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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 14]. 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 Regular Council Meeting 07/20/2004 2 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 Regular Council Meeting 07/20/2004 3 143 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 Regular Council Meeting 07/20/2004 4 y 1 4 4 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 Regular Council Meeting 07/20/2004 5 145 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. Regular Council Meeting 07/20/2004 6 1 4 fi 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 7 147 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 8