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HomeMy Public PortalAbout2003-12-16 Regular MeetingCOUNCIL MINUTES REGULAR MEETING — DECEMBER 161 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, December 16, 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 Joel S. Jacobi Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Peg E. Gorson As a quorum was determined to be present, the meeting commenced. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Village Employees Hilda Rodriguez and Arsenio Santiago. 3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the minutes of the November 18, 2003 Regular Meeting. The motion carried unanimously (4-0), with Councilman Gorson absent, and the minutes were approved as submitted. 4. PRESENTATIONS: General Employee of the Month for October 2003 - Hilda Rodriguez: Mrs„ Horton explained that Hilda Rodriguez was selected as the Employee of the Month (October 2003) for her duties in the Accounting Department including: handling water billing, setting up new software for occupational licenses, burglar alarms, and the security district assessment, detecting a fraudulent check which was written on one of Bal Harbour's accounts by an unknown criminal, and serving as a Spanish translator for the Police Department on the case of the abandoned baby on the beach. Mrs. Horton presented Mrs. Rodriguez with the "Employee of the Month" plaque for October 2003. Mayor Tantleff presented Mrs. Rodriguez with a check, on behalf of the Village. General Employee of the month for November 2003 — Arsenio Santiago: Mr. Treppeda explained that Arsenio Santiago was selected as the Employee of the Month (November 2003) for carrying out the duties necessary in making Bal Harbour Park's appearance his primary objective Including: inspecting park equipment for safety issues, removing any mold/mildew on the rubber surfaces, maintaining the landscaping. and emptying the trash daily. Mr. Treppeda presented Mr. Santiago with the "Employee of the Month" plaque for November 2003. Mayor Tantleff presented Mr. Santiago with a Regular Council Meeting 12/16/2003 1 79 check, on behalf of the Village. 5. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None. 7. ORDINANCES FIRST READING: An ordinance was read by title, by the Village Clerk, amending the section of the Code relating to Lobbying and Lobbyists. Mr. Weiss explained that Dade County is taking the position, based upon the language in the current County Code, that the County ordinance applies to Bal Harbour. He advised that Bal Harbour doesn't necessarily agree with that, but his recommendation is not to fight with them about it. Mr. Weiss thinks that for people that are doing business with the Village, there is a lobbying registration requirement. He advised that there have been some questions in terms of compensation, so there might be some clarifications that they will do to the ordinance on second reading. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve this ordinance. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY CREATING ARTICLE VII "LOBBYING" TO CONSIST OF SECTION 2-301 "LOBBYISTS" OF CHAPTER 2 "ADMINISTRATION"; BY ADOPTING SECTION 2-11.1(S) OF THE MIAMI-DADE COUNTY CODE CONCERNING LOBBYING, AS MODIFIED HEREIN; PROVIDING FOR RELATED FEES AND OTHER PROVISIONS CONCERNING LOBBYISTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 8. RESOLUTIONS: None. 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Tantleff commented that everyone had a day at the Park (holiday party), where the Village brought in snow. Assistant Mayor Roth agreed. Mayor Tantleff suggested having something for adults, since all of the Park events have been for kids. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Special Master Reappointment: Mr. Treppeda explained that Darcee Siegel has done a great job for the Village as a Special Master. He stated that pursuant to Section 2-182, the Village Manager shall appoint and reappoint Special Masters, subject to ratification by the Village Council. Mr. Treppeda recommended Regular Council Meeting 12/16/2003 2 reappointing Darcee Siegel to serve another year. He advised that her term expires December 31, 2003 and she has agreed to serve again. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to ratify the reappointment of Darcee Siegel as a Special Master for Bal Harbour Villape,_through December 31, 2004. The motion carried with the vote as follows: Mayor Tantleff ayes Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Discussion of Use of Transportation Tax Proceeds: Mr. Treppeda advised that Bal Harbour gets $96,266.93 this year, as part of the half -cent People's Transportation Tax. Mrs. Horton reported that the Village has received $54,000 so far. Mr. Treppeda advised that they greatly restrict what the money can be used for. He advised that if the Village doesn't spend the money, then it will lose it. Mr. Treppeda reviewed the following items, to be shown on the five-year plan for Bal Harbour: a) Purchase of a mini -bus for use as the Bal Harbour Shuttle. b) Expand the hours that the shuttle runs (currently only 3 days per week/4 hours per day). c) Fund maintenance and operating costs of a Village -owned mini -bus. d) Maintenance (painting) of the existing bus shelters and sidewalk repairs. e) Replacement of paver plaza areas along sidewalks. f) Repaving of 96"' Street portion east of Collins Avenue and installation of vehicular ramp leading down to beach. Mr. Treppeda advised that all of the items on the list may not be approved, but he thinks the Village should try to get all of them covered. He explained that the Village will be getting this money every year. Mayor Tantleff explained that the sales tax was increased by a half cent last year. He