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HomeMy Public PortalAbout1992-09-15 Regular Meeting112 . COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 15, 1992 The regular meeting of the Bal Harbour Village Council was held on Tuesday, September 15, 1992, in the Council Chamber at Bai Harbour Village Hall. The meeting was called to order at 4:06 p.m. by Mayor Stern. The roll was called and those present were: Also present: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Carole S. Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Blank and seconded by Assistant Mayor Hirschl to approve the minutes of the July 21, 1992 Regular Meeting. There being no changes or additions thereto, the motion carried unanimously (5-0), and the minutes were approved as submitted. A motion was offered by Councilman Boggess and seconded by Councilman Blank to approve the minutes of the August_11, 1992 Special Meeting. There being no changes or additions thereto, the motion carried unanimously (5-0), and the minutes were approved as submitted. 3. Presentation: Officer of the Month -Officer Jav Smith: Chief Treppeda read from his memo the accomplishments of Officer Smith for the month of August 1992. Officer Smith was presented a plaque and Mayor Stern presented a check in the amount of $100. The Mayor and Council joined in thanking him for his outstanding efforts. Mayor Stern read a letter she received from Mr. Allan Yarkin asking to address the Council at the beginning of the meeting due to a prior commitment. The Council did not object. Mr. Allen Yarkin, 10340 Broadview Drive, Bay Harbor Islands, member of the Board of the Coalition for Public Use of Munisport, Inc. He explained that the City of North Miami has already signed a contract approving the building of a race track and outdoor amphitheater. The contract calls for up to four major racing weekends per year, and a maximum of 21 event days, twelve of which would be considered impact days. The other nine would be racing events with muffled cars. Additionally, the facility will be 113 utilized Monday through Saturday for driving testing, training and film location. Based on this information the track will be open over 300 days per year. Brief comments by Audio Media Productions were made as to the impact of sound from the amphitheater. Mr. Yarkin stated that Indian Creek has hired Dan Paul to represent their City and the Coalition has hired John Fletcher as their attorney. Bay Harbor Islands is on record as being opposed and at this time he requested Bal Harbour Village to go on record as being in opposition. Mr. Yarkin announced there will be a meeting of the North Miami Planning and Zoning, Wednesday, October 14, 1992 at 7:00 p.m. Mayor Stern thanked Mr. Yarkin for his presentation. Councilman Boggess questioned what Bay Harbor islands has done to date on this issue, Mr. Yarkin replied they have issued a Resolution and written an article in their newsletter informing the citizens. Mr. Richard Olsen, 224 Bal Bay Drive, President of the Bal Harbour Civic Association, went on record as opposing the race track and amphitheater by Resolution which was mailed to the City Manager of North Miami and to date have received no reply. Patricia Tumpson, Plaza Bal Harbour 10185 Collins Avenue, acting as spokesperson for the association, said everyone is very concerned and strongly opposed. Assistant Mayor Hirschl stated that a facility of this nature should be constructed in a rural environment such as Homestead. He would like the Council going on record with a strong Resolution in opposition with copies to Dade County Commission, Coalition for Public Use of Munisport and to the members of the Council of the City of North Miami. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Blank that the% Village Attorney prepare a Resolution strongly opposing the Race Track and Amphitheater. The motion carried unanimously (5-0). Mr. Dan Holder, 24 Bal Bay Drive, questioned if an injunction could be taken out against the City of North Miami. Mr. Weiss stated he expressed concern, and will work with Mrs. Morris and be on next meeting agenda with further information. The next meeting will be September 30, 1992 at 5:15 p.m. Mr. John Scala, 101 Biscay Drive, questioned if a complaint could be made to the Department of Justice because of the environmental threat. 4. Public Hearing: The Village Clerk advised Council that the owner of property located at Lots 13 & 14, Block 2, less south 30 ft. of Lot 14, Residential Section of Bal Harbour, more commonly Regular Council Meeting 9/15/92 2 114 known as 190 Balfour Drive, is seeking a variance of Section 21-127 of the Bal Harbour Village Code to permit construction of a porte- cochere encroaching 11.56 feet into the front setback. Mayor Stern then opened the Public Hearing. Mrs. Morris stated this request has been reviewed by the Architectural Review Board and in their opinion this addition would serve to enhance the overall appearance of the house. The Building Department has also reviewed this request and recommends denial of this application. It is their concern that approval of this variance, which would be the first involving a front setback, may lead to a proliferation of same. Mayor Stern read a letter the Village received from Mr. Farrey in objecting to the variance. Mr. Olsen, 224 Bal Bay Drive, objects to the granting of front setback variances. After Mayor Stern closed the Public Hearing, a motion was offered by Councilman Taplin and seconded by Councilman Boggess to deny the request for the variance. The motion carried unanimously (5-0). 