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Home My Public Portal About1991-05-21 Regular Meeting107 COUNCIL MINUTES MAY 21, 1991 MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, May 21, 1991, in the Village Hall Council Chambers. The meeting was called to order at 9:30 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 James E. Boggess Councilman Sol M. Taplin Also Present: Richard J. Weiss, Village Attorney Carole S. Morris, Village Manager Jeanette Horton, Village Clerk 2. Approval of Minutes: A motion was offered by Councilman Blank and seconded by Asst. Mayor Hirschl to approve the minutes of the April 15, 1991 Induction Meeting as submitted. There being no changes or corrections the minutes were approved unanimously. A motion was offered by Councilman Boggess and seconded by Councilman Blank to approve the minutes of the April 16, 1991 Regular Meeting as submitted. There being no changes or corrections the minutes were approved unanimously. A motion was offered by Councilman Taplin and seconded by Asst. Mayor Hirschl to approve the minutes of April 30, 1991 Workshop Meeting as submitted. There being no changes or corrections the minutes were approved unanimously. 3. Presentations: Officer of the Month - Det. Larry Freeman Police Chief Treppeda recapped the case that resulted in Det. Freeman being chosen Officer of the Month. Chief Treppeda presented Det. Freeman with a plaque. Mayor Stern congratulated Det. Freeman and presented him 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 32 Block 3, Bal Harbour Residential Section, more commonly known as 114 Camden Drive, to permit encroachment into required 10' set - back. Mrs. Morris explained the structure was built without plans, permits or inspections, and encroaches 6.34 feet into the setback. If variance is granted this structure would impede the 108 flow of light and air and would cause overcrowding of the land. Mr. Sabatino, Attorney for Mr. Markitell, explained that the property was purchased in 1985 and the bathroom was added in 1988 by a General Contractor. Councilman Blank questioned the application stated 2 1/2' or more. Mr. Sabatino replied it angles 6' into setback. Asst. Mayor Hirschl questioned if plans where submitted, Mr. Sabatino replied no. Mayor Stern opened the Public Hearing. Mayor Stern read correspondence from the following: Bal Harbour Civic Assn.,Inc. Ted Blum, 111 Bal Bay Drive Martin Neca Logan, 115 Camden Drive A11 of which contained recommendation that the variance application be denied. Mr. Farrey owner of adjacent Lot 23 was present and voiced his objection to variance being granted. After discussion Mayor Stern closed the Public Hearing. Councilman Boggess stated he would abstain from voting on this issue due to personal conflict. A motion was offered by Asst. Mayor Hirschl that variance be denied. Motion died for lack of second. Mrs. Morris stated structure was built in violation of code. Asst. Mayor Hirschl stated would be opening pandora box if variance granted. A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Taplin that variance be denied. The motion carried (3-2). Councilman Blank nay , and Councilman Boggess abstained. Application for variance of Chapter 15 of the Bal Harbour Village Code from the owner of the property located at S. E. corner Collins Ave./Harbour Way, to replace existing entrance sign. Mrs. Morris explained Chapter 15 of the Bal Harbour Village Code. Village Attorney Richard Weiss stated there is a question of ownership. Mr. Riso, President of the Bal Harbour Civic Assn. explained that the Bal Harbour Club made deed to property owners of district 5. Village Attorney stated would like to set up meeting with Attorney for Bal Harbour Civic Assn. A motion was offered by Councilman Boggess and seconded by Councilman Taplin that application be deferred until next meeting. The motion carried ( 4-1) Asst. Mayor Hirschl voting 05-21-91 Reg. Council Meeting. 2 111 nay. 5. Ordinance - Second Reading/Public Hearing: No Ordinances were presented for second reading. 