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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