HomeMy Public PortalAbout1993-10-19 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - OCTOBER 19, 1993
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, October 19, 1993, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 4:00 p.m.
by Mayor Spiegel. The roll was called and those present were:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also Present: Carole Sherouse Morris
Jeanette Horton, Village Clerk t
Richard J. Weiss, Village Attorney
As a quorum was determined to be present. the meeting
commenced.
2. Approval of Minutes: A motion was offered by Councilman
Hirschl and seconded by Assistant Mayor Blank to approve the
minutes of the September 14, 1993, Budget Hearing. There being no
changes or additions, the motion carried unanimously (5-0), and the
minutes were approved as submitted.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to approve the minutes of the September 21,
1993, Budget Hearing. There being no changes or additions, the
motion carried unanimously (5-0), and the minutes were approved as
submitted.
Assistant Mayor Blank requested the minutes of the September 21,
1993, Regular Meeting be "corrected, page 8 fourth paragraph first
sentence, should read the Balmoral is thinking of installing, not
is installing. Mr. Weiss requested the minutes be changed on page
2 first sentence, to read to hear the application at this time not
to hear the staff report at this time. A motion was offered by
Councilman Hirschl and seconded by Assistant Mayor Blank to approve
the minutes of the September 21, 1993, Regular Meeting, as
corrected. The motion carried unanimously (5-0), and the minutes
were approved as corrected.
3. Presentations: Officer of the Month - None
4. Public Hearings: The Village clerk advised the Council
that the owner of property located at Lot 3, Block 12, Residential
Section of Bal Harbour, more commonly known as 212 Bal Bay Drive,
is seeking a variance from the requirements of Section 21-102 to
increase the average roof height from 22 feet to 26 feet 6 inches,
Regular Council Meeting 10/19/93
411
which would require a 14 foot 6 inch side setback; Section 21-100
from 30 feet maximum height to 33 feet above the crown of the road.
Mr. Weiss stated this hearing is a continuation of the hearing from
the September 21 Regular Meeting. Mrs. Morris advised the Council
that this hearing was readvertised and explained the changes in the
application. Mayor Spiegel then opened the Public Hearing.
Mr. McDowell, attorney from the firm of Fine Jacobson, addressed
the Council on behalf of the owner Adam Petrillo, Trustee, and
prospective buyers Mr. and Mrs. Rudolph. He explained the
discussion at the September 21 meeting centered on Lot 2, but
should have been on Lot 3, and the original application was in
error. He further stated the applicant has modified their request
since the application was filed to 31.6 feet overall height. Mr.
McDowell then presented. a rendering of the proposed house, and
pointed out how they reduced the height. He continued to explain
the house is 8000 square feet, and the lot coverage will be 31
percent. He then proceeded to address the second variance request,
which is to permit a 10 foot side setback, where the Codi requires
14 feet and 6 inches. Mr. McDowell read a letter from Stan
Shanbron, Treasurer of the Civic Association, stating personally he
supports the variance requests.
Councilman Taplin requested the changes be pointed out on the
rendering. Mr. McDowell explained that a small portion of the tip
of the roof was flattened. Mayor Spiegel questioned the height of
the chimney. Mr. Arthur Soler, Architect, 500 South Ocean
Boulevard Boca Raton, explained chimneys are excluded from the
overall height limitation.
Assistant Mayor Blank questioned the difference between maximum
building height and overall height. Mr. Weiss explained the
building department interpretation of the Code that is within the
definition of height there is two different measurements. He
further explained the applicant is applying for a variance of both.
Mr. Ted Blum, 111 Bal Bay Drive, stated he also represents Mrs.
Reynolds, 202 Bal Bay Drive. He explained Mrs. Reynolds lives
south of the applicant, and the resident who lives north of the
property is out of the country. He continued to explain both he
and Mrs. Reynolds are vehemently against these variances being
granted. He further stated the Code was enacted to make Bal
Harbour a beautiful community. Mr. Blum further stated the design
of the home would have ten foot ceilings on the first floor and
nine foot on the second floor, which could be reduced to eight
foot. Therefore, if the applicant would reduce the height of the
ceilings to eight foot, no variance would be required. Mr. Blum
then referred to Mrs. Peterson's statement she made at the
September 21 meeting, that if this variance is granted, the value
of Mrs. Reynold's property would be reduced. He requested the
Council keep Bal Harbour as beautiful as it is, and not grant these
Regular Council Meeting 10/19/93 2
JV
variances.
