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HomeMy Public PortalAbout1984-08-28 MeetingCOUNCIL MINUTES August 28, 1984 The Council of Bal Harbour Village met Tuesday, August 28, 1984 at 9:30 A.M. in the Village Hall. Present: Mrs. Antiles and Messrs. Laikin, McKeehan, Sherman and Taplin. Also present were Fred Maley, Village Manager; Mary T. Wetterer, Village Clerk; and Alan S. Gold, Village Attorney. On motion of Mrs. Antiles, seconded by Mr. Laikin and voted, the minutes of July 31, 1984, were approved as submitted. A Public Hearing was held to consider the application of the Church by the Sea to construct two pedestrian canopies 13'8" wide extending into the front and rear setback lines. Dr. David Reese, Pastor of the church, showed plans of the proposed construction. Dr. Reese said he had shown the plans to the Bal Harbour Shops and there was no objection. On motion of Mr. Taplin, seconded by Mr. McKeehan and voted the variance was approved. Mr. James Rizzo of Kruse, O'Connor & Ling, the Village's pension actuaries, said they had been retained to advise the Council on whether to grant lump sum settlements to the participants or place restrictions on lump sums. Mr. Rizzo stated that the employees believe they have the right to a lump sum which might cause law suits if not granted. Against that, he said the pension document does not guarantee the lump sum form of benefit; court cases show you have a right to begin placing limitations; the IRS does not like lump sums; lump sums encourage leaving to get the money; as the pension plan provides pensions, lump sums may circumvent this. Mr. Sherman read portions of a letter from the Trustees, Northern Trust Company, in which they requested advance notice for any large sum with- drawals and advised that lump sum benefits should not substantially hurt the trust. Mr. Maley explained the contribution structure to the trust and reviewed the choice of benefits selected by more recent retirees. He mentioned that our contributions are in line with other cities. He further stated that the trust says the employee can choose among the benefits pro- vided. He read a letter from the Wyatt Company, pension actuaries, in which they state that from a fidiciary view, they see no reason why lump sums cannot be granted. The council discussed possibilities of allowing withdrawals up to $30,000; of the employees contribution, plus interest; or up to 5% of the trust principal; and that most employee benefits would fall under $100,000 on retirement. Mr. Maley stressed the moral ob- ligation the village may have to employees, as we now have two employees working past retirement. It was moved by Mr. Taplin, seconded by Mrs. Antiles, that we handle each case individually and maybe set some para- meters. Mr. Robert Baquero of the Police Benevolent Association spoke against limiting lump sums. He explained that this was a benefit of working for Bal Harbour and employees could have chosen to work somewhere else where a contribution from the employee was not required for pension benefits. Additionally, each year the employee has received a statement showing the value of his benefit, including the value of the lump sum. Mr. Gold siad that the village has an enacted ordinance which we must abide by. This provides for normal retirement age with normal benefits. August 28, 1984 Chapter 13-18 and 13-18-2 specify retirement dates and benefits. He said the council had two obligations, one to protect the trust and if the corpus of the trust is not impaired does the participant have the right to the money. Mr. Gold said he is curious about the statement about the IRS qualifying the plan. Also, the State of Florida issues rules re- garding pension plans. He said he would like to have his office study the matter and give careful consideration to the items he has commented on. He would like further discussion with Kruse, O'Connor and Ling, the State Agency, IRS and the Trustee. Also those who have an interest in the Trust have a right to imput. Mr. Taplin said after Mr. Gold's comments he would like to withdraw his motion, Mrs. Antiles agreed. Mr. Taplin then moved, seconded by Mrs. Antiles and voted, that Mr. Gold should conduct his review and render a legal opinion. Mr. Maley, said, as directed, he had contacted three graphics con- sultants to review signage on Collins Avenue, and although they preferred to wait until the street furniture was placed, he had received a proposal from H. L. Malt. Garth Urban will submit one shortly. He said that the cost of the work will fall under the competitive negotions act. However, he thinks he has contacted enough firms. He is not ready to recommend a firm now, but one could be chosen at the second budget hearing. Mr. Sherman said the tourism department will need additional money for various projects, particulary beach renourishment. Mr. Gold read proposed Resolution No. 289 raising the Resort Tax from 2% to 3% on certain rentals, restaurant food and beverages. Discussion followed on the amount needed for beach re - nourishment and it was agreed that the first $1,000,000 which could prob- ably be raised in three years with the additional tax money. It was agreed to strike the words " of certain rentals and sale of food and beverages" from the ballot question. Mr. Bobby of the Bal Harbour Shops said their recommendation is to raise the total tax to 5%. Mr. Kaplan of the Sheraton Bal Harbour and Mr. Burke of the Singapore said they strongly ob- ject to this amount. Mr. Gold recommended that an ordinance be passed prior to the election stating the allocation of the monies collected if the Tax passes. On motion of Mr. Taplin, seconded by Mrs. Antiles and voted Resolution No. 289 was passed. Mr. Gold said he would prepare an ordinance for first reading at the next meeting. Mr. Nygren, manager of the Admiralty Apartments, appeared to protest the placement of a bus shelter at the bus stop in front of their partments. He said the owners wish to have this delayed until they return this fall. Mr. Maley reported that the bus