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HomeMy Public PortalAbout1993-07-20 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - JULY 209 1993 The regular meeting of the Bal Harbour Village Council was held on Tuesday, July 20, 1993, 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 Matthew B. Blank Councilman James E. Boggess Also present: Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Andrew R. Hirschl Councilman Sol M. Taplin As a quorum was determined to be present, th4 meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the minutes of the June 1, 1993, Special Meeting. There being no changes or additions, the motion carried (3 -0), with Councilman Hirschl and 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 Tune -15, 1993, Regular Meeting. There being no changes or additions, the motion carried (3 -0), with Councilman Hirschl and Councilman Taplin absent, and the minutes were approved as submitted. Assistant Mayor Blank referred to the minutes of June 15th regarding the plumbing inspector's letter. He questioned Mrs. Morris if she has completed her investigation into increasing building permit fees. Mrs. Morris replied she is still reviewing this matter as part of the upcoming budget. 3. Presentations: Officer of the Month - None 4. Public Hearings: None 5. Ordinances - Second Reading /Public Hearing: None 6. Ordinance - First Reading: A. An Ordinance was read, by repealing Chapter 3, Article III, smoke Village Code, Mrs. Morris stated Ordinance No. 275 in February 1986, annunciated smoke detection system i ntitle, by the Village Clerk detection systems from the that the Village enacted which required a central buildings. She further 11 112 explained that the Village's Code has not been amended since the original enactment, and therefore is prohibiting the use of utilizing new technology. She continued to state that the South Florida Building Code has incorporated the current National Fire Protection Association standards. Mrs. Morris stated the Village requires compliance with the South Florida Building Code. Therefore she recommends approval. Assistant Mayor Blank stated that the Balmoral must install a hard wire system to comply with State and County. Mr. Weiss explained when the original Ordinance was enacted the option was given of hard wire or radio wave system. A motion to enact this Ordinance was offered by Councilman Boggess and seconded by Assistant Mayor Blank. There being no further discussion, the motion carried with the vote as follows; Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl absent; Councilman Taplin absent, and this Ordinance was approved on first reading as t ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, REPEALING CHAPTER 3, ; ARTICLE III, SMOKE DETECTION SYSTEMS FROM THE VILLAGE CODE; PROVIDING FOR INCLUSION IN THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. B. An Ordinance was read, by title, by the Village Clerk which would amend the Charter relative to election dates. Mr. .4 Weiss explained this Ordinance would allow the election dates to be changed by a majority vote of the Council. He further explained the election dates can only be changed due to religious holidays or the occurance of natural disasters. Discussion ensued as. to defer the adoption of the Ordinance or adopt on first reading and hold second reading until a later date. The Village Clerk stated that she had checked with the Election Department and the next scheduled General Election is November 8, 1994, but there may a special election in March 1994. It was the consensus of the Council to adopt the Ordinance on first reading, and hold second reading in appropriate time to be placed on the County ballot. Mr. Weiss advised the Council since this is a Charter question authorization for placement on the ballot must be 60 to 120 days before the election date. A motion to enact this Ordinance was offered by Assistant Mayor Blank and seconded by Councilman Boggess. There being no further discussion, the motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent, and this Ordinance was approved on first reading as AN ORDINANCE OF BAL HARBOUR, FLORIDA, AMENDING SECTION 14(b) OF THE VILLAGE CHARTER TO ALLOW ELECTION DATES FOR Regular Council Meeting 7/20/93 2 13 VILLAGE ELECTIONS TO BE SET BY A MAJORITY VOTE OF THE VILLAGE COUNCIL; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CHARTER AND AN EFFECTIVE DATE. C. An Ordinance was read, by title, by the Village Clerk pertaining to qualifying periods for candidates running for election. Mrs. Horton stated that the current end of qualifying is 20 days prior to election. She continued to explain this is not adequate time for printing, mailing and return of ballots from military personnel or residents out of State. A motion to enact this Ordinance was offered by Assistant Mayor Blank and seconded by Councilman Boggess. There being no further discussion, the motion - carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman�Boggess aye; Councilman Hirschl absent; Councilman taplin absent, and this Ordinance was approved on first reading as AN ORDINANCE OF BAL HARBOUR VILLAGE,FLORIDA, AMENDING SECTION 8 -6(b) OF THE VILLAGE CODE PERTAINING TO QUALIFYING PERIODS FOR CANDIDATES RUNNING FOR ELECTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Since agenda item number 8 and 9 pertained to the Homeless and Miami Beach City Commissioner Pearlson was delayed, it was the consensus of the Council to move to item 9 until the arrival of Commissioner Pearlson. 