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HomeMy Public PortalAbout1997-11-18 Regular Meeting164 COUNCIL MINUTES REGULAR MEETING - NOVEMBER 18, 1997 The regular meeting of the Bal Harbour Village Council was held on Tuesday, November IS, 1997, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:05 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. Tartftleff Also Present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney David Wolpin, Village Attorney As a quorum was determined to be present, the, meeting commenced. 2. Pledge of Allegiance: by Assistant Mayor Hirschl. The Pledge of Allegiance was led 3. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to approve the minutes of the September 29, 1997, workshop 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 Boggess and seconded by Councilman Tantleff to approve the minutes of the October 21.I1997, regular meeting. There being no additions or corrections, the motion carried unanimously (5-0), and the minutes were approved as submitted. a 4. Presentations - Officer of the Month: None 5. Public Hearings Quasi Judicial: The Village Clerk advised the Council that the owner of tit; property located at Lot 2 and 3, Block 12 of the R-I Residential, Section of Bal Harbour, more commonly known as 212 Bal Bay Drive is' seeking a non-use variance from the requirements of Section 21 35S(a) and Section 21-35S(b). Mayor Spiegel then proceeded to open the Public Hearing for comments. The Village Clerk then proceeded to swear in the following peou.le, wno would be giving testimony. Douglas Rudolph Nina Rudolph Regular Council Meeting 11/1S;97 165 Sean Clancy Richard Olsen Dan Nieda Mr. Nieda read into the record the staff recommendation, which as follows: Background: The owners of the property located at lot 2 and 3 of the R-1 Residential District of Ba1 Harbour at 212 Ba1 Bay Drive, is seeking a non-use variance from the requirements of Section 21-358(a), to permit a front and rear yard ten (10) feet high fence, where five(5) feet is the permitted maximum and Section 21-358(b) to permit a ten (10) feet high fence, where four (4) feet is the permitted maximum. Recommendation: The applicant has submitted for approval a site plan prepared by George Keen, Landscape Architect, indicating the configuration of the tennis court, fence and placement of landscape material. Proposed fence setback consist of 28 feet to the street right of way, 50 feet to the waterway and 10 feet to the side yards. Section 21-53 of the Code of Ordinances sets forth criteria for granting a non-use variance application as follows: 1. The granting of the variance must be compatible with the surrounding land uses and not be detrimental to the community as a whole. Applicant: The proposed use of a tennis court is an accessory use customary to single family residential dwellings. However, the Code does not provide guidance for a tennis court fence requirement. There is a land use precedent for tennis courts and fence height located at 44 Bal Bay Drive to set the criteria for community compatibility. The proposed tennis court fence is well set back from the right of way and fully concealed by a landscaped buffer zone. 2. The granting of a variance must do substantial justice to the applicant as well as the other owners of the district. Regular Council Meeting 11/18/97 166 Applicant: After publicly advertising this variance request. there are no objections on file to this application to date. The tennis court abuts one property owner to the south at 202 Bai Bay Drive, which is well buffered by an existing Ficus hedge to remain. Additional plant material will be provided to maximize privacy to the adjacent property to the south. 3. The variance can be granted in such fashion that the spirit of this chapter will be observed and welfare secured, without tending to create fire or other equally or more dangerous hazard or provoke excessive overcrowding or concentration of people or populations. Applicant: The nature of a ten foot high fence with green nylon mesh does not pose"a hazard to the public welfare and does not generate noise, overcrowding or any other noxious impacts. 