HomeMy Public PortalAbout1991-12-17 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - DECEMBER 17, 1991
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, December 17, 1991, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:35 a.m.
by Mayor Stern. The roll was called and those present were:
Mayor Estelle Stern
Assistant Mayor Andrew R. Hirschl
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Carole S. Morris, Village Manager
Jeanette Horton, Village Clerk
Richard Jay Weiss, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
2. Approval of Minutes: A motion was offered IT Councilman
Boggess and seconded by Councilman Blank to approve tic minutes of
the November 6, 1991 workshop meeting. There being ao charges or
additions, the motion carried (5-0), and the minutes'7erl al.picved
as amended.
A motion was offered by Assistant Mayor Hirschl and seconded
by Councilman Taplin to approve the minutes of the November 19,
1991 meeting. There being no changes or additions, the motion
carried (5-0), and the minutes were approved as amended.
3. Presentations: Officer of the Month - None.
4. Public Hearings: None.
5. Ordinance - Second Reading/Public Hearings: An Ordinance
was read by title by the Village Clerk prescribing penalties for
various violations of Village Ordinances. Mayor Stern opened a
Public Hearing and asked Mr. Weiss to address this matter. He
advised Council that this Ordinance serves as a "catch-all" for
violations not prescribed in the schedule of fines included in the
recently -enacted code enforcement procedures and noted that the
figures set forth herein are the maximum allowable and can be
considerably less, at the discretion of the Code Enforcement
Officer and the Special Master. Councilman Boggess reiterated
Council's concern, expressed at the November meeting, that the
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4.
Manager convey to the Code Enforcement Officers that fines for
first-time offenses be less severe than the maximum allowable.
Mrs. Martin Neca Logan, 64 Camden Drive, expressed her concern
that the Code was becoming much too restrictive and that every
possible violation should be set forth so as to prevent any
misunderstanding or discrimination that may occur. Mr. Weiss
pointed out that it would be too cumbersome to go through each
section of the Code to prescribe penalties and that the Special
Master would be the appropriate authority to handle each specific
situation. He noted that fines were not being issued for every
minor violation.
There being no further discussion, Mayor Stern closed the
Public Hearing. A motion to enact this Ordinance was offered by
Councilman Blank and seconded by Councilman Taplin. There being no
further discussion, the motion carried unanimously (5-0) thus
becoming
ORDINANCE NO. 369
AN ORDINANCE OF BAL HARBOUR VILLAGE CREATING
SECTION 2-191 (C) OF THE BAL HARBOUR VILLAGE
CODE PRESCRIBING PENALTIES FOR VARIOUS
VIOLATIONS OF VILLAGE ORDINANCES; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND
EFFECTIVE DATE.
6. Ordinance - First Reading: None.
7. Resolutions: A Resolution was read by title by the
Village Clerk approving a Mutual Aid Agreement with the Village of
Indian Creek. Mrs. Morris explained that we have entered into
similar agreements with other surrounding communities and this
would be appropriate as well. A motion to adopt this Resolution
was offered by Councilman Boggess and seconded by Assistant Mayor
Hirschl. There being no further discussion, the motion carried
unanimously (5-0) thus becoming
RESOLUTION NO. 449
RESOLUTION OF HAL HARBOUR VILLAGE, FLORIDA
APPROVING A MUTUAL AID AGREEMENT WITH THE
VILLAGE OF INDIAN CREEK; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE SAID AGREEMENT;
PROVIDING AN EFFECTIVE DATE.
A Resolution was read by title by the Village Clerk
authorizing the Village Manager to enter into an Interlocal
Agreement with Metro -Dade County for services relative to the
National Pollutant Discharge Elimination System Permit Application,
Mrs. Morris referred to her previous memo outlining the details of
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46
the NPDES project, of which Phase 1 has been completed and
explained that Phase 2 would allow for us to join with Metro -Dade
County and possibly 19 other communities in conducting testing of
outfalls. In this manner, cost to Bal Harbour Village would be
approximately $13,000, of which $20,000 has been provided in this
year's budget. Conducting these tests on our own could cost as
much as $250,000. Mrs. Morris recognized Mr. Carlos Espinosa and
Mr. Dorian Valdez from the Dade County Department of Environmental
Resources Management. Mr. Espinosa stated that 11 other cities
have entered into an Interlocal Agreement with Metro -Dade County
and expected other municipalities to do so as their meetings are
held. A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to adopt this Resolution. There being no further
discussion, the motion carried unanimously (5-0), thus becoming
RESOLUTION NO. 450
RESOLUTION OF HAL HARBOUR VILLAGE, FLORIDA
AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO
AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE
COUNTY FOR PROFESSIONAL SERVICES RELATING TO
THE NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT APPLICATION.
8. Reports and Recommendations:
A. Mayor and Council: None.
B. Village Attorney: None.
C. Village Manager:
1. 1OK Run/5K Walk for Hope: Mrs. Morris stated
that the Hope Center is once again requesting permission to hold
this annual event in Bal Harbour on Sunday April 26, 1992 and
applicable roadways will be closed from 8 a.m. to 9:30 a.m., with
a post -race event at the Sheraton. A motion to approve this event
was offered by Assistant Mayor Hirschl and seconded by Councilman
Blank. There being no further discussion, the motion carried
unanimously (5-0).
2. Fourth of July Fireworks: Inasmuch as Zambelli
Internationale donated two tickets to this week's Dolphins'
football game, a drawing of Village employees was conducted and
P.S.A. Paul Deitado's name was drawn by Mayor Stern as a recipient
thereof. Mrs. Morris then brought before Council Zambelli's
solicitation relative to the 1992 annual Fourth of July fireworks
show, the cost of which would be comparable to those of previous
years, with the exception of the barge rental which cannot be
approximated. A motion to approve this event and expenditure was
offered by Councilman Boggess and seconded by Councilman Blank.
