HomeMy Public PortalAbout1997-06-17 Regular Meeting108
COUNCIL MINUTES
REGULAR MEETING - JUNE: 17, 1997
The regular meeting of the Bal Harbour Pillage Council was
held on Tuesday. June 17. 1997, in the Council Chamber at Hal
Harbour Village Hall. The meeting was called to order at 1:05 p.m.
by Mayor Spiegel. The roll was called and those present were:
Mayor Estelle Spiegel
Assistant Mayor Andrew R. Hirschl
Councilman James E. Boggess
Councilman Peg E. Gorson
Councilman Daniel S. Tantleff
Also present: Alfred J. Treppeda. Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Pillage Attorney
As a quorum was determined to be present- the meeting_
commenced.
2. Pledge of Allegiance:
by Assistant Mayor Hirsi..hi.
Pledge of allegiance was led
3. Approval of Minutes: A motion was offered by
Councilman Boggess and seconded by Councilman Tantleff to approve
the minutes of the May 13, 1997. regular meeting. There being no
additions or corrections. the motion carried unanimously l5-01, and
the minutes were approved as submitted.
4. Presentations - Officer of the Month: None
5. Public Hearings: ;None
6. Ordinances Second Reading/Public Hearin: None
7. Ordinances First Reading:
The ordinance was read, by title. by the Village Clerk amending
Section l4 of the Village Charter, and Sections 8-3. 3-4 and 3-5 of
the Village Code, as well as providing for submission of the
Charter amendment to the Electors. and providing requisite ballot
language. Mayor Spiegel then proceeded to open a Public hearing
for comments.
Mr. Weiss explained the State Statute provides for a mail ballot
election, which can be done for this issue. Also, if the Council
so desires they can wait and place this issue on the county ballot
next year. The County will be having elections in September,
October and November 1993. This is prior to the next Village
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election. The Council decided to place this question on a County
ballot. and the date to he decided on second reading of the
ordinance.
Mayor Spiegel explained the Village's Code provides that someone
moving into the Village on the day of election could run for the
Council. This ordinance would change that. and require one year
residency. There being no further comments. Mayor Spiegel closed
the public hearing.
A motion was offered by Assistant Mayor Hirsch! and seconded by
Councilman Boggess to enact this ordinance. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor
Hirschl aye; Councilman Boggess aye: Councilman Gorson aye:
Councilman Tantleff aye. thus becoming
ORDINANCE NO. 422
AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA.
AMENDING SECTION 14 "VILLAGE COUNCIL:
QUALIFICATIONS: ELECTION" OF THE VILLAGE
CHARTER AND AMENDING SECTION 8-3 "ELECTION OF
COUNCILMEMBERS - GENERALLY SECTION 8-4
"ELECTION OF COUNCILMEMBERS - QUALIFICATION OF
CANDIDATES AT LARGE" AND SECTION 8-5 "ELECTION
OF COUNCILMEMBERS - RESIDENCE REQUIREMENT" OF
CHAPTER 8 "ELECTIONS". PROVIDING IOR ONE YEAR
RESIDENCY REQUIREMENT AS QUALIFICATION FOR
CANDIDACY FOR VILLAGE COUNCIL: PROVIDING FOR
SUBMISSION OF THIS CHARTER AMENDMENT TO
ELECTORS FOR APPROVAL OR DISAPPROVAL:
PROVIDING FOR REVISION OF GENDER REFERENCES TO
INCLUDE BOTH GENDERS: PROVIDING FOR REQUISITE
BALLOT LANGUAGE: PROVIDING FOR SEVERABILITY:
PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR INCLUSION IN THE CODE: AND
PROVIDING FOR EFFECTIVE DATES FOR THE CHARTER
AMENDMENT .AND THE CODE AMENDMENT.
8. Resolutions: None
9. Re -Appointment of Resort Tax Committee: Assistant Mayor
Hirschl explained the members of the Resort Tax Committee are
appointed for one year. which ends on June 30th. He further
explained the Village Code provides that the members be appointed
by the Council.
