Loading...
HomeMy Public PortalAbout2003-07-15 Regular MeetingCOUNCIL_ MINUTES REGULAR MEETING - JULY 15. 2003 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, July 15, 2003, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at 9:00 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. Jacobi, 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 is.d by Poli: e Chief Thomas Hunker. 3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Ruth. and seconded by Councilman Gorson to approve the minutes of the June 17, 2003 Regular Meeting. The motion carried unanimously (3-0), with Councilman Berlin and Councilman Jacubi absent, and the minutes were approved as submitted. 4. PRESENTATIONS: General Employee of the Month — Kendedrick Simmons: Ms. Kordalewski explained that Kendedrick Simmons was selected as the General Employee of the Month (June 2003) for his professional actions during an electrical fire at the Bal Harbour Park. Ms. Kordalewski presented Mr. Simmons with the "Employee of the Month" plaque for June 2003. Mayor Tantleff presented Mr. Simmons with a check, on behalf of the Village. Mayor Tantleff introduced Marisa Bluestone, Legislative Assistant to Senator Gwen Margolis. S. PUBLIC HEARINGS: None 6. ORDINANCES FIRST READING: None. 7. ORDINANCES SECOND READING/PUBLIC HEARINGS: None. 1 Councilman Jacobi arrived after the presentation to the Employee of the Month. Regular Council Meeting 07/15/2003 1 27 8. RESOLUTION: A resolution was read, by title, by the Village Clerk, revising the special assessment formula to be used for the Security District. Mr. Treppeda advised that the primary purpose of this resolution is to change the formula that is used to figure the security assessment, for residents in the Security District. He explained that currently apartments are charged 20% of the single-family home rate and the Civic Association has recommended that they be charged 50% of the single-family rate. Mr. Treppeda stated that the Council requested that additional research be done. He advised that he spoke with the Special District Department of Dade County. Mr. Treppeda advised that Charles Small will explain that in all of the special districts in Dade County, they charge the apartments the same amount as a single-family home. He stated that what the Civic Association is recommending is not as harsh as what the County charges their apartments. Charles Small, Miami -Dade County Special District Department, advised that currently Dade County has 42 security guard districts, about 60 landscape maintenance, over 800 street lighting and about half a dozen community development districts. He explained that they assess all of the security guard districts on a unit basis and condominiums, apartments, and single-family homes are all assessed like one unit or one pro-rata share of the cost. Mr. Small stated that in 1980, they were assessing their three security guard districts on the basis of millage and an Act was enacted by the State (the TRIM Bill) and anything that was levied on a millage basis was incorporated in the mill, which is capped at 10, so they abandoned all of the special assessment districts, which included landscape maintenance and security guard districts, at that time. He advised that in-house staff did a review and tried to come up with a non value -based assessment method that would as closely approximate value as it could and the one that had the least number of extremes and was the closest to a value method was the unit method, where everyone was assessed an equal share, on a pro-rata basis. Babak Raheb, resident — 128 Balfour Drive, questioned Mr. Small if any special taxing district in Dade County has to be approved by the Dade County Board of Commissioners or if any municipality can do it. He questioned if it's forbidden by Dade County Charter to create a special district. Mr. Weiss advised that's a legal question and Mr. Small isn't an attorney, so it's not fair to put him on the spot. Mr. Small stated that this is a local issue that is between the residents and the local government, so it should be handled here. Mr. Raheb discussed per unit charges. He stated that assuming that resolution 464 that allows this taxing district to go forward is valid (which he doesn't think it is) and if all units are going to be treated the same, then he thinks that it would be fair, but if the city decides that an apartment unit should be treated less than a housing unit or a single-family home, then that would open the door that all houses are not the same and he thinks that other methods should be used then. He stated that if it's going to treat everybody the same, then he wouldn't have any problem with that. Mr. Raheb stated that the Resolution clearly states that the City of Bal Harbour, under its Charter and Code, creates a Special Taxing District; however that power was granted to the City under Section 166021 of