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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