Councilman Boggess made the following nominations:
Andrew R. Hirschl
Stanley Whitman
Anthony Noboa
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110
Jaime Valdes
Alexander Kalas
Councilman Boggess explained Mr. Kalas is the manger of Carpaccio
Restaurant and. in his opinion, he would be a good representative
on the Resort Tax Committee.
There being no further nominations a motion was offered by
Councilman Boggess and seconded by Councilman Tantleff to appoint
Andrew Hirschl. Stanley Whitman, Anthony Noboa. Jaime Valdes.
Alexander Kalas to the Resort Tax Committee. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor
Hirsch' aye; Councilman Boggess aye; Councilman Gorson aye:
Councilman Tantleff aye.
10. Florida International University Roz and Cal Kovens
Conference Center Contribution: Councilman Corson
explained Elaine Gordon was unable to attend the meeting today, but
would like the opportunity to attend next month's meeting.
Mayor Spiegel stated they are seeking a $500.00 contribution. and
the conference center is named for residents of Bal Harbour.
A motion was offered by Councilman Corson and seconded by
Councilman Tantleff to approve a contribution of $500.00. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Hirschl aye: Councilman Boggess aye: Councilman
Corson aye; Councilman tantleff aye.
11. Munisport Dump Site - Maureen Brody Harwitz: Charles
Brown, 268 Bal Bay Drive. introduced Ms. Harwitz gave the Council
an update regarding important events involving the Munisport Site.
Ms. Harwitz addressed the Council and explained on June 26th,
decisions are to be made that could have far reaching adverse
effects. If the Federal oversite of that toxic waste site is
terminated. this would make way for the construction of an
amphitheater. She then proceeded to give a brief history on the
Munisport Dump site. At this time. she requested the Council
authorize the Village's Environmental Attorneys to attend the
meeting on the June 26th. which will not be open to the public.
Mr. Treppeda stated he has spoken to the Village's attorneys and
they will be present at this meeting.
12. Reports and Recommendations:
Mayor and Council:
Discussion of Surf-Bal-Bay Fall Recreation Program -
Mayor Spiegel: Mayor Spiegel explained she had a
conversation with Mayor Paul Kovack of Surfside in reference to
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having a recreation program for the children. He notified her that
the school will allow use of their grounds for this program. This
would keep teenagers off the streets and keep them occupied. At
this time, Mayor Kovack has not gotten back to her with an amount
of a contribution from the Village. She will keep the Council
advised.
Discussion of Buoys for Beach — Mayor Spiegel: Mayor
Spiegel explained several months ago a resident requested
information on placing buoys on our beach. The buoys would protect
swimmers. children, and keep the wave runners and other water craft
away from the Village's shoreline. She continued to explain she
has been working with Mr. Treppeda. and he has gotten information
from Sunny Isles where buoys were placed. This information was
forwarded to the village's engineers. and Mr. Treppeda will be
working with them to accomplish placing the buoys.
Village Attorney:
Discussion of Standards for Variances: Mr. Weiss
explained there are two types of standards. which are compatible
standards, and hardship standards. He continued to explain the
compatible standard is currently in the Village Code. The hardship
standard is inherent to the property.
Assistant Mayor llirschl asked if the Village adopted a hardship
standard would that allow the Council to grant variances that the
Council thinks would he beneficial. Mr. Weiss replied the
Council's hands would be tied. He further stated that almost never
is a variance granted if the code provided for a hardship standard.
Mr. Weiss stated the issue is whether the Council wants to leave
themselves with more discretion. as they now have. or because of
changing attitude take away that discretion.
Mayor Spiegel asked what other communities have hardship standards.
Mr. Weiss replied other communities that have a hardship standard
ignore them. If the Council wishes to change to the hardship
standard an ordinance would have to be passed.
Assistant Mayor Hirschl stated in the last twelve years of living
in the Village he has seen proliferation of new individuals buying
homes and fixing them up, demolishing and upgrading. Also, there
has been a proliferation of variance requests. He is interested in
further discussion on the possibility of a hardship based variance.
which would keep the majority of variances out of the Council
Chamber. In his opinion. this Council has a community and residents
to protect against damaging the integrity of the Village.
