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HomeMy Public PortalAbout2002-05-21 Regular Meeting34 COUNCIL MINUTES REGULAR MEETING — MAY 41. QOOQ The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 21, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 5:05 p.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff Councilman Peg E. Gorson Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk David Wolpin, Village Attorney Nancy Stroud, Village Attorney Daniel Nieda, Village Building Official As a quorum was determined to be present, the meeting commenced. The Pledge of Allegiance was previously done at the General Employee Retiremept 3onra Meeting. 2. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the minutes of the April16, 2002, Refular Council Meetink and April 16, 2002 Special Council Meeting'. The motion carried unanimously (4-0), and the minutes were approved as submitted. 3. PRESENTATIONS: None 4. PUBLIC HEARINGS: None 5. ORDINANCES SECOND READING/PUBLIC HEARINGS: The following ordinance was read, by title, by the Village Clerk, amending Chapter 21 "Zoning Code" of the Village Code: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 21, "ZONING CODE" OF THE CODE OF BAL HARBOUR VILLAGE BY AMENDING THE DEFINITION OF FLOOR AREA RATIO IN SECTION 21-1 OF CHAPTER 21; AMENDING DIVISION 10 "OCEAN FRONT DISTRICT" OF CHAPTER 21; AMENDING PUBLIC BEACH ACCESS PROVISIONS IN SECTION 21-452 OF CHAPTER 21; AND CREATING SECTION 21-299 "PD" PLANNED DEVELOPMENT DISTRICT; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE; AND AN EFFECTIVE DATE. Mayor Berlin discussed the Workshop that was held regarding the Proposed Ocean Front Land Development Regulation Amendments (5/20/02). He recommended that the Council table the ordinance consideration for this meeting and have the second hearing at the Regular Council Meeting 05/21/2002 1 35 meeting on June 18th. Mayor Berlin advised that in the meantime, he is recommending turning the project back over to Village Staff (Village Attorney, Building Official, Village Manager, and the Village Planning Consultant). He would like all residents who have an interest in the matter and wish to participate in the process, for the purpose of providing recommendations on improving this ordinance, to submit their recommendations in writing to the Staff Group, through the Village Manager, on or before next Tuesday, May 28th, at 5:00 p.m. Mayor Berlin explained that the recommendations will help the Staff to understand conceptually what it is the residents are attempting to recommend. He advised that the bottom line is to deliver a product that's in the best interest of the entire Village. Mayor Berlin explained that after the recommendations are received, the Village Manager will circulate them to the Staff for review. He advised that during the first week of June, the Village Attorneys' office will conduct, in the Council Chambers, an open workshop and discussion group. Mayor Berlin explained that it will be to have an opportunity to meet directly with everyone who has submitted a written recommendation and anyone in the Village who is interested in the process is welcome to come to listen and/or participate in the discussion. He advised that it will be an open workshop, conducted by the Village Attorney. Mayor Berlin advised that the date of the deadline for written recommendations and the date of the workshop will be posted at Village Hall and the residential buildings on the Ocean Front. He reported that if the meeting in June is not enough time for Staff to get through all of the discussion that is needed, then there will be another meeting until they are comfortable that they have heard recommendations and have had the opportunity to discuss them with everyone that has submitted them. Mayor Berlin advised that by the end of the second week of June, he will ask the Staff to meet and compile their final recommendations and turn them into the Village Manager in time to be delivered to the Council by June 14th. In addition, copies will be made available to residents. Mayor Berlin advised that the ordinance will be considered for second hearing on June 18th, at the regular Council meeting. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to defer the public hearing on this ordinance, until the Council meeting on June 18, 2002 at 5:05 p.m. The motion carried with the vote as follows: Mavor Berlin aye;_ Assistant Mayor Tantleff aye; Councilman Gorson aye: Councilman Roth aye. Mr. Treppeda advised that the Village can give the notice to the buildings, but doesn't have a right to post it at the buildings. He stated that hopefully the managers will post the notice that is given to them by the Village. 6. ORDINANCE FIRST READING/PUBLIC HEARING: None 7. RESOLUTIONS: None B. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Berlin reported that the State of Florida recently went through Congressional re- districting. He advised that Clay Shaw was previously the Congressman representing Bal Harbour, but the new Congress representative for Bal Harbour is Ileana Ros-Lehtinen. Mayor Berlin reviewed a letter received from Dr. Michael Krop regarding members of the School Board who are interested in advancing the idea of building an Elementary School at Regular Council Meeting 05/21/2002 2 36 Haulover Park. He advised there are over 500 students who are bused south, through Haulover Park, to go to Ruth Broad Bay Harbor Elementary School. Mayor Berlin reported that school was originally designed for 880 students and it now has over 1300. He advised that this is an idea that members of the School Board are looking to advance to the County Commissioners and it may be discussed in September. Mayor Berlin reported that conceptually the idea is that Haulover Park gets very little use during the weekday, there is space available, and they are proposing to build facilities that