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HomeMy Public PortalAbout1990-03-20 Regular Meeting217 COUNCIL MINUTES MARCH 20, 1990 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, March 20, 1990 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 Taplin Councilman James E. Boggess Councilman Andrew R. Hirschl Also Present: Carole S. Morris, Village Manager Steven Helfman, Deputy Village Attorney Marilyn P. Kreger, Village Clerk Having a quorum present, Mayor Stern called the first item. Item #3. Presentations: A. Discovery of America - Quincentennial Committee, Inc. - Presentation by Mericela Gago. Ms. Gago stated that in 1992, the 500th Anniversary of the discovery of America will be commemorated. The U.S. President, in 1985 created a national Quincentennial Committee, Inc. to plan this event. The Governor of Florida created a state wide committee with local groups to develop and coordinate special events to take place in each area. Replicas of the three Columbus ships sail during 1991 and 1992 to arrive at the port of Miami with the President of the United States and King of Spain to be present. Ms. Gago further described the various events that will take place. The purpose of her visit to the Council meeting is to request a one contribution to the non-profit committee to assist in its efforts. In response to a question by Mayor Stern, Carole Morris advised that, if Council wishes to make a contribution it could come from either from the General Fund or the Resort Tax Fund. C/M Boggess expressed the feeling that this should more properly be handled by the Resort Tax Committee with a recommendation back to the Council. Mayor Stern stated that this matter would be placed on the agenda of the next Resort Tax Committee meeting. Mrs. Morris advised Ms. Gago that she would contact her about the next Resort Tax Committee meeting. Item #2: Approval of Minutes: February 20, 1990 and March 8, 1990. Asst. Mayor Blank moved and C/M Boggess seconded a motion to 218 approve the minutes of February 20, 1990 as presented. Vote Taken: A11 Voted Aye C/M Hirschl asked the village Clerk what caused the delay in delivering the minutes with the packets on the previous Friday. Mrs. Kreger stated that because of the volume of work in her office, she was unable to produce the minutes in as timely a manner as she has in the past. C/M Taplin noted a correction to the minutes of March 8, 1990 on page 3 at the top. The minutes indicated that he stated "that if the dish is put anywhere other than the street side then limit the height to 15 feet." He stated that if he said that, what he meant to say was that if the dish is put on the street side, it should be limited to 15 feet. If it is put on the other side, he would agree to a variance. C/M Taplin moved and Asst. Mayor Blank seconded a motion to approve the March 8, 1990 minutes as corrected. Item #3. Presentations: B. Police Department - Officer of the Year - Alfred J. Treppeda Police Chief Baquero recapped Officer Treppeda professional history beginning in 1981. He was one of five nominees who was felt to be the most outstanding among all the nominees. Because of his effort and willingness to participate, the detective bureau is an excellent one. This officer is an asset to both the Police Department and the citizens of Bal Harbour. Mayor Stern congratulated Officer Treppeda and presented him with a $500 U.S. Savings Bond. The Sun Bank, Barnett Bank and Bal Harbour Shops also made presentations of a Saving Bond, tickets to a Miami Heat's game and dinner for two at Tiberios Restaurant. Item #5. Ordinances - Second Reading - An Ordinance Establishing a Comprehensive Method of Code Enforcement, providing for civil offenses and penalties, appointment of special masters, establishing code enforcement procedures; providing for methods of recovery of unpaid civil penalties, review of orders in Dade County Court and establishing a schedule of civil penalties. Mrs. Morris stated that she has presented two drafts of this ordinance for Council consideration. One includes a schedule of fines, while the second does not. It would be up to Council as to which one they wish to adopt. C/M Boggess moved and Asst. Mayor Blank seconded a motion to adopt this ordinance including the schedule of fines. Vote Taken: A11 Voted Aye Ordinance No. 346 Passed 3/20/90 Reg. Council Mtg. 2. 219 Item 46. Ordinances - First Reading - An Ordinance Amending Section 12-23 of the Code; prohibiting overnight parking on streets in the residential districts without a parking permit. Mrs. Morris stated that this subject had been previously discussed by Council and Attorney Weiss indicated that his office would be preparing this ordinance separately from the "Nuisance Ordinance" which was previously approved. This ordinance does not prohibit all parking on the roadway, just overnight unless the resident secures a parking permit in advance. It would not prevent residents from having guests at a party or staying overnight with insufficient parking in the driveways. They would simply have to obtain a parking permit in advance. Asst. Mayor Blank moved and C/M Taplin seconded a motion to adopt this ordinance on first reading. Item 47. Resolutions A. A Resolution approving Collective Bargaining Agreement between the Dade County Police Benevolent Association and the Village and providing for execution thereof by the Village Manager. Richard Weiss, Village Attorney, provided a memorandum covering this agreement which outlines the terms of the agreement. C/M Boggess moved and Asst. Mayor Blank seconded a motion to approve this Resolution. Vote Taken: A11 Voted Aye Resolution No. 405 Passed B. A Resolution awarding a Contract to Homestead concrete for the construction of a Trash Transfer Station. Mrs. Morris stated that bids for this project were opened on March 6th for the demolition of the existing and construction of a new trash transfer station. She directed Council's attention to a summary of all bids received prepared by the engineer, Craig A. Smith & Associates. The low bidder is Homestead Concrete with at $65,259.95 and the high bid $123,470.00. The engineer estimated this project would cost about $75,000.00 Mrs. Morris added that $57,200 was encumbered from the previous fiscal year. The project costs are in excess of original estimates due to more stringent environmental projection placed on the Village by the Department of Environmental Resources Management, as well as the fact that the projected costs were made at least two years ago. Mrs. Morris described the process the water runoff must go through as dictated by DERM. There is a storm drain in the yacht 3-20-90 Reg. Council Mtg. 3. 