Loading...
HomeMy Public PortalAbout2003-10-21 Regular Meeting55 COUNCIL MINUTES REGULAR MEETING — OCTOBER 41. 2003 The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, October 21, 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 Howard J. Berlin Councilman Peg E. Gorson Councilman Joel S. Jacobi Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Ellisa Horvath, Deputy Village Clerk David Wolpin, Village Attorney As a quorum was determined to be present, the meeting commenced. Mayor Tantleff announced that he and Chief Hunker attended the funeral service for David Samson (Mayor for Sunny Isles Beach). 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by representatives of Northern Trust Bank. 3. APPROVAL OF MINUTES: A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the minutes of the September 23, 2003 Regular Meeting, and the September 23, 2003 Second Budget Hearing. The motion carried unanimously (5-0), and the minutes were approved as submitted. 4. PRESENTATIONS: None. 5. PUBLIC HEARINGS: None 6. ORDINANCES SECOND READING/PUBLIC HEARINGS: None. 7. ORDINANCES FIRST READING: None. 8. RESOLUTIONS: A resolution was read, by title, by the Village Clerk, transferring designated funds for fiscal year 2002/2003. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve this resolution. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Thus Regular Council Meeting 10/21/2003 1 becoming: RESOLUTION NO. 652 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, TRANSFERRING DESIGNATED FUNDS, TRANSFERRING FUNDS RETROACTIVELY WITHIN THE GENERAL FUND AND SANITARY SEWER FUND FOR FISCAL YEAR 2002/2003. A resolution was read, by title, by the Village Clerk, authorizing the Village Manager to utilize Village funds to pay for certain medical services provided to Village employees and dependents. Mr. Wolpin recommended that the Council adopt this resolution, which would give the Village Manager the authority to resolve the bills of medical service providers, which is a problem caused by the failure of Nationwide Public Employees' Trust. Assistant Mayor Roth stated that there's one substantial item and suggested that the bills of the 64 employees that don't have an unusual amount be paid and then the remaining money can be applied to the large bill of the 1 employee. Mr. Wolpin advised that they will take that into consideration when working with the Manager on resolving the medical service provider claims. He explained that even with the one large bill, they expect that the bill will be reduced substantially for settlement purposes. Mr. Wolpin explained that his proposed resolution authorizes expenditure of up to $275,000 total and an additional $35,000 for special services of medical service claims adjusters. He advised that they have spoken to people who are experts in the area of reducing the collections of the medical service provider. Mayor Tantleff questioned Mr. Wolpin if it's his opinion that the amount will cover everybody. Mr. Wolpin agreed. He explained that they're not anticipating spending $250,000 on a $700,000 bill; they are anticipating paying much Tess than that. Mr. Wolpin advised that they will do it in a fair manner. Babak Raheb, resident - 128 Balfour Drive, clarified that this is for the coverage of insurance for the city employees. Mr. Wolpin explained that this is for the medical service provider bills for city employees and dependents health insurance coverage. Mr. Raheb questioned if this would also pay any medical bills for Council members. Mr. Wolpin stated that it would only pay to the extent that some of the Council member insurance bills may be among the huge batch that have not been paid, but the main impact of this is the bills of various employees. He explained that one particular employee has a huge medical bill (several hundred thousand dollars). Mr. Wolpin stated that this covers all of the employees that are under the group health insurance program. He advised that it provides authority to the Manager to negotiate and settle the unpaid medical service provider bills. Mr. Raheb stated that he has no problem regarding the city employees, but he objects to any medical bills that exist to be paid for any Council member. He advised that the law does not provide for this Council to have any insurance coverage. Mr. Raheb stated that if any Councilperson has medical bills and this city decides to pay those, then his contention is that the city has to be compensated by that Councilperson, because they are not supposed to have insurance. He advised that if the Council has insurance now, then it's not valid and is not voter approved. He stated that there was no resolution. etc. done on it. Mr. Raheb advised that if any Council has it, then he intends to hold that Council responsible and collect that on behalf of the taxpayers. Regular Council Meeting 10/21/2003 57 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve this resolution. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye, Councilman Gorson aye; Councilman Jacobi aye. Thus becoming: RESOLUTION NO. 653 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, CONCERNING HEALTH INSURANCE COVERAGE PROVIDED BY NATIONWIDE PUBLIC EMPLOYEES TRUST ("NPET") TO VILLAGE EMPLOYEES; AUTHORIZING VILLAGE MANAGER TO UTILIZE VILLAGE FUNDS TO PAY FOR CERTAIN MEDICAL SERVICES PROVIDED TO VILLAGE EMPLOYEES AND DEPENDENTS; AUTHORIZING VILLAGE TO ACCEPT ASSIGNMENT OF CLAIMS OF EMPLOYEES AND DEPENDENTS AGAINST NPET; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE. 9. REPORTS AND RECOMMENDATIONS: A. MAYOR AND COUNCIL: None. B. VILLAGE ATTORNEY: Mr. Wolpin requested authorization from the Council to work on a proposed ordinance that would clarify the definition of "hotel" under the Zoning Code. He explained that it's a clarification measure that they would like to work on. It was the consensus of the Council to approve authorization. Mr. Wolpin requested an "add -on" item to the agenda, concerning the employment status of the Village's Building Official. A motion was offered by Councilman Gorson and seconded by Assistant Mayor Roth to approve adding the Employment Status of the Village Building Official to the agenda. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Mr. Wolpin explained that the Dade County Board of Rules & Appeals, which has jurisdiction over municipal building officials and code inspections, issued a ruling stating that it's their opinion that the Building Official should be an employee of each municipality. He stated that it's important for the cities to take action to comply with the County's Board of Rules & Appeal interpretation, which states that the Chief Building Official, rather than being an independent contractor, should be an employee (have FICA withholding taken and workers' compensation provided for, taxes taken out of the paycheck, etc.). Mr. Wolpin advised that to comply with this, he is requesting that the Village Manager be authorized to establish the annual salary of Dan Nieda, the Building Official, at an amount of $10,000 per year, for those tasks that he performs as the Building Official, as mandated by the State of Florida Building Code. He stated that withholding and FICA would be deducted from that and he would be carried under the Village's workers' compensation program. Mr. Wolpin advised that would comply with the County's Board of Rules & Appeals ruling. He explained that additionally, Mr. Nieda would still receive compensation for all of the other work that he does (plan reviews, inspections, zoning reports, Architectural Review Board, etc.). Mr. Wolpin advised that in that capacity, Mr. Nieda would continue to work under his Regular Council Meeting 10/21/2003 3 prior contract with the Village as an independent contractor or consultant. He explained that they are looking to re-classify Mr. Nieda's status as continuing his role as an independent contractor for all the numerous tasks of his job, but the tasks that are strictly the mandatory Building Official functions, he would do as an employee of the Village. Mr. Wolpin stated that the Manager will be doing this, but under the Village's Charter, he is requesting a motion by the Council to authorize the Manager to take this action on the classification of the Building Official. Councilman Berlin questioned if this has been discussed with Mr. Nieda and if it's satisfactory to him. He also questioned if it's permissible under the County ruling, for Mr. Nieda to wear two hats. Mr. Wolpin advised that Mr. Nieda has accepted the Village's proposal to handling this matter. He explained that this approach is acceptable to the County Board of Rules & Appeals. Mr. Wolpin stated that it's likely that many of the other municipalities will be doing the same thing. He advised that this will continue the existing relationship between Mr. Nieda and the Village, but reclassifies his status. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to authorize the Village Manager to take the appropriate action on the classification of the Building Official. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. C. VILLAGE MANAGER: Request for Approval of Security District Funds for Guard House Maintenance Work: Mr. Treppeda explained that he is expecting additional information on this item and requested to skip it at this time. This item was discussed later in the meeting. Request for Approval of Beer & Wine License (2COP) for Lea's Tea Room: Mr. Treppeda advised that Lea's Tea Room, at the Bal Harbour Shops, is requesting approval for a beer & wine license. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to authorize the Village Manager to sign the (2COP) license application for Lea's Tea Room, indicating compliance with the Village Code. The motion carried with the vote asfollows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councibnan Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Request for DPC General Contractors, for Extended Work Hours: Mr. Treppeda reported that DPC is requesting extended work hours for asbestos removal and soft demolition at the Harbour House North building. Mayor Tantleff stated that if complaints are received, then any approval would be revoked. Bill Gardner, DPC General Contractors, Inc., explained that they are requesting "quiet" work (putting drywall mud on the walls, paint, etc.) time that would commence at 7:00 a.m. He advised that any noisy work would start at the normal working hours. Mr. Treppeda clarified that they were asking for the actual demolition of the building. Mr. Gardner agreed and explained that he is asking that the Council look at this for the quiet work of the demolition portion and for the entire project also. He explained that the demolition work Regular Council Meeting 10/21/2003 4 59 would be done inside. Mr. Treppeda explained that it would be inside work clone within the existing walls of the building. Mr. Gardner advised that it is not jackhammer work or anything else, but is only the quiet items that need to take place. Assistant Mayor Roth stated that if it's quiet and the Village has the authority to stop it if there are any complaints... Mr. Treppeda advised that there are some conditions in the Code that the Building Official has the right to rescind the permission for non-compliance. He explained that the Code allows them to start at 8:30 a.m. and work until 9:00 p.m. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve DPC to start "quiet work" at 7:00 a.m. at the Harbour House North building, with the following stipulations: work is to produce minimal noise and is limited to the inside of the building, the Contractor will handle and address any complaints from residents at the Harbour House South building, and the Building Official has the right to rescind this permission for non-compliance. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. WCI Request to Place Modular Model of Hotel Room under Haulover Bridge: Mr. Treppeda explained that WCI has requested to place a modular model of a hotel room and construction trailers under the Haulover Bridge. He advised that a map is included in the agenda. Mr. Treppeda stated that conditions that the Village have made are: 1. Written permission must be provided by the Department of Transportation, which is the owner of the property. 2. Liability waivers must be provided to both Bal Harbour Village and the Department of Transportation and each entity must be listed as additional insured on the liability insurance policy of WCI and the contractor(s) utilizing the construction trailers. The liability limits shall be in an amount acceptable to Bal Harbour Village. 3. The Village will be paid $150.00 per day to compensate for lost meter revenue. 