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HomeMy Public PortalAbout1994-07-19 Regular Meeting172 COUNCIL MINUTES REGULAR MEETING - JULY 19, 1994 The regular meeting of the Bal Harbour Village Council was held on Tuesday, July 19, 1994, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:38 a.m. by Mayor Spiegel. The roll was called 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: Alfred Treppeda, Interim Village Manager/Police Chief Jeanette Horton, Village Clerk ,F Stephen Helfman, Deputy Village Attorney As a quorum was determined to be present, thi meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to approve the minutes of the June 21, 1994, Regular Meeting. There being no changes or additions, the motion carried unanimously (;5-0), and the minutes were approved as submitted. 3. Presentations Officer of the Month - Steven Goldberg: Mr. Treppeda read from Assistant Chief Cardeno's memo, the accomplishments of Officer of the month for June 1994, Officer Steven Goldberg. Mr. Treppeda explained Officer Goldberg was unable to be present to accept this award today. He further stated Officer Goldberg will be given a plaque, and a check in the amount of $100 from the Village.` 4. Public Hearings: None 5. Ordinances - Second Reading/Public Hearing: None 6. Ordinance - First Reading: None 7. Resolutions: None 8. Request for Sign at Singapore - Robert Arena of Atlantic Building & Salvage: Mr. Treppeda explained Mr. Arena is requesting permission to put up a temporary sign for 30 days at the Singapore Hotel. The sign shall read as follows: Demolition Sale All Contents For Sale 174 He continued to explain the if the sign is approved, the dimensions would be 4'x 8'. The material to be used will be a piece of white fiberglass, with either red or black lettering. It will be anchored on a canopy facing south on Collins Avenue. If necessary, the applicant will take the sign down each evening after 5:00 p.m. Discussion followed. Councilman Taplin questioned Mr. Arena if the sign would be prepared by a professional sign company. Mr. Arena replied yes, the sign will be done by Nu Art. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to approve the professional sign for a period of 30 days. The motion carried unanimously with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 9. Authorization tto enter into a Contract with the State of Florida Department of Community Affairs and Craig Smith & Associates: Mrs. Horton explained in accordance with Chapter 1631 of the Florida State Statutes, the Village must prepare and submit to the State of Florida Department of Community Affairs an Evaluation and Appraisal Report to assess and evaluate the success or failure of our Comprehensive Plan. She further explained the State Legislature has appropriated funds to assist local governments with the preparation of this report. Each of the 89 affected local governments is eligible to receive $20,224.00. She proceeded to explain that Dr. Tom Kelsey, of the firm Craig A. Smith & Associates, has agreed to prepare this report for the Village for the amount that the State Legislature has appropriated for this project. In order to be eligible to receive this funding, the Village must have all agreements approved and submitted prior to August 14, 1994. Councilman Taplin questioned what the report will involve. Dr. Tom Kelsey explained this requirement by the State is to have the Village review its' Comprehensive Plan after a certain period of time. The Evaluation and Appraisal Report requires the Village to review its' 1988 Plan, and review each plan elements. He further explained he will present a series of recommendations that the Council would review. After the adoption of the report then the Council must amend the Comprehensive Plan according to the recommendations. Dr. Kelsey explained the process will take approximately a year to complete. Councilman Hirschl questioned if the zoning changes that have previously been discussed will be dealt with in this plan. Dr. Kelsey replied yes. Dr. Kelsey explained in preparing the contract between Bal Harbour Village and Craig A.Smith & Associates it did not include the Regular Council Meeting 7/19/94 2 175 complete document, but that is his intention. He then proceeded to suggest adding a fourth work product to this contract. This item should read "a completed draft of the Evaluation & Appraisal Report including recommended amendments to the current Comprehensive Plan." The Work Plan would be amended to reflect this amendment. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to approve the contract between the State of Florida, Department of Community Affairs, as well as, the agreement between Craig A. Smith & Associates subject to the changes that were recommended. The motion carried unanimously with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 10. Re -Appointment Members Architectural Review Board: Mrs. Horton explained in accordance with Section 5.5-11 (3b) of the Bal Harbour Village Code, the appointments to the Architectural Review Board will expire this month. She further explained she has written the members requesting to know if they wish to continue serving Bal Harbour in this capacity. The following members have expressed their desire to continue to serve: James F. Silvers William O'Leary Giorgio Balli However, Robert Wade and Richard Levine express their regrets, but they will continue to serve until their successors are appointed. She then requested the Council's consideration and direction. Discussion followed as to the procedure for appointment of the members to this Board. It was determined that Mr. Wade was the nominee of the Civic Association and Mr. Levine of the Village Council. Therefore, as provided by the Code, the Civic Association should submit a nomination to the Council for the replacement of Mr. Wade, and the Council should submit ,a nomination for the replacement of Mr. Levine. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the re -appointment of Mr. Silvers, Mr. O'Leary and Mr. Balli to the Architectural Review Board. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 11. Selection of Budget Hearing Dates: Mayor Spiegel stated the dates supplied in the agenda are as follows: First Public Hearing September 7th Second Public Hearing September 21st. Regular Council Meeting 7/19/94 3 176 or First Public Hearing September 8th Second Public Hearing September 22nd A motion was offered by Assistant Mayor Blank and seconded by Councilman Hirschl to hold the first Public Hearing on Thursday. September 8th, and the second Public Hearing September 22, 1994. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin. 12. Reports and Recommendations: A. Mayor and Council: Bal Harbour Club Property: Mayor Spiegel reported she understands there is a firm proposal to purchase the Bal Harbour Club. The proposal is to build two buildings, a condominium and a hotel, subject to the approval of the Board of Directors and the members of the Bal Harbouk Club. Mr. Olsen explained this Saturday is the deadline for filing with the Club any offers to purchase the property. He further explained he understands there will be four offers. He continued to explain an evaluation will be made of all the offers. Then the Board will make a recommendation, as to which offer they think is the best, and it will be sent to the membership for their vote. He continued to explain the process will take approximately sixty days. Councilman Hirschl questioned Mr. Olsen if both the Ocean Front property and the Marina property being discussed. Mr. Olsen replied only the Ocean Front property is for sale. Councilman Hirschl stated he has a very strong interest in this project, as does the rest of the Council. He further explained the rumors he has heard about the inducement offered to sell the Ocean Front property. Such as, on the Marina property to build a one or two story clubhouse, tennis courts, restaurant and swimming pool, which would change the flavor of the neighborhood. He stated that all the different factors must be taken into account on the rezoning of this property. Mayor Spiegel stated for the benefit of Resort Tax Revenue, for the Village, a Hotel would be very desirable. Councilman Taplin stated a hotel condominium combination would be most desirable. The Council requested the Village Attorney to review the Comprehensive Plan, as well as, outline the procedure which the Village would be required to follow in order to permit mixed use development for this property. Discussion Village Manager Position Regular Council Meeting 7/19/94 4 177 Mayor Spiegel reported at the Special Council meeting held on Monday, July 18, 1994, the Council interviewed potential Managers. She proceeded to explain the procedure the Council took in making their choice, which was Patrick Miller, subject to an employment agreement. She continued to explain that Mr. Miller has been the Manager of Palm Springs, Florida for the past twelve years. Discussion followed as to the benefits Mr. Miller is requesting. Beach Renourishment Mayor Spiegel reported a meeting was held on July 18th in attendance was Pamela Landi Representative from Congressman E. Clay Shaw's office; State Representative Elaine Bloom; Carlos Espinosa Metropolitan Dade County; Brian Flynn Metropolitan Dade County, as well as Assistant Mayor Blank and Councilman Taplin. She further explained they listened_to the Village's plea, and after viewing the Beach they agreed that the Village does need the >;<enourishment. She continued to explain the State is having problems with Golden Beach that may delay any renourishment for anyone. She proceeded to explain they are going to try to get the Village included in this renourishment program. Councilman Taplin explained that when driving on the Beach, in certain places, you could not continue due to the Beach being so narrow. He further stated the Beach is much eroded, more than it has been since it was renourished. Assistant Mayor Blank reported Mr. Grover of the Bal Harbour