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HomeMy Public PortalAbout2001-03-20 Regular Meeting116 COUNCIL MINUTES REGULAR MEETING - MARCH 20. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, March 20, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Mayor Hirschl. Those present were: Also present: Mayor Andrew Hirschl Assistant Mayor Daniel Tantleff Councilman James E. Boggess] Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bal Harbour resident Aaron Hirschl. 3. APPROVAL OFMINUTESSAmotion was offered byAssistant Mayor Tantleff and seconded by Councilman Roth to approve the minutes of the February 20, 2001, Regular Council MeetinP. The motion carried unanimously (5-0),and the minutes were approved as submitted. 4. PRESENTATIONS: OFFICER OF THE MONTHS None OFFICER OF THE YEAR - OFFICER MICHAEL DADDARIO: Lieutenant Jay Smith announced that Officer Michael Daddario was selected as the Officer of the Year 2000 for his superior performance as the bicycle patrol unit, his coordination of the Department's off -duty employment, and his professional commitment as the Bargaining llnit Representative with the Miami -Dade County Police Benevolent Association. Lt. Smith presented Officer Daddario with the Officer of the Year plaque. On behalf of the Village, Mayor Hirschl presented Officer Daddario with a $500 savings bond certificate. Officer Daddario was also given a certificate from the Sheraton for a 2 night/3 day stay and certificate for dinner from the Bal Harbour Shops. S. PUBLIC HEARINGS: The Village Clerk read the following request for a Public Hearing: THE PILCHERS GROUP REQUESTED THIS PUBLIC HEARING TO DISCUSS THE POTENTIAL REDEVELOPMENT OF THE PROPERTY LOCATED AT LOTS 4 & 5, BLOCK 2, BAL HARBOUR RESIDENTIAL SECTION, MORE COMMONLY KNOWN AS 32 CAMDEN DRIVE. 1 Councilman Boggess arrived after the Pledge of Allegiance. Regular Council Meeting 03/20/2001 Mayor Hirschl opened the public hearing. He explained that this a preliminary discussion. Mr. Weiss explained that zoning type matters are quasi-judicial, which means that there is a special process of not speaking with people unless it is disclosed, etc. Mr. Weiss stated that this is the first of many requests that the Council will have dealing with potential re- development in the area. He explained that people coming to the Council will want to get a feel for whether its something that the Council would be interested in or not, without going through the process of filing a zoning application. Mr. Weiss explained that Nancy Stroud, Village Attorney, has developed this procedure where the Council can have an open discussion with individuals, prior to them filing a zoning application. Mr. Weiss explained that this has been advertised as a zoning application would be, it is a public hearing, and members of the public are welcome to address the Council, in addition to the applicant. Jeffrey Bercow, Esquire — Bercow & Radell, addressed the Council on behalf of the Pilchers Group and Larry Barbara. Mr. Bercow explained that they are here today to discuss the potential redevelopment of lot 4 (Carroll Manor Apartments — 32 Camden Drive) and lot 5 (vacant), in Block 2, of the Bal Harbour residential section. He explained that, in the booklet with preliminary informational material, the first exhibit should be labeled "proposed" zoning district map, because it shows a change in the zoning boundary between lots 4 and 5 that doesn't exist today, but that they would anticipate being changed in the future. He stated that the actual zoning would show a line between lots 4 and 5 (lot 4 is RM and lot 5 is R-2). Mr. Bercow stated that lot 4 is 20,000 square feet with 10 co-op apartments, is zoned RM-2, and the land use designation in the Comprehensive Plan is RM, which is a medium density residential designation. Mr. Bercow discussed the planning study from October 2000 that Village Engineer Michael Miller presented. He explained that this building has a 1950s architecture, a box -like appearance, flat roofs, wall or window air conditioning units, windows that aren't weather resistant, a high percentage of impervious or paved area on the ground, no covered parking, limited recreational facilities, limited landscaping, pavement being used to separate the buildings, and poorly landscaped parking areas. Mr. Bercow stated that lot 5 is vacant and is approximately 12,000 square feet, is zoned R-2, and the land use designation is RL, which is the low density residential designation under the Comprehensive Plan. He stated that these two properties present two competing concerns, or needs, that Pilchers Group believes it can resolve with a creative land use approach that it has used in another community. Mr. Bercow reviewed that there are a number of outdated multi -family housing structures in the Village that are inconsistent with Bal Harbour's upscale image as a quality residential area. Also, there is a very strong demand and need in this area for upscale infill quality residential product. Mr. Bercow stated that his client has pioneered a solution to these types of problems in another upscale community, which Larry Barbara will discuss. Larry Barbara, Representative of Pilchers Group and resident — 30 Park Drive #11, addressed the Council on behalf of the Pilchers Group and himself. He explained that the Pilchers Group is a residential and commercial real estate investment and development company based in Dallas, Texas, that has affiliates. Mr. Barbara discussed the background and history of Pilchers Group. He proceeded to review a project that Pilchers Group did in La Joya Shores, California (Sea Crest Village), which they feel has many similar characteristics to Bal Harbour. James Mackenzie, Architect — Russell Mackenzie & Associates, P.A., addressed the Council and reviewed the proposed "Camden Park" project. He explained that the two lots would be combined to create 5 sub -divisions into 5 lots. They would use a curb cut on Camden Drive, leading to a turn around, to create a gated entry into a round about cul-de- sac, which would give access to the two rear properties. Two lots would be fronting Camden Regular Council Meeting 03/20/2001 2 117 118 Drive and one would be fronting Park Drive. The lot on Park Drive would be the only one having direct access. So, they are only proposing to create one additional curb cut, off of Park Drive. The second one would be coming into the cul-de-sac, which is an existing curb cut. Mr. Mackenzie stated that the lots would range from 3,700 to 5,800 square feet. He explained that the proposal estimates that they would be developed as two story homes in the range of 2,000 to 3,000 square feet each (clarified as ground level area). Each would have a garage, and four would share a common area, as some exterior architectural feature. Mr. Mackenzie reviewed the "mood shots" in the proposal to give the perception of what the mood could be. He explained that lots 1,2,4, & 5 would share a common drive and lot 3 would have access from Park Drive. Mr. Bercow clarified that the size of the buildings will be double the figures that Mr. Mackenzie gave (they will be approximately 4,500 to 5,000 square feet, excluding the garage). Mr. Bercow stated that the plans are conceptual and are not set in stone. He explained the point is that they will be reducing density on these two lots, from 10 units that exist today on lot 4, plus an additional one on lot 5, for a total of 11. So, they will be reducing to probably either 5 or 6. Mr. Bercow stated that they would like to get the Council's expressed authorization for Village staff to work with them on filing for a small parcel amendment to the Comprehensive Plan to change the density on lot 5 from RL to RM. Mr. Bercow anticipates that during the course of that process, they would apply for a covenant that would restrict development on lot 5, to provide the appropriate kind of protection to the Village and the public. They would then propose to create a new planned unit development zoning district, which is consistent with the Village's Comprehensive Plan, that would allow them to build the villas that they're contemplating, and also give the Village and public the protection that they will stick to their word. In other words, what they are representing to the Village is actually what the Village will see developed on the ground. Mr. Bercow stated that they realize that they will have to work closely with the public and the Security District Civic Association. He stated that what they are proposing to do is consistent with the Comprehensive Plan and the land use element objectives that encourage the use of innovative land planning techniques. Councilman Boggess questioned what form of ownership they are proposing (condos, association, etc.). Mr. Bercow believes that they will be fee simple. Mr. Barbara advised that they have been fee simple for the past properties. Mr. Bercow stated there would be a re- zoning and a re -subdivision, Mayor Hirsch) stated that several months ago, Councilman Boggess brought to the attention of the Council the concern that there are a large number of older multiple family dwelling buildings in the Village that, in time, further neglect could occur and they