HomeMy Public PortalAbout2002-11-19 Regular MeetingK111
COUNCIL MINUTES
REGULAR MEETING — NOVEMBER 19. 2002
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, November
19, 2002, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to
order at 9:00 a.m. by Mayor Berlin. Those present were:
Mayor Howard J. Berlin
Assistant Mayor Daniel S. Tantleff
Councilman Joel S. Jacobi
Councilman Seymour "Sy" Roth
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Horvath, Deputy Village Clerk
Larry Freeman, Chief of Police
Richard J. Weiss, Village Attorney
Absent: Councilman Peg E. Gorson
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Police
Chief Larry Freeman.
3. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and
seconded by Councilman Jacobi to approve the minutes of the October 15, 2002 Regular Council
Meeting. The motion carried unanimously (4 -0), with Councilman Gorson absent, and the
minutes were approved as submitted.
4. PRESENTATIONS*
General Employee of the Month for September — Tina Foy: Mrs. Horton
announced that Tina Foy was selected as "Employee of the Month" for September 2002, in
recognition of her assistance with the budget and for going above and beyond her normal
duties. Mrs. Horton noted that Mrs. Foy also recently became a citizen of the United States.
Mrs. Foy was presented with a plaque by Mrs. Horton. Mrs. Foy was presented with a check
by Mayor Berlin, on behalf of the Village.
S* PUBLIC HEARINGS* None
6. ORDINANCE FIRST READING* None.
7. ORDINANCE SECOND READIN4/PUBLIC NEARING*
Mayor Berlin opened the public hearing. There being no comments, Mayor Berlin closed
the public hearing.
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107
A motion was offered by Assistant Mayor Tandeffand seconded by Councilman Roth to approve
this ordinance. The motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor
Tandeff aye; Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye. Thus
becoming:
ORDINANCE NO. 481
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING PARAGRAPH (g) "DANGEROUS DOGS" OF
SECTION 5 -7 "CONTROL OF DOGS" OF CHAPTER 5 "ANIMALS ", TO
PROHIBIT THE OWNING, POSSESSING, KEEPING OR HARBORING OF DOGS
WHICH ARE OR HAVE BEEN DETERMINED TO BE DANGEROUS DOGS;
PROVIDING FOR PENALTY AND ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
EFFECTIVE DATE.
8. RESOLUTIOM None.
Update of 96"' Street Landscaping Proiect — Taft Bradshaw: It was
the consensus of the Council to discuss this item out of order.
Taft Bradshaw, Landscape Architect, reviewed the status of the median landscaping
project. He advised that new criteria of the DOT (Department of Transportation) requires a
lot more spacing in between the trees and a special irrigation system, which they have
prepare and submitted the plans for. Mr. Bradshaw explained that the design of the
placement of the trees that the Village currently has, on Collins Avenue, is in a series of
clusters. He advised that DOT wanted the trees more in a line, with a specified amount of
feet in between them. Mr. Bradshaw reported that since the Village would like them
clustered instead, they had to ask for a variance from the DOT. He advised that the plans
have been prepared and submitted for the variance, and they are waiting for DOT's
comments. Mr. Bradshaw estimated that they should have the comments back within two
weeks. He advised that the plans also included the same lighting details that were
previously discussed. Mr. Bradshaw explained that he thought it was necessary to ask for a
variance to be in conformance with the Village's total community design.
Mr. Treppeda reported that the permit from the Town of Surfside is being handled by the
Village Engineer. He explained that information is being exchanged regarding the electrical
connections that are needed for the lighting. Mr. Treppeda clarified that this project is for
the 96th Street center median only.
Mr. Bradshaw estimated that the total project will take 6 -7 weeks, once the permits are
received.
9. DISCUSSION OF ORDINANCE PROHIBITION ON PRIVATE
PERSONS PLACING OBJECTS IN PUBLIC PLACES: Mr. Weiss explained that at
the last meeting, the Council directed that this ordinance, which was previously drafted, be
placed on the agenda for review. He advised that it will not be in place for this holiday
season and suggested that the Council review it and place it on the January meeting
agenda, for discussion.
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11 li
Mayor Berlin requested that everyone who is interested in this ordinance get a copy of it
and provide Mr. Weiss with comments. Mr. Weiss advised that Mr. Marshal, ACLU
(American Civil Liberties Union), is at the meeting, who he has spoken with. He advised
that the Village would appreciate any comments from Mr. Marshal regarding the ordinance.
