HomeMy Public PortalAbout1991-07-16 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - JULY 16, 1991
The regular monthly meeting of the Bal Harbour Village Council was
held on Tuesday, July 16, 1991, in the Village Hall Council
Chambers. The meeting was called to order at 9:30 a.m. by Mayor
Estelle Stern and the roll was called. Those present were:
Mayor Estelle Stern
Assistant Mayor Andrew R. Hirschl
Councilman Matthew B. Blank
Absent: Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Stephen Helfman, Deputy Village Attorney
Carole S. Morris, Village Manager
Jeanette Horton, Village Clerk
As a quorum was determined to be present, the meeting was
commenced.
2. Approval of Minutes: June 18, 1991 Regular Meeting:
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank to approve the minutes of the June 18, 1991
Regular Meeting. The motion carried unanimously.
3. Presentation: Officer of the Month:
No presentation was made for the month of July.
The next item was taken out of agenda order:
C.8. Presentation Gala Bal Harbour Update:
Mrs. Morris explained that approximately 1 1/2 years ago the
Village held a very successful Gala Bal Harbour event at the
Sheraton Bal Harbour Hotel. The Sheraton Bal Harbour was a
co-sponsor along with the Village. They provided in kind, rooms and
services for the designers.
The beneficiary of this event was the Jackson Memorial Trauma
Center. During the budget process $50,000 was provided in the
current budget as a reserve against the Gala Bal Harbour for next
year.
There had been some preliminary discussions at the Resort Tax
Committee meetings, at which time, no decision was made. Mrs.
Rosenthal received word last week that Stanley Marcus has agreed to
be our honoree and work with the Village, and he is certain that he
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will be able to draw the caliber of designers that will be
necessary in order to make this another successful event.
Mrs. Morris stated she has held some preliminary discussions with
the Sheraton Bal Harbour. Mr. Hamel and his staff are very
supportive and have already agreed to provide the rooms and in kind
services as they have done in the past.
Mrs. Rosenthal stated that Neiman Marcus will also help secure
designers.
Mrs. Morris stated she needs Council's approval to proceed, and
there is $50,000 in the current budget toward an upcoming Gala.
The last two Galas have come in under budget. The estimated budget
for Gala to be held on February 8, 1992 is approximately $150,000.
Councilman Blank questioned what has been spent out of special
events to date. Mrs. Morris replied, 4th of July fireworks and the
NFL Challenge. The last Gala cost was approximately $85,000.
Mr. Singh stated he felt this matter should be discussed at the
July 30th Resort Tax Committee meeting since part of the funding
will be appropriated in the 1991-92 budget and requested the
Council to defer until the next Council meeting.
A motion was offered by Councilman Blank and seconded by Assistant
Mayor Hirschl that the Resort Tax Committee call a Special Meeting
for Friday, July 19,1991, at 4:30 p.m. to decide on a Gala Bal
Harbour for 1992 and their decision shall be binding in as far as
the Gala is concerned. The motion carried unanimously (3-0) with
Councilman Boggess and Councilman Taplin absent.
4. Public Hearings: None
5. Ordinances - Second Reading/Public Hearing:
An ordinance was read, by title, amending Chapter 13 of the Bal
Harbour Village Code.
Mrs. Morris stated this ordinance is in response to regulations
issued to the Village by the Department of Insurance in order for
the Village to continue receiving Chapter 185 funds. With the
enactment of this ordinance, the State has agreed to release these
funds.
Mayor Stern opened the public hearing, and as no one desired to
speak, closed the public hearing on the ordinance.
