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HomeMy Public PortalAbout2003-05-20 Regular Meeting196 COUNCIL bUNUTES REGULAR MEETING -MAY 20. 2003 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, May 20, 2003, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:05 a.m. by Mayor Tantleff. Those present were: Also present: Mayor Daniel S. Tantleff Assistant Mayor Seymour "Sy" Roth Councilman Peg E. Gorson Councilman Joel S. Jacobii Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Howard J. Berlin As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Sandra Dunn, President of the Civic Association and Village resident. 3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve the minutes of the April 14, 2003 Induction Meeting, April 15, 2003 Regular Meeting, and Apri129, 2003 Special Meeting. The motion carried unanimously (4-0), with Councilman Berlin absent, and the minutes were approved as submitted. 4. PRESENTATIONS: Randy Whitman: Acting Chief Hunker explained that, due to the robbery in the Merrick Center (Coral Gables), the Shops requested a demonstration to better inform the jewelry stores and personnel about robberies. He advised that the police department conducted and video-taped a mock robbery at Neiman Marcus, for future iraininy. Acdric Chief Hunker presented Randy Whitman with a plaque, in appreciation of his idea to do a demonstration. Mr. Whitman advised that the police department was very res^onsive to hi3 request and did a fantastic job. Officers of the Month — April 2003 — Corporal Jose Andrade anti Officer Madeleine Orr: Acting Chief Hunker explained that Corporal Andrade and Officer Orr organized the mock robbery program, which included two days of training for jewelry store personnel. He announced that they have been selected as the Officers of the Month for April 2003. Acting Chief Hunker presented Corporal Andrade and Officer Orr with plaques. Mayor Tantleff presented Corporal Andrade and Officer Orr with checks, on behalf of the Village. 1 Councilman Jacobi arrived during the Pledge of Allegiance. Regular Council Meeting 05/20/2003 1 197 Neiman Marcus: Acting Chief Hunker explained that the security personnel from Neiman Marcus gave the police department their store and video equipment to use for the mock robbery. He presented Manny Lopez, Neiman Marcus Loss Prevention Director, with a plaque in appreciation of Neiman Marcus' assistance. 5. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None 7. ORDINANCES FIRST READING: The following ordinance was read by title, by the Village Clerk, amending Chapter 13, Article II, of the Village Code relating to the Employee Pension Plan: ORDINANCE NO. _ AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 13 OF THE VILLAGE OF BAL HARBOUR CODE OF ORDINANCES, EMPLOYEE'S PENSION PLAN, PROVIDING THAT THE MONTHLY RETIREMENT BENEFIT SHALL BE AN AMOUNT EQUAL TO THREE PERCENT OF FINAL AVERAGE COMPENSATION TIMES COMPLETED YEARS AND MONTHS OF CONTINUOUS EMPLOYMENT; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Tantleff explained that last year the Village increased the pension plan benefits for the police department, so the Village is now trying to increase pension benefits for the general employees. He advised that the general employees and General Employee Retirement Board have recommended increasing the multiplier to 3%. Mr. Treppeda explained that the general employees met with the Actuary for the plan, who explained what increasing the multiplier would do and that it could possibly result in them making a contribution again, in the future. He advised that the general employees were okay with that. Mayor Tantleff invited the public to comment. He explained that for many years the Village has not had to contribute to the pension plans. Mayor Tantleff closed the public hearing. Assistant Mayor Roth explained that the Village hasn't had to contribute to the plan, because the manager of the plan, Northern Trust, has done a fantastic job. He advised that the plan was so over -funded that no contributions were necessary. Assistant Mayor Roth explained that the employees previously contributed 6% of their pay, but that was waived, subject to the plan being reviewed every year. He advised that if the market does well, then nobody will have to contribute, but if it goes down, then the employees may have to start to contribute the 6% again. A motion was offered by Councilman Gorson and seconded by Councilman Jacobi to approve this ordinance. The motion carried with the vote as follows: Mayor Tantleff aye: Assistant Mayor Roth Regular Council Meeting 05/20/2003 2 198 aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. The following ordinance was read by title, by the Village Clerk, amending Chapter 6, Article II, by creating a fee for construction activities in the Security District: ORDINANCE NO. AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 6 "BUILDINGS 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 Tantleff opened the public hearing. Babak Raheb, resident — 128 Balfour Drive, doesn't think that this ordinance