Florida Statute. He advised that Statute specifically states that the cities and municipalities have powers to create things, except if it's not pre-empted by Dade County Charter. Mr. Raheb read the following from the State Attorney General's Annual Report: "Municipalities may not create districts in Dade Regular Council Meeting 07/15/2003 2 County." He advised that the question was put to the Attorney General "May the City of Coral Gables create and establish a special taxing district within its municipal border, for the purpose of erecting municipal parking and assess the cost of the improvement directly against the property affected?" Mr. Raheb read that the Attorney General's comments were: "Since the Dade County Charter, pursuant to authority vested in the Florida Constitution, preempts the municipalities within the County from creating a special taxing district, the City of Coral Gables may not create and establish a special purpose taxing district within its municipal border, for the purpose of erecting a municipal parking facility and assessing the cost of the improvement directly against the affected property. Your question is answered in negative, pursuant to Section 166021(3) of Florida Statute Municipal Home Power Rule Act, municipalities have broad power; however those powers must...subject preempted to County pursuant to County Charter, adopted under the authority of Subsection 1(g) of 3 of Article 8 of State Constitution bars that. This office has previously held that levying of assessment for special benefits is a proper function of municipalities, pursuant to Section 166021, so long that it has not been expressly preempted by the State and the State Government or Constitutional or General Charter." Mr. Raheb advised that by ordinance the State County Charter reads "The Board of County Commissioners shall be the legislative and governing body of the County, shall have the power to carry and accept metropolitan government. This power shall include, but not be limited and restricted to, by ordinance, establish, merge, abolish special purpose districts within which may provide police, fire protection, beach erosion, recreation, water, streets, sidewalks, street lighting, waste, sewage, dispense drainage and other essential facilities and services. All County for such districts shall be provided by either service charge, a special assessment, or a general tax levy and within such district only and the Board of County Commissioners shall have the power over it." Mr. Raheb stated that the question is whether Resolution 464, under Dade County Charter, if the City even has a right to create a special assessment. He advised that a special taxing district, by definition, is for capital improvement. Mr. Raheb stated that in 1986 the security gate already existed and he doesn't consider running a security program a capital improvement. He advised that as residents of that district, they own the streets, so for a public institution or a city to come and just for the purpose to create it to collect money on behalf of the residents, is not the proper function of the city. Mayor Tantleff stated that Mr. Weiss and Mr. Treppeda have heard this issue and the Village is fine. Mr. Weiss stated that he has had long conversations with Mr. Raheb about this issue and there's a specific provision in the Village's Code that allows for the creation of the Special Taxing District that was enacted many years ago. He thinks that the issue in front of the Council today is what the correct assessment method is. Mr. Weiss stated that the section has been in the Code for a very long time. He advised that the District has been functioning. Mr. Weiss explained that he has looked at some of the material that Mr. Raheb is speaking about and the attorneys are not concerned about it. He advised that he respects what Mr. Raheb has to say, but doesn't think that is the issue today. Councilman Jacobi questioned Mr. Small how many special districts there are. Mr. Small advised that there are 42 security guard districts (12 of them are roving police officer and 30 are stationary guard house type operations). He advised that there are actually 37 stationary guardhouses in 30 districts (some of the districts have more than one guardhouse). Councilman Jacobi questioned if the other districts are using a 100% assessment, with everybody paying the same. Mr. Small advised that they are and the only difference is that they differentiate between a vacant lot and a developed lot. Mr. Treppeda advised that the Village also does that (vacant lots pay 50%). Mr. Small explained that some of the older Regular Council Meeting 07/15/2003 3 29 districts use a 1/3 assessment (for vacant lots), but now they are almost standard at '/ assessment for a vacant lot and a full assessment on a developed lot (townhouse, condominium, duplex, etc). He advised that every unit developed is assessed an