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HomeMy Public PortalAbout1997-12-16 Regular Meeting1:5 COUNCIL I L MINUTES REGULAR MEETING - DEC.EM.BER 16, 1997 The regular meeting of the Bal. Harbour Village Council was neld on Tuesday, December 16, 1997, in the Sanctuary at the Church by the Sea. The meeting was called to order at 4:06 p.m. by Mayor Spiegel. The .roll was called and those present were: Mayor Estelle Spiegel .Assistant Mayor Andrew R. Hirsch] Councilman Peg E. Gorson Councilman Daniel S. Tantleff Also present: Alfted J. Treppeda, Village Manager Jeanette Horton, Village Clerk', Ellisa Wright, Administrative Assistant Stephen Helfman, Village Attorney Daniel Weiss, Village Attorney Absent: Councilman James E. Boggess Mayor Spiegel. explainers Councilman Boggess is absent due to the death of his wife Betty. She stated services will be held on Saturday and information will be in Wednesday's newspaper. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The .Pledge of Allegiance was .led by Assistant Mayor Hirschi. 3. Approval of Minutes: A motion was offered by Councilman Tantleff and seconded by Councilman Gorson to approve the minutes of the November i£, 1997, regular meeting. There being no additions or corrections, the motion carried unanimously (4-0), with Councilman Boggess absent, and the minutes were approved as submitted. 4. Presentations - Officer of the Month: None 5. Public Hearings: None 6. Resolutions: The resolution was read, by title, by the Village Clerk endorsing the proposed Human Rights amendment to the Metropol'tan Dade County Code. Seth Gadinsky, 101 Bal Bay Drive, addressed the Council and explained he and his wife are members of SAVE (Safeguarding American. Values for Everyone). He then proceeded to introduce Terry Drive> wh; e:.plainecl the reasons for requesting the endorsing 1'76 this amendment. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Tantleff to adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Tantleff aye; thus becoming RESOLUTION NO. 56 RESOLUTION OF THE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, ENDORSING THE PROPOSED HUMAN RIGHTS AMENDMENT TO THE METROPOLITAN DADt COUNTY CODE. The resolution was read, by title, by the Village Clerk requesting President William Clinton and Congress to declare November 25th as "Jorge Mas Canosa Day" and to proclaim it as a recurring National Holiday. Mr. Treppeda explained this resolution was requested by_,.the Mayor of Hialeah Gardens. A motion was offered by Assistant Mayor Hirsch' and seconded by Councilman Tantieff to adopt this resolution. The motion carried with the Vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman Boggess absent; Councilman'. Gorson aye: Councilman Tantleff aye; thus becoming RESOLUTION NO. 568 RESOLUTION OF THE MAYOR AND COUNCIL OF THE VILLAGE OF BAL HARBOUR, FLORIDA, REQUESTING_ PRESIDENT WILLIAM CLINTON AND THE UNITED STATES CONGRESS TO DECLARE NOVEMBER 25TH AS "JORGE MAS CANoSA DAY" AND TO PROCLAIM IT AS A RECURRING NATIONAL HOLIDAY. The resolution was read, by title, by the Vi-'lage Clerk supportin_ the Florida League of Cities, Inc.'s constitution rev ision resolutions. Mr. Treppeda explained this resolution was requested by the Flo iva League of Cities. A mode's was offered by Counc._ iman Tan t ief f and s .oconded by. Assistant Mayor !'irschi to adopt this resolution. The motion carriedwith the cote as follows: Mayor Spiegel aye; Assistant Mayor Hirschl aye; Councilman iiog�ess absent; Councilman Gorson aye; Councilman Tantleff :lye; Chas becoming RESOLUTION NO. 569 A RESO ,( P LON OF THE VILLAGE OF BAL HARBOUR, FLORIEA, SUPPORTING THE FLORIDA LEAGUE OF Regu_a_ Cocil Meeting 12/16/97 1'7'7 CITIES, INC.'S CONSTITUTION REVISION RESOLUTION. 