Loading...
HomeMy Public PortalAbout1992-11-17 Regular Meeting135 COUNCIL MINUTES REGULAR MEETING - NOVEMBER 17, 1992 The regular meeting of the Bal Harbour Village Council was held on Tuesday, November 17, 1992 in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Stern. The roll was called and those present were: Also present: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Carole S. Morris, Village Manager Jeanette Horton, Village Clerk _Richard J. Weiss, Village Attorney Absent: Councilman Sol M. Taplin As a quorum was determined to be present, themeeting commenced. 2. Approval of Minutes: A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to approve the minutes of the October 20, 1992 Regular Meeting. There being no changes or additions thereto, the motion carried unanimously (4-0) with Councilman Taplin absent, and the minutes were 'approved as submitted. 3. Presentations: Officer of the Month - None 4. Public Hearing: The Village Clerk advised Council that the owner of property located at Lot 1, Ocean Front Section of Bay Harbor, more commonly known as 9601 Collins Avenue, is seeking a variance of Section 21-294 to permit construction of a model building by reducing the front setback to 10' and the side setback to 10' and is also requesting a permit for the model building without first obtaining a permit for the main building. In addition, the owner is seeking a variance of Section 21-287 to permit lot coverage of 29.7%; Section 21-291(1) front setback of 153' for tower and 20' setback for the underground parking garage at the northwest corner of the building; Section 21-285(1) density of 25 more units per acre; Section 21-1 parapet walls increase height by 3'; Section 21-286 floor area ratio = 4.5 to 1; Section 21-288 permit parking on rear and side setbacks even though proposed principal building exceeds 20% of the total lot and Section 21-291 side setback of 26'. Mayor Stern stated she will abstain from voting and from participating in any discussion regarding this subject. She further stated that she does have a business relationship with the developers of this project, although she does not have a technical conflict under Florida Statute, but will abstain from voting to 136 avoid any conflict. At this time Mayor Stern passed the gavel to Assistant Mayor Hirschl. Carter McDowell and Lester Goldstein, attorneys from the firm of Fine Jacobson addressed the Council on behalf of the owner Pru Shel Development Partnership. Mr. McDowell explained to the Council he has met with the representatives of the Sheraton and at this time requests a 30 day deferral. He further explained during that period he would be meeting with the Village Attorney and the neighboring property owners to see if they may resolve as many issues as possible. A motion was offered by Councilman Blank and seconded by Councilman Boggess to defer this request for 30 days with the applicant to bear the cost of readvertising. Mr. Weiss referred to a letter received from Mr. Whitman, referring to Section 21-55, stating that if a protest is filed against a variance, that for this variance to be granted it would take four votes of the Council. Mr. Weiss stated that the Village needs to make a determination if the Bal Harbour Shops can protest, if they are within the 375 feet, as defined in this Section., Foster Wacker, attorney from the firm of Blackwell & Walker addressed the Council on behalf of the Sheraton. He stated they are prepared to go ahead with the hearing at this time, but would not object to deferment. The motion carried and the vote was as follows: Mayor Stern abstain; Assistant Mayor Hirschl aye; Councilman 'Blank aye; Councilman Boggess aye and Councilman Taplin absent. 5. Ordinance - Second Reading/Public Hearing: None 6. Ordinance - First Reading: None 7. Resolution: A Resolution was read by title by the Village Clerk appointing Gilberto Pastoriza as a Deputy Village Attorney. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to adopt the Resolution. The motion carried and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman aye; Councilman Boggess aye; Councilman Tapiin absent, thus becoming RESOLUTION NO 471 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPOINTING GILBERTO PASTORIZA AS A DEPUTY VILLAGE ATTORNEY; PROVIDING FOR AN EFFECTIVE DATE. 8. Reports and Recommendations: Regular Council Mtg. 11/17/92 137 A. Mayor and Council: Councilman Boggess questioned if the Collins Avenue project is on schedule. Mrs. Morris replied yes, the work is progressing and the projected completion date is the end of this year. B. Village Attorney: Mr. Weiss reported that in reference to the "Majestic" 9601 Collins Avenue, the Sheraton has raised the question whether or not the development of this property may be in conflict with the Village's Comprehensive Plan. He further stated that he will research this matter and report back to the Council at the next meeting. C. Village Manager: 1. Flood Insurance Ordinance: Mrs. Morris explained that the Federal Government has recently changed their policy regarding the National Flood Insurance Program. The Federal Government is now requiring that each municipality qualify individually. In the past the Village qualified to participate through Metropolitan Dade County. She further stated that therefore, at this time Council must establish dates for evening meetings to adopt an ordinance which will provide for the Village's continuing to qualify for flood insurance. She further stated that adoption of this ordinance must be'complete by January 1993. Various dates were discussed and it was the consensus of the Council that the dates for adoption of this ordinance be December 3 and 15 at 5:15 p.m. 2. Update of Resort Tax Committee Recommendation Regarding Advertising/Public Relations Services: Mrs. Morris stated that at the November 16 Special Meeting of the Resort Tax Committee, their recommendation was that Greenstone Roberts Advertising be awarded the contract for Advertising/Public Relations Services. Mr. Whitman requested this item be deferred until later in the meeting, as