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HomeMy Public PortalAbout2002-02-19 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - FEBRUARY 19, QOOQ The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February 19, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:33 a.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff Councilman Peg E. Gorson Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk David Wolpin, Village Attorney Absent: Councilman James E. Boggess As a quorum was determined to be present, the meeting commenced. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police Detective Leo Quinn. 3. APPROVAL OF MINUTES: Mayor Berlin requested that the word "substantial" on page 6 (Other Business), be changed to "substantive." He also requested that the following paragraph be added at the bottom of the agenda "on public comment, any person is entitled to be heard on any matter; however, no action will be taken by the Council, unless the item is specifically listed on the agenda." A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the ,January 15, 2002, Regular Council Meeting, as amended. The motion carried unanimously (4-0), with Councilman Boggess absent, and the minutes were approved as amended. 4. PRESENTATIONS: Office of the Year — Detective Leo Quinn: Chief Larry Freeman announced that Detective Leo Quinn was selected at the Department's Officer of the Year for 2001, for handling several complex investigations as well as designing the new patch for the Department. Chief Freeman presented Detective Quinn with a plaque. Mayor Berlin presented Detective Quinn with a check, on behalf of the Village. 5. PUBLIC HEARINGS: Mr. Wolpin read the following information from the agenda: Please be advised that the following item on the agenda is quasi-judicial in nature. If you wish to comment upon this item, please inform the Mayor when he asks for public input on the item. An opportunity for persons to speak will be made available after the applicant and staff have made their presentation on this item. All testimony, including public testimony and evidence, Regular Council Meeting 02/19/2002 1 2 will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Council to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Village Clerk. (Disclosure of Ex -Pane Communications) Those planning to speak at the hearing were sworn in by Mrs. Horton. Mr. Wolpin read the following variance application into the record: OWNER OF THE PROPERTY LOCATED AT 276 BAL BAY DRIVE, IS SEEKING A VARIANCE UNDER SECTION 15-4 FROM THE SIZE AND HEIGHT REQUIREMENTS FOR A SIGN ON DEVELOPED SINGLE FAMILY PROPERTY. Mr. Wolpin advised that this particular sign is a mural. Dan Nieda, Building Official, read the following staff recommendation into the record for the Sign Variance Request for the Dahari Residence, located at 276 Bal Bay Drive: BACKGROUND: The applicant has submitted for consideration a sign variance request for an existing mural on the east facade of a garage structure, in the R-1 Residential District. The mural is eight (8) feet - two (2) inches high by seven (7) feet - nine (9) inches long, or 9,124 square inches and directly visible from the Bal Bay Drive right-of-way. The mural depicts a tropical water scene with palm trees, hibiscus foliage and a native Indian on a canoe, as the focal point. The mural is a deviation from the design that the Architectural Review Board had approved, which consisted of a wall hung fountain feature. The Village Council may grant a petition for a variance in accordance with Chapter 15, Signs, Section 15-4, in special cases where the literal enforcement of that chapter would be deemed inequitable, and thereby permit the erection of signs that are not in strict conformity with the Sign Code. RECOMMENDATION: The applicant is seeking relief from the requirements of Section 15- 9 that regulates signs on improved single-family residential property. It provides that, unless otherwise authorized by law, no sign shall be displayed, except for sales or rent signs, address markers and statuary or other three-dimensional objects. The fountain, originally proposed by the applicant, was permitted by Section 15-9(3). However, the applicant's variance petition seeks approval for a mural feature that is not specifically allowed by the above provisions of Section 15-9(1)(2) and (3). The Code does allow the Village Council to consider granting variances where the literal enforcement of this chapter would be deemed inequitable. An address marker is the largest two-dimensional sign allowed on single-family property. According to Section 2: "An address marker containing street address number, name of street and name of resident only. The marker shall not exceed 100 square inches in surface area, shall not exceed two feet in height, from the