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HomeMy Public PortalAbout2002-12-17 Regular Meeting116 COUNCIL MINUTES REGULAR MEETING — DECEMBER 17. 2002 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 17, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:02 a.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff Councilman Peg E. Gorson Councilman Joel S. Jacobil Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. Mayor Berlin welcomed Councilman Gorson back. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Councilman Gorson. 3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the minutes of the November 19, 2002 Regular Council Meeting. The motion carried unanimously (5-0k and the minutes were approved as submitted. 4. PRESENTATIONS General Employee of the Month for October — Edward Akelaitis: Chief Freeman announced that Edward Akelaitis was selected as "Employee of the Month" for October 2002, in recognition of his work in relief dispatch assignments, report writing, traffic direction, handling calls for service not requiring an armed police officer, code enforcement, animal control, parking enforcement, courier, and preparation for the Department's Assessors. Mr. Akelaitis was presented with a plaque by Chief Freeman. Mr. Akelaitis was presented with a check by Mayor Berlin, on behalf of the Village. 5. PUBLIC HEARINGS: None 6. ORDINANCE FIRST READING: None. 7. ORDINANCE SECOND READING/PUBLIC HEARING: None. I Councilman Jacobi arrived during the Pledge of Allegiance. Regular Council Meeting 12/17/2002 1 117 8. RESOLUTIONS: None. 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Councilman Jacobi reported that the construction on the Village Hall Administrative Offices is doing well. Mr. Treppeda advised that construction will be completed mid -January. Mayor Berlin reminded Councilman Jacobi that he needs to have his photo taken for the Council Chamber. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Special Masters Reappointment: Mr. Treppeda explained that the Village Special Masters, Darcee Siegel, Russell Mace, and Carolyn Howard are interested in serving for another year. He advised that their current terms expire on December 31, 2002. Mr. Treppeda recommended the reappointment of Darcee Siegel, Russell Warren Mace III, and Carolyn Howard as Special Masters for Bal Harbour Village from January 1, 2003 until December 31, 2003. A motion was offered by Councilman Roth and seconded by Councilman Gorson to ratify the Village Manager's reappointment of Darcee Siegel, Russell Warren Mace III, and Carolyn Howard as Special Masters for Bal Harbour Village from January 1, 2003 until December 31, 2003. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Approval of Beer, Wine, and Liquor License (4 COP) — Elia Restaurant: Mr. Treppeda explained that the Village Zoning Code requires Council approval for an establishment wishing to serve alcoholic beverages. He advised that Elia Restaurant, which is opening in the Bal Harbour Shops, is requesting approval for a 4COP License to permit liquor, beer, and wine to be served. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to authorize the Village Manager to sign the 4COP License for Elia Restaurant, permitting them to serve beer, wine and liquor. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Request for Approval of Contribution to Surf-Bal-Bay Recreation Program: Mr. Treppeda explained that for the past four years, Bal Harbour, Bay Harbor, and Surfside have supported an after -school program that is based at Ruth K. Broad Bay Harbor Elementary School. Lauren Perez, Coordinator for the Surf-Bal-Bay Recreation Program, explained the program and advised that drama and computers have recently been added. She advised that over 200 students participate in the program. Regular Council Meeting 12/17/2002 2 118 A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve $10,000.00for Bal Harbour's contribution to the Surf-Bal-Bay Recreation Program. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye: Councilman Roth aye. Request for Approval of Additional Funds for Beach Maintenance: Mr. Treppeda explained that $112,000.00 was budgeted for maintenance of the Beach Master Plan landscaping, by Luke's Landscaping. He advised that the Village's Landscape Architect, Bill O'Leary, has assessed the maintenance during the past 6 months and has developed a schedule for the company to provide adequate manpower for maintenance. Mr. Treppeda reported that an additional $54,940.00 is needed above what was budgeted. He explained that the funds are available and have been reserved from funds that were budgeted, but not needed, for the Beach Master Plan project. Mr. Treppeda advised that this will be a perpetual expense, but will not be as much as it is this year, since the company is trying to get the weeds, etc. under control. Mayor Berlin questioned if the Council knew at the time that it approved the plans that it would cost $100,000 a year to maintain. Mr. Treppeda thinks that they thought Village staff