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HomeMy Public PortalAbout1999-04-20 Regular Meeting94 COUNCIL MINUTES REGULAR MEETING - APRIL 20. 1999 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 20, 1999, in the Council Chambers at Bal Harbour Village Hall. The meeting was called to order at 3:03 p.m. by Mayor Hirschl. Those present were: Also present: Mayor Andrew Hirschl Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour "Sy Roth Assistant Mayor Daniel Tantleff, Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attomey 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 Cheryl Goldberg. 3. Approval of Minutes: A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to approve the minutes of the March 16, 1999, Regular Council meeting, as submitted. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations: Officer of the Month — Officer Michael Daddario and Officer Steven Goldberg: Chief Larry Freeman announced the Officers of the Month for March 1999 are Officer Steven Goldberg and Officer Michael Daddario. Officer Goldberg was selected for his apprehension of two felons with extensive criminal pasts thereby preventing possible thefts in Bal Harbour. Officer Daddario was selected for his quick actions in utilizing his Automatic External Difribulator (AED) thereby playing a vital role in keeping a heart attack victim in Surfside alive. Officer Goldberg was not present at the meeting due to an illness. Chief Freeman presented Officer Daddario with an Officer of the Month plaque. Mayor Hirschl presented Officer Daddario with a check on behalf of the Village. Chief Freeman will present a plaque and check to Officer Goldberg on behalf of the Village. Officer of the Year: None S. Ordinances Second Reading/Public Hearing: I Assistant Mayor Tantleff left the meeting after the discussion of changing medical insurance. Regular Council Meeting 04/20/99 I 95 An ordinance was read, by title, by the Village Clerk, amending various provisions of the Bal Harbour Village Code relating to height, setbacks, signage, landscaping, and other appearance related standards. Mayor Hirschl opened the public hearing. Carter McDowell, representing the Bal Harbour Club, questioned the new definition of lot coverage, how that relates to what the current regulations are, and if it applies to the ocean front properties. It appears that it may extend the definition of lot coverage to include driveways and other things that have not traditionally been considered lot coverage. Michael Miller, Village Planner — Craig A. Smith & Associates, stated the Village currently has restrictions in the Code about the building sitting on the ground. This is a new restriction as to lot coverage as to all impervious areas that would be applied citywide. Mr. McDowell stated if the Village has decided that lot coverage should include all impervious surfaces such as pool decks, driveways, and fountains, that it needs to be understood what that means in terms of lot coverage and what buildings can be built on the remaining lots in the Village. Because if they're taking a definition that now only deals with the building footprint and parking garage footprint as lot coverage and now extending it out to all the paved surfaces as being counted toward lot coverage, he's not sure that's what the Village is intending to do. But, it clearly has a major impact on the ability to develop on what is otherwise a re -developable property. Mr. McDowell asks that if that is intended to cover the Club property, that either that section is deferred or not made applicable until the impact of it is understood. He understands it for the Single Family District, but not for the Multi -Family properties. Mr. Miller responded each individual zoning district has a specified percentage right now and this is just a definition that defines what lot coverage is and no percentages are being changed. Mr. McDowell is concerned that the implications are not fully understood and the Village may be discouraging people from providing facilities that would be wanted such as pavers, brick walkways, etc. that would otherwise be recreation facilities. In essence they're trading building area for amenities when it becomes lot coverage. Mr. Weiss clarified that Mr. McDowell understands the percentage is not being changed of lot coverage permitted in each area. Mr. McDowell is dealing with what definition is currently used for lot coverage. Mr. Miller stated currently it's the building and the driveway and there has been a gray area on all the other. Mr. Nieda stated the issue was for the lot coverage in the residential district, they didn't have any other impervious areas other than the building footprint defined. This is saying is that they're now going to count driveways and impervious areas such as pool decks. In terms of the multi -family district, the Code does say that any parking structure has to be landscaped, so in effect that's where the tennis court and pool deck would be in most high rise applications. Assistant Mayor Tantleff suggested limiting this to the residential area. Councilman Boggess suggested adopting it with