HomeMy Public PortalAbout2005-01-18 Regular Meeting209
COUNCIL MINUTES
REGULAR MEETING - JANUARY 18, 2005
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 18,
2005, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 9:03 a.m. by Mayor Roth. Those present were:
Also present:
Mayor Seymour "Sy" Roth
Assistant Mayor Peg E. Gorson
Councilman Howard J. Berlin
Councilman James E. Boggess'
Councilman Joel S. Jacobi2
Alfred J. Treppeda, Village Manager
Ellisa L. Horvath, Acting Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chief
Hunker.
3. APPROVAL OF MINUTES: A motion: was offered by Assistant Mayor
Gorson and seconded by Councilman Berlin to approve the minutes of the December 21, 2004,
Regular Meeting. The motion carried unanimously (3-0), with Councilman Boggess and
Councilman Jacobi absent, and the minutes were approved as submitted.
4. PRESENTATIONS: None.
5. PUBLIC HEARINGS: None.
6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None.
7. ORDINANCE FIRST READING: An ordinance was read, by title, by the
Village Clerk, amending the Medicare Supplement Insurance Policy for Councilmembers,
as follows:
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING CHAPTER 2, "ADMINISTRATION", SECTION
2-27 "MEDICARE SUPPLEMENT INSURANCE POLICY", TO REVISE THE
TERM ELIGIBILITY REQUIREMENTS BY AUTHORIZING THE VILLAGE TO
PROVIDE MEDICARE SUPPLEMENT HEALTH INSURANCE FOR ANY
VILLAGE COUNCILMEMBER WHO LEAVES THE COUNCIL AFTER
COMPLETING TWO CONSECUTIVE TERMS OF SERVICE AND IS ELIGIBLE
FOR MEDICARE COVERAGE AT THE TIME OF LEAVING COUNCIL SERVICE;
1 Councilman Boggess arrived during the discussion of the Ordinance First Reading.
2 Councilman Jacobi arrived during the discussion of the Ordinance First Reading. Councilman Jacobi left during
the Other Business discussion.
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PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
Mayor Roth opened the public hearing. There being no comments, Mayor Roth closed the
public hearing.
Councilman Berlin doesn't understand why the provision is being amended from three
consecutive terms and questioned the need for it and putting that burden on the Village.
Mayor Roth thinks that three consecutive years is a lot and the Council thought that two
consecutive years would be fair. He discussed medical insurance coverage and thinks this
would be a nice reward for service. Mayor Roth discussed the increased benefits that other
municipalities are giving their Councils. Councilman Berlin doesn't think that the Council
should enact ordinances to enhance their compensation benefits. He stated that if the thought
is that the Council is not adequately compensated for their work, then adding this wouldn't
solve the problem. He also thought that the previous conclusion was that if there was going to
be an enhancement for benefits that Councilmembers receive, then it should be taken to the
voters. Councilman Berlin doesn't think that it's an incentive for people to run. He thinks that if
there's a concern that the Village doesn't accurately compensate Councilmembers, then there
should be a study committee that should be brought back. Councilman Berlin thinks that if it's
a serious issue, then the Village should follow procedures and bring it up before the
electorate. Mayor Roth stated that precedence has already been set and the Council has the
authority to pass this ordinance. Councilman Berlin questioned the need to amend this to two
terms. Assistant Mayor Gorson advised that it affects her. Mayor Roth advised that Assistant
Mayor Gorson would be eligible if this passes. Councilman Berlin questioned if this is
suppose to retroactively reward those that served or if it is supposed to fairly compensate and
incentivize people to run for the Council in the future. Mayor Roth thinks that it's a perk and
rewards for service well done, as well as being an incentive for others to run. Councilman
Berlin doesn't see the connection, since younger people are not entitled to it. He doesn't think
that it's appropriate and thinks that it looks bad that it's being discussed. Mayor Roth
questioned the trend that Mr. Weiss sees with other municipalities. Mr. Weiss advised that he
doesn't notice a trend one way or another. He reported that Key Biscayne doesn't have
anything and others go the other way. Mr. Weiss explained that larger cities, with more
functions, have some sort of an allowance and sometimes it is put to the voters. Councilman
Berlin noted that Surfside and Bay Harbor both get $1 a year. He suggested a study
committee come up with a comprehensive presentation and proposal on all of the issues,
relative to Council compensation and benefits. Councilman Berlin questioned why this is so
important today.
A motion was offered by Assistant Mayor Gorson and seconded by Councilman Jacobi to approve
this Ordinance on first readinz. The motion carried with the vote as follows: Mayor Roth aye;
Assistant Mayor Corson aye; Councilman Berlin nay; Councilman Bo Ress nay; Councilman
Jacobi aye.