advised that as President of the League of Cities he worked with Mayor Alex Penelas and Mayor Raul Martinez (Hialeah) to make sure that the municipalities received 20% back. Mayor Tantleff stated that the money has to be used for something that the Village doesn't have in existence. Mr. Treppeda advised that he will submit the report by December 31, 2003. Babak Raheb, resident — 128 Balfour Drive, thinks that the Village needs to be careful with purchasing a mini -bus, because he has friends who are in the business and the air conditioning goes every 3-4 days. He stated that the cost of maintenance is enormous. Mr. Raheb suggested that before the Village buys a mini -bus, it should talk to some experts in different mini -bus services and look at their maintenance records. Mr. Treppeda explained that he is not looking to hire employees to operate the mini -bus, but to lease the staff for 1-2 years from a company. He advised that way the Village would also have a back-up bus, in case of repairs. Mayor Tantleff requested that Mr. Treppeda take Mr. Raheb's comments into consideration. Request to Expend Forfeiture Funds for Police Athletic League Awards Luncheon: Mr. Treppeda explained that Chief Hunker is requesting to expend forfeiture funds, in the total amount of $1,500.00, for the purchase of six tickets to the Miami Beach Police Athletic League Awards Luncheon. He reported that the funds raised at the luncheon are used for crime and drug prevention efforts in the Miami Beach area. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve Regular Council Meeting 12/16/2003 3 81 the expenditure of $1,500.00 in Forfeiture funds for the above listed item. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Request to Expend Funds for Purchase of Three MP5 Machine Guns: Mr. Treppeda explained that Chief Hunker is requesting to expend $6,681.00 in operating funds, for the purchase of three MP5 Machine Guns. Babak Raheb, resident — 128 Balfour Drive, questioned why Bal Harbour needs MP5 Machine Guns. Councilman Jacobi advised that they are using it for the Task Force. Mr. Raheb stated that he still hasn't seen the amounts of the items that he asked for. Mayor Tantleff advised that Mr. Treppeda has the information. He explained that this money is coming from the general fund. Mr. Raheb still wants to know how much money is being spent of tax funds (for the Task Force) and if the Village is getting it in return, so the Village will know whether this portion (buying machine guns) will be necessary. Mr. Treppeda advised that the Village is taking in far more than it is spending. Mayor Tantleff requested that Mr. Treppeda provide Mr. Raheb with that report. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $6,681.00 of budgeted funds for three MP5 Machine Guns. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Award of Bid for Sewer Station #2 Conversion Project: Mr. Treppeda advised that the following bids were received to upgrade the main sewer pump station, located next to the SunTrust Bank, by converting to submersible pumps: Wharton -Smith, Inc. Metro Equipment Service H.A. Contracting Corp. $1,037,000.00 $1,155,750.00 $1,426,300.00 Mr. Treppeda reported that CAS (Village Engineers) is familiar with the low bidder, Wharton -Smith, Inc., and recommend them. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to award the bid for the conversion of Sewer Station #2 to submersible pumps to Wharton -Smith, Inc. for $1,037,000.00. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Approval of General Employee Performance Bonuses for 2003: Mr. Treppeda advised that each year a bonus is done for general employees, based upon their performance throughout the year. He explained that employees are rated by their direct supervisor on attendance, demeanor, work performance, and dependability. Mr. Treppeda advised that he reviews the ratings with the supervisors, before they are given to the employees. He explained that employees are eligible for a 1 %-4% bonus. He reported that the total cost for bonuses for the General Employees is $64,385.02, which is within the budgeted amount of $86,237.00. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $64,385.02 for the 2003 General Employee Performance Bonuses. The motion carried with the Regular Council Meeting 12/16/2003 4 vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Dina Cellini, resident-211 Bal Cross Drive, advised that she thinks the Village has the greatest employees. She questioned why there is a cap of 4% on the performance bonus. Mr. Treppeda advised that it was established in 1990, as a way to lower the cost to the Village. He clarified that instead of merit increases, a bonus type of a plan was implemented. Ms. Cellini stated that the Village Manager and Village Clerk are entitled to bonuses greater than 4% and in the last few years have received 5%. She thinks that it's unfair that the general employees are only entitled to a maximum of 4%, even if they do a fantastic job. Ms. Cellini thinks that the Village should reconsider the fairness of having a different standard for administrators, as opposed to general employees. Mr. Treppeda advised that he uses the plan that was set in 1990. Assistant Mayor Tantleff thinks that if the maximum is 5% that any one person can get, then it should be that way for everyone. Mr. Treppeda advised that is up to the Council. Mr, Weiss thinks that should be dealt with at budget time, if the Council wants to change that policy. Consideration of Performance Bonuses for Village Manager and Village Clerk: Mr. Treppeda advised that he and Mrs. Horton received a 5% bonus during the last three years. Assistant Mayor Roth thinks that the Village ran very well. Mr. Treppeda and Mrs. Horton left