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HomeMy Public PortalAbout1996-12-17 Regular Meeting41 COUNCIL MINUTES REGULAR MEETING - DECEMBER 17, 1996 The regular meeting of the Bal Harbour Villas Council was held on Tuesday, December 17, 1996, in the Counci Chamber at Bal Harbour Vi age Hall. The meeting was called to der at 9:33 a.m. by Mayor Spi gel. The roll was called and tho present were: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. irschl Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk 'chard J. Weiss, illage Attorney Absent: Cou cilman Sol . Taplin As a quorum was de ermined commenced. 2. Approval of Minutes: Boggess and seconded by Ass minutes of the November 19, 19 changes or additions, the mot Councilman Taplin absent, submitted. 3. Presentations: Officer of the Resolution - presented the Council Representatives hono Anniversary. Ms. Bloom then proce renourishment for B brought by Golden B Corp of Engineers January loth. Aft renourished Bal renourishment. She continued to sources off the trying to get th use of that sand. to be present, the meeting motion was offered by Councilman ant Mayor Blank to approve the egular meeting. There being no on arried unanimously (4-0), with nd t e minutes were approved as onth: None sine Bloom: The Honorable Elaine Bloom th a Resolution adop d by the House of g Bal Harbour Villag on their 50th ded to give the Council an 1 Harbour. She explained t ach has been lifted by the Judg as proceeded and will let their r Miami Beach and Sunny Isles beac Harbour's beaches are next in date on beach e injunction . The Army ontract on has been ine for xplain Miami Beach has identified off -shore sand urks and Caicos islands. At this time, they are Army Corps of Engineers to expedite approval for 4. Public earings: None 5. Ordinance Second Reading/Public Hearings: 42 COUNCIL MINUTES REGULAR MEETING - DECEMBER 17, 1996 The regular meeting of the Bal Harbour Village Council was held on Tuesday, December 17, 1996, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:33 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 November 19, 1996, regular meeting. There being no changes or additions, the motion carried unanimously (4-0), with Councilman Taplin absent, and the minutes were approved as submitted. 3. Presentations: Officer of the Month: None Resolution - Elaine Bloom: The Honorable Elaine Bloom presented the Council with a Resolution adopted by the House of Representatives honoring Bal Harbour Village on their 50th Anniversary. Ms. Bloom then proceeded to give the Council an update on beach renourishment for Bal Harbour. She explained the injunction brought by Golden Beach has been lifted by the Judge. The Army Corp of Engineers has proceeded and will let their contract on January 10th. After Miami Beach and Sunny Isles beach has been renourished Bal Harbour's beaches are next in line for renourishment. She continued to explain Miami Beach has identified off -shore sand sources off the Turks and Caicos islands. At this time, they are trying to get the Army Corps of Engineers to expedite approval for use of that sand. 4. Public Hearings: None 5. Ordinance Second Reading/Public Hearings: 43 A. The ordinance was read, by title, by the Village Clerk amending the adopted Comprehensive Plan. Mr. Treppeda explained the State has not completed their review of the Village's proposed Comprehensive Plan amendment. At this time, he requested the Council continue this hearing. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to continue this hearing until next month. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. B. The ordinance was read, by 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 the public hearing for comments. Councilman Boggess stated Mr. Weiss was requested to research what other cities time period was for re -filing an application for public hearing. He has provided the following information: City of Miramar City of Miami Dade County 1 year 18 months 6 months Therefore, in his opinion, 6 months is not unreasonable. Assistant Mayor Blank stated in his opinion, 3 months is a more appropriate period of time. Mario Noto, 290 Harbour Way, addressed the Council and asked what is the recourse if an application is denied. Mr. Weiss explained this is addressed in Section 21-51(d) of the Code. He further explained the proposed ordinance does have a provision to waive the 6 month waiting period on withdrawals of applications for public hearings. Councilman Hirschl asked Mr. Weiss to clarify denial/withdrawal. Mr. Weiss replied if a zoning application is denied by the Council the same application may not be refiled until a 12 month period from the date of the denial has lapsed. A withdrawal is when an application has been withdrawn by the applicant without the approval of the Council. Assistant Mayor Blank asked why have both clauses in the ordinance where one would have preference over another. He stated, in his opinion, 6 months waiting period is unnecessary and that the Council should decide the time after a hearing. Mr. Weiss explained this proposed ordinance sets up a general rule, and the Council has the ability to make an exception to that rule. Regular Council Meeting 12/17/96 2 44 He then proceeded to give an example of another general rule which is in the Village's Code. Councilman Boggess pointed out the typical home owner making any changes has to appear before the Architectural Review Board. They then would appear before the Council only after their plans have been approved subject to a variance. Therefore, a home owner withdrawing an application would be very rare. He further stated, in his opinion, the home owner is protected. Richard Olsen, 224 Bal Bay Drive, stated he was under the impression the Architectural Review Board rule changed in approving an application that required a variance. Councilman Hirschl stated no Certificate of Appropriateness can be issued, but they can approve an application subject to the Council approving a variance. There being no further comments, Mayor Spiegel proceeded to close the public hearing. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to enact this ordinance. 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. 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. 6. Ordinances First Reading: The ordinance was read, by title, by the Village Clerk amending Chapter 13 of the Village Code "Pension and Retirement Benefits." Mr. Treppeda explained this is one of the benefits negotiated with the Police Union. Currently the multiplier is 2%, but with this amendment the General Employees will have a multiplier of 2.25% and the Police Employees after September 30, 1996 will have a multiplier of 2.50%. Mr. Weiss then explained the amendment in reference to the Village Manager, which is a part of his contract. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to enact this ordinance. 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 Regular Council Meeting 12/17/96 3 45 ORDINANCE NO. 421 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING CHAPTER 13 OF THE VILLAGE CODE "PENSIONS AND RETIREMENT BENEFITS"; AMENDING SUBSECTION 13-28 RELATING TO RETIREMENT BENEFITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 7. Resolutions: The resolution was read, by title, by the Village Clerk requesting the legislative delegation of Dade County to propose legislation to amend Chapter 163, Florida Statutes. Mr. Weiss explained basically this resolution encourages the legislature to exempt small cities from the Comprehensive Plan process. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank 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 absent, thus becoming RESOLUTION NO. 543 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, PROVIDING FOR THE VILLAGE COUNCIL'S REQUEST TO THE LEGISLATIVE DELEGATION OF DADE COUNTY TO PROPOSE LEGISLATION TO AMEND CHAPTER 163, FLORIDA STATUTES, THEREBY EXEMPTING COMMUNITIES OF CERTAIN SIZES AND DEGREE OF BUILT -OUT FROM THE COMPREHENSIVE PLAN PROCESS; PROVIDING FOR AN EFFECTIVE DATE. 8. Beach Renourishment - Brian Flynn: Mr. Flynn addressed the Council and explained there are two projects scheduled for Bal Harbour. One project is scheduled for spring 1997, which would use the sand source east of Haulover inlet. At this time, they are going through permitting. The second project will have sand dredged from the Intracoastal Waterway, and this sand will be placed in Bal Harbour. This sand will placed in Bal Harbour by the end of the first quarter of 1997. He proceeded to explain this will only complete 20 percent of the total project. Therefore, by the summer of 1997 the complete beach should be renourished. Mr. Flynn then proceeded to explain the Judge lifted the injunction brought by Golden Beach. The Army Corps of Engineers has proceeded and will let their contract on January loth. He further explained Golden Beach is going to appeal the decision, but this does not stop the process. Regular Council Meeting 12/17/96 4 46 9. Adopt -A -class Program - Candice Beckham: Mrs. Beckham addressed the Council and explained for the past four years they have had a fund raising program to provide teachers with additional funds to buy supplies. She further explained the PTA underwrites the nominal cost of the program and all the funds raised go directly to the teachers. The cost to adopt a class is $250.00. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to donate $250.00. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 10. Discussion of Cat Problem on the Beach - Irma Barron: Mr. Treppeda explained he has received an increasing number of complaints from residents about the large cat population on the Village's beach. He further explained he contacted John Zober, Director of Dade County Animal Control, to see if he could assist the Village with this problem. He continued to explain that Mr. Zober, directed him to the SOBE Spay & Neuter Corporation. This company is a not for profit organization, which has been in existence for three years. Ms. Barron addressed the Council and explained her company will spay and neuter the cats, as well as check them for disease. They will notch one of their ears in order to identify those that have already been treated. At this time, Mr. Treppeda requested the Council to approve up to $5,000.00 in beach maintenance funds to SOBE Spay & Neuter Corporation. These funds will be utilized exclusively for getting the cat population under control in the Village. He recommends that one installment of $2,500.00 immediately, and the second $2,500.00 if and when the first installment has been exhausted, provide that the Village is happy with the outcome. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the expenditure of $2,500.00. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 11. Reports and Recommendations: A. Mayor and Council: Councilman Hirschl referred to the newspaper articles about the traffic flow, and about Surfside's attempt to close Bryon Avenue. He further stated residents have contacted him about the closing of access roads. He then asked Mr. Weiss to keep the Council abreast of what the County plans are for the access roads. Mr. Weiss explained that Mr. Treppeda could contact the County for information, and if he has trouble getting information he should contact his office. Regular Council Meeting 12/17/96 5 47 B. Village Attorney: None C. Village Manager: Reappointment of Special Masters: Mr. Treppeda explained pursuant to Section 2-182 of the Bal Harbour Village Code, the Village Manager may reappoint Special Masters subject to ratification of the Village Council. He further explained the current Special Masters Darcee Siegel and Benjamin Oremland are willing to serve another term. At this time, he requested the council ratify the Village Manager's reappointment of Darcee Siegel and Benjamin Oremland as Special Masters for another one year term. A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl to ratify the Village Manager's reappoint of the Special Masters. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. Bal Harbour Club Easement Update: Mr. Treppeda explained as directed by the Council, he held a meeting with the Village Attorney, Bill Landis of Craig A. Smith & Associates, and Richard Olsen, President of the Bal Harbour Club. This meeting was concerning the easement that the Village needs in order to run a drainage pipe into the yacht basin for stormwater drainage. He proceeded to explain after considering all options, it was decided that in the best interest of the Village to enter into an easement agreement with conditions. The conditions are that the Village would move the pipe in the event that it interferes with future development. Also, require that the developer make every effort to work around the existing pipe. Mr. Treppeda explained Mr. Olsen took this before the Board of Directors of the club, and they gave him the authority to approve this agreement with five votes of the executive committee. 4th of July Fireworks Display: Mr. Treppeda explained as in the past, Zambelli Fireworks Company has offered the Village a 10% discount or a special bonus package if a deposit of 50% is paid by December 31st. He further explained the cost for the same display as last year has increased $1,290.00. At this time. he requested Council authorization to pay the 50% deposit of $8,400.00. Discussion followed about this year's display, when the finale was in the middle. Since the Village has always done business with this company, and what happened this year, the Village should not have to pay an increase. Regular Council Meeting 12/17/96 6 48 A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl to approve doing business with Zambelli depending on Mr. Treppeda negotiating with them. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. Annual General Employee Performance Bonuses: Mr. Treppeda explained the General Employees of the Village are entitled to receive an annual bonus based upon their job performance throughout the year. He further explained they are evaluated on attendance, demeanor, work performance, and dependability. The maximum bonus an employee can receive is 4% of their base pay. He continued to explain the average of all performance bonus ratings for 1996 is 2.78%. The total cost to the Village for the 1996 Employee Performance Bonuses is $27,000.73, which is well within the budgeted amount of $33,000.00. At this time, he requested that the Council approve the expenditure of $27,000.73. Assistant Mayor Blank asked Mr. Treppeda why Priscilla Reichenbach is included, since she resigned. Mr. Treppeda explained when she resigned he promised her he would evaluate her performance for the nine months she was in the employ of the Village. Assistant Mayor Blank then asked Mr. Weiss' opinion. Mr. Weiss replied there is no obligation by the Council to pay this bonus. Assistant Mayor Blank then asked for the opinion of the Council. Councilman Boggess stated he agrees with Assistant Mayor Blank that if an employee quits they are not entitled to receive this bonus. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the expenditure for the 1996 Employee Performance Bonuses except for Priscilla Reichenbach. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. Resort Tax Committee Recommendation Miss Florida USA Pageant: Mr. Treppeda explained for the past two years, the Village has sponsored the Miss Florida USA Pageant by giving up to $25,000.00 towards hotel rooms, meeting rooms, and parking fees for the contestants and staff. He further explained the Resort Tax Committee recommended that the Village sponsor this event with a condition that Mr. Gravitt provide the Village with additional footage that the Village can use in the Village videos. Councilman Hirschl explained that Mr. Gravitt produces a video that the hotels and the Committee want to use for promotion to travel agencies, which is the reason for the condition. Regular Council Meeting 12/17/96 7 49 A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. Resort Tax Committee Recommendation - Presentation in Peru: Mr. Treppeda explained the Emissary met with United Airlines and was advised that they have seen an increase in inbound travel from Peru, and many of these travelers stay at the Sonesta Beach Hotel in Key Biscayne. He further explained United Airlines is willing to explore opportunities for presentations and follow-up FAMS for Bal Harbour Village. Mr. Treppeda explained the Resort Tax Committee has recommended the approval of $2,500.00 to fund a presentation in Peru. At this time, he requested the Council consider the Committee's recommendation for approval of $2,500.00 to fund a presentation in Peru by the Village's Emissary. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Matthew Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. It was the consensus of the Council to approve the following Resort Tax Committee recommendations at one time, which are as follows: Travel Agent Postcards Travel Agent Posters Trade Show Booth Copy Panels A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the expenditure for Travel Agent Postcards, Travel Agent Posters, and Trade Show Booth Copy Panels. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin absent. 12. Other Business: Councilman Hirschl explained he asked Mr. Treppeda to have Mr. Landis present today to give an update on the Storm Drain Project. Mr. Landis addressed the Council and explained that there are two projects, one is for the pump station and the other is for the drainage pipes. He continued to explain the pour of the basic structure is completed, and will be pouring additional structural members. When this is completed they will be able to stop the pump, which will be within three to four weeks. He explained the odor is coming from the sea water and the vegetation materials beneath the ground, and as long as the pump is Regular Council Meeting 12/17/96 8 50 running there will be an odor. Councilman Hirschl asked Mr. Landis what is the completion date for this project. Mr. Landis replied the completion date for the pump station is June, and for the storm drain pipes, March or April. Assistant Mayor Blank asked if there was a chemical that can be used to stop the odor. Mr. Landis replied since the Village does not have a treatment plant there is nothing that can be done about the odor at this time. Douglas Rudolph, 212 Bal Bay Drive, asked Mr. Landis to explain the project. Mr. Landis explained that DERM requires that the Village cannot outfall any water without prior treatment. Councilman Hirschl asked Chief Freeman for an update on the speeders in the Village. Chief Freeman explained they are using radar enforcement, installed four new stop signs, and children at play signs. Assistant Mayor Blank stated he met with the Village Manager, Chief Freeman, Mrs. Hellman to discuss this subject. At this meeting they resolved what would be done, which was as follows: Radar Signs Stop Signs He then proceeded to ask Chief Freeman if any tickets have been issued to speeders. Chief Freeman replied yes and the stop signs have been installed and the department is using the radar sign. Douglas Rudolph, 212 Bal Bay Drive, asked if it would be standard procedure that Chief Freeman or a member of the department regularly attend the Civic Association meeting. Councilman Hirschl directed Mr. Rudolph speak to the Village Manager about this matter. Mr. Treppeda stated that the Police Department is doing an excellent job. The way he measures their success is by the crime statistics. Charles Brown, 228 Bal Bay Drive, President of the Bal Harbour Civic Association, explained that at the Civic Association meeting there has been a lot of discussion about safety. They want the police department to enforce the 20 mile per hour speed limit. Also, he is receiving complaints about the children in golf carts. Mayor Spiegel stated that at the Civic Association meeting to alert the parents to use control over the golf carts and children riding bicycles. He explained the Association has formed a safety committee, and proceeded to give the names of the members. He then proceeded to explain he received a call from Mr. Wong who requested permission to run a pipe through the Village for a water reuse main Regular Council Meeting 12/17/96 9 51 from Haulover Park to Indian Creek. He advised Mr. Wong to appear before the Civic Association meeting. Louis Harris, 9801 Collins Avenue, addressed the Council about the noise at the Sheraton Bal Harbour pool deck. He requested the Council amend their noise ordinance. Mr. Treppeda explained only 4 complaints since 1994 have been received. Also, no complaints have been received since April 1995. The Council directed Mr. Treppeda to report back next month on other communities' noise ordinances. Richard Olsen, 224 Bal Bay Drive, objected to leaving in the Code the 4/5 vote rule as defined in Section 21-55 of the Village Code. Since Mr. Weiss was unable to find this stipulation in other communities. He requested the Council reconsider and amend the Code to delete the 4/5 vote rule. Councilman Boggess stated that this has been a part of the Code for some time, and he cannot see any reason to amend the Code at this time. At this time, the Village Manager and Village Clerk left the room since the Council would be discussing their performance bonuses. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve 4% performance bonus for both the Village Manager and Village Clerk. The motion carried unanimously (4-0), with Councilman Taplin absent. 13. Adiourn: There being no further business to come before the Council, a motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adjourn. The motion carried unanimously (4-0), with Councilman Taplin absent, and the meeting adjourned at 11:35 a.m. K. bor Estelle Spiepf l Attest: eanette Horton, CMC/AAE Village Clerk Regular Council Meeting 12/17/96 10