HomeMy Public PortalAbout1995-09-19 Regular Meeting177
COUNCIL MINUTES
REGULAR MEETING - SEPTEMBER 19, 1995
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, September 19, 1995. in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 4:08 p.m.
by Assistant Mayor Blank. The roll was called and those present
were:
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Also present: Alfred J. Treppeda. Interim Village
Manager /Police Chief
Jeanette Horton, Village Clerk
Stephen Helfman, Village Attorney
John Walker, Finance Director
Robert Wheldon. Public Works
Director
Absent: Mayor Estelle Spiegel
Councilman Sol M. Taplin
As a quorum was determined to be present, the meeting
commenced.
2. Approval of Minutes: A motion was offered by Councilman
Boggess and seconded by Councilman Hirschl to approve the minutes
of the July 10, 1995, Workshop Meeting. There being no additions
or changes, the motion carried unanimously (3 -0). with Mayor
Spiegel and Councilman Taplin absent, and the minutes were approved
as submitted.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve the minutes of the July 18, 1995.
Regular Meeting. There being no additions or changes, the motion
carried unanimously (3 -0) , with Mayor Spiegel and Councilman Taplin
absent. and the minutes were approved as submitted.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve the minutes of the August 2, 1995,
Special Meeting. There being no additions or changes, the motion
carried unanimously (3 -0), and the minutes were approved as
submitted.
3. Presentations.- Officer of the Month: None
4. Public Hearings:
The Village Clerk advised that the Council sits as an equalizing
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Board to hear and consider all complaints as to the Security
Assessments. Assistant Mayor Blank explained the assessment is the
same as last year. He then proceeded to open the Public Hearing
for comments. There being none. Assistant Mayor Blank closed the
Public Hearing.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to adopt the Resolution adopting the Security
Assessment Roll. The motion carried with the vote as follows:
Assistant Mayor Blank aye; Councilman Boggess aye: Councilman
Hirschl aye; Mayor Spiegel and Councilman Taplin absent. thus
becoming
RESOLUTION NO. 517
RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING AN
ASSESSMENT ROLL FOR THE SECURITY DISTRICT:
PROVIDING FOR AN EFFECTIVE DATE.
The Village Clerk advised the Council that there is a proposed
increase in the Sanitary Sewer rate. According to Bal Harbour
Village Code a public hearing is held when there is a proposed rate
increase. Assistant Mayor Blank then proceeded to open the Public
Hearing for comments. There being none. Assistant Mayor Blank
closed the Public Hearing.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to adopt the Resolution increasing the rates.
The motion carried with the vote as follows: Assistant Mayor Blank
aye: Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel
and Councilman Taplin absent. thus becoming
RESOLUTION NO. 518
RESOLUTION OF BAL HARBOUR VILLAGE. FLORIDA
ESTABLISHING SANITARY SEWER RATES: PROVIDING
FOR AN EFFECTIVE DATE.
5. Resolutions:
Mr. Treppeda explained the Mayor received a letter from
Commissioner Pearlson of Miami Beach in which he requested the
Village Council adopt a Resolution in support of the Dade County
Beach Renourishment Project.
The Resolution was read. by title. by the Village Clerk supporting
the Dade County Beach Renourishment Project.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to adopt this Resolution. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman
Taplin absent, thus becoming
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RESOLUTION NO. 520
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL
OF THE VILLAGE OF BAL HARBOUR. FLORIDA IN
SUPPORT OF THE DADE COUNTY BEACH RENOURISHMENT
PROJECT BETWEEN GOVERNMENT CUT AND BAKER'S
HAULOVER INLET.
6. Brian Flynn - DERM:
Mr. Treppeda explained he asked Mr. Flynn of the Dade County
Department of Environmental Resources Management to update the
Council relative to beach renourishment issues. Such as: the
status of the proposed renourishment of Bal Harbour's beaches.
other options available to the Village in the event that beach
renourishment does not occur, discussion of the success or failure
of the artificial reef system.
Mr. Flynn addressed the Council and stated he was asked by Mr.
Treppeda to give a brief update as far as what's happening with
beach renourishment and the County. He further explained he also
wanted to make the Council aware of several items at the Federal
level that are happening.
Mr. Flynn explained the Clinton Administration has proposed, as
part of its cost cutting measures, limiting the role of the Army
Corps of Engineers in the future in terms of all sorts of projects
that they historically have been involved in, including beach
renourishment. He continued to explain as it's proposed right now.
we probably wouldn't be impacted, but new projects would basically
be eliminated from federal participation in terms of financing.