8. RESOLUTIONS:
A resolution was read, by title, by the Village Clerk, authorizing the Village Manager to
execute documents to open bank accounts for the Police Forfeiture Fund, with City
National Bank.
Mr. Treppeda explained that the accounts are currently with Beach Bank, but Chief Hunker
feels that the new bank will give him the services that he is looking for and the location is
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211
closer than Beach Bank. Chief Hunker explained that they are seizing large amounts of
money and at Beach Bank they didn't have a facility, so they had to count the money in the
open lobby and there was also an article in the newspaper accusing Beach Bank of being
possibly involved in money laundering. Chief Hunker doesn't think that the Department
should be putting the forfeiture funds through Beach Bank, if they are under investigation.
Councilman Berlin advised that he doesn't have a problem with moving the account. He
explained that he spoke with Beach Bank and the problem was that they were doing
business with check cashers. Chief Hunker reported that the DEA (Drug Enforcement
Administration) suggested that as long as they are under investigation, that it would be
more appropriate for the Department to put the money in a different bank. Councilman
Berlin advised that is fine with him. He reported that he knows that Beach Bank is not going
to be doing business with check cashers, similar to other banks, because of that problem.
Chief Hunker reported that City National is at 71st Street and they have a counting room
there. He advised that they also contacted SunTrust, but they don't have the facilities that
are needed there either and they didn't want to count the large sums of money.
A motion was offered by Councilman Jacobi and seconded by Mayor Roth to approve this
resolution. The motion carried unanimously (5-0). Thus becoming:
RESOLUTION NO. 669
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE
APPROPRIATE DOCUMENTS REQUIRED TO OPEN BANK ACCOUNTS FOR
THE LAW ENFORCEMENT FORFEITURE FUND WITH CITY NATIONAL
BANK; AND PROVIDING FOR AN EFFECTIVE DATE.
A resolution was read, by title, by the Village Clerk, authorizing the Village Manager to
execute an Adoption Agreement for an IRS Section 457 Deferred Compensation Plan.
A motion was offered by Assistant Mayor Gorson and seconded by Mayor Roth to approve this
resolution. The motion carried unanimously (5-0). Thus becoming:
RESOLUTION NO. 670
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN
ADOPTION AGREEMENT FOR A BASIC PLAN DOCUMENT FOR AN IRS
SECTION 457 DEFERRED COMPENSATION PLAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
9. LOBBYIST REGISTRATION REPORT: There were no new registrations.
10. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Mayor Roth discussed traffic on 96th Street and Harding Avenue. He explained that Stanley
Whitman, Bal Harbour Shops, met with the three Mayors (Bal Harbour, Bay Harbor, and
Surfside), Cliff Schulman (Attorney — Greenberg), and Steven Cypen (Surfside Town
Attorney) to discuss the traffic flow through Surfside and how it could be improved. Mayor
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Roth reported that Mr. Whitman will do a traffic study, so he can go to DOT (Department of
Transportation) to see what can be done. He advised that Mr. Whitman would also like to
widen Haulover Bridge to three lanes. Councilman Berlin stated that the widening of
Haulover Bridge has been in the process of being planned for years, because of a study
that DOT did. He advised that the traffic issue has been the same issue for years and it
isn't going to change, because of the traffic patterns that Surfside imposed on the
surrounding communities when they blocked off their streets for traffic. Councilman Berlin
doesn't think the problem will be solved, until that is addressed. Mayor Roth reported that
the agenda of the Surfside Mayor and Council is that they want to be a gated community,
with no traffic, except for Harding Avenue. He advised that Surfside is amiable to
decorating on 96th Street and he has a verbal commitment that they will pay their fair share.
Brian Mulheren, resident— 10245 Collins Avenue, thinks that this is a serious situation
and public safety is being affected, because fire, police, and ambulances can't get through.
He discussed the EPA (Environmental Protection Agency) and its laws, with regards to
pollution from the cars. Mr. Mulheren thinks that this issue should be addressed and the
Village should have the federal courts look at this, because Surfside has illegally blocked
public streets, they're causing havoc, they're endangering the lives of people, and now they
want to do it further. He thinks that legal action is the answer to go after them and stop this.
Mr. Mulheren discussed traffic accidents and thinks that it's a public safety issue. He
doesn't think that Mr. Whitman's study will help.
Councilman Boggess thinks that widening Haulover Bridge will create more traffic and
suggested restricting traffic somehow. He discussed the traffic on Collins Avenue.