4. Compliance with the strict letter of the regulations will result in a practical difficulty so as to prevent the owner from using the property for a permitted purpose or render compliance unreasonably burdensome. Applicant: The use of a tennis court with a four and five feet high fence might be an inconvenience, but not a hardship depending on the skill of the tennis players using the court. It should not prevent the owner from using the tennis court for its permitted use. The test of having to attain compliance with the Code as unreasonably burdensome is not clearly defined in this case. In my opinion. the applicant has clearly satisfied the first three conditions for which a non-use variance may be granted. The fourth condition to be met of demonstrating that a given task, such as using a tennis court with a four and five feet high fence, be unreasonably burdensome remain a subjective opinion. I will defer to the Village Council on making this subjective judgement, which will ultimately determine the course of this non-use variance application. Douglas Rudolph, 212 Bal Bay Drive, addressed the Council and Regular Council Meeting 11/18/97 167 explained he has never seen or played on a tennis court with a fence less than 10 feet high. In his opinion, it is a hardship to their neighbors. The fence ordinance was drafted for normal fencing guidelines. Assistant Mayor Hirschi asked if the Council had approved the fence located at 44 Bal Bay Drive. Mr. Nieda replied the fence located at that property is very close to the property line, and he could not locate any reference that there was a request before the Council. Assistant Mayor Hirschl asked if the Code allows lighted tennis courts in the Village. Mr. Nieda replied the Village has some guidance for lighting levels in the Dade County Code, which was followed. He continued to explain the lighting level must be certified before the tennis court may be used. Richard Olsen, 224 Bal Bay Drive, President of the Bal Harbour Club, and a Bal Harbour resident, stated he has no objection to the requested variance. However, the definition of accessory ,uses does not define tennis courts. Mr. Weiss explained that tennis courts are an incidental use co residential houses. Mr. Clancy did not speak although he was sworn in to.comment. Mayor Spiegel asked if the light poles will be higher than the fence. Mr. Rudolph replied yes. There being no further comments, Mayor Spiegel closed the public hearing. A motion was offered by Councilman Boggess and seconded by Councilman Tantieff to grant the applicants request for a non-use variance from the requirements Sections 21-358(a) and 21-35S(b?. The motion carried with the vote as follows: Mayor Spiegel ayu; Assistant Mayor Hirschl aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantieff aye. 6. Ordinances Second Reading/Public Hearing: None ?. Ordinances First Reading: None 8. Resolutions: The resolution was read, by title, by the Village Clerk supporting an amendment to Article VIII, Section 2(a) and (c) of the Florida Constitution. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschi to adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Regular Council Meeting 11/18/97 168 Mayor Hirschi aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye; thus becoming RESOLUTION NO. 564 RESOLUTION OF THE VILLAGE OF BAL HARBOUR, FLORIDA, SUPPORTING AN AMENDMENT TO ARTICLE VIII, SECTION 2(a) AND (c) OF THE FLORIDA CONSTITUTION. 9. Approval of Wine and Beer License - Cookworks of Santa Fe: Louis Termineilo, Attorney representing the owners of Cookworks, addressed the Council. He explained the Wine and Beer would be used in cooking classes and only sold in gift packages. A motion was offered by_Assistant Mayor Hirschl and seconded by Councilman Boggess to approve this request. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye: Councilman Boggess aye; Councilman Gorson aye: Councilman Tantleff aye. 10. Discussion of Landscape Issues - William O'Leary: Mr. O'Leary addressed the Council and explained that on October 23rd, he met with Rick Leal of Vila & Sons, to inspect the condition of the date palms. Based on this inspection, Vila & Sons has agreed to the following: Eight date palms appear to be in a declining condition. if no improvement is shown by December 1, 1997, they will be replaced by Vila & Sons. At present Vila is treating them with fertilizer and fungicide. Upon replacement, the warranty on these palms will be extended for six months. Nine additional palms look minimally stressed and they will be re-evaluated prior to the expiration of the warranty period, which is February 1, 1998. It was the consensus of the Council that Mr. Weiss review the warranty section of the contract and report back at the December meeting. 