HomeMy Public PortalAbout2004-01-20 Regular Meeting_t
COUNCIL MINUTES
REGULAR MEETING - JANUARY 20, 2004
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 20,
2004, 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
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
4. PLEDGE OF ALLEGIANCES The Pledge of Allegiance was led by Chief
Hunker and Captain Klingman.
3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Roth
and seconded by Councilman Gorson to approve the minutes of the December 5, 2003 Special
Meeting and December 16, 2003 Regular Meeting. The motion carried unanimously (5-0), and
the minutes were approved as submitted.
4. PRESENTATIONS: None.
S. PUBLIC HEARINGS: None
6. ORDINANCES SECOND READING/PUBLIC HEARINGS An ordinance
was read by title, by the Village Clerk, amending the section of the Code relating to Lobbying
and Lobbyists.
Mayor Tantleff opened the public hearing.
Dina Cellini, resident —211 Bal Cross Drive, advised that she read the changes that were
put in between first and second reading, concerning individual residents. Ms. Ccl:ini lead the
following from Article VII, Section 2-301 on page 2: "Nothing in this section s!lla" be
to require an individual resident of the Village who is simply acting on his ci. i-, ovi•r. b^huh :r
on behalf of any group of such residents (without any compensatiol) t.) te0ter as a
Lobbyist." She questioned if it was the intent of the ordinance to require a r^sirent who
lobbying the Village Council, on behalf of another resident, for contiwent or 'nc irect
compensation, to register as a lobbyist (or if it's only direct compensation). ix/Ir. W.3 65i statA
that compensation is payment of some form or another. Ms. Cellini stated that race Co..l ty
Code makes the distinction between direct, indirect or contingent and questioned why the
1 Councilman Jacobi arrived during the Pledge of Allegiance
Regular Council Meeting 01/20/2004 1
87
Village didn't. Mr. Weiss stated that contingent compensation would be covered. He doesn't
know exactly what indirect means. Ms. Cellini stated that maybe it would be compensation
through a family member. She thinks that it would be clearer if the Village added direct,
indirect, or contingent. Mr. Weiss stated that the problem with indirect compensation is that
there could be compensation that is non -monetary or non -financial. He stated that the
intention is not for somebody to pay someone's wife or mother, to get around it. Mr. Weiss
advised that the intention is that if someone is receiving compensation, then they need to
register. He explained that the purpose of this section was to make it clear, because there
were some questions, that a person such as Ms. Cellini who is either acting on her own or on
behalf of a couple of neighbors, comes to the meeting, wouldn't have to register. Ms. Cellini
questioned if compensation that's contingent on Council action sometime in the future would
be covered. Mr. Weiss thinks that would be covered. Ms. Cellini recommended that it be
made clearer in the ordinance, since the language was specifically added.
There being no additional comments, Mayor Tantleff closed the public hearing.
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 aye; Councilman Jacobi aye. Thus
becoming:
ORDINANCE NO. 490
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.
7. ORDINANCES FIRST READING: None.
8. RESOLUTIONS:
A resolution was read by title, by the Village Clerk, authorizing a lease/purchase agreement
for a street sweeper. (Note: Passing this resolution will allow staff to move forward with
financing and obtaining the Tennant Sentinel Power Sweeper. The total price for the
sweeper and all selected options is $112,217.76. An amount of $24,000.00 was included in
the current budget for lease payments for a street sweeper).
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
this resolution. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor
Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Thus
becoming:
RESOLUTION NO. 654
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE
EXECUTION AND DELIVERY OF A MASTER LEASE/PURCHASE AGREEMENT
Regular Council Meeting 0l/20/2004 2
WITH BANC OF AMERICA LEASING & CAPITAL LLC; AUTHORIZING A
LEASE OF A STREET SWEEPER THEREUNDER; AUTHORIZING THE
EXECUTION OF SUCH DOCUMENTS AS MAY BE NECESSARY TO COMPLETE
THE TRANSACTION CONTEMPLATED HEREBY; AND PROVIDING AN
EFFECTIVE DATE.
A resolution was read by title, by the Village Clerk, approving the transfer of the cable
television license.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
this resolution. The motion carried with the vote as follows: Mayor Tantleff aye;_Assistant Mayor
Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Thus
becoming:
RESOLUTION NO. 655
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL
HARBOUR, FLORIDA, APPROVING THE TRANSFER OF THE CABLE
TELEVISION LICENSE HELD BY INTERL1NK COMMUNICATIONS PARTNERS.
