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HomeMy Public PortalAbout1989-11-21 Regular Meeting149 COUNCIL MINUTES NOVEMBER 21, 1989 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, November 21, 1989 at 9:30 A.M. in Village Hall. The meeting was called to order by Mayor Estelle Stern and the roll was called. Those present were: Mayor Estelle Stern Asst. Mayor Matthew B. Blank Councilman Sol M. Taplin Councilman James E. Boggess Councilman Andrew R. Hirschl Also Present: Carole S. Morris, Village Manager Richard J: Weiss, Village Attorney t Having a quorum present, Mayor Stern called the first item. Item #2 - Approval of Minutes - October 17, 1989. C/M Boggess moved and C/M Hirschl seconded a motion to approve the minutes as presented. Vote Taken: All Voted Aye Item #3 - Presentations - Police Department - Civilian Service Award - Jay Smith, Records Officer. Police Chief Robert Baquero presented his reasons for this award and offered his congratulations and that of the department. The Mayor and Council joined him in offering their congratulations as well. Item #7 - Resolutions. to a Charter The Village Manager read the Resolution by title only. The Village Manager, Carole S. Morris, stated that this Resolution would represent the Council taking a position against a proposal made by County Commissioner Hawkins to merge all municipal police departments under the county Public Safety Director. Many other cities have already adopted a similar Resolution. C/M Boggess moved to approve this Resolution, seconded by C/M Taplin. Vote Taken: All Voted Aye Resolution No. 400 Passed 150 The Village Manager read the Resolution by title only. Mrs. Morris stated that a representative of the GMCVB, Mike Collins, is in attendance, and the Village Attorney has reviewed the agreement and approves it with minor changes. The agreement reflects an increase from $75,000 to $100,000 based on a recommendation from the Resort Tax Committee. Asst. Mayor Blank moved and C/M Taplin seconded a motion to approve the Resolution. Vote Taken: All Voted Aye Resolution No. 401 Passed t C. A Resolution Awarding a contract for the Sanitary Sewer Pump Stations 1 and 2 Rehabilitation Project to H.A. Contracting Corp. ,4 The Village Manager read the Resolution by title only. Mrs. Morris had been expecting the engineer for this project, Osvaldo Ojito. She stated that the Resolution allows the Village to award the bid to the low bidder, H.A. Contracting Corp., subject to the state Department of Environmental Regulation approval, since the funds for the project are coming from the state in the form of a loan. Mr. Ojito has checked on the contractor's references which proved to be very positive. C/M Boggess moved and C/M Hirschl seconded a motion to approve this Resolution. Vote Taken: All Voted Aye Item #8 - Reports A. Mayor and Council - None Resolution No. 402 Passed B. Village Attorney - Attorney Weiss reported that he and the Village Manager had a meeting with Municipal Code Corporation reviewing the proofs for the recodification. The Code will have been cleaned up and much easier to use. The galley proofs will be ready within 6 months with the final Code to be ready within 3 months after the galley proof is approved. Mrs. Morris stated that she has authorized the Code company to not prepare what would be the next supplement since the new Code would be ready within a few months thereafter. The Code has not been completely redone since 1974. 11-21-89 Reg. Council Mtg. 2. 151 C. Village Manager 1. Authorization to purchase vehicles - Mrs. Morris stated that the public works department is requesting 2 stake body trucks used by the streets and sewer departments. These trucks would replace two 1980 trucks currently in the fleet. The costs for this purchase is budgeted both in the streets and sewer accounts. The bids came in at $15,275, $14,899.25 and Heintzelman Truck Center with the low bid of $13,970 each. Both the Public Works Superintendent and the Manager are recommending the bid be awarded to the low bidder Heintzelman Truck Center. C/M Boggess moved approval of this purchase, seconded by C/M Taplin. Vote Taken: All Voted Aye The next item is replacement of a 1985 4 wheel drive Chevrolet Blazer used by the Police Department for the beach. The police chief believes that it would be more cost efficient and -}practical to have a small 4 wheel drive truck with a utility box. Since there is no current county bid available, the Village sought competitive bids which included: $13,600 for a 1989 Jeep Comanche, $11,800 for a Ford Ranger and the low bid of $10,600 for a Nissan pickup. Staff is recommending Council award the bid to Frank Hilson Nissan for the pickup in the amount ,of $10,600. The vehicle is used for beach patrol and access roads. There are no American made vehicles available within the Nissan price range. The Ford vehicle is $1,200 more than the Nissan and the Jeep is $3,000 more. While Council would prefer -buying a an American made vehicle, C/M Taplin moved to approve purchase of the Nissan pickup at $10,600, seconded by Asst. Mayor Blank. Vote Taken: Aye - Mayor Stern, Asst. Mayor Blank, C/M Taplin and C/M Hirschl Nay - C/M Boggess 2. Dock Construction: Status Update and Bid Award - Mrs. Morris stated that the last permit from the state is expected on this day. All three permits (Army Corp of Engineers, Metro Dade and State) will have been received. The bids for the work have been received and copies given to Council in their packets for review. Great Southern Builders is the low bidder at a price of $18,200. This company also did the seawall repairs, so the Village is familiar with their work. The work should take 4 - 5 weeks. Mrs. Morris will be negotiating with the Florida Princess for dockage fees and the possibility of recouping some of the cost of the construction from the Princess in exchange for a short term exclusive use of the dock. 11-21-89 Reg. Council Mtg. 3. 