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HomeMy Public PortalAbout2003-01-21 Regular Meeting125 COUNCIL MINUTES REGULAR MEETING — JANUARY 21. 2001 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, January 21, 2003, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:01 a.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 Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Peg E. Gorson As a quorum was determined to be present, the meeting commenced. Q. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was not done at the meeting. 3. APPROVAL OF MINUTES: A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the minutes of the December 17, 2002 Regular Council Meeting. The motion carried unanimously (4-0), with Councilman Gorson absent, and the minutes were approved as submitted. Mayor Berlin questioned the process of transcribing the workshop minutes. Mrs. Horton explained that the tape for the meeting was misplaced when the administrative offices were moved. Once it was found, the tape was transcribed. Mayor Berlin questioned if the minutes are a true and correct recordation of what took place at that meeting. Mrs. Horton advised that they are and they were taken directly from the tape. Mayor Berlin questioned if the comments made by Dina Cellini, on page 9 through 10, are true and correct. Mrs. Horton responded yes. Mayor Berlin questioned if the comments made by Sean Clancy are true and correct. Mrs. Horton responded yes. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the minutes of the May 20, 2002 Council Workshop Meeting. The motion carried unanimously (4-0), with Councilman Gorson absent, and the minutes were approved as submitted. Mayor Berlin requested a certified copy of the May 20th Workshop Meeting minutes, once they are finalized. 4. PRESENTATION: Officer of the Month — Leo Quinn: Chief Freeman announced that Detective Leo Quinn was selected as "Employee of the Month" for December 2002, in Regular Council Meeting 01/21/2003 1 1.26 recognition of his investigation and apprehension of subjects involved in the theft of a Bal Harbour resident's identity. Detective Quinn was presented with a plaque by Chief Freeman. Detective Quinn was presented with a check by Mayor Berlin, on behalf of the Village. General Employee of the Month — Michael O'Ouinn: Lydia Kordalewski announced that Michael O'Quinn, Park Attendant, was selected as "Employee of the Month" for December 2002, in recognition of his ethical and professional conduct at work. Mr. O'Quinn was presented with a plaque by Ms. Kordalewski. Mr. O'Quinn was presented with a check by Mayor Berlin, on behalf of the Village. Assistant Mayor Tantleff commented on how wonderful the Park is. 5. PUBLIC HEARINGS: None 6. ORDINANCE FIRST READING: The ordinance was read, by title, by the Village Clerk amending Chapter 6, by creating Section 6-42. ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDING AND BUILDING REGULATIONS," ARTICLE II "PERMITS AND INSPECTIONS," BY CREATING SECTION 6-42 "FEE FOR CONSTRUCTION ACTIVITIES IN THE SECURITY DISTRICT OF THE RESIDENTIAL SECTION;' PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. Mayor Berlin advised that his house is currently under construction. He stated that if the permit were pulled at this time, this ordinance would directly impact him personally, so upon advice from the Village Attorney, he will abstain from this discussion. Mayor Berlin left the room at this time and Assistant Mayor Tantleff chaired the meeting. Doug Rudolph, President — Bal Harbour Civic Association, explained that for four months they have noticed and had discussions at the Civic Association meetings, for the concept of having an ordinance that would help put additional guards and equipment at the front gate of the Security District, to deal with the additional impact in traffic that is caused by the increase in construction. Mr. Rudolph advised that the Association found that a great percentage of the traffic that comes through the gate and causing a lot of the back up, especially in the morning, is caused by the construction. He reported that after much discussion and a unanimous vote by the Civic Association (7-0), they are recommending to the Council that this ordinance be put in place. Mr. Rudolph advised that when a resident pulls a permit for construction, and the cost is at least $50,000, then they would have to pay a ' % fee, at the same time that they pull their building permit. He reported that construction for the last two years has averaged approximately $3.93 million, per year. Mr. Rudolph advised that using that estimate, a 1/2% fee would be generate approximately $18,000 per year, which is money that could be raised to defray the cost of an additional guard, at the busy times during the morning, and additional smart pass and phone equipment. He explained that this way, the residents in the Security District wouldn't have to incur these costs solely by themselves. Mr. Rudolph advised that this is an estimate, based on past construction that has been done. Regular Council Meeting 01/21/2003 2 127 Assistant Mayor Tantleff opened the public hearing. Babak Raheb, resident —128 Balfour Drive, advised that Mr. Rudolph made a statement that the Association approved this 7-0; however, he explained that the Association (Board) spoke by itself and does not represent the Association members or the residents. He explained that the by-laws of the Association state that whenever there is an increase or decrease assessment, regarding property, all owners have the right to vote, not the Board. Mr. Raheb advised that the notice must be sent forth in that way and they must have a majority of the homeowners who live there to vote on such subjects, which was not done. He explained that there are also several members on the Board, who are not entitled to be on the Board or have qualification to vote, in accordance with the by-laws of the Association. Mr. Raheb advised that