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HomeMy Public PortalAbout1996-07-30 Special Meeting97r.' COUNCIL MINUTES SPECIAL MEETING - JULY 30, 1996 The special meeting of the Bal Harbour Village Council was held on Tuesday, July 30, 1996, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 4:20 p.m. by Assistant Mayor Blank. The roll was called and those present were: Assistant Mayor Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Also present: Alfred J. Treppeda, Village Manager Jeanette Horton, Village Clerk David Wolpin, Village Attorney Absent: Mayor Estelle Spiegel Councilman Sol M. Taplin As a quorum was determined to be present, the meeting commenced. 2. Ordinances Second Reading/Public Hearing: A. The Ordinance was read, by title, by the Village Clerk providing for the construction, operation, regulation, and control of Cable Television. Assistant Mayor Blank comments, n proceeded Assistant to open the Public Hearing. There being Mayor Blank closed the Public Hearing. Council discussion followed. Councilman Boggess suggested that the Gold Coast Cable's office should be open until 10:00 p.m. Mr. Treppeda explained at the September Council meeting there will be a public hearing as required before the franchise agreement is renewed. Councilman Hirschl asked Mr. Wolpin if this ordinance is adopted on second reading would the Council be able to vent various concerns, and actually not approve the franchise agreement at the next meeting. Mr. Wolpin replied this proposed ordinance serves as an amendment to the Village's enabling ordinance. Therefore, it would not prevent the Council to require the Cable operator, in order to obtain their license renewal, to meet standards of consumer services that the Council feels are necessary. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to enact this ordinance. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming ORDINANCE NO. 412 AN ORDINANCE OF THE VILLAGE OF BAL HARBOUR PROVIDING FOR THE CONSTRUCTION, OPERATION, ZGb 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, PUBLIC SERVICE REQUIREMENTS, APPLICATION REQUIREMENTS, AND OTHER CONDITIONS FOR SAME; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, SEVERABILITY AND CODIFICATION; AND PROVIDING AN EFFECTIVE DATE. B. 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. Mr. Wolpin explained this ordinance would allow the voters to vote to amend the Village's Charter. That would allow a Resort Tax up to four percent on room rentals and up to two percent on the food, beverage, and alcoholic beverages. Assistant Mayor Blank then proceeded to open the Public Hearing for comments. Raj Singh, Sea View Hotel, questioned the language of up to four percent on room rentals. Mr. Wolpin replied the language of up to is stated on page 2 of the ordinance. Mr. Singh then proceeded to question the change from three years to one year to file a claim for refund. Mr. Wolpin replied this change further enhances the position of the Village There being no further comments, Assistant Mayor Blank proceeded to close the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to enact this ordinance. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin 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, Special Council Meeting 7/30/96 2 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, 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 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. 3. Resolutions: A. The resolution was read, by title, by the Village Clerk calling for a special election to propose an amendment to the Village Charter to amend the Bal Harbour Village Municipal Resort Tax to conform with state law. Assistant Mayor Blank then proceeded to open the Public Hearing for comments. There being none, Assistant Mayor Blank closed the Public Hearing A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adopt this resolution. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent, thus becoming RESOLUTION NO. 533 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, CALLING A SPECIAL ELECTION TO PROPOSE AMENDMENT TO THE VILLAGE CHARTER TO AMEND THE BAL HARBOUR MUNICIPAL RESORT TAX TO CONFORM TO STATE LAW; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. Councilman Boggess asked if this special election will be held in conjunction with the County. The Village Clerk replied yes. Mr. Whitman, Bal Harbour Shops, asked if the Council placing an advertisement advising the citizens of what election will have on them. Mr.Wolpin suggested the Council may want to authorize Manager to place an advertisement so the electors are to the importance of the Charter amendment. Special Council Meeting 7/30/96 considered impact this the Village informed as Discussion followed as to advising the electorate, such as an article in the newsletter or letter to the electorate. It was the consensus of the Council that the Village Manager be authorized to send a letter to the electorate explaining the issue and the cost to be paid for out of Resort Tax funds. B. The resolution was read, by title, by the Village Clerk approving a Sovereignty Submerged Lands lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adopt this resolution. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hitachi aye; Mayor Spiegel and Councilman Taplin absent, thus becoming RESOLUTION NO. 534 A RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, APPROVING A SOVEREIGNTY SUBMERGED LANDS LEASE WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE SAID LEASE; PROVIDING FOR AN EFFECTIVE DATE. C. The resolution was read, by title, by the Village Clerk approving the Statewide Mutual Aid Agreement and Modification Number 1. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to adopt this resolution. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschi aye; Mayor Spiegel and Councilman Taplin absent, thus becoming RESOLUTION NO. 535 A RESOLUTION OF THE VILLAGE OF BAL HARBOUR, FLORIDA, APPROVING THE STATEWIDE MUTUAL AID AGREEMENT AND MODIFICATION NUMBER 1 TO SAID STATEWIDE MUTUAL AID AGREEMENT, PROVIDING FOR MUTUAL AID IN DISASTERS, PROVIDING FOR AN EFFECTIVE DATE. 4. Storm Drain Protect/Bid Award: Mr. Treppeda explained since the Pump Station was redesigned and the bids were separated into two parts, Pump Station and Collection System Improvements, the bids received were lower. He continued to explain the Village Engineers, Craig A. Smith & Associates, have recommended the low bidders on each of the two portions of the project. The low Special Council Meeting 7/30/96 4 bidders are as follows: Pump Station Poole & Kent $1,170,000.00 Collection Svstew Improvements Telcon, Inc. $ 902,893 60 Councilman Hirschl asked Mr. Landis, of Craig A. Smith & Associates, if he had any experience with these vendors. Mr. Landis replied yes. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to award the bids for the Storm Drain Project to the lowest bidders, Poole & Kent and Telcon, Inc. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 5. Approval for Final Plans and Authorization to Proceed with Construction Documents for Village Hall Renovations/ Expansion: Mr. Treppeda explained Mr. Fernandez, of Middlebrooks & Associates, will present the final plans for the proposed renovations to Village Hall as required by the Americans with Disabilities Act and the proposed expansion to provide additional office space for the Police Department and Building Department. He further explained the expansion will be behind accomplished by enclosing the existing parking Village Hall. At this time, Mr. Fernandez displayed the final plans for the renovation and expansion. Councilman Hirschl asked if the plans include fixing the window leaks in the accounting department. Mr. Fernandez replied no. Mr. Treppeda stated that he will have these repairs done in house. Mr. Treppeda explained if the Council approves the final plans, the next step will be to authorize Middlebrooks & Associates to prepare construction documents and bid out the project. A motion was offered by Councilman Boggess and seconded by councilman Hirschl to proceed with this project. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. At this time, he requested approval of Middlebrooks & Associates' bill of $17,850.00 for the additional costs due to the expansion of the project to include the enclosing of the parking garage. Special Council Meeting 7/30/96 5 GJV A motion was offered by Councilman Hirschl I seconded by Assistant Mayor Blank to approve up to $14,000.00. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 6. 1996/1997 Proposed Millage Rate; Mr. Treppeda explained what has transpired at the Budget Committee meeting, which is as follows: Replaceaent of Street Lights The Committee recommends to budget $50,000 as the first reserve installment. Store Drain Proiect The Committee recommends that the Village borrow a percentage of the amount needed from the Sewer Fund Balance instead of charging the entire expense to taxpayers in one year. Litigation relative to Munisport Landfill Site The Committee recommends that the Village reserve these funds from the 1995/96 budget. Village Hall Renovation/Expansion The Committee recommends that the Village borrow a portion of the amount needed from the Sewer Fund to limit the impact on the millage rate of charging the entire amount to the taxpayers in one year. Sewer Rate The Committee recommends that the Village increase the sewer rate from $2.10 to $2.31 per thousand gallons of water used. This increase is recommended because the Village's fees increased received from the City of Miami Beach. At this time, Mr. Treppeda requested Council approval of a millage rate of 3.50 which is 6.06 percent over the roll back rate. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to approve certifying the millage rate at 3.50. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 7. Discussion of Resort Tax Issues: Request for Proposals for Advertising. Marking and Public Relations: Mr. Treppeda explained that the deadline for At this time, Assistant Mayor Blank passed the gavel to Councilman Boggess. Special Council Meeting 7/30/96 6 R a n bids to be received in response to the Request for Proposals is July 31st at 3:00 p.m. At this time, he requested direction from the Council as to how they wish to go about short listing the bids and then who would the Council like to hear presentations from and rate the short listed companies. His recommendation would be to have the Resort Tax Committee short list the bids, hear presentations, and recommend the top three companies to the Council for a final decision. It was the consensus of the Council that the Resort Tax Committee short list the bids and hear the presentations and make a recommendation to the Council. Councilman Boggess suggested that the Council could attend the Resort Tax meeting in order to hear the presentations. Mr. Noboa asked how many bids have been received to date. Mr. Treppeda replied two, but usually bids are not received until just before the bid opening. Greenstone Roberts/Public Relations: Mr. Treppeda explained at their July meeting the consensus of the Resort Tax Committee was that the Village retain Greenstone Roberts on a month to month basis at the same rate of $7,500.00 until the Village formally awards the bid. He continued to explain the Village's contract with Greenstone Roberts expires on August 1, 1996. At this time, he requested the Council either reject or accept the Resort Tax Committee's consensus of opinion to retain Greenstone Roberts on a month to month basis until the Village awards contracts for Advertising and Public Relations. Mr. Singh suggested the Village retain Greenstone Roberts on a month to month basis, but pay them by the hour. Mr. Whitman agreed with Mr. Singh. A motion was offered by Councilman Hirschl and seconded by Councilman Boggess to retain Greenstone Roberts on a month to month basis and their fee to be based on the actual work preformed with a fee not to exceed $7,500.00 The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. Proposed Hat Party Mr. Treppeda explained the 2nd annual Hat Party, which is one of the Village's 50th Anniversary Events, is scheduled for Wednesday, September 25, 1996 at the Sea View Hotel. The total cost for this event is $4,000.00, and the Village's subsidy for this event would be $2,000.00. If the Village did not subsidize the event, the admission cost would be $40.00. The Council took no action on approving the subsidy, therefore the cost to attend this event will be $40.00 Special Council Meeting 7/30/96 7 zz Howe Repair Seminar Mr. Treppeda explained at the July Resort Tax Committee meeting, Ms. Fisher reported that she has not been able to arrange for a speaker for this event, which was proposed as the 50th Anniversary Event for August. The Resort Tax Committee recommended that the Village cancel this event. It was the consensus of the Council to accept the Resort Tax Committee's recommendation to cancel the Home Repair Seminar. Beach Reserve Mr. Treppeda requested the Council redesignate $400,000.00 of Tourism Fund Balance to Beach Reserve. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to designate $400,000.00 from Tourism Fund Balance to Beach Reserve. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Mayor Spiegel and Councilman Taplin absent. 8. Other Business: Assistant Mayor Blank referred to an ad in the Miami Herald for a public hearing on the proposed incorporation of Aventura Beach. He further explained they are proposing to include Haulover Beach into the proposed city limits. It was the consensus of the Council that Mr. Wolpin draft a resolution that the Village is not against incorporation of Aventura Beach, but Haulover Beach should remain as a County facility. Richard Olsen, President of the Ba1 Harbour Club, addressed the Council and renewed the request for a workshop on the Ocean Front Beach Club property. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to hold a workshop on September 5th at 3:00 p.m. Assistant Mayor Blank stated he seconded this motion for discussion. Discussion followed. Councilman Hirschl stated, in his opinion, the Ave Group is trying to take a short cut. Assistant Mayor Blank stated, in his opinion, it would not hurt to have the workshop since no decisions can be made at that time. The motion carried with the vote as follows: Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl nay; Mayor Spiegel and Councilman Taplin absent. Councilman Hirschl directed the Village Clerk send out a notice, Village wide, in postcard form of the date and time of the I Assistant Mayor Blank at this time passed the gravel. Special Council Meeting 7/30/96 8 workshop. 9. 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 (3-0), with Mayor Spiegel and Councilman Taplin absent, and the meeting adjourned at 5:35 p.m. Assistant Mayor Matthew B. Blank Attest: Jeanette Horton, CMC/AAE Village Clerk Special Council Meeting 7/30/96 9