Mr. Flynn explained they are working closely with E. Clay Shaw's
office and some of the other members of the Florida Delegation to
ensure this measure doe not pass. He then proceeded to request the
assistance of the Bal Harbour Council to contact the Florida
Delegation and make them aware that beach renourishment is a very
important issue for South Florida.
Mr. Flynn stated as to sand sources there are two in Dade County.
One is the sand off shore of Golden Beach and the other is located
south of Government Cut. He further explained a federal injunction
was brought by Golden Beach. At this time, the Department of
Justice is reviewing the documents that the Army Corps of Engineers
prepared in order to go back to the Judge to get the injunction
lifted. So, basically, the first part of the project is planned to
continue within the next six months.
Mr. Flynn continued to explain the second phase of the project
would include Bal Harbour, Surfside, and another segment of Miami
Beach. He proceeded to explain they are developing the source of
sand that they will use, which is located just offshore south of
the Port of Miami. The schedule for the second project is
scheduled for construction sometime within 1996. The reason for
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not being sure of the exact date is because there is a couple of
issues that involved the sand source that they are planning to use.
as well as the probability that they will be using some Bahamian
sand on a test basis.
Mr. Flynn explained that they are working on some of the
environmental issues associated with using Bahamian sand. One of
which is the sea turtles. A study is now being done on Miami Beach
to look into the effects of the sand on the sea turtle hatchlings.
Also. they are working with the State Department because there is
some diplomatic issues to be resolved with the Bahamian Government.
If they can resolve some of the technical issues and diplomatic
issues. the project should go ahead without any further problems.
Mr. Flynn explained there are other sources of sand available, such
as Central Florida, where there is an abundance of sand which could
be trucked down. The reason they haven't looked at that as a
preferred option is logistics and cost. He further explained even
if this source of sand was to be used the project still would not
start until next year. He then proceeded to explain in terms of
something that could be done right now on a small scale. He
further explained he has had conversations with some trucking
operations in Central Florida. He continued to explain one truck
operator stated the cost for bringing a load of sand to South
Florida would be between five and seven dollars a cubic yard. This
would not include the grading of the sand therefore, the cost would
be approximately ten dollars a cubic yard.
Councilman Boggess asked Mr. Flynn if he knew how many cubic yards
there was behind the Sheraton Bal Harbour and the Majestic. Mr.
Flynn replied that would be very hard to say, but he thinks
probably about 30,000 cubic yards.
Assistant Mayor Blank asked Mr. Flynn if it would be cheaper to
bring the sand by train. Mr. Flynn replied if this was done you
would be handling the sand twice. Therefore, that would not be
cost effected.
Assistant Mayor Blank then proceeded to ask Mr. Flynn if the
Village was willing to coop with the Army Corps of Engineers could
the Village be first to receive renourishment.
Mr. Flynn stated that his recommendation would be to wait and see
as far as where they are going with their current planned project.
He further stated it would be better to stay with the project that
is planned right now and hopefully have the project implemented by
the end of 1996. Therefore. funding is not the issue at this time.
After what happened with phase one, the Corps is very sensitive
that everything is done right.
Councilman Hirschl asked Mr. Flynn if there was anything the
Council could do politically to solidify the 1996 date. Mr. Flynn
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replied right now they are on firm footing, and they have been
working with the State and Federal Delegation to make sure the
projects move ahead. He further stated if they run into a problem
it would help if the Council would contact both the State and
Federal Delegation.
Councilman Hirschl asked Mr. Flynn if it was certain that Bal
Harbour will be included in project two. since Mr. Babbit visited
Surfside. Mr. Flynn replied he knows that Congressman Shaw is very
interested that Bal Harbour receives its renourishment. Therefore.
he does not think that there is a strong possibility that Bal
Harbour will be left out of the renourishment project.
Mr. Flynn stated in reference to the breakwater reef in Palm Beach,
they found that after two years the area directly behind where the
breakwater was had lost approximately 90,000 cubic yards of sand.
Therefore, they are now pulling out the breakwater.
7. Single Family Residential Zoning Criteria Proposed
Amendments - Michael Miller Craig Smith & Associates:
Mr. Miller addressed the Council and explained in May of this year
Craig Smith & Associates was requested to prepare an analysis and
recommend amendments to the existing Land Development Regulations
in the R -1 and R -2 zoning Districts. He further explained on May
16th, a presentation was made to the Council with their initial
recommendations. The Village Council requested that this matter be
referred to the Architectural Review Board and the Bal Harbour
Civic Association for comments. Presentations were made to the
Architectural Review Board on two occasions. The initial meeting
was introductory in nature. The second meeting was very specific
as each recommendation was reviewed in detail. The Civic
Association passed a motion to endorse the suggested amendments.