It was the consensus of the Council that the ordinance be placed on the January agenda for
discussion only, in case there are any significant changes. Mrs. Horton will forward any
comments regarding the ordinance to Mr. Weiss. Mr. Weiss will collect the comments and
include the written comments in the January Council agenda.
Mr. Weiss explained that this ordinance puts some rules and regulations in place, with
respect to private persons placing their own objects in Founder's Circle (how long they can
be there, safety, etc.).
10. DISCUSSION OF ORDINANCE CREATING FEE FOR
CONSTRUCTION ACTIVITIES IN SECURITY DISTRICT - DOUGLAS
RUDOLPN. PRESIDENT OF BAL HARBOUR CIVIC ASSOCIATION: Mr.
Rudolph explained that the Association has a situation at the front gate and they would like
an ordinance to be on the agenda for First Reading at the next Council meeting.
Mr. Rudolph explained that the traffic at the front gate has increased, mostly from the
construction inside the Security District. He advised that they would like to augment the
services and equipment at the front gate. Mr. Rudolph explained that the Civic Association
Board voted unanimously, at the September meeting, to put in a construction security
impact fee, which they are recommending to the Council. He advised that they would like to
recommend a'h% fee, which would be assessed at the same time that a building permit is
issued. Mr. Rudolph clarified that the new fee would be for all new and remodeling
construction, with a cost of $50,000 and above. He explained that construction would bear
the costs for a second security guard, additional phones, etc. during construction working
hours. Mr. Rudolph estimated that between 60% to 80% of the traffic at the gate is caused
by construction.
Assistant Mayor Tantleff questioned why the Village has to pass an ordinance and why the
Civic Association doesn't just charge the people. Mr. Rudolph explained that the Civic
Association doesn't have the ability as a board to make assessments, taxes, or charge its
residents; the Village has to do that. Mr. Treppeda agreed. Councilman Roth stated that
the Civic Association recommends what it needs to the Council.
Mayor Berlin questioned what the procedure would be. Mr. Weiss isn't sure, but thinks that
the Village would probably have to re -do the resolution, creating the Security District to
provide additional fees. Mayor Berlin suggested that Mr. Weiss figure out procedurally what
would have to be done before moving forward and enacting something that may not legally
be sufficient.
Mayor Berlin questioned if the Association did any analysis to determine if the 1/2%, based
on the construction that's ongoing, would be sufficient. Mr. Rudolph explained that they did
and they have estimated that it would generate $20,000 per year. He advised that an
additional guard would cost $12,000- $14,000 per year. Mr. Rudolph stated that if they find
that the fee is not enough, or too much, they can come back to the Council for a
modification. He advised that the money would be collected by the Village, to be used and
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109
delineated for the items discussed. Mr. Rudolph stated that if the money isn't used, then it
would be rolled over for the following year.
Mr. Weiss will work on this.
Babak Raheb, resident — 128 Balfour Drive, stated that Mr. Rudolph has advised that
this was unanimously passed by the Board. He explained that the by -laws of the
Association specifically state that any increase or decrease of an assessment on a
property must be voted on by all voting members, not just the Board. Mr. Raheb advised
that some of the members of the Board are not qualified to be on the Board, because
they're not property owners, etc. He thinks that it's premature to ask for any impact fee,
when the Association has not decided who the new Security Company is going to be. He
stated that if the new company offers a savings of $20,000, then that money could be used
for the extra items. Mr. Raheb stated that the Association can't expect there to be new
construction continuously, so the effort is premature.
11. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL:
Assistant Mayor Tantleff reported that at the last election, people voted to increase the
sales tax by 1/z cent. He explained that he worked and structured the deal for 20% of that 1/2
cent to go back to the municipalities. Assistant Mayor Tantleff reported that Bal Harbour will
get approximately $96,000 per year, which can be used to buy a new bus and anything that
enhances transportation.
Mayor Berlin advised that Ileana Ros- Lehtinen's name was not on his election ballot and
there was no Congressional area. Assistant Mayor Tantleff advised that she was on his
ballot. Mrs. Horton will check with the Miami -Dade County Election Department.
Councilman Roth reported that Councilman Gorson is doing well and hopes to attend the
December Council meeting.
