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HomeMy Public PortalAbout1987-06-30 Regular Meeting62 COUNCIL MINUTES JUNE 30, 1987 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, June 30, 1987. The meeting was called to order at 9:35 a.m. by Mayor Richard H. Olsen and the roll was called. Those present were: Mayor Richard H. Olsen Asst. Mayor Estelle Stern Councilman James E. Boggess* Councilman Sol M. Taplin Councilman (elect) Matthew B. Blank Also present: Louise K. Miller, Village Manager Richard J. Weiss, Village Attorney Carole S. Morris, Village Clerk As a quorum was present the meeting was convened. Approval of Minutes: A motion was offered by Mr. Taplin to approve the minutes of the May 26, 1987 regular meeting as submitted and seconded by Mrs. Stern. The motion carried unanimously (5-0). A motion was offered by Mr. Taplin to approve the minutes of the June 9, 1987 special meeting as submitted and seconded by Mr. Boggess. The motion carried unanimously (5-0). A motion was then offered by Mrs. Stern to approve the minutes of the June 23, 1987 special meeting as submitted and seconded by Mr. Taplin. The motion carried unanimously (5-0). Presentations - Officer of the Month: Mayor Olsen then recognized Police Chief Robert Baquero. Chief Baquero then read from a memo detailing the selection of Officer Alan Hogue as Officer of the Month for May 1987. Chief Baquero then presented Officer Hogue with a plaque and check in the amount of $100 as recognition of his efforts. Chief Baquero also recognized Officer Hernan Carcieno, who was unable to be present, with a certificate for an outstanding arrest. Oath of Office - Matthew B. Blank: In accordance with the appointment of the Village Council, made at their June 23, 1987 special council meeting, Matthew B. Blank was requested to step forward and take the oath of office as a Village council member. The Village Clerk administered, to Mr. Blank, the oath. The Council joined in welcoming Mr. Blank. Ordinances - Second Reading/Public Hearing: The Village Clerk read, by title, an ordinance amending the smoke detector annunciator requirements imposed by Village ordinance number 275. *Mr. Boggess arrived during the approval of the minutes. 63 A motion was offered by Mr. Taplin and seconded by Mrs. Stern to enact this ordinance. There being no discussion the motion carried unanimously (5-0) becoming ORDINANCE NO. 306 ORDINANCE OF BAL HARBOUR VILLAGE AMENDING ORDINANCE NUMBER 275; ELIMINATING THE REQUIREMENT OF SMOKE DETECTIONS SYSTEMS IN COMMON AREAS; REQUIRING SMOKE DETECTION SYSTEMS IN ELEVATOR AREAS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Ordinances - First Reading: An ordinance was read, by title, by the Clerk which would increase the fees charged for zoning variance applications. The ordinance called for a fee of $150.00 for the first request, $50.00 for each additional request, and reimbursement of legal advertising costs. Mr. Taplin stated that this increase would not be adequate - the application cost should cover all of the costs incurred by the Village in the processing of such an application. Mrs. Miller suggested that the Council might wish to differentiate between commercial and residential variance applications. Mr. Weiss suggested that the Council might wish to use a square footage measure as a basis for the cost. Mayor Olsen suggested that this ordinance be tabled at this time and returned to the attorney for amendment. The ordinance will be re -submitted at the July meeting. A motion was offered by Mr. Taplin and seconded by Mrs. Stern to table the ordinance, instructing the Village Attorney to make the appropriate changes, and return the ordinance to the Council for first reading at their July meeting. Their being no further discussion the motion carried unanimously (5-0). Resolutions: The Clerk read a resolution, by title, which would permit the Village Manager to enter into an agreement with the Department of Transportation to re-imburse the Village for minimal costs related to upkeep of the median areas of state roads in the Village. Mrs. Miller explained that this is the renewal of a similar agreement originally signed in July 1986. While the funds will not provide for the full cost of maintenance of the medians, it will assist in defraying these costs. A motion was offered by Mr. Taplin and seconded by Mr. Boggess to adopt the resolution. There being no further discussion the motion carried unanimously (5-0) becoming RESOLUTION NO. 334 RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO ENTER INTO A "HIGHWAY LANDSCAPING MEMORANDUM OF AGREEMENT" WITH THE STATE OF FLORIDA, PROVIDING FOR RENEWAL OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. Reports and Recommendations - Mayor and Council: Mayor Olsen called the Council's attention to correspondence received 64 from the Balmoral Condominium Association relating the Council's acceptance of the Sak's Fifth