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HomeMy Public PortalAbout1999-02-16 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - FEBRUARY 16. 1999 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 16, 1999, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:04 p.m. by Mayor Spiegel. Those present were: Councilman James Boggess Assistant Mayor Andrew Hirschl Councilman Peg E. Gorson Mayor Estelle Spiegel Councilman Daniel Tantleff Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Stephen Helfman, Village Attorney David Wolpin, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Councilman Boggess. 3. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve the minutes of the January 19, 1999, Regular Council meeting, as submitted. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations: Special Masters — Darcee Siegel and Russell Mace: Mayor Spiegel presented Darcee Siegel and Russell Mace with plaques in appreciation of their service as Special Masters for the Village. Assistant Mayor Hirschl suggested Ms. Siegel and Mr. Mace meet with Mr. Treppeda and let the Council know if any changes could be made to the Code so that certain violations aren't repeated. Officer of the Month: None S. Ordinances Second Reading/Public Hearing: None 6. Ordinances First Reading: Village Attorney Stephen Helfman explained this is the first reading of an ordinance relating to the Bal Harbour Beach Club and relates to the ongoing litigation that the Village is involved with over the Club. Mr. Helfman explained this is not the public hearing and is not the adoption stage of the ordinance. The ordinance was read, by title, by Mr. Helfman providing for rezoning from the "PC" Private Club Zoning District to the "OF" Ocean Front Zoning District of the "Beach Club Site." Regular Council Meeting 02/16/99 1 73 74 Mr. Helfman explained this is not a public hearing and there may be a public hearing once the case has been disposed of. It is the Village Attorney's recommendation at this time that the Council pass this ordinance on first reading, A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to approve the ordinance providing for rezoning from the "PC" Private Club Zoning District to the "OF" Ocean Front Zoning District of the "Beach Club Site." The motion carried with the vote as follows: Councilman Boggess ave; Assistant Mayor Hirschl aye; Councilman Gorson aye; Mayor Spiegel aye; Councilman Tantleff aye. Thus becoming: ORDINANCE NO. 437 AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, PROVIDING FOR REZONING FROM THE "PC" PRIVATE CLUB ZONING DISTRICT TO THE "Or OCEAN FRONT ZONING DISTRICT OF THE "BEACH CLUB SITE SHOWN AS TRACT "A" ON THE PLAT OF "OCEAN FRONT SECTION OF BAY HARBOR" RECORDED IN PLAT BOOK 44, AT PAGE 27, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LOCATED AT 10201 COLLINS AVENUE IN BAL HARBOUR; AMENDING SECTION 21-78 "DISTRICT MAP," SECTION 21-147 "BOUNDARY DESIGNATION" AND SECTION 21-282 "BOUNDARY DESIGNATION" OF CHAPTER 21 "ZONING" OF THE BAL HARBOUR VILLAGE CODE TO REFLECT THE REZONING OF THE PROPERTY AS DESCRIBED ABOVE; PROVIDING SEVERABILITY; PROVIDING EFFECTIVE DATE. 7. Traffic Study Update - Ken Vorce: Mr. Treppeda explained there was a study conducted that was paid for by Bay Harbor that Bay Harbor has not heard yet. It would not be right for Bal Harbour to hear the Bay Harbor study before they do; therefore, this item will be deferred until next month. 8. Annual Audit Report - Rachlin Cohen & Holtz: G. Jerry Chiocca, Rachlin Cohen & Holtz, explained his firm audited the Village and proceeded to present the first report. Mr. Chiocca reviewed the Report of Independent Certified Public Accountants and explained that due to the Year 2000 problem, the Government Accounting Standards Board has taken an unprecedented action of requiring all municipal pension plans to have a "qualified opinion." Mr. Chiocca reviewed the Balance Sheet. He explained the total assets of the Village are $34,103,000 compared to $2.6 million in liabilities, leaving a $31.4 million fund balance. In reserve there's almost $10 million in employee pension benefits, tourist development $1,800,000, beach restoration $1,400,000, etc. There is a $1.2 million undesignated fund balance for whatever legal purposes the Village has. Mr. Chiocca reviewed the Combined