
ruling yet on the beachwalk project when the Village is ready to start construction, and the
Village decides to start construction on the path part of the project, (the only part of the
project that is under debate right now) then it would be at the Village's own risk.
Ms. Brush stated that, at this time, Coastal Systems is in a holding pattern waiting for the
ruling on the Miami Beach Project in terms of deciding how much of the project will be
constructed and at what time. Ms. Brush reported that Coastal Systems is moving forward
on getting the Village's full Final Order and full permit. She stated that the time frame for
that right now is to have the permit in January. If there has been a ruling and the
beachwalk is okay, then they will be able to move forward with every part of the Village's
project. If there has not been a ruling, or if there's a negative ruling, then the Village will
need to make a decision and Ms. Brush will present the Council with options.
Councilman Boggess questioned the beachwalk project and what the City of Miami Beach
is proposing. Ms. Brush explained that the City of Miami Beach is proposing a path that
connects Lewis Park to another path at 21 st Street, which is a paver path that's proposed
west of their dune. So, it's similar in nature to the Village's path in terms of location and
use. Ms. Brush stated that the Village's design is less substantial, which they have used
to try to separate the Village project from the City of Miami Beach's project; however, the
State's attorneys don't agree that the jogging path is not a structure.
Ms. Brush stated the worse case would be if the Village demolishes the existing path, does
the vegetation and dune work, and then the Village might be left with a sand path. Ms.
Brush stated that there's no limitation on the Judge to make a ruling. Ms. Brush reported
that the City of Miami Beach's Attorneys and the State's Attorneys feel very positively that
they will receive a favorable ruling.
Ms. Brush reviewed the timeline and stated that they're looking for the Final Order in
January. Right now they're waiting on comments from the Florida Fish and Wildlife
Conservation Commission, which has jurisdiction over impacts to marine turtles on the
beach. They anticipate that their comments will request restriction of activity west of the
purposed dune during the marine turtle nesting season, which will begin May 1st. So, it's
Coastal System's goal to start construction as early as possible and they are
recommending to start March 1st. They will begin with getting the grading on the dune
done and the vegetation on the west side of the dune, which would be the activities that
the Fish and Wildlife Commission will be concerned about. That way it could be done
before May 1st
Discussion of 96th Street Traffic Issues: Mr. Treppeda explained
that the Village has been working jointly with the Town of Bay Harbor in trying to come up
with a solution to some traffic congestion on 96th Street following Surfside installing a bus
terminal on 96th Street on Abbott and also shutting down Abbott Avenue during certain
hours of the day. Mr. Treppeda reported that the position that he obtained from Bay
Harbor is that they feel that they have done everything possible through DOT and Dade
County and there's no solution to the problem at this point. However, they are not
receiving any reports of traffic problems anymore. Mr. Treppeda reported that Bal Harbour
isn't either at this time.
Mayor Hirschl explained his conversation with Bay Harbor's Mayor, who reported that Bay
Harbor isn't doing anything about it because they don't have any complaints. Mayor
Regular Council Meeting 11/21/2000 8
87
88
Hirschl stated that road construction has been limited to nighttime, which has been very
helpful.
Councilman Boggess discussed the new Publix going in at the former Hyde Park Market
in Surfside. Mayor Hirsch) stated that he has had conversations with the Mayor of Surfside
regarding the traffic issue and the topic of Publix did come out and there is a traffic
consideration surrounding that Publix Market. Mayor Hirsch) reported that if that ends up
happening, Mayor Novack explained that Surfside would like to talk to the Council about
their plan. Mr. Treppeda believes that there may be a traffic process that Surfside would
have to go through for the Publix, which would require neighbor input. Mayor Hirsch) stated
that it was a concern to him that Bay Harbor hasn't done a thing about the traffic, nor
complained about it.
Stanley Whitman, Developer — Bal Harbour Shops, addressed the Council and
explained that a meeting was called by Peter Fernandez, #2 Administrator in Dade County
under Merrett Stierheim. Mr. Fernandez invited Jose Abreu (the District Engineer), John
Martinez (the Project Manager for 96th Street), Arnold Ramos (a traffic engineer who was
representing Mr. Whitman), and Eduardo Rodriguez (Surfside's Town Manager). At the
meeting, Mr. Rodriguez stated that Surfside has a plan that they think will straighten the
situation out. The Department of Transportation (DOT) asked Mr. Rodriguez to bring the
plan in for them to look at and then they will send it to the other interested parties. That's
where that stands right now.
Mr. Whitman reviewed the background on the traffic situation and the agreement from
1977/78. Mr. Whitman stated that he comes to Bal Harbour 5 days a week and the traffic
is a terrible problem. He stated that with the improvement that was put in in 1977/78, with
the approval of Surfside, it brought 96th Street up to condition "B" (A would be the highest
according to traffic engineers and FDOT). Mr. Whitman stated that Surfside had no
consideration when they changed that and now the traffic condition is an "E" (F would be
the lowest). He advised that traffic is only going to get worse in this area (development in
Sunny Isles, etc.). Mr. Whitman advised Mayor Hirsch) that he would like to talk with Bay
Harbor. Mr. Whitman stated that in the 1970's, Surfside was able to get their residential
area on Bay Drive as one way south. Abbott Avenue is not a residential street and the
political clout on two blocks got Surfside to move against the interest of their own citizens.