L.L.C. TO ATLANTIC BROADBAND (MIAMI) L.L.C. AND THE TRANSFER OF
CONTROL OF THE CABLE SYSTEM FROM CHARTER COMMUNICATIONS,
INC.. TO ATLANTIC BROADBAND FINANCE, L.L.C.; PROVIDING FOR
CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Gary Resnick, Village Attorney, introduced Donna Garafano and Steven Wells, from
Atlantic Broadband.
9. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Tantleff congratulated the police department, staff, and building department on the
implosion (Harbour House North building).
Mayor Tantleff questioned if the Village is getting a new bus. Mr. Treppeda stated that he is
meeting with Atlantic Bus and is working towards that. Mayor Tantleff also suggested
extending the hours. Mr. Treppeda agreed.
Mayor Tantleff announced that the Village's audit came in perfect and there were no
recommendations for changes. He congratulated Mrs. Horton on a perfect audit.
B. VILLAGE ATTORNEY: Mr Weiss stated that there is not a cell phone
tower ordinance for the Village. He explained that the law reads that if there isn't one in
place, then after a certain time. the cell towers are deemed to be approved. Mr. Weiss
requested authorization to draft an ordinance, to make sure that if someone does apply for
a cell tower within the Village, that the Village is protected. It was the consensus of the
Council to authorize Mr. Weiss to draft a cell phone tower ordinance.
Councilman Gorson questioned if there is going to be an additional traffic light, due to the
One Bal Harbour building. Mr. Treppeda stated that there are currently no plans. but that
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89
will be studied with the police department. He advised that if one is needed, then they will
meet with the Department of Transportation.
C. VILLAGE MANAGER:
Update on Separate Assessment Bills for Security District
Condo Owners: Mr. Treppeda explained that at the last meeting Gabriela Webster
brought up that she had hoped that the Village would be able to bill co-ops and condos in
the Security District separately on their security assessment each year. He reported that
the issue was researched and the Village Attorneys have advised that could be done with
condos, but not with co-ops, because collections couldn't be done from individuals,
because they're corporations. Mr. Treppeda stated that would turn the collection over to the
Village of each condo resident, instead of the associations, which the Village could handle.
He explained that each condo owner would have to be added to the software. Mr.
Treppeda reported that before the equalization hearing, the Village Attorney would have to
change the formula. Mayor Tantleff requested that the information be given to Ms. Webster
to see what she wants to do with it. Mr. Treppeda advised that the Village will also be
contacting each condo in the Security District, to see if they want to do this.
Request for Approval to Purchase Microfiche Reader/Printer:
Mr. Treppeda advised that the current microfiche reader/printer is 15 years old and isn't
working. He reported that Mrs. Horton received prices for a new one and would like to
replace it for $3,516.00. Mr. Treppeda stated that the machine is not on a bid, but the
company gave a bid price of a similar machine.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
$3,516.00 to purchase a new Minolta RP 600z microfiche reader/printer. The motion carried with
the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye;
Councilman Gorson aye; Councilman Jacobi aye.
Request to Expend Forfeiture Funds: Mr. Treppeda explained that
Chief Hunker is requesting to expend forfeiture funds, in the total amount of $64,567.54,
for the following items:
Two New Ford Crown Victoria Police Vehicles
Vehicle with Lights, Siren. Cage, and Warranty Plan $47,657.54
Police Radios $ 8,000.00
Transportation $ 500.00
Police Striping $ 500.00
Defibrillator $ 6,000.00
L.E.O. Awards Dinner
For two tables at the annual LEO (Law Enforcement Officer) Awards.
Proceeds to benefit two law enforcement charities.
$62,657.54
$ 2,000.00
A motion was offered by Councilman Gorson and seconded by Councilman Jacobi to approve
$64,567.54 of Forfeiture 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 aye; Councilman Jacobi aye.
Regular Council Meeting 0l/20/2004 4
Chief Hunker reported that last month they collected $30,000 and this month they did
approximately $100,000 with Miami -Dade County (the Village gets 50% of those amounts.
which equals $65,000).
Request for Approval to Replace Dead Palm Tree in Park: Mr.
Treppeda explained that there is a dead Date Palm at the entrance to the Park. He
reported that Luke's Landscaping honored their bid from a year ago, when they replaced
another tree, Mr. Treppeda stated that there are extra costs, because they need to use a
crane to get over the fence in the Park. He advised that the total cost is $6,460.00 as
follows
Remove and Install 1 dead Date Palm
Labor for 1 Landscape Foreman
2 Laborers
1 Crane
$6,000.00
$ 110.00
$ 180.00
$ 170.00
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
$6,460.00 for Luke's Landscaping to replace a dead Date Palm tree in Bal Harbour Park. The
motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye;
Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye.
