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Home My Public Portal About1993-02-23 Special Meetingrib COUNCIL MINUTES SPECIAL MEETING - FEBRUARY 23, 1993 The special meeting of the Bal Harbour Village Council was held on Tuesday, February 23, 1993 in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Stern. The roll was called and those present were: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James B. Boggess Also present: Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk Absent: Councilman Sol M. Taplin As a quorum was determined to be present, the meeting commenced. 2. Resolution: A Resolution was read, by title, by the Village Clerk providing for a cooperative effort between the City of North Miami and Bal Harbour Village concerning the City of North Miami's Noise Study relative to the Performing Arts Amphitheater project:° Mr. Poole, representing Bal Harbour Village, and Mr. Wolpin representing the City of North Miami, were present to explain the resolution to the Council. Mr. Poole stated that this Resolution will be a joint Resolution and that the Council's rights are protected. He continued to explain to Council that the Village may file a Verified Complaint within 30 days after the issuance of a building permit, and may subsequently file a lawsuit. Mr. Poole further stated that the .City of North Miami will consider this Resolution at their Council meeting this .evening. He will be attending to explain any questions that may arise. Assistant Mayor Hirschl questioned Section 1 on page 3, clarification that the binding decision of the third scientist is then brought to the Bal Harbour Village Council for consideration and that this Council's consideration is the final word. Mr. Poole explained that this section sets up a process that if there is a disagreement between the respective experts then the first preference would be to have another scientist resolve the issue and that the determination of the scientist would be binding on both cities. Councilman Blank questioned the words, if possible, as well as, who would be selecting the third party for the binding agreement. Mr. Poole replied both cities would have to agree on the selection. Special Council Meeting 2/23/93 1 a 177 Assistant Mayor Hirschl questioned once the binding scientist issues have been formulated, what must this Council do at that time. Mr. Poole replied if the Council agrees with the binding resolution process then it would be binding on both local governments. Mr. Wolpin, City Attorney City of North Miami, stated under this section it is required that both legal counsels negotiate an agreement. He further stated then this agreement would then be brought back to both cities. He continued to explained that at this time this Resolution only defines the process on the agreement for a third party. Councilman Boggess stated at the February 8th meeting the feeling was to be as objective as possible. Mayor Stern questioned phrase, if possible, in Section 3 on page 4. Assistant Mayor Hirsch, questioned Section 3, page 4 that the words, if possible, should be before scientific review. Mayor Stern requested that Section 1 and 3 of the Resolution be corrected prior to signing. Mr. Wolpin stated he agreed to the revision. Councilman Blank questioned if any consideration is being given to the lawsuit filed by John Fletcher. Mr. Wolpin repli,d he has offered to discuss the issues with him, but Mr. Fletcher stated it would be premature at this time. Mr. Wolpin stated that Dr. Bragdon has tracked down a system that will not only monitor noise during a show, but will, by computer, feed back information and require the reduction of sound levels during a show. He further stated that the noise study is moving along in a professional manner, and Dr. Dunn took note of the different monitoring devices and has completed 7 or 8 days of noise study. Mr. Wolpin stated that Dr. Bragdon will be sending a report to Mr.Poole. Assistant Mayor Hirschl stated that it looks as if Dr. Bragdon is doing the work and Dr. Dunn is reacting to Dr. Bragdon's work, instead of Dr Dunn independently running his own sound test and then comparing the results. Assistant Mayor Hirschl questioned Mr. Poole on this issue. Mr. Poole stated that both Dr. Dunn and Dr. Bragdon are "communicating as the sampling tests are being designed. He further explained the Dr. Dunn will be participating in the sound workshops and is working with Dr. Bragdon on the studies that are being done at this time. A motion was offered by Councilman Boggess and seconded by Assistant Mayor Hirschl to adopt this Resolution as amended. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess; Councilman Taplin absent, thus becoming RESOLUTION 478 JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH MIAMI, FLORIDA AND THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA PROVIDING FOR COOPERATIVE EFFORT BETWEEN THE CITY OF NORTH MIAMI AND BAL HARBOUR VILLAGE CONCERNING THE CITY OF NORTH MIAMI'S Special Council Meeting 2/23/93 2 NOISE STUDY WORK PLAN CONCERNING THE PERFORMING ARTS AMPHITHEATER PROJECT OF THE CITY OF NORTH MIAMI. 3. Appointment of Two Council Members to Joint Committee in accordance therewith: Mayor Stern appointed Councilman James Boggess and herself to serve on the Joint Committee in accordance with Section 5 of the Resolution. She explained the reason being that the other three Council members are up for reelection this April. 4. Other Business: Atlantic Beach Club Mrs. Morris referred to a sign application from Atlantic Beach Clubs, which was deferred from the February 16th meeting. She further stated that on the table is a fax the Vi1.1age received yesterday relative to his application. Mr. Harrison, owner of Atlantic Beach Clubs, provided samples of colors of the proposed signs and explained the signs would be done by an artast. Mr. Harrison explained that on the weather sign symbols would be used, and would be portable. Councilman Boggess questioned the placement of the signs. Mrs. Morris replied the signs with the rental rates would be placed on the tiki hut and the weather sign on the access road and as stated would be portable. Mr. Harrison explained the weather forecast would be changed every day. :Mayor Stern questioned the size of the signs. Mr. Harrison replied the size would be 3 1/2 x 3 1/2. Assistant Mayor Hirschl questioned the Village's recourse if approved at this time and they are not as portrayed. Mrs. Morris replied the Village would have the right to remove it as a non -conforming sign. The colors to be used on the rate site sign would be dark/light blue and the weather sign red, white, yellow and blue. A motion was offered by Councilman Blank and seconded by Councilman Boggess to approve the applicant's request for the placement of a rate sign and weather sign as presented today in reference to size and color. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess; Councilman Taplin absent. Jogging Path Mrs. Morris explained that all of the original permit application provided for cinder material, and although the path was built with limerock the permit and plans, were never amended nor approved by the Department of Natural Resources. She stated plans have been received for her to review, which she will with Bob Wheldon. A formal bid process would take 40 to 45 days and with the Council's approval, she will receive competitive prices from contractors we have dealt with in the past. She further stated when prices are received if the Council desires a special meeting would be held. Councilman Blank suggested that the Village Manager send a letter Special Council Meeting 2/23/93 3 179 to the managers of the buildings on the beach and explain the progress on the jogging path. Mrs. Morris replied she will be meeting with the building managers the next day and will give them a full report. Councilman Blank requested Mrs. Morris address the issue of the traffic lights, with the residents not having enough time to cross the street. Mrs. Morris stated she will call Sheldon Pivnik to recheck the timing. She further stated in the next newsletter there will be an article relative to pressing the button. 5. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded by Councilman Blank to adjourn. The motion carried unanimously (4-0) with Councilman Taplin absent, and the meeting adjourned at 10:10 a.m. - Mayor Estelle Stern Attest: Z"k J eanette Hor on, CMC/AAE Village Clerk /jh Special Council Meeting 2/23/93 4