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HomeMy Public PortalAbout1988-03-15 Regular Meeting122 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 Council Minutes 3/15/88 2 125 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