7. Resolution/Public Hearing: The resolution was read, by title, by the Village Clerk approving a stipulated settlement agreement between the Florida Department of Community Affairs and the Village of Bal Harbour. Mayor Spiegel then proceeded to open the public hearing for comments. Michael Miller addressed the Council and explained that the Village's EAR Based Amendments to the Comprehensive Plan were found in compliance by the Florida Department of Community (DCA), except for certain Goals, Objectives and Policies related to Post Redevelopment after hurricanes and major storms. There being no further comments, Mayor Spiegel closed the public hearing. A motion was offered by Assistant Mayor Hirsch' and seconded by Councilman Tantleff to adopt this resolution. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant kayo_ Hirsch' aye; Councilman Boggess absent; Councilman Gorson ayt; Councilman Tantleff aye; thus becoming RESOLUTION NO. 566 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A STIPULATED SETTLEMENT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") RELATED TO PROPOSED AMENDMENTS TO THE 3AL HARBOUR VILLAGE COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES AND POLICIES, AUTHORIZING EXECUTION BY THE VILLAGE MANAGER AND PROVIDING AN EFFECTIVE DATE. 3.Ordinance/Public Hearing: The ordinance was read, by title, by the Village Clerk adopting amendments to the Coastal Management element of the Comprehensive Master Plan pursuant to the agreement between Bai Harbour Village and the Florida Department of Community Affairs. Mayor ?i g then proceeded to open the Public Hearing for comments. Michael :Miller addressed the Council and expla the Village s EAR Bused Amendments were adopted by the Village on March IS, 1997 and found in compliance by DCA on May S, L997 except for certain Goals, Objectives and Policies related to Post Disaste— Redevelopment after ti_rricanes and major storms. e i;O7t'iilued IO explain he has worked with DCA staff .'!'.'. n1':.i(:_s> the i=,agce Attorneys office to l:-r are such verbic Regular Council Meeting 12/16/97 1'78 Essentially, what is stated is that should some: major catastrophe occur, the Village would want to build back in Virtually the stifle fashion that exists today. Also, added iiingLiage concerning vested lights and pri"v°ate properly rights. There being n0 ftkrther conhx'"sients, Mayor Spiegel then proct;,:.led to close the I:+Ijvl iL Nearing. A motion was offered by Councilman Tantief and seconded b Assistant .Mayor Hirschi to enact this ordinance. The n10t.i011 carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirschi aye; Councilman Boggess absent; Councilman GorSoli aye; Councilman Tantleft aye; thus becoming ORDINANCE. NO. 429 AN ORDINANCE Oy BAL HARBOUR VILLAGE, FLORIDA, ADOPTING AMENDMENTS TO THE COASTAL MANAGEMENT ELEMENT OF THE BAL HARBOUR V I Li!AGE COMPREHENSIVE MASTER PLAN PURSUANT TO THE. AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND THE. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA"); DIRECTING 'TRANSMITTALS OF THIS ORDINANCE TO AFFECTED AGENCIES; PROVIDING FOR SEVL-RABILI'TY, INCLUSION IN 'lt'•E COMPREHENSIVE MASTER PLAN, AND AN EFFECTIVE DATE. 3. ORDINANCE FIRST READING/CONTINUATION QUASI JUDICIAL HEARING: The ordinance was read, by title. '':71` the Village for rezoning from "PC" Private Club zoning to the "CF r,°C::t.:i:i Of the "Beach club Site'. Mr. Helfman explained this is a contrI?tf:.i':i}n of an Bari er pt:7i:. hearing He then proceeded tO request anybody who's ,g ins_; to testify today Or spear on this item needs -to be `_,worn in. fne Viliagc C lefk then proceeded to sweat" in the people who would be giving testimony. Mayor Spiegel then proceeded to open the public hearing for comments. Clifford Schulman, Of the firm Greenberg Traurig i221. !irickeli Avenue, explained he represent_ the applicant, He explained he will try not t0 be repetitious other than try to summarize what took place at the last hearing. He then proceeded to introduce the following people who Were with him today, which are as follows; Harvey Sasso, Coastal Systems s.te'national Bruce Chatterington, _'fanner Henry Von Bred , Transportation Anaiysrs David Dabney, Real Estate Appraiser Regular Council Meetino 12/16/97 1'79 Mr. Dabney addressed the Council and stated private club are undergoing major demographic and economic charges when they're Just generally not feasible anymore. He then proceeded to name several