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HomeMy Public PortalAbout2004-05-18 Regular Meeting125 COUNCIL MINUTES REGULAR MEETING - MAY 18. 2004 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 18, 2004, in the Council Chambers, at Bal Harbour Village Hall The meeting was called to order at 9 00 a m by Mayor Tantleff Mayor Tantleff introduced Stephanie Saens to the Council She was the winner in an essay contest, "How to Improve Our Community", which was open to fourth and fifth graders at Bay Harbour Elementary School Stephanie's essay was chosen from dozens of essays and as result was named Mayor for the Day at Bal Harbour Village She will be leading the Council Meeting with help from Mayor Tantleff After the meeting, Stephanie and her family will going on a boat ride around Bal Harbour, having lunch at Carpaccio's, and going in a police car to tour the neighborhood. Mayor for the Day Saens asked the Clerk to take the roll. Those present were. Also present Mayor Daniel S Tantleff Assistant Mayor Seymour "Sy" Roth Councilman Howard J. Berlin Councilman Joel S Jacobi Councilman Peg E Gorson 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 Z. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by the Mayor for the Day Saens I. APPROVAL OF MINUTES: A motion was offered bYAssistant Mayor Roth and seconded by Councilman Jacobi to approve the minutes of the April 20, 2004 Regular Meeting. The motion carried unanimously (5-0), and the minutes were approved as submitted 4. PRESENTATIONS: GENERAL EMPLOYEE OF THE MONTH - ED AKELAITISS Chief Hunker announced that Ed Akelaitis is the Employee of the Month Chief Hunker said it is not often that he gets to consider someone a genuine hero On April 8, 2004, he was returning from a detail coming through Sunny Isles when he saw a woman on top of the hood of a car, traveling at a high rate of speed Ed got behind the car, called it off, called for assistance, gave a description of the car and stayed at a safe distance Fortunately the car crashed and the woman fell of the car and landed in a grassy area The driver tried to back up and hit Ed's car and flee Ed gave assistance to the lady Because of his actions this individual was taken into custody Without the actions of Ed Akelaitis this woman could possibly have been killed It is with great pride that on behalf of the Police Department and the Village of Bal Harbour, that Ed is named Employee of the Month He Regular Council Meeting 05/ 18/2004 1 1 2 6 was presented with a plaque and a check with the thanks of the Mayor & Council Mayor Tantleff introduced Andrea Greenblatt who will be filling in for Ellisa Horvath while she is on family leave of absence, as the administrative assistant and deputy clerk Ellisa gave birth to a baby girl on May 15, 2004 5. RESOLUTION: A resolution was read by the Village Clerk providing for the amendment of the water line and sewer force main franchise agreement with the town of Surfside A motion was offered by Assistant Mayor Roth and seconded by Councilman Berlin to adopt Resolution No.661. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Corson aye; Councilman Jacobi aye. Thus becoming: RESOLUTION NO. 661 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, PROVIDING FOR THE AMENDMENT OF THE WATER LINE AND SEWER FORCE MAIN FRANCHISE AGREEMENT WITH THE TOWN OF SURFSIDE; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. Lobbyist Registration Report: The Village Clerk reported that she had three new registrations this month from WCI Steve Sorenson, Michael Patrizio and David Hart Previous registration was Stanley Whitman, General Partner of Bal Harbour Shops Dina Cellini, resident — 211 Bal Cross Drive: Ms Cellini was wondering who in Village Hall is responsible for insunng that the forms are filled out properly The Clerk stated that she is responsible for checking She receives the money and reviews them to the best of her knowledge Most of them are complete She has talked to WCI and they changed it Ms Cellini states that she has pointed out to Mr Treppeda that of the four lobbyists, three forms are incomplete in that three of them have not filled out the question that asks whether or not there is a business relationship with the councilmen I would ask that the Clerk go back and get those filled out properly Mr Treppeda said that he felt that leaving it blank meant there was no relationship Again Ms Cellini requested that this question be filled out on the application properly 6. REPORTS AND RECOMMENDATIONSi A. MAYOR AND COUNCIL: Councilman Jacobi reported that Law Day went well and that the Village received a special recognition from Judge Sheldon Schwartz and it was very nice to be there Regular Council Meeting 05, 18'2004 2 127 B. VILLAGE ATTORNEY: NONE C. VILLAGE MANAGER: Request For Approval of Funds to Replace Computers: Mr Treppeda stated that at the last meeting the Council approved two new servers but we need to replace ten computers because the technology is obsolete We do have funds budgeted $20,709 56 Seven computers are in Village Hall and three in the Police Department A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve funds to replace the tent computers in Village Hall and the Police Department that are not compatible with the new servers. 