HomeMy Public PortalAbout1999-11-16 Regular Meeting1°74
COUNCIL MINUTES
REGULAR MEETING - NOVEMBER 16, 1999
The Regular Meeting of the Bal Harbour Village Council wa held on
Tuesday, November 16, 1999, at Bay Harbor Town Hall (9665 Bay
Harbor Terrace). The meeting was called to order at 3:04 p.m. by
Mayor Hirschl. Those present were:
Mayor Andrew R. Hirschl
Assistant Mayor Daniel S. Tantleff
Councilman Peg E. Gorson
Councilman Seymour Roth
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Wright, Deputy Village Clerk
Richard J. Weiss, Village Attorney
Dan Weiss, Village Attorney
Absent: Councilman James E. Boggess
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was led
by Carter McDowell.
At this time the Village Clerk read into the record a statement
received from Councilman Boggess.
As you know, I have served on the Village
Council since April 1987. During this time, I
have participated in some of the most
difficult and important votes of the Village
Council.
I have been meticulous about not participating
in voting where I had a conflict of interest
and feel very comfortable that I have lived up
to both the letter and spirit of the voting
conflict laws. I have done this because I was
required to do this by law, but also because
it is the way I conduct myself personally and
in business.
After much soul-searching, I have determined
that I will not participate in votes relating
to the pending Rudolph lawsuit or the rezoning
of the Bal Harbour Beach Club property. I
have made this decision, as I have made
decisions as a Council member, because I
believe it is in the best interests of the
Village.
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At the time that I voted to approve the 1988
amendment to the Comprehensive Plan, the
matter was frankly routine; it was recommended
by both our outside consultants and by our
staff. Included in that vote were millions of
dollars of capital improvements, beach
restoration, and the Beach Club amendment,
among others.
Even in retrospect, I feel comfortable about
my vote on those amendments. However, from
the discussion at the last Council meeting, it
is obvious to me that, even though I believe
that the Court will rule that my vote was
proper, my fellow Council members will
continue to feel that my participation in the
process and in upcoming votes relating to the
Club taint the process.
Perhaps this is and issue more of perception,
rather than reality.
In order to avoid any perceived taint on votes
relating to the Beach Club property, and in
particular today's vote, I will not attend
today's meeting.
My absence should not be construed as my
having any second thoughts or concerns about
my previous votes, but as an indication of my
respect for the other Council members and
their views.
3. Approval of Minutes:
A motion was offered by Councilman Roth and seconded by Councilman
Gorson to approve the minutes of the October 13, 1999, Special
Council Meeting. The motion carried unanimously (4-0) with
Councilman Boggess absent, and the minutes were approved as
submitted.
A motion was offered by Councilman Roth and seconded by Councilman
Gorson to approve the minutes of the October 18, 1999, Special
Council Meeting. The motion carried unanimously (4-0), with
Councilman Boggess absent, and the minutes were approved as
submitted.
A motion was offered by Councilman Roth and seconded by Assistant
Mayor Tantleff to approve the minutes of the October 19, 1999,
Regular Council Meeting. The motion carried unanimously (4-0),
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176
with Councilman Boggess absent, and the minutes were approved as
submitted.
4. Presentations - Officer of the Month: None
5. Public Hearings: None
6. Ordinances Second Reading/Public Hearings:
An Ordinance was read by title, on the continuation of the second
reading and public hearing, by the Village Clerk, providing for the
e Club District
the "OF" Ocean
rezoning
Zoning District. MayortHirschl opened the opublic hearing.
The following people were sworn in by the Village Clerk, and gave
testimony for the rezoning.
Carter McDowell, Attorney for Bal Harbour Club
Clifford Shuman, Attorney for AVA
The following people were sworn in by the Village Clerk, and gave
testimony against the rezoning.
Douglas Rudolph, 212 Bal Bay Drive
Skip Taylor, Attorney for Douglas Rudolph
Sandi Hirsch, 10205 Collins Avenue
Joel Weinstein, 10185 Collins Avenue
Ruth Karp, 44/74 Bal Bay Drive
Pat Tumpson, 101B5 Collins Avenue
Lucille Roberge, 165 Biscay Drive
Priscilla Whitehead, Collins Avenue
Stephen Scheinman, 234 Bal Cross Drive
At this time, Mayor Hirschl closed the public hearing. Council
discussion followed as to the evidence presented and in their
opinion the Comprehensive Plan was tainted.
