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COUNCIL MINUTES
MARCH 15, 1988 - REGULAR MEETING
The regular monthly meeting of the Bal Harbour Village
Council was held on Tuesday, March 15, 1988 in the Village Hall
Council Chamber. The meeting was called to order at 9:30 a.m. by
Mayor Richard H. Olsen and the roll was called. Those present
were:
Mayor Richard H. Olsen
Asst. Mayor Estelle Stern
Councilman Matthew B. Blank
Councilman James E. Boggess
Councilman Sol M. Taplin
Also present: Louise K. Miller, Village Manager
Richard J. Weiss, Village Attorney
Carole S. Morris, Village Clerk
As a quorum was found to be present the meeting was
commenced.
II. Approval of Minutes: A motion was offered by Mr.
Boggess, and seconded by Mrs. Stern, to waive the reading of the
February 16, 1988 regular meeting minutes and to approve them as
submitted. There being no changes or corrections the motion
carried and the minutes were approved (5-0). A motion was then
offered by Mr. Taplin, and seconded by Mr. Blank, to waive the
reading of the March 8, 1988 workshop meeting and approve them as
submitted. There being no changes or corrections the minutes
were approved (5-0).
III. Presentations: The presentation for "Keep Dade
Beautiful" was deferred until later in the meeting, following the
Mayor and Council's Report. At that time, Mrs. Stern presented a
proclamation naming the month of April 1988 as "Keep Dade
Beautiful Month". Arlene Kolker and Ana Maria Montes-Flores were
present to accept the proclamation for Keep Dade Beautiful.
Mayor Olsen then recognized Police Chief Robert Baquero.
Chief Baquero read a memo outlining Officer Jose Andrade's
efforts which resulted in his selection as "Officer of the Month"
for February 1988. Officer Andrade was given a certificate
recognizing his achievements and a check from the Village in the
amount of $100.
IV. Public Hearing: A public hearing was then convened to
hear a request by Mr. and Mrs. Paul Chaplin, owners of the
property located at 108 Bal Bay Drive (lot 14, Block 1), for a
zoning variance. Building Official George Desharnais explained
that this property is located in the R1 district which has a 40'
setback requirement. The Chaplin's are requesting that they be
granted a variance allowing them to encroach 10' into this
Council Minutes 3/15/88 1
129
setback area. Courtesy notices had been sent to abutting
property owners and no objections received. Mr. Desharnais
recommended approval of this request, noting that similar
variances had been granted in the past. Mayor Olsen opened the
public hearing on this request. Mr. Boggess suggested that the
Code be amended such that an unroofed structure would not require
a variance. After some discussion the Village Attorney was
directed to prepare an ordinance such that an unroofed structure
setback 20' from the seawall would not require a variance. A
motion was then offered by Mr. Boggess and seconded by Mrs. Stern
to approve the variance. The motion carried unanimously (5-0)
and the variance approved, as
RESOLUTION 347
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA
APPROVING NON-USE VARIANCE OF APPENDIX A,
SECTION 6-1.g. PERTAINING TO PROPERTY LOCATED
AT 108 BAL BAY DRIVE/LOT 14 BLOCK 1;
PROVIDING FOR AN EFFECTIVE DATE.
V. Ordinances: None.
VI. Resolutions: A resolution was then read in full, by the
Clerk, authorizing the Village Manager to enter into an agreement
for maintenance of Village parking meters wit Stroyne Brothers
South, Inc. Mrs. Miller reported that the agreement had been
renegotiated since the last Council meeting and the price reduced
to $3.15 per meter/per month. A motion was offered by Mrs. Stern
and seconded by Mr. Boggess to adopt the Resolution. There being
no further discussion the motion carried unanimously (5-0) thus
becoming
RESOLUTION NO. 348
RESOLUTION OF BAL HARBOUR VILLAGE AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT
WITH STROYNE BROTHERS SOUTH, INC. FOR
MAINTENANCE OF VILLAGE PARKING METERS;
PROVIDING FOR AN EFFECTIVE DATE.