the understanding that it may have to be re -visited. Mayor Hirsch) stated zoning changes need to be tried and if there's a problem, it will be modified. Mr. Miller advised that the Post Office has approved what the Village is proposing for mailboxes. Regular Council Meeting 04/20/99 2 96 Martin Logan, 115 Camden Drive, suggested changing the limit on the chain link fence height from four feet to five feet. Mr. Nieda stated the Code requires four feet high fences only on the water front district and only on the side yards. Mayor Hirschl closed the public hearing. A motion was offered by Councilman Gorson and seconded by Councilman Roth to approve the ordinance amending various provisions of the Bal Harbour Village Code relating to height, setbacks, signage, landscaping, and other appearance related standards. The motion carried with the vote as follows: Mayor Hirschl aye: Councilman Gorson age; Councilman Roth age• Councilman Boggess aye; Assistant Mayor Tantleff aye. Thus becoming: ORDINANCE NO. 438 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING VARIOUS PROVISIONS OF CHAPTERS 5.5, "APPEARANCE CODE," 6, "BUILDINGS AND BUILDING REGULATIONS," 11, "NUISANCES," 15, "SIGNS,•' AND 21, "ZONING," OF THE BAL HARBOUR VILLAGE CODE RELATING TO HEIGHT, SETBACKS, SIGNAGE, LANDSCAPING, AND OTHER APPEARANCE RELATED STANDARDS FOR PROPERTIES WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, PENALTY, AND AN EFFECTIVE DATE. An ordinance was read by title, by the Village Clerk, amending Section 21-53 of the Bal Harbour Village Code to change the standard that must be met for granting variances to the "unnecessary hardship standard." Mayor Hirschl opened the public hearing. Clifford Schulman, 1221 Brickell Avenue, representing AVA Development, expressed the concerns of AVA Development regarding the ordinance. Mr. Schulman stated that he has submitted a letter to Mr. Weiss outlining their argument against the ordinance. Mr. Schulman stated on behalf of his clients he wants to inform the Village that they believe that the passage of this ordinance would be a denial of their due process, equal protection rights, and their property rights regarding the Beach Club parcel and that they reserve all of their abilities to serve and move forward with any other remedies that they may have because they believe that this may significantly devalue that particular property. The ordinance is selective as to whom it is being applied against and therefore it will be thrown out on equal protection ground. Lastly, its just not good planning and they think the Village will turn around someday and regret that a variance can't be granted for a plan in the Single -Family neighborhood or on the beachfront. They hope that the Council will reject the law and go with the original suggestions regarding modifications in the Single -Family District and leave this ordinance alone. Stanley Whitman, Developer of Bal Harbour Shops, pointed out to Mr. Schulman that there was a good and valid reason for taking the Business Section (the Shops, the Bank, the Church, and Village Hall) out of the Ordinance. Since the Business Section was not included in the original planning of the Village, the Council decided to zone those properties so that a variance would be required for anything that was built. Carter McDowell, representing Bal Harbour Club, Inc. and Joseph lmbesi, stated the whole Village is developed under a particular variance standard, which is a non-use and Regular Council Meeting 04/20/99 3 non -hardship standard. All of the buildings that have been built along the oceanfront for decades have been built under that standard and it isn't fair or appropriate to change that standard now. As far as he's aware, there aren't any ocean front buildings that have been built in the recent past that have not required variances. Mr. McDowell asked the Council not to change the standard and thinks its not appropriate or fair and the Council would be tying their hands from potentially accepting and/or approving good design. It's counter- productive to have the Shops at high density next to low density and medium density residential. It will be taking the away the ability of the Council in the future to make decisions on variances. Councilman Boggess discussed the variances that have been granted over the past twelve years. Councilman Boggess is concerned about the restrictive nature of the ordinance. Councilman Boggess is for doing whatever is necessary to improve the Village but he doesn't want to tie the Council's hands when it comes to good architecture and improving. For that reason, he will probably be against this ordinance. Mr. Weiss explained that most jurisdictions do have a hardship standard for variances. The County does have the Village's standard and the reason that the Village has the standard is because Allen Gold, who wrote this, came out of the County Attorneys office. Most jurisdictions that Mr. Weiss represents have a hardship standard for variances. Right now, the Village has a compatibility standard, a practical difficulty standard, which makes it easier to grant variances. Mayor Hirschl stated the concern is that future Councils may not be as strong in defending the Code that exists in the Village. Creating a hardship standard would eliminate the variation that the Council could engage in. Mr. Weiss stated by adopting the standard, the Council is saying that they're comfortable that the type of development that will occur in the Village will be done under the current Code provisions. It will be under a very unusual case that a variance will be granted. By keeping the current standard, the Council is saying they're not sure that the type of development it wants to be built can be built and they want to give the Council more flexibility in varying from the standards. Mayor Hirsch) closed the public hearing. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve Ordinance 439 amending Section 21-53 of the Bal Harbour Village Code to change the standard that must be met for granting variances to the "unnecessary hardship standard." The motion carried with the vote as follows: Mayor Hirschl aye; Councilman Gorson aye; Councilman Roth aye; Assistant Mayor Tantleffave: Councilman Boggess nay. Thus becoming: ORDINANCE NO. 439 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 21-53, "SAME GRANTING GENERALLY; AUTHORITY OF COUNCIL," DIVISION 2, "AMENDMENTS; ZONING CHANGES; VARIANCES," OF ARTICLE II, "ADMINISTRATION," OF CHAPTER 21, "ZONING," OF THE VILLAGE CODE TO CHANGE THE STANDARD THAT MUST BE MET FOR GRANTING VARIANCES, IN ALL ZONING DISTRICTS OTHER THAN THE BUSINESS DISTRICT, FROM THE "PRACTICAL DIFFICULTY STANDARD" TO THE "UNNECESSARY HARDSHIP STANDARD," PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE AND PROVIDING FOR AN EFFECTIVE DATE. Regular Council Meeting 04/20/99 4 6. Ordinance First Reading: None 7. Resolutions: A resolution was read by title, by the Village Clerk, determining to make improvements to the Security District Guardhouse and entrance feature, and providing for special assessments. Mayor Hirsch) explained this resolution deals with changes that the Security District wants that requires the Village to act as the Board of Assessment. Dina Cellini, member and representative of the Bal Harbour Civic Association, asked that the resolution be passed. The Association has decided to build a new guardhouse and has selected a contractor. Some assessments will be passed on to the homeowners, and they've worked with the Village and they're comfortable with the time line that has been established. The Civic Association Board asks that the Council pass this resolution so that they can move forward and build the guardhouse. Dennis McGeary, Bel Harbour Manor, stated they have to go through the security gate to enter and exit their building. Mr. McGeary requested that when the Board decides on the plans that they keep the Bal Harbour Manor residents in mind. Councilman Boggess stated that has already been considered and the plans show that residents will not have to go through any gate to get to the Bal Harbour Manor driveway. Councilman Boggess questioned since the Village is advancing the money for this, where the money is coming from and if the Village is getting interest on it. Mr. Treppeda responded it is coming from cash in the bank and five percent interest is being charged, which is what the Village would lose. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the resolution determining to make improvements to the Security District Guardhouse and entrance feature, and providing for special assessments. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff aye. Thus becoming: RESOLUTION NO. 593 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, DETERMINING TO MAKE GUARDHOUSE AND ENTRANCE FEATURE IMPROVEMENTS WITHIN THE BAL HARBOUR VILLAGE SECURITY PROGRAM SPECIAL ASSESSMENT AREA ADOPTED PURSUANT TO RESOLUTION 464 OF BAL HARBOUR VILLAGE; PROVIDING FOR SPECIAL ASSESSMENTS; DESCRIBING NATURE OF IMPROVEMENTS AND BENEFITS; DESCRIBING LANDS SUBJECT TO SPECIAL ASSESSMENT; PROVIDING ESTIMATED COST OF IMPROVEMENT; PROVIDING FOR REPEAL OF RESOLUTION NO. 590 ON THE SAME SUBJECT; PROVIDING FOR AN EFFECTIVE DATE. 8. Discussion of Memorial for Son - James Ross: Mr. Ross explained he and his wife are residents of the Village. Mr. Ross explained their 2'/2 year old son passed away and they enjoyed walking with him along the path on the beach. They are proposing to build and pay for a bench along the West side of path on the beach in memory of their son. On behalf of the Council, Mayor Hirschl expressed condolences. The Council directed Mr. Treppeda to see what other municipalities may or may not do to Regular Council Meeting 04/20/99 5 99 see the legality to do something like that. This item was deferred for Mr. Treppeda to investigate and the Council will then make a decision on how the request can be accommodated by next month. 