A motion to enact the ordinance on second reading was offered by
Assistant Mayor Hirschl and seconded by Councilman Blank. The
motion carried unanimously (3-0) with Councilman Boggess and
Councilman Taplin absent thus becoming:
07/16/91 Reg. Council Meeting 2
ORDINANCE NO. 363
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING CHAPTER 13
OF THE BAL HARBOUR VILLAGE CODE; PROVIDING THAT POLICE
OFFICERS SHALL PARTICIPATE IN THE PLAN UPON EMPLOYMENT
AS A POLICE OFFICER; CLARIFYING AND EXPANDING THE
DEFINITION OF A POLICE OFFICER; CLARIFYING THE BASIS FOR
CONSIDERATION FOR DISABILITY BENEFITS FOR A POLICE
OFFICER; PROVIDING FOR NO FOREIGN INVESTMENTS;
PROVIDING THAT THE RETIREMENT BOARD IS SOLELY
RESPONSIBLE FOR THE ADMINISTRATION OF THE PLAN;
PROVIDING THAT THE RETIREMENT BOARD SHALL ESTABLISH
GUIDELINES FOR THE INVESTMENT MANAGERS TO FOLLOW.
6. Ordinances - First Reading:
No ordinances were presented for first reading.
7. Resolutions:
A Resolution was read, by title, approving in concept a plan to
enter into interlocal agreements to establish funds to benefit
families of police officers and firefighters killed in the line of
duty.
Alex Daoud, Mayor of the City of Miami Beach, addressed the
Council. Mayor Daoud explained the reasons that were behind the
inception of this resolution. He is proposing that when a police
officer or firefighter is killed in the line of duty, this fund is
gathered as per agreement to help the family and children and most
of all to show that we really care.
Mayor Stern stated that Bal Harbour has lost two police officers in
the past.
Assistant Mayor Hirschl questioned if funds could be provided for
in the budget. Mrs. Morris replied funds could be provided.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank that the Resolution be adopted. The motion
carried unanimously (3-0) with Councilman Boggess and Councilman
Taplin absent thus becoming:
RESOLUTION NO. 441
A RESOLUTION OF THE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA APPROVING IN CONCEPT A PLAN TO ENTER INTO
INTERLOCAL AGREEMENTS WITH THE CITIES OF HIALEAH, MIAMI,
MIAMI BEACH AND OTHER MUNICIPALITIES IN DADE COUNTY TO
ESTABLISH FUNDS TO BENEFIT FAMILIES OF POLICE OFFICERS
AND FIREFIGHTERS KILLED IN THE LINE OF DUTY.
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8. Garber & Goodman - Update as to Responsibilities and
Accomplishments - Robert S. Goodman:
Mayor Stern stated that Mr. Goodman has handled the publicity for
the Village for the past three years.
Mr. Goodman explained he requested to be on the agenda because he
felt it was time to update the Council on what his agency has been
doing for the Village. The agency has been working three years for
the Village and feels very proud to have the Village as a client.
He stated that Bal Harbour is a very special place to live and a
special place to visit. It was a challenge to enhance and not
change the image of Bal Harbour. The agency has worked closely
with the Manager's Office and the Resort Tax Committee.
Mr. Goodman reviewed for the Council what his agency has
accomplished to date, i.e. designed new letterhead, worked closely
with the Manager on the newsletter, answered the 800 number,
requests for information handled in 1990 were 28,838 and in 1991
for a 6 month period were 20,706, which are just few of the
services performed for the Village. Also samples of ads were
displayed that have appeared in magazines.
Mr. Goodman stated the Resort Tax Committee recently has authorized
Request for Proposals, and he welcomes the competition and can
reassure the Village that no other agency can do a better job than
Garber & Goodman.
9. Reports and Recommendations:
A. Mayor and Council
Assistant Mayor Hirschl stated once again a number of citizens in
the residential district are concerned about the noise from Sundays
on the Bay. Dade County has a contract that Sundays occupies the
restaurant at Haulover beach. The lease does stipulate that the
music that they entertain their customers with is an indoor band,
but the band is constantly moving outside. The Village Manager
has written countless letters and at this time he wanted everyone
to know the Village is trying to have something done about the
noise.
