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HomeMy Public PortalAbout2004-11-16 Regular Meeting190 COUNCIL MINUTES REGULAR MEETING - NOVEMBER 16, 2004 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November 16, 2004, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:00 a.m. by Mayor Roth. Those present were: Also present: Mayor Seymour "Sy" Roth Assistant Mayor Peg E. Gorson Councilman Joel S. Jacobi Alfred J. Treppeda, Village Manager Ellisa L. Horvath, Acting Village Clerk David Wolpin, Village Attorney Steven Cypen, Pension Attorney Absent: Councilman Howard J. Berlin Councilman James E. Boggess As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Village resident Brian Mulheren. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Gorson to approve the minutes of the October 14, 2004, Regular Meeting. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Bozzess absent, and the minutes were approved as submitted. 4. PRESENTATIONS: Lydia Kordalewski, Park & Transportation Director, introduced the new Park employees: Leyda Rios and Gina Espinoza. Employee of the Month — October 2004: Ms. Kordalewski announced that George Waisman was selected as Employee of the Month for October 2004 for working numerous hours, motivating residents from Collins Avenue to utilize the Park, and decorating the Park. Mr. Waisman was presented with a plaque and check on behalf of the Village. Employee of the Month — November 2004: Mr. Treppeda announced that Mrs. Greenblatt was selected as Employee of the Month for November 2004, for filling in during Mrs. Horvath's maternity leave and performing the duties of Deputy Clerk and Administrative Assistant, without prior training. Mrs. Greenblatt was presented with a plaque and check on behalf of the Village. 5. PUBLIC HEARINGS: None. 6. ORDINANCES SECOND READING/PUBLIC HEARING: An ordinance was read, by title, by the Village Clerk amending sections of the Employee's Pension Plan. Regular Council Meeting 11/16/2004 1 191 Mayor Roth opened the public hearing. Steven Cypen, Pension Attorney, explained that this ordinance provides technical amendments, addresses the situation of dual service employees (such as general employees who become police officers), and allows the Village to implement a DROP plan. Mr. Treppeda explained that he worked with Chris Wallace, Finance Director, on the Pension Board DROP rules, which are listed under Tab O on the General Employee Retirement Board section of the agenda. He advised that if this ordinance is passed today, then the Retirement Board will have to adopt rules on how to proceed with implementing the DROP program. Mr. Treppeda stated that there seems to be a conflict with a fixed interest rate option that Mr. Wallace would like to recommend. He stated that the DROP rules can be passed without a guaranteed interest, which would depend on the performance of the plan. He stated that if the Council is interested, then they can amend the ordinance in the future to add a fixed interest option. Chris Wallace, Finance Director, recommended allowing an option for employees to elect a fixed rate of return. He explained that when a participant enters the DROP plan, then it's for a duration of less than 5 years and the investment horizon for an employee could end up losing money if on the day they retire it's a bad performance. He suggested considering offering a fixed rate of 4% interest, for a short investment horizon. Mr. Wallace explained that if the investment performance of the Plan is less than 4%, then the Plan would pick up the difference, but if it's greater than 4%, then the Plan could do better. He suggested amending the ordinance in the future, to provide for the 4% option. Mr. Cypen clarified that he doesn't have a problem with that and the only problem was that he thought the rules went too far, based upon the ordinance that was proposed. Mr. Treppeda recommended passing the ordinance on second reading and then for the Retirement Board to adopt the same rules that the Police already have, which goes with what the Plan does. He advised that he would then recommend discussion in the future, to possibly amend the ordinance to allow a fixed interest option. Councilman Jacobi questioned the plan being over -funded. Mr. Wallace explained that if the Plan's assets (contributions and investment earnings) are more than the liabilities (benefits, etc.), then it's over -funded. He stated that it is possible to over -fund a pension plan, but stated that it's unusual to terminate a plan that's over -funded. Mr. Wallace reported that the assets remain in the Plan, for the benefit of the employees. Mayor Roth closed the public hearing. A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Corson to approve this Ordinance on second reading. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin absent; Councilman Boggess absent; Councilman Jacobi aye. ORDINANCE NO. 493 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 BENEFITS," TO ADD TO SECTION 13-26 TITLED "EMPLOYEE'S PENSION Regular Council Meeting 1 1/16/2004 2 i 192 PLAN -DEFINITIONS," NEW CALCULATIONS FOR THE DETERMINATION OF ACTUARIAL PRESENT VALUE, TO ADD TO THE CURRENT DEFINITION OF "CONTINUOUS 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 MONTHLY RETIREMENT BENEFIT, AND TO REDEFINE SECTION 13-28(J), TITLED, "REQUIRED DISTRIBUTIONS," AND ADDITIONALLY TO AMEND SECTION 13-30 TITLED "DISABILITY" TO ALLOW FOR RULE MAKING AUTHORITY; AND TO ADD AT SECTION 13-39 TITLED "DEFERRED RETIREMENT OPTION PLAN (DROP)" TO CREATE A DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR EFFECTIVE DATE. 7. ORDINANCE FIRST READING: An ordinance was read, by title, by the Village Clerk, creating a line item in the current budget for the defense of Officials in ethics matters. Mr. Treppeda explained that the Village's budget was adopted before Ordinance 491, which created the Defense of Officials in Ethics matters. He reported that this Ordinance provides a line item, in accordance with Ordinance 491, in the amount of $50,000. Mayor Roth opened the public hearing. Dina Cellini — resident— 211 Bal Cross Drive, thanked Mr. Treppeda for following up on this, since Ordinance 491 was not appropriately budgeted. She reiterated that she is against Ordinance 491. Ms. Cellini questioned if the $50,000 can be supplemented, if that amount is used. She suggested that the Ordinance put a cap on the amount of legal fees, per case, per year. Ms. Cellini stated that there was a prior discussion that in the event that the Official is required to repay the Village and doesn't, then the Village isn't mandated to go after that Official. She suggested that the Village not risk that much money, with the ideal that it might not be able to recoup it. Ms. Cellini suggested a cap of $5,000-$10,000, per complaint. She questioned what happens if the $50,000 is spent and more is needed. Ms. Cellini requested that the Council put a cap on the amount of money that can be spent per case. She stated that if more is needed, then the Official can go into their own pocket, with the idea that they would be reimbursed, if and when they are exonerated. Mr. Wolpin thinks that $50,000 should be sufficient for the funding of the Defense Ordinance, but advised that the Council could do a budget ordinance amendment, if necessary, to appropriate additional funds. He doesn't recommend placing a cap on the individual expenditures for a specific ethics case. Mr. Wolpin stated that is something that may be reviewed by the Manager, if a matter comes up that requires attention. He stated that if a cap was going to be placed, then it would be placed in the enabling ordinance and not in this appropriation measure. Mr. Wolpin would not recommend a cap at this time. Ms. Cellini requested clarification on the Manager deciding how much would be spent per case. Mr. Wolpin advised that there are already protections in the enabling ordinance that set up a procedure. He feels that there are safeguards in the enabling ordinance to properly handle that. Ms. Cellini clarified that in the event that more money is needed, there would be an additional ordinance placed on the agenda. Mr. Wolpin stated that if there are future funds needed beyond the $50,000 amount, then it would require an amendment of the budget Regular Council Meeting 1 1/16/2004 3 193 ordinance, to comply with the enabling ordinance. Ms. Cellini questioned if the public would be informed at that time where the $50,000 amount was spent. Mr. Wolpin stated that under the current ordinance, if and when the procedures of the ordinance are invoked and legal bills are paid, then the records showing those expenditures will be open to public inspection, so people will always be able to know how much money has been expended from the $50,000 account and how much money is left. Babak Raheb, resident— 128 Balfour Drive, advised that he is also against Ordinance 491. He questioned who approves the funding, if the Manager is investigated. Mr. Wolpin advised that the Mayor would review funding requests, which is provided by the ordinance. Mayor Roth closed the public hearing. A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Corson to approve this Ordinance on first reading. The motion carried with the vote as follows: Mayor Roth aye; Assistant Mayor Gorson aye; Councilman Berlin absent; Councilman Bo Ress absent; Councilman Jacobi aye. ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING ORDINANCE NO. 491 WHICH HAD ADOPTED THE BUDGET FOR ALL VILLAGE FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; FOR THE PURPOSE OF CREATING WITHIN THE GENERAL FUND A LINE ITEM FOR THE DEFENSE OF OFFICIALS IN ACCORDANCE WITH ORDINANCE NO. 492, WHICH CREATED VILLAGE CODE SECTION 2-89 "DEFENSE OF OFFICIALS IN ETHICS MATTERS", AND TRANSFERRING FUNDS FROM THE VILLAGE'S CONTINGENCY FUND INTO THE DEFENSE OF OFFICIALS LINE ITEM; PROVIDING FOR EFFECTIVE DATE. 8. RESOLUTION: None. 9. LOBBYIST REGISTRATION REPORT: There were no new registrations. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Roth discussed events at Florida International University and advised that the itinerary will be posted at Village Hall for residents to review. Councilman Jacobi is looking forward to the Park's Snow Festival. B. VILLAGE ATTORNEY: No items. C. VILLAGE MANAGER: Request for Approval of 2-APS Liquor License for Harbour Regular Council Meeting 1 1/16/2004 4 House Market: John Bernter, Harbour House —10275 Collins Avenue, explained that the market is for residents and requested a take-out license for beer and wine. Mr. Treppeda advised that the Business District requires Council approval for this license and the Harbour House District is silent on this. He discussed this with the Village Attorney and felt that this should also have Council approval. Babak Raheb, resident- 128 Balfour Drive, questioned about the market selling alcohol on Sundays. Mr. Wolpin advised that the market would be subject to normal applicable hours of regulation, for the sale of alcoholic beverages. He explained that this just allows them to operate, but wouldn't waive the hours. A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Gorson to authorize the VillaRe ManaRer to sign the 2 APSLicenseApplication for Harbour House Market. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Bmess absent. Request to Expend Police Forfeiture Funds: Mr. Treppeda explained that Chief Hunker is requesting Council approval to expend forfeiture funds for the following item: 1.) Purchase of 1 Ford F250 Pickup Truck $30,000.00 Vehicle is $26,064, with Additional Funds for Appropriate Equipment) TOTAL: $30,000.00 A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Gorson to approve $30,000.00 in forfeiture funds for the above listed item. The motion carried unanimously (3-0), with Councilman Berlin and Councilman BogRess absent. Request for Approval of Funds for Police Training: Captain Jay Smith explained that Chief Hunker is requesting Council approval for expenditures over $2,500.00 for the following items: 1.) The Police Law Institute (For Computer Based Legal Training Program to Provide Updates and Meet Mandatory Retraining Requirements) 2.) Tactical Advantage Consultants, Inc. (For Marine Patrol Officers to Attend 40-Hour Course) 3.) Southern Police Institute — Command Officer's Development Program (For Lt. Jose Andrade to Attend this 10-Week Program) TOTAL: $8,515.00 $ 2,740.00 $ 2,780.00 $ 2,995.00 A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Gorson to approve $8,515.00 for the above listed items. The motion carried unanimously (3-0), with Councilman Berlin and Councilman BoRpess absent. Request for Approval of Renewal of Mutual Aid Agreement with Miami -Dade County Police Department: Mr. Treppeda explained that the current Mutual Aid Agreement will be expiring. He advised that the Village Attorney has reviewed the agreement. A motion was offered by Assistant Mayor Corson and seconded by Councilman Jacobi to approve Regular Council Meeting 1 1/16/2004 5 195 renewing the Mutual Aid Agreement between Bal Harbour Village and the Miami -Dade County Police Department and authorizing the Village Manager to sign the Agreement, on behalf of the Village. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Boggess absent. Request for Approval of Funds for Employee Holiday Party: Mr. Treppeda explained that $4,000 is budgeted for the annual Employee Holiday Party. A motion was offered by Assistant Mayor Corson and seconded by Councilman Jacobi to approve $4,000.00 for the Employee Holiday Party. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Boggess absent. Request for Approval of Funds for Snow Festival at Bal Harbour Park: Ms. Kordalewski requested approval to expend up to $6,600 for the Snow Festival. A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Corson to approve up to $6,600.00 for the 2"d Annual Snow Party at Bal Harbour Park. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Boggess absent. Request for Approval of Funds to Repair Garbage Truck: Mr. Treppeda explained that the following two bids were received to repair the rusted out floor in the garbage compactor section of a Village garbage truck: Clarke Waste Systems, Inc. $3,292.19 AlTruck & RV Center, LLC $6,476.60 A motion was offered by Assistant Mayor Corson and seconded by Councilman Jacobi to approve $3,292.19 for Clarke Waste Systems, Inc. to repair one of the Village's Garbage Trucks. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Boggess absent. Request for Approval of Resort Tax Funds to Replace Plants on the Beach: Mr. Treppeda explained that due to recent bad weather, there are a number of plant beds on the beach that need to be supplemented. He advised that the Landscape Architect, Bill O'Leary, made a list and recommended what to be replaced. Mr. Treppeda explained that resort tax money pays for the maintenance and replacement of plants on the beach. Babak Raheb, resident— 128 Balfour Drive, questioned what kind of plants are there and suggested using more resistant types of plants on the beach. Mr. Treppeda reported that Mr. O'Leary will be looking for other types of plants. A motion was offered by Assistant Mayor Corson and seconded by Councilman Jacobi to approve $6,960.00 in resort tax budgeted funds, to add plants to supplement beds on the beach that lost plants due to bad weather. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Boggess absent. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Regular Council Meeting 1 1/16/2004 6 196 Committee, at their meeting on November 10, 2004: 1) Liberty Travel New York Executive Managers FAM — 1st Week of Dec. $ 8,600.00 (Airfare, Ground Transportation and Entertainment for 14 Participants) 2) New Stationary Printed for New Press Kits $ 450.00 (For 3,000, including Second Pages) 3) New Stationary Cards $ 600.00 4) Production Costs for New Advertising Campaign $ 18,000.00 (Photography, Models and Other Logistical and Creative Needs) 5) Press Release Distribution - November $ 300.00 (Postage and Labor) 6) Press Release Distribution - December $ 300.00 (Postage and Labor) 7) Northeast Sales Rep — Kathleen Tripptree — Monthly Increase $ 6,000.00 (Increase Monthly Retainer from 2,000 to 2,500) 8) Meeting Executives Congress of America FAM — November 17'h $ 9,000.00 (Co -Sponsoring a Reception & Photo Shoot for Corporate Meeting Planners) 9) Starwood Partners Summit — December 14`h $ 20,000.00 (Co -Sponsoring 300 Top Starwood Clients) TOTAL: $ 63,250.00 A motion was offered by Assistant Mayor Gorson and seconded by Councilman Jacobi to approve $63,250.00 in resort tax funds for the above listed items. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Bopjess absent. 11. OTHER BUSINESS: Dina Cellini, resident— 211 Bal Cross Drive, stated that she was against rescinding the agreement between the Village and the Civic Association. She stated that she understands that the Council is the ultimate arbitrator of the Security District now. She discussed a letter that she sent to Mr. Treppeda on November 11th, pertaining to her displeasure with Chief Hunker. Ms. Cellini had requested that Mr. Treppeda place the letter in Chief Hunker's employee file and she is not happy that he will not do so. She questioned the procedure for placing complaint letters in personnel files. Mr. Wolpin stated that what goes into a personnel file is under the control and discretion of the Village Manager, and is not under the jurisdiction of the Council. He advised that Ms. Cellini's letter is a public record; however, there is no law that mandates that it be placed into the personnel file. Ms. Cellini questioned if she filed a complaint with the Police Department, if a case would be assigned and an investigation be conducted. Mr. Wolpin advised that based on the substance of Ms. Cellini's letter, it doesn't seem to reflect the type of activity that would be subject to an internal affairs investigation or like matter. He thinks that it reflects a matter that the Village Manager has the jurisdiction to discuss with the Chief of Police. Ms. Cellini voiced that she is upset that the Village Manager has taken no action. Mr. Treppeda advised that the Chief was at a Conference and he did not want to interrupt him there to discuss this. He discussed that the Council will probably be getting more issues involving smart passes coming to them, since the Village is managing the Security District. He doesn't think that the Village should have to fight on what a community wants, such as smartpasses. Mayor Roth thinks that the Civic Association should decide about the smartpasses and make their own regulations. Ms. Cellini stated that the Civic Association had guidelines for the issuance of smartpasses and the Village took over supervision and presumably has kept the guidelines in place, but there are former residents that still have smartpasses that are unauthorized. She advised that the Chief didn't want to address that. Ms. Cellini discussed Regular Council Meeting l 1/16/2004 7 197 the Conference with residents and the Workshop meeting. She also discussed unauthorized smart passes. Ms. Cellini thinks that the Manager and Chief are playing favorites. She doesn't think that complaints are treated fairly. Ms. Cellini thinks that the Village Manager should turn off smart passes to residents who have also transferred their pass from car to car. Councilman Jacobi advised that the Chief isn't here to discuss this and he doesn't know the smartpass guidelines. He thinks that if someone is not a resident and they don't have a special exemption, then they shouldn't have a pass. Mr. Treppeda reported that the smartpasses were handled by the Civic Association and the records weren't the best and the Village inherited a system that they are doing the best that they can with. He explained