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