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
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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
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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:
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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
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$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
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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
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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