Mr. Rudolph only represents several Board members, in his statements, not the Bal Harbour Civic Association. Mr. Raheb thinks that there is a bad habit of throwing money, whenever there is a problem, and thinking that it will get solved, instead of looking at other ways. He stated that the current security guard service that the Security District has is under discussion, to be handled differently. Mr. Raheb discussed the $4 million construction amount that Mr. Rudolph brought up. He explained that construction is not an ongoing unlimited source of income. Mr. Raheb reported that one of the security guard companies that is being reviewed has a proposal that is $30,000 less than the current one. He advised that is equivalent to roughly $7 million worth of construction every year. Mr. Raheb thinks that instead of throwing money at the problem and hoping that it will go away, it would be better to look at if the company is providing a better service. He stated that they are still waiting for Deputy Chief Hunker to come up with his idea of what can be done to improve that area. Mr. Raheb thinks that it's premature to pass an ordinance, without knowing how the front gate will operate, how it will be paid for, what the best company is, and how it can be handled. He advised that according to Deputy Chief Hunker, 15% of the police calls go to that area because of the problem with the personnel at the front gate. Mr. Raheb thinks that is taxpayer money that is being wasted to handle calls for Toni (the guard) at the gate. He thinks that they should first look at whether they can get a better company or another company that saves money, so that this tax is not necessary. Mr. Raheb stated that if he wants to have an addition, he has already paid enough security assessments, for him to have to be assessed again. Mr. Raheb stated that if this is a special tax district area, it must follow certain rules and regulations, disclosure laws, and other things that haven't been looked at. He advised that this is not an independent situation by itself; there are a lot of legal ramifications that are consistent with a special district and the State has been clear on those subjects. Mr. Raheb stated that it hasn't been determined if this is a special district and if it is, this tax cannot be added, because there is already a Dade County tax and it would create a double tax. Councilman Roth stated that the majority of citizens living in Bal Harbour don't have these problems; they live in condominiums and some of them are upset that the Village is putting in so much time, money, and effort for these problems. He questioned how the Village was stuck with this ordinance and questioned how it can repeal the ordinance that a prior Council put in place, creating this district, and let them have their own governing body, so that the Village has nothing to do with the west side and the homeowners there should govern themselves accordingly, the way that they want to govern themselves. He doesn't think that the Council should have their problem, because he thinks that there will be condominium problems to solve also. Councilman Roth explained that the majority of people are very happy living on the east side and they feel that some of the expenses Regular Council Meeting 01/21/2003 3 128 incurred by the Village are above and beyond what it is getting reimbursed from the west side. He reported that they would like to divorce themselves, because it's taking too much effort and if they cannot get together and govern themselves accordingly, then it's their problem and it shouldn't be the problem of the greater part of the population of Bal Harbour. Mr. Weiss began to review the history of the ordinance. Assistant Mayor Tantleff thinks that if this is a bigger issue, then the Mayor is entitled to be here for that. Mr. Weiss stated that the Civic Association is here on this ordinance in an advisory capacity only. He advised that the Association is under contract with the Village to run the Security District, but with respect to this particular ordinance, he presumes that Mr. Rudolph is here to express what he views as the wishes of the Civic Association, as in support of this ordinance. He explained that Mr. Raheb has said that the way that Mr. Rudolph has determined what the wishes of the Civic Association are incorrect (the people that voted) and that it should come to that they are just people who are commenting on this ordinance. Mr. Weiss doesn't believe that any of the comments deal with the legality of the ordinance. He thinks that the ordinance, as a stand-alone ordinance, is fine. Mr. Weiss suggested that the Council take the comments as either recommendation of the Civic Association, recommendation of an individual, etc. He advised that what they have tried to stay away from and what he does not want to see the Village get involved in, is that he doesn't want to become the lawyer for the Civic Association. Mr. Weiss explained that he doesn't want to review their by-laws, how they vote, etc. He stated that other than in the very narrow area of the service that they're providing for the Village, in terms of the contract, the Village Attorneys have tried to stay out of that, because then they would get involved in who owns each of the properties, who can vote, who showed up at the meetings, if it was proper, etc. Mr. Weiss doesn't think that there's anything wrong with the Council voting on the ordinance, if that's what it thinks is appropriate. He advised that in terms of the comments, there are different views coming from the residential district as to whether the ordinance should be put into place. Mr. Raheb thinks that since the Village has the contract, then the Civic Association is an employee of Bal Harbour Village, so it is the Village's responsibility to make sure that it acts in accordance with the State law. He advised that if the Council is here to determine the will of the people, then this is not the will