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Home My Public Portal About1991-04-16 Regular Meeting97 COUNCIL MINUTES APRIL 16, 1991 MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, April 17, 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 Asst. Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman Sol M. Taplin Councilman James E. Boggess Also Present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Manager Jeanette Horton, Village Clerk As a quorum was determined to be present the meeting was commenced. 2. Approval of Minutes: A motion was offered by Councilman Taplin and seconded by Councilman Boggess to approve the minutes of the March 19, 1991 regular meeting as submitted. There being no changes or corrections the minutes were approved unanimously. 3. Presentations; Officer of the Month Jay Smith and Cpl Charles Merrill. Police Chief Treppeda recapped case that resulted in Officer Smith and Cpl Merrill being chosen Officer of the Month. Chief Treppeda presented Officer Smith and Cpl Merrill with a plaque. Mayor Stern congratulated Officer Smith and Cpl Merrill and presented each with a check. 4. Public Hearing: Application for variance of section 21-127 of the Bal Harbour Village code from the owner of the property located at Lot 21 Block 6 residential district of Bal Harbour Village ( 184 Park Drive) to permit encroachment into the required 10' side setback. Mayor Stern opened the Public Hearing on the application. Mr. Itzkovits, Attorney for Mr. Marriott stated that abutting property is owned by Mr. Marriott , gave size of addition and how built. Mr. Bruno questioned size of lot. Building Official stated compatiblity with other structures in 04-16-91 Reg. Council Meeting. 1 98 doubt, less light and air also access lessen to fire equipment. Mrs. Morris explained currently in violation since no permits were issued. Anthony Riso, stated he was against the Council granting a variance. Mayor Stern closed the Public Hearing. A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Taplin the variance be denied. The motion carried unanimously (5-0). Application for variance of section 21-127 of the Bal Harbour Village Code from the owner of the property located at Lots 13 and 14 Block 6 residential district of Bal Harbour (181 Bal Cross Drive) to permit encroachment into the required 10' side setback. Mayor Stern opened the Public Hearing on the application. Mr. Itzkovits, Attorney for Mr. Marriott explained construction of canopy. Building Offical stated does not compile with South Florida Building Code. Village Attorney explained if in compliance have ability to grant variance. After discussion Mayor Stern closed the Public Hearing. A motion was offered by Councilman Boggess and seconded by Asst. Mayor Hirschl variance be denied. The motion carried unanimously (5-0). 5. Ordinances - Second reading/ Public Hearing: An Ordinance was read, by title, regarding size of vegetation accepted at the trash transfer disposal area. Mayor Stern opened a Public Hearing to receive comments. Mrs. Morris explained only applies to trash transfer disposal area. After discussion Mayor Stern closed the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to approve the Ordinance. The motion carried unanimously (5-0) thus becoming: ORDINANCE NO. 360 ORDINANCE OF BAL HARBOUR VILLAGE AMENDING SECTION 16-49(b) OF THE BAL HARBOUR VILLAGE CODE REGARDING SIZE OF VEGETATION ACCEPTED AT THE TRASH TRANSFER DISPOSAL AREA; PROVIDING FOR 04-16-91 Reg. Council Meeting. 2 I01 SEVERABILITY; INCLUSION IN THE CODE AND EFFECTIVE DATE. 7. Resolution: A resolution was read, by title, authorizing the Village Manager to execute a Mutual Aid agreement with the City of North Bay Village . Mayor Stern opened a Public Hearing for comments. Mrs. Morris explained agreement and liability. We currently have agreements with several other neighboring Cities and Dade County. A motion was offered to approved the Resolution by Asst. Mayor Hirschl and seconded by Councilman Blank. The motion carried unanimously (5-0) thus becoming: RESOLUTION NO. 433 RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A MUTUAL AID AGREEMENT BETWEEN BAL HARBOUR VILLAGE, FLORIDA AND THE CITY OF NORTH BAY VILLAGE, FLORIDA, AUTHORIZING EXECUTION OF THE AGREEMENT AND PROVIDING FOR AN EFFECTIVE DATE. 8. Reports and recommendations: Mayor and Council Asst. Mayor Hirschl discussed the tour he took with Building Inspector. Very concerned about violations