HomeMy Public PortalAbout1995-10-24 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - OCTOBER 24, 1995
The regular meeting of the Bal Harbour Village Council was
held on Tuesday. October 24. 1995. in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.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: Alfred J. Treppeda. 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 Assistant Mayor Blank to approve the
minutes of the September 12. 1995 Budget Hearing. There being no
additions or changes, the motion carried unanimously (5-0), 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 September 19. 1995
Regular Meeting. There being no additions or changes. the motion
carried unanimously (5-0). 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 September 19. 1995
Budget Hearing. There being no additions or changes, the motion
carried unanimously (5-0), and the minutes were approved as
submitted.
3. Presentations - Officer of the Month: None
4. Ordinances First Reading: None
5. Ordinances Second Reading/Public Hearings:
A. The ordinance was read, by title, by the Village
Clerk, providing for development criteria and standards, as well as
amended uses for the PC Private Club District. Mayor Spiegel then
proceeded to open the Public Hearing for comments.
Tony O'Donald, Attorney. 701 Brickell Avenue, addressed the Council
and stated he represents the Bal Harbour Club, which is the owner
of the two properties affected by this ordinance. He explained
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there are a few modifications his client would like to have
considered. which are as follows:
Not treat both properties under a single PC
Private Club ordinance
Setback for Tennis Courts reduced to 10 ft.
from the property line
Allow the height of a building or structure to
45 ft. or 3 stories
The Floor Area Ratio on the Oceanside be
different. but not to exceed .28
Defer the second reading of this ordinance and
conduct a workshop
Allow 1000 of the parking on sod
Assistant Mayor Blank asked Mr. O'Donald if the property. has the
been transferred to a new owner. Mr. Olsen replied the Club does
own both properties. A contract has been instituted for the sale
of the oceanfront property. but it has not been closed.
Mr. Weiss suggested if the Council is interested in considering any
or all of the comments as amendments, they should allow the staff
and planner to give their views on the impact of these changes.
Then open the hearing to the public for discussion, and then the
Council should decide weather they want to amend the ordinance or
defer to a workshop. He further explained the Public Hearing would
be continued, therefore there would not be the expense of
advertising again.
Mr. Miller, Director of Planning. Craig A. Smith & Associates.
explained basically he attempted to create a reasonable set of land
development regulations for both pieces of property. Since both
pieces of property are zoned PC. the regulations placed on the
district would apply to both properties. He further explained in
listening to the comments. in his opinion, they are policy issues
that the Council can decide. He then proceeded to address the
different issues raised by Mr. O'Donald. which are as follows:
Parking percent on sod could be set by the
Council
Height in scale with the neighborhood. it
would be a policy issue to increase the height
and number of stories
Doug Rudolph, 212 Bal Bay Drive.questioned where tennis courts and
parking would be allowed. Mr. Miller replied there is only enough
Regular Council Meeting 10/24/95
room for one tennis court according to the setback as proposed in
this ordinance.
Mr. Rudolph stated he has heard that the Yacht Club property would
become the primary location for the Beach Club for all of Bal
Harbour. He then proceeded to ask if this was really a non issue
as was previously stated. He continued to explain what his
understanding was as to the use of the Yacht Club property.
Councilman Taplin asked what the sale of the Ocean Front property
has to do with the Yacht Club property. Mr. O'Donald replied the
Beach Club will remain on the Beach. and the Yacht Club will not
become the center of the Beach Club.
Doug Rudolph. 212 Bal Bay Drive, stated the concern of the
residents is that the Yacht Club may become the primary center for
the Beach Club. He further stated his serious concerns about
whether there should be a PC District at the Yacht Club property.
He requested that Mr. O'Donald put in writing that this will not he
done.
Councilman Boggess stated the Council is trying to correct a 50
year oversight. He continued to explain at present there are no
restrictions on PC Private Club property. Therefore. this
ordinance will place reasonable restrictions on the PC Private Club
District.