could become run down. He explained that Councilman Boggess brought to the Council the need to workshop this issue to talk about the multiple family buildings. Mayor Hirschl believes that the Council is interested and this is an issue of great magnitude and importance. He applauded the Pilchers Group for bringing this to the Council in a leadership way, so far as re -development. Mayor Hirsch) stated that the Village has several parcels that fit into this category and he thinks it behooves the Council to comprehensively look at the entire issue, not only the Camden Park project, but other buildings that are on Park Drive, Bal Bay Drive, Camden Drive, and Collins Avenue, as it modifies the Comprehensive Plan (if that's the wish of the Council). He thinks that would be the time to look at this in a thorough way, not only for the benefit of what would be Camden Park, but whatever else would be developed along side of that, if that's the chosen path of the Council. Mayor Hirschl stated that he's not looking to stop this process, but he thinks the Council needs to not only embrace it, but to expand it, and look at the entire district and issue of multiple family dwellings and how to resolve it comprehensively. Mayor Hirschl questioned Mr. Bercow if that was what he was thinking. Mr. Regular Council Meeting 03/20/2001 3 Bercow agreed and thinks that the process and the concept that they are bringing to the Council today, if it works, can be in fact the precedent for how to go about the redevelopment of all, or many, of the multi -family housing structures in the Village, if that is the Village's wish. Mayor Hirschl stated that many residents live in the multi -family dwellings and live in close proximity to the proposed Camden Park. He advised that there is a 300 foot radius compliance issue and Mr. Bercow has seen the names of the individuals that would have to be a part of this. Mr. Bercow advised that those people have been noticed for today's meeting. Mayor Hirsch) thinks that everyone should work together, through what would first probably be a workshop approach, so public input could be gained, and then through the formal process of zoning changes, if that is the wish of the Council and the public. Mayor Hirsch) would like to see the Council direct staff and the Village Attorney to sit down with the Pilchers Group and Mr. Bercow. Mayor Hirsch) suggested finding some time to sit down, look at this comprehensively, workshop it with the public, and have everyone on an even keel so that they can come up with a proper answer. The Council agreed. Joni Blachar, resident — 63 Camden Court, addressed the Council and expressed her concern that the proposed housing is too condensed for the neighborhood. She feels that the lots in the community are very spacious and the plans shown look like the Weston or Kendall area homes. Mrs. Blachar thinks that this would set a bad precedent because then it could happen throughout the entire neighborhood, so she has a problem with it. She thinks that the Mayor has a good idea about the workshop, but she thinks that the public needs to be there. Mrs. Blachar thinks that the Pilchers Group needs to be aware that the residents don't want this to be another Weston. It was the consensus of the Council to workshop this with staff and representatives of the Pilchers Group. There being no additional comments, Mayor Hirsch) closed the public hearing. 6. ORDINANCES FIRST READING: None 7. ORDINANCES SECOND READING/PUBLIC HEARING: An Ordinance was read, by title, by the Village Clerk, amending Article II of Chapter 13, by increasing the monthly retirement benefit for General Employees and eliminating General Employee contributions to the plan. Mayor Hirsch) opened the public hearing. There being no comments, Mayor Hirschl closed the public hearing. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Corson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. 462 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING ARTICLE II "EMPLOYEE'S PENSION PLAN" OF CHAPTER 13 "PENSION AND RETIREMENT BENEFITS" BY AMENDING SECTION 13-28 "RETIREMENT DATE AND RETIREMENT BENEFITS" TO INCREASE THE MONTHLY RETIREMENT BENEFIT FOR GENERAL EMPLOYEES AND BY AMENDING SECTION 13-32 "CONTRIBUTIONS" TO Regular Council Meeting 03/20/200I 4 119 120 ELIMINATE EMPLOYEE CONTRIBUTIONS TO THE PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATES. The following Ordinance was read, by title, by the Village Clerk, amending Chapter 17 of the Village Code by creating Article IV "Communications Rights -of -Way:" ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 17, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", OF THE VILLAGE CODE, BY CREATING ARTICLE IV, "COMMUNICATIONS RIGHTS -OF -WAY"; ESTABLISHING REGULATIONS FOR THE USE OF PUBLIC RIGHTS -OF -WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS; PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES; PROVIDING CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS FACILITIES IN RIGHTS -OF -WAY; PROVIDING FOR INSURANCE AND INDEMNIFICATION; PROVIDING PENALITIES FOR VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Hirsch) opened the public hearing. There being no comments, Mayor Hirsch) closed the public hearing. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve this ordinance. Gary Resnick, Village Attorney, addressed the Council and explained that he has had several meetings with attorneys representing members of the telecommunications industry who have requested a few changes to the ordinance. Mr. Resnick stated that the changes are not substantive and are minor. He explained that the industry came forward, after the first reading, and suggested these changes and stated that some other cities are making the requested amendments and some are not. Mr. Resnick distributed and reviewed an amended ordinance. He reviewed page 4, section 10, and explained that "park" was taken out of public rights -of -way, because "park" should not be in the definition of public rights -of - way. On page 5, subsection 3f, the Village is asking for approval of authority to do business in Florida. He explained that the telecommunications companies can provide a number of things to satisfy that, so that language was added. On page 7, subsection 5, he explained that they changed the language a little regarding underground facilities and indicated that the Registrant shall endeavor to install all Communications Facilities underground, as opposed to the language that was there that said that all similarly situated utilities, if are placed underground, then the Communications Facilities have to be placed underground. Also the language was added in the next sentence that says to the extent not inconsistent with Public Service Commission regulations. He explained that basically the Village does not have the authority to require Communications Facilities to go underground, that's why they changed it to the "shall endeavor" language. He explained that the Federal Law (section 253 of the Telecommunications Act) prohibits the Village from ordering that they go underground. He stated that the Village never had that requirement in the ordinance, but he wanted to clarify that the Village "shall endeavor for them to go underground, but they cannot be required to do so. Mayor Hirsch) stated that a line was deleted stating that all facilities shall be placed underground to the extent that similarly situated utilities (electric, communications) are so required. He explained that the Village's electric is underground. Councilman Boggess stated that the telephone and cable lines are also. Mayor Hirsch) stated that this is a similar Regular Council Meeting 03/20/2(101 5 facility and questioned why the Village shouldn't require them to do so, if everyone else is required. Mr. Resnick stated that if the other utilities are underground, then they would have to follow the same lines and would have to go underground. He stated that the existing language can be used. Mr. Resnick clarified that they will leave in the language "All Facilities shall be placed underground to the extent that similarly situated utilities (electric, communications) are so required." He explained that the language will then be added stating "To the extent not inconsistent with Public Service Commission (PSC) regulations". He explained that the PSC may, when they issue their certificates for telecommunications companies, specify things such as the technology that they have to use when they dig underground. Also, sometimes in their operational orders, they will approve a certain method of doing underground installations. Mayor Hirschl stated that the Council has the distinct feeling that the telecommunications industry and the Public Service Commission are working hand in hand and leaving the municipalities out. Mr. Resnick stated that is something that they talked about a great deal. Mayor Hirsch) stated that it's starting to stink. Mr. Resnick agreed. Assistant Mayor Tantleff stated that this ordinance is coming to the Village not looking at the Village's interest, but is coming already written to protect the telecommunications industry. Mr. Resnick stated that he put as much in there as he could to protect