HomeMy Public PortalAbout1996-06-18 Regular Meeting��U U
C O U N C I L M I N U T E S
R E G U L A R M E E T I N G - J U N E 1 8 , 1 9 9 6
T h e r e g u l a r m e e t i n g o f t h e B a l H a r b o u r V i l l a g e C o u n c i l w a s
h e l d o n T u e s d a y , J u n e 1 8 , 1 9 9 6 , i n t h e C o u n c i l C h a m b e r a t B a l
H a r b o u r V i l l a g e H a l l . T h e m e e t i n g w a s c a l l e d t o o r d e r a t 9 : 3 5 a . m .
b y M a y o r S p i e g e l . T h e r o l l w a s c a l l e d a n d t h o s e p r e s e n t w e r e :
M a y o r E s t e l l e S p i e g e l
A s s i s t a n t M a y o r M a t t h e w B . B l a n k
C o u n c i l m a n J a m e s E . B o g g e s s
C o u n c i l m a n A n d r e w R . H i r s c h l
C o u n c i l m a n S o l M . T a p l i n
A l s o p r e s e n t : A l f r e d J . T r e p p e d a , V i l l a g e M a n a g e r
J e a n e t t e H o r t o n , V i l l a g e C l e r k
R i c h a r d J . W e i s s , V i l l a g e A t t o r n e y
A s a q u o r u m w a s d e t e r m i n e d t o b e p r e s e n t , t h e m e e t i n g
c o m m e n c e d .
2 . A p p r o v a l o f M i n u t e s : A m o t i o n w a s o f f e r e d b y
C o u n c i l m a n H i r s c h l a n d s e c o n d e d b y C o u n c i l m a n B o g g e s s t o a p p r o v e
t h e m i n u t e s o f t h e M a y 2 1 , 1 9 9 6 , r e g u l a r m e e t i n g . T h e r e b e i n g n o
a d d i t i o n s o r c h a n g e s , t h e m o t i o n c a r r i e d u n a n i m o u s l y ( 5 - 0 ) , a n d t h e
m i n u t e s w e r e a p p r o v e d a s s u b m i t t e d .
3 . P r e s e n t a t i o n s - O f f i c e r o f t h e M o n t h : N o n e
4 . P u b l i c H e a r i n g s : T h e V i l l a g e C l e r k a d v i s e d t h e C o u n c i l
t h a t t h e o w n e r o f t h e p r o p e r t y l o c a t e d a t T r a c t " A " S u n P l a t , i n
t h e B u s i n e s s D i s t r i c t o f B a l H a r b o u r , m o r e c o m m o n l y k n o w n a s 9 6 0 0
C o l l i n s A v e n u e i s :
1 . S e e k i n g a n o n - u s e v a r i a n c e f r o m t h e
r e q u i r e m e n t s o f S e c t i o n 2 1 - 3 1 9 ( 1 ) ( a ) ( 1 ) t o
p e r m i t s e t b a c k s o f 4 1 ' x 3 " t o t h e p r i n c i p a l
b u i l d i n g a n d 2 5 ' x 0 " t o a d r i v e t h r u c a n o p y
s t r u c t u r e w h e r e 5 0 ' x 0 " i s t h e m i n i m u m
p e r m i t t e d s e t b a c k f r o m H a r d i n g A v e n u e ( W . B a l
H a r b o u r B o u l e v a r d )
2 . S e e k i n g a p p r o v a l o f a l e v e l o f s e r v i c e
t r a f f i c a n a l y s i s i n c o n n e c t i o n w i t h a p r o p o s e d
1 5 , 0 0 0 s q u a r e f e e t b a n k f a c i l i t y ; p e r S e c t i o n
2 1 - 2 3 0 ( b )
T h e V i l l a g e C l e r k t h e n p r o c e e d e d t o s w e a r i n t h e f o l l o w i n g p e o p l e
w h o w i l l b e s p e a k i n g :
R e g u l a r C o u n c i l M e e t i n g 6 / 1 8 / 9 6
0111
Dan Nieda
Tim Plummer
Larry Kline
Lorenzo Cobiella
A. Anthony Noboa
Mayor Spiegel then proceeded to open the Public Hearing.