Stanley Whitman, Bal Harbour Shops, stated in his opinion. the
variances should be handled by the deed restrictions. Mr. Weiss
replied deed restrictions are a private matter.
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112
Councilman Gorson stated. in her opinion. if the Viliae stays with
a compatibility standard. a unanimous vote of the Council should be
required.
Councilman Boggess stated he can see the advantages of the hardship
standard with a unanimous vote.
councilman Tantleff stated he would be in favor of adopting a
hardship standard. but the Council should intend on not granting
any variances.
Mr. Treppeda asked if there could be separate standards for
business and residential. Mr. Weiss replied the Village could have
separate standards. Mayor Spiegel stated in her opinion. the
Village should have only one standard.
Pat Tumpson, the Plaza. asked if the Village had in place A
hardship standard. would the variances granted the Majestic be
allowed. or would the Council have been able to use their
discretion for the betterment of the Village. Mr. Weiss replied
maybe.
Howard Berlin, 07 Bal Bay Drive, urged the Council to agree with
Mayor Spiegel and he consistent throughout.
uharles Brown, 268 Bal Bay Drive, agrees with Mr. Berlin the
standard should be consistent.
Councilman Tantieff requested more time to think about this issue.
councilman Boggess stated in the past the building department took
care of the issue of variances. and allowed things to happen that
should not have happened. At this time, the Village has a good
Building Official, and the Village Manager should inform him how
the Council feels about this issue'
Mr. Weiss stated he will send the Council samples of hardship
cases.
Pension : Mr. Weiss stated the one area he does not do
is pension work and. in his opinion, the Village should have a
pension attorney look at the Village's pension plan. At this time.
he requested authorization from the Council for $2,500.00 for a
pension attorney to review the Village's plan, and if the cost
exceeds this amount he will come back to the Council.
A motion was offered by Councilman Tantleff and seconded by
Assistant Mayor Hirschl to authorize $2.500.00 for a review of the
Village's pension plan by an attorney. The motion carried with the
At this time. Councilman Boggess left the meeting.
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113
vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye;
Councilman Boggess absent; Councilman Corson aye: Councilman
Tantleff aye.
Village Manager:
Approval of Majestic portion of Phase 2 Landscaping
Project: Mr. Treppeda explained at the May Council
meeting. the Council approved. in concept. the final portion of
Phase II Landscaping Project. This last portion is to include the
following:
Medjooi Date Palms in front of the Majestic
Condominium
One Palm to be added to Tiffany Condominium as
previously approved by Council
One Palm to he relocated due to a conflict
with the ❑ewly installed traffic mastarm pole
One palm to be added just north of the
relocated tree
Remove the brown paver area at 102nd and
Collins Avenue and replace it with gray
granite sidewalk.
At this time, he requested Council approve Vila & Son Change Order
#5 at a cost of S99,276.00.
A motion was offered by Councilman Tantleff and seconded by
Assistant Mayor Hirschl to approve Vila & Son Change Order u5 in
the amount of $99,276.00. The motion carried with the vote as
follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman
Boggess absent; Councilman Gorson aye; Councilman Tantleff aye.
Mr. Whitman stated the bus bay located at Collins Avenue and 96th
Street has no palm trees. To complete Phase 1I of the project
three more trees are necessary. It was the consensus of the Council
that Mr. O'Leary be on next month's agenda with costs for trees i❑
the bus bays.
Majestic Landscaping: Mr. Treppeda explained at the
request of Jerry Oren. the developer of the Majestic Condominium.
a meeting was held to discuss landscaping at the 96th Street
entrance to the beach area which is on the south side of the new
condominium. He further explained no funds have been budgeted for
improvements to this area. He suggested to the Council this could
be included in the Village's Beach Master Plan improvements. Also
the Village could work out an agreement with Mr. Oren to share the
costs for beautification of this area.
