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HomeMy Public PortalAbout1991-01-15 Regular Meeting81 COUNCIL MINUTES JANUARY 15, 1991 MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, January 15, 1991 in the Village Hall Council Chambers. The meeting was called to order at 9:35 a.m. by Mayor Estelle Stern and the roll was called. Those present were: Mayor Estelle Stern Councilman James E. Boggess Councilman Andrew Hirschl Councilman Sol M. Taplin Absent: Asst. Mayor Matthew B. Blank Also present: Stephen Helfman, Deputy Village Attorney Carole S. Morris, Village Manager As a quorum was determined to be present the meeting was commenced. Mayor Stern requested those present observe a moment of silent prayer for our troops in the Persian Gulf. 2. Approval of Minutes: A motion was offered by Mr. Hirschl and seconded by Mr. Boggess to approve the minutes of the December 18, 1990 regular meeting as submitted. There being no changes or corrections the minutes were approved unanimously (4-0). 3. Presentations: There were no presentations offered. 4. Public Hearings: An application for variance of Section 21-291.(1) of the Bal Harbour Village Code from ITT Sheraton (9701 Collins Avenue, Lots 2, 3, and 4 Ocean Front district) was then heard. Mayor Stern opened a public hearing to obtain comment regarding the application. The applicant, represented by their architect Bruce F. Brosch (The Nicholas Partnership, Inc.), explained their request. The request would provide for a new entry way into the property. He noted the inadequacy of the current entrance and elaborated on the proposed design which would accommodate four lanes of traffic under an open air canopy. The new driveway is to be constructed a stamped concrete with new landscaping and a water feature. No change in the existing curb cuts would be made. Mr. Brosch added that this project is a part of a larger hotel renovation planned for the spring. Mr. Taplin noted that the proposal would not make a great deal of difference in the front setback encroachment. Mr. Boggess agreed, adding that the encroachment would not be significantly different from the Bal Harbour Shops. Mayor Stern then closed the public hearing. A motion to approve the variance application was offered by Mr. Taplin and seconded by Mr. Boggess. The motion carried unanimously (4-0) thus becoming: Reg. Council Meeting - 1/15/91 1 82 RESOLUTION NO. 422 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING NON-USE VARIANCE OF SECTION 21- 291.(1) OF THE BAL HARBOUR VILLAGE CODE PERTAINING TO PROPERTY LOCATED AT 9701 COLLINS AVENUE (LOTS 2,3, AND 4 OCEAN FRONT DISTRICT OF BAY HARBOR); PROVIDING FOR AN EFFECTIVE DATE. A application for variance of Section 21-102.(a) of the Village Code by the owner of the property, Viola Eblinq/Mr. and Mrs. George studdle, (166 Bal Bay Drive, Lot 15, Block 1 of the residential district) was the heard. Mayor Stern opened a public hearing on this application. The owner was represented by Jerry Simmons, architect. Mr. Simmons explained that the applicant is seeking a variance to permit construction 2'2" into the side setback in order to prevent overcrowding of rooms in the new addition. He noted that prior to the meeting Mrs. Studdle had provided him with an additional plan of the home reflecting a different existing side setback. Noting the discrepancy, Mayor Stern suggested that this matter be deferred until a new survey is submitted and closed the public hearing on this matter. A motion to table the application until a survey is submitted was offered by Mr. Boggess and seconded by Mr. Hirschl. The motion carried unanimously (4-0) and the matter will be readdressed upon receipt of a survey. 5. Ordinances: An ordinance providing for filling of a vacancy is candidacy following closing of the qualifying period was presented for second reading. The ordinance was read by title by Mrs. Morris. Mayor Stern opened a public hearing on the ordinance and, as no one sought to address the Council, closed the public hearing. A motion to enact the ordinance was offered by Mr. Boggess and seconded by Mr. Taplin. The motion carried unanimously (4-0) thus becoming: ORDINANCE NO.359 ORDINANCE OF BAL HARBOUR VILLAGE CREATING SECTION 8-71 OF THE BAL HARBOUR VILLAGE CODE; PROVIDING FOR FILLING A VACANCY IN CANDIDACY CAUSED BY DEATH, WITHDRAWAL, OR REMOVAL FROM THE BALLOT OF A QUALIFIED CANDIDATE FOLLOWING THE END OF THE QUALIFYING PERIOD WHICH LEAVES