152 C/M Taplin stated his belief that since the Bal Harbour Shops will derive the most benefit, that organization should also bear a portion of the cost of construction. C/M Taplin moved to approve the bid to the low bidder Great Southern Builders, Inc. in the amount of $18,200., seconded by C/M Hirschl. Vote Taken: All Voted Aye 3. Sun Bank Sidewalk Addition - Mrs. Morris stated that when the Village constructed the Founders Circle sidewalk, they indicated a sidewalk would be continued around the perimeter of the bank. At the time, the Council expressed that it did not want to do that. There is one section from the fountain on 96th Street to the bank parking lot entrance that does,not have the decorative sidewalk. F The cost for this work is $10,677.50 as a low bid. A time consuming DOT permit would be required and the work wouldn't get started until after the Founders Circle dedication. A4 audit of the funds received from Sun Bank reveals that $190,000 of the $200,000 contribution has been spent, so there is almost enough money left of the bank's money to do the work. Kent Little, Sun Bank, views this walk construction as unfinished business and would enhance the overall appearance of -the entrance ". to Bal Harbour. There would be some practical use; however, it would be primarily aesthetic. Mrs. Morris stated that the reason this work wasn't done previously was concern that it would be putting too much concrete in a small area. It would be taking away from the green space. C/M Boggess is concerned about safety. He said it is a bad place to put a sidewalk. Chief Baquero described the current walking patterns of the pedestrians. C/M Hirschl asked Mr. Little if the bank would be willing to absorb any of the costs over and above what money remains in the contribution made by the bank previously. Mr. Little responded that he didn't think the bank would be prepared to add more funds to what they have already contributed. C/M Taplin stated that since public funds would be used for the work and it appears it wouldn't be in the public's best interest to do this work from a safety point of view, the bank should pay for the entire project. This item would be tabled until the bank comes back with a response as to adding funds for the work. Mrs. Morris introduced Osvaldo Ojito, the engineer on the sewer rehabilitation project, for any questions Council might have. No questions were asked; just a word of thanks for his efforts. 11-21-89 Reg. Council Mtg. 4. 153 4. Village Flag design - getting ready to order the flag, the flag for Council to see. Mrs. Morris stated that she is but she presented a rendering of - for preparation or a complete utility atlas - tnis would include the entire underground utility lines. The existing atlases are in very poor, well used condition. The blue prints are at least 30 years old with several updates which makes it very difficult to locate correct lines. This work would be coordinated with the utility companies and the cost of the work by Smith & Associates is $9,620.00 which is budgeted in the general fund, water fund and sewer fund. C/M Taplin moved and C/M Boggess seconded a motion to approve this addendum #6. This print work would also be input into the engineer's computer system for plotting and updating as needed. Vote Taken: All Voted Aye A.� 4. Village Flag - C/M Taplin asked where the flag would be used. Mayor Stern responded that it would be used on one of the flag poles at Founders Circle. C/M Taplin stated that "Bal Harbour" should be spelled out in block letters, so it could be read, otherwise people wouldn't know what it represents. 5. Utility Atlas - C/M Hirschl commented, with reference to a recent power failure in the Village, that the utility workers didn't know where the power boxes were located. He hopes that the utility companies will have a print from which to locate their equipment in case of emergencies. C/M Boggess identified severe problems in his building about which the utility companies had been notified and did nothing. Mrs. Morris said she would notify the appropriate individual for correction. Item #9 - Other Business A. Mayor Stern commented about complaints received from residents regarding very excessive noise emanating from Sundays at night. C/M Hirschl and residents in the Chambers echoed her comments that the noise is almost intolerable. Mrs. Morris said she will make contacts with the county officials to do something about it. It is primarily on weekends. C/M Hirschl said the music should either go inside or stop earlier. B. Bal Harbour Civic Association - Code Requests - Mrs. Morris stated that at the previous meeting she presented requests from the Civic Association regarding Code enforcement and some changes. Council asked the Association to notify its residents of the list of requests to get more input into the proposals. Mrs. Morris copied the Council with correspondence received from the Association. Staff has not made any recommendations on these 11-21-89 Reg. Council Mtg. 5. 