HomeMy Public PortalAbout2004-07-20 Regular Meeting140
COIINCIL MINIITES
REGULAR MEETING — JULY 20, 2004
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 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
Mayor Tantleff asked the Village Clerk to take the roll 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
David Wo1pin, Village Attorney
As a quorum was determined to be present, the meeting commenced
2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by
the Village Clerk
3. APPROVAL OF MINUTES: A motion was offered bvAssistant Mayor
Roth and seconded by Councilman Gorson to approve the minutes of the June IS, 2004ReRular
Meeting and the June 23, 2004 Special Meeting The motion carried unanimously (5-0), and the
minutes were approved as submitted.
4. PRESENTATIONS: None
S. ORDINANCE FIRST READING:
Councilman Berlin stated that he wanted it on the record that no actuarial work had been
done and that his vote in favor is strictly to move the process along Before second reading is
done, Councilman Berlin wants to see an actuarial report Mr Wolpin, Village Attorney stated
that it is not unusual to proceed this way It's only after first reading that the State will spend
their effort reviewing the actuarial material
A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve the
first readinz of this Ordinance. The motion carried with the vote as follows: Mayor Tantleff aye;
Assistant Mayor Roth aye; Councilman Gorson aye; Councilman Berlin aye; Councilman Jacobi
gL
ORDINANCE NO.
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CERTAIN SECTIONS OF THE VILLAGE CODE AT ARTICLE II, "EMPLOYEE'S
PENSION PLAN," CHAPTER 13 TITLED "PENSIONS AND RETIREMENT
Regular Council Meeting 07/20/2004 1
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None
BENEFITS" TO ADD SECTION 13 -26 TITLED "EMPLOYEE'S PENSION PLAN -
DEFINITIONS," NEW CALCULATIONS FOR DETERMINATION OF
ACTUARIAL PRESENT VALUE, TO ADD TO THE CURRENT DEFINITION OF
"CONTINUING EMPLOYMENT," AND TO ADD A NEW DEFINITION OF " DUAL
SERVICE EMPLOYEE;" ADDITIONALLY TO AMEND SECTION 13-28 TITLED
"RETIREMENT DATES AND RETIREMENT BENEFITS," TO DEFINE
RETIREMENT BENEFITS FOR "DUAL SERVICE EMPLOYEES," PROVIDE FOR
ADJUSTMENTS TO THE VILLAGE MANAGER'S MONTHY RETIREMENT
BENEFIT, AND TO REDEFINE SECTION 13-28 (J), TITLED, "REQUIRED
DISTRIBUTIONS," AND TO ADD AT SECTION 13-39 TITLED "DISABILITY," A
DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR EFFECTIVE
DATE.
6. OUDINA1NCES SECOND UEADING/P1JBLIC HEABING:
7. RESOLUTIONS: None
8. LOBBYIST REGIS77[ATION UEPOUT: No new registrations
9. UE.APPOINTMENT MEMBERS RESORT TAX
COMMITfEE Mayor Tantleff announced that all current members of the Resort Tax
Committee intend to serve again next year
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
appointment of the current members of the Resort Tax Committee to serve ajain for a period of one
year. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye;
Councilman Gorson aye; Councilman Berlin aye; Councilman Jacobi aye.
