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HomeMy Public PortalAbout2003-04-15 Regular Meeting1$1 COUNCIL MINUTES REGULAR MEETING — APRIL 15. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, April 15, 2003, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:00 a.m. by Mayor Tantleff. Those present were: Also present: Mayor Daniel S. Tantleff Assistant Mayor Seymour "Sy" Roth Councilman Howard J. Berlin Councilman Peg E. Gorson Councilman Joel S. Jacobi 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 Tantleff thanked former Mayor Berlin for allowing him the opportunity to serve and advised that he will work very hard to make the Council and residents proud. Mayor Tantleff commended former Mayor Berlin on the excellent job he did as Mayor. He advised that he is a big fan of advocacy and Bal Harbour. He explained that since Bal Harbour is a small municipality, it's very important for its elected officials to contact the County and State Legislature, regarding what is important to Bal Harbour (beach renourishment, Bay Harbor elementary, etc). 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police Chief Freeman. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Berlin and seconded by Assistant Mayor Roth to approve the minutes of the March 18, 2003, Reeular Council Meetine. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. PRESENTATIONS: Special Master Recognition — Darcee Siegel, Russell Warren Mace III, and Carolyn Howard: Mr. Treppeda advised that the special masters volunteer their time to hear code enforcement appeal cases. Since none of the special masters were present to receive their awards, they will be delivered. Mayor Tantleff advised that the Village is thanking Darcee Siegel, Russell Warren Mace III, and Carolyn Howard for dedicating their time to hear code enforcement cases, which the Village appreciates. S. PUBLIC HEARINGS: None Regular Council Meeting 04/15/2003 1 185 6. ORDINANCES FIRST READINGS None 7. ORDINANCES SECOND READING/PUBLIC HEARING: None. 8. RESOLUTIONS: None 9. REQUEST FOR APPROVAL OF EMPLOYMENT CONTRACTS: Mayor Tantleff advised that Assistant Mayor Roth was put in charge of negotiating these contracts. Assistant Mayor Roth advised that the Village Manager and Village Clerk/Finance Director both have five year contracts, which expire September 30, 2003. Village Manager: Assistant Mayor Roth explained that the Village Manager's last raise was 8'h years ago. He advised that Mr. Treppeda has requested a salary increase and a contract renewal, for the next five years. Assistant Mayor Roth explained that comparisons were made with 30 other cities and villages. He reported that after negotiations, he is proposing a salary of $102,000.00, subject to cost of living increases (the lowest is Bay Harbor at $80,000, and the highest is at $178,000). He is also proposing a 3 year contract, instead of a 5 year contract, with an option for the Village to renew for an additional 2 years, at a 6% salary increase (which would be $108,000). Assistant Mayor Roth explained that Mr. Treppeda currently gets a $400 per month car allowance and he is proposing to increase that to a $500 per month car allowance. He advised that city managers receive from $300 to $700 per month, for car allowance. Assistant Mayor Roth is proposing to leave the severance pay at 6 months. He is also proposing to increase the tuition reimbursement from $2,000 per year to $5,000 per year, to allow the Village Manager to increase his skills, if he desires. Assistant Mayor Roth advised that this contract will be effective October 1, 2003: Contract Term: Severance Pay: Salary: Car Allowance: Tuition Reimbursement: Insurance: 3 years, with 2 year Village option for renewal, with 6% salary increase 6 months $102,000.00, with 6% increase, if Village renews for 2 year option $500.00 per month $5,000.00 per year Add domestic partner benefit *effective immediately A motion was offered by Councilman Berlin and seconded by Councilman Jacobi to approve the contract for Village Manager Alfred Treppeda, as proposed by Assistant Mayor Roth. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Village Clerk/Finance Director: Assistant Mayor Roth explained that Mrs. Horton wears two hats as Village Clerk and Finance Director. He advised that she was given an increase a year ago. Assistant Mayor Roth reported that in comparing other cities and what they pay for the two jobs, the cost would be substantially greater than what Mrs. Horton is receiving. He suggested that the Village enter into a 3-year contract, instead of 5 years, with the Village having the option for an additional 2 years. Assistant Mayor Roth proposed a $5,000 increase from $81,600 to $86,600 for 3 years and advised that any percentage increase for additional years would be subject to negotiation. He advised that