Loading...
HomeMy Public PortalAbout2003-02-18 Regular Meeting151 tOUNGL MINUTES REGULAR MEETING — FEBRUARY 18j, 2003 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 18, 2003, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:04 a.m. by Mayor Berlin. Those present were: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff Councilman Peg E. Gorson Councilman Joel S. Jacobi Councilman Seymour "Sy" Roth Also present: 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. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve the minutes of the January 21, 2003, Regular Council Meeting. The motion carried unanimously (5 -0), and the minutes were approved as submitted. 3. PRESENTATIONS None. 4. AUDIT REPORT — RAtHLIN (OMEN & HOLTZ LLP (G. JERRY tHIOttA)S Mr. Chiocca reviewed the Annual Financial Statement. He advised that this year the Village implemented GASBE 34, which is a new reporting requirement that all cities will have to undergo the next several years. He complemented the Village in implementing it a year early. Mr. Chiocca advised that the report now shows an entity wide, versus a fund financial statement. He reviewed page 7, which shows that the total net assets of the Village, after liabilities, is a little over $25.7 million (of that, $20 million is in the general and governmental funds). Mr. Chiocca stated that of that amount $12.7 million is unrestricted, $1.2 million is reserved and restricted for tourism, and $244,000 is for the police department. He advised that the largest amount of the net assets are in the capital assets (buildings and land). Mr. Chiocca reviewed page 8, which compares the revenues and expenses, from one period to the other. He stated that it shows a $600,000 increase in net assets for the year, $400,000 in the business enterprise (utility), and a total of a $1 million increase in the net assets. Mr. Chiocca advised that budgetarily, the Village was right on target with last year, with a $4,000 difference in the budget, versus the actual. Mayor Berlin questioned where the portion of the audit is that compares actual 2002/2001. Mr. Chiocca advised that there isn't one any more. Mayor Berlin questioned why. Mr. Chiocca advised that since they switched to the new reporting law, so there was no comparability between the two. He explained that next year it will show one year versus the next. Mr. Chiocca stated that the budget comparison is in the back, which was the only thing that was Regular Council Meeting 02/18/2003 152 available this year. Mayor Berlin clarified that next year they will see 2003 compared to 2002. Mr. Chiocca advised that there was an increase of $4,000 in fund balance, so the Village is on target with the budget. Mr. Chiocca reviewed the Compliance Report. He advised that there are no reportable conditions, the Village is not in a financial emergency, there were no irregularities found during the audit, and all the transactions were properly recorded. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve the audit as submitted. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleffaye: Councilman Gorson aye; Councilman Jacobi aye: Councilman Roth aye. 5. PUBLIC HEARINGS: None 6. ORDINANtE FIRST READING/PLIBLIt HEARING: Ms. Stroud explained that the review of the proposed Planned Development rezoning for the Harbour House is a quasi-judicial matter. She read the following: "Please be advised that the following item on the agenda is quasi-judicial in nature. If you wish to comment upon this item, members of the audience please inform the Mayor when he asks for public input on this item. An opportunity for persons to speak will be made available after the applicant and staff have made their presentations. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross- examined or to be sworn, your testimony will be given the appropriate weight by the Council. Th2 general public will not be permitted to cross-examine witnesses, but the public may request the Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of this quasi-judicial public hearing may be obtained from the Clerk." The ordinance was read, by title, by the Village Clerk as follows: ORDINANCE NO. AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, PROVIDING FOR REZONING FROM THE "OF" OCEAN FRONT ZONING DISTRICT TO THE "PD" PLANNED DEVELOPMENT ZONING DISTRICT OF THE "HARBOUR HOUSE SITE" LOCATED AT 10275 AND 10295 COLLINS AVENUE, BAL HARBOUR, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS AND DETERMINATIONS OF COMPLIANCE; APPROVING THE PLANNED DEVELOPMENT SITE PLAN AND DEVELOPMENT AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE DEVELOPMENT AGREEMENT; AMENDING SECTION 21-78 "DISTRICT MAP" OF CHAPTER 21 "ZONING" OF THE CODE OF BAL HARBOUR VILLAGE TO REFLECT THE REZONING OF THE PROPERTY AS DESCRIBED ABOVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. Ms. Stroud asked the members of the Council to disclose any ex-parte communications that they may have had, outside of a public meeting, with any of the applicants or members Regular Council Meeting 02/18/2003 2 153 of the public, about this particular application. Mayor Berlin advised that in October 2002, he was invited by the applicant's representatives to preliminary review the plan, as it existed at that time. He reported that he met with them at the Bal Harbour Shops and the meeting lasted approximately 15 minutes and was preceded by lunch, where they talked generally about the concept of the project. Mayor Berlin advised that they did not talk about the Development Agreement. He believes that was the extent of the discussion. Assistant Mayor Tantleff advised that, in approximately May 2001, he met with Steve Sorenson in the Conference Room at the Harbour House, before there was a PD, and he was shown pictures of something that may be developed. Councilman Roth advised that he hasn't had any meetings with any of the principals, but he has had some meetings with residents. There being no additional discussions, the meeting continued. Mayor Berlin opened the public hearing. Carter McDowell, Attorney representing WCI, explained that WCI is the contract purchaser and developer of the One Bal Harbour Tower. He advised that the applicant is the Smith Company, who are the current owners in this process. Mr. McDowell would like to incorporate, in the record, the testimony before the Architectural Review Board (February 7, 2003) and before the Council at the Workshop Meeting (February 12, 2003). He advised that today's presentation will be brief, since they presented the project at the Workshop Meeting. George Page, Senior Vice President and General Manager of the Tower Division of WCI Communities, advised that their company is committed to bringing all of their expertise to the Village and feel that they are the highest quality luxury condominium developer in the State. He advised that they have ongoing projects in Flagler County, Jupiter, West Palm Beach, Aventura, Coral Gables, Sarasota, Lee County, Naples, and Marco Island. Mr. Page reported that they are committed to bringing the type of project to Bal Harbour that enhances the value of the life experience in the Village. He advised that the team they have compiled will work very closely with the Village, to ensure that the Village's needs are met, as well as the needs of the people that they will ultimately serve with this project. John Nichols, Architect —Nichols, Brosch, Sandoval & Associates, reviewed the plans for the project. He advised that the Harbour House North building will be demolished and they are proposing to build this new structure. Mr. Nichols stated that they are proposing a dynamic building, which will be a beautiful entrance to Bal Harbour, and are bringing a first class 5-star luxury hotel that will consist of between 118-126 units in the hotel and approximately 185 luxury condominiums. He stated that the 25-story tower, above the podium, sits on an angle, which respects the view corridors from the existing building. Mr. Nichols explained that the large curvilinear structure is 17 stories, above the podium, and is the condo/hotel portion. He stated that the property is unique, because it has views almost 270 degrees around it. Mr. Nichols explained that the building is designed to view out towards the open space and is meant to be viewed from the exterior, so the building has fronts all the way around it. He advised that it's designed in the 360-degree realm. Mr. Nichols stated that the 17-story tower forms an arrival court, with landscaping on top of a three level parking structure. He stated that on the existing site, parking is exposed across the entire front section of the Harbour House South building, with all surface level parking along the edge and on the north side. Mr. Nichols explained that they are proposing to get rid of all of the surface level parking and are putting it beneath and landscaping the entire Regular Council Meeting 02/18/2003 3 154 roof of that structure. He reviewed the Haulover Bridge and explained that it starts to elevate just south of their property and goes up to a point of 39 feet. Mr. Nichols stated that coming down