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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. Regular Council Meeting 7/18/95 1 5R 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 Regular Council Meeting 7/18/95 3 00 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. Regular Council Meeting 7/18/95 4 7 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 Regular Council Meeting 7/18/95 5 62 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: Regular Council Meeting 7/13/95 6 69 ..3 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 Regular Council Meeting 7/18/95 64 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 Regular Council Meeting 7/18/95 8 yr 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 Regular Council Meeting 7/18/95 9 66 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 Regular Council Meeting 7/18/95 10