HomeMy Public PortalAbout1994-03-15 Regular MeetingCOUNCIL. MINUTES
REGULAR MEETING - MARCH 15, 1994
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, March 15, 1994, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.m.
by Mayor Spiegel. The roll was callers and those present were:
Mayor Estelle. Spiegel
Assistant Mayor Matthew B. Blank
Councilman James F. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also present:
Carole Sherouse Morris. Village Manager
Jeanette Horton, Village Clerk
Richard J. Weiss, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
2 4Aaproval of Minutes: A motion was offered by
Councilman Hirschl and .seconded by Councilman Taplin to approve the
minutes of the February S. 1994, Special Meeting. There being no
changes or additions, the motion carried unanimously (5-0), and the
minutes were approved as submitted.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to approve the minutes of the February 15, 1994,
Regular Meeting. There being no changes or additions. the motion
carried unanimously (5-0), and the minutes were approved as
submitted.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to approve the minutes of the February 16, 1994,
Joint Meeting. There being no changes or additions, the motion
carried unanimously (5-0), and the minutes were approved as
submitted.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to approve the minutes of the February 24,
1994, Special Meeting. There being no changes or additions, the
motion carried unanimously (5-0), and the minutes were approved as
submitted.
3. Presentations:
a) Proclamation -Save your Vision Month:
Dr.Fdwatd Boshnick was not present. therefore the Council proceeded
to the next presentation.
Regular Council Meeting 3/15/94
b) Officer of the Month - Kenneth Klingman: Chief
Treppeda read from his memo. the accomplishments of Officer of the
Month for January 1994. Officer Kenneth Klingman. Officer Klingman
was presented with a plaque, and a check in the amount of $100 from
the Village.
c) Officer of the Year - Larry Freeman: Chief
Treppeda read from his memo the accomplishments of Officer of the
Year Detective Larry Freeman. Detective Freeman was presented with
$500 Savings Bond and a plaque from the Village. General Manager
Joseph Terzi of the Sheraton Balllarbour and Security Director Jack
Wichmann of the Bal Harbour Shops, presented Detective Freeman with
tokens of appreciation from the Sheraton and Shops respectively.
4. Public Hearings: The Village Clerk advised the Council
that the owner of property located at Lot 22, Block 3 of the
Residential Section of Ba1 Harbour, more commonly known as 172
Camden Drive, is seeking a variance of Section 21-127 to correct an
existing encroachment into the rear setback. Mayor Spiegel then
opened the Public Hearing.
Mrs. Morris explained the screen enclosure around the pool was
damaged in Hurricane Andrew. She further explained due to the
changes in the code, to reconstruct the enclosure at this time
would make it a non -conforming use. The applicant is requesting to
reconstruct the screen enclosure, which will encroach one side into
the rear setback.
Mr. Petrillo, 172 Camden Drive, addressed the Council and explained
he is seeking to replace what was existing before the Hurricane.
He further explained the original structure was built in 1959. He
continued to explain he has discussed this matter with his
neighbor, Mr. Whitman. Who was concerned about the height of the
structure, and maintaining the back of his hedge. Mr. Petrillo
explained he will give Mr. Whitman a letter to permit him to
maintain the hedge.
Mr. Whitman, 182 Bal Bay Drive, addressed the Council and explained
his concerns. He requested that the Council incorporate into the
granting of the variance subject to him being granted an easement
maintenance agreement.
Discussion followed in reference to a condition that the owner
enter into an easement maintenance agreement with Mr. Whitman.
There being no further discussion Mayor Spiegel closed the Public
Hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl that the variance be granted with the condition
that the owner must enter into a maintenance easement agreement
with Mr. Whitman. The motion carried unanimously, with the vote as
follows: Mayor Spiegel aye: Assistant Mayor Blank aye; Councilman
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I '1rt
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye.
Mr. Petrillo was informed he should have the agreement drafted and
submit it to the Village to see that it compiles with the
Resolution.
5. Ordinance - Second Reading/Public Hearing_ None
b. Ordinance - First Reading: None
Resolutions: None
8. Reports and Recommendations:
A. Mayor and Council: None
B. Village Attorney_ None
Vi 1_Lti e Managgr _.
