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
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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
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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.
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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.
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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
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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
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