HomeMy Public PortalAbout2001-02-20 Regular MeetingCOUNCIL MINUTES
REGULAR MEETING - FEBRUARY 20, 2001
The Regular Meeting of the Bal Harbour Village Council was held on Tuesday, February
20, 2001, in the Council Chambers, at Bal Harbour Village Hall. The meeting was called
to order at 3:00 p.m. by Mayor Hirsch'. Those present were:
Also present:
Mayor Andrew Hirschl
Assistant Mayor Daniel Tantleff
Councilman Peg E. Gorson
Councilman Seymour Roth
Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Horvath, Deputy Village Clerk
Richard J. Weiss, Village Attorney
Absent: Councilman James E. Boggess
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge of Allegiance was led by Bal Harbour
Resident Nancy Silverman.
3. Approval of Minutes: A motion was offered by Councilman Roth and
seconded by Assistant Mayor Tantleff to approve the minutes of the January 16, 2001, Regular
Council Meeting. The motion carried unanimously (4-0), with Councilman Boggess absent, and
the minutes were approved as submitted.
4. Presentations: On behalf of the Village Council, Mayor Hirsch! presented
Mrs. Horton with a token of appreciation for 10 years of dedicated service to the Village.
Officer of the Month: None
Special Masters - Darcee Siegel and Russell Mace: On
behalf of the Village Council, Mayor Hirschl presented Russell Mace with a token of
appreciation for his service to the Village as a Special Master. A token of appreciation will
be sent to Darcee Siegel for her service to the Village as a Special Master.
5. Public Hearings: None
6. Ordinances Second Reading/Public Hearing: None
7. Ordinances First Reading: An Ordinance was read, by title, by the
Village Clerk, amending Article II of Chapter 13 by increasing the monthly retirement
benefit for General Employees and eliminating General Employee contributions to the plan.
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110
Mayor Hirsch) opened the public hearing.
Mr. Treppeda explained that a survey was done of the Village General Employees to
measure which benefits they are most interested in receiving. The General Employee
Pension Board then met and approved an increase in the multiplier from 2.25% to 2.50%
and to also eliminate the employee contribution of 6%, which could be re -instated in the
future if a financial situation dictates that contributions are required.
There being no additional comments, Mayor Hirschl closed the public hearing.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve
this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor
Tantleff aye; Councilman Boggess absent; Councilman Gorson aye: Councilman Roth aye. Thus
becoming:
ORDINANCE NO.
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE
VILLAGE CODE BY AMENDING ARTICLE II "EMPLOYEE'S PENSION PLAN"
OF CHAPTER 13 "PENSION AND RETIREMENT BENEFITS" BY AMENDING
SECTION 13-28 "RETIREMENT DATE AND RETIREMENT BENEFITS" TO
INCREASE THE MONTHLY RETIREMENT BENEFIT FOR GENERAL
EMPLOYEES AND BY AMENDING SECTION 13-32 "CONTRIBUTIONS" TO
ELIMINATE EMPLOYEE CONTRIBUTIONS TO THE PLAN; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR EFFECTIVE DATES.
An Ordinance was read, by title, by the Village Clerk, amending Chapter 17 of the Village
Code by creating Article IV "Communications Rights -of -Way."
Mayor Hirschl opened the public hearing.
Mr. Weiss explained that at the last session, the State Legislature revamped the laws that
deal with telecommunications and communications facilities. He advised that one of the
things they did was prohibit the Village from any longer requiring franchises for people
operating within the Village. He stated that this ordinance creates a registration procedure
so that people that are operating in the Village must register with the Village and it also
sets forth the standards for dealing with how these companies tear up the Village's right-of-
way, the kind of maintenance they must have, the type of and how long the trenches can
be open, the fact that they have to try to combine trenching operations with other people
doing this kind of work, the required bonds for people doing work in the right-of-way,
indemnification, and enforcement remedies. Mr. Weiss reported that the actual fees that
the Village will get will be set by the Legislature and it will be set for each city. He
explained that this ordinance deals with the practical part of this, not the financial part.
There being no additional comments, Mayor Hirsch) closed the public hearing.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
this ordinance. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant Mayor
Tantleffaye; Councilman Boggess absent; Councilman Corson aye; Councilman Roth aye. Thus
becoming:
Regular Council Meeting 02/20/2001 2
ORDINANCE NO.