is necessary. He advised that the philosophy behind the ordinance was that there were traffic jams, from 8:00 a.m. until 10:00 a.m., which is no longer true. Mr. Raheb stated that this ordinance is also at the request of the Civic Association. He reviewed the Association's Articles of Incorporation, Prohibited Activities. Mr. Raheb read that "no part of the activities of the corporation shall be sharing propaganda or otherwise attempting to influence legislation." He advised that the Association cannot influence any legislation to even promote it, subject it or give it to the Village for consideration. Mr. Raheb stated that those are prohibited activities, under the Articles of Incorporation of the Civic Association. He advised that a private citizen can ask that question, but there cannot be any endorsement by the Association. Mr. Raheb explained that when this was originally done, it was done by the previous Association Board, which should not have been accepted. He advised that the previous Board has also changed. Mr. Raheb advised that there has not been accountability regarding the distribution and expenditure of the funds collected. He explained that there are a lot of questions regarding how the budget has been transformed. Mr. Raheb is not in favor of giving additional money to be in the hands of the Village or the Association, since they have not provided any accountability as to how the funds are being spent. Sandra Dunn, President of the Civic Association, advised that she is representing the Board of Directors and advised that they are in support of passing this ordinance. She stated that they currently do not have the tools to facilitate what happens in the morning. Mrs. Dunn agreed that the traffic jams have improved since changes were made within the security company, but they have outdated equipment and the funds that will come from this ordinance will be used to update the equipment, to facilitate the accessibility in the morning and the afternoon. She advised that the Board feels that they are in keeping with the By- laws, because they are just making a recommendation and are not doing any propaganda, etc. Mrs. Dunn advised that the Association would like the Council to consider this ordinance. Dina Cellini, resident-211 Bal Cross Drive, advised that she is against the construction impact fee. She explained that since Toni Falcone was removed as a guard at the front gate in the morning, there is not a congestion problem. Ms. Cellini advised that she has Regular Council Meeting 05/20/2003 3 199 spoken to the current guard, who has assured that he can handle the congestion and there's not a problem anymore. She stated that the underlying reason for the construction impact fee was to pay for an additional guard in the morning, between 8:00 a.m. and 10:00 a.m., so the problem has been eliminated. Ms. Cellini requested that the Council look at the Articles of Incorporation for the Association and stated that the Association is prohibited from trying to influence legislation. She is also against it, because she feels that this Council seems to just legislate so much. Ms. Cellini thinks that there are so many rules and fees in the community and as a homeowner and as someone who has done renovations and will continue to do renovations she advised that she submits her plans, pays 1 % to the Village, pays an hourly fee for an engineer, and pays money to Dade County for an impact fee. She thinks that at a certain point, it's just too much. Ms. Cellini advised that everyone has said that the contractors will pay for it, but the contractors will pass the fee on to the homeowner. She is also concerned about the precedent that it will set. Ms. Cellini advised that the new Civic Association Board made some statements at the last meeting, with regards to the formula that the Village uses to pass on the security budget to various homeowners. She explained that the Civic Association has concluded that all homes, regardless of their size, the number of people visiting, the number of workers, etc. should pay the same security fee. Ms. Cellini doesn't understand why a home that is doing construction and may have a few more trucks for a temporary period of time is being penalized, if it is not being said that a certain number of visits are allowed per home and then when that is exceeded they will have to pay more. She thinks that is what will have to happen, because they are penalizing people who are having more visits to their homes, during the time of their renovation. Ms. Cellini stated that many of the people who are in favor of this construction impact fee have already completed their homes and renovations. She questioned if they would feel this way if they were about to initiate a project. Ms. Cellini encouraged the Council to deny this request. Brian Mulheren, resident — Carlton Terrace, thinks that a fee should be charged, because if one person changes their home, then the increased activity going in and out of the gate changes tremendously, especially with the construction that's going on now. He advised