Councilman Boggess doesn't think that providing better access to the Village is going to
solve anything. Mayor Roth thinks that traffic is a major problem and something has to be
done. He stated that the ability for emergency response is very important and if it means
going to federal court, etc., then he thinks the Village Attorneys should study this matter.
Dina Cellini, resident — 211 Bal Cross Drive, thinks that legal action at this point is
premature and welcomes a study. She suggested that some of the traffic being
experienced is due to the season and the construction on Biscayne Boulevard (Collins
Avenue is used as an alternative route). Ms. Cellini thinks that a traffic study would be
appropriate. She suggested holding off on filing any action, because of the expense at this
point, until the Village has a better grip on the cause. Mayor Roth stated that the Village
can certainly wait for the study.
Babak Raheb, resident — 128 Balfour Drive, discussed 96th Street. He advised that a
Surfside officer blocks the street from 7-9 a.m. and 4-6 p.m. Mr. Raheb is not opposed to
legal action, because he believes that the streets are owned by the County and the
taxpayers. He thinks that the population is growing and traffic will get worse. Mr. Raheb
advised that his experience is that people pay more attention when they are sued.
Chief Hunker thinks that the real problem is the parking on both sides of Harding Avenue
(cars trying to park, double parking, etc.) He thinks there needs to be a parking facility to
alleviate that from the street. Chief Hunker advised that instead of people turning right on
96th Street that are going south on Collins Avenue, they cut into the traffic, which also
creates a back up on Collins Avenue.
Mr. Raheb stated that there are also no delivery areas for the stores on Collins Avenue, so
that also blocks traffic. He suggested that deliveries only be allowed between certain hours,
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or having an area for special deliveries. Councilman Boggess discussed a delivery truck on
Collins Avenue for the Shops that was blocking traffic. Mayor Roth suggested meeting with
Surfside and Mr. Whitman concerning deliveries. Mr. Treppeda will have Chief Hunker
meet with them about the traffic situations. He reported that Mr. Whitman is thinking of a
new master plan for delivery trucks for the Shops. Mayor Roth thinks that Surfside is more
of a problem. He suggested not having the metered parking between the hours of 7-9 a.m.,
to open that up.
Mr. Mulheren doesn't think that the Biscayne Boulevard construction has anything to do
with the traffic. He stated that this problem has existed and will continue to exist. He thinks
that the Village Attorneys should look at this and deal with it legally, because they can't just
block the street. Mr. Mulheren thinks that the problem should be addressed legally,
because human life is being affected and it shouldn't be talked about lightly.
Mayor Roth suggested giving this 30 days for Mr. Whitman to do his traffic study and then
have the Village Attorneys investigate what legal recourse the Village has. Mr. Weiss
clarified that Mayor Roth is going to come back with a report at the next meeting. Mayor
Roth stated that he would hopefully do that.
Councilman Berlin thinks that talking with Surfside is a waste of time. He doesn't think that
a traffic study would hurt, because someone (the federal government, the court, etc.) will
want to see data to back up the Village's representation.
Mr. Raheb questioned if Mr. Whitman will be getting a favor from the Village in return for
him doing the traffic study. Mayor Roth responded no and advised that Mr. Whitman is
interested in the Shops and this is a benefit to him.
Councilman Jacobi suggested sitting in on the Surfside Council meetings to see what their
plans are and what they're thinking. Councilman Boggess stated that reading the
complaints from the letters to the editor, Surfside doesn't make their plans known.
B. VILLAGE ATTORNEY: No items.
C. VILLAGE MANAGER:
First Quarter Budget Report for Fiscal Year 2004/2005 —
Presented by Finance Director Christopher Wallace: Mr. Wallace reviewed the
report and requested Council feedback. He explained that the first quarter covers October
1, 2004 through December 31, 2004. Mr. Wallace reviewed the General Fund and advised
that it is at projection, with the expenditures a little below what was anticipated and most of
the revenues at or above what they should be. He advised that the permit revenues are up
and permitting related expenses are also up, which are good signs for the Village's future
development. He reviewed the Tourism Fund and reported that the fund is managed by the
Resort Tax Committee and they are pleased with the direction they're heading and the
budgetary performance. Mr. Wallace advised that the security has been reclassified to a
Special Revenue Fund, from an agency fund, which will allow the public to view the
revenues and expenses as they come in. He explained that it is funded with special
assessments, normally collected for the first quarter of the fiscal year. Mr. Wallace reported
that the District has received approximately 98% of its money. He stated that the
expenditures were below what was anticipated. Mr. Wallace reviewed the Water and
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Sewer Fund and advised that he has some concerns, but he is working on them with
Village Engineer William Landis and they will be addressed. He reviewed the Law
Enforcement Trust Fund (there are three of them). Mr. Wallace explained that they cannot
be shown as a budgetary performance, because they cannot be budgeted for. Mr. Wallace
reviewed the EAF (Employee Activity Fund), which is the annual holiday contribution from
the residents. He reported that most of that money has been collected and distributed to
employees. Mr. Wallace summarized that the budgetary performance is pretty good at this
point and he is closely monitoring all of the activities within the funds. He advised there are
some concerns in each of the funds, as far as particular expenditures, but there is nothing
major, and they are being monitored to keep them within budget.