A resolution was then read by the Clerk, in full, requesting
grant assistance under the Florida Inland Navigation District
Grants to make repairs to the Village's seawall. Mrs. Miller
noted that this is the second request we have made to F.I.N.D.
and that this grant will require a match amount by the Village.
A motion was offered by Mr. Boggess and seconded by Mrs. Stern to
adopt this resolution. There being no further discussion the
motion carried unanimously (5-0) thus becoming
RESOLUTION NO. 349
RESOLUTION OF BAL HARBOUR VILLAGE REQUESTING
GRANT ASSISTANCE UNDER THE FLORIDA INLAND
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125
NAVIGATION DISTRICT GRANTS TO LOCAL
GOVERNMENTS PROGRAM; PROVIDING FOR AN
EFFECTIVE DATE.
A resolution was read in full, by the Clerk, declaring the
week of April 24, 1988 as "Graffiti Paint Out" Week. A motion
was offered by Mr. Blank and seconded by Mr. Taplin to adopt the
resolution. There being no further discussion the motion carried
unanimously (5-0) thus becoming
RESOLUTION NO.350
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA,
DESIGNATING THE WEEK OF APRIL 24, 1988 AS
"GRAFFITI PAINT OUT" WEEK.
A resolution was read by the Clerk, in full, approving the
transfer of the cable television franchise agreement from Harte
Hanks to Rifkin/Narragansett South Florida CATV. Finance Officer
John Kelly reported that this is a new venture, a partnership
being formed in order to transact this purchase. Mayor Olsen
requested that language be included in this resolution to ensure
that the transfer would be subject to the terms of the pro forma
financial statements presented to the Village. Mayor Olsen then
opened, and as no one wished to speak, closed the public hearing
on this matter. Mr. Weiss noted that no resolution had been
adopted to approve the transfer of the cable franchise from the
original holder, Ultra-Com to Harte Hanks. Consequently the
attorneys for Rifkin/Narragansett were requesting language be
included to ratify that transfer. Mayor Olsen suggested that
this issue, i.e. the previous transfer, be deferred. A motion to
approve the resolution, with the requirements of the pro -forma
financial statements, was offered by Mr. Boggess and seconded by
Mr. Taplin. There being no further discussion the motion carried
unanimously (5-0) thus becoming
RESOLUTION NO. 351
RESOLUTION OF BAL HARBOUR VILLAGE, FLORIDA,
APPROVING THE TRANSFER OF THE CABLE
TELEVISION FRANCHISE AGREEMENT FROM HARTE
HANKS TO RIFKIN/NARRAGANSETT SOUTH FLORIDA
CATV; PROVIDING FOR AN EFFECTIVE DATE.
A resolution was read, in full, by the Clerk vacating the
public right-of-way in Collins Avenue/West Bal Harbour Boulevard
and approving the Sun Plat. A motion was offered by Mr. Boggess
and seconded by Mr. Taplin to adopt this resolution. There being
no further discussion the motion carried unanimously (5-0) thus
becoming
RESOLUTION NO. 352
RESOLUTION OF BAL HARBOUR VILLAGE VACATING
PUBLIC RIGHT-OF-WAY IN COLLINS AVENUE AND
Council Minutes 3/15/88 3
126
WEST BAL HARBOUR BOULEVARD, APPROVING THE
PLAT ENTITLED SUN PLAT, ACCEPTING DEDICATIONS
AND EASEMENTS THEREIN, AUTHORIZING THE MAYOR
TO EXECUTE THE PLAT, CONDITIONING THE
VACATION OF THE RIGHT-OF-WAY AND THE APPROVAL
OF THE PLAT ON COMPLIANCE WITH COUNTY AND
STATE REQUIREMENTS, PROVIDING FOR AN
EFFECTIVE DATE AND RATIFYING RESOLUTION NO.
343.