the interest of the Village. He explained that there's a tremendous amount of authority that the Village has regarding permitting and that's not changing at all. Mayor Hirsch) stated that Mr. Resnick said at the beginning that he showed this to people in the telecommunications industry (private enterprise) and private enterprise informed Mr. Resnick on changes they would like to see. Mayor Hirsch) stated that's not how it is dealt with in the Village. He stated that Mr. Resnick has come to the Council several times and each time he is implying that he has a buddy in the telecommunications business and this is going to be tailored to suit his/her needs. Mr. Resnick stated that's not what he is trying to do and they wanted a lot more changes than this. Mr. Resnick stated that the telecommunications companies could have come here themselves to make these requests. Mayor Hirsch) stated that would have looked better. Mr. Resnick stated if they had more time, then it may have come up before first reading as revised, with some of the minor changes that they asked for that are consistent with law. Mayor Hirschl stated that in the past, new ordinances were passed for the cable company, and they never looked at the document before the Village Attorney gave it to the Council to pass. The Council passed it and then they had to deal with it. Mr. Weiss clarified that when an ordinance was passed on first reading, then the telecommunications providers requested copies of the ordinance. He stated that what's happening is that the same issues come up over and over again in every city. Mr. Weiss understands what the Council is saying and advised that next time his firm will follow the requested procedure. He explained that if there are certain changes that his firm feels are non -substantive and are just technical kind of changes at the request of their company, then they make them. He stated it's not unusual that they make that same kind of request in a cable or any other type of ordinance. Mr. Weiss stated that with respect to the under grounding, the Village's utilities are underground and should remain underground. He advised that the other changes are just technical. Mr. Weiss advised that from now on they will have the telecommunications company appear before the Council. Mr. Resnick stated that this is done just to save the time here because the companies made these requests subsequent to the last meeting. Mr. Resnick knows that the Council is anxious to have something in place because the Village is getting requests from telecommunications providers and there needs to be something in the books. Assistant Mayor Tantleff questioned if all of the changes were made by the telecommunications company. Mr. Resnick responded no and that he changed some of them to make it more stringent for the Village. 121 Regular Council Meeting 03/20/2001 6 122 Mr. Resnick continued to review the changes. He reviewed page 9, section 17, and advised that the Village will have them provide revised plans or as builts, as opposed to and as builts. On page 9, section 18, they changed the word shall to may, because the Village cannot actually require that they allow the Village to use their facilities for joint trenching (PSC regulations and some Federal Law). On page 10, Section 17-64, a provision was added allowing them to get notice and an opportunity to cure before suspending permits. He explained that's to the Village's benefit because they may be able to fix a problem before their permit is suspended. On page 11, Section 17-67 paragraph 1, they clarified Florida as the state. In paragraph 3, it is a situation where a company is going out of business so the Village wants to terminate their registration. He advised that a procedure was added that allows them to transfer their facilities to another company, pursuant to the ordinance, because most likely when a company goes out of business, they're going to be looking for somebody to buy their facilities. So, the Village doesn't want to require, in all circumstances, that they tear up the streets to remove their facilities. This allows them to transfer their facilities, as opposed to removing them from the ground. Mr. Resnick reviewed page 12, Section 17-68, paragraph 2, they took out that a pledge in trust, or a mortgage, is a transfer, because it's not. He stated that they should be allowed to get a mortgage or to get a pledge in trust without requiring Village consent. Mr. Resnick reviewed page 14 and explained that they revised the Indemnification Section to add that they are not required to indemnify the Village for damages caused solely by the Village's negligence, which is consistent with State law. He advised that is something that he omitted inadvertently from the first draft of this ordinance, so it was put in for the second draft. Also, they changed Section 17-71, paragraph 1, to make it discretionary with the Village as to whether it wants to require a construction bond. He advised there may be instances where a communications company is going to be doing a very small project in the Village, and the Village may not want to go through the administrative burden of always requiring a construction bond. So, this now puts it into the Village's discretion as to whether it requires a construction bond. In section 4, they added language that says unless the bond is released by the Village, the bond cannot be canceled or terminated until providing notice to the Village. Mr. Resnick reviewed page 15, Section 17-72, and explained that they changed it to make it (security fund) mandatory and require it as a condition of receiving their permit. He stated that this makes it stronger to protect the Village. They also slightly revised the language of the last sentence that indicates that the Village may, in its reasonable discretion, accept a corporate guarantee in lieu of a bond or a letter of credit. They also took out the language about insurance, because some of these companies may be self -insured. In Section 17-73, he explained that they increased the fines, which is consistent with what a number of cities around Florida are doing. So, the minimum now is $250 per day, which is consistent with State law, if they violate the ordinance. Mayor Hirsch) re -opened the public hearing to hear comments on the modifications to this ordinance. There being no comments, Mayor Hirschl closed the public hearing. Assistant Mayor Tantleff withdrew his motion to approve this ordinance. Councilman Roth withdrew his second to the motion to approve this ordinance. It was the consensus of the Council to defer this ordinance until the next Council meeting. 8. RESOLUTIONS: A Resolution was read, by title, by the Village Clerk, requesting the Florida Legislature to grant equal opportunity to Hialeah Park by issuing non - conflicting racing dates with any other racing facility in South Florida. Mayor Hirschl stated that John Brunetti, Bal Harbour resident — 84 Bal Bay Drive, has sent letters to each of the Council members regarding the issue of Hialeah Park Race Course. Regular Council Meeting 03/20/2001 7 A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this resolution. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: RESOLUTION NO. 615 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, REQUESTING THE FLORIDA LEGISLATURE TO GRANT EQUAL OPPORTUNITY TO HIALEAH PARK WITH THE ISSUANCE OF NON - CONFLICTING RACING DATES WITH ANY OTHER RACING FACILITY IN SOUTH FLORIDA. 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Hirsch) stated that this is his last meeting as Bal Harbour's Mayor and he publicly thanked the residents, Council, and staff for all of their help and guidance over the years. Mayor Hirschl hopes that the Council continues in the same concerning quality as it has had over the years. Mayor Hirschl stated that it is has been an honor for him and it is a privilege for all of the Council members to serve the public as notably and honorably as they do. Mayor Hirschl thinks that it's critical that Bal Harbour, Bay Harbor, and Surfside support and get along with each other because these cities need each other. There are issues of water flow, pipes, libraries, etc. He stressed to the Council the importance of not operating in a vacuum and realizing that Bal Harbour has to play ball with its neighbors. He stated there are always issues of code enforcement and there are things that the Village does to keep Bal Harbour as elegant and quality oriented as it can be. Mayor Hirschl applauded the Council for being as vigilant as it is in defending Bal Harbour's Code and the rights of all the citizens. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Update on Beach Master Plan — Coastal Systems: Mr. Treppeda explained that the Village has received a Conditional Approval from the Department of Environmental Protection (DEP), which does not allow the Village to proceed with the entire project at this time. Laura Shepherd, Coastal Systems International, addressed the Council and explained that they received an executed Final Order from the DEP, which is the permit. She advised that the Final Order approved the installation of the shell rock path, demolition of the existing path, removal of the exotic species and the placement of the new vegetation islands, softening up of the edging of the corridor, installation of the path lighting, and the irrigation system. Ms. Shepherd stated that the DEP did not approve, under the existing Final Order, the path edging, waste receptacles, and benches, due to their concerns relative to the Beachwalk Litigation (Miami Beach). Ms. Shepherd stated that she has, subsequently, requested a corrected Final Order from the DEP to obtain authorization for the omitted portions of the project. She explained that they have been talking with the DEP Attorneys and have confirmed verbally with Village Attorney Nancy Stroud, Weiss Serota, that legally the DEP could issue the corrected Final Order for the path edging and the beach furniture. She stated that, unfortunately, the DEP Agents have chosen to enforce an internal position, which is very conservative, of any activity that may subsequently be subject to the future ruling of the Regular Council Meeting 03/20/2001 8 123 124 pending litigation. She advised that currently, Coastal Systems is exploring the Village's legal options with Ms. Stroud. Ms. Shepherd explained that the DEP, technically, does not have any legal right not to issue the permit for the project as it was presented to them, as the DEP litigation has not gone through and an outcome has not been stated at this time. However, DEP is doing it anyway. So, they are trying to find a way to push the DEP to issue a corrected Final Order, including all the items that Coastal Systems submitted to them, as the project was proposed. Ms. Shepherd clarified that the Village can build everything, but can't put the edging along the path, the beach furniture, or the waste receptacles. So, they can start the project and phase it. She clarified that Phase 1 (remove the vegetation and install the new vegetation) would take approximately 6 months. Assistant Mayor Tantleff questioned how long the existing jogging path will be out of commission until the new one is laid without the edging. Ms. Shepherd stated the entire time that the vegetation is going through because they will demo the jogging path at the same time that they're removing all of the existing vegetation. Assistant Mayor Tantleff questioned if she would foresee a point, when the Village demolishes the jogging path, that somebody would stop the Village and say that the new jogging path can't be put in. Ms. Shepherd responded no, absolutely not. She explained that they have received authorization to put the jogging path in, they just don't have authorization for the concrete curbing. Ms. Shepherd stated that Coastal Systems needs approval from the Council for phasing. She explained that the first issue is that construction will go into turtle season, which starts May 1st Ms. Shepherd stated that she has met with DEP (Mark Taynton — Field Representative for the DEP) in order to get a field permit for a construction fence. She explained that a construction fence is going to be a wood fence, maybe 16 inches high from the beach and 12 inches into the ground. It basically serves the purpose, when marine turtle season starts, so that the big turtles nesting cannot dig underneath it, and the baby turtles cannot pass through it. So, the board would prevent the baby turtles from straying into the vegetation and also from the large turtles nesting in the construction site. She explained that would have to be installed prior to May 1st. Ms. Shepherd advised that she has met with Mr. Taynton to receive the Field Permit, and Mr. Taynton has to speak to Barry, and then he will be issuing the Field Permit. She explained that as soon as the Field Permit is issued, she suggests that the construction fence be erected. After that, they have to prepare the bid documents, which will take 2-4 weeks, including all of the language for the contract for the contractors, and to finalize the plans. Also, to receive the Notice to Proceed from DEP and the State Land Easement, which are the two items that are outstanding. Ms. Shepherd continued that it will take an additional 4-8 weeks to do the complete bid process, which goes from putting the bid packages together, sending out the bids, getting the bids in, and selecting the contractor. So, that puts the Village at about 8-12 weeks. After that, they will be able to start construction with Phase 1, which will take about 6 months. Councilman Boggess stated that now would be the time to do this because the tourist season will be here in December. Councilman Boggess questioned if the fence for the turtles can be constructed without any bids. Ms. Shepherd stated that if the Village wanted to, and has a maintenance crew, it could possibly have them install the fence. Mayor Hirsch) questioned if there's a certain code requirement for the fence. Ms. Shepherd stated it would just have to be the specifications that she has given to the DEP, which is basically Y thick board, 12" in the ground, and 16" above the ground, just to keep the turtles out. Mayor Hirsch) thinks that the Village has gone through the whole process the right way and thinks the Village should hire a person to put it in right. Councilman Boggess clarified that the fence has to be in by May 1st. Mr. Weiss stated that the Village can do a separate bid just for the fence. Ms. Shepherd stated they can do that. Mr. Wheldon stated that he can't see the maintenance department doing that because it's too Regular Council Meeting 03/20/2001 9 time consuming. Mr. Weiss questioned what the estimate for the fence is. Ms. Shepherd stated that one hasn't been prepared yet, but it may be around $5,000. Mr. Weiss suggested that the Council authorize the Village Manager to award a contract for the erection of this fence, based upon three bids that are received, not to exceed a certain number. Mayor Hirsch) stated that they trust the integrity of the Village Manager and wouldn't want to put an amount on that. It was the consensus of the Council to authorize the Village Manager, at his discretion, to award a bid of a reasonable manner for the construction of a fence and, if it's not reasonable, then it should be brought to the Council and it will be stopped from happening. Mayor Hirschl stated that he has had a number of residents approach him and stated that the Council may want to consider allowing a citizen or two, who live on the oceanfront, to form a citizens' group to monitor the entire Beach Project as it develops, because the Council will not be there every minute of every day. Mayor Hirsch) is concerned that if the Village doesn't watch the project itself, then it may develop problems down the road. Councilman Boggess stated that the Village has competent engineers and construction people and questioned how many oversights the Village will have. Mayor Hirschl stated that the Village has hired competent people for many projects and they don't always come to fruition as they should. Mayor Hirschl thinks that having citizens look at it will give the Council another viewpoint. It will be information that can be advantageous. Mayor Hirschl stated that Bal Harbour Resident Sheryl Goldberg has spoken to him several times about it and he thinks that her heart is in the right place about this sort of idea. He wants the Council to think about the possibility, whether it's Ms. Goldberg or anybody else, of involving themselves in some way to be the Council's eyes and ears as the project begins to happen, so the Council can make sure that it's happening efficiently. Councilman Roth stated that he goes in the ocean a lot and he can keep an eye on it. Councilman Boggess suggested that the Council members that live on the ocean be the Council's eyes and ears. Mayor Hirsch) stated that it can start that way, but feels that it's important to broaden it and allow citizen input also. Councilman Boggess stated that citizen input is always welcome. Mayor Hirsch) clarified that by input, he means their daily viewing. He explained that several citizens walk the beach and know the beach a lot and have given everyone insight as to nuances that the Council may not see on a daily basis (Miami -Dade County cleaning of the beach, etc.). Mayor Hirsch) stated that he just wants the Council vigilant and aware of this and also aware that there are volunteers out there to help the Council in that capacity. Mr. Treppeda questioned if there will be a period of time when the old path will be gone and there is no new path. Ms. Shepherd responded yes. Mr. Treppeda thinks that will cause a lot of problems. Ms. Shepherd stated that it's going to have to happen because they're going to have to lay out the vegetation without the path. Mayor Hirsch) stated that if the public sees progress and there's a project there, then that's part of the process. Ms. Shepherd stated that the emergency path will still be open, but the path has to be demolished prior to bringing in all the new vegetation. They're going to demolish it, bring in the new vegetation, and then lay out the proposed path. So, during that time period there's not going to be an existing jogging path, which will be about 6 months. Betsey Bystock, resident — 80 Park Drive, thinks that this will clear up problems with all of the animals