Councilman Hirschl stated information has filtered around the
community that the Oceanfront property was sold. He continued to
explain the Council looked at the PC District, inside the single
family home area. and found out there are no restrictions at this
time. The issue at this time is to put into effect some compatible
restrictions that would meet legal scrutiny. The Village's Planner
looked at the site and gave the Council suggestions that could be
put in ordinance form, which would restrict the development if it
would occur at the Yacht Club.
Dudley Whitman. 167 Bal Bay Drive. stated the building at the yacht
club was designed to go to 3 stories. The property owners of the
Beach Club would never do anything to hurt the residents.
John Lang Looby. 220 Bal Bay Drive, stated in his opinion the Yacht
Club property should be treated separate. He further stated a
workshop should be held since a lot of residents were away and did
not have the opportunity to have some input.
Councilman Hirschl explained that Mr. Miller went to a Civic
Association meeting and reviewed the proposed ordinance. The Civic
Association endorsed the proposed ordinance.
Charles Brown. 228 Bal Bay Drive. President of the Civic
Association. stated the proposed ordinance was discussed at the
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Association meeting. The Association feels if the Club is re-
developed it should be an asset to the Village. but they do not
want to see a big swinging nightclub. He then proceeded to explain
Mr. Burford. owner of 202 Bal Bay Drive. requested that Mr. Brown
convey to the Council that he is very worried about any change that
would occur at the Yacht Club property.
Dina Cellini, 211 Bal Cross Drive. stated it would be inappropriate
to go back to a workshop on this ordinance. Therefore. she
requested the Council deny this request. She further stated time
is of the essence and this ordinance should be enacted at this
time.
Howard Berlin. 67 Bal Bay Drive, suggested that Section 21-146.2 be
amended by adding the following:
(3) and will not negatively impact upon the
safety and security of the surrounding
residential neighborhood
Dina Cellini. 211 Ba1 Cross Drive. read from the pending contract
for the sale of the oceanfront property, the section that concerns
the Yacht Club property.
Richard Olsen. 224 Bal Bay Drive. stated it is difficult to be a
good neighbor due to all the different rumors. He then proceeded
to give a history of the Yacht Club and Beach Club. He then stated
there are no development plans for the Yacht Club property, but
they hope to have tennis courts and a new building. He continued
to explain that in this ordinance there is a greater amount of
restriction than on any other ordinance in the code today. He
then urged the Council to consider the requests that were made by
Mr. O'Donald.
Doug Rudolph, 212 Ba1 Bay Drive, questioned why the tennis courts
are not being put back on the oceanfront property. Mr. Olsen
replied the builder is not giving the land to put tennis courts on
the Oceanfront property.
Mayor Spiegel then proceeded to close the Public Hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to enact this ordinance. Discussion followed.
Councilman Hirschl requested the ordinance be amended to include
the amendment suggested by Mr. Berlin. Councilman Boggess stated
the ordinance should be enacted in its present form. 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
ORDINANCE 404
Regular Council Meeting 10/24/95 4
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.
B. The ordinance was read. by title, by the Village
Clerk prohibiting the parking of trucks and commercial vehicles in
the Residential District.
Mr. Weiss explained it has been brought to his attention that the
gross weight in the ordinance would eliminate the parking of
certain types of vans. Therefore. he suggested either deleting the
gross weight or increasing the weight. Mayor Spiegel then
proceeded to open the Public Hearing.
Charles Brown. 228 Ba1 Bay Drive. stated the Civic Association
endorses the enactment of this ordinance.
Bob Maute. Fairfield Manor. questioned if this ordinance would
apply to the residential property on the West side of Collins
Avenue. Mr. Weiss explained that area is zoned Residential
Multiple Family. therefore this ordinance also would apply in that
District.
Mr. Treppeda questioned the issue of emergency vehicles, such as
Florida Power and Light. and Southern Bell Trucks. Mr. Weiss
replied this ordinance would not effect emergency vehicles.
