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
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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
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M car Stem
1-16-90 Reg. Council Mtg. 7.