FEWER THAN TWO CANDIDATES FOR AN OFFICE; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE. 6. Resolutions: A resolution was read by title by Mrs. Morris calling for Congress to amend the Fair Labor Standards Act to permit waiver of Sections 206, 207 and 211. A motion to adopt the resolution was offered by Mr. Hirschl and seconded by Mr. Boggess. The motion carried unanimously (4-0) thus becoming: Reg. Council Meeting - 1/15/91 2 B3 RESOLUTION NO. 423 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, CALLING FOR THE CONGRESS OF THE UNITED STATES TO AMEND THE FAIR LABOR STANDARDS ACT TO PERMIT PUBLIC EMPLOYER AND CERTIFIED BARGAINING AGENTS TO WAIVE SECTIONS 206, 207 AND 211 OF THE FAIR LABOR STANDARDS ACT BY COLLECTIVE BARGAINING AGREEMENT. A resolution was then read by title by Mrs. Morris calling for support of full participation of American industry in the provision of telecommunications equipment and services. Gus Alfonso, Asst. Manager for Southern Bell, explained the ramifications and importance of this resolution. Mayor Stern noted that the Dade League is in support of this resolution. A motion to approve the resolution was offered by Mr. Taplin and seconded by Mr. Hirschl. The motion carried unanimously (4-0) thus becoming: RESOLUTION NO. 424 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, SUPPORTING FULL PARTICIPATION OF AMERICAN INDUSTRY IN THE PROVISION OF TELECOMMUNICATIONS EQUIPMENT AND SERVICES. 8. Reports and Recommendations: Mr. Boggess noted that the Department of Transportation (D.O.T.) had recently installed a "No U-turn" sign on the northbound portion of the intersection at 99th Street and Collins Avenue. He explained that he had reported to the Village Manager an ongoing problem with vehicles, executing the u-turn, coming onto the driveway in front of 9940 Collins. Such vehicles were having a detrimental effect on the driveway and sidewalk in this area. Mrs. Morris explained that this problem had been reported to D.O.T. and resulted in the installation of the sign which seems to have multiplied rather than negate the problem. The Village had been in contact with D.O.T. relative to removal or modification of the sign. Mrs. Morris was directed that, in the future, all traffic issues should be heard by the Council. The Council then began interviewing of the applicants for the Village Clerks' position. The applicants, Jeanette Horton, Teresa M. Smith, Jeffrey Naftal and Sherrie Harris, were eached questions regarding their past experience and qualifications. Following conclusion of the interviews a motion was offered by Mr. Boggess and seconded by Mr. Hirschl to offer the position to Jeanette Horton. The motion carried unanimously (4-0). It was agreed that Mrs. Morris would extend the offer to Mrs. Horton at a salary range of $33,000 - $35,000 with a salary review in four months. The Council extended their thanks and appreciation to the members of the Selection Committee. Mrs. Morris requested the Council's authorization to proceed with execution of an agreement with Zambelli Internationale for the Reg. Council Meeting - 1/15/91 3 84, annual Fourth of July fireworks display thereby taking advantage of a 5% discount. A motion to approve proceeding with this agreement was offered by Mr. Boggess and seconded by Mr. Hirschl. The motion carried unanimously (4-0). Mrs. Morris reported that the quarterly financial statement was included in the Council packet. At this time the Village is in sound financial position and no major difficulties are anticipated. Mrs. Morris briefly updated the Council as to plans for expansion of our recycling program. Collection of glass, aluminum, plastic and newspaper will begin in March. She anticipates presentation of a contract for purchase of the recyclables at the February meeting. 9. Other Business: Mr. Hirschl, noting that the Beautification Committee is currently meeting to plan the annual dinner/dance and to select award winners suggested that it would be appropriate for the Committee members to recuse themselves from consideration for awards. Mr. Boggess also urged the Committee to include the multi -family buildings west of Collins in their deliberations. 10. Adjourn: A motion to adjourn the meeting was offered by Mr. Boggess and seconded by Mr. Hirschl. The motion carried unanimously (4-0) and the meeting adjourned at 11:45 a.m. Mayor ATTEST: I;�.'ke( 1. �..; illage Clerk /csm Reg. Council Meeting - 1/15/91 4