HomeMy Public PortalAbout1993-02-16 Regular MeetingEi
As a quorum
commenced.
COUNCIL MINUTES
REGULAR MEETING - FEBRUARY 16, 1993
The regular meeting
held on Tuesday, February
Harbour Village Hall. The
by Mayor Stern. The roll
of the Bal Harbour Village Council was
16, 1993 in the Council Chamber at Bal
meeting was called to order at 9:30 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 Sherouse Morris, Village Manager
Jeanette Horton, Village Clerk
Stephen J. Helfman, Deputy Village Attorney
was determined to be present, the meeting
2. Approval of Minutes: A motion was offered by Assistant
Mayor Hirschl and seconded by Councilman Blank to approve the
minutes of the December 15, 1992 Regular Meeting. There being no
changes or additions, the motion carried unanimously (5-0), and the
minutes were approved as submitted.
A motion was offered by Councilman Taplin and seconded by
Assistant Mayor Hirschl to approve the minutes of the January 12,
1993 Special Meeting. There being no changes or additions, the
motion carried unanimously (5-0), and the minutes were approved as
submitted.
A motion was offered by Councilman Blank and seconded by
Councilman Taplin to approve the minutes of the January 19, 1993
Regular Meeting. There being no changes or additions, the motion
carried unanimously (5-0), and the minutes were approved as
submitted.
3. Presentations: Police Officer of the Month - Greg Roye
and Officer of the Year Jav R. Smith: Chief Treppeda read from his
memo the accomplishments of Officer of the Month for January, 1993,
Greg Roye. Officer Roye was presented with a plaque, which Chief
Treppeda pointed out was a new design, and a check in the amount of
$100 from the Village.
Chief Treppeda then read from his memo the accomplishments of
Officer of the Year for 1992 Officer Jay Smith. Officer Smith was
presented with a $500 Savings Bond and a plaque from the Village.
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Security Director Jack Wichmann of the Bal Harbour Shops and
General Manager of the Sheraton Resort Octavio Gomez, presented
Officer Smith with tokens of appreciation from the Shops and
Sheraton respectively.
4. Public Hearing: The next item to come before Council was
a request by the owner of 139 Camden Drive for a variance of
Section 21-127 of the Bal Harbour Village Code to correct an
existing violation of a 2 inch encroachment into the side setback
on the original structure and 1.5 feet encroachment of an addition.
Mrs. Morris informed Council that the encroachments were brought to
the attention of the owners, John & Leslie Dyer, in the course of
preparation of a survey for the purpose of selling the subject
property. She explained further that the house was constructed in
1949, renovated in 1956 and 1968 and as spot surveys were not
required at those times, the encroachment was not known. Mayor
Stern then opened a Public Hearing for comments. After Mr.
Helfman's response to Councilman Blank's question that this matter
could not be "grandfathered in" Mayor Stern closed the Public
Hearing. A motion was offered by Assistant Mayor Hirschl and
seconded by Councilman Taplin that this variance be granted. The
motion carried unanimously (5-0) and the variance was granted.
Counsel for the owners of the property, Christopher Kelly, then
requested that the variance application fee of $300 (double the
normal fee because of an existing violation) be waived. After
discussion, a motion was offered by Assistant Mayor Hirschl and
seconded by Councilman Blank that the variance application fee be
reduced to $150.
5. Ordinance - Second Reading/Public Hearing: An Ordinance
was read, by title, by the Village Clerk repealing Ordinance No.
380 which was to amend the Charter relative to election dates.
Mayor Stern then opened a Public Hearing and hearing no comments,
closed the Public Hearing. A motion was offered by Councilman
Taplin and seconded by Councilman Boggess that this Ordinance be
enacted. There being no further discussion, the motion carried
unanimously (5-0), thus becoming
ORDINANCE NO. 381
ORDINANCE OF BAL 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.
6. Ordinance - First Reading - None.
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7. Resolution: A Resolution was read, by title, by the
Village Clerk, approving the Collective Bargaining Agreement
between the Dade County Police Benevolent Association, Inc. and Bal
Harbour Village. Mrs. Morris explained that the 3-year contract
recently ratified by the Union has only minor changes from the
previous agreement. Assistant Mayor Hirschl inquired as to whether
this contract addresses the issue of on -duty sick leave/off duty
detail within the same day. Mrs. Morris advised Council that same
would be researched A motion was offered by Assistant Mayor
Hirschl and seconded by Councilman Blank to approve this contract
and adopt the Resolution accordingly. There being no discussion,
the motion carried unanimously (5-0), thus becoming
RESOLUTION NO. 477
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.
8. Gold Coast Commuter Services - Diane M. Martin: Canceled.
9 Reports and Recommendations:
A. Mayor and Council
Mayor Stern reported that, with the exception of the
bright lighting, the median on Collins Avenue is beautiful. Mrs.
Morris reported that 115 shields, at $40 each, have been ordered
for the lights located in the impatien flowers. As complaints have
been expressed by residents, it was the decision of the Council not
to light the median until such time as the shields are installed.
Assistant Mayor Hirschl requested that Mrs. Morris take appropriate
steps to expedite the receipt/installation of these shields.
