HomeMy Public PortalAbout1995-02-21 Regular Meeting;41
COUNCIL MINUTES
REGULAR MEETING - February 21. 1995
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, February 21, 1995, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order by Mayor
Spiegel at 9:35 a.m. 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: Edward A. Gross, Village Manager
Jeanette Horton, Village Clerk
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 Councilman Boggess to approve the minutes
of the January 17, 1995, Regular Meeting. 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 Boggess and seconded by
Assistant Mayor Blank to approve the minutes of the January 27,
1995, Special Meeting. There being no changes or additions, the
motion carried unanimously (5-0), and the minutes were approved as
submitted.
3. Presentations:
a) Proclamation - Save Your Vision Month: Mayor Spiegel
presented a proclamation on "Save Your Vision Month" to Dr. Howard
Purcell, a member of Dade County Optometric Association.
b) Officer of the Year - Steven Goldberg: Chief Treppeda
read from his memo the accomplishments of Officer of the Year
Officer Steven Goldberg. Officer Goldberg was presented with $500
Savings Bond and a plaque from the Village. General Manager Joseph
Terzi of the Sheraton Bal Harbour and Security Director Jack
Wichmann of the Bal Harbour Shops, presented Officer Goldberg with
tokens of appreciation from the Sheraton and Shops respectively.
Officer of the Month: None
4. Public Hearings: None
5. Ordinances Second Reading/Public Hearing: None
6. Ordinances First Reading: None
7. Bal Harbour Club Ocean Front Site- Evaluation and
Recommendation on Future Use Report: Mr. Weiss explained
this item does not require action by the Council. He further
explained the Council requested this report from the Village
Planner, Craig Smith & Associates. He continued to explain the
report which basically evaluates the ocean front site as it relates
to the Master Plan.
Councilman Hirschl stated for the people present, he is sure they
are interested in the report. He then requested Mr. Weiss to
capsulize the report.
Mr. Weiss stated it would be more appropriate to have copies made
and available for anyone who would like a copy of the report.
Samuel Fineberg, 10185 Collins Avenue, requested that a summary of
the report be given at this time.
Mr. Gross then proceeded to read the summary of the report, which
states: The existing Land Development Regulations for t1e subject
property are at present not totally consistent with the permitted
uses in The Future Land Use Element or the Goals, Objectives and
Policies stated in the adopted Comprehensive Plan. The Village
should institute amendments to the Land Development Regulations to
alleviate the inconsistency and establish proper restrictions to
encourage the type and quality of development desired by the
Village.
Alexander Lankler, 276 Bal Bay Drive, read from the report the
Planning Considerations.
Daniel Schwartz, 10205 Collins Avenue, questioned what is the
procedure for re -zoning of this property. Mr. Weiss explained
there are two different ways to proceed. He then proceeded to
explain the different procedures.
The following people spoke against re -zoning the property, they
would like the present zoning to remain. Their desire was for the
open space that now exists on this site.
Maxim Turek, 10205 Collins
Sandra Blestein, 10185 Collins Avenue
Patricia Tumpson, 10185 Collins Avenue
Eileen Pelletier, 10205 Collins Avenue
Dick Stoker, 10205 Collins Avenue
Cheryl Goldberg, 10185 Collins Avenue
Samuel Rosenfield, 10155 Collins Avenue
Richard Marshall, 10185 Collins Avenue
Charles Taran. 10205 Collins Avenue
Mr. Weiss explained theoretically it is possible to purchase
property subject to zoning. Mayor Spiegel explained the citizens
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2
numerical modeling of the coastal system. The modeling to include
dynamics, existing structures and the addition of sand nourishment
and reef placement in several configurations to select the best
option with the least environmental impacts. The cost for the
computer modeling is $28,000. Monies will come from the Beach Fund
Reserve.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to approve this expenditure. 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. Position - Deputy Village Attorney: Mr. Gross
explained in his belief that the Council has confidence in their
attorney Gerald Richman. Therefore, he will now be dealing
directly with him as needed. At this time, he requested that the
position of liaison Deputy Village Attorney be terminated. He
proceeded to explain he spoke to Mr. Weiss who assured that he will
handle any items regarding the problem with the Village's first
attorney.
Assistant Mayor Blank stated at this time he would like to hear
from Mr. Weiss. Mr. Weiss stated at this time he thinks this would
not be appropriate.
Mr. Olsen reported he has been in negotiation with Holland and
Knight, and he is in the process of trying to obtain a $40,000 to
$50,000 rebate from them.
It was the consensus of the Council that Mr. Olsen continue
negotiating with Holland and Knight, and Mr. Gross attend the
mediation sessions.
