HomeMy Public PortalAbout1996-11-19 Regular Meeting31
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 19, 1996
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, November 19, 1996, 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
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
Absent: 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 Assistant Mayor Blank to approve the
minutes of the October 15, 1996, regular meeting. The motion
carried unanimously (4-0), with Councilman Taplin absent, and the
minutes were approved as submitted.
3. Presentations - Officer of the Month: None
4. Public Hearings: None
5. Ordinances Second Reading/Public Hearings:
A. The ordinance was read, by title, by the Village
Clerk amending the adopted Comprehensive Plan. Since Mr. Miller
had not yet arrived this item was deferred until later in the
meeting.
B. The ordinance was read, by title, by the Village
Clerk granting Franchise Renewal to Gold Coast Cablevision. Mayor
Spiegel then proceeded to open the public hearing for comments.
Kevin Grossman, General Manager Gold Coast Cablevision, was present
to answer any questions.
Assistant Mayor Blank asked Mr. Grossman if all the wires have been
buried underground. Mr. Grossman replied yes.
Councilman Boggess stated he had a conversation with Mr. Grossman
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this past week, and they have done the work as promised. Also they
have agreed to hire additional people to keep the office open until
11:00 p.m. in the evening.
Mr. Weiss asked if sub -contractors are being used. Mr. Grossman
replied at times sub -contractors are being used. He further stated
as a service company sometimes they fall short of the customers'
expectations. Mr. Weiss then asked someone from Gold Coast
inspects their work. Mr. Grossman replied yes.
Mr. Treppeda commented that some of the residents contacted him,
and stated some of the sub -contractors had no identification. He
requested that in the future they should have identification. Such
as T-Shirts with "CABLETV" on them.
There being no further comments, Mayor Spiegel closed the public
hearing.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to grant the franchise renewal. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin absent, thus becoming
ORDINANCE NO. 418
AN ORDINANCE OF BAL HARBOUR VILLAGE, (the
"Village") FLORIDA, GRANTING FRANCHISE RENEWAL
TO GOLD COAST CABLEVISION FOR A NON-EXCLUSIVE
CABLE TELEVISION SYSTEM (CATV) LICENSE WITHIN
THE CORPORATE LIMITS OF THE VILLAGE, PURSUANT
TO THE REQUIREMENTS OF ORDINANCE NO. 412 OF
THE VILLAGE, FOR A LICENSE PERIOD OF TEN
YEARS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CODE.
At this time the Council returned to item 5A.
Mr. Miller, Planning Director of Craig A. Smith & Associates.
addressed the Council and explained the State has not completed
their review of the Village's proposed Comprehensive Plan
amendment. At this time, he recommended the Council continue this
hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to continue this hearing until the meeting of
December 17th. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Blank aye; Councilman Hirschl aye;
Councilman Boggess aye; Councilman Taplin absent.
6. Ordinance First Reading: The ordinance was read, by
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title, by the Village Clerk amending Chapter 21 "Zoning" of the
Code by adding a new paragraph 21-51(e) to limit the re -filing of
public hearing applications. Mayor Spiegel then proceeded to open
the public hearing for comments.
Mr. Weiss explained at the last Council meeting he was directed to
redraft this ordinance. He then proceeded to read the paragraph
that was added, which is as follows:
Where an application for public hearing under
this Chapter has been filed with the Village
and scheduled and noticed for public hearing
before the Council, no such application may be
withdrawn by the applicant without the
approval of the Council and thereafter no
application for public hearing may be filed on
the same property or portion thereof within
six months of the date of withdrawal without
Council approval.
Assistant Mayor Blank stated in his opinion, the waiting period of
six months to re -filing an application is unreasonable. He feels
three months is a more appropriate period of time.
Councilman Hirschl stated the ordinance provides that the applicant
can re -file for a public hearing without waiting six months with
Council approval.
Mayor Spiegel stated with the building of new homes there are many
requests for variances, therefore she feels the six months waiting
period to re -file is unreasonable.
Assistant Mayor Blank suggested the ordinance be amended to 3
months. Councilman Boggess suggested to exempt single family
homes.