stop has always been at that location, but he would contact Dade County Transportation to have them study the location. He mentioned that it would cost approximately $20,000 to move the paved bus stop area. Mr. Maley explained that in the past the Sewer Department has been partially subsidized by the General Fund and the proposed 1985 budget plans to make it self-supporting. The Village Clerk read a proposed ordinance in full raising the sewer charges 50% on all properties. On motion of Mrs. Antiles, seconded by Mr. Laikin the ordinance was passed on first reading. August 28, 1984 The Village Clerk explained that the General Fund budget for 1983-84 must be amended to provide for expenditures approved by the council during this fiscal year. Ms. Wetterer read Ordinance No. 256 amending the General Fund budget by increasing it $325,828 from Fund Balance. On motion of Mr. McKeehan, seconded by Mrs. Antiles, the ordin- ance was passed as an emerginency ordinance. Mr. Sherman said that Councilwoman Levinson from Bay Harbor Islands had brought the matter of the condition of Harding Avenue in Surfside to him and thought that Bay Harbor and Bal Harbour might pass a joint re- solution requesting that Surfside take action to improve the street, pos- sibly creating special tax district for that area. It was the council's decision that Mrs. Levinson should head this movement. Mr. Louis Brandt of the Regency Spa said that he wanted it known he was not anti-Bal Harbour or anti -John Sherman, that he only spoke for the good of Bal Harbour and is still concerned about the $150,000 for Miami and Miami Beach. He said the Council is throwing the money away. We should never associate with the other communities. Mr. Sherman said he would like to review for thosepresent the actions which prompted Mr. Brandt's remarks. He explained the formation of the Greater Miami Coalition and the Bal Harbour Sheraton and Bal Harbour Shops participation in its formation. He said the anonymous ad in the newspaper regarding Bal Harbour throwing away hundreds of thousands of dollars was scurrilous. Bal Harbour sets a standard for others and all our accounts are reviewed and auditied. Mr. Maley said we cannot divorce ourselves from the whole Dade County area. Mr. Maley said we have received an easement from the Bal Harbour Shops for the construction of a bus bay adjacent to Saks Fifth Avenue on 96th Street. He would like authority to go out for bids. It was moved by Mrs. Antiles, seconded by Mr. Taplin and voted that Mr. Maley get bids for this work. Mr. Maley said that with the rezoning of the oceanfront, all new construction had a landscaping regulation in addition to not having parking lots in front of the buildings. Some of the older properties have de- plorable parking areas and a lack of landscaping. He suggested that the village might bear 50% of the cost of planting some hedges, etc. in front of the older properties. Mr. Maley was requested to get some figures on improving the landscaping for the council's consideration. Mr. Maley said the Police Benevolent Association has turned down the village's offer of a 5% raise starting October 1st, and asked what the feeling of the council is on this. Mr. Kelly, Finance Director, said we had done a study of other departments, and our offer is more than fair. We cannot justify more than 5%, and that 5% cash in pocket now is more than they asked for on the basis of an 8% delayed raise. Mr. Sherman said that Mr. Shildecker's report on the police department stated that major crime is almost non-existant in Bal Harbour so salaries would not have to reflect hazards. It was moved by Mrs. Antiles, seconded by Mr. McKeehan and voted that Mr. Maley convey the council's decision to remain at 5% to the PBA. August 28, 1984 Mr. Maley said our union contract provides for payment of full salary for 120 days for service -connected disibilities. We have one officer who now will be out approximately 30 more days before being on light duty. It was moved by Mr. Taplin, seconded by Mr. Laikin and voted that the village pay Sgt. Hasselman full salary, less reimbursement by Worker's Compensation, for 30 more days. On motion of Mr. Mckeehan, seconded by Mr. Taplin and voted, the meeting was adjourned at 12:30 P.M. Attest: Jraij Village Clerk August 28, 1984 Mayo? BUDGET HEARING August 29, 1984 A Public Hearing on the proposed 1984-85 Budgets was August 29, 1984 at 5:00 P.M. in the Village Hall. Present: Mrs. Antiles and Messrs. Laikin, McKeehan, held Wednesday, Sherman, Taplin Also present were Fred Maley, Village Manager and Mary Wetterer, Village Clerk. Mr. Sherman said the volunteer budget committee had studied the budgets and asked for comments from Mr. Bobby, one of the committee members pre- sent. Mr. Bobby explained that they object to the cost of living increases in our pay scale. He believes that only merit raises should be given, when actually earned. He also felt that there should be a pay cap at all salary levels and thinks they are too high in some places. Mr. Sherman said that he had received a letter from Long Associates, who did a management survey for Miami Shores Village, and perhaps the village should hire them to look over Bal Harbour's salary policy. (Mr. Taplin arrived at the meeting at this time) Mr. Bobby reviewed for Mr. Taplin their feeling on using merit raises and not cost of living. Mr. Kelly, Finance Director, told the council that according to his survey Bal Harbour is in the top one-third of salaries in the county. He said he had not studied the idea of a cap on salaries, however, it is normal in all government agencies to operate on merit steps and cost of living increases. He said he feels we should not stray too far from the norm. He also feels that the longevity raises are a good idea, if not used, it would ultimately result in a 40% re- duction in pay. As for using merit pay for raises, in a situation like Bal Harbour, there is no way that most could work up to supervisors. He believes that an outside review would be worthwhile. August 29, 1984