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HomeMy Public PortalAbout2000-12-19 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - DECEMBER 151 2000 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 19, 2000, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:04 p.m. by Mayor Hirsch!. Those present were: Also present: Mayor Andrew Hirsch! Assistant Mayor Daniel Tantleff Councilman James Boggess Councilman Peg E. Gorson Councilman Seymour Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Councilman Roth. 3. Approval of Minutes: Mr. Weiss explained that the minutes for the November 21, 2000, meeting of the Local Planning Agency need to be approved at a Local Planning Agency meeting, not at a Council meeting. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve the minutes of the November 21, 2000, Regular Council Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4• Presentation - Officer of the Month: None S. Public Hearings: None 6. Ordinances Second Reading/Public Hearing: An ordinance was read, by title, by the Village Clerk, amending Chapter 2 of the Village Code by replacing Article VI. Mayor Hirsch! opened the public hearing. There being no comments, Mayor Hirschl closed the public hearing. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO.459 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE Regular Council Meeting 12/19/2000 1 91 92 VILLAGE CODE BY AMENDING CHAPTER 2, "ADMINISTRATION," TO REPEAL ARTICLE VI AND REPLACE IT WITH A NEW ARTICLE VI " QUASI- JUDICIAL PROCEDURES," PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE. 7. Ordinances First Reading: An ordinance was read, by title, by the Village Clerk, assessing fees for telecommunications companies. Mayor Hirschl opened the public hearing. Gary Resnick, Village Attorney — Weiss Serota Hellman Pastoriza Guedes, addressed the Council. He explained that last year the Legislature passed the Communications Services Tax Simplification Law, which will change the way the Village will regulate telecommunications companies and receive compensation for use of rights -of -way. The Law prohibits local governments from entering into franchise agreements after January 1, 2001. As a result, the Village needs to have a mechanism in place to collect fees from telecommunications providers after January 1, 2001. This ordinance establishes the fees that telecommunications using the rights -of -ways will pay. He explained that the fees in the ordinance provide for 1% of gross revenue, which is the maximum allowed by State law for a telecommunications provider that is actually providing a service in the Village. For a telecommunications provider that's not going to provide service in the Village (lay conduit and then pass through the Village to provide service elsewhere) the ordinance provides for a fee of $500 per mile, which is also the maximum allowed by State law. Mr. Resnick explained that this is the first of two ordinances that will be brought to the Council for consideration. The second ordinance, which will be more comprehensive, is going to provide regulations for how they place their facilities in the rights -of -way, restoration of property after they do that, and require them to remove facilities if needed for Village or other public projects. Councilman Boggess questioned how it will affect the Village's revenues. Mr. Resnick stated that the new law is supposed to be revenue neutral, so it should be the same. He explained that if it isn't, then there's a mechanism in the statute for the Village to pass an ordinance to increase the tax rate that the Legislature is going to set. This ordinance sets the fees for January through October 2001. Commencing in October 1, 2001, the Legislature is going to set a tax rate that will become effective October 1, which will be the tax rate that every telecommunications operator in the Village pays. Mr. Resnick stated that the new law takes away the Village's audit ability. Mr. Resnick stated that they will check the telecommunications tax database that the Department of Revenue is using to make sure that the data is correct. There being no additional comments, Mayor Hirschl closed the public hearing. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL Regular Council Meeting 12/19/2000 2 RIGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 8. Resolutions: None 9. Reauest to Install Wireless Internet Eaulument in Municipal Rights -of -Way - Metri-Com, Inc-: Mr. Resnick explained that Metri-Com is not a telecommunications company, so they are not under the laws of Florida or the United States. He stated that they have requested permission from the Village to use the rights -of -way to install their facilities to provide wireless Internet service. Randy Lankford, Metri-Com, Inc., addressed the Council and explained that they are considered to be an information services company that provides access to the Internet. He explained that Metri-Com is asking to enter into a rights -of -way agreement with the Village to set up its ricochet wireless Internet system. He advised that this will give subscribers full Internet access from a laptop or home PC by means of a small modem that attaches to the computer, which will allow passengers in vehicles (up to 70 mph) to access the Internet. He explained that they will work off a 900-mega hertz radio that operates on an unlicensed radio frequency and is similar to a garage door opener. Mr. Lankford stated that they have started