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
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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.
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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
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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
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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
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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
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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
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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