Statement of Revenues and Expenditures. He explained the General Fund has excess revenue of $135,000 for the year. Mr. Chiocca reviewed the Comparison of the Budget to Actual Expenses. He explained the Village's Charter and State statutes require the General Fund and Special Revenue Fund to have a balanced budget. He stated there is a $578,000 excess of revenues over the expenditures, so the fund balance is increased by over a half a million dollars this year because the fund balance was not used to pay any expenses. Mr. Chiocca reviewed the Report of Independent Certified Public Accountants on Compliance and on Internal Control over Financial Reporting and explained there were no matters involving the internal control over financial reporting that they consider to be material weaknesses that should be reported to the Village. However, there were certain matters that they felt should be reported to the Village to increase efficiency. Mr. Chiocca reviewed the Management Letter required by the State of Florida. He explained there were no Regular Council Meeting 02/16/99 2 inaccuracies, irregularities, shortages, or defalcations during the year. During the year 1998, the Village was not in a state of financial emergency and had no deficit funds. During the course of their audit, nothing came to their attention that caused them to believe the Village was in violation of any laws, regulations, or contractual provisions, or made any illegal or improper expenditures, etc. Mr. Chiocca reviewed some of the Management recommendations and stated the Village staff has responded to all of them. He explained the "Year 2000" software issue is a concern of everyone. There were some problems with the pooled cash system because it was not reconciled on a monthly basis and there were some outstanding checks. They recommended that new bank accounts be opened October 1st and the old ones cleared out, which has been implemented. Mr. Chiocca suggested the Village's accounting consultant come in once a month to review the records and keep them up to date. Ms. Horton stated Dan Herring, CPA, is now coming in once a month to do so. Mr. Chiocca stated the other recommendation was on the physical inventory of the fixed assets and to record some of the receivables and payables on a more current basis, on the accrual basis, which some are required to be on rather than a cash basis. Mr. Chiocca reported these things have already been worked on with Ms. Horton and the staff. Mr. Chiocca thanked Ms. Horton and Mr. Treppeda for their professional attitude during the audit. Mayor Spiegel and Councilman Boggess commended Mr. Chiocca on the report. Assistant Mayor Hirsch) requested that Mr. Chiocca follow up on the recommendations that were made to see that the items are implemented. Mr. Chiocca stated they are required to do so. Mr. Chiocca stated the items have either already been implemented or are in the process of being implemented. Mr. Chiocca stated they could come in the end of April and make a report. Mr. Chiocca stated the inventory of fixed assets would take until about September 30th. Ms. Horton reported the bank accounts were separated October 1st, and are being reconciled monthly now. Mr. Treppeda reported previously everything was in one account and they are now in separate accounts (water, sewer, etc.). A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to accept the audit. The motion carried with the vote as follows: Councilman Boggess aye; Assistant Mayor Hirschl aye: Councilman Gorson aye; Mayor Spiegel aye; Councilman Tantleff aye. 9. Resorts and Recommendations: A. MAYOR AND COUNCIL: None B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Interlocal Agreement with Miami -Dade County for the Provision of Transportation Services: Mr. Treppeda explained the Village started a bus service recently and section 31-113 of the Miami -Dade Code requires that the Village adopt an interlocal agreement with Dade County because they regulate municipalities that have a bus service. Mr. Treppeda recommends approval of the interlocal agreement; however, there may be some minor changes to it before it is executed. Therefore, the motion should be made that any changes would need to pass by the Village Attomey prior Regular Council Meeting 02/16/99 3 76 to execution. