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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. Zit 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 Regular Council Meeting 7/16/96 2 9014.0. 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. Regular Council Meeting 7/16/96 3 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 Regular Council Meeting 7/16/96 4 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. Regular Council Meeting 7/16/96 5 z'GU 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 Regular Council Meeting 7/16/96 6 091 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. Regular Council Meeting 7/16/96 7 off 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 Regular Council Meeting 7/16/96 10