Loading...
HomeMy Public PortalAbout1996-05-21 Regular MeetingI 0 COUNCIL MINUTES REGULAR MEETING - MAY 21, 1996 The regular meeting of the Bal Harbour Village Council was held on Tuesday, May 21, 1996, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:37 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 Also present: Alfred J. Treppeda, Village Manager Ellisa Wright, Administrative Assistant Richard J. Weiss, Village Attorney Absent: Councilman Sol M. Taplin 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 Assistant Mayor Blank to approve the minutes of the April 16, 1996, regular meeting. There being no additions or changes, the motion carried unanimously (4-0), with Councilman Taplin absent, and the minutes were approved as submitted. 3. Presentations - Officer of the Month: Detective Jose Andrade: Chief Freeman read from his memo the accomplishments of Officer of the Month Detective Andrade. Detective Andrade was presented with a plaque and a check from the Village. 4. Public Hearings: None 5. Ordinances First Reading: None 6. Ordinances Second Reading/Public Hearing: None 7. Resolutions: None 8. Reports and Recommendations: A. Mayor and Council: Councilman Boggess commented on the efficiency of the Village's police department. He explained about an incident that happened on Sunday with the Village's police department, Surfside and Metro Dade all working together. B. Village Attorney: 19U Mr. Weiss explained at the last Council meeting he was requested to look into information on resort tax. He further explained he feels that an argument can be made for the necessity of an legislative change. which could take several forms. He explained that currently the law authorizes 4% for hotels and 2% for restaurants, but the Village is currently charging 3% for everyone. In his opinion. the Village should either go for 4% and 2% or get authorization for 3% for everyone, but this issue should be resolved. At this time, he requested guidance from the Council on how to proceed. Mr. Treppeda stated there are only two other cities in the State of Florida that have Municipal resort tax, which are Miami Beach and Surfside. He continued to explain Surfside charges 4% on hotels and 2% on food and beverage, and Miami Beach charges 2% on both. Councilman Hirschl asked Mr. Weiss how successful the Village would be in raising the food and beverage tax to 3%. Mr. Weiss replied he would have no way to judge. He then proceeded to explain in order to raise the resort tax to 4% for the hotels and 2% for the restaurants a referendum is necessary. Assistant Mayor Blank suggested receiving 1/2%, or whatever is possible, resort tax from the shops located in the Bal Harbour Shops. Mr. Weiss explained after initial research he does not believe this is possible. Authorization to do so would take legislative action. Raj Singh, Sea View Hotel, addressed the Council and explained the reason they had their Attorney look into this issue was they felt the beach renourishment fund was being depleted. In his opinion, the resort tax is an unfair tax, and the tax should not be raised because there is a short fall in another area. Stanley Whitman, addressed the Council and spoke on the issue of charging a tax on the shops. He referred to the tax being charged on the shops in New York; therefore, most people shop in New Jersey. He then proceeded to explain he would like the Council to go to the legislature for authorization to raise the resort tax to 5%. Raj Singh, Sea View Hotel, stated the convention tax imposed by Miami Beach can only be used for the convention center. He believes the Village should have an outside consultant to determine what people are driving as a benefit. As well as, how much they are contributing to the resort tax. It was suggested that Mr. Weiss explore requesting authorization from the legislature for 3% for the restaurants, as well as raising the tax to 4% for hotels and 2% for the restaurants. Mr. Weiss stated he will have a report for the next meeting outlining the different options available, including a report on the issue of the Regular Council Meeting 5/21/96 2 191 shops. Councilman Boggess explained in the past 1/3 of all resort taxes were set aside for beach renourishment. Several years ago the Resort Tax Committee wanted more funds for their purposes, and the Village Manager checked with the Corps of Engineers. At that time, the Village was told one million in reserve would be adequate. In his opinion, the Village was ill advised, but had no other advise to the contrary. Therefore, the Council agreed to release the surplus over one million dollars. Consequently, the funds have been spent on additional advertising and promotional activities. Now the Village finds the Corps of Engineers dragging their feet on the renourishment of the beach. Therefore, the Village may have to renourish the beach as they did in the past. Raj Singh requested a copy of the letter from the Army Corps of Engineers in reference to one million dollars being adequate for the beach renourishment reserve. Mayor Spiegel stated when Mrs. Horton returns this issue will be researched. Charles Brown, President Civic Association, stated if a hotel is built on the Bal Harbour Club site this would bring in more resort tax. Therefore, raising the tax would not be necessary. C. Village Manager: Purchase of Radar Units for Motorcycles: Mr. Treppeda explained the radar units, which were utilized on the Kawasaki motorcycles, do not fit on the new Harley Davidson motorcycles. He further explained Chief Freeman and Mrs. Thompson researched radar units and