working on agreements in Palm Beach Counties and are working their way south. Mayor Hirsch) questioned how many other companies offer this. Mr. Lankford stated that they're the only one and they are 2-3 years ahead of the closest competition. Mr. Lankford displayed a radio and explained that they need the rights -of -way agreement to install the radios on cobra -head type light poles (not decorative poles). He explained that there would only be 3-4 in the Village and the purpose is for the mobility. Mr. Lankford stated that it was originally designed for a public works department. Other users include building inspectors, water & utilities, etc. to log on in the field and not have to come back to the office. Mr. Weiss explained that the purpose today is to find out whether or not the Council is interested. Mr. Resnick stated that Metri-Com has several agreements with municipalities in Broward and Palm Beach Counties. Mr. Lankford stated that they are waiting for approval from Miami Beach. Mr. Resnick stated that the municipalities get a 3% revenue as part of the agreement. Mr. Resnick stated that since this is not a telecommunications company, the Village has the right to refuse their request and can discriminate against them. Mr. Weiss stated the other issue is what will happen when other companies come along. Assistant Mayor Tantleff doesn't see how this applies to the Village now because most people will use their computers at home for a lower price. Mr. Resnick stated that it will allow access for people who have computers on boats. Mr. Lankford stated that this will be up and running in South Florida from Northern Palm Beach County to Key Biscayne, the Everglades and the Atlantic. It will eventually be nationwide. Mayor Hirsch) doesn't know if the Village should be the pioneer for this right now. Mr. Weiss suggested waiting. Councilman Boggess questioned how it will benefit Bal Harbour and its residents. Mr. Lankford stated that it will offer a 3% franchise fee, wireless service, and Bal Harbour would be a dead spot if it doesn't have them. Mr. Treppeda stated that Metri-Com can work with private property owners, such as high-rise buildings, if the Village doesn't approve this. Mayor Hirsch) thinks that the Village needs to learn more about this. Mr. 93 Regular Council Meeting 12/19/2000 3 94 Lankford stated that he's always available for questions and can come back. There's also Internet web sites available by keying in ricochet or Metri-Com. 10. Request to Place Banners on Collins Avenue for Aging with Style Conference - Marra Poldo: Mayra Poldo, Elder Care Options, addressed the Council and explained that they serve the elderly and the disabled. Ms. Poldo advised that they joined with Florida International University's Southeast Center on Aging and are putting together an "Aging with Style" conference. She explained that it serves to provide the caregiver with the tools they need to take care of family members and helps them to prepare for their own coming of age. Ms. Poldo displayed a sample of the banners they are requesting to place on light poles on Collins Avenue, which are 7 feet by 3 feet. She stated the idea is to encourage people to attend the conference. She explained the conference will be March 17-19 and they're interested in placing the banners in Bal Harbour because they serve a lot of Bal Harbour residents. She explained that they would place the banners 2-3 weeks before the event and are also doing media releases. Mayor Hirsch) thinks that it's a very noble cause, but explained that the Village generally does not accept any type of flags to be placed for conferences that don't deal with the Village directly (activities with resort tax implications, etc.). Councilman Boggess thinks the banners are too large and they would be on Collins Avenue in the middle of the tourist season, so it wouldn't be appropriate. Mayor Hirschl suggested that they advertise in the local papers so that Bal Harbour residents are knowledgeable about it. 11. Reports and Recommendations: A. MAYOR AND COUNCIL: Councilman Boggess stated that he had a recommendation from a resident to place receptacles in the Security District for trash and suggested putting wire baskets on the light poles. Mr. Treppeda will advise the Bal Harbour Civic Association (Ira Lelchuk) for them to address this issue. Mayor Hirsch) reported that he, Dan Nieda (Building Official), and Mr. Treppeda attended a meeting with John Guinee, Charles E. Smith Realty Companies (out of Virginia), who advised that they have purchased the Harbour House. He explained that they are interested in upgrading the property and potentially developing the north tower into something different. Mayor Hirschl advised Mr. Guinee that if they're interested in moving forward in discussion, then they should address the Council. Mayor Hirsch) advised that Bal Harbour Detective Jose Andrade was selected as the Officer of the Month for November 2000 by the Miami -Dade County Association of Chiefs of Police. Mayor Hirschl congratulated Detective Andrade. Councilman Gorson stated that the insurance company has social security numbers of Bal Harbour employees printed on insurance checks and requested that they not do that. Mrs. Horton has notified the insurance company, which is looking into it. B. VILLAGE ATTORNEY: Mr. Weiss discussed the litigation for the Bal Harbour Club and stated that the Club's Attorneys have filed a motion to assess attorneys fees against the