Also, Mr. Brown submitted a letter individually expressing his
personal opinion on this matter.
Mr. Miller then proceeded to review Craig Smith & Associates (CAS)
current recommendations and that of the Architectural Review Board
(ARB) to the Council. which are as follows:
R -1 Zoning District
1. Increase the rear setback for the main residence from 10' to
30'. Maintain the present setback for the garage /servant
quarters and privacy wall.
CAS current recommendation: Amend as suggested.
ARB recommendation: Amend as suggested.
2. Decrease the front (seawall) setback from 40' to 25'.
CAS current recommendation: Do not decrease /maintain 40'
setback.
ARB recommendation: Do not decrease /maintain 40' setback.
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3. Decrease the height for side setbacks from 22' to 11 from
which additional setback distances are required.
CAS current recommendation: Amend as suggested.
ARB recommendation: A percentage of a side building elevation
should be permitted to stay at the 10' side setback.
4. Maintain the side setback ratio at 1' of additional setback
for each 1' in height.
CAS current recommendation: Maintain the current standard.
ARB recommendation: Maintain the current standard.
5. Add a definition to establish a "story" height, 11' was
the recommendation.
CAS current recommendation: This is not necessary as both R -1
and R -2 districts presently contain a 2 story /30' height
limitation.
ARB recommendation: Code amendment not necessary.
6. Establish a maximum height limit in feet for garages and
servant quarters in the R -1 zoning district. Fifteen feet was
recommended.
CAS current recommendation: Amend as suggested.
ARB recommendation: Amend as suggested.
7. Decrease the allowable lot coverage ratio from 40% to 300.
CAS current recommendation: Amend as recommended by the ARB.
ARB recommendation: The lot coverage should stay at 40% but
include all impervious building areas.
8. Establish Floor Area Ratios.
CAS current recommendation: Do not adopt.
ARB recommendation: Do not adopt.
R -2 Zoning District
1. Increase the rear setback requirement from 10' to 15'
CAS current recommendation: Amend as suggested.
ARB recommendation: The setbacks should be increased, but this
should be based on a building width.
2. Decrease the height for side setbacks from 22' to 11' from
which additional setback distances are required.
CAS current recommendation: Amend as suggested.
ARB recommendation: A percentage of a side building elevation
should be permitted to stay at the 10' side setback.
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3. Maintain the side ratio at 1' of additional setback for each
l' in height.
CAS current recommendation: Maintain the current standard.
ARB recommendation: Maintain the current standard.
4. Maintain the present 40% lot coverage.
CAS current recommendation: Amend as suggested by the ARB.
ARB recommendation: Define to include all structures.
5. Floor Area Ratios.
CAS current recommendation: Do not adopt.
ARB recommendation: Do not adopt.
Measurements of Building Height
All building height measurements should be from the crown of the
adjacent roadways.
CAS current recommendation: Amend as suggested.
ARB recommendation: Amend as suggested.
At this time, Mr. Miller stated they are now in a position to
initiate code amendments to implement the recommendations.
A motion was offered by Councilman Hirschl and seconded that the
Village Attorney work with Mr. Miller and draft an Ordinance to
bring back to the Council. The motion carried with the vote as
follows: Assistant Mayor Blank aye; Councilman Boggess aye:
Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent.
9. Time of Second Zoning Public Hearings:
Mr. Helfman stated since there was not a majority plus one of the
Council present. the Council could not act on this item.
10. Reports and Recommendations:
Mayor and Council:
Assistant Mayor Blank stated he received a report that the Bal
Harbour Shops was one of five shopping destinations spotlighted by
Elle magazine.
Discussion of Village Manager Position:
Councilman Boggess stated they have been searching for a Village
Manager since the untimely death of the former Manager. He further
stated the Council has received applications, and this time
applications were restricted to Florida due to the learning process
that is required for anyone coming into the State. He then
proceeded to explain approximately 12 applications were received.
Most of the applicants are qualified people, but there was not a
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star among the applicants.
