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HomeMy Public PortalAbout1995-06-20 Regular Meeting35 COUNCIL MINUTES REGULAR MEETING - JUNE 20. 1995 The regular meeting of the Bal Harbour Village Council was held on Tuesday. June 20. 1995. in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:40 a.m. by Mayor Spiegel. The roll was called and those present were: Also present: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Councilman Sol M. Taplin Alfred J. Treppeda. Interim Village Manager/Police Chief Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Hirschl and seconded by Councilman Taplin to approve the minutes of the May 1. 1995. Special Meeting. There being no additions or changes. the motion carried unanimously (5-0). and the minutes were approved as submitted. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve the minutes of the May 1. 1995. Workshop Meeting. There being no additions or changes. the motion carried unanimously (5-0), and the minutes were approved as submitted. Councilman Taplin requested the minutes be corrected on page 4.seventh paragraph. should read Councilman Taplin absent. Assistant Mayor Blank requested the minutes be corrected on page 1 and page 11 to reflect the vote as (4-0). A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to approve the minutes of the May 16, 1995. Regular Meeting as corrected. There being no further changes or additions, the motion carried unanimously (5-0), and the minutes were approved as corrected. 3. Presentations - Officer of the Month Sgt. Steven Harold: Mr. Treppeda read from his memo, the accomplishments of Officer of the Month for May 1995. Sgt. Harold. Sgt. Harold was presented with a plaque and a check for $100 from the Village. 4. Public Hearings: None 5. Ordinances Second Reading/Public Hearing: None 36 6. Ordinances First Reading: The Ordinance was read, by title. by the Village Clerk, providing a procedure whereby an exemption may be granted after a public hearing to restaurants from the provisions of Section 21-281(81. Mr. Weiss explained at last month's meeting there was a discussion by the Council to relax the requirement that operations be primarily for the residents of the building. He continued to explain this Ordinance. after second reading. would provide a procedure for an exemption to be granted. A motion was offered by Councilman Taplin and seconded by Councilman Hirschl to enact this Ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye: thus becoming ORDINANCE NO. 398 AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA AMENDING SECTION 21-281 OF THE CODE OF BAL HARBOUR VILLAGE; PROVIDING A PROCEDURE WHEREBY AN EXEMPTION MAY BE GRANTED AFTER PUBLIC HEARING TO RESTAURANTS FROM THE PROVISIONS OF SECTION 21-281(8) RELATING TO THE REQUIREMENT THAT OPERATIONS BE PRIMAILY FOR THE RESIDENTS OF THE BUILDING: PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. The Ordinance was read, by title, by the Village Clerk, providing for an Occupational License Tax schedule. She then proceeded to explain when the State legislature passed the reform act to Chapter 205 they made a provision that the municipalities could appoint an Equity Study Commission to review the classification system and rate structure of the Village's Occupational Licenses. If this is done. the Village would then have the ability to increase the fees every two years by 5%. If the Village did not have the Equity Study Commission. the fees would remain frozen and it would be up to the State legislature to regulate when they could be increased. The Council did appoint the Equity Study Commission at their May 17, 1994 meeting. and the Commission had two meetings. They have recommended the changes to the classification system and rate structure as presented in this Ordinance. Mr. Weiss stated the Ordinance is presented in the exact form that was recommended by the Equity Study Commission. He then proceeded to request the Council's permission to amend some of the wording and structure of the Ordinance prior to second reading. The Council had no objection. Councilman Taplin questioned if Doctor Elias would be covered under this Ordinance. Councilman Boggess replied yes. under heading F. Regular Council Meeting 6/20/95 C)t A motion was offered by Councilman Taplin and seconded by Councilman Boggess to enact this Ordinance. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye: Councilman Taplin aye; thus becoming ORDINANCE NO. 399 AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA AMENDING SECTION 9-34 OF THE CODE OF BAL HARBOUR VILLAGE, PROVIDING FOR AN OCCUPATIONAL LICENSE TAX SCHEDULE: PROVIDING FOR SEVERABILITY. INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 7. Resolutions: None 8. Discussion of Evaluation and Appraisal Report - Michael Miller, Craig Smith & Associates: Mr. Miller explained what they are here for today is an introductory discussion on this item. He further explained he will appear at the July 18th meeting for the Council's approval to transmit this document to the government agencies in Tallahassee. He then proceeded to explain the purpose of this document under State law is to analyze the Village's Comprehensive Plan. He explained the Village adopted their Comprehensive Plan on December 2. 