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Home My Public Portal About1988-01-19 Regular Meeting111 COUNCIL MINUTES JANUARY 19, 1988 - REGULAR MEETING The regular monthly meeting of the Bal Harbour Village Council was held on Tuesday, January 19, 1988 in the Village Hall. The meeting was called to order by Asst. Mayor Estelle Stern at 9:35 a.m. by the roll was called. Those present were: Asst. Mayor Estelle Stern Councilman Matthew B. Blank Councilman James E. Boggess Councilman Sol M. Taplin Absent: Mayor Richard H. Olsen Also present: Louise K. Miller, Village Manager Richard J. Weiss, Village Attorney Carole S. Morris, Village Clerk As a quorum was determined to be present the meeting was commenced. II. Approval of Minutes: A motion was offered by Mr. Boggess and seconded by Mr. Blank to approve the minutes of the December 15, 1987 regular meeting and the December 22, 1987 special meeting as submitted. There being no changes or corrections the minutes were unanimously approved (4-0). III. Presentations: Asst. Mayor Stern then read a proclamation declaring the month of February 1988 as "American Heart Month" in Bal Harbour and urging all residents to support this worthy cause. Mrs. Marian Bradley, a Village resident, was present to accept the proclamation on behalf of the Heart Association. Asst. Mayor Stern then recognized Mrs. Miller who introduced Sgt. James Cooper, the Village's newly promoted police sergeant. Sgt. Cooper has been with the department since June 1985 and was the top scorer on the promotional examination. Deputy Chief Glen Grundy joined Mrs. Miller in commending Sgt. Cooper. IV.A. Ordinances - Second Reading: An ordinance was read by title, by the Clerk, which would provide for the expiration of zoning variances, as well as a procedure for extension of such variances. Asst. Mayor Stern opened, and as no one desired to speak, closed the public hearing. A motion was then offered by Mr. Taplin and seconded by Mr. Blank to enact this ordinance. There being no further discussion the motion carried (4-0) thus becoming 112 ORDINANCE NO. 315 ORDINANCE OF BAL HARBOUR VILLAGE AMENDING APPENDIX A, SECTION 11-4 OF THE BAL HARBOUR VILLAGE CODE PROVIDING PROCEDURES FOR EXTENSION OF VARIANCES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. IV.B. Ordinances - First Reading: An ordinance was then read by title by the Clerk which would amend the zoning provisions of the Ocean Front district. Asst. Mayor Stern opened the public hearing on this ordinance. Robert Allen, representing Lou Brandt of the Regency Spa Hotel, spoke in opposition to the ordinance. Mr. Allen reminded the Council of his previous correspondence with them on behalf of Mr. Brandt. Mr. Allen urged the Council to increase the height restriction of the ordinance from 22 to 24 floors and expressed dismay over the "disproportionate" side setback requirements. Dan Paul, representing the Bal Harbour Club, also spoke in opposition to the proposed ordinance. Mr. Paul called on the Council to set a maximum side setback requirement and termed the ordinance, as proposed, discriminatory. Mr. Weiss explained that the setback requirements were not an oversight, but that the effect in each case had been considered. The public hearing was then closed. A motion was offered by Mr. Boggess to enact the ordinance on first reading and was seconded by Mr. Blank. The motion carried unanimously (4-0) ORDINANCE OF BAL HARBOUR VILLAGE AMENDING APPENDIX A, SECTIONS 6-9(g), 6-9(k), AND 6-9(m) OF THE BAL HARBOUR VILLAGE CODE BY: DECREASING THE PERMITTED BUILDING COVERAGE AND INCREASING THE MINIMUM FRONT AND SIDE SETBACKS FOR BUILDINGS EXCEEDING SEVENTEEN (17) STORIES IN THE OCEAN FRONT DISTRICT; PROHIBITING CABANAS IN THE SIDE SETBACK AREAS; INCREASING THE PERMITTED BUILDING HEIGHT IN THE OCEAN FRONT DISTRICT FROM SEVENTEEN (17) TO TWENTY-TWO (22) STORIES; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. V. RESOLUTIONS: The Village Clerk read a resolution in support of the Dade County School Board's proposed $980 million bond issue. Mrs. Miller explained that this resolution is a joint effort, supported by Bay Harbor Islands and Surfside as well. A motion was offered by Mr. Taplin to adopt the resolution and seconded by Mr. Boggess. There being no further discussion the motion carried unanimously (4-0) becoming RESOLUTION NO. 344 RESOLUTION SUPPORTING THE DADE COUNTY SCHOOL 2 113 BOARD PROPOSAL FOR ISSUING GENERAL OBLIGATION BONDS NOT EXCEEDING $980 MILLION FOR THE PURPOSE OF ACQUIRING, BUILDING, ENLARGING, FURNISHING OR OTHERWISE IMPROVING BUILDINGS OR SCHOOL GROUNDS IN THE PUBLIC SCHOOLS OF DADE COUNTY, FLORIDA. VI.A. REPORTS AND RECOMMENDATIONS - MAYOR AND COUNCIL: Mr. Taplin requested the Village Manager recontact Harland Bartholomew to ensure that the side setbacks in the ordinance, enacted on first reading