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HomeMy Public PortalAbout1994-02-15 Regular MeetingIUD COUNCIL MINUTES REGULAR MEETING - FEBRUARY 15, 1994 The regular meeting of the Bal Harbour Village Council was held on Tuesday, February 15, 1994, in the Council Chamber at Bat Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Spiegel. The roll was called and those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney 4 Absent: Councilman Andrew R. Hirschl As a quorum was determined to be present, the, meeting commenced. Mayor Spiegel called for a minute of silence in memory of Councilman Hirschl's mother. 2. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the minutes of the December 29, 1993, Special Meeting. There being no changes or additions, the motion carried unanimously (4-0), with Councilman Hirschl absent, and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the minutes of the January 10, 1994, Special Meeting. There being no changes or additions, the motion carried unanimously (4-0), with Councilman Hirschl absent, and the minutes were approved as submitted. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to approve the minutes of the January 18, 1994, Regular Meeting. There being no changes or additions, the motion carried unanimously (4-0), with Councilman Hirschl absent, and the minutes were approved as submitted. 3. Presentations - Officer of the Month: None 4. Public Hearings: None 5. Ordinances - Second Reading/Public Hearing: None 6. Ordinances - First Reading: None 7. Resolutions: Mrs. Morris stated she has a Resolution for the Council's consideration. She further explained that she 10 become aware of a bill that has been proposed in the Senate, Senate Bill No.1472. She continued to explain the bill would provide for an expedited closure procedure of the Munisport site. That such a procedure would be approved by the Secretary of Environmental Protection, and there would be no provision for Chapter 120 discussion or reconsideration. Mrs. Morris explained that Mr. Poole, of Holland & Knight, advised if this bill is adopted it could be a problem for the Village. She further explained in speaking to Holland & Knight they advised the best way for them to talk to legislators on the Village's behalf is for the Council to adopt a Resolution opposing the passage of this bill. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to add this item to the agenda. The motion carried unanimously (4-0), with Councilman Hirschl absent. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to adopt this Resolution. The motion carried unanimously (4-0), with Councilman Hirschl absent, this becoming RESOLUTION NO. 495 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, OPPOSING SENATE BILL 1472 (SB1472), PROVIDING FOR TRANSMITTAL OF THIS RESOLUTION TO MEMBERS OF THE FLORIDA SENATE AND HOUSE OF REPRESENT- ATIVES; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Morris explained Linda Karlson, Town Manager of Bay Harbor Islands, called and stated her Council did meet to discuss joining in funding litigation of the Amphitheater issue. Their decision was to form a committee with two Council members and one citizen to mediate with the City of North Miami. If their mediation fails and a positive opinion from their City Attorney, they will at their March 14th meeting consider funding the Coalition up to $27,000. Mayor Spiegel reminded everyone of the Joint Meeting with the City of North Miami on February 16th, at 4:00 p.m, to be held at the Town of Bay Harbor Islands. Mr. Richard Olsen explained in the legislature there are two types of bills, local application and general application, this bill is of local application. He advised the Council to contact the local legislators and express opposition to the passage of this bill. 8. Reports and Recommendation A. Mayor and Council: None B. Village Attorney: None Regular Council Meeting 2/15/94 2 1U( C. Village Manager: 1. National Pollutant Discharge Elimination System Permit: Mrs. Morris explained in 1991 the Village entered into an Interlocal Agreement with Metropolitan Dade County to become a joint applicant with the County in seeking a National Pollutant Discharge Elimination Systems Operating Permit as required by the Environmental Protection Agency. She further explained that Interlocal Agreement is about to expire and she received from Dade County a new Interlocal Agreement which provides for renewal and continuation for a period of seven years. She continued to explain by joining the County and other municipalities it would result in a substantial reduced cost. The estimated cost for the Village, on an annual basis is $1,80.0. She further explained if the Village does not become a joint applicant the cost to the Village would be $50,000 per outfall test, and at least 5 outfalls are required for each permit holder. Mrs. Morris stated the Village Attorney has reviewed this agreement and found it to be acceptable. AShe then proceeded to request the Council's authorization to proceed with execution of the Interlocal Agreement. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to authorize the Village Manager to proceed with the execution of the Interlocal Agreement. The motion carried unanimously (4-0), with Councilman Hirschl absent. 