10. SELECTION OF BUDGET HEARING DATES: Mayor Tantleff
asked the Village Clerk for the choices of dates for the upcoming budget hearings Mrs
Horton stated that she had two proposed dates, Thursday, September 9, 2004 and Tuesday,
September 21, 2004 or September 14 and September 21, 2004 Mrs Horton suggested
taking the September 9th and 21 St dates, so there would be time to advertise in the Herald and
get an outproof The Council meeting and the Budget hearing could be on the same day
11. UEPOUTS AND UECOMMENDATIONS:
A. Mayor and Council: Mayor Tantleff reported that he has had a lot of
positive feedback about the Regent joining at the WCI project
B. Village Attorney: None
C. Village Manager:
Update on 96th Street Landscaping Proiect —Bradshaw Gill and
Associates: Mr Treppeda reported that he is still working on getting an electrical permit from
Surfside, for the median work Assistant Mayor Roth stated that if Surfside is continuing to
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hold up the permit process, then Bal Harbour should go ahead without them and just plant the
Bal Harbour side Bobby Hoyt, Bradshaw Gill & Associates, brought a conceptual plan of 96th
Street and the median that will be planted with Medjool Palm trees, also showing up -lights
and irrigation that will be installed Mayor Tantleff asked Mr Treppeda to explain where the
funding is coming from for this project Mr Treppeda stated that the funds are from WCI, as
part of their Development Agreement, totaling $550,000 00
Request for Approval to Enter Into Contract with New Community
Strategies for the Provision of Finance Director Services: Mr Treppeda reported that as
a result of Jeanette Horton, the current Finance Director, retiring, the Village now needs a
new Finance Director Three companies were interviewed to provide part-time Finance
Director services to the Village Mr Treppeda learned that it is common for cities, especially
smaller ones, to use consultants to carry out finance duties He advised that the on -site
representative will be Christopher Wallace, who has over 23 years of experience with
governmental agencies He also served 17 years as a Director of Budget and Finance Mr
Treppeda reported that the proposal is for a three-year contract, with an annual fee of
$56,800 00 Councilman Berlin asked Dr Rosenbaum to explain exactly what services they
would perform for the Village Assistant Mayor Roth asked if a regular CPA could handle the
duties, instead of hiring an outside service Mr Wolpin, Village Attorney, explained to the
Council that municipal finance is not the same as general finance. He advised that it is a
specialized field, because there are statutes that dictate the procedures, the handling of
invoices, the annual budget process, and the intricacies of the Trim Law that the Village has
to go through every year Mr Wolpin explained that it's a highly specialized field and the
latest trend is to hire outside firms He stated that the Village needs that oversight to deal
with the State Department of Revenue, with the other agencies and someone with broad
experience dealing from the municipal side. From Mr Wolpin's municipal law experience, it
would be a mistake to hire someone without a municipal background Mrs. Horton stated that
a consequence of filing incorrectly with the State would be a loss of all State monies paid to
the Village Dr Rosenbaum advised that Mr Wallace would spend a minimum of three full
business days in the beginning and, depending on the needs of the Village, that time could
either be reduced or extended Councilman Berlin made a recommendation that he would
accept the contract with the following stipulations New Community be paid monthly,
termination provision to be reduced from 60 days to 30 days with no tailing liability, New
Community to provide a monthly report to the Council outlining what they've done with regard
to the days they've been here, the time they've spent and the activities they have engaged in,
so that the Council can get a handle on the scope of services, which would help with the
Village's comfort level Assistant Mayor Roth added that he would like to receive monthly, or
at least quarterly, financial reports
Babak Raheb, resident -112 Balfour Drive, questioned if a mistake is made, if the company
or the Village would be liable It is now clear from his statement that the company provides
their own liability insurance
A motion was offered by Councilman Berlin and seconded by Assistant Mayor Roth to enter into a
contract with New Community, with the followin2 stipulations: New Community is to be paid
monthly, the termination provision is to be reduced from 60 days to 30 days with no tailing liability,
New Community is to provide a monthly report to the Council outlining what days, times, and
activities they have enRaRed in, and is to provide a monthly financial report like the one Riven to the
Council by the Resort Tax Committee. The motion carried with the vote as follows; Mayor Tantleff
aye, Assistant Mayor Roth aye, Councilman Gorson aye; Councilman Berlin aye; Councilman
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Jacobi ave.