Mr. John Scala, 101 Biscay Drive, stated he does not object to the
granting of the variances. He further stated he has spoken to Mr.
Clausner, the owner of the property on the north side, and he feels
Bal Harbour should be beautified and does not object to the
granting of the variances.
Nina Rudolph, 4000 Towerside Terrace, Miami, stated she grew up in
Bal Harbour, and only wants to make Bal Harbour beautiful. She
further explained she went to see Mrs. Reynolds, and Mrs. Reynolds
explained that her only problem was she does not wish Bal Harbour
to change. Mrs. Rudolph stated she only wants to build a beautiful
home, and cannot do so with eight foot ceilings. She further
stated that if the variances are not granted, it would not be
economically feasible.
Mr. McDowell stated that the proposed house will not be adjacent to
Mrs. Reynolds. He further explained the existing house is two
stories, and does not meet the 22 feet height limitation, as it was
built before the code change in 1986. He continued to explain the
existing house has a mid- span elevation of approximately 25 feet
6 inches. Mr. McDowell stated he requests the Council's approval
and grant the requested variances.
Assistant Mayor Blank stated the rendering is beautiful and befits
Bal Harbour. He requested Mr. McDowell to stated the variances the
applicant is requesting. Mr. McDowell stated the variances
requested are for overall height variance of 1 foot 6 inches, and
4.6 feet in the side setback.
Mayor Spiegel addressed Mr. Olsen, President of the Civic
Association, and asked if he had any comments in regards to the
variance requests. Mr. Olsen replied the Association will take no
position on the requests. Councilman Boggess questioned Mr. Olsen
as to the height of his home. Mr. Olsen replied his home is within
the Code, and that the house was built prior to the Code changes
that occurred in 1986. Mayor Spiegel then closed the Public
Hearing.
Councilman Taplin stated that when the zoning was changed in 1986
it acted upon smaller houses with eight foot ceilings. He further
stated since then the lots are now being sold for one million
dollars. Therefore, no one paying that amount for a lot would want
to build a home with eight foot ceilings. He continued to explain
with the changes taking place, he would be in favor of the
variance.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin that the requested variances be granted. The
motion carried with the vote as follows; Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Regular Council Meeting 10/19/93 3
t)
Hirschl aye; Councilman Taplin Aye, and the variances were granted.
5. Ordinance - Second Reading/Public Hearing: None
Mayor Spiegel stated if there were no objections, would hear item
7 at this time, followed by Mr. Gomez from the Florida Department
of Transportation. The Council voiced no objection.
7. Greater Miami Convention and Visitors Bureau: Mr.
Stierheim, President of the Bureau, addressed the Council
requesting approval of the interlocal agreement with the Bureau.
He proceeded to review some of the steps the Bureau has taken to
counteract the bad press the community is receiving due to the
recent violent crimes against tourists. Mr. Stierheim explained
there are several changes in the agreement. One of which addresses
the duration of the agreement, which will be on an annual bases,
and provides for a 90 day notice for non -renewal. continued to
explain the other changes, which are increased reporting to the
participating Public Agencies; expanding the Board tcy include the
Mayor and Manager as voting members; to afford one representative
from a participating agency a voting membership on the Executive
Committee. Mr. Stierheim stated the Bureau has retained the firm
of Howard Rubenstein & Associates, a New York Public Relations
Agency, and Turkel Advertising of Coconut Grove, to help develop
strategy to overcome the bad press the community has received.
Councilman Hirschl stated as Chairman of the Resort Tax Committee
he would like to report to the Council that the Committee voted to
recommend renewal of the Interlocal Agreement and the contribution
be $150,000 to the Bureau.
A Resolution was read, by title, by the Village Clerk, which
authorizes the Village Manager to execut an Interlocal Agreement
with the Greater Miami Convention and Visitors Bureau.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl 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. 491
RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE GREATER MIAMI CONVENTION
AND VISITORS BUREAU; PROVIDING AN EFFECTIVE
DATE.
9. C. Village Manager:
1. Mr. Joe Gomez, Florida Department of
Transportation:
Regular Council Meeting 10/19/93 4
Mr. Gomez addressed the Council about the proposed changes to the
traffic flow along 96th Street. He explained the changes are to
reduce the traffic flow from turning south on to Abbott Avenue and
into the residential area. He presented a rendering which showed
where a sign would be erected restricting through traffic between
certain hours in the a.m. and p.m. He continued to explain being
considered is moving the existing bus stop from Harding Avenue and
96th Street one block west. Mayor Spiegel expressed concern that
the proposed changes will adversely affect the traffic flow in the
Village. Assistant Mayor Blank expressed concern about East bound
traffic being backed up with encouraging no turn on Abbott Avenue.