2. Authorization to Proceed with Purchase - Recording Equipment for Police Radios and Telephones: ; Mrs. Morris explained funds in the amount of $18,000 are -provided in the current fiscal year budget for the purchase of a new recording system. She further explained the system would be utilized to record two police frequencies, the dispatch telephone, as well as the supervisor's phones and the detective bureau extensions. She continued to explain this type of system is commonly used by most police departments. Mrs. Morris explained the current system utilized by the Village is a Lanier system, which has been adapted to the Village's phone system but, has no provision for recording the police radios. The system was purchased at a cost of $4,944 in 1987, and has not functioned since the new telephone system was installed. She proceeded to explain the defects of the current system, which are: It utilizes cassette tapes which require frequent changing and can be easily switched off. Mrs. Morris explained the Chief and his staff have reviewed three systems, Lanier, Dictaphone and Magnasyne. She further explained after review the Chief believes the Magnasyne system to be the most technologically advanced, and would best satisfy the departments needs. Mrs. Morris explained the system has a normal life expectancy of 7 to 8 years. She further stated references have been verified and proceeded to name the local users of this system. She then proceeded to request the Council's authorization Regular Council Meeting 2/15/94 3 1U6 to proceed with the purchase of this system at a cost of $17,819. Assistant Mayor Blank questioned why at the time of purchasing the Lanier system that a system which recorded police radio not considered. Mrs. Morris replied she was not the Village Manager at that time nor was Chief Treppeda the police chief. The administration at that time recommended the purchase of a less expensive system. Assistant Mayor Blank then questioned why this system was not considered when the new telephone system was installed. Mrs. Morris replied since this item was not budgeted last year the decision was made to wait until the new budget year. Councilman Taplin questioned if this system can be incorporated with the new telephone system. Mrs. Morris replied yes it would record both radio frequencies and telephone lines. Councilman Boggess stated the current system was purchased in 1987 and the ordinary life of equipment is 7 to 8 years. The current system is seven years old, therefore the proposed sy.Stem is a replacement. A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to authorize the Village Manager to proceed with the purchase of Magnasyne at a cost of $17,819.00. Discussion followed. Mrs. Morris explained that Magnasyne did not offer a trade in for the old system. Therefore, the Village would have to sell it on the open market. Councilman Taplin questioned the letter from Magnasyne stating they have authorized a 30% discount, but the bids are all $17,000, therefore where is the discount. Mrs. Morris replied this system is more expensive and should market for a higher price. but the Village is getting the system at a comparable price. The motion carried unanimously, (4-0), with Councilman Hirschl absent. 3. Resort Tax Fund Budget FY 93/94: Mayor Spiegel stated this item will be tabled until the March meeting. Since Councilman Hirschl is the representative to the Resort Tax Committee, and he was unable to be present at this meeting. Councilman Boggess questioned the tag line We are the difference". Mr. Leshansky explained this tag line was developed by Key Promotion & Marketing Group. 9. Other Business: Councilman Taplin stated the Village is facing a problem in the future. He continued to explain the building being built next to the Bal Harbour Towers received a Regular Council Meeting 2/15/94 4 1Uy permit for 18 stories. But each story is 10 or 11 feet high, plus their auxiliary buildings on the roof, which come to the height of the Towers 25 floors. He proceeded to explain the Architectural Review Board should look into this matter, and only approve a permit based upon the total height of the building including the number of stories. Councilman Boggess questioned if a permit is issued based on the number of stories, but what of the height restrictions for the setback requirements. Mr. Weiss read from the current code, and stated the Council may want to consider revising some of the front setbacks regulations. The Village Clerk requested the Council's direction on the Charter amendment on change of election dates. She explained the Council's direction was to place- this question on the first Countywide election. She continued to explain there is a proposed election for June, but a date certain has not been set at this time. Therefore, to comply with the requirements of placing a Charter amendment on the ballot authorization must be given 60 tq 120 days before the election. This would mean passing a Resolution without a date certain. It was the consensus of the Council to place this Charter amendment on the September Countywide election. Assistant Mayor Blank questioned the Village Attorney on the procedure necessary to change the Charter. He further explained the section he is referring to is the duties of the Village Manager. He continued to state the Village Manager should have approval of the Council in hiring and firing of key employees. He continued to explain with three employees leaving within the last few months there has to be a problem. Mr. Weiss replied the procedure would be as the Village Clerk just explained. Discussion followed. Councilman Boggess stated what is suggested would be a change in the Council/ City Manager form of government. Assistant Mayor Blank stated that is correct;, he feels the Council should know when key employees are leaving. Councilman Boggess proposed that Assistant Mayor Blank be an ad hoc committee to interview these employees and find out why they are leaving then report back to the Council. Assistant Mayor Blank replied the employee may tell him why they are leaving, but request not to be involved. Mayor Spiegel then suggested a citizens committee with Assistant Mayor Blank as chairman. Councilman Taplin stated in his opinion the Village Manager is doing an excellent job, and Assistant Mayor Blank agreed. Councilman Taplin further stated if the Village Manager is doing an outstanding job he feels the Council should let her continue running the Village. Assistant Mayor Blank stated he would defer this discussion until a future meeting. 10. Adiourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and Regular Council Meeting 2/15/94 5 11V seconded by Councilman Taplin to adjourn. The motion carried unanimously(4-0), with Councilman Hirschl absent, and the meeting adjourned at 10:40 a.m. ayor Estelle Stet( Spiegel Attest: 11. Jeanette Horton, CMC/AAE Village Clerk /jh Regular Council Meeting 2/15/94 6