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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. Regular Council Meeting 01/18/2005 I 210 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 Regular Council Meeting 01/18/2005 2 211 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 Regular Council Meeting 01/18/2005 3 212 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, Regular Council Meeting O1/18/2005 4 213 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 Regular Council Meeting 01/18/2005 5 2 I II 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. Regular Council Meeting 01/18/2005 6 215 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. Regular Council Meeting 01/18/2005 8 217 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