B. VILLAGE ATTORNEY:
C. VILLAGE MANAGER:
Request for Approval of Funding for Police Management
Position: Mr. Treppeda explained that the Police Department previously had a position,
from 1997 -2000, which supervised the field personnel. He advised that he and Chief
Freeman would like to re- create that position again. Mr. Treppeda reported that a feasibility
study was done by Richard Barreto and James Milford, Barreto & Associates, who are at
the meeting to answer any questions. He advised that the study recommends that the
Village adopt the model that has been discussed. Mr. Treppeda reported that funding for
the position can be used from a vacant police officer slot ($40,000), money saved on a
vehicle line item due to leasing instead of buying ($30,000), and funds from the General
Fund Contingency. Mr. Treppeda and Chief Freeman highly recommended this.
A motion was offered by Assistant Mayor Tandeffand seconded by Councilman Roth to authorize
the Village Manager to create a senior level police field management position, with funding from
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110
existine line items and from the General Fund Contingency. The motion carried with the vote as
follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson absent;
Councilman Jacobi aye; Councilman Roth aye.
Update of 96t` Street Landscaping Proiect — Taft Bradshaw:
This item was discussed earlier in the meeting.
Request for Approval to Purchase Character Generator: Mr.
Treppeda explained that Village Hall broadcasts Village information and news on cable
channel 20, using a free character generator that was given by the cable company. He
advised that there are other ideas that the Village can use to make the channel more
exciting and appealing to the residents. Mr. Treppeda explained that at the International
City Managers' Conference, he was introduced to MuniVision, by the City Manager of North
Miami. He advised that it is a turnkey system and has extensive training and support. The
following municipalities in Florida have purchased the system: Town of Highland Beach,
City of North Miami, City of North Miami Beach Police Department, Pembroke Pines Fire
Department, City of Boynton Beach, City of Aventura. Mr. Treppeda advised that the cost is
$6,950.00, which includes the computer that it operates on. He recommended purchasing
this out of General Fund Contingency. Mr. Treppeda thinks that the Village residents would
be very happy and would pay more attention to the Village's announcements.
A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve
the purchase ofthe MuniVision system for $6,950.00 from contincency funds. The motion carried
with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye; Councilman Gorson
absent, Councilman Jacobi aye; Councilman Roth aye.
Request for Approval of Additional Funds for Administration
Offices Renovations: Mr. Treppeda distributed a breakdown of the Additional Funds for
Administration Office Renovations.
Mr. Treppeda explained that the Council has already approved $257,000 and the project
total cost is $270,134.59, which is a difference of $13,134.59. He advised that the
additional $8,400 is for add -ons and $4,734.59 is for interior design items that exceeded
the original estimate. Mr. Treppeda advised that the total funding available for on -going
renovations is $480,000, which has been reserved over the years. He reported that
government prices are used, whenever they are available.
Councilman Jacobi reported that the Contractor went to Home Depot for some items and
recommends approving this.
A motion was offered by Councilman Roth and seconded by Councilman Jacobi to approve
$13,134.59 of additional funds for the Administration Offices Renovations. The motion carried
with the vote as follows: Mayor Berlin aye, Assistant Mayor Tantleff aye; Councilman Gorson
absent, Councilman Jacobi aye; Councilman Roth aye.
Request for Approval of Funds for Employee Holiday Lunch:
Mr. Treppeda explained that this annual event is December 24Tn. He advised that $4,000 is
budgeted and he is requesting to spend up to $4,000. Mr. Treppeda advised that the
amount covers a tent and a catering company to do the food.
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111
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff authorizing
the expenditure of up to $4,000 in budgeted funds for the annual Employee Holiday Lunch. The
motion carried with the vote as follows: Mayor Berlin aye; Assistant Mayor Tantleff aye;
Councilman Gorson absent; Councilman Jacobi aye; Councilman Roth aye.
Request for Approval of Expenditure of Forfeiture Funds: Mr.
Treppeda explained that Chief Freeman is requesting to expend forfeiture funds for the
following items:
1. Police Radio/Telephone Recording Machine $10,500.00
2. County Court Standby Program $ 11150.00
TOTAL $11;650.00
Mr. Treppeda advised that the current recording machine doesn't meet the standards for
the Department to maintain its Accreditation with the State. In addition, it has a broken part
that will be more expensive to fix then it's worth. Mr. Treppeda advised that Chief Freeman
shopped around and found a very good system. He explained that the Standby Program is
an ongoing program, with the main goal of reducing court overtime.
