HomeMy Public PortalAbout1989-06-20 Regular MeetingCOUNCIL MINUTES
JUNE 201 1989 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, June 20, 1989 at 9:30 A.M. in Village Hall.
The meeting was called to order by Mayor Estelle Stern. Those
present were:
Mayor Estelle Stern
Asst. Mayor Matthew B. Blank
Councilman Sol Taplin
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Also Present: Carole S. Morris, Village Manager
Richard J. Weiss, Village Attorney
Marilyn P. Kreger, Village Clerk
Having a quorum present, Mayor Stern called the first item.
Item 2. Approval of Minutes: May 16, 1989 and May 31, 1989
Asst. Mayor Blank moved and C/M Taplin seconded a motion to
approve the May 16, 1989 minutes.
Vote Taken: All Voted Aye
Asst. Mayor Blank moved and C/M Boggess seconded a motion to
approve the May 31, 1989 minutes. C/M Taplin noted a correction
that while the roll call reflects his presence at the meeting, he
was not. The motion was changed to approve the minutes as
corrected.
Vote Taken: All Voted Aye
Item 3. Presentations: Officer of the Month - Sgt. James Cooper
Chief Baquero presented his report regarding a stolen truck at
the Bal Harbour Shops which truck had been used in a kidnapping
and a theft at the Sheraton Hotel which incidents required
initiative, quick thinking and taking quick action on the part of.
Sgt,Cooper. The Chief presented Sgt. Cooper with a citation and
Mayor Stern presented him with a check on behalf of the Village.
Item 6. Ordinance - First Reading
A. An Amendment to Appendix A of the Code restricting the
refiling of zoning applications
The Village Clerk read the ordinance by title.
Attorney Richard Weiss explained this ordinance was prepared
as a result of a request of C/M Hirschl at the last meeting. He
stated that the ordinance provides a 12 month period from the day
UPT
of denial during which time a request for variance cannot be
refiled. It was explained that the language saying "...the same
application cannot be refiled...11 meaning that the option is
Council's to state how much teeth to put in the ordinance; also
that a slight change in the request could make a difference in
how Council may view it.
C/M Hirschl moved and Asst. Mayor Blank seconded a motion to
approve this ordinance on first reading.
Vote Taken: All Voted Aye
B. An Amendment to Chapter 13 of the Code relating to the
Pension Plan
The Village Attorney stated -that this ordinance was discussed at
a previous Pension Board Workshop meeting at which time a summary
was presented by a member of Mr. Weiss law firm. The ordinance
primarily addresses changes in the IRS Code, bringing the Plan up
to date, taking out references to gender. There are very few
substantive changes. The PBA has reviewed the ordinance and sent
a letter stating no objection.
C/M Boggess moved and C/M Taplin a motion to approve the
ordinance on first reading.
Vote Taken: All Voted Aye
Mrs. Morris advised Council that the procedure to adopt this
ordinance is to send it to the state for their approval, so this
ordinance will not appear on the agenda until after the state has
completed it's review.
Item 8. Reports
B. Village Attorney
1. Photographer Dakota -Litigation - Mr. Weiss stated
that a letter was received several months ago by Mayor Olsen from
a photographer that the Village used one of his photographs in an
ad the Village had initiated. An agreement had been signed that
permitted the Village to use the photograph for a year. The
photograph was used after the expiration of the contract. At
that point the letter was received stating that the Village would
have ,to,, pay the photographer for the use of the photograph with
a threat of litigation based on copyright infringement.
Carole S. Morris, Village Manager, added that the Village was
given the right to the photo for brochure use only. The previous
public relations firm used it in advertising which is how the
infringement issue arose and the time limit also became an issue.
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-i Mr. Weiss stated that discussionswere held with Mr. Goodman the
present public relations firm to determine the value of the use
of the photo. The photographer has agreed to sign a release for
the mistake that was made in consideration of $3,500.00 and allow
the Village to use the photo until the end of the year. If
Council approves this concept, an agreement would be prepared
incorporating these points as well as releasing the Village from
any further liability.
C/M Boggess asked how much the Village paid for the use of the
photograph the first time around. The Village Manager estimated
at $1,000 or $1,500. It was part of the initial shoot to create
the new brochure. Mr. Weiss said that Mr. Goodman stated that.
where a photograph appears is important in determining its value.
The unauthorized use was in a national magazine. The cost of the
photo to the Village depends on the exposure the photo is going
to get. That is why it was felt the �$3,500 was a fair
settlement. The option was suggested that perhaps the Village
can go after the party(ies) responsible for not taking the
appropriate steps at the time of using the photo inappropriately.
