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,
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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,
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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.
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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.
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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