Mayor Tantleff asked Mrs Horton to leave the room before the next request was discussed
Request for Approval of Consulting Agreement with Jeanette
Horton: Mr Treppeda explained that the Village Clerk/Finance Director is retiring after 13
years of service to the Village In order to provide for a proper transition for Acting Village
Clerk Ellisa Horvath and our new Finance Director, Mr Treppeda recommended that the
Council approve the attached consulting agreement, which calls for $50 00 per hour, trip
reimbursement, provide lodging, and per diem reimbursement
Councilman Berlin stated that this was an improvement over the last consulting agreement
Assistant Mayor Roth feels that this is a problem not created by the Village He feels that
Mrs Horton announced her retirement at a very untimely manner, as the Deputy Clerk was on
family leave at the time and would not be back in time for training Assistant Mayor Roth
stated that two weeks prior to announcing her retirement, she negotiated with the Council to
increase vacation time and a cost of living increase He stated that he negotiated with Mrs
Horton four times in the past year and a half and agreed to all her requests He feels that
since she has retired, she should leave and not continue in an advisory capacity Assistant
Mayor Roth is totally against this contract Mayor Tantleff stated that he is going to follow the
Manager's recommendation and requested a motion to approve it Councilman Berlin feels
that we are getting the benefit of the Clerk's input, for less expense than having her remain in
the Village's employ for another month He directed New Community to use Mrs Horton's
experience, as a guideline to the work being done for the Village, as he did not agree with the
financial process used. Councilman Berlin stated that he is looking for New Community to do
it in the best possible way, in the interest of the municipality Assistant Mayor Roth questioned
liability issues with Mrs Horton's status as a consultant Mr Wolpin, Village Attorney, stated
that as an independent contractor, she is responsible for her own liability
A motion was offered by Councilman Gorson and seconded by Councilman Jacobi to approve the
Consultinz Ajireement with Jeanette Horton. The motion carried with the vote as follows: Mayor
Tantleff aye; Assistant Mayor Roth nay; Councilman Gorson aye; Councilman Berlin aye;
Councilman Jacobi aye.
Mrs Horton was asked to come back in to the meeting
Request for Approval of Renewal of DOT Median Maintenance
Agreement: Mr. Treppeda advised that the Village's Maintenance Contract with the FDOT
expires on August 31, 2004 He explained that the Agreement provides for reimbursement to
Bal Harbour Village, from the FDOT, for maintenance of landscaping and lawn care services
on State Road Al A and on 96th Street Mr Treppeda stated that the FDOT reimburses the
Village $6,201 00 per year, for the landscaping and lawn care services that the Village
provides in their right-of-way
A motion was offered by Councilman Jacobi and seconded by Councilman Gorson to approve
renewal of the DOT Median Maintenance Ajireement. The motion carried with the vote as follows:
Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Gorson ave; Councilman Berlin aye;
Councilman Jacobi ave.
Request for Approval to Purchase Parking Meter Housings: Mr
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Treppeda reported that the parking meters in the north part of the north municipal parking lot
are in need of maintenance He explained that from normal wear and tear, and the salt air,
the housings are in bad shape Mr Treppeda requested authorization for expenditure of
$9,598 58 to purchase new housings and fasteners for parking meters from the sole source
supplier, Duncan Meter Funds are available in the current budget
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the
Purchase of Parking Meter Housings. The motion carried with the vote as follows: Mayor Tantleff
ave; Assistant Mayor Roth ave; Councilman Gorson ave; Councilman Berlin ave; Councilman
Jacobi ave.
Request for Approval to Expend up to $75,000.00 for Emergency Call
Boxes: Mr Treppeda stated that as part of the Development Agreement with WCI, the
Village was given $75,000 00 to install emergency call boxes on the beach He advised that
Bal Harbour is currently working with Telecom Engineering Consultants, Inc on this project
and their proposal extends State bid pricing to the Village Since there will not be an August
Council meeting, Mr Treppeda would like permission to expend up to $75,000.00 on this
project, in case they would be able to install them during the summer
A motion was offered by Councilman Berlin and seconded by Assistant Mavor Roth to approve an
expenditure of up to $75,000.00 for Emergency Call Boxes. The motion carried with the vote as
follows: Ma or Tantleff ave; Assistant Mayor Roth aye; Councilman Gorson ave; Councilman
Berlin aye; Councilman Jacobi aye.
Request for Approval to Expend Forfeiture Funds: Mr Treppeda
advised that Chief Hunker is requesting Village Council authorization to expend forfeiture
funds on the following items
1. A donation of $5,000 00 to the Carver Branch of the YMCA of Greater Miami. The Department
must contribute 15% of our forfeiture proceeds towards programs such as this, which target
crime and drug prevention.
