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:
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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
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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
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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
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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"
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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
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