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HomeMy Public PortalAbout2001-01-16 Regular Meetinggoo COUNCIL MINUTES REGULAR MEETING - JANUARY IC 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 16, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 3:30 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 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 all in attendance. 3. Approval of Minutes: A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the minutes of the December 19, 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, assessing fees for telecommunications companies. Mayor Hirsch! opened the public hearing. There being no comments, Mayor Hirschl closed the public hearing. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: ORDINANCE NO.460 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, ASSESSING A FEE ON TELECOMMUNICATIONS COMPANIES THAT OCCUPY MUNICIPAL RIGHTS -OF -WAY FOR TELECOMMUNICATIONS FACILITIES; PROVIDING FOR WHEN PAYMENTS ARE DUE; PROVIDING FOR INTEREST; PROVIDING FOR REVIEW OF RECORDS; PROVIDING FOR SEVERABILITY; PROVIDING Regular Council Meeting 01/16/2001 1 FOR AN EFFECTIVE DATE. 101 7. Ordinances First Reading: Mr. Wolpin asked that this ordinance be tabled in light of the action on the Local Planning Agency Agenda. It was the consensus of the Council to table the first reading of the following ordinance: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING ARTICLE 1 "IN GENERAL" OF CHAPTER 15 "SIGNS" BY CREATING SECTION 15-20 "TEMPORARY POLITICAL SIGNS" TO PROVIDE FOR REGULATIONS CONCERNING THE TIME, PLACE AND MANNER FOR THE INSTALLATION, DISPLAY AND REMOVAL OF POLITICAL SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. 8. Resolutions: A resolution was read, by title, by the Village Clerk, Mayor Hirsch) explained that he asked for this to be placed on the agenda and that it came to him for the Council's consideration regarding the windstorm insurance rate increases. He stated that there has been great concern about the incredible increases that residents are experiencing. As such, Mayor Hirschl felt that this was appropriate for the Council to embrace and to consider. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this resolution. Councilman Boggess requested that this Resolution be amended to be sent to the Insurance Commissioner also. A motion was offered by Councilman Boggess and seconded by Councilman Roth to approve this resolution with the amendment for it to be sent to the Insurance Commissioner also. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Thus becoming: RESOLUTION NO. 614 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, OBJECTING TO THE RECENT WINDSTORM INSURANCE RATE INCREASE BY THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION (FWUA); URGING THE GOVERNOR OF FLORIDA AND THE FLORIDA LEGISLATURE TO CONVENE A SPECIAL SESSION TO ADDRESS THE RATE INCREASE AND THE STRUCTURE OF THE FLORIDA WINDSTORM UNDERWRITING ASSOCIATION PANEL RESPONSIBLE FOR APPROVING THE RATE INCREASE; AND DIRECTING THE VILLAGE MANAGER TO FORWARD A COPY OF THIS RESOLUTION TO THE GOVERNOR AND EACH MEMBER OF THE FLORIDA LEGISLATURE. 9. Annual Financial Report and Approval of Agreement for Audit Services for Years 2001, 2002, and 2003 - Rachlin Cohen & Holtz: G. Jerry Chiocca, Director — Rachlin Cohen & Holtz LLP, Regular Council Meeting 01/16/2001 2 102 reviewed the Annual Financial Report (fiscal year ended September 30, 2000) for the Village. A motion was offered by Councilman Roth and seconded by Councilman Gorson to accept the Annual Financial Report as presented. 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. Treppeda stated that the 3-year contract for audit services with Rachlin Cohen & Holtz just expired. He explained that Rachlin Cohen & Holtz has provided a proposal for the next 3 years (2001, 2002, and 2003) with the prices to be $33,250 the first year, $36,250 the second year, and $39,500 for the third year. He advised that a portion (approximately $3,000 per year) of that fee will be deducted from the Police Pension Fund. Mrs. Horton advised that the cost for the previous years was $27,000, $28,000, and $29,500. Mayor Hirschl questioned the increase in $10,000 over the six years of affiliation. Mrs. Horton explained that a new law was passed under the GASBE 34, which is going to dramatically change the financial statements. Mayor Hirschl questioned if the Village is required to competitively bid these rates with other accounting firms. Mr. Treppeda and Mrs. Horton responded no. Mayor Hirschl questioned if it's in the Village's best interest to do so. Mrs. Horton thinks that for the past 3 years, the Village has had good