HomeMy Public PortalAbout1993-01-19 Regular Meeting�%6 3
C O U N C I L M I N U T E S
R E G U L A R M E E T I N G - J A N U A R Y 1 9 . 1 9 9 3
T h e r e g u l a r m e e t i n g o f t h e B a l B a r b o u r V i l l a g e C o u n c i l w a s
h e l d o n T u e s d a y , J a n u a r y 1 9 , 1 9 9 3 i n t h e C o u n c i l C h a m b e r a t B a l
H a r b o u r V i l l a g e H a l l . T h e m e e t i n g w a s c a l l e d t o o r d e r a t 9 : 3 0 a . m .
b y M a y o r S t e r n . T h e r o l l w a s c a l l e d a n d t h o s e p r e s e n t w e r e :
M a y o r E s t e l l e S t e r n
A s s i s t a n t M a y o r A n d r e w R . H i r s c h l
C o u n c i l m a n M a t t h e w B . B l a n k
C o u n c i l m a n J a m e s E . B o g g e s s
C o u n c i l m a n S o l M . T a p l i n
A l s o p r e s e n t : C a r o l e S h e r o u s e M o r r i s , V i l l a g e M a n a g e r
J e a n e t t e H o r t o n , V i l l a g e C l e r k
R i c h a r d J . W e i s s . V i l l a g e A t t o r n e y
A s a q u o r u m w a s d e t e r m i n e d t o b e p r e s e n t . t h e m e e t i n g
c o m m e n c e d .
2 . A p p r o v a l o f M i n u t e s : A m o t i o n w a s o f f e r e d b y C o u n c i l m a n
B o g g e s s a n d s e c o n d e d b y A s s i s t a n t M a y o r H i r s c h l t o a p p r o v e t h e
m i n u t e s o f t h e D e c e m b e r 3 , 1 9 9 2 S p e c i a l M e e t i n g . T h e r e b e i n g n o
c h a n g e s o r a d d i t i o n s t h e r e t o , t h e m o t i o n c a r r i e d u n a n i m o u s l y ( 5 - 0 1 .
a n d t h e m i n u t e s w e r e a p p r o v e d a s s u b m i t t e d .
A m o t i o n w a s o f f e r e d b y C o u n c i l m a n B o g g e s s a n d s e c o n d e d b y
A s s i s t a n t M a y o r H i r s c h ] t o a p p r o v e t h e m i n u t e s o f t h e D e c e m b e r S .
1 9 9 2 S p e c i a l M e e t i n g . T h e r e b e i n g n o c h a n g e s o r a d d i t i o n s t h e r e t o .
t h e m o t i o n c a r r i e d u n a n i m o u s l y ( 5 - 0 ) . a n d t h e m i n u t e s w e r e a p p r o v e d
a s s u b m i t t e d .
M r . W e i s s s t a t e d t h a t i n t h e m i n u t e s o f t h e D e c e m b e r 1 5 . 1 9 9 2
R e g u l a r M e e t i n g , p a r a g r a p h o n e o n p a g e 3 s h o u l d b e c l a r i f i e d a s t o
t h e m e a n i n g . C o u n c i l m a n B l a n k e x p l a i n e d t h a t h e w a s a s k e d t o
r e n e g o t i a t e a n e w c o n t r a c t . C o u n c i l m a n B o g g e s s s t a t e d u n d e r t h e
M a n a g e r ' s r e p o r t o n M u n i s p o r t t h a t t h e m i n u t e s a r e i n c o m p l e t e .
A m o t i o n w a s o f f e r e d b y C o u n c i l m a n B o g g e s s a n d s e c o n d e d b y
C o u n c i l m a n B l a n k t o d e f e r t h e a p p r o v a l o f t h e m i n u t e s o f t h e
D e c e m b e r 1 5 . 1 9 9 2 R e g u l a r M e e t i n g u n t i l t h e F e b r u a r y m e e t i n g .