The Village Manager stated that the Village could have possible
damages assessed at $10,000 plus legal costs unless the Council
agrees to the settlement. It is recommended by the staff to
settle the case with the possibility of taking action against the
responsible party to recoup the money. Mr Weiss stated that for
someone who is experienced in the advertising business should
have known that a photograph should be protected by a copyright
mark.
C/M Boggess moved that the Council approve the concept of the
settlement and proceed with preparation of the necessary papers.
C/M Taplin seconded the motion.
Vote Taken: All Voted Aye
2. Architectural Review Board
Attorney Richard Weiss stated that pursuant to Council
instruction staff met with Professor Warburton who was then
instructed to draft a proposal for the formation of an
Architectural Review Board. He said it is a combination of the
Coral Gables Board and the Homestead Board. Mr. Weiss suggested
that the Village Manager circulate the proposal among the
residents for their input because of its more stringent
regulations prior to any Council action. Mr. Weiss briefly
described the contents by saying that the recommendation address
outside structure, style and color and the architectural review
board signing off on plans, etc.
C/M Hirschl suggested that Council might have difficulty in
1 finding qualified members for the board in Bal Harbour. Attorney
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Weiss clarified that the members don't have to live in the
Village, as long as they are residents of Dade County.
Mayor Stern asked if there is a restriction that an architect who
is currently working in the Village cannot be a member of the
board? Mr. Weiss responded in the affirmative.
Attorney Weiss stated that the $25.00 payment is for expenses
relating to attendance at meetings. The Village Manager stated
that the architects usually list membership on a Board as a "Good
Housekeeping Seal of Approval" - it is viewed as an honor.
C/M Hirschl questioned why the Council is getting involved with
this type of board. Village Manager Morris stated that at the
workshop held relating to. the Oceanfront Zoning District, Prof.
Warburton reviewed the zoning ordinance. He commented on the
lack of restriction on outside structure appearance. He also
expressed that the residential zoning lacks structural
restrictions. He suggested the architectural review board to
help review and control the architectural quality of the
buildings in the Village. This is a common use in many
municipalities. It would provide certain controls over things
that are not addressed in the Code such as color, style, type of
roof, etc.
Mayor Stern suggested that these items could be added to the
Code. C/M Hirschl agreed with Mayor Stern and to expand it to
many areas of construction. Mrs. Morris stated that the board
would not only review construction standards, but also offer
recommendations on variances.
Attorney Weiss stated that the board would have authority to say
"NO" to any construction in the Village, with an appeal process
to Council. Professor Warburton recommended a board with
"teeth", not just an advisory board as was used in the past. The
Council would be involved in the review- process by first
appointing members to the board and; second, to hear appeals from
the decision of the board; and third, final decision of the
variances after recommendation by the Board.
r
C/M Taplin expressed dissatisfaction with the concept of the
architectural review board and asked for comments from George
Desharnais, Chief Building Official.
Mr. Desharnais stated that there is a State Statute that says
building departments have 30 days to process plans for single
family structures. The more cumbersome the review process,the
harder it will be to adhere to that new law. He added that the
procedure that was used in the past with the Bal Harbour Club
reviewing plans as they came in worked well and they controlled
the outside appearance of the houses. He stated that he is
against the concept because it is too cumbersome and he doesn't
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like outside people coming into the Village telling residents how
they may build a structure. The Council and residents should do
•.r that. Coral Gables and Homestead are very well developed
communities, but Bal Harbour is much smaller than they are, and
shouldn't be compared to them.
Attorney Weiss opined that, because the Board would be part of
the decision making process, they would have to "meet in the
sunshine". Discussion was held as to how it would be decided on
who would determine the colors, roof styles, landscaping, etc.
C/M Taplin questioned the feasibility of hiring an architect on
an "as needed" basis to decide these aesthetic issues. The
architect would be an advisor to the Council, not to have final
decision making authority. Mr. Desharnais said if Council would
decide on these aesthetic parameters and put them in the Code, he
could enforce them.
Asst. Mayor Blank stated that he believes tkT architectural
review board should be established having 5 people, one from each
district to get opinions from all the areas of the commmunity.
They should act as a screening committee with the building
official serving as the chairman and their recommendation would
be brought to Council. He agreed with C/M Taplin that the
Warburton proposal is very complicated, he suggested a simpler
organization. Other Council members stated that there aren't
architects living in each district, that there may be only one in
the entire village.
Attorney Weiss stated that most of the matters that come to the
building department never come to Council. The only issues that
reach Council are 2 or 3 variances a year. With this ordinance
every building permit application that comes in would be reviewed
by the committee and then go to Council with a recommendation for
Council's final decision. That is what Council has to decide on.
Mr. Desharnais stated that landscaping is an issue that needs to
be addressed in the Code rather than leaving it up to the tastes
of any one individual such as himself.