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 for Approval of Items Contingent on Receipt of One Bal Harbour Permit Fee: Items in the current budget were contingent on receiving the Permit Fee from One Bal Harbour for $ l ,000,000 00 We have received this fee so the items that we are asking to change from contingent to actually part of the budget are three new police officers, a code enforcement officer, computers for the police department, police radios, Village Hall improvements, the computer server was already purchased due to a cnsis situation, scanning appliance for the Building Department, a Street Sweeper because the old one died, new employee to assume Alonzo's duties, and a Park Attendant building with the restroom A motion was offered by Assistant Mayor Roth and seconded by Councilman: Gorson to remove the contingent status from the items above from the current budget. 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 for Approval of Funds for Police Pension Benefit Study: Mr Treppeda stated we're currently in negotiations with the PBA which is the collective bargaining agent for the Police Officers They're asking for some improvements in their pension benefits The total needed to do the study is $7,250 00 The PBA is contributing $500 00 The $7,250 00 already has the $500 00 taken out of it A notion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve fiend for Police Pension Benefit Study. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlins aye; Councilman Gorson aye; Councilman Jacobi aye. Request for Approval to Expend Forfeiture Funds: Chief Hunker requested that the Village Council authorize expenditure of forfeiture funds for the following items A donation of $5000 00 to the Kristi House This is a local Child Advocacy Center that provides a full continuum of services for child victims of abuse Studies have shown a link Regular Council Meeting 05;18i2004 3 28 a between child sexual abuse and the development of drug abuse and antisocial behavior These behaviors often manifest themselves in criminal behavior in adult life A donation of $500 00 to the Miami Beach Police Athletic League allowing for the participation in their Charity Golf Tournament The Police Department is required to donate at least 15% of our forfeiture seizures toward crime prevention activities such as those performed by the Police Athletic League We would like to pay off two of the lease vehicle options on Units 244 and 246 Both of these vehicles are in excellent condition, and in the future we can use them as part of the marked fleet patrol A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve expenditure of forfeiture funds for the Police Department items. The motion carried with the vote as follows: Mayor TantlefJ aye; Assistant Mayor Roth aye; Counci[nean Berlin aye, Councilman Gorson aye, Councilman Jacobi aye. Chief Hunker reported that through joint investigations with Metro -Dade Police, we have received forfeiture funds in the amount of $447,000 00, in the one month penod since the Council approved our working with Metro -Dade Police Department Discussion of Employment Terms: Jeanette Horton: Mr Treppeda stated that dunng the previous negotiations with the Village Clerk there was an oversight regarding the COLA that was 2 1 % at that time Assistant Mayor Roth concurred , that it wasn't considered at that time The Clerk is also asking for consideration for one additional week of vacation time from three to four weeks, which is in line with what the other department heads receive Mayor Tantleff asked the Clerk is she would please leave the room while this matter was being discussed, which she did at that time Assistant Mayor Roth said at the original negotiation vacation wasn't brought up The only matters discussed were salary, car allowance, attendance at workshops He stated he doesn't know what the policy is regarding employee vacations in the Village Mr Treppeda stated that new department heads sometimes negotiate vacation time at the time of hire Mr Treppeda explained that everyone's COLA went into effect October of 2003, but Mrs Horton let the Mayor know shortly after that she did not get the COLA, only the raise Assistant Mayor Roth stated that if he knew she hadn't received the COLA he would have corrected it at that time along with the COLA for the Village Manager Mr Treppeda stated that the department heads get four weeks vacation and as The Village Clerk is a department head, she should be entitled to the same amount of vacation A notion was offered by Coiincil,iiaii Berlin and seconded by Cou,zcil,nan Jacobi to approve correction of the oversight by providing a 2.1 % COLA to the Village Clerk and Village Manager, and to grant an additional week of vacations to bring the Village Clerk in line with other Department Heads. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlins aye; Councilman Gorson aye; Councilman Jacobi aye. Regular Council Meeting 05/ 18/ 2004 4 129 Resort Tax Committee Recommendations: Mayor Tantleff explained that there are only two items on Tab K to take care of Jose Lima is traveling in Argentina but reported that revenue is up 24% for last month compared to last year. Mayor Tantleff asked if there were any questions regarding the expenditure of $12,500 00 for the La Cumbre De Turismo Trade Show and for the GMCVB UK Mission No questions were asked A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Roth to approve the expenditure of Resort Tax Funds in the amount oJ$I2.SOD.00for La Cumbre Show and GMCVB UK Mission. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Corson aye; Councilman Jacobi aye. Discussion of Council Appointed Committee for the Gated Residential District: Mr Treppeda stated that The Bal Harbour Civic Association has, for many years, served as a vehicle to provide a collective voice to the residents in the Gated Residential District on matters unique to the District Recently, the Civic Association's legal role has been questioned by a few residents of the Gated Residential District Questions regarding adherence to their Bylaws and Articles of Incorporation have been raised. The Bal Harbour Civic Association has no power to make assessments and, as such, is unable to hire appropriate legal counsel to respond to such challenges As volunteers, many of the Board members of the Civic Association also have full-time professions. Absent professional legal representation, volunteer service as a Board member has become a real challenge It is my opinion as Village Manager that the Gated Residential District should have a mechanism that allows for its residents to debate and speak collectively on issues that affect the District. I question whether the Bal Harbour Civic Association is able to adequately fill that role any longer due to the Association's lack of funding to respond appropriately to the constant challenges to their authority to take positions and make recommendations Gated Residential District Committee In order to provide residents in the gated residential district with a means for debating and speaking collectively on issues affecting the gated area, I have come up with an idea to create and official Committee of the Village Council An appropriate name for such a Committee could be the Gated Residential District Committee. The mission would be to represent the mutual interests of residents in the Gated Residential District and to make recommendations and/or final decisions regarding Secunty, Maintenance, Beautification, Operations and other matters affecting the residents o f the gated area The Committee could be composed of from three to five members who reside in the Gated Residential District The Council would have the sole authority to appoint and remove members to/from the Committee, or the Council could come up with other means for selecting these members Members could serve two-year terms with no term limits The Regular Council Meeting 05/18/2004 5 170 Village Council could request staff assistance in selecting members for appointment to the Committee The Committee, once appointed, could select a Chairperson and Assistant Chairperson of the Committee The Gated Residential District Committee meeting could be run much like a meeting of the v illage Council The Village Manager and the Village Clerk could attend all meetings which would be recorded and transcribed Meetings could be held on an as -needed basis as determined by the Chairperson or the Village Manager, but not more than once a month The Chairperson or the Village Manager could call a special meeting in the event of an urgent matter The Village Attorney w ill attend meeting of the Gated Residential Distnct Committee unless excused by the Chairperson and the Village Manager, The Committee could have as much power as the Village Council allows. The Committee could be stnctly advisory in nature, only making recommendations to the Village Council, or the Committee could make final decisions on matters such as the expenditure of Security District Funds Any final decisions made by the Committee could be overturned