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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 Regular Council Meeting 3/15/94 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 Regular Council Meeting 3/15/94 3 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 Regular Council Meeting 3/15/94 4 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 Regular Council Meeting 3/15/94 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 Regular Council Meeting 3/15/94 6 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