top of the sign to the ground, and must be located entirely within the private property, outside of any easement area." The sign is mounted on the garage wall and entirely within private property, in accordance with requirements of this Section. If it met the dimensional criteria, it would be recommended for Regular Council Meeting 02/19/2002 2 approval. However, the subject mural does not comply with requirements of Section 15-9(2), since the sign is 9,124 square inches, where 100 square inches is the maximum allowed, and eight (8) feet — two (2) inches from the ground, where two (2) feet is the maximum permitted height. Because the applicant substantially exceeds the only available standards for evaluation of its size, under Section 15-9, I recommend that this sign variance request be denied. Mayor Berlin opened the public hearing. Dyan Dahari, owner — 276 Bal Bay Drive, addressed the Council and questioned if the Building Official disapproves the subject matter or the size. Mr. Wolpin explained that the item strictly concerns the size of the sign, because the Code restricts the size of signs. He advised that in order for Mrs. Dahari to prevail, she needs to convince the Council that it's unfair for the Village to apply the sign provision, as written, as it currently restricts and regulates the size. He explained that the Village has no interest whatsoever in the content of the sign. Mrs. Dahari stated that the mural doesn't really fall under the Sign Code, but that there was no other area for the Village Attorneys to put it under. She advised that if the Council has so much objection to the size of the sign, then she will put a gate in front of the house, so the mural won't be visible from the street. Mr. Wolpin advised that the gate would have to be approved by the Architectural Review Board. Mayor Berlin stated that might be the best solution for this applicant. Mayor Berlin explained that the reason that the Building Official evaluated the mural under the Sign Ordinance was because it was the closest one he could find pertaining to the mural. Mrs. Dahari doesn't feel that the mural falls under that category and did not intend for it to be a sign. Mr. Wolpin advised that it is the Village Attomeys' legal opinion that the mural is a sign, within the definition of the Sign Code. Mayor Berlin stated that the Architectural Review Board had approved a fountain for the property and a mural was placed on the wall instead of the fountain. He explained that the Security District Civic Association spent one year with the Building Official and Village Planner and had a series of meetings with the residents to review the rules that would govern signs and artwork within the Security District. Mayor Berlin stated that he has no interest in upsetting that expression of opinion, unless the Civic Association reevaluated it along with the residents and decided to have a different sign rule within the District. He advised that short of that, the Civic Association would be disappointed if the Mayor recommended something that they all spoke about and requested. Mrs. Dahari advised that there is other artwork (tiles, etc.) in the District that should be considered under the same category. Mayor Berlin advised that it is not appropriate to discuss other properties that are not before the Council to discuss. Mayor Berlin closed the public hearing. A motion was offered by Councilman Gorson and seconded by Assistant Mayor Tantleff to deny the Sign Variance request for the Dahari Residence (276 Bal Bay Drive). The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None 7. ORDINANCES FIRST READING: The ordinance was read, by title, by the Regular Council Meeting 02/19/2002 3 4 Village Clerk, authorizing the Village to provide Medicare Supplement Health Insurance to eligible Village Council members. Mr. Treppeda explained that Councilman Boggess is going through some health concerns and has asked for a discussion for a Medicare Supplement, if he leaves office. He advised that the Supplement would continue for life, at the Village's cost. Mr. Wolpin doesn't know if it will be taxable or not to Councilman Boggess. Mr. Treppeda advised that the Village currently pays $380.19 per Council member, per month for health insurance, as well as 55% of the cost of their dependent coverage. He explained that the Medicare Supplement would cost $218.26 per month, under the current insurance policy. Mayor Berlin advised the public that Council members serve with very little benefits ($92.35 salary per month and health insurance). He explained that Councilman Boggess has served on the Council for 14 years and he feels that the Medicare Supplement is the least that the Village can do for him. Mayor Berlin advised that the ordinance was drafted to be effective after 12 years, because it is saying