the bridge, the roof of the entire arrival court is level with it, so people can see through it and out to the ocean, when going up and down the bridge. He reviewed the rendering and advised that the building has a clean simple image, with a bold curve that drops down in scale. Mr. Nichols advised that it has Moderne lines, with aqua -green glass and tall vertical pieces on the end that culminate onto a lantern piece, on top of the building. He stated that the project is immersed in a sea of green landscaping. Mr. Nichols stated that they have worked closely with the Village on the new PD ordinance. He stated that this building is designed, so that it fits within all of the requirements of the new PD ordinance and complies with all sections for height, width, massing, and density. Mr. Nichols reported that this building (185 condos and 126 hotel rooms) has a lower density than the existing Harbour House North building (352 units). He stated that the project has less density and less traffic. Mr. Nichols advised that a traffic study has been conducted by David Plummer & Associates and the Village's consultant (Tinter & Associates) has confirmed the report. He stated that they are bringing a 5-star hotel, which will provide bed taxes, etc. for the Village. Mr. Nichols reported that the hotel will be open 24 hours a day to the public and will have a first class restaurant, etc. He stated that there are no large ballroom or banquet convention facilities in the hotel, because it's primarily beautiful guest rooms and a boardroom or two. Mr. Nichols thinks that they have the perfect mix for this site. Mr. Nichols reviewed the entries/exits to the property and their relationship to the Carlton Terrace. He stated that there is currently an entrance that is only 3 feet from the property line. Mr. Nichols advised that they are moving that entrance north and are providing 30 feet of landscaping away from the property line. He stated that there are also separate entrances further north for the residents. Mr. Nichols stated that the only people who will use the southern entrance are the residents of the Harbour House South building and guests for the hotel. He reviewed the two entrances at the Carlton Terrace and advised that both are two-way drives, with parking on both sides. Mr. Nichols stated that if there was any type of congestion at the Harbour House's south entrance, then people going to the Carlton Terrace could use that building's southern entrance/exit. He doesn't think that there will be any congestion, because the Harbour House's south entrance is being moved further away (to the north) and there are separate entrances north of that one for residents. Mayor Berlin questioned Mr. Nieda if he has evaluated the traffic impact and if he is satisfied that it will not impair the residents of the Carlton Terrace. Mr. Nieda stated that he has not reviewed it, but the Village's traffic consultant can discuss that. Those planning to speak at the hearing were sworn in by Mrs. Horton. Suzanne Dean, Tinter & Associates, advised that they made their concerns clear in a review letter and advised that they think that the middle access point may have some problems, because of the location of the turnaround under the bridge. Ms. Dean reported that they would like to have that addressed at some point. She reviewed the area with Mr. Nichols. Ms. Dean stated that they didn't have any issues with the main or northern access. She doesn't think that there's going to be a major impact on the Carlton Terrace. Ms. Dean stated that they don't have numbers from the Carlton Terrace driveway, so they weren't able to provide a quantitative analysis. Mayor Berlin thinks that needs to be studied, because the Village wants to make sure that there is no negative impact. Mr. Nichols Regular Council Meeting 02/18/2003 4 155 stated that David Plummer, their traffic planner, will work with the Village and Carlton Terrace to resolve that. Mr. Nichols advised that Taft Bradshaw has studied that middle access point and has recommended moving the turnaround, to work better with the entrances, which is what the Village's traffic planner had recommended as well. Taft Bradshaw, Landscape Architect — Bradshaw, Gill & Associates, reviewed the plans. He stated that the main issues addressed at the workshop meeting were the profile from the edge of Collins Avenue, going north, the program of the improvements underneath the Haulover Bridge, and the improvements to the beach public access. Mr. Bradshaw stated that he went over the landscaping and environmental program at the workshop meeting. He reviewed the entrances to the project and showed the alignment that they are recommending, which the Village's traffic consultant has also recommended. Mr. Bradshaw reviewed the improvements along the beach public access. Mr. McDowell stated that, in the draft Development Agreement, paragraph 4 provides that the applicant will pay for and construct those improvements. He explained that they are prepared to agree to do all of the improvements under the bridge and the beach walk access, at their sole cost and expense. Mr. McDowell advised that there are some technical details that they need to work out, with the Village's staff, as to how that works. He stated that those issues include them wanting the Village to be the permitee. Mr. McDowell explained that the area underneath the bridge would be work on a public right-of- way and, as a private sector, they cannot apply for that permit. He advised that they will do the work and coordinate with the Village, but they need the Village to act as the actual applicant for those permits, because it's on public land. Mr. McDowell stated that the beach access is also a public access, along a public governmentally owned cut, and they believe that the Village should act as the applicant and the permitee. Mr. McDowell stated that there are ongoing renovations and work being done to the Harbour House South tower. He advised that it's important to them that those requirements not impinge on their ability to continue the work in the south tower and that it be tied just to the north tower work, which they are proposing to undertake. He requested that any limitations on it be limited to permits for the north tower, not affecting their ability to continue to upgrade the south tower. Mr. McDowell advised that because it will be work on a public right of way that will involve the Village, DOT, and other agencies, they are asking that the completion of that work not be tied to their Certificate of Occupancy, but that they will put up a completion bond to guarantee that work. He stated that if they should get delayed in the DOT work, or because of coastal issues and redoing the beach access, they are requesting that their CO for the tower not be tied to that. Mr. McDowell advised that those are details that need to be worked out in the Development Agreement. He stated that they look forward to bringing those public improvements to the Village, which are off their site, as part of their overall program. Mr. McDowell stated that it is their front door on both sides and they appreciate that they will benefit from it, along with the members of the public and the Village residents. He stated that the hotel, restaurant, spa, and recreational facilities will be open to the public; however, they are primarily sized to meet the requirements of this 5-6 star hotel. Mr. McDowell clarified that they are not being built larger to encourage people from the outside. He advised that they expect the restaurant to seat approximately 175-200, but they don't have a final operator yet, so they Regular Council Meeting 02/18/2003 5 156 don't know the actual seat count. Mr. McDowell stated that it's sized to primarily service that hotel, but Village residents are able to go there. He advised that the spa is also being sized primarily to serve that property (10,000-12,000 square feet). He reported that the WCI's Ritz Carlton on the west coast has a 35,000 square foot spa, which is truly open to the public and outside memberships. Mr. McDowell explained that this project will be made available to the public and those residents, but it's not being sized in a way to draw people to it from the outside. Mr. McDowell advised that their team includes: John Nichols (Architect — Nichols, Brosch, Sandoval & Associates), Ramon Alvarez (David Plummer & Associates), Pat Voya (Civil Engineer — Post Buckley Schuh & Jernigan), and representatives of the current owner (Charles E. Smith Realty) and WCI. Mr. Nieda stated that since it entails public right-of-way, the Village be named as a permitee, but the contractor will be paying for the cost of the work, securing the bids and doing the actual construction of the improvements. Mayor Berlin stated that in the draft Development Agreement, it uses the word "reimbursement', which is unsatisfactory from his perspective. Mr. McDowell advised that they have agreed that they will pay the full cost of the process and the construction. Mayor Berlin doesn't know if the suggestion regarding the CO is acceptable. Mr. McDowell advised that they expect