and questioned Mrs. Morris what is being done to correct code violations. Mrs. Morris stated work is being shut down, red tagging jobs but this is a slow process. Understand intent of Council to enforce code but will take time to clean up past violations. Village Attorney Village Attorney Richard Weiss reported met with Mr. Stan Whitman and Mrs. Morris and discussed the procedures for appointment of numbers of members to the Resort Tax Committee. It was decided that the members should serve at the will of the Council and be subject to Financial Disclosure Law. Village Attorney Richard Weiss stated could write for opinion from Attorney General if subject to Financial Disclosure.Next meeting will have Ordinance appointing Resort Tax Committee by the Council. Councilman Blank questioned the condition of the Regency. Mrs. Morris suggested that would come under proposed appearance code. A workshop was schedule for April 30, 1991 at 4 p.m. Mrs. Morris stated Village Attorney Richard Weiss has opened his own Law Firm, Weiss, Serota and Helfman,P.A. Councilman Blank recommended retain Richard Weiss as Village Attorney. Asst. Mayor Hirschl questioned current contract with Fine, Jacobson . Village Attorney Weiss explained was open end 04-16-91 Reg. Council Meeting. 3 io? contract. A Resolution was read, by title, authorizing the Village Manager to terminate the current agreement for legal services and be authorized to enter into agreement with Weiss, Serota and Helfman. A motion to approve the Resolution was offered by Councilman Blank and seconded by Councilman Taplin. The motion carried unanimously (5-0) thus becoming: RESOLUTION NO.434 RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE VILLAGE MANAGER TO TERMINATE THE CURRENT AGREEMENT FOR LEGAL SERVICES WITH FINE, JACOBSON, SCHWARTZ, NASH BLOCK & ENGLAND, P.A; AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO AN AGREEMENT WITH THE FIRM OF WEISS, SEROTA AND HELFMAN, P.A.; APPOINTING DEPUTY VILLAGE ATTORNEY'S. Village Manager: 1. Award of Bid for Painting Water Tank - Mrs. Morris read bids received. Recommend accept bid from Southland Painting Corp. in the amount of $ 8,650.00 . This bid was the 2nd lowest received , Mrs. Morris gave reasons for recommendation. A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Boggess to accept the bid from Southland Painting Corp. The motion carried unanimously (5-0) 2. Approval of Computer Acquisition for Police Department. A motion was offered by Councilman Blank and seconded by Asst. Mayor Hirschl that the Village Manager is authorized to purchase Computer equipment for the Police Department as per request. The motion carried unanimously (5-0) 3. Recommendation for Emergency Generator. Mrs. Morris explained proposal received from Craig Smith & Associates for Emergency generator need approval for $ 2,800.00 for site plan and electrical riser diagram ,also specifications for bids and constructions. A motion was offered by Councilman Taplin and seconded by Councilman Blank to approve. The motion carried (4-0). Councilman Boggess voting nay. 4. Purchase of Christmas Decorations Mrs. Morris explained need guidance from new christmas decorations. A motion was offered by Councilman Blank Mayor Hirschl to have Resort Tax Committee The motion carried unanimously (5-0) 5. Quarterly Financial Report Mr. Walker report Dept. 519 Insurance -refund due compensation 04-16-91 Reg. Council Meeting. Council on purchase of and Seconded by Asst. make recommendation. on workman 4 103 Dept. 524 Consultant Fees was explained by Mrs. Morris 9. Other Business: Mrs. Morris explained use agreement with Florida Princess Cruise Lines. A Resolution was read, by title, authorizing the Village Manager to execute a use agreement with Florida Princess Cruise Lines Inc. A motion was offered to approve the Resolution by Asst. Mayor Hirschl and seconded by Councilman Taplin. The motion carried unanimously (5-0) thus becoming: RESOLUTION NO 435 RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A USE AGREEMENT WITH FLORIDA PRINCESS CRUISE LINES , INC.; PROVIDING FOR AN EFFECTIVE DATE. Bob Maute questioned what is planned for 45 anniversary this August 14th. Mrs. Morris stated is working on celebration and will report back to Council. 10. Adiourn: There being no further business Councilman Boggess moved to adjourn, seconded by Councilman Taplin. Meeting adjourned at 11:20 a.m. Mayor Attest: Willage Clerk l 04-16-91 Reg. Council Meeting. 5