HomeMy Public PortalAbout1987-05-26 Regular Meeting51
COUNCIL MINUTES
MAY 26, 1987 - REGULAR MEETING
The regular monthly meeting
Council was held on Tuesday, May 26,
the Village Hall. The meeting was
by Mayor Richard H. Olsen. The roll
were:
Also present:
As a quorum
of the Bal Harbour
1987 in the Council
called to order at 9
was called and those
Mayor Richard H. Olsen
Asst. Mayor Estelle Stern
Councilman James E. Boggess
Councilman Sol M. Taplin
Louise K. Miller, Village
Richard J. Weiss, Village
Carole S. Morris, Village
Village
Room of
:35 a.m.
present
Manager
Attorney
Clerk
was present the meeting was commenced.
Approval of Minutes: A motion was offered by Mrs. Stern and
seconded by Mr. Taplin to waive the reading of the April 28, 1987
regular meeting minutes and approve them as submitted. There
being no changes or corrections the motion carried unopposed
(4-0). A motion was then offered by Mr. Boggess and seconded by
Mr. Taplin to waive the reading of the May 19, 1987 workshop
meeting minutes and approve them as submitted. There being no
changes or corrections the motion carried unopposed (4-0).
Presentations: Mayor Olsen recognized Police Chief Robert
Baquero. Chief Baquero then introduced Officer Kenneth Klingman,
Bal Harbour's Officer of the Year. Officer Klingman, though with
the department for only a short time, had an outstanding year,
being nominated as Officer of the Month some 5 times and winning
the award on 2 occasions. Officer Klingman was presented with a
plaque, a gift from Maus Hoffman, and a weekend trip to Paradise
Island. Officer Klingman expressed his gratitude to the Council
for the honors.
Chief Baquero announced that Officer Robert Bliem is being
honored as Officer of the Month for April 1987. Officer Bliem is
credited with discovering a fire and evacuating the apartment
building. His action averted a potentially serious situation.
Officer Bliem, who is out of town on personal business, will
receive a $100 check from the Village as recognition of his
efforts.
Mayor Olsen then recognized Village Manager Louise K. Miller
to present length of service awards to Village employees.
Employees having served a minimum of 5 years but less than 10
years were presented silver recognition pins. Employees serving
more than 10 years but less than 25 years received gold
recognition pins. Two Village employees who have served 25 or
more years received $500 savings bonds (Zola Allen and
L.C. Crawford).
52
Public Hearing - Saks Fifth Avenue: Mrs. Miller explained
that in accordance with Appendix A., Section 6-10.e of the code,
a public hearing is required to consider the traffic survey and
analysis submitted in conjunction with the proposed expansion of
Saks Fifth Avenue, 9700 Collins Avenue (located in the Bal
Harbour Shops). Mr. David Plummer, the Village's traffic
engineer, then proceeded with his review of the study submitted
by the applicant (the study, performed by Miles Moss and
Associates, Inc. is on file in the Office of the Village Clerk).
Mr. Plummer explained that the code requires two items be
addressed: level of service and parking requirements. With
respect to level of service, projections for traffic increases
which are associated with the expansion, still exceed the minimum
standards prescribed by the code. Parking will also narrowly
exceed the minimum required by the code.
Mayor Olsen opened the public hearing on this matter. Mr.
John Bruno, 50 Park Drive, inquired as to whether or not the
parking stall count included spaces leased to the Sheraton Bal
Harbour and called upon the Council to complete a pollution study
relating to this expansion - stating that such a study had been
performed in conjunction with the construction of the parking
garage. Mr. Matthew Blank, 9801 Collins Avenue, also expressed
concern with the parking calculations. Mr. Stan Whitman, of the
Bal Harbour Shops, responded, stating that there is no lease
between the Shops and the Sheraton for parking spaces. Mr. Lou
Brandt, of the Regency Spa, spoke in support of Mr. Whitman and
the proposed expansion of Saks. The public hearing was then
closed.
A motion was then offered by Mr. Taplin to accept the Miles
Moss and Associates traffic study and seconded by Mrs. Stern.