9. Update on Progress of Bus Furniture, Park, and Founders' Circle Conceptual Designs - Taft Bradshaw: Taft Bradshaw, Landscape Architect, 4337 Sea Grape Drive, Lauderdale by the Sea, presented and reviewed a concept plan to retrofit the Water Tank site into a proposed park. They are suggesting to move the sidewalk in and put in a double row of date palms so people are walking underneath the canopy of the palms. Within the confine of the retaining wall and going to the edge of a bridge it is suggested to put a fence that would be hedged and landscaped so the fence wouldn't be seen. On the inside of the park, they would take the same area that is now parking and accommodate seven cars. The park would be enclosed with a sliding gate. They are suggesting an open pavilion located next to the dock to create shade. There would be a 42-inch high enclosure around the play area. The basketball court would have a taller screen. The perimeter would then be landscaped with large clumps of coconut palms that will be illuminated. Mr. Bradshaw stated there's not enough room for a tennis court, but there's a possibility of having a practice wall at one end. Douglas Rudolph, 212 Bal Bay Drive, questioned if the park is visually closed off at ground level from the water. Mr. Bradshaw stated the water can be seen. Mr. Rudolph questioned if there is visibility inside the park from the street. Mr. Bradshaw responded very little. Mr. Rudolph questioned if this park is for Bal Harbour residents only. Mayor Hirschl responded the intent is a city funded and operated park. The thought is for it to be open daylight hours with a possible attendant, based on budgetary constraints, and open to only Bal Harbour residents and their guests. By funding it privately, it allows the Village to limit access to the facility. Stanley Whitman, Bal Harbour Shops, stated resort tax paid for the dock to provide transportation to the Shops and they would like to be reimbursed. Mayor Hirschl suggested Mr. Whitman bring it up at the Resort Tax Committee meeting. Howard Berlin, 67 Bal Bay Drive, stated when the Civic Association discussed a park they envisioned green space and the plans don't show a lot of traditional park -like green space such as benches and shade trees. The plans are great for basketball players and kids to play, and he would love to see both of those interests accommodated, but all the other interests have been neglected. Mr. Berlin questioned if it has to be a full basketball court. There may be a way to reconfigure some of the design because there are a lot of residents in this community that would like to use a park. Mr. Bradshaw suggested the introduction of some seating areas and some big shade trees to create more of a quiet space. Assistant Mayor Tantleff would rather have grass space where the basketball court is. Councilman Boggess questioned the need for this park. Mayor Hirsch) thinks it's a way to improve a piece of real estate that all the residents can enjoy. Mr. Rudolph thinks it's a fabulous park and it can be made to meet everybody's requests. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve Regular Council Meeting 04/20/99 6 100 the concept for the park as presented by Taft Bradshaw with the addition of benches underneath some shade trees. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth, Assistant Mayor Tantleff aye. Pat Tumpson, resident of 10185 Collins Avenue and president of the Plaza Board, questioned what happened with the benches that were taken out along the sidewalks. Mr. Bradshaw presented and reviewed the concept plans for proposed street furniture including benches, trash receptacles, etc. for specific areas. The instructions were to create bus shelters: one north of the entrance to the Sheraton, one on Collins Avenue on the Bal Harbour Shops side opposite Founders' Circle, and one on 96th Street against the Saks store. Mr. Bradshaw is recommending maintaining the existing paving pattern and introducing date palms. The bus shelters will be open pavilions and will use individual type seating as opposed to benches to prohibit people from laying down. The shelters are manufactured products as opposed to a custom design. The Resort Tax Committee had also recommended creating a shroud out of the same material for the newspaper stands. Mr. Bradshaw is suggesting the color to be black or dark green. Mr. Bradshaw presented the location of the sitting areas with no roofs. The shelters should only be used at the three sites in the business area. Mr. Bradshaw is recommending the introduction of portable planters that could be placed in the sitting areas. Stan Whitman, Bal Harbour Shops, clarified the shelters are provided where there are bus bays, which is when the bus pulls off the street. When the bus stops on the street, only seating will be provided at those bus stops. Assistant Mayor Tantleff stated in front of the Plaza there's a bus stop with a lot of people that he feels needs a bus shelter there. Shirley Fletcher, 9999 Collins Avenue, stated people have servants in their homes that have to stand in the rain waiting for a bus. The new shelters should have been ready before the old ones were torn down. Ms. Fletcher feels there should be more shelters. Cheryl Goldberg, 10185 Collins Avenue, questioned if there are only three main bus shelters. Mayor Hirschl stated the amount will be discussed shortly, only the concept was being discussed by Mr. Bradshaw. The