At this point, there are quite a number of cats on the beach, and
either a service should be called to remove the cats or the Village
should set out traps. Mrs. Morris stated she will have traps put
back out and have an ordinance prepared prohibiting feeding the
cats.
Laura Chalphin of the Harbour House complained about the influx of
debris on the beach. Assistant Mayor Hirschl questioned Chief
Treppeda as to how often the beach is patrolled. Chief Treppeda
replied every 1/2 hour. Mrs. Chalphin suggested that a police
vehicle be stationed at the jetty.
07/16/91 Reg. Council Meeting 4
Assistant Mayor Hirschl questioned the Building Inspector about an
awning on Mr. Marriott's property. Mrs. Morris replied they are
permitted and the Building Officials will revisit the Marriott
property today.
Councilman Blank referred to the noise that is occurring at the
Sheraton Bal Harbour 24 hours a day. Councilman Blank stated that
the Village Manager violated the Ordinance. Mrs. Morris stated she
only gave permission for interior work to be done 24 hours a day.
Assistant Mayor Hirschl said status of the permit should be changed
to permit work only between the hours of 8:30 a.m. to 5:30 p.m..
Mrs. Morris, in reply, stated the Sheraton is now in violation and
will notify the police as to the permitted hours of work.
B. Village Attorney
Mr. Helfman reported that the hearing on Marilyn Kreger, the former
Village Clerk, was held and the judgement was no award.
C. Village Manager
1. Zoning Violation/Markitell
Mrs. Morris reviewed the past history on the zoning violation. The
45-day extension period given Mr. Markitell to demolish the
bathroom constructed in the setback was over July 5, 1991. No
demolition permit has been pulled and no action has been taken to
rectify the violation. At this time, Mrs. Morris requested the
Council's direction as to whether to proceed in filing legal action
against Mr. Markitell or induce compliance with the code and
immediate removal of the zoning violation. Is it the Council's
wish to grant an extension and if so, what is the length of the
extension.
Mr. Sabatino, Attorney for Mr. Markitell, briefly stated Mr.
Markitell's reasons for requesting the added extension of time,
which is due to the serious illness of his wife.
Extensive discussion was held. Councilman Blank stated he felt
that since no action has been taken in 56 days to rectify the
violation, he could not approve another 60-day extension.
Assistant Mayor Hirschl stated he felt it should be a code
enforcement issue.
Mr. Helfman, Deputy Village Attorney, stated a Special Master has
authority to grant an extension.
The Code Enforcement officer was instructed by the Council to issue
a code violation to Mr. Markitell.
07/16/91 Reg. Council Meeting 5
6
2. National Pollution Discharge Elimination System
Mrs. Morris explained to the Council that the County is requesting
the Village respond to them indicating our intention as to National
Pollution Discharge Elimination System permitting. She further
explained that there are two types of permits the Village must
obtain. As a co-permittee with Dade County, there will be a
significant reduction in costs due to the fact that a reduced
number of outfalls will be tested countywide rather than in our
community alone. The estimated cost is approximately $20,000 and
would be provided for in the 1991-92 operating budget.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank authorizing the Village Manager to respond to the
County of the Village's intention to becoming a co-permittee with
Dade County. The motion carried unanimously (3-0) with Councilman
Boggess and Councilman Taplin absent.
3. State Revolving Loan Agreement/Amendment
Mrs. Morris stated the Council must consider the Sewer Loan
Agreement Amendment One. Mrs. Morris continued on to explain that
the amendment provides for a reduction in the loan payment from the
$63,488 originally anticipated to $47,378. It also provides for
completion dates, which at this time only a few minor punch list
items are remaining.
The amendment has been reviewed by the Village Attorney, as well as
the Engineers of record for this project and it is their
recommendation that the Village proceed with the execution of this
agreement. Therefore, Mrs. Morris requested Council's
authorization to execute the loan agreement with the State.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank authorizing the Village Manager to execute a Loan
Agreement with the State. The motion carried unanimously (3-0)
with Councilman Boggess and Councilman Taplin absent.