could handle it. Robert Wheidon, Director of Public Works, advised that they thought the Village would need at least one additional maintenance worker; however, they are still trying to get the project under control. Mr. Treppeda stated that the maintenance is more than what was expected. Bill O'Leary, Landscape Architect, reported that the weeds were ramped. He explained that Luke's Landscaping has the landscaping maintenance contract for the City of Aventura and Sunny Isles Beach. He thinks that the Village may be able to reduce the manpower by 20% next year. Mr. O'Leary explained that the landscaping is extensive and will require increased maintenance over what anyone thought. He advised that's due to the land conditions (beach), the type of vegetation used in some cases, etc. Mayor Berlin requested that Mr. Treppeda monitor this. He suggested that the Village take into consideration using a heartier plant in certain areas, which will not have to be replaced. A motion was offered by Councilman Gorson and seconded by Councilman Roth to approve an additional $54,940.00 of funds, reserved from the Beach Master Plan Project, to cover Luke's Landscaping's services for the rest of the fiscal year. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Approval of Lease Agreements for Three (3) Public Works Trucks: Mr. Treppeda explained that $78,500.00 is budgeted for the replacement of three public works trucks. He advised that they are proposing to lease the three trucks, instead of purchasing them, which will stretch the payments out over a 5-year period. Mr. Treppeda reported that the following prices were provided under the State of Florida bid: 2003 GMC Sierra: Two —'h ton 4 Wheel Drive Trucks: $322.08 per month (see Note) Note: There was a mistake in the Council Agenda on the Manager's Memorandum. The Cost for these two trucks is $345.79 each per month 2003 GMC Sierra: One — 3/4 ton 4 Wheel Drive Truck: $405.84 per month A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Jacobi to Regular Council Meeting 12/17/2002 3 ]19 authorize the Village Manager to enter into lease agreements for the replacement of three budgeted Public Works pick-up truck, as listed above. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mayor Tantleff ave; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth ave. Approval of Performance Bonus for General Employees: Mr. Treppeda explained that General Employees are entitled to receive an annual bonus, based upon their job performance for the year. He advised that employees are evaluated by their direct supervisor on attendance, demeanor, work performance, and dependability. Mr. Treppeda reported that he also reviews the evaluations, before they are given to the employees for review. He explained that employees are eligible to receive a bonus between 1 % and 4%, of their annual salary. Mr. Treppeda advised that $71,065.00 was budgeted for performance bonuses and the total cost for the bonuses this year is $47,580.92. He explained that the average performance bonus rating for 2002 is 3.25%. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $47,580.92 for General Employee Bonuses for 2002. The motion carried with the vote as follows: Manor Berlin aye; Assistant Manor Tantleff aye; Councilman Gorson aye; Councilman Jacobi ave; Councilman Roth aye. Consideration of Performance Bonus for Village Manager and Village Clerk: Mr. Treppeda explained that the Council may consider performance bonuses for the Village Manager and Village Clerk/Finance Director. He reported that while general employees are entitled to a bonus between 1 % to 4%, the Council determines what bonus amount to award to the Manager and Clerk. Mr. Treppeda advised that the Council has given a 5% bonus to the Manager and Clerk for the past two years. Mr. Treppeda and Mrs. Horton left the room at this time. Councilman Roth recommended that they both receive a 5% bonus. Councilman Jacobi thinks that they both do a superb job. Mayor Berlin thinks that 5% would be a good amount. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve a 5% bonus for the Village Manager and a 5% bonus for the Village Clerk. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Mr. Treppeda and Mrs. Horton returned to the meeting at this time. Recommendations of Resort Tax Committee: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee, at their meeting on December 12, 2002: 1. Northeast Sales Rep — Kathleen Triptree 2. Fam Tour for Northeast Sales Rep (Jan. 8-10) (for airfare, hotel, and meals) 3. GMCVB Reception (Dec. 18) $ 2,000.00 per month $ 800.00 $ 1,000.00 Regular Council Meeting 12/17/2002 4 120 4. Travel Agents Direct Mail (January) $ 4,000.00 5. New York Sales Receptions (January) $ 8,000.00 6. Beach Events 7. Appointment of Sheraton's New General Manager to Resort Tax Committee (Hans Altenhoff) TOTAL: $31,800.00 Mr. Treppeda explained that the Sheraton is getting more requests to use the beach for parties. He advised that his concern is the noise levels from live bands playing on the