HomeMy Public PortalAbout1994-12-20 Regular MeetingGEM
COUNCIL MINUTES
REGULAR MEETING - DECEMBER 30. 1994
The -regular meeting of the Bal Harbour Village Council was
held on Tuesday, December 20, 1994, in the Council Chamber at Hai
Harbour Village Hall. The meeting was called to order by Mayor
Spiegel at 9:40 a.m. The roll was called and those present were:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirsch'
Councilman Sol M. Taplin
Also present: Edward A. Gross. Village Manager
Jeanette Horton. Village Clerk
Richard J. Weiss. Village attorney
,
As a quorum was determined to be present, the meeting
commenced.
?. Approval of Minutes: A motion was offered by Councilman
Taplin and seconded by Councilman Boggess to approve the minutes of
the November 15. 1994, Regular Meeting. Mr. Gross requested the
minutes be corrected. page S, under Workers Compensation Costs,
should read current cost is $120,583.00. There being no further
corrections or additions, the motion carried unanimously (5-0), and
the minutes were approved as corrected.
3. Presentations - Officer of the Month: Chief Treppeda
read from his memo. the accomplishments of Officer of the .Month for
November 1994. Officer Andrade and Officer Klingman. Chief
Treppeda explained Officer Andrade was unable to accept this award
today since he is on vacation, and Officer klingman worked the
midnight shift. He further explained both Officers will receive a
plaque and a check for S 00.
4. Public Hearings: none
5. Ordinances Second Reading/Public Hearing: None
6. Ordinances First Reading,: The Ordinance was read. by
title, by the Village Clerk, providing a fee for issuance of a
Certificate of Use/Completion. providing_ for amending building
permit fees, engineering permit fees, mechanical permit fees.
electrical permit fees, gas permit fees and plumbing_ permit fees.
Mr. Weiss explained this is implementing the discussions that took
place at the last meeting. Increasing the fees from S3.5.00 to
$100.00 in order to be more in line with what other cities are
charging. Mayor Spiegel then opened a public hearing for comments.
Discussion followed. Councilman Boggess stated he is afraid going
to S100.00 would encourage non compliance with the work permit
process. Assistant Mayor Blank stated every time the Council
received a list of fines for non compliance, it is always the
residential area or the Bal Harbour shops never the Ocean Front
buildings. He then proceeded to explain an incident that occurred
at the Balmoral. Councilman Taplin questioned what the $100.00 fee
covers. Mayor Spiegel replied the fee is for building permit for
repairs or whatever work needs to be done. Councilman Hirschi
stated he disagrees with Councilman Boggess. He further stated the
reasons for raising the fees is the Village is not meeting the cost
of the inspectors inspecting the jobs, and that the Village fees
are way below other cities in this area.
Councilman Boggess stated he is not questioning having a permit
fee, but he feels the $100.00 fee is too high. and should be
adjusted to $50.00 or $60.00.
Mayor Spiegel then proceeded to ask for the opinion gf the rest of
the Council.
Councilman Hirschl stated $100.00 does not make the department self
sufficient, just more self sufficient. Therefore, the increase fee
to $100.00 is in justified.
Councilman Taplin stated if the fee is $50.00 or $100.00 it would
not enter into obtaining a permit.
Mr. Gross stated he will be working with Mr. Neida to do a better
job of getting the inspections done.
Denis McGeary, Bal Harbour Manor. questioned is the $100.OU
increase to help make a profit or ensure the work is done properly
by a licensed contractor. Mr. Gross replied the main purpose is :o
ensure the work is done properly, and the second purpose is to help
defray the cost of the building department. There being no further
comments, Mayor Spiegel closed the public hearing.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to enact this Ordinance. The motion carried with the
vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye:
Councilman Boggess nay; Councilman Hirschl aye; Councilman Taplin
aye: thus becoming
ORDINANCE NO. 397
AN ORDINANCE OF BAL HARBOUR VILLAGE AMENDING
SECTIONS 6-33, 6-35. 6-36. 6-37. 6-33, 6-39.
AND 6-40: PROVIDING A FEE FOR ISSUANCE OF A
CERTIFICATE OF USE/COMPLETION; PROVIDING FOR
AMENDED BUILDING PERMIT FEES, ENGINEERING
PERMIT FEES. MECHANICAL PERMIT FEES. PLUMBING
PERMIT FEES, GAS PERMIT FEES. AND ELECTRICAL
PERMIT FEES; PROVIDING FOR SEV.E tABILIT'i .
