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HomeMy Public PortalAbout1997-10-21 Regular Meeting1.53 COUNCIL MINUTES REGULAR MEETING - OCTOBER 21, 1997 The regular meeting of the Bal Harbour Village Council was held on Tuesday. October 21, 1997, in the Council Chamber at Bal Harbour Village Hail. The meeting was called to order at 4:03 p.m. by Mayor Spiegel. The roll was called and those present were: Mayor Estelle Spiegel Assistant Mayor Andrew R. Hirschl Councilman James E. Boggess Councilman Peg E. Gorson Councilman Daniel S. Tantleff Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Stephen Helfman, Village Attorney - As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge of Allegiance was led by Assistant Mayor Hirschl. 3. Approval of Minutes: A motion was 'offered by Councilman Tantleff and seconded by Councilman Gorson to approve the minutes of the September 3, 1997, budget hearing. There being no additions or corrections, the motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve the minutes of the September 16, 1997, regular meeting. There being no additions or corrections, the motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Tantleff and seconded by Councilman Boggess to approve the minutes of the September 17, 1997, budget hearing. There being no additions or corrections, the motion carried unanimously (5-0), and the minutes were approved as submitted. 4. Presentations - Officer of the Month: None 5. Public Hearings: None 6. Ordinance First Reading/Public Hearing: The ordinance was read, by title, by the Village Clerk providing for rezoning from "PC" Private Club zoning district to the "OF" Ocean Front District of the "Beach Club Site". Regular Council Meeting 10/21/97 154 Mr. Helfman explained that this is a quasi judicial proceeding and that the Council's decision should be based on evidence presented. The staff, the Village Planner, will present the staff's recommendation initially. Thereafter the applicant will have an opportunity to put on their case and their evidence. Afterward, anybody who wishes to speak in opposition to the application will have an opportunity to speak. The applicant will then have an opportunity to rebut that opposition, and then the matter will be considered by the Council. Mr. Helfman then proceeded to explain that in order to change the zoning on a piece of property in the Village, by State law you are required to do it by ordinance and that ordinance, in order to be adopted, will require two hearings. The ordinance would have to be passed today in order to have a second hearing. Mayor Spiegel then proceeded to open the public heafing. Councilman Tantleff commented that it is important for everyone to understand that the Council sits as a decision making body, which means they can only make decisions. Those decisions can only be based on evidence. All persons wishing to speak were sworn in by Darby Ginsberg, Court Reporter. Mr. Miller, Craig A. Smith & Associates, addressed the Council and rather then reading the whole document, he proceeded to summarize their analysis of the application and their recommendation as following: Comprehensive Plan Consistency Zoning Analysis Concurrency Analysis Mr. Miller stated he recommends the Village approve the application for rezoning if it wishes to allow the land- to be developed as a high rise family development. The requested zoning classification would be consistent with the Comprehensive Plan allowances, but the park issue will need to be addressed although it is not specifically related to the rezoning of the property. Clifford Schulman, of the firm Greenberg Traurig 1221 Brickeli Avenue, explained he represents the applicant. he then proceeded to introduce Sheldon Libfield, the contract purchaser of the property, Henry Fondraic of Transportation Analysis Professionals, Bruce Charrington of Vermillio Ajano, Ana Medina of Coastal Systems, and Michael Cannon from Real Estate Appraisal Economics Association. He then distributed to the Council a booklet, which contained the following information: Recommendation of the Village Planner Regular Council Meeting 10/21/97 155 Village of Bal Harbour Zoning Map Village of Bal Harbour Future Land Use Map Excerpt from the Bal Harbour Village Comprehensive Plan Anticipated Dade County Impact Fees Excerpt from the Bal Habrour Village Comprehensive Plan, Transportation Element "Sands of Time", Daily Business Review August 19, 1997 Section 163.3202, Florida Statutes (1996) Resumes of Michael Cannon, Bruce Chatterton, Henry Fandrei, Ana Mejia-Medina, Harvey Sasso, and Charles Sieger Mr. Schulman asked Mr. Cannon, Real Estate Analysis, to address the Council. He explained he reports on real estate economics in South Florida, including the uses of land, especially the highrise condominium market and on the statistics in housing. He explained Mr. Schulman requested him to conduct a survey and provide expert opinion on four major items, which are as follows: Economic trends of private clubs Existing beachfront land uses within the Vill Economic viability of uses permitted under the current zoning Reasonable uses for the subject property The following people