beach. Mr. Treppeda stated that the Sheraton's General Manager, Hans Altenhoff, has reported that the Sheraton may lose conventions if they are not permitted to hold these types of events on the beach. Councilman Roth doesn't think that it would be a problem and suggested that the Sheraton write memos to the adjoining condos advising them of the events. Mr. Weiss suggested that there be some internal regulations that the Manager's office come up with (cleanup, electrical, vegetation, etc.). He stated that there should be some sort of public works memorandum or something that deals with how that will be done. Mr. Weiss thinks that should be worked out between the Sheraton and the Manager's office. Hans Altenhoff, Sheraton Bal Harbour Beach Resort General Manager, advised that the Sheraton is seeing more of a demand for beach parties and they will work within the timetable up to 10:00 p.m., etc. He stated that the Sheraton would make sure that the beach is left in good shape after the parties, but they can't afford to turn down groups. Mr. Altenhoff advised that he will work with the Village Manager to make sure that nobody is inconvenienced. He explained that they are not interested in having rock bands out there. Mayor Berlin suggested developing a policy for the use, cleanup, maintenance, etc. He suggested that Mr. Treppeda get with Mr. Wheldon to make sure that Public Works knows what needs to be done. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the above listed Resort Tax Committee Items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. 10. OTHER BUSINESS: Mr. Weiss advised that Scott Robin is here with his office's telecommunications group. He stated that the Village's telecommunications ordinance, which deals with the cable company, has not been revised for many years. Mr. Weiss stated that they have been advised that there may be a cable change taking place (Charter is being sold). He advised that there are a couple of things in the ordinance (fees charged for a transfer, customer service requirements, etc.) that they feel need to be updated in the ordinance, which should be done now, before a request for the transfer comes in. Mr. Weiss requested authorization to do the work. Scott Robin, Weiss Serota Helfman Pastoriza Guedes, advised that Charter may be sold and the Village Attorneys would like to protect the interests of the community by modifying the current cable ordinance, to include enforcement mechanisms, application requirements, etc. He explained that currently there is only a $200 renewal fee and $500 application fee. Mr. Robin advised that cities usually include $7500-$1 0,000 for those fees, for cost recovery. That way all of the Village's legal fees and other negotiations will be Regular Council Meeting 12/17/2002 5 121 covered by the application fees. He explained that other possible changes would be to the customer service requirements, in order to update them. Mayor Berlin questioned about the hardware. Mr. Robin advised that they could also include upgrade requirements as well. Mayor Berlin advised that there have been service problems, particularly in the Security District, and some representatives have advised that it's because of old wiring, etc. Mr. Robin stated that would be something that could be negotiated, if a transfer occurs, as well as modifying the ordinance to include upgrade requirements. Mr. Weiss advised that they will do the work. Mr. Robin will have a recommendation for the next meeting. Babak Raheb, resident-128 Balfour Drive, reviewed a memorandum that he submitted to the Council and advised that the items should include #2 (a), (b), (c), and (d). He discussed Resolution 316, which states in essence that the Village hired the Civic Association to perform certain duties. Mr. Raheb stated that for many years, the Association has not kept up with the terms and conditions. He discussed that there is nothing in the records and the contract states that the Agency shall not incur any obligation or provide any service for the Village, without the written authorization from the Village. Mr. Raheb stated that has not been done. He advised that for the past several years, there have never been secured bids and proposals or any bidding process. Mr. Raheb believes that this contract is in violation and is in breech. He advised that since it is in breech and the ultimate decision maker is the Village Manager, in regard to approving such a security contract, then he is suggesting to cut out the middleman and let the Village deal with it directly. Mr. Raheb advised that he has a problem with taxation without representation, because he doesn't believe that the Association is a proper form of representing his interests. He explained that since the Association is a non-profit corporation, covered under Chapter 617, it must follow certain rules and regulations, according to the State statutes. He explained that one of those is that it must follow its own by-laws, which as far as he can see, have not been followed. He explained