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114
It was the consensus of the Council that Mr. O'Leary should
continue discussions with Mr. Oren. and Mr. Treppeda look into
eliminating the taxi stand that is located on 96th street.
Proposals for Beach master Plan: Mr. Treppeda explained
as directed by the Council. he has obtained proposals from three
Landscape Architects to provide conceptual layouts for the repair
of the existing jogging path, a new proposed bike path. a landscape
plan for the beach area, and provision of alternative ideas with
respect to beautification of the beach area. The following
proposals were received:
Bradshaw. Gil & Associates
O'Leary Design Associates
Edward D. Stone Jr. & Associates
$14.500.00
$14.650.00
$15.000.00
At this time, he requested the Council consider the three
proposals. and award the job to one of the companies.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tantleff to award the job to Bradshaw. Gil & Associates
for the amount of $14.500.00. The motion carried with the vote as
follows: Mayor Spiegel aye: Assistant Mayor Hirschl aye•: Councilman
Boggess absent: Councilman Gorson aye: Councilman Tantleff aye.
Telcon Change Order #4/Aulhorization of additional funds:
Mr. Treppeda explained at the March Council meeting, Change Order
04 was approved for Telcon to line deteriorated sewer mains in the
residential area. The amount approved for this change order was
$39.450.00.
Once the contractor began the work on the sewer lines. it was
determined that there was more pipe to be lined than originally
anticipated. The contractor was authorized to perform the
additional work. The cost of additional unanticipated work is
$12,415.00, which brings the total change order cost to $51,865.80.
At this time. Mr. Treppeda requested the Council approve an
additional $12.415.80 for Telcon Change Order ;.4.
A motion was offered by Assistant Mayor Hirschl and seconded by
Councilman Tantleff to approve the additional $12,415.80. The
motion carried with the vote as follows: Mayor Spiegel aye:
Assistant Mayor Hirschl aye: Councilman Boggess absent: Councilman
Corson aye: Councilman Tantleff aye.
Parking Meter Rate Survey/Enforcement/Revenue: Mr.
Treppeda explained as requested at the last Council meeting, he
conducted a survey on parking meter rates in other cities. He
further explained of the ten cities which have parking meters only
two cities had rates higher than the Village. which are as follows:
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City of Miami .?5 for 12 minutes
City of Fort Lauderdale .25 for 10 minutes
A motion was offered by councilman fantleff and seconded by
Councilman Gorson to increase the rate to .25 for 10 minutes at the
north lot. The motion carried with the vote as follows: Mayor
Spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess
absent: Councilman Gorson aye; Councilman Tantleff aye.
He then proceeded to review the statistics relative to parking
citations issued by the police department during 1997. which are as
follows:
January 1997
February 1997
March 1997
April 1997
May 1997
109 Citations issued
109 Citations issued
62 Citations issued
223 citations issued
747 Citations issued
Recommended Changes to the Finance Department: Mr.
Treppeda explained in order to insure adequate supervision for the
two employees in the Finance Department. he is proposing that the
Village Clerk be given the additional title of Finance Director,
John Walker. a part time consultant currently has the title.
He continued to explain the erratic work schedule of Mr. Walker's
does not allow him the time necessary for the proper supervision of
the employees of the finance department. He then proceeded to
explain he recommends that the Village retain the services of Mr.
Walker as a Financial Consultant on an as needed basis.
Mr. Treppeda then proceeded to explain the Village Clerk has been
a valuable asset to him in overseeing the Finance Department as
Assistant Finance Director. In order to provide full-time
supervision to that department, he feels the Village Clerk should
be designated as the Finance Director. He explained the Village
Clerk's 17 years as Village Clerk/Finance Director at Biscayne
Park, her 4 years at the Chrysler Corporation qualify her for this
position.
Discussion followed as to the different errors that have been
discovered in the Finance Department.
