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HomeMy Public PortalAbout2002-09-17 Regular Meeting80 COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 17. 2002 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, September 17, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 5:31 p.m. by Mayor Berlin. Those present were: Also present: Mayor Howard J. Berlin Assistant Mayor Daniel S. Tantleff Councilman Joel S. Jacobi Councilman Seymour "Sy" Roth Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Peg E. Gorson As a quorum was determined to be present, the meeting commenced. The Pledge of Allegiance was previously done at the Second Budget Hearing meeting. 2. RATIFICATION OF JOEL S. JACOBI TO BAL HARBOUR VILLAGE COUNCILS A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to ratify Joel Jacobi as the new Councilman for Bal Harbour. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Roth aye. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the July 16, 2002, Rekular Council Meetine. The motion carried unanimously (4- 0), with Councilman Gorson absent, and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the July 30, 2002, Special Council Meetine. The motion carried unanimously (4-0), with Councilman Gorson absent, and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the September 5, 2002, Special Council Meetine. The motion carried unanimously (4-0), with Councilman Gorson absent, and the minutes were approved as submitted. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the September S, 2002, First Budget Hearine. The motion carried unanimously (4- 0), with Councilman Gorson absent, and the minutes were approved as submitted. 4. PRESENTATIONS: Regular Council Meeting 09/17/2002 1 81 Officer of the Month Detective Paul Deitado: This presentation was done later in the meeting. Employee of the Month Lydia Kordalewski: Mr. Treppeda explained that for many years there has been an Officer of the Month Award, but there was no award to recognize General Employees, so he thought it would be a good idea to start a program for General Employees. He advised that Lydia Kordalewski was selected as the Employee of the Month for August 2002, for her increased enforcement of parking violations, bicycles violations, and her assistance with the new Park. Mr. Treppeda presented Ms. Kordalewski with a plaque. Mayor Berlin presented Ms. Kordalewski with a check for $100. 5. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: An ordinance amending Chapter 21 "Zoning Code" of the Village Code was read, by title, by the Village Clerk. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Thus becoming: ORDINANCE NO.479 AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR, FLORIDA, AMENDING CHAPTER 21, "ZONING," ARTICLE III "DISTRICT REGULATIONS," DIVISION 10, "OF OCEAN FRONT DISTRICT," SECTION 21-288, "SAME -EXCEPTION FOR ACCESSORY PARKING STRUCTURES"; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. An ordinance amending Chapter 18 "Taxation and Finance" of the Village Code was read, by title, by the Village Clerk. Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent: Councilman Jacobi aye; Councilman Roth aye. Thus becoming: ORDINANCE NO. 480 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING PARAGRAPH (A) "NUMBER, TERM AND QUALIFICATION OF MEMBERS" OF SECTION 18-43 "COMPOSITION; APPOINTMENT; VACANCIES; COMPENSATION; REMOVAL FROM OFFICE, ETC." OF DIVISION 2 "RESORT TAX COMMITTEE" OF ARTICLE II "RESORT TAX" OF CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE; Regular Council Meeting 09/17/2002 2 82 PROVIDING FOR AN AMENDMENT OF THAT PARAGRAPH OF THE VILLAGE CODE TO ENABLE ONE MEMBER OF THE RESORT TAX COMMITTEE TO BE A PERSON WHO DOES NOT EITHER WORK OR RESIDE IN BAL HARBOUR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. 7. ORDINANCE FIRST READINGS None 8. RESOLUTIONS: A resolution was read, by title, by the Village Clerk, adopting an assessment roll for the Security District. Mayor Berlin read the following from the Agenda: "Bal Harbour Code Section 18-118 requires the Village Council to meet as an Equalization Board to hear and consider all complaints, as to such assessment, and shall adjust and equalize the assessment, on a basis of justice and right. The Security District Assessment pays for all security -related expenses in the Security District, including the salaries of the guards, maintenance of gates, and the operation and maintenance of the guard house. The assessed amounts for fiscal year 2002/2003 were calculated with full Civic Association involvement, through President Doug Rudolph." Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed the public hearing. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve this resolution. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Thus becominz: RESOLUTION NO. 634 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Berlin advised that the Council is no longer serving as an Equalization Board and is now moving into regular resolutions. A resolution was read, by title, by the Village Clerk supporting the proposed sales tax increase. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleffave; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Thus becominz: RESOLUTION NO. 635 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, SUPPORTING THE PROPOSED SALES TAX INCREASE, OF WHICH MUNICIPALITIES WILL RECEIVE A 20% SHARE, EXCLUSIVELY DEDICATED TO THE TRANSPORTATION NEEDS OF MIAMI-DADE COUNTY AND THE Regular Council Meeting 09/17/2002 3 83 MUNICIPALITIES OF MIAMI-DADE COUNTY, FLORIDA. A resolution was read, by title, by the Village Clerk requesting a study regarding the necessity of completing capacity -related improvements to Collins Avenue/SRA1 A through Haulover. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve this resolution. The motion carried with the vote as follows: Mayor Berlin ave; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth ave. Thus becoming: RESOLUTION NO. 636 A RESOLUTION OF THE VILLAGE OF BAL HARBOUR, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT, DISTRICT 6) AND/OR THE MIAMI-DADE COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO) TO CONDUCT A STUDY TO DETERMINE THE NECESSITY OF COMPLETING CAPACITY -RELATED IMPROVEMENTS TO THE FOUR LANE SECTION OF COLLINS AVENUE/SR A1A EXTENDING FROM THE NORTHERN VILLAGE LIMITS ACROSS BAKER'S HAULOVER CUT AND CONTINUING THROUGH HAULOVER PARK; PROVIDING FOR TRANSMITTAL TO FDOT AND THE MPO; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A resolution was read, by title, by the Village Clerk, transferring $200,000 in funds from the Beach Restoration to the Tourism Fund Budget, for the Fiscal Year 2001/2002. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve this resolution. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth ave. Thus becoming: RESOLUTION NO.637 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, TRANSFERRING FUNDS TO THE TOURISM FUND BUDGET FOR THE FISCAL YEAR 2001/2002. Mr. Treppeda requested that a resolution be added to the agenda that was requested by the City of Miami Beach. He explained that every year the County seems to propose to reduce the maintenance budget to maintain the beaches in Miami -Dade County. Mr. Treppeda stated that in response, all the beach communities fight this and once the County hears from the communities, they usually leave the money there to continue to maintain the beaches. He advised that the City of Miami Beach sent the resolution to all beach communities. A resolution was read, by title, by the Village Clerk opposing the reduction in beach maintenance funding. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve this resolution. The motion carried with the vote as follows: Mayor Berlin aye: Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Thus becoming: Regular Council Meeting 09/17/2002 4 8 RESOLUTION NO.638 A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, OPPOSING THE REDUCTION IN FUNDING FOR BEACH MAINTENANCE IN THE PROPOSED MIAMI-DADE COUNTY FISCAL YEAR 2002/2003 BUDGET. Assistant Mayor Tantleff suggested that the Council call Sally Heymen, when she gets sworn in, and Jimmy Morales, to tell them this is something the Village won't tolerate. Mayor Berlin requested that the resolution be sent to the County, once it is signed, and to Commissioner Elect Heymen. He also requested that Mr. Treppeda contact Sally Heymen to tell her the Village's feelings about this, to see if she can help. 9. DISCUSSION OF THE PUBLIC USE OF FOUNDERS' CIRCLE: Mayor Berlin explained that this item is a letter received from Ms. Cellini, requesting the display of a Nativity Scene at Founders' Circle. Mayor Berlin reviewed that a year ago Ms. Cellini appeared before the Council regarding issues to the use of Founders' Circle. He explained that a letter was forwarded by the Village Attorney to Ms. Cellini in respect of Founders' Circle. He advised that in the letter, the Village Attorney describes Founders' Circle as a traditional public forum. Mayor Berlin stated that if Founders' Circle is a traditional public forum, as the Village Attorney has said in the letter, then the Village has not completed the process of defining the manner and use of that traditional public forum. He stated that in Ms. Cellini's letter, she specifically states that the Village has not established a formal application process for the use of this traditional public forum. Mayor Berlin reviewed that last Spring, the Village Attomey presented an ordinance that would have set up rules and guidelines with regard to the use of Founders' Circle. He advised that when the ordinance came up for first reading, Ms. Cellini made comments about it and, as a result of those