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.
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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
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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
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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
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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
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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