4. Quarterly Financial Report
Mrs. Morris stated that the Village is in sound financial position
and no major difficulties are anticipated.
5. August Meeting
Mrs. Morris explained, as per Village Charter, the August regular
Council Meeting can be eliminated. If necessary, an executive
session relative to PBA negotiations could be scheduled.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank not to hold the scheduled Council meeting in the
month of August. The motion carried unanimously (3-0) with
07/16/91 Reg. Council Meeting 6
Councilman Boggess and Councilman Taplin absent.
6. Budget Hearing Dates
Mrs. Morris stated, for information purposes only, the County and
School Board have scheduled their Public Hearings and by State law
the Village hearings cannot conflict with those dates. The dates
for the County are September 5 and September 19 and for the School
Board July 24 and September 4, 1991.
7. Collins Avenue Landscaping - Authorization to proceed with
trimming of pigeon plum trees
Mrs. Morris explained to the Council that it is the recommendation
of the Landscape Architect that the Village begin trimming the
pigeon plum trees along Collins Avenue. In most cases, the canopy
is bulky and low enough to impede pedestrian traffic. The purpose
of the trimming would be to thin the canopy and encourage the
upward growth.
Specifications were prepared by Mr. O'Leary and the following bids
to trim and shape 140 trees were received:
Melrose Nursery Inc.
Bert Newcomb Tree Service
Paul Simas Tree Service, Inc.
One Two Tree, Inc.
$4,550
$4,635
$6,300
$7,500
Mrs. Morris stated she has reviewed the bids with Mr. O'Leary and
he recommends that the Village proceed at this time with the low
bidder, Melrose Nursery, Inc,. in the amount of $4,550. Mrs.
Morris further explained that funds which had been provided in the
F/Y 90-91 budget under account 541.550 for installation of
sprinklers along the west side of Collins Avenue will be utilized
to defray the cost of this project.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank to accept the bid of $4,550 from Melrose Nursery.
The motion carried unanimously (3-0) with Councilman Boggess and
Councilman Taplin absent.
8. Taken out of order (See page 1)
9. Air Conditioning Repair/Village Hall
Mrs. Morris stated they have been experiencing air conditioning
problems in Village Hall. After reviewing the situation it has been
recommended that the Village install an additional five ton
capacity air conditioning unit for use primarily in cooling the
east side of the building.
Prices have been obtained and the low bidder was De Luca
07/16/91 Reg. Council Meeting 7
Refrigeration in the amount of $4,952. The bid has been reviewed
by the Building Inspector and his recommendation is to proceed with
the installation of the five ton unit.
Mrs. Morris stated at this time she is requesting the Council's
approval to proceed.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank to proceed with installation of the five ton air
conditioning unit. The motion carried unanimously (3-0) with
Councilman Boggess and Councilman Taplin absent.
10. Other Business:
Mr. Maute suggested adding Councilman Sol Taplin's name to the
plaque on Founders Circle.
Mrs. Morris gave an update on the Collins Avenue/96th Landscaping
Project stating we are working on a program for three to five
phases. Assistant Mayor Hirschl requested that Mr. O'Leary look at
Golden Beach landscaping.
Extensive discussion followed as to financing the project and to
the cost of maintenance after completion. Assistant Mayor Hirschl
explained that Mr. O'Leary was retained by the Council to present
a concept only, but this does not mean the Council endorses that
concept.
11. Adiourn:
There being no further business to come before the Council, a
motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Blank to adjourn. The motion carried unanimously (3-0)
with Councilman Boggess and Councilman Taplin absent and the
meeting adjourned at 11:15 a.m.
MAYOR E LLE STERN
ATTEST:
JEANETTE HORTON
VILLAGE CLERK
07/16/91 Reg. Council Meeting 8