comments, the matter was tabled. He explained that part of that ordinance's intention was to set up rules goveming the use of that piece of property and/or Founders' Circle specifically. Mayor Berlin stated that this issue has not yet been completely resolved. He advised that he has outlined a "decision tree" that he is going to recommend to the Council. The Village should decide which one to follow, in order to bring resolution to this matter, and provide a response to Ms. Cellini. Mayor Berlin recommended that a determination be made whether or not Founders' Circle is in fact a traditional public forum. He stated that, last Spring, the Village Attorney wrote a letter to Ms. Cellini advising that, in their opinion, it was a traditional public forum. Mayor Berlin advised that he recently called the Village Attorney to ask how they came to that conclusion (if there was ever an ordinance or general referendum deeming that area of the Village a traditional public forum). If the conclusion was reached as a result of some prior action of the Village Council, or if it was reached as a result of what that area has been used for over the year (protestors, etc.). Mayor Berlin questioned the Village Attorney whether or not it is a traditional public forum, by either legally becoming that by the manner in which it has been used in the past, because the Village has voted it to be, or the general population has voted it to be. He advised that if it is determined that the Circle is a traditional public forum, as a result of some of the prior actions, then the Council needs to determine if it wishes it to remain a traditional public forum. Mayor Berlin stated that is something that this Council has not made a decision on. He reported that the Village Attorney has given a preliminary opinion and they have been asked to go back and examine this. Mayor Berlin stated that, regardless of whether the Village Attorney determines that it is or isn't, the Council needs to make a determination if it wants it to be a Regular Council Meeting 09/17/2002 5 85 traditional public forum. He advised that, if the Council decides that it wants it to be a traditional public forum (accommodating all forms of personal expression regardless of whether the Council likes them or not), then the Council needs to establish policies and procedures for the use of the Circle, so that people will know what the rules are. He advised that once permitted uses and the manner of use are established, then the Council will be in a position to respond to this request. Mayor Berlin advised that, not withstanding the prior letter of the Village Attorney, if Founders' Circle was never voted upon, either by act of this Council or the general population, as a traditional public forum, and if, as the result of the activities that have taken place there and legally not become a public forum, then the Council needs to determine what, if anything, it needs to do to correct that misinformation. Because, the Village Attorney thought it was a public forum. Mayor Berlin stated that if the Council decides that it doesn't want Founders' Circle to be a public forum and wants it to simply be Village property, then it needs to turn its attention to the traditional holiday display. He explained that for years the Village has had a Christmas tree and a Menorah, side by side. Mayor Berlin reported that they are placed there every year by the Village. He stated that the Council can decide to keep it the way it is or modify it, by either adding or subtracting (for example including a Nativity Scene). Mayor Berlin requested that the Village Manager do a survey of what other municipalities in South Florida do, with regard to the traditional holiday display. He stated the concept on the traditional holiday display is to capture the spirit of the holiday season. Mayor Berlin advised that if adding a Nativity Scene would be an appropriate modification to capture that, if the survey shows that most of the other municipalities in South Florida in their traditional holiday display have a Nativity Scene, the Village Manager recommends doing it, and it's appropriate, in terms of it being Constitutional under the Establishment Clause, then the Council can take up the question of adding a Nativity Scene, in which case the Village wouldn't burden Ms. Cellini with the cost of that; the Village would underwrite the cost. If Ms. Cellini wants to donate it, that would be fine, but the Village wouldn't ask her to. The Village would take care of the Nativity Scene along with the rest of the traditional holiday display. Mayor Berlin advised that the Council may also decide that the traditional holiday display that the Village has now is adequate and to keep it that way. He thinks that this issue should be brought to closure either way. It was the consensus of the Council for the Village