of the people. Mr. Raheb suggested waiting to see how the guardhouse is going to be handled, because there are contracts that could save more money than what is being proposed by this ordinance. He stated that it is not ongoing that there is going to be $4 million worth of construction every year. Mr. Raheb thinks that if $15,000 to $30,000 can be saved, with a new company or the police department, then it should be looked at. Mr. Raheb advised that they are still waiting to hear from Deputy Chief Hunker about whether or not the front gate is being properly run. Mr. Raheb discussed the backup at the front gate. He suggested having two gates to move traffic faster. Mr. Raheb advised that the problem may be that the person at the gate is not doing a good job. He advised that Mr. Hunker has reported that he will come to the next Civic Association meeting, which is the second Tuesday in February, to make a report. Mr. Raheb doesn't think that anything should be passed, until that report comes in. Thomas Hunker, Deputy Chief of Police, clarified that the Police Department is in the process of doing a study. He advised that between 8-10 a.m., 70% of the vehicles coming in are construction vehicles. Deputy Chief Hunker advised that by February 4th, they will Regular Council Meeting 01/21/2003 4 129 have the study completed and will present it to the Civic Association. He reported that there are many problems that they have uncovered, which will be explained at the Civic Association meeting. Deputy Chief Hunker advised that they have interviewed all of the guards working at the gate and they have interviews scheduled with the companies who have submitted proposals for contracts. Sean Clancy, resident — 211 Bal Cross Drive, agreed with Mr. Raheb and advised that there isn't a clamoring going on in the Residential District for this impact fee. He thinks that it came about because the Security District's assessment went from $495 in 1995/1996, to over $1,000 today. Mr. Clancy advised the assessment increase, combined with the backup at the front gate in the morning, led some people to think about if there was a better way to solve the situation, so they suggested raising more money and throwing it at the problem. He thinks that by looking at the budget and finding other ways to raise some money, if an extra guard is needed in morning, it would be a better way to go. Mr. Clancy suggested deferring this ordinance, until the assessment of the Security District is done, to see what the situation is. He advised that if it makes sense at that time, then that would be fine, but he doesn't think that will be the case. Mr. Clancy suggested tabling the ordinance. Mr. Rudolph advised that Mr. Raheb made a number of statements, which he disagrees with. He clarified that whatever is paid for the front gate security annual assessment is unrelated to this fee, because this fee will be implemented for the construction related traffic. He stated that the monies raised with the fee will only go to lower what is being referred to as the annual assessment. Mr. Rudolph explained that things are needed and whether or not this fee is put into place, the annual assessment will pay for the guard service. He advised that if additional police are needed at the front gate and this is not put into place, then the annual assessment would have to be increased by that amount. Mr. Rudolph reported that if a guard service is found that costs less, then the annual assessment and budget will be reduced accordingly, whether or not this construction impact fee is put in. He explained that they are two separate and distinct issues and one has nothing to do with the other. Mr. Rudolph advised that this isn't a matter of throwing more money at a problem; the money comes from one place or another. He explained that if additional guards and equipment are needed, then it will come from someplace. Mr. Rudolph stated he disagrees with the characterization of this being just a couple of residents, because those who attend the Civic Association meetings have seen and heard the discussions. He reviewed the comments that construction is almost done in the Village. Mr. Rudolph stated that during the last 4-5 months, a number of expensive homes have started construction and have not had to pay this fee, because it would be assessed only when someone pulls a building permit. He explained that the longer that this ordinance is delayed, the more expensive homes will begin and will not have to pay the fee. Mr. Rudolph doesn't agree that Mayor Berlin had to leave the room, because he has already pulled his permit and paid his fee, so this doesn't impact his fee. He advised that most of the construction in the Security District is for old houses that are being demolished and replaced with new large and expensive homes, which brings in large amounts of construction vehicles, which Deputy Chief Hunker has seen. Mr. Rudolph stated that this can belabor as long as the Council wants, but this is a simple thing to put into place to help to defray the costs that are being caused by additional traffic. He explained that if a security company is found that costs less, then they will lower the assessment. Mr. Rudolph advised that this ordinance does not affect the Association being able to do that. Councilman Roth would like to bring up the old ordinance and how to repeal it and not have this type of situation come before the Council. Mr. Rudolph advised that this is only a first Regular Council Meeting 01/21/2003 5 130 reading and the Council has time before first and second reading to improve it if it doesn't like this. Assistant Mayor Tantleff advised that he would like to approve this ordinance on first reading and review Deputy Chief Hunker's report between first and second reading. Assistant Mayor Tantleff stated that some people may not agree, but the Civic Association is elected by the residents of the Civic Association. Assistant Mayor Tantleff