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HomeMy Public PortalAbout1996-03-19 Regular MeetingCOUNCIL MINUTES REGULAR MEETING - MARCH 19, 1996 The regular meeting of the Bal Harbour Village Council was held on Tuesday, March 19, 1996, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:07 p.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 J. Treppeda, Village Manager Jeanette Horton, Village Clerk David Wolpin, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Taplin and seconded by Councilman Boggess to approve the minutes of the February 20, 1996, regular meeting. There being no additions or changes, the motion carried unanimously (5-0), and the minutes were approved as submitted. 3. Presentations: Officer of the Month: None Officer of the Year - Officer Paul Eppler: Chief Freeman read from his memo the accomplishments of Officer of the Year Officer Eppler. Officer Eppler was presented with a $500 savings bond and a plaque from the Village. The Sheraton Bal Harbour, Sea View Hotel, Bal Harbour Shops, and Sun Trust Bank presented Officer Eppler with tokens of appreciation. 4. Public Hearings: The Village Clerk advised the Council that the owners of the property located at Lot 2, Block 12A, in the RM 5 Multiple Family Residential District of Bal Harbour, more commonly know as 286 Bal Bay Drive, are seeking a variance of 1 foot from the requirements of Section 21-358 (b) to permit a side yard five foot fence where four feet is the maximum permitted. Mayor Spiegel then proceeded to open the public hearing for comments. Mr. Charles Brown, President of the Civic Association, addressed the Council and explained this is a joint venture between the Water Edge Apartments and the Civic Association. This is a border fence that connects with the fence that cuts off the end of Bal Bay Drive. He further explained Mr. Looby, who owns the building 170 outside the fence. will shrub the fence on his side and allow it to grow to seven feet. At present, the existing fence is in deplorable condition. Assistant Mayor Blank stated he went to view the site, and he agrees it is in deplorable condition. Councilman Boggess asked how tall is the fence at the end of Bal Bay Drive. Mr. Brown replied it is almost seven feet. Mr. Treppeda explained the Building Official was unable to attend today, but his recommendation is that the Council grant this variance. There being no further comments, Mayor Spiegel closed the public hearing. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to grant the applicant's request. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 5. Ordinance First Reading: The ordinance was read, by title, by the Village Clerk, amending Chapter 20 "Utilities" of the Ba1 Harbour Village Code. Mayor Spiegel then proceeded to open the public hearing. Mr. Treppeda explained there is no incentive for water and sewer bills to be paid on time, since there is no penalty. He further explained, just for the month of March, the Village billed $150,000.00, which was due by March 15th, and still outstanding is $98,000.00. Mr. Wolpin stated this ordinance will help with enforcement and collection. He further explained this is in accordance with state law. Councilman Boggess asked if this lien must be updated each month, or periodically. Mr. Wolpin replied the lien instrument that will be prepared will recite the aggregate pending charge, and also penalty charge, and 8% interest, which will accumulate each day. Therefore, interest will be accrued and it will not be necessary to file an update. Councilman Boggess then asked about subsequent bills. Mr. Wolpin replied any subsequent bills would result in an additional lien to be filed. 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. 409 Regular Council Meeting 3/19/96 AN ORDINANCE OF BAL HARBOUR VILLAGE. FLORIDA. AMENDING CHAPTER 20 "UTILITIES" OF THE BAL HARBOUR VILLAGE CODE BY AMENDING SECTION 20-30 "PAYMENT OF BILLS - MANNER OF PAYMENT" TO PROVIDE FOR IMPOSITION OF CHARGE FOR LATE PAYMENT. IMPOSITION OF SPECIAL ASSESSMENT LIEN FOR UNPAID WATER AND SEWER CHARGES, PROVIDING FOR COLLECTION OF SUCH LIENS AND CHARGES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. 7. Resolutions: The resolution was read, by title, by the Village Clerk, opposing the Clinton administration's recommendation eliminating Federal participation in water resources project, including beach renourishment. Mr. Treppeda explained in speaking with E. Clay Shaw's office, they recommended the Council adopt an resolution opposing the eliminating Federal participation. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to adopt this resolution. 