can be used by the students during the day and all County residents after school and on the weekends. He explained that Bal Harbour students go to Ruth Broad Elementary, so any concept that would reduce the head count there and improve the experience for the students, is probably a good idea. However, he is not familiar with School Boardpolitics and doesn't know if any Council members wish to comment on this issue at this time. Mayor Berlin reported that this issue will be monitored. Mayor Berlin advised that Bal Harbour has been approached by the Town of Surfside regarding the concept of going into partnership with them to build a new library. He explained that currently there is a tri-city agreement between Surfside, Bal Harbour, and Bay Harbor, which supports a tiny annex of their community center as a library. Mayor Berlin reported that the Town of Surfside bought property on the west side of Collins Avenue, close to their Town Hall, and are exploring the idea of building a modem library there. He advised that it will cost multi millions of dollars. Mayor Berlin explained that Surfside has approached Bal Harbour and Bay Harbor for a partnership. He thinks the idea of having that type of facility that close to Bal Harbour is a wonderful amenity for the community and is interested in it. Mayor Berlin advised there are some complicated issues of ownership, rights of use, etc. that need to be worked out. He has asked the Mayor of Surfside to obtain a proposal for a feasibility study to understand what the cost of the project will be. Mayor Berlin advised when the study is done, he will bring it back to the Council for discussion. He explained there are some issues that exist between Bal Harbour and Surfside (congestion on 96th Street, etc.). Mayor Berlin is sensitive to those issues and advised that the Village will have public discussions on this. He thinks that the pure concept is a wonderful thing for the children and residents of Bal Harbour and it should be looked into. Assistant Mayor Tantleff advised that the Village needs to do a better job at keeping the bikes off the sidewalk on Collins Avenue and the beach. Mr. Treppeda reported that another employee has been assigned to code enforcement to work on that. Assistant Mayor Tantleff reported that he knows that it is legal for people to take their tops off on the beach in Bal Harbour, but he wants to make sure that if anyone is going with their top off that it's not in a Jude manner. He explained that some residents have reported that 1-2 women take their tops off and walk around. Assistant Mayor Tantleff requested that the Police Department make sure that the behavior is appropriate and if not that those people are sited. Councilman Roth reported that one of the residents is afraid to go into the ocean because of sharks. He explained that some hotels in the Caribbean fence off an area of the beach to protect swimmers from sharks. Mr. Treppeda will check with other coastal communities to see what they have done. Update on Applicants for Open Council Seat: Mayor Berlin reported that there is an open Council seat and the Village has been receiving applications from interested residents, which is an ongoing process. Mr. Treppeda advised there is an Regular Council Meeting 05/21/2002 3 37 article in the Village newsletter and he has asked the Neighbors (The Miami Herald) to print something. He explained that the seat is open until it is filled. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Discussion of Distribution of Demutualization Proceeds from Equitable Deferred Compensation Plan to Employees — Larry Johnston (Equitable): Mr. Treppeda explained that Village Employees have an option of belonging to an equitable (chapter 457) plan, which is a deferred compensation plan. He reported that the Village was contacted by Equitable on July 22, 1992. He advised that when they demutualized, shares of common stock were issued to the Village, which the Village held onto. Mr. Treppeda reported that on January 2, 2001, they were required to be exchanged for $35.75 per share, so the Village received a check for $22,536.78. He advised that in order to get an objective opinion he asked the account manager, Larry Johnston, to help the Village to decide an equitable way to distribute that to the employees that belong to the Equitable plan. Larry Johnston, Equitable, explained that the Equitable demutualized in July 1992 and later changed their name to AXA Financial. He advised that AXA Group came in and bought all remaining stocks at $35.75 per share. The Village also received ADRs (American depository receipts) of AXA, which the Village still holds (362 shares of AXA ADRs). Mr. Johnston advised that when Equitable was a mutual company, before the demutualization occurred, there was an accumulation type program (Chapter 457) and the participants that belonged in the plan at the time of demutualization were granted dollars to be held by the Village. That produced 307 shares at that time. He advised that in 1999, it split to 614 shares, which was held by Bal Harbour, but were actually produced by the members who participated in the 457 at that time. Mr. Johnston discussed an equitable way to distribute the money back to the employees. He explained that he has come up with a total account balance as of March 31, 2002, and took the participating members who have been putting into the program up to that date (deleting past employees, those who quit contributing, and who surrendered the contract), which added up to a dollar amount. Mr. Johnston reported that he took the account values of the participating members, divided it and got a fraction. He used that fraction against the monies received, which was $22,536.78. Mr. Johnston advised that he has a list of the distribution percentages, but would like more input for the cutoff date to be used for the participants to be active in the distribution. He questioned if it should be March 31st, the date of the quarterly report balance, or if it should be May 1st, or May 21 st (date of the meeting). Mayor Berlin thinks that the members should get everything including interest. Councilman Roth agreed. Mr. Johnston will use May 21 st and will re -calculate the distribution. Mayor Berlin questioned if the money goes to the members personally or to the retirement fund. Mr. Johnston explained that it will go back into the account because the cost basis was 0, so there will not be any taxes due. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the distribution of demutualization proceeds from Equitable Deferred Compensation Plan to Applicable Employees. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth ave. Regular Council Meeting 05/21/2002 4 38 Approval of Engineering Fees for Main Sewer Station Conversion to Submersible Pump Station Design — Bill Landis (Craig A. Smith & Associates): Mr. Treppeda explained that the Village currently has a wet well/dry well system. He advised that since the Village has had that system, there have been two times when the system has overflowed and the pumps have been destroyed. Mr. Treppeda advised that it is an old design. He explained that the Village has been budgeting money for this project and the cost is $1.1 million. Mr. Treppeda reported that the remainder needed to do this project will be budgeted in the 2002/2003 budget. Bill Landis, Village Engineer - Craig A. Smith & Associates, explained that the sewer station is next to the SunTrust Bank, at Founders° Circle. He advised that it is the master pump station for the Village, which pumps to the City of Miami Beach for subsequent treatment by Dade County. Mr. Landis explained that it is an old design and there have been pump failures in the past and some flood occurrences, where the entire station has flooded. He is suggesting to modernize the design and replace the pumps with submersible pumps, which are reliable and more easily maintained. Mr. Landis advised there are some problems currently with the pump station, with one pump out being repaired. He explained that there are three pumps that cycle in sequence. Mr. Landis recommended to update the pump station and reported that the Village has been putting funds aside for several years. Assistant Mayor Tantleff questioned if this project is put out to bid. Mr. Treppeda explained that the Village can't put engineering fees out to bid, under the Competitive Negotiations Act. Mr. Wolpin explained that this work would be covered by the existing contract with Craig A. Smith & Associates, which would allow the Village to assign this task to them to prepare the necessary design and other related engineering work. He advised that the actual construction would be subject to bidding. Mr. Treppeda reviewed the spreadsheet on the Engineering Fee Proposal. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve en!ineerinR fees not to exceed $186,650.00. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantlefaye; Councilman Gorson aye; Councilman Roth aye. Request to Expend Forfeiture Funds for Hepatitis Vaccinations, Trailer for ATV and New Jet -Ski: Mr. Treppeda explained that Chief Freeman is requesting to expend federal forfeiture funds for the following items: 1. Hepatitis A and B shots for Police Officers $3,625.00 2. Utility Trailer for ATV Vehicle $ 500.00 3. Jet -ski (to replace stolen one) $2,788.00 Mr. Treppeda explained that the Village received $5,880.00 from the insurance company for the stolen Jet -ski, which is why only $2,788.00 is needed to purchase one. Chief Freeman explained that the Federal Forfeiture Fund is money that the Village gets through its participation in a Federal Drug Task Force. He advised that the Village has an officer assigned there and gets to share in the proceeds from their confiscations of property, cash, etc. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the expenditure of Federal Forfeiture Funds in the amount of $6,913.00. The motion carried with Regular Council Meeting 05/21/2002 5 39 the vote as follows: Mavor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on May 9, 2002: 1. Fees for Photos of Beach, etc. $ 800.00 2. Business Wire Press Release $ 300.00 3. FAM Trip for Palm Beach Society (Jane Sheeran) $ 1,200.00 4. Co-op with Delta Airlines via LeRep $10,000.00 5. Director of Sales & Marketing — Jose Lima Mr. Treppeda reported that the new Director of Sales & Marketing, Jose Lima, is starting on June 1Ot. Mayor Berlin explained that the resort tax fund is from the collection of resort tax in the Village, which is a 4% tax on bed and 2% tax on food & beverage. He advised that Bal Harbour is 1 of only 3 cities (Miami Beach, Surfside, and Bal Harbour) in the entire County who have a resort tax. Mayor Berlin explained that in an average year the Village generates almost $2 million in revenue from the resort tax, which gets put back into the Village (beach restoration, renovation of Collins Avenue, maintenance of Collins and beach, etc.). He reported that this year, the Village will be down $400,000, due to the events of September 11 th. Mayor Berlin explained that the Committee is making adjustments in the resort tax expenditures to ensure that it is kept within a reasonable differential. He advised that the unanimous opinion of the Resort Tax Committee is that the biggest mistake is not to spend money. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve $12,300.00 for the above listed resort tax items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Roth aye. 9. OTHER BUSINESS: None 10. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adjourn. The motion carried unanimously (4-0), and the meeting adjourned at 5:45 p.m. Mayor Howard J. Berlin Attest: ..Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 05/21/2002 6