that there are safety and security factors involved. Mr. Mulheren thinks that if a building is going to be demolished and a new one built, then that's part of the fee that should be included. He doesn't think that the Village should be responsible for these costs. Mr. Mulheren thinks that it would improve security for the people who live there, which they need to do. He thinks that they need to have fees to charge the contractors. Mr. Mulheren advised that he walked down there earlier and there was a line of cars there, so the activity is there. He thinks that this is something that should be done and it's an expense that someone will have to incur, but it's for the betterment of Bal Harbour. Mr. Raheb clarified that this is only for the Security District, which is the gated community. He advised that it doesn't involve the Bellini or any other construction. Mr. Raheb stated that the Village doesn't pay anything and the Security District residents pay it themselves. Ms. Dunn reported that she may be renovating her house next year and she doesn't have a problem with paying this fee, because it's not for her personally, it's for the community. She advised that the funds that would be allocated are not just for an extra security guard, since the traffic flow has gotten better in the moming, it's also to update equipment that would facilitate the access. Assistant Mayor Roth questioned how many members are on the Board of Directors. Ms. Regular Council Meeting 05/20/2003 4 ZOO Dunn reported that there are seven members. Assistant Mayor Roth questioned if they voted unanimously for this ordinance. Ms. Dunn reported that they did. Assistant Mayor Roth questioned who elected the Board members. Ms. Dunn reported that everyone living in the Security District did. Mr. Raheb advised that there are 300 residents in the Security District and the By-laws and state statutes recommend that a quorum of people vote, which would be a minimum of 150 people. He explained that the current Board only received 112 votes, which does not entitle them to be elected officially. Mr. Raheb advised that the By-laws recommend that any increase or decrease in the property must be approved by all homeowners, not just the Board. He stated that the Board cannot make any recommendations to the Council. Mr. Raheb requested that the Council read the Articles, which as a state law must be followed. He advised that the Board cannot recommend or influence any legislation. Mr. Raheb stated that the Council asked and is putting the premise that the Association's recommendation will favor into this decision. Mr. Weiss advised that his office drafted this ordinance, with the help of the manager's office, and he is comfortable with the way that it is written. Mr. Treppeda advised that Raj Singh, resident — Camden Drive, wrote in a comment. He explained that Mr. Singh is suggesting that a provision be added to grandfather residents who have lived in Bal Harbour five years or more, because he feels that those residents have been here and have put up with a lot of new construction and inconvenience over the years. Mayor Tantleff closed the public hearing. He explained that an ordinance has to be approved twice, before becoming law. A motion was offered by Councilman Jacobi and seconded by Councilman Gorson to approve this ordinance. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent: Councilman Gorson aye; Councilman Jacobi ave. a. RESOLUTIONS A resolution was read by title, by the Village Clerk, approving the Lease Agreement and addendum to the Lease Agreement with the Florida Department of Transportation. Mr. Treppeda explained that the property underneath the Haulover Bridge, which the Village uses as a municipal parking lot, is leased to the Village by the Department of Transportation, which owns the property. He advised that the lease is up for renewal. Mr. Treppeda advised that he and the Village Attorney's office are comfortable with all of the terms that the DOT is proposing and are recommending approval for five years. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve this resolution for the Lease Agreement and Addendum to the Lease Agreement with the Florida Department of Transportation for parking and public beach access. The motion carried with the vote as follows: Mayor Tantleff ave; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Thus becoming: RESOLUTION NO. 644 Regular Council Meeting 05/20/2003 5 201 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING LEASE AGREEMENT AND ADDENDUM TO LEASE AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ALLOWING VILLAGE TO UTILIZE DOT RIGHT OF WAY AT STATE ROAD A-1-A FOR PARKING AND PUBLIC BEACH ACCESS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. Mayor Tantleff advised that he met with Surfside Mayor Paul Novack and explained that since both cities are so close to each other, they need to work together on big issues. He reported that Mayor Novack has advised that the County is trying to quietly change some zoning that could potentially hurt Bal Harbour. Mayor Tantleff explained that there is talk about maybe putting some mini tri-rail system in the future on A-1-A. He advised that it's important before this zoning is granted that it gets defeated. Mayor Tantleff thinks that Bal Harbour, Bay Harbor, Surfside, Sunny Isles Beach, Aventura, and Miami Beach work close together to make sure that nobody tries to railroad into any of these things. He requested that Mr. Treppeda follow up on this issue with Surfside. 