HomeMy Public PortalAbout1986-11-25 Regular Meeting4
COUNCIL MINUTES
NOVEMBER 25, 1986
The regular monthly meeting of the Bal Harbour Village Council was
held on Tuesday, November 25, 1986. The meeting was called to order at
9:30 a.m. by Mayor John S. Sherman and roll was called. Those present were:
Also present:
Mayor John S. Sherman
Asst. Mayor Sol Tapl.in
Councilwoman Estelle Antiles
Councilman George Laikin
Councilman C.B. "Burt"McKeehan
Village Manager Louise K. Miller
Village Attorney Richard J. Weiss
Village Clerk Carole S. Morris
Mayor Sherman also extended a special welcome to members of the
League of Women Voters who were present for the meeting.
Approval of Minutes: A motion to waive the reading of the minutes
of October 28, 1986 meeting and to approve them as written was offered by
Mrs. Antiles and seconded by Mr. Laikin. As there were no changes or add-
itions, the motion carried unanimously (5-0).
French Fashion Show: With the consent of the Council, Mayor Sherman
took this item out of agenda order. Mayor Sherman responded to the recent
editorial in the Miami Beach Neighbors critical of his work in planning for
for the proposed French Fashion Show. Mayor Sherman noted that there
were no violations of the sunshine law and that this Fashion Show is provided
for in the Village budget (to be paid for out of the resort tax revenues).
Mayor Sherman added that confirmation from the French had only been received
on Thursday of the preceeding week 0o:vember 20th) and that this confirmation
was promptly relayed to the media. No agreement has reached yetwithThe
University of Miami School of Medicine regarding sponsorship of the event,
but such an agreement is expected in the near future. He again emphasized
that the Fashion Show was approved by the Resort Tax Committee and approved
as a part of the Bal Harbour Village operating budget. Mayor Sherman went
on to note that several important and newsworthy events had occurred in Bal
Harbour recantly, but no press coverage had been received, these events
included: a meeting on the State Committee on }lousing for the Elderly, the
Project Newborn luncheon, and a prayer breakfast attended by 1,297 persons.
Mayor Sherman then recognized Village Manager Louise K. Miller who read a
letter that she had written to Rick :O rsch of the Miami Beach Neigh-
bors (a copy of this letter was filed in the Clerk's Office). Mrs. Miller
also detailed the budget for the event noting that some 750 people are
expected to attend. Cost for the event will be about S40,000 to the Village,
with this coming from the resort tax proceeds. Air France is contributing
the airline tickets and the Sheraton Bal Harbour will be contributing the
lodging and the meals. The remaining funds will be coming from the Bal
Harbour Shops (approximately S27-28,000). The University of Miami will
November 25, 1986
5
have responsibility for certain functions directly. A motion to approve of
and authorize a continuance of these efforts was offered by Mr. Laikin and
seconded by Mr. McKeehan. There being no further discussion, the motion pas-
sed unanimously (5-0).
Public Hearing: Request for Variance at 162 Bal Bay Drive: Build-
ing Official George Desharnais explained that Mr. and Mrs. Crippen were
requestin^ a variance of Appendix A. Section 6-2(g) of the Bal. Harbour Vill-
age Code at 162 Bal Bay Dr, (lot 21, block 1 of the residential section of
Bal Harbour). The Crippens were requesting permission to construct an add-
ition to their home that would extend 9 feet into the required 10 foot set-
back. Mr. Desharnais stated that he was not aware of any variances on side
setback previously granted by the Village. He expressed concerns that if
the variance was granted a townhouse effect would occur as well as problems
with noise pollution. Mayor Sherman inquired as to the reaction of the
neighboring property owners. Mr. Desharnais reported that the owner of the
adjacent property, Mrs. Valentine, had written a letter expressing her app-
roval of the request, however, her tenant who would soon be purchasing the
property, Mrs. Martinez was opposed to the variance. Mr. Joe Douglass was
then recognized from the audiance. Mr. Douglass stated that he was present
on Mrs. Valentines request to withdraw her previous approval (he noted that
a letter confirming this would follow). The floor was then turned over to
Mr. Crippen, who was represented by Mr. Albert E. Quinton of Quinton, Lummas,
Dunwoody, and Adams. Mr. Quniton submitted copies of letters from Mrs. Crippens'
physician stating her requirements for a swimming pool and also Mrs. Valentine
and Betty Abbezi approving of the plans. Mr. Quinton went on to explain that
several years ago, when the Crippens constructed a pool due to medical require-
ments, they were instruced by the then Village Manager Fred Maley, that the
pool should be put on the street side of the house, that no variance for a
pool on the bay side would be approved. For that reason, the Crippens con-
structed their pool on the street side. Now, they wish to expand their
residence and feel that the only logical place for this expansion is into
the side setback requirement. A motion was offered by Mr. McKeean to deny
the variance request and seconded by Mr. Laikin. It was also suggested that
the Crippens work with Mr. Desharnais to find an alternative soloution for
this dilema. The question was then called and the motion carried unanimously
(5-0) becoming
RESOLUTION 321.