4. 800 Megahertz Police and Emergency Radio System:
Mr. Gross explained the '800 megahertz system is a computerized
communications system that is impossible, at this time for
criminals to break into. The system works by having hundreds of
actual receiving and sending bands. He further explained as a call
is generated by a patrolman on the scene, or by the base station,
the system randomly picks the frequency to transmit over. This is
what makes the system more secure for the police department. At
this time, he requests the Council approve the purchase of
equipment in the amount of $105,000. Part of the funds are in
account 001.521.640 and the remainder is in a reserve account.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve this purchase. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin aye.
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Councilman Taplin stated the company who purchased the Harbour
House paid 60 Million dollars, they cannot sell any condominium for
$49,900. The selling price would be close to $135,000 per unit or
more.
Councilman Boggess stated he shares Councilman Hirschl's concerns,
but the Council cannot tell the owners what to do with their
property.
B. Village Attorney:
Mr. Weiss explained this item is for information only and is self
explanatory.
B. Village Manager:
1. Collins Avenue Proiect: Councilman Hirschl
explained the Resort Tax Committee voted unanimously at their
meeting to recommend to the Council that ten additional trees be
planted in Founders Circle as part of the Collins Avenue Project.
The cost will be between $40,000 and $50,000. He proceeded to
explain where the trees will be planted.
Councilman Taplin stated he is concerned about spending the money
on trees, when the beach is in need of restoration. When the cost
to restore the beach could be in the millions.
Councilman Boggess stated he is opposed to proceeding with this
project. Several months ago the Council made a commitment to make
improvements under Haulover Bridge, and to date this has not been
done.
Assistant Mayor Blank questioned where are all of the monies going
to come from for this project. He requested to see where the funds
are coming from. Mr. Gross explained the budget for this project
as approved by the Council.
Stanley Whitman, Bal Harbour Shops, gave the history of Collins
Avenue median. He further explained the palms were hit with the
lethal yellowing. At that time Mr. O'Leary was hired to develop a
landscape plan for Collins Avenue.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve the additional ten trees, and the
improvements under Haulover Bridge, which is yet to be determined.
all to be included in the amount that was approved for the project.
The motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
2. State of Florida Request for Computer Model: Mr.
Gross explained it has been determined during a pre -application
with the Department of Environmental Protection they will require
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4
will be notified if and when the Village has zoning hearings.
Assistant Mayor Blank explained why Craig Smith & Associates were
requested to prepare this report. He further explained the Council
does not know if the Club has been sold.
Anthony Riso, 139 Bal Bay Drive, stated as President of the Bal
Harbour Club, the Club may or may not be sold. However, they can
not continue to operate at a deficit. He explained there are 162
proprietary members. He further explained the members bought the
Club from the Graham family, therefore the members deserve to get
whatever compensation they could get for the Club.
Mario Noto, 290 Bal Bay Drive, explained the Club is considering
two offers to purchase the property. He then proceeded to explain
one is from a Canadian Company, who proposes to build two
condominiums. The other proposal is from a local',developer and
they propose to build one hotel and one condominium. These
proposals will be submitted to the members for a vote. The other
option would be to keep the Club.
Councilman Hirschl questioned if the majority of the 162
proprietary members want to keep the Club. Mr. Noto replied that
at this point no one in the Club is authorized to say what the
membership wants.
Maxim Turek, 10205 Collins Avenue, stated that the Council put this
to the vote of the people for the Village to purchase this
property.
Assistant Mayor Blank stated that the Council are public servants
to all of the residents of Bal Harbour. Until the Council receives
written correspondence requesting a change, everything at this time
is only conversation.
Councilman Hirschl stated the concerns that brought the people here
today are also the. concerns of the Council.
At this time Mayor Spiegel called for a 5 minute recess.
The meeting reconvened at 10:40 a.m.
9. Reports and Recommendations:
A. Mayor and Council:
Councilman Hirschl stated he is very concerned about rumors on the
Harbour House being sold and converted to Condominiums for a
selling price of $49,900. He proceed to ask the Village Attorney
if the Council has any recourse to control this from happening.
Mr. Weiss stated he would look into this and report back to the
Council.
Regular Council Meeting 2/21/95 3
10. Other Business:
Denis McGeary, Ba1 Harbour Manor, stated at the last meeting he
questioned the $100 permit fee. He questioned if a permit was
necessary if an air conditioner was purchased, and the only cost
was installation of less then $100.00. He further explained he
spoke to the building department and they referred him back to the
Council. Mr. Gross stated he has not been advised of this problem,
and in his opinion a permit is not necessary.
Bob Maute, Fairfield Manor, requested the Village look into the
legality of Surfside being connected to the water line.
11. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Boggess and
seconded by Councilman Taplin to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 11:50 a.m.
Mayor stelleStern
Attest:
tnette Horton, CMC/AAE
lage Clerk
ge13
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