VII.A. Reports and Recommendations - Mayor and Council:
Mayor Olsen explained to the Council a situation that has arisen
relative to the Beautification Dinner. Should a guest at the
dinner become intoxicated and then be involved in an auto
accident, the possibility exists that a legal claim might be
filed against the Village. Such a claim would not be covered
under our existing liability insurance. A special liquor
liability insurance policy could be purchased for the evening at
a cost of $500-$1,000. Mayor Olsen explained that, in his
opinion, the primary liability of such a suit would fall upon the
Sheraton. After some discussion, it was agreed to ask the
Sheraton to name the Village on their insurance policy. In the
event that the Sheraton is unable to accommodate the Village, the
matter will be discussed again at the public hearing on the 21st.
Mrs. Stern announced that the report from the Committee
reviewing the Manager's performance is not yet completed.
Hopefully this report will be complete for the April meeting.
Mayor Olsen reported that as of this date, the Gala Bal
Harbour Fashion Show has come in approximately $30,000 under
budget. He suggested that some of the remaining funds might b e
diverted for a 4th of July fireworks show or other community
event. Mrs. Miller noted that it had been suggested that $20,000
of the surplus be utilized for a full page ad in Vogue magazine.
Both Mr. Taplin and Mrs. Stern expressed the opinion that the
value of such an ad, after the event yet nearly a year before a
second event, would be nil. Mr. Weiss suggested that, since a
portion of the budget had included a contribution from the Bal
Harbour Shops, the terms and conditions for receipt of these
funds should be clarified. It was also noted that any such
fireworks display would have to be performed from a barge. Mayor
Olsen suggested that the jetty would be an ideal location and
requested that attorney look at amending the ordinance to provide
for this possibility. It was also agreed that the Resort Tax
Committee should consider appropriation of the excess funds.
Another possible use for such funds would be installation of a
p.v.c. cap over the wooden boarders of the jogging path.
Mr. Boggess read a letter from resident Donald Stabler
protesting false alarm charges incurred. Mrs. Miller explained
that our ordinance is not unique and that an appeal system exists
so that alarm fees incurred under unusual circumstances may be
waived.
Mayor Olsen also commended Mr. and Mrs. Sidney Feldman upon
Council Minutes 3/15/88 4
127
their recent recognition as "Citizen of the Year" by the Kiwanis
Club. Mr. and Mrs. Feldman were recognized for their efforts to
aid dyslexic children.
VII.B. Reports and Recommendations - Village Attorney: Mr.
Weiss reported that the conflict involving the Village and the
State of Florida over receipt of Chapter 185 monies has been
tentatively settled.
VII.C. Reports and Recommendations - Village Manager: A
proposed expenditure in the amount of $3,067.50 to J.M. Carter
and Sons for installation of the Collins Avenue median lighting
was presented for approval. Funds would be provided from account
101.552.630. Mayor Olsen expressed displeasure with the slow
progress of this project. Mrs. Miller explained that this
expenditure would provide for permanent installation of the
lighting demonstrated by Mr. Branston some months ago. Public
Works Superintendent Robert Wheldon said that this installation
would be placed on the island between the Balmoral and the Sea
View. A motion was offered by Mr. Taplin and seconded by Mr.
Blank to approve this expenditure. There being no further
discussion motion carried unanimously (5-0).
An invoice in the amount of $4,723.84 from Howard Branston
Lighting Designs was presented for the Council's approval. Mrs.
Miller explained that the Sheraton Bal Harbour will reimburse the
Village for this expenditure as it was for work in connection
with their property. A motion to approve payment of this invoice
was offered by Mr. Boggess and seconded by Mr. Taplin. There
being no further discussion the motion carried unopposed (5-0).
Mr. Boggess, noting Mr. Branston's rate, suggested that it might
be more cost effective to utilize "local talent."
Mrs. Miller presented a preliminary design for the Sun Bank
median completed by landscape architect Bill O'Leary. She
explained that in order to retain Department of Transportation
funding for this project, in the amount of $27,000, the Village
needs to approved submission of this preliminary sketch - which
provided for handicap curbcuts, sidewalk, etc. Should the final
designs fail to include these features, the Village may then
reject D.O.T. funds. A motion to approve this submission was
offered by Mr. Taplin and seconded by Mrs. Stern. There being no
discussion the motion carried unopposed (5-0). Mr. Kent Little,
Manager of the Sun Bank, noted that numerous customer complaints
have been received regarding the current situation crossing
Collins Avenue.
