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HomeMy Public PortalAbout1991-06-18 Regular Meeting115 COUNCIL MINUTES JUNE 18,1991 MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, June 18, 1991, in the Village Hall Council Chambers. The meeting was called to order at 9:30 a.m. by Mayor Estelle Stern and the roll was called. Those present were: Mayor Estelle Stern Asst. Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Absent: Councilman Sol M. Taplin Also present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Manager Jeanette Horton, Village Clerk As a quorum was determined to be present the meeting was commenced. 2. Approval of Minutes: May 21, 1991 Regular Meeting: A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Boggess to approve the minutes of the May 21, 1991 Regular Meeting as corrected. The motion carried unanimously (4-0) 3. Presentation: Officer of the Month Victor Valladares: Chief Treppeda presented his report regarding Officer Valladares being chosen as Officer of the Month. Officer Valladares made 16 arrests during the month of May which was the most in the department for that month. Most of the arrests resulted after the subjects were stopped for traffic violations. By arresting three subjects who had open bench warrants and one who had an outstanding fugitive warrant, this Officer removed four individuals from Bal Harbour who were being sought by Police in other jurisdictions. Other arrests included charges for driving under the influence and driver's license offenses. Chief Treppeda congratulated Officer Valladares for the outstanding production during the month of May and presented him with a plaque. Mayor Estelle Stern congratulated Officer Valladares and presented him with a check on behalf of the Village. 4. Public Hearing: None 5. Ordinance - Second Reading/Public Hearing: An ordinance requiring the owners of dogs to immediately remove excrement from such dogs from public and private property, was presented for second reading. Mrs. Horton read the ordinance by title. Village 06/18/91 Reg. Council Meeting 1 116 Attorney Richard Weiss explained that the amendment now includes private property. Extensive discussion followed, Councilman Boggess questioned if this ordinance would apply to a persons own property. Mr. Weiss replied yes. Asst. Mayor Hirschl questioned who would enforce. Mrs. Morris replied Code Enforcement. Mayor Stern opened the public hearing , and as no one desired to speak , closed the public hearing on the ordinance. A motion to enact the ordinance on second reading was offered by Councilman Boggess and seconded by Asst. Mayor Hirschl. The motion carried unanimously (4-0) with Councilman Taplin absent. ORDINANCE NO. 361 AN ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 5.5 OF THE CODE OF BAL HARBOUR VILLAGE; REQUIRING THE OWNERS OF DOGS TO IMMEDIATELY REMOVE FROM PUBLIC AND PRIVATE PROPERTY EXCREMENT FROM SUCH DOGS; PROVIDING FOR SEVERABILITY,INCLUSION IN THE CODE AND EFFECTIVE DATE. An ordinance was presented for second reading which would establish a Resort Tax Committee, specifying membership and providing for powers and duties of committee. The ordinance was read by title by Mrs. Horton. Village Attorney Richard Weiss explained amendments and new section on alternates. Mayor Stern opened a public hearing on the ordinance. There being no comments Mayor Stern closed the public hearing. A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Blank to approve as amended. The motion carried unanimously (4-0) with Councilman Taplin absent. A motion was offered by Councilman Blank and seconded by Asst. Mayor Hirschl to reconsider the motion enacting the ordinance. The motion carried (4-0) with Councilman Taplin absent. Discussion was held in reference to section 1 (g) Removal of Members from Office; Attendance. The consensus of the Council was that the Ordinance should be amended from a two- thirds vote to a majority vote of the entire membership of the Village Council. A motion was offered by Councilman Blank and seconded by Councilman Boggess to enact the ordinance as amended. The motion carried (4-0) with Councilman Taplin absent. 