Mayor Spiegel stated she thinks that Mr. Weiss should check on how
neighboring communities handle this issue before the Council
proceeds and report back at the next meeting. Assistant Mayor
Blank agreed.
Howard Berlin, 67 Bal Bay Drive, addressed the Council and stated
he was in favor of the adoption of this ordinance. He feels the
ordinance needs to be enacted now.
Councilman Hirschl asked Mr. Weiss to read the amendment again.
Mr. Weiss proceeded to read and explain the amendment. Assistant
Mayor Blank stated, as written, the ordinance is contradictory.
Mr. Weiss stated he was asked to draft this ordinance, and he is
not advocating the adoption of the ordinance.
Councilman Boggess stated his suggestion to exempt single family
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homes was ill advised. The Council cannot carve out special
ordinances for special situations. He feels with the exceptions
provided in this ordinance the average home owner is well
protected.
Raj Singh, 53 Camden Drive, stated this ordinance is very
subjective. He then asked Mr. Weiss if it would be advisable not
to be subjective. Mr. Weiss stated he understands what Mr. Singh
is saying, that the ability of the Council to waive the six month
waiting period leaves a lot of discretion to the Council.
Councilman Hirschl stated, in his opinion, the Council should adopt
this ordinance on first reading and allow Mr. Weiss to research
adjacent communities and report back to the Council.
Richard Olsen, 224 Bal Bay Drive, asked Mr. Weiss if a unanimous
vote of the Council is sill required to waive the waiting period.
Mr. Weiss replied this ordinance requires a regular vote of the
Council. Mr. Olsen pointed out that, in his opinion, the law
should apply to all people. He feels this ordinance was drafted on
purpose because of the yacht club proposed project. Therefore, he
feels that this ordinance should be deferred and researched
further.
Sean Clancy, 211 Ba1 Cross Drive, suggested enacting this ordinance
on first reading, and discussing it further at the next meeting.
Mayor Spiegel advised Mr. Weiss that if the Council should enact
this ordinance on first reading, he should take the request made by
herself and Councilman Boggess to research other communities on
this issue. Also she requested that he not take direction from any
single person.
Mr. Weiss stated that in a lot of the communities his firm
represents, the firm is not permitted to do any work for an
individual Council member. The item would be placed on the agenda
in order to receive the consensus of the Council if they wish for
him to proceed. He further stated in the ten years he has
represented the Village, this has not been the way the Village has
worked. He would be happy to change the procedure, but to do so he
would need instructions from the Council.
There being no further comments, Mayor Spiegel then proceeded to
close 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: Mayor Spiegel aye; Assistant Mayor Blank
nay; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin absent, thus becoming
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ORDINANCE NO. 420
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA,
AMENDING CHAPTER 21 "ZONING" OF THE BAL
HARBOUR VILLAGE CODE BY ADDING A NEW PARAGRAPH
21-51(e) TO LIMIT THE RE -FILING OF PUBLIC
HEARING APPLICATIONS UPON WITHDRAWAL;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE, AND AN EFFECTIVE DATE.
At this time, Mr. Weiss requested specific instructions from the
Council for doing work requested from an individual Council person.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Boggess that the Village Attorney take direction from
the entire Council, and that any item requested of him be placed
under his report for Council direction. The motion carried with
the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
absent.
7. Resolutions: The resolution was read, by title, by the
Village Clerk declaring the acquisition of a utility easement in
the Bal Harbour Club, Inc., Yacht Club property to be a necessity.
Authorizing the employment of appraisers and the filing of Eminent
Domain proceedings.
Mr. Treppeda explained for months he has been attempting to get an
easement from the Bal Harbour Club so that a drainage pipe can be
installed underground from the new pump station to the yacht basin.
He further explained the construction crews will be ready to
install this pipe in late January. He continued to explain he has
consulted with the Village Attorney's office and determined that
the Village should initiate legal action for eminent domain in
November to insure legal proceedings are concluded as close as
possible to when the pipe needs to be installed. Stopping the
companies from working due to the lack of an easement may result in
fines being assessed against the Village.
At this time, he requested the Council approve this resolution
authorizing the Village Attorney to file eminent domain proceedings
for the acquisition of the necessary utility easement.
Councilman Boggess asked why the Club will not sign the easement.