Mr. Gomez stated with the new signal installation this problem
should be eliminated. Mr. Weiss questioned if the proposed changes
have been discussed with Mr. Whitman. Mr. Gomez replied no, but he
will contact Mr. Whitman.
Councilman Hirschl referred to the letter received from Mr. Gomez
in reference to the signal at Harbour Way. He questioned the date
of July 1994. Mr. Gomez replied that is when construction will
begin. He further explained this signal was not included in the
current project since it was outside of the projects limits. He
continued to explain the Department will provide for the signal at
Harbour Way, and the signal at 96th Street under a separate
contract. As well as. necessary pavement rehabilitation work along
96th Street and the curbing issues on Collins Avenue and 96th
Street.
Assistant Mayor Blank questioned when the work, in Surfside, will
start on Harding Avenue between 94th and 96th Street. Mr. Gomez
replied the commitment to Surfside was not to start until after the
New Years. Mrs. Morris requested Mr. Gomez notice the Village
prior to the start of construction. Mr. Gomez replied he would
notice the Village at least three weeks prior to the start of
construction.
6. Ordinance - First Reading: An Ordinance was read, by
title, by the Village Clerk which authorizes the filing of a
certification request with the Federal Communications Commission to
obtain authority to regulate Basic Cable Television Rates, filing
of complaints, enforcement of customer services obligation rules.
Mr. Weiss explained a Resolution was adopted at the September 21st
meeting authorizing the Village to regulate cable rates. He
continued to explain now the Federal Communications Commissions is
requiring an Ordinance stating the Village will follow their rules
and regulations. He further stated Mr. Guedes, of his office,
attended a meeting at which the County tried to preempt the Cities
in regulating the cable rates. Mrs. Morris explained she had met
with the other Cities serviced by Gold Coast Cable. She further
stated she received a letter from Miami Beach asking if the Village
was still interested. After speaking to Mr. Guedes decided it was
a good idea to pursue.
Regular Council Meeting 10/19/93 5
013
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to enact this Ordinance. 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
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA,
ESTABLISHING THE REGULATIONS BY WHICH BAL
HARBOUR VILLAGE SHALL REGULATE BASIC TIER
CABLE RATES; AUTHORIZING THE FILING OF
COMPLAINTS WITH THE FEDERAL COMMUNICATIONS
COMMISSION FOR OTHER TIERS OF SERVICE;
AUTHORIZING ENFORCEMENT OF FEDERAL CABLE
TELEVISION CUSTOMER SERVICE OBLIGATION
RULES WITHIN BAL HARBOUR VILLAGE; ESTABLISHING
RECOGNITION OF. THE COMPLIANCE WITH ALL
REGULATIONS CURRENT OR HEREAFTER ESTABLISHED
BY THE FEDERAL COMMUNICATIONS COMMISSION; AND
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
8. Dock Usage Agreement: Mrs. Morris explained when the
dock was constructed, the Village negotiated an agreement with the
Florida Princess for usage. But they have since been forced into
bankruptcy. She further stated a company named "Water Taxi" has
expressed an interest in using the dock as a part of expansion of
their service into the Village and Aventura areas. She continued
to explain they were allowed to use the dock on a trial basis
before execution of a long term agreement. Mrs. Morris stated the
agreement is structured similarly to their current agreement with
the City of Ft. Lauderdale, as well as on the previous' agreement
the Village had with Florida Princess. She continued to explain
the permit fee would be $100 based on the number of water taxis
which would be utilizing the dock.
Councilman Hirschl stated'at the Resort Tax Committee meeting the
issue was not the dollar amount to be made. But, to have boat
service available to offer to the Hotel guests.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to approve the Dock Usage Agreement. 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:
Councilman Hirschl referred to the September 21st meeting when the
applicant for a variance claimed they were not noticed. He further
stated that the Village's first obligation is to the applicant. He
then proceeded to instruct the Clerk to make sure the applicants,
Regular Council Meeting 10/19/93 6
for future variance, are properly noticed either by certified mail
or hand delivered with a signed receipt.
Mayor Spiegel requested the Village Manager provide some assistance
to the Village Clerk.
B. Village Attorney: Mr. Weiss stated he will have a
report on the re -districting issue for the next meeting. He
further explained the legal research is done, but the delay was the
need for new census data, which has been received. He continued to
explain his memo to the Council will set forth various options that
will be available to the Village.