11i
AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING
CHAPTER 17, "STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", OF THE
VILLAGE CODE, BY CREATING ARTICLE IV, "COMMUNICATIONS RIGHTS -
OF -WAY"; ESTABLISHING REGULATIONS FOR THE USE OF PUBLIC RIGHTS -
OF -WAY FOR COMMUNICATIONS FACILITIES; PROVIDING DEFINITIONS;
PROVIDING FOR REGISTRATION AND PERMIT PROCEDURES; PROVIDING
CONDITIONS FOR PLACEMENT AND MAINTENANCE OF COMMUNICATIONS
FACILITIES IN RIGHTS -OF -WAY; PROVIDING FOR INSURANCE AND
INDEMNIFICATION; PROVIDING PENALITIES FOR VIOLATIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SE V ERABWLITY; PROVIDING
FOR INCLUSION IN THE VILLAGE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Gary Resnick, Village Attorney, addressed the Council and discussed the rate making
structure in Tallahassee. He explained that the Revenue Estimating Committee has put
together the preliminary tax rates for each municipality and suggested that the Village
contact the Florida League of Cities to get the Village's preliminary rate. He reported that if
the Village has issues with the rate because the Committee doesn't have the data correct,
etc. then the Village can make changes. Mrs. Horton stated that the Department of
Revenue is estimating that it will be 41/2% for the Village's utility tax, which will not give the
Village its usual revenue. Mr. Resnick stated there's a provision in the statute to allow
emergency ordinances to put the Village up to the level that it was at in the past. He
advised that the Village will have to do that next year to make sure that the Village gets the
same revenue that it has received in the past. Mr. Resnick stated that the Village can do
an emergency ordinance every quarter to make sure the Village is making the same
amount that it was making a year ago for cable and communication. He stated that there
should be no net loss in revenue for the Village. He reported that the Village can only do
those changes the first year and, after that, no further changes can be made. After the first
year, the Village is stuck with the tax rate that is ultimately set. Mr. Weiss questioned if
anything can be done in Tallahassee. Mr. Resnick reported yes and that Collier County is
recommending that the Village ask lobbyists to work this issue in Tallahassee. Mrs. Horton
stated that they are basing the percentage on 1999 revenue, so they're going back instead
of using the year 2000 revenue.
8. Discussion of Occupational Licenses - Stanley Whitman:
Stanley Whitman, Owner-Bal Harbour Shops, distributed and reviewed copies of
Chapter 9 "Licenses and Business Regulations" of the Bal Harbour Village Code. Mr.
Whitman advised that he is discussing this issue on behalf of the merchants of the Bal
Harbour Shops. He explained that storage is provided on the third floor of the Shops for
merchants and the Village Code Enforcement Officer has advised them that an
occupational license is required for merchants that have storage space. Mr. Whitman
reviewed Tab 1 (Chapter 9 — Article II — Section 9-26 "License required; adoption of State
law") and read that "no person shall engage in or manage any business" without an
occupational license. Mr. Whitman explained that the third floor area is only for storage
and nobody is there and no business is being engaged in. In addition, it is not open and
available to the public. Mr. Whitman reviewed Tab 2 (Section 9-34 "License tax schedule"),
which covers the people that are required to be licensed. He explained that there is no
provision for an occupational license for an ancillary use for storage. Mr. Whitman
reviewed Tab 3, which is his Attorneys (Howard L. Friedberg — Katz, Barron, Squitero &
Faust, P.A.) opinion that an occupational license is not required for this. Therefore, Mr.
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112
Whitman thinks that an occupational license for storage is unenforceable and is very unfair.
Mr. Whitman stated that if the Council feels that this ordinance applies to this storage area,
then the ordinance should be amended to say so.
Mr. Weiss stated that if the Council feels that the literal interpretation of the ordinance
causes an unfair result, then the Council can direct his office to clarify the ordinance, which
can be done in two readings. Or, the Council can decide to leave it alone.
Mrs. Horton stated that she spoke with Village Attorney David Wolpin on this issue who
advised that if the inventory is in a separate location that the merchant pays rent for, then
the merchant either needs to include it in the amount of inventory in their store or they
need to get another license for the additional inventory because the fee for the
occupational license is based on the amount of inventory. Mrs. Horton stated that they
need to also pay the fee on the amount of inventory in storage. Mr. Whitman thinks that
there is only one area being used as an office. Mr. Weiss explained that the occupational
license fee is based on $3.25 per each $1,000 of stock in value. So, if they're including the
stock on the third floor in the stock in value, they would be paying a fee on it and the
Village wouldn't even know it. And if they weren't, the Village wouldn't know it either. Mr.
Weiss stated that the thing they were concerned about was the office issue. Mayor Hirschl
thinks that the issue is the amount of the occupational license being based on inventory.