and hopes that it will done in a humane way. Mayor Hirschl stated that the Village has always handled the cat issue in a very humane manner. Ms. Bystock stated that it will be nice to see that issue gone when all of the vegetation is removed. Councilman Gorson thinks that the Beach Plan is extremely important to everyone in Bal Harbour. She also thinks that it's remiss if the three Council members who live on the beach shirked the responsibility of watching it. Councilman Gorson stated that any citizen is Regular Council Meeting 03/20/2001 10 125 126 welcome to come to them, but thinks that the Council members should be in charge of watching it. Councilman Boggess agreed. Councilman Roth stated that he will watch it. Discussion of Nighttime Work by DOT on Bal Bay Drive Near Village Ha11: Mr. Treppeda explained that DOT is working in the area of the Public Works Facility and Village Hall parking area. He reported that this work is about to go out onto Bal Bay Drive, outside of the gate to the Residential Area, which will require that gate to be closed for a period of time. Mr. Treppeda explained that the Contractor for DOT is asking to be able to work through the night, as Bay Harbor's contractor is doing with the sewer main replacement on 96th Street. This would lessen the amount of time that gate will have to be closed and there would also be less impact on Village Hall traffic. Mayor Hirsch) questioned if that will lessen the amount of time from 3 weeks to 1 week. Mr. Treppeda stated that time may have changed now because of some other things that the Contractor has encountered. Gwyon Nelson, Gilbert Southern Corporation (DOT Contractor), addressed the Council and explained that they have found a lot of unknown things when digging underground, but their intention of working through the night is to try to minimize the impact on the whole area. One reason is to keep Bal Bay Drive open and the second reason is that it also impacts their work behind the public works facility at the pump station. He explained that Bal Bay Drive is the only access in and out for all of their construction material and equipment. Mr. Nelson stated that it could be 3-5 weeks, but he doesn't think it will go under 3 weeks. He explained that the deepest and most difficult pipe on this whole project is right outside Village Hall, on Bal Bay Drive. Mayor Hirsch) questioned if allowing the nighttime work will expedite this. Mr. Nelson doesn't think it will expedite it, but thinks it will lessen the impact to the public works department, the private gate, and consequently, to Gilbert Southern's operations also. Mayor Hirsch) doesn't think there would be any reason not to allow them to work through the night, unless the Council objects. Mr. Treppeda stated that he also checked with the Security District Civic Association, and they don't have a problem with them working through the night. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to accept the request for Gilbert Southern (DOT) to work through the night. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleffave; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Award of Bid for Valve Replacement Project in Security District: Mr. Treppeda explained that this is a project that they have been attempting to do for a number of years that has been bid out again. He stated that there are numerous water valves in that area that are more than 50 years old and need to be replaced. The following companies bid for the project: 1) Metro Equipment Services, Inc. $253,000.00 2) W. Jackson, Inc. $269,957.00 3) Megan South, Inc. $295,000.00 4) Homestead Concrete $404,660.21 Mr. Treppeda stated that the low bidder is Metro Equipment Services, Inc. for $253,000.00, which is the same company that Bay Harbor is using currently to replace the sewer main on 96th Street. He stated that there are good reports from Bay Harbor and recommended awarding the bid to Metro Equipment Services. Councilman Boggess questioned how many valves there are. Bill Landis, Village Engineer — CAS, reported that there are 45 valves on the project, and 1 of them is also a fire hydrant. So, it's around $6,000 per valve. Mayor Regular Council Meeting 03/20/2001 11 Hirschl questioned why Homestead Concrete is so high. Mr. Landis stated that it could be that Homestead Concrete is using a sub -contractor to do the pipe work for them and would then do the restoration work themselves. Mr. Treppeda reported that this is the second time that Bay Harbor is using Metro Equipment; they also did some previous sewer work for them. Mr. Landis stated that CAS does not have direct experience with them, but they have indirect experience and have heard good things about them. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to award the bid to Metro Equipment Services, Inc. in the amount of $253,000.00. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Mayor Hirschl explained that the Village reserved money for this in the water fund department, so there is adequate funding for this project. Discussion of Meeting Date for Public Parking Issue Raised by Nancy Silverman: Mr. Treppeda explained that Nancy Silverman is a resident, who apparently had a petition signed by over 400 residents to discuss, with the Council, the parking situation at the Church by the Sea and the Bal Harbour Shops. Mr. Treppeda advised that the Village wouldn't be able to accommodate that many people at Village Hall, so if the Council wants to proceed with that meeting, he would propose holding it at the Sea View, which would cost approximately $500. Mr. Treppeda questioned if the Council wants to proceed with this meeting. Mayor Hirschl stated that he received the petition from Mrs. Silverman and read through it. He explained that it appears to be a petition regarding the need of additional parking for Bal Harbour residents. Mayor Hirsch) stated that he then discovered that Mrs. Silverman is on the Board of the Church by the Sea. Because of that fact, since the Church and the Shops are in litigation, he is concerned about getting involved in this as a forum for the Church, which is what this would be. Mayor Hirsch) reported that he spoke to Village Attorney David Wolpin, who also shared a concern. Mayor Hirschl wants the Council to be aware of that, if they did not know of Mrs. Silverman's affiliation. Councilman Boggess stated that he has a number of friends that are members of the Church by the Sea and they regularly ask him what the Council is going to do about this. Councilman Boggess stated that he responds that the Council isn't going to do anything about it, because it's not the Council's business and is not within its purview. Councilman Boggess thinks that the Council should maintain the same stance on this. He thinks that if they want to come up with a means of acquiring additional property for public parking, then they should bring a proposal to the Council. Councilman Boggess stated that there's no more land in Bal Harbour, and questioned what they expect the Council to do. Councilman Boggess thinks it would be an exercise in futility to go through this. Mr. Weiss thinks that the position that the Village has taken on this matter is absolutely correct, which is that it neither sides with the Shops nor the Church, and have treated this as a totally separate matter from any sort of Village operation. Mr. Weiss stated that the Village really has nothing to do with it at all and thinks that's the correct posture for the Village. Mayor Hirschl stated that the Council is certainly responsive to the public and there are approximately 400 signatures of Bal Harbour residents. He questioned if that requires the Council to respond, because of the nature of the volume of people that signed this. Mr. Weiss stated that, legally, there's no requirement to respond to a petition at all. It's a policy Regular Council Meeting 03/20/2001 12 127 12$ decision as to whether the Council wants to respond. Mr. Weiss stated that the concern that he has, having seen some of these meetings in the past, is that other than acquiring property or doing something very drastic, the moment that the Council would venture into this area, he would tell the Council to venture out of it. In other words, there's nothing wrong with the Council having a meeting to hear this, but the problem is that it creates an expectation on the part of the public that the Council can do something. Councilman Boggess stated that it's not within the Council's means to fulfill those expectations. Mr. Weiss stated that's the concern; that the Council has 400 people there, hears what they have to say, the Council is or isn't sympathetic, and then the Council is in a very difficult position of saying that the Council can't do anything. He stated that's very uncomfortable to get in that position to begin with. Mayor Hirschl questioned the Council members if they are in concurrence that they don't want to have this meeting. Councilman Gorson agreed and stated that she is in favor of not having the meeting. Councilman Roth doesn't know if he's in favor of that. He stated that some of these people have brought up the issue that the piece of property, that the Village is building the playground on, could have