HomeMy Public PortalAbout1995-07-18 Regular Meeting57
COUNCIL MINUTES
REGULAR MEETING - JULY 18, 1995
The regular meeting of the Bal Harbour Village Council was
held on Tuesday. July 18, 1995. in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.m.
by Assistant Mayor Blank. The roll was called and those present
were:
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also present: Alfred J. Treppeda. Interim
Village Manager/Police Chief
Jeanette Horton. Village Clerk
Stephen Helfman, Village Attorney
Absent: Mayor Estelle Spiegel
As a quorum was determined to be present, the meeting
commenced.
2. Approval of Minutes: A motion was offered by Councilman
Boggess and seconded by Councilman Taplin to approve the minutes of
the June 20, 1995, Regular Meeting. There being no additions or
changes, the motion carried unanimously (4-0), with Mayor Spiegel
absent, and the minutes were approved as submitted.
At this time Assistant Mayor Blank congratulated Councilman Hirschl
on his election as chairman of the Young Presidents Club of Mount
Sinai Medical Center. He then proceeded to congratulate the
Village Clerk on being invited to be a delegate for the Citizen
Ambassador Program to China.
3. Ordinances Second Reading/Public Hearing:
The ordinance was read, by title, by the Village Clerk, providing
a procedure whereby an exemption may be granted after a public
hearing to restaurants from the provision of Section 21-281(8).
Assistant Mayor Blank asked the Village Attorney what could happen
if this ordinance is adopted. and what would the effect be if the
Harbour House converted to a condominium. Mr. Helfman relied this
ordinance is a general ordinance which applies to all multi family
buildings. He further explained after a public hearing. whether
the building is condominium or rental. a restaurant could be open
to the public as well as primarily for the residents of the
building. Assistant Mayor Blank then opened the Public Hearing for
comments. There being none. the Public Hearing was closed.
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A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to enact this ordinance. The motion carried with
the vote as follows: Assistant Mayor Blank aye; Councilman Boggess
aye: Councilman Hirschl aye; Councilman Taplin aye; Mayor Spiegel
absent, thus becoming
ORDINANCE NO. 398
AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA
AMENDING SECTION 21-281 OF THE CODE OF BAL
HARBOUR VILLAGE; PROVIDING A PROCEDURE WHEREBY
AN EXEMPTION MAY BE GRANTED AFTER PUBLIC
HEARING TO RESTAURANTS FROM THE PROVISIONS OF
SECTION 231-281(8) RELATING TO THE REQUIREMENT
THAT OPERATIONS BE PRIMARILY FOR THE RESIDENTS
OF THE BUILDING: PROVIDING FOR SEVERABILITY.
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
The Ordinance was read. by title, by the Village Clerk, providing
for an Occupational License Tax schedule. Assistant Mayor Blank
then opened a Public Hearing for comments.
Councilman Boggess questioned why the fee for cabanas was reduced
not increased. He then proceeded to ask who was on the Committee.
The Village Clerk replied Mr. Singh of the Sea View Hotel, Mr.
Kosher of the Sheraton Bal Harbour, Mr. Lodes of the Bal Harbour
Shops and Mr. Noboa of the Sun Bank. She further explained they
reviewed and compared the Village's fees with other municipalities,
such as Miami Beach. Miami Shores. Bay Harbor Islands, Surfside,
and Key Biscayne. She continued to explain most fees were
increased very nominally. There being no further comments,
Assistant Mayor Blank then closed the Public Hearing.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to enact this ordinance. The motion carried
with the vote as follows: Assistant Mayor Blank aye: Councilman
Boggess aye; Councilman Taplin aye; Mayor Spiegel absent: thus
becoming
ORDINANCE NO. 399
AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA
AMENDING SECTION 9-34 OF THE CODE OF BAL
HARBOUR VILLAGE. PROVIDING FOR AN OCCUPATIONAL
LICENSE TAX SCHEDULE: PROVIDING FOR
SEVERABILITY. INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
5. Ordinances First Reading: None
6. Public Hearing:
Regular Council Meeting 7/18/95
The Village Clerk advised the Council that the owner of Tracts C
and D. Ocean Front Addition. more commonly known as 10275 Collins
Avenue. is seeking an exemption from the requirements of Section
21-281(8) relating to the requirement that operations be primarily
for the residents of the building. Assistant Mayor Blank then
proceeded to open the Public Hearing.
Sonny Holtzman, Attorney, 2601 South Bayshore Drive. stated he is
representing the owners. Harbo Limited Partnership. He further
explained his client is requesting this exemption in order to have
a first class restaurant in the Harbour House. To accomplish this.
advertising is necessary.