A m o t i o n w a s o f f e r e d b y C o u n c i l m a n B o g g e s s a n d s e c o n d e d b y
C o u n c i l m a n B l a n k t o a p p r o v e t h e m i n u t e s o f t h e D e c e m b e r 1 5 , 1 9 9 2
S p e c i a l M e e t i n g . T h e r e b e i n g n o c h a n g e s o r a d d i t i o n s t h e r e t o , t h e
m o t i o n c a r r i e d u n a n i m o u s l y ( 5 - 0 ) , a n d t h e m i n u t e s w e r e a p p r o v e d a s
s u b m i t t e d .
A m o t i o n w a s o f f e r e d b y C o u n c i l m a n T a p l i n a n d s e c o n d e d b y A s s i s t a n t
M a y o r H i r s c h l t o a p p r o v e t h e m i n u t e s o f t h e D e c e m b e r 1 7 , 1 9 9 2
S p e c i a l M e e t i n g . T h e m o t i o n c a r r i e d u n a n i m o u s l y ( 5 - 0 ) , a n d t h e
m i n u t e s w e r e a p p r o v e d a s s u b m i t t e d .
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Presentations: Officer of the Month - None
4. Public Hearings: None
5. Ordinance - Second ReadinjPubl icHearing_. None
6. Ordinance - First Reading:
An Ordinance was presented for first reading and read by title. by
the Village Clerk. which provided for the repealing of Ordinance
No. 380. Mr. Weiss explained that this Ordinance would repeal the
Ordinance which was enacted to amend the Charter.
A motion to enact this Ordinance was offered by councilman Boggess
and seconded by Assistant Mayor Hirschl. The motion carried with
the vote as follows: Mayor Stern aye: Assistant Mayor Hirschl aye:
Councilman Blank aye: Councilman Boggess aye: Councilman Taplin
aye. thus becoming
ORDINANCE OF BAI. HARBOUR VILLAGE. FLORIDA
REPEALING ORDINANCE NO. 380 WHICH AMENDED
THE CHARTER TO ALLOW ELECTION DATES FOR
VILLAGE ELECTIONS TO BE SET BY A MAJORITY
VOTE OF THE VILLAGE COUNCIL AND PROVIDING
REQUISITE BALLOT LANGUAGE: PROVIDING FOR
SEVERABILITY. PROVIDING FOR AN EFFECTIVE
DATE.
Resolutions:
A Resolution was read. by title. by the Village Clerk. repealing
Resolution No. 4'4 which called for a Special Election.
A motion was offered by Councilman Boggess and seconded by
Assistant Mayor Hirsch] to adopt this Resolution. The motion
carried with the vote as follows: Mayor Stern aye: Assistant Mayor
Hirschl aye: Councilman Blank aye: Councilman Boggess aye:
Councilman Taplin aye. thus becoming
RESOLUTION NO.475
RESOLUTION OF BAT HARBOUR VILLAGE. FLORIDA
REPEALING RESOLUTION NO. 4'4 WHICH CALLED
FOR A SPECIAL ELECTION TO AMEND THE VILLAGE
CHARTER: PROVIDING FOR AN EFFECTIVE DATE.
A Resolution was read. by title, by the Village Clerk urging
support for the Trauma Center at .Jackson Memorial Hospital.
A motion was offered by Councilman Taplin and seconded by
Councilman Blank to adopt this Resolution. The motion carried with
the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye:
Councilman Blank aye: Councilman Boggess aye: Councilman Taplin
Regular Council Meeting 1/19/93
165
aye. thus becoming
RESOLUTION NO. 476
A RESOLUTION OF THE BAL HARBOUR VILLAGE
COUNCIL URGING SUPPORT FOR THE TRAUMA
CENTER AT JACKSON MEMORIAL HOSPITAL. AND
FOR EACH MUNICIPALITY TO CONTRIBUTE ITS
FAIR SHARE.
Mr. Weiss stated that Ba.l Harbour has raised over $90,000 with past
Gala and other events.
S. City of North Miami Performing_ Arts Amphitheater -
David M. Wolpin, Cite Attorney:
Mr. Wolpin stated his purpose in appearing before the Council is to
explain the proposed Amphitheater project. He stated the City of
North Miami is very concerned that after a very long and successful
relationship the two cities are at conflict. Mr. Wolpin introduced
Dr. Bragdon, noise consultant, and Mr. Richard Shack the developer
of the Amphitheater. Mr. Shack gave his personal background and
explained that at first he considered the site at Uleta Park. He
continued to explain the cost and financing of the project and that
Mr. Jack Rightson is the noise consultant for his company. Mr.