There being no discussion the motion carried unanimously (4-0).
Public Hearing - Variance Request 255 Bal Bay Drive: Mrs.
Miller reported that Dr. Lewis Elias, owner of the property
located at 255 Bal Bay Drive (Lot 9 Block 11 of the Residential
Section), is seeking a variance of Appendix A, Section 6-1.3.g of
the code. This variance would permit encroachment of 6'8" into a
10'0" required side setback for the construction of a canopied
carport. The variance has been properly advertised and courtesy
notices sent to nearby property owners. The abutting property
owner has filed a letter with the Building Department stating
that they have no objection to this variance. After review,
approval of this variance is recommended, with certain
restrictions. Specifically, the carport must comply with
Appendix A, Section 5.5 of the code and additional landscaping
for the northwest corner of the carport ris recommended.
Mayor Olsen opened the public hearing on this variance. As
there were no comments, the public hearing was closed.
A motion was offered by Mr. Taplin and seconded by Mrs.
Stern that this variance be approved subject to the conditions
recommended by the Manager. There being no discussion the motion
carried unanimously (4-0) thus becoming
53
RESOLUTION NO. 332
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
APPROVING NON-USE VARIANCE OF APPENDIX A,
SECTION 6-13.G PERTAINING TO PROPERTY LOCATED
AT 255 BAL BAY DRIVE (LOT 9 BLOCK 11 OF
RESIDENTIAL SECTION OF BAL HARBOUR VILLAGE);
PROVIDING FOR AN EFFECTIVE DATE.
Ordinances - First Reading: An ordinance was presented for
first reading which would amend Ordinance No. 275 thus
eliminating the requirement for smoke detection systems in common
areas. Mayor Olsen recognized Mr. Sidney Feldman, 9801 Collins
Avenue, who requested that the Council defer consideration of
this ordinance until the June meeting. Mr. Feldman also
requested that the Village provide the condominiums with
assurances that compliance with the Village requirements would
also satisfy any state and or county codes. Mayor Olsen
indicated that this is beyond the Village's prerogative. Mr.
Phil Barrett, present representing World Electronics a firm
involved in the sale and installation of smoke detection devices,
noted that neither the state nor the county have retro-fit
requirements such as Sarasota and Bal Harbour have. Mr. Weiss
concurred and offered to meet with Mr. Feldman or his
representative to further discuss his request. The ordinance was
then read, by title only, by the Village Clerk. A motion to
approve the ordinance on first reading was offered by Mr. Taplin
and seconded by Mrs. Stern. There being no further discussion
the motion carried unanimously (4-0)
ORDINANCE OF BAL HARBOUR VILLAGE AMENDING
ORDINANCE NUMBER 275; ELIMINATING THE
REQUIREMENT OF SMOKE DETECTION SYSTEMS IN
COMMON AREAS; REQUIRING SMOKE DETECTION
SYSTEMS IN ELEVATOR AREAS; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
Resolutions: Mayor Olsen requested the Council's approval
of a Resolution included in their packets which would call on the
State legislature to enact the one -cent local option sales tax
without a referendum requirement. Passage of a resolution to
this effect has been urged by the Florida League of Cities. A
motion to adopt this resolution was offered by Mr. Taplin and
seconded by Mrs. Stern. There being no discussion the motion
carried unopposed (4-0) becoming
RESOLUTION NO. 333
RESOLUTION OF BAL HARBOUR VILLAGE EXPRESSING
SUPPORT FOR A ONE -CENT LOCAL OPTION SALES TAX
WITHOUT A REFERENDUM; PROVIDING FOR AN
EFFECTIVE DATE.
Reports and Recommendations - Mayor and Council: Mayor
Olsen announced that a special meeting had been called for May
54
28th to interview the applicants for the Council seat vacated by
the resignation of John S. Sherman. Do to a change in his
schedule, Mayor Olsen will be unable to attend a meeting on that
date. Mr. Taplin stated that the entire Council should be
present for the interviews and suggested that the meeting be
postponed. The meeting was rescheduled for Tuesday, June 9, 1987
at 3:30 p.m. The Clerk was directed to notify the applicants.
