HomeMy Public PortalAbout1979-05-29 MeetingCOUNCIL MINUTES
May 29, 1979
The Council of Bal Harbour Village met Tuesday, May 29, 1979 at
9:30 A. M. at the Village Hall.
Present: Messrs. Beatty, Krez, Printup, Taplin and Miss Gray
Absent: None
Also present: Fred Maley, Village Manager; Betty Carver, Deputy
Village Clerk, and Alan Gold, Village Attorney.
Mr. Gold requested that the Bay Harbor Islands minutes of the Special
Joid:Meeting of the Councils of Bay Harbor Islands, Bal Harbour Village and the
Commission of North Bay Village, held Tuesday, May 8, 1979 at the Bay Harbor
Islands Town Hall, be incorporated in the Bal Harbour Village minutes of that
meeting. On motion of Mr. Krez, seconded by Miss Gray, and voted, the minutes
of April 24, 1979, and May 8, 1979 were approved as submitted.
Fraseur Knight, architect, reviewed a schematic design for the Depart-
ment of Tourism addition to the Village Hall. After discussion, it was the de-
cision of the Council to include office space for the Mayor in conjunction
with the conference room, together with other minor changes to the design plan.
Discussion on the need for an elevator for the Council Chambers and Department
of Tourism followed. It was the decision of the Council to include the elevator
in the plans and specifications as an alterate bid item.
The Council discussed the financing of street lighting improvements in the
Residential District. Mr. Maley suggested that a Capital Projects Trust Account
be created in the General Fund to accrue monies for future public works projects.
This to be in lieu of borrowing for major public works projects paid for by
General Funds. This procedure will eliminate the need for referendom on a project -
by -project basis. Mr. Gold explained that it is legal to either expend General
Funds or levy special assessments against properties benefitted, for public
works projects. The method of financing is a policy decision. Mr. Gold explained
it would be improper to use Resort Tax monies for Capital projects unrelated to
tourism.
Mr. John Small of Florida Power and Light Company stated that the Power
Company had not as yet found the cause for the recent fire in the electrical vault
on Bal Bay Drive.
The Village Manager suggested the early renewal of our 30 year franchise
agreement with Florida Power and Light Company. Mr. Maley explained that the
present franchise agreement will expire in June, 1981. The franchise is based
on 68 of the gross sales of electricity within the Village each year. Last year
the check was for approximately $160,000. The new franchise agreements call for
monthly payments, rather than an annual one. The Power Company is willing to
renew franchise agreements at an earlier date. Mr. Maley explained that the issue
had been clouded and that we were in danger of losing the franchise because of a
Circuit Court decision which said that the next franchises would have to be
county -wide and would exempt the cities. Dade County has passed a Resolution
stating they will not interfere with the renewal of municipal franchises. How-
ever, it is uncertain how long they will continue that position. Mr. Taplin re-
commended that Mr. Gold research the new franchise agreement and report his
findings to the council at the next meeting.
In an attempt to resolve the water supply issue, a meeting on June 14,
1979, at the Dade County Water and Sewer Authority, is to be attended by Messrs.
Maley and Gold and any of the Council who are able to attend.
Mr. Gold suggested that Messrs. Maley and Males meet with Miami Beach
officials in an informal discussion before the June 14th meeting so there
can be some general understanding of the Authority's proposed solution. Mr.
Maley explained that out of discussions with Miami Beach, the comment has been
made that if they cannot make a profit selling water, they may not want to be
in the water business. Resulting from that, the County has proposed a contract
with Miami Beach, whereby they would pay Miami Beach a pro-rata share for the
use of their system to serve us and we would become a direct customer of the
County. We would then be in a position to buy directly from the County at
wholesale rates.