220 basin that is the Villages that is falling in and the fence must be replaced. The new environmental standards require that the first one inch of runoff must be treated which is an expensive process. This is treated through a series of trenches and rocks and regrading the area, such as a french drain system. C/M Boggess moved and Asst. Mayor Blank seconded a motion to approve this Resolution. Vote Taken: A11 Voted Aye Resolution No. 406 Passed C. A Resolution authorizing the Village Manager to execute an agreement with Stroyne Brothers South for maintenance of Village parking meters. Mrs. Morris stated that Stroyne Brothers has been contracted with the Village for about three years to empty and maintain the parking meters. The revenues have increased significantly over the last few years, partly due to increased rates at the Haulover lot and partly due to active maintenance. Stroyne Brothers is requesting a increase in their rate, due in part to the increased amount of vandalism on the meters. People are using such diverse items as the flip -top tab from a can to use in place of a coin. This doesn't activate the meter, but it does jam the meter which then requires servicing. The collection procedure has changed from once a month to weekly which resulted in an increase in revenues. Asst. Mayor Blank stated that the revenues, to the best of his recollection, are $35,000.00. The cost to maintain 98 meters would be $5,000.00. Mrs. Morris said the actual revenues last year was $43,388.00. C/M Boggess moved and C/M Hirschl seconded a motion to approve this Resolution. Vote Taken: A11 Voted Aye Resolution No. 404 Passed Item #8. Reports A. Mayor and Council - C/M Boggess stated that at the last meeting Merrett Stierheim, President of the GMCVB, was in attendance. He suggested that the Village should take a stand on the issue of a permanent stadium on Key Biscayne for the Lipton Tennis Tournament. It is one of the finest international events that could occur in the area. It brings international players, media and observers. With no financial outlay by the Village, it would get tremendous, positive media exposure. If some isn't done, the tournament will be lost to the area. The location for the tournament has been transformed from a garbage dump to a tennis complex that could be used year-round. He 3-20-90 Reg. Council Mtg. 4. 221 believes the Village should get behind this effort because of the assets the tournament brings to the area. Mayor Stern expressed her support for this effort as well. C/M Hirschl stated that what C/M Boggess is suggesting is for the Council to send a Resolution to the County and the GMCVB. C/M Boggess moved that the Village send a Resolution to the Metro Commission and Merrett Stierheim urging that they take whatever steps are necessary to keep this tournament in Dade County. The motion was seconded by C/M Taplin. Mayor Stern stated that she believes the residents of Key Biscayne are concerned about increasing the size of a stadium to what would be necessary to accommodate a tournament of this size. Vote Taken: A11 Voted Aye C. Village Manager 1. Florida Princess - Mrs. Morris updated the Council by saying that Mr. Lambert, Chairman of the Florida Princess Cruises, did not want to provide a full indemnification policy. As a result, the operation has not started yet. The Village indicated to him that this item is an essential part of the contract, but that the Village is open to alternatives. Mr. Lambert sent new language to the Village which indicated that the first step in the insurance are would be for the Village to look to the regular liability insurance carrier with which the Village didn't have a problem. The Village then requested a copy of the insurance policy to determine the limits of liability. The policy was received on March 15th and is being reviewed by Mr. Weiss. When attorneys for both sides have agreed on acceptable language, the matter will come back to Council for consideration, if needed. 2. Sewer Station Rehabilitation - Mrs. Morris stated that the project is moving very slowly because of having to deal with the state agencies. The pre -construction meeting was held last week, the pumps are being ordered with anticipated delivery in about 3 months. The anticipated work start is 2 months. The bulk of the work will be done during the summer, when many residents are out of town. 3. Beach Renourishment - At the meeting held last week by the Army Corps of Engineers it was indicated that the delays are timely to include an article in the Newsletter to inform the residents of what is happening before and during the project. The project should be started by late April. 4. Sundays Restaurant - It appeared for a while that the noise problems had been resolved. There have been one or two bad weekends of late. Mrs. Morris again contacted the County 3-20-90 Reg. Council Mtg. 5. 222 Manager's office with another request for the lease. She has been working with an associate in the Village Attorneys office who formerly worked for the County. He has been assisting in getting in touch with the appropriate people to get the problem resolved. C/M Boggess questioned whether the complaints are stemming from the fact that people have their windows open during the winter months. Mrs. Morris stated that the complaints did start during the winter season, but that she believes it depends on which way the wind is blowing. The sound seems to carry more when the wind is coming from the north. Item #5. Ordinances - Second Reading - Code Enforcement ordinance Steve Helfman, Deputy Attorney, stated that it has been brought to his attention that, with respect to the Code Enforcement Ordinance previously adopted, the second reading may not have been opened up as a public hearing. If that is the case, he would like to have a motion to reconsider the item, opened the public hearing and vote on it again. C/M Boggess moved to reconsider the Code Enforcement Ordinance, seconded by C/M Taplin. Mayor Stern opened the public hearing, hearing no comments, she closed the public hearing. C/M Boggess moved to approve the ordinance on second reading, seconded by C/M Hirschl. Vote Taken: A11 Voted Aye Item #10. Adjourn There being no further business, C/M Taplin moved to adjourn at 10:15. i Maybr Stern Attest: 4u47L /51.J Village Clerk 3-20-90 Reg. Council Mtg. 6.