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