2 A donation of $5,000.00 to Miami -Dade Douglas MacArthur Senior High School for their drug
treatment programs.
3. Authorization to expend up to $50,000.00 towards operations of our Department's Vice,
Intelligence, and Narcotics Unit. These funds are utilized for various investigative expenditures
such as the payment of informants, investigative aids, and other operating expenses.
4. Authorization to expend up to $60,000 00 towards the purchase of two additional Police
vehicles This is necessary under the pilot Take Home Vehicle Program that has been previously
approved by the Village Council
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve Chief
Hunker's request to expend Forfeiture Funds for the above listed items. The motion carried with the
vote as follows: Mayor Tantleff aye; Assistant Mayor Roth ave; Councilman Gorson ave;
Councilman Berlin aye; Councilman Jacobi aye.
Resort Tax Committee Recommendations: Mr Treppeda reported
that at the July 15, 2004 Resort Tax Committee meeting the following recommendations were
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made for expenditures
1. Support of the Sheraton's Annual Buyer's Summit - $20,000.00
2. New Tourism Web Site - $4,000.00
Total Resort Tax Expenditure: $24,000.00
A motion was offered by Councilman Jacobi and seconded by Councilman Berlin to approve Resort
Tax Funds expenditure for the above listed items. The motion carried with the vote as follows:
Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Gorson aye; Councilman Berlin aye;
Councilman Jacobi aye.
Councilman Berlin announced to the Council that he had to leave at this time but wanted to
thank Mrs Horton for her many years of service and wished her luck on her retirement
Request for Approval of Additional Funds for Guard House
Maintenance & Repairs: Mr. Treppeda stated that at the October 2003 Council meeting, the
Council approved up to $10,000 00 for maintenance and repairs to the guardhouse He
advised that at the April Council Meeting, the Council approved $1,500 00 more Mr
Treppeda stated that during a recent meeting with the contractor, and with the Civic
Association President, Sandra Dunn, the Village determined that some areas, both inside and
outside, needing paint were not included in the previous total He reported that In addition, the
repair of damaged parts of the gates and handrails were not included Mr Treppeda asked
for approval of $3,615 00 in Security District funds for these items
Dina Cellini, resident - 211 Bal Cross Drive, reiterated her objection to being nickle and
dimed She is concerned as to how the budget will read in September and wants to know
when the budget will be ready She stated that she would call at the end of August to see a
copy of the budget
Babak Raheb, resident, -128 Balfour Drive, objected that the Village Manager doesn't have
the authority to spend this money unless it's an emergency Mr Raheb reminded the Council
about the case before the court last week that wasn't dismissed in which the Judge
specifically said that when the case is turned, the Village will be forced to pay back all the
money He stated that the Council has a responsibility to the other tax payers of Bal Harbour,
because if the Village loses, then they have to give this money back Mr Raheb thinks that
the Village should be more prudent of spending on non -essential items, such as painting
Rhea Kelly, resident - 77 Camden Drive, agreed with Ms Cellini and Mr Raheb, with regard
to the Council spending money and regulating property in the Security District She knows
that the Council cannot regulate the halls of the 101 Condominium, the Kenilworth or the
Tiffany She doesn't understand where the Village has the right to legislate in private areas
Mayor Tantleff stated that there are big issues including the lawsuit, and the smart passes
and somehow Bal Harbour needs to get these issues rectified and come to some
understanding that will make everyone happy
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
additional funds for Guard House Maintenance and Repairs. The motion carried with the vote as
follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Gorson aye, Councilman
Berlin absent; Councilman Jacobi aye.
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12. OTHER BUSINESS:
Babak Raheb, resident, 128 Balfour Drive, stated that the salaries that are received by the
Council, City Manager, City Attorney are paid by all the taxpayers in Bal Harbour, yet no one
is allowed, who is a taxpayer in Bal Harbour, to drive through that section, because it was
changed into private property He questioned when it's determined to be private property,
then how it can be taxed or assessed Mr Raheb stated that someone from across the street
says they're paying your salaries and they want to walk through the residential district. He
stated that the Council has created a capital improvement on a private property and all of
these funds should go back to the original residents He thinks that the City Attorneys have
not given good advice to the Council and they have misrepresented certain facts to the
Council He thinks that the Village is going to eventually pay for it and is going to blame the
attorneys for it Mr Raheb thinks that the Village either needs a new Council or new
attorneys, because the recommendations they've made to the City have not been good.