the severance pay of 3 months was kept the same and conference expenses will be reimbursed. Assistant Mayor Roth is also proposing a car allowance of $200 per month Regular Council Meeting 04/15/2003 2 186 (finance directors vary from $500 to nothing). Assistant Mayor Roth advised that this contract will be effective October 1, 2003: Contract Term: 3 years, with 2 year Village option for renewal Severance Pay: 3 months Salary: $86,600.00 Car Allowance: $200.00 per month Conference Expenses Reimbursement: Actual Expense A motion was offered by Councilman Berlin and seconded by Assistant Mayor Roth to approve the contract for Village Clerk/Finance Director Jeanette Horton, as proposed by Assistant Mayor Roth. The motion carried with the vote as follows: Mayor Tantleffaye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Assistant to Village Manager: Mr. Treppeda advised that Larry Freeman has worked for him for the past 8 years as the Chief of Police and has done an excellent job. He explained that during his time, the Village has become accredited by both federal and state agencies that recognize the professionalism of police departments. Mr. Treppeda thinks that each chief has moved the Village from one level to another and Chief Freeman has raised the Village quite a bit. He explained that the Village recently hired Tom Hunker as Deputy Chief, who has brought in great ideas. Mr. Treppeda advised that he and Chief Freeman have come to a mutually beneficial agreement. He explained that he would like to continue to use the skills of Chief Freeman to help him as Assistant to the Village Manager. Mr. Treppeda stated that this agreement would allow Chief Freeman to continue as the Assistant to the Village Manager, for at least the 18-month period that would bring him to his retirement period. A motion was offered by Councilman Gorson and seconded by Assistant Mayor Roth to approve the contract for Larry Freeman as Assistant to the Village Manager. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Mayor Tantleff thanked Chief Freeman for his years of service as Chief. Mr. Treppeda reported that the Village will have recognition for Chief Freeman's accomplishments, at the appropriate time. He explained that the police department needs leadership to continue the police department's work. Mr. Treppeda named Tom Hunker as the Acting Chief of Police. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Tantleff announced that he will continue the tradition of the Council sharing responsibilities for giving out keys, etc. when a Council member should be present at events. Councilman Jacobi advised that the Park ribbon cutting ceremony was fantastic. He suggested that "Bal Harbour Day" be done every year and volunteered to work with Ms. Kordalewski on that. Regular Council Meeting 04/15/2003 3 187 B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Request to Hire Two Additional Non -Budgeted Police Officer Positions and Funding for the Cost of Promotions: Acting Chief Hunker explained that one officer is out on suspension and another is very ill and may require a lengthy period of leave, there is a boat coming on, and Chief Freeman is leaving, so he will need additional personnel to take responsibilities over the patrol and communication sections, as well as the detective bureau. He requested permission to hire two additional officers, to make sure that the boat is operational and meets all the needs that the Village requires. Acting Chief Hunker advised that he would like to hire certified officers and he will do a thorough background check. A motion was offered by Assistant Mayor Roth and seconded by Councilman Berlin to approve hiring two additional police officers and adequate compensation to those who are proposed to be promoted. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth ave; Councilman Berlin ave; Councilman Gorson ave; Councilman Jacobi aye. Mrs. Horton explained that under the new directive from the State, under the GASBE 34, any changes in the original budget must be amended by resolution. She advised that there is a very tight budget and this is going to have to come before the Council in June and the funding for the extra police and everything will have to come out of fund balance, which must be approved by the Council. Mayor Tantleff clarified that the Village has a healthy fund balance. Mrs. Horton agreed. Request for Approval of Fees for Personnel Investigation: Mr. Treppeda explained that approval is needed for fees for an investigation that was handled by a private investigation agency. A motion was offered by Assistant Mayor Roth and seconded by Councilman Berlin to approve $3, 600.00 for an investigation conducted by Franklin Investigators, Inc. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following recommendations, made by the Resort Tax Committee, at their meeting on April 10, 2003: 1. Miami Herald Travel Expo (April 5) (Booth/Exhibit Space Rental, Audio -Visual, Materials) 2. New York Sales Mission for the Sea View (end of April in New York) (Catering for Various Sales Presentations at Travel Agencies) TOTAL: $ 900.00 $1,000.00 $1,900.00 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $1,900.00 for the above listed Resort Tax Committee Items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth ave; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Regular Council Meeting 04/15/2003 4 .88 11. OTHER BUSINESS: Babak Raheb, resident — 128 Balfour Drive, questioned what the private investigation was for. Mr. Treppeda advised that it is currently an ongoing investigation, so the information is not releasable. He explained that it is an internal investigation, regarding employees. Mr. Raheb advised that he reviewed the Security District budget, for the past couple of years, and explained that Item 102991 shows a management fee to the general fund, which the Village charges the Association $7,500, per year. He stated that resolution 316 and 464 give the Association the work to do and to be compensated by the Village for a sum of $10. Mr. Raheb advised that it doesn't provide for the Village to charge any money to the Association. He requested that this be looked into and that if any money is taken from the Association, then it should be returned back to the Association. Mr. Raheb stated that there is not actual basis of law or a resolution that justifies the $7,500 per year that the Association has been charged. Mayor Tantleff requested that Mr. Treppeda look into that. Mr. Raheb reviewed that under "other objects", $6,500 and $13,000 the year before, they were charged for landscaping. He reported that the resolution itself covers the special tax district for security and maintenance specifically. Mr. Raheb advised that it does not cover, in any language, landscaping. He requested a legal opinion regarding that, because if that money is being charged, then he thinks it should be returned back to the residents of the Association. Mr. Raheb advised that in September last year, based on resolution 464, he brought the issue to the Council regarding the formulation of the distribution of the special taxing district. He stated at that time he was told that it should go to the Association. Mr. Raheb advised that it has been 8 months and it hasn't gone anywhere for the Association and he doesn't think it ever will. He doesn't want it to be an issue, since the budget is going to be coming up, not to be looked at and to just be waiting for the Association to make a recommendation. Mr. Raheb thinks that if the Association doesn't have a recommendation, then the Council should make a determination of its own, about changing that formulation. Brian Mulheren, resident — Carlton Terrace Condominium, commended Mayor Berlin for the job that he did. He also thanked Mr. Treppeda for the action of putting American flags up in Bal Harbour, showing support of the troops. Mr. Mulheren welcomed and commended Mayor Tantleff, Assistant Mayor Roth, and the Council. He stated that Chief Freeman has done a great job and is a fine representative of law enforcement. Mr. Mulheren thinks that the Village has chosen a fine individual by selecting Tom Hunker as Acting Chief. He thanked the officers of the Police Department, for the job that they do. Assistant Mayor Roth stated that his building wanted to put up a flagpole over a year ago and he thinks that they're having a difficult time with permitting. Mr. Treppeda advised that he referred it to the building department, because they needed something, but he will follow up on that. Mr. Treppeda stated that under Larry Freeman's agreement (Assistant to the Village Manager) one clause was added, which was reviewed by the Village Attorney's office, and he needs to get it into the record. Mr. Weiss thought that the motion to approve the Regular Council Meeting 04/15/2003 5 189 contract was including the clause that was requested. He advised that this clause is standard. Mr. Weiss explained that a municipal employee cannot be sued for negligence under Florida law. Mayor Tantleff clarified that the language in the clause was included in the approval for the contract for Larry Freeman. Mayor Tantleff advised that the Legislature is in session and every week he gets a Legislative Bulletin, since he is on the Board of Directors for the Florida League of Cities. He will distribute that to the Council, showing issues that affect municipalities. 12. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Councilman Gorson to adjourn. The motion carried unanimously (5-0), and the meetine adjourned at 9:30 a.m. Mayor Daniel S. Tantleff Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 04/15/2003 6