Village saying that the appeals that the Village filed were frivolous. He stated that the standard is a high one, which is that there was no material issue of fact and no material issue of law. Mr. Weiss advised that his office has filed a 20-page response Regular Council Meeting 12/19/2000 4 showing the issues of fact and the issues of law, which will be provided to the Village. Mr. Weiss will keep the Council up to date on this issue. C. VILLAGE MANAGER: Mrs. Horton reported that she has received the preliminary financial report (ending September 30, 2000) from the auditors, which she is reviewing. She reported that the Council will receive the final report at the January Council meeting and that it looks very good. Award of Bid for Purchase and Installation of Swimmer Safe Zone Buoy Line: Mr. Treppeda explained that the engineers have finished all their work and the Village has passed the required ordinance for the safe swimmer area. He advised that a bid has been received in the amount of $15,152.00, which is within the budgeted resort tax funds for this project. Mayor Hirsch) discussed the fact that there's only one provider for this service. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $15,152.00 for American Underwater Contractors, Inc. for the purchase and installation of a swimmer safe zone buoy line offshore in Bal Harbour. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth ave. Approval of Proposal from Coastal International Systems for Renewal of Easement for Groins on Beach: Mr. Treppeda explained that the groins are concrete structures on the beach that have been there for many years. He advised that the Department of Environmental Protection (DEP) has stated that the easement for these groins has expired and there's a report that's required to renew the easement. He explained that the only other choice would be to take the groins out, which the engineers do not recommend doing because they help the sand to stay on the beach. Mr. Treppeda stated that a proposal has been received from Coastal International Systems to do the report for $24,200.00. Councilman Boggess stated that it would cost a lot more to remove the groins. Mayor Hirsch) stated that the Village has a fund balance for items like this. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve $24,200.00 for Coastal International Systems. The motion carried with the vote as follows: Mayor Hirschl ave; Assistant Mayor Tantleff ave; Councilman Boggess ave; Councilman Gorson aye • Councilman Roth aye. Approval of General Employees Bonus for 2000: Mr. Treppeda explained that each year there's an evaluation done by the supervisors of the employees, in which the employees are eligible for between a 1%-4% bonus that is based on their performance. He advised that $62,800.00 is budgeted and the bonuses add up to $50,215.00 this year. Mr. Treppeda reminded the Council that this is not a holiday gift, it's part of the employee's salary. Mr. Treppeda explained that he reviews the evaluations with the department heads. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $50,215.00 for the 2000 bonuses. for the General Employees. The motion carried with the vote as follows: Mayor Hirschl aver Assistant Mayor Tantleff aye; Councilman Boggess aye; 95 Regular Council Meeting 12/19/2000 5 96 Councilman Gorson ave; Councilman Roth aye. Discussion of Performance Bonus for Village Manager and Village Clerk: Mrs. Horton and Mr. Treppeda left the room at this time. Councilman Boggess stated that when he negotiated the contracts with Mrs. Horton and Mr. Treppeda, they did not ask for a raise, nor was given. Councilman Boggess doesn't think the Village has ever had better management than it has now. Mayor Hirschl concurred with Councilman Boggess and stated that they both know what they're doing and the Village is lucky to have them. He thinks it's tough to find the type of personnel that the Village has for the dollars that it's spending. Councilman Roth concurred. Mayor Hirschl stated that the Council is not limited to the 1%-4% range for a performance bonus amount. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve a 5% performance bonus for the Village Manager and a 5% performance bonus for the Village Clerk. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Corson aye; Councilman Roth aye. Mrs. Horton and Mr. Treppeda returned to the meeting at this time. Mayor Hirsch) stated on behalf of the Council that they appreciate the work that they do and that they both do an honorable job. Park Project/Underground Fuel Tanks: Mr. Treppeda explained that when the park was originally designed, the basketball court was going to face east and west; however, the designers didn't think that was a good orientation because of the sun being in players' eyes. At that time, the design was changed for the basketball court to face north and south. Mr. Treppeda stated that he and Mr. Wheldon had some concerns about placing the court over the underground fuel tanks, but were assured that everything would work out. He explained that Danco is now in the process of putting the court over the tanks and they feel that it would be a bad idea because the caps will never be totally level and there may be a tripping hazard. Mr. Treppeda reported that the Village has met with two different companies that specialize in fuel tanks who both feel that it's not a good idea to put a basketball court over the fuel tanks. He stated that they started talking about