Mrs. Rosenthal who attended all the Resort Tax Meetings, has not arrived at this time. A motion was offered by Councilman Blank and seconded by Mayor Stern to defer this item for one month until all Councilmembers are present. The motion failed, with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl nay; Councilman Blank aye; Councilman Boggess nay; Councilman Taplin absent. Mr. Octavio Gomez, General Manager Sheraton* Bal Harbour, stated as a member of the Resort Tax Committee he thinks the decision is in the best interest of the community. This decision would not only Regular Council Mtg. 11/17/92 3 138 benefit the hotels, but the whole community. Mr. Roy Connors, Greenstone Roberts Advertising, stated his firm is located in Coconut Creek which is only 40 minutes away. He further stated his firm is a national and international agency. He was raised in Miami Beach and does know this area. Mr. Connors then proceeded to introduce Ms. Alice Fisher, who would be handling the Public Relations. Ms. Fisher proceeded to give a brief history of her background, stating she has been involved with Project: Newborn and other projects in this area, explaining that Greenston Roberts is a mobile agency. Mr. Raj Singh, Sea View Hotel, a member of the Resort Tax Committee, stated he is opposed to Greenstone Roberts. He further stated the reasons he is opposed to their selection is that he is unhappy with the creative aspect, he feels their marketing plan is weak. In his opinion, tie Committee should meet again and issue another request for proposals. Mrs. Enid Rosenthal, Bal Harbour Shops, stated that in her opinion Greenstone Roberts looked very strong, in advertising a- well as public relations in their presentations. She further stated that she feels she must agree with Mr. Gomez. She feels this agency will be good for Bal Harbour. Assistant Mayor Hirschl explained he is the Chairman of the Resort Tax Committee. He continued to explain that he is appointed to this advisory committee by the Council and that the Committee is comprised of one member from each of the three major hotels and a member from the Bal Harbour Shops. At this time he would like to go on record by publicly commending the members of this;Committee for their work. They have spent many, many hours, in many_ meetings to do what they felt was best for Bal Harbour. He stated that for himself this has been a very difficult time politically. As Chairman of this Committee he has been under tremendous pressure not to do what he knows in his heart is best for the Village. It was very difficult to vote against a friend and Bob Goodman is still a friend. This Committee acts in the best interest of Bal Harbour for it is these businesses that keep the taxes low, nourish the beach, provide for fireworks and all flagging and Christmas decorations. They, as a Committee, recommend Greenstone Roberts Advertising as the Village's agency of record. Assistant Mayor Hirschl further explained that in our contract there is an escape clause after sixty days. At this time he would like to again recommend to this Council Greenstone Roberts Advertising. Mrs. Morris stated the Council can reject all proposals and re - advertise, defer the issue, or award the contract but Mr. Goodman's agreement expires December 31st. Mr. Weiss explained to the Council they must have reason to reject all proposals. Mrs. Morris further stated that the requests for proposals did not have a requirement that the agency be a local agency. Councilman Boggess Regular Council Mtg. 11/17/92 4 141n A .a.l stated he stayed away from the meetings and is reluctant to request proposals again. Councilman Boggess also questioned the fee that would be charged by Greenstone Roberts. Mr. Gomez provided Councilman Boggess a copy of the fee schedule. Mrs. Morris stated the fee would be $6,000- Advertising, $2,000- Public Relations or $7,500 for both, with advertising billed at net and printing and photograph would be extra at net. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to award the Advertising/Public Relations contract to Greenstone Roberts Advertising Agency. The motion failed, with the vote as follows: Mayor Stern nay; Assistant Mayor Hirschl aye; Councilman Blank nay; Councilman Boggess aye; Councilman Taplin absent. A motion was offered by Councilman Blank and seconded by Mayor Stern to defer this matter for one month until a full Council is present. The motion failed with the vote as follows, Mayor Stern aye; Assistant Mayor Hirschl nay; Councilman Blank aye;. Councilman Boggess nay; Councilman Taplin absent. Mr. Gomez questioned the Village Attorney if under State law Councilman Blank would be in conflict if he voted on this issue. Mr. Weiss replied no, under the law there is no conflict and he went on to quote that section from the State Statute. Mr. Octavio Gomez urged the Council to support the Resort Tax Committee and award the contract to the agency they recommended. Mayor Stern questioned if this issue could be an agenda item at the December 3 Special Meeting. Assistant Mayor Hirschl stated that all Council members are not present at every meeting. A motion was offered by Councilman Blank and seconded by Mayor Stern to defer this item until the December 3 Special Meeting. The motion failed and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl ,nay; Councilman Blank aye; Councilman Boggess nay; Councilman Taplin absent. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to defer this matter until later in the agenda. The motion carried and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin absent. 