9. Joyce Banks, 10295 Collins Avenue - Jogging Path: Ms. Banks stated she felt�the Jogging Path was a low priority for repairs. She then distrituted pictures, of. the Jogging Path, to the Council that were taken in July of this year. She stated she is very pleased to see the Jogging Path has been made wider. She continued to explain the surface is not smooth and, therefore unsafe, and some people have already fallen. She further stated she is the spokesperson for some people, who would like to see the path resurfaced. Mrs. Morris stated since there is standing water on the path, she has negotiated with the contractor to correct this. She further stated as to the surface, she will review with the contractor and advise Ms. Banks of the results. Councilman Boggess stated that the Jogging Path was not a low priority for the Council and referred to his article in the newsletter. The question of liability insurance was raised. Mrs. Morris quoted the Village insurance coverage, and after a review, if an unsafe situation exists, everything will be done to remedy it. Regular Council Meeting 7/20/93 3 10. John Bruno, 90 Park Drive: 1. Re- Districting: Mr. Bruno stated that Council is controlled by the Ocean Front Districts. Mayor Stern advised the Council is in the process of working on this issue. She further stated the Village Attorney has a report on Re- Districting during this meeting. Assistant Mayor Blank stated he agrees with Mr. Bruno. He further explained hotels have been demolished and replaced by Hi -Rise Condominiums causing the population to increase. He continued, by stating that, a Councilperson from the Ocean Front District does not know the requirement of the residential District. Therefore, he would be in favor of Re- Districting or have district voting. 2. Security District Fees: Mr. Bruno read a portion of a letter dated September 1992. The letter reviewed the Assessments in the Security District dating back to 1986. He then referred to the June 27, 1. ?92 Civic Association Meeting, at which he objected to the Assessment. He further stated that the Civic Association Board was questioned on how the Assessment was figured. Mr. Olsen, President of the Civic Association, replied that Mr. Bruno and Mr. Gates were the only residents who protested the increase to apartments. He further explained the reasons for the increase and how they established the fee for apartment buildings, to a maximum of $2,000 for any building. Mrs. Morris explained the fees pay for all the expenses for Kent Security, all the operating costs of the guardhouse, and the maintenance agreements on the back and front gates. She further explained the Association is looking into replacing the front gate mechanism and barrier across Harbour Way. Assistant Mayor Blank asked for clarification on the fee. Mr. Olsen replied the first unit is charged $495.00 and then each unit thereafter $100, to a maximum of $2,000. Mr. Olsen explained the fee is based on utilization not on valuation of the property. 3. Illegal Sign South of the Club on Collins Avenue: Mr. Bruno stated he contacted the Department of Transportation, and received a reply on February 21, 1993. He continued to read from the letter which detailed the problem on Collins Avenue, southbound left turn lane at Harbour Way. Mr. Olsen stated that Mr. Bruno had spoken to the Civic Association on this issue in 1990 and 1991. He explained the issue was addressed at that time, and Mr. Bruno was informed that this was a State Road Department issue. He further stated he then spoke with Mrs. Morris, she also stated this was an issue for the State Road Department. Mr. Olsen stated since the State Road Department placed the sign they should remove it, if it is illegal. Mayor Stern requested since Commissioner Pearlson has arrived Regular Council Meeting 7/20/93 4 9 I5 at this time move to item number 8 on the agenda. There was no objection from the Council or Mr. Bruno. 8. David T. Pearlson, City Commisioner, Miami Beach - Governor's Commission on the Homeless: Commissioner Pearlson addressed the Council and explained that the final reading on an Ordinance for the Homeless will be before the Dade County Commission on July 27, 1993. He continued to explain over the next three years three homeless assistant centers will be built. Commissioner Pearlson stated the Ordinance before the Dade County Commission is enabling of a State passed tax. He further explained this would be a one percent food and beverage tax. He stated that municipalities that currently do not collect their two percent resort tax option will have the option of adding on the one percent tax. He explained the County Commission must approve the tax, which would fund the long term plan. Commissioner Pearlson stated he is requesting interim funds from the Cities. He further stated that the City of Miami;�Beach has funded $50,000 toward the Homeless problem. He explained the formula was .50 cent per person of population of Miami Beach. He continued to explain other Cities have agreed to grant funds. Therefore, he requested the Council to take the population of Bal Harbour and divide it in half then multiply it by .50 cents. He further explained this program is currently existing, which is headed by Andy Mendez, Dade County Assistance to the Homeless. Councilman Boggess questioned if the program addressed the mentally ill. Commissioner Pearlson replied yes, and the private sector and religious institutions will run the centers, and this would be done on a bid bases. Councilman Boggess questioned Mrs. Morris where funds are available. Mrs. Morris explained from the General Fund, surplus funds are available. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to' grant $3,000 to this Coalition. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl absent; Councilman Taplin absent. At this time the Council returned to item 10. 10. John Bruno, 90 Park Drive: 4. Exit Traffic on 96th Street: Mr, Bruno referred to the letter he received from the Department of Transportation. The Department stated they will review the traffic signal for existing traffic from the Bal Harbour Shopping Center on 96 Street. They further stated once the traffic investigation has been completed he will be notified. Mr. Bruno stated that he was told they would be placing a no right turn on a red sign. Regular Council Meeting 7/20/93 5 7. Resolution: A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to adopt this Resolution. There being no further discussion, the motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Bank aye; Councilman Boggess aye; councilman Hirschl absent; Councilman Taplin absent, thus becoming RESOLUTION NO. 485 A RESOLUTION OF BAL HARBOUR VILLAGE SUPPORTING LEVY BY BOARD OF COUNTY COMMISSIONERS OF ONE PERCENT FOOD AND BEVERAGE TAX TO FUND NEED OF HOMELESS IN DADE COUNTY, UTILIZING ENABLING STATE LEGISLATION ADOPTED UNDER CHAPTER 93-233, LAWS OF FLORIDA. t 11. Reports and Recommendations: A. Mayor and Council: None B. Village Attorney: Mr. Weiss stated that at the last Council meeting his office was directed to review the law pertaining to Voting Districts. He further stated Mrs. Morris had provided him with a memorandum from Alan Gold dating back to 1981, which contained research on the issue. Mr. Weiss explained since 1981 the law has changed, as well as the population of Bal Harbour. He further stated that at this time he wished to confirm the Council was committed to seeing the results of the information. Mayor Stern questioned if there was a benefit to using Florida State University. Mrs. Morris replied once the information is received from Mr. Weiss, The Village may benefit from using one of the Universities. Mr. Weiss stated he will give an outline to the Council of their options and how they would be implemented. He' then proceeded to define the different options he would outline. Such as keeping the current districts and making adjustments, changing district lines, single member districts. Discussion ensued as to how information would be obtained as to voters and owners information. Mrs. Morris questioned the completion date. Mr. Weiss replied after September 30. He further stated the cost will be approximately between $5,000 and $10,000. C. Village Manager: 1. Approval to Proceed - Sea Oats along Jogging Path: Mrs. Morris explained when discussion was held on re- constructing the Jogging Path, one of suggestions to minimize future storm damage was the planting of more Sea Oats. She further explained Regular Council Meeting 7/20/93 6 s.r that the low bidder was Coastal Revegetation $4,350, who would plant and maintain these plants for the first few months. She also stated they will place temporary barriers, so people will not tramp on the plants. She continued to explain a second bid was received from Vila & Son for $6,496. Assistant Mayor Blank stated in his opinion this is a very good investment. Mrs. Shell questioned if any funding sources were available for this project. Mrs. Morris replied not to her knowledge, but she will check. A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to approve the expenditure of $4,350 for the planting of Sea Oats along the entire length of the Jogging Path. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl absent; Councilman Taplin absent. 2. Authorization to Proceed -Purchase Telephone System: Mrs. Morris stated that five firms had responded to the2Villages' request for proposals. She further explained in evaluating the response, was the reliablility of the product, and availablility of service. She continued to explain that each of the firms was afforded the opportunity to give a demonstration and references were verified. Mrs. Morris stated the two best systems were the Executone and the AT & T System. Discussion ensued as to the difference in cost between the two systems. Councilman Boggess pointed out the difference is the trade in allowance offered by Executone. Mrs. Morris stated the maintenance fee for AT & T is $6,000 per year, and Executone is only $1,800 per year. Mr. Singh, Sea View Hotel, suggested to have maintenance only on the switch, not on the individual telephones. Mrs. Morris explained that either system would fore fill the Village's needs. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to'delegate the Village Manager to make a decision and purchase a system. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl absent; Councilman Taplin absent. 3. Authorization to Proceed - Purchase of Recycling Containers: Mrs. Morris explained she is continuing to work on this and hopes to have a recommendation by the next Council meeting. She proceeded to explain the problems she is having with the different buildings. Mrs. Morris stated this purchase will be approximately $12,000 to $15,000. Assistant Mayor Blank explained a system he saw in use, and stated the biggest problem will be the education of the residents. Regular Council Meeting 7/20/93 7 18 4. Quarterly Financial Statement: Mrs. Morris stated that she reviewed the Financial Statement with Mr. Walker. She further stated that even with the expenditures on munisport, which were not provided for in the budget, the General Fund is at the anticipated percentages. Mrs. Morris stated that barring any disaster the General Fund should come in under Budget this year. Assistant Mayor Blank questioned the required contribution to the pension fund. Mrs. Morris replied 3 percent, she continued to state for the upcoming year, Mr. Rizzo has recommended 5 percent contribution by the Village. Mr. Weiss explained the Village has a defined benefit plan not a defined contribution plan. He continued to explain how Mr. Rizzo figures the Villages' contribution. 5. Budget Hearings: Mrs. Morris explained that the Mayor had suggested a• Workshop Meeting August 30, 1993, Monday at 4:00 p.m. She furtheruexplained as to the Public Hearings. The first Public Hearing Tuesday September 14, 1993, 5:15 p.m. and the second one September 21, 1993, Tuesday, 5:15 p.m. The regular Council meeting will commence at 4:00 p.m. on September 21, 1993. 12. Other Business: Councilman Boggess questioned water and sewer rates. Mrs. Morris replied that this is part of the budget issues. She further explained at this time she is working on the water and sewer budgets. She continued to explain that Miami Dade Water and Sewer has advised the Village the bulk water rates are going to increase by between ten and fifteen percent. Assistant Mayor Blank questioned Surfside going into the water line. Mrs. Morris replied the big question has been pressure problems. She further explained a number of studies have been done by Miami Dade to investigate what is causing the pressure problems. She continued to explain Miami Dade felt the problem was due to a altitude valve in the water station, which has been adjusted. Mrs. Morris stated that she has requested Miami Dade check their meters. She further stated Miami Dade has decided it is up to Bay Harbor Islands, Indian Creek and Bal Harbour what the terms would be if Surfside did join on that line. Discussion ensured as to the disposition of the water tank, either to remove, use as office space. Mrs. Morris stated that this discussion should be held at a budget workshop session. Mrs. Morris reported that the Department of Transportation will be replacing the storm drain by the Sun Bank. She further reported that seven layers of concrete had been found in the drain. Mrs. Morris stated that storm drains in the residential district is Regular Council Meeting 7/20/93 8 lQ owned by the Village. She explained the State regulation in reference to substantial improvements. She continued to state that several intersections have been selected for repair, and are in the process of preparing the plans that must be sent to DEEM. She stated this must be done in order to obtain a permit. If the Village is turned down, the choice will be leaving things as they are, or doing a major upgrade of the system. Mr. Whitman called the Council's attention to an article in the Neighbors. The article stated Surfside has passed a Resolution requesting the Department of Transportation redesign the entrance from 96th Street on to Abbot Avenue. Mr. Whitman gave the history of this turn off 96 Street and requested the Council look into this matter. Discussion ensued and it was the consensus of the Council a Resolution should be sent to the Town of Surfside opposing the re -design. Councilman Boggess stated the Resolution should have the historical background. Mr. Weiss questioned if there was any deed restrictions. Mr. Whitman replied he will have this checked out. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank that a Resolution be sent to thel, Town of Surfside and Department of Transportation opposing the proposed change of traffic pattern on Abbot Avenue. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl absent; Councilman Taplin absent. 13. Adjourn: There being no further business to come before the Council, a motion to adjourn was offered by Councilman Boggess and seconded by Assistant Mayor Blank. The motion carried (3-0) with Councilman Hirschl and Councilman Taplin absent, and the meeting adjourned at 12:05 p.m. Mayo rF Estelle Stern Attest: Jeanette Horton, CMG/AAE Village Clerk /jh Regular Council Meeting 7/20/93 9