doesn't agree with the argument that the 7-0 vote is irrelevant, because somebody elected these people who live in the neighborhood. He advised that he understands Mr. Raheb's points and he is meeting with him about them. There being no additional comments, Assistant Mayor Tantleff closed the public hearing. A motion was offered by Assistant Mayor Tantleff to approve this ordinance on first reading. The motion died, due to the lack of a second. Mayor Berlin returned to the meeting at this time and chaired the meeting. Assistant Mayor Tantleff explained to Mayor Berlin that the motion to approve this ordinance failed, due to the lack of a second. Councilman Roth would like to discuss the issue of how the Village got stuck with the ordinance that it has, to approve the Civic Association. He advised that he has heard that in 1986, the Council, at the urging of the Civic Association, asked the Village to get involved. Councilman Roth advised that he sees and feels that there's a lot of resentment by the majority of Bal Harbour residents about all the problems that are being brought up with this Council, Village, and staff. He explained that getting involved with the actions, inactions, incompatibility, and people having different ideas and not being able to solve it are being thrown in the lap of the Council. Councilman Roth advised that they would like to divorce themselves, because the Security District should be run at the will and the majority of people there, however they wish it to be run, and the Council shouldn't impose its will or get involved and spend as much time as it spends on it. He advised that it's disproportionate to the population of Bal Harbour and to the majority of citizens living in Bal Harbour, who have the same basic problems. Councilman Roth stated that other residents don't want to put it in the Council's lap and they don't want the problems of a minority population taking as much time of the Village's business and staff. He advised that he would like to propose an ordinance to repeal the old ordinance of 1986. Councilman Roth stated that the Village would supply essential services (police, sanitation, etc.), but they would be governing how they want to allocate their costs, security, maintaining their common elements, etc. He advised those are their issues, just like the people in the condominiums that have their own issues, solve them, and don't utilize as much time of the Village's business. Mayor Berlin questioned Councilman Roth about the comment that there are a great number of residents in the Village who are angry. Councilman Roth advised that they are residents outside of the Security District and their anger is focused on the amount of time that the Council takes, because there are other items on the table to solve in the Village and an inordinate amount of time is being devoted to issues of the west side, which is a minority of the population of Bal Harbour. He explained that the animosity is that people don't want to hear the airing of problems, of a certain sect of the population, that's specific to them; they don't want to get involved in that. Councilman Roth advised that they don't want them to get involved in their issues and they don't want to get involved in theirs. He Regular Council Meeting 01/21/2003 6 131 explained that they should air their own laundry and solve their own problems and not throw it in the lap of the Council. Mayor Berlin advised that he is not rendering an opinion that is pro or con, as to what should be done. He stated that he is not suggesting to keep the structure, or remove it. Mayor Berlin advised that he wants to focus in on the problem. He explained that there are 3300 residents in the Village and if 1 to 3 people say that they don't like something, that doesn't mean that the structure should be thrown out. Mayor Berlin advised that, from his experience of attending Civic Association meetings and Council meetings, there are a couple of people who are obviously following an agenda, whatever it is. He stated that he is not commenting on whether they are right or wrong with their agenda. Mayor Berlin stated that to suggest that because those people speak, who have a right to come and speak and make their positions known, that the entire structure should be thrown out, doesn't make any sense. Mayor Berlin stated that Councilman Roth has said that there are a lot of people outside of the Security District that are frustrated and angry. He explained that there are a lot of people inside the Security District that are angry and fed up also. Mayor Berlin stated that the vast majority of people are fed up. He is happy to take up any discussion and do what's best for both the Security District and the Village's interest, if it's truly legally, fairly, and reasonably in their interest. Mayor Berlin doesn't think it should be done solely because people have observed that there are a couple of people taking up a lot of the Council's time, because they are pursuing issues. Councilman Roth advised that it's not only actions, but they feel that it's also a disproportionate amount of expenses to the taxpayers. He explained that they feel that the west side is not paying a proportionate amount of taxes for administrative expenses, etc. Assistant Mayor Tantleff advised that this came to the Council with a 7-0 vote, from the Civic Association. He questioned how the Council can continue to govern, if it doesn't want to second things that come to them unanimously, from the Civic Association. Mayor Berlin thinks that Assistant Mayor Tantleff's project, to look into the issues of the Civic Association, goes into the comments of Councilman Roth. He thinks that the Council needs to hear some kind of report and there needs to be some type of basis, before the Council proceeds. Mayor Berlin clarified that he is not saying whether the Council should do it or not. He advised that just because people are upset, it's not always the reason