equal share (a duplex would be assessed two units, a 200-unit condominium complex would be assessed for 200 units, a single-family 862 square foot home would be assessed as one unit, a multi million dollar mansion on the bay would be assessed as one unit, etc.). Mr. Small stated that every occupied unit, no matter what the size, is assessed the same. Mayor Tantleff advised that the Council have all read a letter sent by Mr. Holder and he spoke with him last night. Sylvia Holder, resident — 24 Bal Bay Drive, advised that her husband could not come today, so he sent a letter. She doesn't think that it's fair for a million dollar house to pay the same as a $100,000 apartment. Ms. Holder suggested considering the number of bedrooms. She thinks that some of the houses have more bedrooms, which creates more people, more children, more friends, etc. Sandra Dunn, resident — 208 Park Drive, and Civic Association Board Member, agrees that everyone should pay 100%. She advised that the Board did a lot of research on this matter and they came up with, the apartments paying 50%, because the increase (to 100%) would be a large increase all at once for people who are not accustomed to it. Ms. Dunn stated that the property taxes are assessed on square footage, which is the way it should be, but feels that when it comes to security the residents all want the same thing and there is no price on that. She stated that in keeping with the decision that the Board made, 50% would be fair for those who are not used to it, but in keeping with the protection of the community, everyone should pay 100%, because security is not based on the property (rooms, size, etc.) and everyone wants the same protection. Ms. Dunn requested that the Council consider that this is for the protection of the community, not based on where everyone lives. Betsey Bystock, resident— 80 Park Drive #5, pointed out that everyone wants security, but feels that the services related to the security (how many times, how many people come, how many calls, etc.) are related to the size of the unit and the amount of people that live there, as well as the amount of services. She doesn't think that it's an equal thing in that respect and hopes that the Council takes that into consideration. Amy Schwartz, resident - 61 Camden Court, and Civic Association Board Member, agreed with Ms. Dunn and Mr. Small. She stated that everyone is getting equal security and the apartments and other multi -family dwellings should pay what the single-family homes are paying. Ms. Schwartz stated that the Board didn't want to go to such a steep increase (to 100%). She advised that they're getting the same security, it's a wonderful place to live, they want to keep it that way and the Board thinks everyone should be equal. Adam Petrillo, resident —172 Camden Drive, thinks that the Village has had a system that works well and thinks that everyone benefits greatly from being a resident of Bal Harbour and should pay an equal share; however, he thinks that the system that the Civic Association has put into effect, by minimizing the total increase, benefits the multiple unit owners/renters, by them not having to pay a full increase. He doesn't think that counting bedrooms makes any sense, because some people could live in a three -bedroom home and only have one occupant. Mr. Petrillo thinks that the system should be kept simple. He stated that there are 34 other special taxing districts that do the same thing and there's no reason for Bal Harbour Regular Council Meeting 07/15/2003 4 to be different. Michael laslovits, resident — 168 Camden Drive, advised that he is on the Board and advised that this is a simple method and the Board did take into consideration all of the condo owners and did not do a steep increase. He doesn't think it's that unjust, because the size of the house doesn't matter because security efforts are all the same. He thinks that the benefits are all the same and this is a wonderful place to live in. Mr. laslovits wanted to lend his support to what the Board voted on. Gabriela Webster, resident — 30 Park Drive #15, advised that the purpose of the Civic Association had been primarily to create civic duty and encourage that. She stated that this particular issue has gone out of control and thinks that the city has done a wonderful job of maintaining high standards, providing excellent services, and security is one of them. Ms. Webster wouldn't compare it to anywhere else in Dade County, because it's not the same. She thinks that the city will do the fair and right thing, which may be more of a sliding scale based on square footage, pro-rata rate, etc. Ms. Webster doesn't think that the millage rate would work, because it would detract from the city's possible revenue. She thinks that there is a difference in services and thinks that a homeowner living in a multi -million dollar home has a material vested