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