06/18/91 Reg. Council Meeting 2 119 ORDINANCE NO. 362 AN ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 18-42, ET SEC. ; CREATING A RESORT TAX COMMITTEE; SPECIFYING MEMBERSHIP ON THE RESORT TAX COMMITTEE; PROVIDING FOR POWERS AND DUTIES OF THE RESORT TAX COMMITTEE; PROVIDING FOR SEVERABILITY INCLUSION IN THE CODE AND EFFECTIVE DATE. A motion was offered by Councilman Boggess and seconded by Councilman Blank to appoint the members to the Resort Tax Committee: Herb Kaplan, Sheraton Bal Harbour Raj Singh, Sea View Bernie Burke, Singapore Stan Whitman, Bal Harbour Shops Asst. Mayor Andrew Hirschl On motion duly made and seconded, appointments were approved for the Resort Tax Committee unanimously(4-0) with Councilman Taplin absent. 6. Ordinance - First Reading: None 7. Resolutions: None 8. Reports and Recommendations: A. Mayor and Council Asst. Mayor Hirschl questioned Building Inspector if violation on Mr. Marriott's property has been corrected. Mrs. Morris replied for the Building Inspector that Mr. Marriott has been notified by mail. Mr. Markitell has requested extension of 90 days, has been granted 45 days. Mrs. Morris stated she would like to increase fines for work done without permits. B. Village Attorney Mr. Weiss reported that he attended an unemployment compensation hearing on Marilyn Kreger, she was represented by an attorney and witnesses were former Chief Baquero and Sheila Levinson. The hearing was scheduled for one hour but continued much longer. Mr Weiss spoke with Dick Olsen Attorney for the Bal Harbour Civic Assn. and Mr. Olsen will send copy of deed and abstract. Agreed that he would hold off on new sign. C. Village Manager 1. Resort Tax Committee Report a. Collins Avenue/96th Street Landscaping Mrs. Morris introduced Mr. O'Leary of O'Leary Designs Assoc., Rick De Vivero of Craig Smith & Assoc. and Eric Bruno of Creative Images. Mr. O'Leary reviewed the directive given him by the 06/18/91 Reg. Council Meeting 3 120 Resort Tax Committee and the shown and concept. Mr. Bruno, which showed the landscaping a with revitalization. Mr. O'Leary then reviewed the Harbour side and Surfside side. Council. He explained video to be of Creative Images ran the video, s it appears now and as it would cost for the project for both Bal The Preliminary Cost Estimate is 1. 96th Street A Bal Harbour Side 1. New curbing 2. Traffic control module 3. Entry feature 4. Renovated bus shelters & street furniture 5. Median lighting 6. Right of Way lighting 7. New lighting standards 8. Irrigation system ( median & right of way) 9. Landscaping of median islands 10. Existing Palm relocation Sub Total as follows: 17,000 126,000 5,000 40,000 38,000 32,000 36,000 12,000 88,000 5.000 B Surfside side 1. Traffic control module 105,000 2. Lighting standards 32,000 3. New Date Palms 64,000 4. New hedges 2,000 Sub Total II Collins Ave A Bal Harbour side 1. Traffic control module 2. Entry feature 3. Renovated bus shelter & street furniture 4. Median lighting 5. Right of Way lighting 6. New lighting standards 7. Irrigation system (median & right of way) 8. Landscaping a. Median Islands b. Right of Way Palms 9. Existing vegetation relocation 10. Miscellaneous pavement restoration Sub Total 507,000 10,000 195,000 169,000 291,000 215,000 50,000 398,000 373,000 30,000 3,000 399,000 203,000 2,241,000 06/18/91 Reg. Council Meeting 4 123 B Surfside side 1. Traffic control module 35,000 2. Lighting standards 32,000 Sub Total 67,000 Total 2,910,000 III Professional fees 291,000 Contingency 291,000 COST BREAKDOWN Bal Harbour 3,168,000 Surfside 324,000 Grand Total 3,492,000 Mr. De Vivero of Craig Smith & Assoc. explained DOT must approve all plans before work is started. Mr. Stan Whitman reported the Resort Tax Committee approved unanimously and felt that it would bring more value to community. Asst. Mayor Hirschl stated he was impressed with concept and interested in pursuing further. Councilman Blank suggested a workshop should be scheduled. Councilman Boggess was concerned about funds that were spent several years ago to upgrade