4. The site plan for the model hotel room and construction trailers must be approved by the Architectural Review Board. Mr. Treppeda explained that those are items and that he and the Building Official discussed, as well as the Village Attorney. Dan Nieda, Building Official, discussed the parking for people that are coming over to the model center. He stated that part of the plan facilitates contractual parking and the project itself will have off -site parking, if possible. Bill Gardner, DPC General Contractors, inc., advised that they will be using Haulover for parking. Mr. Nieda questioned how the people will be brought over to the model center. Mr. Gardner advised that they will be parking at the Bal Harbour and the Harbour House facility and will be brought over with golf carts by sales people. Mr. Nieda thinks that should also be made a condition (that the people coming to the model center be brought over in a golf cart from a remote parking site), because there's not enough room for people to park at the model center. Mr. Treppeda thinks that this will make the area look a lot better than it does today, because they will make it an attractive space while they are using it. Mr. Gardner agreed. A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve Regular Council Meeting 10/21/2003 ., the placement of a modular hotel room and construction trailers underneath the Haulover Bridge, subject to the following conditions: provide written permission by DOT (who is the owner of the property), provide liability waivers to both Bal Harbour and DOT, pay the Village $150 per day to compensate for lost meter revenue, receive approval by the Architectural Review Board for the site plan for the model hotel room and construction trailers, and bring people coming to the model center over in a golf cart from a remote parking site . The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Mayor Tantleff questioned if Haulover is going to approve the parking. Mr. Gardner advised that they reached an agreement contractually and have written a check, which the County is holding until they are ready to go. He advised that it is parking for construction workers. valet parking, etc. Mayor Tantleff requested that Mr. Gardner check his information, because as of last week, there was a provision in the County Charter that will not let them put the cars there. He advised that he has been in touch with Steve Sorenson and Commissioner Sally Heymen and he understands that hasn't been resolved yet. Mayor Tantleff requested that Mr. Gardner keep the Village posted. He advised that the provision in the County Charter does not let cars stay there overnight. Mr. Gardner will check on that, Request for Approval of Proposal to Conduct Inventory & Valuation of Village Assets: Mrs. Horton explained that under the new GASB-34 (Government Accounting Standards Board) the Village has to conduct a physical inventory every 3-4 years. She advised that the last time it was done in 1999, by the same company (The Valuation Advisory Group, Inc.). Mrs. Horton reported that the Village also has to conduct an inventory of the infrastructures. She advised that a proposal was received from The Valuation Advisory Group, Inc. for $5,500.00 to conduct both inventories. Mrs. Horton explained that the Village's CPA, Jerry Chiocca —Rachlin, Cohen. & Holtz, advised that this is a very good price for what the Village needs to have done. She advised that the Village is mandated to do this, since it's the fourth year coming up. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $5,500.00 for The Valuation Advisory Group, Inc. to perform an inventory of all Village property as required by GASB-34. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye;_ Councilman Jacobi aye. Mutual Aid Agreement with the Miami Beach Police Department: Mr. Treppeda reported that Chief Hunker is requesting that the Council approve a Mutual Aid Agreement with the City of Miami Beach Police Department, which would cover liability issues, when the Village is doing joint operations with them. He advised that the Free Trade Area of the Americas is coming to the area and they expect 100,000 protestors in the Miami area, which is one of the reasons the Chief would like to enter into this agreement. A motion was offered by Assistant Mayor Rotlz and seconded by Councilman Jacobi to approve entering into a Mutual Aid Agreement with the Miami Beach Police Department. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Regular Council Meeting 10/21/2003 6 61 Request to Expend Forfeiture Funds: Mr. Treppeda explained that Chief Hunker is requesting to expend forfeiture funds in the total amount of $98,679.60 for the following items: Charitable Contributions. Crime Prevention Program Cost $15,000.00 Village South Drug Treatment Facility $ 5,000.00 His House $ 3,000.00 Breast Cancer Walk (through Miami -Country Day School) $ 3,000.00 Juvenile Diabetes $ 5,000.00 Make a Wish Foundation $ 5,000.00 Reach for the Stars $ 5,000.00 Marion Center $ 5,000.00 Gold Coast Chamber of Commerce Wheelchair Program $ 3,000.00 Prepaid College Fund $ 5,000.00 (For the Children of Fallen Bal Harbour Officer John Melendez) Surveillance Equipment (For Vice, Intelligence, and Narcotics (VIN) Unit) Motorcycle Lease (For One Additional Motorcycle, Through January 31, 2006) Firearms Purchase (For 10 New Glock Handguns to be used by the VIN Unit) Field Force Equipment (For the Free Trade Area of the Americas Conference in November) Computer Purchases (For Four Computers and Peripheral Equipment and Work Stations) $54,000.00 $10,000.00 $10,500.00 $ 4,799.60 $ 6,380.00 $13,000.00 A motion was offered by Assistant Mayor Roth and seconded by Councilman Gorson to approve $98,679.60 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 aye; Councilman Gorson aye; Councilman Jacobi aye. Request for Approval of Engineering and Landscape Architect Fees for 96th Street Landscaping Project: Mr. Treppeda explained that the Village permitted the center median portion for landscaping on 96th Street, but at that time the Village didn't realize it was going to have the agreement with WCI to pay for the entire $550,000 of the project. He advised that the Village has now instructed its Engineers and Landscape Architects to design for the north and the south side (which