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HomeMy Public PortalAbout1988-05-17 Regular Meeting140 COUNCIL MINUTES MAY 17, 1988 - REGULAR MEETING The regular monthly meeting of the Bal Harbour 'village Council was held on Tuesday, May 17, 1988 in the Hall Council Chamber. The meeting was called to order at G::'C a.m. by Mayor Richard H. Olsen and the roll was called. These 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 Mr. Taplin, to waive the reading of the April 19, 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). III. Presentation: The Mayor then recognized Mr. Arnold Pfeffer, Chief Executive Officer of the National Parkinson Foundation, to accept a proclamation declaring the week of May 16th through May 22nd as "Parkinson Awareness Week" in Bal Harbour. The Village Clerk read the proclamation which was then presented by Mayor Olsen. IV. Public Hearing: A public hearing was convened to consider a request from C.C. Cantor Corp., d/b/a Miss Grimble's, to upgrade their liquor license to 4COP (beer, wine, alcohol). Miss Grimble's was represented by Syd Chadroff - attorney, who indicated that Miss Grimble's has no intention to expand but only to offer alcoholic beverages to their patrons. John Bruno, 50 Park Drive, expressed concern that alcohol served at tables located outside of the restaurant might constitute a hazard. As no one else desired to speak, the public hearing was then closed. A motion to approve the upgrading of Miss Grimble's license to 4COP wa offered by Mr. Blank and seconded by Mr. Taplin. There being no further discussion, the motion carried unopposed (5-0). V. Ordinances: (Please note that no ordinances were scheduled for consideration at this meeting) Paul Chaplin, 108 Bal Bay Drive, inquired as to the status of the proposed ordinance which would amend the setback requirements for pools in Regular Council Meeting - May 17, 1988 141 waterfront areas. Mayor Olsen explained that this ordinance had been considered at the April council meeting and deferred to the attorney for modification. Building Official George Desharnais explained that the current code requires a 40' setback. The problem encountered when this ordinance was previously considered relates to screened pool enclosures. Mr. Desharnais reported that he had surveyed property owners affected by the proposed ordinance and found that they, along with Mr. Boggess, disapproved of screen enclosures. The attorney was asked to review the original ordinance and make the appropriate changes such that this ordinance could receive first reading at today's meeting. A motion to place this matter on the agenda was offered by Mr. Boggess and seconded by Mrs. Stern. The motion carried unopposed (5-0). The Village Clerk then read the proposed ordinance by title. A motion to enact the ordinance was offered by Mr. Boggess and seconded by Mrs. Stern. The motion carried unopposed (5-0) and the following was approved on first reading ORDINANCE OF BAL HARBOUR VILLAGE AMENDING APPENDIX A, SECTION 5-3 OF THE BAL HARBOUR VILLAGE CODE; DECREASING THE MINIMUM SETBACKS FOR SWIMMING POOLS WITHIN THE R-1, RM-4, RM- 5, AND PC DISTRICTS WHICH FRONT ON INDIAN CREEK AND BISCAYNE BAY; PROVIDING FOR SEVERABILITY; INCLUSION IN THE CODE AND AN EFFECTIVE DATE. VI. Resolutions: A resolution was read, by title, by the Village Clerk urging the renewal of the Gas Tax. Mrs. Stern explained that adoption of this resolution was requested by the Dade League of Cities. A motion to adopt this resolution was offered by Mrs. Stern and seconded by Mr. Taplin. There being no further discussion the motion carried unanimously (5-0) thus becoming RESOLUTION NO. 356 RESOLUTION OF BAL HARBOUR VILLAGE SUPPORTING THE RENEWAL OF THE GAS TAX PURSUANT TO THE TERMS AND CONDITIONS OF THE EXISTING INTERLOCAL AGREEMENTS PROVIDING FUNDS BE DISTRIBUTED AMONG THE COUNTY AND THE CITIES IN ACCORDANCE WITH THE CURRENT INTERLOCAL AGREEMENTS FOR THE PURPOSES OF OBTAINING A PORTION OF THE AFORESAID LOCAL OPTION GAS TAX AUTHORIZED BY SECTION 336.025, FLORIDA STATUTES. A resolution was then read, by title, by the Village Clerk establishing a "Bring to Justice" Fund to be used to provide reward funds for information leading to