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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 Regular Council Meeting a/17/9- 109 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 Regular Council Meeting 6/17/97 110 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 Regular Council Meeting 6/17/97 ; 111 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. Regular Council Meeting b/17/97 4 112 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. Regular Council Meeting 6/17/97 113 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. Regular Council Meeting 6/17/97 114 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: Regular Council Meeting 6/17/9- 115 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. Regular Council Mee ❑g 6/17/97 116 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 Regular Council Meeting 6/1-/9' {) 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('