A motion was offered by Assistant Mayor Tantleffand seconded by Councilman Roth to approve
the expenditure of$11,650.00 of Forfeiture Funds for the above listed 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.
Discussion of Negotiations of Employment Contracts for
Village Manager and Village Clerk/Finance Director: Mr. Treppeda advised that his
contract and Mrs. Horton's contract are up for renewal in October 2003. He requested
direction from the Council as to a process, if they are interested in negotiating future
employment with them both. Mr. Treppeda advised that they were both 5 year contracts
and Councilman Boggess was previously appointed to negotiate the contacts and report
back to the Council.
It was the consensus of the Council for Councilman Roth to start dialogue with Mr. Treppeda and
Mrs. Horton regarding their employment contracts.
Recommendations of Resort Tax Committee: Mr. Treppeda
reviewed the following recommendations made by the Resort Tax Committee, at their
meeting on November 14, 2002:
1. Sales Mission to Minneapolis & Detroit (Jan. or Feb.) up to
$
2,000.00
2. Corporate Meeting Planners Reception Gift Items
$
1,100.00
3. Italian Media Fam — For Wine and Food
$
800.00
4. Travel Expenses for Ad Agency/PR Planning Session
$
600.00
5. Appointment of Quinn & Company as Public Relations Consultant
$
5,000.00 monthly
6. Photography for Web Site and Advertising Usage
$
8,000.00
7. LeRep Service Suspended
No Funding
TOTAL:
$12,500.00
Plus: $5,000 per month for new PR Company (Quinn & Co.)
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112
A motion was offered by Assistant Mayor Tandeffand seconded by Councilman Roth to approve
$12,500.00 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.
Mayor Berlin explained that the Director of Tourism Marketing, Jose Lima, requested
proposals for PR firms, which were narrowed down to five companies, who presented to
the Resort Tax Committee. He advised that Quinn & Company couldn't make it to the
Resort Tax Committee meeting, so a Sub - Committee reviewed their presentation. Mayor
Berlin stated that their brochures alone were exceptional and they had great ideas and
good concepts. He explained that the concept of having a PR Firm in New York is because
that's the center of the media market and it's where all the contacts are. Mayor Berlin
advised that Mr. Lima and the Sub - Committee highly recommended Quinn & Co.
Councilman Roth discussed the increase in the resort tax revenue for October. Mayor
Berlin stated that this fiscal year is looking better. He advised that since the Committee
couldn't predict what kind of year it would be, it adjusted the budget down to be consistent
with last year's revenue. He reported that any excess revenue will be applied to different
projects. Councilman Roth stated that the $400,000 that was used from the beach fund for
the resort tax fund can be replenished with excess revenue. Mayor Berlin explained that
they didn't end up taking that. He advised that they used $200,000 to cover a shortfall, but
when they finish the audit, a substantial amount of that will go back into the surplus. Mayor
Berlin stated that the net out of pocket may be less than $50,000, which for a year like last
year is incredible.
12. OTHER BUSINESS*
Sara Sheridan, 160 Bal Cross Drive, discussed balharbour.com, which is not currently
owned or run by the Village. She advised that it has outdated information. Mrs. Sheridan
wanted the Council to be aware of it because it's not current and other people may go
there to find information on Bal Harbour. She suggested contacting the people managing it,
so they can at least keep it current.
Mayor Berlin advised that the Council needs to appoint an alternate member for the Resort
Tax Committee, to serve when he is unable to. A motion was offered by Councilman Roth and
seconded by Assistant Mayor Tantleff to appoint Councilman Jacobi as Mayor Berlin's alternate
on the Resort Tax Committee. The motion carried with the vote as follows: Mayor Berlin aye;
Assistant Mayor Tandeffaye: Councilman Gorson absent; Councilman Jacobi aye; Councilman
Roth aye.
Mayor Berlin explained that, at a recent meeting, Mr. Raheb discussed an issue dealing
with Mayor Berlin's participation in a vote that took place in September, on the Security
Assessment. He advised that Mr. Raheb felt that it was inappropriate for him (Mayor Berlin)
to have voted in that and should have recused himself and had a conflict of interest. Mayor
Berlin reported that he didn't agree with Mr. Raheb, but he asked Mr. Weiss to look into the
matter. He advised that Mr. Weiss will report his opinion on that.
