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:
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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
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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
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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