the option of removing the tanks and reported that in 2009, the Village is required to do some retrofitting to the existing tanks underground. Mayor Hirsch) questioned when the Village found that out. Mr. Treppeda stated that they knew it before, but thought that the tanks could be abandoned in place and be filled with concrete. However, DERM is now shying away from leaving tanks in the ground. Mr. Treppeda stating that there are conflicting stories whether they can be left or not. The two companies that were met with stated that they cannot, but the Village Engineer (Lin Li) stated that they can be left there. Lin Li, Village Engineer — C.A.P. Engineering, stated that there's an option to leave them in, but that DERM would be very strict about leaving them there. Mr. Treppeda stated that if they're left in, then there would be some monitoring required on a regular basis. Councilman Boggess stated that he was surprised that it was proposed to put the basketball court on top of the fuel tanks in the first place and feels that it's an engineering mistake. Mr. Treppeda stated that he highly recommends taking the tanks out now to avoid any problems in the future. He advised that $70,000 has been budgeted that was going to be used for the 2009 retrofit. He advised that if the tanks are taken out now, then the retrofit won't need to be done. He stated that the Village will eventually buy tanks and put them somewhere else and, in the meantime, the cars can go to the gas station. Regular Council Meeting 12/19/2000 6 Mr. Treppeda advised that he received two bids to remove the tanks: $11,650.00 and $20,000.00. He stated that DERM reviewed the prices and told the Village that these two companies are just drastically different in price. Councilman Roth questioned if there's any remedial work that will need to be done after the tanks are removed. Mr. Treppeda stated that he doesn't believe so. Robert Wheldon, Director of Public Works, stated that there haven't been any leaks that anyone is aware of and it has been monitored every year and inspected by DERM. Mr. Treppeda stated that as long as there are no surprises underground, then it will be easy to take the tanks out now. Mayor Hirschl stated that if the Council decides to do that, then he would hope and expect that the Village won't pay for any engineering fees associated with the necessary forms needed to take them. Mr. Treppeda stated that it's included in the price. Mayor Hirschl stated that amount should be deducted and the engineering firm should be paying that portion. Councilman Roth suggested that the Council give Mr. Treppeda the authority to negotiate that. Mr. Treppeda stated that the engineer's position to this day is that the tanks can be left there. He stated that C.A.P. never recommended taking them out and they think the tanks can stay there, but the Village has a concem about it. Councilman Roth stated that 9 years from now the Village will have to do something about the tanks anyway. Mr. Li stated that he didn't see these plans until the change for the basketball court was already approved by the Council. He advised that when he saw the plan to put the court on top of the tanks, then he called the Landscape Architect and questioned how it will work with the fuel tanks there. Mr. Li stated that it was researched since it was already approved and Southern Petroleum and DERM stated that the caps for the tanks can be flush with the ground and they have no objection to the court being on top of the tanks. Mr. Li stated, at that time, they didn't think about the tripping hazard. Councilman Roth thinks that the longer the Village waits, the more it's going to cost and suggested taking the tanks out. Mr. Treppeda stated that it's more expensive to rent a tank than to purchase it from a gas station for awhile. Mr. Treppeda discussed a location to put new tanks eventually. Mr. Wheldon suggested to put the new tanks above ground because it's better and easier to monitor and DERM likes them. He stated that there wouldn't be all the monitoring wells, regulations, restrictions and they could be smaller. He stated that it's just a space issue. Councilman Boggess stated that he can't believe that the Village approved this change of location of the basketball court and nobody pointed out that it would be on top of the fuel tanks. Mayor Hirsch) stated that the professionals should have told the Council that. He stated that in terms of DERM and issues of environmental compliance, $11,650.00 is not a lot to do what needs to be done. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $11,650.00 for the removal of the underground fuel tanks and dispenser that are conflicting with the construction of the basketball court in the Bal Harbour Park. The motion carried with the vote as follows: Mayor Hirschl ave: Assistant Mayor Tantleff ave: Councilman Boggess ave: Councilman Gorgon aye: Councilman Roth aye. Danco Development Request for Additional Days for Park Pro sect: Mr. Treppeda explained that Danco Development is asking for 154 additional days on a project that was only 120 days. He stated that the Village's Project Manager, Lin Li, has reviewed it and has recommended that the Village award 50 days based on legitimate days for change orders and rain delays. Mr. Treppeda stated that it should take 2-4 weeks to remove the tanks. Mr. Treppeda recommended that the Council approve 50 additional days for Danco and advised that they will gain some by the fuel tank problem. 