In response to Councilman Taplin's query concerning the
jogging path, Mrs. Morris advised Council that the Village
engineers are awaiting Mr. Barry Manson-Hing's signature on the
permit. Upon receipt of the permit, bids and a scope of work will
be prepared and the work should proceed. No costs are available at
this time. However, Mrs. Morris reminded Council that these funds
will be reimbursed from the Federal Emergency Management Agency.
In the meantime, the path will be bulldozed again for temporary
maintenance/usage.
B. Village Attorney - No report.
C. Village Manager
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5. Discussion Re: Amphitheater: Inasmuch as
Attorneys Sam Poole and David Wolpin were under time constraints,
Mrs. Morris asked that this matter be taken out of order. As
Council had no objections, Mr. Poole addressed this issue. He
explained the proposed Resolution to be executed by both Bal
Harbour Village and the City of North Miami. After some discussion
and minor changes requested by Council, it was decided that upon
completion of these changes, Council would meet again on February
23rd at 9:30 a.m. to address adoption of the revised proposed
Resolution.
1. Microphone System for Council Chamber: Mrs. Morris
explained the proposed new microphone system for the Council
Chamber. After discussion, a motion was offered by Councilman
Blank and seconded by Councilman Taplin to approve the purchase of
the microphone system as recommended by the Village Manager. The
motion carried unanimously (5-0). Mr. Boggess then requested that
Mrs. Morris recommend an area and equipment for visual presentation
at Council meetings. Mrs. Morris advised Council that the Chamber
is being renovated, i.e. wallpaper, window dressings, etc. and
visual presentation equipment could be provided for.
2. Police Cars Purchase: It was recommended by staff
that three new police units be purchased, as provided for in the
current year's budget. A motion to approve this expenditure was
offered by Councilman Blank and seconded by Councilman Taplin. The
motion carried unanimously (5-0).
3. Florida Windstorm Underwriting Association: Mrs.
Morris explained that the first step for inclusion in this
Association, which would provide windstorm coverage for Bal Harbour
Village residents, would require Council directing the Manager to
make application for same, via a letter to the State Insurance
Commissioner. A motion was offered by Councilman Boggess and
seconded by Assistant Mayor Hirschl to approve this initial step
for application. The motion carried unanimously (5-0).
4. Atlantic Beach Clubs: Mr. Jim Harrison appeared
before Council to request a sign to be located on the tiki hut of
his business behind the Sheraton Bal Harbour and a weather sign
between the Sheraton Bal Harbour pool entrance and the beach access
road. After discussion, it was Council's decision that the sign,
as submitted, was not acceptable and should be reduced in size,
should not include information on joining the Atlantic Beach Club
information and be painted in colors similar to other signs in Bal
Harbour Village, i.e. white background with blue print, except for
weather indications, which could be in color. Council requested
Mr. Harrison prepare new signs and return for approval.
Request for Purchase of Police Motorcycle: Mrs. Morris
noted that we presently have one police motorcycle and an
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additional unit is requested, which would allow for increased
traffic enforcement, particularly during the afternoon/evening
hours. A motion was offered by Assistant Mayor Hirschl and
seconded by Councilman Boggess to approve this purchase. The
motion carried unanimously (5-0).
After discussion relative to the congested traffic
situation on Collins Avenue, Council requested Mrs. Morris contact
representatives from Southern Bell and Florida Power and Light to
request their assistance in reducing traffic hazards and
congestion, particularly during rush hour.
10. Other Business: Mr. O'Leary addressed the issue of
aesthetics surrounding the entrance area on Harbour Way. It was his
recommendation that certain trees, which would be removed from
Founders Circle, be relocated at the Harbour Way area and an
entrance sign be secured similar to that sign located at the north
entrance of Bal Harbour in the median reading "Bal Harbour
Residential", with the removal of the red brick presently located
at this area. He suggested the addition of Washingtonian and
coconut palm trees in this area, as well, along with the seagrape
trees and re -use the crinum lily and add different colored flowers.
Mr. Blank expressed his concern regarding the cost of certain
flowers, as included in Mr. O'Leary's presentation. It was noted
by Mrs. Morris that Mr. O'Leary's presentation was extremely
preliminary and would be adjusted in- house. Relative to the
payment of this project, Mrs. Morris noted that funding could
possibly come from the Security District monies and resort tax
dollars.
Richard Olsen, President of the Bal Harbour Civic
Association, brought to Council's attention that the Code in its
present form does not address the issue of tennis courts in the
residential area, although there are tennis courts in the Village.
He suggested an Ordinance be enacted providing for tennis courts in
the residential area as an ancillary use. Mrs. Morris stated that
she would research the matter and report back to Council as soon as
feasible.
11. Adjourn: There being no further business to come
before Council, a motion was offered by Councilman Taplin and
seconded by Councilman Blank to adjourn. The motion carried
unanimously (5-0) and the meeting adjourned at 11:20 a.mr"
ESTELLE STERN,/MAYOR
ATTEST:
JEANETTE HORTON, CMC/AAE
CLERK
Council Mtg. - 2/16/93
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