rapor with Rachlin Cohen & Holtz and dealing with the prior auditors (Arthur Andersen) was horrible. She also advised that Rachlin Cohen & Holtz knows government auditing, they stay up with all the rules and regulations, and the Village has had no problems in the last 3 years that they have been used. Mr. Treppeda agreed that they have been excellent to work with and they know government, which is a big change from what the Village was used to dealing with. Mr. Chiocca stated that he has to implement GASBE 34 in the third year, which is why there's a bigger jump in the cost. Mayor Hirschl commented that the Village doesn't know what other municipalities are paying and there are certainly other governmental audit agencies out there. Mr. Chiocca stated that he can provide a list of all the clients that they have and their fees. Mayor Hirschl feels that the Village is blindly approving a contract when it doesn't know if other municipalities are getting similar care for less money. Mrs. Horton stated that Bay Harbor uses a small firm and the City of Davie uses Rachlin Cohen & Holtz. Mrs. Horton reported that the City of Davie pays a lot more than the Village because they are a larger city. She advised that Rachlin Cohen & Holtz structures their costs by the size of the city and what they have to audit. Mr. Chiocca reported that Miami Shores pays approximately $40,000. Mr. Chiocca explained that the number of people in the city doesn't matter. Councilman Roth stated that the Village is satisfied with Rachlin Cohen & Holtz, which is the most important thing, and thinks that the prices are fair. Mrs. Horton stated that she can call Mr. Chiocca anytime during the year, whenever she has questions, and with the GASBE 34 coming up it's going to be a nightmare in changing the structure on the financial reporting. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to accept the proposed fee schedule from Rachlin Cohen & Holtz for audit services for the next 3 years. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. It. Reports and Recommendations: A. MAYOR AND COUNCIL: Regular Council Meeting 01/16/2001 3 103 Councilman Boggess reported that he has received complaints from residents about barking dogs in the Security District. Mayor Hirsch) stated that this is a constant problem and the police have to hear the dog barking in order to do anything. Councilman Boggess suggested thinking about putting a weight limit on pets or the number of pets per household. Mayor Hirschl requested that the Village send a reminder out to the residents about picking up dog feces, barking dogs, dogs on leashes, etc. Mayor Hirsch) thinks that it's tough to regulate the weight or the number of pets. Dina Cellini agreed and stated that the Civic Association has also been receiving complaints about that and people honking their horns. Mayor Hirschl also requested placing an article in the Village newsletter about dogs on leashes, picking up pet feces, etc. Councilman Roth reported that Village residents are anxious for the beach project to start. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Beach Master Plan Update and Approval of Funds for Additional Meetings/Coordination: Mr. Treppeda explained that Coastal Systems International is here to update the Council on this project, which is still being held up by the Miami Beach lawsuit, as well as another item about lighting. Laura Shepherd, Coastal Systems International, addressed the Council and explained that the project is still being processed and is still being held up by the Beachwalk Project, which is the Miami Beach project that's under litigation. She advised that the resolution hasn't come through, even though she has heard that the Judge in Tallahassee is going to throw the case out, but hasn't done so yet. Ms. Shepherd advised that they are still awaiting that; however, they are still processing. She reported that Christy Brush, Coastal Systems, has been in Tallahassee to review the plan and get a draft final order, which is the permit written. Ms. Brush is also trying to get approval of the lighting since the National Marine Fishery Service had requested that no lighting be put on the beach. She explained that Coastal Systems is going over National Marine Fishery's head and requesting that DEP approve the lighting anyway, based on safety, for night lighting up to 10:00 p.m. with a timer that would turn the lights off then. She advised that Coastal Systems believes that DEP will approve that. Ms. Shepherd advised that the other issue is that they are also getting DEP to approve continuation of work through the turtle season, which starts March 31st. She reported that Bal Harbour is