clubs having problems, such as The Bath Club, The Surf Club, 'afar-a- Lago, Fisher island Club. John Shubin asked Mr. Dabney if he reviewed the financial information relates to the clubs. Mr. Dabney replied he did review the information. Mf. Shubin addressed the Council and explained he is the attorney representing the interests of a number of residents in Bal Harbour. He then proceeded to read into the record the following names: Nina and Douglas Rudolph Gina and Howard Berlin Lewis and Deanne Elias Charles and Joan Brown David and Alison Levin Edward and Karen Needle Philip Porticiero Lucille Roberge Leo and Joni Blac:har Pearl Friedland Rick and Belinda '.uckerman Adam and Janice Petrillo Thomas, We 1 s t ead William and Lisa McCue Mr. Shubin stated that a memorandum from Mr. Planner, supports the denial of tbe rezoning. 1h L that Master Comprehensive Plan allows the zoning_, does not compel it. He further statcc issue W:l f:t lie i' is there a le"cit_._'iate public l?1f11OSe to t112.i:;tai:"1 ti?°.`_ e'il.`-.".il':;_', zoning CSaSsilt:c'7.t1Un. The ple appeared and sr'oke: Dan Pail, Attorney, Bricke:l l .Avenue :Miami William Uevt, 10135 Collins Avenue Dario Moto Bal Bay Drive Alec: Epstein, 10155 Collins Av nue Sy ivia ;-colder, shaker Villas Mr. malll distributed to cuncil a copy of a petstion being circulated. There 'Belli€; no furt:?er comments. Mayor hear ir,g. Assistant Mayor Pirsehl asked the ''__ z e A.tLorne issue of what appears to o a .. i furtac ; of C)pinl open space. Regular Vl;l i ,.t _ag 1_7; 16/g tae puo ie to eiai 180 Mr. Weiss explained the Comprehensive Plan was recently amended to place a standard in the plan for the Village of 2.75 acres of open recreation space, park land, per 1,000 residents. The way the Star:; applies it is per 1,000 residents. An existing ordinance describes what kinds of lands make Up the 2.75 acres. He further 'explained the Beach Club:Site is included in the open space 2.75 acres. Therefore, if this property is rezoned Ocean Front, it would be taken, out of re-creation use, and the amount of acreage necessary to support development :in the community would fail below the accepted standard. A motion was offered by Assistant :Mayor Hirsch' and seconded by Councilman Tantteff to deny Ocean Front zoning. The motion carried with the vote as follows: '.Mayor Spiegel aye; Assistant Mayor Hirsch" aye; Councilman Boggess absent; Councilman Gorson aye; Councilman Tantleff aye. 10. James Harrison Atlantic Beach Club - Sign Request: Mr. Harrison addressed the Council and requested 'approval to install a small portable sign on the beach at the request of the Sea View Hotel. The sign would inform the hotels guests of beach lounges and umbrella charges. It was the consensus of the Council that this request be deferred clue to the numerous complaints received about Atlantic Beach Club's operation at the Sheraton, and the Village Manager to al1-•;_ a full report at next month's meeting. 11. Reports and Recommendations: Mayor and Council: None Village Attorney: done Village Manager: Discussion of Proposed Ordinance for the Regulation of Statuary, Sculpture Molding, Casting, etc. Mr. Treppeda explained the amendment applied to signs on improved single family residential property. Mr. ilelfman explained ttll`J ordinance was requested by the Council in order to limit the size and number. of Statuary, Sculpture Molding, Casting, etc. t was the consensus of the Council that this ri-dinance be piiC.ed on next months agenda for first reading. Special Master Appointment/Reappointment: Tf.i;F>ped explained pursuant to Section 2-182 of the Village Code, the Village Manager shall appoint{ and reappoint Special Masters, l� J tIbject o ratification b the Village Council. guiar Council Meeting 12/16/97 181 He further explained due to the death of Special Master Benjamin Oremiand, the Village currently has only one Special Master, Darcee Siegel. She has agreed to serve another one year term. MI. Treppeda explained following a newsletter request for resumes. he received a resume from Russell Warren Mace III. Mr. Mace has been