lighting. The cost of maintenance was also discussed at length. A motion was offered by Councilman Boggess and seconded by Asst. Mayor Hirschl to refer to Resort Tax Committee, Village Manager and Village Attorney to study programs on funding project. The motion carried unanimously (4-0) Councilman Taplin absent. b. Garber & Goodman Service Agreement - Mrs. Morris related the decision of the Resort Tax Committee that Garber & Goodman be placed on a month to month status and proposals for advertising from both Garber & Goodman and outside firms be requested. Need Council's authorization to proceed with advertisement for "Request for Proposals". Councilman Blank stated he would abstain from voting on this issue due to personal conflict. A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Boggess that Garber & Goodman be placed on month to month status and advertise for proposals. The motion carried. Councilman Taplin absent and Councilman Blank abstained. 2. Approval of Expenditure - Paint/Body Repairs to Garbage Trucks: Mrs. Morris explained that at the last meeting she requested authorization for expenditure of $10,850 to paint 3 garbage trucks. At that time the Council was unwilling to proceed with this expenditure. Since the last meeting we have revisited the low bidder and accomplished a reduction in price to $ $ 9,600 for 06/18/91 Reg. Council Meeting 5 124 the 3 trucks. This reduction is the result in switching to a lessor grade of paint and primer. Request for authorization to proceed. A motion was offered by Councilman Boggess and seconded by Asst. Mayor Hirschl authorize the expenditure of $ 10,850. for the better quality paint. The motion carried unanimously (4-0) Councilman Taplin absent. 3. Update: 45th Anniversary of Incorporation Celebration Mrs. Morris stated she has spoken with both the Sea View and Sheraton Bal Harbour and received prices. The Sea View would be $ 20.00 per person and the Sheraton Bal Harbour $ 17.00 per person, regarding the above, also both would provide a birthday cake. Mrs. Morris displayed key chains and pens that would cost between $ 3 to $ 5 to be given away as a souvenir. At this time she needs direction from the Council. Motion was offered by Councilman Boggess and seconded by Asst. Mayor Hirschl to table the 45th Anniversary Celebration. The motion carried unanimously(4-0) Councilman Taplin absent. 9. Other Business: Mr. Bruno questioned repair of sidewalk in front of Bal Harbour Club. and also objected to Bay Harbor Island sign at bridge. Councilman Blank questioned ownership of storm drains in district 5, if the Village should be paying for repairs. Mrs. Morris stated the Village owns the Utilities but the owners repair the street. Councilman Blank questioned Village Attorney as to cost for research to give opinion on ownership. The cost was quoted as $ 10,000. Letters were read by Councilman Blank from Attorneys representing the Village and Bal Harbour Club. A motion was offered by Councilman Blank to authorize the Village Attorney to look into ownership of residential streets and pipes underground and incorporate into code. The motion failed for lack of a second. 10. Adjourn: There being no further business to come before the Council a motion was offered by Asst. Mayor Hirschl and seconded by Councilman Boggess to adjourn. The meeting adjourned at 12:00 p.m. Attest: ALL Lt( A.,-!. Village Clerk 06/18/91 Reg. Council Meeting Mayor Jey,, 6 FORM BB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —Harr NAME —MIDI) NAME hAM' 01 BOARD. COUNCIL COMMISSION, All HORITI. OR COMMITTEE BOGGESS, JAMES E. MAILING ADDRESS 655— 96th STREET DADE CIT1 COUNT) BAL HARBOUR FLORIDA 33154 BAL HARBOUR VILLAGE 7Ht bOARD COUNCIL COMMISSION. At'T HORITL UA C)MMITTLI ( WHICH I SERVE. IS A UNI1 OE XCIT) COUNT) L. OTHER LOCAL AGENCI DATE ON 'HICH VOTE OCCURRED MAY 21, 1991 NAMI OI POLITICAL SUBDIVISION BAL HARBOUR VILLAGE M1 POSITION D. X ELECTIVE APPOINTI VI WHO MUST FILE FORM BB This form is for use by any person serving at the count, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it to making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the mint:tec. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible fo • recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. C L PORSI BB . IIb416 PAGE I IF 171. MAKE NO ATTEMPT TC+ INFLUENCE THE DECISION EXCLP' RY DISCUSSION A7 THE MEETING • lot, should disclose oral'', the nature o' sour confl¢. irint measure oefnre parr.:naunl. • 1 ou should complete tnt form, and flit r wit= If clay:. Lite- tot %nu occurs Hut: Inc persor. responsible tor recording the nunine' o'l in: meeung, wnc shouts mcorporat; the fora a In; minute:. James E. Boggess DISCLOSURE OF LOCAL OFFICER'S INTEREST iicrern diudost tnat on (a) A measure came- or will come hclore m> agency which icbecl one) X inured to my special privatt gain; o; Francis: X. Farrcy May 21 lu 91 (b) The measure before m1 agency and the nature of me- interest in the measure is as follows: lii L. .Clal7i C::. Mr. Ernie Markitell, owner of the property at 114 Camden Drive, was applying to the Council for a zoning variance for a bathroom at his house. This bathroom extends some 7 feet into the side setback and was built some 3 years ago, without a building permit. M. Markitell had called me about this matter and had indicated that, as a last resort, he mjjght have to purchase the empty lot next door and combine it with his present lot, through unity of title, so as to prevent having to demolish the existing bathroom. As the real estate broker for Mr. Farrey, owner of the vacant lot next door, there was a slim possibility that by voting against granting the variance I could have gained from the vote. There was no way I could have voted for the variance because it would have condoned a flagrant zoning violation. May 28, 1991 Dat^ Filed it / Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES FII2.31 % (1965), A FAILURE TO MAKE ANT REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING' IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5.000. C FORM SE • 10-8t PAGE : FORM 8B MEMORANDUM OF VOTING CONFLICT FOR _COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA NAME -FIRST NAME -MIDDLE NAME L_/� H Ij�'rntnA.J 11)) . MAILING ADDRESS // �%.t,'2 ( (pc. i. I A-1 i ,fit t , If_ 1 ('V C I1) n ( ""VTL r MONT) e NAM1 OI &EARL, COO CIL COMMISSION, All HI WTI, Ok COMMITTEE T ij,C ,a sed6o e a/%,�- lHi MARL COUNCIL. COMMISSION, All HURT Ok C(1AIKETTEE ON WHICH I SERVE IS A UNIT OF V/CIT1 _ COUNT1 = OTHER LOCAL AGENC'1 LATE ON N HICH VOTE OCCCIRREL NAME Of OF KEEL i/7�/1/�,jNAL SUBDIVISION ?sir All POSITION IS 4--r c-r Iv) _ APPOINTIVE WHO MUST FILE FORM BB This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 11.13143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you arc encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, piease pay close attention to the instructions on this fond before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measurc which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. It YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting., who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. , C POK M RB - 1046 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISIO's £\CEP; Its DISCUSSION AT THE MEETING: • You should disclose Drafts the nature of your confbc: Ir, the measure netore participating. • Sou should compietc the lorm and file r within 1' days after the vole occurs wttt the person responsible for recormng the minutes of the meeting, who should incorporate the form it the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST herebl disclose that on tat A measure came or Hill come before my agency witch (check onel _ inured to m> special private gam; or Jo // (b) The measure before my agency and the nature of my interest m the measure is as follows: (.7v,: Pm 193: h A M'di)1 lett) Ili y Mara r't.r ci t Jury /'9l Gate End Signature hc;rr. l _......_.^ed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES FI12.31; (19£51. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MA)' BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: 'MPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000. 'ORA. 813- I0-8t PAGE