appeared and spoke: Joel Weinstein, 10185 Collins Avenue Sandy Hirch, 10205 Collins Avenue Sean Clancy, 211 Bal Cross Drive Douglas Rudolph, 212 Bal Bay Drive Marjorie Schell, 9801 Collins Avenue Patricia Tumpson, 10185 Collins Avenue Glen Ward, 251 Sal Bay Drive Dan Ciccio, 10185 Collins Avenue Fred %rugal, 10185 Collins Avenue Dina Cellini, 211 Bal Cross Drive Mary Schafer, 10185 Collins Avenue Sam Ziefer, 187 Bal Cross Drive William Castellano, 138 Park Drive Max Lebow, 10245 Collins Avenue Howard Berlin, 67 Bal Bay drive Ira Lelchuck, 169 Camden Drive Daniel Holder, 24 Bal Bay Drive Phil Carbisaro, 63 Bal Bay Drive The following exhibits were entered into the record: i. Aerial photo of the Club Aerial photo of Bal Harbour coast 3. Plat Book 44 Page 27 4. Bal Harbour Village zoning map Regular Council Meeting 10/21/97 ge 156 5. Bai Harbour Village future land use map 6. Excerpt from future land use element Bal Harbour Village Comprehensive Plan ;. Section 163.3194 Florida State Statute S. Anticipated Dade County impact fees 9. Concurrency Evaluation Table At this time, Mayor Spiegel closed the public hearing. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to continue this hearing for 60 days. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. The Council directed _that postcards be sent advising the continuation of this hearing until the December 16 1997 Council meeting. 6. Ordinance First Reading: The emergency ordinance was read, by title, by the Vill`'age Clerk transferring funds retroactively for the Fiscal Year 1996/97. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to enact this ordinance. The motion carried with the vote as follows: Mayor Spiegel Aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman 'Gorson aye; Councilman Tantleff aye, thus becoming ORDINANCE NO. 428 AN EMERGENCY ORDINANCE OF BAL HABROUR VILLAGE, FLORIDA, TRANSFERRING FUNDS RETROACTIVELY WITHIN THE GENERAL FUND BUDGET AND DEPARTMENT OF TOURISM FOR FISCAL YEAR 1996/97. 7. Ordinance Second Reading/Public Hearing: The ordinance was read, by title, by the Village Clerk amending Article III "Public Service Tax" of Chapter 18 "Taxation and Finance" of the Village Code. Mayor Spiegel then proceeded to open the public hearing for comments. There being none, Mayor Spiegel closed the public hearing. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to enact this ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch' aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye, thus becoming ORDINANCE NO. 427 AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, Regular Council Meeting 10/21/97 4 157 AMENDING ARTICLE III, "PUBLIC SERVICE TAX" OF CHAPTER 18 "TAXATION AND FINANCE" OF THE VILLAGE CODE, REPEALING EXISTING PROVISIONS OF SUCH ARTICLE III TO PROVIDE FOR REVISION OF THE RATE OF THE PUBLIC SERVICE TAX AND THE UTILITY SERVICES WHICH ARE SUBJECT TO SUCH PUBLIC SERVICE TAX, AS AUTHORIZED BY SECTION 166.231, ET SEQ., FLORIDA STATUTES; PROVIDING FOR LEVY AND IMPOSITION OF THE PUBLIC SERVICE TAX UPON THE PURCHASE WITHIN THE VILLAGE OF ELECTRICITY, METERED GAS, BOTTLED GAS, COAL, FUEL OIL AND TELECOMMUNICATIONS SERVICES; AMENDMENTS TO CONFORM TO CHAPTER 97-233, LAWS OF FLORIDA (1997); PROVIDING FOR SAVINGS AND VALIDATION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. Resolutions: None 10. Comprehensive Plan EAR Based Amendments - Michael Miller, Craig A. Smith& Associates: Mr. Miller addressed the Council and explained over the past three years he has been working with the Village to prepare a State mandated Evaluation and Appraisal Report (EAR) and EAR -Based Amendments. He further explained the Village's EAR Based Amendments were adopted by the Village on March 18, 1997, and found in compliance by.DCA on May 8, 1997, except for certain Goals, Objectives and Policies related to Post Redevelopment after hurricane and major storms. He continued to explain he has worked with DCA staff members, and the Village Attorney's office to prepare such verbiage-. At this time, the DCA staff and attorneys, his office and the Village Attorney's office feel the documents satisfy the non-compliance issue. The Compliance Agreement is being circulated for signature at DCA and will be sent to the Village shortly. Mr. Miller explained the Village will need to adopt two documents to finalize this issue. One is a Compliance Agreement and the other is a Comprehensive Plan Amendment to incorporate the new verbiage. 