9. REAPPOINTMENT MEMBERS ARCHITECTURAL REVIEW BOARDMrs. Horton explained that the Architectural Review Board members are reappointed every two years. She advised that the current Board members have advised Mrs. Horvath that they would like to continue serving. A motion was offered by Councilman Jacobi and seconded by Assistant Manor Roth to reappoint the following members to the Architectural Review Board for two nears: James Silvers, Giorgio Balli, Paul Buzinec, Robert Parsley, and Jaime Schapiro. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi ave. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Assistant Mayor Roth reported that he was invited to be a judge at Bay Harbor Elementary's Science Fair, by Lori Lehman, who is a resident of Bal Harbour. He explained that he judged the projects done by third graders, which were outstanding. Assistant Mayor Roth advised that he gave out Bal Harbour Frisbees and rulers to the students. He received a thank you letter from Ms. Lehman, for Bal Harbour's participation. Councilman Jacobi advised that he attended Law Day, which was held at the North Dade Justice Center. He explained that they brought in Supreme Court Justices and Community Leaders and opened the courts up to the public. Councilman Jacobi reported that many public officials were there to interact with the judges and to get a view from the bench of how judges think and how they perceive the law. He advised that they knew that he was there representing Bal Harbour. Mayor Tantleff reported that he and Councilman Jacobi attended the Miami -Dade County League of Cities dinner. He advised that he invited the entire Surfside commission that was Regular Council Meeting 05/20/2003 6 202 there to sit with them, to try to bridge the relationship between the communities. Mayor Tantleff advised that the Village and Surfside have big projects coming up together (96th Street, etc.). He thinks that Bal Harbour, Surfside, and Bay Harbor should always work together, as close as possible. B. VILLAGE ATTORNEY: Mr. Weiss advised that there has been a lot of litigation dealing with sign ordinances and the Village's sign ordinance has not been updated in a very long time. Mr. Weiss questioned if the Council wants him to look at the ordinance. He advised that to bring the work up to date would take approximately 10 hours. It was the consensus of the Council to authorize the Village Attorney to work on updating the Village's sign ordinance. C. VILLAGE MANAGER: Miller and Solomon Request to Extend Work Hours: Mr. Treppeda explained that Miller and Solomon are handling the construction for the Bellini project and they are requesting permission to start construction a half an hour earlier and to end a half an hour later. Ted Waldbillig, Director of Preconstruction — Miller & Solomon General Contractors, Inc., requested an extension of work hours (half an hour additional in the moming and half an hour additional in the evening), to help facilitate with the traffic flow at the project. He requested that the Council look at the ability to put up temporary pedestrian signs on the sidewalk, warning them about the construction site that they are entering. Mr. Waldbillig explained that there is a lot of traffic going in and out of their driveways that may be unfamiliar to residents in the area. Mr. Waldbillig advised that they will be pouring 225 yards of concrete every day, which will take between 4 1/2 - 5 hours, at 50 yards per hour. He explained that prepping for the pours and cleaning the equipment, etc. is reviewed in the letter included in the agenda. Mr. Waldbillig stated that they have 21 months for the construction schedule. He explained that they are going into the slower months for the community and if they can get the structure done quicker, then they could probably save 2 months off of the construction schedule, which would minimize the impact on the community. Mr. Waldbillig advised that he has made arrangements with the police department for helping with the traffic control, on the pour days, so that the concrete trucks can enter and exit the project safely. He explained that since they are so close to the bridge, they are going to end up with concrete trucks backed up along the front of the property, until the 8:30 a.m. start time. Mr. Waldbillig would like to get the trucks off the street earlier, for the convenience of the residents. Mayor Tantleff advised that he is against it. Mr. Treppeda stated that he understands that once they start pouring concrete they can't stop, so permission is usually asked to continue pouring at the end of the day, which he is reasonable