A motion was offered by Assistant Mayor Tantleff and seconded by
Councilman Gorson to deny the rezoning, The motion carried with
the vote as follows: Mayor Hirschl aye; Assistant Mayor Tantleff
aye; Councilman Gorson aye; Councilman Roth aye; Councilman Bogges
absent.
An Ordinance was read by title, by the Village Clerk, amending
Sectiof the Villa
e Coe. Mayor
ned the
publicnhearing. 5.5-16 oThere being n o comHirschl
ments Mayor Hirschl closed the
public hearing.
A motion was offered by Assistant Mayor Tantleff and seconded by
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Councilman Roth to enact this ordinance amending Section 5.5-16 of
the Village Code. The motion carried with the vote as follows:
Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Gorson
aye; Councilman Roth aye; Councilman Boggess absent. Thus
becoming;
Ordinance No. 446
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA,
AMENDING SECTION 5.5-16 OF THE VILLAGE CODE;
PROVIDING FOR AN APPEAL TO THE VILLAGE COUNCIL
BY THE BUILDING OFFICIAL OF DECISIONS OF THE
ARCHITECTURAL REVIEW BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
An ordinance was read by title,
Chapter 13 of the Village Code.
hearing. There being no comments
hearing.
by the Village Clerk, amending
Mayor Hirschl opened the public
, Mayor Hirschl closed the public
A motion was offered by Assistant Mayor Tantleff and seconded by
Councilman Roth to enact this ordinance amending Chapter 13 of the
Village Code. The motion carried with the vote as follows: Mayor
Hirschl aye; Assistant Mayor Tantleff aye; Councilman Gorson aye;
Councilman Roth aye; Councilman Boggess absent. Thus becoming:
Regular
ORDINANCE NO. 447
AN ORDINANCE AMENDING CHAPTER 13 OF THE
VILLAGE OF BAL HARBOUR CODE OF ORDINANCES BY
PROVIDING FOR INCLUSION BY REFERENCE OF
COMPENSATION LIMITS PROVIDED IN THE INTERNAL
REVENUE CODE; PROVIDING FOR COMPLIANCE WITH
FEDERAL LAW FOR REEMPLOYMENT OF EMPLOYEES
RETURNING FROM MILITARY SERVICE; PROVIDING FOR
DELETION OF UNDEFINED TERMS SEVERANCE AND
SETTLEMENT TIME; PROVIDING FOR THE DELETION OF
ALL REFERENCES TO POLICE OFFICERS AND CHAPTER
185, FLORIDA STATUTES; PROVIDING FOR WORD
CHANGE TO CONTINUOUS; PROVIDING FOR
CLARIFICATION OF CALCULATION FORMULA FOR
CONTINUOUS EMPLOYMENT; PROVIDING FOR
CLARIFICATION OF DEADLINE FOR ELECTING
OPTIONAL FORM OF BENEFIT; PROVIDING FOR
CLARIFICATION OF RETIREMENT BOARD
RESPONSIBILITY AS TO DISABILITY BENEFITS;
PROVIDING FOR INCORPORATION BY REFERENCE OF
STATE LAW AS TO FORFEITURE OF RETIREMENT
BENEFITS; PROVIDING FOR COMPLIANCE WITH
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INTERNAL REVENUE CODE FOR VILLAGE PICK-UP OF
EMPLOYEE CONTRIBUTIONS; PROVIDING FOR PAYMENT
OF ADMINISTRATIVE EXPENSES BY THE RETIREMENT
BOARD; PROVIDING FOR RETIREMENT BOARD
RESPONSIBILITY FOR INVESTMENT POLICY AND MONEY
MANAGERS; PROVIDING FOR BIENNIALLY
DISTRIBUTION OF SUMMARY PLAN DESCRIPTIONS;
PROVIDING FOR EXPANSION OF DEFINITION FOR
FIDUCIARY RESPONSIBILITY; PROVIDING FOR
DELETION OF SECTION ON HIGHLY PAID EMPLOYEE
DISCRIMINATION ON TERMINATION AS INTERNAL
REVENUE CODE EXEMPTS GOVERNMENTAL PLANS FROM
REQUIREMENT; PROVIDING FOR DELETION OF
REDUNDANT SECTION ON TIME LIMIT ON DEPOSITS;
PROVIDING FOR INCLUSION OF APPEAL PROCEDURE IN
NOTICE OF CLAIM DENIAL; PROVIDING FOR DELETION
OF SECTION ON LEASED EMPLOYEES; PROVIDING FOR
A SEPARATE POLICE OFFICER PENSION PLAN IN
COMPLIANCE WITH CHAPTER 185, FLORIDA STATUTES;
PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION AND PROVIDING FOR
AN EFFECTIVE DATE.
