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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. Council Mtg. - 2/16/93 1 172 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. Council Mtg. - 2/16/93 2 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 Council Mtg. - 2/16/93 3 TT , 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 Council Mtg. - 2/16/93 4 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 /tms 5