Mrs. Horton stated that Mr. Wolpin stated that if it's not in the main store and the inventory
is in another location, then they should pay a separate license. Mr. Weiss stated that the
space being used as an office is a separate issue. Mr. Weiss stated that concerning the
storage space, it doesn't make a difference if there's two license fees or one, as long as all
of the inventory is included. Mr. Weiss stated that there is currently no occupational
license required for storage; however, the inventory in storage should be included in the
store's amount for their occupational license. Mr. Weiss advised that the office on the third
floor will need a separate occupational license. Assistant Mayor Tantleff questioned how
the Village can ensure that the merchants are paying for the amount that's in storage. Mrs.
Horton stated that the Village has the authority to audit their inventory. Councilman Roth
suggested notifying the merchants to pay their fee based on total inventory (in the store
and in storage on the third floor) when they apply for the occupational license. In addition,
that offices on the third level need a separate occupational license. Mrs. Horton stated that
there are several locations that have a person and a desk in the storage facility. Mr.
Whitman stated that the area is not open to the public and is not staffed during store hours.
Mr. Weiss will look into this issue and make a report at the next Council meeting.
9. Reports and Recommendations:
A. MAYOR AND COUNCIL: None
B. VILLAGE ATTORNEY: Mr. Weiss reported that an Order has been
received from the Court granting the Village's Motion Request for Oral Argument on the
attorneys' fees issue (Bal Harbour Club litigation). He advised that Joseph Serota will be
arguing this for the Village. The Court will schedule a date for the Oral Argument by
separate order.
C. VILLAGE MANAGER:
Appointment to Architectural Review Board: Mr. Treppeda
Regular Council Meeting 02/2(1/2001 4
explained that there is an opening on the Architectural Review Board and three resumes
were received. He advised that Building Official Dan Nieda and Bal Harbour Civic
Association Representative Gina Berlin conducted interviews for the applicants for the
position on the Architectural Review Board. He advised that Mr. Nieda and Mrs. Berlin
have recommended appointing Jaime Schapiro, Architect, to the Architectural Review
Board.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to appoint
Jaime Schapiro to the Architectural Review Board. The motion carried with the vote as follows:
Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess absent; Councilman
Gorson aye; Councilman Roth aye.
Approval of Expenditure from Forfeiture Fund: Mr. Treppeda
explained that Chief Larry Freeman has requested expenditures of forfeiture funds from the
Law Enforcement Trust Funds as follows:
1) Storage Facility at Bal Harbour Shops for Impounded Property
21 Bell South Phone Records for Investigation
3) Two Window Tint Meters for Motor Officers
$580.94 quarterly
$425.00
$598.00 ($299 each)
Chief Freeman explained that the storage at the Shops is being used on a temporary basis.
Mr. Whitman stated that the Shops will waive the fee for the storage and will not charge the
Village for parking employee vehicles at the Shops during the 96th Street project. Mayor
Hirsch) stated that the Village appreciates that, but there's an issue with the Church and, as
such, it may be best for the Village to pay for its parking at this time. Mr. Whitman stated
that it's his call and he can give free parking to whomever he wants. Mr. Weiss suggested
that the Village tender a check to Mr. Whitman and Mr. Whitman can decide whether or not
to cash the check.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to approve
the expenditure of forfeiture funds for the payment of: the storage facility at the Bal Harbour
Shops, Bell South phone records, and two window tint meters. The motion carried with the vote as
follows: Mayor Hirschl aye; Assistant Mayor Tantleff aye; Councilman Boggess absent•
Councilman Gorson aye; Councilman Roth aye.
Beach Master Plan Update: Mr. Treppeda explained that the
Village's Beach Master Plan is still being held up by the Miami Beach lawsuit. The Village
Attorneys are working on this and are in direct contact with the Department of
Environmental Protection. Mr. Weiss explained that the permit is stalled because of the
Miami Beach case. He reported that the lawyer arguing the Miami Beach case, who
expects to win, has communicated with the permitting section requesting that the Village's
permit be issued, despite the Miami Beach case, at the Village's own risk. The lawyer
arguing the case thinks this will be effective in freeing the Village's permit. Village Attorney
Nancy Stroud is working on resolving this issue.
Resort Tax Committee Recommendations: Mr. Treppeda
reviewed the following recommendations that were made at the February Resort Tax
Committee meeting:
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1) United Kingdom Media Appointments & Media Dinner
2) Version H (Camera Operator to film in Bal Harbour)
3) ASTA Cruise Fest Trade Show Booth
4) Purchase Tables at Masquerade Ball (BH Cultural Event)
5) Brochure Distribution by GMCVB at Seminars
$10,000.00
$ 250.00
$ 500.00
$ 2,500.00
$ 300.00
Mayor Hirsch) clarified that this money comes from resort tax on food, beverage, and
lodging in the Village. Councilman Roth questioned if there has been an increase in the
bookings at the Village's hotels from advertising. Mrs. Horton reported that due to the use
of rate advertising, the bookings have increased.