Mr. Whitman stated that Surfside's citizens suffer from the traffic problems just like Bal
Harbour residents do. Mr. Whitman solicited the Council not to get used to the traffic
problem.
Mr. Wolpin stated that he reviewed the materials that were sent to him and advised that
the State DOT takes the position that they were not parties to the old agreements and that
they are not bound by them. Mr. Wolpin stated that if the Village wants to resolve this, then
it probably needs to lobby at the State DOT level or by some type of legislative action.
Mayor Hirsch) explained that the original agreement was from the late 1970's, which was
signed by the 3 municipalities (Bal Harbour, Bay Harbor, and Surfside) and Dade County.
Mr. Wolpin stated that the State DOT claims that the road was subsequently transferred
from a County road to a State road, and therefore, the State's view is that they're not
bound by that agreement. He also advised that correspondence received from the State
on November 3, 1999, indicated that in December 1999 they were doing a further study
and they would provide information. Mr. Wolpin stated that perhaps FDOT should consider
that the road condition has gone from a 'B" level to an "E" level. Mr. Wolpin suggested that
perhaps, working in conjunction with Mr. Treppeda, the Village should follow up with
Regular Council Meeting 1 1/21/2000 9
Surfside and see what the time table is on them presenting their proposed plan before
seeing what the Village may want to do further. Mayor Hirsch) thinks it makes the
argument more difficult because Bay Harbor is not pursuing this. Mr. Wolpin agreed.
Mr. Whitman stated that the Village knows FDOT's position, but there were 6 parties to the
contract and Surfside was one of those parties. So, Surfside went in knowing what the
contract was and did what they wanted to do anyway. Mr. Whitman thinks that there should
be a case there. In addition, Dade County was a party to the contract and had to have
known what was going on. Mr. Whitman stated that he will speak to anyone who is in a
position to help the Village and recognize what has been done.
Mayor Hirsch) stated that he has no police reports on it and no participation from Bay
Harbor, so it's difficult when the record doesn't reflect any negativity. Councilman Roth
suggested the Council contact any friends they have in Bay Harbor to voice their concerns
to their Council. Councilman Boggess thinks that the Village should do everything possible
to resolve this because Bal Harbour is the focal point. He advised that there's more
development in Sunny Isles, probable development at the Beach Club site, etc. Mayor
Hirsch) wants to see what Surfside is presenting first.
Mayor Hirsch) requested that Mr. Treppeda monitor the 96th Street situation on a regular
basis. Mr. Whitman advised that it's his understanding that FDOT will contact Arnold
Ramos, who will advise the Village. Mayor Hirsch) requested that Mr. Whitman advise Mr.
Treppeda of any additional information that he receives.
Approval of Interlocal Agreement for Shared Stormwater
Sewer Systems: Mr. Treppeda stated that a few months ago the Council approved the
NPDES Agreement, which is for the stormwater and all Dade County municipalities sign.
He explained that this is a follow-up agreement that they're requiring that makes each
municipality responsible for any discharges into a neighboring storm system in a
neighboring city. Mr. Treppeda reported that Mr. Wolpin has reviewed the agreement and
approves of it. A motion was offered by Councilman Roth and seconded by Mayor Hirschl to
approve the Interlocal Agreement for Shared Stormwater Sewer Systems. The motion carried
with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff absent; Councilman
Boggess aye; Councilman Gorson aye; Councilman Roth aye.
Renewal of Mutual Aid Agreement with the City of Aventura:
Mr. Treppeda explained that the Village's Mutual Aid Agreement with the City of Aventura
expires January 1, 2001, and the Village would like to renew it. He advised that this is so
their police department can help Bal Harbour's and Bal Harbour's can help theirs. A motion
was offered by Councilman Roth and seconded by Councilman Boggess to approve the renewal
of the Mutual Aid Agreement with the City of Aventura. The motion carried with the vote as
follows: Mayor Hirschl aye; Assistant Mayor Tantleff absent; Councilman Boggess aye;
Councilman Gorson aye; Councilman Roth aye.
Expenditure of Federal Forfeiture Funds: Mr. Treppeda
explained that Chief Freeman has requested to use federal forfeiture funds for the following
items:
1) Rent Vehicles for use by the Village's Detective Bureau $548.30 monthly
2) Required Donation to "Little Acorns" $1,000.00
89
Regular Council Meeting 11/21/2000 10
90
A motion was offered by Councilman Roth and seconded by Councilman Corson to expend these
forfeiture funds. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant
Mayor Tantleff absent; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth
Resort Tax Committee Recommendations: Councilman Boggess
explained that the Resort Tax Committee has made the following recommendations:
1) Luxury Travel Expo 2000 $2,500.00
2) Leisure Travel Cruise-A-Thon $ 550.00
3) Cultural Kick -Off Luncheon $1,500.00
A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve
$4,550.00 for the recommendations made by the Resort Tax Committee at their November
meeting. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor
Tantleff absent; Councilman Boggess aye; Councilman Corson aye; Councilman Roth aye.
10. Other Business: None
11. Ad ()urn: There being no further business to come before the Council,
a motion was offered by Councilman Roth and seconded by Councilman Boggess to adjourn. The
motion carried unanimously (4-0), with Assistant Mayor Tantleff absent, and the meeting
adjourned at 4:30 p.m.
Mayor Andrew R. tiirschl
Attest:
Jeanette Horto
Village Clerk
/elh
Rcgular Council Meeting 11/21/2000 11