is in Surfside). Assistant Mayor Roth thinks that the Surfside portion should be clarified. Mr. Treppeda thought that the Council would want to do the entire street, because otherwise it would be Regular Council Meeting 10/21/2003 unbalanced. Assistant Mayor Roth advised that his opinion is that half of the median should be Surfside too, but he doesn't mind paying for that, He has an objection to paying for Surfside's side (the south side of 96th Street), because they have been very un- cooperative with the Village on some of the things that the Village would like them to do for the Village residents. Assistant Mayor Roth is totally against paying for the Surfside portion and thinks the Village should let people know the difference between Bal Harbour and Surfside. Councilman Jacobi suggested that the Village install a sign saying "thanks to Bal Harbour", so people will know that Bal Harbour put that project together, not Surfside. He is in favor of doing both sides, as long as there is something that shows that the Village put it together. Mr. Treppeda advised that this is to approve additional funding for the Engineer to design it. He explained that when it is at the point to put out to bid, he will come back to the Council again and can have it broken down into the north side and south side. Mr. Treppeda advised that at that point, the Council can decide if it only wants to do one side or not. He thinks that this should be approved today, because the medians have been empty for a long time and it cannot be started unless the design is done. Councilman Berlin suggested that Mayor Tantleff speak to Mayor Novack to see what can be worked out. Mayor Tantleff will do that. Mr. Wolpin advised that one alternative would be to authorize the design action to proceed, but provide for the Manager not to instruct the Architect to proceed (give the Manager the authority to move the Architect ahead, when the Manager directs the Architect to move ahead), so it won't have to wait until the next Council meeting. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve the design action to proceed and authorize the Village Manger to instruct the Architect to proceed, when appropriate. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Request for Approval Funds for Employee Holiday Event: Mr. Treppeda advised that $4,000 is budgeted for the Employee Holiday Event. He explained that this year the employees and one guest are invited to go on the Jungle Queen Cruise. Mr. Treppeda requested approval of $4,000. A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $4,000.00 for the Employee Holiday Event. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; 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 October 16, 2003: 1) Press Kit Dissemination $ 800.00 (For 100 Kits to Leading Travel Editors Nationwide, Production & Postage Costs) 2) Media Visits (November) $ 3,000.00 (For Airline Tickets, Ground Transportation. and Meals) 31 New Destinational Photo -Shoot $ 8.000.00 Regular Council Meeting 10/21/2003 8 63 (For New Brochure, Website, and other Collateral Materials) 4) Trade Show Booth Shipping Case and Carry Bags $ 688.30 5) Raffle Prizes to Support Convention Group at the Sheraton $ 1,000.00 (For Two $500 Shopping Gift Certificates for the Coalition of 100 Black Women Convention) TOTAL: $13,488.30 A motion was offered by Assistant Mayor Roth and seconded by Councilman Jacobi to approve $13,488.30 in Resort Tax funds for the above listed items. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin aye; Councilman Gorson aye; Councilman Jacobi aye. Mr. Treppeda requested a few minutes before proceeding with the agenda, to check the fax for additional information for tab D. Mayor Tantleff requested a recess for a few minutes. Councilman Berlin left the meeting at this time. Request for Approval of Security District Funds for Guard House Maintenance Work: Mr. Treppeda explained that the guardhouse has been in 24-hour operation for three years and needs maintenance (painting, walls are cracked, windows are cracked, etc.). He advised that bids were received from the following companies: BDC Consulting Corp. Excell Construction Co. Construction Depot, Inc. Nelson Contracting, Inc. $ 5,170.00 $ 6,803.00 $ 7,850.00 $13,162.50 Mr. Treppeda requested approval up to $10,000 of Security District funds, which is budgeted. He advised that he is waiting to clarify some things with the Contractors, before he gets a final amount. A motion was offered by Councilman Jacobi and seconded by Mayor Tantleff to authorize the Village Manager to expend up to $10,000.00 in Security District funds for maintenance work at the guardhouse. The motion carried with the vote as follows: Mayor Tantleff aye; Assistant Mayor Roth aye; Councilman Berlin absent; Councilman Gorson aye; Councilman Jacobi aye. 10. OTHER BUSINESS: Babak Raheb, resident —128 Balfour Drive, advised that Bal Harbour currently spends approximately $25,000 for life insurance and health insurance for the Council members, which he considers a form of compensation. He stated that no resolution was passed that allows the city to spend for such insurance policy, so he does not want the taxpayers to be responsible for that. Mr. Raheb reported that in Bay Harbor, Surfside, Sunny Isles, Aventura, and Dade County the commissioners do not get health insurance or insurance coverage whatsoever. Mr. Raheb discussed the salary for the Council and advised that according to the Charter it is $1 or $10. He advised that according to Mrs. Horton's research, in 1977, a resolution was passed to increase that to $100 per person and $150 for the Mayor. He stated that the Dade County constitution requests that must be done by voter referendum. Mr. Raheb Regular Council Meeting 10/21/2003 9 explained that the taxpayer will give the right to give an increase in salary or compensation (insurance, etc.) and the city does not (it cannot simply pass itself a resolution giving itself a raise). He advised that was done in 1977. Mr. Raheb advised that it's his opinion that it's incorrect and must be corrected. Mr. Raheb discussed the expenditure for the police fund. He stated that Golden Beach has a revenue of $7 million a year from ad valorem taxes and they spend approximately $1 million on their police department. Mr. Raheb advised that the City of Bay