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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. Reg. Council Mtg. 6/20/89 2. V' 991 -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 Reg. Council Mtg. 6/20/89 3. 9ZI 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 Reg. Council Mtg. 6/20/89 4. 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 Reg. Council Mtg. 6/20/89 5. ZZI 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 Reg. Council Mtg. 6/20/89 6. 091 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 Reg. Council Mtg. 6/20/89 7. STi 61 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 Reg. Council Mtg. 6/20/89 8. 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 Reg. Council Mtg. 6/20/89 9. Vs "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: Reg. Council Mtg. 6/20/89 10. 991