presentation was for the Council to see the type of bench and enclosure being proposed. Ms. Goldberg questioned how the canopy will protect people from the sun and the rain. Mr. Bradshaw presented the brochure of the canopy and benches. Mayor Hirsch) stated that people are going to get wet when it rains and they even got wet in the enclosed bus shelters. Howard Berlin, 67 Bal Bay Drive, questioned if Mr. Bradshaw's proposal was to for the bus bay bus stop areas to get bus shelters and the other places where buses stop not to get shelters. Mr. Bradshaw responded yes. Mayor Hirsch) stated that Mr. Bradshaw's plan does not necessarily give the final amount and location of the structures. Mr. Berlin questioned the time frame on building the shelters. Mayor Hirsch) responded as soon as the Council agrees to the concept, numbers, etc. then they would go ahead with it. Mr. Berlin questioned if there's a philosophical reason to distinguish between a bus stop that's already been identified by Metro -Dade not to have a shelter because the buses are going to stop there. Mayor Hirsch) stated it's discretionary on the Council to provide them. Regular Council Meeting 04/20/99 7 101 Doug Rudolph, 212 Bal Bay Drive, thinks that there should be consideration given that many people are on the North side of the Village. Mayor Hirsch) explained the shelters were removed without the replacements there for safety reasons. Discussion of Bus Shelters — Councilman Gorson: Councilman Gorson reviewed the location for the bus shelters and explained they're not custom made so more can always be ordered. Mayor Hirsch) suggested having two on the East side and two on the West side in addition to the three that exist. Dina Cellini, 211 Bal Cross Drive, thinks that visually it would look nicer if all the bus stops have shelters. Stanley Whitman, Bal Harbour Shops, stated Bay Harbor has no bus shelters and Surfside has one at the grocery store. The Resort Tax Committee has voted twice on this issue unanimously to have three bus shelters. There's nothing wrong with a bus bench where there are bus stops with greenery to provide shade. Mayor Hirschl stated for the record at today's Resort Tax Committee it was not unanimous to have three bus shelters, Mayor Hirsch) voted against it. Pat Tumpson, 10185 Collins Avenue, is concerned about the senior citizens living in the buildings that use the buses and should have shelters. She thinks four is too much, three is adequate, and properly placed they will be fine. Ms. Tumpson requested that it not be cut down to two. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Tantleff to approve the concept design that Mr. Bradshaw presented for the design of the shelters, the benches, and trash receptacles, and that there be three main bus stops and two on the west side and two on the east side of the apartment buildings (total of 7). The motion carried with the vote as follows: Councilman Boggess aye; Councilman Corson aye: Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff aye. Mr. Treppeda clarified that the Council is going with the ones that Councilman Gorson circled on the East side, which is #3 and #6. Mayor Hirschl stated the Council can always add more if necessary. Mr. Bradshaw presented and reviewed the concept proposed for Founders' Circle. They are proposing the area to have a primary water feature. The Village has a lift station that must remain and they are proposing to do a raised planter around the lift station and put date palms in it illuminating them with heavy lighting. They would then have a water feature with a variety of water patterns. He is working with a company in Los Angeles called Wet Designs that design wonderful fountains that can be programmed. Mayor Hirsch) questioned about the Christmas tree. Mr. Bradshaw stated they could design the fountain to be in the shape of a Christmas tree during the holidays. It could be programmed to be designed to simulate that. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to approve the proposed concept for Founders' Circle as presented by Mr. Bradshaw. The motion carried Regular Council Meeting 04/20/99 8 102 with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth ave; Assistant Mayor Tantleff ave. 1O. Revorts and Recommendations: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff stated he has received a lot of complaints because the bus shelters were suppose to be removed, not the bus benches. Robert Wheldon, Public Works Director, stated no bus benches were removed. However, there were benches that were fastened to the shelters that were removed when the shelters were removed. Mr. Wheldon doesn't think there's a location on the oceanfront that doesn't have a bench. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Award of Bid for Guardhouse Project: Mr. Treppeda explained the Village went out to bid recently for the Guardhouse Project and five bids were received. Mr. Treppeda met with the Civic Association to review the bids and they recommended that the Village select E.W. Reed, which was the second lowest bidder. The first lowest bidder was unresponsive because they didn't submit a traffic plan that was required. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to award the bid for the Civic Association Guardhouse Project to E.W. Reed, Inc. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff aye. Date Palm Replacement: Mr. Treppeda explained he needs approval to replace one Date Palm in the amount of $4,900.00, which is the same bid price that the Village has had for awhile with Vila & Son. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $4,900.00 for Vila & Son to replace one Date Palm. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl ave; Councilman Roth aye; Assistant Mayor Tantleff ave. Award of Bid for Water Valve Replacement: Mr. Treppeda explained this project was brought before the Council in May 1998. The Council wasn't happy with the price of the project and at this point Mr. Treppeda is recommending using Craig A. Smith & Associates at $19,200.00 to do this project in the Security District. Mayor Hirschl explained that Craig A. Smith & Associates previously came in with an outrageous engineering fee. At that point, the Council stopped the process from occurring. Mr. Treppeda has informed the Council that they have now re -bid and the number is significantly less than the original number they suggested. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to award the bid for the Water Valve Replacement Project for $I9,200.00 to Craig A. Smith & Associates. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye• Councilman Roth aye; Assistant Mayor Tantleff aye. Purchase of Police Items with Forfeiture Funds: Mr. Treppeda Regular Council Meeting 04/20/99 9 103 explained that Chief Freeman has made a request to spend forfeiture funds on a cassette tape duplicator, two police strobe light boxes for the motorcycles, ten portable radio batteries, and a police memorial for up to $2,000.00. The total is $10,247,50. This does not cost the taxpayers anything and the funds come from a drug task force that the Village belongs to. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve a $10,247.50 expenditure of forfeiture funds. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl ave• Councilman Roth ave; Assistant Mayor Tantleff aye. Purchase of Spare Sewer Pump: Mr. Treppeda explained the Village has three pumps and the Public Works Director would like to keep one pump as a spare so the Village would not have to wait ten weeks to get one in the event one breaks. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $10,377.00 for the purchase of a back-up sewer pump. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson ave; Mayor Hirschl aye; Councilman Roth ave; Assistant Mayor Tantleff ave. Additional Fees to Auditor: Mr. Treppeda explained the Village had Arthur Anderson for approximately 20 years and recently the Village changed to Rachlin Cohen & Holtz. They performed the audit, but there were some extra items they ended up needing to perform to bring the Village up to date. They gave the Village a discount off the original amount of $15,781.00. There's an overage of $10,000 from the bid price. Mrs. Horton, Finance Director, explained Arthur Anderson had all of the Village's fixed assets depreciated straight line for 32 years. So, Rachlin & Cohen had to go back on the fixed assets, re-evaluate it all, and put it at the proper depreciation figure. Also, Arthur Anderson did not have the Village estimate the revenue that would come in from the State, utility taxes, because they said it was never done in the past. Rachlin & Cohen said it's the Auditor General rule that it should be done. So, they had to go back and make entries and adjust the fund balance for that. Mayor Hirsch) questioned Mrs. Horton if the fee is an acceptable number. Mrs. Horton responded yes because they had a lot of work to do to bring it up to date. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $10,000.00 for additional work done by Rachlin, Cohen & Holtz for the Village's annual audit. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mavor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff aye. Proposal to Conduct Property Inventory: Mr. Treppeda explained part of the auditor's recommendation was to conduct a property inventory every two years. While the Village has done them in the past, it was never kept up the way it should be and Mr. Treppeda wants to start doing that. There's a company that gave the Village a proposal to handle it for the Village, because there's not enough Village personnel to do it. The proposal is for $3,425.00. Rachlin, Cohen & Holtz were contacted and they thought this was a very good price. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $3,425.00 for The Valuation Advisory Group, Inc. to perform an inventory of all Village property as recommended by the auditor. The motion carried with the vote as follows: Councihnan Boggess aye; Councilman Gorson aye; Mavor Hirschl aye; Councilman Roth aye; Assistant Mavor Tantleff aye. Change Medical Insurance from John Alden Insurance to Florida Municipal Insurance Trust: Mr. Treppeda explained the Village has been with Regular Council Meeting 04/20/99 10 104 John Alden since October 1, 1998, which is now seven months. A lot of problems have been experienced since that time with claims going unpaid for up to 6 months and people being referred to collection agencies. The Village has given them this long to improve and there have been three meetings with them including one with the Vice President of the Company. Mrs. Horton stated they have gone too long paying claims and they would approve claims for pre -certification on different tests and then refuse payment. The main thing is the claims not being paid and people being turned over to collection. Mrs. Horton explained Chuck Wilde, Florida League of Cities, is here to explain a new proposed plan. Mayor Hirsch) questioned what happened with Steve Olsen who is the Village's advocate and should be here today. Mrs. Horton stated Mr. Olsen has done nothing. He has been sent all the copies and there have been meetings and phone calls. Now, calls are being referred to his secretary and he says he's doing what he can do, which is nothing. Mr. Treppeda stated when he requested from them to give the Village everything in writing what is happening and everything they're doing to correct it, he hasn't gotten anything. Mr. Treppeda doesn't think the Village is giving good insurance to the employees or the Council by staying with John Alden. Councilman Boggess stated he has been having terrible problems. Councilman Gorson stated she's had terrible problems. Mrs. Horton stated she is also getting complaints from the employees. Mayor Hirschl questioned if this has been reported to the Insurance Commission of the State. Mrs. Horton responded no. Councilman Boggess stated he has asked that the Village Attorneys be brought in on this and they go after these people. Mr. Weiss stated the insurance should first be straightened out. Then, a memo should be sent out to employees to see what things are pending. Then, the Village should write a letter to John Alden. Then if the Village is not successful, the Village Attorneys can get involved. Mayor Hirsch) requested that Mr. Weiss oversee that with Mr. Treppeda. Mayor Hirsch) stated for the Village to make a switch for the next five months will cost $25,000.00. Mr. Treppeda stated there are contingencies in the budget. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve switching health insurance coverage from John Alden Insurance to Florida Municipal Insurance Trust for $25,000.00 and for the Village to do what it can to remedy the problems for the employees and everybody on the insurance. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye: Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff aye. Chuck Wilde, State League Representative for the Florida League of Cities for South Florida, explained they have a new health plan that has only been effective since September 1st and has gotten tremendous response. The claims are being turned around in about two weeks. Mr. Wilde feels they can have it in effect by May 1, 1999. Change Orders 1 through 7 for Public Works Facility Repairs Project: Mr. Treppeda explained this project has been going very smooth and they have been happy with Coral Tech's performance. There are some change orders, most of which were requested by Mr. Wheldon for different things that he noticed he wanted improved during construction. The total change orders are $7,996.00. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $7,996.00 for Change Orders #I though #7. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff absent. Regular Council Meeting 04/20/99 1l 105 Schedule Date for Joint Workshop Meeting with Bay Harbor Islands Town Council: Mr. Treppeda explained that Bay Harbor Islands would like to hold a joint workshop meeting regarding the traffic problems are 96th Street. Mayor Hirsch) reminded the Council about the importance of this issue. Mr. Treppeda stated they want an evening meeting on any date except Friday. Mr. Treppeda will contact Council members to arrange a date. Stanley Whitman reported he met with Congressman Bill Lehman and George Berlin, the Developer of Aventura. He had a subsequent meeting with Mr. Berlin and he is going to take this case before the MPO Metropolitan Planning Organization. The Village won't get anything done without their blessings. Ken Vorce's study for Bay Harbor Islands shows conclusively that this improvement is not an improvement and is contrary to what D.O.T. has come up with. Mayor Hirsch) requested that Mr. Whitman also attend the Joint Workshop Meeting with Bay Harbor Islands. Architectural Review Board Letter of Interest to Serve: Mr. Treppeda explained he received a letter from Giorgio Balli, who use to be a member of the Architectural Review Board. Bill O'Leary recently resigned from the Village's Review Board and Mr. Treppeda wasn't sure if the Council wanted another landscape architect to take Mr. O'Leary's place. Mr. Balli was a very good person on the Board and he would like to come back. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to appoint Giorgio Ball to the Architectural Review Board. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff absent. D.O.T. 961h Street Draina�e Improvements Project: Mr. Treppeda explained D.O.T.'s plan for drainage on 96 Street was to raise the road up from three to four feet in some places, which would tear up the whole sidewalk and streets. They would then bank the swale areas and there would be a ditch. Mr. Treppeda met with Mr. Whitman and D.O.T. on this issue. D.O.T. has come up with an altemate plan where they would use two drainage pumps and they would not need to bank the swales anymore. Surfside has refused at this point to put any money towards maintenance of the pumps, which D.O.T. will require before even considering that option. Councilman Boggess questioned what the estimated life of the pumps is with proper regular maintenance. Mr. Treppeda responded about 20 years. Councilman Boggess would like Mr. Treppeda and Mrs. Horton to come up with a proposal of how much money should be set aside on an annual basis for a replacement fund. Mr. Treppeda stated most cities have a stormwater utility where x amount is tacked onto every water bill. Mayor Hirsch) would like to talk more about that before getting into it. The concept is what should be decided today to move forward with the agreement and tell D.O.T. that the Village will maintain the pumps. Councilman Boggess thinks that the Village needs to tell D.O.T. yes and then figure out the details later. A motion was offered by Councilman Boggess and seconded by Councilman Gorson to approve the agreement with D.O.T. that Bal Harbour will maintain the storm drain pumps. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff absent. Recommendations of Resort Tax Committee: Mr. Treppeda explained at the regular meeting today, the Resort Tax Committee recommended approval Regular Council Meeting 04/20/99 12 106 of the following items: Mr. Weiss stated Item 1 (concept for bus shelters and benches) and Item 2 (concept for Founders' Circle) have already been approved. Mr. Treppeda stated the Resort Tax Committee has recommended that the Village hire Ron Book and Mr. Treppeda is to negotiate a price with him. This is a result of the straw ballot issue that was brought before the voters, where the voters overwhelmingly approved for the Village to attempt to raise the cap on the bed tax from 4 percent to 6 percent. Mayor Hirsch) stated the Committee had determined that Ron Book is the man for this specific purpose. It's not an employee arrangement, it's an independent contractor arrangement for this one specific project. Rather than get some other lobbyist that the Village would train to get to this level, Mr. Book would be the individual to get the result the Village wants. Mr. Weiss stated it would be for the next legislative session, which begins next year. A motion was offered by Councilman Gorson and seconded by Councilman Roth to approve the engagement of Ron Book to sit with Mr. Treppeda and work out an arrangement as lobbyist for the Village. The motion carried with the vote as follows: Councilman Boggess nay; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff absent. Item 4 Recommend approval of $2,500.00 for promotional items for the Director of Tourism to give out at trade shows. Item 5 Recommend approval of $4,207.00 for 500 promotional danglers Item 6 Recommend approval of $8,329.00 for the following trade shows for the Director of Tourism: 1. Northeast Regional ASTA Conference (NY, NJ, CT) 2. Great Americas Regional (Miami) 3. New York Blitz 4. Florida Sales Calls (Naples, West Palm Beach) Item 7 Recommend approval of two FAM trips handled by Public Relations Consultant Alice Fisher: 1. National News Bureau Syndicated (Air Fare, food, rooms - $2,500.00) 2. Canadian FAM for writers for Mississauga Living, Laesider, and Etobicoke Living (Upscale Toronto Suburbs - $2,500.00) A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $20,036 for items 4, 5, 6, and 7. The motion carried with the vote as follows: Councilman Boggess aye; Councilman Gorson aye; Mayor Hirschl aye; Councilman Roth aye; Assistant Mayor Tantleff absent. 11. Other Business: Cheryl Goldberg, resident 10185 Collins Avenue, discussed her concerns about the condition and maintenance of the beach. Ms. Goldberg suggested that the Council appoint an advisory beach committee to help the upkeep and preservation of the beach. Ms. Goldberg requested that she be able to chair Regular Council Meeting 04/20/99 13 such a committee. Mayor Hirsch) responded that he would like to institute the concept that each Council member tackles an area of the Village. Ms. Goldberg's input and interest has been noted, and Mayor Hirsch) plans on re -vamping some of those areas and allowing the Council a little bit more direct input to report back. At this point, Mayor Hirschl asked Ms. Goldberg to be patient that the Council is working towards that goal. 12. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Gorson and seconded by Councilman Roth to adjourn. The motion carried unanimously (4-0), with Assistant Mayor Tantleff absent, and the meeting adjourned at 5:40 p.m. Mayor Andrew Hirsch) Attest: J nette Horton, MC/AAE )age Clerk /elw Regular Council Meeting 04/20/99 14 107