today, are in accordance with his prior recommendations. VI.B. REPORTS AND RECOMMENDATIONS - VILLAGE ATTORNEY: Mr. Weiss reported that the Village's pension action regarding the Chapter 185 monies has been stayed pending resolution of another case involving the same issues. VI.C.1. REPORTS AND RECOMMENDATIONS - VILLAGE MANAGER: Mrs. Miller requested the Council's approval of charges in the amount of $5,303.19 from Henry Von Oesen and Associates for engineering work associated with repairs to the groins. Funds will come from account 101.552.313. A motion was offered by Mr. Taplin and seconded by Mr. Blank to approve payment of this invoice. The motion carried unanimously (4-0). VI.C.2.: Mrs. Miller reported on the "Gala Bal Harbour '88" fashion event held on January 16, 1988. The event, benefitting the Comprehensive Cancer Center at the University of Miami was a success. Further information as to the budget, public relations value, proceeds, etc., will be submitted as it becomes available. VI.C.3.: Mrs. Miller reported on the responses received to the Village's recent Dental Bid. This program will be paid entirely through employee payroll deductions, with no added cost to the Village. It is recommended that the Village accept the Dual Option proposal from American Dental. A motion was offered by Mr. Boggess and seconded by Mr. Taplin to approve the award of this bid. There being no further discussion the motion carried unanimously (4-0). VI.C.4.a.: Mrs. Miller informed the Council that proposals will be sought on the following items. The first item is a retrofit ventilation system for the sewer stations. This item is included in the current operating budget. A motion to approve the manager seeking bids for this item was offered by Mr. Boggess and seconded by Mr. Taplin. There being no discussion the motion carried unanimously (4-0). VI.C.4.b.: The next item to be bid is an upgraded landscape plan for 96th Street. Mrs. Miller explained that $27,000 to fund this upgrade had been obtained from the Bal Harbour Shops at the 3 114 time of approval of the Saks variance. The estimated total cost of this landscaping is approximately $40,000. Both Mr. Taplin and Mr. Blank suggested that the cost of the landscaping be limited to no more than the funds contributed for this project. After some further discussion, a decision on this matter was deferred until the plans for this landscaping could be reviewed by the Council. VI.C.4.c.: Bids are also being requested for establishment and administration of a Flexible Compensation/Section 125 Plan. Finance Office John Kelly explained that establishment of this type of plan would reduce employees' net taxable income thereby reducing the Village's payroll tax liability. A motion to approve this bid request was offered by Mr. Taplin and seconded by Mr. Blank. The motion carried unanimously (4-0). VI.C.4.d./e. : Finally, bids will be sought on the purchase of an aerial bucket truck and a rider/sweeper. Both items were included in the current operating budget and will replace outdated equipment. A motion to approve this bid request was offered by Mr. Boggess and seconded by Mr. Blank. The motion carried unanimously. VI.C.4.f: Mrs. Miller reported that proposals had been sought from engineering firms to assist with completion of the Comprehensive Plan elements mandated by the State. The only response received has been from Ludovici and Orange. No fee has been negotiated for their services as of this date. VI.C.4.g: Mrs. Miller passed a letter to the Asst. Mayor. Mrs. Stern read the letter, from Sun Bank, indicating their agreement to contribute $200,000 for "beautification and improvement of the land directly surrounding" the Bal Harbour branch. Mr. Weiss, noting that Mayor Olsen has been negotiating directly with Sun Bank regarding this matter, suggested the Council defer any action until the Mayor is able to review this agreement and present it at the next Council meeting. Mr. Sidney Feldman, 9801 Collins Avenue, disapproved of the Bank's placing any limitations upon the funds. He complained about debris in the areas of the Sheraton and the Balmoral, especially adjacent to the bus shelters.* VI.C.5 Quarterly Financial Reports: Finance Officer John Kelly presented the Quarterly Financial report. The sewer fund is in line with budgetary projections. However, water consumption and therefore water revenues, are down. Also, resort tax collections, to date, are running behind last year's pace. VII. Other Business: none *Mr. Boggess excused himself and exited the meeting at this time, due to an unavoidable commitment. 4 11r VIII. Adjourn: There being no further business to come before the Council a motion was offered by Mr. Taplin and seconded by Mr. Blank to adjourn the meeting. The meeting adjourned at 11:05 a.m. /.///cZGe..._ Mayor ATTEST: Village Clerk 5