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HomeMy Public PortalAbout1993-09-21 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - SEPTEMBER 21, 1993 The regular meeting of the Bal Harbour Village Council was held on Tuesday, September 21, 1993 in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:00 p.m. by Assistant Mayor Blank. The roll was called and those present were: Also present: Assistant Mayor Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk _Richard J. Weiss, Village Attorney G Absent: Mayor Estelle Spiegel Councilman Sol M. Taplin As a quorum was determined to be present, the° meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the minutes of the July 20, 1993, Regular Meeting. There being no changes or additions, the motion carried (3-0), with Mayor Spiegel and Councilman Taplin absent, and the minutes were approved as submitted. A motion was offered by Councilman Boggess and se'conded by Assistant Mayor Blank to approve the minutes of the August 30, 1993, Budget Workshop Meeting. There being no changes or additions, the motion carried (3-0), with Mayor Spiegel and Councilman Taplin absent, and the minutes were approved as submitted. 3. Presentations: Officer of the Month - None 4. Public Hearings: Owner of the property located at Lot 2, Block 12 of the Residential Section of Bal Harbour, more commonly known as 212 Bal Bay Drive, is seeking variances of Section 21-127 to increase the average roof height from 22 feet to 29.5 feet, which would require a 17.5 side setback; Section 21-100 from 30 feet maximum to 34 feet 9 inches above the crown of the road. Assistant Mayor Blank opened a Public Hearing to obtain comments regarding the application. The applicant, Mrs. McClaney, was not present at this time. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to defer this hearing for one-half hour. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Mr. Ted Regular Council Meeting 9/21/93 1 e s Blum, requested the public speaking against the variance be heard at this time. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl hear theµapplication at this time. The motion carried, with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Mrs. Morris stated the Village code provides that if you exceed 22 feet in height you must give an additional foot of side setback, on each side. She further explained the Village has a massive overall height requirement of 30 feet. She continued to explain the applicant is seeking variances from both requirements. Mrs. Morris stated that in April a similar variance of Section 21-127 was granted for Mr. Beigelman. Mr. Desharnais, Building -Inspector, stated the Building Department recommends denial of the variance, Section 21-100, for the overall height. But, the department recommends approval of the variance, Section 21-127, mean roof height. He further explained if the applicant would reduces the ceiling height, and the pitch of tile roof, only the variance for the side setback would be necessary. Mr. Ted Blum, attorney representing Mrs. Reynolds of 202 Bal Bay Drive, as well as a resident living at 111 Bal Bay Drive. He stated that Mrs. Reynolds lives south of the applicant. Mr. Blum. stated, on behalf of Mrs. Reynolds and himself, they are vehemently against these variances being granted. He stated the code was enacted to make Bal Harbour a beautiful community, but now people are coming in requesting variances. He further stated if there is a reason for the request, this he can understand, but to build a large home to satisfy the applicant, is no reason to_ grant a variance. He continued to explain if the variance on the height was granted, Mrs. Reynolds would have a house to close, with over 8000 square feet of home on an 87 foot lot. Mr. Blum referred to the variance that was granted to Mr. Biegelman, which is next door to a large home. Therefore, this home would be in the same likeness, which is very different since Mrs. Reynolds home is only one story. He further stated, as to the variance on the total height, the design of the home would have ten foot ceilings, which could be reduced to eight foot. If the applicant would reduce the height of the ceilings, no variance would be required. Mrs. Frederick Peterson, 78 Camden Drive, stated her views are the same as Mr. Blums'. She further stated, if the variances are granted, Mrs. Reynolds would have no privacy. As well as the value of her home would be reduced. Mrs. Reynolds, 202 Bal Bay Drive, stated she fails to understand why the variances are being considered. She further stated they are in violation of the Village Code. She continued to explain the home is not owned by McClaney, but by her daughter. Councilman Boggess stated the property is in trust, with Adam Petrillo as Regular Council Meeting 9/21/93 2 trustee. John Bruno, 90 Park Drive, stated they should stay within the code. Councilman Hirschl questioned Mr. Desharnais if the property being constructed on Bal Bay drive is within the code. Mr. Desharnais replied, since their request for a variance was denied, they lowered the ceiling height and the pitch of the roof therefore, are building within the code. Councilman Hirschl questioned how the new flood elevations effected the Village. Mr. Desharnais replied no change . Mrs. Morris stated the flood elevations have been in effect since 1972. Councilman Boggess questioned which lot the proposed house is to be built on. Mr. Desharnais replied the south lot. Mr. Weiss asked if a signed notification from the applicant has been received. The Village Clerk replied no. Councilman Hirschl stated the applicant had spoken to members of the Council, therefore the applicant was aware of the hearing. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank that this variance request be denied. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 5. Ordinance- Second Reading/Public Hearing: A. An Ordinance was read, by title, by the Village Clerk repealing Chapter 3, Article III, smoke detection systems -from the Village Code. Mrs. Morris explained this Ordinance deletes the portions of the Village Code that deal with smoke detection systems. She further stated the reason being they have been superseded by the South Florida Building Code. Assistant Mayor Blank then opened a Public Hearing for comments. There being none, the Public Hearing was closed. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to enact this Ordinance. The motion carried with the vote as follows; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming ORDINANCE NO. 382 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. Regular Council Meeting 9/21/93 3 q? B. An Ordinance was read, by title, by the Village Clerk which would amend the Charter relative to election dates. Assistant Mayor Blank opened a Public Hearing for comments. There being none, the Public Hearing was closed. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to enact this Ordinance. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming ORDINANCE NO. 383 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 8-6(b) OF THE VILLAGE CODE PERTAINING TO QUALIFYING PERIODS FOR CANDIDATES RUNNING FOR EL.ECTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Mrs. Morris distributed to the Council an emergency Ordnance that authorizing the transfer of funds within the General Fund. She further explained this is done annually, if necessary. She continued to give the breakdown as to the different departments and amounts. Assistant Mayor Blank opened a Public Hearing for comments. Mr. Raj Singh stated that transferring funds between departments does not show the effectiveness to the original budget, therefore he does not approve of this Ordinance. Mrs. Morris explained this is done annually at the recommendation of the Village's. auditors, so that the Village has a balanced General Fund. John Bruno, 90 Park Drive, stated that the way Mrs. Morris is handling this matter is correct. There being no further comments, the Public Hearing was closed. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to enact this Ordinance. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming ORDINANCE NO. 384 AN EMERGENCY ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, TRANSFERRING FUNDS WITHIN THE GENERAL FUND BUDGET FOR FISCAL YEAR 1992-93. 6. Ordinance - First Reading: None 7. Resolutions: Regular Council Meeting 9/21/93 4 41 A. The Resolution was read, by title, by the Village Clerk which establishes the Water and Sewer rates for the fiscal year 1993/94. Mrs. Morris explained that this Resolution establishes both Water and Sewer rates for the next year according to the first Budget Hearing. Assistant Mayor Blank opened a Public Hearing for comments. There being none, the Public Hearing was closed. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve this Resolution for discussion. Councilman Hirschl stated that it has come to the Council's attention that the infrastructure is collapsing. He continued to state it has also come to the Council's attention it is time to establish a Sinking Fund, which would be a source of revenue to replace the system. Councilman Hirschl stated the Budget Committee has recommended to use part of the cash reserves to underwrite a portion of the increased costs. Therefore, not increasing the rates as was recommended by staff to cover the increase in costs received from Dade County. He further stated he does not approve of this action, which would deplete the cash reserves. Councilman Boggess stated he is very concerned about using the cash reserves, but as he stated at the last meeting will go along for one year. Assistant Mayor Blank stated the Budget Committee's recommendation was for only one year. Councilman Hirschl stated if this is approved $72,500 would be cut of the Sinking Fund, which would be a mistake. Councilman Boggess questioned what the original Water rate that was proposed. Mrs. Morris replied $1.76 per 1000 gallons, which would be an increase of .26 cents per 1000 gallons or 12 to 14% increase. Councilman Boggess then questioned the original proposed Sewer rate. Mrs. Morris replied $1.99 per 1000 gallons, but the reserves in the Sewer Department is sufficient to allow a contribution to keep that rate constant. The motion was called and failed with the vote as follows: Assistant Mayor Blank nay; Councilman Boggess nay; Councilman Hirschl nay; Mayor Spiegel and Councilman Taplin absent. A motion was offered by Assistant Mayor Blank to approve the Resolution that is in the agenda. The motion failed for lack of a second. A motion was offered by Councilman Hirschll and seconded by Councilman Boggess to establish the Water Rate at $1.76 per 1000 gallons, and a Sewer Rate of $1.33 per 1000 gallons. The motion carried with the vote as follows: Assistant Mayor Blank nay; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming 1 Assistant Mayor Blank left the meeting at this time, but returned . Regular Council Meeting 9/21/93 5 LIG RESOLUTION NO. 488 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, ESTABLISHING WATER AND SEWER RATES FOR THE 1993/94 FISCAL YEAR; ESTABLISHING AN EFFECTIVE DATE. B. The Resolution was read, by title, by the Village Clerk adopting an Assessment Roll for the Security District. Assistant Mayor Blank stated that the Council is now sitting as an equalization board for the Security District. Assistant Mayor Blank then opened a Public Hearing for comments. There being none, the Public Hearing was closed. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adopt this Resolution. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess Aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming RESOLUTION NO. 489 RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING AN ASSESSMENT ROLL FOR THE SECURITY DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. At this time the applicant for the prior variance, Mrs. McClaney, arrived. Mrs. McClaney daughter stated they were tole the meeting commenced at 5:00 p.m. by a staff member. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to reconsider the denial of the variance request. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to' reopen the Public Hearing. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to continue this Public Hearing until the next meeting, to re -advertise the hearing and re -notice all parties. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Councilman Boggess directed the Clerk to have the Public Service Aid hand deliver the notices to the involved parties. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to recess this meeting and reconvene after the Regular Council Meeting 9/21/93 6 Budget Hearing. The meeting recessed at 5:25 p.m. The meeting reconvened at 5:45 p.m. 7. Resolutions: C. The Resolution was read, by title, by the Village Clerk which authorizes the filing of a certification request with the Federal Communications Commission to obtain authority to regulate Basic Cable Television Rate, filing of complaints, enforcement of customer services obligation rules. Mr. Weiss explained that recently Federal legislation allows Municipalities to regulate local Cable Television rate. He further stated this Resolution allows the Village to certify to the Federal government to do that. Mrs. Morris stated this Resolution would preserves the Village's rights. Assistant Mayor Blank questioned if passing this Resolution,would there be an effect on private contacts entered into before this Resolution. Mr. Weiss replied local government can not interfere in private contacts with individuals. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to adopt this Resolution. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming RESOLUTION NO. 490 A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; AUTHORIZING THE FILING OF A CERTIFICATION REQUEST WITH THE FEDERAL COMMUNICATIONS COMMISSION TO OBTAIN AUTHORITY TO REGULATE BASIC CABLE TELEVISION RATE; AUTHORIZING THE FILING OF COMPLAINTS WITH THE FEDERAL COMMUNICATION COMMISSION FOR OTHER TIERS OF SERVICES; AUTHORIZING ENFORCEMENT OF FEDERAL CABLE TELEVISION CUSTOMER SERVICE OBLIGATION RULES WITHIN BAL HARBOUR VILLAGE; ESTABLISHING RECOGNITION OF THE COMPLIANCE WITH ALL REGULATIONS CURRENTLY OR HEREAFTER ESTABLISHED BY THE FEDERAL COMMUNICATION COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Reports and Recommendations: A. Mayor and Council: None B. Village Attorney: None C. Village Manager: Regular Council Meeting 9/21/93 7 44 1. Authorization to Proceed with Purchase of Laptop Computers and software for the Police Department: Mrs. Morris requested authorization to proceed with the purchase of 4 laptop computers and software for the total cost of $8,941.00. She further explained with the implementation of the laptop computers it would streamline operations, and provide for greater accuracy, as well as providing for more readily available and comprehensive reports. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve this purchase. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 2. Author-ization to Proceed with Purchase of Recycling Containers for Highrise,.Buildings: Mrs. Morris requested permission to proceed with the purchase of containers for use in the highrise buildings. She further explained she has worked with the buildings to establish a small variety of containers, for use on the building floors and in the garage rooms. She continued to explain the Village will provide central collection containers for the loading dock areas. Mrs. Morris stated most of the building have been satisfied with the range of containers the Village has opted to provide. Assistant Mayor Blank explained the type of system the Balmoral is thinking of installing. He further suggested the other highrise buildings may be interested in this system. He suggested having an opening meeting of all the General Managers of the highrise buildings to present this system. Discussion followed as to delivery dates of the containers. Mrs. Morris explained the prices are not based on bulk, due to the large variety. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess approve this purchase pending that a meeting of the General Managers of the buildings, is held, to discuss recycling alternatives. The motion carried with the motion as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 3. Sanitary Sewer Cleaning & Repair: Mrs. Morris explained a bid was opened on September 10, which dealt with the Sewer system cleaning and repair. She further explained the bids ranged from $13,660 to $84,975. Mrs. Morris stated after reviewing the bid with the Village engineers, it is their recommendation the bid be awarded to SOS Plumbing and Environmental Contractors. She continued to explain this firm was the low bidder, who bid a base rate schedule and an alternate rate schedule for more intense work. She further stated the estimated Regular Council Meeting 9/21/93 8 110 cost would range from $13,660.00 to $18,140.60. Mrs. Morris requested the Council's authorization to proceed with this project. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to proceed with this project. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 4. Architectural Review Board Rules: Mrs. Morris explained the Board requests the Council's approval to change their meeting date from the first Wednesday of the month at 5:30 p.m. to 9:30 a.m. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve this request. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman hirschl aye; Mayor Spiegel and Councilman Taplin absent. :a Mr. Olsen, 224 Bal Bay Drive , requested that the Council request the Board to address the issue of adopting a acceptable palette of roof tiles. Mrs. Morris is to request that the Architectural Review Board address the issue of an acceptable palette of roof tiles. 5. Authorization to Proceed with Painting of Garbage Trucks: Mrs. Morris explained funds were allocated in the current budget to provide for painting of garbage trucks. She further explained prices were sought for painting of vehicles #167 and #168. Mrs. Morris then requested the Council's authorization to proceed with the painting of these vehicles. She further stated the low bidder for vehicle #168 Lasso's Paint and Body in the amount of $3,294, and vehicle #167 Olympia Body Shop in the amount of $3,820. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve this expenditure. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye' Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Mrs. Morris stated the items were not on the agenda. Mrs. Morris stated she has received a call from the Department of Transportation questioning as to the Boon type lighting. She further explained that with the Hurricane monies the department have receive,d they have approved replacing the existing guide wire stop lights as far north as 97th Street. She continued to explain that she is trying to have the light at Harbour Way included, but at this time she has not received an affirmative answer. She Regular Council Meeting 9/21/93 9 4b distributed pictures of the type of traffic lights that would be installed by the department. Mrs. Morris further explained the department has agreed to paint the fixture black, if the Village so desires. She continued to explain Metropolitan Dade County would be maintaining these fixtures. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to accept the new Boon type lighting. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Mrs. Morris stated that the direction of Council is necessary in order to proceed with the ordering of plants for Collins Avenue. Mr. O'Leary was present and explained his views on using perennials instead of annuals. He further explained that there is no perennial that would give a constant color, as seasonal colors would give. He continued to explain the different type of perennils that can be planted and the care it would take to maintain them. It was the consensus of the Council to continue planting annuals. 6. Health Insurance Mrs. Morris explained there are several different alternatives available to the Village. She continued by summarizing the alternatives, which were Medicare supplement; self-insurance plan; and a plan offered by PCA. She further explained the plans offered by PCA are, HMO and a medical indemnity. Mrs. Morris then proceeded to explain the difference in the Village current plans versus the proposed plans offered by PCA She pointed out PCA premiums are in a four tier configuration. Mrs. Morris stated the PCA plan would have a cost savings to the Village of $45,000 annually, as well as a savings by employees for dependent coverage. Discussion followed as the offset of premiums versus the difference in the cost on prescriptions, for employees on the indemnity plan. Assistant Mayor Blank pointed out the increase received from Florida Municipal was only 1%, therefore he would recommend keeping the same carriers. Assistant Mayor Blank suggested hearing from all the companies that have submitted proposals. Mrs. Morris stated all renewal dates, with the present carriers is October 1, but she felt certain they would carry the Village for another 30 days. She further stated this would give the Council more time to make their decision. Assistant Mayor Blank stated he favored the changing to PCA for the HMO plan, but stay with Florida Municipal Health. ,Councilman Hirschl questioned Pamila Thompson on her feeling toward changing carriers. Mrs. Thompson replied she has no problem changing, since with the saving on dependent coverage would allow her, if necessary, to go to a specialist and pay. Councilman Hirschl stated they could approve the HMO plan offered by PCA, but take the extension of 30 days with Florida Municipal Trust, and look into the prescription portion of the policy offered by PCA. Assistant Mayor Blank suggested they defer for 30 days until a full Regular Council Meeting 9/21/93 10 L`. Council is present.2 Assistant Mayor Blank left the meeting at this time. Therefore, the meeting was adjourned at 7;15 p.m. due to lack of a quorum. Attest: eanette Horton,CMC/AAE Village Clerk /jh 2 Assistant Mayor Matthew B. Blank Mr. Bruno requested to be heard as to the Security District Assessment. He was advised this matter was heard and voted on early in the meeting. If he wanted to speak he had an opportunity when the Public Hearing was opened. Mr. Weiss advised Mr. Bruno to contact the Civic Association and discuss this matter with them. Regular Council Meeting 9/21/93 11