about. Mayor Tantleff doesn't know that the Council would give a blanket approval to do this, because it hasn't been done in the past. Mr. Mulheren advised that he lives next to the Bellini site. He reported that the construction company is already starting earlier than they are supposed to. Mr. Mulheren understands that when they are pouring concrete, they can't stop, but there is also a tremendous safety Regular Council Meeting 05/20/2003 7 203 issue. He stated that the entrances/exits for the trucks are blind spots. Mr. Mulheren thinks that they should have somebody at the entrances/exits, because a sign isn't going to prevent an incident from happening. He thinks that if they have a police officer there, then they should be paying to have that officer there. Mr. Mulheren stated that the area in front of the site is dirty, they don't clean up properly, and it's not well run. He advised that they have signs at the Bellini and he questioned if they have a permit for their signs. Mr. Mulheren stated that there are regulations and he feels that nothing is being followed. He thinks that before the Village grants anything to them that they should conform to what they have to conform to. Councilman Jacobi advised that he has a concern about noise in the morning. He explained that he hears DOT and the garbage trucks every morning and right now he doesn't hear anything from that side of the street. Councilman Jacobi doesn't know how it affects the traffic in the morning or evening, but he knows that Collins Avenue is a wreck now. He doesn't know how it will affect traffic by extending hours. Assistant Mayor Roth advised that he has a problem with starting earlier, because he has residents who call him now about the garbage trucks picking up at 9:00 a.m., which is a necessity. He is opposed to starting earlier. Assistant Mayor Roth doesn't think it's a big deal to extend the time to 6:00 or 6:30 p.m., especially in the summer time, because he doesn't think that it will bother anyone because people aren't trying to sleep. He is not opposed to extending hours at night. Councilman Gorson doesn't see any harm in giving them extra time, because they want to get the job done. It was the consensus of the Council for them to start at 8:30 a.m. and work later, if they are pouring concrete. Mr. Waldbillig will contact Mr. Treppeda if they are pouring concrete and will be going beyond the 5:30 mark. Mayor Tantleff requested that they not start before 8:30 a.m., which is the current Code. Mr. Mulheren advised that the construction company has a yellow bus that sits and blocks a lane of traffic, waiting for the workers. He thinks that should be studied, before a blanket approval is given. Mayor Tantleff requested that Mr. Waldbillig make sure that the issues discussed by Mr. Mulheren are corrected. Mr. Waldbillig explained that the workers park off -site, to minimize traffic, and are bused in. Update on Real Estate Sign Regulation — Michael Miller: Mr. Treppeda explained that the Village Planner, Michael Miller, has done a study on the real estate signs in the Single Family District. Michael Miller, Village Planner, reviewed his report, which studies real estate signs within the community, specifically relating to the new construction trend of "mini -mansions," where people are placing walls around their properties. He explained that the current ordinance was written in 1974 and there have been two minor amendments. Mr. Miller reported that now it provides for a very small real estate sign (66 square inches — no more than 42 inches tall), which has to be within 10 feet of a residence. He displayed a sample of the size of the sign allowed. Mr. Miller noted that when a sign this small is placed within 10 feet of a residence, it is far from the road and when there is a wall in front of the property, the Regular Council Meeting 05/20/2003 8 204 sign cannot be seen. He explained that he was directed to look at whether it was a good idea to bring the sign up to the street, for the homes that have walls. Mr. Miller thinks that it would be unfair to allow someone with a wall to put the sign in front, instead of at the house, where everyone else is required to put it. He reported that he looked at real estate signs, sizes, and locations in other municipalities. Mr. Miller displayed a "for sale" sign that can be bought at stores, which is 108 square inches. He explained that standard real estate signs (Caldwell -Banker, etc.) are 1 '/ square feet, which is 216 square inches. Mr. Miller reported that some cities allow a hanger underneath that reads "pool, waterfront, available, etc." Mr. Miller reviewed the following options for the Council to look at: Option #1: Do not modify it and leave it the way it is. Option #2: Consider some amendment to allow the homes with perimeter walls and fences to have a sign on the street side to market their properties. Option #3: Modify the sign code to allow real estate signs closer to the road, for all homes. Option #4: Consider prohibiting real estate signs in all the single-family areas. Mr. Miller