7. Resolutions:
The resolution was read by title, by the Village Clerk, endorsing
the effort to locate a new baseball stadium in Miami.
A motion was offered by Councilman Roth and seconded by Assistant
Mayor Tantleff to adopt this resolution. The motion carried
unanimously (4-0) with Councilman Boggess absent. Thus becoming:
RESOLUTION NO. 600
A RESOLUTION OF THE MAYOR AND THE VILLAGE
COUNCIL OF THE VILLAGE OF BAL HARBOUR,
FLORIDA, ENDORSES THE EFFORT TO LOCATE A NEW
BASEBALL STADIUM IN MIAMI.
The resolution was read by title, by the Village Clerk, urging
implement of the 1989 congressional act introduced by congressman
Fascel.
A motion was offered by Councilman Roth and seconded by Assistant
Mayor Tantleff to adopt this resolution. The motion carried
unanimously (4-0) with Councilman Boggess absent. Thus becoming:
RESOLUTION NO. 601
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179
A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL
OF THE VILLAGE OF BAL HARBOUR, FLORIDA,
STRONGLY URGING THE UNITED STATES CONGRESS,
THE UNITED STATES DEPARTMENT OF INTERIOR, THE
ARMY CORPS OF ENGINEERS, THE FLORIDA
LEGISLATURE, AND THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT TO IMMEDIATELY IMPLEMENT
THE 1989 CONGRESSIONAL ACT INTRODUCED BY
CONGRESSMAN DANTE FASCEL TO PROVIDE FOR
MODIFIED WATER DELIVERIES AND TO INSTRUCT THE
ARMY CORPS OF ENGINEERS TO AMEND ITS
EXPERIMENTAL WATER DELIVERIES CRITERIA FOR A
LOWER GROUND WATER TABLE TO BE MAINTAINED BY
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO
AVOID FUTURE FLOODING.
8. Reports and Recommendations:
A. Mayor and Council:
Assistant Mayor Tantleff thanked Councilman Roth for joining him in
attending the Miami Dade County League of Cities meeting.
Also, he reported that from 4:00 p.m. to 6:00 p.m. he will be with
representatives from DOT on 96th Street. They will be observing the
traffic problems the right turn only has caused, as well as the
problems caused by the barrier.
Councilman Gorson stated needs to set a date for the dedication of
Village Hall. Mayor Hirschl suggested she get with Village Manager
Treppeda and set the date.
Mayor Hirschl asked Mr.Treppeda what is happening on the Drainage
System in the residential district. Mr. Treppeda replied Craig A.
Smith & Associates has one final test to perform and when he
receives the results will advise the Council. Mayor Hirschl
questioned when can the Village have legal involvement. Mr. Weiss
replied anytime the Council desires. Mr. Treppedda stated that if
there is nothing concrete by the next Council meeting he would
recommend doing something harsh.
B. Village Attorney:
Mr. Weiss reported distributed to the Council on booklet on the
1988 amendments to the Comprehensive Plan. The information that
was included in the booklet was as follows:
Ordinance No. 325, Adopting the Comprehensive Plan amendments
Dated December 6, 1988
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Council Minutes of December
Council Minutes of June 21,
A motion was offered by Counc
Councilman Roth that Mr. Treppeda
amending the plan. The motion
Councilman Boggess absent.
C. Village Manager:
6, 1999 - Special Meeting
1988 - Regular Meeting
ilman Gorson and seconded by
contact Mike Miller to work on
carried unanimously (4-0) with
Update on Beach Master Plan - Harvey Sasso Coastal
Systems International
Mr. Sasso address the Council and distributed a copy of the Summary
of Costs for Engineering, Landscape Architecture and Permitting
Services for the project. He then explained that the fees were
underestimated for the project. He continued to explained the
correct amount for the project is $145,600.00 plus $13,900.00
estimated reimbursable expenses for a total of $159,500.00.
At this time Mr. Treppeda requested the Council consider the
approval of the estimated design and engineering fees for the Beach
master Plan in the amount of $159,500.00.
Council discussion
submitted in the
original fees were
followed as to why the additional costs was
original proposal. Mr. Sasso explained
underestimate.
A motion was offered by Councilman Roth and
Gorson to approve the additional funds of
carried (3-0) with Mayor Hirschl voting nay
absent.
not
the
seconded by Councilman
$159,500. The motion
and Councilman Boggess
Update on Park - Bradshaw Gill & Associates:
Elaine Hom of Bradshaw Gill & Associates addressed the Council and
explained the revised conceptual plan for the park project.
