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Home My Public Portal About1993-06-15 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - JUNE 15, 1993 The regular meeting of the Bal Harbour Village Council was held on Tuesday, June 15, 1993, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Stern. The roll was called and those present were: Mayor Estelle Stern Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Also present: Carole Sherouse Morris, Village Manager Jeanette Horton, Village "Clerk Stephen Helfman, Deputy Village Attorney Absent: Councilman Sol M. Taplin As a quorum was determined to be present, thg meeting commenced. 2. Approval of Minutes: A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to approve the minutes of the May 6, 1993, Joint Workshop Session. There being no changes or additions, the motion carried (4 -0), with Councilman Taplin absent, and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the minutes of the May 11, 1993, Special Meeting. There being no changes or additions,'the motion carried (4 -0), with Councilman Taplin absent, and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the minutes of the May 18, 1993, Regular Meeting. Assistant Mayor Blank commented on the public hearing regarding the density issue for the Majestic. He referred to Councilman Hirschl's statement on the Village having controlled density since 1974. He further stated that the Balmoral, which has 423 units, obtained a building permit on April 1, 1976. Assistant Mayor Blank recounted what transpired at the last meeting when Mr. Desharnais stated that the Balmoral was built before the code was changed. Mrs. Morris requested Mr. Jahn to check the records. Assistant Mayor Blank questioned Councilman Hirschl's statement of 170 units and then offering a motion for only 165 units. He further stated that this is very confusing and asked for clarification. Councilman Boggess stated he does not see any discrepancy in the minutes. The Deputy Village Attorney explained there has been a number of revisions to the maximum density section of the Code. He further stated they date back to the first adoption in 1974, with revisions in 1976, 1977, 1981, 1982, 1986, Regular Council Meeting 6/15/93 1 and 1988. Mr. Jahn returned with the construction jacket on the Balmoral. Mrs. Morris stated the original permit no. 5139 was issued on 2/4/74. Discussion ensued as to the number of units as stated in the motion that was offered by Councilman Hirschl. Mayor Stern stated that it is unfortunate that Council Taplin is not present. Since he is the only member on the Council present at the time the other buildings were built, and able to explain the previous variances. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank nay; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent, and the minutes were approved as submitted. Subsequent to the approval of the minutes Councilman Boggess questioned Assistant Mayor Blank if he found something wrong in the minutes. Assistant Mayor Blank replied they are confusing. Mayor Stern restated she is sorry that Councilman Taplin is not present to clarify the previous variances. 3. Presentations: Officer of the Month - None 4. Public Hearings: None 5. Ordinance - Seconded Reading /Public Hearing: None 6. Ordinance - First Reading: None 7. Resolution: None F's? 8. Discussion Change of Filing Dates and Proposed Ordinance - Election Dates: Mrs. Horton stated according to Council's directive she had investigated this issue. She further' explained she had spoken with Mr. Leahy, and the Federal guideline urges mailing of absentee ballots 45 days before the date of the election. She continued to explain that the 20 days is not adequate time for the returning of ballots from military personnel or residents out of Stater- Therefore she feels it would be in the best interest of the voters of Bal Harbour; if the Code provided for 30 days between the end of filing and the date of election. Mrs. Morris explained that also enclosed is an ordinance, that will amend the Village Charter. She further explained one issue amends the Charter and the other the Code. Mrs. Horton stated that the next County General Election is November 8, 1993, but there may be a special election in March. She explained that the Council would have to pass a Resolution authorizing placement on the County ballot. This must be done 60 to 120 days before the election date, since this is a Charter question. Councilman Hirschl cautioned the changing of filing dates, with holding election in April. Mr. Helfman replied that he will handle y Regular Council Meeting 6/15/93 2 7 in Code change so there is no conflict with Charter provision. Councilman Boggess suggested that once the Ordinances are resolved, send to Election Department. Mayor Stern requested copies of Ordinances before July meeting. 9. Reports and Recommendations: A. Mayor and Council: Resort Tax Committee Re- Appointments: Mayor Stern stated that Messrs. Whitman, Singh, Terzi and Burke have confirmed that they are willing to continue. She further stated as a rule the Assistant Mayor has served on this Committee. Therefore instead of Councilman Hirschl it will be Assistant Mayor Blank. Councilman Boggess questioned if this was in the Code. Mayor Stern replied no, but it is ,a precedent. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl'tthat everyone be re- appointed. The motion carried with the vote as follows: Mayor Stern nay; Assistant Mayor Blank absent; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. p4 scussion ensued as to the duties of the Mayor. Mr. Helfman referred to the Code, which outlines the process of appointments to this committee, that the Council should follow. Mayor Stern stated that the vote should be recalled. Mr. Helfman stated that the only Councilperson who can recall a vote would be one who voted affirmatively. Budget Committee Appointments: Mayor Stern appointed Assistant Mayor Blank and Raj Singh to work with Mrs. Morris on the Budget. Discussion ensued as to the i.number of members appointed to this Committee. Mrs. Morris stated there was no Committee in 1992, but named the members of the Budget Committee from 1991. It was the consensus that the Budget Committee would be comprised of the following members, Assistant Mayor Blank, Raj Singh, Patricia Tumpson and Rich Lodes.. B. Village Attorney: Bone C. Village Manager: Bal Harbour Village Bid 93 -1 - Drainage Pipe Replacement: Mrs. Morris stated that only one bid response was received. She explained that she would recommend the Council reject this bid. She continued to state she would like to combine and expand the scope of work, to include the removal of the existing storm water pump and replacement of storm pipe along Harbour Way. She explained with the increase in the scope of work that should increase the project size to $100,000. She continued Assistant Mayor Blank left the Council Chamber, and returned during discussion of this agenda item. Regular Council Meeting 6/15/93 3 Tp J to explain that funds have been encumbered for these projects. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to reject the bid. Discussion ensued as to the drainage pipe at the Sun Bank. Mrs. Morris explained that portion of the drainage system is owned by the Florida Department of Transportation. She further explained all of the problems that have arisen with the drainage system in this area. Mrs. Morris stated she will provide Assistant Mayor Blank with copies of her records and correspondence on this subject. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank nay; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 10. Other Business: Assistant Mayor Blank .stated that Bal Harbour is changing, as such in District 1 he represents over 1900 residents, compared to District 5 with a population of approximately 300 residents. Therefore, he would question the Deputy Village Attorney on the procedure that must be l aken to re- district so each district is equally divided. Mr. Helfman stated that there is a method provided in the Code, he will Peview and return to Council with this information. Assistant Mayor Blank question if it was a State law that 3 bids are necessary on a contract over $50,000. Mr. Helfman replied he his not aware of any law. Assistant Mayor Blank questioned if a a contract can be: given without any bids being solicited. Mrs. Morris explained that anything over $2,500 must be approved by the ` Council. Discussion ensued as to the contract awarded to Sterner Lightening Co. Mrs. Morris stated that the Council approved the contract and reviewed the reasons. MrS. Morris stated regarding the letter from the Village plumbing inspector. She explained at this time she is not prepared to request an increase in building permits without more investigation. 11. AdJourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank. The motion carried unanimously (4 -0) with Councilman Taplin absent, and the meeting adjourne at 10.55 a.m. Mayor E telle Ster Attest: / '_1 du�l% ,feanette Horton Village Clerk /jh Regular Council Meeting 6/15/93 4