to complete it before their CO, but don't want it tied to that because of the public nature of that work, the fact that they can't control it and don't know what utility conflicts there may be. He advised that they believe that they can make the Village comfortable that it has appropriate guarantees to ensure that the work is completed in a timely fashion. He stated that they would prefer not to have any of their COs tied to that. Mr. McDowell advised that the final set of plans could also take some time to work out. He explained that those are their concerns from the time extent point, not that they don't intend to build it quickly and concurrently with the project. He stated that from a design and operation point of view, they want to finish that prior to opening their facility, because it's their front door, as well as the Village's facility. Mr. McDowell advised that they will do everything in their power to finish it all at the same time. Mr. Page stated that, as a developer, one of the challenges is obtaining appropriate construction loans to build a project of this quality and scale. He advised that it would be very difficult to obtain that kind of lending requirements, if the bridge improvements could potentially delay them from getting their CO. Mr. Page stated that the team, with an understanding of the importance of completing that work on a timely basis, would make it a priority and focus to cooperate with the Village and minimize the risk of the delay of that work being completed, in concert with the condo/hotel. He advised that it's to their advantage as well, to have that work done by the time that the condo/hotel are completed, which would be their goal. Mr. Page advised that if there's continued concern, they would sit down and talk that through to reach an understanding that it comfortable for both parties. Mayor Berlin discussed his meeting with the developer in October. He thinks that it's a very impressive project and that it's an important site in the Village. Mayor Berlin expressed his concerns regarding the speed that the Village is moving in this process, because there are open issues in the Development Agreement. He stated that he appreciates that the Developer has legitimate developer related issues and the Village has very legitimate Regular Council Meeting 02/18/2003 6 157 development related issues. Mayor Berlin stated that one of the reasons the Council elected to embrace a PD opportunity was to see a quick pro -quo, for the Village to get something back in return that was related to the project. He advised that he is not satisfied today that the Development Agreement reflects that, on behalf of the Village. Mayor Berlin thinks that this is going to be a very impressive and impactful project, if it goes forward. He stated that he needs an opportunity to meet with staff and developers to truly understand the impacts, such as the Carlton Terrace traffic issues, etc. Mayor Berlin stated that he's not trying to express anti -development sentiment, as much as he's trying to express pro- Bal Harbour sentiment. He stated that he would like to see something that's in the best interest of the Village and he thinks the development of that site could be in the best interest of the Village. He clarified that, as a Council member, he has only had one week to understand one of the largest projects to come into the Village. Mayor Berlin doesn't feel that he is in a position to express an opinion as to whether or not it's in the best interest of the Village, in its present format. He would like to hear opinions from the residents, who are at the meeting. Mayor Berlin will then speak to the Council about the way the process should be pursued, because a natural process needs to be followed. He clarified that they need to meet with the developer and think about some of these issues (CO, etc.) and to figure out whether or not what's in the Development Agreement is satisfactory for the Village, in terms of meeting the scope of the subjective test. Mayor Berlin stated that they have heard from the Building Official and Village Planner that it meets all of the objective tests and falls within the objective constraints of the PD zoning ordinance, but there is a substantial amount of subjective element in this project that hasn't been discussed yet. He thinks that needs to be discussed and considered by the Council, either as a group in another workshop or hearing, or as individuals meeting with the developer. Mayor Berlin advised that with a project of this magnitude and one week of analysis of plans, he is not in a position to tell them that the way that it has been proposed today is in the best interest of the Village. Mayor Berlin opened the public hearing. Babak Raheb, resident —128 Balfour Drive, is concerned that the building is 128 units and that the Tinter & Associates and David Plummer traffic reports state that traffic is going to be lower than it is now. He stated that the traffic reports are based on 114 condo/hotels. Mr. Raheb stated that the 128 units is a 12'/2% increase in the number of units, which will reflect the higher number of traffic that it would create. He also has a problem with the reports, because he feels that they're painting a rosy picture. His concern is that they have stated that it will be a 5 star hotel, restaurant, and spa, and that they expect 10% of the traffic to be by foot or bus. Mr. Raheb doesn't think that people will be coming from the airport to a 5 star hotel in a bus. He thinks that the numbers in the traffic report that are reduced by 10%, based on public transportation and pedestrian traffic, are inaccurate. Mr. Raheb thinks that the reports either need to be updated or looked at. He stated that when they look at the 128 units, he questioned what occupancy rate they are calculating the traffic at. Mr. Raheb questioned that if it's more than 100% occupancy, if the hotel can rent out more, or if other condominium owners have a right to have an agreement to rent out the rooms. He suggested not only looking at the traffic, in relationship to the Carlton Terrace, but also looking at having a more long term view, because not only is the Bellini under construction, but the Village may have construction on the Bal Harbour Club site. Mr. Raheb stated that most people that want to go south towards 1-95, have to go underneath the bridge to go south. He thinks that if there are tour buses, limousines, food service companies, etc., then that corridor will get backed up. Mr. Raheb doesn't think that Regular Council Meeting 02/18/2003 7 158 the traffic impact study has been done well enough for the Village to move forward. Mayor Berlin requested that the staff reports be part of the record. Ms. Stroud suggested that Mr. Nieda and Mr. Miller agree that they're submitting their staff reports into the record and that nothing has substantially changed since the workshop. Mr. Nieda and Mr. Miller agreed. Brian Mulheren, resident — Carlton Terrace, questioned who owns the project. Mayor Berlin advised that Charles E. Smith Realty still owns the project and, as discussed at the Council Workshop meeting, WCI has a contract to acquire the property, assuming certain prior conditions, and are intending to close on the contract in the beginning of 2004. Mr. Mulheren questioned if they would own the south and north tower. Mayor Berlin doesn't know. Mr. Mulheren questioned how many acres they will own and questioned if the PD is 5 acres or more. Ms. Stroud stated that presently the Smith Company owns the entire PD parcel. She explained that the north part of the parcel will be sold to WCI, which will remain part of the PD, in a covenant or unity document that makes the whole project remain as a unified project, despite the two owners. Mr. Mulheren stated that the PD is a planned development of 5 acres or more and he doesn't know how there can be two people or two corporations owning it. He stated that the whole thing of having a planned development was to have one person develop and have control of the whole development, which is very important. Mr. Mulheren thinks that should be clarified, before anything goes forward. Ms. Stroud stated that, as part of the Development Agreement and as part of the PD regulations, there has to be a legal document providing that unity of control and management. She advised that the PD cannot be approved without that document, so the Village has provided for that in both the ordinance and the Development Agreement. Mr. Mulheren doesn't think there should be parking undemeath the bridge, because somebody could park a car there and blow up the bridge, etc. He thinks that should be looked at. Mr. Mulheren thinks that by eliminating the parking, that area could be improved so that traffic would flow much better. He stated that if a truck breaks down there, then fire and police don't have access there. Mr. Mulheren stated that the access way is also not very wide and thinks that if they're going to do something with that, then they should widen it. He also suggested widening the street there so that large fire vehicles can get into there. Mr. Mulheren