determined that the best radar unit is the one made by Decatur Electronics. At this time, he requested authorization to purchase two motorcycle radar units from Decatur Electronics at $1,563.00 each. He continued to explain there would be no cost to taxpayers since the units would be paid for out of the police forfeiture fund. A motion was offered by Councilman Hirschl 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 absent. Proposed New Guard House for Security District: Mr. Treppeda stated that Charles Brown, President of the Ba1 Harbour Civic Association, has advised him that the Association has decided to tear down the existing guard house and build a new improved one. He then proceeded to explain funding for this project comes solely from the annual assessment charged to property owners in the Security District. Mr. Brown has advised they would like the Regular Council Meeting 5/21/96 3 '0? project to stay within a budget of about $100,000.00. There is $58,317.00 in undesignated fund balance available for this project. The balance would be generated by a possible increase in the Security District Assessment. Mr. Treppeda explained that no Council action is requested at this time, and that any increase in the Security District Assessment will need to be approved by the Council in the budget process. Charles Brown, President of the Bal Harbour Civic Association, explained the background for the decision to build a new guard house. Such as the electrical work, landscaping. and the existing guard house being too small. Councilman Hirschl suggested that a letter be sent to the entire membership of the Security District informing them that the Association is considering building a new guard house. As well as, informing them that there is a possibility of raising the Security District Assessment. In doing this, the Association would get the input of the membership. Discussion of Village Ha11 Renovations: Mr. Treppeda explained the Village is currently working on plans for the renovations of Village Hall to meet the requirements of the Americans with Disabilities Act(ADA). The proposed renovation brings the Village into compliance with the ADA; however, it does not address the shortage of office and storage space that we are experiencing in Village Hall and the Police Department. He then proceeded to explain since the Village is about to begin the construction project, now is the time to consider the possibility of expanding the current building to provide much needed additional space for the departments to operate in. Mr. Treppeda explained there are three expansion options which should be considered, which are as follows: 1) Enclose the gap on the second floor of Village Hall 2) Enclose the outside parking garage and add a second story to it 3) Connect the second floor of Village Hall to a second story on the parking garage At this time, he requested the Council discuss the possibility of expanding Village Hall as part of the renovation project. Discussion followed as to the increase in population that the Village will experience in the future. Therefore, the demand for Village services will increase. It was the consensus of the Regular Council Meeting 5/21/96 4 7 nr Council that a workshop be held on this issue prior to next months meeting, as well as holding an executive session. Councilman Boggess stated another mediation session is scheduled for June 10th. Resort Tax Committee Recommendations: Mr. Treppeda explained at their regular meeting held on May 14th, the Resort tax Committee recommended the following item for Council approval: Approval of up to $10,000.00 to hire a photographer to shoot locations in Bal Harbour to be determined by a subcommittee. These photos would be used to make a poster and to be utilized in advertising. The negatives will be the property of Bal Harbour Village. He then proceeded to explain the vote was 3-2 in favor of recommending this budgeted expenditure, with the vote as follows: Mr. Fine aye; Mrs. Rosenthal aye; Mr. Noboa aye; Councilman Hirschl nay; Mr. Singh nay. If this expenditure is approved by the Council, a subcommittee consisting of Mr. Singh, Mr. Valdes, and a representative from the Bal Harbour Shops, will decide on a shot list. Councilman Hirschl explained current photography does not exist of the renovations done by the Sea View Hotel and Sheraton Bal Harbour as they relate to the beach front, as well as landscape lighting both day time and night time. He further explained the majority of the Committee felt that new photography being completed would allow utilization of these photographs for the Emissary, print advertising, and for a new brochure. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl 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 absent. 9. Other Business: Mario Noto, 210 Bal Bay Drive, addressed the Council and expressed his appreciation on the improvements underneath the bridge. He then proceeded to recommend additional improvements, which are as follows: Addition of three or four more trash cans On Saturday and Sunday have the police monitor Put up bilingual signs " Do Not Litter" Regular Council Meeting 5/21/96 5 194 Put large stone and rocks to prevent damage to plants on the curbs Charles Brown, 268 Bal Bay Drive, stated the fence under the bridge should be closed at 10:00 p.m. 10. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adjourn. The motion carried unanimously (4-0), with Councilman Taplin absent, and the meeting adjourned at 10:49 a.m. Mayor Estelle Spiee Attest: eanette Horton, CMC/AAE Village Clerk Regular Council Meeting 5/21/96 6