Avenue traffic study. While the village code does not provide for appeal or review of such decisions, as the Balmoral Condominium Association is requesting, such an appeal may be granted if the majority of the Council so desires. The Condominium Association has requested this matter be reopened on the grounds that Mr. Whitman was in error when he informed the Council that the Bal Harbour Shops and the Sheraton Bal Harbour have no formal agreement for use of parking facilities. Mr. Sidney Feldman, 9801 Collins Avenue, stated that the number of parking spaces involved in the agreement should be deducted from the amount the Shops are required to provide. If this deduction is made, Mr. Feldman contended the Shops would fall below the Code's requirements. Mrs. Miller reported that she had contact Mr. John Alden, General Manager of the Sheraton Bal Harbour, who confirmed Mr. Whitman's earlier remarks that there is no parking agreement between the two properties. Mrs. Florence Bienen, 9801 Collins Avenue and President of the Balmoral Condominium Association, expressed concern that the Shops would again request to open Bal Cross Drive to provide additional parking. Mayor Olsen responded noting that there are many legal barriers that would have to be resolved before this could occur. Further, Mayor Olsen reminded those present that we cannot un do previous decisions and actions taken by the Village. As no motion was offered to re -open this matter, the request of the Balmoral Condominium Association was denied. Reports and Recommendations - Village Attorney: Mr. Weiss reported that the Sea View/Bal Harbour Park lawsuit has been tentatively settled. The Village is a third party to this suit. While no formal settlement has yet been received by his office, Mr. Weiss advised that the Council would be advised and required to approve the settlement. In response to a request from the Mayor, Mr. Weiss reported that he had reviewed the Village's election code. In his opinion, the Village could enact ordinances providing for single - member districts. Such ordinances would need to be in place at least 6 months prior to any election held under their provisions. Mr. Weiss reported that he will be forwarding a memo to the Council detailing the agreement with Sun Bank for the mini -park property. He briefly recapped the legal problems involving the title which had to be resolved prior to the Village taking any action. These problems are now settled and the Council may proceed as they chose. Reports and Recommendations - Village Manager: Mrs. Miller requested approval of an expenditure to Mercedes Lighting and Electrical Supply in the amount of $8,199.18 from account 001.541.535. This is for the purchase of stock lighting fixtures used along Collins Avenue. A motion was offered by Mr. Taplin to approve this expenditure and seconded by Mr. Boggess. There being no further discussion the motion carried unanimously (5-0). Council's approval of an expenditure in the amount of $5,900.00 to A.B.H. Construction Services from account 65 001.519.461 was requested. These funds will provide for repairs to a roof leak in the police department. A motion was offered by Mr. Blank to approve this expenditure and seconded by Mr. Taplin. There being no further discussion the motion carried unanimously (5-0). Mrs. Miller requested that the Council approve a purchase from DeBra Enterprises in the amount of $5,833.00 from account 001.539.640. This is for the purchase of a riding mower at the state bid price. After some discussion, a motion was offered by Mr. Taplin to approve this expenditure and seconded by Mr. Blank. There being no further discussion the motion carried unanimously (5-0). Approval was requested of a purchase from Hydro -Pumps, Inc. in the amount of $26,350.00 for a by-pass sewer pump, account 402.535.640. This purchase is as recommended by Ludovici and Orange, the Village engineers of record. A motion was offered by Mr. Boggess to approve this purchase and seconded by Mrs. Stern. There being no discussion the motion carried unanimously (5-0). Mrs. Miller also requested approval of expenditures in the amounts of $6,250.00 and $7,500.00 to Ludovici and Orange and Von Oesen, respectively. These expenditures will provide for their expert assistance in completing the capital improvements element and coastal management element of the comprehensive plan, as mandated by the State. These expenses will be paid out of grant monies received from the State for this purpose. A motion was offered by Mr. Blank to approve the expenditure to Ludovici and Orange and seconded by Mr. Taplin. There being no discussion the motion carried unanimously (5-0). A motion was then offered by Mr. Taplin to approve the expenditure to Von Oesen and seconded by Mr. Blank. There being no discussion the motion carried unanimously (5-0). Finally, Mrs. Miller requested that the Council approve an expenditure in