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
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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
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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
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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
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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
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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
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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
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