stated that is going to be a high rise building and there's a problem now with police and fire communications. He explained that in the September 11 th event, they couldn't talk to each other in buildings that are concrete, etc. He questioned if they are going to put cable in the building so that the police and fire can communicate. Mr. Mulheren thinks that they should put an antenna site on top of the building for communications for public services. He thinks that these things should be looked at and not just buildings and beautiful plans. Mr. Mulheren stated that the reality is the safety and security of people and of the Village. Mayor Berlin requested that the police department give a report between now and the next meeting, of their opinion on those items. Stanley Whitman, developer — Bal Harbour Shops, reviewed the history of the Harbour House North, which was developed by Sol Taplin. He stated that the building was built according to FHA specifications, which are not suitable for the oceanfront in Bal Harbour. Mr. Whitman stated that to replace that building, this group has proposed a structure that is approximately 2,400 square feet per unit (the existing building has 1,800 square feet units). He advised that the proposal is to reduce the density from 75 units per acre, to 55 units per Regular Council Meeting 02/18/2003 8 159 acre, which is a reduction in traffic and is beneficial. Mr. Whitman stated that they have a hope to bring in a 5 star hotel, but they don't know. Mayor Berlin thinks that they stated at the workshop meeting that bringing in a 5 star hotel was a condition and he would like to know where they stand with that endeavor. Mr. Whitman thinks that if they are able to do that, it would be similar to the Sea View Hotel, which reserves a portion of the condominiums for hotel rooms, which he thinks is a very good idea. Mr. Whitman stated that the traffic that the Sea View generates is very minimal. He advised that it's not a hotel like the Sheraton, which does generate traffic. Mr. Whitman stated that the proposal reduces traffic and the plan takes into account the biggest problem this community is going to confront in the future, which is the widening of the bridge. He advised that the proposed plan takes into account the future widening of the bridge, so that the Village can approach FDOT with the plan to do it. Mr. Whitman thinks that will alleviate more of the traffic problems than anything else. He stated that every property owner in this community has to have a reduction in their taxes. Mr. Whitman stated that a hotel would mean more resort tax revenue, which has paid for the landscaping and beach beautification, etc. He stated that the Village usually collects $2 million per year, in resort tax, and this project would add to that and reduce the burden of the taxpayers, because they don't have to pay it. Mr. Whitman stated that the street in front of the Carlton Terrace and Harbour House buildings is deplorable and stated that a large percentage of the residents and visitors to the Village have to drive through it. Mr. Whitman stated that the sidewalk there is at the street and is not set back 5-6 feet, like it is everywhere else in the Village. He advised that the landscaping doesn't exist, because at the time that the Resort Tax Committee allocated the money for the Coconut trees and the Medjool Date Palm trees, they agreed that there were no tourists there, so money wouldn't be spent there. Mr. Whitman stated that this plan takes care of that problem and is a tremendous addition to the Village. He urged the Council to endorse the project. Mayor Berlin advised that the Development Agreement has an 18-foot easement for utilities. He stated that he doesn't see a corresponding carve -out for road work, which goes to the question of the property owner leaving frontage property available to expand the roadway, in the event that the bridge is expanded, or if the Village determines that it needs to be wider to deal with the traffic issues that have been discussed. Mayor Berlin thinks that if the utilities are spelled out, then the roadwork should be spelled out as well. He doesn't know if 18 feet is the right number or not and will leave that to the building experts, but that needs to be spelled out in the agreement. Ms. Stroud stated that the Village Attorneys and Village staff have reviewed the plans for that easement and would intend that would be part of the PD site plan and can also put it into the Development Agreement. Mayor Berlin definitely wants that in the Development Agreement. He questioned the status of a flag hotel. Mr. Page advised that they are currently active in discussion with 6 to 7 flags and have a particular flag in mind that they are bringing to Bal Harbour the first week of March, with a focused effort to try to reach an agreement fairly quickly with them, but are keeping other alternatives alive. He reported that it has been a difficult time for hoteliers and there has to be an attractive program and package put together to bring a top flag to a development. Mr. Page stated that Bal Harbour is an appropriate venue for the people that they are talking to and they have created a great deal of excitement with this plan. He advised that it would be unlikely that they would close on the property in 2004, if they didn't have the flag agreement worked out. Mayor Berlin clarified that one of their conditions, precedent to Regular Council Meeting 02/18/2003 9 160 closing, is having an appropriate flag for the hotel. Mr. Page stated that it's not a condition to closing with Charles E. Smith and advised that they have decision points at which they will determine whether to go forward to the next stage. He advised that, at a certain point, it becomes more expensive if they decide not to go forward. Mr. Page reported that between now and July, they anticipate spending in excess of $5 million just on design, marketing and other related costs. He stated that shows an idea of how expensive it is to bring a development along like this, with the understanding that their goal is to start construction in early 2004. Mr. Page stated that at the same time, the commitment that they're making to seek, attract, and sign up a major flag is very serious, simply because of the burn rate going through a project. Mayor Berlin clarified that under the terms of the contract, there are certain points where they have the unilateral right to walk, not withstanding their expenditure of money to develop this project. He questioned, at some point in time, not withstanding the expenditure of the $5 million, if they haven't gotten a flag, that they're satisfied with, then they have the right to walk before they close. Mr. Page advised that is correct. Mayor Berlin thinks that the number of hotel rooms at the Sea View is 200 and requested that number be checked for comparison. Michael Pascucci, General Manager — Carlton Terrace, distributed a letter from Siegmund Spiegel (resident — Carlton Terrace #6D). He read from a paragraph in the letter "If PD status is granted for the South building, then the South building would not comply with the current PD requirements for front and side setbacks. Please address this issue." Mr. Nieda stated that the south building is an existing non -conforming use that would remain so. Mayor Berlin questioned if that is permissible under the statutes. Mr. Nieda responded that it is. Dina Cellini, resident — 211 Bal Cross Drive, reiterated her concerns that Mr. Raheb expressed about the traffic. She thinks that the traffic reports are moving targets. Ms. Cellini expressed her concern about the height of the proposed condo tower, which is 323 feet. She feels that it would set a precedent for future development, along the east side of Collins Avenue. Ms. Cellini advised that it appears that the south tower would be the next building to go and requested that the developer clarify whether or not the contract includes an option to purchase the south tower. Steve Sorensen, Charles E. Smith Residential, advised that it does not have an option, as part of the contract. Ms. Cellini stated that in the event that the south tower was eventually developed, the precedent of the north tower at 323 feet would be there and, further down the road the Bal Harbour Club property will probably seek a Planned Development plan and would seek that same 323 feet, which is permitted under the present ordinance. She would hate to see the views impacted anymore than they already are and suggested that the largest building that's currently developed on Collins Avenue be the existing tallest building and not going any higher than that. Mr. Nieda clarified that the height is 297 feet and, above that height, it's permissible to have an additional 25 feet for the cooling tower and screen enclosure for it. He stated that the height that Ms. Cellini is referring to is a conversion of 297 feet to NGVD, which is a controlled datum that is required by national standards for flood criteria, so it's not an actual 310 feet, it's an actual 297 feet. Mayor Berlin stated that as a condition precedent to approval, they