in an area where the nested eggs will be relocated to a safe area and then released by DERM. So, Coastal Systems is going to request to put a low fence up to prevent turtles from going into the project construction area. Once that fence is up, then the Village can continue to construct behind the area. That way the project will not have to be done in phases and the construction will not be slowed down. Ms. Shepherd stated that construction will be completed, in a worst case scenario, no later than July. She reported that Coastal Systems is hoping to have the final order, which is the permit, by the end of January. She advised that it may continue to be delayed by the Beachwalk Project, but they are hoping that it won't. She continued that they don't anticipate that it will, but there's a possibility that it can. Ms. Shepherd discussed the Miami Beach Beachwalk Project litigation and explained that one of the condominium owners doesn't want the Beachwalk to go in because she doesn't want people walking behind her property. So, her attorney is saying that the Beachwalk Regular Council Meeting 01/16/2001 4 104 Project is a structure. She explained that under DEP rules and regulations, a structure is prohibited past the erosion control line; however, the definition for structure isn't clear in the DEP regulations, so the DEP is going to have to refine their regulations to give a clear definition of what they consider a structure. She advised that the litigation is waiting for the Judge to consider whether what is being put out there is a structure or not. Ms. Shepherd reported that the hearing is over and they are just waiting for the Judge to rule. Ms. Shepherd advised that the litigation has nothing to do with the Village, but the DEP is considering what the Village is doing to be similar to what the Beachwalk is. Therefore, the DEP feels uncomfortable issuing a final order until such time as this litigation is done. Mayor Hirsch) requested that a statement be prepared, with the assistance of Coastal Systems, to go in the Village's newsletter indicating that the Miami Beach litigation is what is really delaying the Village's project. Mayor Hirsch) stated that the Village has attorneys in Tallahassee that deal with environmental issues for the Village and feels that there will come a point in time when the Village has waited long enough and will have to contact them. Ms. Shepherd stated that if by the end of January there is further delay, and a final order has not been received, then one of the Village's attorneys should at least contact DEP (possibly the head of the DEP office) and let them know that this is holding the Village up. Mayor Hirschl stated that if by the February Council meeting there is no movement, then he would like Ms. Shepherd to speak to Mr. Treppeda beforehand and coordinate efforts and discuss it. Then if a motion is needed at the February meeting, it will be done to direct the attorneys to contact the people in Tallahassee. Mr. Treppeda explained that due to the additional items that Coastal Systems has been working on, they have used up all the money on the line item for meetings. Mr. Treppeda requested authorization to proceed with hourly billing on that, which is estimated at $5,000. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $'5,000.00 for Coastal Systems International for additional meetings and coordination of the Beach Master Plan. The ,notion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Corson aye; Councilman Roth aye. Assistant Mayor Tantleff stated that there's a rusted temporary detour sign on the beach that he would like to have removed or replaced. Robert Wheldon, Director of Public Works, stated that he will take care of that. Special Master Reappointment: Mr. Treppeda explained that both of the Village's Special Masters, Darcee Siegel and Russell Mace, have agreed to serve for another year. He reported that the Village has been very happy with their service and recommended that the Council reappoint them for an additional year. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to ratify the Village Manager's reappointment of Darcee Siegel and Russell Warren Mace III as Special Masters for Bal Harbour Village. The motion carried with the vote as follows: Mayor Hirsch) aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Request to Expend Forfeiture Funds: Mr. Treppeda explained Regular Council Meeting 01/16/2001 5 that Chief Freeman would like to expend $1,000 from the Forfeiture Fund to purchase a table for the 151 Annual Chiefs' Ball, which honors the Dade Chiefs' Officer of the Year. Mr. Treppeda reminded the Council that Bal Harbour Detective Jose Andrade is in the running for that award. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the expenditure of $1,000.00 from the Forfeiture Fund to sponsor a table for the la Annual Chiefs' Ball honoring the Dade Chiefs Officer of the Year. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Approval of Change Orders 5-13 for Park Project: Mr. Treppeda explained that a lot of these items are things that the Village wanted including: electrical outlets, plumbing line for the water fountain (which had to be done differently than originally specified), and changes that were necessary as a result of the removal of the underground fuel tanks and the dispenser island. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $23,461.64 for Change Orders 5-13 for the Bal Harbour Park Project. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Lin Li, CAP Engineering — Project Manager, addressed the Council and estimated that this project will be completed Mid -February 2001. Mr. Treppeda reported that C.A.P. is also continuing on an hourly basis with the project management. Councilman Boggess questioned if DERM has given the Village clearance on the fuel tanks. Mr. Treppeda stated that the Village hasn't gotten the final water result, which takes about one month. However, the Village can proceed anyway and they're doing soil testing to make sure that the surface is adequate to put a basketball court there. Councilman Boggess questioned if there's any indication that there was any leakage from the tanks. Mr. Treppeda reported no and that they thought that it looked really good. Approval of Change Order #1 for Sewer Manhole Relocation — Megan South, Inc.: Mr. Treppeda explained that at the last Council meeting, the Council approved for a sewer manhole to be relocated prior to the DOT project beginning. He reported that once Megan South, Inc. got into the ground, there were some problems (sewer lines that were pitched the wrong way) and they had to work a few extra days to make it right. He stated that the additional work was reviewed by the Village Engineer, who was on site supervising the crew. Mr. Treppeda reported that a detailed list is attached showing the additional work at a cost of $15,675.00, which is available in the sewer budget. A motion was offered by Councilman Roth and seconded by Councilman Boggess to approve $15,675.00 for Change Order #I for Megan South, Inc. on the Sewer Manhole Relocation Project. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Award of Bid for Addition of Driveways/Drainage at Sewer Pump Station 1 & 2: Mr. Treppeda explained that the maintenance department is having trouble getting the trucks into 2 of the pump stations (one located near the SunTrust Bank and one located in the Security District near the Dump) because it's muddy and sinking. He advised that the one by the Bank has no driveway at all, so a driveway needs to be Regular Council Meeting 01/16/2001 6 105 106 added, and the one in the Security District has a driveway, but it's in really bad shape. Mr. Treppeda distributed and reviewed the following prices that were submitted for this work: 1) KP-LM Capital Enterprises Corp. 2) ERJ Construction, Inc. 3) Pinnacle Engineering, Inc. Station #1: $16,000 Station #1: $18,250 Station #1: $16,200 Station #2: $15,200 Station #2: $16,185 Station #2: $15,400 Mr. Treppeda reported that the lowest bid, which was recommended by the Village Engineer, is KP-LM Capital Enterprises Corp. for a total of $31,200.00. Mr. Treppeda stated that all three companies were recommended by Craig A. Smith & Associates. Mr. Treppeda recommended awarding the bid to KP-LM Capital Enterprises Corporation. Mr. Treppeda stated that this will come from the sewer fund and there are adequate funds for this project. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $15,200.00 for KP-LM Capital Enterprises Corp. for the concrete driveway and drainage structure at Lift Station #2 and $16,000.00 for KP-LM Capital Enterprises Corp. for an asphalt driveway at Master Lift Station #1. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Award of Bid for Fencing at North Municipal Parking Lot: Mr. Treppeda explained that the Village will be using the southern portion of the North Lot (the two smaller lots) for the public works vehicles and employee vehicles during the DOT Drainage Project. He reviewed the following bids that were received: 1) National Rent -A -Fence, Co 2) Bob's Unlimited Fences 3) Tropical Fence 4) Fence Connection $6,173.26 (no top rail included/asphalt pole installation) $5,990.00 (top rail/concrete pole installation) $5,400.00 (top rail/concrete pole installation) $8,900.00 (top rail/concrete pole installation) Mr, Treppeda stated that the low bidder is Tropical Fence at $5,400.00. He advised that the fence will be an 8-foot chain link with slats put through it for privacy. Mayor Hirsch) requested that Mr. Treppeda send a letter (with Mr. Treppeda's and/or Mr. Wheldon's signature on it) to the residents of the low rise buildings that will look at the fencing and the residents or managers of the high rise buildings that are affected. Mayor Hirsch) wants to ensure that they understand that this is a temporary situation, not a permanent situation. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $5,400.00 for Tropical Fence to install fencing at the North Municipal Parking Lot. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Appointment of Member to Resort Tax Committee: Mr. Treppeda explained that Jaime Valdes, the General Manager of the Sheraton Bal Harbour, has been moved to an office in Miami. He advised that at the last Resort Tax Committee meeting, the new General Manager, Naveen Ahuja, attended and expressed an interest in filling Mr. Valdes' position on the Committee. Mr. Treppeda stated that it's up to the Council to appoint someone for that position. Councilman Boggess stated that Mr. Ahuja would be good to have and highly recommends appointing him to the Committee. Regular Council Meeting 01/16/2001 7 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to appoint Naveen Ahuia, Sheraton General Manager, to the Resort Tax Committee. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Committee Recommendations: Councilman Boggess explained that the Council was previously given a Report from Patricia Peretz, AMP Marketing, on the Cultural Events for Bal Harbour. Councilman Boggess reported that the Masquerade Ball is in March 2001 and Ms. Peretz intends to make enough money from that to fund the Village cultural projects for the rest of the year. He reported that the Village made it clear that it could not have a beach event, so Ms. Peretz is going to bring Sergio Mendez to the Brazilian Chamber of Commerce Event at the Sheraton in September, which she is handling. Councilman Boggess feels that everything is working very well and the Village isn't out any money. Mayor Hirschl stated that the Council was skeptical because it was concerned about the direction of this. Councilman Boggess stated that the Council's concerns were expressed to Ms. Peretz. Councilman Boggess reviewed the following recommendations that were made at the January Resort Tax Committee meeting: 1) Director of Tourism New York Travel Agent Visits $ 3,000 Carolyn Travis, Director of Tourism, explained that this trip was originally scheduled for May and was moved up to February because the first quarter bookings for Bal Harbour's hotels were down. Councilman Boggess reported that the rate driven ad that was placed in the New York Times has already provided 60 reservations for the Sheraton. Ms. Travis discussed the reason that tourism is down including: new hotels, clients going to Europe, economy going down, etc. 2) Director of Tourism Mexico City Press Event $15,000 Assistant Mayor Tantleff questioned why this press event is $15,000 when it is usually $5,000. Ms. Travis stated that Mexico City is huge and the market is tremendous, so if the Village is going to do a press event for the top press people, then it will be about 160 people. 3) Director of Tourism Press Lunch in Chile $ 5,000 4) Director of Tourism Latin Press Dinner (local reps) $ 2,500 5) Brochure Distribution $ 200 6) LeRep Marketing and P.R. Activity Program 2001 $11,520 A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to approve $37,220.00 for the recommendations made by the Resort Tax Committee at their January meeting. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess aye Councilman Gorson aye; Councilman Roth aye. 12. Other Business: Assistant Mayor Tantleff questioned the status of the buoys for the ocean. Mr. Treppeda reported that there's a delay on that project because the people concerned about manatees are starting to check into that, so the Army Corp is holding off on issuing the 107 Regular Council Meeting 01/16/2001 8 108 Village a permit at the moment. So, the Village is trying to get around the manatee issue. Councilman Boggess stated that a resident at the Balmoral advised that Atlantic Beach Clubs (Sheraton) starts cleaning the beach and running tractors at the Sheraton Bal Harbour at 7:30 a.m. every morning. Mr. Treppeda will speak to Atlantic Beach Clubs regarding that. 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 4:03 p.m. Attest: anette Horton, C illage Clerk /elh C/AAE/CLO 7 Mayor Andrew R. liirschl Regular Council Meeting O1/16/2001 9