HomeMy Public PortalAbout1996-07-16 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - JULY 16, 1996
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, July 16, 1996, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.m.
by Assistant Mayor Blank. The roll was called and those present
were:
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
Richard J. Weiss, Village Attorney
Absent: Mayor Estelle Spiegel
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 Councilman Boggess to approve
the minutes of the June 10, 1996, Special Meeting. There being no
additions or changes, the motion carried unanimously (4-0), with
Mayor Spiegel absent, and the minutes were approved as submitted.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to approve the minutes of the June 10, 1996,
Workshop Meeting. There being no additions or changes, the motion
carried (4-0), with Mayor Spiegel absent, and the minutes were
approved as submitted.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to approve the minutes of the June 18, 1996,
Regular Meeting. There being no additions or changes, the motion
carried unanimously (4-0), with Mayor Spiegel absent, and the
minutes were approved as submitted.
3. Presentations - Officer of the Month: None
4. Public Hearings:
The Village Clerk advised the Council that the owner of the
property located at 200 Bal Bay Drive is seeking Site Plan approval
for a proposed private club.
Mr. Weiss explained this is a quasi judicial proceeding and anyone
speaking on this issue must be sworn in by the Village Clerk.
At this time, Richard Olsen, President of the Bal Harbour Beach
Club, withdrew his application for site plan approval.
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A motion was offered by Councilman Taplin and seconded by
Councilman Boggess to defer this public hearing. The motion
carried with the vote as follows: Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
Aye; Mayor Spiegel absent.
Douglas Rudolph, 212 Bal Bay Drive, requested the public hearing
not be rescheduled before October. Mr. Olsen replied that he
opposes scheduling the hearing in October. Mr. Weiss stated the
scheduling would be up to the staff and will be re -noticed.
5. Ordinances First Reading/Public Hearings;
A. The ordinance was read, by title, by the Village Clerk
providing for the construction, operation, regulation, and control
of Cable Television Systems. Assistant Mayor Blank then proceeded
to open the public hearing. There being no comments the public
hearing was closed.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to enact this ordinance. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor
Spiegel absent, thus becoming
ORDINANCE NO. 412
AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR
PROVIDING FOR THE CONSTRUCTION, OPERATION,
REGULATION, AND CONTROL OF CABLE TELEVISION
SYSTEMS WITHIN ITS TERRITORIAL LIMITS;
PROVIDING FOR DEFINITIONS, LICENSE
REQUIREMENTS, TERMS AND LIMITATIONS, LIABILITY
AND INDEMNIFICATION, TECHNICAL AND SAFETY
REQUIREMENTS, SERVICE STANDARDS, CONDITIONS ON
USE OF STREETS AND CONSTRUCTION, INDEMNITY
BOND TO THE VILLAGE, LICENSE PAYMENTS; RATE
REGULATIONS, PUBLIC SERVICE REQUIREMENTS,
APPLICATION REQUIREMENTS, AND OTHER CONDITIONS
FOR SAME; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES, SEVERABILITY AND CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
B. The ordinance was read, by title, by the Village Clerk
amending its adopted Comprehensive Plan.
Michael Miller, Planner with the firm of Craig Smith & Associates,
addressed the Council, and explained this amendment contains all
the items identified in the Village's 1995 Evaluation and Appraisal
Report (EAR).
Discussion followed. Assistant Mayor Blank stated that, in his
opinion, this item should be deferred because there has not been
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ample time for the Council to review. Mr. Miller explained the
time frame, and stated the Village could request an extension. Mr.
Weiss advised the Council that staff should write for an extension
and defer this issue until the September meeting.
Assistant Mayor Blank then proceeded to open the public hearing.
There being no comments the public hearing was closed.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to defer this ordinance and re -advertise for
September. The motion carried with the vote as follows: Assistant
Mayor Blank aye; Councilman Hitachi aye; Councilman Boggess aye;
Councilman Taplin aye; Mayor Spiegel absent.
