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HomeMy Public PortalAbout1992-02-18 Regular Meeting58 COUNCIL MINUTES REGULAR MEETING - FEBRUARY 18, 1992 The regular meeting held on Tuesday, February Harbour Village Hall. The by Mayor Stern. The roll of the Bal Harbour Village Council was 18, 1992 in the Council Chamber at Bal meeting was called to order at 9:35 a.m. 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 commenced. was determined to be present, the meeting 2. Approval of Minutes: A motion was offered by Councilman Taplin and seconded by Councilman Blank to approve the minutes of the January 14, 1992 Public Hearing. There being no changes or additions, the motion carried (5-0), and the minutes were approved as submitted. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Taplin to approve the minutes of the January 21, 1992 Regular Meeting. There being no changes or additions, the motion carried (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Taplin and seconded by Councilman Blank to approve the minutes of the January 28, 1992 Workshop Meeting. There being no changes or additions, the motion carried (5-0), and the minutes were approved as submitted. 3. Presentations: Police Officer of the Year - Kenneth Klingman: Chief Treppeda read from his memo the accomplis�..ents of Officer of the Year for 1992, Officer Kenneth Klingman. of i^er Klingman was presented with a $500 Savings Bond and a 2,1.aque 2r-m. the Village. On behalf of the Bal Harbour Shops, Secur_ty Lircctt,r Jack Wichmann presented Officer Klingman with a cer f )r dinner for two at the Bal Harbour Bistro. Sy Ginsberl, of the Sheraton Bal Harbour, presented Officer Klin mlap with a Council Mtg. - 2/18/92 1 weekend for two at the hotel. 4. Public Hearings: The Village Clerk advised Council that the owner of property located at Lot 10, Bay Harbor Section, Ocean Front District, more commonly known as 10101 Collins Avenue has requested a variance of Section 21-294 of the Bal Harbour Code to permit construction of a model building by reducing the front setback to 10' and the side setback to 10' and further are requesting a permit for the model building without first obtaining a permit for the main building. Mayor Stern then opened the Public Hearing. Mr. George Desharnais, Sr. addressed Council stating the Mr. Lou Brandt, previous owner of the subject property, requested that he assist the new owners in obtaining the appropriate permits from the Department of Natural Resources. He stated that was the extent of his involvement in this matter. He introduced Mr. Sheldon Stein, 9999 Collins Avenue, as the new owner of this property and Mr. Gary Oren, as the General Contractor. Mr. Desharnais provided Council with a rendering of the 19-story 104-unit building proposed for this site to be called The Palace Condominium, the proposed plans of which do not require a variance from the Village. He noted that included in the terms and conditions of the sale, Mr. Brandt will remain in the building until March 29th and have thirty days thereafter with which to remove the contents of the property, which were not included in the sale. It is anticipated that the present building, known as The Regency, will be razed in May, 1992. The model building, for which the variance is requested, will be located in the northwest corner of the property and will be replaced by tennis courts upon completion of its use. Mr. Desharnais showed Council a lay -out of the model building, which will be an exact replica of one apartment in the building. On behalf of the Board of Directors of the Bal Harbour 101, Mr. Leon Cohen addressed Council stating that the 101 would have no objection to the granting of this variance, with the condition that a bond be provided and in the event the Regency was not demolished by May, 1992, the owner would have to tear down the model building. In response to Councilman Boggess's question as to the type of signage attached to the model center, Mr. Stein responded that there would be no advertising signs on the outside. There will only be one small sign which would say "Models Open". Mr. Stein assured Council of his compliance with the Bal Harbour Village Code. Mr. Helfman asked that the record reflect that this is a Public Hearing and the public is encouraged to speak. He reminded Council of the specific criteria to be met, in accordance with the Code, in granting this variance, should that be their desire. In addition thereto, specific conditions may be imposed when granting Council Mtg. - 2/18/92 2 this variance. Mrs. Morris suggested that two conditions be imposed - 1) that the owner provide a bond or letter of credit that would provide for removal of the model building in the event of abandonment and 2) provide for a certain length of time that the model building is to remain. After Mayor Stern closed the Public Hearing, a motion was offered by Councilman Taplin, and seconded by Councilman Blank to grant the variance, inasmuch as the application meets the criteria outlined in Section 21-53 of the Bal Harbour Village Code, subject to the following conditions: 1) term of variance would be one year from date of the permit for the model; 2) owner to provide surety/cash bond or letter of credit in the amount of $10,000 for removal of model center in the event it is deemed abandoned; 3) in the event the Regency building is not removed on or before June 1, 1992 the Village will have the right to demolish the model center. After amendment by Councilman Boggess to provide that the term of the variance would be 14 months from the date of the permit of the model center, the motion carried unanimously (5-0) and the variance was granted. 5. Ordinances - Second Reading/Public Hearing: None. 6. Ordinances - First Reading: None. 7. Resolutions: A. A Resolution was read by title by the Village Clerk approving the PBA Collective Bargaining Agreement. A motion was then offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to adopt the Resolution. The motion carried unanimously (4-0)1. RESOLUTION NO. 451 RESOLUTION OF BAL HARBOUR VILLAGE APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. AND BAL HARBOUR VILLAGE; AUTHORIZING EXECUTION BY THE VILLAGE MANAGER AND PROVIDING AN EFFECTIVE DATE. B. A Resolution was read by title by the Village Clerk 'Councilman Taplin was out of the room at this time. Council Mtg. - 2/18/92 3 inviting former mid -east hostages to share in Dade County's July Fourth celebration as guests of honor. A motion to adopt this Resolution was offered by Assistant Mayor Hirschl and seconded by Councilman Blank. There being no further discussion, the motion carried unanimously (4-0). RESOLUTION NO. 452 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA INVITING FORMER MID -EAST HOSTAGES TO SHARE IN DADE COUNTY'S JULY FOURTH CELEBRATION AS GUESTS OF HONOR; PROVIDING FOR AN EFFECTIVE DATE. C. A Resolution was read by title by the Village Clerk requesting the Governor, Legislature and Pari-Mutual Commission to grant Hialeah Race Track a share of the prime winter racing dates. A motion to adopt this Resolution was offered by Assistant Mayor Hirschl and seconded by Councilman Blank. There being no further discussion, the motion carried unanimously (5-0).2 RESOLUTION NO. 453 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA, REQUESTING THE GOVERNOR, THE FLORIDA LEGISLATURE AND THE PARI-MUTUAL COMMISSION TO GRANT HIALEAH RACE TRACK A SHARE OF THE PRIME WINTER RACING DATES. 