Mr. Olsen, President of the Bal Harbour Club, replied if the
property is sold to be developed the pipe may interfere with the
development.
Mr. Weiss stated that the Village has two easements on that
property. One the Village will not be using since the pump house
structure located there will be removed. According to the plan
that was drawn up, a different easement is needed to construct the
system. He understands because of the potential use of the
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property the club is reluctant to give up this easement. The
Manager has indicated to him the Village would be willing to
release the existing easement in exchange for the easement that is
necessary for this construction.
Mayor Spiegel asked Mr. Olsen, if the property was sold, would he
have an idea the lot line would be located. Mr. Olsen replied no,
that would be the decision of the developer.
Councilman Boggess asked Mr. Treppeda if he knew the size of the
pipe and the cost involved in moving the pipe if this was
necessary. Mr. Treppeda replied this is the main drainage pipe
that would empty into the yacht basin. At this time, he does not
know the cost to move the pipe or the size of the pipe. Councilman
Boggess then suggested this item be deferred until later in the
meeting.
Since Mr. Miller is present Mr. Treppeda asked him to call Mr.
Landis and ask him for an estimated cost on moving the pipe, as
well as the size.
Douglas Rudolph, 212 Bal Bay Drive, asked if there was another
location for the pipe. He suggested placement in the road by his
property.
John Scala, 101 Biscay Drive, stated that in his opinion, after the
required setbacks, the property would not have buildable lots.
This item was deferred until later in the meeting.
8. North Miami Beach Optimist Club Special Olympics Mini
Meet- Alan Singer: Mr. Singer was not present, but Mr. Treppeda
explained the Village has made a contribution to the Special
Olympics Mini Meet for the past two years in the amount of $500.00.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to contribute $500.00. The motion carried
with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank
aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman
Taplin absent.
9. Reports and Recommendations:
Mayor and Council: Assistant Mayor Blank referred to a
letter from Mr. Landy, in which he complained about the rapid
deterioration of the beach. Mr. Treppeda stated this issue will be
discussed under the Village Manager report.
Village Attorney:
Home Office Regulations: Mr. Weiss reviewed for the
Council the ordinances regulating home offices from the City of
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North Miami, City of Miami, and City of Lauderhill.
Councilman Boggess stated he does not think a zoning change is
necessary at this time to allow home occupational licenses in the
Village.
At this time, the Council returned to item 7.
Mr. Treppeda explained Mr. Miller gave him the information, which
is to move the pipe would cost approximately $150,000.00. The size
of the pipe is 76" wide x 48" high. He further stated he would
meet with the engineer to see if the routing could be re -designed.
Mr. Olsen suggested the Council pass the resolution subject to
giving the Village Manager authority to negotiate, as well as the
authority to proceed.
Howard Berlin, 67 Bal Bay Drive, stated if the pipe has to be
relocated the cost will be more.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Blank to adopt this resolution, but allow the
Village Manager and the Village Attorney to negotiate with the Bal
Harbour Club. The motion carried with the vote as follows; Mayor
Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl aye; Councilman Taplin absent, thus becoming
RESOLUTION NO. 542
RESOLUTION OF THE VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, DECLARING THE
ACQUISITION OF A UTILITY EASEMENT IN THE BAL
HARBOUR CLUB, INC., YACHT CLUB PROPERTY IN BAL
HARBOUR VILLAGE, FLORIDA, TO BE A PUBLIC
NECESSITY; AUTHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS; PROVIDING FOR AN
EFFECTIVE DATE.
Village Manager:
Jogging Path: Mr. Treppeda showed a video to the Council
of the beach erosion as a result of the steady strong winds. He
then proceeded to explain part of the jogging path has been
destroyed. He suggested the Council consider moving the path on
the other side of dunes.
Councilman Boggess recommended that Bob Wheldon Public Works
Supervisor, and the Village Manager come back to the Council with
a recommendation.
Bernie Bercuson addressed the Council and explained in Israel they
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have placed "T" Groynes just off shore which has helped protect
their beach. He suggested the Village look into placing this type
of Groynes off shore to protect Bal Harbour's beach.