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to authorize the Village Manager to enter into an Interlocal Agreement with Miami -Dade County for the provision of bus service to Bal Harbour residents with the stipulation that any changes made to the agreement be approved by the Village Attorney prior to execution. The motion carried with the vote as follows: Councilman Boggess aye; Assistant Mayor Hirschl aye; Councilman Gorson; Mayor Spiegel aye; Councilman Tantleff ave. Purchase of Lawnmower for Public Works: Mr. Treppeda explained one of the lawnmowers is six years old and needs to be replaced. There is a state bid price of $7,537.49 and there is $8,000 budgeted for this item. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to approve $7,537.49 for the purchase of a riding lawnmower for the Public Works Department. The motion carried with the vote as follows: Councilman Boggess aye; Assistant Mayor Hirschl aye; Councilman Gorson; Mayor Spiegel ave; Councilman Tantleff ave. Authorization to Purchase Signs for Village Hall: Mr. Treppeda explained Village Hall needs directional signs and signs to identify each office. Mr. Treppeda displayed the type of sign selected. Brad Krueger, A.S.I. Sign Systems, explained the signs selected come with an ADA (Americans with Disabilities Act) panel on it with a raised copy in Braille. The signs will be hung on the door handle side at 60" on center. Mr. Krueger displayed how the sign is mounted on the wall. Mr. Krueger stated they could do a wall panel that has the raised copy in Braille for an additional price. Mr. Treppeda will speak with A.S.I. Sign Systems regarding an additional wall directional sign. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve $10,735.88 for the purchase of room identification and interior/exterior directional signs for Village Hall. The motion carried with the vote as follows: Councilman Boggess aye; Assistant Mayor Hirschl aye; Councilman Gorson aye; Mayor Spiegel aye; Councilman Tantleff Approval of Bidding and Construction Administration Phase for Guardhouse Project: Mr. Treppeda explained the Civic Association has been working with C.A.P. Engineering, which hired Tawfik & Rosabal as a sub -consultant. They are just about to finish the construction documents phase and would like to move the project along. At this point, they would like approval of the bidding and construction administration phases for a total of $7,996.80. The Civic Association recommends approval of this, which will be paid for by Security District residents. Mr. Treppeda explained the financing for the next phase is being worked on because once it is put out to bid, the Security District will not have enough funds in their fund balance to pay for the construction of the project. Assistant Mayor Hirsch) questioned if funds for this item are in the budget. Mr. Treppeda and Ms. Horton responded yes. Mr. Treppeda responded there's approximately $30,000 in the fund balance to start this. A motion was offered by Councilman Tantleff and seconded by Councilman Boggess to approve $7,996.80 for the bidding and construction administration phases of the Guardhouse Project. The motion carried with the vote as follows: Councilman Boggess aye; Assistant Mayor Hirschl aye• Councilman Gorson aye; Mayor Spiegel aye; Councilman Tantleff aye. Regular Council Meeting 02/16/99 4 2. Fees for Trade Show Booth at La Cumbre ($2,250.00) 3. Fees for FAM Trip/Maritz Travel from New York (Up to $1,600.00) 4. Fees for Membership to ASTA - American Society of Travel Agents ($395.00) 5. Participation in Cruisefest Travel Showcase ($899.00) 6. Advertising Danglers for Travel Agencies (Up to $3,000.00) 7. Director of Tourism Expenses for March/April/May 1999 ($33,880.00) A motion was offered by Councilman Tantleff and seconded by Assistant Mavor Hirschl to approve the recommendations of the Resort Tax Committee. The motion carried with the vote as follows: Councilman Boggess aye; Assistant Mavor Hirschl aye; Councilman Gorson aye; Mayor Spiegel aye; Councilman Tantleff aye. 10. Other Business: None 11. Ad ours: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Tantleff to adiourn. The motion carried unanimously (5-0), and the meeting adiourned at 4:05 p.m. ayor Estelle Spieg Atiest. anette Horton, "CMC/AAE Village Clerk /elw Regular Council Meeting 02/16/99 7