Dan Nieda, Building Official, read into the record the staff
recommendation, which is as follows:
The owner of the property located at Tract "A"
of Sunplat, in the Business District of Bal
Harbour, more commonly known as 9600 Collins
Avenue, is seeking a non-use variance from the
requirements of Section 21-319 (1) (a) (1),
to permit reduced setbacks along West Bal
Harbour Boulevard, (Harding Avenue).
The applicant is seeking a variance from the
requirements of Section 21-319 (1) (a) (1) to
permit a front yard setback of 41' x 3" to the
principal structure and 25' x 0" to the drive
thru canopy structure where 50' x 0" is the
minimum required front (west) setback.
Review of Drawing A-2 reveals that the
existing bank building and drive thru tellers
will be demolished with the exception of the
vault which will remain as part of the
temporary banking facility and serve as an
anchor in the new site plan scheme. The
existing vault located at the northwest corner
of the Bank's footprint is connected to the
proposed drive thru teller's canopy structure.
The new drive thru teller location facilitates
the east to west queing of vehicular traffic
to be contained within the bank property.
The existing bank and drive thru tellers today
extend into the required setback area along
West Bal Harbour Boulevard. The proposed
drive thru teller location greatly improves
vehicular movement and reduces congestion
created by traffic exiting into the southwest
corner of 96th Street.
The proposed banking facility is configured as
a 148' long by 60' wide radial structure with
a working point approximately located on the
southwest corner of the site. The building is
oriented north to south along the 148' axis
Regular Council Meeting 6/18/96
2
202
which serves to relieve the southwest corner
of the existing building mass. This creates
an opportunity to create sight lines to the
new bank facility, and develop a more pleasant
landscaped intersection of West Bal Harbour
Boulevard and 96th Street.
The proposed SunTrust Bank facility is much
smaller in square footage, lower in height and
generates less vehicular traffic than the
existing bank facility. I believe that this
is an elegant and appropriately designed
building, which favorably highlights the
southern approach to Bal Harbour.
This proposed structure is compatible with the
surrounding uses of the Business District, and
will not be detrimental to its neighbors.
Accordingly. I recommend that this non-use
variance from the setback requirement of
Section 21-319 (1) (a) (1) be granted.
Councilman Hirschl asked about the new bank facility generating
less vehicular traffic than the existing bank facility. Mr.
Plummer, of David Plummer & Associates, Inc., explained the gross
trips generated by the existing bank and the proposed bank were
determined for the average weekday, the a. m. peak hour, and the
p.m. peak hour. He further explained the number of gross trips
generated for the proposed building size is lower than the number
of gross trips generated by the existing building size in all
analysis scenarios.
Mr. Noboa, explained the proposed bank facilities will be smaller,
but more people are using electronic banking, which will effect the
traffic flow.
Discussion followed. Councilman Boggess stated the turn onto 96th
Street should be a right turn only. Mr. Treppeda asked if the
palm trees will be able to stay, or will they have to be moved.
Mr. Cobiella replied they will more than likely have to be moved.
There being no further comments, Mayor Spiegel closed the public
hearing.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to approve the level of service traffic analysis
and the applicant's request for a variance subject to the following
conditions:
Right turn only onto 96th Street
Regular Council Meeting 6/18/96 3
d)
2.3
Department of Transportation approval to
moving trees closer to Collins Avenue
Building Official approval as to curve cut and
interference with employee parking
If Department of Transportation approves the
moving of the trees, the moving, electrical,
and irrigation will be done at the expense of
the Bank
5. Ordinances First Reading: None
6. Ordinances Second Reading/Public Hearings: None
7. Resolutions:
A. The Resolution was read, by title, by the Village
Clerk extending the Franchise Agreement for Goldcoast Cablevision.
Mr. Treppeda explained staff has completed the Ordinance which was
approved by the Village Attorney's office. He further explained
the draft of the Ordinance was also sent to Goldcoast Cablevision
for their review. At this time, they have not gotten back to staff
with their comments.
Councilman Boggess stated the service they are giving is not
acceptable to him, since he has experienced many blackouts. Mr.
