HomeMy Public PortalAbout2002-09-05 Special Meeting69
COUNCIL MINUTES
SPECIAL MEETING — SEPTEMBER S. QOOQ
A Special Meeting of the Bal Harbour Village Council was held on Thursday, September 5,
2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 4:15 p.m. by Mayor Berlin. Those present were:
Also present:
Mayor Howard J. Berlin
Assistant Mayor Daniel S. Tantleff
Councilman Seymour "Sy" Roth
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
David Wolpin, Village Attorney
Absent: Councilman Peg E. Gorson
Councilman Joel S. Jacobi
As a quorum was determined to be present, the meeting commenced.
Mayor Berlin reported that Councilman Gorson's status at the hospital has not improved and
advised that the Council misses her and hopes that she gets better.
4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by A.
Anthony Noboa.
I. ORDINANCE SECOND READING/PUBLIC HEARINGS An
ordinance was read, by title, by the Village Clerk amending Chapter 13, of the Village
Code, regarding the Police Officers' Pension Plan.
Mayor Berlin reported that the staff recommends passing this ordinance and advised that it
improves the Police Pension Plan, in a manner that was agreed to, in negotiations between
the Village and the PBA (Police Benevolent Association), on behalf on the Village's police
officers. He advised that it also provides for some technical amendments, to make sure
that the plan is in full compliance, with all rules and regulations that govern pension plans.
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tantleff aye; Councilman Gorson absent; Councilman Jacobi absent; Councilman Roth aye.
Thus becoming:
ORDINANCE NO.474
AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE VILLAGE
OF BAL HARBOUR CODE OF ORDINANCES, POLICE OFFICERS' PENSION
PLAN, PROVIDING THAT THE MONTHLY RETIREMENT BENEFIT SHALL BE
AN AMOUNT EQUAL TO THREE PER CENT OF FINAL AVERAGE
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COMPENSATION TIMES COMPLETED YEARS AND MONTHS OF
CONTINUOUS EMPLOYMENT; PROVIDING NORMAL RETIREMENT UPON
COMPLETION OF TWENTY YEARS OF CONTINUOUS EMPLOYMENT,
REGARDLESS OF AGE; PROVIDING FOR NORMAL RETIREMENT UPON
ATTAINMENT OF AGE SIXTY, REGARDLESS OF YEARS OF CONTINUOUS
SERVICE; PROVIDING FOR A DEFERRED RETIREMENT OPTION PLAN;
PROVIDING TECHNICAL CORRECTIONS; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
4. ORDINANCES FIRST READING: The following ordinances were read,
by title, by the Village Clerk
ORDINANCE NO. _
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING PARAGRAPH (A) "NUMBER, TERM AND
QUALIFICATION OF MEMBERS" OF SECTION 18-43 "COMPOSITION;
APPOINTMENT; VACANCIES; COMPENSATION; REMOVAL FROM OFFICE,
ETC." OF DIVISION 2 "RESORT TAX COMMITTEE" OF ARTICLE II "RESORT
TAX" OF CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE;
PROVIDING FOR AN AMENDMENT OF THAT PARAGRAPH OF THE VILLAGE
CODE TO EXPAND THE COMMITTEE SIZE FROM FIVE (5) TO SIX (6)
MEMBERS AND TO ENABLE ONE MEMBER OF THE RESORT TAX
COMMITTEE TO BE A PERSON WHO DOES NOT EITHER WORK OR RESIDE
IN BAL HARBOUR; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
ORDINANCE NO. _
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING PARAGRAPH (A) "NUMBER, TERM AND
QUALIFICATION OF MEMBERS" OF SECTION 18-43 "COMPOSITION;
APPOINTMENT; VACANCIES; COMPENSATION; REMOVAL FROM OFFICE,
ETC." OF DIVISION 2 "RESORT TAX COMMITTEE" OF ARTICLE II "RESORT
TAX" OF CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE;
PROVIDING FOR AN AMENDMENT OF THAT PARAGRAPH OF THE VILLAGE
CODE TO ENABLE ONE MEMBER OF THE RESORT TAX COMMITTEE TO BE
A PERSON WHO DOES NOT EITHER WORK OR RESIDE IN BAL HARBOUR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
Mayor Berlin explained that two ordinances were drafted, per the Council's direction at the
July meeting, He advised that both ordinances provide an amendment to the Code that
would allow for an individual that is neither a resident, nor working full time in the Village, to
be eligible to serve on the Resort Tax Committee. Mayor Berlin stated that the choice is
whether the Council wants to expand the Committee from five to six members, if it wants to
move forward with one of the ordinances.