Councilman Boggess then proceeded to explain the Council has found
that a rocket scientist is not needed to run the Village. The
Village has been very fortunate, that after the resignation of
Carol Morris, to get Alfred Treppeda to serve as the Interim
Village Manager for four months. Then, when upon the death of the
Village's other Manager, he has been serving for the last six
months. He further stated, in his opinion, Mr. Treppeda has done
an admirable job. He then proceeded to explain that Mr. Treppeda
has been with the Village for fourteen years starting out as a
dispatcher and worked his way up to Chief of Police. Several
citizens have made recommendations that Mr. Treppeda's position as
Interim Manager be made permanent. Plus, Mr. Treppeda has put the
last two budgets together, and done a beautiful job, with the
cooperation of the entire staff. The important part is the Village
has an excellent staff.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl that Mr. Treppeda be appointed as permanent
Village Manager with a contract to be worked out by the Village
Attorney. Discussion followed. Councilman Hirschl stated he was
happy that Mr. Treppeda was appointed as Interim Village Manager
after Mrs. Morris resigned. lie further stated Mr. Treppeda is
extremely capable, and has kept the Village out of litigation.
Assistant Mayor Blank stated he feels that Mr. Treppeda has done an
excellent job as Interim Manager. The motion carried with the vote
as follows: Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl ave; Mayor Spiegel and Councilman Taplin absent.
Mr. Helfman suggested that the Council appoint one of the Council
to act as liaison with the Manager for negotiations. Councilman
Boggess stated he will serve in the position as liaison.
Mr. Treppeda thanked the Council for their vote of confidence.
Village Attorney:
Ex -parte Communications:
Mr. Helfman explained in the past it has been discussed about the
ability of the Council members to meet with either applicants or
opponents in zoning matters. He then referred to the Jenning case
which creates a barrier to discussions on zoning cases. He
continued to explain the State Legislature recently enacted a bill
which became law. This bill specifically permits ex -parte
communications between elected officials and those interested in
quasi - judicial proceedings. Also. the bill allows a municipality
to adopt, by ordinance or resolution, a process to disclose ex-
parte communications, which would remove the presumption of
prejudice.
It was the consensus of the Council that the Village Attorney
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should draft such an ordinance.
Village Manager:
1. Emergency Air Conditioning Replacement:
Mr. Treppeda explained the window air conditioning unit in Mr.
Wheldon's office stopped working on September 1, 1995. He further
explained funds are provided in the current budget for the
installation of central air conditioning in the Public Works
office, locker room, and kitchen. He authorized the Purchasing
Agent to get three prices to compare with the price quoted by the
Village's air conditioning contractor. He then proceeded to
explain the Village's air conditioning contractor's price was
competitive with the other companies. Therefore. he authorized the
expenditure as an emergency measure prior to approval by the
Council since the expenditure was over $2,500.00. At this time, he
requested the Council approve the expenditure of $4,062.00 for the
installation of central air conditioning in the areas previously
mentioned of the Public Works facility.
Councilman Boggess asked Mr. Treppeda the name of the air
conditioning company. Mr. Treppeda replied De Luca Air
Conditioning.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve this expenditure. The motion carried
with the vote as follows: Assistant Mayor Blank aye: Councilman
Boggess aye: Councilman Hirschl aye: Mayor Spiegel and Councilman
Taplin absent.
2. Light Fixtures for Phase II Landscaping Project:
Mr. Treppeda explained Mr. O'Leary has recommended that the Council
reconsider their prior approval to purchase Kim lighting fixtures.
He further explained Mr. O'Leary, along with Mr. Wheldon. have
conducted further research and determined that the Hydrel fixture
offers numerous advantages over the Kim fixture. He then proceeded
to list the advantages of the Hydrel fixture, which are as follows:
Kim offered a two year warranty on the ballast
and five years on the body with numerous
conditions.
Hydrel offered a five year unconditional
warranty.
The Hydrel fixture with the correct bulb and
lens will provide the same lighting effect
that the Kim fixture provided.
The Hydrel fixture's design is based on an
underwater design criteria. The Kim fixture
is not designed to work under water and is
Regular Council Meeting 9/19/95 9
designed to be above the water table.
The Hydrel company will permit Bal Harbour to
purchase factory direct while Kim will not.
The Hydrel fixture is much easier to maintain
than the Kim fixture.
The price for the Kim fixture is $499.00 each
while the Hydrel fixture is $449.48 each.
A credit will be negotiated with Vila and Sons
since the Hydrel fixture is easier to install
than the Kim fixture.
At this time, Mr. Treppeda requested the Council rescind the prior
approval of the Kim fixtures and approve the purchase of 300 Hydrel
fixtures at $449.48 each, as well as three lamp modules with
factory installed lamps at $196.00 each. The total amount to
purchase the Hydrel fixtures is $135,432.00. The prior amount
approved to purchase the Kim fixtures was $161,696.00.