1. Authorization to Proceed with Noise and Traffic
Studies Relating to Amphitheater Noise Studies: Mrs. Morris read
from a letter from Mr. Wolpin. City Attorney of North Miami, in
which he invited the Council to join Dr. Bragdon on the field trip
to Dallas, Texas, to visit the amphitheater located there.
Discussion followed as to who would be able to attend. Mrs. Morris
advised the Council this matter could be decided at a later date.
Mrs. Morris explained she has received a proposal from Dr. Dunn for
completion of a noise study for use relative to the Amphitheater
lawsuit. The total estimated cost is $24.970, however this fee is
tentative since Dr. Dunn cannot foresee the amount of time which
may be required for trial and depositions. She further explained
similarly the proposals from Barton -Aschman Associates, Inc. and
Keith and Schnars for costs associated with the traffic studies.
Councilman Hirschl stated in his opinion it is in the best interest
of the Village to first meet in executive session. He further
stated if necessary, call a special meeting to vote on this funding
of this expenditure.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to defer this item. The motion carried
unanimously (5-0), with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye.
2. Architectural Services Request for Proposals: Mrs.
Morris reported that the Village recently issued Request for
Proposals for Architectural services pursuant to Section 287.055(4)
Competitive Selection. The scope of work includes survey and
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l 2r
recommendations relative to accessibility of the Village Ha11
building. She then proceeded to name the firms that responded, and
the following firms are recommended for further consideration:
Gili-McGraw Architects, Carr Smith Associates. Joseph Middlebrooks
& Associates and Hermetic), Ajamil & Partners. Mrs. Morris
explained the procedure according to the Competitive Selection
Statute. At this time, she requested the Council's direction. If
they desire to hear the presentations of these firms, or the
Village staff can proceed with ranking and enter negotiations
relative to an appropriate agreement. Mrs. Morris was directed by
the Council to have a staff committee meet and review the proposals
from the architect. Mr. Weiss explained the staff will rank the
firms and then present a rank list to the Council. Then the Council
would approve and authorize the staff to negotiate with the top
ranked firm.
3. Sign Permit Request: Mrs. Morris explained the
Council's approval is requested by the Sheraton Bal Harbour to
construct an entrance sign. She further explained currently there
is no provision in the Code, which permits construction of this
type of sign.
Mr. Terzi, General Manager of the Sheraton Bal Harbour, explained
traveling North the motorist is unable to see the existing front
entrance sign. He further explained the design and materials to be
used in the construction.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Hirschl to grant the Sheraton Bal Harbour request for
approval to construct a new entrance sign. The motion carried
unanimously (5-0), with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye: Councilman Boggess aye: Councilman
Hirschl aye: Councilman Taplin aye.
5. Resort Tax Budget: Mrs. Morris displayed the new
cover for the press kit that will be used for Latin America and
Domestic programs. She further explained the Resort Tax Budget was
deferred from the February meeting.
Mr. Leshanksy, Greenstone Roberts Advertising, proceeded to
introduce Mr. Rene Guim, of the firm Key Promotion and Marketing
Group, the General Sales Agent group representing the Village in
Latin America. He further explained the reasons for additional
revenue to be placed into the budget is for an aggressive marketing
program in Latin America. He then proceeded to explain with the
diminishing Domestic and European tourists, the Latin American
tourist has bolstered tourism in this area. He explained the
research for the statistics on arrivals was done by the Greater
Miami Conventions and Visitors Bureau. Therefore, this research
has shown that Latin American visitors represents the greatest
potential, and they spend more per capita. Mr. Leshansky stated
that if the Village does not pursue the Latin American tourist the
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Village can expect a S200.00 short fall in Resort tax Revenue.
Assistant Mayor Blank questioned the annual agency fee. and on what
was the fee based. Mr. Leshansky replied if the program in Latin
America is implemented. it would be reasonable to expect an
increase in tourism from that market. Therefore, that would off
set the decline in the Resort Tax Revenue. He further explained
the fee is based upon the total amount of work and expenditure that
is planed for the year. Mr. Leshansky stated that to proceed with
the Latin American program the budget was increased by $300,000.