that Councilman Boggess is special and this should be an extraordinary type of benefit. Mayor Berlin would support the ordinance, as written, with the amendment that there be a cap for the Medicare Supplement, up to the amount that the Village pays for the full insurance benefits for other current Council members. Assistant Mayor Tantleff agrees with the three consecutive terms; however, he thinks that Council members that have served three consecutive terms that leave before reaching Medicare age, should also be eligible for the benefit whenever they reach Medicare age. Councilman Roth doesn't think that it should have to be consecutive years, and also thinks it should be for two terms (8 years) instead of three. Mayor Berlin is not in support of two terms because this is suppose to be extraordinary. Councilman Gorson questioned if this would be retroactive for other Council members who have already retired from the Council. Mayor Berlin advised that wasn't addressed. Assistant Mayor Tantleff is in favor of the ordinance as it is written and advised that the Council can always amend the ordinance in the future. A motion was offered by Councilman Gorson and seconded by Assistant Mayor Tantleff to adopt this ordinance with the addition of a cost caveat, as suggested by Mavor Berlin. The motion carried with the vote as follows: Mayor Berlin aye: Assistant Mavor Tantleff aye: Councilman Boggess absent: Councilman Gorson ave: Councilman Roth ave. Thus becoming: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE TO PROVIDE MEDICARE SUPPLEMENT HEALTH INSURANCE FOR ANY VILLAGE COUNCIL MEMBER WHO LEAVES THE COUNCIL AFTER COMPLETING THREE CONSECUTIVE TERMS OF SERVICE AND IS ELIGIBLE FOR MEDICARE COVERAGE AT THE TIME OF LEAVING COUNCIL SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 8. RESOLUTIONS: None 9. FISCAL YEAR AUDIT REPORT: RACHLIN COHEN & HOLTZ — G. JERRY tHIOCCA: Mr. Chiocca reviewed the General Purpose Financial Statements of the Fiscal Year ended September 30, 2001. Mr. Chiocca reviewed the Report of Independent Certified Public Accountants and advised that it states that they have audited Regular Council Meeting 02/19/2002 4 5 the general purpose financial statements of the Town of Bal Harbour Village, as of September 30, 2001 and for the year ended. He explained that it also says that the information contained in the financial statements present fairly, in all material respects, the financial position of the Village, as of September 30th, 2001. Mr. Chiocca reviewed the Combined Balance Sheet (page 2), which shows the total assets of the Village at a little over $41.3 million and approximately $1.7 million of liability, leaving fund balances of almost $40 million. He explained that $1.9 million is Designated for Special Projects out of the general fund and $2.5 million is Undesignated Fund Balance in the general fund. Mr. Chiocca advised that the Village has a Special Revenue Fund of $1.4 million, which has always been set aside for tourist development and $1.5 million of Undesignated. Mayor Berlin clarified that the Undesignated funds are being used for the Beach Master Plan. Mr. Chiocca advised that the Pension Benefits are over $12 million. He reviewed the Combined Statements of Revenues, Expenditures and Changes in Fund Balances (page 3) and advised that there is excess revenue in the general fund of $519,000, a deficit of $131,000 in Special Revenue and a deficit of $1,400 in the Expendable Trust. Mr. Chiocca reviewed the Budget (page 4) and explained that there was approximately $519,000 to the positive because there were more local taxes than budgeted ($175,000) and under the General government expenditure, the Village didn't spend all that was budgeted ($300,000). He advised that in the Special Revenue, there was approximately $1.8 million that the Village was going to use from the prior fund balance for tourism development beach restoration. He explained that the Village did not spend it all and the projects were put into this year, so it shows a negative amount there because all the money wasn't spent. Mayor Berlin questioned what the contributors are for the other local taxes category. Mrs. Horton advised they are: utility taxes, FPL, franchise taxes, BellSouth, cable, etc. Mr. Chiocca stated that he knows the Village flipped a lot of the appropriated fund balance this year into special revenue and warned that the tourism tax and tourism is down, so the Village is getting less money in and needs to reevaluate the priority of projects to do. Mr. Chiocca reviewed the Combined Statement of Revenues and Expenses for the Utility Fund (page 5) and explained there are Charges for Services of over $2 million, Operating Expense of $1.5 million, which leaves an Operating Income of $526,000. He advised that adding on the primary Interest Income