154 requests. Council is being asked to make comments on the concept , of these requests, to give staff direction as to whether they should proceed with preparing new legislation, etc. The list is smaller than the one originally presented as a result of removing zoning recommendations which would be addressed separately and any other requests that are already in the Code. The balance of the eight items are nuisance type items. Asst. Mayor Blank identified that since the requests relate to the residential area only, he requested clarification of certain points, such as number 6 - which prohibits interior work by outside vendors after 9 PM except in emergencies. If there is no noise involved why should such work be prohibited. Tony Riso, President of the Civic Association, stated that he has received complaints from residents about work trucks, being in the area late into the night with workman making noise outside, cleaning tools and equipment and the trucks making noise. He feels 9 PM is late enough for work to be done. Er6prgencies however are permitted. The prior permission would come from the Village Manager. Mr. Riso said all residents who attended the Association meeting were in favor of this item except one. Residents were given the opportunity to speak regarding matters of concern in the village. The question was raised..as to which is the governing authority in the area - the municipal government or the Civic Association. The Council read through each item on the list with comments on each. After discussing each item, Council was asked to make individual motions to direct staff to prepare the appropriate legislation. C/M Hirschl moved and C/M Taplin seconded a motion to approve item #1 prohibiting garage sales, auctions and estate sales in the single family area and directing staff to prepare such an ordinance. Vote Taken: All Voted Aye Item #2 - Ban all "Open Houses" for real estate sales. It relates to a public open house. A "by invitation open house" would be permitted. C/M Hirschl moved and C/M Taplin seconded a motion to approve item #2. Vote Taken: All Voted Aye 11-21-89 Reg. Council Mtg. 6. 155 Item 43 - Require the shielding of garbage cans from the street. C/M Taplin moved and C/M Hirschl seconded a motion to approve this item. Vote Taken: All Voted Aye Item #4 - No on -street parking at night without permission. No parking on lawns. All passenger vehicles to be parked in driveways or designated side of street. C/M Taplin stated this could create a problem for houses having guests. It was clarified this refers to overnight parking only. Nobody would be permitted to park on the streets overnight without a permit. C/M Boggess is opposed to this - this is going too far. Chief Baquero described the policy the police department has used in the past and so this has not been a problem for police enforcement. Council agreed to change this item to prohibit no parking on lawns. Asst. Mayor Blank moved to limit this item to prohibit parking on lawns, seconded by C/M Taplin. Vote Taken: Aye - Mayor Stern, Asst. Mayor Blank, C/M Taplin and C/M Hirschl Nay - C/M Boggess Item #5 - Limiting specific outdoor activities to certain days and hours. Mr. Riso stated that the Code currently has such restrictions; however, the dates and times schedules are different. This provision would make the limitations uniform throughout the year. The Village Attorney suggested.revising this provision to state it in terms of noise levels rather than type of work, to make it more defensible. Chief Baquero stated that if this item governs all of the Village, the people living in the condominiums will be very upset about allowing outside work before 9:00 A.M. which is what the law is now. Council agreed to leave the law the way it is, with the addition of Legal Holidays. C/M Boggess and C/M Hirschl seconded this motion. Vote Taken: All Voted Aye Item #6 - Prohibit interior work by outside vendors after 9 P.M. except in emergencies. C/M Boggess moved and C/M Hirschl seconded a motion to approve this provision. Asst. Mayor Blank was opposed to this provision. Vote Taken: All Voted Aye 11-21-89 Reg. Council Mtg. 7. 156 Item #7 - Prohibit operation of loud machines, etc. between 11 P.M. and 8 A.M. - The Village Attorney read the current law. C/M Boggess stated since the Village allows the Oceanfront District to have loud noises up to certain levels until 1:00 A.M. with Village Manager approval, the single family area should be given the same consideration. C/M Hirschl moved and C/M Taplin seconded a motion to encompass C/M Boggess recommendation. Vote Taken: All Voted Aye Item #8 - Residences may only be used for residential, living purposes. - The Attorney stated that the Code already addresses this matter. This would prohibit use of homes for large, regular meetings. State law permits group homes about which the Village can do nothing. C/M Boggess addressed the issue,of operating businesses from homes as being acceptable in cases where there are no clients or traffic, but may have one or two employee working in the home. The Civic Association, as stated by Tony Riso, is opposed to this. Using a single family house as a rooming house is also prohibited. No action was taken on Item #8. Item #10 - Adjourn - There being no further business to come before the Council, C/M Taplin moved and Asst. .Mayor Blank r) seconded the motion to adjourn. y r Stern Attest: Village Cler 11/21/89 Reg. Council Mtg. 0