employed by the Dade County Public Defender's Office since February 1997, and will be appointed as an Assistant Public Defender on December 15th. At this time, he requested the Council consider ratifying tilt: Village Manager's reappointment of Darcee Siegel and appointment of Russell Warren Mace III as Special Masters for the Village. A motion was offered by Assistant Mayer Hirschl and seconded by Councilman Gorson to ratify the reappointment of Darcee Siegel as Special Master. The motion carried with the vote as l'ollows: Mayor spiegel aye; Assistant Mayor Hirsch'_ aye; Councilman Boggess absent; Councilman Gorson aye: Councilman Tantieff aye. it was the consensus of the Council that Mr. Mace be piresent at next month's meeting in order for them to meet him before ratifyin an appointment as Special Master for the Village. Adopt a Class Program/Ruth K. Broad Bay Harbor Elementary School: Mr. Treppeda explained last year. the Village made a $250.00 donation to the Adopt a Class Pr6gram. The Village's sponsorship will allow teachers to purchase materials such as computer programs, books. educational aids. At this time, he requested the Council consider adopting a class for a donation of $250.00. A motion was offered by Councilman Tantieff and seconded by Assistant Mayor BTrschl to approve this donation. The motion carried with the vote as' follows: Mayor spiegel aye: Assistant Mayor Hirschl aye: Councilman Boggess absent; Councilman Gorson aye; Councilman Tantleff aye. Purchase of 4-Wheel Drive Pickup for Public Work;. Treppeda explained Mr. Wheldon has requested replaccmccIt of :he wheel drive drive truck which is used for maintonance of the beach. ift has requested a 1998 Chevrolet C25C0 3/4 Ton 4 x 4 Pickcp T:ucb. Pricing for this vehicic is from the Flortja sheriffs Association of Counties bia tnt cost cf $")5."'S9.-5. At :his tlmg, ho loquested Counci_ author ration for the purcilas;2 of 4-wrieei drive for Public Works. A motion was offesed by Assistant Mayor Hirsch' and seconded 1iy toaneilman Oorson to approve this expenditure. The motion catried with the vote as follows: Mayor Spiegcl aye, Asslsia: .uiyus Regular Council Meeting 12/16/9- 182 Councilman 1 �'.( Yl. ! t. I-Iirsch: aye; �.,tir;c:i.Llan :,�;��e�.� �:i,s;:rlt: Count i l,tla_i Tan t 1 e i= aye. hail Uti Purchase of Automatic External Defibrillator: repp .da oxplainecl. C::.ii"iP'�' thv buC'igetln=fJ..�[CCSS. fonds wei included in the curien:. `U,Z :�.l t_'e t ? ;r ,;hem purchase of Automat .._ .,,_..__ne:.. ..,_fi.). iiiato r EALJ•s, .O: the police department and one is ep at , _. iage ._:._ 11. procc d e t0 exp; i n Chief Freeman nas conducted a staff study on .'EU s. Following demonstrations from three C71IT.,rent manufactures Chief Freeman has recommended the Survivalin, ilicciel for its ease of operation. :Assistant Mayor Hirsch' asked Ch1ei Freeman if ohere wCuie be problem with the union. _ Chief Freeman replied no. At this time, he requested Council approval for the turcliase of 5 S1_.rvii-alink Automatic Ex ernal Defibrillators at a cost. f $1:,975.00. .A motilin was offered by Assistant Mayor Hirsand seconded ✓`_ Councilman Go son to approve this purchase. The motion carried with the vote as follows: Mayor Spiegel ay'Assistant Mayor i-iirschl aye; Councilman Boggess absent; Councilman Gorsor; aye; Councilman Tantleff aye. Fourth of July Fireworks Display: `-Er. Treppedl explained currentbudgeted for the Fourth of July display is $20,000.00 ... he Resort t Fund. He continued ed lexpi it y remitting t a_ :..e� i Tax l _ln... L. � deposit by December 31, 1997, the Village be entitled C' receive more f_reworb_s as a bonus. At th ti[:le, he requested Council_ alit horize the Village Mal;ages.ti' enter into an agreement with Lambelli Internationale to produce the Village's Fourth of Ju.v fireworks display. Alsii0 approve the 'P, i 7. _ 9 r n d e7pendi to"°'r% of 5i):c <1e17US 1 i Clf�"�`�l r 1 }O. i� lly 1,2e-;:t'.muer i e i. . 24 '- _!'e remainder of $3.100.00 after tlir- firewoi'..`.