Mayor Spiegel then proceeded to close the Public Hearing.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Hirschl to amend the ordinance by deleting the gross
weight. The motion carried with the vote as follows: Mayor Spiegel
aye: Assistant Mayor Blank aye; Councilman Boggess aye: Councilman
Hirschl aye; Councilman Taplin aye.
A motion was offered by Councilman Boggess and seconded by
Councilman to enact this ordinance as amended. 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
Regular Council Meeting 10/24/95
16
ORDINANCE 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.
6. Public Hearings:
The Village Clerk explained this hearing is required by State
Statute for the adoption of the Evaluation and Appraisal Report
(EAR) of the Comprehensive Plan.
Mr. Miller explained that in July the Village transmitted the
report to the Department of Community Affairs for review. At this
time. according to State Statue the Report must be adopted by the
Council and again transmitted to the State. He further explained
the Village will have one year to amend their Comprehensive Plan
according to the Report. Mayor Spiegel then proceeded to open the
Public Hearing for comments. There being none, Mayor Spiegel
closed the Public Hearing.
Resolutions:
A. The resolution was read. by title. by the Village
Clerk. adopting the Evaluation and Appraisal Report and authorizing
transmittal.
A motion was offered by Councilman Taplin 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.520
A RESOLUTION OF BAL HARBOUR VILLAGE ADOPTING
THE EVALUATION AND APPRAISAL REPORT OF THE BAL
HARBOUR VILLAGE MASTER PLAN; AUTHORIZING
TRANSMITTAL; PROVIDING FOR AN EFFECTIVE DATE.
B. The resolution was read, by title. by the Village
Clerk. declaring November as National Epilepsy awareness month.
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
Regular Council Meeting 10/24/95 6
RESOLUTION NO. 521
RESOLUTION DECLARING NOVEMBER AS NATIONAL
EPILEPSY AWARENESS MONTH.
8. Edward Smith - The North Miami Beach Optimist Club
Special Olympics Mini- Meet:
Mr. Smith addressed the Council and explained they are preparing
for their 13th Annual Special Olympics Mini -Meet to be held in
February 1996. He further explained their goal for the next event
is to achieve 100% City sponsorship participation, since the
participants come from all over Dade County. He displayed a T-
Shirt showing Bal Harbour Village as a sponsor of the 1995 Event.
At this time, he asked the Council if they would be a sponsor again
for next year's event.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to approve a donation of $500. 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:
Mayor and Council:
1. Discussion of Changing Meeting Dates - Mayor Spiegel:
Mayor Spiegel stated she had spoken to Mr. Treppeda about the
reason for changing the meeting this month. She further stated in
the future a practice should not be made of changing the regular
meeting date. She then proceeded to asked Mr. Weiss if there was
anything in the Code that requires the meeting date to remain the
third Tuesday of the month. Mr. Weiss replied the Code provides a
specific time for Election, no meeting in August, but nothing that
requires the meetings to be held the third Tuesday of the month.
Councilman Hirschl explained the reason the meeting was postponed
one week due to a religious holiday. Mayor Spiegel stated in the
future if this occurs the meeting should be scheduled for one day
before or after.
2. Village Manager Employment Agreement:
Councilman Hirschl asked Councilman Boggess if he was involved in
the process of formulating this contract. Councilman Boggess
replied yes.
A motion was offered by Councilman Hirsch] and seconded by
Assistant Mayor Blank to approve this agreement. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
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118
Mayor Blank aye; Councilman Boggess aye: Councilman Hirsch] aye:
Councilman Taplin aye.
Discussion followed. Councilman Boggess pointed out under Section
13 Professional Development that. in the past, both the Village
Manager and Village Clerk provided funds in the budget to attend
both the International and State professional meeting. Since this
has been withdrawn for the Village Manager he suggested that it
should also be withdrawn for the Village Clerk. He further stated
one meeting a year is more than adequate and should be cleared with
the Council before any conventions are scheduled.