interest in higher services or has a greater value or more at risk, than a one or two bedroom apartment. Ms. Webster thinks that it's a matter of fairness and equity. She hopes that the city puts this issue to rest. Assistant Mayor Roth questioned if the Village knows the basis of the 100% and 20% and how far back that goes. Mr. Weiss thinks that it goes back 20 years and thinks it was a compromise. Mrs. Horton stated that they changed the formula in 1992. Mr. Weiss stated that they would have to look back to see what the original formula was. Mayor Tantleff closed the public hearing. Mayor Tantleff stated that the Council isn't going to do anything to shock the system. He stated that the Council knows that everyone is on a budget and he is in favor of increasing it, but is not going to do anything that will affect people's budgets drastically. Mayor Tantleff believes that everyone should pay 100% equally, because the police do the security within the gate, so it's just the gate access. He thinks that unless a study is done, it's not known if a young couple who lives in a two bedroom apartment have tons of friends over and someone living alone and has.. He thinks that unless it is broken down who is visiting who on a daily basis and how many people have a pool person, etc. the fairest way to do it is to have everyone pay the same. Mayor Tantleff is not in favor of doing anything this year that shocks anybody's budget. Assistant Mayor Roth thinks that an increase is in order, but doesn't know the magnitude. His fairest thought is to double the current amount (go from 20% to 40%) and then re -visit it in a year. Assistant Mayor Roth suggested keeping the first unit at 100% and then the following units pay 40%. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve this resolution as amended, by increasing the units to 40% that are currently paying 20%. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Thus becoming: Regular Council Meeting 07/15/2003 5 31 RESOLUTION NO.645 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, REVISING THE SPECIAL ASSESSMENT FORMULA TO BE UTILIZED FOR THE SECURITY DISTRICT FOR THE RESIDENTIAL SECTION OF BAL HARBOUR (THE "SECURITY DISTRICT") AS PROVIDED BY RESOLUTION NO. 464, BY REVISING THE ASSESSMENT UPON EACH UNIT OF APARTMENT BUILDINGS (COOPERATIVES, CONDOMINIUMS, ETC.) AFTER THE FIRST UNIT OF EACH SUCH APARTMENT BUILDING; PROVIDING FOR UTILIZATION OF SUCH NEW ASSESSMENT FORMULA FOR ASSESSMENTS THAT SHALL BE APPLICABLE TO THE FISCAL YEAR COMMENCING OCTOBER 1, 2003, AND THEREAFTER; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. Mayor Tantleff advised that this issue will be revisited again next year to see what will be done. 9. RE -APPOINTMENT OF POLICE RETIREMENT BOARD MEMBER: Mr. Treppeda explained that Sean Clancy submitted his resignation as a member of the Police Retirement Board. He requested that the Council reappoint Edward Garazi, who has agreed to serve again. Mr. Treppeda suggested posting the Police Retirement Board Member opening on Channel 20, to receive resumes of interested people. A motion was offered by Councilman Jacobi and seconded by Mayor Tantleff to reappoint Edward Garazi for another term on the Police Retirement Board. The motion carried with the vote as follows: Mayor Tantleff ayes_ Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye: Councilman Jacobi aye. 10. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: Mayor Tantleff advised that he will be attending the Florida League of Cities meeting next month in Orlando, representing the Village. Assistant Mayor Roth thanked Mr. Treppeda and advised that the beach renourishment is going very well. He suggested having access by building a ramp made out of sand, which has worked well. B. VILLAGE ATTORNEY: None. C. VILLAGE MANAGER: Request to Expend Forfeiture Funds for Take Home Vehicle Pilot Project: Mr. Treppeda explained that Chief Hunker is requesting approval to expend forfeiture funds for the take home vehicle pilot project for the following items: Regular Council Meeting 07/15/2003 6 Vehicles 1) 2 New Ford Explorers 2) 3 Ford Crown Victorias TOTAL COST FOR 5 VEHICLES Vehicle Equipment 1. Emergency Lights/Sirens 2. Radio 3. Defibrillator 4. Stripping TOTAL EQUIPMENT COST PER VEHICLE TOTAL EQUIPMENT FOR THE THREE VEHICLES Each Up To Each Up To Up To $ 26,000.00 $ 25,000.00 $127,000.00 $ 3,000.00 $ 2,700.00 $ 3,500.00 $ 100.00 $ 9,300.00 $ 27,900.00 Mr. Treppeda explained that this is for a program trial basis, with the supervisors only, at this point. Chief Hunker advised that the vehicles would be purchased. A motion was offered by Councilman Jacobi and seconded by Assistant Mayor Roth to approve the expenditure of up to $154,900.00 in 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. Renewal of Contract with Zambelli Internationale for the 4th of July Fireworks: Mr. Treppeda requested approval to extend the contract with Zambelli Internationale for their annual 4th of July fireworks, from 2004 through 2007. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve a contract addendum with Zambelli Internationale, to cover the 4`h of July fireworks displays for 2004, 2005, 2006, and 2007, with a cost of $17,2000.00}or years 1 and 2, and $18,150.00 for years 3 and 4. 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 for Sidewalk Repairs on Jetty: Mr. Treppeda requested up to $3,500 to repair a tripping hazard at the jetty, which he would like to do as soon as possible. He advised that the Engineer checked the price that the Village received, which he has said is very competitive. Mr. Treppeda explained that he doesn't want to wait to get other prices and would like to get this done. Councilman Jacobi reported for the record that he has a client who had an incident at the jetty, but he doesn't represent him in any way. A motion was offered by Assistant Mayor Roth and seconded by Mayor Tantleff to approve up to $3,500.00 for the repair of a hazardous condition on the concrete surface of the jetty. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Discussion Regarding August Council Meeting: Mayor Tantleff advised that the Council never has a Council meeting in August. He stated that the Resort Tax Committee is reviewing the Public Relations and Advertising Agencies, so they are having an August meeting. Mayor Tantleff stated that unless anyone else feels strongly, Regular Council Meeting 07/15/2003 7 33 there will not be an August Council meeting. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi that there be no Council meeting scheduled for August 2003. The motion carried with the vote as follows: Mayor Tantleffave; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. Resort Tax Committee Recommendations: Mr. Treppeda reviewed the following items that were recommended for approval by the Resort Tax Committee, at their meeting on July 10, 2003: 1) Lunch for Coastal Communities (July 2, 2003) $ 50.00 (Coastal Communities Tourism Directors Meeting) 2) Tourism Web Site Updates (July) $ 719.50 3) New York Times Travel Expo Booth (February 2004) $ 3,000.00 4) Latin America Sales Mission Video Production (July) $ 600.00 5) Individual Media Visits — Six Journalists (July, August, & Sept.) $10,760.00 (Airfare $3,000, Hotel $2,160, Transportation $2,000, Meals $3,600) TOTAL: $15,129.50 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $15,129.50 in resort tax funds for the above listed items. The motion carried with the vote as follows: Mayor Tantleffave; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson ave; Councilman Jacobi aye. Mayor Tantleff announced that The Miami Project to Cure Paralysis is planning a spectacular event at the Bal Harbour Shops in February 2004. 11. OTHER BUSINESS: Mrs. Horton advised that the Council needs to select Budget Hearing Dates from the following: First Budget Hearing September 09, 2003 5:15 p.m. Second Budget Hearing September 23, 2003 5:15 p.m. Or First Budget Hearing September 11, 2003 5:15 p.m. Second Budget Hearing September 23, 2003 5:15 p.m. It was the consensus of the Council to have the First Budget Hearing on September 11, 2003 at 5:15 p.m. and the Second Budget Hearing on September 23, 2003 at 5:15 p.m., moving the Regular Council Meeting to September 23, 2003 at 4:00 p.m. Babak Raheb, resident —128 Balfour Drive, stated in response to Mr. Weiss regarding the Code that has been in existence for many years, he advised that the Charter does not grant the city the specific power to create special taxing districts, in his opinion. He advised that he has spoken to the Office of the Attorney General and stated that the city could ask Regular Council Meeting 07/15/2003 8 31 for a legal opinion from the Attorney General that avoids costs to the city of litigations, etc. Mr. Raheb suggested that the Council ask the Village Attorney to ask for the Attorney General's opinion, because the way he reads it, it doesn't give that power. He stated that the general powers under the Charter reads "The Charter's general power exists on municipal home power rule Florida Statute 166021." Mr. Raheb advised that under those it is specifically written in the Dade County Charter that a special taxing district cannot be created. He suggested that the Village authorize the Village Attorney to ask the Attorney General for an opinion. Mayor Tantleff announced that there is a General Employees Pension Plan meeting and then there will be a ceremony for the Chief. Mayor Tantleff thanked Mr. Treppeda, Mrs. Horton, Mr. Weiss, Chief Hunker and all the staff for all their hard work. 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 (4-0), with Councilman Berlin absent, and the meeting adjourned at 9:43 a.m. Mayor Daniel S. Tantle Attest: Xe4 7") / Jeanette Horton, MMC Village Clerk /eth P Regular Council Meeting 07/15/2003 9