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INCLUSION IN THE CODE AND EFFECTIVE DATE.
7. Resolutions: The Resolution was read, by title, by the
Village Clerk, requesting Governor Chiles declare a state of
emergency with respect to beach erosion and hurricane surge damage
between Government Cut and Baker's Haulover Inlet. Mayor Spiegel
stated Mr. Gross has been actively involved with Miami Beach and
other communities on this matter. She further stated she sent a
personal letter to Governor Chiles and Senator Bob Graham.
requesting that the Village should have emergency relief.
Mr. Gross explained Mr. Terzi of the Sheraton Bal harbour is
present with concerns about the beach. He further explained this
morning they went out to the beach area. and only 30 feet is
available for the Sheraton Bal Harbour guests. He continued to
explain a representative of Breakwater International will be here
January 5th to assess our• beach. The representative,will evaluate
to see if using Beachsaver Reef will work. Mr. Gross then
proceeded to explain if it does he would make every effort to
bypass all the permitting and all the requirements even if it means
going to court.
In addition, Mr. Gross stated at this time the Sheraton Bal Harbour
needs assistance. He suggested the Village could possibly cut
hack 20 to 30 feet of the growth area that now exists. This would
give them additional beach. He further stated the Village should
look at changing the jogging path. He continued to explain he had
the path repaired after Tropical Storm Gordon. without a permit.
He concluded by stating the Sheraton Bal Harbour must have more
beach area.
A motion was offered by Councilman Boggess and seconded by
Councilman Tapiin to adopt this Resolution. The motion carried
with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank
aye; Councilman Boggess aye: Councilman Hirschl aye; Councilman
Taplin aye, thus becoming
RESOLUTION NO. 505
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL
OF BAL HARBOUR VILLAGE, FLORIDA REQUESTING
GOVERNOR LAWTON CHILES OF THE STATE OF FLORIDA
TO DECLARE A STATE OF EMERGENCY WITH RESPECT
TO BEACH EROSION AND HURRICANE SURGE DAMAGE
BETWEEN GOVERNMENT CUT AND BAKER'S HAULOVER
INLET AND TO TAKE ALL NECESSARY MEASURES TO
IMMEDIATELY ADDRESS AND RESTORE THE AFFECTED
BEACHES.
Councilman Boggess questioned Mr. Terzi if it would help if _he
jogging Path was back behind the berm. Mr. Terzi stated currently
there is no beach. Therefore, moving the jogging path would cz-en:r
more beach for the hotel. He further stated this is a s.erinus
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issue. since the hotel is getting ready to renovate their pool
area. He continued to explain the Sheraton contributes
approximately one million dollars in resort tax funding.
Therefore, a short term solution must be addressed to satisfy the
needs of the hotel guests.
Councilman Taplin stated the jogging path can be e'_iminated, but
the berm should not be removed. Councilman Hirschi suggested the
Sheraton Bai Harbour should use the beach behind the Singapore.
since this is an unused beach at this time. As a temporary measure
Councilman Boggess proposed the railing along the present jogging
path from the Singapore and Sheraton Ba1 Harbour be removed. In
addition. small signs be erected along the alleyway stating"jogging
path", as well as a sign at the south end of the Balmoral property.
S. Allen Singer - The North Miami Beach Optimist Club
Special Olympics Mini Meet: yr. Singer explained on
February 12, 1995, the Twelfth Annual Mini Meet will be held at the
North Dade Stadium at Florida International University.,'4Last year
there were almost five hundred competitors entered. This year they
expect eight hundred competitors, which will increase the costs
accordingly. Since the participating schools cover all of Dade
County his organization is requesting donations to help with the
cost of this event. Mr. Singer proceeded to name a few of the
Cities that made donations which were, Hialeah, City- of North
Miami, North Miami Beach. Bay Harbor Islands. Councilman Hirsch'
questioned the amount of the donation made by Bay Harbor Islands.
Mr. Singer replied $500.00.
A motion was offered by Councilman Hirsch? and seconded by
Councilman to allocate S500.00. The motion carried with the vote
as follows: Mayor Spiegel aye; Assistant Mayor Blank aye.
Councilman Boggess aye: Councilman Hirschl aye; Councilman Taplin
aye.
9. Reports and Recommendations:
A. Mayor and Council: None
B. village Attorney:
Sale of Beer and Wine out of Convenience
Establishments in the Ocean Front District: Mr.