C/M Taplin reiterated his previous suggestion to hire a
consulting architect to review plans as to aesthetics. Mr.
Desharnais stated that whatever is decided upon should be put in
the Code for enforcement purposes.
The consensus of Council opinion is to engage the services of an
architect in lieu of an architectural review board. The Village
Manager indicated she could advertise for applications for
architects pursuant to C/M Taplin's suggestion. She would also
contact Craig A., Smith Assoc. to determine the scope of such
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services they may have available. She inquired as to whether
Council does or does not want a review board to give
recommendations on variances. The response was in the
affirmative.
C/M Boggess stated that what Council is saying is to have an
architect help write a new Code of regulations and then there
wouldn't be much need for a consultant because it would be a
matter of complying with the Code or applying for a variance.
Carole Morris, Village Manager, indicated she would contact Bill
O'Leary for recommendations. She also asked Council to advise
her of any recommendations they may have for appointment to an
advisory board to review variances. C/M Boggess suggested
getting in touch with Stanley Whitman because he would have
people who would be valu&ble.
Council agreed that they would abandon the concept of an
architectural review board as recommended by Prof. Warburton and
a PUD. 4
After discussion of the issue of "hardship" vs "practical
difficulty" as relates to application for a variance, Council
agreed to keep "practical difficulty".
No action was taken.
9. Other Business
A. Bicycle Riding on Sidewalks and Jogging Path - Bob Maute
asked the Attorney if he looked into the bicycle ordinance that
was passed last month as to whether there is a state law
permitting cycling on the sidewalk, superceding local law. Mr.
Weiss responded that there are no cases which would set a
precedent on that specific point. Many communities have had the
same law in effect for years. However, an argument could be made
that they conflict with state law.
Mr. Maute doesn't understand why the Council passes a law that
can't be enforced which gives the residents a false impression
that they are protected. Also if a Police Officer instructs a
cyclist to go into the roadway and off the sidewalk against the
state law and is injured as a result of that action, it leaves
the Village open for litigation.
Mayor Stern recalled that originally the ordinance was to address
no cycling on the jogging path. As a result of a request from a
citizen, the law was expanded to include sidewalks.
Police Chief Baquero stated that the state law is vague on the
issue. It prohibits bicycle riding on the sidewalks in business
districts, which areas are not continuous or contiguous in the
Village. The police officers cite cyclists -who ride on the
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sidewalks who do not warn or signal pedestrians
approaching or who does not have proper lights.
W further described under what conditions, the
cited. Further, in order to issue a citation, the
would have to see the violation in action.
whom they are
Chief Baquero
cyclists can be
police officer
Asst. Mayor Blank expressed .the feeling that the ordinance cannot
be enforced. C/M Taplin didn't feel this is a serious problem,
that the Village shouldn't spend money policing the jogging path
for this purpose. C/M Boggess stated that whether right or
wrong, what Council is doing is trying to protect the citizens of
Bal Harbour.
1. Craig A. Smith & Associates - Addendum #2 - The
cost is $3,608.00 for services relating 'to renovation of a trash
transfer bin and drainage outfall in the, residential area. The
trash bin is located near the yacht basin and is,in very poor
condition. A site plan would be preparedli followed by a request
to the Bal Harbour Club to provide an additional easement. It is
an improvement in sanitation and aesthetics. The present
condition has generated a proliferation of cats and ducks, etc.
C/M Hirschl moved to approve the Addendum #2 to the Craig A.
Smith contract, seconded by C/M Boggess.
Vote Taken: All Voted Aye
'G. rvi..uc Of-aL.LUIL L=11VVCLC..LUL1 - UPPLVyaJ. O= p1das-
Mrs. Morris advised Council that the plans were included in their
agenda packets with one set posted in Chambers. There are not
many dramatic changes. The hallway leading from the rear of the
Village Hall building will have limited access for better
control. It will keep incoming prisoners separated from the
public coming into the administrative, offices. The Village
Managers secretary's office will be reduced to make room for the
records area. The office currently used by the records officer
on the second floor will become the employee lounge and the
kitchen will become the detective bureau. The affected
departments heads have reviewed the plans and are in agreement
with them. Mr. Arango, architect, believes the renovations can
be accomplished within the $50,000.00 established budget.
Asst. Mayor Blank moved to approve the plans and to proceed with
the project, seconded by C/M Taplin.