Treppeda explained Kevin Grossman, of Goldcoast Cablevision, will
be attending the July public hearing. and should be able to respond
to the complaints. Mr. Weiss stated since the complaints go to the
County, a representative from the County should also be present at
the July public hearing.
Mr. Treppeda stated he will forward a copy of the draft of the
Ordinance to the Council for their review.
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. 528
A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA,
EXTENDING THE FRANCHISE AGREEMENT FOR
GOLDCOAST CABLEVISION; PROVIDING FOR AN
EFFECTIVE DATE.
B. The Resolution was read, by title, by the Village
Clerk establishing Security Procedures for Elections. Mrs. Horton
explained the Florida Legislature, in the 1995 Session, enacted
Regular Council Meeting 6/18/96 4
204
Florida State Statute Section 100.3605 which makes the existing
election code requirements mandatory for municipal elections. She
then proceeded to explain under the new requirements, the Village
has three options from which to choose, which are as follows:
1. Arrange for the Dade County Supervisor of
Elections to perform the elections under the
County's security procedures.
2. The Village may exempt itself from the
statutory security procedures by passing an
ordinance which requires two public hearings.
This would require an explanation as to why
the Village should not meet the security
requirements.
3. The Village may perform all or some
portion of our elections and develop our own
security procedures.
Our Village Attorney's office has recommended that the Village
select option #3, where we develop our own security procedures.
This option is less expensive for the Village and allows us to
maintain control over our election procedures.
Mrs. Horton continued to explain that Metro -Dade Supervisor of
Elections, David Leahy, has produced a Security Procedures Manual
which has been reviewed and approved by our Village Attorney's
office.
Approval of this Resolution provides for the transmittal of the
Security Procedures Manual to the Division of Elections, Bureau of
Voting Systems. They have 90 days in which to review the document
and either approve or recommend changes to the Manual. This Manual
must be approved by the Division of Elections and in place 90 days
prior to the Village's next election in April.
Mr. Weiss explained the Village has always used security procedures
in conducting their elections, but are now required to have the
procedures in writing.
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. 529
A RESOLUTION OF THE VILLAGE OF BAL HARBOUR,
FLORIDA, ESTABLISHING SECURITY PROCEDURES FOR
ELECTIONS; PROVING FOR AN EFFECTIVE DATE.
Regular Council Meeting 6/18/96 5
927
8. Beach Renourishment - Brian Flynn: At this time, this
item was deferred, since Mr. Flynn had not arrived.
9. Re -Appointment Members Resort Tax Committee: Mr.
Treppeda explained in accordance with Section 18-43 of the Bal
Harbour Village Code, the appointments to the Resort Tax Committee
will expire in July of this year. Membership is comprised of
individuals who either reside in Bal Harbour, or who have
experience in tourism and/or tourism related activities.
The current membership of this Committee is as follows:
Andrew R. Hirschl, Chairman
Stanley Whitman, Bal Harbour Shops
Raj Singh, Sea View Hotel
A. Anthony Noboa, SunTrust Bank
Jaime Valdes, Sheraton Bal Harbour
Mr. Treppeda explained Mr. Whitman, Mr. Singh, and Mr. Noboa have
confirmed they are willing to continue to participate on this
Committee.