doesn't know if the Village can legally do this. He explained that he lives in a private community and no signs are allowed, but it's a private covenant that the homeowner association did. Mr. Miller doesn't know if the government can legislate that. Option #5: Modernize the sign code to allow a slightly large sign that's more consistent with what the market and the norm in the industry are. Option #6: Require a standardized frame and post design, where realtors would slide their sign into it, so there is some consistency in the neighborhood. Mr. Miller explained that the Village can also legislate colors, so there are no bright colors, to draw attention to the sign. Mayor Tantleff suggested that this be turned over to Councilman Berlin to make a recommendation to the Council, since he lives in the Security District. Assistant Mayor Roth agreed and thinks that the Council should do what the residents in the Security District want. Mayor Tantleff requested that the residents in the Security District let the Council know what they want. He also requested that Mr. Miller speak with Mr. Weiss regarding this. Mr. Weiss advised that this will be on the June Council meeting agenda, so he requested that the Security District speak with him before that time, so that when he presents an ordinance to the Council, it will reflect what they would like. Phil Corbisiero, resident — 63 Bal Bay Drive, recommended that artwork also be addressed. Mr. Weiss reported that some of the artwork has been discussed previously and what they are looking at now would not include that. He stated that he can look at that, if the Council would like him to. Mr. Weiss explained that would go beyond modemizing the sign code, because there are some real aesthetic considerations that are not within the attorneys' area of expertise. Mr. Weiss stated that if the Council wants them to do something, with respect to the sculptures, then he would be glad to, but right now it's not within what they were going to do. He advised that they need substaniative input, so that they would know what to write. Assistant Mayor Roth thinks that should be left as a separate issue and the Attorneys should just work on the signage. Mayor Tantleff advised that the Council will accomplish the signage first and then move onto the artwork. Mr. Corbisiero agreed. Regular Council Meeting 05/20/2003 9 205 Request to Expend Forfeiture Funds: Mr. Treppeda explained that Acting Chief Hunker is requesting to expend forfeiture funds for the following items: Vice, Intelligence, and Narcotics (VIN) Unit Expenses Rental of a Trailer ($350 Per Month through September 30, 2003) $1,750.00 Furniture Up to $2,000.00 Telephone Equipment $2,757.10 Telephone Service (Through September 30, 2003) $ 625.00 Confidential Informant Payment/Operating Expenses Up to $50,000.00 Overtime Expenses (To Date) $17,578.52 Overtime Expenses (Future) $12,000.00 Per Month Twelve -Hour Shift Project Up to $40,000.00 Vehicle Leasing Program (Through Maroone Ford for Command Staff): 1 Expedition $535.00 per month 2 Explorers $464.00 each per month 1 F150 Truck $539.00 per month $ 2,002.00 Per Month Nextel Cellular Telephones Approximately $ 2,000.00 Per Month Additional Radio Purchase $15,770.70 (6 new police radios for new officers and to use as spares) Boat Dockage Agreement $ 950.00 (with Ba1 Harbour Club, Inc. through October 31, 2003) Mr. Treppeda clarified that for the rental of the trailer, the police had asked for the money for the trailer for the upcoming year to be taken from the forfeiture fund. He advised that the Village Attorneys don't feel that they can take it out of forfeiture for next year, because it becomes a regular expense. He explained that the $350 per month would go to the general fund next year. Mr. Weiss stated that there may be a way that they can come back and fit that into the forfeiture category, but they can't the way that it is worded here. He advised that they may come back next month, if they can figure out a way to take it out of forfeiture, which is better for the Village, because it wouldn't come out of tax money. The Village Attorneys will work with the Chief on that. Acting Chief Hunker thanked Captain Greg Roye, who has taken on the forfeiture responsibility. He advised that in two weeks, they have seized over $386,000. Acting Chief Hunker also thanked Captain Smith and Captain Klingman, who have worked hard over the past month. He then thanked the Village Attorneys, who have worked great and have helped the police department out immensely. Mr. Treppeda advised that the current balance in the Forfeiture Accounts is $220,987.00 and an additional $386,195.00 is being held in a pre -forfeiture account, pending the completion of legal proceedings. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the expenditure of Forfeiture Funds for the above listed items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Request for Approval of Funds to Refurbish the Christmas Regular Council Meeting 05/20/2003 10 206 Tree at Founders Circle: Mr. Treppeda explained that the Christmas tree at Founders Circle has been there for many years and was last refurbished 14 years ago. He reported that the following bids were received: Howard Harrill Company Christmas Designers, Inc. Clark Sales Display, Inc. $14,985.00 $18,615.86 $13,718.75 Mr. Treppeda recommended the expenditure of $13,718.75 to Clark Sales Display, Inc., which will come from the resort tax fund. Mr. Raheb questioned if there is not a problem with the separation of church and state, since the Village is paying for a religious item. Mr. Weiss explained that, under the cases from the Supreme Court, the Christmas tree is not considered to be a religious item and is a sign of the season, so that's why he believes that this is an appropriate expenditure. Mr. Raheb questioned if that would cover, in Founders Circle, any other items that would be Buddhist, Jewish, etc. He questioned if there is anything else that the Village will pay for. Mr. Weiss advised that, at this point, it's just for the Christmas tree. Mr. Raheb questioned if the Village would pay for other items, if they're from other religions or other seasons that may not be a religious item, such as a Star of David or other things that might not be declared religious things. Mr. Weiss explained that if the Council decided to add other non- religious items to the holiday display, then the Council would be authorized to spend money to maintain those items, but there's no obligation on the Council to add other non- religious items to the display. Mayor Tantleff questioned if Clark Sales Display is a reputable company. Robert Wheldon, Director of Public Works, advised that Carpenter Decorating, which is the parent company, has a good reputation, so they should be reliable. Mr. Mulheren commended the Village for having Founders' Circle, because it beautifies the Village and shows Bal Harbour at its best. He commended the Council for updating the tree, because it needs to be updated. Mr. Mulheren complimented that the maintenance workers keep the area up to par. A motion was offered by Mayor Tantleff and seconded by Assistant Mayor Roth to approve $13, 718.75 to purchase supplies from Clark Sales Display, Inc. needed to refurbish the Founders Circle Christmas tree. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Request for Approval of Emergency Sewer Repairs: Mr. Treppeda explained that an emergency sewer repair needed to be done to hook the new home at 110 Camden Drive to the Village's sewer system. He reported that during a storm drainage project, in approximately 1996, the line was removed by Telcon. A motion was offered by Councilman Gorson and seconded by Councilman Jacobi to approve $8,834.00 for an after the fact emergency sewer repair at 110 Camden Drive. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Regular Council Meeting 05/20/2003 11 207 Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following recommendations, made by the Resort Tax Committee, at their meeting on May 8, 2003: 1. Tampa Home Show (May 16-18) $3,500.00 (Exhibitor Registration, Booth, Displays, Collateral Materials, Shipping, and Travel) 2. SpringFest 2003 Pensacola (May 30-June 1) $4,000.00 (Exhibitor Registration, Booth, Displays, Collateral Materials, Shipping, and Travel) 3. New Destinational Lure Brochures $6,000.00 4. Media Fam Tour — Six Writers from U.S. Media Outlets (June 12-15) $7,500.00 (Airfare, Lodging, Ground Transportation, and Meals) 5. Media Fam Tour with Sonesta — 7 Writers from Domestic Markets (April 24)$ 150.00 (Lunch at Carpaccio — Co -sponsored by Bal Harbour Shops) TOTAL: $21,150.00 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $21,150.00for the above listed Resort Tax Committee Items. The motion carried with the vote as follows: Mayor Tantleff aye: Assistant Mayor Roth aye: Councilman Berlin absent: Councilman Gorson aye: Councilman Jacobi aye. Mayor Tantleff explained that the Resort Tax Committee, which Councilman Berlin chairs, has been struggling the last few months as where to spend the money, due to the war. He reported that at the last meeting, they decided to go with a drive campaign, because tourism studies have shown that people are driving more than flying to places. 11. OTHER BUSINESS: Mr. Weiss reported that the construction hours for Sunny Isles Beach are Monday through Friday, 7:30 a.m. — 5:00 p.m., Saturday 9:00 a.m. — 5:00 p.m., and no construction on Sundays. He advised that for landscape equipment the hours are Monday through Sunday, 7:30 a.m. — 8:00 p.m. Babak Raheb, resident — 128 Balfour Drive, requested that a resolution be passed by the Village or a day be put aside for the performance of the U.S. troops in the Persian Gulf in Iraq, for appreciation day. Mr. Raheb discussed an ad that he saw in The Miami Herald, for the One Bal Harbour project. He advised that he has a problem with it, because the bottom of the ad states that they are only waiting for a final approval. He stated that there has only been the first reading and they haven't gone to the second reading yet, so to say that they are only waiting for final approval is a