to do something. Mr. Weiss explained that the Civic Association ran the District like a homeowners association, although the structure's a little different. He advised that they ran it as a private estate and the government had very little to do there (there was a contract for police services). Mr. Weiss stated that in the mid 1980s, the homeowners association was having trouble collecting money. He explained that they had the guard gate and were assessing their people, pursuant to their own mechanisms, to pay for the guard gate. Mr. Weiss reported that they came to the Council, because they were having trouble collecting the money, since there was no collection mechanism, because they were not a particular entity under the Florida statutes that allowed them to foreclose, put liens, etc. He explained that, at the same time, people all over the area were forming special assessments districts, under the Dade County Code, for the purposes of security. Mr. Weiss reported that if people wanted to put in a guard gate, they went to the County and the County put in a special assessment and would then build the guard gate, hire the guards, run the guard gate for them, and the people would have a special assessment that would be placed upon their homes. He advised that to solve the collection problem for Bal Harbour's residential area, they asked the Village to come up with some sort of mechanism so that the Civic Association would keep control over what happened in the Security District, but the Village Regular Council Meeting 01/21/2003 7 132 could help them collect the money. Mr. Weiss explained that the Council then created the Security District and imposed a special assessment for security purposes. He reported that under normal circumstances, the Village would have run it like the County (the Village would have hired the guards, run the gate, etc.). Mr. Weiss explained that the Council didn't want anything to do with who gets a clicker, etc. He reported that the Council wanted the Civic Association to deal with those problems, the Village to collect the money for the Civic Association and to enter into a contract with the homeowners association as the Civic Association, to run the Security District for the Village. Mr. Weiss stated that is the structure that's in place, which is the Civic Association is running the Security District for the Village. He advised that the original concept was that the Village would approve the budget, on an annual basis, and review what the Civic Association was doing, but that would be all. Mr. Weiss advised that the Village imposed the special assessment every year, based upon a budget that was proposed by the Civic Association, collected the money, and the Civic Association ran it (they hired whoever they wanted). He reported that is the current structure. Mr. Weiss advised that if the Council doesn't like the current structure, there are alternatives such as: 1. Get rid of the whole thing and have the Civic Association do whatever they want, but then they would be back in the situation of not having the ability to collect the money from their residents, unless they create some sort of an entity there. 2. Go to a traditional security district system, where the Civic Association is completely out of it and the Village would collect the money, enter into a contract with a guard service, or use off -duty police officers to run the guard service. 3. Do nothing. Mr. Weiss advised that to get rid of the whole thing, the Council would instruct the Village Attorneys to do whatever is necessary to prepare the documents to get rid of the Security District. He explained that they would still have their entity there, but the Village would no longer be involved. Assistant Mayor Tantleff advised that there was a workshop, which the Council instructed him to have. He advised that he met with Mr. Weiss, Mr. Raheb, and Mr. Treppeda to review some options. Assistant Mayor Tantleff reported that Mr. Treppeda is getting some information and then the group will meet again. Mr. Treppeda reported that the group is reviewing the resolution and the items that Mr. Raheb brought up. He explained that there will be a subsequent meeting for discussion. Assistant Mayor Tantleff advised that there will be another meeting in 1-2 weeks, then he will come back to the Council with some thoughts. Councilman Roth advised that he is willing to wait until Assistant Mayor Tantleff's report and thinks that the residents should know that some of the Council members feel that they would like to divorce themselves of the whole issue and put it in their laps. He explained that he is leaning towards divorcing himself from this whole issue, as a Councilman. Mayor Berlin thanked Assistant Mayor Tantleff for the work he is doing on this. He suggested that Assistant Mayor Tantleff broaden the spectrum of input and speak to the Security District residents and perhaps set up a community wide workshop or informal meetings. Mayor Berlin suggested that since the Council will be discussing Assistant Mayor Regular Council Meeting 01/21/2003 8 155 Tantleff's recommendation at a meeting, then a notice should go out advising people. Assistant Mayor Tantleff clarified that he will present a report of suggestions to the Council. 7. ORDINANCE SECOND READING/PUBLIC HEARING: None. 8. RESOLUTIONS: None. 9. DISCUSSION OF ORDINANCE PROHIBITING PRIVATE PERSONS PLACING OBJECTS IN PUBLIC PLACES: Mayor Berlin explained that the Village was suppose to be getting reports or recommendations in on this and questioned Mr. Weiss if anything has been received. Mr. Weiss reported that nothing has been received and he had hoped to hear from the gentleman from the ACLU, who he thought was going to review the ordinance. He advised that when he spoke to the ACLU on the phone, he got the impression that he was comfortable with the ordinance, but thought he was going to get back to him. Mr. Weiss explained that he hasn't heard from the Church, the Synagogue or anyone. Mayor Berlin would like to get input from the ACLU, Church and the Synagogue. He suggested delaying this item until the next meeting to get that input. Mr. Weiss suggested that the Village Clerk send a letter to them requesting written comments for the next Council meeting. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: None. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Approval of Beer & Wine License (2COP) for Diego, Inc. (Operator of the Majestic Condominium Restaurant): Mr. Treppeda explained that the Village's Zoning Code requires Council approval for an establishment to serve alcoholic beverages. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to authorize the Village Manager to sign the 2COP License, indicating compliance with the Village Zoning Code. 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 to Enter into Lease Agreements for Two Police Motorcycles: Mr. Treppeda explained that Chief Freeman is requesting Council approval to enter into 3 year lease agreements for two police Harley Davidson motorcycles as follows: • 3-year lease • $350 per month, per motorcycle • No mileage limit • Includes brand new motorcycle each year for three years. • Includes all equipment (lights, sirens, etc.) • Includes all maintenance (oil changes, brakes, tune ups, parts) • For additional $1.00 per month, motorcycle use while ours are in the shop Regular Council Meeting 01/21/2003 9 131 • Will pay $7,000 each for the current two motorcycles, which are 3 years old. A motion was offered by Councilman Roth and seconded by Councilman Jacobi to authorize the Village Manager to enter into 3-year lease agreements for two police motorcycles, per the above specifications. 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 for Expenditure of Forfeiture Funds: Mr. Treppeda explained that Chief Freeman is requesting approval to expend forfeiture funds for the following police items: 1. Copy Machine $ 6,626.86 2. Safe and Secure Filing Cabinet $ 3,367.60 3. Two Computers $ 5,000.00 4. Flashlights $ 1,300.00 TOTAL: $16,294.46 Mayor Berlin explained that this money comes out of the Forfeiture Fund, so it doesn't cost the taxpayers anything. Councilman Roth questioned what the balance is of the Forfeiture Fund. Chief Freeman advised that it is approximately $350,000. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve the expenditure of $16,294.46 of forfeiture funds to purchase the above listed items, for the police department. 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 Donation of Forfeiture Funds: Mr. Treppeda explained that State law requires that 15% of annual forfeiture proceeds received, be donated. He reported that Chief Freeman is requesting to make a total donation of $6,000 of forfeiture funds as follows: 1. Drug Free Youth In Town (DFYIT) $5,000.00 2. Police Officers Assistance Trust (POAT) $1,000.00 TOTAL: $6,000.00 DFYIT is a substance abuse prevention program for middle and senior high school students. POAT is a fund, which provides assistance to police officers in times of emergencies and tragedy. A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve the expenditure of $6,000 in forfeiture funds to the above listed organizations, to meet the State required donation of 15% of proceeds, each fiscal year. 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 DOT and FPL Upcoming Projects in Bal Harbour: Mr. Treppeda explained that FPL will be starting a duct bank project in January. He advised that the Village was very concerned about this because it will be a messy project, which will take place in the height of Bal Harbour's season. Mr. Treppeda reported Regular Council Meeting 01/21/2003 10 135 that he had some meetings with DOT and expressed the Village's concern. He explained that as a result, the project has been pushed back until March 1st. Mr. Treppeda reported that starting March 1, they would go under the Haulover Bridge, south to Harbour Way. He explained that they will not proceed further than that, until after April 1st. Mr. Treppeda reported that DOT will be starting the installation of new street lights in June. He explained that both FPL and DOT have contracts with different companies, so it could not be pushed back any further. Mayor Berlin advised that Mr. Treppeda worked very hard to push the start date back. Mr. Treppeda advised that he spoke with the owner of the Bal Harbour Shops, Stanley Whitman, who advised that he was okay with the start date of March 1st, as long as they stay under the bridge. He explained that the Street Light Project will take approximately 6 months and the Duct Bank Project will take approximately 4 months. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following recommendations made by the Resort Tax Committee, at their meeting on January 9, 2003: 1. Sales Mission to Maryland/Baltimore/Washington D.C. $2,500.00 2. Media Visits by Travel Writers to Bal Harbour (2 in January/3 in February) $3,000.00 3. Update on Previously Approved U.K. Mission — Temporarily Postponed TOTAL: $5,500.00 Mr. Treppeda explained that the U.K. Mission has been canceled, so the $12,000, which was previously approved, will go back into the budget. A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Jacobi to approve $5,500 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. 