Rhea Kelly, resident - 77 Camden Drive, thinks that the Council put themselves at risk,
because the Harris Act, passed in 1995, holds the city liable for the loss of value to
individuals' property She stated that the value of Bal Harbour of the residential section is
really based in the security area Ms Kelly stated that they can stop people from driving
through the community She questioned if they usurp the right to have private property, then
wouldn't that reduce the value of all the residential property in Bal Harbour by opening it up to
the general public Ms Kelly feels that the Council is leaving themselves open to personal
lawsuits, but advises looking into this Harris Act
Mr. Wolpin, Village Attorney, stated that the Harris Act deals with the creation of zoning
regulations that unduly burden property He advised that to the contrary, the Security Special
Assessment Program enhances the value of the property, by the security service that has
been provided for 18 years at this time under the existing program, so it's apples and oranges
and not a pertinent matter
Brian Mulheren, resident - Carlton Terrace, reported that the beaches are in bad shape
and there is glass in the sand, among other things Mr Treppeda said that the County
maintains the sand near the water and he will call and have the County look into it
Assistant Mayor Roth asked when the buoys are going to be replaced, as the boats are
infringing on the area Captain Jay Smith reported that the project will cost no more than
$20,000 00 Mr Treppeda asked the Council if they would like to approve this now, so they
would not need to call a special meeting during the summer
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve an
expenditure up to $20,000.00 to replace and install the buoys in Bal Harbour. The motion carried
with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Gorson aye;
Councilman Berlin absent; Councilman Jacobi aye.
Mr Mulheren reported that the County cannot clean up on the beach, because the chairs
from the condos are all over the sand instead of being stacked and tied up the way they
should be Mr Treppeda stated he would contact the manager of the Harbour House Mr.
Mulheren also complimented the city for the wonderful fireworks show on July 4th He
requested that the Council look into an incident where he was walking outside and was
Regular Council Meeting 07/20/2004 7
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sprayed by the pest control people Mr Mulheren advised that Fire Rescue was called and
he was treated at the scene He wants this looked into as it is a very dangerous situation
Rhea Kelly, resident - 77 Camden Drive, stated that she walks the beach early in the
morning and doesn't understand why there are no lifeguards Mr Treppeda explained that
over the years they have determined that it's not the best thing to do, as the Village would
have to protect the entire beach and it would be a huge expense if the Village did.
David Wolpin, Village Attorney, stated that it's strictly a policy decision He advised that if
the Village chooses to have them, then they must perform in a non -negligent manner and if
there is any negligence, then the Village will be liable Mr Wolpin explained that the Village's
potential liability increases once lifeguards are hired, however that is still a policy decision for
the Village of whether it feels that the risk of liability is outweighed by the service
Ms Kelly advised that she takes issue with Councilman Berlin not being present when the
proceedings of the Council Meeting are open to the public for comments She claims that she
was at the last three Council meetings and that Councilman Berlin left early Ms Kelly
doesn't want to write him a letter and wants to address him face to face She finds this
situation very distressing
Mr Treppeda reported that the Village is currently in negotiation with the PBA and one of the
items being considered is the cost of living increase, for the Police Pension Plan He
requested approval for an expenditure of up to $3,000 00, to do an actuarial study for a
General Employee Pension Plan cost of living Increase
A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve
expenditure of up to $3, 000.00 for an Actuarial Study. The motion was passed with the vote as
follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Gorson aye; Councilman
Berlin absent; Councilman Jacobi aye.
13. ADJOURN: There being no further business to come before the Council, A
motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to adjourn. The
motion passed (4-0), with Councilman Berlin absent, and the meeting adjourned at 10:20 a.m.
M
y or Sey moutRoth
Attest
Ellisa Horvath, CMC
Acting Village Clerk
/ag
Regular Council Meeting 07/20/2004
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