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.
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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.
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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
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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
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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
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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,
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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
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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;
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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
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