that the present Committee and present President have not followed the Association by-laws. Mr. Raheb advised that in this contract, the Village has indemnified the Agency and held them harmless, as far as anything happening in regard to anything that they might do. He stated that he has a problem with that because if the Association does not follow the by-laws of the corporation, then the whole process is flawed and that is the Village's responsibility, because in essence the Village becomes liable, since it has held them harmless to any damage arising from it. Mr. Raheb thinks that if the Village should be responsible, then it should be directly between the taxpayer and the Village; the people who are elected. He advised that he wants to hold his elected official directly responsible, as far as this tax assessment. Mr. Raheb thinks that since the Village collects the money, enforces if someone doesn't pay, and gives final approval when needed, then the Association is a middleman and is not necessary. He stated that if any citizen has any concern regarding the assessment, then their voice can be heard at the Council meeting when the process goes forward. Mr. Raheb advised that in current form, most people in the Association do not get involved (7-10 people show up at the meeting). He explained that the Board, by definition in its by-laws, must have the majority of its residents, which could be over 150 people. Mr. Raheb advised that it never has a quorum; it never has a true majority or true representation of the people. He stated that Councilman Roth had advised at the last Council meeting that the Council has just been rubber-stamping what the Association wants. Mr. Raheb advised that he doesn't want rubber-stamping of what the Association wants, he wants his concern to be dealt with directly by the Village. He stated that the Village raised the tax, created the tax, Regular Council Meeting 12/17/2002 6 122 and collects the tax, and therefore, he thinks the Village should decide how it is processed. Assistant Mayor Tantleff questioned if the Civic Association has a position on this. Mr. Raheb advised that he is not concerned with the Civic Association, because one of his problems is the Civic Association's lack of productivity. He stated for example that the process of selecting a new security company is going into the 5th month, and he doesn't see anything happening regarding it at least for another couple of months. He advised that in the meantime, it is costing $3,000 a month, as far as he is concerned. Mr. Raheb reported that he has other options, which he doesn't want to take, for example going to Circuit Court and having the Civic Association dissolved, due to the fact that they have violated their own by-laws and state statutes. He advised that is the last thing that he wants to do, because then anybody can come into the District, because it would become part of the Village. Mr. Raheb advised that he doesn't want the Association itself to be dissolved, because in concept it is a good idea, but it's being processed and handled wrong and is not being enforced the correct way. He stated that his voice and concerns, due to maybe cultural differences, are not listened to. Assistant Mayor Tantleff offered to take the lead role on this, since he doesn't live in the residential district, to meet with the residents of the residential district and attend some Civic Association meetings, and report back to the Council. Mr. Raheb clarified that all he wants is the contract, which provides the Civic Association to be the Agency, to be voided. He stated that the contract basically says that the Civic Association takes the decision of selecting the security company, etc. and then submits it to the Village Manager for approval and then goes to the Council for approval. Mr. Raheb thinks that it's an unnecessary step, because the process with the Civic Association, when changes need to be made, is slow, irrelevant, and not necessary and there is not true representation when going through the Association. He advised that he doesn't want the Civic Association to be dissolved; he wants the contract voided, because when someone is hired they are expected to perform the duties. Mr. Raheb advised that if they don't perform the duties, then they should be fired, so he wants to fire the Civic Association in handling the Security District. Mr. Raheb stated that under the Bal Harbour Charter, the Village Manager is hired and it is under his duties that he makes decisions on the Security District. He advised that it will eventually come before the Council when the money has to be distributed, but it's under the Village Manager to be responsible for the Security District. Mr. Raheb stated that if any resident has a concern, they can come to the Council to be heard. He advised that when the Civic Association is run and it does not follow its by-law, by definition, it is corrupt. He stated that if they're not following their own rules, then it's not an Association. Mr. Raheb stated that