of about $178,000, there is Net Income for the year of $675,000. Mr. Chiocca reviewed the Pension (page 7) and advised there was a net decrease and investment income of $1.1 million, which is the value of the stocks and bonds. He explained that all of the cities are down. Mr. Chiocca reviewed the Compliance Section. He reviewed the Report on Compliance on Internal Control (page 32) and reported that the results of the tests disclosed no instances of noncompliance that have to be presented to the Council, as well as no matters involving internal control weaknesses. Mr. Chiocca congratulated Mr. Treppeda, Mrs. Horton, and the staff on that. Mr. Chiocca reviewed the Report of Internal Control of the Auditor General (page 34) and explained that there were no inaccuracies, irregularities, defalcations, or violations of laws, rules and regulations. He advised that the Village was not in a state of financial emergency, the Village was in compliance with the investment policy, and during the course of their audit, nothing came to their attention to cause them to believe that the Village was in any violation of laws or illegal transactions, etc. Mr. Chiocca advised that the Auditor General has always required the auditors to look at financial condition and this year came up with some specific ways of doing it. He explained that they applied the financial condition procedure and found nothing having to do with deteriorating financial condition. He advised that the Village is in a very good financial Regular Council Meeting 02/19/2002 5 6 position (page 35, section 7). A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to accept the report submitted by Rachlin Cohen & Holtz for the Fiscal Year ended September 30, 2001. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. 10. WITHDRAWAL OF APPLICATION FOR NON-USE VARIANCE FOR HARBOUR HOUSE — HOLLAND & KNIGHT: Susan Delegal, Esq. — Holland & Knight LLP, representing Smith Property Holdings Harbour House, who is the applicant for a Non -Use Variance Application that was filed in October 2001. Ms. Delegal requested to withdraw the Application for the Non -Use Variance previously filed and advised that no hearings have been held on it and it is no longer an application that the company wishes to pursue. In addition, she requested a waiver of the 6-month provision in the Village Code, within which an applicant is not allowed to ask for another public hearing. Mayor Berlin advised that the Council would probably not be inclined to grant the 6-month waiver request; however, he doesn't think the applicant needs one. He explained that several months ago, the applicant chose not to go forward. Mayor Berlin advised that the rule is if they go forward and are denied, then they would have to wait 6 months. The Council determined that the Village Code prohibition on re -application after withdrawal is not applicable. Assistant Mayor Tantleff advised that Charles E. Smith has done a wonderful job updating the Harbour House. 11. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Assistant Mayor Tantleff advised that as the Miami -Dade County League of Cities President, Miami -Dade County Manager Steve Shiver has appointed him to the Miami - Dade Board of County Commissioners Strategic Planning Initiative Council (transportation, infrastructure, etc.). He will report the results of those meetings to the Council. Assistant Mayor Tantleff requested the Council to consider $300 per year, per Council member, as an expense budget (to have meetings with residents, etc.). Mayor Berlin thinks that it would be unusual for the Village to pay for that type of an event. B. VILLAGE ATTORNEY: None C. VILLAGE MANAGER: Update on Beach Master Plan and Request for Approval of up to $30,000 for Florida Power & Light to Run Power to the Beach: Adam Shah, Coastal Systems International, explained that an inspection for substantial completion was performed last week, with very few deficiencies. He advised that the Contractor has 30 days to remedy the deficiencies, but it should only take 1-2 weeks (plant around valve box for the irrigation system in the middle of the path so that it will not be run over, etc.). He advised after that, the Contractor will demobilize from the site. Councilman Roth questioned if the path has been steamrolled because people are complaining that the Regular Council Meeting 02/19/2002 7 shells on the path are not crushed enough. Mr. Shah responded yes and that the shells will continue to crush down over the course of time. Councilman Roth questioned if all the plants will be covered by irrigation system. Mr. Shah advised that the water pressure on the site is low, so a booster pump was installed, which is powered with electricity from 96th Street. He explained that currently there is not sufficient water pressure to run