C. Village Manager:
2. Authorization to Proceed with Purchases:
a) Hand -Held Meter Readers: Mrs. Morris explained
in the current fiscal year budget, funds are provided for the
purchase of hand-held water meter readers. She further stated she
was advised, that there are two firms who manufacture a land -held
meter reader which is compatible with the Village's existing
utility computer system. The two firms are Software Installed and
Sensus Technologies. Accordingly, she requested demonstrations,
references and price quotations from both firms. Mrs. Morris
stated after review, she is requesting authorization to proceed
with this purchase from Sensus Technologies, the low bidder, at a
cost of $7,235.50. She further explained the cost of the meter
readers will be split equally between the water and sewer funds.
She continued to explain that now it take two men to read the water
meters, but with the hand held meter reader only one men would be
necessary. Therefore, it would mean a savings of $8,000
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to proceed with this purchase. The motion
carried and the vote was as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin aye.
b) Photocopier: Mrs. Morris explained the existing
copier was purchased in December 1989, at a cost of $10,911, no
longer performs in a reliable or satisfactory manner. She further
explained this regularly results in delays and the use of outside
vendors for major projects. She continued to explain
demonstrations and presentations were held on six machines. Both
outright purchase prices and lease prices were reviewed. Mrs.
Morris stated at this time she is requesting authorization to
proceed with the purchase of the Toshiba, model 5020, from Copyco
at a price of $10,526.36. She explained after evaluation of the
lease proposals. she finds no advantage in lease of a copier.
Discussion followed as to the advantage of purchasing the copier
versus leasing. Mrs. Morris explained to lease the Toshiba the
Regular Council Meeting 10/19/93 7
.;
cost to the Village would be $1500 more over the life of the lease,
which is 36 months. Assistant Mayor Blank stated he preferred to
lease the copier, since it would be only $1500 more, rather than
spending a lump sum at this time.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Hirschl to proceed with the lease of the Toshiba copier.
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. Health Insurance: Mrs. Morris explained this
item was left unfinished at the last Council meeting. Therefore,
she is requesting the Council's direction as to how to proceed.
She continued to explain the coverage under both existing plans has
been extended. However, the rate increases that were proposed for
October 1st have been taken into effect. Mrs, Morris then
proceeded to explain the different options that are available.
Which are: to hear proposals from the companies that silbmitted bids
previously; go out for bid once again; proceed with ,.notice of
cancellation to either or both carriers; place these policies or
either one with another carrier; or, renew both policies, as
presently in effect.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to renew with the present carriers and next year
reconsider. Discussion followed. Councilman Boggess questioned
why the Council is not considering changing the HMO carrier, since
both the Village and employees would be saving. Mrs. Morris stated
that if the HMO carrier was changed the savings to the Village
would be approximately $27,000. She further stated due to the
premium being less the employee will save approximately $25 to $50
per month. Councilman Hirschl questioned the effect on Florida
Municipal Health with changing the HMO Carrier. Mrs. Morris
replied there would be no effect. She continued to explain the
only people it would effect are those on the Health Options policy.
Councilman Boggess stated in his opinion two very good alternates
have been offered for less money. Mayor Spiegel stated the Council
has the option to go with either carrier. She further stated she
is salified with Florida Municipal Health, therefore would prefer
to stay with them. Councilman Taplin stated those who have used
Florida Municipal Health know how well they take care of the
claims, with no questions. Therefore, he also prefers staying with
Florida Municipal Health. Mrs. Morris stated she would recommend
moving the HMO carrier from Health Option to PCA.
Assistant Mayor Blank retracted his motion, and Councilman Taplin
retracted his second.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to stay with Florida Municipal Health and to
change the HMO carrier from Health Options to PCA. Councilman
Regular Council Meeting 10/19/93 8
DO
Boggess requested that Medicare Supplements be looked into before
next year. Mrs. Morris stated she received quotes on Medicare
Supplements. but they did not cover prescription. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Boggess nay; Councilman Hirschl aye;
Councilman Taplin aye.
10. Other Business: None
11. Adjourn: There being no further business to come before
the Council, a motion was offered by Assistant Mayor Blank and
seconded by Councilman Taplin to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 12:00 p.m.
Mayor Estelle
Attest:
/ eanette Horton, CMC/AAE
Village Clerk
/jh
iege1
Regular Council Meeting 10/19/93 9