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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 Council Mtg. - 12/17/91 1 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 Council Mtg. - 12/17/91 2 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 Council Mtg. - 12/17/91 3 (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 Council Mtg. - 12/17/91 4 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 Council Mtg. - 12/17/91 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 5 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 Council Mtg. - 12/17/91 6