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
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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
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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
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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.
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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
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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
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