little misleading to the public, since there are so many things that aren't known yet (who the hotel is going to be, etc), for them to advertise to the public. Mr. Raheb advised that he has a problem and suggested that they do something about it. Mr. Raheb advised that at the last meeting he requested, regarding resolution 316 and its performances, in regards to the Association. Mayor Tantleff advised that Mr. Treppeda followed up on that. Mr. Raheb would like the Village Attorney to show him where the Village of Bal Harbour charges the Association a $7,500 management fee, because it's not in the resolution 316 contract. He advised that 316 gives the administration and employs the Association for that administration, for the sum of $10. Mr. Raheb questioned where it Regular Council Meeting 05/20/2003 12 208 states, in the resolution, that the Village has the authority to charge the Association. He advised that the landscape material for the last two years has been charged to the Association. Mr. Raheb stated that the special tax district, resolution 494, specifically states maintenance for the security purpose. He doesn't think that landscaping falls within that special group of tax district, so he doesn't see why they are charged for landscaping, when it's not part of the security apparatus. Mr. Treppeda advised that it's the Village's opinion that these are both appropriate and Mr. Raheb has a different opinion. Mr. Raheb would like to know under what basis the Village thinks that these are appropriate and under what section the Village believes that it allows them to charge this. He advised that resolution 494 does not specify anything but security matters. Mr. Weiss advised that the problem is that the Village looks at it from a different perspective. He explained that the Village is not charging the residential area; the Village is assessing the residential area and administering the security district and they have retained the homeowners association to provide a portion of those services. Mr. Weiss advised that, for that, the Village pays the money for the guards and the things that they do. He explained that the $7,000 that the Village charges itself is an internal accounting function, to take care of the time that the Village staff spends administering the Security District. Mr. Weiss advised that the Village does that to everybody. He explained that the Village Attorney services get charged to the police budget, water & sewer budget, etc. Mr. Weiss advised that this is just an internal charge to charge that special security taxing district for the funds. He explained that with respect to the landscaping, his understanding is that the landscaping that's being charged to this fund is landscaping around the guardhouse and that is part of the renovation of the guardhouse and the whole renovation process. Mr. Weiss stated that they think that is an appropriate expenditure. He explained that if they can spend money to renovate a guardhouse and to put in new gates, etc., then it's a reasonable ancillary expense to landscape that. Mr. Raheb disagreed with Mr. Weiss. He stated that regarding the Security District and because of resolution 316, he wants to make sure that the Village Manager notifies all of the Security District agents with its rules and regulations and how to follow them, in regards to ethics, disclosure, sunshine law, etc. Mr. Raheb thinks that the Village has been "waffling" this issue regarding the Association. He advised that he received some hate mail and is getting calls, because he is opposing certain action. Mr. Raheb doesn't think that the Village should just let it go and thinks that since the Village is charging for administration and is collecting the money, then it should have a better voice, instead of just passing the buck to the Association to make decisions. He advised that now he is getting some threats and he doesn't like that idea and is holding the Board responsible for that. Mayor Tantleff stated that if Mr. Corbisiero and the residents in the Security District are not pleased with the current ordinances of signage, in terms of art structures, then they should come back to the Council, with the input of all of the residents, and let the Council know how they want it corrected. He advised that the Council is going to look at signs, but if they are not pleased with the Code, then they should let the Council know and they will fix it. Mr. Corbisiero advised that it will come under consideration and the Board will get input. Mr. Mulheren commended the Council, the Village Manager, and Police Department for utilizing the forfeiture money in a very good manner, especially the police boat that has been out on patrol. Regular Council Meeting 05/20/2003 13 209 12. ADJOURN: There being no further business to come before the Council, a motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to adjourn. The motion carried unanimously (5-0), and the meetinz adjourned at I0:I0 a.m. Mayor Daniel S. Tantleff Attest: • Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 05/20/2003 14