HomeMy Public PortalAbout1988-11-15 Regular Meeting179
COUNCIL MINUTES
NOVEMBER 15, 1988 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, November 15, 1988 at Village Hall.
The meeting was called to order at 9:30 a.m. by Mayor Richard H.
Olsen and the roll was called. Those present were:
Also present:
Mayor Richard H. Olsen
Asst. Mayor Estelle Stern
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplinl
Richard J. Weiss, Village Attorney
Carole S. Morris, Village Clerk/Acting
Village Manager
As a quorum was found to be present the meeting was
commenced.
II. Approval of Minutes: A motion was offered by Mrs.
Stern and seconded by Mr. Boggess to waive the reading and
approve the minutes of the October 18, 1988 Regular Meeting as
submitted. There being no changes or corrections the motion
carried and the minutes were approved as submitted (4-0).
III. Presentations: None.
IV. Public Hearing: (Please note that the variance
applications were considered in reverse -order of the agenda). A
request by the owners of property located at lot 7 and south 100'
lot 8 - Ocean Front District, otherwise known as 9909 Collins
Avenue (Sea View) for a variance of Section 15.5.f of the Bal
Harbour Village Code to permit placement of a non -conforming sign
at the entrance of the property. Larry Cliff, Manager of the Sea
View introduced Mike Gatti, owner of Gatti's Restaurant, which
recently opened in the hotel. Mr. Gatti displayed a photo of the
sign which he is requesting, the sign would be affixed to the
existing entrance marker. Mr. Blank spoke in favor of the
applicant, noting the quality and character of the restaurant.
Mr. Taplin opposed the application as it would probably
precipitate numerous other requests by adjoining property owners.
Mrs. Morris added that the existing signs are owned and
maintained by the Village. Dan Paul, attorney for the applicant,
and the Village Attorney differed as to the need for a variance.
A motion was offered by Mrs. Stern and seconded by Mr. Taplin to
deny the variance. The motion carried unanimously and the
variance was denied (5-0).
1Mr. Taplin arrived following the commencement of the
meeting, during discussion of the variance applications.
1S0
RESOLUTION NO. 373
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
DENYING NON-USE VARIANCE OF SECTION 15.5f OF
THE BAL HARBOUR VILLAGE CODE PERTAINING TO
PROPERTY LOCATED AT 9909 COLLINS AVENUE (LOT
7 AND SOUTH 100' OF LOT 8 - OCEAN FRONT
DISTRICT); PROVIDING FOR AN EFFECTIVE DATE.
A request by the owner of property located at north 100' of
lot 8 and all of lot 9 - Ocean Front district, otherwise known as
9999 Collins Avenue (Bal Harbour Tower) for a variance of Bal
Harbour Village Code, Appendix A, Section 6-9.m.2. such that the
exterior wall of the principle structure will be set back 5' from
the exterior wall rather than the 20' required by Code was then
considered. As adequate materials to evaluate this application
had not been received, it was recommended that this application
be deferred until a later date and readvertised at that time. A
motion to defer consideration of this request was offered by Mr.
Taplin and seconded by Mr. Boggess. The motion carried
unanimously (5-0).
V. Ordinances: None.
VI. Resolutions: A resolution was read by title by the
Mayor adopting certain portions of the Metropolitan Dade County
Code relative to sewer usage. At the request of the Mr. Weiss,
the resolution was amended to specify the sections being adopted.
Mr. Weiss read the amended resolution in full. A motion to adopt
the resolution, as amended, was offered by Mrs. Stern and
seconded by Mr. Taplin. The motion carried unanimously (5-0).
RESOLUTION NO. 374
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
ADOPTING SECTIONS 32.1 THROUGH 32.4, 24-5 AND
24-11 OF METROPOLITAN DADE COUNTY'S CODE;
PROVIDING FOR AN EFFECTIVE DATE.
VII. Reports and Recommendations - Mayor and Council:
None.
VII. Reports and Recommendations - Village Attorney: Mr.
Weiss reported that he has reached a tentative settlement with
Louise K. Miller's attorneys. This settlement would provide for
payment, to Miller, of one month's severance pay. Mayor Olsen
noted that Mrs. Miller has filed, and been granted unemployment
compensation. The Village is contesting this claim. A motion
was offered by Mr. Taplin and seconded by Mrs. Stern to accept
the proposed settlement of one month's severance pay but to
continue to contest the unemployment claim. The motion carried
unanimously (5-0).
VII. Reports and Recommendations - Village Manager: Mrs.
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Morris reported that she had begun searching for a Village Clerk.
It was agreed that she would recommend three candidates and
submit them to Council for final determination.
Landscape Architect Bill O'Leary was then recognized. Mrs.
Morris explained that Mr. O'Leary had some preliminary designs
for them to review relative to development of the Sun Bank
median, two drawings, one featuring a sculpture and one featuring
a fountain were displayed. Mr. Boggess suggested shrubbery, with
perhaps some flagpoles atop the pumpstation would provide a nice
effect. In response to questions from the Council, Sidney
Feldman (9801 Collins Avenue) estimated that a sculpture from a
top artist could run $150,000 or more. Concern wa also expressed
that a fountain would wet passerby due to the wind in the area.
It was directed that Mr. O'leary should redesign the area keeping
these factors in mind. Design revisions will be considered at
the next meeting.
Mrs. Morris noted that a request has been received that the
Village again participate in the "Run for Hope" - a 10K race
benefitting the Hope School. A motion was offered by Mr. Taplin
and seconded by Mr. Blank to approve this participation. The
motion carried unanimously (5-0).
Mrs. Morris announced that at their previous meeting, the
Resort Tax Committee had voted to stand by their prior
recommendation that the service agreement with Eleanor Miller be
terminated. Mayor Olsen recommended the matter be deferred 60
days until competitive bids could be obtained. Herb Kaplan, of
the Sheraton Bal Harbour, distributed copies of a proposal from
Garber & Goodman and called on the Council to approve the
proposal. Mrs. Morris explained that, in view of the amount of
public funds involved, formal bids should be received. After
some further discussion, a motion was offered by Mrs. Stern and
seconded by Mr. Boggess that Mrs. Miller be given 45 days notice
of termination of her service agreement and formal bids be
obtained with the Resort Tax Committee making a recommendation to
the Council at their next meeting. The motion carried
unanimously (5-0).
Mrs. Morris reported that a grant from the Florida Inland
Navigation District for restoration of the sea wall adjacent to
the public works compound. Estimates from engineers are being
obtained.
Mrs. Morris reported that the Collins Avenue median lighting
project is proceeding. Fixtures should be arriving shortly.
Finally, Mrs. Morris requested the Council authorize her to
proceed with repairs to Bal Cross Drive as it was damaged by a
contractor working in the Village. Legal remedy will be used, if
required, to obtain reimbursement. A motion to authorize these
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repairs was offered by Mrs. Stern and seconded by Mr. Blank. The
motion carried unanimously (5-0).
VIII. Other Business: None.
IX. Adjourn: A motion was offered by Mrs. Stern and
seconded by Mr. Taplin to adjourn. The motion carried and the
meeting adjourned at 11:25 p.m.
Mayor
ATTEST:
V'llage Clerk
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