Mr. Weiss stated he is looking into amending the pension ordinance
so the Manager will be able to keep his police officers benefits.
Councilman Boggess stated in the contract there is a provision for
performance evaluation. He suggested there be a workshop or a
committee to set up certain criteria for the coming year.
Therefore, Mr. Treppeda would have a framework in which to work.
and at the end evaluate what has been accomplished. Mayor Spiegel
stated the entire Council could do this at a workshop. and have
other items on the agenda. It was the consensus of the Council
that the Village Manager and Village Clerk submit to the Council by
December 1st their goals and objectives.
Village Attorney: None
Village Manager:
1. Purchase of Police Vehicles:
Mr. Treppeda explained as part of the normal replacement cycle for
the Village's police vehicles, two new Ford Crown Victoria police
vehicles are included in the budget. These vehicles will be
purchased at the State bid price. He further explained all orders
under the State bid must be received by November 8th. At this
time, 80% of the vehicles produced by Ford have been obligated. He
then proceeded to request Council's approval for the purchase of
two Ford Crown Victoria police cars as provided for in the budget.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin 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.
2. Interlocal Agreement with Dade County for Use of the
County Solid Waste Management System:
Mr. Treppeda explained currently Federal legislation is pending
which, if passed, would enable Counties to require that
municipalities dump their waste in their own Counties. He further
Regular Council Meeting 10/24/95 1
i
explained many municipalities. in order to save money. have been
dumping their garbage and trash in other Counties.
He then proceeded to explain the County Commission has approved an
Interlocal Agreement which regulates the disposal and transfer fees
for the next twenty years. The agreement locks in the disposal fee
at $45.00 per ton and the transfer fee at $9.00 per ton for the
first three years of the agreement. Any increase would be tied
into the consumer price index and be capped at 5% per year for the
term of the agreement. He continued to explain currently the
Village is paying a disposal fee of $54.00 per ton and a transfer
fee of $9.00 per ton. If the Council approves this agreement the
Village save in excess of $70,000.00 in the fiscal year 1995-96
with the decrease in disposal and transfer fees. At this time. he
requested Council's approval of the Interlocal Agreement for use of
the County Solid Waste Management System.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to approve this Interlocal 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.
3. Recap of Recent Events involving the Phase II Landscaping
Project:
Mr. Treppeda explained the 'estimated cost of the project as
provided by Mr. O'Leary was $1.5 million He further explained the
project was put out to bid, and Vila & Son was the lowest bidder
with the following prices:
To this
Base Bid
Alternate Bid #1
Alternate Bid #2
bid price the following
$1.959,531.50
$ 28,202.00
$ 63.374.50
was added:
Hydrel Light Fixtures
Change Order #1
Change Order #2
Consultant Fees to
October 10, 1995
Rangeline Tapping
Estimate Consultant Fees
to finish project
$ 135.432.00
$ 74.832.05
$ 87.376.76
$ 155.757.44
$ 2.692.20
$ 110.000.00
Mr. Treppeda then proceeded to request the Council consider the
recommendation of the Village's Landscape Architect to add a total
of 22 trees to the 149 trees provided in the original plans. He
further requested the Council come to a consensus as to how they
wish for the project to proceed. The best estimate for providing
Regular Council Meeting 10/24/95 9
the additional trees and carrying out all necessary associated
takes is $1.708.198.45.
Assistant Mayor Blank stated after speaking to several City
Managers the consensus was that the consultant fees should be on a
percentage bases rather than an hourly rate. The average cost
should be between 6 and 8 percent depending on the amount of the
contract. The consultant fees for this project are $200,000.00
which is 15 1/2 percent of the total cost of the project.
Mr. O'Leary explained he started to work on this project in June
1994, and when it is finished he will have been working on this
project 20 months. He further explained the fees are not just for
his office, but include the Village's Civil Engineer and an
Electrical Engineer.