8. Reports and Recommendations: A. Mayor and Council: In response to a telephone call he received from the city of Northport Councilman Blank advised that he discussed with Mrs. Morris her position as Village Manager. He reiterated a small portion of the accomplishments of the Village Manager during her term, i.e.: 1) conduction of a smooth transition of the Police Department from old to new administration resulting in increased morale and productivity; 2) institution of Code Enforcement procedures and increased code enforcement; 3) continuation of budget responsibilities which she performed as Village Clerk and continues to perform as Village Manager; 4) supervision of preparation of the Appearance Code; 5) smooth day to day operation of the Village including landscaping, maintenance and daily operations. 'Councilman Taplin re-entered the room during the reading of this Resolution. Council Mtg. - 2/18/92 4 62 Inasmuch as Mrs. Morris expressed her concern as to the lack of security in her present position, Councilman Blank assured her that he would present this matter for Council's discussion. She then withdrew her application from the City of Northport. As a vote of confidence and in consideration of the above, a motion was offered by Councilman Blank and seconded by Assistant Mayor Hirschl to authorize the Village Attorney to prepare a contract between the Village and Mrs. Morris which would include a severance pay of three months salary at her termination. Councilman Blank explained that inasmuch as a salary increase was not budgeted, this matter could be discussed during the next budget period. There being no further discussion, the motion carried unanimously (5-0). B. Village Attorney: None C. Village Manager: 1. Sign Permit Approval: Mrs. Morris related to Council that the owner of 90 Park Drive has requested permission to install a sign on the property. Council was provided with a drawing of the proposed sign and a map showing placement thereof on the property. After expressing certain concerns relative thereto, it was Council';: decision to defer action on this matter until such time as the applicant is available to address Council. 2. Request for Authorization to Proceed with Purchase of Beach Furniture: Mrs. Morris requested Council's approval to proceed with the purchase of replacement beach furniture consisting of 15 litter receptacles and 4 redwood benches in the amount of $4,306.00. A motion to proceed with this expenditure was offered by Councilman Boggess and seconded by Councilman Taplin. The motion carried unanimously (5-0). Assistant Mayor Hirschl requested that Mrs. Morris research the cost of purchasing plastic furniture having a wood appearance. 3. Request for Authorization to Proceed with Purchase of Office Furniture for Police Department: Noting the age of some of the equipment in the Police Department, Mrs. Morris requested Council's approval to expend the sum of $7,256.65 for replacement thereof. She explained that where existing equipment is still useable, it will be rotated into usage in other departments and that which is beyond repair will be surplused. A motion to approve this expenditure was offered by Assistant Mayor Hirschl and seconded by Councilman Taplin. The motion carried unanimously (5-0). 4. Council was then apprised by Mrs. Morris of the upcoming Coconuts Festival Run on February 22nd which will begin in Haulover and come into the boundaries of Bal Harbour. Appropriate Council Mtg. - 2/18/92 5 insurance and off -duty police personnel have been provided for. 5. Pursuant to Council's previous direction, Mrs. Morris obtained prices for and presented samples of keys, plaques and paperweights for their selection. After much discussion, it was Council's decision to re -order the existing letter opener, enlarging the key therein if possible, changing the artwork to include the design provided by Mr. Goodman and providing for the initials "BHV" at the bottom of the key. Cases would be ordered, similar to those used presently; however they would be blue in color on the outside and the inside would be engraved with only the wording "Bal Harbour Village" and no individual names. 9. Other Business: Reappointment of Special Masters: Inasmuch as the present terms of the Special Masters have expired, it was the Village Manager's recommendation that Darcee Siegel, John Arenstam and Ben Oremland be re -appointed to serve in that capacity. A motion was offered by Councilman Blank and seconded by Assistant Mayor Hirschl to ratify these appointments. The motion carried unanimously (5-0). Relative to correspondence provided to Council from Village resident Dr. Marvin Shuster, and Bal Harbour Manor resident Geoff Matthews, Councilman Blank inquired into the Village's jurisdiction in the residential district. After much discussion as to the authority of the Civic Association and noting that they have not yet provided documents to Council as previously requested, i.e. membership, By -Laws, etc., Council directed Mrs. Morris to notify the Civic Association that they must provide said documents to Council before the March regular Council meeting. In addition thereto, Mrs. Morris was directed to respond to Dr. Shuster's letter and to encourage the Civic Association to allow the residents of Bal Harbour Manor and One Harbour Way to purchase remotes that would provide access through the Collins Avenue entrance only. 10. Adjourn: There being no further business to come before Council, a motion to adjourn was offered by Councilman Taplin and seconded by Assistant Mayor Hirschl. The motion carried unanimously, (5-0) and the meeting adjourned at 11:10 a.m. MAYOR ESTELLE STERN (`EANETTE HORTON, VILLAGE CLERK /tms Council Mtg. - 2/18/92 6