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
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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
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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
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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
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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
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