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".
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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
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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
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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,
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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
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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
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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.
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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
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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
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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;
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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