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HomeMy Public PortalAbout1990-01-16 Regular Meeting171 COUNCIL MINUTES JANUARY 16, 1990 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, January 16, 1990 at 9:30 A.M. in Village Hall. The meeting was called to order by Mayor Estelle Stern and the roll was called. 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: December 19, 1989 Richard Weiss, Village Attorney, asked that the minutes be deferred until the next meeting to give him an opportunity to prepare an addendum covering the portion that followed the Executive Session wherein Council discussed the Village Manager's Christmas bonus. Mayor Stern agreed to defer action on the minutes. Item #3. Presentations: a. Police Department - Citizenship Award to Mr. James Warsager Police Chief Robert Baquero read the plaque presented to Mr. Warsager wherein is stated that Mr. Warsager found a wallet with several thousand dollars in it which he turned into the proper authorities resulting in its return to the owner and his receiving this award. Mayor Stern and the Councilmembers joined Chief Baquero in congratulating Mr. Warsager. b. Police Department Officer of the Month - Steven Goldberg Chief Baquero presented his reasons for this award and offered his congratulations and that of the department. The Mayor and Council joined him in congratulating Officer Goldberg for an outstanding job. Sandy Cohen, Barnett Bank, presented Officer Goldberg with a pair of tickets for a Miami Heat Basketball game. Item #6. Ordinance - First Reading - Amending Sections 10-11, 12-21, 12-23 and Appendix A. Section 5-12 of the Code regulating garbage containers, time restrictions for construction and lawn maintenance activities, parking on lawns and real estate open house sales in the residential district 172 Village Attorney Richard Weiss stated that several months ago the Civic Association presented the Village with a list of problems in the residential district which they would like the Council to address. The Village Manager compared the list to what items were already in the Code. For those items, enforcement would be tightened up. The second step was to prepare legislation to accomplish what they want. Mr. Weiss and Mrs. Morris have spoken with representatives of the Civic Association regarding the proposed ordinance. Mr. Weiss reviewed the ordinance by saying that page 1. provides that garbage containers stored outside must be shielded so as not to be visible from the street. Page 3 - Noises - provides that the noise restriction applicable to Sundays be extended to legal holidays. Except in cases of documented emergencies, work on lawns or construction work requiring use of machinery is prohibited between 5:30 p.m. and 8:30 a.m. Monday through Saturday and all day Sunday and holidays. Except in documented emergencies, no interior work may be performed between the hours of 9:00 p.m. and 8:30 a.m. on any day. The adjunct to these restrictions is the elimination of the work trucks throughout the residential area during these periods. Mr. Weiss stated that Mr. Noto, Civic Association, suggested that the title City Manager should be changed to Village Manager or his/her designee. Page 5 provides for the prohibition of any type of vehicle being stored on the lawn. Also on this page is additional language to the Zoning Code which clarifies that the only uses permitted in residential districts are residential uses. And finally, real estate open house sales, garage sales, etc. are prohibited except by invitation. C/M Boggess stated that it is not unusual for real estate brokers to invite other brokers to the property during specified hours. C/M Boggess questioned the points in the ordinance relating to work on legal holidays. He pointed out that there are legal holidays that are essentially unobserved except for government offices and banks. However, this ordinance would make work done even on those days illegal. In addition, with respect to the provision that prohibits parking on lawns, C/M Boggess ashed how would this ordinance affect property that may have gravel, etc. instead of grass? Attorney Weiss felt that George Desharnais should answer that question. Attorney Weiss read a provision in the Code that would prohibit parking vehicles on areas other than a paved area designated for that purpose. C/M Boggess further stated that he is concerned with current language in the Code Section 5-12(a) prohibiting "...use of any part of the premises as a business, office or establishment for the purpose of carrying on any business or the practice of 1-16-90 Reg. Council Mtg. 2. 