been developed as a parking area, and would have more use by the residents of Bal Harbour than the proposed amount of children that would play on that piece of property. So, there is some comment in that regard. Councilman Roth thinks the Council should listen to what they have to say and let them give the Council direction on where the Village can get the parking, or how it can be solved. Assistant Mayor Tantleff thinks the Council should defer this, if anything, until the new Council is inducted. Mayor Hirschl stated that the Council can defer it until the new Council, which is fine with him, but it isn't going to change the fact that there are two entities in a lawsuit, and one of the two entities has spearheaded a petition for the Council to be the audience and the sounding board for their particular platform, which concerns him. Mr. Weiss thinks that Councilman Boggess makes a good point, which is that there are certain things that are within the Council's purview, and there are certain things that are not. He stated that getting involved in this private dispute is not within the Council's purview. He advised that solving a parking problem, if there is one within the Village, is within the Council's purview. Mr. Weiss suggests that if the residents have a specific suggestion on how the Council might solve the parking problem in the Village, then that might be something that the Council can discuss. Mr. Weiss suggested not to have a separate public meeting. If there's a proposal from the people, then let them meet with staff, write it up, and then put it on an agenda for the Council to discuss. Mr. Weiss explained that would be dealing with the portion of this that, potentially, the Council can deal with. Mayor Hirschl stated there does not seem to be a consensus to set up a meeting. It was the consensus of the Council not to set up a meeting at this time. Award of Bid for Purchase and Installation of Automated Water Meter System: Mr. Treppeda explained that a test program was started 6 months ago for an automated water meter system and the system has performed exactly as it was designed and has been excellent. He reported that the readings are accurate and the accounting department is very happy, as well as the public works department, with the system. He advised that the Village Engineers were asked to put a bid out for the installation and purchase of the meters, which would operate with this system. He reported that the total cost is $197,751.44 (to purchase and install automated water meters with boxes), which is well within the budgeted amount of funds in the water budget. Mr. Treppeda explained that there is one change in the recommendation. He advised that the following three companies submitted bids for installation: Regular Council Meeting 03/20/2001 13 129 1) KP-LM Capital Corp., Inc. $68,609.00 2) Thielsch Engineering, Inc. $70,219.00 3) ERJ Construction, Inc. $74,490.00 Mr. Treppeda advised that originally, the Village Engineers had recommended the low bidder, which is KP-LM Capital Corp., Inc. However, after discussing it with the provider of the meters, they highly recommend the second lowest bidder for this job, because they're actually a spin-off of the meter company and have installed thousands of these meters in various places. So, they would not have to learn how to do this. Councilman Boggess suggested that they reduce their bid $2,000. Mr. Treppeda stated that they would probably do that if the Village asked them. Mr. Treppeda stated that he and the engineers just feel, with all the different types of problems that the Village has had in the past with certain contractors, that the difference in price would be worth it. Mr. Treppeda thinks that it would be well worth it to go with the company that knows how to do this project. He advised that the meters will be going into the back yards of all the Security District residences and the west side apartment buildings. Councilman Boggess questioned if the Village will see a corresponding savings to offset the difference in price. Mr. Treppeda stated that the Village will see savings in the accuracy of the readings. He explained that a lot of the meters are really old right now and the older the meters get, the slower they read. So, this will accomplish changing all of the meters to new meters at the same time. He reported that it also saves employee time, as far as reading the meters, because they will not have to send two public works employees and pull them off of their other duties to go behind all the houses. Now, they will be able to either walk, or just drive by, with a hand held unit that will pick the reading up. Mrs. Horton stated that the meters that are installed now are 10-20+ years old; therefore, the Village's revenue is not accurate because the meters, as they get older, go slower. So, with the new meters in, the Village's revenue will increase and, in time, what the Village has to output now, it will be getting back. Mayor Hirsch) stated that the Village also has inaccurate meter readings with the current system. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this. The motion carried with the vote as follows: Mayor Hirsch) aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Approval of Deposit for Fourth of July Fireworks Show: Mr. Treppeda explained that if the Village puts a 50% deposit down, then it will get additional fireworks materials. He stated that this is budgeted for in the resort tax budget. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve payment of $16,300.00 to Zambelli International,_ with the immediate payment of a 50% deposit ($8, 150.00) for the 4`h of July Fireworks Display. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Follow-up on Bal Harbour Shops Occupational License Issue: Mrs. Horton explained that she looked into the occupational licenses for storage and offices and reported that quite a few of the retailers have come in and paid their license. Mrs. Horton stated that some of them have put in the inventory that they have in the storage area and have said that it is new inventory. Others have said that they used it for an office and for storage. Mrs. Horton reported that she spoke to the following other cities: Aventura, North Miami, Sunny Isles Beach, Miami Shores Village, Miami Springs, and North Miami Beach. Regular Council Meeting 03/20/2001 14 130 She explained that they also charge for occupational licenses for storage. Mrs. Horton stated that the majority of the retailers have come in and are not disputing it when they come in and they do pay. She stated that quite a few of them have burglar alarms in the storage area because they have inventory. Mrs. Horton explained that this came to the Council last month because Mr. Whitman, not the owners of the stores, was objecting to the fee. She stated that the consensus of the other cities was that if it was a separate location, and they pay a separate rent, then they do charge the occupational license because the license that is issued is only for the one location, not a second one that they pay rent on. Mrs. Horton stated that this is the basis that she feels the Village should have the second occupational license fee. Stanley Whitman, Developer — Bal Harbour Shops, addressed the Council and stated that this matter has had different legal opinions. Mr. Whitman read from the February Council meeting minutes that "Mr. Weiss stated that if the Council feels that the literal interpretation of the Ordinance causes an unfair result, then the Council can direct the office to clarify the ordinance, which can be done in two readings. Mr. Weiss stated that concerning the storage space, it doesn't make a difference if there are two license fees or one, as long as all of the inventory is included. Mr. Weiss stated there is currently no occupational license required for storage." Mr. Whitman stated that from the minutes of the February Council meeting, the Council recognized the unfairness of one business entity in one building being required to pay two occupational licenses. Mayor Hirsch) questioned if they are paying rent in that second location. Mr. Whitman responded yes. Mayor Hirschl questioned if that's fair. Mr. Whitman questioned what difference it makes. Mayor Hirsch) stated that if the store was larger and it (the storage) was in the store, then they would be paying rent for the larger store. Mr. Whitman feels that has nothing to do with it. Mr. Whitman stated that they are required, under oath, to state their average annual inventory. He advised that they not only swear that to the Village, but they also have to report it to other government agencies. Mr. Whitman stated that the Council is a legislative body and he doesn't care what the other communities may do. He doesn't think that it's right. Mr. Whitman asked the Council to make a motion to amend, as Mr. Weiss suggested, this ordinance so that this storage is not included. Mr. Whitman agreed that offices should be included, because it's a separate business. Councilman Boggess questioned the fee amount. Mrs. Horton responded that it's either $65.00 and, if there's inventory, then it's $55.00. Mr. Whitman stated that there are approximately 65 storage areas. Councilman