11. Reports and Recommendations: A. Mayor and Council: Councilman Gorson stated, in her opinion, the Council should activate the Beautification Committee. It was the consensus of the Council it is not necessary at this time. B. Village Attorney: Mr. Weiss explained he has received a settlement offer from the Feuerrings. He then requested an executive session be scheduled to Regular Council Meeting 10/21/97 5 158 discuss the offer. C. Village Manager: Surf-Bal Bay Recreation Program: Mr. Treppeda explained Ba1 Harbour, Bay Harbor, and Surfside have been working together to establish an after school recreation program for children from 10 to 14 years of age. He further explained Mr. Lovelass, Principal at Bay Harbor Elementary School, has agreed to administer the program, which will be funded by the three cities. At this time, he requested Council approval of $10,000.00 to fund the first year of the program. A motion was offered by Assistant Mayor Hirschl ,and seconded by Councilman Boggess to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Corson aye; Councilman Tantleff aye. Discussion of Proposed Plans for 96th Street- Gaspar Lobaina/Florida Department of Transportation: Mr. Treppeda explained the proposed changes did not require public notice, therefore the Village was not advised of them by D.O.T. He further explained the Village's engineering firm, Craig A. Smith & Associates, has agreed to have their traffic engineer review the plans on the Village's behalf and is present to discuss them. He then proceeded to introduce Gaspar Lobaina and Mike Ciscar of the Department of Transportation who will explain the proposed changes to the traffic flow at 96th Street and Harding Avenue. Mr. Lobaina explained the plan to the Council. He pointed out if this elan does not work, then they can go to court and tell the judge that the bank building on the corner of 96th Street and Harding Avenue has to be =taken down to increase the right of way. He further explained included in this project is the ponding problem in front of the Shui. Mr. Treppeda explained to the Council Bill Landis, Craig A. Smith & Associates is present to address the Council on D.O.T. plans for 96th Street. Mr. Landis address the Council and explained the preliminary construction plans submitted to him for this project were reviewed after a field visit. He then proceeded to give his observations and recommendations on this project, which are as follows: 1. He concurs that the traffic configuration on Byron Avenue shall remain unchanged. 2. He concurs with construction of a bus bay Regular Council Meeting 10/21/97 6 159 on the south side between Byron Avenue and Abbott Avenue. Also, the right turn lane to be eliminated and replaced with the bus bay. 3. He concurs that the existing bus stop on the corner of 96th Street and Harding be moved to the new location. 4. He concurs that two way traffic remain on Abbott Avenue with no modifications to on - street parking. 5. He disagrees on the revised traffic movement from Abbott Avenue to Harding Avenue. He proposed that the left lane be thru only and right lane to thru/right as it is now existing. 6. He disagrees with the construction of a concrete island barrier on 96th Street just east of Harding Avenue. He proposed continuing two lanes eastbound through the intersection of Harding Avenue and 96th Street as it now exists. ? He disagrees with the plans that indicate a left turn movement onto Harding Avenue. `He recommends that no left turn movement be permitted onto Harding Avenue. The Council then proceeded to ask Mr. Lobaina about the ongoing problems with drainage issues. Mr. Lobaina replied he is not aware of any drainage problems. it was the consensus of the Council that Mr. Treppeda write a letter stating the Village's opposition to the traffic plans for 96th Street, as well as the Village's ongoing drainage problems. Display of Outdoor Decorative Statues, Sculptures, and other Art Works: Mr. Treppeda explained he has received a number of complaints from residents of the Security District relative to works of art which have been displayed in the front yard of S8 Bal Bay Drive. He further explained the Village's current code has no clear language which requires any type of approval prior to placing works of art in a yard. He explained this is for discussion purposes to determine if the Council wishes to regulate what can and cannot be placed in a yard. Mr. Weiss explained the Council could regulate the amount of art by number and the colors as part of the Appearance Code. It would be difficult to have the regulation be retroactive. Regular Council Meeting 10/21/97 160 Assistant Mayor Hirschl read excerpt from the internet on the owner Lucien J. Engelmajer and his organization. This organization deals with recovering addicts. It was the consensus of the Councii that Chief .Freeman and Mr. Treppeda speak to the owner about this matter and report back to the Council. Approval of Telephone Work/Lucent Technologies: Mr. Treppeda explained telephone service must be added to the new Village Hall Annex Building and changes must be made to the telephone service in the main Village Hall Building due to the renovation/expansion project. At this time, he requested Council approve the expenditure of $16,210.00 for this additional telephone service, which is within the budgeted amount of $19,000.00. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Discussion of Carpet, Wallpaper, and Tile for Village Hall: Mr. Treppeda explained prior to the next Council meeting, he needs to advise the contractor of the carpet, tile and wallpaper selections. He further explained Councilman Gorson is assisting with the selections. Councilman Gorson explained she is still waiting for information on these items, and requested this be discussed at the November meeting. Discussion of Proposed Bal Harbour Logo: Mr. Treppeda explained the Village's Advertising Consultant Ed Leshansky, has designed a new logo for Bal Harbour Village'.' He further explained the Resort Tax Committee unanimously agreed on recommending that the Village adopt the new logo. He then displayed a sample of the logo. A motion was offered by Assistant mayor Hirschl and seconded by Mayor Spiegel to adopt the new logo for Bal Harbour Village. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. 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 Regular Council Meeting 10/21/97 S 161 for the contestants and staff. He then proceeded to explain the Resort Tax Committee has recommended that the Village sponsor this event again for 1998. He then explained the benefits the Village would receive, which are as follows: 1. The Village is included in all press releases and promotions. 2. The Village travel and shopping packages are included in the contestants and family information. 3. The Village receives opening and closing billboard announcements in the -network portion of the telecast. 4. Segments are filmed in the Village .and identified as Ba1 Harbour Village. 5. A full page ad in the pageant program book. At this time, he requested the Council consider the recommendation of the Resort Tax Committee to sponsor the Miss Florida USA Pageant for 1998 with a contribution of $25,000.00. A motion was offered by Councilman Tantleff and seconded by Mayor Spiegel to approve this expenditure. The motion carried with the vote as follows: Mayor. Spiegel aye; Assistant Mayor Hirschl aye; Councilman: Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Recommendation of Resort Tax Committee - Approval of Promotional Items: Mr. Treppeda explained the Resort Tax Committee unanimously approved the purchase of promotional items to be distributed at trade shows. He further explained Mr. Leshansky solicited competitive bids on the items, and the total cost is $11,620.00. At this time, he requested Council approve the recommendation of the Resort Tax Committee for the purchase of promotional trade show items. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Counciiman Tantleff aye. Recommendation of Resort Tax Committee - Conex Internet Web Page: Mr. Treppeda explained Conex, a marketing and promotions company based in South Miami, will promote Regular Council Meeting 10/21/97 9 162 the Village as a travel destination on their web site for one year for $245.00. He further explained the Resort Tax Committee unanimously recommended this expenditure. At this time, he requested Council approve the recommendation of the resort Tax Committee to include the Village on the Conex web site for one year. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Recommendation -of Resort Tax Committee _ Contribution to GMCVB to Sponsor New World Symphony Tour: Mr. Treppeda explained the New World Symphony approached the ViliAge to request a sponsorship of $25,000.00 to $100,000.00 for their European tour. He further explained the GMCVB then offered for the Village to coop with them on a sponsorship for a contribution of $5,00Q.00. For this contribution the Village would get recognition in the program book. Also, the GMCVB will pay for the hotel and airfare to send a representative of the Village to Europe to attend the London and Paris concerts to promote Bal Harbour Village. At this time, he requested that the Council approve the contribution of $5,000.00 to coop with the Greater Miami Convention and Visitors Bureau in sponsoring the New World Symphony's European Tour. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Gorson to approve this expenditure. The motion carried with the motion as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Purchase of Parking Meter Mechanisms: Mr. Treppeda explained that he budgeted..for the replacement of the Village's mechanical parking meter mchanisms with the digital ones. The reason being that the digital meters are less prone to jamming. He proceeded to explainthe total cost for the digital mechanisms is $28,450.09. At this time, he requested Council approve the purchase of digital mechanisms for the Village's parking meters in the North Municipal Lot and the West Municipal Lot. The prices are from the City of Tampa bid with Duncan Parking Control Systems. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Regular Council Meeting 10/21/97 10 163 Councilman Tantleff aye. Poole and Kent Change Order #3: Mr. Treppeda explained this change order is for an additional fence around the pump station and additional time for start up of the pump station. The net increase of this change order is $1,725.00. At this time, he requested Council approval of this expenditure. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye: Councilman Tantleff aye. 12. Other Business: Assistant Mayor Hirschl ,stated in his opinion, the November and December Council meeting should start at 4:00 p.m. Discussion followed and it was the consensus of the Councj1 that the November and December meeting commence at 4:00 p.m. 13. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 7:40p.m. Attest: Jeanette Horton, CMC/AAE Village Clerk Regular Council Meeting 10/21/97