Request to Expend Police Forfeiture Funds: Mr. Treppeda
explained that Chief Hunker is requesting Council approval to expend forfeiture funds for
the following items:
1.) Super Electronics, Inc. $ 4,125.00
(Video Surveillance at Police Department)
2.) Contribution to Mothers Against Drunk Driving (M.A.D.D.) $ 5,000.00
(The Department is required by Statute to donate at least 15% of forfeiture
proceeds to organizations which target crime prevention)
3.) U.S. Drug Enforcement Administration Course $ 6,490.25
(The Department co -sponsored a basic narcotics investigative course with
Miami Beach. Costs included instructor fees, attendee reception, graduation
banquet, workshop shirts, attendee registration costs, and instructor plaques)
4.) DGG Taser $ 5,460.63
(For Department's Pilot Program)
5.) Communications International, Inc. — Seven Mobile Radios $23,258.75
(To equip police vehicles with mobile radio systems)
6.) Police Athletic League $ 2,000.00
(In conjunction with Bay Harbor and Surfside — Funds are for start-up
costs. These costs meet the l 5% contribution requirement of forfeiture seizures)
TOTAL: $46,334.63
Mr. Treppeda reminded the Council that the forfeiture fund is not taxpayer dollars and must
be spent on only police equipment and associated costs.
A motion was offered by Councilman Jacobi and seconded by Mayor Roth to approve $46,334.63
of Forfeiture Funds for the above listed items. The motion carried unanimously (5-0).
Chief Hunker commended Sergeant Merrill and reported that the Department will be doing
a program with M.A.D.D. He requested that the President of M.A.D.D. be invited to the next
Council meeting, so that he can present them with a plaque and their check for $5,000.00.
It was the consensus of the Council that would be okay.
Request for Approval of Funds to Replace Plants on Beach: Mr.
Treppeda explained that plants are still being replaced on the beach. He reported that
when the project was originally done, there were some plants that didn't last. Mr. Treppeda
stated that they are being replaced with plants that can survive easily on the beach and
should last a long time. He advised that he will be requesting approval in the future, as
more plants are replaced.
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215
Mr. Mulheren recommended having one plan, instead of coming back to the Council for
approval each time. He suggested a study to see what needs to be done. Mr. Treppeda will
speak to the Landscape Architect, to make sure it is being done properly.
A motion was offered by Mayor Roth and seconded by Assistant Mayor Corson to approve
$4,458.00 for the replacement of dead plants on the beach, by Luke's Landscaping, Inc. The
motion carried unanimously (5-0).
Request for Approval of Security District Funds for
Landscaping Around Guardhouse: Mr. Treppeda explained that Civic Association
President Sandra Dunn has received some prices to improve landscaping around the
guardhouse. He advised that Mrs. Dunn is still negotiating the prices from the following
companies:
1.) Mitrani/Brysman, Inc. $3,500.00
2.) Devon Dixson Landscaping $4,950.00
Ms. Cellini questioned if this is budgeted. Mr. Treppeda reported that it is.
Sylvia Holder, resident— 24 Bal Bay Drive, questioned what the landscaping will look like
and if there's a plan. Mr. Treppeda advised that there are written documents and she can
speak directly with the Civic Association. He explained that the Village will contract directly
with the company that is selected.
A motion was offered by Councilman Jacobi and seconded by Mayor Roth to approve up to
$4,950.00 in Security Assessment funds for landscaping improvements around the guardhouse.
The motion carried unanimously (5-0).
