HomeMy Public PortalAbout1989-07-18 Regular Meeting43
COUNCIL MINUTES
JULY 18, 1989 - REGULAR
The regular monthly meeting of the Bal Harbour Village Council
was held on Tuesday, July 18, 1989 at 9:30 A.M. in Village Hall.
The meeting was called to order by Mayor Estelle Stern. Those
present were:
Mayor Estelle Stern
Asst. Mayor Matthew B. Blank
Councilman Sol M. Taplin
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Also Present: Carole S. Morris, Village Manager
Richard J. Weiss, Village Attorney
Marilyn P. Kreger, Village Clerk
Having a quorum present, Mayor Stern called the first item.
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Item 2. Approval of Minutes: June 20, 1989,.July 10, 1989
Mayor Stern called for action on the June 20th minutes. Asst.
Mayor Blank identified two corrections to the June 20th minutes.
The first is on page 7, at bottom, the motion to approve plans
reflects both the motion and the second by Asst.,Mayor Blank.
The second correction is on page 9, at top, the name should be
Robert C. Graham, rather than Bob Graham, so as not to create
confusion with Senator Bob Graham.
C/M Boggess moved to approve the minutes as corrected, seconded
by C/M Taplin. Minutes are approved.
C/M Taplin offered a correction to the July loth minutes on page
one, paragraph beginning with Mr. Desharnais, by stating that the
prior zoning was less liberal not more liberal. There was a 20
foot setback requirement on each side and 100 feet from the ocean
which is less liberal than what is being recommended in the
proposed ordinance.
Village Manager Morris also corrected the attendance by saying
that C/M Boggess was not present at the meeting.
Asst. Mayor Blank moved and C/M Taplin seconded a motion to
approve the minutes as corrected. Minutes are approved.
Item 5. Ordinances - Second Reading
The Village Clerk read the ordinance by title.
Carole Morris, Village Manager, stated this.is the ordinance
which provides for guidelines for pool construction within the
setback area. A special inspector is provided for to parallel
the South Florida Building Code in case the engineering work gets
particularly unusual. It would be desirable to have that
expertise to protect the Village.
Richard Weiss, Attorney, stated that the concern is with the
public elements, tying into the existing seawall. Mr. Desharnais
wanted to make sure he could bring in an inspector with a
certification who would be qualified to inspect in this
specialized area. The inspector would be consulted on an as
needed basis.
C/M Boggess moved to approve the ordinance on second and final
reading, seconded by C/-M Hirschl.
Vote Taken: All Voted Aye Ordinance No. Passed
Item B. Ordinance amending Appendix A of the Code f)estricting
the refiling of zoning applications.
The Village Clerk read the ordinance by title.
The Village Manager presented this item by saying this is the
ordinance Council previously requested so the same variance
application cannot be heard more than once within a twelve month
period.
C/M Taplin moved and C/M Hirschl seconded a motion to approve
this ordinance on second and final reading.
Vote Taken: All Voted Aye Ordinance No. Passed
Item 6. Ordinance - First Reading
The Village Clerk read the ordinance by title.
Carole Morris, Village Manager, stated that a report was given at
the last Resort Tax Committee meeting as far as sound levels at
the hotels and complaints coming in as a result of the activities
at the hotels. Parties at the Sheraton have gone past 10:00 P.M.
which is the latest hour for such activities in the law
presently. If this law is passed, the hours would be extended to
11:00 P.M. on weekdays and 1:00 A.M. on weekends and holidays. A
letter of application would have to be submitted to the Village
Manager at least 10 days in advance of the event containing
specific information about the event. The manager would then
have to give a decision of approval or denial.
Reg. Council Mtg. 7/18/89 2.
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Complaints had come in to Village Hall regarding a party at the
Sheraton on July 4th which went until about 1:00 A.M. Asst.
Mayor Blank stated that he received many complaints on July 4th
and other days as well. The music from the steel bands used is
very loud which makes it impossible for the residents to sleep.
