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HomeMy Public PortalAbout1991-11-19 Regular Meeting40 COUNCIL MINUTES REGULAR MEETING - NOVEMBER 19, 1991 The regular meeting of the Bal Harbour Village Council was held on Tuesday, November, 19, 1991, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:35 a.m. by Mayor Stern. The roll was called and those present were: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Also present: Carole S. Morris, Village Manager Jeanette Horton, Village Clerk Stephen J. Helfman, Deputy Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Taplin and seconded by Councilman Boggess to approve the minutes of the October 15, 1991 meeting. Assistant Mayor Hirschl stated that he quoted incorrect information relative to resort tax and would like the minutes to reflect the correct information, as follows: The resort tax for Miami Beach is 5%, which is combined with a convention development tax; Dade County is 5%, combined with a convention development tax and Surfside is 2% with no convention development tax and Bal Harbour is 3% with no convention development tax. Mayor Stern requested that Mrs. Irene Imlack's address be corrected. There being no further changes or additions, the motion carried (5-0), and the minutes were approved as amended. 3. Presentations: Officer of the Month - None. 4. Public Hearings: None. 5. Ordinance - Second Reading/Public Hearings: None. 6. Ordinances - First Reading: An Ordinance was read, by title, by the Village Clerk, providing for penalties for various violations of Village Ordinances. Mayor Stern opened a Public Hearing for comments. Mrs. Morris noted that in some areas of Code Enforcement, penalties were not provided for and the purpose of this Ordinance is to provide a "catch-all", wherein the fine shall not exceed $250, but would be at the discretion of the Code Council Mtg. - 11/19/91 1 Enforcement Officer. These figures are prescribed in the state statute which provides Code enforcement procedures and most municipalities have incorporated these figures into their Codes. These fines are imposed at the discretion of the Code Enforcement Officer, unless it is specifically prescribed in the Code. Council expressed concern that these fines might be excessive. Inasmuch as the Code Enforcement Officers report to the Village Manager, the Manager can request that fines for first-time offenses be less severe than the maximum allowable and Council expressed their desire that this be done. Mayor Stern then closed the Public Hearing. A motion to enact this Ordinance was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl. There being no further discussion, the motion carried unanimously (5-0) and this Ordinance was approved on first reading as AN ORDINANCE OF BAL HARBOUR VILLAGE CREATING SECTION 2-191 (C) OF THE BAL HARBOUR VILLAGE CODE PRESCRIBING PENALTIES FOR VARIOUS VIOLATIONS OF VILLAGE ORDINANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE. 7. Resolutions: None. 8. Reports and Recommendations: A. Mayor and Council: None. B. Village Attorney: Mr. Helfman stated that Mr. Weiss is addressing two conflicts in the Pension Ordinance that Councilman Blank brought to his attention and Council will be advised thereof as soon as possible. C. Village Manager: 1. Request for Authorization to Proceed for Electrical Services Relative to Installation of the Emergency Generator for Village Hall: Inasmuch as the emergency generator should be delivered in the very near future, the automatic transfer switch needs to be installed at this time. Bids were obtained and reviewed by staff and presented to Council. A motion was offered by Councilman Taplin and seconded by Councilman Boggess to award the electrical services contract for installation of the emergency generator/automatic transfer switch to the low bidder, A & W Electric in the amount of $4,900. There being no further discussion, the motion carried unanimously (5-0). 2. Appearance Code Revisions: The revisions to the Appearance Code, as requested by Council at the last workshop meeting, have been made and the next step in the process is to schedule evening meeting dates. Council requested that the Village Manager set a slate of meeting dates for January. Council Mtg. - 11/19/91 2 42 3. Founders Circle Induction - So1 M. Ta lin: Mrs. Morris provided to Council copies of the invitation for this ceremony, tentatively scheduled for Sunday, January 19, 1992. She advised that she has spoken to David Sullivan, Catering Manager at the Sheraton and he has confirmed that although the ceremony is being held in the Sun Bank, the Sheraton would be able to cater the reception, should we so desire. A motion to schedule the reception at 4 p.m. and the ceremony at 5 p.m. on January 19, 1992 was offered by Councilman Blank and seconded by Assistant Mayor Hirschl. There being no further discussion, the motion carried unanimously (5-0). 4. Collins Avenue Landsca e Project: Mrs. Morris introduced Mr. O'Leary, who addressed Council relative to the status of the Landscape Project. As Council requested previously, the first phase of this project is to address the Collins Avenue medians only and accordingly a rendering was presented and explained to Council, as prepared by Mr. O'Leary. Mr. O'Leary stated that new guidelines have been established by the Department of Transportation (D.O.T.) regulating the medians, specifically that with our present type of curbing, any permanent object must be set back four feet from the outside of the curb and no vegetation, with the exception of trunks of tree, can mature any higher than two feet above the top of the curb. He further noted that the fountain at the north end of Collins Avenue was originally erected without permission from D.O.T. and any improvement thereof must be in conformance with D.O.T. regulations. He suggests that the fountain be demolished and that landscaping be placed with a tropical theme. As suggested in the masterplan, vegetation would be removed, relocated within the Village and flowers and low ground cover would be planted. Tall coconut palms would be the only tree utilized in the medians. In addition, a new "leaky pipe" type of irrigation system, the only system permissible by D.O.T., would be installed underground. New, smaller light fixtures would be installed. Mrs. Morris noted that approximately $14,900 has been expended to date to Mr. O'Leary in preparation of the contract documents. After discussion as to the methods of compensation to Mr. Leary, i.e. hourly rate or flat fee, a motion was offered by Councilman Taplin and seconded by Councilman Blank to authorize Mr. O'Leary to proceed with the preparation/plans for the first phase of this project at an hourly fee of $85 per hour not to exceed $30,000. There being no further discussion, the motion carried unanimously (5-0). Councilman Blank suggested existing lighting fixtures in the offer first right of refusal for properties on Collins Avenue for Council Mtg. - 11/19/91 that when and if we remove the median on Collins Avenue, that we the purchase thereof to the other use at their buildings. 3 9. Other Business: Mr. David Migicovsky, Coco's Sidewalk Cafe in the Bal Harbour Shops, requested Council's approval for zoning to proceed with application for a permanent 4 COP liquor license, having previously had a temporary license renewable annually. Mr. Helfman advised Council that the appropriate action to take would be to adopt a Resolution confirming that a restaurant at this location is a permitted use under the Bal Harbour Village Code and the Manager's Office can sign off on the liquor license as complying with the zoning ordinances. The Resolution should approve this as a permitted use subject to compliance with all other applicable regulations within our Code. A motion to extend the appropriate approval to Coco's Sidewalk Cafe to obtain a permanent 4 COP liquor license was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl. There being no further discussion, the motion carried unanimously (5-0). 10. Adjourn: There being no further business to come before Council, a motion to adjourn was offered by Assistant Mayor Hirschl and seconded by Councilman Taplin. The motion carried unanimously, (5-0) and the meeting adjourned at 10:45 a.m. MAYOR ESTELLE STERN JEANETTE HORTON, VILLAGE CLERK /tms Council Mtg. - 11/19/91 4