`, display. A motion was offered by _lnci iman Gorson and seconded Uy _.ounc_i:?an Tantleff to authorize the. Village Manager to enter into an agreement and approve li the expenditure. .e motion carried with ` the vote as follows: Mayor Spiegel aye; Assistant Mayor Hir:>chl ave: Councilman Boggess absent; Councilman Gorson ye; CC1unc?.toan Cur. t l : f :r aye. Recommendation of Resort Tax Committee - Payment of subsidy for Passaporte Program: Mr. Treppreda explained. :he total cost for printing and production o; the :':.S`_,a,^.L_ __ coupon book was $50,742.'3. The Sheraton has collected $4i,250.30 from participating vendors. t.iis .eat', a balance of $9,497. 2_ . 'Reguiar Council Mee,: 12 183 Mr. Treppeda stated Mr. r'inc asked him to sce if the Council would be in favor of having Surfside vendors participate in the program. It was the consensus of the Council this program should be for Bal Harbour vendors only. At this time, Mr. Treppeda requested Council approve :he payment of $9,492.23 as the subsidy for the Passaporte. which is produced for the Resort Tax Committee by the Sheraton Bal Harbour. A motion was offered by Assistant Mayor Hirsch' and seconded h:v Councilman Tantieff to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch' aye; Councilman Boggess absent: Councilman Gorson aye; Councilman Tantieff aye. Annual General Employee Performance Bonuses: Mr, Treppeda explained General Employees of the Villaae are entitled to receive an annual bonus based upon their job performAce throunahoat the year. He further explained they are evaluated cm attendance, demeanor, work performance, and dependability. The averatle ef all performance bonus ratings for 1997 is 3.04?-:- The trOINt to the Village is $30,332.76. This in all eneral Employees except for the Village Manager and Village Clock. At this tiMe. he requested Council approve this expenditure. A motion was offered by Assistant Mayor Hirsch' and° seconded by Councilman Tantleff to approve this expenditure. The motion cartried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Hirsch' aye; Councilman Boaaess absent; Councilman Oorson aye; Councilman Tantieff aye. A motion was offered by Assistant Mayor Hirsch' and seeondea Councilman Tahtleff that the Villaae Manager and Village t.ler"' be given a performance bonus. The motion carried with the vote ns follows: MdyOr Spiegel aye; Assisaaht Aayol. HZrsehl aye; Councilman Boggess absent; Councilman Gorson aye: conacilman Tant.eff aye. 12. Other Business: Assistant Mayor oxplained 0: of his pa:ients was laokin puicnse a ,...undo tht! conai documents has a clause that they can aon:.-oi't 1.3 an »J.l.t Livina Facility ho proceudc:C. :o the Villaae AttGinoy if this is ,posslb. Mr. jif:man can J:caulat.o ALF y guicl€:1....s or prohiltinfa them. will rc'vi,..:w Villaaa and see if :nis is allowed currently. Mayor Spiegel asked if a memorandem be sent to :he Coun,el. refezence to :he Christmas icrenea. Treppeda replied yes. Mr. Treppeda explained today he 1:zceived the Emergency Medical Ser\ices Matching Grant Adplications. These .J:i-an]i Reguiar Council V.ecting 12/16/9- ILS4 75Y7 payment far.emergencv service ecluipment such as defibrillatc. He asked the Council if they wished to delay the oarchase of tin, 5 defibrillators because of this grant. The deadline for the appiications is February 20, ii)9S. Yt was the consensus of tin' Council not to deiay the purc(;ase. Mr. Truppcda advised the Council the Village will receive S150,000 over a three year period for two police officer positions. This grant is provided by the Federal Justice Department. Mr. Treppeda informed the Council he was advised that renourishment should begin around January 20th. Assistant :Mayor Hirsch' asked Mr. Treppeda if he has contacted the lighting consultant for the street light project. )1r. Treppeda replied he will have a report at next months meeting. 13. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Tantleff seconded by Assistant Mayor Hirsch). to adjourn. The motiTn carried unanimously (4-0), with Councilman 3oggess absent, and the meeting adjourned at 6:45 p.m. Attest: eariPtti, Horton. CNC/AAE ' Village Clerk Fh,:gular Council 1:/16/97