There being no further discussion, the motion carried unanimously
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(5-0).
3. Cat/Dog Licensing Ordinance: An Ordinance was
presented to Council, as provided to Mrs. Morris from Mr. Ed Cohen,
establishing a breeding regulation program for cats and dogs in
order to reduce the number of stray animals within the City.
Although it was Council's desire at a previous meeting for the
Village Manager to work with animal rights organizations and
several members of the Village to reach an amicable solution to the
proliferation of cats in Bal Harbour Village, Mr. Weiss stated, and
Council agreed therewith, that this Ordinance was far too stringent
for Bal Harbour alone and suggested that correspondence be directed
to Metro -Dade urging the County to address this matter. Mr. Ed
Cohen of Friends of Animals and Ms. Sally Matlock arrived later in
the meeting and this matter was once again addressed, as follows:
Mayor Stern recognized Mr. Cohen and Ms. Matlock and asked Mr.
Weiss to update them on Council's discussion relative to the
proposed Ordinance. Mr. Weiss reiterated Council's decision that
this Ordinance was too complicated and cumbersome for Bal Harbour
Village and their desire was to seek the County's involvement. He
noted as well that he questioned the legality of the Ordinance.
Ms. Matlock addressed Council, advising that she was contacted by
Mr. Cohen and Mrs. Morris to assist with the feral cat problem.
Although she stated that this Ordinance did not address licensing
and trust funds, but only feral cat colonies, Mr. Weiss advised
that these issues were a part of the proposed Ordinance.
Ms. Matlock suggested that we form a network of feral cat
colonies so that they can be managed and stated that once feral
cats are spayed, neutered and placed back in their colonies, they
tend to control their own, keep out other animals and of course do
not breed and do not carry feline leukemia. Mrs. Morris suggested
that she and Ms. Matlock coordinate their efforts subsequent to
this meeting and possibly the Council may wish to fund these
efforts via a budget line item.
Mr. Cohen, extremely displeased at Council's position on this
matter, then stated that $1,000 in pro bono legal work had been
completed and he had hoped to have Bal Harbour break the ice with
the enactment of this Ordinance so that he could then approach the
League of Cities. Mrs. Morris advised Mr. Cohen that while Council
was concerned about this problem, they did not wish to be the first
to enact such an Ordinance.
4. Arthur Andersen & Co. Mrs. Morris pointed out to
Council that the terms of our loan agreement with the State of
Florida require certain additional auditing procedures, including
compliance with the Single Audit Report and completion of a Debt
Compliance letter. Arthur Andersen & Co. is proposing to complete
these services for a fee of $5,000. A motion to approve this
expenditure was offered by Councilman Boggess and seconded by
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4"F,
Assistant Mayor Hirschl. There being no further discussion, the
motion carried unanimously (5-0).
5. Purchase of 1992 Police Cars: In order to
replace older and aging vehicles, the Police Department is
requesting to purchase three new marked vehicles, taking advantage
of the state bid price of $13,035 per vehicle. Mrs. Morris noted
that after these new cars are received, the three least serviceable
cars will then be for sale as surplus equipment. A motion to
approve this expenditure was offered by Assistant Mayor Hirschl and
seconded by Councilman Blank. There being no further discussion,
the motion carried unanimously (5-0).
6. Performance Bonus Budget: In accordance with
Council's directive, performance evaluations were completed by the
appropriate Department Heads on all non -bargaining unit employees,
with the exception of Council employees. The evaluations were then
forwarded to the Village Manager and as necessary, same were
discussed with the Department Heads. A proposed bonus schedule was
then prepared by the Village Manager and submitted to Council,
representing $23,609 in proposed bonus payments. After lengthy
discussion, noting that the amount budgeted was $15,000, it was
Council's decision that the Village Manager review this schedule
and reduce same at her discretion and in the manner that she deems
appropriate, but felt that the amount of $23,609 as presented, was
not acceptable. Mrs. Morris requested and received Council's
approval to complete this matter and remit these bonuses within the
next seven to ten days.
A motion was then offered by Councilman Boggess and
seconded by Assistant Mayor Hirschl that the Village Manager and
Village Clerk be awarded a performance bonus in the amount of 3%.
There being no further discussion, the motion carried unanimously
(5-0).
9. Other Business: Mrs. Morris then brought to Council's
attention the following items:
Works employees
totals $11,504,
being received
luncheon there
employees;
Tuesday, December 24th at
Council members to attend.
In order to
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a. In the near future, new uniforms for Public
will be purchased in the colors of green and gray.
b. The Employees' Holiday Fund presently
which is behind last year's pace, but checks are
daily and hopefully by the date of the employees'
will be a substantial amount to distribute to
c. The Holiday Luncheon is scheduled for
approximately 12 noon and invited all
schedule evening hearings to enact the
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Appearance Code Ordinance, the Village Clerk provided to Council a
slate of hearings for the month of January. It was Council's
decision that these hearings be scheduled for January 14th and
28th, 1992 at 5:15 p.m. and that notice be properly advertised and
mailed to residents.
10. Adiourn: There being no further business to come before
Council, a motion to adjourn was offered by Councilman Blank and
seconded by Councilman Taplin. The motion carried unanimously,
(5-0) and the meeting adjourned at 10:55 a.m.
.(
5Z1,NETTE HORTON, VILLAGE CLERK
/tuts
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