Mr. Weiss explained that he will be following the comments today with a written opinion. He
stated that it's very unusual for the Village Attorney to review, after the fact, the actions of a
client. Mr. Weiss stated that he has always encouraged Council members to contact him, if
Regular Council Meeting 11/19/2002
113
they have a question regarding a vote coming up, so that it can be discussed ahead of
time. He advised that his office is not the police officer for the Village and they are not in
charge of policing ethics. Mr. Weiss reported that they are the Village's attorneys, as
opposed to being an outside auditor of the Council's actions. He reported that this is the
first time that any Council person has asked the Village Attorneys to issue something after -
the -fact and to judge their actions. Mr. Weiss stated that it's very uncomfortable for the
Village Attorneys to do this.
Mr. Weiss explained that Florida law is very unusual regarding abstentions from voting, in
that a member must vote on any matter, unless they have a conflict of interest, as defined
under Florida law. He stated that if Mayor Berlin had come to the Village Attorneys ahead
of time and asked them whether he was able to abstain on this matter, they would have
told him no. Mr. Weiss advised that the Village Attorneys don't think that Mayor Berlin had
any legal ability to abstain on this matter.
Mr. Weiss explained that the Village Attorneys reviewed the relationship with Mayor Berlin
and Kent Security and determined that there was no conflict of interest at all, with respect
to the Mayor's actions. He advised that no client of the Mayor violated the sections of the
statutes that deal with doing business with the Village and there was no problem with the
Mayor voting on the Equalization Board because of his relationship with Kent Security. Mr.
Weiss explained that was based upon the following four critical facts:
1. The vote that was complained about was not a vote on a contract with Kent
Security, even assuming that Kent Security was a client of the Mayor's law firm.
The vote to approve the Village Manager's assessments for the Security District
was not voting on a contract with Kent Security. Kent Security does not have a
contractual relationship with the Village.
2. At the time the Mayor voted, Kent Security was not a client of the Mayor's law
firm.
3. Even if Kent Security was a client of the Mayor's law firm, the law allows for pre-
existing relationships to remain and for a conflict not to be created. The ruling is
there is no problem, because the relationship existed prior to the time that the
person was elected, so there was no opportunity for using undue influence.
4. Even if Kent Security had a contract with the Village, and were a client of the
Mayor's law firm, in order for a voting conflict to be created, Kent Security would
have to be the beneficiary of the vote. In this case, the beneficiary of the vote on
the Special Assessment is the Village. Kent Security was not a direct beneficiary
of the vote.
Mr. Weiss explained that the Civic Association is going through a process to determine if
Kent Security is even going to continue to be the security company for the Civic
Association.
Mr. Weiss stated that the vote that is being complained about was done as an Equalization
Board. He explained that the assessment methodology set in the original resolution is that
the assessment is recommended by the Village Manager and the purpose of the vote is to
hear complaints about how the methodology affects various property owners. Mr. Weiss
advised that at the hearing, there were no complaints. He advised that the Village
Attorneys believe that the approval of that was almost perfunctory and was almost an
administerial act, on behalf of the Council, just approving the way that the Manager had
equalized the assessments. Mr. Weiss stated that the Village Attorneys did a lot of work on
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114
this, spoke to a lot of people and looked at a lot of law. He requested that the Council not
ask the Village Attorneys to do this again, because he doesn't like doing it. Mr. Weiss
stated that he has been with the Village for 20 years and he cannot afford to go around
giving political opinions. He requested that the Council not ask him to do this again,
because he doesn't want to be in the position of judging his clients, after they have taken
the act.
Mr. Raheb stated that the question he asked was not just on the last vote. He explained
that his question was not only on the conflict of interest that existed, but the failure to
disclose, which is required by Section 112313 of State Statute and Section 21101 of Dade
County. Mr. Raheb advised that he didn't hear any referral to those statutes. He discussed
resolution 316 and advised that in essence it says that the Association is an agency when
it comes to the Security District of Bal Harbour. Mr. Weiss stated that the Association
manages the Security District. Mr. Raheb discussed Mayor Berlin's relationship with Kent
Security.... Mr. Weiss advised that is beyond what the Village is going to deal with. Mr.
