TOWN OF GOLDEN BEACH
One Golden Beach Drive
Golden Beach, FL 33160
OFFICIAL MINUTES
JULY 25, 2006
SPECIAL TOWN COUNCIL MEETING
7:45 P.M.
MEETING CALLED TO ORDER
Vice Mayor Einstein called the meeting to order at 7:45 p.m. Roll Call taken by Town Manager.
Council Members in attendance: Mayor Singer via phone, Vice Mayor Einstein, Councilmember Colella-Battista, Councilmember Iglesias, and Councilmember Lusskin.
Staff in attendance: Town Manager, Chief Skinner, Town Attorney Helfman, Dan Nieda, and Barbara Tarasenko.
PLEDGE ALLEGIANCE TO THE FLAG lead by Council.
Approval of the Tentative Millage Rate. Reso No. 1804.06.
Town Attorney read Resolution No. 1804.06 into the record as follows:
A Resolution of the Town of Golden Beach, Florida, determining the proposed Millage Rate; determining the current year Rolled-Back Rate; establishing the date, time and place for the first and second Public Budget Hearings as required by law; directing the Clerk to file said Resolution with the Property Appraiser of Miami-Dade County pursuant to the requirements of Florida Statutes and the Rules and Regulations of the Department of Revenue of the State of Florida; and providing for an effective date.
Attorney Helfman explained the budget approval process and the purpose of this meeting to meet the requirement of providing the proposed millage rate and first budget hearing date and time.
Councilmember Iglesias made a motion to change the first budget hearing date in the resolution to September 5, 2006. Seconded by Councilmember Lusskin. Discussion was held and motion was changed with a motion was made by Councilmember Lusskin to adopt Resolution No. 1804.06 with a change of date to September 5, 2006 for the first budget hearing Seconded by Mayor Singer.
Discussion by Council was held.
Public Hearing opened.
Mr. Al Herrick stated he was sorry he could not be there.
Vice Mayor Einstein explained that the budget is uploaded on the website and encouraged the residents to look at it and to contact staff if they have any questions or concerns.
Councilmember Iglesias discussed the following:
· His disappointment that a second budget workshop was not held today.
Vice Mayor questioned was there any prejudice for any of the Council members if there was not a second workshop.
Attorney Helfman stated that there was no legal requirement to hold any budget workshops. The Council has the opportunity at the first budget hearing to discuss the budget in as much detail as they feel they need to.
Roll call vote was taken:
Mayor Singer - Aye; Vice Mayor Einstein - Aye; Councilmember Colella-Battista - Aye; Councilmember Iglesias - Aye; Councilmember Lusskin - Aye.
Approval of Retainer Agreement with Attorney Michael D. Ehrenstein.
Town Manager read Resolution 1805.06 into the record and discussed the background of the item.
A Resolution of the Town Council of the Town of Golden Beach, Florida authorizing and approving an agreement for professional services between the Town of Golden Beach and Kluger Peretz Kaplan & Berlin, P.L.; providing for implementation; and providing for an effective date.
Council Comments were a follows:
Councilmember Colella-Battista:
· Knows the firm and expressed concern over the hourly rate with a 10% discount and a bonus. Explained that the hourly rate has not been reduced significantly enough to warrant an additional bonus.
· Questioned if the Town Attorney experience is and what firms receive from other municipalities.
Mr. Ehrenstein responded with the following:
· Agrees that you get what you pay for but expressed concern over Councilmembers confusing cost with value.
· Discussed the issues raised with the current law firm handling the case at a lower hourly rate.
· Stated that the 10% was a multiple of the deduction that the firm had taken and stated that the firm does not have a business plan that handles contingency cases.
· Clarified the 10% is discounted off all the individuals working on the case.
· Clarified the $360/hour was a blended rate.
Mayor Singer agreed that he had concerns with the 10 bonus on what is received from the litigation.
Councilmember Colella-Battista explained that she did not feel that a firm charging $200/hour would give poor work.
Vice Mayor Einstein supported what issues Councilmember Colella-Battista raised. Expressed his views as follows:
· Believed that this hourly rate will be a major criticism by the residents at election time.