will have to demonstrate that whatever the height is, that it Regular Council Meeting 02/18/2003 10 161 meets the criteria of the PD ordinance, otherwise it won't be approved. Mr. Nieda advised that it does and it has been reviewed. He thinks that the confusion might be that the conversion for the NGVD is noted in his report, but it is 297 feet. Mayor Berlin closed the public hearing. Assistant Mayor Tantleff thinks that people need to remember that whether it's this developer or another one, at some point those buildings are going to come down, because they are very old. He stated that the older buildings in the community are eventually going to be replaced with newer ones that will hopefully add to the community. Assistant Mayor Tantleff thinks that the Council probably needs time to study it. He suggested proceeding today and maybe having some time before the second reading. Councilman Jacobi stated that there is supposed to be a site plan for the entire street, which Mayor Berlin requested at the Workshop Meeting. Mayor Berlin displayed what they brought in response to that. He thinks that everybody agrees that the traffic needs some more work. Assistant Mayor Tantleff questioned if the developer will also pay for the maintenance of the landscaping, because the Village spends a lot of money each year replacing the Medjool Date Palms. He questioned if it would be a condition that when the trees die that they would replace them. Mr. Page stated that the documentation associated with the condominium documents and the condo/hotel will provide for assurances to the Village that landscaping will be maintained and, if replacement is required, that will be mandatory as well. Councilman Roth discussed the human element and advised that many people living in the Harbour House have lived there for many years and are elderly. He stated that he has received phone calls from their relatives trying to make arrangements for a suitable place for those people. Councilman Roth thinks that priority should be given to the residents who have lived there for a long time for relocation. He questioned if Charles E. Smith has sent out official letters telling the residents that they will have to be out on or before October 31, 2003. He also questioned if they are trying to help the residents to relocate and giving them the preference over outsiders. Mr. Sorenson advised that, prior to the Workshop meeting, they sent out letters to everyone and they do have a priority list for people that are moving from the north tower to the south tower, and they are, specifically, giving special attention to the seniors. He advised that's very important to them and they are resident driven. Mr. Sorenson stated that they understand their issues and they are going to take care of them appropriately. Councilman Jacobi questioned how many units are currently available in the south tower. Mr. Sorenson advised very few and as they become available, people are moving over immediately, but they do have a prioritization list and they are making accommodations where they can. He reported that they also have another 4500 apartment units in the direct vicinity that they have offered to move people to, with no transfer fees or anything else and have even talked to them about competitors. Mr. Sorenson explained that if they see another place that they can go, they are making that information available to the residents. Councilman Roth questioned if the rental staff has been instructed to help the folks in the north building and not entertain people from the outside looking for an apartment in the Harbour House South. Mr. Sorenson replied that they have and advised that he has personally had that conversation. Regular Council Meeting 02/18/2003 11 162 Councilman Gorson thinks it's a wonderful project and it just has to be ironed out. Assistant Mayor Tantleff wants to make it clear that if the motion to approve this ordinance passes, that the Council and residents have made valid points regarding traffic, security, and the Development Agreement, which have not be finalized. He suggested that they don't come back to the Council for the second reading in April, or until there is a fair amount of time for workshops, because this could easily be voted down at a second reading, unless the Council and community are satisfied that all the concerns have been met. He thinks that it's a good first step in the right direction, but thinks that workshops and time are needed to understand the project further. Mayor Berlin agreed and advised that he has no problem with approval on first reading, with the understanding that it wouldn't come back for second reading, until such time that all of these issues have been worked out in a satisfactory manner, however long that takes. He advised that he needs some time to really understand these things, whether it's done in workshops or in individual meetings. Mayor Berlin also wants staff to look at some of the issues. Mr. McDowell stated that when going through a rezoning process, the time and date of the second reading is suppose to be announced at the first reading, under statute. He stated that it doesn't mean that it has to be held, but the public is suppose to be given notice of when it will come back for consideration. Mr. McDowell explained that if the Council comes back and isn't comfortable with it, then they can continue it at that point. He thinks that a date should be picked, to make sure that there are no notice issues. Ms. Stroud stated that the Council can notice the second reading, for a certain time, through publication and a mailed notice procedure that are in the Code. She advised that a date doesn't need to be set today. Mr. McDowell stated that WCI would like to begin to market this project as soon as possible, with the full caveat, which they will post in the sales area, that it hasn't received final zoning approval. He advised that they would like to move forward as much as possible, during this interim time frame. Mr. McDowell explained that it would be to gauge the interest of the market and to get a list of people interested in the project, etc. He stated that there are no contracts to be signed or anything in that interim time frame. Mayor Berlin would be uncomfortable if Bal Harbour is associated with the marketing. Mr. McDowell stated that they are making the Council aware of this so that they're not offended that they are marketing something that the Council hasn't approved. Mr. Treppeda questioned if there's a consensus to have a workshop meeting or individual meetings. Mayor Berlin requested that Mr. Treppeda speak to each of the Council members individually for a consensus, Councilman Jacobi requested a copy of the letter that Mr. Sorenson sent the residents in the north tower. Mr. Sorenson will provide Councilman Jacobi with that. Mr. Treppeda questioned Assistant Mayor Tantleff what landscaping he was referring to when he discussed the maintenance issue. Assistant Mayor Tantleff advised that he was referring to the landscaping that WCI is paying for, that is on Bal Harbour's property. Mr. McDowell clarified that WCI will maintain the landscaping in the public right of way, in front of the project, and would prefer to do that. Regular Council Meeting 02/18/2003 12 163 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this ordinance on first reading. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth ave. The Council took a 5 minute recess. 7. ORDINANCE FIRST READING: The ordinance was read, by title, by the Village Clerk as follows: ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, AMENDING CHAPTER 7 OF THE VILLAGE OF BAL HARBOUR CODE ENTITLED "CABLE TELEVISION ORDINANCE"; PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION THAT USE THE VILLAGE'S RIGHTS -OF -WAY; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR THE GRANT OF LICENSES; PROVIDING FOR MINIMUM FACILTIES; PROVIDING FOR CONSUMER PROTECTION STANDARDS; PROVIDING FOR ENFORCEMENT AND ADMINISTRATION; PROVIDING FOR CONFLICTS; PROVIDING FOR A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Weiss reported that several months ago the Council authorized the Village Attorneys to move ahead and review the cable ordinance to modernize it, for anything that may come up in the future. Gary Resnick, Village Attorney, reviewed the ordinance, which revises the Village's cable code. He stated that the existing code was revised in 1996, but there have been substantial changes in federal and state laws since then, as well as in the industry, which warranted revising the ordinance, to make it consistent with the changes. Mr. Resnick stated that there is currently one licensee in the Village, which is Charter Communications. He advised that license goes through 2006, so this ordinance will not affect their existing license. Mr. Resnick reported that this will deal with new companies that may be coming in to either apply for a new license, or if Charter transfers its license. He advised that it has been reported that Charter's cable system is for sale, so it is likely that there will be an applicant submitted for a consent to a