Assistant Mayor Tantleff suggested keeping it at five members because the Village
Attorney has mentioned that there would be a risk of having ties if there are six members.
He would be in favor of having one member, of the five., being exempt from residing or
working in Bal Harbour, because he thinks it would bring a new view to the Committee from
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someone who is not here all the time. Assistant Mayor Tantleff stated that he would be in
favor of A. Anthony Noboa continuing to serve on the Committee. Mr. Wolpin stated that if
one of the ordinances is passed, then the Council would still have the option of either
having all five members living or working in Bal Harbour, or having one member living or
working outside of Bal Harbour. Councilman Roth agreed that it would be good to have a
member who lives outside of Bal Harbour, but he also likes the idea of having six
members, because the Sea View Hotel should be represented, since they are the second
largest contributor of resort tax. He suggested that in the event of a tie, a Council member
could break the tie. Assistant Mayor Tantleff advised that the only reason that he disagrees
with the Sea View being on the Committee is that there may be a hotel at the Harbour
House North site or the Beach Club site, in the future. He stated that it shouldn't be a
condition that everyone who has a hotel automatically be on the Committee.
Stanley Whitman, Developer — Bal Harbour Shops, suggested that the Resort Tax
Committee meetings be shorter. He stated that the Committee only had three members
until 1986, which worked very nicely. Mr. Whitman thinks that if too many people are on the
Committee, then the meetings will be very long.
Mr. Wolpin stated that there is a technical reason that would cause him to recommend the
alternative that does not increase the size of the Committee. He explained that, under Tab
B, Page 2, Section 5, it states that the amendment that would increase the Board from five
to six members is subject to the condition that it be approved by a four fifths (4/5) vote of
the Resort Tax Committee, and also by the affirmative vote of four Council members. Mr.
Wolpin advised that requirement comes from the law that created the municipal resort tax
that was adopted in 1967, which states that when the membership is expanded of a Board
such as this, the Village needs to meet the special vote requirements. He stated that the
Council today could not make four affirmative votes, because 4 members are not present.
Mr. Wolpin stated that the provision that one of the five members may be a person that
does not reside or work in Bal Harbour does not fall under the statutory restriction dealing
with the membership on the Board. He advised that deals with qualifications, which does
not require an extraordinary vote requirement. Therefore, Tab C could be adopted as the
preferred alternative that keeps the Board at five members, but provides that one member
may be one that does not work or reside in Bal Harbour.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
the ordinance listed under Tab C, keeping five members for the Resort Tax Committee. The
motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Gorson absent; Councilman Jacobi absent; Councilman Roth aye. Thus becoming:
ORDINANCE NO. _
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING PARAGRAPH (A) "NUMBER, TERM AND
QUALIFICATION OF MEMBERS" OF SECTION 18-43 "COMPOSITION;
APPOINTMENT; VACANCIES; COMPENSATION; REMOVAL FROM OFFICE,
ETC." OF DIVISION 2 "RESORT TAX COMMITTEE" OF ARTICLE II "RESORT
TAX" OF CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE;
PROVIDING FOR AN AMENDMENT OF THAT PARAGRAPH OF THE VILLAGE
CODE TO ENABLE ONE MEMBER OF THE RESORT TAX COMMITTEE TO BE
A PERSON WHO DOES NOT EITHER WORK OR RESIDE IN BAL HARBOUR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
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PROVIDING FOR EFFECTIVE DATE.
5. OTHER BUSINESS:
Assistant Mayor Tantleff announced that tonight is his last dinner as the President of the
Miami -Dade County League of Cities. He thanked Councilman Roth for his support.
Assistant Mayor Tantleff stated that the half percent sales tax will be on the ballot. He
advised that if it does pass, the municipalities will get 20% of the proceeds (approximately
$96,000 per year). He explained that was through an effort of the League meeting with the
County. Assistant Mayor Tantleff advised that the amount is based on population. Mr.
Wolpin advised that the money could only be used for transportation issues. Assistant
Mayor Tantleff stated that it could be used for a new bus, but it couldn't be used for
something that is already in place.
