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HomeMy Public PortalAbout1993-03-16 Regular Meeting180 COUNCIL MINUTES REGULAR MEETING - MARCH 16, 1993 The regular meeting of the Bal Harbour Village Council was held on Tuesday, March 16, 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: Also present: Mayor Estelle Stern Assistant Mayor Andrew R. Hirschl Councilman Matthew B. Blank Councilman James E. Boggess Carole Sherouse Morris, Village Manager Jeanette Horton, Village Clerk Richard J. Weiss, Village Attorney Absent: Councilman Sol M. Taplin As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Councilman Blank to approve the minutes of the February 8, 1993, Special Joint Workshop. There being no changes or additions, the motion carried unanimously (4-0) with Councilman Taplin absent, and the minutes were approved as submitted. A motion was offered by Assistant Mayor Hirsch' and -seconded by Councilman Blank to approve the minutes of the February 16, 1993, Regular Meeting. There being no changes or additions, the motion carried unanimously (4-0) with Councilman Taplin absent, and the minutes were approved as submitted. Mayor Stern stated that she requested the minutes of the February 23, 1993, Special Meeting be corrected to reflect that she questioned the phrase, if possible. As well as, requesting that Section 1 and 3 of the Resolution be corrected before signing. She further stated the corrected copy of the minutes was in the folder of each Councilman. A motion was offered by Councilman Boggess and seconded by Councilman Blank to approve the minutes of the February 23, 1993, Special Meeting as corrected. The motion carried unanimously (4-0) with Councilman Taplin absent, and the minutes were approved as corrected. Councilman Boggess requested a change in agenda order. If no objection he would like to move the Evaluation of Council Employees to the last item on the agenda. There was no objection. Regular Council Meeting 3/16/93 1 181. 3. Presentations: Officer of the Month - Michael Daddario: Chief Treppeda read from his memo the accomplishments of the Officer of the Month for February 1993, Michael Daddario. Chief Treppeda explained that Officer Daddario was unable to be present to accept this award today. He further stated that Officer Daddario will be given a plaque, and a check in the amount of $100 from the Village. 4. Public Hearing: The Village Clerk advised Council that the owner of property located at Lot 10, Bay Harbor Section of the Ocean Front District of Bal Harbour, more commonly known as 10101 Collins Avenue, is seeking an extension of 5 months' time on the variance that was granted February 18, 1992. Mayor Stern then opened the Public Hearing. Mr. Jerry Oren, General Contractor, representing the owner, explained due to the delays between the County and State on approval, therefore delaying the issuance of the Building Permit. He stated this is the reason for requesting an extension of five months' time on removing the model building. Councilman Blank questioned the schedule date for removal. Mrs. Morris relied May 10, 1993. Councilman Blank stated he sees no hindrance during the summer months and would approve an extension. Councilman Boggess questioned if five months would be sufficient time. Mr. Oren replied yes. Mayor Stern then closed the Public Hearing. A motion was offered by Councilman Boggess and seconded by Councilman Blank that this variance request be granted. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin absent. 5. Ordinance - Second Reading/Public Hearing: No ordinances were presented for second reading. 6. Ordinance - First Reading: An Ordinance was read, by title, by the Village Clerk requiring all Condominiums and Cooperatives to file Condominium and Cooperative documents with the Village Clerk, as well as requiring the registration of the Associations with the Village Clerk. Mayor Stern opened the Public Hearing. Mrs. Morris explained that with the enactment of this Ordinance it would facilitate Village operations. She continued to explain this Ordinance will require Condominiums and Cooperatives to provide the Village with a copy of their documents and a list of their current officers. Mayor Stern questioned if all buildings will be notified, Mrs. Morris replied yes, postcards were being sent, as this was Council policy. Mayor Stern requested that the managers be sent a letter in addition to sending postcards. Mr. Weiss stated that a provision has been provided for this information to be updated on an annual bases. Mayor Stern then closed the Public Hearing. Regular Council Meeting 3/16/93 2 182 A motion to enact this Ordinance was offered by Assistant Mayor Hirschl and seconded by Councilman Blank. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin absent, thus becoming: AN ORDINANCE OF BAL HARBOUR VILLAGE REQUIRING ALL CONDOMINIUMS AND COOPERATIVES TO FILE CONDOMINIUM AND COOPERATIVE DOCUMENTS WITH THE VILLAGE CLERK; REQUIRING REGISTRATION OF CONDOMINIUM AND COOPERATIVE ASSOCIATIONS WITH THE VILLAGE CLERK; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. 7. Resolutions: No Resolutions were presented. 8. Reports and recommendations: A. Mayor and Council 2. Resort Tax Committe Appointment -Assistant Mayor Hirsch: Assistant Mayor Hirschl explained that Mr. Gomez has left the Sheraton Bal Harbour and his replacement is Mr. Joseph Terzi. He further stated that at the last Resort Tax meeting Mr. Gomez wishes were that Mr. Terzi replace him to fill the remainder of his term. Assistant Mayor Hirschl stated at the annual reappointments the Council could evaluate and make a decision then. But for continuing the Committees work this year Mr. Terzi has been asked to fill Mr. Gomez's appointment. A motion was offered by Councilman Blank and seconded by Councilman Boggess to approve the appointment of Mr. Terzi to the Resort Tax Committee. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Hirschl aye; Councilman Blank aye; Councilman Boggess aye; Councilman Taplin absent. Tennis Courts: Councilman Blank questioned if the draft on the tennis court Ordinance would be discussed at this meeting. Mrs. Morris explained that this Ordinance was not on the agenda for first reading. She further explained the draft was sent for review and she requested the Council get back to her with any comments. Mr. Weiss explained that zoning Ordinances require rather an expensive advertising process. Therefore this is the reason for the draft so any changes can be made before advertising. He further stated that copies of the draft Ordinance has been sent to Mr. Olsen, President of the Civic Club, for any comments they may have. Councilman Blank stated he would like to add, shall be screened from the street. Mr. Weiss stated he would amend the Ordinance. Regular Council Meeting 3/16/93 3 182 B. Village Attorney Mr. Weiss reported that the issue of the jogging path is very unfortunate. He further reported that he has spoken to Mr. Manson- Hing and the Village should have something on the permit by the end of this week. He continued to explain the problem is the jogging path was not built according to the original plans. Mrs. Morris explained that everything Mr. Mason - Hing has requested from the Village has been sent within twenty-four hours of his request. Councilman Blank questioned the cost of cinder material. Mrs. Morris replied cinder material would not be readily available in South Florida and would add between $80,000 and $100,000 to the cost of construction. If at the time the path was constructed the State should have been advised as to the change in materials. Councilman Blank stated that the path is the second most tourist attraction item in Bal Harbour. He further stated that it has been seven months since the hurricane and he feels the, repairs are taking much too long. Councilman Boggess stated that the comments he received, just cleaning the sand off have been much better. Mayor Stern stated that everyone misses the jogging path. Mrs. Morris stated that the permitting process is moving forward, as well as completing the construction drawings. She will be obtaining prices for construction. C. Village Manager Collins Avenue Median: Mrs. Morris stated that direction is needed from the Council as to the replanting of the Collins Avenue median. She further stated the type of plants that would be used and the number that would be required. She continued to; explained that the planting would take place in,the middle of April. The Council questioned why the inpatiens have not grown. Mr. O'Leary replied he could not answer. Assistant Mayor Hirschl questioned the type of food the plants have been fed. Mr. O'Leary replied they have not been fed. Mr. O'Leary stated he will look into this matter. Mayor Stern stated that the most comments she heard were on the lights and after the second day she had requested Mrs. Morris to have the lights turned off. She further stated that shields are needed for the lights, as well as Founders Circle. Mrs. Morris stated that the shields have been ordered and have been advised that delivery will be the second week of April. Councilman Blank suggested a film on the face of the light as well as the shield. Assistant Mayor Hirschl suggested that the shields be installed and then the Council evaluate. He further stated the comments he has received have been that people feel secure and comfortable in walking at night. Councilman Boggess questioned removing the existing inpatiens