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.