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Home My Public Portal About2004-09-09 Special Meeting1 4 8 COUNCIL MINIITES SPECIAL MEETING - SEPTEMBER 8, 2004 A Special Meeting of the Bal Harbour Village Council was held on Thursday, September9, 2004, in the Council Chambers, at Bal Harbour Village Hall The meeting was called to order at 4 35 p m by Mayor Roth Those present were Also present Mayor Seymour "Sy" Roth Councilman Howard J Berlin Councilman Peg E Gorson Councilman Joel S Jacobi Alfred J Treppeda, Village Manager Ellisa Horvath, Acting Village Clerk Richard J Weiss, Village Attorney Tara L Gould, Village Attorney As a quorum was determined to be present, the meeting commenced 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Village resident Sheryl Goldberg A moment of silence was observed for the passing of former Police Chief Larry Freeman 3. APPOINTMENT OF ASSISTANT MAYOR: Mayor Roth requested nominations for Assistant Mayor A notion was offered by Councilman Berlin and seconded by Councilman Jacobi to nominate Councilman Gorson as Assistant Mayor. There being no other nominations, a motion was requested to close the nominations A motion was offered by Councilman Jacobi and seconded by Mayor Roth to close the nominations for Assistant Mayor. The Council voted unanimously (4-0), to appoint Councilman Gorson as Assistant Mayor. 4. DISCUSSION OF OPEN COUNCIL SEAT FOR DISTRICT #3: Mayor Roth explained that a number of people have been out of town, due to the hurricane He advised that five resumes have been received so far Mayor Roth stated that he has heard from additional residents who would like to apply for the seat and requested direction from the Council Councilman Jacobi advised that he was contacted by two people who were out of town and are interested Councilman Berlin suggested extending the submittal date until the end of the month Councilman Jacobi requested that the notice stay posted on Channel 20 Mayor Roth requested that an ad be placed in the Miami Herald Neighbors Section and the SunPost Councilman Jacobi requested that notice also be placed in the Village's newsletter Mr Weiss doesn't think that the end of the month will give people enough time to respond to the ad He suggested having the resumes in time for the October meeting Mayor Roth suggested that the deadline be the second Tuesday Special Council Meeting 09/09/2004 1 of October for the Council meeting, which is the third Tuesday of October A motion was offered by Councilman Berlin and seconded by Councilman Jacobi to extend the time for submittal of resumes for the open Council seat until the second Tuesday of October (October 12, 2004). The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin ave; Councilman Jacobi ave. 5. DISCUSSION OF OPENING ON THE HESOHT TAX COMMITTEE: Mayor Roth explained that Donna Tallon, Saks, is no longer on the Committee, so the Council needs to appoint another member to replace her The following resumes were received Charles Ilvento and Lisa Perri -Molina Councilman Berlin suggested that the Resort Tax Committee make a recommendation to the Council. Mr Treppeda thinks that would be appropriate Mrs Horvath advised that the next Resort Tax Committee meeting is September 23, 2004 A motion was offered by Councilman Berlin and seconded by Councilman Gorson for the Resort Tax Committee to make a recommendation to the Council on who to appoint as a member of the Resort Tax Committee. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin aye; Councilman Jacobi aye. 6. DISCUSSION OF APPOINTMENT OF A COUNCILMEMIIEH TO THE RESORT TAX COMMITTEE: Mayor Roth stated that he would like Councilman Berlin to serve, since he was previously the Chairman of the Committee and has the experience A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Gorson to appoint Councilman Berlin as a member of the Resort Tax Committee. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin aye; Councilman Jacobi ave. 7. HEQUEST FOR APPROVAL TO EXPEND FORFEITURE FUNDS: Mr Treppeda reported that Chief Hunker is requesting to expend forfeiture funds for the following items 1. Renovations for the Investigative Offices $15,750.00 2. Expenditure of Miami -Dade County Police Funds administered by $ 5,311.24 Bal Harbour Village for the purchase of Dell Computers 3. Desktop Computer for Bal Harbour's Divisional Emergency $ 1,053.00 Operations Center 4. Donation to Drug Free Youth in Town (DFYIT) $ 5,000.00 (Bal Harbour is required to contribute at least 15% of Forfeiture Procedures to organizations such as this.) TOTAL $27,114.24 Chief Hunker advised that the police have received around $100,000 this month and did two seizures (one for $106,000 and another for $256,000) He commended Village Attorney Doug Gonzalez Special Council Meeting 09/09/2004 2 A motion was offered by Councilman Berlin and seconded by Councilman Jacobi to approve the expenditure of $27,114.24 in forfeiture funds for the above listed items. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin aye; Councilman Jacobi aye. Mayor Roth thanked Chief Hunker, the Command Officers, and staff for the outstanding job they did in arranging for the funeral of former Police Chief Larry Freeman He also commended them for the hurricane preparedness and their rescue of a man in Haulover Cut, during the hurricane Chief Hunker advised that Captain Klingman and James Balikes were the ones who really saved the man's life 8. DISCUSSION OF ACTING VILLAGE CLEILK SALAILY: Mrs Horvath left the room at this time Mayor Roth explained that Mrs Horvath was the Deputy Clerk and has a CMC (Certified Municipal Clerk) designation Mr Treppeda distributed a survey that was done on city clerk salaries in the area, dated 7/27/04 He stated that, in the past, the Council has either appointed the Mayor or a Councilmember to negotiate a salary with the Clerk Mayor Roth explained that he had a discussion with Mr Treppeda, who thought that it would be fair to start Mrs Horvath at $65,000 Councilman Berlin questioned how this issue came up today, because he thought that the position was approved on an interim 6-month basis and he wasn't aware that this salary issue was going to be discussed He stated that he is not adverse to discussing it, but wants to know what the process is Mr Treppeda advised that Mrs Horvath asked him if there would be any consideration at this point, since she is doing the duties of Clerk, during the 6-month period He stated that since Mrs Horvath reports directly to the Council, it had to be brought to the Council for consideration Mayor Roth stated that Mrs Horvath is currently earning $58,000 Mr Treppeda stated that Mrs Horvath does have more responsibility as a Village Clerk, than she did as the Administrative Assistant/Deputy Clerk Councilman Berlin questioned why this wasn't discussed in July, since she was appointed as Clerk then Mr Treppeda stated that the appointment was done and the salary wasn't discussed at that time and this is the first Council meeting since then Councilman Berlin questioned when the Village has appointed interim positions in the past, if a salary adjustment was done after the appointment Mr Treppeda advised that it has been done different ways Councilman Berlin thought that once she became permanent, then she would be given a permanent salary that was appropriate to the position He stated that he doesn't think anything will happen, because he endorsed her candidacy and thinks she will be great, but thinks it would be foolish to give someone money and then find out during the probation interim period that they're not competent to do the job Councilman Berlin thinks that during that time, their competency is tested and when that is demonstrated, they would be given a final salary He stated that if the Council wants to give her a little more money as an interim, without it being a tap on what the Council will do when she becomes permanent, then he is fine with it Councilman Berlin thinks that she should be given a fair salary when she becomes permanent, which will probably be in the range of the salary survey, and the Council will have to do that in 6 months anyway Mr Treppeda stated that it is on the record that the Council will do a contract Mr Weiss reminded the Council that Mrs Horvath doesn't work for Mr Treppeda, isn't supervised by him, and he doesn't set her salary He stated that it's unusual for a Village Manager to be involved in discussions regarding the Clerk's salary, because it's not really Special Council Meeting 09/09/2004 3 15]. within Mr Treppeda's pervue Mr Weiss explained that under the Village's Charter, Mrs Horvath is equal to the Village Manager Mayor Roth thinks that Mrs Horvath is entitled to something and thinks that $65,000 is good, even though the Clerk's salary should be much higher He stated that the last Clerk was earning $95,000 Sheryl Goldberg, Village resident, stated that is because Mrs Horton was here for so long Mayor Roth stated that Mrs Horvath has been here for 14 years, which is longer that Mrs Horton was here Mr Treppeda advised that she was hired in 1990 Councilman Berlin stated that Mrs Goldberg's comment (not heard on tape) was accurate in that Mrs Horton was doing two jobs as Clerk and Finance Director, which is part of the reason for the salary Councilman Berlin questioned if the Council goes to $65,000 now, what would be considered in 6 months, for a permanent salary Mayor Roth stated that it would be a 3- year contract and probably another 10%, maybe $71,000-$72,000 Councilman Berlin stated that he doesn't want this conversation to be perceived or deemed in any way of his sense that Mrs Horvath would not be excellent and wants that to be clear on the record, he thinks that she will be great and will earn a lot of money for doing a good job He stated that he just didn't understand why this was being discussed Mayor Roth stated that the Council needs to recognize that she has gone from the Deputy to the Clerk and that she has full responsibility now and is doing the job Councilman Berlin respects Mayor Roth's comments Mayor Roth wants Mrs. Horvath to succeed, because he wants her to stay on He stated that it's great to have continuity Councilman Jacobi questioned about an allowance, because she's getting an increase Councilman Gorson agrees that Mrs Horvath should be given something now and then when she becomes permanent Councilman Berlin advised that he is not adverse to a step, if that's what the Council wants to do Councilman Jacobi agrees to a step, but it depends on the amount Mayor Roth suggested that a 3-year contract be entered into and a salary be established after a survey is done, to see what would be fair to the Village and Mrs Horvath He suggested at least $65,000 now and then for it to be re -visited it again, after the probation period Councilman Berlin stated that this is not to be viewed in any way as a floor or ceiling on a going -forward basis He stated that the current salary survey shows that the proposed salary is within the realm of what other cities are paying for their full time City Clerks Councilman Berlin stated that the cities paying more are substantially larger A motion was offered by Mayor Roth and seconded by Councilman Gorson to start Mrs. Horvath at $65,000 and then to re -visit this in 6 months, have a Committee, enter into a study, and come up with a 3-year contract or arrangement that the Village can live with and that is fair to the employee. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin aye; Councilman Jacobi aye. Mrs Horvath returned to the meeting at this time 9. OTHER BUSINESS: Dina Cellini, resident— 211 Bal Cross Drive, requested clarification concerning the open Council seat for District 3 She questioned if the extension of the time for residents to submit resumes includes opening it up to candidates that live outside of District #3 Ms Cellini stated that the Charter reads that the open seat does not have to be from District Special Council Meeting 09/09/2004 4 l 1 5 2 #3 Councilman Berlin questioned if the Council is restricted from selecting anyone, if they don't submit a resume, or if that's a pre -cursor Mayor Roth doesn't believe that's a pre- cursor He questioned if others outside of the District can apply for the seat Ms Gould stated that the Charter and Code are not clear on that exactly, but it would be preferred that the member be from District #3 Ms Cellini stated that the Charter is clear that the Council seat, once elected, must be from that District She stated that since the Charter is not specific concerning the open position, which the Village is faced with after Mayor Tantleff's departure, it seems to her that the Council seat would not have to come from District #3, during this interim period Councilman Gorson stated the Council has received five resumes from people who live in the District and thinks it's a lot simpler for them, because the Village can see how they are, then the residents have to vote for that seat in April Mr Weiss doesn't think that there's any disagreement and stated that the Charter is not clear on this point He stated going back to when the Charter was drafted, it would be preferable to have someone from the District and when the Council appoints someone they can consider the fact that person lives in the District Mr Weiss stated that the Council is not compelled to appoint someone from the District, but the fact that they live in the District could be a consideration, when they appoint someone He advised that if the Council feels that's important, then that's the way they should vote when they appoint someone. Ms. Cellini questioned if people outside of the District can submit their resumes She stated that she can see that the Council is already leaning towards selecting someone from the District, so that would be a qualification that would be in someone's favor, if they live in the District Ms Cellini questioned if that will prevent the Council from accepting resumes from people outside of the District Mr. Weiss stated that people outside of the District can apply and the Council may have a preference for people within the District, but anyone from within the Village can apply. Mr Treppeda stated that unless he is directed otherwise, he plans on putting that applicants must live within the Harbour House in his next ad. Mr. Weiss stated that the Council could make a determination today that it's going to appoint somebody -from the District Councilman Berlin doesn't think that the Council should make that determination today and that they should let anybody in the Village apply. Mr. Weiss stated that for the election, they would need to live in the District He stated that, at this point, the Council can receive resumes from anybody in the Village and if they choose to select somebody from the District, then that would be fine Mayor Roth stated thinks that the person should be from his District or Councilman Jacobi's District, because they are the only two who are not running That way it is not viewed that the Council is endorsing a candidate in April Mr Weiss stated that the Council could get a commitment from the person that they appoint that they will not run (City of Miami does that), so the fact that the Council is appointing them does not give them an advantage in the election He stated that the Council could put that as a stipulation, if they want to Councilman Berlin suggested that the Council receive resumes from anyone who wants to submit one, which the Council will then review and figure out what they want to do next month Ms Cellini clarified that the extension that the Village Manager is going to announce on the cable channel will indicate that resumes will be accepted from anyone in the Village, up until the second week of October Nicky Caldwell, resident— 10275 Collins Avenue, advised that she is one of the people who is interested in the Council seat She stated that the cable channel and the notices state that applicants have to be from District #3 Ms Caldwell questioned if that is going to be changed A motion was offered by Councilman Berlin and seconded by Mayor Roth to open the Special Council Meeting 09/09/2004 5 153 requirements for applicants to include any resident who wants to submit a resume. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin aye; Councilman Jacobi aye. 10. ADJOURN: A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Gorson to adjourn. The motion carried unanimously (4-0), and the meeting adjourned at 5:10 p.m. Attest ,,_.-------i./1„."kit___ Ellisa Horvath, CMC Acting Village Clerk f I.1: ) ,,, , ,, ,- �,+ ./ Mayr Seymour Rot ri Special Council Meeting 09/09/2004 6 i