Councilman Taplin asked if Mr. Holtzman is representing the
restaurant or the owners of the Harbour House. Mr. Holtzman
replied, as stated previously. he is representing the owners of the
Harbour House, Harbo Limited Partnership.
Mr. Whitman. Bal Harbour Shops, stated he is in favor of the
request for an exemption.
There being no further comments. Assistant Mayor Blank closed the
Public Hearing.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to grant the applicant's request for an
exemption. The motion carried with the vote as follows: Assistant
Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye:
Councilman Taplin aye; Mayor Spiegel absent.
Since Mr. Miller of Craig A. Smith & Associates had not arrived
yet. it was the consensus of the Council at this time to defer
items 6B and 7.
8. Selection of Budget Hearing Dates:
The Village Clerk explained in accordance with the Florida State
Statute, Truth in Millage, the Village cannot hold their Public
Hearings on the same day as the School Board or County. She
further explained in the past, the Village has held the second
hearing on the same day as the regular meeting. starting the
meeting at 4:00 p.m. and breaking for the hearing at 5:15 p.m.
It was the consensus of the Council to hold the first Budget
Hearing September 12th at 5:15 p.m. and to schedule the regular
meeting for September 19th at 4:00 p.m. and recess for the second
Budget Hearing at 5:15 p.m.
Discussed also was a date to hold a budget workshop. 11 was the
consensus of the Council to schedule the workshop for July 28th at
4:00 p.m.
Mr. Treppeda asked the Council if they wished to appoint a Budget
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Committee this year. It was the consensus of the Council that
Assistant Mayor Blank, Raj Singh and Patricia Tumpson be appointed.
9. Reports and Recommendations:
A. Mayor and Council: None
B. Village Attorney:
Status of Yacht Club Regulations:
Mr. Helfman explained at the direction of the Council he has
prepared a draft Ordinance for consideration by the Council. He
then proceeded to explain the proposed ordinance outlines the
proposed permitted uses for the Private Club zoning districts as
well as including two other sections. The first is the uses
permitted in the PC District, the second component of the Ordinance
is setting development intensity, and the third component is a
Public Hearing process for Site Plan Approval. He requested the
Council to review the proposed Ordinance and make any comments or
changes. During that same time period, he will meet with Mr.
Miller and try to finalize the format of the development criteria
together with incorporating the Council's comments. Then he would
be prepared to bring back the ordinance for first reading during
the month of September. He further explained this would be pending
legislation, and therefore, the public would be on notice that the
Village is contemplating legislation. Public Hearing will be held
on some version of the draft Ordinance.
Mrs. Tumpson, The Plaza, requested this matter be acted on as
quickly as possible.
Mr. Treppeda asked Mr. Helfman since this is pending legislation.
if no one could move forward with developing the property. Mr.
Helfman replied publicly the Village has put the public on notice
that there is pending legislation effecting PC properties.
At this time, the Council returned to items 6B and 7. since Mr.
Miller had arrived.
6. Evaluation and Appraisal Report (EAR) of the
Comprehensive Plan:
Mr. Miller explained after the initial discussion. a few points
were raised which caused him to re-examine and re -word some of the
text. The report was amended as follows:
1. Future Land Use Element - The number of vacant single
family lots were recounted, and the Building
Department verified the status of development on the
lots. One new home has been built and another is
proposed to be constructed shortly. Therefore, he has
amended the text.
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2. Housing Element - The acreage and lot count was
amended.
3. Coastal Management Element - The lot count was
amended.
4. Capital Improvement Element has been revised to
reflect that one third of the tourism tax revenue is
set aside for beach renourishment/maintenance and the
balance may be used for tourism.
5. New language is suggested to be added identifying the
Village's existing reserve funds and fund balance
evenues which have ben set aside to assist in
funding some of the anticipated Capital Improvements.
Assistant Mayor Blank opened the Public Hearing for comments.
There being none, the Public Hearing was closed.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to approve this report. The motion carried with
the vote as follows: Assistant Mayor Blank aye; Councilman Boggess
aye: Councilman Hirsch] aye; Councilman Taplin aye; Mayor Spiegel
absent.