1988, and since that time there has been some changes that have happened in the Village. as well as changes in the State laws. Mr. Miller explained under State law the Village is required to prepare this document, in the future, every five years. The purpose of this report is an evaluation of the words and statistics that are in the Village's adopted Comprehensive Plan. He further explained it is also an identification of whether some of the data and objectives have changed over the years. He continued to explain it is also a way to recognize those changes whether the Village needs to make changes in the Comprehensive Plan as a community. He then proceeded to explain the Village is one of the first communities required to submit this report. Councilman Boggess questioned is there any particular section of this report that the Council should be familiar with. Mr. Miller replied yes, the new Capital Improvement element. Councilman Taplin stated there is an error in the Capital Improvement element. which is the Beach Reserve of $150,000. Mr. Miller explained that is the projected expenditure not necessarily the amount of the reserve. Councilman Taplin then proceeded to explain another error is in the date of 1995 that the Beach Renourishment will take place. He continued to explain at this time the Council does not know when the beach will be renourished. Regular Council Meeting 6/20/95 3 38 Assistant Mayor Blank stated in section III - 2 Land Area which stated the vacant land acres noted in the adopted plan was incorrect. He stated he is surprised the Village has been living with this being incorrect for this period of time. The next item is in section III-20 as to the possible relocation of the jogging path. He explained the Council has discussed this issue for several years. He then referred to section III - 22 Resort Tax revenue decrease. and to section III - 23 he pointed out the only funds spent on the beach since 1990 was $34,650. Assistant Mayor Blank pointed out the reduction in hotel rooms from 1,360 in 1988, and presently there are only 876 hotel rooms. He then referred to VIII-11 to a possible error, which states that 3 percent of the tax goes for beach maintenance. The correct percent is only 1 percent goes for beach maintenance. Mr. Weiss clarified the percent should be 1/3 of the tax collected. Councilman Boggess questioned in Section 111-22 under financial resources, if this is correct the Village had a short fall of property taxes. Mr. Miller explained these figures were projected in 1988. Councilman Hirschl asked if this study addresses the future of potential development of the PC District. Mr. Miller replied not directly. He explained the purpose of this report is to analyze the existing Comprehensive Plan. Assistant Mayor Blank asked if the Village is entitled to grants for preparing this document. Mr. Miller explained this document was prepared fully from a grant the Village received from the Department of Community Affairs. Mr. Weiss requested Mr. Miller in his review to look at the zoning ordinances that have been passed or to what might have been proposed. He suggested that Mr. Miller check with the Village Clerk as to the Ordinances that have been enacted by the Village. 9. Reports and Recommendations: A. Mayor and Council: Assistant Mayor Blank stated he would like to apologize for voting aye on some of the motions that were brought up at the May meeting. He then proceeded to refer to the minutes of the May 16th meeting. page 7, third paragraph. the attorney stated this is a clean up item that should have been done years ago. Approximately two years ago Mrs. Morris had repairs done in the residential area using public funds for these improvements. Therefore, if this is private property they should pay for the fixing or improvements that have to be done. In view of the residents in the Ocean Front District cannot walk across the street and into this private restricted area. He then proceeded to refer to the discussion at the last meeting by Mr. Shaab, and he agrees with him that a large majority of taxpayers are paying for items in the private sector. Therefore. Regular Council Meeting 6/20/95 4 the Council should address this issue very carefully. Councilman Hirschl stated he completely disagrees with him on this issue. He further stated historically this was a restricted community. He continued to explain we must take care of the Village as a whole. and it has always been a function of government to maintain these areas. Mr. Miller explained the streets. in the residential district, are 50 feet wide and some are 60 feet wide. The blacktop is 25 to 28 feet and on each side of the blacktop is the grass swale area, which is part of the right of way. Therefore, this is not part of the private property. Re -Appointment: Members Resort Tax Committee: Mayor Spiegel asked the Village Clerk if letters have been received from everyone. The Clerk replied she has received confirmation from everyone, and they are all willing to serve. She then proceeded to name the members: Stanley Whitman. Bal Harbour Shops Raj Singh. Sea View Hotel A. Anthony Noboa, Sun Bank Jaime Valdes. Sheraton Bal Harbour She further explained Councilman Andrew Hirschl was re -appointed to this Committee at the May 16th regular Council meeting. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to re -appoint the Committee as it stands. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. B. Village Attorney: No report C. Village Manager: 1. Landscape Agreement with Florida Department of Transportation: Mr. Treppeda explained the Village's agreement with the Florida Department of Transportation expires on August 22, 1995. He further explained this agreement is required because the Village performs landscaping and lawn services on State Road A1A. The Village is reimbursed $6,201.00 per year for performing these services. At this time, he requested Council approval of renewal of this agreement. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the renewal of the agreement. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Regular Council Meeting 6/20/95 40 Hirschl aye: Councilman Taplin aye. 2. Purchase of Work Stations for Village Clerk and Administrative Assistant: Mr. Treppeda explained work stations for the Village Clerk and Administrative Assistant are provided for in the current budget. He further explained the Village Clerk's work station is very old and is not equipped to accommodate the computer equipment used in that office. It also lacks adequate storage space. He then proceeded to explain the Administrative Assistant 's current work station is also not suitable for the computer equipment and is lacking in storage space. Mr. Treppeda explained that he had the Village's Purchasing Agent obtain quotes from companies which manufacture such work stations. At this time he requests Council approval to purchase the two work stations from the low bidder. Jamie Industries. Inc. for a total cost of $6.640.00 A motion was offered by Councilman Hirschl and seconded by Councilman Taplin to approve the purchase. The motion carried with the vote as follows: Mayor Spiegel aye: Assistant Mayor Blank aye: Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 3. Interlocal Agreement with the Greater Miami Convention and Visitor's Bureau: Mr. Treppeda explained at the Resort Tax meeting, the Committee recommended that the Council approve the $100.000.00 as specified in the agreement with an additional $50,000.00 to be contingent upon the appointment of Jaime Valdes. General Manager of the Sheraton Bal Harbour, to the Executive Board of the Bureau. He further explained for the past two years. the Council has contributed $150,000.00 to the Bureau. Mayor Spiegel stated she had a lengthy conversation with Merrett Steirheim in reference to this issue. She explained they were prepared to name Joe Terzi, the former Manager of the Sheraton Bal Harbour, to the Executive Board. She continued to explain Mr. Valdes will be put as a Board member, but Mr. Steirheim feel that Mr/ Valdes is so new and with the renovations of the pool area he would not be in the position to be on the Executive Board. She then proceeded to suggest Enid Rosenthal be appointed to the Executive Board. Mr. Whitman stated Enid Rosenthal has gone down to Latin America promoting Bal Harbour. Plus, she is very busy on the Marketing Committee of the Bureau, and he thinks it would be taking too much of her time. He then proceeded to recommend David Fine, of the Sheraton Bal Harbour, be appointed to the Executive Committee. Councilman Boggess stated that he does not agree with Mr. Steirheim Regular Council Meeting 6/20/95 6 41 on this point. He further stated Mr. Valdes is new to the Village. but he is a seasoned hotel executive with the ITT Sheraton chain. He continued to explain Mr. Valdes came here directly form Buenos Aires and he has served all over South America. Therefore, in his opinion Mr. Valdes has the expertise needed to be on the Executive Committee. Bill Talbert addressed the Council and explained he is the Chief Operating Officer for the Greater Miami Convention and Visitor's Bureau. He then proceeded to explain what the Bureau has done in the past year. First. they booked and put on Pow Wow last May. which was the most successful in Pow Wow history. and Pow Wow will be here again before the end of this century. Secondly, the Bureau has booked La Cumbre, which is for Latin American markets and will be here every other year for the next ten years. Thirdly, the Bureau prepared the bid for the Summit and Super Bowl XXVIIII. Mr. Talbert explained since he appeared before the Resort Tax Committee he has spoken to the nominating committee in reference to appointing Mr. Valdes to the Executive Committee. He then proceeded to explain that Mayor Spiegel and the Interim Village Manager are voting members of the Bureau. Councilman Hirschl stated the Resort Tax Committee has spent many months discussing this issue. He continued to explain the Committee was unanimous in their discussions with Mr. Talbert in understanding what the Committee is interested in gaining. He explained a motion will be made today to approve $100,000.00 and pending the outcome of the nominating committee another $50.000.00. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to approve $100,000.00 to the Greater Miami Convention and Visitor's Bureau. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. Discussion followed as to beach renourishment. Assistant Mayor Blank read from an article about Palm Beach paying to renourish their beach. Councilman Boggess pointed out Palm Beach has the sand where Bal Harbour does not. He then proceeded to inquire if anything has been done to obtain information about sand transfer stations. Mr. Treppeda explained Mr. Miller is looking into this for the Village. Collins Avenue Easements: Mr. Treppeda explained for the Collins Avenue Phase II Landscaping Project, some of the trees will be infringing on private property. He further explained on the maps the Village had originally intended to have a 10 foot easement from the property line on the east side of Collins Avenue. However. this easement was never officially recorded in Dade County. He proceeded to explain while Regular Council Meeting 6/20/95 42 there is no reference to an easement on the west side of Collins Avenue, it would be in the Village's best interest to obtain an easement so that the Village can proceed with Phase II Landscaping as well as having an easement for future utility needs. Mr. Treppeda explained he has asked the Village Attorney to prepare the necessary agreements so that the Village can officially record these easements with Dade County. He further explained no Council action is required. It was the consensus of the Council that the Village Manager should proceed with obtaining the easements. Recommendation of Architectural Review Board: Mr. Treppeda explained the Architectural Review Board, at their last meeting recommended that the Council authorize planner Mike Miller, of Craig Smith & Associates. to explore