Mrs. Miller reported that bids had been received for
purchase of a street sweeper. After review of the bids, purchase
of the sweeper from DeBra Turf is being recommended. The cost
for the new sweeper is $29,911 ($30,911 less $1,000 trade-in of
existing equipment) and is provided for in account 001.541.640.
A motion to approve this purchase was offered by Mr. Boggess and
seconded by Mrs. Stern. There being no discussion the motion
carried unanimously (5-0).
Council Minutes 3/15/88 5
128
COUNC MINUTES
MARCH 15, 198 - REGULAR ME ING
The regular monthly
Council was held on Tuesda
Council Chamber. The mee
Mayor Richard H. Olsen a
were:
Also presen
As a
commenced.
II
q •rum
pproval
eeting of e Bal Harbour Village
, March 15, 19:8 in the Village Hall
ng was called to order at 9:30 a.m. by
the roll wa- called. Those esent
M- or Richard H. •lsen
A-st. Mayor Est- le Stern
ouncilman Matt ew B. Blank
Councilman Jam s E. Boggess
Councilman So M. Taplin
Louise K. Mi ler, Village Mana
Richard J. eiss, Village Att
Carole S. orris, Village Cl
was fou : to be present
er
ney
k
the
meeting was
of Mi tes: A motion was offered by Mr.
Boggess, ar seconded by M s. Stern, to wai the reading of he
February 1, 1988 regular eeting minutes an: to approve the as
submitted There beir• no changes or corrections the m tion
carried d the minutes ere approved (5-0) A motion wa then
offered y Mr. Taplin, and seconded by r. Blank, to wai e the
reading f the March 8, 1988 workshop meeting and approve em as
submitt d. There bring no changes or corrections the /hinutes
were a proved (5-0).
II. Present-tions: The pre.entation for
Beau iful" was defer4ed until later in he meeting, fol
Mayo and Council's Report. At that t me, Mrs. Stern p
pro amation nami g the month of April 1988 as
Bea tiful Month". Arlene Kolker and na Maria Montes- lores were
present to accept the proclamation f•r Keep Dade Beau iful.
Mayor Olse then recognized Police Chief Ro•-rt Baquero.
Chief Baquero ead a memo outl'ning Officer J.se Andrade's
efforts which r--ulted in his selec ion as "Officer of the Month"
Veep Dade
wing the
esented a
'Keep Dade
for February 19:8. Officer And ade was given a certificate
recognizing hi- achievements and = check from the Village in the
amount of $100.
IV. Pu• ic Hearing A pub
hear a req est by Mr. and
property located at 108 Bal Bay
zoning variance. Building Of
that this property is located •
setback requirement. The C
granted a variance allowing
Council Minutes 3/15/88
ic hearing was hen convened to
rs. Paul Chap n, owners of the
Drive (lot 14, Block 1), for a
icial George D=sharnais explained
n the R1 distr' t which has a 40'
plin's are req esting that they be
them to enc oach 10' into this
1
129
Mrs. Miller reported that bids had been received for the
purchase of an aerial bucket truck. Subsequent to review of
these bids, purchase of the truck from Layton Utility Equipment
Company is being recommended. Cost would be $31,837.10 and is
provided for in account 001.541.640. A motion to approve this
purchase was offered by Mr. Boggess and seconded by Mr. Blank.
There being no discussion the motion carried unanimously (5-0).
VIII. Other Business: Mrs. Miller reported that
invitations to the Beautification Dinner have been mailed.
Mr. Bob Maute, 9800 Collins Avenue, requested the Village
look into creation of a Village flag.
Mr. Boggess requested the manager and police chief work with
Bay Harbor Islands such that, if another art festival is held,
better arrangements will be made for traffic direction.
IX. Adjourn: A motion was offered by Mr. Boggess and
seconded by Mrs. Stern to adjourn the meeting. The meeting
adjourned at 11:25 a.m.
ATTEST:
illage Clerk
Council Minutes 3/15/88 6