Harbor, which has a population 5,123, has a $12.7 million budget and spends $2.7 million on the police department, which is approximately 22% (of the budget). He reported that the City of Sunny Isles has a budget of $15 million and approximate population of 15,000 and the overall police department budget is approximately $5 million, which is about 1/3 (of the budget). Mr. Raheb stated that Aventura has a population of 25,000 and about 80 officers, 1 (police officer) for 312 (people). He advised that in Bal Harbour there is approximately $3.7 million ad valorem taxes collected and $3 million of that is spent on the police department. Mr. Raheb stated that the overall budget is approximately $6 million and nearly half of that is spent (on the police department), for a city with a population of only approximately 3,000. He explained that for every city that is proportionately bigger than Bal Harbour, the proportion to overall budget is a lot less. Mr. Raheb would like to see either a referendum or a resolution that ties the expenditure of the police department proportionately to the intake of the revenues, so there will not be the problem that exists today where the Council had to pass a resolution because the budget was short (to take from one department for another). Mr. Raheb stated that he has reviewed the bills that the City Attorney has given, regarding the Security District, for $21,000. He advised that they spent nearly 105 hours regarding ethical questions regarding the previous Mayor. Mr. Raheb reported that he has tried to contact the City Attorneys to have their books available for an independent audit and he has not been successful in getting in touch with them. He requested that the City tell the City Attorney whether they, at their convenience, have their books ready, because he believes in his opinion that the City and the taxpayers were overcharged regarding the bill that the Attorney submitted. Ana Marie Kelly, resident — 77 Camden Drive, explained that about a year ago she requested some information from the Council. She advised that she was told to put it in writing, which she did. Ms. Kelly stated that in response she received a letter, which has disappeared, in regards to the ownership and the actual cutting, watering and maintenance of privately owned property in the City of Bal Harbour, residential section. She stated that when the club separated from the Village. relinquishing the rights of first refusal, the common elements in the Park district were quick claim deeded to the Civic Association, which is shown in the tax rolls as Tract E and are privately owned and taxed. Ms. Kelly advised that she has film showing Bal Harbour employees cutting and watering the grass, planting new plants, and maintaining the property. She stated that when she asked for the bills charged to the owners of the lots for the cutting and gardening maintenance, both for vacant lots and parks, she was given something in writing showing that there were none. Ms. Kelly advised that they cut her grass on a Saturday and sent her a bill for over $7,000 and then decided to try to foreclose on the property for non-payment of cutting her grass, which she thinks is strange. Ms. Kelly stated that her other request was for payroll records of the time spent in the residential section of Bal Harbour. Ms. Kelly understands that over $300,000 is spent in the cutting and watering of the grass, which only benefits 10% of the Regular Council Meeting 10/21/2003 10 65 population. She stated that if 100% of the population is paying for the enjoyment of 10%, then there's a problem, Ms. Kelly advised that if the Village has the audacity to cut other people's private grass, meaning the Civic Association...She stated that the Village doesn't bill them or foreclose on their property and questioned how the Village has the audacity to go into court and foreclose on her— a resident. Ms. Kelly questioned where the equity is of a city that for the past 30 years has not charged for the cutting, maintenance and watering. She stated that it's not only the cutting and maintenance and advised that new sprinkler systems were installed. Ms. Kelly questioned at whose expense that was done. She stated that it was not only the residents of the residential section, but all along Collins Avenue. Ms. Kelly stated that those taxes are not broken down to say 10% of that money is for the cutting and maintenance of the property. She advised that 90% of the work of the City employees is done in that Village, to the benefit of only 10%, but if a person who lives across the street would like to walk in the park lands that are cut and maintained by the City, then they are refused at the gate. Ms. Kelly would like some answers and advised that she asked this a year ago. She advised that she received a letter from Mrs. Horton stating that the Village does not cut private property. Ms. Kelly explained that she has spoken to Mr. Treppeda many times and if she asked him today, he would have to say that the Village does. She questioned Mr. Treppeda if the Village does or doesn't cut grass on private property. Mr. Treppeda doesn't think that Mrs. Horton would ever write a letter saying that. Ms. Kelly advised that Mrs. Horton wrote the letter and now it's missing. Mrs. Horton explained that when Ms. Kelly asked if the Village cuts private property, she thought she meant homeowners' grass, not the Civic Association. She stated that she was in a trailer for over a year and a lot of things are misplaced and some are in storage, which are being researched now. Mrs. Horton stated that the letter she sent to Ms. Kelly might be there. Ms. Kelly advised that she will wait for Mrs. Horton to go through the boxes to find the letter. Mrs. Horton advised that there are 150 boxes. Mr. Treppeda advised that nobody is saying that the Village doesn't cut the grass in the residential area and he advised Ms. Kelly that the Village does. Ms. Kelly wants verification that for 30 years this has been put under the table and if nobody says anything then it's fine and dandy and the City will continue to expend $300,000+ for 10% of the population on the tax rolls of the people who live across the street. She stated that those people also pay, but do not get the enjoyment of the usage of the parks in the city of Bal Harbour. Ms. Kelly