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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 07/16/91 Reg. Council Meeting 1 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. 07/16/91 Reg. Council Meeting 3 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