Mr. Zarzosa, Assistant General Manager of the Sheraton Bal Harbour,
explained Mr. Valdes is out of town, but he is willing to continue
to participate on this Committee.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Taplin to re -appoint the existing members of the
Committee. 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. Reports and Recommendations:
A. Mayor and Council: None
B. village Attorney:
Municipal Resort Tax: Mr. Weiss outlined the
different options available, actions to be taken and the time
constraints involved in amending the resort tax. The options are
as follows:
OPTIONS
1. Maintain the
status quo and
take no remedial
action
2. Retain current
uniform rate of
ACTION TO BE TAKEN TIME CONSTRAINTS
Defend any litigation
and seek amendment to
enabling legislation if
defense is not a success
not applicable
Obtain amendment of Retain lobbyist
enabling legislation and prepare
Regular Council Meeting 6/18/96
6
Zt1b
taxation of 3%
food/beverage/
tax and room tax
3. Reduce the food/
beverage/alcoholic
beverage tax to 2%;
maintain the room
tax at 3%
4. Reduce the food/
beverage/alcoholic
beverage tax to
2%; increase the
room tax to 4%
5. Retain room tax of
3% and increase
food/beverage tax
to anything over
2%
6. Provide food/
beverage/alcoholic
beverage tax rate
above 4%
by Florida Legislature proposed
permitting food/beverage legislation for
tax to be 3% filing by
November 1996 for
March 1997
session
Amend Village Charter
Section 5(a) and
Section 18-29 of
the Village Code, to
reflect the amendment
Amend Village Charter
Section 5(a) and
Village Code Section
18-29 to reflect the
amendment
Amend Village Charter
Section 5(a) and
Village Code Section
18-29; obtain
amendment to enabling
legislation by Florida
Legislature to permit
food tax in excess
of 2%
Obtain amendment
of enabling
legislation by
Florida Legislature
Ordinance and
Resolution
providing for
referendum must
be adopted no
later than August
2, 1996 to be
placed on October
1,1996 election
ballot
Ordinance and
Resolution
providing for
referendum must
be adopted no
later than August
2, 1996 to be
placed on the
October 1, 1996
election ballot
Retain lobbyist
and prepare
proposed
legislative
amendment for
filing by
November 1996
for March 1997
session
Retain lobbyist
and prepare
proposed
legislative
amendment for
filing by
November 1996 for
March 1997
session
Discussion followed on the different options. Councilman Boggess
stated in his opinion a decision should not be made today, but a
workshop should be scheduled to discuss what the needs of the
Regular Council Meeting 6/18/96
7
Village will be, and how the Village will pay for them. Councilman
Taplin stated 50% of the resort tax collected should be for the
beach.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess for discussion on having a referendum increasing
the room tax to 4% and reducing the food/beverage to 2%.
Frost Walker, Attorney for Sheraton Bal Harbour; Dan Paul, Attorney
for Sea View Hotel; John Koscher, Controller Sheraton Bal Harbour;
Amadeo Zarzosa, Assistant General Manager Sheraton Bal Harbour; all
opposed raising the room tax to 4%. Mr. Whitman spoke in favor of
lobbying the Legislature to raise the room tax to 6%.
Councilman Boggess suggested holding the referendum on the Resort
Tax in conjunction with the Council election in April 1997. This
would give the Council an opportunity to hold a workshop on this
issue.
A motion was offered by Councilman Hirschl to amend the motion to
have a workshop on raising the Resort Tax from 4% to 6%. There was
no second to this motion.
The motion to hold a referendum increasing the room tax to 4% and
reducing the food/beverage to 2% carried with the vote as follows:
Mayor Spiegel aye; Assistant Mayor Blank nay; Councilman Boggess
nay; Councilman Hirschl aye; Councilman Taplin aye.
At this time, the Council returned to item 8 on the agenda.
8. Beach Renourishment- Brian Flynn: Mr. Flynn
addressed the Council and explained Bal Harbour is scheduled for
renourishment in the summer of 1997. He further explained at this
time Bal Harbour is number three on the list for renourishment, but
may move to number one due to the location of the sand source. He
then proceeded to explain they have located a sand source off
Haulover Cut, which is the reason Bal Harbour could be number one
for renourishment. The Village also has the option of renourishing
the beach and paying the full cost.
Councilman Hirschl requested Mr. Flynn provide the Village Manager
with a memo of what he discussed at this meeting. Mr. Flynn
replied he would send the Manager a memo outlining what he
discussed today.
C. Village Manager:
Greenstone Roberts: Mr. Treppeda explained he
received a letter from Greenstone Roberts Advertising, stating the
sudden resignation of Rene Guim forced the company to re-examine
their relationship with Bal Harbour Village. He further explained
they would like to resign from the advertising portion of the
Regular Council Meeting 6/18/96 8
208
account and retain the public relations portion. He continued to
explain the Village's Agreement allows either party to terminate it
upon written notice to the other party at least 60 days prior to
the effective date of such termination. The Agreement requires
that the Village allow Greenstone Roberts to continue both
advertising and public relations for the next 60 days. They
advised that they do wish to continue both functions for the next
60 days.