A motion was offered by Assistant Mayor Tantleff and seconded by Councilman Gorson to
approve $13,550.00 for the recommendations made by the Resort Tax Committee at their
February meeting. The motion carried with the vote as follows: Mayor Hirschl aye; Assistant
Mayor Tantleff aye; Councilman Boness absent; Councilman Gorson aye; Councilman Roth
aye.
10. Other Business:
Mayor Hirsch) reported that the efforts of Gwen Margolis and Pattie Fazzino have been
instrumental in the proposed complete rehabilitation of Haulover into a golf course. He
advised that the plans also include a large Eco system conservatory area for turtles. Mayor
Hirschl thinks that it's a wonderful step forward and will protect Bal Harbour and enable the
Village's hotels to offer golf for their guests. Mayor Hirsch) thanked Pattie Fazzino, with
Gwen Margolis' office, who was in attendance at the meeting. Mayor Hirsch) stated that
the Village supports this and will go to the meetings to continue to support it.
Mayor Hirschl reported that all residents should have received a notice from the
Department of Transportation (DOT) regarding the upcoming Haulover Bridge
Rehabilitation Project. Mayor Hirsch) requested that Mr. Treppeda contact DOT regarding
changing the material being used for the joints on the bridge.
Mr. Treppeda reported that no comments were received during the public comment period
by the Army Corp of Engineers, so the buoys should be installed in Bal Harbour in the end
of February or the beginning of March.
Nancy Silverman, Resident —Tiffany Condominium, addressed the Council on behalf of
her Bal Harbour neighbors on the issue of the lack of public parking. Ms. Silverman stated
that she has a petition signed by over 400 Village residents who would like to see the
unfortunate parking situation resolved in a neighborly manner so that many important
organizations can continue to meet in Bal Harbour. Ms. Silverman explained that she has
letters from several of those organizations stating that they can no longer come to Bal
Harbour to hold important meetings. Ms. Silverman requested that the Council grant the
residents the right to hold a special meeting or public hearing. She advised that will give
them a forum to discuss their thoughts and ideas on what can be done to enrich the Bal
Harbour community by utilizing its limited parking facilities in a more intelligent, equitable,
and generous manner. Ms. Silverman stated that she has always been very proud of the
spirit of cooperation and good will that have been a long standing part of the Village in Bal
Harbour. She is sure that once the Village Council hears the residents' heart felt concerns
over this matter, they will also join the majority of residents by seeking to preserve the
Village's image, values, and integrity. Ms. Silverman stated that the residents are asking
that the special meeting be held to accommodate at least 100 residents who have signed
Regular Council Meeting 02/20/2001 6
the petition and wish to attend.
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Analisa Dungana, Resident — Kenilworth House, addressed the Council and discussed
her concern about bicycles not being allowed on the beach (beach access road). She
would like a bike path to be provided as part of the new Beach Master Plan.
Mr. Treppeda announced that he is co-chairing, along with Surfside Chief Larry Boemler, a
Meet the Press Party and Media Reception, which is being organized by Village resident
Pattie Van Huffel. He explained that this event will raise money for His House Children's
Home at the Sea View Hotel on Thursday, March 22, 2001. He stated that anyone
interested in purchasing a ticket or making a donation should contact him. Mayor Hirsch)
commended Mr. Treppeda on his participation in a worthwhile cause.
A motion was offered by Councilman Roth and seconded by Assistant Mayor Tantleff to approve a
5500.00 donation to this event in Bal Harbour benefiting His House Children's Home. The
motion died with the vote as follows: Mayor Hirschl nay; Assistant Mayor Tantleff aye;
Councilman Boggess absent; Councilman Gorson nay; Councilman Roth aye.
Mayor Hirsch) doesn't think that taxpayers' money should be used for donations to a charity
and would prefer to make a personable donation. He thinks that it's a concern for the
Village to adopt a policy of making donations to these organizations. Councilman Roth
thinks that it would enhance the Village and would be good press. Assistant Mayor Tantleff
thinks that the only problem is where to draw the line because the Village gets hundreds of
invitations and requests for donations. Mayor Hirschl stated that he is only concerned
about the precedence that it would set.
11. Adjourn: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Tantleff and seconded by Councilman Roth to adjourn.
The motion carried unanimously (4-0), with Councilman Boggess absent, and the meeting
adjourned at 3:45 p.m.
ayor Andrew R. Hirsch)
Attest:
/eanette Horton, CMC/AAE/CLO
Village Clerk
/elh
Regular Council Meeting 02/20/2001 7