97 Regular Council Meeting 12/19/2000 7 98 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve additional days for Danco Development for the Park Project per the Village Manager's request. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Mr. Li stated that the Contractor is responsible for getting the job done and he has advised that is should be done by the middle of February. Resort Tax Committee Recommendations: Councilman Boggess explained that the Bal Harbour hotel bookings for January, February, and March are well below last year, which is a concern. So, the Committee has recommended sending Carolyn Travis, Director of Tourism, on a mission to New York to work with the high -end travel agents. A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve $3,000.00 for the New York Sales Mission by the Director of Tourism per the recommendation made by the Resort Tax Committee at their December meeting. The motion carried with the vote as follows: Mavor Hirschl aye; Assistant Mavor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Councilman Boggess explained that an agreement has been entered into with Patricia Peretz to start a cultural program for the Village. He advised that the Village has an opportunity to team up with the City of Miami Beach. He stated that whatever would be done would be Bal Harbour and City of Miami Beach. He explained that the Village has a contract to do a concert with Sergio Mendez on Bal Harbour's beach and the City of Miami Beach Cultural Agency has agreed to contribute money to do this in conjunction with the Village. The Village would have its concert, and then the City of Miami Beach would have one the following weekend. Councilman Boggess feels that it's a unique opportunity for the Village to team up with a city that has experience in doing cultural programs. Assistant Mayor Tantleff is opposed to having concerts on Bal Harbour's beach. Councilman Boggess stated that it's problematic that the Village will ever have a concert on the beach because it's not conducive to do an event, 96th Street will be torn up, and there will be work done on the Haulover Bridge. So, he doesn't think the Village will be hosting an event, but thinks that the Village is onto something good as far as the cultural affairs is concerned. Mayor Hirsch) stated that the story keeps changing with Patricia Peretz, which concerns him. He explained that she is now linking up with Miami Beach and taking what was originally described as a Bal Harbour cultural event and perhaps even teaming up with Hollywood, which she said last time. Mayor Hirschl questioned if it will fill up the Village's hotel rooms eventually, bring food and beverage, etc. He is concemed and thinks that Ms. Peretz needs to prove what she can do for Bal Harbour and then the Village will be delighted to spend more. He's concerned about jumping on board. Mayor Hirschl stated that from a certain standpoint, the name Bal Harbour and Miami Beach linked together is great, but Loomis Park is different from Bal Harbour's beach and he doesn't see how it works. Councilman Boggess stated that he wouldn't be terribly concerned if the Village sponsors a concert in conjunction with Miami Beach without having one in Bal Harbour. There are other things that the Village can do in Bal Harbour that are more within its means that will bring good publicity and people. Councilman Boggess discussed doing small concerts in ballrooms at the Sea View and the Sheraton. He thinks that it's more in keeping of what Bal Harbour can do, but he likes the idea of getting some energy going along those lines. Mayor Hirsch) stated that the Council is comfortable with Councilman Regular Council Meeting 12/19/2000 8 Boggess conveying the Council's sentiments back to the Committee. i99 Councilman Boggess reported that the Resort Tax Committee made a departure from usual procedures. He explained that Stanley Whitman is strongly opposed to any price advertising (room rates). Mayor Hirschl stated that the Resort Tax Committee previously never allowed the Village revenues to be spent that way. Councilman Boggess stated that with the present booking problem, the Committee has authorized a small rate box (advertising in the New York Times) to see if it gets results because newspaper advertising is primarily sales advertising. Mayor Hirschl stated that the advertising has always been destination and image built. Councilman Boggess stated that the Bahamas and Caribbean Islands have prices in their ads, which are funded by them. Councilman Boggess explained that they ventured away from the policy to see what the results will be. 12. Other Business: Mr. Treppeda reported that there is still no ruling from the court yet for the Beach Master Plan and the permitting is still proceeding through the State. He advised that the Village Lobbyist, Ron Book, has been notified of the problem and will do anything he can to help. Councilman Boggess reported that the Hotel Association has hired a lobbyist to oppose any increases in bed taxes, so he thinks that any efforts along that line will be counter- productive. Mr. Treppeda will contact Ron Book regarding his thoughts of the Village's chances on raising the bed tax. 13. Adiourn: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Boggess to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 4:13 p.m. Attest: anette Horton, CM/A CAE/CLO Village Clerk /elh 7ayor Andrew R. Hirschl Regular Council Meeting 12/19/2000 9