Shack further stated he would be unable to obtain a building permit
unless the construction plans conform to Dr. Bragdon's
recommendations. Dr. Bragdon explained how the switch would
operate to enclose the theater and what standards would be
employed. Richard Olsen stated that the 21.000 people seated in
the grass would be the problem. if the theater was enclosed to
start there would he no problem. Councilman Blank questioned what
would be considered a violation of the ordinance. Mr. Wolpin
replied any performance that exceeds the noise standards.
Councilman Boggess questioned if management would have control over
the sound systems. Mr. Wolpin replied yes.
Mr. Sam Poole, of Holland & Knight, introduced Dr. Stanley Dunn.
noise consultant. Dr. Dunn stated there is a need to agree and
move forward. He further stated that the key is to outline in
writing the information and then proceed. Mr. Poole referred to
the letter from the City of North Miami. stating he felt the next
step would not be the regular council meeting but a face to face
forum meeting.
Councilman Boggess thanked Mr. Shack and Mr. Wolpin for appearing.
He further stated he would like to see the amphitheater built but
he is committed to protect the interest of the citizens of Bal
Harbour.
9. Reports and Recommendations:
A. Mayor and Council
Assistant Mayor Hirschl directed the Village Attorney to wort: with
Regular Council Meeting 1/19/93 3
!66
the village Manager to bring back to (ouneil the neCeSSA0
documents :n order to amend the (barter as to the manse in
election dates.
Councilman laplin questioned Mayor ">Tern if she spoke with '-:,_Itite.�
Winn in reference to the jogging_ path. Mayor Stern reptteO yes an.;
he in turn requested that Mrs. Morris contact his office . whtcn
she has. as well AS to send documents. Mrs. Morris state!, she has
spoken with Jackie at Senator Winn's officy• .ma her ,nst:uLt.ons
were to work through the County Managers office. She further
stated that she has spoken to Joe Puna of the tkivernoHf ofr.Gn
Mr. Pena advised that the Department of Natural Resources ;. Gcry
firm that they need a survey before the permit. .an be issuyd. Pc
further stated the reason that the Department is unsu:e if the
permit is for reconstruction or repair. Mrs. Mortis uvplained the
difference in the regulations between reconstruction ant. repair.
Site further stated that the survey wit" take another two weeks
before completion. Mc. Weiss was questioned if he had any
suggestions to offer. but he stated he has not been involved in th_
issue. He stated that the issue would be vested rights but has not
gotten involved. Assistant Mayor Hirschl questioned that once the
survey is complete how lone before the permit will be issued. Mrs.
Morris replied the Department of Natural Resources has 90 days to
act on a permit application. Mr. Weiss stated he will get involved
immediately and work with Mrs. Morris.
B. t__i11ace_r1ttornev
Mr. Weiss reported that his hill to the Village was less than
S2.000. This was the lowest hilt. due the work of the Village
Manager and of the Village -staff.
. iarge Manaser
1. Microphone Svstem/Council Chamber
Mrs. Morris reported that bids have been obtained and that there is
a wide range in costs. They range from $6.234 to $3,633 in price.
The low bidder. Blumberg Communications, will include headphones
for use by the hearing impaired. Delivery is approximately three
(31 weeks from the date of order. She further stated at this time
she would need Council's authorization to proceed.
Councilman Boggess, questioner) if provisions have been made for the
microphone in the rear of the Council Chamber. Mrs. Morris replied
yes. Mr. Weiss stated that. Key Biscayne had purchased a system
without testing first. He encourages the Village to teat the
system.
A motion to proceed with the purchase from Blumberg Communications
subject to testing of microphones and speakers was offered by
Councilman Boggess and seconded by Councilman Blank. The motion
carried with the cote as follows: Mayor Stern aye: Assistant Mayor
Hirschl aye; Councilman Blank aye: Councilman Boggess aye;
Councilman Taplin aye.