the arrest of any person killing a police officer. A motion to adopt this resolution was offered by Mr. Taplin and seconded by Mr. Blank. The motion Regular Council Meeting - May 17, 1988 2 142 carried unanimously (5-0) thus becoming RESOLUTION NO. 357 RESOLUTION OF BAL HARBOUR VILLAGE URGING ALL LOCAL GOVERNMENTS TO CONTRIBUTE TO A "BRING TO JUSTICE REWARD FUND" WHEREBY REWARDS WILL BE GIVEN TO ANY PERSON(S), OTHER THAN POLICE OFFICERS, FOR INFORMATION LEADING TO THE APPREHENSION AND CONVICTION OF ANY PERSON COMMITTING THE CRIME OF MURDER OF ANY POLICE OFFICER OF ANY MUNICIPALITY, STATE OR FEDERAL GOVERNMENT WHILE PERFORMING HIS DUTIES IN DADE COUNTY, FLORIDA; REQUESTING A MINIMUM CONTRIBUTION OF $1,000.00 TO SAID FUND CONDITIONED UPON ALL LOCAL GOVERNMENTS PARTICIPATING. VII.A. Reports and Recommendations/Mayor and Council: Mrs. Miller explained that the crosswalk from the Sheraton parking lot to the Bal Harbour Shops has been resolved, however, it was necessary to resolve the matter of the crossing from the employees' exit at thee Sheraton to the bus stop. Mayor Olsen added that, basically, only two options exist, keep or eliminate the crosswalk. Mr. Boggess expressed concern that this is being handled in a disjointed manner and should be incorporated into an overall plan for development of the mini-park/median area, and for that reason, moved to table this issue. Mr. Taplin seconded this motion. Mrs. Miller explained that funding for development of this area has been secured from the Department of Transportation and that work must commence in the next 30-40 days. Sheldon Pivnik, of the Metro -Dade Division of Signals and Signs, explained that the County would like to return the flashing light to a red/green light and mover the crossbars. In order for this to be done, the County is requesting the Village agree to assume the costs for construction of the handicapped ramps and for a sidewalk across the median/mini-park area. A motion was offered by Mrs. Stern to move the crosswalk to the and install a perimeter sidewalk and handicapped curb cuts. This motion was seconded by Mr. Boggess and carried unanimously (5-0). VII.B. Reports and Recommendations/Village Attorney: Mr. Weiss reported that the Harland Bartholomew/Ocean Front zoning ordinance has been revised and is under review. Mrs. Stern expressed concern as to whether or not the ordinance addressed density adequately. VII.C. Reports and Recommendations/Village Manager: 1. Approval of Purchase: Mrs. Miller requested that the Council approve purchase of a 1/2 ton GMC pickup truck as per State Bid A4. The truck will be purchased from Courtesy Pontiac GMC at a cost of $10,215. Funds are provided in the current operating budget under account 001.539.640. A motion to approve Regular Council Meeting - May 17, 1988 3 14 the expenditure wa offered by Mr., Taplin and seconded by Mrs. Stern and carried unanimously (5-0). 2. Proposal(s): Proposals have been solicited for covering the wooden border along the jogging path with p.v.c. The low bid was received by Serge Taieb Construction, at a cost of $18,900. Mr. Taplin suggested, that if the vendor will hold the price, it might be best to postpone this work until after the hurricane season. A motion to approve this expenditure, if the vendor will hold the price until December 1, was offered by Mr. Taplin and seconded by Mr. Blank. The motion carried unanimously (5-0). Mrs. Miller requested that the Council approve the expenditure of up to $10,000 to the Village engineers, Ludovici and Orange, for completion of a 201 Update - required as a part of the Village's sewer grant application. Mr. Weiss suggested that their proposal be amended to reflect attendance at all required Village meetings at no additional charge. A motion to approve this expenditure was offered by Mr. Boggess and seconded by Mr. Taplin. The motion carried unanimously (5-0). A proposal from Lightsey Concrete Company for repaving, drainage, and restriping (provision of handicapped parking stalls) of the north parking lot was presented. Cost for the improvements is $3,357.90. A motion was offered by Mrs. Stern and seconded by Mr. Boggess to approve this expenditure. The motion carried unanimously (5-0). Mrs. Miller then presented a proposal from Zambelli International Fireworks for a Fourth of July fireworks display. The display would take place on a barge, anchored off -shore and the cost would be approximately $10,990. Numerous residents expressed concerns about security, traffic, crowds, etc. A motion to approve this expenditure was offered b Mr. Boggess and seconded by Mrs. Stern. The motion carried unanimously (5-0). 