stated that if it's paid for by city funds, then the general populace of the city of Bal Harbour should have the availability of access to those park lands, not just the residential section, which is why she is making an issue of this. She advised that she also owned a vacant lot in Bal Harbour many years ago and the City cut that grass and she was never billed. Ms. Kelly stated that this is a standard procedure. She stated that whether it was a backroom deal that was made 50 years ago, she doesn't know because she wasn't there, Ms. Kelly does know that it's being maintained, watered, cut, etc. by the employees of Bal Harbour. Ms. Kelly stated that the park lands along Park Drive have not been cut. She explained that former Mayor Berlin once said that the Village is going to put the teeth into people that don't obey the Code. Ms. Kelly displayed a sample of a blade of grass on Park Drive. She advised that 6 inches is the requirement. Ms. Kelly made a formal complaint as a resident of Bal Harbour and questioned who the Village is planning to cite (the Civic Association or the City). She stated that the grass is a violation of the Code and requested that the Village get its teeth into the people who violated the Code, once it knows who they are. Ms. Kelly advised that there are no bills (for employees maintaining the areas in the Security District). Regular Council Meeting 10/21/2003 1 1 Ms. Kelly discussed "roach wagons" (the trucks that drive in to feed the employees of the developers in the Bal Harbour area — residential section). She stated that on the building sites in Bal Harbour, such as the Bellini, they have a driveway and somewhere to pull in. Ms. Kelly reported that (in the Security District) they park in front of the construction site and sometimes they'll honk their horn. She read the following from the Village Code, Chapter 17, "Street Sidewalks and Other Public Places": Sec. 17-1. Sale of goods or services on Streets, public property. "It shall be unlawful for any Person on any Street or public property within the Village to sell, offer for sale, solicit the sale of, or announce by any means the availability of any goods, wares, merchandise, or services or newspaper publications, or have in his possession, control or custody. whether upon his person or in or upon some other object, any goods, wares or merchandise which the public may purchase, at any time. This section shall not apply to the sale of products from newsstand machines authorized under the provisions of Chapter 9..." Ms. Kelly advised that she brought this issue to the Council's attention, because she doesn't like them honking their horns at 9:00 in the morning and parking in the street. She thinks that it's dangerous and that someone could be hurt by them, etc. Ms. Kelly stated that she was told that she has the wrong Code section, but she thinks that it's clear when it says "it shall be unlawful for any person on any street." She advised that it also discusses goods or services on streets, public property and says "on any public street," so it's very clear that the authors of this ordinance wanted no street to have any kind of sales. Ms. Kelly advised that when she made the issue she was told that she cited the wrong code section and the code section that they were citing was section 12-4 "Entering private property for purpose of peddling or soliciting." Ms. Kelly read the following from the Code: "It shall be unlawful to engage in the business of peddling at retail or to engage in the practice of going in and upon private residences, business establishments or offices in the Village in the capacity of a solicitor, peddler, hawker, itinerant merchant or transient vendor of merchandise, for the purpose of soliciting orders for sale of goods, wares and merchandise or for the purpose of disposing of or peddling or hawking goods, wares and merchandise, without having been requested or invited to do so by the Owner or Occupant of the private residence, business establishment or office." Ms. Kelly stated that her understanding of what this Code means is that if someone invites a person into their residence. She advised that she was told that she is wrong and that a construction site or vacant lot is a residence, as long as an Owner invites them in. Ms. Kelly stated that the Village has a requirement that in order for it to become a residence, it has to have a certificate of occupancy. She questioned why the Village would require a certificate of occupancy on a vacant building or building that's under construction. if according to the Code the Village is considering it a private residence. Ms. Kelly questioned which it is and if it's a residence or if the Village is requiring a certificate of occupancy before it's a residence. She questioned if people are allowed to park in the street. Ms. Kelly advised that she is thinking of getting a wagon, selling condoms and having her friends in Bal Harbour call her and tell her to park in front of their house and sell condoms. She stated that she doesn't think that she would be on the streets for long, but it's a possibility. Ms. Kelly advised that nothing would surprise her in the City of Bal Harbour. Ms. Kelly explained that since there is a controversy of who owns what and who pays for what... She advised that her water was shut off, because she received an erroneous bill for $900, which was charged to her because the meter wasn't read. Ms. Kelly stated that it Regular Council Meeting 10/21/2003 12 67 took the Village three months to figure it out, but her water was still shut off. She advised that in order to establish rights and wrongs she has asked for a permit to put up a fence on her property. Ms. Kelly explained that according to the Village Code, she is allowed to put a 5-foot fence on her property line. She questioned where her property line is. Ms. Kelly believes that the City has billed her for the paving of half of her street and, since she lives on a corner, she was billed for the entire section, both Camden Court and half of Camden Drive. She advised that maybe she will put up a fence exactly on her property line, which runs down the center of the street of Camden Drive, since it has never been deeded to anybody but her. Ms. Kelly explained that she will then charge $30 for a gadget that may cost her $5, just like the Civic