5. Amphitheater - Report by Holland & Knight: Sam Poole from the firm Holland & Knight reported he has reviewed the plans of the original draft on the location of the amphitheater. The first reading of the ordinance changing the zoning will be heard by the North Miami Council this evening, and it is expected they will approve on first reading. There is a provision in the ordinance that the Department of Natural Resource must approve the site since this location was a super fund site. The city has also hired a Regular Council Mtg. 11/17/92 5 140 noise consultant to study the noise impact upon surrounding areas. At this time the firm does recommend to the Council that they retain their own experts on noise as well as engineering consultant. Hefurther stated that he would be attending this evening's meeting on behalf of Bal Harbour. Assistant Mayor Hirschl stated Bal Harbour must be prepared to move forward to protect the interest of Bal Harbour residents. Ms. Barbara Schindler, Coalition for the Public Use of Munisport, reported the Coalition has filed a lawsuit against the City of North Miami. Their Charter states that a contract can be signed for only a period of two years but the contract for the amphitheater was for thirty years. Mr. Charles Brown, 268 Bal Bay Drive, urged everyone to support the Coalition, that the amphitheater noise would be unbearable for the residents of Bal Harbour, not only the single family.residents but the high rise residents Councilman Blank stated he agrees with all the comments that were made, but still questions the cost that would be involved referring to the minutes of October 20, 1992, in which Mrs. Morris stated she had questioned Holland & Knight if this would be a $5,000 or $50,0000 problem. Mr. Poole stated that by December 15 he should know how the City of North Miami is going to respond and at that time he will give the Village a proposal as to the cost. He further stated that he urges people to attend the City of North Miami Council meetings both tonight and on December 8. 3. Purchasing Approval: a) Truck for Public Works: Mrs. Morris explained the Public Works Department is requesting authorization to proceed with the purchase of a four wheel drive truck to replace the existing beach van. Mrs. Morris further stated that the vehicle is being purchased in accordance with an existing state bid price of $14,402. A motion to approve this expenditure was offered by Councilman Boggess and seconded by Councilman Blank. The motion carried, and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin absent. b) Microphone System for Council Chamber: Mrs. Morris reported that at this time she is not prepared to recommend a vendor. She further stated the prices that have been quoted to the Village range from $2,500 to $7,003. Councilman Boggess suggested that in the specifications there be included a free- standing microphone for the rear of the chamber. 4. Jogging Path- Status of Reconstruction: Regular Council Mtg. 11/17/92 6 141 Mrs. Morris stated that Rick DeViviero of the firm Craig Smith and Associates is present to report on the status of the jogging path. She further stated that Federal Emergency Management Agency will reimburse 80% of the cost to rebuild the path, the fact that permits must be obtained from Department of Natural Resources to reconstruct what had existed is the reason for delay in the reconstruction. Mr. DeViviero presented to the Council proposed alternative plans and suggested the use of pearock instead of limerock as originally constructed. He further stated that with the construction using pearock it would reduce the maintenance and if the Village was not happy with this, they could easily go back to limerock. Mr. DeViviero presented a sample of the proposed pearock for the Council to inspect. 6. Architectural Review Board - Rules & Procedures: Mrs. Morris reported the Board has submitted for Public Hearing and Council approval at this time the following Rules and Procedures: 1. A11 landscaping plans for new construction must be prepared by a registered landscape architect. 2. The Village Manager shall, on application for variances in the Ocean Front District, transmit a copy of the application to the Architectural Review Board to review the application and provide the Village Council with their comments. A motion was offered by Assistant Mayor Hirschl and 'seconded by Councilman Boggess to approved the rule that all landscape plans for new construction be prepared by a registered landscape architect. The motion carried, and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin absent. The consensus of the Council was to reject the second proposed rule that the Board would review applications that require variances and provide the Village Council their comments. Mr. Weiss stated that the ordinance now states that all applications for building permits that affect the exterior of the building must appear before the Board. The question has arisen should this be limited to building permit or include electrical, plumbing and mechanical, if it affects the outside of the structure. The applicant should appear before the Board, the Council agreed that was correct. Resort Tax Committee Recommendation Regarding Advertising/Public Relation Services: The discussion on the awarding of the advertising/public relation services contract continued that was deferred from earlier in the meeting. Mr. Octavio Gomez stated he would like to recommend to the Council that Greenstone Roberts be retained and all other Regular Council Mtg. 11/17/92 7 1.42 presentations be eliminated and the Village put out new requests for proposals for new agencies and require that they be a local agency. Mayor Stern stated that sounds very fair but would be beyond the time that the Village would need to have an agency working. She further stated this process would take a good two or three months. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to accept the recommendation of the Resort Tax Committee and award the Advertising/Public Relations contract to Greenstone Roberts Adverting. The motion carried, and the vote was as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank nay; Council Boggess aye; Councilman Taplin absent. 9. Other Business:_ None 10. Adjourn: There being no further business to, come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to adjourn. The motiQp carried unanimously (4-0) with Councilman Taplin absent, and the meeting adjourned at 12:23 p.m. Mayor Estelle Stern Attest: eanette Horton,CMC/AAE illage Clerk /jh Regular Council Mtg. 11/17/92 8