Purchase of Police Cars: Mr. Treppeda explained funds
are budgeted for the purchase of two police cars. This is part of
the Village's normal replacement cycle. He further explained the
competitive bids and awards for Metro -Dade County, Florida
Sheriff's Association and the State of Florida have been reviewed.
It was determined that the best available prices for the equipment
requested by the Village's Chief of Police is as follows:
1997 Ford Crown Victoria Pursuit Vehicle.
Purchased at the State of Florida bid price of
$21,327.00
1997 Ford Crown Victoria Administrative
Vehicle (Unmarked Car). Purchased at the
Florida Sheriff's Association bid price of
$20,038.00
At this time, Mr. Treppeda requested Council approval of the
expenditure of $41,365.00 for the purchase of two police cars.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank 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 absent.
Emissary Holiday Party: Mr. Treppeda explained at the
Resort Tax Committee meeting in November, the Committee recommended
that the Council authorize the expenditure of up to $7,500.00 for
a Holiday Party to be held by the Bal Harbour Village Emissary.
He then proceeded to explain tourism related clients and suppliers
would be invited to thank them for their support of Bal Harbour
Village. Ms. Cardenas has proposed inviting approximately 50
customers, plus 20 staff, to attend the Holiday Event.
At this time, Mr. Treppeda requested the Council consider the
Resort tax Committee's recommendation to approve this expenditure.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve the expenditure for this event up to
$7,500.00. The motion carried with the vote as follows: Mayor
Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl aye; Councilman Taplin absent.
Passaporte Subsidy: Mr. Treppeda explained at the
October meeting of the Resort Tax Committee, the Committee
recommended the expenditure of up to $25,000.00 as a subsidy to
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produce the Passaporte book. He further explained this book
contains coupons worth $900.00 in discounts at stores in the Bal
Harbour Shops. He continued to explain the $25,000.00 is based on
past required subsidies, but if the book is sold out the subsidy
would be closer to $10,000.00. At this time, he requested that the
Council authorize up to $25,000.00 as the subsidy for the
production of the Passaporte book.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to authorize 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 absent.
Supermodel of the World 1996 Gala: Mr. Treppeda
explained the Resort Tax Committee is recommending approval of
$16,000.00 toward the cost of rooms for the Ford Agency's 1996
International Supermodel of the World Gala. He continued to
explain they are planning a 3 night/4 day celebration that
introduces the 1996 Super model of the World winner. They are
looking to hold the event from January 26-29th, 1997.
Mr. Treppeda explained the Supermodel of the World generates press
coverage throughout the world. At this time, he requested the
Council consider the Resort Tax Committee's recommendation to host
the Supermodel of the World Gala with a contribution of up to
$16,000.00 to cover the cost of the rooms.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve hosting this event and the
contribution of up to $16,000.00. The motion carried with the vote
as follows: Mayor Spiegel aye; Assistant Mayor Blank nay;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
absent.
10. Other Business: Andrea Hellman, 228 Park Drive,
addressed the Council and complained about the speeders on Park
Drive. She requested the Village consider posting more 20 mile
signs, as well as installing stop signs.
Gary McGeary, Bal Harbour Manor, asked Mr. Weiss what effect the
Ordinance on towing vehicles has on the co-op apartments. Mr.
Weiss asked Mr. McGeary to call him at his office and he will
explain.
John Scala, 101 Biscay Drive, stated he is a member of the security
committee for the Civic Association, and the Committee is in the
process of updating the decals.
Richard Olsen, 224 Bal bay Drive, asked if Section 21-55 is deleted
in the re -drafted ordinance on withdrawals. Mr. Weiss replied no,
this section was not deleted. Mr. Olsen suggested the Village
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Attorney review the Village's Code for sections that are obsolete.
Councilman Boggess stated the Village Manager and Village Clerk
should review the Code.
Douglas Rudolph, 212 Bal Bay Drive, stated in his opinion, the 20%
protest percentage is appropriate.
11. Adiourn: There being no further business to come before
the Council, a motion was offered by Councilman Boggess and
seconded by Councilman Hirschl to adjourn. The motion carried
unanimously (4-0), with Mr. Taplin absent, and the meeting
adjourned at 11:45 a.m.
M$ybr Estele
Attest:
eanette Hor(on , CMC/AAE
Village Clerk
7,&
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