transfer, in the future, and a third party potentially coming in to operate the cable system in the Village. Mr. Resnick reported that another reason to revise the ordinance was to get some of the safeguards in place for the Village and its residents. Mayor Berlin requested that, between first and second reading, sufficiently in advance of second reading, Mr. Resnick provide the Council with a summary that explains the changes. Mr. Resnick advised that the "definitions" section in the Code have been revised substantially (Section 7-2 on pages 2-7 of the ordinance), to comply with new federal and state law requirements and changes in the practices of the industry. He reported that the definitions are standard in the industry, or come from federal or state law. Mr. Resnick stated that Section 7-3 provides the procedure where the existing licensee can submit, in writing to the Village, provisions of the new ordinance, which it feels should not apply to it, Regular Council Meeting 02/18/2003 13 164 by virtue of its existing license. He stated that it's not intended to change the rights or obligations of the existing licensee, but to deal with a new entity that may come forward. Mr. Resnick reviewed a minor change in Section 7-4, which deals with the term of license. He explained that, under the old code, the initial term was 15 years and then provided for successive terms of 10 years, which is inconsistent with what's happening with the industry, because of all the changes in technology and consolidation. Mr. Resnick advised that the proposed ordinance provides that the maximum term can be 10 years, subject to the terms and conditions established by the Village. Mr. Weiss explained that the Village has an existing contract with a cable operator and this ordinance would put the obligation on the cable operator to notify the Village of any provisions that they think do not apply to them. He advised that if they don't notify the Village, then they wave their right to contest those provisions. Mr. Weiss stated that it's a self -policing mechanism. Mr. Resnick thinks that it also makes the cable operator pro -active so they can't ignore what the Village is trying to do, which is a problem that has been occurring in the industry. He explained that Section 7-7 has major revisions, dealing with the transfers of the license, and addresses whether the license is transferred or control of the licensee is transferred. Mr. Resnick thinks that it's likely that a transfer will occur in the near future in the Village. He reported that Section 7-11 replaces and spells out, in greater detail, the existing customer service standards. Mr. Resnick explained that, in the Code, the Village requires compliance with the FCC's customer service standards, but it doesn't spell those out and the FCC regulations state that while the FCC will issue standards, the FCC will not enforce them. He clarified that the enforcement of the FCC standards are left to the local governments, so the Village needs to specify those standards in its ordinance and provide for enforcement mechanisms, which is what Section 7-11 does. Mr. Resnick doesn't think that it changes the current practices of Charter and is consistent with the industry's practices. Mr. Weiss thinks that this section is important for the taxpayers, because it talks about service outages, credit for service outages, discontinued service, etc. Mr. Resnick advised that the FCC has very detailed standards dealing with how quickly a cable operator has to answer its phones, the appointment window it must offer customers in scheduling installation and service appointments, etc., but the FCC will not enforce those, so it's up to the Village to enforce those, for the purpose of its residents. He reviewed Section 7-12, which revises the existing Code, dealing with the use of the rights of way. Mr. Resnick explained that, in 2001, Florida law changed and the Village adopted an ordinance governing the communications provider's use of the rights of way. He advised that this section maintains those same standards and requirements for the cable operator and is to comply with Florida law. Mr. Resnick advised that the sections dealing with construction bond and security funds, in Section 7-13 and 7-14, are revised. Mayor Berlin questioned only $100,000 is required. Mr. Resnick stated that it's standard in the industry, for a system this size; however, it can be whatever the Village feels is necessary. He stated that it's a negotiated item and is usually part of a license. He stated that may not change with the existing licensee, but it would apply to a new company coming in. Mayor Berlin questioned if the license would have to be in compliance with the ordinance. Mr. Resnick clarified that it depends on whether that's considered a contractual term, or more of a Code term. He stated that if the existing license provides for it, and he thinks that Charter currently has on file a $50,000 bond, then the Village cannot unilaterally mandate that they increase the amount of that bond while they have the existing license. Mayor Berlin questioned what they are indemnifying the Village on, so he can see whether or not that's enough money. Mr. Resnick advised that they indemnify the Village on everything that could potentially come up. Mayor Berlin questioned what the types of risks are that cities experience, with regards to a cable operator. Mr. Resnick advised it is everything from injury and damage to Regular Council Meeting 02/18/2003 14 165 property. Mayor Berlin doesn't think that $100,000 is enough. Mr. Resnick clarified that is the amount for the security bond (to pay fines and other fees owed to the Village outside of insurance), but there's also insurance of $5 million. He advised that the $5 million insurance policy will remain. Mr. Resnick reviewed Section 7-15, which has been revised substantially, to deal with procedures for applying for the Village's consent to a new license, transfer of a license, or renewal of a license, which is consistent with federal law and the FCC's regulations, as well as standards in the industry. He advised that the fees have been revised. Mr. Resnick reviewed Section 7-16, which deals with the compensation. He explained that, in 2001, Florida law changed and the Village no longer gets license fees directly from the cable operator. He stated that the cable operator charges their customers the communications services tax and that's paid to the Florida Department of Revenue, which in turn distributes it monthly to the Village. Mr. Resnick advised that this section is revised to reflect the changes in that law. Mr. Weiss explained that when someone applies for a transfer, the Village previously incurred all the expenses of the time of the Village Attorneys, staff, etc. and this puts a burden on the applicant to pay any costs associated with their application. It allows for the Village to recover its costs so that the Village isn't put in a position of having to spend money, to approve the application. Mr. Resnick stated that a couple of years ago Charter applied to transfer their cable system to NTT and, in the midst of the pending application, the deal stopped and the application didn't go forward. He explained that left the Village with costs incurred in reviewing the application. Mr. Resnick stated that this creates an up front application fee. Mayor Berlin reviewed the service interruption section, on page 17. He doesn't think that's it's an effective mechanism to enforce compliance for a cable operator, because the Village could be without service for 30 days and it would only cost the operator $250 a day. Mayor Berlin questioned where the termination clause it. Mr. Resnick stated that there should be a termination provision and thinks that it's in the existing code, which isn't being revised. Mr. Resnick will check on that and make sure that there is one. Mayor Berlin questioned if the service interruption provision is consistent with what other municipalities have. Mr. Resnick advised that it is and that it's also the FCC standards as well. Mayor Berlin questioned if the Village can have it a little tougher. Mr. Resnick stated that, per federal law, the Village has carte blanche authority to adopt any consumer protection provision that it wants. Mayor Berlin thinks that 30 days is a long time, because people rely on their cable service in the Village. Mr. Resnick advised that is the period of time that they have to impose the fine, but they are suppose to deal with service outages, under FCC standards, much quicker. He advised that if they don't do that, then a fine can be imposed. Mayor Berlin requested that Mr. Resnick address that, and all of the enforcement provisions, in his summary to the Council. It was the consensus of the Council to strengthen the service outages provisions. Councilman Gorson questioned the issue of quality. Mr. Resnick advised that FCC has very specific signal, audio, and video quality standards and those have been adopted by the Village in this ordinance. Councilman Gorson questioned if they are working on those currently. Mr. Resnick doesn't know if