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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. 175 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), Regular Council Meeting 11/16/99 2 176 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 Regular Council Meeting 11/16/99 3 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 Council Meeting 11/16/99 4 178 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 Regular Council Meeting 11/16/99 5 179 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 Regular Council Meeting 11/16/99 6 180 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 Regular Council Meeting 11/16/99 7 1N1 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: Regular Council Meeting 11/16/99 8 1N2 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: Regular Council Meeting 11/16/99 8 183 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 9