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.
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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
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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
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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
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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:
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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
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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
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Regular Council Meeting 07/15/2003 9