Association, and those people that want to go through without stopping can pay her the $30. She advised that she will then hire somebody who lives in the residential section, like Kent Security, to stop people that want to go through her little section of property, just like the Civic Association does. Ms. Kelly advised that the application will be filled out by her attorneys later today and submitted. She stated that she looks forward to hearing from everyone. Mayor Tantleff thanked Ms. Kelly for her comments. He stated that he doesn't know when Council meetings turned into an addition of a Civic Association meeting, using so much of the Council time, which is fine and that's what the Council is here for. Mayor Tantleff stated that he had a meeting with Ms. Kelly and Richard Weiss, the Village Attorney, and these are points that have to be looked at. He reported that there are a lot of city employees in there working and it has gone back a long time. Mayor Tantleff asked the Village Attorney to try to get the Council some answers on all the issues raised by Ms. Kelly. Nina Rudolph, resident — 212 Bal Bay Drive, advised that she has lived in Bal Harbour for almost 40 years and is proud to be a resident of Bal Harbour. She stated that through the years, she has only seen improvement and the Council has done an unbelievable job here. Mrs. Rudolph stated that in regards to the police force and the funds, she doesn't think it will be seen anywhere else that Bal Harbour has the record for robberies, etc., which is the reason why most people live in Bal Harbour, because of the security. She thanked the Council and the Village for the contributions to charities. Mrs. Rudolph thinks that it's important to see that the Village gives back to the community and feels that these are the things that people should be focusing on. Ms. Kelly questioned when she can expect a response, because it has taken one year. Mr. Wolpin advised in due course. Mayor Tantleff requested that Mr. Wolpin give the Council an update at next month's meeting on where he is with the research. Assistant Mayor Roth stated that it seems that 90% of the Village, who are not at the meetings at all, are very happy. He advised that although those residents have problems, they seem to be able to resolve them. Assistant Mayor Roth stated that it seems most of the unhappiness in Bal Harbour, which he hates to see...He advised that he has been living here since 1976 and he always thought this was a very happy and great community, especially in the Security District, where the values have gone up and everyone wants to live. Assistant Mayor Roth stated that it seems that all of the problems and unhappiness comes from 10% of the population that don't seem to know how to live with one another. He advised that he received a nasty letter from a resident who didn't like the idea that he mentioned this. Assistant Mayor Roth thinks that it seems to be the problem and the folks in the Security District don't know how to live with one another. He stated if anyone goes to another community, they're going to have the same problem. Assistant Mayor Roth Regular Council Meeting 10/21/2003 13 explained that there have been times in his own condominium that he has been very unhappy, but it would be the same thing elsewhere. He stated that there are many people of different backgrounds and they need to live together and learn to accept. Assistant Mayor Roth thinks that they need to give a little, take a little, etc. He stated that if the condo owners are not complaining of the work that is being done in the Security District, then he questioned why those (Security District) residents should complain, because they are getting the benefit. Assistant Mayor Roth advised that they are paying so little for maintenance, other than what they pay for security. He stated that if they ran their own homeowners', then it would cost $3,000 per year, plus security. Assistant Mayor Roth questioned what their complaint is. He suggested doing a study of why the people are unhappy in the Security District. Assistant Mayor Roth stated that people think that Bat Harbour is the "living end" and he doesn't understand why there is unhappiness, fighting. etc. He thinks that people should live and let live and learn to live with their neighbors. Ms. Kelly agreed with Assistant Mayor Roth and stated that the problem is that if they have empathetic people, then the status quo would have remained the same, with the deed restriction saying that no person being of no more than '/4 of Syrian blood could live in the residential section. She doesn't think that unhappiness or injustice can be waived over. Ms. Kelly thinks that it was wrong of the deed restriction. She believes that everybody has the right to live where they choose, as long as they're treated equally. Ms. Kelly stated that right now certain people are not being treated equally and that's when the voices have to raise. She advised not out of anger or resentment, but out of fairness. Ms. Kelly stated that if people are being mistreated for any reason. due to race, color, creed, national origin, women, handicapped, etc., then someone must speak up. She advised that if no one speaks up, then there will be another Holocaust and whatever atrocities the world can come up with. Ms. Kelly agrees that it's better to be friends with one's neighbors, but if the friends have taken the gauntlet and said that they want injustice and they want to restrict those that they don't like and want to do things that aren't fair, then she thinks it's time that someone has to speak out. Mr. Raheb stated that one of his main beefs with this is that this is a private property and the City has no right to tax it whatsoever. He advised that decision will eventually be made by a judge. Mr. Raheb stated that his whole idea is that this is a private property and it should be run like a property. He advised that the City had no jurisdiction on that property and it should not tax it, etc. He advised that even the entrance to the private property should be restricted, if the residents agree. Mr. Raheb stated that he agrees with Assistant Mayor Roth, in that this is not the City's business and it should not have been handled through the City, because he believes that the City doesn't have jurisdiction to even create a special