A motion was offered by Councilman Roth and seconded by Councilman
Gorson to approve the revised conceptual plan. The motion carried
unanimously (4-0) with Councilman Boggess absent.
Discussion of 96th Street Landscaping - Bradshaw Gill
and Associates:
Gill and Associates explain the scope of
landscaping project. She explained there
on their part as to whether they were to
the 96th Street median only or to include
Elaine Hom of Bradshaw
work on the 96th Street
was a misunderstanding
design landscaping for
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the north and south sides of 96th Street as well. At this time,
she requested clarification from the Council if the conceptual
plans are to include the areas of north and south of the roadway.
It was the consensus of the Council that the conceptual plans
should include all of 96th Street.
Approval of Change Orders 2 & 3 for Water Tank Demolition
Project:
Mr. Treppeda explained that Intrastate Construction Corporation was
asked by the Village to replace a 16" butterfly value and four 8"
gate values while the area was excavated for the rerouting of water
pipes. As well as, replacing an old valve at Bal Bay Drive and Park
Drive that was stuck in the open position.
At this time, he requested Council considered approving Change
Orders 2 & 3 in the amount of $14,013.59.
A motion was offered by Assistant Mayor Tantleff and seconded by
Councilman Roth to approve this expenditure. The motion carried
unanimously (4-0) with Councilman Boggess absent.
Resort Tax Committee Recommendations:
Mr. Treppeda explained at their meeting on Wednesday, November 10,
1999, the Committee made the following recommendations to the
Council.
Editing of Project Newborn Video at a cost of $300.00
Virgin Atlantic Sales Operators Lunch & Shopping FAM
at a cost of up to $500.00
Subject to funding, change date palm light transformers
and bulbs from 100 watt to 150 watt
A motion was offered by Assistant Mayor Tantleff and seconded by
Councilman Roth to approve the expenditures for all the item and
Mr. Treppeda to obtain the cost for item 3. The motion carried
unanimously (4-0) with Councilman Boggess absent.
9. Other Business:
Mr. Treppeda requested Council approval to have C. A. P. submit a
proposal for the construction documents, project management, and
putting the park project out to bid. It was the consensus of the
Council to approve Me. Treppeda request.
10. Adiourn:
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the north and south sides of 96th Street as well. At this time
she requested clarification from the Council if the concepti•1
plans are to include the areas of north and south of the road ay.
It was t e consensus of the Council that the conceptual plans
should inude all of 96th Street.
AD royal of Change Orders 2 & 3 for Water Tank
Pro ct:
Mr. Treppeda exp
asked by the Vill
gate values while t
pipes. As well as, re
Drive that was stuck i
molition
ined that Intrastate Construction C. poration was
e to replace a 16" butterfly va e and four 8"
area was excavated for the r outing of water
lacing an old valve at Bal :_y Drive and Park
the open position.
At this time, he request d Council conside.ed approving Change
Orders 2 & 3 in the amount .f $14,013.59.
A motion was offered by Assistant Mayor =ntleff and seconded by
Councilman Roth to approve thi• expendi re. The motion carried
unanimously (4-0) with Councilma, Bogge-s absent.
Resort Tax Committee Rec
Mr. Treppeda explained at their me
1999, the Committee made the f
Council.
endations:
i on Wednesday, November 10,
llow g recommendations to the
Editing of Project Newb. n Video at a cost of $300.00
Virgin Atlantic Sales Operators Lunch & Shopping FAM
at a cost of up to $:00.00
Subject to fundin
and bulbs from 1
A motion was offer
Councilman Roth t
Mr. Treppeda to
unanimousl 4
, change date palm light ransformers
watt to 150 watt
by Assistant Mayor Tantleff a d seconded by
approve the expenditures for all .he item, and
tain the cost for item 3. The mo on carried
with Councilman Bo••ess absent
9. Ot -r Business:
Mr. Trepp-4a requested Council approval to have C. A. P. su• it a
proposal or the construction documents, project management, and
putting the park project out to bid. It was the consensus of he
Council to approve Me. Treppeda request.
10. Adiourn:
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183
There being no further business to come before the Council, a
motion was offered by Councilman Gorson and seconded by Councilman
Roth to adiourn. The motion carried unanimously (4-0) with
Councilman Boggess absent, and the meeting adjourned at 6:10 p.m.
ayor Andrew R. Hirsch
Attest:
eanette Horton, CMC/AAE
Village Clerk
Regular Council Meeting 11/16/99
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