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COUNCIL MINUTES
APRIL 19, 1988 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, April 19, 1988 in the Village Hall
Council Chamber. The meeting was called to order at 9:30 a.m. by
Mayor Richard H. Olsen and the roll was called. Those present
were:
Mayor Richard H. Olsen
Asst. Mayor Estelle Stern
Councilman Matthew B. Blankl
Councilman James E. Boggess
Councilman Sol M. Taplin2
Also present: Louise K. Miller, Village Manager
Richard J. Weiss, Village Attorney
Carole S. Morris, Village Clerk
As a quorum was found to be present the meeting was
commenced.
II. Approval of Minutes: A motion was offered by Mr.
Boggess, and seconded by Mrs. Stern, to waive the reading of the
March 15,1988 regular meeting minutes and to approve them as
submitted. There being no changes or corrections the motion
carried and the minutes were approved (3-0). A motion was then
offered by Mrs. Stern, and seconded by Mr. Boggess, to waive the
reading of the March 21, 1988 special meeting and approve them as
submitted. There being no changes or corrections the minutes
were approved (3-0). A motion was offered by Mrs. Stern, and
seconded by Mr. Boggess, to waive the reading of the April
4,1988 special meeting minutes and to approve them as submitted.
There being no changes or corrections the motion carried and the
minutes were approved (3-0).
III. Presentations: Mayor Olsen then recognized Police
Chief Robert Baquero. Chief Baquero read a memo outlining
Detective Robert Moruzzi's achievements which resulted in his
selection as "Officer of the Year" for 1988. Detective Moruzzi
was presented a certificate and a plaque recognizing his
achievements and a savings bond from the Village in the amount of
$500.
The Mayor then recognized Ms. Lynn Aspinall, present on
behalf of Informed Families of Dade County, to accept a
1Mr. Blank arrived after the meeting had commenced, during
the discussion of the Village Manager's evaluation.
2Mr. Taplin arrived after the meeting had commenced, during
the presentation to the Officer of the Year.
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proclamation declaring the week of May 9th through May 13th as
"Red Ribbon" week in Bal Harbour. The Village Clerk read the
proclamation which was then presented by Mayor Olsen.
IV. Public Hearing: The public hearing on the zoning
variance request was deferred until after consideration of the
ordinance presented for first reading. Following that item, the
public hearing was convened to hear a request by Mrs. Catherine
Lee, owner of the property located at 67 Bal Bay Drive (lot 17,
block 2), for a zoning variance. Building Official George
Desharnais explained that this structure, a screened pool
enclosure, had already been constructed and that, if the variance
were granted, appropriate penalty fees would be assessed as well
as the contractor reported to the Board of Professional
Regulation. The screened enclosure encroaches some 5' into the
rear and side setback areas. Mr. Ted Sheil, legal counsel for
Mrs. Lee requested that' the Mayor limit persons speaking during
the public hearing to property owners of record. Mayor Olsen
then opened the public hearing on this variance. Mrs. Martin
Neca Logan, guardian for the minors who inherited the residence
located in the rear of the property in question (64 Camden Drive
- Logan residence), objected to this construction taking place
without having first been granted the required variance. She
also complained that the pool pump, located in the rear setback
was too loud. Mr. Jerry Simmons, 70 Camden Drive, also spoke in
opposition to the variance request. Additionally, the Council
received correspondence opposing this application from Mrs.
Logan, Mr. Simmons, and Ida M. Therrel - 63 Bal Bay Drive.
Letters favoring the variance were received from the following:
Mr. and Mrs. William Whitman - 173 Bal Bay Drive, Mr. and Mrs.
John Brunetti - 84 Bal Bay Drive, Helena Booth McGinnis - 83 Bal
Bay Drive, Mr. and Mrs. James Alvord, 66 Bal Bay Drive, Janette
M. Towle - 73 Bal Bay Drive, Kathryn D. Healy - 190 Balfour
Drive (a copy of each of these letters is on file in the Clerk's
office). Mr. Sheil explained that the home in question is not
occupied and that the screen enclosure was erected to avoid
problems with cats and young children. Moreover, it was the
responsibility of the contractor to obtain the required permits.
After some further discussion, Mr. Sheil agreed that both a
baffler -type covering and a timer could be provided for the pool
pump. A motion to approve the variance, subject to the
construction of a baffler -type covering for the pump which meets
with the approval of the building official, installation of a
timer such that the pump will not operate after 8:00 p.m. and
completion of both of these items within 30 days, was offered by
Mr. Boggess and seconded by Mrs. Stern. The motion carried
unanimously (4-0) thus becoming
RESOLUTION NO. 355
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
APPROVING NON-USE VARIANCE OF APPENDIX A,
SECTIONS 6-2.a. AND 6-2.g. PERTAINING TO
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PROPERTY LOCATED AT 67 BAL BAY DRIVE, LOT 17
BLOCK 2 - RESIDENTIAL SECTION OF BAL HARBOUR;
PROVIDING FOR AN EFFECTIVE DATE.