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 RESOLUTION NO. 526 A RESOLUTION OF THE VILLAGE OF BAL HARBOUR OPPOSING THE CLINTON ADMINISTRATION'S RECOMMENDATION ELIMINATING FEDERAL PARTICIPATION IN WATER RESOURCES PROJECTS, INCLUDING BEACH RENOURISHMENT PROJECTS; RECOMMENDING THAT THE CURRENT FEDERAL CRITERIA FOR PARTICIPATION AND COST -SHARING BE RETAINED; SUPPORTING THE EFFORTS OF THE CONGRESSIONAL COASTAL CAUCUSES IN THE HOUSE AND SENATE IN OPPOSING ANY FUTURE LEGISLATION WHICH MAY ELIMINATE OR LIMIT FEDERAL PARTICIPATION IN SUCH PROJECTS; AND URGING THE CONTINUED EFFORTS OF CONGRESSMAN E. CLAY SHAW IN PURSUING FEDERAL ACTIONS RESULTING IN THE EXPEDITED REPAIR OF BAL HARBOUR'S CRITICALLY ERODED BEACHFRONT. 8. The Miami Project to Cure Paralysis - Suzie Sayfie: Ms. Sayfie addressed the Council, and stated Tropical Fantasy was a hugh success. She thanked the Council for their support, and thanked Mr. Treppeda. She congratulated the Council on their choice of Mr. Treppeda as Village Manager. She then proceeded to explain the expenses that were incurred, and requested that if all Regular Council Meeting 3/19/96 3 172 the funds were not used that the Village donate the remaining funds to the Miami Project to help offset the entertainment costs. Councilman Taplin asked what percentage of the ticket cost went to the charity. Mr. Treppeda replied $75.00 per person went to the charity and $50.00 to the Sheraton Bal Harbour. Ms. Sayfie explained $103,000.00 was received, expenses were $71,000.00, leaving a profit of $32,000.00. She then proceeded to explain there were 700 paid guests, 200 press, 66 volunteers, and 150 wheelchair patients and scientists. Mayor Spiegel asked how many people attended the event. Ms. Sayfie replied approximately 1,085 plus the Sheraton Bal Harbour guests. Assistant Mayor Blank recommended that as soon as all the bills are received and are reviewed as to what was spent against what was allocated; at that time the Council would be able to address Ms. Sayfie's request. Councilman Boggess thanked Ms. Sayfie and the Sheraton Bal Harbour for putting on such a spectacular single charity event that he ever attended. Councilman Hirschl complimented Ms. Sayfie's organization and staff as well as the individuals in the wheelchairs. 9. The Tiffany - planting of Additional Trees: Mr. Sidney Zeitlin, 10175 Collins Avenue, explained that after the completion of the planting of the Medjool Palms one tree was omitted in front of the Tiffany. The reason being was that there is a man hole cover where the tree was to be planted. However, they met with the Landscape Architect and the Village Manager, and they felt it would be feasible to plant a tree approximately two feet north. At this time, he requested the Council approve the purchase and planting at the same time as trees are purchased and planted for the Majestic Towers. Mayor Spiegel stated she viewed the site and agrees with Mr. Zeitlin, it does look like a tree is missing. Assistant Mayor Blank explained the Tiffany cut down two black olive trees thinking a palm would be planted. He further stated the space between their driveway and the next tree is quite a large open space. In his opinion, they are entitled to the tree. Therefore, he would recommend when the trees are purchased and planted for the Majestic Tower also purchase and plant the missing tree at the Tiffany. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to plant this tree at the time the trees are planted for the Majestic Towers, which will be approximately one to one and a half years from now. The motion carried with the vote as Regular Council Meeting 3/19/96 4 follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye: Councilman Hirschl aye; Council Taplin aye. 10. Reports and Recommendations: A. Mayor and Council: Assistant Mayor Blank explained he was requested by Bernie Burke to let him have the photos of breakwater on the beach. He further explained he had given the photos to Mr. Treppeda to show the Council again how the beaches are in Tel Aviv. He continued to explain the photos imply if the Village made the groins longer and higher, the breakwater would break and not take the sand back out into the ocean. Assistant Mayor Blank stated since Mr. Treppeda is still looking for the photos he would defer this matter until the next meeting. Councilman Taplin stated before a decision is made on this matter the Village should get the opinion of any engineer. Assistant Mayor Blank agreed with Councilman Taplin. Mayor Spiegel explained Congressman E. Clay Shaw was invited to attend Tropical Fantasy that was held on March 15th. She further explained she received a very nice thank you note from him. B. Village Attorney: Mr. wolpin stated he appreciates the opportunity to be here with the Village Council. He further stated it is a pleasure to be working on the same side. C. Village Manager: Repair and Paint of Vehicle #174: Mr. Treppeda explained Public Works vehicle #174, a flat bed truck, is in need of painting and body work. He further explained three prices have been obtained for this work, which are as follows: Cecil & Bruce Truck Equipment, Inc. Rowland Equipment, Inc. Miami Dade Truck & Equipment Service At this time, Mr. Treppeda requested Council expenditure of $2,510.00, which was the lowest bid. body work for vehicle #174. A motion was offered by Assistant Mayor Blank and seconded by Councilman Boggess to approve this expenditure. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. $2,510.00 $3,540.00 $3,170.00 approve the for paint and Resort Tax Committee Recommendations: Regular Council Meeting 3/19/96 5 174 Mr. Treppeda explained the following are items that have been recommended for the Council's approval by the Resort Tax Committee at their meeting on March 13th. 1) Photography by Lee Gordon $3,000.00. Mr. Treppeda explained the Sheraton Bal Harbour paid Lee Gordon $8,405.00 to photograph the renovated pool area of the hotel. They secured 4 years unlimited usage for the hotel and Village. He continued to explain the Sheraton Bal Harbour has made one of these photographs available for the Village's use in advertisements. The hotel has requested that the Village pay a portion of their cost for this photography. He then proceeded to explain the Resort Tax Committee approved this expenditure and the vote was 3 to 2, with Councilman Hirschl and Mr. Singh voting nay. At this time, he requested the Council's decision on this matter. Discussion followed. Councilman Hirschl stated he felt that since the total cost was $8,405.00, charging the Village $3,000.00 for one photo was inequitable. Assistant Mayor Blank stated it is hard for him to comprehend that the Village should pay $3,000.00 for pictures that the Sheraton Bal Harbour had done for themselves. In his opinion, he cannot see why the Sheraton Bal Harbour wants to charge the Village for the use of one photo to be used in the Village's ad campaign. Mr. Treppeda asked Mr. Wolpin to explain the duties of the Council on issues dealing with resort tax. Mr. Wolpin explained the Resort Tax Committee is charged with the duty of making recommendations on all items of expenditures dealing with tourism promotion. The one area that they have authority to take action is the placement of advertisements in the various media, in accordance with the budget of the Village. He further explained as to all other items, the final decision is with the Council after receiving input by the Resort Tax Committee. Mayor Spiegel asked Mr. Wolpin about the procedure of a member of the Resort Tax Committee voting on an issue that benefits a particular member of the Committee. Mr. Wolpin replied he is in the process of writing a memorandum that will address this issue, and provide advice to the members for future activities of the Committee. A motion was offered by Councilman Taplin and seconded by Assistant Mayor Blank to deny the recommendation for expenditure of $3,000.00 for a photograph. 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) Promotional items for the Emissary Program. Mr. Treppeda explained Ms. Cardenas requested approval of Regular Council Meeting 3/19/96 6 -7r $10,000.00 to pay for promotional items for her to take to trade shows, which are as follows: Sport beverage bottles Frisbees Note pads Mechanical pencils Visors T-shirts Lip Balm He further explained the Resort Tax Committee unanimously recommended approval of this expenditure. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to approve this recommendation for an expenditure of $10,000.00. 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) Fees for memberships and seminar $610.00. Mr. Treppeda explained Ms. Cardenas felt that it would be beneficial for her to join the Miami Association of Airline Representatives at a cost of $25.00, and the Miami Beach Latin Chamber of Commerce at a cost of $235.00. He further explained she also felt that it would benefit the Village for her to attend the Latin American Market Planning Seminar, to be held at Miami Airport by Strategy Research Corporation. The cost of the seminar is $350.00 He then proceeded to explain the Resort Tax Committee unanimously recommended the approval of this expenditure. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the recommendation for an expenditure of $610.00. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. 4) Mr. Treppeda explained the Resort Tax Committee designated a subcommittee consisting of Mr. Singh, Mr. Noboa, and Mr. Fine to work on a final design for stationary for the emissary program. They also requested the subcommittee to work on a Travel Agent Incentive Mailer acceptable to all Resort Tax members. At this time, the cost for these items is unknown. He asked the Council if they wish for these items to be brought before them again once prices are obtained. A motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank to trust the judgement of the Committee to assess the costs and vote them into effect. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Regular Council Meeting 3/19/96 176 Taplin aye. Community Cook -Out: Mr. Treppeda explained April 14th is the Community Cook -out at the Sea View Hotel. He further explained the cost for adults is $15.00 and children $7.50. He explained this event will be a combined effort with the Civic Association. He then proceeded to explain there will be the expense of a tent, tables. chairs, musical entertainment, moonwalk, clown, magician, and the expense of the Bar-B-Que. At this time, Mr. Treppeda requested Council approval up to $5,000.00 to off set the cost of the event that the price of the tickets does not cover. Councilman Boggess asked what amount is the Village Manager authorized to spend without Council approval. Mr. Treppeda replied $2,500.00. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to leave this up to the Village Manger and report back to the Council at a later date. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. Banners: Mr. Treppeda explained he is ordering new hardware for the banners. He further explained he had one of the banners lower, and they do look better. He asked the Council if they would like to use the same banners, which cost the Village $800.00. Discussion followed. Mayor Spiegel stated they do not show up very good. It was the consensus of the Council that the color of the Banners should be changed. It was suggested white with the 50th Anniversary logo. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin that the Village Manager use his judgement. The motion carried with the vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. At this time, a motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adjourn, and reconvene this meeting for the zoning public hearing right after the Retirement Board meeting. The motion carried unanimously (5-0), and the meeting adjourned at 5:03 p.m. The regular meeting of the Bal Harbour Village Council reconvened at 5:25 p.m. The roll was called and those present were: Mayor Estelle Spiegel Assistant Mayor Matthew B. Blank Councilman Andrew R. Hirschl Councilman James E. Boggess Regular Council Meeting 3/19/96 8 177 Councilman Sol M. Taplin Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk David Wolpin, Village Attorney As a quorum was determined to be present, the meeting was commenced. 6. Ordinance Second Reading/Public Hearing: The ordinance was read, by title, by the Village Clerk, amending Chapter 21 'Zoning" of the Bai Harbour Village Code. Mayor Spiegel then proceeded to open the public hearing. Mike Miller, Planning Director of Craig A. Smith & Associates, addressed the Council, and then proceeded to summarize the ordinance. Barry Shevlin, 162 Bal Bay Drive, stated he objects to the passage of this ordinance. He further stated, in his opinion, the ordinance constitutes the taking of private property. He then proceeded to point out the sections he objects, which are as follows: Section 21-103 Maximum Lot Coverage Mr. Shevlin stated there is no definition of impervious areas. Mr. Miller explained the impervious areas have been increase from 40% to 50%. and defined what portion can be the house and what can be other impervious areas. Section 21-102 Setbacks R-1 District Mr. Shevlin read into the record the following paragraph, which he objects to: The additional setback requirement provided by this Section shall not prohibit up to one- third of the length of the outside wall of the building along the side property line from being situated in compliance with the minimum 10' side setback required, but not fully conforming to the additional setback requirement. Section 21-127 Setbacks R-2 District Mr. Shevlin objected to the 25 feet to the rear lot lines. Mr. Wolpin explained he has worked with Mr. Miller on the drafting of this ordinance. He further explained there has been a number of revisions after conferring with the Building Official, Architectural Review Board, and the Civic Association. In his opinion, this ordinance complies with all applicable law. Regular Council Meeting 3/19/96 9 '.72 William Castellano, 135 Bal Bay Drive, also objected to the setback of 25 feet. Mr. Miller then proceeded to calculate the square foot of a house with the setbacks that are in the ordinance. Mayor Spiegel suggested that this ordinance be deferred so that it can be reviewed further. Councilman Taplin suggested the ordinance be taken again before the Architectural Review Board. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to defer this ordinance until the May meeting, and the ordinance should be brought back before 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. Other Business: None 12. Adiourn: There being no further business to come before the Council, a motion was offered ny Councilman Boggess and seconded by Councilman Taplin to adjourn. The motion carried unanimously (5-0), and the meeting adjourned at 6:23 p.m. Attest: Jeanette Horton, CMC/AAE Village Clerk Regular Council Meeting 3/19/96 10