by the Village Council. If things continue moving in the direction they are currently going, the Village Council is going to be spending increasing amounts of time dealing with the debate of issues unique to the Gated Residential District Considering that the Village Council consists of only one members who resides in the Gated Residential District, it is unfair to expect the Council to serve as the exclusive sounding board for the Distnct I think that the formation of the Gated Residential District Committee will provide a representative legally created body to provide a collective voice for the District residents on issues of mutual concern I think that the people who are serving on the Civic Association deserve a lot of respect, but I think that they're under some constraints at this point. Councilman Berlin would like to see the attorney's concepts for the Committee He would like to see a proposed ordinance drafted by the Village attorney, and then have two heanngs and public input as to whether the idea is a good or bad one Councilman Berlin said the Committee appears to be like the Resort Tax Committee and if that's the case, feels that until a legal ordinance is done, the Council can't make a decision Assistant Mayor Roth stated he doesn't like the idea of appointing members to the Committee, He feels anyone living in the Gated District should have the nght to put their name on a ballot and register with the Village Clerk to run for a position on the Committee He stated that this should be done by secret election and the names with the majority of the votes would serve on the Committee He wants the people in the Gated Distnct to make the decision as to who will serve on the Committee Richard Weiss, Village Attorney, stated that trying to draft an ordinance like this could be a very big project He suggested to avoid spending a lot of money, that he take the memo as written from the Manager and draft it, as it has been recommended Upon reading the draft, Regular Council Meeting 05/18/2004 6 131 the Council could then make changes on each issue Barek Raheb, resident —11 2 Balfour Drive stated that he came up with the same idea one and a half years ago He said he took this idea to the Village Manager who in turn referred it to the Village Attorney Mr Raheb was then told by the Village Manager it couldn't happen Mr Raheb wants to know who is going to be responsible for paying the costs for this Committee') Will there be an additional assessment for the District or will it come from taxes9 He feels the Committee would be unnecessary if the Council handled things better It was the decision of the Council members that this issue be tabled until next month's meeting 7. OTHER BUSINESS Dina Cellini, resident, 211 Bal Cross Dnve, wants to know what's done with the old computers Mr Treppeda said they will be donated to a non-profit organization and invited Ms Cellini suggestion as to recipients Sandra Dunn, Civic Association President, wants to know the progress on hiring a Code Enforcement Officer Mr Treppeda explained that the funds were approved Chief Hunker is now looking to hire someone for that position Gabriella Webster, resident, 30 Park Drive, she knows th4t the Police Dept has been shorthanded and that Ed Akelaitis has been working at the front desk for awhile, but she feels Mr Akelaitis is the reason the community looks so good Mayor Tantleff explained that hinng another Code Enforcement Officer was not to replace Ed but in addition to him in that position Joan Jacomo, resident, 97 Camden Dnve, in addition to the code enforcement recommendation, I would like to recommend Lydia Kordalewski She's worked for the Village for three years She's worked with the Park and is certified in Code Enforcement and Mrs Jacomo doesn't see why we couldn't consider her She thinks she would do a wonderful job She wants to know if we have someone working in house she could not be considered Mr Treppeda stated that the Chief will consider her if she submits a resume along with all the other applicants for the opening Mayor Tantleff presented gifts to Stephanie Saens, Mayor for the Day A shirt from the Bal Harbour Police Department, her own nameplate, and a beautiful plaque presented to Stephanie in recognition of her outstanding essay on ways to improve our community and we honor her as Bal Harbour Village Mayor For A Day 8. ADJOURNS There being no further business to come before the Council, A motion was offered by Assistant Mayor Roth and seconded by Councilman Berlin to adjourn. The motion carried unanimously (5-0) and the nieeting adjourned at 9:42 a.m. \ \ \ \ u \ y a , a ; i Mayor Daniel S. Tantleff Attest Regular Council Meeting 05/18/2004 7 132 Jeanette Horton ,,f Village Clerk /a g Regular Council Meeting0 / S 18/2004 8