173 rendering personal trade or professional services...". Discussion was held as to what constitutes a business and how other municipalities regulate such activities. Mr. Weiss stated that he would research this question further and prepare language to accomodate everyone's needs. Mr. Noto suggested adding the language "...public business, public office or establishment...any public business...services ...to the public...". C/M Hirschl stated that there is a resident in the village who has developed his property as a compound with the intention of converting one of his homes into a hotel. The residents are concerned that the compound will be interpreted as a hotel at some point in the future. Therefore, the purpose of the new language is to prevent that type of thing from happening. Richard Weiss stated that, for the second reading, he would draft language relating to carrying on a business open to the public. C/M Hirschl reviewed the minutes of the November 1989 meeting wherein was listed the specific issues the Civic Association brought to the attention of the Council for action, such as on/off street parking. C/M Hirschl stated that, on behalf of the residents of the single family area, he would like to see "no overnight parking on the roadways" back in the ordinance. It wouldn't prohibit people from having guests and the driveways are of such a design that they would accommodate additional cars overnight. He said the main offender said if a law was passed, he would comply with it. The goal is to prevent accidents from occurring as a result of cars parked on the road and speeders going through the area. There would special permission allowed to park in the roadway in cases where a resident had more overnight house guests than the driveway could accommodate. This ordinance would only address the single residential area, not the club area or the multi- family area in the village. C/M Hirschl moved and C/M Boggess seconded a motion to prohibit overnight parking in the single family residential area. Vote Taken: A11 Voted Aye The next issue addressed is the noise restriction on legal holidays. Because some legal holidays are observed and some are not, the Village Attorney will rewrite that provision by listing the specific holidays. The holidays are: Christmas, Thanksgiving, Independence Day (July 4th), Memorial Day, New Years Day, Labor Day. Richard Weiss reviewed the amendments agreed upon to be included in the ordinance: 1. on street parking overnight with exception from Village Manager. 2. Paragraph (d), page 3, change "city" manager to "village" manager and add "or designee". Paragraph 1- 1-16-90 Reg. Council Mtg. 3. 174 (c), page 3, delete "and legal holidays" and substitute therefor the specific holidays listed above. Paragraph (e) page 4, add "or designee". Mr. Weiss will draft new language for Section 5- 12(a), which he will present at the next meeting, relating to uses permitted in the residential area. C/M Hirschl moved and C/M Taplin seconded a motion to adopt the amendments. Vote Taken: A11 Voted Aye C/M Taplin moved the approval of the ordinance on first reading as amended, seconded by C/M Hirschl. Vote Taken: A11 Voted Aye Item #8. Reports A. Mayor and Council 1. C/M Hirschl brought to Council's attention what could be considered alarming situations. First he referred to Ordinance #326 - Satellite Dishes. C/M Hirschl recapped the restrictions listed in the ordinance and stated that there is a proliferation of the dishes which have become eye -sores. He doesn't believe the ordinance is being complied with with respect to the landscape requirements. Generally, ordinances are not being enforced. In addition, speeding in the village is of great concern with the traffic laws not being enforced, installation of tool sheds within the setbacks and residents turning their garages into living quarters which violates the Code provision that requires garages. C/M Hirschl believes there is a major communication problem within the administration. He would like the satellite dish ordinance suspended from enforcement until it is rewritten so it can be enforced. Each request should be strictly reviewed and handled on an individual basis for enforcement of applicable Code requirements. Carole Morris, Village Manager, stated that a letter had been sent to the residents who have tool sheds giving them notification that they have 30 days in which to apply for a variance or remove the structure. Further the family that converted the garage to living quarters plans to build a garage on the other side of the property. And this is the first time, Mrs. Morris, stated she has heard of C/M Hirschl's concerns about satellite dishes. C/M Hirschl addressed the issue of the tool shed on the Marsolino property. The Civic Association was instructed to go to the Building Official about this matter. The Village Manager recapped the action taken by the administration. C/M Hirschl 1-16-90 Reg. Council Mtg. 4. 175 stated that he is not attempting to undermine the Manager's office effectiveness; however, there are many things going on that are not under control. Mrs. Morris would ask C/M Hirschl to bring things to her attention so she can work with him. C/M Hirschl feels that the building department is ineffective; that the building official also works for other cities. Mrs. Morris asked C/M Hirschl for the opportunity to discuss the matter privately with him, to which he agreed. B. Village Attorney Code Enforcement Mechanisms - Richard J. Weiss, Village Attorney, introduced this item by saying that there is a feeling in the village that the laws are not being enforced. There are three options recommended by his office: 1. Code Enforcement Board - not recommended by either the Attorney or Manager. However, the county has a one person "special master" to hear cases of violation. The special master would be a retired judge or attorney or arbitrator on a volunteer or minimal pay basis who would hear the cases in Village Hall. The advantages of this method are greater local control and fines can be up to $250/day for the first violation and $500/day for repeat violations, collectible through foreclosure of liens on property. The Village Attorney clarified the satellite dish ordinance for C/M Hirschl by listing the provisions of the ordinance. C/M Hirschl's concern involves enforcement of the ordinance. Asst. Mayor Blank stated that he observed a few antennae above the roofs. The antennae are supposed to be mounted on the ground at not more than 12-15 feet above ground. They are only allowed on the roof in the R-5 district. Richard Weiss suggested that the antennae were there prior to adoption of the ordinance. Mr. Noto stated that the Civic Association stands unequivocally in support of what C/M Hirschl stated. C. Village Manager 1. 