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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. �a 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. 45 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. ,a 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. _J 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: �,t. 1ii .!.� G Reg. Council Mtg. 7/18/89 7.