the meeting at this time. Babak Raheb, resident-128 Balfour Drive, stated that several months ago, the Village Manager and Village Clerk received a raise. He doesn't think that they should be given a bonus within a span of 3-4 months, on top of the raise. Mr. Raheb questioned if the performance of the Village Manager is adequate. He advised that he has several problems with the performance of the Village Manager and the Village Clerk. Mr. Raheb thinks that it would be premature to give a bonus, since they just got an increase of thousands of dollars. Mayor Tantleff advised that for years the Village Manager never asked for a raise, so all the Council did was bring him in Tine with Sunny Isles, Bay Harbor, and Surfside, because he was making substantially less money. He reported that they did the same for the Village Clerk, who is doing two jobs (Village Clerk and Finance Director). A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve a 5% bonus for both the Village Manager and Village Clerk. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Mr. Treppeda and (Virs. Horton returned to the meeting at this time. Resort Tax Committee Recommendations: Mayor Tantleff reported that resort tax revenue is down 14%, from last year, and the Committee is keeping an eye on that. Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Committee, at their meeting on December 11, 2003: 1) GDS Promotional Campaign (January) $ 4,000.00 (For an Internet Ad Campaign with the Sheraton) 2) In -Market Meetings/Convention Sales Events (February and March) $ 6,000.00 3) FAM Tours During the Signature Event, "Destination: Fashion" (February) (For Airline Tickets for 40 Attendees) $ t 6,000.00 Regular Council Meeting 12/16/2003 5 83 (To Bring Key Journalists to the Event) $ 6,000.00 TOTAL: $32,000.00 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $32,000.00 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 aye; Councilman Gorson absent; Councilman Jacobi aye. 10. OTHER BUSINESS: Mr. Treppeda explained that Village Attorney Gary Resnick, who handles telecommunications, recommends that the Village do an audit now that Charter (the cable company) is asking to transfer their license over to Atlantic Broadband. He advised that the fee would be $5,000, plus 35% of the Village's recovery, up to a maximum of $10,000. Mr. Treppeda reported that Mr. Resnick thinks that the Village would recover funds, because a lot of times the addresses are listed in the wrong city, so there is revenue that the Village could possibly get. Mr. Weiss advised that the Village hasn't done an audit of the cable provider and the franchise fees that they pay to the Village in awhile. He reported that if the Village gets an auditor to come in who knows what they're doing, then it would be revenue for the Village. Mr. Weiss thinks that this is the right time to do the audit, because Charter has already applied for transfer to new owners of the cable company and have paid the $7,500 transfer fee. He stated that before the Village approves the transfer, it should make sure that it gets paid any money that Charter owes it. Mr. Weiss stated that the auditor was formerly with one of the cable companies and they have been successful in recovering money for other cities. Councilman Berlin questioned why the audit will only go back two years. Mr. Weiss believes that the Village only has the ability to go back two years, but he will check on that. Councilman Berlin questioned if the $5,000 is credited against the 35%, or if it's in addition to it. Mr. Weiss advised that it's in addition to it. Councilman Berlin questioned what the anticipated recovery amount is. Mr. Weiss advised that it would be more than $10,000, but Mr. Resnick feels that there could be a lot more money than what the Village would be paying. Assistant Mayor Roth suggested increasing the contingency fee and lowering the out of pocket cash ($2,000 plus 50%). Mr. Weiss advised that they can try that. He explained that any expenses that the Village incurs beyond the $7,500, in terms of the transfer, including the audit, the Village will get back from the cable company before the Village approves the transfer to the new company. Mr. Weiss advised that the most the auditor can be paid is $10,000. He suggested that the Council authorize it this way ($5,000 plus 35% of the recovery) and if he can get the auditor down to $2,500 plus 50%, then he will do that, at a maximum of $10,000. It was the consensus of the Council to add this item to the agenda. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve Scott Lewis (Lewis & Associates) to perform an audit of Charter Cable for a fee of $5,000 plus 35% of the Village's recovery, up to a maximum of $10,000 and to authorize the Village Attorney to negotiate a lower "out -of pocket" amount. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson absent; Councilman Jacobi aye. Mr. Treppeda reported that the Council previously granted permission for WCI to utilize a portion of the north parking lot, for a model center. He advised that they are now going to Regular Council Meeting 12/16/2003 6 put the model center on the their own property, but they would still like to pay the Village for lost meter revenue and use the area for parking instead. Mr. Treppeda reported that they are still going to clean up the lot, at their own expense, and make it attractive, Mr. Treppeda reported that the Council salary survey is almost complete. He advised that so far it shows that of the cities that do pay their Council, the Village is very low compared to those who get paid, Mr. Treppeda will have the survey completed by the next meeting. Mr. Treppeda stated that the Village newsletter will be mailed out today. Gabriela Webster, Secretary