6. Ordinances - First Reading: An Ordinance was read, by title, amending section 5.5 of the Code of Bal Harbour Village: requiring the owners of dogs to immediately remove from public streets and sidewalks excrement from such dogs; providing for severability, inclusion in the code and effective date. Councilman Boggess stated Ordinance should be expanded. A motion was offered by Councilman Boggess and seconded by Asst. Mayor Hirschl that Ordinance be amended that the owner of a dog shall immediately remove from public and private property any excrement from such dog. There being no other amendments the motion carried unanimously (5-0). An Ordinance was read, by title, amending section 18 -42, et sec,; creating a Resort Tax Committee; specifying membership on the Resort Tax Committee; providing for severability, inclusion in the code and effective date. Village Attorney explained how the committee is currently set up and at the direction of the Council based committee on three members. Councilman Blank stated three members are insufficient need at least five. A motion was offered by Asst. Mayor Hirschl and seconded by Councilman Taplin to amend Ordinance that committee be comprised of five members and that one of the five shall be a member of the Village Council. There being no further amendments the motion carried unanimously ( 5-0). An Ordinance was read, by title, amending Chapter 13 of the Sal Harbour Village Code; providing that Police Officers shall participate in the plan upon employment as a Police Officer; clarifying the definition of a Police Officer; clarifying the basis for consideration for disability benefits for a Police Officer; providing for foreign investments; providing that the retirement board is solely responsible for administration of the plan; providing the retirement board shall establish guidelines for the investment managers to follow. Mrs. Morris explained Ordinance and referred to letter sent by Village Attorney to State of Florida copy of which was included in agenda packet. A motion was offered by Asst. Mayor Hirschl and seconded by 05-21-91 Reg. Council Meeting. 3 112 Councilman Boggess to approve . The motion carried unanimously (5-0). 7. Resolution: A Resolution was read, by title urging the Governor to veto Senate Bill No. 1902. Mrs. Morris explained Resolution would expand preemption from County regulations to certain non public sector bus operations. A motion was offered by Councilman Boggess and seconded by Councilman Taplin. The motion carried unanimously (5-0) thus becoming: RESOLUTION NO. 440 RESOLUTION URGING THE GOVERNOR TO VETO SENATE BILL NO. 1902 WHICH WOULD EXPAND THE PREEMPTION FROM COUNTY REGULATION AFFORDED TO CERTAIN NONPUBLIC SECTOR BUS OPERATIONS 8. Salute to our Troops - Attorney Greg Borgognoni: Vivian Sanchez was present from Commissioner Collins office and Khalid Salahuddin spoke in the absence of Mr. Borgognoni. Mr. Salahuddin reviewed the program for welcoming home our troops on June 14, 1991. He requested financial assistance and gave amounts donated by other cities. A motion was offered by Councilman Taplin and seconded by Asst. Mayor Hirschl to donate $2,500. A motion was offered to amend to increase donation to $5,000 by Councilman Boggess. The motion died for lack of second. The original motion carried unanimously (5-0) 9. Reports and Recommendations: Mayor and Council No reports or recommendations to present to Council Village Attorney: No report or recommendations to present to Council Village Manager: 1. Water Tank Repair - Mrs. Morris explained it was discovered that roof hatch and dome vent are need of repair. The cost of repairs is $ 3,285.00. A motion was offered by Councilman Taplin and seconded by Asst. Mayor Hirschl to authorize repairs of water tank in the amount of $ 3,285.00. The motion carried (5- 0) 2. Painting of Garbage Trucks - Mrs Morris explained we have three garbage trucks in need of painting. Two vendors quoted as follows: New Body Automotive $ 10,850 Casso's Paint & Body $ 12,560 05-21-91 Reg. Council Meeting. 4 113 Request denied for lack of motion to approve. 3. 45th Birthday Celebration - Mrs. Morris showed samples of banners and discussed location of celebration. Councilman Boggess recommended item be tabled until next meeting. 9. Other Business: No other business was presented. 10. Adjourn: There being no further business Councilman Boggess moved to adjourn, seconded by Councilman Taplin. Meeting adjourned at 11:30 a.m. Mayeir C Attest: (1.4(Le 2 /h7,4 C_ illage Clerk 05-21-91 Reg. Council Meeting. 5