He would not have an objection to the ordinance providing the
Sheraton advises the Balmoral manager when such events are going
to take place.
Mrs. Morris added that the current ordinance does not allow for
exceptions - the limit is 10 P.M. all the time. The new
ordinance will provide more flexibility.
Mr. Weiss explained that this ordinance is not saying that
whatever goes on until the new hours is legal. The ordinance
creates a presumption as to a nuisance. If the ,decibel levels
are over a certain level during the day, it is presumed to be a
nuisance. If they are over a certain level at night, they are
presumed to be a nuisance. The day time sound levels are higher
than the night time, so the daytime sound levels may Se extended
to specific hours with the permission of the Village Manager.
Upon question by C/M Hirschl, Attorney Weiss responded there is a
difference between sound levels in a residential area and a
commercial -apartment area, but not the hours.
C/M Taplin moved and Asst. Mayor Blank seconded a motion to
approve this ordinance on first reading.
Vote Taken: All Voted Aye
Item 7. Resolutions
The Village Clerk read the Resolution by title.
Carole Morris, Village Manager, stated that the Village has been
involved in discussions with Dade County relative to the
waterways in the community. The county has taken a new position
by having the waterways adjacent to Golden Beach declared a No
Wake Zone and extending that down to Oleta River Park. The
County Manager's office has told Mrs. Morris that if Bal Harbour
would go on record by requesting the same action, they would
assist in pursuing that result for Bal Harbour as well.
Having a No Wake Zone would help preserve the life of the
seawalls and resolve residents' complaints about loud boat
traffic.
Reg. Council Mtg. 7/18/89 3.
In response to a question of C/M Taplin regarding jet skis, Mayor
Stern stated that the Village has written to the Dade County
Mayor and County Commissioners with responses having been
received that they are taking the issue under consideration for
the waterways and the ocean.
Mrs. Morris said she enclosed a copy of an ordinance from Lee
County which addresses oeanfront management and specifically jet
skis. The ordinance creates jet ski traffic lanes outside which
the jet skis may not travel. The jet ski ban on Hoby Cat Sound
has increased the Village's problem significantly. Hopefully the
No Wake Zone would apply to Haulover Inlet as well.
C/M Hirschl moved and Asst. Mayor Blank seconded a motion to
adopt this Resolution.
Vote Taken: All Voted Aye
The Village Clerk read the Resolution by title
Mayor Stern explained that Mrs. Hickey -Patton has been very
active in many areas of Dade County and regional activities for
many years and is well deserving of this award.
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Asst. Mayor Blank moved to adopt the Resolution.
C/M Boggess questioned why the Village is proposing this
Resolution. Mayor Stern explained that the Village was asked to
nominate someone and she was determined at the Dade League of
Cities meeting to be the most qualified and deserving.
C/M Taplin seconded the motion.
Vote Taken: All Voted Aye
Item 8. Reports
A. Mayor and Council - None
B. Villaae Attornev - None
C. Villaae Manaaer
1. Bid Award - Seawall Reconstruction - The Village has a
50% matching grant from the Florida Inland Navigation District
for this project. The low bidder was Great Southern Builders at
$62,112.25. The Village engineer has reviewed the bids, has
worked previously with this company and has found them to be
competent and recommends the bid be awarded to them to proceed
with the project.
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Reg. Council Mtg. 7/18/89 4.
47
C/M Taplin moved and C/M Boggess seconded a motion to award the
bid to Great Southern Builders, Inc. in the amount of $62,112.25.
Vote Taken: All Voted Aye
C/M Boggess advised the public that the range of bids is
$62,112.25 up to $149,000.00.
2. Police Department - approval of expenditures for
departmental renovations - The Village Manager stated that
prices have come in from four bidders with the low -bid from
Manual Perez Construction at $35,900.00 which does not include
cabinet work which work will be done by Village employees. Both
the Police Chief and Building Official recommends the bid be
awarded to the low bidder. Construction would begin about July
24th with a 5/6 week completion time. Four bids, were received
ranging from $35,900 to $42,000.