the system as it was designed, so the manual operation (switching on and off) of the system is currently being done by the Contractor and will have to be done until the FPL power is connected (approximately 6-7 weeks). Councilman Roth advised that there hasn't been much rain and some of the plants are dying because of insufficient water. Mr. Shah advised that was noted during the inspection and Coastal Systems has requested that plant material be replaced. Mayor Berlin requested that the sprinkler system also be checked, because some areas are sprinkling the path instead of the plants. Mr. Shah advised that they need to do a final readjustment of the orientation of the sprinkler heads, when the pressure is boosted. Councilman Roth stated that the Contractor is going to leave before the 6 weeks that it will take FPL to complete their work and questioned who will monitor the watering, etc. Mr. Shah suggested that the Village's Public Works Department handle that before the FPL power arrives. Mr. Treppeda advised that once the power comes in, it will be totally automated and run in the middle of the night, but until the power is run out there, the Public Works will turn the different zones on and off (10-15 taps to operate manually). He advised that's the way it was previously done. Mr. Shah advised that the Contractor has up to 30 days to reach final completion and to correct the deficiencies that were identified, but estimates that it will only be 2 weeks. Mr. Shah explained that FPL has completed the engineering and the concept is to run power from the SoliMar building (in Surfside), undemeath 96th Street, to a transformer, which will be mounted on the north side of 96th Street (adjacent to the Majestic Condominium). The power will then be run from the transformer into the electrical panel, which powers the project. Mr. Shah advised that FPL is in the process of finalizing a cost estimate and advised that the $30,000 figure is an estimate. Mayor Berlin questioned how could an electrical contractor for the project not plan for the main power feed. Mr. Shah advised that it was a lack of coordination between Coastal Systems, the electrical engineer, the electrical contractor, and FPL. Mayor Berlin thinks that the irrigation is his major concern because a lot of money has been spent on the landscaping. He advised that he doesn't mind the Village's Public Works Department picking up the responsibility, but wants to make it really clear that if the landscaping suffers during the manual operation, then the Village will look to the people involved in the project. Mayor Berlin doesn't mind the Village Public Works Department doing the operation, but they shouldn't be held responsible. Councilman Roth agreed and thinks that the Contractor should also send someone out once a week to see that the watering is being done properly. Mayor Berlin stated there is no burden on Public Works and they are accommodating the Contractor. He thinks that the responsibility stays with the Contractor and they are liable. Mr. Shah stated that the Contractor will be discharged of their responsibility, once they have completed the system. He advised that the supplying of the power is a delay, which is due to the lack of coordination and at no fault of their own. Mr. Wolpin thinks that the warranty should come from Coastal Systems, who should state that in light of the fact that their design did not include this element, that they will, without charge, weekly monitor the status of the landscaping, so as to help assure that there will not be any failure of that landscaping. Mr. Shah advised that is acceptable. Mayor Berlin directed Mr. Wolpin and Mr. Treppeda to draft the necessary paperwork to make sure Regular Council Meeting 02/19/2002 7 there's no confusion. Mr. Shah advised that the supply of the landscaping material is the Contractor's responsibility and once the irrigation is up and running, then the warranty for the landscaping will revert to the Contractor who did the work. He stated that during the interim period, when Public Works is supervising the irrigation, he will be happy to oversee and work with Mr. Treppeda on overseeing that the guidelines are met, at no cost. Mr. Shah advised that at the point that the irrigation system is up and running, then the normal warranty should be reinforced. Mr. Wolpin thinks that would be appropriate. Mr. Wolpin believes that Mr. Shah is saying that during the interim period until full power is there, his firm will monitor the landscaping status, without cost, and will also be responsible for any failure of the landscaping during that interim period. Mr. Shah advised that Coastal Systems will agree with that, to a point. He explained that they are requesting that there's sufficient support from Public Works. Mr. Shah advised that during the