Vote Taken: All Voted Aye
3. Police Department - approval of purchase of
vehicles - Mrs. Morris stated that the Village has made it a
practice of purchasing used Florida Highway Patrol cars. In the
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last year, the Village has accumulated almost double the number
of cars held previously with one car being assigned to two
officers. This procedure has significantly reduced maintenance
costs. The FHP cars are only available once a year, which
happens to be now. It was not anticipated to have to buy cars at
this point to replace three cars; however, there is money in the
funded depreciation account. The request is to purchase three
vehicles to replace three older vehicles having about 100,000
miles each. The Village mechanic would inspect the available
cars and pick the best three among them. Mrs. Morris is
requesting an approval to spend up to $6,150.00 for the three
cars.
Asst. Mayor Blank asked Mrs. Morris how many of the ten cars
purchased last year from FHP are good cars. She identified about
eight cars that are still on the road. The cars will not have
tinted windows and will be four door vehicles (Ford STD)
Chief Baquero stated that previously the Village purchased three
vehicles every two years which cost about $33,006�00. By
purchasing cars from FHP, the Village is savings money in the
initial cost and in maintenance costs. The purpose of assigning
a car to two officers is to identify who has been mistreating a
car. As a result, the officers are taking better care of them.
C/M Boggess stated the he believes this is an excellent program
and moved to approve the purchase of the three FHP vehicles,
seconded by C/M Hirschl.
Vote Taken: All Voted Aye
The Village Manager stated that the pump station will be painted
a dark green to blend in with the landscaping. the park will be
completed within two weeks. She said she is looking for Council
input on when to dedicate the park either. during the summer or
wait to the winter months when there will be more residents in
town - perhaps during the Gala Weekend (if held). Mrs. Morris
added that Council needs to address the issue of what to name the
park. She felt that the dedication ceremoney could be used as a
time to publicly thank various poitical figures who have assisted
the Village in various enterprises such as the beach
renourishment project.
Asst. Mayor Blank stated that he believes the park should be
dedicated to Stanley Whitman, owner of the Bal Harbour Shops.
The reputation enjoyed by Bal Harbour of being one of the most
elegant communities in the country is a result in large part of
the Bal Harbour Shops. The park should be named "Whitman Plaza".
C/M Taplin stated that he believes the man who is responsible for
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everything in B&1:;Harbour -is - the founder-kobett---Graheir:. He agrees
Stan Whitman is an 'excellent candidate, buf`-the man who
originated Bal Harbour should be so honored.
C/M Boggess agreed with C/M Taplin in naming the park after Mr.
Graham.
C/M Hirschl stated that the park should be dedicated to the
citizens of Bal Harbour by naming it "Bal Harbour Park"
Mrs. Morris suggested that Council might want to establish the
time for the dedication first. Each Council person can discuss
the naming of the park with his/her constituents and then come in
with recommendations.
Mayor Stern stated that the dedicat-jdn should be ,done when there
are more people in town. The schedules of the political people
need to be taken into consideration since their presence would be
desirable. The autumn would be a better time.
I�
C/M Boggess suggested naming the park "Founders Plaza".
The Council agreed that they like the term "Plaza" better than
"Park".
5. Recycling Program - Update - Mrs. .,Morris stated
that bright yellow post cards were sent out to all residents
,j beginning the previous week, with the second mailing at the end
of this week with instructions of depositing the various types of
garbage and trash and newspapers.
9. Other Business
A. Garber and Goodman - Mrs. Morris noted that the
Council was given copies of the revised media schedule prepared
by Garber and Goodman. Bal Harbour has developed a T.V.
commercial which is being aired currently..
B. July 4th Holiday - There will be fireworks displayed
from a barge anchored off shore at the middle of the beach about
9:00 P.M. for hopefully one half hour.
C. Budget FY 1989/90 - The budget process has begun,
meetings are being held with each department head. Mrs. Morris
asked each Council member to submit any ideas for needed
projects.
Asst. Mayor Blank noted that the Breeder's Cup will be held in
Bal Harbour with the Sheraton as the headquarters. It was
suggested at the Resort Tax Committee that high ranking
dignitaries be brought in by helicopter landing on the roof of
the Bal Harbour Shops. The Code would have to be amended to
allow for this. C/M Boggess added that the Breeder's Cup is the
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"World Series of thoroughbred Racing". It is a four day event
with Saturday, November 3rd, having 7 races with a combined purse
of 10 million dollars. This is an international event with the
most influential people from around the world.
C/M Boggess stated that one of his friends is involved with the
event, so he approached the Sheraton about their facilities for
handling the Gala Ball. So he was able to secure that. The
headquarters hotel had been promised to Turnberry, but was able
to spirit that away and secure the Sheraton for that as well.
Asst Mayor Blank complimented the Village Manager, Carole Morris,
in her handling the Regency Hotel water bill complaint. The
letter she wrote could not have been better.
10. Adjourn - There being no further business., C/M Boggess
moved and Asst. Mayor Blank seconded a motion to adjourn at 11:20
A.M.
Attest:
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