C/M Boggess moved to approve the bid of Manual Perez'Construction
Corp., seconded by C/M Hirschl.
Vote Taken: All Voted Aye
3. Quarterly Financial Report - Mrs. Morris stated that
John Walker is available to answer any questions. The Village is
in good financial position. There are no questions or comments
and no action need be taken.
9. Other Business
a. Consultant Planner - Update - Mrs. Morris stated that
at the last Council meeting, it was discussed for Mrs. -Morris to
look into securing the services of a consultant planner to review
and make recommendations regarding the zoning code. She has
since met with Ed Plotsky who is the senior planner and an
associate with Craig Smith's firm. He will be preparing an
addendum to the contract for his services to be presented to
Council at the Zoning Hearing on Monday, July 24th. His fees are
more reasonable than Professor Warburton.
8. C. 4. - Dedication of Mini Park - Mrs. Morris reported that
she is still receiving responses from individuals to whom she
sent invitations to attend the dedication ceremony. She
suggested Saturday, December 2nd, as the dedication date. It is
between Thanksgiving and the Gala. Having the dedication on
Saturday will allow for more media coverage as well as being able
to use the bank parking lot. Two names have been suggested for
the park to be dedicated to - Robert C. Graham and Stanley
Whitman. Mrs. Morris is asking for a decision to be able to
order the necessary plaques.
C/M Taplin reiterated his suggestion of naming the park after
Robert C. Graham, founder of Bal Harbour. Asst. Mayor Blank
Reg. Council Mtg. 7/18/89 5.
reiterated his suggestion of naming the park after Stanley
Whitman, developer and owner of the Bal Harbour Shops.
C/M Hirschl asked that the date be changed to December 16th as he
has a conflict with an important prior commitment.
Mrs. Morris was asked to digress for a moment to give an update
report on the proposed Gala. It is still being actively pursued;
however, the positive responses from the designers are not coming
in as was hoped. Enid Rosenthal proposed a new idea to feature
five or six top national and international models wearing clothes
of one or two top designers that have agreed to come such as Bob
Mackie and Bernard Perrise. The show would be particularly
interesting because these models usually don't work the same
shows. The Resort Tax Committee is comfortable with the idea
and it is early enough in the budgeting process to be able to
provide for it financially. The charity's support would still
need to be secured.
The discussion returned to the park dedication by discussion of
the various other dates on which to hold the dedication. Mrs.
Morris explained that the purpose of the dedication ceremony is
to seek publicity for the Village as well as an opportunity to
publicly thank those public figures who have assisted the Village
in securing grants for improvement projects. It also gives those
individuals a public forum for the public to .meet them as
newcomers.
After lengthy discussion, with various names being recommended,
C/M Boggess moved and C/M Hirschl seconded a motion to name the
area FOUNDERS' CIRCLE. A plaque would be prepared with that name
and provision for the addition of the names of individuals who
have made outstanding contributions to the community.
Vote Taken: All Voted Aye
The date was tentatively set for December 16, 1989.
Mr. Herb Davis, resident, suggested that the Village question the
state as to repaving Collins Avenue. Mayor Stern informed the
public that the state will be repaving Collins Avenue from 63rd
Street to the Haulover bridge in 1993.
9. Other Business
b) Mr. Meyer Stern, resident -of the Tiffany Condominium,
voiced a complaint about one of the Village police officers. He
was referred to the Village Manager after the Council meeting.
c) C/M Taplin asked the Village Manager what is happening
about the lighting on the Haulover bridge. Mrs. Morris stated
that the Village has continually contacted the county and all
Reg. Council Mtg. 7/18/89
6.
they will say is that they are working on it. She will continue
to make strong contact.
d) Mayor Stern advised the Council that Public Works is
changing all the shrubbery and cleaning up the area around the
bridge.
10. Adjourn - There being no further business, C/M Hirschl
moved and C/M Boggess seconded a motion to adjourn.
Attest:
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Reg. Council Mtg. 7/18/89 7.