11. Reports and Recommendations: A. Mayor and Council: Mayor Spiegel thanked the police department for the 'Safgty that was held on Sunday. Assistant Mayor Hirschi reported in reference to the Storm 3raina;g project, a walk- through was done with tTle Village's engineers. Regular Counc leet itg 169 Craig A. Smith, Mr. Clancy President of the Civic Association, and the representatives of Telcon. There are many areas of concern that Telcon must address before the project is finished. Councilman Tantleff stated the bus shelters and receptacles must be repaired as soon as possible. B. Village Attorney: Mr. Weiss requested the Council consider changing the meet schedule from the present 4:00 p.m. It was the consensus of the Council that beginning in January the regular meeting will be held on the 3rd Tuesday of each month commencing at 3:00 p.m. Mr. Weiss reported he is working on an ordinance for the regulation of Statues in yards, which he will present at next months meeting. C. Village Manager: Purchase of Garbage Truck: Mr. Treppeda'explained the price quoted from Mack Sales of South Florida, inc. for the purchase of a 1998 Mack MR6SSS with a Leach 31 cubic yard rear load packer body is the same as the price the Village paid for the last two garbage trucks, with an additional $1,995.00 for a model year increase. Mr. Treppeda continued to explain that Mr. Wheldon has advised him that this truck will best meet the needs of the Village's garbage operation. The new truck will be replacing one which is 13 years old. At this time, he requested Council approve the purchase of a 1993 Mack MR688S truck with a Leach 31 cubic yard year load packer at a cost of $121,228.12. A motion was offered by Councilman Tantleff 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. Purchase of Police Cars: Mr. Treppeda explained funds are currently budgeted for the purchase of two police cars, which is part'of the.Village's normal replacement cycle. He further explained competitive bids and awards for the Florida Sheriff's Association and the State of Florida were reviewed. It was determined that two 1998 Ford Crown Victoria Pursuit Vehicles be purchased at State of Florida Bid Price with Duval Ford at $23.270.00 each. At this time, he requested Council approve the purchase of two Regular Council Meeting 11/18/97 6 1'70 police cars at a cost of $46,558.00 A motion was offered by Councilman Boggess and seconded by Councilman Gorson 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. Selection of Carpet, Tile, and Wallpaper - Middlebrooks & Associates: Mr. Treppeda explained Councilman Gorson has been working with Bal Harbour staff and with Middlebrooks &.Associates on selecting carpet, tile, and wallpaper for Village Hall and the new annex building. Mr. Fernandez of Middlebrooks & Associates displayed a rendering, which showed the locati..on of the carpeting and tile. He then proceeded to display samples of the carpet and tile that was chosen by Councilman Gorson and the staff. At this time, Mr. Treppeda requested Council approve the..;,selection of the carpet, at a cost of $26,426.00. Also, approve the selection of tile at a cost of $9,534.00, and wallpaper at a cost of $14,160.00. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirschl to approve the selection and expenditures. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Gorson aye; Councilman Boggess aye; Councilman Tantleff aye. Recommendation of Resort Tax Committee - Approyal of 42 to $50,000.00 for Lobbyist: Mr. Treppeda explained the Resort tax Committee has unanimously recommended the approval of up to $50,000.00 of Resort Tax funds to hire lobbyist Ron Book to assist the Village in working with Dade County to possibly develop a larger golf course at Haulover Park. He further explained he is setting up a meeting with Gwen Margolis' Executive Assistant to discuss different options relative to improving the golf course. Assistant Mayor Hirschl explained Senator Gwen Margolis, Chairperson of the Metro -Dade Commission, attended the Resort tax Committee meeting, and indicated that the County is losing money running the golf course. He further explained she feels that the county would be open to the idea of Bal Harbour Village improving the golf course. Councilman Tantleff referred to the letter received from the Sea View Hotel opposing this issue without a feasibility study being conducted. It was the consensus of the Council that the Resort Tax Committee explore and discuss the options. Regular Council Meeting 11/1S/97 171 Recommendation of Resort tax Committee - Approval of George Contorakes for Photography: Mr. Treppeda explained the Village's Advertising Consultant has obtained three bids for photography to update our inventory for advertising Bal Harbour Village. He continued to explain after discussing the three proposals, the Resort tax Committee unanimously voted in favor of utilizing George Contorakes Photography, which was the lowest at $8,588.50. The Committee also recommended the approval of up to $3,000.00 for two models for two days. At this time, he requested Council Approve the proposal of George Contorakes Photography if available, and if not Scott Wohrman for the same price. A motion was offered by