Attorney and Village Manager look into this and come back to the Council with recommendations. Mr. Weiss stated that a prior letter was issued, based upon information that they had at the time, so he would like the Council's permission to look into the history, to figure out what has happened at Founders' Circle, beyond the information that they held, which dealt with a couple of instances. In addition, if in fact today, because of what has happened, it is a traditional public forum, then he needs to be in a position to advise the Council, if it decides that it's not going to be anymore, of what the Village has to do to not make it a traditional public forum anymore. Mayor Berlin stated that if it's able to be done. He explained that the Council needs to be advised of all these things, so that it can make a determination. Mr. Weiss stated that legal research was done, as to what constitutes a public forum, but there was only limited work done, in terms of the facts of what has happened in the Village. Mr. Weiss advised that they will do a full analysis on this, so that the Council can make an informed decision. Regular Council Meeting 09/17/2002 6 86 Dina Ceilini, resident-211 Bal Cross Drive, advised that the holidays are coming up in December and questioned what the use will be of Founders' Circle this coming holiday season. Mayor Berlin advised that the Council hasn't made a determination of that. He explained that right now the Village is going forward with its traditional holiday display, unless the Council decides otherwise. Ms. Ceilini questioned that, as it stands today, if she is not permitted to put up a Nativity Scene. Mayor Berlin advised that he has responded to that question. 10. ANNUAL CONTRIBUTION TO GREATER MIAMI CONVENTION & VISITORS BUREAU (GMCVB): Mr. Treppeda explained that the Village makes an annual contribution to the GMCVB to assist with their promotion of Greater Miami and the Beaches, around the world. He advised that the Resort Tax Committee has been very pleased with the work that the GMCVB has done in promoting Bal Harbour and the Village's Director of Tourism Marketing, Jose Lima, highly recommends this contribution. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the $200,000 contribution to the GMCVB. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. 11. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: None. B. VILLAGE ATTORNEY: Annual Cost of Living Increase: Mr. Weiss explained that they work at will for the Village and don't charge the Village to attend Council meetings orforthe time spent on the phone, with Council members or staff. He stated that prior to last year, they hadn't had a rate increase for several years. Mr. Weiss explained that last year, he requested a cost of living increase, which the Village approved, and the attorneys now get $180 per hour. He stated that, in some of the jurisdictions that they work for, they get a cost of living increase each year and it doesn't come before the Council each year. Mr. Weiss explained two proposals: one to get a cost of living increase this year and the second one would be to amend the contract so that it just comes up every year. Mayor Berlin thinks that it should be reviewed annually, because if it's put in automatically, it will be forgotten about and the cost of living could be higher during some years. He prefers that it be monitored on an annual basis. Mrs. Horton advised that the cost of living is 1.8% this year. Mr. Treppeda advised that the employees received 2% this year, because that is the lowest cost of living amount increase that the police contract has. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve a 2% cost of living increase for the Village Attorneys. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. C. VILLAGE MANAGER: Regular Council Meeting 09/17/2002 7 87 Approval of Interlocal Agreement & Participation Agreement with Preferred Governmental Insurance Trust (PGIT): Mr. Treppeda explained that starting October 1, 2002, the Village's Liability Insurance will move from Coregis to PGIT. He advised that the Village currently has its Workers' Compensation Insurance with PGIT, but since it is now adding the Liability Insurance, the Interlocal Agreement needs to be amended. Mr. Treppeda reported that the Village Attorney has reviewed it and there are some clerical changes, which will be made before the Agreement is executed. Mr. Weiss explained that, on this Agreement and the next Agreement, there were some things that needed to be clarified, but they don't affect the substance of the Agreement. Mayor Berlin questioned if this is competitive. Mr. Treppeda responded yes. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to authorize the Village Manager to enter into the Amended Interlocal Agreement & Participation Agreement with Preferred Governmental Insurance Trust (PGIT). The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mavor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth ave. Agreement for Emergency Interconnection for Water Service: Mr. Treppeda explained that this Agreement is with Miami -Dade County for something that the Village wanted to do, following a long water interruption that the Village had. He advised that this is for the pipe that was placed undemeath the Village's Park, before it was built. Mr. Treppeda explained that the pipe now needs to be hooked up to everything and the County requires this Interlocal Agreement. He advised that the Village Attorney has reviewed it and there are some minor changes (nothing affecting the substance of it) that will be made, prior to execution. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to authorize the Village Manager to enter into the Agreement for Emergency Interconnection for Water Service with Miami -Dade County. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mavor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Approval of Interior Design Agreement: Mr. Treppeda explained that Councilman Gorson will not be able to carry out the design for the Village Hall Renovation Project (Administrative Offices), because she is still ill. He advised that Councilman Gorson's daughter, who is also in the field, has provided input on pricing. Mr. Treppeda reported that William Bernard Design Group, Inc. has offered doing the work for a flat fee of $15,000. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to authorize the Village Manager to enter into an Interior Design Services Agreement with William Bernard Design Group, Inc. for a flat fee of $15,000. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Mr. Treppeda advised that the way the Council approved the other fees in general last time was that Councilman Gorson had to be there at all times. He requested approval to proceed with the job without Councilman Gorson being here. Mr. Treppeda advised that there were three items that Councilman Gorson had approved to add on to the contract which were: the diffusers, linear air conditioning, and drywall ceilings, which will be on a Regular Council Meeting 09/17/2002 8 88 change order. Councilman Jacobi will work with the Village Manager on this project. A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to authorize the Village Manager to spend up to $50,000 in budgeted funds for additional construction costs for a drywall ceiling, recessed lighting, and linear diffusers for the air conditioning system. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Health Insurance for Council Members: Mr. Treppeda explained that currently all Council members receive full health insurance policies, but it would be better if the Village provided a Medicare Supplement, which would cost the Village a little less, because Medicare would be the primary insurance. He advised that Councilman Gorson and Councilman Roth would be eligible for this. Mr. Treppeda explained that in order for them to make Medicare the primary insurance, the Village has to only offer them a Medicare Supplement, so he is requesting that be the Village's new policy. A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Tantleff to establish a policy providing for the Village to provide a Medicare Supplement policy to any Council member who is, or becomes, eligible for Medicare, while serving on the Council. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Discussion of Rubber Surface at Bal Harbour Park: Mr. Treppeda explained that there has been a problem with the rubber surface tuming white on all the colors that the Village has been using. He advised that, per the letter in the agenda, the company (Surface America) has sent it to two different labs and cannot find out what the problem is. Mr. Treppeda explained that they will not warranty it if the Village continues using the same colors, but they have found that blue is a color that does not turn white. He advised that the company has recommended using blue and he thinks that blue would be a nice color to use on the rubber surface. Mr. Treppeda recommended that the Council approve using the blue color on the entire rubber surface, which the company will give a 100% warranty against tuming white. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve blue as the color for the rubber surface in the wet and dry areas of Bal Harbour Park. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Approval of License Agreement with American Society of Composers, Authors, and Publishers (ASCAP): Mr, Treppeda explained that the American Society of Composers, Authors, and Publishers have a license that would allow the Village to play music on hold, which the Village does on the phone and on the cable station 20 (Information Channel). He stated that the alternative would be possibly getting sued $750 minimum damages, per work infringed, plus attorneys fees and costs. He advised that the license fee is $250 for the first year. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to authorize the Village Manager to enter into a license agreement with ASCAP with a fee of $250.00 for the first year. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Regular Council Meeting 09/17/2002 9 89 Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Award of Bid for Resurfacing and Striping of North Parking Lot Under the Haulover Bridge: Mr. Treppeda explained that the following three bids were received for the resurfacing and striping of the North Parking Lot: 1. Arrow Asphalt & Engineering, Inc. $15,442.10 2. Ameristar Group, Inc. $17,816.00 3. Asphalt Paving $18,308.63 Mr. Treppeda recommended awarding the bid to Arrow Asphalt & Engineering in the amount of $15,442.10. He advised that the funds are available in the budget. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to award the bid for resurfacing and restripinp of the north portion of the Municipal Parking Lot to Arrow Asphalt & EnRineerinR, Lzc. in the amount of $15,442.10. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee at their meeting on September 12, 2002: 1. Appoint A. Anthony Noboa and Boris Milgram to the Committee 2. Photo Usage Fees to Lee Gordon for Internet $15,000.00 ($6,000 Resort Tax Fund and $9,000 General Fund) 3. Advertising Specialties/Gift Items $ 3,700.00 TOTAL: $18,700.00 Mr. Treppeda explained that the Council just passed an ordinance to allow Mr. Noboa to continue serving on the Committee and Piero Filpi is resigning, so the Resort Tax Committee has recommended Boris Milgram (Manager of Neiman Marcus) to be his replacement. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve $18,700.00 for the above listed Resort Tax Committee Items. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. 12. OTHER BUSINESS: Raheb, resident-128 Balfour Drive, discussed the assessment for the Security District. He thinks that the way that the assessment is levied for the properties is unfair. Mr. Raheb explained that the philosophy has been that everybody has equal access; therefore, everybody should pay the same, regardless of the size of the property, etc. Mayor Berlin reviewed Item E, which was just passed. He explained that the Council sits as an Equalization Board and administers financial aspects of the Security District. Mayor Berlin stated that every year after the Security District meets with the Village Manager, to work through a budget, then the Council has to pass it and allocate it. He advised that the Council has been allocating, pursuant to an ordinance. Mr. Weiss advised that this Security Regular Council Meeting 09/17/2002 10 90 District was set up in 1992. Mr. Raheb stated that since everyone is given equal access on the ordinance, people who live in apartments, even though they have equal access, pay roughly about 1/5 of the amount the homeowners do, irregardless of the size of the homes. He thinks that if it is being said that everyone is going to have equal access, then the amounts should be distributed equal between everyone, including residents who live in the apartments and the houses. Mr. Raheb questioned if it can be put to the voters of the Village, whether or not it should be the way that properties are taxed. Either according to the tax roll, assessment based on the property value, or assessed property value. He questioned if the wording in the ordinance can be challenged, or given to the people to vote on. Mayor Berlin thinks that both of Mr. Raheb's suggestions might be fair, as well as the system that is currently used. His concern is that Mr. Raheb is coming to the Council as an individual resident and questioned why the Council wouldn't look to the Civic Association, which is the governing body of that District, to make a recommendation. Mayor Berlin advised that if the Civic Association came to the Council with a recommendation, then the Council would consider it. Mr. Raheb is concerned that even if the original ordinance is followed, which states that everyone should be assessed equally, and the ratio is a 2 to 1 ratio of houses to apartments, but the houses are paying 5 to 1 portions of the assessment. He advised that the apartments pay roughly $200 and the homeowners pay $1,000, yet they have equal access. Mayor Berlin understands that it's a legitimate issue. He suggested that the Civic Association take this up, since the assessment has already been passed for this year, but it should be taken up and a recommendation can be made next year. Mr. Raheb advised that his main question was whether or not the ordinance can be challenged or re -written. Mayor Berlin advised that an ordinance can always be amended. Mr. Weiss advised that when a special