Mr. Gold stated that he, representing Bal Harbour, and Bay Harbor Islands,
and Joseph Weil, City Attorney of North Bay Village, had each received letters
of response from Robert Shevin, City Attorney of Miami Beach, to our counter-
proposals for a water rate settlement with the City of Miami Beach. Mr. Shevin
believes our counter -proposal represents the bottom line which Miami Beach will
consider acceptable, and that it warrants further discussion. At the same time,
Mr. Shevin's response to Mr. Weil was that the North Bay Village proposal was
unacceptable. They feel it is a misunderstanding on Mr. Shevin's part, as both
letters relate to the same numbers and to Mr. Silverman's letter suggesting what
a fair rate would be as a comprise. Mr. Gold was authorized to proceed further.
Mr. Leon Sarkesian, President of Bal Harbour Club, suggested that the
Resort Tax Advisory Committee be enlarged to five members. The past minutes are
to be researched to see the structure of the Advisory Committee before the vacancy
now existing is filled.
Mr. Maley advised he was not ready to recommend any changes on the Surf-Bal-
Bay Library Advisory Committee until he is able to be in touch with Mrs. Schwartz.
Mr. Maley also stated that the Advisory Committee has recommended a one-time up-
grading of the library facilities, requesting $25,000. Mr. Males of Bay Harbor
Islands had recommended to his Council the amount of $20,000; Mr. Maley stated
that he would also recommend $20,000, and Mr. Strasburg of Surfside had also
agreed to that amount. Last week, Mr. Strasburg cut this amount to $15,000
regardless of the amount the other two municipalities are willing to go.
George Desharnais, our Building Inspector, reported that Dr. Lewis Elias
is requesting two variances for minor additions to his residence at 255
Bal Bay Drive. Letters have been received from Dr. Elias' neighbors on each side,
stating no objections to the improvements. On motion of Mr. Beatty, seconded
by Miss Gray, and voted, a variance for the rear yard patio was approved. It
was suggested that in order to act on the variance for the side yard trellis,
the Council wishes to see a rendering, with dimensions, which should also be
approved by Mr. McGeagh, the neighbor immediately adjacent.
Mr. Maley reported that both he and the Flagship First National Bank of
Miami, Miami Beach Office, acting as Trustees for the Bal Harbour Employees
Pension Trust, agreed that in accordance with the Trust Agreement, all in-
vestments must be approved by the Village Council prior to their implementation.
The Council expressed its appreciation to Messrs. Villeneuve and Davis as in-
vestment advisors, and asked them to continue this service directly to the
Council rather than the Trustee.
May 29, 1979
Mr. Whitman told the council that the Resort Tax Advisory Board
wished to recommend Mr. Ralph Gimel as a member to replace Mr. Cliff
who is leaving the area. On motion of Mr. Krez, seconded by Mr. Taplin,
and voted Mr. Gimel was appointed to the Board.
Mr. Maley recommended to the council their approval of two additional
panels on the Bal Harbour Shops Collins Avenue sign to indicate whether
the shops and/or restaurants were open at night. The request was made by one
of the restaurant owners. On motion of Miss Gray, seconded by Mr. Beatty and
voted the change was approved.
Plans for a wooden trellis to extend into the side setback area at
Dr. Elias' home at 255 Bal Bay Drive were tabled until his neighbor to the
north could be contacted.
Miss Gray asked the council's opinion on the millage roll -back election
and it was their opinion that they were against it as individuals.
Mr. Maley reported that new heavy duty parking meters with pipe mod-
ifications had been received and were being installed in the parking lots under
Haulover Bridge.
On motion of Mr. Krez, seconded by Miss Gray the meeting was adjourned
at 11:50 A. M.
Attest:
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Village Clerk
COUNCIL MINUTES
August 28, 1979
Mayor
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July 31, 1979
The Council of Bal Harbour Village met Tuesday, August 28, 1979
at 9:30 A. M. in the Village Hall.
Present: Miss Gray, and Messrs. Beatty, Printup and Taplin
Absent: Mr. Krez
Also present were Fred W. Maley, Village Manager; Mary T.
Wetterer, Village Clerk, and Alan S. Gold, Village Attorney.
0n motion of Mr. Taplin, seconded by Miss Gray, the minutes of July
31, 1979 were approved as submitted.
Mr. Gold reviewed his opinion of August 6, 1979 in which he advised the
council that they may expend general funds to repair municipally owned street