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.
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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.
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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.
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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
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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
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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
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