11. OTHER BUSINESS: Assistant Mayor Tantleff questioned about signs for the Beach Master Plan and the Bal Harbour Park. Mr. Treppeda advised that the signs will be done in March, for the Grand Opening for both projects. Phillip Smith, resident — 10245 Collins Avenue, advised that he lives next to the Kenilworth demolition site, which has been fined for releasing a lot of dust. He reported that last week his apartment tested positive for asbestos, which is coming from the demolition site. Mr. Smith advised that he doesn't live in Bal Harbour to get lung cancer or to have his apartment rendered worthless. He reported that he has been video taping the demolition site and last week they started building huge ponds on the site. Mr. Smith explained that over the last two days they have been dumping surface dirt into the two ponds with a bulldozer. He advised that the lab person commented that it sounded like they are burying asbestos ridden dirt. Mr. Smith reported that the person at the lab would like to know who did the survey and whether there was a proper abatement. He stated that EPA (Environmental Protection Agency) has informed him that if there was asbestos on the premises, then every worker there should be wearing a respirator, in accordance with OSHA. Mr. Smith explained that the workers were hardly even wearing hard hats. He reported that Mr. Treppeda has been very helpful. Mr. Smith stated that he has videotape that shows how much dust was outside of his window. He advised that Mr. Treppeda contacted DERM (Department of Environmental Resources Management) and got the Regular Council Meeting 01/21/2003 11 136 Bellini to move the hose forward, but as soon as that was done, they pulled the hose or didn't show up, etc. Mr. Smith requested help because he doesn't want to get lung cancer and is very upset. He advised that his attorney thinks that the site should be shut down and they should start doing core samples and samples from the sales center. Mr. Smith stated that he spoke to the Carlton Terrace a month ago about starting to test the building and now that his apartment has tested positive, they are starting to move forward. Mr. Smith advised that he is begging for help, because he thinks that this is an emergency. He stated that if they are dumping asbestos dirt into those ponds, then it's affecting the groundwater. Mr. Treppeda suggested that he and the Building Official meet with Mr. Smith to speak with DERM and the EPA again. Mr. Raheb questioned Mr. Weiss if the special district that was created is considered a special district, under Florida statute. Mr. Weiss advised that it is not. He explained that it was created under the Dade County Code, not under the provisions of Florida statutes. Mr. Raheb explained that he is asking, because under the State of Florida, the entities that aren't special districts are general-purpose govemment (school district, community colleges, municipal service, etc). Mr. Weiss stated that it doesn't fall under any of those categories, because it's an entity that's created under the provisions of the Dade County Code and municipal authority allows the Village to create that special district, independent of anything in the Florida Statutes. Mr. Raheb questioned if it was a 1974 Dade County Act. Mr. Weiss advised that he didn't give a date. Mr. Raheb wants to see the distinction why it's not, because it fits the criteria of the special board and the resolution specifically says that a special taxing district and the charter gives the Village the right to create a special taxing district. He advised that if it fits into the criteria of a special taxing district, even if the registration isn't, then there are certain rules and regulations that have to be followed for the creation, dissolution, etc. Mr. Raheb would like to know specifically, because the State doesn't go into that. Mr. Weiss advised the Council that his office is in the habit, with respect to Bal Harbour, that if a resident calls and asks a question that is fine. He explained that it has never gotten to the point that his office has had to do a tremendous amount of work, at the request of a resident. Mr. Weiss advised that Mr. Raheb knows that he always returns his phone calls and he does that for every resident, not just Mr. Raheb. He explained that his office rarely even bills for the phone calls. Mr. Weiss reported that the Council should consider that what is happening, in this circumstance, is that his office is starting to spend some real time on these items answering the questions. He explained that his office's general practice is to answer questions when residents call, but what is happening is that a particular resident is having the ability to spend Village money. Mr. Weiss stated that if it's a simple phone call, then he doesn't bill for it and it's not an issue. He explained that if it's an issue where Mr. Raheb is asking for the Village Attorneys to check something, then his office is happy to do the work and Mr. Raheb has the right to ask, but there is a cost involved with it. Mr. Weiss thinks that Mr. Treppeda will see that the bills for the Village Attorneys will increase because of this. He advised that until the Council tells him not to go through the items, then he will. Mr. Weiss suggested that maybe this issue should be part of Assistant Mayor Tantleff's report. He clarified that if it's a one-time phone call, such as a resident asking for a Code provision, then it's not an issue. Mr. Weiss reported that this has been going on for some period of time and Village Attorney David Wolpin corresponded with the State of Florida dealing with this. He explained that he wanted to make the Council aware of this and he does want to talk about it when the group meets again. Councilman Roth advised that this is one of the points that the residents of the east side are saying; that an Regular Council Meeting 01/21/2003 12 137 inordinate expense is being charged to the taxpayers and they don't get any benefit out of it and they feel that even the expenses that are being reimbursed are not adequate. Councilman Roth advised that he believes in free speech and there are people, other than Mr. Raheb, who are also upset, so Mr. Raheb shouldn't take it that he is the only one. He explained that is why he believes that they should govern themselves, because it's a matter of free speech and they shouldn't tell anyone to push anything down their throats. Mr. Raheb asked if Councilman Roth is saying that he doesn't have the right as a citizen to ask if certain laws of the State are being