Councilman Boggess 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 Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Recommendation of Resort Tax Committee - Second Annual Holiday Party: Mr. Treppeda explained the Resort Tax Committee has recommended the approval of an additional $2,000.00 for the Second Annual Bal Harbour Village Holiday Party, which is proposed to be held at the Sea View Hotel on Wednesday, December loth. He further explained Diana Agusti, the Director, of Marketing & Sales for the Sea View Hotel, is handling the holiday party for the Village. The Council had previously approved $5,500.00 for the party, however, Ms. Agusti proposed budget requires additional funds. At this time, he requested Council approve this additional expenditure. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to approve this additional 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 - Pachtman FAM Trip: Mr. Treppeda explained recommendation of the Village's Public Relations consultant, the Resort Tax Committee has recommended the approval of $5,000.00 for a press trip to bring journalists to Bal Harbour. The proposed dates for the press crip are April 22 through April 26. At this time, he requested Council approve the expenditure $5,000.00 for Pachtman Communications to arrange a press trip to Bal Harbour. Mr. Treppeda also explained that there may be additional costs for airfare and food unless they are donated. Regular Council Meeting 11/18/97 172 A motion was offered by Assistant Mayor Hirsch! and seconded by Councilman Boggess to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch! aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. Recommendation of Resort Tax Committee - Lighting Consultant for Street Light Project: Mr. Treppeda explained Resort Tax Committee member Stanley Whitman brought up to the Committee that the Village should utilize a lighting consultant for the street light replacement project, which is budgeted for this year. He continued to explain Mr. Whitman has utilized Ha Hilbish to handle his lighting issues at the 3a1 [!arbour Shops, and he recommended that the Village utilize his services for this project. At this time, he requested Council consider the recommendation of the Resort Tax Committee to utilize Hal Hilbish as the Village's lighting consultant for this project. A motion was offered by Councilman Tantleff and seconded by Assistant Mayor Hirsch! to utilize the services of Hal Hiibish as the Village's lighting consultant for the street light project. Discussion followed. Councilman Boggess questioned the cost for Mr. Hilbish services. Mr. Treppeda replied he will negotiate with Mr. Hilbish. Assistant Mayor Hirschl requested that Mr. Treppe•a also obtain other prices. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch! aye; Councilman Boggess aye; Councilman Gorson aye; Councilman Tantleff aye. 12. Other Business: Ms. Gadinsky, 1U1 Bai Bay Drive, addressed the Council and requested they consider adopting a :l resolution endorsing the proposed Human ights Amendment to the Metro -Dade County Code. it was the consensus of the !Council they needed time to review the resolution that is being requested.' At this time, Mayor Spiegel recessed the meeting at 5:13 p.m. to hear the Retirement Board Meeting. The regular meeting reconvened at 5:58 p.m. 13. Attorney - Client Session: Mayor Spiegel called this public meeting to order and requested a roll call. Those present were: Mayor Estelle Spiegel Assistant Mayor Andrew R. Hirsch! Councilman James E. Boggess Councilman Peg Gorson Councilman Daniel S. Tantleff :r. Weiss left the meeting at this time. Regular Council Meeting 11/1S/97 173 Alfred J. Treppeda, Village Manager David Wolpin, Village Attorney Jeanette Horton, Village Clerk Mayor Spiegel then proceeded to explain they are about to have an attorney/client session in accordance with Florida Statute 286.011. The session is estimated to last one hour or less and the following people will be in attendance at this meeting: Village Counciimernbers and Mayor Village Attorney David Woipin Village Manager Alfred Treppeda She further explained these proceedings will be recorded by a certified court reporter, and at the conclusion of all litigation discussed, the transcript will be made part of the public record. At this time, the Village Clerk left the meeting. At the conclusion of the Attorney/Client session Mayor Spiegel reopened the public meeting, and the Village Clerk returned to the meeting.. 14. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Mayor Spiegel to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 6:22°p.m. Mayor Estelle Spi Attest: a n e t t o Ho r illage Clef Regular Council Meeting 11/18/97 10