V.A. Ordinances - Second Reading: None.
V.B. Ordinances - First Reading: As previously noted,
this matter was considered out of agenda order. An ordinance was
presented for first reading which would reduce the setbacks for
pools and screen enclosures for properties located in the R-1,
RM-4, and PC districts fronting along Indian Creek and Biscayne
Bay. Mr. Boggess explained that this ordinance, though drafted
at his request, did not reflect his intentions. He had requested
the ordinance permit pools to be 20' from the rear setback and
had made no reference to screen enclosures. Mr. Weiss explained
that in drafting the ordinance he had consulted the Village
Building Official and they had provided for screen enclosures out
of concern for the elements - i.e. leaves falling into the pools,
frogs - as well as concern for the safety of children and to be
in accordance with County requirements. Several council members
expressed concern that, as the ordinance is currently drafted, a
pool could be constructed - unscreened - setback 20' and then a
variance requested for a screen covering which would leave only a
15' setback. After some further discussion, a motion was offered
by Mr. Boggess and seconded by Mrs. Stern to defer further
deliberation of this ordinance until the attorney, in cooperation
with the Building Official, is able to re -draft this ordinance.
The motion carried unanimously (4-0).
VI. Resolutions: None.
VII.A. Reports and Recommendations - Mayor and Council:
Mayor Olsen recognized Mrs. Stern to report on the findings of
her committee, established to evaluate the performance of the
Village Manager. Mrs. Stern began by recognizing both Mr. Frank
Crippen and Mr. Sidney Feldman for their efforts in this pursuit.
Mrs. Stern read a summary of the committee's earlier meeting and
it was agreed that each of the committee members would submit, to
the Council, their findings reduced to writing. Mr. Feldman, who
had interviewed employees regarding the manager, read a statement
to the Council expressing grave concerns about Village
management. Mr. Taplin spoke in support of Mrs. Miller, noting
that he feels the Village to be well run and the Council well
informed. Mrs. Evelyn Gilbert, Dr. Andrew Hirschl, and Mr. Herb
Davis expressed concern over the manner in which the evaluation
had been conducted. They felt interviewing of employees to be
unwise, as some may have personal vendettas. After some further
discussion, a motion was offered by Mr. Boggess and seconded by
Mrs. Stern to accept the committee's report. The motion carried
unanimously (4-0). It was agreed that the reports would be
committed to writing and submitted to the Council, the Council
would in turn consider these reports and continue their
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discussion at the next meeting. Mrs. Miller was then recognized.
She explained that the evaluation was in accordance with the
terms of her contract, to which she had voluntarily submitted.
She further outlined her achievements and her efforts to best
represent the community.
VII.B. Reports and Recommendations - Village Attorney:
Mrs. Miller explained that the current agreement for legal
services had expired. Included in the packet was a letter from
the Village Attorney indicating his willingness to continue in
accordance with the terms of the existing agreement until
September 30, 1988. Mr. Weiss briefly recapped the terms of his
agreement. A motion was offered by Mr. Taplin and seconded by
Mr. Boggess to approve continuation of this agreement through
September 1988. There being no discussion the motion carried
unanimously (5-0).
VII.C. Reports and Recommendations - Village Manager: As
the hour was drawing late, Mr. John Kelly (Finance Director) was
recognized to render the quarterly financial report. Overall,
the Village's financial condition was found to be in line with
budgetary projections.
Mrs. Miller, explaining that the Village had previously
sought bids for the installation of a ventilation system for the
sewer pumping station, requested that this matter be deferred at
this time. Only one bid response had been received and it was in
excess of the amount anticipated. Under the terms of the bid,
the price is firm for 60 days. Consequently, Mrs. Miller would
like to make use of this time to investigate other alternatives.
An invoice in the amount of $2,510 from Kruse O'Connor and
Ling was presented for approval. The invoice would be charged to
account 001.513.315 and was for services rendered relative to the
police pension fund dispute. A motion to approve payment of this
invoice was offered by Mr. Taplin and seconded by Mrs. Stern.
There being no discussion the motion carried unanimously (5-0).
VIII. Other Business: Mrs. Miller reported that a sample
of the proposed p.v.c. border for the jogging path has been
installed behind the Singapore. She urged the Council to visit
this location.
Mrs. Miller also reported that she had corresponded with
Commissioner Harvey Ruvin relative to the recent disturbances at
Haulover Park. Mrs. Miller had requested Mr. Ruvin to assist
with provision of adequate law enforcement in this area.
IX. Adjourn: A motion was offered by Mr. Boggess and
seconded by Mrs. Stern to adjourn the meeting. The meetinq
adjourned at 12:00 p.m.
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Ma
ATTEST:
D
Village Clerk
Council Minutes - April 19, 1988 5