Resort Tax Committee Recommendations: Mr. Treppeda
reviewed the following items that were recommended for approval by the Resort Tax
Committee, at their meeting on January 13, 2005:
1. Travel Industry Association of America's International Pow Wow New York $21,000.00
Bal Harbour's Second Annual Event (May)
(Catering, Production, Venue Rental, Audio -Visual, Invitations, and Collateral Material)
2. European Sales Mission (Spring) $22,000.00
(Sales Calls, Catering, Collateral, & Travel Costs)
(Village will Cover Cost for Sales Calls & Airfare for the Hotels' Sales Managers)
3. New York/Domestic Wholesalers Sales Calls (April) $14,000.00
(At the Request of the Sheraton, Targeting Primary U.S. Wholesalers)
4. Latin American Media Familiarization Tour (Spring) $12,000.00
(Airfare, Lodging, Ground Transportation, and Meals)
5. Meeting Planner/Corporate Travel Initiatives (Spring and Summer) Approx. $16,000.00
(Sponsoring Receptions & Events during Trade Shows & Sales Blitzes
In the Northeast and Midwest)
6. Second Domestic Group Media Tour and Individual Editorial Visits $12,000.00
(For Airfare, Lodging, Meals, Entertainment, and Ground Transportation)
TOTAL: $97,000.00
A motion was offered bp Councilman Jacobi and seconded by Assistant Mayor Corson to approve
$97,000.00 in resort tax funds, for the above listed items. The motion carried unanimously (5-0).
Regular Council Meeting 01/18/2005 7
11. OTHER BUSINESS:
Ms. Holder questioned the plans for a new code enforcement officer. Mr. Treppeda
reported that an ad is running in The Herald and in the meantime, police officers are
certified to do code enforcement, so no calls will go unanswered. Ms. Holder advised that
she was told that it would take four weeks for a complaint to be addressed. Mr. Treppeda
stated that nothing should take that long and she should let either the Chief or himself
know, if there's a concern. Ms. Holder reported that her complaint was addressed. Mr.
Treppeda advised that the position is budgeted, but they want to hire the right person for
the job.
Ms. Holder questioned the plans for a police building. Mr. Treppeda reported that a
feasibility study will be done, which will be started in February. He advised that it will be a
public process.
Ms. Holder discussed dogs on the beach and requested that a letter be sent to the
condominiums on the beach and the Town of Surfside that dogs are not allowed. Mr.
Treppeda requested that Chief Hunker concentrate more on dogs on the beach. He
advised that he will put that on Channel 20, in the Village newsletter, and write a letter to
the condominiums and Surfside.
Mr. Raheb stated that the Village gives Surfside $70,000.00 per year and suggested that
money be used as leverage with Surfside. Mayor Roth advised that the Council voted to
opt out of the Surfside library program.
Stanley K. Schapiro, South Beach, requested funding for a campaign to send letters to
servicemen overseas. He reported that he has received $1,000 from North Bay Village,
Bay Harbor Islands is in support of it, and Surfside should be approving it. Mr. Schapiro
requested a $1,000 contribution from Bal Harbour. He advised that $200 of the $1,000 will
go to veterans for consultation.
Richard Goodman advised that he is a veteran and stated that it's important for
servicemen to receive mail when they are away. He advised that their committee will call
people to have them write letters.
Mr. Schapiro requested that one member of the Council be the liaison and no money will
be spent without approval of that liaison.
Mayor Roth advised that this is a letter writing campaign to overseas servicemen and to
also get students to adopt a GI, etc. and is not a charity. Councilman Berlin questioned
what the money will be used for. Mayor Roth advised that it's for postage. Councilman
Berlin thinks that it's up to the Village Manager, if he is comfortable with what the money is
being used for is appropriate. Councilman Berlin thinks that it's commendable, but it's
charity. He advised that he will contribute personally, if they show him the charity.
Councilman Berlin thinks that the idea of spending city money on charities is inappropriate.
It was the consensus of the Council to Rive the Village Manager authority to spend $1,000.00 for
this letter writing campaign, at his discretion. Mr. Treppeda advised that he will get a good
plan on how it will be utilized.
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Ms. Cellini advised that she supports their efforts and she is a Daughter of the American
Revolution. Chief Hunker advised that since they are starting a PAL (Police Athletic
League), he will suggest getting the kids involved in writing the letters.
Ms. Cellini questioned if Chief Hunker is finished with the report concerning access to the
Village and smartpass system. Chief Hunker reported that the report is in the final stages
and he is waiting for Mr. Treppeda to review it. Mr. Treppeda advised that they should have
it done by the next Council meeting.
12. ADJOURN: There being no further business to come before the Council, a
motion was offered by Councilman Berlin and seconded by Assistant Mayor Gorson to adjourn.
The motion carried unanimously (4-0), with Councilman Jacobi absent, and the meeting
adjourned at 10:10 a.m.
r Seymour Roth
Attest:
Ellisa Horvath, CMC
Acting Village Clerk
Regular Council Meeting 01/18/2005 9