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HomeMy Public PortalAbout1988-04-19 Regular Meeting125 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. Council Minutes - April 19, 1988 1 126 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 Council Minutes - April 19, 1988 2 137 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 Council Minutes - April 19, 1988 3 138 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. Council Minutes - April 19, 1988 4 139 Ma ATTEST: D Village Clerk Council Minutes - April 19, 1988 5