6. Ordinance First Reading:
The ordinance was read, by title, by the Village Clerk amending
Section 5(a) of the Village Charter and Article II "Resort Tax" of
Chapter 18 of the Village Code.
Frost Walker, Attorney for the Sheraton Bal Harbour, addressed the
Council and explained in his opinion raising the Resort Tax is
unfair to the Sheraton Bal Harbour, since they pay 85% of this tax.
He then requested the Council defer this ordinance.
Raj Singh, General Manager of the Sea View Hotel, addressed the
Council and explained it was Dan Paul the Sea View Attorney who
discovered that the Village was not complying with State Law in
reference to charging 3% on food and beverage when by State Law
only 2% should be charged. He then proceeded to explain that this
issue was investigated, because the funds reserved for beach
renourishment were reallocated without public knowledge.
Therefore, in his opinion, Resort Taxes are not being used
properly. He then requested the Council to reconsider raising the
Resort Tax.
Stanley Whitman, Bal Harbour Shops, addressed the Council and gave
a brief history of the Resort Tax. He then proceeded to rebut the
comments given by the Sheraton Bal Harbour attorney and the Sea
View Hotel.
Councilman Taplin stated, in his opinion, the increase is necessary
due to the renourishment that is necessary for the Village's
beaches.
Councilman Boggess stated, in his opinion, this issue needs to be
studied further. He further suggested that the ordinance be
amended to authorize an increase "up to" 4% on room tax and up to
2% on food an beverage.
Mr. Weiss suggested enacting this ordinance on first reading as it
reads now, and he will draft language up to for second reading.
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A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to enact this ordinance. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor
Spiegel absent, thus becoming
ORDINANCE NO. 411
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA,
AMENDING SECTION 5(a) OF THE VILLAGE CHARTER
AND ARTICLE II "RESORT TAX" OF CHAPTER 18 OF
THE VILLAGE CODE; RATIFYING THE CURRENT RESORT
TAX OF THREE PERCENT UPON THE RENTAL OF ROOMS
UNTIL AMENDED HEREIN; PROVIDING FOR A FOUR
PERCENT TAXATION RATE ON THE RENTAL OF ROOMS,
AND OF TWO PERCENT ON THE RETAIL SALE OF FOOD
AND BEVERAGES, AND ALCOHOLIC BEVERAGES;
REVISING THE VILLAGE CODE TO REMOVE THE
EXEMPTION FOR BEER AND MALT BEVERAGES AND TO
INCLUDE A LEVY OF THE RESORT TAX UPON THE
RETAIL SALE OF FOOD AND BEVERAGE SOLD FOR
CONSUMPTION OFF THE PREMISES, AND OTHER THAN
ALCOHOLIC BEVERAGES; ADOPTING ADDITIONAL
ENFORCEMENT AND COLLECTION POWERS; SHORTENING
THE TIME FOR PROVIDING A CLAIM FOR REFUND FROM
THREE YEARS TO ONE YEAR; PROVIDING FOR
REQUISITE BALLOT LANGUAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR EFFECTIVE DATES FOR THE
CHARTER AMENDMENT AND THE CODE AMENDMENT.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to direct the Village Attorney to explore the
flexibility to have the ordinance read up to four percent. The
motion carried with the vote as follows: Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
aye; Mayor Spiegel absent.
7. Ordinances Second Reading/Public Hearing: None
8. Resolutions:
A. The resolution was read, by title, by the Village Clerk in
support of 8.1811 and H.R. 3351, titled "The Shore Protection Act
of 1996."
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to adopt this resolution. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin Aye; Mayor
Spiegel absent, thus becoming
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RESOLUTION NO. 531
A RESOLUTION OF THE VILLAGE OF BAL HARBOUR,
FLORIDA, IN SUPPORT OF S.1811 AND H.R. 3351,
TITLED "THE SHORE PROTECTION ACT OF 1996,"
URGING THE BILL'S QUICK PASSAGE, AND PROVIDING
FOR AN EFFECTIVE DATE.