taxing district. He advised that if the City didn't abuse its power of levy to tax and restrict and choose, but not follow the law on other matters. then there wouldn't be this problem. Mr. Raheb stated that Thomas Jefferson once said that it's the duty of every citizen to question their government and the government must have the consent of the people. He advised that if his disagreement with the Council upsets somebody, then that's too bad. Mr. Raheb stated that the constitution guarantees certain rights and doesn't say that people have to live together, etc. He advised that sometimes people can't and sometimes certain things have to be done, if an injustice is seen. Mr. Raheb stated that if he sees something being done that is wrong, then he is going to speak out. He advised that is what this country is about and everybody has a right to speak their opinion, whether everyone else disagrees with them or not. Mr. Raheb stated that he receives hate mail, etc. because he disagrees with some of the residents in his district. He advised that it wasn't Regular Council Meeting 10/21/2003 14 69 too Tong ago that there was a sign in Bal Harbour saying no Jews, etc. allowed. Mr. Raheb stated that they're not going back to that kind of thing and they're going to talk. He advised that if anybody doesn't like his religion or nationality, etc., he doesn't care. Mr. Raheb stated that if he sees an injustice or something wrong, then he is going to challenge this Council and will hold every member responsible. Gabriela Webster, resident — 30 Park Drive #15, advised that as a follow up to the homeowners" assessment, she has been in touch with the Boards of several of the different associations and hopes that they will be sending the Village letters, regarding having everyone acknowledged individually (for the Village to bill the homeowners, not the building associations). She thanked the Council for everything. Doug Rudolph, resident —212 Bal Bay Drive, stated that more than 3,000 residents live in Bal Harbour, which would fill the Council Chamber 50 times, if they attended the meetings. He advised that the room is seldom full, because those people really like the way that Bal Harbour is being run and the job that the Council is doing. Mr. Rudolph stated that they also like the job that Chief Hunker is doing with the police and the fact that they're safe and the crimes in Bal Harbour are low. He advised that almost everybody is very happy here and when they're not, the Council will hear from them. Mr. Rudolph stated on the other hand there is a handful of people, who are entitled to their rights, and those same people come to every meeting and accuse, complain, pick, and argue. He advised that those people are not representative of the 3,000 people who live in Bal Harbour. Mr. Rudolph stated that those people take so much of the staff's time on an ongoing basis, so much of the attorney's time, so much of the Council's time, and so much of the residents' time that some residents come to the meetings because they feel that they have to defend the Council's positions and the residents' positions here, because they know there is going to be another issue raised. He stated that at every single meeting everything is going to be fought with. Mr. Rudolph advised that they don't like it. He stated that they are not only taking the time of all these people, but what he really resents is that they're creating a tremendous amount of expenditures of taxpayer money for all these issues that the city attorney has to continually research. Mr. Rudolph thinks that is money that could be spent on other things and yet they force the taxpayers to spend the money and have no problem turning around and crying about the taxpayers paying for the Council's health insurance. He advised that he is amazed that the Council even still comes to the meetings with all the garbage that they have to listen to. Mr. Rudolph wanted the Council to know that they appreciate them coming and stated on behalf of the 3,000 residents, they appreciate it also. He advised that if they didn't, then they would be here to tell the Council. Mr. Rudolph stated that on behalf of those residents and himself, he wanted to thank the Council. He requested that the Council not confuse the couple of consistent chronic complainers, with the other 3,000+ residents that live in Bal Harbour, because they are not representative of them. Mr. Rudolph thanked the Council for the job that they do from the other 3,000+ residents. Phil Corbisiero, resident —63 Bal Bay Drive, stated that he mirrors the sentiments of Mr. and Mrs. Rudolph. He advised that he is a long time resident and he appreciates all of the Council's expertise in handling the situation. Mr. Corbisiero thinks that the Village is fortunate to have such a dedicated Council, staff, and employees working for everyone. Mr. Corbisiero stated that the northbound lane has been repaved on Al A. He questioned if the southbound lane is going to be repaved also and questioned if they are still working. Regular Council Meeting 10/21/2003 15 Mr. Treppeda advised that they are still doing some final things. He will check to see if they will be repaving the south bound lane. Mr. Corbisiero thinks that there is a black and white contrast. Mayor Tantleff requested that Mr. Treppeda demand that from them, because it looks ridiculous. Ms. Kelly stated that her ex-husband and her were the only ones who were deposed when the Santuccis wanted to live in the residential section. She explained that, nobody bothered to stand up or fight to have Jewish people living in the residential section, other than her ex-husband and her. Ms. Kelly advised that they were chastised from the Club and her ex- husband was thrown off the Board. She stated that maybe one voice and one candle in the darkness can light a room, but if people would like to keep it the status quo to keep everyone happy, then maybe she should have told Mr. Santucci it was his problem. Ms. Kelly advised that she is proud that she doesn't just sit around and let other people have the benefits of those that don't. She thinks that sometimes a voice has to be heard. 11. 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 10:17 a.m. Mayor Daniel S. Tantleff Attest: Jeanette Horton, MMC Village Clerk /elh Regular Council Meeting 10/21/2003 16