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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 . Regular Council Meeting 12/20/94 GGG 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 Regular Council Meeting .2/20/94 G63 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 Regular Council Meeting 12/20/94 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: Regular Council Meeting 12/20/94 Z%.l 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 Regular Council Meeting 12/20/94 PZak) 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