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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 Regular Council Meeting 2/21/95 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. Regular Council Meeting 2/21/95 5 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 Regular Council Meeting 2/21/95 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 Regular Council Meeting 2/21/95 6