B. The resolution was read, by title, by the Village Clerk
approving the Joint Project Agreement with the State of Florida
Department of Transportation.
A motion was offered by Councilman Boggess and seconded by
Councilman Taplin to adopt this resolution. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor
Spiegel absent, thus becoming
RESOLUTION NO. 532
RESOLUTION OF THE VILLAGE OF BAL HARBOUR,
FLORIDA, APPROVING THE JOINT PROJECT AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND BAL HARBOUR VILLAGE;
AUTHORIZING EXECUTION BY THE VILLAGE MANAGER
AND PROVIDING FOR AN EFFECTIVE DATE.
9 Re -Appointment of Members for Architectural Review Board:
Assistant Mayor Blank explained all of the current members of this
Board have expressed their desire to continue to serve. The
members are as follows:
James Silvers
William O'Leary
Giorgio Balli
Paul Buzinec
Maria De Leon Fleites
Mr. Weiss advised Council according to the Village's Code two
members are chosen by the Council and two members by the Civic
Association, and the fifth member by the Board.
Charles Brown, President of the Civic Association, stated he will
write a letter re -affirming two members.
A motion was offered by Councilman Hirschl and seconded by
Councilman Taplin to approve the re -appointments. The motion
carried with the vote as follows: Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; councilman taplin
aye; Mayor Spiegel absent.
The Council directed Mr. Weiss to write an amendment to the Code to
have all the members to this Board chosen and appointed by the
Council.
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10. Selection of Hearing Dates:
The Village Clerk advised the Council in accordance with the
Florida State Statute Truth in Millage (TRIM), the Village cannot
hold their Public Hearings on the same day as the School Board or
County. The County's hearing dates are September 4th and 18th.
The School Board hearing dates are July 29th and September llth.
She further explained that State Statute requires the hearings be
held after 5:00 p.m. The dates suggested for the Council's
consideration are as follows:
First Public Hearing - Tuesday September 3rd
Second Public Hearing - Tuesday September 17th
or
First Public Hearing - Thursday September 5th
Second Public Hearing - Thursday September
19th
It was the consensus of the Council to hold the Public Hearings on
Thursday September 5th, and 19th.
11. Reports and Recommendations:
A, Mayor and Council: None
B. Village Attorney:
Report on Meeting with Clifford Schulman. of
Greenberg Traurig. re: Oceanfront Club Property: Mr. Weiss
explained at the last Council meeting he was directed with Village
staff to meet with Mr. Schulman and go over their plans. He
further explained the meeting took place and Mr. Schulman again
requested a workshop meeting with the Council. Mr. Weiss explained
he advised them he would advise the Council that they requested a
workshop.
Clifford Schulman, attorney with offices at 1221 Brickell Avenue,
addressed the Council and explained conceptual plans were submitted
to the Building Official. He further explained meetings were held
with Mr. Miller, Planner from Craig Smith & Associates, as well as
with Mr. Weiss, Mr. Treppeda and Mr. Neida. At this time, again he
requested the Council to allow them to appear before them at a
workshop sometime at the end of July. This would allow them to
receive some input from the Council and they realize no formal
action would be taken at that time.
At this time, Councilman Boggess requested the input from the
Village Attorney. Mr. Weiss explained the issue as to whether the
Council hold a workshop on this is up to the Council. He further
explained some Councils do so it and some Councils say submit your
application and they will deal with it when it is submitted. It is
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091
really a Council decision on whether they are interested in doing
a workshop or not.
Councilman Taplin asked what could be accomplished in holding a
workshop on this issue. Mr. Schulman replied that at a workshop
they could present the concepts in the plans and basically receive
some informal feedback from the Council. He further explained
they would like to discuss the concepts, and show the plans. He
continued to explain they would still have to file with the Council
to re -zone this property and for whatever variances that might be
necessary.
