Loading...
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 Regular Council Meeting 11/19/96 1 32 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 Regular Council Meeting 11/19/96 2 33 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 Regular Council Meeting 11/19/96 3 34 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 Regular Council Meeting 11/19/96 4 35 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 Regular Council Meeting 11/19/96 5 36 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 Regular Council Meeting 11/19/96 6 37 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 Regular Council Meeting 11/19/96 7 38 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 Regular Council Meeting 11/19/96 8 39 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 $16,000.00. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank nay; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 10. Other Business: Andrea Hellman, 228 Park Drive, addressed the Council and complained about the speeders on Park Drive. She requested the Village consider posting more 20 mile signs, as well as installing stop signs. Gary McGeary, Bal Harbour Manor, asked Mr. Weiss what effect the Ordinance on towing vehicles has on the co-op apartments. Mr. Weiss asked Mr. McGeary to call him at his office and he will explain. John Scala, 101 Biscay Drive, stated he is a member of the security committee for the Civic Association, and the Committee is in the process of updating the decals. Richard Olsen, 224 Bal bay Drive, asked if Section 21-55 is deleted in the re -drafted ordinance on withdrawals. Mr. Weiss replied no, this section was not deleted. Mr. Olsen suggested the Village Regular Council Meeting 11/19/96 9 40 Attorney review the Village's Code for sections that are obsolete. Councilman Boggess stated the Village Manager and Village Clerk should review the Code. Douglas Rudolph, 212 Bal Bay Drive, stated in his opinion, the 20% protest percentage is appropriate. 11. Adiourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adjourn. The motion carried unanimously (4-0), with Mr. Taplin absent, and the meeting adjourned at 11:45 a.m. M$ybr Estele Attest: eanette Hor(on , CMC/AAE Village Clerk 7,& Regular Council Meeting 11/19/96 10