4th of July Fireworks Contract - Mrs. Morris stated that the budget currently provides for the same level of fireworks as last year at a price of $10,000. The barge cost at $2,500 last year is expected not to increase. The balance of the cost is for the fireworks with a 5% discount for an early contract signing, which would be applied to additional fireworks in lieu of lower payout. Mrs. Morris asked Council whether they would want more fireworks at a higher cost. The Superstars didn't cost as much as was budgeted ($45,000 instead of $50,000). Everyone has enjoyed the show except that it isn't spectacular enough. C/M Hirschl moved to authorize the Village Manager to execute a contract with Zambelli Internationale, Inc. for a $12,500.00 show 1-16-90 Reg. Council Mtg. 5. 176 to be significantly more spectacular, seconded by C/M Boggess. Vote Taken: A11 Voted Aye Mrs. Morris stated that Zambelli will secure the barge, and they provide full insurance coverage. 2. Status Updates: a. Dock Construction and User Agreement - There were pile drivers brought to do the job that were not strong enough; a different one was brought in which slightly delayed completion. The piles are in place and the dock is being bolted on at this time. The agreement has been sent to the Florida Princess, with no response to date. b. Sak's loading dock - Mrs. Morris spoke with Mr. Whitman who agreed that the hedge is too low and will take steps to correct the situation. c. Holiday decorations photographs - the photographs from Christmas, Gala and Founder's Circle Dedication are available to look at in the office. d. Noise Complaints - Sunday's Restaurant - Mrs. Morris has been working with the County Manager's office to resolve the problem. They have been very cooperative, as well as the Civic Association. e. Trash Transfer Station - Mrs. Morris reported that the administration is ready to go to bid, the bid package is due from the engineer's office on this day. Hopefully the bid award will be at the February Council meeting. It appears the most logical location for temporary placement is the north end of Park Drive facing a vacant lot and adjacent to a residential property. The project should take about three (3) months to complete. C/M Hirschl questioned Mrs. Morris about whether the Village has a copy of the lease agreement signed by Sunday's. He would like to see if there is a provision regarding noise. C/M Hirschl asked about other locations for the trash transfer station. Mrs. Morris stated that additional easements would have to be secured to place it anywhere else and preferred keeping it on village property. Mrs. Morris stated that the Park Drive location is easier for the maintenance people to be directed to without driving through the village to dispose of the lawn waste. Item %8. Other Business A. Beautification Dinner - Mrs. Morris stated that there had been discussion at one time of making it a bi-annual function so it would occur every other year. She asked Council's feeling on making the event every other year or continuing with every year. Mayor 1-16-90 Reg. Council Mtg. 6. 177 Stern stated that it is a complete community event. Mrs. Morris also stated that last year, the committee discussed having professional landscapers judge the properties while the committee would take care of the social aspects of the event. Council agreed to start planning for the event on an annual basis using Bill O'Leary and Taft Bradshaw for judging with those two firms selecting a third. Mrs. Morris said she will proceed to get the committee mobilized. Item #9. Adjourn There being no further business, C/M Taplin moved to adjourn the meeting, seconded by C/M Hirschl at 11:00 a.m. Vote Taken: A11 Voted Aye Mayor Stern reconvened the meeting to hear comments from a member of the audience. Ms. Laura Chalphin new resident at the Harbour House addressed her comments to the boaters who anchor too close off shore leaving odors from fuel. She would like to know what can be done about it. C/M Taplin stated that it is his belief that boats are supposed to be anchored not less than 1500 feet off shore; however, with the village not having a marine patrol there is no way the village can enforce it. Perhaps the police beach patrol can go out on the jetty to tell the boaters to move farther out when they see one that is too close to shore. Chief Baquero stated that the police are already doing that. Mrs. Morris said she would check into it. Attorney Weiss stated that while there is notification of an Executive Session to be held following the regular meeting, it is not necessary at this time. Meeting adjourned. Attest: / Village Jerk YA M car Stem 1-16-90 Reg. Council Mtg. 7.