RESOLUTION DENYING NON-USE VARIANCE OF APPENDIX A, SECTION
6-1(g) OF THE BAL HARBOUR VILLAGE CODE PERTAINING PROPERTY
LOCATED AT LOT 21 BLOCK 1 RESIDENTIAL SECTION OF BAL HARBOUR
VILLAGE (162 BAL BAY DRIVE) AND PROVIDING AND EFFECTIVE DATE.
Ordinances Second Reading -Public Hearing: Mayor Sherman noted that
at the November 4th election, voters approved an charter ammendment providing
that on second reading ordinances need be read by title only. In an effort
to provide the residents with information as to the ordinances being con-
sidered, copies of the ordinances considered for second reading are now being
attached to the agendas.
Mayor Sherman then read the title of the zoning ordinance being
considered for second reading and opened the public hearing. Building Official
George Desharnais noted that this is a very important ordinance and urged its
passage. The public hearing was then closed. A motion was offered by Mrs.
November 25, 1986
6
Antiles to enact the ordinance and seconded by Mr. Taplin. There being no
further discussion, the motion carried unanimously passed (5-0), becoming
ORDINANCE 298
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING APPENDIX A,
SECTION 6-1(g) AND 6-2(g) OF THE BAL HARBOUR VILLAGE
CODE TO PROVIDE SIDE SETBACK REQUIREMENTS; AMENDING
APPENDIX A, SECTION 6-10(e) TO LIMIT VEHICULAR ACCESS
TO AND FROM THE BUSINESS DISTRICT; PROVIDING SEVERABILITY
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Mayor Sherman then read by title an ordinance presented for second
reading which would repealordibance number 278, which had imposed smoke detector
system requirements on public lodging establishments. Mayor Sherman then open-
ed the public hearing. Mr. Desharnais indicated his support for the ordinance.
The public hearing was then closed. A motion was offered by Mr. McKeehan to
enact the ordinate and seconded by Mrs. Antiles. There being no further dis-
cussion, the motion carried unanimously (5-0) becoming
ORDINANCE 299
ORDINANCE OF BAL HARBOUR VILLAGE REPEALING ORDINANCE NO.
278 WHICH REQUIRES PUBLIC LODGING ESTABLISHMENTS TO INSTALL
SMOKE DETECTION DEVICES IN ACCORDANCE WITH ORDINANCE NO. 275;
PROVIDING FOR SERVABILITY AND AN EFFECTIVE DATE.
Ordinances - First Reading: Mayor Sherman read an ordinance by
title which would provide for quarterly billing of garbage fees. Mrs. Miller
noted that there was a typographical error in the ordinance and that it
would be effective October 1, 1987. Mr. Sidney Feldman, of the Balmoral,
objected to this stating that the ordinance should become effective immed-
iately. Finance Officer John Kelly explained that we have already received
payment from numerous residents. Mr. Taplin suggested that the Village write
those persons who have already made payment and offer them a partial refund,
thus making the ordinance effective this year. Janet Cassidy suggested that
those paying quarterly should pay more. Mr. Kelly elaborated on this noting
that the budget had been prepared anticipating annual billing and allowing
for interest earned on these funds as well. He estimated the amount of lost
interest caused by a switch to quarterly billing to be approximately $15,000.
Mr. Weiss suggested that the Village adopt an approach similar to that used
by the county with respect to property taxes you receive no penalty for later
payments, but receive a discount for earlier payments. A motion was offered
by Mrs. Antiles to approvethe motion as written (effective October 1, 1986)
and seconded by Mr. Taplin. It was suggested by Mayor Sherman that the revenue
shortfall caused by the switch to quarterly billing by absorbed by the general
fund. There being no further discussion, the motion carried unanimously
(5-0) and the ordinance was approved on first reading becoming
ORDINANCE OF BAL HARBOUR VILLAGE AMMENDING ORDINANCE NO.
290 TO PROVIDE FOR QUARTERLY BILLING OF GARBAGE FEES;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND
AN EFFECTIVE DATE.
Resoulutions: The resolution was read by title by Mayor Sherman.