Councilman Hirschl stated, in his opinion, it sounds like a short
cut and he is concerned. Mr. Schulman responded that this might be
called a short cut. Councilman Hirschl stated that Mr. Schulman was
allowed to meet with the Village's staff to review the concepts.
Mr. Schulman replied yes they met with staff.
Discussion followed as to the pros and cons for holding a workshop
as requested. Mr. Schulman stated that the Architects were aware of
the Village's Zoning Code. He explained the concept is to build a
39 story building, and the footprint will be decreased.
Joni Blachar, 63 Camden Drive, addressed the Council and stated she
agrees with Councilman Hirschl, that it is not proper for the
Council to hold a workshop meeting on this issue.
John Scala, 101 Biscay Drive, addressed the Council and asked them
to please consider the original master plan of Bal Harbour. In his
opinion, the zoning of this property should go before the voters.
Dr. Ira Lelchuk, 169 Camden Drive, addressed the Council and stated
that the Village Attorney was supposed to report on his meeting
with Clifford Schulman, and make a recommendation on that. He
further stated to his knowledge that in the ordinances and laws of
the Village, there is no provision for a workshop.
Councilman Hirschl stated if at an informal meeting certain
comments, certain opinions, certain feelings of Council members are
expressed, what are the legal issues regarding those remarks. Mr.
Weiss replied if a workshop was held, he would preface the workshop
by saying that these are just comments, that they're just part of
a workshop, they're not intended to convey the Council members'
final disposition on this matter, it's just their thoughts at that
particular time. In this way it would not be prejudicial to the
Council. He continued to explain the Village could have them sign
a stipulation saying that none of the comments, none of the
discussion at the workshop would be used in any sort of proceedings
at all. Mr.Schulman agreed.
Councilman Hirschl stated that Mr. Schulman's client has been able
to obtain the opinion of the Council members individually.
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Councilman Boggess stated he had dinner with the Libfeld brothers,
and he laid down certain ground rules, which were they were not
going to discuss zoning. The only advice he gave them was that
they know the Village's rules and regulations.
Councilman Taplin stated he can see nothing wrong with looking at
the plans at one of the regular meetings. Although he does not
know what can be accomplished by holding a workshop and if it does
not hurt the Village, then let them come and show the Council what
they want to do. Assistant Mayor Blank agreed.
Patricia Tumpson, 10185 Collins Avenue, addressed the Council and
stated that whether it's done through a workshop, or whether it's
done some other way, she would like to know what's going on.
Charles Brown, President of the Ba1 Harbour Civic Association,
addressed the Council, and stated in his opinion the request for a
workshop is an outrageous request.
Mr. Weiss advised the Council that either a motion is offered to
have a workshop or no motion, then proceed to the next item on the
agenda.
There was no motion offered, and the Council moved to the next item
on the agenda.
C. Village Manager:
Final Design Concept for village Hall Expansion and
Americans with Disabilities (ADA) Renovations: Mr. Treppeda
explained that Mr. Fernandez, of the firm Middlebrooks &
Associates, is present to show the final design concepts for the
expansion and renovation of Village Hall. He further explained at
the last council meeting Middlebrooks & Associates was authorized
to prepare plans for converting the parking garage behind Village
Hall into office space for the police department and for enclosing
a gap on the second floor for the Building Department. He
continued to explain if the Council is in agreement with the final
design concepts, the next step would be to authorize Middlebrooks
& Associates to prepare construction documents.
Mr. Fernandez displayed the design concept for the Council. After
much discussion it was the consensus of the Council not to enclose
the gap on the second floor, have the doors comply with the code,
and enclose the parking garage for the Police Department and
Building Department.