the whole purpose of the Association, by definition, is to promote civic responsibility. He advised that one of the problems is Kent Security, because the owner lives in the Security District. Mr. Raheb advised that, by definition, the owner is a member of the Association. He reported that the by-laws state that no particular interest of a member shall be pursued. Mr. Raheb advised that in this case, the owner is a member and there is a conflict of interest. He explained that those types of things are his concerns. Councilman Roth questioned if all condominiums that have this type of problem should come before the Council. Mr. Raheb explained that condominiums are formed under Chapter 700. He advised that the Civic Association is under Chapter 600, so it doesn't have the same power. Mr. Raheb explained that it's a non-profit organization. He advised Regular Council Meeting 12/17/2002 7 123 that condominiums registered under 700 have laws that are protected by the Supreme Court. He advised that the Civic Association, under 600, does not have those powers. Mr. Weiss explained that the initiation of the Security District came from the Civic Association. He stated that the Civic Association is something that was set up, when the Village was originally formed, dealing with the people in the residential section. He believes that it is included in the plat that a Civic Association will be created, etc. (it's also in their own homeowner's documents). Mr. Weiss stated that when they had been doing their own security, the Civic Association didn't have the ability to enforce the assessments, so they asked the Village to create a special taxing district, for security purposes, to the Village. He advised that the Village agreed to do that, but didn't want to be involved in who permits were issued to, etc. so the Village advised that they would enter into a contract with the Civic Association for the Association to run the Security District for the Village. Mr. Weiss stated that's the contract that Mr. Raheb is referring to. He advised that the Village contracts with the Civic Association to run the Security District and there are certain rules and requirements, within that contract, that Mr. Raheb is discussing. Mr. Weiss stated that Mr. Raheb is suggesting that the Village cancel the contract and have the Village run the Security District itself (the Village would be responsible for dealing with issuing the permits, guards, etc.). He explained that the Village already does the financial part and every year the Council approves the special assessment for the Security District. Mr. Weiss stated that the Association works with the Village Manager to come up with a budget. Councilman Roth questioned if the majority of the people want this type of security, etc. Mr. Raheb advised that the by-laws stated that there must be a quorum present of members and the definition of a member is any person who owns a property or leases a property for 12 months, but only a person who owns a property or has his name on the title can vote. He advised that one of the problems is that on the current Board, for the past two years, there are members that are not members by definition (they don't own property), but yet they have voted on assessments. Mr. Raheb advised that the other problem is cost, because in 1992 the assessment was $495 and it is now currently $1,047.00. He explained that calculating inflation for the past 10 years, at 3% annually, comes out to a 30% increase. Mr. Raheb advised that the cost has gone up 110% on the current assessment, which he thinks is too much. Assistant Mayor Tantleff offered to take the lead role, meet with Mr. Raheb and other people, attend the Civic Association meetings, and report back to the Council. Mr. Raheb thinks that items would be reviewed more carefully under the eye of the Village rather than the Association. He would like to hold his elected official responsible, not people who are appointed. Assistant Mayor Tantleff would also like to include the Village Manager and Village Attorney in the discussions as well. Mayor Berlin questioned if he is permitted to vote on this issue. Mr. Weiss advised that he is. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth for Assistant Mayor Tantleff to represent the Council in discussions with the Village Manager, Village Attorney, the Civic Association, and residents in the Residential District, to review this issue and come back with a report. The motion carried with the vote as follows: Mayor Berlin aye; Regular Council Meeting 12/17/2002 8 124 Assistant Mayor Tantleff aye; Councilman Gorson aye; Councilman Jacobi aye; Councilman Roth aye. Mr. Weiss clarified that for sunshine purposes, Assistant Mayor Tantleff will act as a liaison and come back and give a report to the Council, but will not have any decision making authority; he will just gather facts. 11. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 9:50 a.m. 7 Mayor Howard J. Berl.._ Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 12/17/2002 9