for Whitehall (30 Park Drive), distributed a letter signed by several associations in the Security District. She advised that a few meetings ago, when the security assessments were discussed, they suggested that the homeowners be billed directly instead of the associations. Ms. Webster advised that they have signatures from most of the associations. She stated that they have a general approval of seeing if the Council can change the structure of the billing from the 11 associations to the homeowners directly. Ms. Webster hopes that the Village helps Mrs. Horton with an additional employee for the time that she needs to make any changes, if necessary. She thanked the Council for its consideration. Mrs. Horton advised that the Village would also need the association documents, the software would have to changed, and it's just not an employee to handle it when they're being billed. She explained that it would have to be an additional employee year round to handle the different things. Mr. Treppeda doesn't understand the problem with the way it is currently handled. Ms. Webster explained that it's more feasible for owners to be paying the assessment directly, instead of having an association with the responsibility of collecting the money throughout the year, which means increased maintenances, etc. Mr. Treppeda advised that the associations would be passing that on to the Village to have to do. Ms. Webster stated that the associations are collecting it for the Village now, She explained that the Village bills all the homeowners for water bills, Mrs. Horton advised that the water bills are sent to the associations. Ms, Webster stated that the argument relating to the security assessment is for all the homeowners having the same services to be treated the same, whether they are an apartment or home owner. Assistant Mayor Roth is against hiring another employee and doesn't think that 90% of the residents in the Village should subsidize the west side, to pay that employee. He thinks that they should solve their problems like the condos and co-ops and pay it one time and not create a bookkeeping nightmare. Ms. Webster stated that the bills should be sent to the owners of record and the owners for the apartments are listed, they aren't listed as Whitehall (the condo). She questioned whether or not it's even legal to bill Whitehall. Mayor Tantleff stated that the Village now has a letter signed by a substantial number of associations, so he would like to look at it. Ms. Webster doesn't think that the Civic Association has said one way or another whether they support the sharing of the bills. She stated that they are looking to be treated the same way as other homeowners. Babak Raheb, resident-128 Balfour Drive, stated that since there is a lawsuit regarding the Security District, this issue might be mute. Mr. Weiss doesn't think there should be any discussion about the lawsuit. Mr. Weiss doesn't think that the Council has enough information to make a decision. He suggested that it be referred to Mr. Treppeda and Mrs. Horton to work out the costs, see if there's really a consensus, discuss it with the Civic Association, and bring back a report Regular Council Meeting 12/16/2003 85 and recommendation to the Council. Mr. Treppeda advised that it may take an ordinance change. He explained that they need to figure out if they can even lien individual people in a co-op, etc. Mayor Tantleff requested that they Zook at all of the issues. Dina Cellini, resident — 211 Bal Cross Drive, questioned the ordinance on the agenda. She stated that Mr. Weiss advised that the County takes the position that their ordinance applies to Bal Harbour as a municipality. Ms. Cellini questioned if Mr. Weiss agrees with that. Mr. Weiss advised that he doesn't agree. Ms. Cellini questioned if he doesn't agree because Bal Harbour is the process of enacting its own ordinance, or that prior to having an ordinance in effect, Bal Harbour was not bound by the County's lobbying part of the Code. Mr.. Weiss advised that they don't think that Bal Harbour, prior to the ordinance being in effect, was bound. Ms. Cellini clarified that they don't think that prior to this ordinance going into effect on second reading, the Village was ever bound by the lobbying rules. Mr. Weiss agreed and stated that the County takes a different position and rather than spending a lot of time and effort arguing with the County over this, the Village is going to incorporate the County ordinance. Ms. Cellini clarified with some modifications. Mr. Weiss advised that the ordinance on the agenda is exactly the County ordinance and the only modification is the fees. He stated that the substance of the ordinance is exactly the same. Mr. Weiss doesn't think that the County ordinance is well drafted, so there's an issue. He advised that when residents from the Village just representing themselves speak, it's not clear that those people don't have to register as lobbyists. Mr. Weiss stated that's a point that they're going to clarify. Babak Raheb, resident — 128 Balfour Drive, discussed the Council salary survey, and requested that the report look at the compensation as a whole, not just salaries. Gabriela Webster, resident — 30 Park Drive, requested that with all of the revenue that the Village has, the Council consider some improvements around the Village including improving the drainage in the Security District or adding some French drains, landscaping, beach erosion, etc. Mr. Treppeda requested that Ms. Webster advise him of any serious drainage issues. 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 Gorson absent, and the meeting adjourned at 9:50 a.m. Mayor Daniel S. Tantleff Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 12/16/2003 8