followed, especially the Sunshine Law and Ethics Law. He advised that he has reasonable questions and he is trying to do it legally, as it's required. Mr. Raheb questioned what other avenues he has if he has legal questions and concerns, regarding the establishment of the city. He questioned if he should shut himself up because Councilman Roth doesn't like it. Councilman Roth responded no, he likes everything that Mr. Raheb does. He suggested that Mr. Raheb go to the Village Manager. Councilman Roth advised that he does not have the right, as a condominium owner, to call the condominium attorney and charge that. Mr. Raheb advised that this isn't a condominium, it's regarding the Village of Bal Harbour. Mayor Berlin advised that Mr. Raheb has the right to come here and speak and that will be acknowledged. He would like Mr. Raheb to focus on the points he would like to make. Mr. Raheb explained that the point is that if the Security District is a special district. He advised that by definition of how he sees it and has heard from the State, it is a special district. He reported that under special districts, there are rules on the governing board, how the governing board is elected, ethics, sunshine law, and everything that is expected with a regular government is imposed on a special district. Mr. Raheb stated those are his concerns, because if it's not a special district, then the way the Association has run bypasses the State laws and statutes. He advised that his concerns are only on State laws and statutes and following those procedures. He explained that if the problem hasn't been brought up in the past, or has been overlooked, it doesn't mean that the problem hasn't existed. Mr. Raheb advised that he wants to make sure that the Association is following certain things, in accordance with the State statutes. Mayor Berlin explained that, with regard to this Security District, Mr. Raheb is asking the Village Attorney if he could provide a legal definition of what is the essence of the Security District. He advised that if the Security District is one type of legal entity, under the Florida law, then it must abide by all of the typical governmental provisions and ethics. Mayor Berlin explained, for example, that if the Security District was like this Council, they would have to abide by the Sunshine Law and all of those things. He reported that if it's not like the Council, then it has a different set of rules. Mayor Berlin advised that Mr. Raheb contacted him and he didn't know the answer, but all he is asking is which one the Security District is, so it can be figured out what they are supposed to be doing. Mr. Weiss advised that the point that he is raising is that generally if a citizen calls and asks the Village Attorneys to do a significant research project, then he wouldn't do it. Mayor Berlin advised that he understands Mr. Weiss' point. He thinks that there is a philosophical issue there that needs to be considered. Dina Cellini, resident-211 Bal Cross Drive, questioned Mrs. Horton if the minutes of the May 20, 2002 Council Workshop meeting are verbatim. Mrs. Horton advised that Ellisa (Horvath) types the minutes pretty much verbatim, but they are not an exact verbatim. Mrs. Horton advised that they are not verbatim. Ms. Cellini questioned if the Workshop Meeting was scheduled by the Council. Mrs. Horton responded that it was. Regular Council Meeting 01/21/2003 13 138 Ruth Karp, resident — 74 Bal Bay Drive, discussed the ordinance for placing signs for the rental or sale of a property. She thinks that the ordinance was worded wrongly, because it states that the sign should be placed ten feet from the house. Ms. Karp explained that there are some homes, such as hers, that are placed back from the street, so a sign placed 10 feet from the house will not be seen from the street. She advised that it's not a large hardship for her, but she doesn't think that it's reasonable. Ms. Karp thinks that it would be reasonable to have the signs placed at the property line. She would like the Council to consider that. Mayor Berlin clarified that Ms. Karp would like to have it measured from the street, instead of from the house. Ms. Karp agreed and advised that she agrees that a sign should not be large, illuminated, or an eye sore. Mr. Treppeda advised that it is also a problem because a lot of people have walls around their homes now, so the signs are now behind the walls and nobody can see the "for sale" signs. He will have the Village Planner look at this. Betsy Bystock, resident — 80 Park Drive, explained that she is affected, because the placement of her driveway and cars parking there, obscure the vision of her sign. Mayor Berlin advised that Mr. Treppeda will speak with the Village Planner and make a recommendation. Orly Alexander, resident — 248 Bal Bay Drive, doesn't agree that people from the neighborhood should be able to call the Village Attorney and have the citizens pay the bill for their questions; she thinks that everyone is responsible to do their own research. She thinks that if it's just one question, that's one thing, but if it becomes a research, she doesn't think that it's the citizens' responsibility as taxpayers. Ms. Alexander questioned Assistant Mayor Tantleff how she can be invited to be on the Committee to review the Civic Association. Assistant Mayor Tantleff explained that at the beginning, it was decided that it would be a very small Committee, but since the issue has grown, he is going to request to attend the next Civic Association meeting to get a pulse of what the people want. He advised that he will notice it, since the Mayor attends that meeting. Mr. Weiss clarified, for the record, that there was no Committee; it was a group giving advice on the issue. 12. 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 Gorson absent, and the meetint adjourned at 10:20 a.m. Mayor Howard J. Berlin Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 01/21/2003 14