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HomeMy Public PortalAbout2003-11-18 Regular Meeting71 COUNCIL MINUTES REGULAR MEETING — NOVEMBER 18. 2003 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November 18, 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 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 Absent: Councilman Howard J. Berlin As a quorum was determined to be present, the meeting commenced. Q. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Bal Harbour resident Brian Mulheren. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Gorson and seconded by Assistant Mayor Roth to approve the minutes of the October 21, 2003 Regular Meeting. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Jacobi absent, and the minutes were approved as submitted. 4. PRESENTATIONS: None. S. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None. 7. ORDINANCES FIRST READING: None. B. RESOLUTIONS: None. 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Tantleff announced that there is an opening for a member on the Resort Tax Committee, since Boris Milgram is no longer employed by Neiman Marcus. He requested 1 Councilman Jacobi arrived prior to the items discussed by Tillage Attorney. Regular Council Meeting 1 1/18/2003 l to add this Board appointment to the agenda. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to add the appointment of a Resort Tax Committee Member to the agenda. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi absent. Mayor Tantleff nominated Donna Tallon, Manager of Saks Fifth Avenue — Bal Harbour Shops, to serve on the Resort Tax Committee. A motion was offered by Councilman Gorson and seconded by Assistant Mayor Roth to appoint Donna Tallon, Manager of Saks Fifth Avenue, to the Resort Tax Committee. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi absent. B. VILLAGE ATTORNEY: Mr. Weiss requested an Executive Session in the Bal Harbour versus Welsh case. It was the consensus of the Council to schedule an Executive Session. Assistant Mayor Roth requested that a study be done by the Village Manager regarding Council compensation in other municipalities, which hasn't been changed for Bal Harbour since 1977. It was the consensus of the Council for the Village Manager to conduct the study. Mr. Weiss advised that the Charter states that the compensation is $1 per year, until changed by ordinance, which shall not be increased during the current term of the Councilmen enacting the ordinance. He advised that if this Council passes something, then it would be effective for the next Council. The Council discussed the police presence for the FTAA (Free Trade Agreement of the Americas) Conference. C. VILLAGE MANAGER: Mutual Aid Agreement with the Golden Beach Police Department: Mr. Treppeda explained that Chief Hunker is requesting a mutual aid agreement with the Golden Beach Police Department. He advised that it has already been approved by the Village Attorneys' office. Mr. Treppeda advised that the Village usually has mutual aid agreements with surrounding departments, so that there is a legal agreement that spells out whose insurance covers what, etc. if the departments have to help each other. Chief Hunker explained that the Village has mutual aid agreements with Miami Beach, Surfside, Bay Harbor, and all the surrounding communities, in case there is a situation where mutual aid is requested. He advised that it is a standard agreement. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the Mutual Aid Agreement with the Golden Beach Police Department. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Authorization to Expend Funds: Mr. Treppeda advised that Chief Regular Council Meeting 1 1/18/2003 2 73 Hunker is requesting to spend regular funds over $2,500 for the following items: 1. The Police Law Institute $3,288.00 (Annual Subscription to the Monthly Legal Update and Review computer -based training for Village officers that meets mandatory training required for officers to retain their State Certification) 2. Southern Police Institute $5,990.00 (For Captain Klingman and Captain Roye to attend the Command Officers Development Course) A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to authorize the expenditure of 19,278.00 for the above listed items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Request to Expend Forfeiture Funds: Mr. Treppeda requested that the memorandum in the agenda be amended as follows: charge the County Court Standby Program ($1,267.62) to the General Fund instead and defer the LEO Awards Dinner ($3,000.00) until further review. Mr. Treppeda explained that Chief Hunker is requesting to expend forfeiture funds in the total amount of $116,235.21 for the following items: 1. VIN Unit Expense Funds $ 60,000.00 (For Investigative Costs and Payments to Confidential Informants) 2. Vehicle Purchase $ 34,000.00 ($28,000 for Dodge Truck and $6,000.00 to Purchase and Install Emergency Vehicle Equipment on Four Unmarked Vehicles) 3. Phone System Improvements $ 7,235.21 (For Caller ID, Software Upgrades, and Additional Telephone Unit for Dispatch) 4. Overtime Expenditures $ 15,000.00 (Related to the Free Trade Agreement of the Americas Conference) TOTAL $116,235.21 Babak Raheb, resident — 128 Balfour Drive, advised that he knows that the forfeiture fund is money that has been confiscated by the police. He stated that there is a presumption that this is actually free money, which it isn't. Mr. Raheb explained that there is money in manpower and resources spent in order to get that money. He questioned how much money the police department expends, to receive their share of the forfeiture funds. Mr. Raheb suggested that it be run like a business and questioned if the Village is spending more in police funds (man hours, equipment, etc.) and if the Village is getting the same amount as the forfeiture fund results. Mr. Treppeda will research that. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the expenditure of $116,235.21 in Forfeiture funds for the above listed items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Request for Approval of Funds for Community Holiday Party at Ba1 Harbour Park: Mr. Treppeda explained that the party will be held December 7th from 1:00 pm to 5:00 pm. He advised that $3,100.00 is requested for: snow, characters for kids, ponies, face painting, animal balloons, bounce house, food, and decorations. Regular Council Meeting 11/18/2003 3 A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve $3,100.00 of budgeted funds for a community holiday party at Bal Harbour Park. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Committee, at their meeting on November 13, 2003: 11 Starwood Gay & Lesbian Initiative (Nov. 19-20) $ 1.000.00 (For Two $500 Gift Certificates at the Shops) 21 Mexican Media Fam Tour (Dec. 11-14) $ 9,000.00 (For Lodging, Air Tickets, Ground Transportation, and Meals) 3) In -Market Meeting Planner Event (January) $ 10,000.00 (For Design/Printing of Invitations, Catering, Audio -Visual, and Travel Expenses) 4) Holiday Reception for South Florida Receptive Tour Operators & Media $ 8,000.00 (For Food and Beverage, Invitations, Models, and Photographer in January) 5) Greater Miami CVB Request to Host Meeting Planners from Latin America $ 480.00 (For Lunch at Carpaccio — November 12j TOTAL: $28,480.00 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $28,480.00 in Resort Tax funds for the above listed items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Corson aye; Councilman Jacobi aye. 10. OTHER BUSINESS: Dina Cellini, resident - 211 Bal Cross Drive, requested an update on the status of the transfer from the Civic Association to the Village on the Security District and if it's still going through. Mr, Weiss advised that due to the lawsuit that has been filed, they have recommended that things stay "status quo", until the lawsuit is resolved. He explained that prior to the lawsuit, they were moving ahead and trying to understand the regulations that would apply to the guardhouse, etc. Mr, Weiss stated that once the lawsuit was filed, it was recommended by both the Village Attorney and the Litigation Counsel that's handling it for the insurance company that it remain on hold, until the lawsuit is resolved. Ms. Cellini stated that two months ago the Civic Association meeting lasted five minutes and the Board didn't want to discuss anything. She advised that last month the meeting was canceled the day of the meeting. Ms. Cellini stated that the Council doesn't want to touch it and the Civic Association doesn't want to touch it and, in the meantime, the residents are waiting to see who is in charge. She advised that the last vote of the Civic Association (approximately 4 months ago) was that they were canceling the agreement between the Civic Association and the Village. Mr. Treppeda stated that the Civic Association didn't give the Village the written notice that's required. Ms. Cellini questioned if it's the position of the Council that the Civic Association is still in charge of the Security District and the company that's handling it. Mr. Weiss and Mr. Treppeda responded yes. Babak Raheb, resident-128 Balfour Drive, doesn't think that any compensation should be granted to the Council by ordinance, because he considers it to be unconstitutional. Regular Council Meeting 1 1/18/2003 4 75 since the voters have not done it. He suggested that, since it wouldn't be effective until the next term, that the Village put it on a ballot and let the voters of the Village give compensation, which would be effective immediately for that term. Mr. Raheb doesn't think that the Village should just give itself a raise. He advised that he still has a problem and the answer he received from Mr. Treppeda is not satisfactory, because there is not statute or ordinance for the compensation that the Council is currently receiving in the form of insurance (it was done at a meeting in 1968). Mr. Raheb advised that the Village is currently expending about $25,000 a year for health insurance. He stated that no other city receives compensation for health insurance. Mr. Weiss advised that isn't correct. Mr. Raheb stated that Bay Harbor, Golden Beach, and Aventura...Mayor Tantleff stated that Assistant Mayor Roth is requesting a study, which will show where the Village is with health care and compensation (for the Council). Mr. Raheb stated that with regards to the health care issue, the Village's Charter says there has to be an ordinance and no ordinance was passed (there was just a meeting). Brian Mulheren, resident— Carlton Terrace Condominium, thinks that people who give public service deserve something and it's only fair that it be looked at. He thinks that the people who serve on this Council should get some compensation and it should be studied. 11. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Roth and seconded by Councilman_Jacobi to adjourn. The motion carried unanimously (4-0), with Councilman Berlin absent, and the meeting adjourned at 9:20 a.m. Mayor Daniel S. Tantleff Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 1 1/18/2003 5