Councilman Boggess asked if a contract has been entered into with
the other suppliers. Mr. Treppeda replied no.
Discussion followed. Mr. Wheldon explained that the Hydrel fixture
is the fixture recommended by Mr. Whitman. At the time of the
lighting demonstrations. the wrong lens and bulbs were used.
Assistant Mayor Blank explained the project to the audience that
was present. Councilman Hirschl explained that the funds for the
light fixtures, as well as the rest of the project. comes from
Resort Tax.
A motion was offered by Councilman Boggess to rescind prior
approval of the Kim fixture and approve the purchase of the Hydrel
fixtures. The motion carried with the vote as follows: Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye:
Mayor Spiegel and Councilman Taplin absent.
3. Americans with Disabilities Act Renovations to Village
Hall:
Mr. Treppeda explained in past discussions with the Council about
the proposal submitted by Middlebrooks and Associates for the
renovations to Village Hall as required by the Americans with
Disabilities Act, the Council has not come to any consensus as to
how to proceed. He further stated he feels a workshop is necessary
so that Middlebrooks and Associates, the Village's Building
Official, and Ed Guedes from Mr. Weiss' office, can discuss with
the Council their concerns.
Discussion followed. Assistant Mayor Blank stated he would like to
defer this matter until the next Council meeting. Councilman
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;
Hirschl suggested this matter be taken up when Mr. Treppeda
discusses the possible change of the Council meeting. It was the
consensus of the Council to discuss this matter later in the
meeting.
4. Severance Agreement:
Mr. Treppeda explained the position of Police Administrator has
been eliminated, effective September 30, 1995. At this time, he
requested Council approval of the severance agreement that has been
negotiated with Hernan Cardeno.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve the severance agreement. The motion
carried with the vote as follows: Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and
Councilman Taplin absent.
Change of Meeting Dates:
Mr. Treppeda explained the next regular scheduled Council Meeting
is the third Tuesday of October, which is a Jewish holiday. At
this time, he requested the Council's direction if they would
consider moving the meeting forward or backward one week.
Discussion followed. Assistant Mayor Blank stated he would be in
favor of changing the meeting date. Councilman Hirschl suggested
scheduling the meeting for October 24th. Councilman Boggess stated
he would have no problem with that date.
It was the consensus of the Council to change the regular meeting
date from the third Tuesday to October 24th. The time would be the
same. 9:30 a.m.. and following the regular meeting hold a workshop
on the renovations to Village Hall.
8. ordinances First Reading /Public Hearings:
A. The ordinance was read, by title, by the Village
Clerk. providing for amendment uses and establishment of
development criteria and standards for the PC Private Club
District.
Councilman Hirschl asked Mr. Helfman although he knows this
discussion focuses around the PC land inside District 5, but the
ordinance is for the PC District at large. Therefore, for
discussion purposes, could the two parcels be divided. Mr. Helfman
replied no, this ordinance establishes for all properties zoned PC
a set of development criteria for any proposed development.
Therefore, this ordinance would apply to the parcels on the Ocean
Front and Bayside. He then proceeded to explain his office created
a basic format for that ordinance and then distributed the
ordinance to the Village's Building Official and Planner Mike
Miller. He continued to explain they reviewed the ordinance and
established the specific criteria. Mr. Helfman explained although
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primary interest may be the parcel in District 5. but in order to
establish proper criteria for both parcels you must apply them
equally across properties with similar zoning.
Mr. Miller, Director of Planning of Craig Smith and Associates.
addressed the Council and explained they had requested him to look
into the Village's Land Development Regulations. He then proceeded
to review the ordinance, which is as follows:
Section 21 -146 Permitted Uses
Section 21 -146.1 Development Standards
Section 21 -146.2 Site Plan Approval
Section 21 -384 Number of Parking Spaces
Assistant Mayor Blank then proceeded to open the Public Hearing for
comments.
Cheryl Cohen, 10205 Collins Avenue, questioned the 100 feet
setback. She is concerned that a 100 feet setback would not be
adequate if a building was built on the ocean front property.