Mr. Ehrenstein explained that his firm's business plan is different from Mr. Helfman's firm. His firm does not represent municipalities frequently.
Councilmember Lusskin confirmed that Mr. Ehrenstein did bring the best proposal to the Council and recommended that we prepare a proposal to him to bring back to his firm to consider. She asked if Mr. Helfman's firm handles these types of cases.
Mr. Helfman stated that he has not discussed this case with his firm. However, the firm would be working at the hourly rate of $200.00.
Mr. Ehrenstein reminded the Council that the analysis showed an amount of $240,000.00 up through trial time. He expressed that this was based on bringing the case to rapid closure. He recommended that the Council needs to feel free to shop but there are limits to the number of firms doing this work.
Councilmember Colella-Battista asked if there was an opportunity to work with these numbers. Mr. Ehrenstein said there was.
Vice Mayor Einstein if we could approve this moving forward with committing to the proposal. Mr. Helfman stated:
· That he pushed this item forward as this is a problem that has been languishing.
· Stated they have time to shop
Mr. Ehrenstein agreed to come back with another proposal for consideration.
Councilmember Iglesias asked if there was any way the firm would consider contingency and Mr. Ehrenstein responded that their business plan does not allow it.
Councilmember Lusskin stated that they had a range of cost, which was $200.00 per hour to $400.00 per hour from the firm Mr. Ehrenstein represents.
Attorney Helfman expressed what the various municipalities pay for representation from $200.00 to $270.00 per hour.
Councilmember Iglesias made a motion to table the Resolution until Mr. Ehrenstein reconfirmed his proposal.
Vice Mayor opened the comments to the public.
Al Herrick - 625 Ocean Boulevard
· Recommended the firm come back with a hybrid of $200/hour and a percentage of what is recovered.
Councilmember Colella-Battista question the Town Attorney about his expertise to handle a case like the Town's. He explained that he had a very qualified staff that have construction law expertise but assured the Council that he was not hear to promote his firm in this matter.
Vice Mayor Einstein questioned how much the Town has spent to bring have Mr. Herrnstein's firm analyze the case.
Councilmember Iglesias summarized that this firm enlightened the Council that we had a good case and it should be pursued which gave the Council a direction to go.
The Town Attorney encouraged the Council to keep moving forward on this case in a progressive way.
Vice Mayor suggested that perhaps to have three law firms assess the case and give a proposal.
Attorney Helfman stated that he had assessed the case when he was first appointed and he had the same assessment as Mr. Ehrenstein. That perhaps the lawyers sitting on the Council could approach other Construction specialists and see what they would charge.
Mayor Singer suggested that they wait until Mr. Ehrenstein's firm came back to them.
Request to change August 15th Meeting to August 22nd
Town Manager requested Council to consider August 22nd for the next meeting. Councilmember Lusskin made a motion to change the August Council Meeting to August 22, 2006. Seconded by Councilmember Iglesias. Consensus vote was taken and unanimously approved.
Mayor Singer reported on the negotiations for the purchase of the two lots on Ocean Boulevard. He stated that he has been in communication with Mr. Alan Altit for the property and he offered the lot to the Town for $771,000.00. Mayor felt he could get the price lowered to between $750,000 and $760,000.00. He stated that he was working on one property at a time.
Councilmember Colella-Battista asked for the Mayor's recommendation on what should be paid for the property.
Vice Mayor Einstein questioned the available financing. Mayor explained that we need to purchase both properties for the available financing.
Town Attorney recommended that the Mayor go forward, negotiate the contract, bring a contract back to them, and allow adequate time to get it done.
Councilmember Iglesias restated that the Council has confidence in the Mayor going forward to negotiate the best price for both properties.
Maria Camacho, Finance Director reviewed the League of Cities available funding at approximately 1% lower than the bond rate (similar to bridge financing) and it can be rolled into the bond when it occurs.
Council directed the Mayor to bring back a contract.
ADJOURNMENT
Councilmember Iglesias made a motion to adjourn and it was seconded by Councilmember Lusskin. A consensus vote was taken and passed unanimously.
Respectfully submitted,
Bonilyn Wilbanks-Free
Bonilyn Wilbanks-Free
Town Manager
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