Assistant Mayor Tantleff reported that he met with Manny Gonzalez, who is Alex Penelas'
point person on legislation, and Julio Robaina, who is the Hialeah Council President. He
advised that Hialeah does one of the best jobs in Tallahassee lobbying, because they do it
themselves. He explained that they have a point person in Tallahassee to keep them
posted on bills that they are interested in. Assistant Mayor Tantleff thinks that since the
Village has cut Ron Book's (Village's Lobbyist) bill down, it may want to hire a point person
in Tallahassee to advise the Village about bills that it may be interested in. Mayor Berlin
stated that for a lobbyist to be effective it has to be year round, not just when the session
starts. Mr. Wolpin stated that Ron Book will work with the Village on that and the Council
can authorize the Village Manager to work with Mr. Book on coordinating that. Mayor Berlin
doesn't know if the Village needs to do anything more than just using Mr. Book right now.
He explained that the reason for reducing Mr. Book's compensation was not a reflection of
the quality of his work, it was trying to match up the dollars the Village was paying, versus
the level of need for the service. He suggested that for the upcoming session this year, the
Village Manager speak with Mr. Book and find out what level of service the Village will get,
with respect to keeping the Village abreast of the activities in the session and to make sure
that the fee the Village is paying covers that. Mr. Wolpin advised that when other cities
have requested, he has seen Mr. Book come in for a workshop meeting to discuss future
goals and objectives, which he does under the umbrella of the lobbyist fee. He suggested
that the Council authorize the Village Manager to coordinate that. Mr. Wolpin advised that
he hasn't seen anybody able to generate as much energy and effort as Mr. Book has, so
the Village just needs to let him know what it wants.
Assistant Mayor Tantleff reported on the Florida League of Cities meetings, which the
Council should attend in the future if they can.
Assistant Mayor Tantleff advised that he attended a meeting with Mr. Treppeda, Mr.
Whitman, representatives from Bay Harbor, the County, and DOT (Department of
Transportation) regarding 96th Street. He reported that the County and DOT had no idea
how Surfside was able to put the restrictions in on 96th Street (closing Abbot Avenue).
Assistant Mayor Tantleff stated that the next meeting will be September 18th. Mr. Whitman
advised that Arnold Ramos and Ron Book have been very helpful with this.
Councilman Roth reported that he has received good reports on the jogging path and
Beach Master Plan.
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Mr. Wolpin discussed the matter of dog control, with reference to dangerous dogs. He
advised that the Village Attorneys have done research on the matter and the Village
already has several weapons at its disposal, such as the comprehensive provisions of the
Code that address dog control, which also incorporates the County's Code of provisions on
dangerous dogs. He advised that there is also a State statute concerning dangerous dogs,
which has various provisions to allow cities to use the procedures of that statute for
determining that a dog is dangerous and allows cities to adopt additional provisions, as
long as they are not breed specific or less restrictive than the State statute. He advised that
the Council will be receiving a letter on this, but it is the Village Attorneys' conclusion that if
the Council wants, it can authorize them to prepare an ordinance that once a dog is found
to be a dangerous dog (it has attacked other dogs or people without probacation) it could
be prohibited from being harbored, possessed, or kept within the limits of Bal Harbour. Or,
once a dog has been found to be a dangerous dog, the owner has to present evidence
showing financial responsibility, in the form of insurance. It was the consensus of the Council
that the Village Attorney draft an ordinance prohibiting the possession of a dangerous dog, within
Bal Harbour, once a determination has been made that a dog is in fact dangerous. Mr. Wolpin
advised it should be ready for the October meeting. Mayor Berlin advised that he has read
about a town that recently enacted a muzzle law. He stated that is has always bothered
him that the Village's law has this loophole that a dog can be deemed dangerous and the
dog cannot be removed. Mr. Wolpin stated that the County provision does not include
prohibition.
Mr. Treppeda reported that the 96th Street landscaping is moving along, as soon as DOT
and the Town of Surfside issue the permits.
Mr. Treppeda stated that the Building Official checked the shade structure at the Park and
he is not comfortable with the concrete drying period of time. He explained that the
concrete has to dry longer before they can put up the rest of the structure.
6. ADJOURN: There being no further business to come before the Council, a
motion was offered by Councilman Roth and seconded by Mayor Berlin to adjourn. The motion
carried unanimously (3-0), with Councilman Gorson and Councilman Jacobi absent, and the
meeting adjourned at 4:50 p.m.
Mayor Howard J. BerIin
Attest:
Jeanette Horton, MMC
Village Clerk
/elh
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