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
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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
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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
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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.
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tae puo ie
to eiai
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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.
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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
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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