clearing process, some Scaevola was removed, so more sea oats are needed to complete the planting at the south end (10% increase). He advised that cost is $13,070.00. Mr. Shah explained that March 7 is the substantial completion date. He advised that the Contractor is already substantially completed and has 30 days for final completion. Sylvia Holder, resident — 24 Bal Bay Drive, advised that people walk over the sea oats and thinks they should be taped off until the mulch can be put down. Mr. Shah will look into the sea oats that have been damaged and advised they should be replaced at no cost. Marjorie Schell, resident — Balmoral Condominium, advised that she can't walk on the path barefoot. Mr. Shah advised that there would be an additional cost to steamroll the path again. A motion was offered by Councilman Roth and seconded by Assistant Mavor Tantleff to approve $30,000 for FPL to run power out to the beach for the bollard lights, irrigation timers, and the irrigation booster pumps. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mavor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve $13,070.00 for additional sea oats. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth ave. Dan Nieda, Building Official, advised that the Village Electrical Official has rejected further inspections until complete revisions are done to the electrical system including life safety electrocution hazards, etc. He cautioned that before substantial completion is done, the drawings have to be submitted by the Engineer of record and approved by the Electrical Official, before the work is continued. Mr. Nieda stated that he also needs a report of compaction. He advised that Coastal Systems is obligated to follow through, inclusive of final inspections. Mayor Berlin suggested that Mr. Shah meet with Mr. Nieda. Mayor Berlin handed the gavel over to Assistant Mayor Tantleff to chair the meeting. Regular Council Meeting 02/19/2002 8 Request for Approval to Purchase Police Vehicle: Mr. Treppeda explained that Chief Freeman is requesting approval to purchase a police car to replace one that is 5 years old and is almost out of warranty (police vehicles are normally replaced after 5 years). He advised that pricing for a 2002 Ford Crown Victoria, from the State of Florida (Dade County) bid, is $23,883.87. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve $23,883.87 to purchase a new police vehicle (price includes an extended warranty for 5 years/75,000 miles). The motion carried with the vote as follows: Mayor Berlin absent; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth Request for Approval to Spend Forfeiture Funds to Purchase Four (4) Radar Guns: Mr. Treppeda explained that Chief Freeman is requesting the use of Federal Forfeiture funds to purchase the following speed measuring devices: 1. Two hand held laser guns from Kustom Signals Inc. @ $3,895.00 each 2. Two hand held radar guns from Kustom Signals Inc. @ $2,047.00 each A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve $11,884.00 in Federal Forfeiture Funds for the above listed items. The motion carried with the vote as follows: Manor Berlin absent; Assistant Mayor Tantleff aye;_ Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Request for Approval of Mutual Aid Agreement with North Miami Beach Police Department: Mr. Treppeda explained that the Village's Mutual Aid Agreement with North Miami Beach Police Department will expire in April. He advised that mutual aid agreements spell out the terms under which police departments assist each other at times when a situation is beyond the control of the service, personnel, equipment, or facilities of one of the departments. Mr. Treppeda advised that both Bal Harbour and North Miami Beach would like to renew the agreement. A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve the Mutual Aid Agreement with North Miami Beach Police Department for police services and to authorize the Village Manager to sign the agreement on behalf of the Village. The motion carried with the vote as follows: Mayor Berlin absent; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Approval of Funding for Emergency Water Supply Interconnect with North Miami Beach Water System: Mr. Treppeda explained that the City of North Miami Beach constructed an interconnection with the Village's water system at the north end of the Village (near Haulover Bridge), as an emergency water supply. He advised that North Miami Beach paid 75% of the cost for installing the necessary piping and meters. Mr. Treppeda recommended that the Council approve $6,350.00 (25% of the cost of the work) from the water fund for the mutual interconnection with the City of North Miami Beach. He advised that the interconnection can be used in emergency situations to continue water service to the Village's