Councilman Hirschl stated to clarify this issue for everyone, the
only thing that is being done now is putting in regulations if they
wish to maintain a private club. Ms. Cohen stated that the ocean
front property has been sold. Assistant Mayor Blank stated that
the Council has never been told the property has been sold nor have
they received any request in reference to that property. Ms. Cohen
then questioned why the advertisement on this hearing appeared in
the Miami Review and not the Neighbors. The Clerk explained one
reason was the cost. Mr. Helfman explained to comply with State
law the Miami Review was used. The Council then proceeded to
direct the Clerk to also place the advertisement in the Neighbors
in the future.
Tim Cresci. 258 Park Drive. questioned on the re- zoning of Bayfront
property will the perimeter of the yacht basin be changed. Mr.
Miller replied the criteria applies to the area that wraps around
the yacht basin as well as the ocean front property.
Dina Cellini, 211 Bal Cross Drive, stated she supports this
ordinance since it protects the interest of the residents.
Mrs. Savitts questioned if this hearing is concerning the sale of
the Club. Assistant Mayor Blank replied no one has notified the
Council of a sale.
Dick Stoker. 10205 Collins Avenue, explained what is transpiring in
reference to the Club. He further explained the Committee to Save
the Club will be in court to litigate the certificates that were
bought. Since there has not been a vote brought before the
membership, the Club has not been sold.
Harold Berlin. 67 Bal Bay Drive, stated in his opinion the people
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should know the motivation behind the criteria and standards.
Edward Needle, 73 Bal Bay Drive, stated assuming that Mr. Stoker
loses in court. the property owners must request the Council rezone
the property for condominium. He further stated, when the Majestic
owners appeared before Council for variances it was granted.
Councilman Hirschl replied that was not the case, the code calls
for 55 units per acre, even though they requested more units, the
Council denied that request.
Mary Schaffer, the Plaza, stated that she heard rumors that the
sale is in the bag for a hotel and condominium to be built on the
Club property. She further stated she hopes Mr. Stoker is
successful, but if not, the Council should be aware the community
will be up in arms if a hotel is built on that property.
Richard Olsen, 224 Bal Bay Drive, suggested the setbacks in Section
21 -146.1 (b) (1) be reduced to 10 feet. in Section 21 -146 ( 2 )
suggested the height of building be 45 feet and 3 stories. He
further suggested that this ordinance go back to a workshop.
Burt McKeenan, 101 Harbour Way, stated he changed his position on
the sale of the Club. at this time, he is not in favor of the sale.
He further cautioned the Council on rezoning the property for two
condominiums.
There being no further comments, Assistant Mayor Blank closed the
Public Hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to enact this ordinance. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman
Taplin absent. thus becoming
ORDINANCE NO. 404
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA
RELATING TO DEVELOPMENT CRITERIA AND STANDARDS
FOR THE PC PRIVATE CLUB DISTRICT; AMENDING
SECTION 21 -146 OF THE CODE OF BAL HARBOUR
VILLAGE REGARDING USES IN THE PC PRIVATE CLUB
DISTRICT; ADDING SECTIONS 21 -146.1 AND 21-
146.2 TO THE CODE OF BAL HARBOUR VILLAGE
REGARDING DETAILED DEVELOPMENT CRITERIA AND
STANDARDS FOR THE PC PRIVATE CLUB DISTRICT;
AMENDING SECTION 21 -384 OF THE CODE OF BAL
HARBOUR VILLAGE REGARDING PARKING FOR PRIVATE
RECREATIONAL FACILITIES; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
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B. The ordinance was read, by title, by the Village Clerk
prohibiting the parking of trucks and commercial vehicles in the
Residential District. Assistant Mayor Blank then proceeded to open
the Public Hearing.
Charles Brown, President of the Civic Association, read from the by
laws of the Association. He further stated the Association is in
favor of this ordinance.
There being no further comments. Assistant Mayor Blank closed the
Public Hearing.
Mr. Treppeda questioned the Attorney if this ordinance would apply
to emergency vehicles. Mr. Helfman replied he will look into
amending the ordinance.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to enact this ordinance. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman
Taplin absent, thus becoming
ORDINANCE NO. 405
AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA
PROHIBITING THE PARKING OF TRUCKS AND
COMMERCIAL VEHICLES IN THE RESIDENTIAL
DISTRICT DURING SPECIFIED HOURS: PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
11. Other Business: None
12. Adjourn: There being no further business to come before the
Council, a motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to adjourn. The motion carried unanimously (3-
0). with Mayor Spiegel and Councilman Taplin absent, and the
meeting adjourned at 6:15 p.m.
Attest:
Jeanette Horton, CMC /AAE
Village Clerk
Regular Council Meeting 9/19/95
Assistant Mayor Matthew Blank
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