Discussion of Council Salaries/Benefits Survey: Mr. Treppeda
advised that he was asked to conduct a Council Salaries/Benefits Survey, which is
enclosed. Based on the following averages, for municipalities with no strong Mayors and
omitting Miami -Dade County and the City of Miami, the study indicates that Bal Harbour's
Mayor and Council compensation is below the average of Miami -Dade County
Municipalities:
Average Mayor Salary $4,360.00 Bal Harbour $1,800.00
Average Mayor Expense Account $3,622.00 Bal Harbour $No Set Expense Account
Average Council Member Salary $3,063.00 Bal Harbour $1,200.00
Average Council Member Expense Account $3,062.00 Bal Harbour $No Set Expense Account
(Note: Some municipalities provide other benefits, such as medical insurance, life insurance, tolls, and
pensions).
Assistant Mayor Roth questioned when the $100 was instituted. Mrs. Horton thinks that it
was in 1968. Assistant Mayor Roth stated that he requested the study and advised that he
doesn't think it will benefit him, if the fee is raised. He thinks that a $100 fee, since 1968, is
asinine. Assistant Mayor Roth thinks that the residents living in Bat Harbour, who look to
seek office, have to decide that $100 is what they have to look forward to, in addition to
other items. He explained that three out of the five Council people have been reported to
either professional organizations or the Ethics Committee, for so-called violations.
Assistant Mayor Roth stated that it's something, besides the $100, that they have to look
forward to. He thinks that if the Village wants to get qualified people to run for the Council
and the word goes out about people being reported to the Bar Association or the Ethics
Committee and other professional organizations, then he doesn't think the Village is going
to get anyone to serve for $100 a month, or $500 a month. Assistant Mayor Roth doesn't
Regular Council Meeting 01/20/2004 5
91
think that the people in Bal Harbour really need the money and do it out of the goodness of
their heart and to try to add something to the community. He stated that there has been a
trend in municipalities, where the voters have raised the pay of city elected officials.
Assistant Mayor Roth thinks that if the Village wants to get people to run, then it's going to
have a hard time. He thinks that for the future, this should be discussed and it should be
kept on the back burner. Assistant Mayor Roth doesn't think that it has to go to the voters
and the Council has the power if they want to do it, but it wouldn't go into effect, until the
following election, which would be in April 2005. He thinks that the Council should seriously
think about it. along with all the circumstances of what's happening in the Village (such as
people making innocent good judgments and then all of a sudden being threatened with a
lawsuit). Assistant Mayor Roth doesn't think that anyone is going to want the job. He
advised that he is not requesting immediate action.
Resort Tax Committee Recommendations: Mr. Treppeda
reviewed the following items that were recommended for approval by the Resort Tax
Committee, at their meeting on January 15, 2004:
1)
Sales Mission (January and February) $
(For Kathleen Tripptree to conduct sales calls and make presentations to
travel agencies in the New York Tri-State Area, Philadelphia, and Washington, DC)
2) Florida Live Trade Show (February 24-26) $
(Sales Mission led by Visit Florida targeting travel agents in
Westchester County, and Manhattan)
3) Production of the New Tourism Lure Brochure
(For 100,000 brochures and the rights to use stock photography)
4) Production of the New Passport
(For 125,000 passports)
5) Contribution for Entertainment at Destination Fashion (Feb. 27)
(A Public Relations Fundraiser for the Miami Project to Cure Paralysis)
TOTAL:
Long Island,
6,000.00
1,300.00
$ 51,100.00
$ 50,599.00
$100,000.00
$208,999.00
Mayor Tantleff explained that this money comes from resort taxes that are paid through the
food and bed taxes. He stated that the Village is one of several municipalities that have
that tax. Mayor Tantleff advised that the Village has a new public relations agency and
advertising agency and the Resort Tax Committee has been meeting twice a month, to
select where ads will be placed. Stephanie Sayfie, The Miami Project to Cure Paralysis,
discussed the Destination Fashion event at the Shops and the media that it will bring in.
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve
$208,999.00 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 aye; Councilman Jacobi aye.