Reports and Recommendations - Village Attorney: Mr. Weiss
indicated that he would have a full report on the status of the
mini -park for the Council at their June meeting.
Reports and Recommendations - Village Manager: Mrs. Miller
noted that, in their packets, the Council had received a memo
indicating the projected change in the millage rate should the
solid waste fee and utility tax be returned to the ad valorem
tax. It was suggested that this information be included in the
upcoming village newsletter and examples shown of the effect on a
property valued at $100,000. Mr. John Bruno and Mr. Charles
Bornmann, 39 Camden Drive #1, expressed outrage with the solid
waste fee structure. Mr. Bruno called on administration to
provide some type of rebate system and expressed the belief that
any liens filed against property owners for non-payment of these
fees would be illegal. Mayor Olsen noted that discussion of this
matter is not provided for on the agenda and urged residents to
be patient and allow Council adequate time to deal with these
matters. Mr. Weiss added that these fees were imposed following
public hearings. These public hearings are the proper time to
hear such comments.
Mayor Olsen reminded residents that requests to be placed on
the Council agenda should be directed to the Clerk.
Mrs. Miller submitted to the Council a memo detailing
maintenance costs associated with the jogging path. Costs have
exceeded budget, due partially to an unusually high tide. Mrs.
Miller stated that she anticipates a reduction in maintenance
requirements and accordingly costs due to less rigorous
standards. Projected costs are approximately $35,000 annually.
Mr. Boggess expressed doubt that the path can be adequately
maintained for a cost of $35,000 annually. Mayor Olsen requested
that the Building Official further investigate the possibility of
planking the path with a pressure treated wood and the type of
maintenance this would require. Mr. Desharnais indicated that a
"sand and seal" method is another alternative, he suggested that
a sample tract be finished in this manner and tested. Mr.
Taplin, noting that the path is currently in poor condition,
suggested rolling the path might help. Administration was
directed to investigate each of these alternatives. Mr.
Matthew Blank urged that signs prohibiting bikes on the path be
erected.
Mrs. Miller requested that the Council clarify their
interpretation of the Resort Tax Funds as the Code is somewhat
ambiguous. Mr. Taplin noted that the reserve provided for by
this tax, was originally intended to provide a reserve in the
event of hurricane damage. The remainder of the Council
55
concurred with this definition.
Mrs. Miller reported that Howard Brandston will be here in
June to direct the lighting of the median island between the
Balmoral and the Sheraton Bal Harbour. This lighting has been
recommended by the Resort Tax Committee and will be paid for with
resort tax funds. The estimated cost, for the one island, is
$10,750. If the project is successful, the remaining median
islands will be provided for in the upcoming budget. As Mr.
Brandston will also be working with the Sheraton Bal Harbour
during his stay, the cost for his room and board will be absorbed
by them. Mr. Sidney Feldman voiced concern over this proposal
stating that the desires of the condominium residents and the
commercial entities are not always alike. Mr. Taplin, stated
that this is primarily aesthetic lighting and noted Mr.
Brandston's outstanding reputation. Mayor Olsen reminded those
present that it is the Council's duty to consider the community
as a whole thus striking a balance of needs. As there were no
objections, Mrs. Miller was directed to proceed with the project.
Other Business: Mr. Sidney Feldman read a statement noting
the formation of the "Sal Harbour Association, Inc."
representing the buildings on the east side of Collins Avenue (a
copy of this statement is on file in the Clerk's Office). The
officers are as follow: President - Sidney Feldman,
Vice -President Henry Hardy, Vice -President Leon Cohen,
Secretary/Treasurer Larry Cliff.
Mr. John Bruno called on the Council for an explanation of
the sewer rate structure. Mayor Olsen again, noted that this is
a new Council and it will require some time for them to address
various matters.
There being no further business, a motion was offered by Mr.
Boggess and seconded by Mrs. Stern to adjourn the meeting. As
there were no objections the meeting adjourned at 11:25 a.m.
Ma or
ATTEST:
Village Clerk