Weiss explained no Council action is required on this item. he
explained an application was received from the mini mart located at
the Balmoral requesting permission to sell beer and wine. He
further explained they must have permission from the Village before
the State will issue a license to them. He continued to explain
under his interpretation of the Village Code, mini marts are
allowed in buildings like the Balmoral as a matter of right.
Therefore, they would be allowed to sell the beer and wine. He
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6G4
proceeded to explain the reason he has brought this to the
Councils attention is in the Business District. this is very
strictly controlled. The applicant must appear before the Council
for approval. If the Council wishes the same procedure for the
convenience establishments in the Ocean Front District an Ordinance
must be enacted. It was the consensus of the Council they agreed
with Mr. Weiss's interpretation and no change was necessary.
C. Village Manager:
1. Beach Erosion: This item was discussed under
Item 7.
2. Appointment of Special Masters: Mr. Gross
explained both Special Masters wish to continue. Therefore, at
this time he requests the Council's ratification of these
appointments.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl the Special Masters be re -appointed. The motion
carried with the vote as follows: Mayor Spiegel aye; ,assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin aye.
3. Planting of New Date Palm on 96th Street: Mr.
Gross explained four bids were received to replace the date palm on
96th Street that had died. The low bidder. Groundwarks of Palm
Beach County, Inc. at the cost of S4,750.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to approve the low bidder. The motion
carried with the vote as follows: Mayor Spiegel aye: Assistant
Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye:
Councilman Taplin aye.
Assistant Mayor Blank questioned the progress on phase two of the
Collins Avenue Project. Mr. Gross replied..he has received a fax
from Mr. O'Leary stating all the planning should be complete by
March and have the contract out by June 1st with completion in
October.
4. Mutual Aid Agreements: Mr. Gross explained
the mutual aid agreements with the following Police Departments
will expire January 1, 1995: Bay Harbor Islands; Surfside: North
Bay Village: Indian Creek Village and Metro -Dade. He further
explained the new Mutual Aid Agreements are identical to the
expiring one with the exception of the expiration date. Therefore.
at this time he recommends that these agreements be renewed.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to renew these agreements. The motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye:
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Councilman Boggess aye; Councilman Hirschl aye: Councilman Taplin
aye.
5. Repairs to Jogging Path: Mr. Gross explained
the Jogging Path was washed out in eight or nine areas. The damage
was the result of Tropical Storm Gordon. At this time, he
requested the Council's authorization to pay Homestead Concrete &
Drywall the amount of $34,650.00 for the repairs.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to authorize payment. The motion carried with
the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye:
Councilman Hirschl aye; Councilman Boggess aye; Councilman Taplin
aye.
6. Benefa.t and Salary Survey: Mr. Gross explained
Mr. Hartly will not be able to attend the meetingF. He further
stated if Mr. Hartly can not attend next month meeting he will make
a report to the Council.
7. Employees' Performance Bonus: Mr. Gross stated
he recommends the bonus as shown. He further explained he has
given goals and objectives to the department heads, and will give
goals and objective to the employees. This will explain what must
be done in order to receive better bonuses.
A motion was offered by Assistant Mayor Blank and Councilman
Boggess to authorize payment of the bonuses as recommended by the
Village Manager. The motion carried with the vote as follows:
Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess
aye; Councilman Hirschl aye; Councilman Taplin aye.
10. Other Business: Councilman Taplin suggested postponing
Phase Two of the Landscape Project in view of the condition of the
beach. Mayor Spiegel explained the Council had approved going,
ahead with this project. Assistant Mayor Blank stated when the
proposals come in this can be discussed at 'that time.
Mr. Gross stated usually the Council discuss a bonus for the
Village Clerk and Manager. Councilman Hirschl questioned the
percentage of the bonus the Village Clerk received last year. Mrs.
Horton replied 4%. Mayor Spiegel suggested the Village Cleric
receive an additional bonus for the work she did with the interior
Village Manager. Discussion followed.
A motion was offered by Councilman Hirschl and seconded b�
Councilman Boggess that the Village Clem, be given a 4 bonus. :he
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank nay; Councilman Boggess aye: Councilman
Hirschl aye; Councilman Taplin aye.
11. Adjourn: There being no further_ business to come before
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the Council, a motion was offered by Councilman Boggess and
seconded by Councilman Hirschl to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 10:50 a.m.
Attest:
eanette Horton,"CMC/AAE
'illage Clerk
Regular Council Meeting 12/20/94
Mayor Estelle Sp e