Towers, Sheraton Bal Harbour and most of the Condominiums sent in strong letters of complaint about the erosion of the beach. Discussion followed in reference to the groins causing the problem of erosion. It was suggested to have the Village engineers to give an opinion on the removal of the groins. Mayor Spiegel requested thb Village Attorney to find out the status of the meeting between Golden Beach and Metropolitan Dade County Division of Environmental Resources Management. Resort Tax Budget Assistant Mayor Blank questioned the membership of Mr. Bouchard on the Resort Tax Committee. Councilman Hirschl explained this was discussed at the Resort Tax Committee meeting and it was felt that Mr. Bouchard was qualified. He further explained Mr. Bouchard was agreeable to serve, the resort tax committee did vote to re -appoint him with Council's approval. Assistant Mayor Blank questioned where the Village will get the money to fund the Tourism Budget, which gets higher each year. He further stated he approves of the Latin American campaign. He then proceeded to question the connection between Greenstone Roberts and Regular Council Meeting 7/19/94 5 178 Key Promotion and Marketing Group. Councilman Hirschl explained Key Promotion and Marketing Group is handling the Latin American aspect of the Village's pursuit to bring tourists to this area. Greenstone Roberts is the agency of record for the Village of Bal Harbour handling the Domestic promotion and other activities. He further explained Key Promotion and Marketing Group came to the Committee's attention through Joseph Terzi of the Sheraton Bal Harbour. He continued to explain Mr. Terzi has stated that next years' bookings are the strongest he has ever seen, which is very good news for the Village. Councilman Boggess stated at a recent Committee meeting he chaired, Greenstone Roberts thanked the Village for bringing them together with Key Promotion and Marketing Group. He further explained the two firms will be doing some joint ventures. Assistant Mayor Blank questioned the alliance between Greenstone Roberts and Key Promotion and Marketing Group that was reported in the newspapers, as well as, reported at the last Committee meeting. He further questioned if the bid that was submitted to tqe Greater Miami Convention and Visitors Bureau to represent them in Latin America be in conflict. Since Key Promotion and Marketing Group would be getting paid by the Bureau and the Village. Councilman Hirschl stated the Committee will not allow double dipping to take place if Key Promotion and Marketing is awarded the bid. Building Height Councilman Taplin explained the Village has a situation in reference to the Palace. The building permit applied for was to build 18 stories with ten foot ceilings. Therefore, the building is higher than an ordinary 18 story building. He further explained they put in a parquet with equipment and now the height is almost as tall as the Bal Harbour Towers, which is 26 stories. He stated he feels the zoning should be changed to limit the total height of the buildings, and not the number of stories. Discussion followed as the present code. Mr. Nieda explained the problem in the Code at present is that is does not count the mechanical towers as part of the height restriction. Mr. Helfman explained the present code has the limitation on the number of units, and the requirement as to height limitation. Councilman Hirschl requested the Village Clerk to copy the Council on the Zoning Workshop which was held last year. Building Design Councilman Taplin stated the colors of the windows and the design of the buildings should be approved by the Architectural Review Board. Discussion followed as to the change in styles over the period of time. Mayor Spiegel explained prior to a permit being issued the plans must be approved by the Architectural Review Regular Council Meeting 7/19/94 6 179 Board. Councilman Taplin recommended the Council have a meeting with the Architectural Review Board and discuss these matters with them. Other Discussion Councilman Hirschl stated he has received several complaints about signs in the Village, work being done after hours, as well as, a speeding problem in the residential area. He requested Assistant Chief Cardeno to check on these complaints. Councilman Boggess explained Bay Harbor Islands borrowed a sign from Miami Shores which made people aware of their speed. He further suggested borrowing the sign and installing it on Park Drive. Councilman Hirschl explained at the Resort Tax Committee meeting they reconfirmed beginning of phase two of the Landscape Project. He continued to explain what phase two encompasses.', B. Village Attorney: Building Permits for Interior Painting Mr. Helfman explained at the last meeting the Council requested his advice regarding whether building permits were necessary for interior painting of a building. He continued to explain the Bal Harbour Village Code Section 6-26 expressly sets forth various activities which require a building