7. Resolutions:
The Resolution was read, by title. by the Village Clerk, approving
the Evaluation and Appraisal Report and authorizing transmittal.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to adopt this Resolution. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye: Councilman Hirschl aye: Councilman Taplin aye; Mayor
Spiegel absent; thus becoming
RESOLUTION NO. 513
A RESOLUTION OF BAL HARBOUR VILLAGE APPROVING
THE EVALUATION AND APPRAISAL REPORT OF THE BAL
HARBOUR VILLAGE MASTER PLAN: AUTHORIZING
TRANSMITTAL: PROVIDING FOR AN EFFECTIVE DATE.
9. Reports and Recommendations:
C. village Manager:
1. Award of Bid for Phase II Landscaping Project:
Mr Treppeda explained the following bids were received for the
project:
Vila & Son Landscaping Corporation $1,142.108.00
Reed Landscaping, Inc. $1.473,306.50
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PMN Corporation $1,510.322.33
Recio & Associates, Inc. $1,646.522.32
He then proceeded to recommend that the Council award the bid for
the project to Vila & Son Landscaping Corp., which was the lowest
bidder for this project. He further stated that the Village's
Landscape Architect, Bill O'Leary, recommended that the bid be
awarded to the low bidder, Vila & Son Landscaping Corporation. Mr.
Treppeda stated Mr. O'Leary is present to answer any questions.
Mr. O'Leary addressed the Council and explained the base bid and
the different alternates. The alternates are for Founders Circle
and under Haulover Bridge.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to award the bid to Vila & Sons and include
Alternate 1 and 2. The motion carried with the vote as follows:
Assistant Mayor Blank aye; Councilman Boggess aye: Councilman
Hirschl aye; Councilman Taplin aye: Mayor Spiegel absent.
2. Lighting Fixtures for Phase II Landscaping Project:
Mr. Treppeda explained the Village's Purchasing Agent, Pam
Thompson. checked with four distributors for prices on the light
fixtures for the Collins Avenue Phase II Landscaping Project. He
further explained that Mercedes Lighting Supply and Consolidated
Electric Company both have the same price of $151,696.00. This
price includes an extended warranty. which is as follows:
2 years on the ballast
5 years on the housing
He then proceeded to explain Mrs. Thompson advised him both
companies know of their identical bid and she suggested the Village
give half of the order to each company. Both companies agreed to
this and provided written confirmation to the Village. At this
time. he recommended to the Council that they award half of the bid
to Mercedes Lighting and half to Consolidated Electric Company.
A motion was offered by Councilman Taplin and seconded by
Councilman Boggess to award half of the bid to Mercedes Lighting
and half to Consolidated Electric Company. The motion carried with
the vote as follows: Assistant Mayor Blank aye; Councilman Boggess
aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor Spiegel
absent.
Mr. Treppeda requested Council's pre -approval to expend over
$2,500.00 for any unforeseen circumstances that may occur when
digging.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve expenditures up to $10,000.00 without
Council's approval. The motion carried with the vote as follows:
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Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye: Councilman Taplin aye; Mayor Spiegel absent.
3. Village Manager Search:
Mr. Treppeda explained only nine resumes have been received to
date. Considering the fact that the Council will not be meeting
during the month of August, he would recommend that the deadline be
extended for receipt of resumes until September 12, 1995. He
continued to explain this would most likely give the Council a
larger pool of applications to consider. Therefore, this issue
could be discussed at the September 19th, 1995 Council Meeting.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to extend the deadline for resumes until
September 12. 1995. The motion carried unanimously with the vote
as follows: Assistant Mayor Blank aye; Councilman Boggess aye:
Councilman Hirschl aye; Councilman Taplin aye: Mayor Spiegel
absent.
4. Proposal for Preparation of Landscape Regulations by
Craig A. Smith & Associates:
Mr. Treppeda explained at the June meeting, the Council requested
that Craig A. Smith & Associates prepare a proposal to create
landscape regulations for Bal Harbour Village. This was in
response to a recommendation by the Architectural Review Board.
The cost to prepare such a proposal is $11.650.00. He then
proceeded to explain this item was not budgeted. Therefore, he
recommends that the funds be budgeted for this project in the
1995/96 budget.
Mr. Miller of Craig A. Smith & Associates addressed the Council and
explained his proposal included the following tasks:
A. Research of Existing Practices and Field
Conditions.
B. Prepare draft set of regulations with
illustrative examples.
C. Meetings with Architectural Review Board,
Homeowners Association, Village Council,
Village Attorney.
D. Prepare final set of regulations with
illustrative landscape design guidelines.
He explained for the above tasks. the cost is $11,650.00.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to approve this expenditure for the 1995/96
budget. The motion carried with the vote as follows: Assistant
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Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye:
Councilman Taplin aye: Mayor Spiegel absent.