Mr. Treppeda explained at this time,the Council has the following
options:
Direct staff to put out a request for
proposals for advertising and public
relations.
Direct staff to put out a request for
proposals for advertising and retain
Greenstone Roberts for public relations.
They have proposed to enter into a public
relations agreement after the 60 day notice
has expired.
Alice Fisher, Greenstone Roberts, addressed the Council and gave a
brief history of her association with the Village in public
relations. She requested the Village retain her to continue
handling the public relations for the Village. Stanley Whitman,
Bal Harbour Shops, spoke in support of Ms. Fisher.
It was the consensus of the Council that staff should advertise a
request for proposals for advertising and public relations
services. The Request For Proposals should be advertised to permit
companies to bid on the advertising alone, the public relations
alone, or both the advertising and public relations together.
Village Ha11 Expansion Work: Mr. Treppeda explained at
the recent workshop meeting, it was the consensus of the Council
that Middlebrooks & Associates study potential designs for the
expansion of Village Hall. He further explained the discussion
centered around two components, which are as follows:
Convert the existing parking garage behind
Village Hall into office space for the Police
Department, as well as storage for both the
Police Department and other Village Hall
departments.
Close in the gap on the second floor of
Village Hall in order to provide adequate
space for the Village's Building Department.
Mr. Treppeda then proceeded to explain Middlebrooks & Associates
Regular Council Meeting 6/18/96 9
2Or
has agreed to develop design concepts for the expansion of Village
Hall for a total cost not to exceed $3,500.00.
At this time, Mr. Treppeda requested the Council authorize
Middlebrooks & Associates to develop a design concept for the
expansion of Village Hall including converting the existing
parking garage behind Village Hall and closing in the gap on the
second floor, with a cost not to exceed $3,500.00.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to authorize Middlebrooks & Associates to develop a
design concept with the cost not to exceed $3,500.00. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl nay;
Councilman Taplin aye.
Water Distribution Improvements: Mr. Treppeda explained
Craig A. Smith & Associates has provided the Village with a lump
sum amount to carry out the necessary engineering services for the
design of water distribution system improvements in both the
Security District and on Collins Avenue.
Mr. Treppeda further explained this is the second and last phase of
adding fire hydrants to areas where they are needed to insure
proper fire fighting capability when needed. This also involves
the extension of selected water mains for added pressure and flow
to the fire hydrants. The costs for engineering for this project
are as follows:
Design Survey $ 2,000.00
Engineering Design,
Preparation of Construction
Plans a n d Specifications a n d
Permitting $10,500.00
Bidding Services $ 3,000.00
Construction Management Services $ 2,500.00
Final Project Certification $ 1,500.00
Total Engineering Fee $19,500.00
Construction Observation
Total Lump Sum Fee
$ 4,000.00
$23,500.00
At this time, Mr. Treppeda requested authorization for the
expenditure of $23,500.00 for consulting engineering services by
Regular Council Meeting 6/18/96 10
Craig A. Smith & Associates for the design of water distribution
improvements.
A motion was offered by Assistant Mayor Blank 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 aye.
11. Other Business: Mr. Weiss referred to the letter
received from Clifford A. Schulman Attorney, with the firm
Greenberg & Traurig, representing the oceanfront Beach Club
property. He is requesting that the Council hold a workshop
session this month to discuss the development of the oceanfront
Beach Club property.
It was the consensus of the Council to hold a workshop after Mr.
Nieda, the Building Official, has reviewed the plans and given the
Council a memorandum of his comments. This would give the Council
an opportunity to have some background on this issue before a
workshop is held.
Mr. Treppeda asked if the Council wished to appoint a Budget
Committee this year. It was the consensus of the Council to have
a Budget Committee, and the members are as follows:
Assistant Mayor Matthew Blank
Councilman Andrew Hirsch]
Raj Singh
Patricia Tumpson
12. Adjourn: There being no further business to come before the
Council, a motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to adjourn. The motion carried unanimously (5-
0), and the meeting adjourned at 12:35 p.m.
Mayor•Estelle Segel
Attest:
anette Horton, CMC/AAE
Village Clerk
Regular Council Meeting 6/18/96 11