permit. He proceeded to explain the Code also provides that a building permit will be required for all operations set forth in Section 301 of the South Florida Building Code, as well as other operations which the Village building official determines necessitates the need for a permit. Mr. Helfman stated that interior painting is not one of the expressly listed operations for which a permit is required under either the Bal Harbour Village Code or the South Florida Building Code. Therefore, the authority for requiring a permit for interior painting would appear to lie with the Village building official, if he deems a permit is necessary. Discussion followed as to the Civil Violation issued for interior painting without a permit and the fine paid. Mr. Nieda stated his recommendation is to refund this fine, since under the South Florida Building Code no permit is necessary for interior painting. Councilman Hirschl questioned how contractors are informed of working hours if no permit is required for interior painting. Mr. Nieda replied through Code Enforcement. Assistant Mayor Blank stated he feels the fee paid by the owner of 9800 Collins Avenue be refunded. It was the consensus of the Council to refund the permit fee paid. The Council requested the Village Attorney to check out if the Village Code had been amended Regular Council Meeting 7/19/94 7 180 to read no permit necessary for costs under $500 to agree with the South Florida Building Code. C. Village Manager: 1. Landscape Agreement between Bal Harbour Village and the Florida Department of Transportation Mr. Treppeda explained the Village's agreement with the Florida Department of Transportation expires on August 22, 1994. He further explained this agreement is required because the Village performs their own landscaping and lawn care services on State Road A1A. He proceeded to explain the Florida Department of Transportation reimburses the Village $6,201.00 per year for the landscaping and lawn care services provided. Mr. Treppeda stated at this time he is requesting the Council's approval for renewal of this agreement. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to approve the renewal of this agreement. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 2. Color of Mast Arms: Mr. Treppeda explained at the Resort Tax Committee meeting a discussion was held about possibility of getting the mast arms in black instead of silver. He further explained he contacted Joe Gomez, the Director of Operations at the Department of Transportation, to discuss the color issue. Mr. Gomez advised that if the Village wants these mast arms in black, the Village will have to pay the cost of the special process that has to be done to in order to turn them black. Mr. Treppeda then proceeded to explain that once the black mast arms are installed, the Village is then fully responsible for the cost in maintaining them. He further explained that Mr. Gomez advised that the mast arms for all of the Village intersections with the exception of Harbour Way and Collins Avenue and the 96th Street entrance to the Bal Harbour Shops have already been purchased and will be silver. The Village can, however, with the permission of Dade County hire a contractor to paint these mast arms black , at the Village's expense. The Department of Transportation will install the mast arms for the Village at the above two intersections in black at a cost of $1,100.00 per pole. He then proceeded to request the Council's direction which is needed as the Department of Transportation will need advance notice if the Village wants the mast arms in black. Discussion followed as to the cost and the maintenance involved. Mr. Whitman stated he will speak to Mr. Gomez as to the cost. 3. Quarterly Financial Report Regular Council Meeting 7/19/94 8 181 Mr. Treppeda reported the Village is now 3/4 through the 1993/94 fiscal year. He further explained the General Fund budget is 62% expended, therefore we are under budget. He continued to explain he is checking to see why the revenue percentages are below our budgeted anticipated amounts. 13. Other Business: Mr. Boggess referred to the letter from Mr. Oertel in reference to the Village retaining a lobbyist. He further stated the amount quoted is outrageous. Mr. Olsen stated he agrees the price is exceedingly high, and he will speak to Mr. Oertel. He then proceeded to report on what is happening in reference to the Amphitheater issue. He further explained to the Council what transpired at the EPA meeting that he attended. Mr. Charles Brown, Chairman of the Citizens Adviso,y Committee, stated his only concern, in reference to the Amphitheater issue, is about the situation with Mr. Fletcher. 14. Adjourn: There being no other business to come before the Council a motion was offered by Councilman Hirschl and seconded by Assistant Mayor Boggess to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 12:00 p.m. Mayo stelle Stern Sp'jgel Attest: eanette Horton, CMC/AAE Village Clerk Regular Council Meeting 7/19/94 9