Raheb stated that because it's an agency, it still becomes a part of the responsibility of Bal
Harbour Village. He reviewed the relationship with the current Civic Association and the
fact that Mrs. Berlin is also on the Board that directly votes on increases or decreases for
properties. Mr. Raheb reviewed Section 211 of Dade County. He suggested that if the
Council has a problem with this issue, then they should ask for a legal opinion from the
Miami -Dade County Ethics Commission, to resolve this. Mr. Weiss advised that he has
already issued his opinion. Mr. Raheb requested that the Council request a Miami -Dade
County Ethics Commission opinion. He stated that whenever anyone has a problem, they
can request, in writing, a public opinion from the Ethics Commission. Mr. Raheb stated that
Mr. Weiss works for the Village, so his opinion is as an employee to an employer. He
stated that in order to make this situation correct, as far as he is concerned, the Council
needs to ask for a written opinion from the Ethics Commission. Mr. Raheb requested that
the Council vote on it and have the Ethics Commission rule on this matter.
Mr. Weiss stated that Mr. Raheb is free to go to the Ethics Commission. He thinks that it
would be a horrible precedent for this Council to start asking for ethics opinions, based
upon the votes of each member. Mr. Weiss thinks that Mr. Raheb has all sorts of issues
and most of them don't deal with the Village at all. He thinks that the issues that involved
the Village, have been dealt*with. Mr. Weiss stated that it would be unusual for the Council
to ask for another opinion, when they have just paid a lot of money for the opinion that was
given.
Sylvia Holder, resident — 24 Bal Bay Drive, complimented the policewoman on the jet
ski, who patrols Indian Creek and gives tickets to speeding jet skis. She stated that it is
good because of the Manatee Zone. Mrs. Holder advised that the beach patrol and code
enforcement giving tickets to bicycles and people with dogs is also very good.
Mr. Raheb advised that Resolution 316 hires the Civic Association. He doesn't think that
since the money is collected and enforced by the Village and the ultimate decision comes
from the Village Manager, that there's any need for Resolution 316. Mr. Raheb thinks that,
at the next meeting, Resolution 316 should be canceled and all future bidding processes
should come directly to the people who are elected here, not the Association. He would like
to take the Association completely out of the loop.
Mr. Raheb requested that the record reflect that the Village pays Mr. Weiss $183.60 per
hour, while the City of Homestead only pays Mr. Weiss $150 per hour.
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115
Councilman Roth advised that he lives in a condominium and they have their own rules
and regulations. He stated that the courts usually back the condominiums on their rules
and regulations. Councilman Roth questioned why the homeowners would want this
Council telling them what to do (how much security they want, what kind of guardhouse,
how much they want to spend, etc.). He stated that the Council does vote in the finality of
it, but they usually vote on what is suggested to them.
Mr. Weiss explained that in 1985, or before, it was done this way, because the Civic
Association doesn't have the ability to impose special assessments or collect the money.
He advised that the Civic Association came to the Village and advised that they needed a
way to make sure that they can collect the money from the Security District and requested
that the Village create a Security District. Mr. Weiss reported that the Village agreed to do
that and then hire the Association to administer the Security District.
Councilman Roth stated that if he was a homeowner, he wouldn't want the Council telling
him what security to put in, etc. He would want the Council to act as the collection agency
and do what is approved by the majority of the homeowners. Mr. Weiss stated that if they
could have done it that way, they wouldn't have involved the Village at all. Councilman
Roth thinks it's the Civic Association's jurisdiction to decide what they want and whenever
they come to the Council, the Council will basically rubber stamp it, because its self -
governed.
Assistant Mayor Tantleff reported that his brother -in -law now works for Northern Trust,
which does work for the Village.
Assistant Mayor Tantleff stated that he feels comfortable with Mr. Weiss' opinion and he
thinks that Mayor Berlin does a great job. He clarified that Mr. Weiss' fee is extremely low,
for the amount of work that he does for the Village (some attorneys charge $400 -$500 per
hour).
Assistant Mayor Tantleff advised that he and the Council members are always available to
meet and speak with people.
13. ADJOURN: There being no further business to come before the Council, a
motion was offered by Councilman Roth and seconded by Councilman Jacobi to adiourn. The
motion carried unanimously (4 -0), with Councilman Gorson absent, and the meeting adiourned
at 10:10 a.m. �.--
Mayor Howard . Berlin
Attest:
Jeanette Horton, MMC
Village Clerk
/elh
Regular Council Meeting 11/19/2002 10