Loading...
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