5. Quarterly Financial Report:
Mr. Treppeda explained at this point, to be exactly on target, the
expenditures would be 75%. but the total of the General Fund
expenditures are currently at 69%. He further explained although
the expenditures appear to be low, there are budgeted items which
still need to be purchased before the end of the year. Therefore.
barring any unforeseen emergency expenditures, the expenditures and
revenue should be very close to even, or over, at the end of the
budget year.
Mr. Walker. Finance Director, was present but had no further
comments on the Financial Report.
6. Village Hall Renovations:
Mr. Treppeda explained the proposed renovations were formulated to
include input from the Building Official and from staff. The
estimated cost to carry out this project is $200,000.00. Currently
budgeted is $110,000.00 for these renovations. If the Council
agrees with proposed renovations, approve Middlebrooks & Associates
as the company to carry out the last phase of this project. Mr.
Treppeda suggested that the Interim Village Manager and Village
Attorney be authorized to execute an addendum to the contract with
Middlebrooks and Associates.
Jose Fernandez and Tom Westberg of Middlebrooks and Associates
addressed the Council and explained the proposed renovations.
After much discussion, it was the consensus of the Council that
Middlebrooks and Associates meet with the Interim Village Manager
and Village Attorney and this item be addressed again at the
September meeting.
7. Recommendation of the Resort Tax Committee:
Mr. Treppeda explained the Resort Tax Committee, at their July
meeting, voted to recommend that the Village discontinue the
services of Key Promotion & Marketing Group. The reason being that
the Committee would like to explore new avenues of promoting the
Village as a tourist destination, such as direct sales. Therefore,
he recommends that the Village Council affirm the decision of the
Resort Tax Committee and discontinue the services of Key Promotion
& Marketing Group.
Ms. LaManna-Amador, President of Key Promotion and Marketing Group.
addressed the Council and requested that they not affirm the
decision of the Resort Tax Committee. She further stated she was
not given proper notice according to her contract.
Councilman Hirschl stated that in December 1994 Key Promotion &
Marketing Group agreed to continue on a month to month basis.
Therefore. at this time, they do not have a contract with the
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Village.
It was the consensus of the Council to affirm the decision of the
Resort Tax Committee and discontinue the services of Key Promotion
& Marketing Group.
8. Recommendation of David Griffith & Associates to
Base Cost -of -Living Adjustment on Current Salary:
Mr. Treppeda explained the Salary and Benefits Study that David
Griffith & Associates prepared for the Village, a recommendation
was made to base the cost- of -living adjustment for General
Employees on the employee's current annual salary. In conjunction
with the previous year's cost -of -living Consumers Price Index,
instead of utilizing the 1990 base annual salary.
Mr. Treppeda then proceeded to explain we are now in the process of
formulating the budget for the next fiscal year, so a decision on
this matter must be made at this meeting. The total cost to the
Village to base General Employees' cost -of -living on their current
salaries for next year would be $4,502.25. He further explained
the police officer's cost -of -living raises are based on their
current salaries. At this time. he recommended that the Village
Council accept the recommendation of Griffith & Associates to base
the cost of living raises for General Employees on their current
salaries, longevity raises be reinstated. and the Village Manager
decide on starting salaries.
Discussion followed as to the reasons at that time for changing the
pay plan for the General Employees and the implementation of the
performance bonuses in lieu of the merit and longevity raises.
A motion was offered by Councilman Boggess to reinstate the 5%
longevity increases after the 5th, loth and 15th year of service,
annual cost of living increases be based on current salary, and all
starting salaries for General Employees will be set by the Village
Manager. The motion carried with the vote as follows: Assistant
Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye:
Councilman Taplin aye; Mayor Spiegel absent.
Councilman Boggess stated he expects to see the performance bonus
cleaned up. He referred to the 4% always received by the office
staff and public works 1% or 2%. Mr. Treppeda stated he will work
on the performance bonus.
10. Other Business:
Mr. Treppeda asked the Council if they wished to have a meeting in
the month of August.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin not to have an August Council meeting. The
motion carried with the vote as follows: Assistant Mayor Blank aye:
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
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aye: Mayor Spiegel absent.
11. Adjourn:
There being no further business to come before the Council. a
motion was offered by Councilman Taplin and seconded by Councilman
Boggess to adjourn. The motion rried unanimously (4-0), with
Mayor Spiegel absent, and the meett�g adjourned at 11:55 a.m.
D
Assistant Mayor Matthew B. Blank
Attest:
eanette Horton, CMC/AAE
Village Clerk
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