the cable company is working on those; he hasn't been alerted to any problems with that. Councilman Gorson advised that she can't get clear reception. Mr. Resnick reviewed the major changes in the ordinance that are proposed and advised that there are substantial changes in the provisions of the existing code, dealing with rate regulation. He advised that federal law eliminated local government regulation of cable rates, so those sections of the existing code have been deleted. Regular Council Meeting 02/18/2003 15 166 Councilman Gorson stated that there are certain days of the week that residents cannot call the cable company. Mr. Resnick stated that they should be able to call 24 hours a day, 7 days a week. Councilman Jacobi advised that there was a cable problem in his building and they called the cable company. He reported that his building's underground wire was faulty and the cable company came, put a new one in and re -wired the whole building. Mayor Berlin requested that Mr. Resnick review Section 7-6 on termination to make sure that it is strong enough. Tony Bello, Group Director for Florida Charter Communications, advised that residents are able to call the cable company 24 hours a day and 7 days a week and they do respond. He stated that if there's an issue with the picture quality, then they would be happy to look at that. Mr. Bello explained that a lot of issues that they have relate to the wiring inside the buildings and homes. He advised that they maintain it and replace that at no cost, so it just has to be scheduled. Mr. Bello addressed the issue of the 30 days and explained that if they were out for more than 30 days, then they would have other problems and the only time that would occur would be under a hurricane situation. He stated that they strive to repair outages, within 24 hours, and the Federal Communications Commission requires 4-hour windows for them to make appointments with customers and they go beyond that and make 2-hour windows. Mr. Bello explained that they exceed a lot of the requirements that are currently in place. He stated that they have issues with many of the provisions of the ordinance, because it does increase costs and they are doing their best to keep costs down. Mr. Bello explained that sports programming rights continue to rise and they are victims of that, because those costs are passed on to them and they are forced to pass them on to the customers. He stated that if the bond is doubled, then their costs double, and the rates would be reflective of that. Mr. Bello advised that they have an issue coming up, since they are coming into the federal window for renewal in July, where they will apply to the Village and begin negotiations over a 3-year period, which could happen quickly or take the full 3 years. He suggested that, as an alternative to rewriting the ordinance and not having it apply to them, because they reject many of the things in the ordinance, another possibility is to enter into a renewal procedure and attack it that way, so they would then come under the full force of the new ordinance. Mr. Resnick will provide the Council with a written summary, within a week, for review prior to the second reading. Mr. Weiss questioned what the ordinance says about the public access channel. Mr. Resnick stated that it is consistent with what's in the Code now; there's one government access channel that's currently available for the Village's use. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this ordinance on first reading. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. 8. ORDINANCE SECOND READING/PUBLIC HEARINGS None. 9. RESOLUTIONS: None. Regular Council Meeting 02/18/2003 16 17 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff discussed the Beach House Bal Harbour Hotel (in Surfside) and advised that their address is listed as Bal Harbour and they're not in Bal Harbour. He stated that people are very angry to see that they're still advertising that they're in Bal Harbour. Mr. Weiss reported that Mayor Berlin gave him a letter from a citizen regarding that issue. He advised that when the Village Attorneys previously researched it, the best remedy they came up with is to notify the Attorney General, in terms of false and misleading advertising, under the FTC Act that Florida has. Mr. Weiss explained that they have a file with letters that were written to the Attorney General on this, asking for action. He advised that it hasn't done much good. Mr. Weiss will check to see what else can be done. Councilman Roth advised that the Soli Mar also advertises as Bal Harbour and is in Surfside. Mr. Weiss requested that the Council submit any advertisements that they see, with properties that are not in Bal Harbour, who are saying that they are in Bal Harbour. He advised that the Village Attorneys will see if there's another approach to stop this. Councilman Roth suggested contacting the Mayor in Surfside. Assistant Mayor Tantleff questioned if an answer has been received from the Attorney General and, if they haven't received one, then he will contact the Attorney General to find out what's going on. Mr. Weiss will check the file, but thinks that some political pressure may help. Report on Security District Management Agreement — Assistant Mayor Tantleff: Assistant Mayor Tantleff explained that he is the chairman of a working group made up of one resident from the community that brought this issue to the Council, Mr. Weiss, Mr. Treppeda, and Ms. Horton. He advised that they met on several occasions and then he took the issue to the Civic Association, which in his opinion, is the voice of the people who live in the Security District. Assistant Mayor Tantleff stated that the Civic Association voted unanimously (7-0) that the Village continue the Agreement that's in place between the Village and the Civic Association. He requested the Mr. Treppeda ensure that the Agreement is followed properly and suggested that the Council proceed forward, as it is currently. Assistant Mayor Tantleff reported that Congressman Don Young, the only Congressman from Alaska and the Chairman of the House of Representatives Transportation Committee, is going to be in Florida on Friday. He explained that Congressman Young will be presented with a key to the Village. Assistant Mayor Tantleff thinks that will be good for federal funding to come to Florida and Bal Harbour, for the expansion of Haulover Bridge. Assistant Mayor Tantleff reported that there is a grant process open until April, which Bal Harbour is eligible for. He is hoping that Bal Harbour will be getting some free grant money, to improve the dock area by the Park. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Approval of Purchase of Postage Meter: Mr. Treppeda explained that the current postage meter is 7 years old, has stopped working and the company Regular Council Meeting 02/18/2003 17 168 cannot fix it. He advised that in two years the Village will be required to use a spray -on type of postmark anyway and this new machine has that technology. Mr. Treppeda advised that based on a 5 year life expectancy, that purchasing ($5,959.00) is better than leasing (for 5 years — $9,983.00). A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve $5,959.00 for the purchase of a new Hasler postage meter system, at the government bid price. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Approval of Purchase of Boat for Police Department: Mr. Treppeda requested approval for the purchase of a boat to start a marine patrol program in the Police Department. He advised that for the past 7 years, the Village has contracted with Indian Creek Village, at $12,000 per year. Mr. Treppeda reported that they did a good job for many years, but they have recently reduced their manpower and complaints are being received from residents and they're not doing a good job with 24-hour marine patrol coverage. He advised that a study was done by Officer Orr and another Bal Harbour Officer. Mr. Treppeda explained that the boat that they are recommending is used by Aventura, North Miami Beach, the military, Monroe County, and Indian Creek. Councilman Jacobi questioned if the Department is familiar with the admiralty law, regarding pulling people over and doing inspections on boats. Deputy Chief Hunker advised that they have specific training through the State and the County on that. He reported that would be required, prior to the Department initiating any activity. Chief Freeman clarified that the Department isn't going to put anything in motion, until everyone has been fully trained. Mayor Berlin commended Chief Freeman, Deputy Chief Hunker, and Officer Orr for their initiative in this regard and thinks that it's a great idea. He advised that forfeiture funds will pay for most of it. The proposed funding for the Marine Patrol Program is as follows: Boat: $55,250.00 (Proposed Forfeiture Funding) Engines & Boat Lift: $24,583.00 (Proposed from General Fund Contingency) Misc. Equipment: $ 5,595.00 (Proposed from Marine Patrol Line Item) A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve $85,428.00 for the above listed items, for the Marine Patrol Program. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Mr. Treppeda advised that the Police Department will be asking for an increase in manpower, to be sure that they can properly man the boat, which would be in next year's budget. Approval of Architectural Fees for Park Structure for Office, Storage, and Bathroom: Mr. Treppeda requested that this item be deferred for further negotiations. Discussion of Bal Harbour Park Dedication and Approval of Funds: Mr. Treppeda explained that the Park Dedication has been planned for April 6, 2003, from 11:00 a.m. to 2:00 p.m. He reviewed the following costs for the event: Regular Council Meeting 02/18/2003 18 169 Food (BBQ Chicken, cole slaw, baked beans, rolls, cookies & soda for 200 people) $1,590.00 Hot Dogs with Sodas (for 150 people) $ 525.00 Entertainment (clown, characters, magician, bounce house, bubble machine, balloons) $1,000.00 Gifts (pencils, cups, Frisbees, bags, toys) $1,000.00 Tent, Tables, Chairs, & Invitations $1,500.00 Mr. Treppeda advised that there is a Special Events line item in the budget for this. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve $5,615.00 for the above listed items, for the Bal Harbour Park Dedication Event. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mayor Tantleff ave; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following recommendations, made by the Resort Tax Committee, at their meeting on February 13, 2003: 1. GMCVB Media Fam Tour (March 28) $ 3,000 (10 U.S. & International Journalists — Cost includes meal, talent, and collateral) 2. Travel Agents Fam Tour — Latin America (March or April) $ 8,000 (Host top producing travel agents from Mexico, Argentina & Chile) (Cost includes airline tickets, meals and ground transportation) 3. In -Country Sales Events in Argentina and Chile (April) $12,000 (Host events for travel agents in Buenos Aires, Argentina and Santiago) (Cost includes venue rental, food&beverage, invitations, prize trips, travel expenses) TOTAL: $23,000 A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve $23,000.00, for the above listed Resort Tax Committee Items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mavor Tantleff ave; Councilman Gorson ave: Councilman Jacobi aye; Councilman Roth ave. 11. OTHER BUSINESS: Babak Raheb, resident — 128 Balfour Drive, thinks that when Assistant Mayor Tantleff appeared before the Civic Association he misled them when he asked them if they wanted their rights to be taken away, by letting the City handle this. He advised that no rights are being taken away from the Association and it will continue to perform as it has been doing, will continue to have meetings, will still have a voice, and will have everything it already has. Mr. Raheb stated that the question, in this regard, was whether the Association should have the exclusive rights to make contract negotiations. He advised that it has been 6 months since competing bids have been received, for security companies, and Mr. Rudolph (Civic Association President) has mentioned that the Association is unable to review them, because they are not security experts. Mr. Raheb stated that the contract with the Civic Association gives the people who are not security experts, who are volunteers, the ability to make decisions, regarding the security of the people who live there. He thinks that, after September 11th, it is a very important issue and thinks that the Council should not just bypass the responsibility regarding security and hand it to the people who are not experts in the field. Mr. Raheb thinks that it's also a question of law and thinks that it's very Regular Council Meeting 02/18/2003 19 170 unusual for the Village to go to the person that they employ (the Civic Association), when they are not performing their duties, and ask them if they should fire them. He stated that Assistant Mayor Tantleff is saying that they took a vote not to be fired. Mr. Raheb stated that the contract is not being enforced the way that it is. He advised that when the previous Council passed the resolution in 1986, they specifically put in an oversight committee, in the form of the Village Manager, to make sure that certain things were done. Mr. Raheb stated that the Village Manager was to give written approval of every contract and everything the Civic Association does must be overseen. He advised that hasn't been done and that job has been ignored by the Village. Mr. Raheb stated that the 1986 resolution is also part of the 1992 resolution (464), which states that the Village administers this with an agreement and then collects the money. He thinks that if the Village doesn't perform one part of that, then as a citizen he could say that the Village isn't doing its job and question why the Village should be paid any money. Mr. Raheb's concern is that nobody will ever lose their rights and, if the Council or Village Manager decide to negotiate a contract, then the residents can still come before the Council and make their opinions known, the Civic Association Board can meet and still make their recommendations of what they believe and make a presentation, and the Council will take it into consideration. Mr. Raheb doesn't want the Council to misunderstand that the rights of people would be violated if they don't get to negotiate the contract with the security company. He wants, since the Village has the capability of the police department security expert, to handle the security, which is an important issue, and not leave it in the hands of volunteers, who by their own admission are not security experts. Deputy Chief Tom Hunker advised that the report is almost done and it will be presented at the next meeting. Deputy Chief Hunker reported that there are some things in the police department that need to be rectified and would like an opportunity to show the members of the Council or Mayor what some of those things are; maybe see some other police departments to compare what the Village has. He requested that the Council assign someone to assist them in that. Assistant Mayor Tantleff advised that he will assist. Mr. Treppeda clarified that Deputy Chief Hunker is talking about the actual facilities that the police officers work in. Brian Mulheren, resident — Carlton Terrace, thinks that the police department needs to be evaluated, because he thinks they need a larger facility, larger investigative staff than one detective, and more public service aides. He thinks that the manning levels should be increased and that they should have a canine unit. Mr. Mulheren thinks there should be coordinated efforts between Surfside, Bal Harbour, Bay Harbour, Miami, etc. ensuring that there will be canine units available on all shifts, to be used for the different local police departments. He thinks that communications between the fire and police should be looked at, because right now they can't talk to each other. Mr. Mulheren discussed problems with people needing help when calling 911 and not knowing where they are. He suggested putting the addresses on the back of the buildings, or street locations, on the ocean side. Mr. Mulheren stated that the fire department needs to know how to access the locations on the beach and should be training to do that. He thinks that aviation (helicopter) should also be addressed. Mr. Mulheren doesn't expect Bal Harbour to have a helicopter, but thinks that it can ask to get the different local governments or federal law enforcement or the state involved. Councilman Roth suggested bringing some of Mr. Mulheren's ideas up at the Dade County League of Cities meeting (communication between fire and police), because Regular Council Meeting 02/18/2003 20 171 other cities probably have the same problem. Mara March, resident — 162 Park Drive, expressed her concerns in the Security District about safety. She stated that, with the recent robbery, she feels very vulnerable and thinks there's a false sense of security with what they currently have at the gate. Ms. March stated that, for the past 5-6 months, nothing has been done about it and she would like to see this move forward. She thinks that it has been stalemated at the Association meetings and she would like to see the Police Department make some recommendations and do something about this. Deputy Chief Hunker advised that a presentation will be made at the next Civic Association meeting (March 4). Mr. Raheb gave a copy of the Security District contract to Mr. Weiss and stated that the present agreement with the Civic Association says that all of the laws of the State of Florida must be followed in its process and going to Dade County. He wants Mr. Weiss to look at it and have it on file, because when there is a contractual agreement, there are certain things that he wants to make sure, whether it's changed or modified, to make sure that it follows the State ethics, financial and sunshine laws. 12. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Jacobi to adjourn. The motion carried unanimously (5-0), and the meetin2 adjourned at 11:30 a.m. Mayor Howard J. Berlin Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 02/18/2003 21