the amount of $6,600.00 to Diller -Brown and Associates, account 401.533.461. This will provide for installation of a valve in the water plant as per our engineers (Ludovici and Orange) recommendation. A motion was offered by Mrs. Stern to approve this expenditure and seconded by Mr. Taplin. There being no further discussion the motion carried unanimously (5-0). Mrs. Miller then advised the Council of the following expenditures: Fine Jacobson Schwartz Nash, et al, services related to the mini -park, $10,748.25, account 101.552.312; Lanier Corporation, recording equipment for police emergency lines, $4,904.00, account 001.521.640 (this was a change in vendor - previously approved to Dictaphone); Ludovici and Orange, addendum to contract to address sewer ventilation of wet and dry pits at stations 1 and 2, $4,100, account 402.535.640. Discussion then turned to the proposed agreement between the Village and Sun Bank relating to the mini -park site. Mr. Kent Little, Manager of the Sun Bank Bal Harbour Office, distributed to the Council a letter outlining the terms the Bank is requesting (a copy of this letter is on file in the Clerk's 66 Office). In response to a question from Mr. John Bruno, 50 park Drive, Mr. Weiss noted that originally intended as a long-term lease agreement, during negotiations with the Bank the agreement evolved into a purchase agreement. Mr. Bob Maute, 9800 Collins Avenue, expressed opposition to the proposed park. Mayor Olsen reminded those present, that while several proposed designs have been received, the Council has made no determination, as yet, as to development of this park - which in reality is more of a median area. Recommendations are expected from Howard Brandston, the lighting designer who is working on lighting the remainder of Collins Avenue, shortly. Mrs. Miller reported that rebate or refund of garbage and utility fees already collected by the Village would create a real financial hardship for the Village. The proper time to address this fee structure is during the upcoming budget workshops. In anticipation of budget planning, Mr. Weiss requested direction from the Council as to the status of the fee ordinance - should an ordinance rescinding be drafted? Mr. John Bruno, 50 Park Drive, stated that the problem is not with user fees but with the fee structure imposed by the Village, noting inequities between east and westside of Collins Avenue charges. Mr. Charles Bornham, 39 Camden Drive, called the current fees unfair and stated he will refuse to render payment. Mr. Bob Maute, 9800 Collins Avenue, also called for an immediate refund this year. Mayor Olsen ended discussion on this matter noting that such fees were provided for in the existing budget and that a refund is not possible. After some further discussion, consensus of the Council directed the Village Attorney to draft an ordinance for the July meeting which would return garbage fees to the ad valorem property tax. Mrs. Miller detailed problems encountered by the Village in reviewing hurricane shelter plans. She recommended termination of the shelter agreement with Good Shepard Lutheran Church and requested the assistance of the press, present at the meeting, in advising residents of this change. Public shelters, open to Village residents, would include: North Miami Senior and Junior High Schools, the Christ Trinity Church and the Greek Orthodox Church (both in North Miami). Council expressed their agreement with this recommendation. Mrs. Miller inquired as to a date for a workshop to review the latest proposals submitted by Harland Bartholomew and Associates. Mr. Taplin suggested that Mr. Drummond's attendance would not be required at the workshop. Mr. Weiss suggested that he request an attorney from his firm, formerly a Dade County planner, attend the workshop as well. Mayor Olsen suggested that the workshop be scheduled to follow the regular meeting in July. As there were no objections, the workshop will be scheduled for that time. Mayor Olsen requested that the Council consider changing their regular meeting date from the last Tuesday of the month to 67 the third Tuesday. As there were no objections, the date will be changed effective with the July 1987 meeting. Mr. Lou Brandt, Regency Spa owner, requested to speak. He expressed concern over rumors relating to the imposition of a building moratorium. Mayor Olsen assured Mr. Brandt that no such moratorium was under consideration at this time. Mr. Brandt further expressed his support for the Bal Harbour Shops. Mr. Boggess inquired of Building Official George Desharnais as to the work currently underway at the old Beau Rivage property. Mr. Desharnais reported that the work is of a preliminary nature - testing only. There being no further business a motion was offered by Mr. Taplin and seconded by Mr. Boggess to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 11:30 a.m. ATTEST: aril( ruiCtiab Village Clerk