3. Award of Bid: Mrs. Miller reported that bids have been received for the 96th Street Landscaping Project(s) - Bid #88-5. Administration is recommending that sections II and III of the bid be awarded to Vila and Son Landscaping, with 2 palms being omitted from section III (at a savings of $8,400). A motion to accept the bid, as per administrations recommendation, was offered by Mr. Boggess and seconded by Mr. Blank. The motion carried unanimously (5-0). VIII. Other Business: (Please note that this item was considered out of agenda order, following discussion of 96th Street pedestrian traffic) Mr. Stanley Whitman was then recognized regarding his request, on behalf of the Bal Harbour Shops Merchants Association to return their contribution to the Gala Bal Harbour '88 event, as this event was under the estimated budget. He noted that Larry Cliff and John Alden both support this request. Enid Rosenthal spoke on behalf of the Merchants Association, urging return of their contribution. Mayor Olsen suggested that return of their pro rata share might be more appropriate. Mrs. Miller suggested that these funds might be Regular Council Meeting - May 17, 1988 4 144 encumbered toward the next special event. Mr. Taplin offered a motion to defer this decision to the next meeting. This motion was seconded by Mrs. Stern and carried unanimously (5-0). Mr. Blank commended the police department of their performance, as reported in the May 8 Miami Herald. Mrs. Miller reported that a matching grant has been received from the Florida Inland Navigation District in the amount of $29,625. Mr. Anthony Riso queried as to Village code with respect to parking of commercial vehicles and leash laws. Mr. Weiss agreed to look into these areas. 1. Evaluation of Village Manager: Mayor Olsen opened discussion on this matter by passing the gavel and offering a motion that the Village Manager's contract not be renewed as of its termination date, 7/21/88. Mr. Blank seconded the motion. Mr. Taplin stated that he felt to fail to renew this contact would be a mistake. Mr. Taplin reported that he had talked with important department heads and representatives of the community and they were please with Mrs. Miller's performance.1 Mayor Olsen explained that the criteria given the review committee was, if you owned Bal Harbour would you hire Louise Miller as your chief operating officer. He expressed concerns about working relationships in Village Hall. After some further discussion the question was called and the motion carried 4-1, with Mr. Taplin dissenting. A motion was offered by Mayor Olsen and seconded by Mr. Boggess that the Village Manager be relieved of her duties immediately and kept on the payroll until the termination of her contract, and that the Clerk be appointed as acting manager. The motion carried unopposed (5-0). Mr. Boggess inquired as to the procedure for selection of a new manager. Mrs. Stern indicated that the search would begin immediately - with an ad placed in municipal publications. Mrs. Miller thanked the Council for the opportunity to serve the Village. Mrs. Stern responded by wishing Mrs. Miller well. IX. Adjourn: A motion to adjourn the meeting was offered by Mr. Taplin and seconded by Mrs. Stern. The motion carried unanimously and the meeting adjourned at 1:15 p.m. Mayor lAt the June 21, 1988 meeting, Mr. Taplin requested that this portion of the minutes be amended to reflect that he spoke with department heads who indicated no deficiencies sufficient to warrant dismissal and that he interviewed representatives of the ocean front properties that were pleased with the Village services that they receive. Regular Council Meeting - May 17, 1988 5 145 ATTEST: Le.Cbii tom. i(.kitty) Village Clerk Regular Council Meeting - May 17, 1988 6