Regular Council Meeting 1/19/93
167
2. 'Lambeth Internationaie
Mrs. Morris explained that Zamhelli has offered a 10".i. discount if
the Village executes an agreement prior to February 1. 1993. She
further explained the contract price .is $13.560 plus permit and
firework fees. She continued to explain that is has been the
Village's practice to take the discount amount and apply it toward
the fireworks show. Mrs. 'Norris further stated that there
$20.000 in the budget and the balance of the funds would go to pay
for the barge. Councilman Blank questioned the complete charge
from last year. Mrs. Morris replied approximately $18.000. She
explained the barge last year cost $5.000 and that last year we
only were able to secure it the day before the event. She
continued to explain the alternatives, which are limited, if the
Village is unable to secure a barge. Mr. Weiss questioned the
insurance provisions. Mrs Morris stated that Zambelii does
indemnify the Village. Assistant Mayor Hirschl questioned why Cite
contract can not include the provision chat the barge he included.
Mrs. Morris stated at this time she is requesting the Council's
authorization to proceed.
A motion to authorize the Village Manger to enter into the contact
with Zamhelli Internationale subject to the insurance provision was
offered by Councilman Boggess and seconded by Assistant Mayor
Hirschl. The motion carried with the vote as follows: Mayor Stern
aye: Assistant Mayor Hirschl aye: Councilman Blank aye: Councilman
Boggess aye: Councilman Taplin aye.
3. Founders Circle Landscape
Mrs. Morris reported that at their meeting of January 12. 1993, the
Village's Resort Tax Committee voted unanimously to recommend that
Council proceed with the landscaping of Founders Circle. The plan
would feature the use of coconut palms as on the rest of Collins
Avenue. She further explained plan calls for the removal and
relocation of the existing royal palms and live oaks, replacemeni:
of the existing lantana liriope, and planting of 18 additional
malayan coconut palms. The cost of this project, utilizing the
unit pricing from the Collins Avenue bid, is estimated at
$61,-93.89. Mrs. Morris stated that this cost also includes the
lighting.
Mr. O'Leary presented the landscape plan to the Council. He stated
no permit was necessary from the Department of Transportation.
Councilman Blank stated he has received many compliments on
Founders Circle and it is his opinion just to replace the one dead
royal palm. Councilman Taplin stated he agreed with Councilman
Blank.
Mr. Stanley Whitman. Bal harbour Shops, explained to the Council
that the Resort Tax Committee recommends the plan to unify Founders
Circle with Collins Avenue. He further explained that due to the
hurricane, coconut palms are scarce and the contractor for the
Collins Avenue Project is still under contract to provide the trees
Regular Council Meeting 1/19/93
(68
at the Name unit price.
Councilman Boggess suggested that the royal palm and 'ive oak trees
be relocated at the residential entrance on Harbour Way. Mr.
Richard Olsen, President of the Bal Harbour Civic Association.
agreed to remove the old sign. Mrs. Morris suggested she may be
able to convince the Association to replace it with a sign similar
to the entrance sign to the Village.
A motion to accept the recommendation of the Resort Tax Committee
to re -landscape Founders Circle was offered by Councilman Boggess
and seconded by Assistant Mayor Hirschl. The motion carried with
the cote as follows: Mayor Stern aye: Assistant Mayor Hirschl aye:
Councilman Blank nay: Councilman Boggess aye: Councilman Taplin
absent.'
10. Other Business: Assistant Mayor Hirschl questioned Mr.
O'Leary if metal pipes could replace the supports holding up the
pigeon plum trees. Mr. O'Leary relied he will check into it.
Councilman Boggess questioned how long the braces will have to stay
on the palm trees. Mr. O'Leary replied b months.
Mr. Terry Cuson. resident of Bal Harbour, invited the Council to
attend a benefit sponsored by the Circle of dope to be held at
Salty's. on February 23. 1993. He further explained this
organization works with the Head Start for chiidren.
11. 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 (4-0). with Councilman Taplin absent. and the meeting
adjourned at [2:25 p.m.
lam.
scL. � r
Mayor' K(stelle Stern
Attest:
;Jeanette Horton,CMC/AAE
Village Clerk
/jh
- Councilman Taplin left durinc the discussion of Founders
Circle landscape recommendation.
Regular Council Meeting 1/19/93