the possibility of an ordinance to regulate landscaping in the Village. He further explained he has discussed this with Mr. Miller who advised that he would be able to do this for the Village. Mr. Miller explained he attended the Architectural Review Board meeting and explained to the Council how this item came up for discussion. Mayor Spiegel asked Mr. Weiss his opinion on this issue. Mr. Weiss explained it is up to the Council if they wish to place additional regulation on the type of landscaping. It was the consensus of the Council that Mr. Miller prepare an estimate as to the cost of exploring the possibility of an ordinance to regulate landscaping in the Village. Agreements for Building Department Services: Mr. Treppeda explained Dade County passed an ordinance which prohibits municipalities from contracting with a corporation to provide building department services. He further explained this ordinance becomes effective July I, 1995. He continued to explain since January 1994, the Village has had an agreement with C.A.P. Consultants, Inc. to provide the Village with Building Official/Inspector and Structural Plans Examination services. At the last Council meeting, the Council approved the negotiation of individual agreements with Dan Nieda and Mariano Fernandez so that they may continue in their current roles. Mr. Treppeda then proceeded to give comparisons of expenses for one year opposed to the proposed expenses under an agreement with Mr. Nieda and Mr. Fernandez. He then continued to give expenses of other municipalities for building department services. At this time, he requested the Council to consider the proposals for the services of Mr. Nieda and Mr. Fernandez in a form acceptable to the Village Attorney and the Village Manager. Also approve agreements with the Village's electrical and mechanical/plumbing inspectors in a form acceptable to the Village Attorney and Village Manager with the compensation remaining the same as it currently is. Regular Council Meeting 6/20/95 8 A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin approve to the agreements for the Building Department services pending the agreements are in a form acceptable to the Village Attorney and the Village Manager. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye: Councilman Boggess aye: Councilman Hirschl aye: Councilman Taplin aye. 10. Other Business: Mayor Spiegel introduced Mayor Premer. of the City of North Miami, and advised him the Council will listen to him. but will make no comments. Mayor Premer introduced Bay Harbor Islands Vice Mayor Thomas Glick. who is the mediator in the dispute between Bal Harbour and North Miami. Vice Mayor Glick distributed to the Council a copy of the minutes from the last mediation session that was held on June 8th. He then proceeded to recap what transpired at the session for the Council. Mayor Premer addressed the Council and stressed the desire for a better communication between the two communities with regard to the development of the Munisport site. He further stated what is good for Bal Harbour is good for North Miami. He then indicated his City's willingness to try to resolve any differences without further litigation. He then proceeded to introduce Al Simmons, the Project Coordinator involved with cleaning up the dump site. Mr. Simmons disclosed that the Munisport site would be about the fourth largest cleanup project he has been involved in. He then invited the Council to visit the site. Mayor Spiegel thanked Mayor Premer for appearing and addressing the meeting in so positive a manner. Richard Stoker. 10205 Collins Avenue, addressed the Council and gave an update on what is happening with the Bal Harbour Club. He explained a contract has been signed with AVA Corporation for the sale of the club property. He continued to explain in July an election will be held to determine which Board is valid, and a later court hearing will decide whether the 58 proprietary certificates purchased are valid. Dina Cellini, 211 Bal Cross Drive, addressed the Council and stated that the residents are very concerned about the added traffic and noise that would result from the renovation of the Yacht Club property. She then proceeded to read from a copy of the contract that states as part of the sale of the ocean front property the contractor will build a new bayside yacht club. She stated that she and others are very irate this deal was consummated right under the residents noses. Councilman Taplin assured the residents that the Council would deny Regular Council Meeting 6/20/95 9 44 the necessary permits if the contract goes through. Mr. Weiss read from the code PC District and stated developers can build because there are no regulations to stop them. He then proceeded to suggest that the Village planner, Deputy Village Attorney Stephen Helfman and the Council meet in a workshop session to discuss regulation in reference to the PC District Yacht Club property. It was the consensus of the Council that Mr. Treppeda coordinate a workshop meeting next week if possible. Mario Noto. 290 Ba1 Bay Drive, addressed the Council and explained what is happening as far as the Beach Club property. Mr. Whitman addressed the Council and requested that the Council have another lighting demonstration to compare the 100 volt bulb and the 175 volt bulb. It was the consensus of the Council that Mr. Treppeda set the demonstration and advise the Council of the date and time. 11. Adiourn: There being no further business to come before the Council. a motion was offered by Councilman Hirsch' and seconded by Councilman Boggess to adjourn. The motion carried unanimously (5-0). and the meeting adjourned at 11:55 a.m. Mayor/Estelle S iegel Attest: eanette Horton, CMC/AAE Village Clerk Regular Council Meeting 6/20/95 10