Mr. Guim addressed the Council and referred to an article in the
Miami Herald on March 5, 1994. The article, blamed fear for slower
tourist season, clearly defines what is the tourism picture at
this time. The article also stated that Latin American visitors'
consistency boost the local tourism figures. Mr. Guin exhibited
a cover of the publication Via San Pablo, and explained the type of
publication. He further explained the cover photo was taken at the
Sea View Hotel. He then proceeded to give the statistics from a
report by the Greater Miami Convention & Visitors Bureau, which
gives the primary markets of visitors and the amount of dollars
spent.
Councilman Hirschl stated that the Council has recognized that
there is Domestic and European difficulties in attracting people to
this area. He further stated funds have been allocated in advance
to Key Promotion and Marketing Group to proceed with the Latin
American program. He continued to explain some members of the
Resort Tax Committee have some concerns regarding the increase in
the budget. They have requested the budget be reviewed in
Committee and then bring it back to the Council for approval.
Therefore, he requested this item be deferred until the next
Council meeting.
Councilman Boggess questioned if the funds are allocated for the
Fashion Show in Buenos Aires. Mrs. Morris explain funds have been
allocated for the scouting trip. She further stated the total cost
is a budget of approximately $75,000. American Airlines is
contributing air fare, an anticipated contribution from American
Express should bring the cost down to approximately $30,000. She
further stated the show is scheduled for April 20, which is before
the next Council meeting. Councilman Boggess suggested a joint
meeting of the Council and Resort Tax Committee be held to receive
the report on the scouting trip and discuss funding this event.
Councilman Hirschl questioned if at this time should the Council
address the issue of the one cent Resort Tax . It was the
consensus of the Council Co defer this discussion until the next
meeting.
5. Civic Association Request: Mr. Olsen. President of
the Civic Association addressed the Council and requested the Code
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5
be amended, Chapter 19 Section 4. He explained the current Code
does not prevent or eliminate the parking of trucks on the streets
in the residential area.
Discussion followed and Mr. Weiss was directed to have fof the next
Council meeting other City Codes pertaining to the parking of
trucks.
Mr. Olsen questioned what happened to the proposed Ordinance
allowing tennis courts in the residential area. Mrs. Morris
replied the ordinance was prepared by Mr. Weiss. She further
explained this was a zoning issue and requires costly advertising.
The decision was made to hold this ordinance for further zoning
issues. She continued to explain she is working on the other
zoning issues that are pending.
9. Other Business: Charles Brown, 268 Bal Bay Drive.
stated he doesn't think the Dallas, Texas trip is necessary. He
stated at this time he would like to discuss the Amphitheater.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to add discussion of the Amphitheater to the
agenda. The motion carried unanimously (5-0), with the vote as
follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye.
Discussion of the Amphitheater:
Dr. Hastings addressed the Council and recommended that Mr. Olsen
or Mr. Sheil be appointed special Council on this issue.
Discussion followed. It was the consensus of the Council to
discuss this matter at the executive session.
Mr.Ted Sheil stated he feels the Council should have a special
Council, if the Village decided to dispense with the services of
Holland & Knight.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to suspend the meeting. The motion carried
unanimously (5-0), with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin, and the meeting was suspended at
11:08 a.m.
Mayor Spiegel reconvened the meeting at 11:17 a.m.
10. Executive Session: Mayor Spiegel explained the purpose
of this session is to discuss the litigation of Case #94-00623
Village of Bal Harbour v. City of North Miami. The following
people were present for this session:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
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Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Carole Sherouse Morris, Village manager
Reeder Glass, Attorney Holland & Knight
Susan Delegal. Attorney Holland & Knight
Roma W. Theus, Attorney Holland & Knight
At this time the Executive Session was convened and the Village
Clerk left the meeting.
At the end of the Executive Session Mayor Spiegel reconvened the
regular meeting of the Bel Harbour Village Council at 1:33 p.m.and
those present were:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also present: Carole Sherouse Morris, Village Manager
Jeanette Horton, Village Clerk
9. Other Business: Mr. Charles Brown, 228 Ba1 Bay Drive
questioned if the complaint will be filed today. Councilman
Hirsch] stated the Attorneys have been instructed to file the
complaint today.
11. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Hirschl and
seconded by Councilman Boggess to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 1:35 p.m.
Mayor Estelle Stern Si{iegel
Attest:
Jeanette Horton, CMC/AAE
Village Clerk
/jh
Regular Council Meeting 3/15/94