taxing district is set up, under Florida law, there are a number of different assessment methods that are legal and appropriate. He stated that one is an ad valorem method, which is what Mr. Raheb is suggesting. There is a linear foot footage method, which is street frontage, and there are other methods that are approved that the courts in Florida find appropriate. Mr. Weiss explained that basically it's suppose to be that the assessment that the people that are benefited from the district, generally are the ones who are paying for the district. He believes that the method that the Village is using is acceptable. Mr. Weiss advised that in 1992, when this was passed, this was done by the Village Council, upon recommendation of the Civic Association and with their concurrence. Because to the Village, the assessment method doesn't really matter, as long as it's fair. Mr. Weiss thinks that going forward, if the Civic Association would come up with an assessment method that it feels is better or that it prefers, then in doing this assessment for future years, there is nothing wrong with the Council making a change. He advised there are some legal things that the Village would need to go through, because it would need to re-create the district with a different assessment method, but it's not really a problem to do, if the Council and Civic Association can agree upon a different assessment method. Doug Rudolph, President of the Security District Civic Association and resident — 212 Ba/ Bay Drive, advised that this will be coming before the Council at some point. He advised that it has been discussed at the last two Civic Association meetings. Mr. Rudolph advised that he explained to Mr. Raheb that the Civic Association could not address this in enough time to do anything before it was passed, because Mr. Treppeda has made the recommendation, in conjunction with the Civic Association, toward the budget. He advised that the Civic Association would like to address it this year. Mr. Rudolph advised that when Regular Council Meeting 09/17/2002 11 91 it's appropriate, they will be working on it at the Civic Association level, if there is a fair way that they can come up with, that is more significant of the way they believe the front gate operates. Mr. Weiss explained that the reason that the assessment was done this way is because it was not really related to the gate itself, it was related to the protection that was received and the amount of energy it took to provide the protection. He advised that, at that time, it was felt that an apartment building was basically a building and required the same amount of police patrol going by, as a single family home. He explained that it was even discussed, at that time, as assessing an apartment building as a single family home, regardless of the amount of units. Mr. Weiss advised that it was a compromise of what everyone thought was fair, but it didn't have anything to do specifically with the gate, it had to do with the overall services (protection) that was being provided. Officer of the Month Detective Paul Deitado: Chief Larry Freeman announced that Detective Paul Deitado was selected as Officer of the Month for July 2002. He explained that for the past 4 years, Detective Deitado has been detached from the Police Department working for the U.S. Drug Enforcement Administration and has participated in a multitude of investigations targeted at drug trafficking and money laundering throughout the Country. Chief Freeman explained that Bal Harbour has benefited by his actions through Detective Deitado's contribution to law enforcement and the seizure of the criminal's money, which Bal Harbour gets a part of (to date - $400,000). He advised that the money is used to purchase additional equipment to better serve the community, without the additional cost burden to taxpayers. Chief Freeman advised that Detective Deitado was recently recognized by the U.S. Attorneys Office as Outstanding Law Enforcement Officer of the Year. Chief Freeman presented Detective Deitado with a plaque. Mayor Berlin presented Detective Deitado with a check on behalf of the Village. Councilman Jacobi discussed the issue of prohibiting bicycles on the beach and sidewalks. He suggested allowing bicycles on the service road, behind the buildings on the oceanfront. Assistant Mayor Tantleff stated that he is opposed to that because it can get dangerous having so many bicycles interacting with other cyclists and pedestrians. Mr. Weiss will contact Council Jacobi to discuss an issue involving the sidewalks and the bicycles. 13. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adjourn. The motion carried unanimously (4-0), with Councilman Gorson absent, and the meeting adjourned at 6:27 p.m. Attest: Mayor Howard J. Berlin Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 09/17/2002 12