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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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