Roth stated that would be approximately $4,000. Mr. Whitman stated that's very little money. Councilman Roth thinks that those using the space as an office should pay, but the rest is just petty stuff and the Council is wasting too much time. He stated that as long as they include it in their inventory, and they pay on the inventory, then the Council should go on. Mayor Hirschl thinks this leads to surreptitious activity and thinks the Council is condoning shopkeepers to move merchandise to a secluded area that the Village has no control over. Mayor Hirsch) thinks that it's very curious that Mr. Whitman is here on behalf of a $65 occupational license fee. He stated that 20+ stores have already paid it, they are charged rent for that space, and he doesn't understand Mr. Whitman's angle on this particular issue when, in fact, the ordinance, as it currently reads, allows the Village to charge these people. Mayor Hirsch) questioned why the Village wouldn't do that. Mr. Whitman stated that this is a very small item and he is here because it just doesn't make sense and is not right. Mayor Hirsch) stated that stores at Aventura Mall that have a separate storage bin are charged a second occupational license because they are paying rent and they are storing merchandise in a separate location on that mall property. He questioned why, then, doesn't Bal Harbour do that. Mr. Whitman stated that the storage at the Bal Harbour Shops is basically boxes and fixtures, and is not merchandise. He stated that if there's any there, then there's very little of it. Mr. Whitman stated there's no way that the Village can go in and audit it and the merchant is to tell the Village, at the wholesale Regular Council Meeting 03/20/2001 15 value, what the average inventory is and they do it. Mr. Whitman agreed that this is small issue and the Council should do what it will. Mayor Hirschl stated that the Council is spending a lot of time on this issue and he's curious why it seems to be concerning Mr. Whitman. Councilman Boggess stated that Mr. Whitman charges for the retail space and if there were additional space there, then they would be doing their storage there, and would be paying it downstairs (they would be paying more for the downstairs location because it would have storage space). Mr. Whitman agreed. Mr. Whitman stated that this is just to help the merchants. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to clarify the ordinance so that additional space that is used solely as storage space is not charged an additional occupational license. The motion carried with the vote as follows: Mayor Hirschl nay; Assistant Mayor Tantleff aye: Councilman Boggess aye: Councilman Gorson aye; Councilman Roth aye. Mr. Weiss requested a clarification on the occupational licenses and stated that Mr. Whitman only read part of his (Mr. Weiss') comment. He stated that the way the Village's occupational license is set up is that if you have less than $1,000 worth of goods in a particular location, then you pay $55. If you have more than $1,000 worth of goods, then you pay $3.25 per $1,000. Therefore, if you assume that there is more than $1,000 worth of goods in these storage areas, then they should be paying based upon those goods. The problem is that all of the shopkeepers are filing affidavits with the Village saying that they have read the Code and swear that there's less than $1,000 worth of goods. The issue that remains, that the Council gave the Attorneys direction on last time and Mrs. Horton took the first step getting the information from the other cities, is how deeply the Council wants the Village Attorneys to get into this. Mr. Weiss advised that the Village Clerk has the authority, under the Code, to audit this information. Mr. Weiss stated that the question is if the Council wants the Attorneys to go ahead and pursue that. Mayor Hirschl thinks that the Council has made a mistake in quickly closing its eyes to a great potential for businesses to secretly move merchandise around and do all sorts of things. Mr. Whitman stated that he employs retail CPAs who have told him that there's no way to make an audit. Mayor Hirschl stated that not one business came to the Council to complain about paying the Village. So, he doesn't understand how the Council just wiped it out and thinks it will come back and a future Council will have to re -open this matter. Councilman Boggess stated that only three people voted. Councilman Gorson stated that she didn't vote. Mr. Weiss stated that she was counted as a yes. Mayor Hirsch) clarified that the vote was 4 ayes and 1 nay. Mr. Whitman requested permission to address the Council regarding the traffic issues that this community is confronted with. He clarified that the Village has the drainage problem, 96th Street and Collins Avenue, and on Collins Avenue there's going to be a well. So, there's going to be all types of traffic congestion that's brought about by this. Mr. Whitman continued that the Haulover Bridge will also be under re -construction and there is still the continuing problem of Abbot Avenue. There's also the problem that Councilman Boggess brought up a couple of years ago, of the safety of pedestrians crossing from the Majestic Condominium to the SunTrust bank corner. He reported that when VHB was employed by the Council, they pointed out that, for a very small amount, they can come up with a comprehensive signalization plan that will move traffic much better than it is now. He stated that every traffic person that has come to the Village has said to get the traffic signals in sync, which is easily accomplished. Mr. Whitman stated there is also the matter of street lighting and that DOT is going to come in with a fixture. He stated that the City of Miami Beach, with a grant from FDOT, has received $300,000 for the reconstruction from 20th Street to Lincoln Road (4 131 Regular Council Meeting 03/20/2001 16 132 blocks) for public relations, in order to keep people happy. Mr. Whitman stated that he's asking the Council to direct the Village Manager to hire the current traffic consultant, Arnold Ramos. He explained that Mr. Ramos was the district engineer, who successfully got Collins Avenue as a one way north and Harding Avenue one way south. He stated that 27 years before he came in, the Village tried to get that done, so he knows this area, knows FDOT, and he can expedite this. Mr. Whitman asked for a motion to have the Village Manager, on all of these projects, have Arnold Ramos be employed to see that they get through. Mayor Hirsch) stated that over the years the Council has hired some traffic experts and teeter with getting involved tangentially because of the Village's surrounding issues with its neighbors. He thinks that it's imperative to hire an advocate again to look at the Village's interest, which will spill over to Surfside, Bay Harbor, and other municipalities. If they can go along with the Village that's great. If not, the Village needs to hire this individual to do this. Councilman Boggess suggested having the Manager speak with Mr. Ramos and get a proposal. Mr. Whitman suggested employing Mr. Ramos, on an hourly basis, until something can be arrived at because the construction is starting April 1st. Councilman Boggess stated that the Council has to go through the Village Manager, let him make a proposal, and then the Council has to approve it. They just can't say to go hire somebody. Mayor Hirschl stated that the Village has used other parking experts before, and the process that is gone through is that the Manager brings the Council the contracts, and the Council then approves them. Mayor Hirsch) thinks that is what should be done. Mr. Whitman questioned if Arnold Ramos is under contract with the Village now. Mr. Treppeda responded no, but the Village has used him, on an hourly basis, in the past. Councilman Boggess suggested that Mr. Treppeda call Mr. Ramos, see what his hourly rate would be, get some idea of what is involved, and then it can be done by conference call. Councilman Boggess stated the Council should move on this, but in the right way. It was the consensus of the Council for Mr. Treppeda to speak to Mr. Ramos, engage him in some way so there's a bridge until the next Council meeting, at which time a contract will be presented to the Council to look at. Councilman Boggess clarified that Mr. Treppeda can spend up to $2,500 on his own. Approval of Fees for Additional Buoys: Mr. Treppeda stated that he needs additional funds for buoys because the original plan contemplated Atlantic Beach Club placing a channel out each day and bringing it back in at night. In order to launch their watercraft, the Village does need a channel for that purpose, as well as for the purpose of the Village jet ski to go in and out. Mr. Treppeda stated that an additional $3,788.00 is needed, which is available in the resort tax budget, for the purpose of adding four buoys. Councilman Boggess questioned how often the Village launches one of its crafts from the beach. Councilman Boggess wants to know why the Sheraton or the Village doesn't pay for this and doesn't see why it should come out of resort tax funds. Lieutenant Jay Smith addressed the Council and advised that the jet ski uses that area every weekend. Mr. Treppeda advised that without the channel, the jet ski or any boat would be illegal anytime it tried to come to shore. Councilman Boggess stated that this is being done for Atlantic Beach Club. Mr. Treppeda stated that it is being done for them, but the Village has a need for it as well for its patrol, or any other marine patrol. Councilman Boggess stated that they are running somewhat short on resort tax funds and thinks this is a needless expense. Mr. Treppeda stated that if the Village doesn't have a channel, then it will have a problem with its own jet ski. Mayor Hirsch) questioned if all of the buoys have been paid through resort tax already. Mr. Treppeda responded yes. Mayor Hirsch) doesn't see why the rest shouldn't be paid through resort tax also. Mr. Treppeda stated that these are budgeted, because they were under budget with the original buoys that were purchased. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve Regular Council Meeting 03/20/2001 17 $3,788.00 in resort tax funds for the four additional buoys. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleffaye; Councilman Boggess nay; Councilman Gorson aye; Councilman Roth ave. Lt. Smith reported that he's in contact with David Foster, who is the person in charge of the project. He explained that every time there is a calm day, they are coming out and working. They were just out installing electric meters where they are going to position the buoys. Lt. Smith reported that they have said that the buoys will be shipped March 26th, and will hopefully be installed March 27th. 10. OTHER BUSINESS: Henry Heiman, resident — 10185 Collins Avenue (The Plaza Condominium), addressed the Council and stated that there's a dangerous situation at the sidewalk from the Sheraton to the Bal Harbour Club. He explained that recently a woman in a wheelchair was hit and the driver left. Mr. Heiman reported that 8 cars out of 10 are not stopping at the stop signs at the sidewalks on Collins Avenue. He stated that they are looking south (to make a turn to go north) and are not looking north. Mayor Hirschl stated the concern is that each high rise on the ocean has a stop sign at the end of their driveway for the sidewalk. The cars are plowing over people walking on the sidewalk and that is a major concern. Mayor Hirsch) thinks that the Council needs to direct the police department to be a little bit more vigilant about it. Councilman Roth stated that sometimes walkers have to go in the street gutter to go around a car that is blocking the sidewalk. Mr. Heiman stated that he has been hit when passing by the Sheraton and made a police report. Mr. Heiman thinks this needs to be enforced. He stated that there are also a lot of bicycles on the sidewalk. Mayor Hirschl questioned Lt. Smith if the zone on Collins Avenue has any police officers walking the sidewalk in addition to a vehicle. Lt. Smith stated that they do park and walk, which means that they park the car and then walk. Councilman Boggess stated that taxis are one of the biggest offenders. Councilman Roth stated that a friend of his was complaining that from the Palace, the people that want to go south pull out on the sidewalk and, to make that turn to go south, they block anyone who wants to make a turn to go north. Councilman Roth suggested writing every building manager that they should notify their unit owners that when they pull out they are suppose to stop at the stop sign and not go any further. Mayor Hirsch) thinks that police officers assigned to Collins Avenue should do foot patrol up and down the sidewalk (east side and west side) to catch some offenders, bicyclists, etc. Mayor Hirsch) stated that parking and walking is not the answer, walking is the answer. He encouraged Mr. Treppeda to speak to the Chief because the Council seems to want, at least for a certain portion of the day, some presence so the officers can see what's going on there. Mr. Treppeda stated that the two additional tools are the motorcycle officers and they need to get out there more. Councilman Boggess thinks they do their job. Mayor Hirsch) thinks the only way to make the pedestrians safe is to put an officer out there in the street and on the sidewalk. Analise Duncan — resident — Kenilworth House, addressed the Council and doesn't understand why all the vegetation on the beach has to be torn up. Ms. Duncan questioned if there will be access in and out to the beach from the individual properties. Mayor Hirschl responded yes. Ms. Duncan questioned why Bal Harbour cannot have a safe bike path between the sidewalk and the street. Ms. Duncan also requested that the Council lift the no bicycles on the beach rule, not on the jogging path, but the other access. She stated that Regular Council Meeting 03/20/2001 1 133 134 currently no bicycle riding is allowed and she objects greatly to that. Ms. Duncan stated that Mr. Whitman is not a resident of Bal Harbour and questioned why he has such an influence in the Council's decision as to what should be done as far as charging for the occupational license or not. Mayor Hirsch) stated that this Council has turned Mr. Whitman down many times on many important issues and the inference that he has such a strong command over the Council is unjust and unfair. Ms. Duncan feels that the Council has given much more than giving in to Mr. Whitman today and has forfeited some of the things for the future for occupational licenses. Mayor Hirsch) clarified that if a store in Bal Harbour has a separate storage facility, this Council voted today to only charge them one occupational license fee and not two. That does not change the fact that they still must have an occupational license if they have a business in Bal Harbour. Ms. Duncan thinks that today was a very sad example. Lt. Smith addressed the pedestrian traffic situation and stated the problem that he sees with putting an officer on foot to enforce that is that once the person rides or drives away from them, there's not a lot of enforcement that they can do. Mayor Hirschl stated that the officers should do what they can to protect the citizen. Lt. Smith agreed. Mayor Hirschl stated that he fully supports the fact that if an officer tickets someone at the Balmoral and they tell their friends about it, then all of a sudden there's more of an interest in compliance. Lt. Smith agreed and clarified that he was going to say if the officer doesn't have a car nearby, then they will not be able to go after violators who don't stop for them. Mayor Hirschl stated that it sounds like there's no interest in having a foot patrol and he thinks it's a mistake. He thinks it shows a great presence because he sees countless residents walking on sidewalks and there are no officers walking the sidewalks. Lt. Smith thinks that foot patrol has a place, but not to do enforcement, because the people that the officers will want to be enforcing are going to be driving away at 30 mph. Assistant Mayor Tantleff agreed with the Mayor that foot patrol is very important. Lt. Smith clarified that he thinks toot patrol is important, but he doesn't think it's an enforcement tool for traffic violators. Mayor Hirschl thinks it's a great enforcement tool for Mr. Helman's situation. Councilman Boggess stated that whether the officer gives a citation or not, they should advise drivers that it's against the law to be blocking the sidewalk and they should watch it in the future. Mayor Hirschl questioned if there's support to work on one of the shifts to have someone walk the sidewalks and look at this. Mr. Treppeda stated that for the stop sign issue, he thinks the motorcycles will be a real tool and can really watch. As far as the foot patrol, it is excellent for giving the people a safe feeling out there. Lt. Smith stated that the department can handle that. A motion was offered by Assistant Mayor Tantleff and seconded by Mayor Hirschl for the Village Manager to encourage the police department to put somebody on the sidewalk doing foot patrol, especially during peak times when people are walking. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Councilman Gorson questioned if a "right turn only" sign can be placed at the Palace when exiting. Lt. Smith responded yes. Assistant Mayor Tantleff thanked Mayor Hirsch) for his friendship and leadership. He suggested that maybe in the future Mayor Hirsch) should be honored with something placed at Founders' Circle. Mr. Treppeda updated the Council on the Bal Harbour Park Project. He advised that the Village is waiting for DERM to make a determination on the water samples after the fuel tanks Regular Council Meeting 03/20/2001 19 were taken from underground. 135 Mayor Hirsch) requested that Village Planner Michael Miller be included in the process first when the Council has its workshop (regarding redevelopment). Mayor Hirsch) thinks that the new Council should be inducted and then Mr. Treppeda can call and set up a workshop meeting. 11. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Gorson to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 5:17 p.m. c 7 r Mayor Howard J. Berlin Attest: ( . itC /Jeainette Horton, CMC`/AAE/CLO Village Clerk /elh Regular Council Meeting 03/20/2001 20