Mr. Treppeda advised that so far the Village has received checks in the amount of
$200,000.00 ($125,000.00 of that is the first installment, to defer the costs of the
landscaping on the beach). He explained that will help the resort tax fund, since money
was already budgeted for it. He reported that the remainder of the money was for
emergency call boxes for the beach, which will be installed shortly. Mr. Treppeda explained
that the Village will be getting a total of $1.5 million, over a period of time. He stated that
the Village has received a letter of credit for $550,000.00, which is for landscaping on 96th
Street.
Regular Council Meeting 01/20/2004 6
10. OTHER BUSINESS:
Babak Raheb, resident — 128 Balfour Drive, discussed the study and advised that he
was surprised that New York, San Francisco, and Paris weren't on the list. He doesn't
consider it to be a study, because it's incomplete and doesn't cover the following:
population of the cities involved, whether the job of the Mayor is full time or part time, and
the budget of the cities. Mr. Raheb reviewed the population and budgets for Golden Beach,
Aventura, and Bay Harbor. He thinks that to pick certain cities and call it a study is an insult
to taxpayers and residents, because it's incomplete. Mr. Raheb responded to Assistant
Mayor Roth's comments regarding people that may run for a position and thinks that they
won't do it for the money and doesn't think a couple of extra bucks is going to make a
difference to people running for office. He stated that people do it because they want to
serve their community, or give something back, like the people here have. Mr, Raheb
reported that the $100 was done in 1977, not 1968. He advised that the insurance
compensation was done in 1968, which was not voter approved or passed by resolution.
Mr. Raheb stated that the insurance compensation package is roughly $6,000 a year. He
thinks that people who run for office want to serve the community and the extra money is
unnecessary and uncalled for.
Brian Mulheren, resident — Carlton Terrace Condominium, thinks that people run for
office to serve their government, neighbors, and citizens. He doesn't think that there's
anything wrong with giving compensation to people and everybody isn't wealthy, so there
has to be something to counter some of the expenses that people run, to serve in that
office. Mr. Mulheren discussed the implosion at the Harbour House and thinks that the
Village did a great job. Mr. Mulheren stated that there's nothing wrong with rewarding an
administration that's doing a great job. He reported that it's not a lot of money, but
whatever it is, it's saying thank you, which is what should be done.
Phil Corbisiero, resident — 63 Bal Bay Drive, questioned if there's an ordinance
regarding feeding stray cats. He stated that Surfside is contemplating or has passed a no
stray cat feeding law and his concern is that Bal Harbour may encounter a problem. Mr.
Corbisiero knows there are some stray cats that are being fed by residents now and
wondered in the long run if it could be a potential problem. He commended the Council for
their admirable work. Mr. Treppeda reported that the Village spays and neuters the cats,
because it's a very sensitive topic. He stated that Surfside is getting a lot of animal activists
going to their meetings now. Mr. Treppeda advised that there's nothing on the books to
prevent the feedings. Assistant Mayor Roth stated that some people pay to have the cats
neutered and the population has decreased. He thinks that the Village should leave its
program as it is. because it seems to work and there's no great hardship. Mr, Treppeda
stated that he hasn't had many complaints lately.
Sylvia Holder, resident — 24 Bat Bay Drive, questioned the beautification of 96th Street
and if the project is finished, because the street lights are now in place. She stated that on
the sidewalk, 3 to 4 of the street lights are on the sidewalks and on pedestals, so people
stumble over them and there might be an accident. Mrs. Holder stated that the other ones
are in the grass, which doesn't matter. She stated that on the other side, in Surfside, they
are recessed, so they are flat in the sidewalk. Mr. Treppeda will check on that. Mayor
Tantleff stated that the Village has to re -do the grass, etc. on 96th Street. Mrs. Holder
congratulated the Council on doing a great job. She asked the Council members to stay.
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93
Dina Cellini, resident-211 Bal Cross Drive, asked that whenever the Council directs the
Village Attorneys to prepare a legal opinion and compensates them for that legal opinion,
that the legal opinions be made part of the public record and be sent to the Village
Manager, so that they are available for inspection and/or copying by the residents. Mayor
Tantleff agreed.
11. ADJOURN: There being no further business to come before the Council, a
motion was offered by Councilman Gorson and seconded by Assistant Mayor Roth to adjourn.
The motion carried unanimously (5-0), and the meetinz adjourned at 9:30 a.m.
Mayor Daniel S. Tantleff
Attest:
�
Jeanette Horton, MMC
Village Clerk
/elh
Regular Council Meeting 01/20/2004 8