that they held a workshop meeting and are starting over with a new system (Ego Pass). Mr. Treppeda advised that he had instructed the Chief to put everything on hold, until they had the Workshop meeting. Mr. Treppeda stated that if either he or the Chief saw a security risk, then they would have done something about it. Ms. Cellini stated that a security risk is not a criteria. Mayor Roth suggested giving time for the new system and security, to see how it goes. Ms. Cellini requested a discussion with Mr. Treppeda and Chief Hunker regarding this. She advised that she has no faith in getting fair treatment by Chief Hunker. Ms. Cellini doesn't think that her letter should be disregarded. Mr. Treppeda advised that it isn't being disregarded and explained that the Chief is out of town. Ms. Cellini reported that she is filing a complaint with the police department, since her letter is not taken seriously. Mr. Wolpin advised that the Manager will speak with the Chief when he gets back and thinks that Ms. Cellini should give it a little time to see if this communication matter can be resolved. Ms. Cellini advised that she expects a date and time for a meeting, when Chief Hunker gets back. She questioned if a complaint is filed, if that goes in the personnel file. Mr. Wolpin explained that there's no Statute that dictates what is kept in the personnel file. He recommended that the Manager discuss this with the Chief and that Ms. Cellini give them some time. Ms. Cellini questioned if there is only one personnel file for Village employees. Mr. Treppeda advised that there is one personnel file and one medical file. Brian Mulheren, resident— 10245 Collins Avenue, stated that the Village is in charge, not the Civic Association and the Chief is in charge of issuing the smartpasses. Mr. Mulheren thinks that as a resident of Bal Harbour, he should be allowed to go into the Security District. He thinks that the Police are doing a great job. Mr. Mulheren stated that too much time is spent on these items and more time should be spent discussing Collins Avenue. He doesn't think that it's right to defame the Manager and Chief at a public meeting and he thinks that they're doing a great job. He also thinks that it's ridiculous to demand that a letter be placed in a personnel file. Babak Raheb, resident — 128 Balfour Drive, advised that he was not at the workshop meeting, but has been told that the Chief said that commercial vehicles should not be entitled to a smartpass. He doesn't think that any restrictions should be placed on his vehicle or access to his property. Mr. Raheb advised that he also has a problem with the Village Manger and Chief. He discussed a theft report that he filed and was told by the Police that they were not following up on it. Mr. Raheb doesn't feel that he gets equal protection. He doesn't think that there should be a confrontation every time he wants something done. Mr. Raheb discussed his contact with Chief Hunker. Phil Corbisiero, resident — 63 Bal Bay Drive, advised that he attended the workshop Regular Council Meeting 1 1/16/2004 8 / 198 meeting and thinks that the Chief did a great job. He explained that the purpose of the meting was to revamp the whole security system, which hasn't been done in a number of years. He stated that there are inaccuracies and abuses to the systems, but Mr. Corbisiero thinks that the Chief is doing his best to correct those items. Mr. Corbisiero stated that the purpose of the workshop was to get input and views from the residents on security standards, etc. He thinks that the Chief has to make a decision on the format and not everyone is going to agree on that. He stated that the Chief is trying to do his best and it's not the Council's responsibility to hear something that doesn't require their consideration. Mayor Roth suggested giving more time to resolve these issues. He thinks that the Chief is doing a great job and it's tough to please everyone. Mayor Roth stated that the majority rules and this is a democracy. He advised that if there's a complaint that's valid, then it should be looked into and straightened out. Mr. Mulheren advised that he was sprayed with insecticide along Collins Avenue, which has caused him some health problems. He thinks that the Village needs to have procedures in place for the trucks that are spraying and they shouldn't be allowed to spray when it's windy. Mayor Roth suggested that the Village post on Channel 20, when the trucks are spraying. Mr. Treppeda reported that he and Mr. Wheldon are working on it. Mr. Raheb suggested using a man with a flag, so a pedestrian won't walk where they're spraying. 12. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Gorson and seconded by Councilman Jacobi to adjourn. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Boggess absent, and the meeting adjourned at 10:13 a.m. or Seymour Rath Attest: Ellisa Horvath, CMC Acting Village Clerk Regular Council Meeting 11/16/2004 9