Purchase of garbage Truck: Mr. Treppeda explained
the Village has two garbage trucks which have reached the end of
their useful life. One of these trucks have been dedicated to the
Sheraton Ba1 Harbour exclusively and the other one has been
utilized for general garbage pick-up. He then proceeded to explain
Regular Council Meeting 7/16/96 8
the Village's Public Works Supervisor Robert Wheldon has
recommended that the Village begin purchasing diesel trucks. The
reason being that diesel fuel is less expensive than unleaded fuel
and diesel engines last much longer and require less maintenance
than conventional engines. At this time, he requested the Council
approval the purchase of one Mack MR688S garbage truck with Leach
2RII 25 cubic yard rear loader in the amount of $119,233.12.
A motion was offered by Councilman Boggess and seconded by Council
Hirschl to approve this purchase. The motion carried with the vote
as follows: Assistant Mayor Blank aye; Councilman Boggess aye;
Councilman Hirschl aye; Councilman Taplin aye; Mayor Spiegel
absent.
Approval of Collective Bargaining Agreement between
Bal Harbour Village and the Police Benevolent Association: Mr.
Treppeda explained as discussed at the Special Meeting held on July
10, 1996, the Village has come to an agreement with the Dade County
Police Benevolent Association on a three year contract with the
Police Department. At this time, he requested Council approval of
the three year contract between the Village and the Dade County
Police Benevolent Association. The Village's police officers have
voted in favor of accepting this agreement.
A motion was offered by Councilman Taplin and seconded by
Councilman Boggess to accept the year contract. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor
Spiegel absent.
Quarterly Financial Report; Mr. Treppeda explained
this report shows that at the end of the 9th month of this fiscal
year the General Fund is 61% expended; Tourism Fund 42%; Water Fund
52% and the Sewer Fund 57%. The revenues collected for the General
Fund 83%; Tourism Fund 79%; Water Fund 75%; Sewer Fund 67%.
A motion was offered by Councilman Taplin and seconded by
Councilman Hirschl to approve the report. The motion carried with
the vote as follows: Assistant Mayor Blank aye; Councilman Boggess
aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor Spiegel
absent.
Discussion of Resort Tax Issues:
Press Kit Folders: Mr. Treppeda explained the
Village is completely out of press kit folders which are sent out
when people request information on Bal harbour as a tourist
destination. He further explained Greenstone Roberts has provided
him with three prices for producing wither 10,000 or 20,000 of
these folders. The prices are as follows:
Company Name Price for 10.000 Price for 20.000
Regular Council Meeting 7/16/96 9
Central Press
Central Florida Press
Moran Printing Company
$7,94.00
$7,520.00
$8.750.00
$10,890.00
$10,930.00
$12,675.00
Mr. Treppeda requested the Council approve that Central Press print
20,000 press kit folders.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to approve this purchase. The motion carried
with the vote as follows: Assistant Mayor Blank aye; Councilman
Boggess aye; Councilman Hirschl aye; Councilman Taplin aye; Mayor
Spiegel absent.
August Cover of Tropical Tribune; Mr. Treppeda
explained that Mr. Chetty has requested to know if the Village is
interested in purchasing the front cover of the Tropical Tribune
for August, since that is the month of gal Batbour's 50th
Anniversary. He further explained the' cost for the cover if
purchased is $1,500.00.
A motion was offered 15y Councilman Boggess and seconded by
Councilman Taplin to defer this until the December wrap of the 50th
Anniversary events. The motion carried with the vote as follows:
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirschl aye; Councilman Taplin aye; Mayor Spiegel absent.
12. other Business: None
13. Adjourn; There being no further business to come before
the Council, a motion was offered by Councilman Hirschl and
seconded by Councilman Boggess to adjourn. The motion carried
unanimously (4-0), with Mayor Spiegel absent, and the meeting
adjourned at 12:35 p.m.
Assistant Mayor Matthew B. Blank
Attest
eanette Hortoh, CMC/AAE
village Clerk
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