Mr. Treppeda explained after Assistant Mayor Blank and Councilman
Taplin toured the project. Their recommendations are as follows:
Delete one tree from the South end of the
Sheraton Bal Harbour which was part of change
order 41
Delete four trees from the Sheraton Bal
Harbour bus stop area which was part of change
order #2
Delete the four trees which were recommended
for the North end of the Village which were
part of change order #2
Mayor Spiegel stated she does not agree with eliminating 4 trees
for the north end of the Village as suggested by Assistant Mayor
Blank and Councilman Taplin. She further stated she has received
numerous compliments on the trees.
John Lang Looby. 220 Bal Bay Drive. stated in his opinion the
consulting fees are in line.
Charles Brown. 228 Bal Bay Drive. stated he feels Mr. O'Leary has
done an excellent job.
Nichols Dalmady, The Plaza, questioned if there is a warranty on
the trees. Mr. O'Leary replied there is an 18 month warranty after
the project has been accepted.
Stanley Whitman, Bal Harbour Shops. stated for the past seven years
this Palm has been under Fairchild Gardens observation, and there
has never been a failure.
Mr. Treppeda explain he was informed that the street light
electrical conduit is not buried deep enough to meet code
Regular Council Meeting 10/24/95 10
requirements. He further explained currently he is obtaining a
price from the contractor to bury the conduit to the proper depth.
This is a serious hazard that must be corrected.
Councilman Boggess asked if the wiring would have to be replaced as
well as the conduit. Mr. O'Leary replied the wiring is part of the
contract.
A motion was offered by Councilman Boggess to approve change order
#2. Councilman Boggess withdrew his motion.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve change order #2, which would bring
the project total to $1,750.000.00, and this is to include the
electrical work and sidewalk banding. The motion carried with the
vote as follows: Mayor Spiegel aye: Assistant Mayor Blank nay:
Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin
nay.
4. Replacement of Coconut Palm Trees:
Mr. Treppeda explained that the lab has determined that the three
coconut palms in the median died from fusarium and bacteria. He
further explained this is indicative of wet soil conditions.
largely from heavy rains. At this time, he is requesting approval
to replace the three coconut trees that died. The cost is
approximately $2.000.00 per tree.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Boggess to approve the purchase of the three coconut
trees. The motion carried with the vote as follows: Mayor Spiegel
aye: Assistant Mayor Blank aye: Councilman Boggess aye: Councilman
Hirschl aye: Councilman Taplin aye.
Mrs. Tumpson asked when the Collins .Avenue Project will be
completed. Mr. O'Leary replied the he is projecting January loth
as the completion date.
Mr. Treppeda explained he received a quote from Spray Pro for
treatment of the coconut trees in the median. The cost would
include five treatments of the root injection per tree five times
per year with a total cost of $3.750.00. At this time. he
requested the Council's approval for this expenditure.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess 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.
10. Other Business:
Regular Council Meeting 10/24/95 11
Councilman Boggess stated a committee should be appointed to start
working on the 50th Anniversary celebration. Mayor Spiegel
suggested this be discussed at the next Resort Tax Meeting.
Mrs. Tumpson. The Plaza. suggested that the Village purchase more
chairs for the Council Chamber.
Charles Brown. 228 Bal Bay Drive, requested an update on the well
drilling. Mr. Treppeda replied they have run into some problems.
which is why it is taking so long.
Mr. Brown then proceeded to inform the Council that there will be
a meeting October 27th, 2:00 p.m. at the Gwen Margolis Center
to discuss the Munisport Amphitheater issue.
11. 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 (5-0), and the
meeting adjourned at 11:55 a.m.
Mayo l• Bstel le S(¢ieg
Attest:
Jeanette Horton. CMC/AAE
Village Clerk
Regular Council Meeting 10/24/95 12