At this time. Mr. Treppeda requested the Council consider his
recommendation to appoint the Village clerk as Finance Director,
making her new title Village Clerk/Finance Director. Retain John
Walker as a Financial Consultant on an needed basis. Authorize a
salary increase of $5,000.00 for the Village Clerk for the new
responsibilities. which would be balanced by decreasing the budget
for the Financial Consultant.
Mr. Weiss stated he will look into the provision of dual office.
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but the Council could proceed at this time to approkc the tit lc
change to Village Clerk/Finance Director.
A motion was offered by Councilman Tantleff to appoint the Village
Clerk as Finance Director with a salary increase of $5.000.00. and
retain a new Financial Consultant. Thu motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch' aye:
Councilman Boggess absent: Councilman Gorson aye: Councilman
Tantleff aye.
Resort Tax Committee Recommendation - Tropical Tribune
Cover for Miss Universe: Mr. Treppeda explained Mrs.
Rosenthal purchased the cover for the June 4-24 issue of the
Tropical Tribune. The cover was a photo of Mayor Spiegel
presenting a key to the city to the new Miss Universe. He
continued to explain Mrs. Rosenthal requested for the Village,
through the Resort Tax Funds, to pay half of the $2,000.00 cost for
the cover. The Resort tax Committee voted unanimously to approve
this expenditure.
At this time, he requested the Council consider approval of the
Resort Tax Committee's recommendation to pay half the cost of the
Tropical Tribune cover. The cost to the Village would be $1.000.00.
A motion was offered by Councilman Tantleff and seconded by
Councilman Gorson 10 approve the Resort Tax Committee's
recommendation. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Hirschi aye; Councilman Boggess
absent; councilman Gorson aye; Councilman Tantleff aye.
Resort Tax Committee Recommendation - Approval to retain
Clipping Service: Mr. Treppeda explained the Resort Tax
Committee has recommended the approval of Luce Clipping Service to
provide the Village with articles which mention Ba1 Harbour. He
further explained this is contingent upon a cancellation clause of
less than three months.
He then proceeded to explain the Village's public Relations
consultant found Luce to have the lowest price, which is as
follows:
Monthly fee: $239.00
U.S.: $1.14 per page of articles
Latin America $1.70 per page of articles
At this time. he requested the Council consider the recommendation
of the Resort Tax Committee to utilize Luce Clipping Service to
locate and provide articles which refer to Bal Harbour village.
A motion was offered by Councilman Tantleff and seconded by
Assistant Mayor Hirsch: to approve the Resort Tax Committee's
recommendation. The motion carried with the vote as follows: Mayor
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117
Spiegei aye: Assistant Mayor Hirsch] aye: Councilman Boggess
absent: Councilman Gorson aye: Councilman Tantleff aye.
13. Other Business: Jerry Kahn, addressed the Council and
explained he a Telecommunication Consultant and would like to set
up a meeting with the Council to explain his company. It was the
consensus of the Council that Mr. Kahn speak to the Village
Manager.
Mr. Treppeda reported that the Village Hall renovations have
started, and requested if the Council would appoint Councilman
Gorson to work with him o❑ the carpet and wallpaper for the Village
hall. since she is an Interior Designer.
A motion was offered by Councilman Tantleff and seconded by
Assistant Mayor Hirsehl that Councilman Gorson be designated as the
Village's official designer. The motion carried with the vote as
follows: Mayor Spiegel aye: Assistant Mayor llirschl aye; Councilman
Boggess absent: Councilman gorson aye: Councilman Tantleff aye.
Howard Berlin, 67 Bal Bay Drive. stated he is speaking on behalf of
the Civic Association Board. and requested the Council consider
changing the meeting time to the evenings.
It was the consensus of the Council not to make a decision at this
time since Councilman Boggess was not present, but this should be
placed on next month's agenda for discussion.
14 Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Tantleff and
seconded by Councilman Gorson to adjourn. The motion carried
unanimously (4-0) with Councilman Boggess absent. and the meeting
adjourned at 3:10 p.m.
Mayor Lstelle Spiegel
Attest:
Jeanette Horton, CMC/AAE
Village Clerk
Regular Council Meeting 6/17/97 1('