He explained that each of the three ballot questions from the November 4th
election had passed. Thusly, the charter would be changed to refelct that
the manager has the authority to approve purchases up to $2,500, to allow
the Council to omit their August meeting, and to permit ordinaces to be
read by title only on the second meeting. A motion was offered by Mr. Mc-
Keehan to adopt the resoloution and seconded by Mrs. Antiles. There being
no further discussion the motion carried unanimously (5-0) becoming
RESOLUTION 322
RESOLUTION OF BAL HARBOUR VILLAGE ANNOUNCING SPECIAL
ELECTION RESULTS, CERTIFYING SPECIAL ELECTIONS RESULTS,
PROVIDING FOR AN EFFECTIVE DATE.
Reports and Recommendations: Mrs. Miller reported that work is
continuing on schedule for the jogging path. Completion and dedication are
anticipated for December - more information regarding the dedication will
be available as we near completion. There was some discussion as to add-
itional parking and use by outsiders. It was explained that this path is
intended primarily for residents and their guests and hotel guests and is
being constructed out of the resort tax fund. Mrs. Antiles suggested thai
the path be named something like "health walk" or "health trail" so that all
the residents, not just the joggers would feel comfortable taking advantage
of it.
Mr. Bob Maute expressed a desire that additional entrances to the
beach provided for west side residents. Perhaps something could be arranged
with the Bal Harbour Club or with the developer of the Beau Rivage site.
Mayor Sherman announced the following appointments to the Archit-
ectural Review Board: Astrid Sheil - 2 year term, David Trapp - 1 year term,
Ralph Cades - 3 year term. A motion was made by Mr. McKeehan to pass a res-
olution formalizing these appointments and seconded by Mrs. Antiles. As
there was no discussion the motion carried unanimously (5-0) becoming
RESOLUTION 323
RESOLUTION OF BAL HARBOUR VILLAGE APPOINTING MEMBERS
TO THE ARCHITECTURAL REVIEW BOARD, PROVIDING FOR AN
EFFECTIVE DATE.
Village Attorney Richard Weiss reported that identification cards
are illegal, they were prohibited by the legislature in their last session.
An ordinance addressing this will be presented at an upcoming meeting. Chief
Baquero will provide residents with a list of firms who can provide background
information on potential employees.
Mrs. Miller noted that the use of radar speed detection devices
on Collins Avenue has been so successful that its use will be expanded to
include weekends and Saturdays.
Mrs. Miller noted that progress is being made on the mini -park
planned for the median near Sun Bank. Mr. Weiss is reviewing an agreement
with the Department of Transportation that would provide $27,000 toward the
park. 1ue State is also expected to award clear title in the near future.
Mrs. Miller introduced Susan Perry Redding and Andrew Castle,
representing Blue Cross and Blue Shield's Health Maintenance Organization
"Health Options". As the Village's contract with IMC HMO is up for renewal
on 12/1/86, it is being recommended by administration that their bid be acc-
epted. A motion was offered by Mr. McKeehan to authorize the Village Manager
November 25, 1986
8
enter into an agreement with Health Options and terminate the agreement with
IMC. The motion was seconded by Mrs. Antiles and carried unanimously (5-0).
Mayor Sherman also requested administration review the possibil-
ity of increasing the parking meter cost at Haulover lot to 25e per hour.
Mrs. Miller agreed to look into this. Mr. Bob Maute suggested that all
lots should have the same parking costs.
As there was no further business, the Council meeting adjourned
to a Pension Committee meeting at 11:55 ;a.m.
Attest:
6,(4.4 ,3 t c .)
illage Clerk
Mayor
COUNCIL MINUTES
December 9, 1986
SCE
The regular monthly meeting of the Bal. Harbour Village Council was
held on Tuesday, December 9, 1986 in the Village Hall. The meeting was
called to order at 9:30 A.M. by Mayor John S. Sherman. The roll was
called and those present were:
Mayor John S. Sherman
Councilwoman Estelle Antiles
Councilman George Laikin
Councilman C. B. "Burt" McKeehan
Also present: Village Manager Louise K. Miller
Village Attorney Richard J. Weiss
Village Clerk Carole S. Morris
Absent: Asst. Mayor Sol Taplin
Approval of Minutes: A motion was offered by Mrs. Antiles to approve
the minutes of the November 25, 1986 regular meeting as submitted and
seconded by Mr. Laikin. As there were no changes or corrections, the motion
carried unanimously (4-0).
Presentation - Officer of the Month: Mayor Sherman read a letter from
Police Chief Robert Baquero commending Lt. Victor Valladares on his performance
with respect to a case of bank fraud. Lt. Valladares has worked quite clocely
with the FBI in prosecution of this case and a letter from the FBI has been
received by the Village complimenting Lt. Valladares on his fine performance.
Chief Baquero then introduced Lt. Valladares and presented him with a
plaque as "Officer of the Month" for November 1986. Mayor Sherman also
presented a check from the Village in the amount of $100 as recognition
of this honor.
December 9, 1986