residents. Regular Council Meeting 02/19/2002 9 J0 A motion was offered by Councilman Roth and seconded by Councilman Gorson to approve $6,350.00 from the water fund to pay for 25% of the cost of work performed by the City of North Miami Beach for a mutual interconnection. The motion carried with the vote as follows: Mayor Berlin absent; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Assistant Mayor Tantleff handed the gavel back to Mayor Berlin. Discussion of Annual Alarm Permit Fee: Mr. Treppeda explained that the Village currently charges a renewal fee of $5.00 per year for alarm permits. He advised that the Village conducted a survey of what other cities charge for an alarm permit and for annual renewal, which is enclosed in the agenda. Mr. Treppeda stated that in order to be more in line with what other cities charge and to make the renewal effort worth the employee time, supplies, and postage utilized, he is proposing that the renewal fee be set at $20.00 per year. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve increasing the Annual Alarm Permit Fee to $20.00 to cover costs and directed the Village Attorney to draft an amendment to Section 3-52 of the Village Code. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Request for Approval of Change Order to Add Twelve (12) Foot Fence to North Side of Basketball Court: Mr. Treppeda explained that some of the balls from the Park are going into the parking lot and he would like to raise the fence up to 12 feet to prevent that. He advised that the cost from Fence Master to add the fence at the Park is $6,800.00. Mr. Treppeda also explained that he would like to jog a small portion of the fence on 96th Street around two water valves that Dade County needs to access, which would cost approximately $2,000.00. Mr. Treppeda requested approval of up to $9,000.00 for both of the changes. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve up to $9,000.00 for the changes to the fence at the Park. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent: Councilman Gorson aye; Councilman Roth aye. Resort Tax Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on February 14, 2002: 1. Bal Harbour Video on CD ROM 2. Mexico FAM Trip TOTAL RECOMMENDED EXPENDITURES $ 5,000.00 $ 5,000.00 $10,000.00 A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $10,000.00 for the above listed resort tax items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Roth aye. Regular Council Meeting 02/19/2002 10 11 12. OTHER BUSINESS: Dina Cellini, resident — 211 Bal Cross Drive, addressed the Council and advised that she received a letter from the Village Manager, dated January 25th, regarding the public status of Founders' Circle. She explained that several residents would like to access their right to freedom of religious expression at Founders' Circle and questioned if there's a procedure to follow (permit application, etc.). Mr. Wolpin stated that the Council can adopt a specific policy for addressing rights to freedom of expression; however, in the absence of that policy, Founders' Circle is available and has been used by members of the public for free expression. He advised that, as a public forum, it is available for such use. Mr. Wolpin stated that if problems occur in the future, then the Council could adopt a specific policy regulating the time, place, and manner of that expression. He advised that, so far, Founders' Circle has been successfully used by the public for various expressive activities. Mr. Wolpin stated that if the Council desires the Village Attorneys to look into the matter further or recommend any time of policy, they can do so. Mrs. Cellini questioned if she should notify the Village Manager of the specifics when a group would like to use Founders' Circle. Mr. Wolpin advised Mrs. Cellini that she is free to send a particular proposal to the Village Manager and she would then be contacted if the Village sees any question or problem with it, under the existing Village ordinances. Mrs. Cellini confirmed that there's not a formal permit application. Mayor Berlin clarified that there is no procedure and Mrs. Cellini is offering to advise the Village in advance of some religious ceremony. Mr. Wolpin agreed that there is no formal procedure. Mrs. Cellini stated that most municipalities have a permit application to use a public forum. She advised that she wants to make sure that she follows whatever non -procedure will be satisfactory to the Village Council. 11. ADJOURN: There being no further business to come before the Council, a motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to adjourn. The motion carried unanimously (4-0), with Councilman Bozzess absent, and the meeting adjourned at 10:58 a.m. Mayor Howard J. Berlin Attest: f Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 02/19/2002 11