in 30 days. He stated they should remain a minimum of 60 days longer. Mr. O'Leary stated he is working with Bob Wheldon and it is his understanding at this time, subject to Council approval, to order the replacement plants. Mrs. Morris stated that one problem is with the number of plants that are needed, the Village will have to get on a replanting time Regular Council Meeting 3/16/93 4 184 schedule. Councilman Boggess suggested planting more jasmine therefore cutting down on the plants. Mr. Maute stated that there are no crosswalks on the medians. Mr. O'Leary replied that the Department of Transportation made the Village remove the crosswalks. The General Manager of the Admiralty Apartments requested a mail box be installed on the Westside of Collins Avenue. Councilman Boggess questioned the traffic light for pedestrians crossing on Collins Avenue and Harbour Way. Mrs. Morris stated she will speak to the Department of Transportation and request they review the area from 97th Street North to Harbour Way. Mrs. Morris confirmed that it is the Council's wishes to remove some of the jasmine and mulch some walkways. Assistant Mayor Hirschl questioned the Village's liability on installing walkways. Mr. Weiss advised against placing the walkways. Margie Shell, of the Balmoral, stated she was interested in the type of plants that would be replacing the inpatiens. She suggested a dwarfed perennial as replacement. Mr. O'Leary stated that he can do a slight berm next year to give height to the inpatiens. Mrs. Morris recapped the consensus of the Council was to keep the inpatiens a little while longer and when replanting have a minor berm. Florida Windstorm Underwriting Association: Mrs. Morris stated that at last months meeting the Council had spoken about the Florida Windstorm Underwriting Association. She further explained that shortly thereafter a notice was received, relative to a Public Hearing to be held on Key Biscayne. Mr. Beckham attended this meeting on behalf of the Village. Mr. Beckham thanked Bal Harbour for their support in approval of the Florida Windstorm Underwriting Association. He further stated that due to public outcry the Insurance Commissioner has expanded the wind pool for all -areas of eastern Dade and Broward counties. He explained that before the hurricane only a few companies would write windstorm coverage and after the hurricane it was impossible to obtain windstorm coverage. He continued ;to explain that the association is a consortium underwritten by the State, but with backing by the insurance companies. He further explained that coverage though this association is not as broad, and is expensive. • He further stated that people should seek coverage elsewhere first. Amphitheater: Mrs. Morris stated she has spoken with David Wolphin, City Attorney of North Miami, and he advises that Dr. Bragdon is in the process of completing his report on the base line readings. Dr. Dunn has been working with Dr. Bragdon on this report. She further stated they are working on scheduling a workshop for sometime in April. She continued to report they are also investigating the noise control system. Craig Smith & Associates - Water Main Failure: Mrs. Morris distributed a copy of a memorandum she received, and read to the Council a portion of the memorandum, which stated "no significant corrosion in the area of the failure." Mrs. Morris explained that Regular Council Meeting 3/16/93 5 185 the pipe and soil samples from the Balmoral were sent to American Ductile Iron Pipe Co. The Village should know within a few weeks as to the results of their investigation. Evaluation Council Employees: At this time Councilman Boggess requested that the Village Manager and the Village Clerk be excused, as well as all Village employees. Councilman Boggess stated his reason for this item, and requested suggestions on how to proceed. It was the consensus of the Council that Teresa no longer assist the Clerk, but assist the Village Manager and Mayor. The Village Manager, Village Clerk and Teresa were requested to appear. Councilman Boggess explained that the Village Manager, Village Clerk and Administrative Assistant are to listen to the tape. He explained the Clerk was to handle her own duties. This would give the Council a better opportunity to evaluate her job performance. 9. Other Business: No other business was presented. 10. Adiourn: There being no further business to come before the Council, a motion was offered by Councilman Boggess and seconded Councilman Blank to adjourn. The motion carried unanimously (4-0) with Councilman Taplin absent, and the meeting adjourned at 11:30 a.m. Mayor Estelle Stern Attest: Jeanette Horton, CMC/AAE Village Clerk /jh Regular Council Meeting 3/16/93 6