6. Ordinance/First Reading: An Ordinance was read by title by the Village Clerk repealing Section 11-28 of the Bat Harbour Village Codewhich provides for an oral warning requiring abatement of a noise disturbance prior to the issuance of a violation. A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to enact this Ordinance, thus becoming ORDINANCE OF BAL HARBOUR VILLAGE, REPEALING SECTION 11-28 OF THE VILLAGE CODE WHICH PROVIDES FOR AN ORAL WARNING REQUIRING ABATEMENT OF A NOISE DISTURBANCE PRIOR TO THE ISSUANCE OF A VIOLATION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 7. Resolutions: The Village Clerk read by title a Resolution approving a sovereignty submerged lands lease with the Board of Trustees of the Internal 'Improvement Trust Fund of the State of Florida. Mr. Weiss stated that his secretary did research on this resolution and the thanks goes to her. A motion was offered by Councilman Taplin and seconded by Councilman Boggess to adopt this Resolution. The motion carried unanimously (5-0), thus becoming RESOLUTION NO.463 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA APPROVING A SOVEREIGNTY SUBMERGED LANDS LEASE WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE SAID LEASE; PROVIDING AN EFFECTIVE DATE. The Village Clerk read by title a Resolution terminating a special taxing district for security purposes, creating a special taxing district for the purpose of assessing certain lots for the cost of Regular Council Meeting 9/15/92 3 115 providing a security program within the district. Mr. Richard Olsen, President of the Civic Association explained to the Council that the implementation action of this new taxing district has taken two years. A motion was offered by Assistant Mayor Hirschl. and seconded by Councilman Boggess to adopt this Resolution. The motion carried unanimously (5-0), this becoming RESOLUTION NO.464 RESOLUTION OF BAL HARBOUR VILLAGE TERMINATING A SPECIAL TAXING DISTRICT FOR SECURITY PURPOSES AS CREATED BY RESOLUTION 316; CREATING A SPECIAL TAXING DISTRICT FOR THE PURPOSE OF ASSESSING CERTAIN LOTS FOR THE COST OF PROVIDING A SECURITY PROGRAM WITHIN THE DISTRICT; DESIGNATING THE LOTS UPON WHICH ASSESSMENTS SHALL BE LEVIED; PROVIDING A DESCRIPTION OF THE ASSESSMENT; ESTABLISHING THE INITIAL ESTIMATED COST; APPROVING AN AGREEMENT FOR ADMINISTRATION OF SERVICES; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; AND'PUBLICATION OF INITIAL AND EACH ANNUAL ASSESSMENT ROLL; PROVIDI,NG FOR AN EFFECTIVE DATE. Mr. John Bruno spoke in opposition to the special assessment. A resolution was read by title by Mrs. Morris which would authorize the Village Manager to execute a "Disaster Rei,ief Funding Agreement". A motion was offered by Assistant Mayor Hirschl and seconded by Councilman Boggess to adopt this Resolution. The motion carried unanimously (5-0), thus becoming RESOLUTION NO. 465 RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA AUTHORIZING THE VILLAGE MANAGER TO EXECUTE A " DISASTER RELIEF FUNDING AGREEMENT" WITH THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. 8. Pru Shel Development/Cuyahoga Wrecking Corporation: Not Present. Councilman Boggess stated present or not, there would be no appeal of fine. 9. Allan Yarkin: Taken up at beginning of meeting with Council's approval 10. Reports and Recommendations: A. Mayor and Council: Councilman Blank stated that he sent letters out to the residents of the Balmoral and to date has received $7,000 in donations for the Red Cross. B. Village Attorney: None Regular Council Meeting 9/15/92 4 116 C. Village Manager: Resort Tax Appointment Mrs. Morris explained to Council that Mr. Herb Kaplan the representative of the Sheraton Bal Harbour has retired and therefore this has left and vacancy on the Committee. A motion was offered by Councilman Boggess and seconded by Councilman Taplin to appoint Mr.Octavio Gomez, General Manager of the Sheraton Bal Harbour. to the Resort Tax Committee. The motion carried unanimousiy(5-0). 11. Other Business: Mr. Olsen, 224 Bal Bay Drive, thanked Mrs. Morris and Chief Treppeda and Mr. Wheldon for their work in getting the Village cleaned up after the hurricane. Mr. Chetty,of the Tropocal Tribune requested a donatipn of $250 for 50 tickets to send children, who are victims of the hurricane, on the SeaEscape. A motion was offered by Councilman 'Boggess and seconded by Councilman Blank that the Village donate $2r) for 50 tickets. The motion carried unanimously (5-0). 12. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to adjourn. The motion carried unanimously (5-0) and the meeting adjourned at 5:50 p.m. Mayor Estelle Stern Attest: eanette Horton,CMC/AAE Village Clerk /jh Regular Council Meeting 9/15/92 5